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


payment of fine and costs. or during the
time the prisoner was sentenced to hard
labor Or Imprisonment. All contracts OF
hiring shall be approved by the mayor
and recorded in the office of the judge OF
probate of the county.
Sec 4. Be 1t 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 are paid. be delivered to tho
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 a case for violation OF
state law.
Sec 3. Be it further ordained by the
city Council of Birmingham that the
recorder shall have original and con-
current Jurisdiction with the county
court or court of like jurisdiction of all
misdemeanor committed within said Po-
lice District No. 2 within the police juris-
diction thereof, but no fine or judgment
of acduital or conviction rendered by said
recorder shall be a bar to a prosecution
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 con-
victed of any offense which is a INSIDE
meanor under the state laws, by mu-
nicipal officer empowered by law to try
such offenses. he shall be punished as
provided by law.
Sec. 8. Be 1t further ordained by the
City Council of Birmingham that the
limits of the fine shall be the same A.
80 g. M
same offense, and whenever the state
law prescribes for such an offense one or
more of said punishments conjunctively.
the punishment by the municipality shall
be as prescribed by law. When any per-
son has been tried by any municipal
court for a misdemeanor or for a vto-
lation OF an ordinance committed within
the police jurisdiction Of the municipality,
the judgment shall bar a prosecution for
the same, or substantially the same, Of
Tense in the state courts and when a
person has been tried for a misdemeanor
in the state courts the Judgment shah
bar a prosecution for the same, or sub
stantially the same, offense In the NUM-
cpal court
Sec. I. Be 1t further ordained by the
City Council of Birmingham that in all
cases where persons are brought before
the recorder If on investigation of the
II
lieve that 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, 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 1t further ordained by the
v,erI,n +ho+ tIA
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 and
Imprisonment in the city Jail not exceed
ing "a hours any person in contempt OF
court. Such recorder shall have power
co-extensive with county courts in such
Jurisdiction to issue writs and other pro-
cess, and to approve and declare bonds
forfeited
Sec. g. Be it further ordained by the
City Council of Birmingham that the
may or shall have power to remit fines
and commute sentences imposed by the
recorder, and he shall report his action
to the council at the next regular session,
with his reasons therefor In writing.
Sec. 10. Be 1t further ordained by the
City Council of Birmingham, that the
annum, payable monthly, as in the case
of other city officials.
Sec. H. Be 1t further ordained by the
City Council of Birmingham that the first
term of office of recorder of Police Dis
trict No. shall be nine months, to-wit,
from January l. 1910, to September 30, 1910
dnclusive). and until his successor has
been duly elected and qualified, he en-
tering upon the actual duties of his office
IL TO oI,,-
and after the first day Of January. 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 practicable, and
every two years thereafter. and the term
of office after the first term of nine
months shall be two years and until a
successor is elected and qualified
Sec u. Be it further ordained by the
City Council of Birmingham that in the
event of a vacancy in the Office of re-
corder by reason of his death. resignation
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 13 Be 1t further ordained by tho
City Council of Birmingham that there
shall be taxed against every defendant
convicted in said recorders court tho
same fees now allowed to justices of the
peace for issuing warrants, and the same
fees for making affidavits, issuing execu-
lions and returning warrants, and fssu-
ing, serving and returning summons for
witnesses, taking and approving bonds,
issuing serving and returning citations
or scire-facias and other process as al
lowed by law in the criminal court OF
Jefferson county. In addition to the
above fees a Judgment of 80 cents and
tAA ny
all fines and forfeitures, shall be paid
into the treasury of the city of Birming-
ham.
Adopted January 5, 1910.
II. e. SHROPSHIRE. JR., City Clerk.
Approved January g. 1910.
FRANK P. OBRIEN, Mayor.
Age-Herald, January Z. 1910.