The Birmingham age-herald., 1909-08-30

&uuIl OI onGiDY &OuHlA uIlOA liAbtiild- tion, 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 ap- peal shall lie in such case to the Circuit Court.
 Sec. 12 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- sell 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 filed 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 copies of all docket and minutes entries in said causes. and thereupou this Court shall acquire ex- elusive jurisdiction of such causes so transferred Provided. that on the re- moval of said causes to this Court from the Circuit Court or Chancery Court a jury shall be considered waived unless a jury is demanded at the time of agree ment or transfer of such causes by some one of the parties or the attorneys to the case.
 Sec 13. That this Court herein es- tablished shall have exclusive iuris- diction of all appeals from inferior Courts of the County of Shelby of cases where appeals may under the law now 1p axfEffnpr bh 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 author ized to issue warrants of arrest in Shelby County shall make said warrants issued returnable into the Court herein established. except warrants issued on such indictments in the Circuit Court. and warrants issued returnable before the of ficer issuing same.
 Sec. II That all garnishments issued from said court shall require an answer thereto within 90 days after the ser vice thereof and upon a failure of any garnishee to make answer within 30 days he shall be deemed in de- fault and a judgment ns may be rendered against him upon motion of the plaintiff if the plaintiff is other wise entitled to such judgment nisi, and unless otherwise ordered by the court all citations rules. writs of scire 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, if 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 triable upon the appearance of the defendant and his pleadings or if he does not appear within thirty days after the perfection of service upon him, at the end of such thirty days.
 Sec. 15 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.
 Sec. 16 That all original and mesne process notices citations and writs of scire facias shall he executed instanter. and unless otherwise provided by law shall be returnable immediately upon the execution thereof by the officer execut- ing 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. r. 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, and the Supreme Court shall review the same without any presumption in favor of the Court below on the evidence, and if 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. IS. That appeals or certiorari may be taken to said court herein estab- lished from the judgments of justices of the peace or other inferior courts in the County of Shelby in all civil cases in which appeals or writs of certiorari may by law be taken from such judgments to the Circuit Court of said County. and in the same manner.
 Sec 19. 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 the same cases as such jurisdictions may be exercised over the Circuit Court or the judges thereof {; and appeals may be taken from the judg- ments, orders and decrees of said Court to the Supreme Court in the same man ner. within the same time, and in the same cases as appeals are taken from | judgments orders or decrees of the Cir
 cult Courts to the Supreme Court. l Sec. 9. That after ten days from the
 rendition of any judgment unless other
 wise directed in said judgment the clerk | of said court shall issue execution, re- turnable as hereinbefore provided Pro
 vided however, that nothing herein con tained shall prevent any person from ] having execution issued, within said ten
 days. upon making affidavit as now pro | vided by law, in relation to the issue of
 execution upon judgments of the Circuit l Court and provided further, that nothing i herein contained shall prevent the super
 seding of execution after the issue there
 of. upon filing as now required by law.
 Sec. 2. That all laws of general na-
 ture now fin force or that may hereafter
 be enacted giving jurisdiction to the Cir
 cult and Chancery Courts, shall be held ! to extend and apply to said Comfy Court