The Birmingham age-herald., 1909-04-28

and costs due the city, or served the sell tenoe of the court. he shall, unless said costs are paid, be delivered to the sheriff of the county to work out the costs in- cured in said circuit court or other court, for which sentence shall be passed on him at the time of rendering Judgment against him in the manner and to the same extent as if said costs had been in- cured in case for violation or state law.
 Sec. B. Be 1t further ordained by the City Council of Birmingham that the re- corder shall have original and concurrent jurisdiction with the county court or court of like Jurisdiction of all misdemeanors committed within the city or town, or within the police jurisdiction thereof but no fine or judgment of acquital or con vietion rendered by said recorder shall be a bar to a prosecution by the state in any case where the facts or offense charged constitute a feony under the laws of the State of Alabama. When a person has been tried and convicted of any of fense which is a misdemeanor under the state laws, by a municipal officer em- powered by law to try such offenses, he shall be punished as provided by law.
 Sec. 6. Be it further ordained by the City Council of Birmingham that the limits of the fine shall be the same as the limits imposed by the state for the same offense, and whenever the state law preScT1DeS TOT Sucn an OnenSe pH0 or more of said punishments conjunc- lively the punishment by the munich pality shall be as prescribed by law. When any person has been tried by any municipal court for a misdemeanor or for a violation of an ordinance com mitted within the police jurisdiction of the municipality, the judgment shall bar prosecution for the same, or sub stantially the same, offense in the state hoe tried for a misdemeanor in the state courts the judgment shall bar prose cution for the same. or substantially the same, offense in the municipal court.
 Sec. z. Be it further ordained by the City Council of Birmingham that in all cases where persons are brought before the recorder, if on investigation of the charge there is a reasonable cause to believe that & felony has been com mitted and that the defendant Is guilty thereof, such officer only has authority to bind such defendant over to appear before the criminal or circuit court, or other court of like Jurisdiction of the county and to proceed in all respects in such cases as justices of the peace are required by law to proceed
 Sec. S. Be 1t further ordained by the City Council of Birmingham that the recorder shal lhave power to admins ter oaths, to compel the attendance of witnesses, and to compel the production of papers and books, and shall have power to punish by fine not exceeding S10 and Imprisonment in the city jail, not exceeding "A hours any person in contempt of court. Such recorder shall have power co-eXtensive with county coutrs in such Jurisdiction to issue writs and other process, and to ap- prove and declare bonds forfeited.
 Sec. g. Be 1t further ordained by the City Council of Birmingham that the Mayor shall have power to remit fines and commute sentences imposed by the recorder, and he shall report his ac- tion to the council at the next regular session. with his reasons therefor in writing.
 Sec 10. Be it further ordained by the City Council of Birmingham that the salary of the recorder shall be 5000 per annum. payable monthly as in the case of other city officials.
 Sec. Il. Be it further ordained by the City Council of Birmingham that the first term of office of recorder shall be 17 months, to-wit, from May 1, 1909, to October l. 1910, and until his successor has been duly elected and qualified; he entering upon the actual duties of his office and becoming entitled to his salary from and after the first day of May, 1909
 The successor of the recorder shall be elected at the first meeting of the City Council of Birmingham in Octo- Der, 1910, or as soon thereafter as prac- ticable, and every two years there after, and the term of office after the first term of IT months shall be two years and until a successor is elected and qualified
 Sec. 12. Be it further ordained by the City Council of Birmingham that in the event of a vacancy in the office of re- corder by reason of his death. resigna- tion or removal from office his success sor shall be elected at the next regular meeting of the City Council of Bir- mingham, or as soon therafter as prac- ticable
 Sec 13 Be it further ordained by the City Council of Birmingham that the recorder of said city shall be learned in the law, and shall have resided in the corporate limits of the city of Bir- mingham for two years next before his election, and shall be at least 25 years of age.
 Sec. 14. Be 1t further ordained by the City Council of Birmingham that the recorder shall appoitn a clerk of his court, who shall give bond in the sum of $2000, payable to the Mayor and City Council of Birmingham, conditioned to faithfully perform all the duties re- Quired of him by law and to fairly and truly account for and pay over to the person or corporation entitled thereto all money which may come to his pos session by virtue of his office. He sahll pay over daily all fines and forfeitures adjudged against any person by said court, to the treasurer of the city of Birmingham, and failing and refusing to pay over any sum which in the judgment of the judge of the said police court should have been paid over, he shall be forthwith removed from of flee and a successor appointed. The bond of the clerk shal lbe executed by two good and sufficient sureties. or by any guaranty and indemnity company authorized b ylaw to make official bonds in this state. Said clerk shall have power to administer oaths and take affidavts in all cases in which oaths an daffdavits are required by law To issue warrants summons for witnesses re-facas on forfeited bonds for defendant or witnesses and any or all other papers or processes necessary for a speedy conduct of the business of such court. Said clerk shall receive an annual salary of $1200, payable in monthly installments of $100 out of the treasury of the city of Bir- mingham, and shall not receive any fees whatever.
 Sec 15 Be it further ordained by the City Council of Birmingham that there shall be taxed against every defendant convicted in said police court the same fees now allowed to justices of the far fec 1ir1pr " a mt q n Q