The Birmingham age-herald., 1909-09-16

ty, required to attend said Marengo Law and Equity Court, preserve order and to execute his processes, and per form such other duties, in all re- spectS as in the circuit and chaneery courts of this State; and he shall fur nish all such other subordinate officers as may be necessary to expedite the busi- ness of said court, the same as he is now required to do under the laws governing him as an officer of the circuit and chan cery courts of the State. Said sheriff and his legally appointed deputies shall have all the powers, and shall perform all the duties, and do all the things during term time of said court that sheriffs and their deputies in this State may do In term time or vacation
 Sec Is. That all records, books, papers, and files relating to or pertaining to the Northern Division of said court may be kept by the clerk register and sheriff of said court i'll the City of Demopolis in some proper and secure place or at the courthouse at Linden; and all records, books, papers and files relating or per- taining to the Southern Division of said court shall be kept in the courthouse at Linden.
 Sec. r. That whenever, for any cause whatsoever, a grand or petit jury shall be quashed in the Marengo Law and Equity Court, or have failed to be drawn and summoned, or, if drawn and sum moned, shall fail to attend, the court may forthwith order the sheriff to summon from the qualified residents of the county jury or juries to serve at any time which may be specified or ordered by the court; and such jury so summoned and impanelled shall be competent and valid to try all cases pending in said court, and to perform all jury duties, as if said 5uries had been regularly drawn and sum- moped for said court.
 Sec. IS. That sales of real estate made under process issuing out of said Ma rengo Law and Equity Court may be made on any day of the week or month, except Sunday; provided that all sales under process Issued out of the Southern Division of said court shall be made in front of the courthouse door In Linden, and all sales under process issued out of the said Northern Division of said court shall be made in front of the postoffice door in the City of Demopolis The same notices of sale must be given as In like cases in the circuit and chancery courts of this State.
 Sec. 19. That, except as otherwise pro- yided herein, when a person has been in- dicted in said Marengo Law and Equity Court, the circuit court shall not enter tain jurisdiction of said case, and when such indictment has been found in the circuit court the said Marengo Law and Equity Court shall not entertain jurisdic- ton of such case, except upon the trans fer thereof into said court as herein pro- vided for; it shall be the duty of the so- licitor of the said Marengo Law and Equity Court to notify the circuit solicitor of all indictments and prosecutions com- menced or pending in said Marengo Law and Equity Court.
 Sec 20. That any person charged with the commission of misdemeanor may be tried by the Marengo Law and Equity Court upon information. and the proceed ings in such cases shall be the same as now provided by law for trials upon in- formation in the county courts under the general laws of the State; provided that the clerk of said court, and his deputies, shall have, and they are hereby given. the right, power and authority to take and receive complaints and affidavits, and is- sue warrants of arrest, the same in all re- spects as the judge of said court may do, and as the judges of the county courts are authorized to do, and all such war rants of arrest shall be made returnable into and before the Marengo Law and Equity Court. And 1t is hereby made the duty of the clerk of said court and hrs deputies, when applied to, to issue war rant of arrest as herein provided for, and before Issuing the same to consult the solicitor of said court, Or his assistant, if either of them be present or accessible, in order to ascertain if the facts deposed to justify the issuance of the warrant of arrest. Appeals may be taken from con- yictions in said court under this section directly to the Supreme Court in the same way and in the same cases as such ap- peals are taken thereto from judgments of conviction in the circuit court of Ma iengo County. Any person prosecuted under this section may, if he desires trial by jury. demand the same in writ liz, filed with the clerk of said court on his first appearance before the judge of said court, and 1t shall then be the duty of said judge to require him to enter into bond with good and sufficient sureties, fin such sum as the said judge shall fix, conditioned for his appearance at the next term of said court at which jury will be impaneled, unless he elect in the meantime to perform hard labor for the county as provided by law. It shall be the duty Of the solicitor of said court to represent the State in all prosecutions un- der this section. The failure of the de- fendant to demand jury trial on his first appearance before the judge of said court as herein provided shall be deemed and held to be a waiver of the right of trial by jury.
 Sec 21. The fees of officers of the Ma rengo Law and Equity Court for services rendered (except the salaries of the judge and solicitor) and the compensation of jurors and witnesses therein, shall be the same as are now, or hereafter may be. for like services in circuit and chancery courts of Marengo County, and shall be paid out of the Marengo Law and Equity Court fine and forfeiture fund hereinafter provided for; provided, that all witnesses attending said court must prove their attendance within five days after the trial of the cause in which they were subpoenaed or called to testify; otherwise their fees shall not be taxed as costs, nor shall they be recoverable against any party. And such officers and witnesses shall be subject to the same penalties and liabilities as when act ing and attending under authority of the circuit and chancery courts of this State. The fees of bailifYs in said court as well as all fees in criminal cases in said court, due the clerk sheriff and State witnesses which become fine and forfeiture claims under the general law of the State, shall be registered against the Marengo Law and Equity Court Fine and Forfeiture Fund within the time and in the manner now prescribed for the registering of claims against the fine and forfeiture fund In the circuit court of Marengo County, and shall be paid for only out of the Ma rengo Law and Equity Court fine and forfeiture fund according to the order in which the same shall have been regis tered. And the expenses of said Marengo Law and Equity Court shall be paid out of the said Marengo Law and Equity Court Fine and Forfeiture Fund in the