The Birmingham age-herald., 1910-08-18

tent as If said costs had been incurred in
 case for violation of state law | Sec. g. Be it 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 misds-
 meanors committed within the city or town or within the police Jurisdiction | thereof but no fine or judgment or | acquittal 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 a felony
 under the laws of the state of Alabama | When a person has been tried and con- victed of any offense which is a misde-
 meanor under the state law, by a munich
 pal officer empowered by law to try such
 vided by law.
 | Sec 10. Be it further ordained by the
 city of Birmingham that the limits of the | fine shall be the same the limits in1- | posed by the state for the same of- | fense, and whenever the state law pre- l scrtbes for such an offeHse one or mora | of said punishments conjunctively the
 punishment by the municipality shall be as prescribed by law. When any person has been tried by any municipal court for misdemeanor or for a violation of an ordinance committed within the police jur-
 sdiction of the municipality, the judg-
 ment shall bar a prosecution for the same. or substantially the same, offense in the municipal court
 Sec. H. Be it further ordained by the | City Council of Birmingham that iR all | cases where persons are brought before the recorder, if on investigation of the | charge there Is reasonable cause to be- | lieve that felony has been committed and the defendant is guilty thereof such | officer only has authority to bind such | defendant over to appear before the crim- | nal 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. 12 Be it further ordained by the | City Council of Birmingham that the re- corder shall have power to administer paths. to compel the attendance of wit
 nesses and to compel the production Of papers and books and shall have power of punish by fine not exceeding $l0 and inn prisonment in the city jail not exceeding A hours any person in contempt of court.
 Such recorder shall have power co-exten-
 sive with county courts In such Jurisdic- tion to issue writs and other process and to approve and declare bonds forfeited Sec. 19 Be it further ordained by the City Council of Birmingham that tho Mayor shall have power to remit fines
 
 recorder, and he shall report his action to the council at the next regular ses- sion, with his reasons therefor in writ ing.
 Sec. A. Be 1t further ordained by the City Council of Birmingham tTfat the re- corder shall appoint clerk of his court,
 who shall give bond in the sum of 5000, | payable to the Mayor and City Council | of Birmingham, conditioned to faithfully n nf i'm, | by law and to fairly and truly account for and pay over to the person or cor poration entitled the.eto all money which
 may come to his possession by virtGe of his office. He sLall pay over daily all fines and foTffeitures adjudged against any person by said court to the treasurer of the city of Birmingham, and failing and refusing to pay over any sum which in the Judgment of the judge of said poe lice court should have been paid oser he shall forthwith be removed from office and successor appointed. The bond of the clerk shall be executed by two good and sufficient surities, or by any guar anty and indemnity company authorized by law to make official bonds in this state. Said clerk shall have power to ad- minister oaths and take affdavits in all cases in which paths and affidavits ars required by law. To issue warrants
 summons for witnesses, scire-facias on forfeited bonds for defendant or witnesses and any or all payers or processes neces- sary for speedy conduct of the business of such court. Said clerk shall receive an annual salary of s12oo, payable in monthly
 nstallments of $100 out of the treasury of the city of Birmingham. and shall not
 receive any fees whatever.
 Sec 15. Be 1t further ordained by the
 City Council of Birmingham that there
 shall be taxed against every defendant
 ytAta tw&
 fees now allowed to justices of the peace
 for issuing warrants. and the same fees
 for making affidavits. issuing executions and returning warrant, and issuing sery-
 ing and returning summons for wit
 nesses, taking and approving bonds Is-
 suing, serving and returning citations
 or soire facias and other process as all
 lowed by law In the criminal court of
 Jefferson county In addition to the
 above fees a judgment of 50 cents and
 said fees when collected, together with
 all fines and forfeitures, shall be paid
 Into the treasury of the city of Birming- ham.
 Sec IS. Be 1t further ordained by the City Council of Birmingham that 1t shall
 be the duty of the chief of police to number each case as the arrest is made. and hand list of the even numbers
 with the slip and bond and the names
 of all the witnesses to the clerk of the
 recorders court, and the odd numbers
 to the clerk of the additional recorders court by o'clock a. m. of each day
 to be docketed for trial In said record
 ers' courts, that when several arrests are made. growing out of one act. then
 all of said cases shall be set before the
 same recorder.
 Sec. 1T. Be 1t 4 further ordained by tho
 City Council of Birmingham that noth.
 ing in this ordinance shall be construed
 asy to intefere with the Jurisdiction of
 recorder of police precinct No 2, Ems
 ley, composed of Wards If and Is of the
 city of Birmingham.
 DOCTORS WILL HAVE