The Montgomery advertiser., 1909-09-16

nish ali such other subordinate ofh- cers as may be- necessary to expedite the business of said court, the same as he 10 now required to do under the laws governing him as an oficer of the circuit and chancery courts of the state. Said sheriff and his legally ap- pointed deputies shall have all the powers, and shail perform all the du- ties, and do all the things during term time of said court that sherifs and their deputies in ths state may do in term time or vacation.
 Sec. ie. That all records. books, papers. ana fies relating to or per- tsininE to the Northern Division of said court may be kept by the clerk, register and shefiR of said court in the City of Demopolis in some proper and secure place or at the court house at Linden; and all records. books. pa- pers and n1es relating or pertaining to the Southern Division ot said court
 shall be kept in the court house at Linden. ~
 Sec. IT, That whenever. for any cause whatsoever a grand or petit jury shall be quashed in the Maren- 70 Law and Equity Court, or have failed to be drawn and summoned, or. if drawn and summoned. shall fail to attend, the court may forthwith or der the sheriff to summon from the qualified residents of the county tu- ry or juries to serve at any time which may be specified or ordered by the court; and such jury 90 summoned and .impanelied shall be competent and valid to try all cases pending in eatd court, and to perform all jury duties. as if said juries had been regularly drawn and summoned for said court Sec. IS. That sales of real estate made under process issuing out or said Marengo 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 shaii be made in front of the court house door in Linden. and all sales un- der process issued out of the said Northern Division of said court shall be made in front of the postofice door in the City of DemopoIis. The same notices of sale must be given as In like cases in the circuit and chancery courts of this State. 5Lees Sec. is. That. except as otherwise provided herein, when person mas been Indicted in said Marengo Law and Equity Court, the circuit court shall not entertain 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 Jurisdiction of such case, except upon the transfer there of into said court as herein provided for; 1t shall be the duty of the solicit or of the said Marengo Law and Equi- ty Court to notify the circuit solicit or of all indictments and prosecutions commenced or pending in said Maren- go Law and Equity Court
 Sec. 2o. That any person charged with the commission of a misdemean- ar may be tried by the Marengo Law and Equity Court upon information, and the proceedings in such cases shall be the same as now provided by law for trials upon information 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 snd affidavits. and issue warrants of arrest, the same in all respects as the judge of- said court may do. and as the judges of the county courts are authorized to do. and all such warrants of arrest shall be made returnables into and, be- fore the Marengo, Law and Equity Court And 1t Is hereby made the duty, of the clerk of said court and his dep- utiess when applied to, to issue Q war rant of arrest as herein provided for. and before issuing the same to consult the solicitor of said court. or his as- sistant. if either of them be present or accessible. in order to ascertain if the facts deposed to justify the issu- knce of the warrant of arrest. Ap- peals may be taken from convictions tn said court under this section, direct I iy to the Suprerae Court in the same ways ,azd lnrthevosaBlR cases as such fpp euts Rrsytakens ,therete from tudg- .A~AA AA nlR court ,of, sMarengos County. Any per- son prosecuted under this section may. if he desires a trial by jury, demand the same in writing. filed with the clerk of said court. on his first ap- pearance 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 suretieB, in such sum as the said judge shall fix. conditioned for his ap- pearance at the next term of said court at which jury win De impan- elied, 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 prosecu- tions under this section. The fail- ure of the defendant to demand a jury trial on his first appearance before the judge of said court as herein provid- ed, shall be deemed ana held to be a waiver of the right of "a trial by jury. -o'- '@r,' .'i@~
 Sec. 2i.al The fees of ohicers of the Marengo 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. allowed 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 herein after 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 taexd as costs, nor shall they be recoverable against any party And such officers andJ witnesses, shall be subject to the same penalties and liabilities as when acting and at tending under authority of the circuit and chancery courts of this State. The fees of bailiffs In said court, as well as all fees in criminal eases in said court, due the clerk, sheriff and State witnesses which become fine and for feIture claims under the general law of the State, shall be registered against the Marengo Law and Equity Court Fine and Forfeiture Fun. within the time and in the mannor now pre- scribed for the registering of claims against the fne and forfeiture fund In
 the circuit court of Marengo County
 and shall be paid for only out Vf the Marengo Law and Equity Court fine and forfeiture fund according to the