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

the County; provided. that any person
charged with the commission of q mis-
demeanor may be tried in said. 'county
Court of Shelby County" upon inf0rma-
ton, and the proceedings In such case
shall be the same as now provided by
law for trials upon information In
the County Courts under the general
laws of this state except that no APP
peal shall lie In such case 70 the Cir
cult Court. ~
Sec. H.. That all criminal causes, now
or hereafter pending In the Circuit
Court of Shelby County, may on the
agreement OF the defendant Or his coun-
sci, and the solicitor Of the Circuit
Court be transferred to this Court for
trial; and that all civil causes. now
or hereafter pending in the Circuit or
Chancery Courts OF Shelby County,
may, ON agreement Of all parties. or
their attorneys, be transferred to this
court for trial. Such agreement must
be in writing and fled with the clerk
or register Of the Circuit or Chancery
Court. whereupon such officers shall
certify and transfer such papers to
the docket OF this Court. and file there
In all the original papers, together with
certified J. copies Of all docket and
minute entries in said causes. and
thereupon this Court shall acquire ex-
elusive jurisdiction of such causes so
moval OF said causes to this Court from
the Circuit Court or Chancery Court
Jury shall be considered waived unless
Jury 10 demanded at the. time OF
agreement or transfer. Of such causes
by some one of the parties or the at
torneys to the cause. rs
Sec. H. That this Court herein es-
tablished shall have exclusive juris-
diction Of all appeals from inferior
Courts OF the County OF Shelby OF cases
where appeals may under the law now
or hereafter existing be taken from
the inferior courts to the Circuit Court
OF said County. and Justice OF the
peace Of said County shall bind any
person over for his appearance to
answer any Indictment for any charge
to be preferred by the grand jury of
said county court or in any other case
In which Justices Of the peace. or other
officers may by law bind any person
to appear and answer any charge in
the Circuit Court. and all officers auth
orized to issue warrants of arrest in
Shelby County shall make said war;
herein established. except warrants
issued on such indictments In the Cir
cult Court. and warrants issued return
able before the officer issuing same.
Sec. IA. That all garnisnments issued
from said court shall require an answer
thereto within thirty days after the
service thereof. and upon a failure OF
any garnishee to make answer within
thirty days he shall be deemed in de-
fault and Judgment nisi may be
rendered against him upon motion Of
the plaintiff IL the plaintiff Is other
wise entitled to such judgment nisi.
and unless otherwise ordered by the
court. all citatious rules, writs of scirs
facias notices issuing from said Court
shall require the party against whom
they are issued to appear and plead
within thirty days after the service
thereof. IL the citations or notices are
given by publications within thirty
days after the perfection OF service by
publication and all cases whether COM
menced by summons and complaint. at
tachment or otherwise shall be deemed
and taken to. be at issue and trtable
upon the appearance Of the defendant
pear within thirty days after the per-
fection OF service upon him. at the end
Of such thirty days.
Sec Is. That all cases brought by
appeal or certiorari from the justices OF
the peace or other inferior courts to
said County Court of Shelby County"
shall stand for trial when reached, on
the regular call OF the docket at any
time after thirty days notice of the
taking OF such appeal shall have been
given to the adverse party, as required
by law. f.@
Sec. ie. That all original and nesne
process notices, citation and writs Of
scire facias shall be executed instanter.
and unless otherwise provided by law
shall tbe returnabfe Immediately upon
the executions thereof by the officer: ex-
ecuting the same, and all executions.
writs sciri facias, writs of venditoni
exponas, issuing from said Court shall
be made returnable ninety days after
the issuance. thereof.
Sec. II. That in the trial Of any
cause at law without jury in the said
County Court Of Shelby County" In
addition to the question which may be
under existing laws presented to the
Supreme Court for review, either party
may by a bill of exceptions also pre-
sent for review the conclusions and
judgment of the Court on the evidence.
ana the Supreme Court shall review the
same without any presumption In favor
of the Court below on the evidence,
and IL there be error shall render such
judgment in the cause as the Court
below should have rendered. or reverse
and remand the same, for further pro-
ceedings as the Supreme Court shall
deem right
Sec ls. That appeals or certlorari
may be taken to said court herein es.
tees Of the peace or other inferior
courts in the County of Shelby in all
civil cases in which appeals >or writsl
of certiorari may by law be taken from
such judgments to the Circuit Court of
said County, and In the same manner.
Sec. 10. That the Supreme Court of
this State shall have appellate and
supervisory jurisdiction over said
court and the Judge thereof, which may
be exercised in the same manner and in
may be exercised over the Circuit
peals may be taken from the judg- d
to the Supreme Court in the same man
same cases as appeals are taken from
Circuit Courts to the Supreme Court
Sec 20. That after ten days from
the rendition of any judgment, unless
the clerk of said court shall issue ex-
vided. Provided, however, that nothing
son from having execution issued,
affidavit as now provided by law, in
judgments OF the Circuit Court, and
contained shall prevent the superseding
of execution after the issue thereof, up-
on fling as now required by law.
Sec. 81 That all laws of general
nature now in force or that may here
az he agv f,1r o.