The Birmingham age-herald., 1915-10-23

county ana munfclpal nealtn O1flcerS, 10 enforce such rules. Once every month may announce publicly all places inspect ed during the previous month which have been found in good sanitary condition.
 Approved September % 1slo
 official:
 JOHN PURIFOY,
 Secretary of State.
 AN ACT
 No. 4sS) GIL s75. Brindley) To protect women and children from de-
 sertion and non-support by husband
 and parents; making it misdemeanor
 for husband to desert or neglect to
 provide for the support of his wife. or
 for parent to desert or to neglect to
 provide for the support of his or her
 child, or children. under the age of 16
 years; prescribing the penalty therefor,
 and making provision for the appre-
 hension and punishment of persons
 convicted of non-supportl or desertion;
 and providing for the taking of
 recognizances; and for the forfeit
 ure and enforcement of said recogni-
 zances: also providing for the appoint
 ment of probation officers and pre-
 scribing their duties and powers; and
 making chiefs of police and sheriffs and
 other peace officers, probation officers,
 in certain contingencies, and designat-
 ing the courts which shall have juris-
 diction of such matters.
 Section l. Be it enacted by the legisla- ture of Alabama, that any husband who shall without just cause desert or will fully neglect or refuse to provide for the support and maintenance of his wife; or any parent who shall, without lawful ex- cuse desert or wilfully neglect or refuse to provide for the support and mainte- rance of his or her child, or children. under the age of IS years, she or they being then and there in destitute or necesstous circumstances, shall be guilty of a misdemeanor, and, on conviction thereof, shall be punished by a fine of not exceeding S100, or in the case of a husband, or father. be sentenced to a term at hard labor for the county for a period of not more than F months, or both. When any such person Is so sen- fenced to hard labor for the county, the county from which said person is so sen- fenced shall out of the general funds of said county pay 50 cents for each day said prisoner is so confined, to proba- ton officer designated by the court, to be by him expended, under the direction of the judge, for the maintenance of his dependent wife or children, one, or both, as the case may be, of which expendi- ture such officer shall make monthly reports to said judge; and 1t shall be the duty of the county commissioners, or board of revenue of such county, to make the allowance herein provided for every two weeks and to issue a warrant for same on county treasurer, who shall pay same to said probation officer And should fine be imposed 1t shall be di- rected by the court to be paid, in whole. or in part, to such probation officer. to bc by him used as above stated, or to the.wife or the guardian, or custodian of such child, or children. Persons sen- fenced to hard labor for the county un- der the provisions of this act shall, when released therefrom, be placed on proba- ton upon the terms and conditions, and. in the manner hereinafter prescribed for the probation or original offenders, not so sentenced.
 Sec 2. Proceedings under this act may be instituted upon complaint made un- der oath or affirmation by the wife or child supported by other evidence, or by any officer mentioned in section @ of this act, upon information received. or by any other person having knowledge of the facts, against any person accused of either of the above named offenses. It shall be the duty of any officer men toned in section @ of this act when, in his opinion, a person in his Jurisdic- tion, Is guilty of desertion. or of a failure, to support his family to bring such person before the court charged
 
 wife or children The probate courts of the several counties of the state shall have and exercise exclusive and original Jurisdiction in all cases arising under this act except in such counties in which by special act of the legislature. juvenile courts have been created and established, in which last described counties, such juvenile courts shall have exclusive and original Jurisdiction of all cases arising under this act; and as to such cases, such juvenile and probate courts shall have and exercise all the powers and au- thority now possessed, or which may hereafter be conferred, upon county courts; and the institution and trial of such cases shall except as herein other wise provided, be had and conducted as other misdemeanor cases are begun and tried in such county courts. In the trial of such cases such juvenile or probate court shall determine both the law and the facts, without the intervention of a jury, and shall award such judgment, under the terms of this act, as shall seem just. The defendant, if convicted, shall have the right to appeal to the next en- suing term of the circuit court of the county where he may have trial by jury pending such appeal. upon his en- tering into bond, with sufficient sureties, in such sum as the court may require, conditioned that he will appear at such circuit court, until discharged by due course of law, he shall be released from custody If the defendant fails to make the required bond. he shall be confined in the county jail till tried. Upon the taking of such appeal, the clerk of the said court shall at once certify to the clerk of the circuit court of said county, all papers in the cause affecting the per son 50 appealed, together with tram script of all proceedings had in said court, in said matter. The clerk of the said circuit court of said county shall set all cases, appealed frohi this court as preferred cases in said circuit court to the end that said cases may have a speedy hearing in said circuit court Upon said appeal said circuit court shall try said case de novo, and shall proceed under and in pursuance of the terms of this act to render such judgmentfas said juvenile or probate court should have rendered. Upon the rendition of said Judgment, said circuit court shall cause to be filed with said juvenile or probate court a copy of its said judgment, which shall thereupon become the judgment of said juvenile court, or probate court And in the event said circuit court does not discharge said defendant. said cir cult court shall remand said defendant to the jurisdiction of said juvenile or terms of said judgment in all respects as if said judgment had been rendered by said juvenile or probate court in the first instance.
 Sec. 3. At ane time before the trial, or pending an appeal. upon motion of the complainant and upon notice to the defendant, the judge of said court may enter such temporary orders as may seem just, providing for the support of the