The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1910-01-07

the offender or person thus in default TO
| work out the fine and costs under the
direction OF the city authorities, allowing
not exceeding one dollar for each day
service: provided, that no fine shall eX-
coed one hundred dollars, and no sen
tence to imprisonment or hard labor shall
exceed six months, and that no female
shall be required to work on the streets
of the city, but the council may provide
by ordinance for the hiring out, within
the county. any male or female convicted
of a violation of any city ordinance. FOR
the payment OF fine and costs. or during
the time the prisoner was sentenced TO
hard labor or Imprisonment. All con-
tracts of hiring shall be approved by the
mayor and recorded in the office of the
judge of probate of the county
Sec. 4. Be it further ordained by the
City Council of Birmingham that after
the prisoner has worked out the said
fine and costs due the city, or served
the sentence of the court, he shall, unless
said costs paid. be delivered to the
sheriff of the county to work out the
costs incurred 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 incurred In case for violation OF
state law.
Sec. 5. Be II 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 misde-
meanors committed within said Police
District No. 5, or within the police juris-
diction thereof, but no fine Or judgment
of acouital or conviction rendered by
said recorder shall be bar 10 a prose
cution by the state in any case where
the facts or offense charged constitute
felony under the laws Of the state of
Alabama. When a person has been tried
and convicted of any offense which is
misdemeanor under the state laws by u
municipal officer empowered by law to
try such offenses, he shall be punished
as provided by law.
Sec 6 Be IL 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
prescribed for such an offense one or
more of said punishments conjunctively
the punishment by the municipality
shall be as prescribed by law. When any
nerson has been tried by any municipal
court for a misdemeanor or for viola
ton OF an ordinance committed within
the police jurisdiction of the municipality,
the Judgment shall bar prosecution for
the same, or substantially the same, Of
Tense In the state courts and when
person has been tried for misdemeanor
in the state courts the Judgment shall
bar a prosecution for the same, or sub
stantielly the same, offense in the mu-
nicipal court.
Sec 7. Be 1t further ordained by the
City Council of Birmingham that in all
cases where persons are brought before
the recorder, II on Investigations of the
~, = ta q q
lieve that a felony has been committed
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. 8. Be it further ordained by the
City Council of Birmingham that the
recorder shall have power to administer
oaths, to compel the attendance of wit
nesses and to compel the production OF
papers and books, and shall have power
to punish by fine not exceeding $40 ami
Imprisonment in the city Jail not ex-
ceeding "a hours any person In contempt
of court Such recorder shall have power
to co-extensive with county courts In
such jurisdiction to issue writs and other
process, and TO approve and declare
bonds forfeited.
Sec. 9. Be it further ordained by the
City Council of Birmingham that the
mayor shall have power to remit lines
and commute sentence Imposed by the
recorder and he shall report his action
to the council at the next regular ses-
sion. with his reasons therefor in writ
ing.
Sec. 10. Be 1t further ordained by the
City Council OF Birmingham that the
salary of the recorder shall be $1,000 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 of Police
District No shall be nine months to-
wit from January l. 1910, TO september
30 Gnclusive), 1910, and until his successor
has been duly elected and qualified, he
entering upon the actual duties OF MS
office and becoming entitled to his salary
from and after the first day of jan
uary, 1910.
The successor of the recorder shall be
elected at the first meeting of the City
Council of Birmingham in October. 1910.
or as soon thereafter as practlcaple, ana
every two years thereafter. and the term
of office after the first term of nine
months shall be two years and until
successor is elected and qualified.
CITY Council of Birmingham that In the
event of a vacancy in the Office of re-
corder by reason of his death. resigna-
ton or removal from office his successor
shall be elected at the next regular meet
ing of the City Council of Birmingham,
or as soon thereafter as practicable.
Sec 49, Be 1t further ordained by the
City Council of Birmingham. that there
shall be taxed against every defendant
convicted in said recorders court the
same fees now allowed to Justices OF the
peace for issuing warrants, and the same
fees for making affidavits issuing exc
cutions and returning warrants. and is
suing. serving and returning summons
for witnesses, taking and approving
bonds, issuing, serving and returning CT
tations or scire-facias and other process
as allowed by law in the criminal court
Of Jefferson county. In addition to the
above fees a judgment of 90 cents and
said fees when collected, together with
all fines and forfeitures, shall be paid
into the treasury Of the city Of Birm1ng-
ham.
Adopted January s, 1870
II. e. SHROPSHIRE, JR., City Clerk.
Approved January 8, 1910.
FRANK P. OBRIEN, Mayor
Aee-Herald, January T. 1910.