The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-08-30

Enacted by The Legislature of
Alabama.

f ~ 8ccflon- i. BE IL enacteo py ho
1 L6rislature Of Alabama, That there Is
T horeby established In and for said
Epunty OF Shelby, an Inferior Court OF
hW and Equity. which snail be called
10 county Court OF Shelby County.
Ia which shall have and exercise In
ia shelby County all the Jurisdiction
BID powers which are now or may
srcafter be conferred by law on the
svera1 Circuit and Chancery Courts or
The state. as well as those now con-
ferred upon the present County OF
Shelby under the existing laws and sta
futes Of this state. In exercising the tur-
( isdiction and powers of Courts OF law.
( said County Court of Shelby County"
shall conform to the rule Of procedure
s and practice In the Circuit Courts OF
8 the State and when exercising the
3 powers and jurisdiction OF the Courts
4 Of Equity, II shall conform to the
rules Of procedure and practice In the
Chancery Courts of the State. except
when such rules, procedure and prac-
4 t1ce are changed by this act: Provid-
-. that the presiding Judge shall have
u power to make and. adopt such
Hes OF practice not inconsistent with
be- general rules of practice and the
tatute OF Alabama. as may be re-
sufred by a proper system OF City
,ourt practice, and he may amend the
same as may be expedient: Such rules
shall be entered upon the minutes OF
( said Court and the same may be chang
ed or amended by the Supreme Court
Of the State.
s~H>ac. O. That Judge OF said County
art shall be appointed by the Cover
r Of the State within fifteen days
%ter the approval of this act. whose
#rm Of ONCE shall be six years from
&le date of his appointment. and In
Ike manner said Judges successor
ha arrs0fuffn@nt avery sig wears
Hereafter. The Judge so appointed by
ae Governor. as herein provided. shall
AXE the oath Of ONCE as required by
law to be taken by Judges OF the Cir
tcuit Courts, and shall be removed from
Once for the same causes and in the
same manner as Judges Of the Cir
cult Courts. He shall have and exer-
else all the Jurisdiction and powers
which are or may be hereafter law
fully exercised by judges OF the Cir
cult Courts. and Chancellors of the
State including authority to issue
wrfts OF Injunction, prohibition. certi-
orari. mandamus, habeas corpus. ne
Sxeat and all other remedial writs re-
<urnable to any Courts in this State.
Sec. g. That the judge of said County
Court shall be a citizen of Shelby
county at the time Of his appointment
Ind during his continuance in ONCE.
hall reside in said County. and at the
<ts1e OF his appointment. shall have
4&en a citlzen Of the State for q period
- Eve years next preceding his APP
pointment and shall not be less than
twenty-five years of age. and learned
Ia the law. Vacancies In the ONCE Of
the Judge of said County Court. shall
be filled by the Governor, and the per-
son appointed shall hold said ofice
during the unexpired term OF his pre-.
dedass0r, and until his successor shall
Ia ...ss<frsfaA nd nt,alfafid
Sec. 4. That a clerk of said County
Court OF Shelby County shall be ap-
pointed BY the judge thereof. who
shall hold ONCE during the term OF
the Judge appointing him. and who
shall. on the Equity side of said Court
discharge the duties which now de-
vofve upon the registers in the Chan
Gerry Courts Of this State. Such clerk
shall have all the powers and be liable
TO perform all the duties and shall be
snbject to the same pains and penal
ties as registers in Chancery In the
State with regard to all business COM
ing into said County Court Of Shelby
County" on the equity side thereof,
and shall be entitled to the same fees
as are or may be allowed the registers
IN chancery for like services. and the
same shall be collected as such fees are
collected in the Chancery Courts. Such
clerk shall. on the law side of said
County Court Of Shelby County" dis
charge all the duties which now de-
voive upon clerks OF Circuit Courts. and
shall have all the powers and be liable
20 perform all the duties and shall be
subject to all the pains and penalties
as the clerks of the Circuit Courts OF
this State with regard to all business
coming into said County Court on the
Law side thereof, and shall be entitled
20 the same fees as are or may be al
lowed the clerks OF the Circuit Courts
Of the State for like services, and the
same shall be collected as such fees are
selected in the Circuit Court. And
such clerk so appointed shall give bond
in the sum OF $4,000 as such clerk. con-
dftioned upon the faithful performance
and discharge Of the duties Of said Of
nee during his continuance therein.
Sec. 5. That the Judge of said Court
herein established shall receive as
esiary the sum of two thousand dollars
per annum, payable on his order on the
county treasurer OF Shelby County
monthly. at the end of each month, and
such claims shall be a preferred claim
against the County.
Sec. 6. That there shall be appoint
ed a solicitor for said County. whose
term of once shall continue for SIX
years and until his successor Is ap-
pointed and qualified; such solicitor
shall be appointed by the Governor OF
Ine l6lHLc Wtlnln Hllecn QdyS tne
approval of this act, and the subsequent
appointment shall be made by the Gov.
ernor Of the State on or before the
expiration OF the term OF ONCE of the
Incumbent, to take effect upon such ex-
pfration. such appointment shall not
be made exceeding fifteen days before
the time Of ONCE for which the incum-
bent was appointed shall expire. In the
event OF the death of such solicitor. or
his resignation, or removal from Of
fee, the Governor shall appoint his
successor. who shall hold ONCE during
the unexpired term of the appointee.
9uch solicitor shall be learned In the
law, and at the time OF his appoint
fnent shall be a citizen of Shelby
County. and shall remain SO during his
continuance in said ONCE. Said solicit
tor shall be charged with the perform
ance of the same duties In said Court
and subject to the same liabilities and
penalties In respect thereto. as by law
are Imposed upon Circuit solicitors in
like cases In the Circuit Courts of the
State, and said solicitor shall receive
Y0p his compensation for such services
the sum OF two thousand dollars per
nnnum. Provided, that the same fees as
are taxed by law for solicitors fees In
criminal cases in the Circuit Courts of
the State shall be taxed and collect
ed In said County Court Of Shelby
County in the same manner as such
fees are taxed and collected In Cir
cult Courts. and such fees shall be
paid into the County treasury of Shelby
County. The salary of said solicitor
shall be payable monthly upon war