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

AN ACT
 No. 724) tS. 52o. Leo. To regulate inferior courts in cities hav@ ing more than 5000 population accord-
 ing to the last or any subsequent fed eral census, to prescribe the jurisdo.
 ton of such courts, and provide for the number and compensation of the judges for such courts and to provide for the | appointment and compensation of the clerks and assistant clerks thereof, and to abolish the office of justice of the | peace in such cities.
 Be 1t enacted by the legislature of Ala bama, as follows:
 Section 1. That in all cities of the state 1 of Alabama now having, according to the last or any subsequent federal census, a population of 5000 inhabitants or more, | the offices of the justice of the peace of precincts lying within or partly within such cities, is hereby abolished and the jurisdiction exercised by such Justices of | the peace is hereby conferred upon the inferior courts or courts Of common pleas created in lieu of the justice of, the peace. which courts have heretofore been estab- lished in such cities whether with or with out jury trial, and whether court of record or not.
 Sec. ?. That such inferior courts or courts of common pleas. shall have juris- diction in all civil matters. of which the justices of the peace have jurisdiction
 
 or partly within the limits of said city. wherein such court is established and Jurisdiction concurrent with the circuit
 court of all misdemeanors. but shall try all persons charged with misdemeanors without jury and shall not be q court of record; provided. however that in cities of 100000 population or more, ac- oordng to the last or any subsequent federal census such courts shall not have Jurisdiction of the violations of any pro- hibition laws.
 Sec 3. The judges of such inferior courts, or courts of common pleas, by whatsoever name such courts are named or called. shall where there is more than
 one such judge in such said city, be paid an annual salary of s2400 and where there is only one judge in any such city l shall be paid an annual salary of $3000 in monthly installments out of the county
 treasury, on warrants to be drawn by such judge provided, that in all cities where there are three judges or more, | the judge of said court oldest in the | service shall receive an annual salary of $5O00 payable in monthly instalments, out of the county treasury in the same manner as the salaries of other judges of said courts are paid.
 I Sec. 4. Each judge of such court may appoint clerk for his division of court
 who shall hold office at the will of the judge appointing him, and who shall ex- ercise and perform all the duties and powers conferred and required by law of clerks of such courts and who shall give bond in the sum of 5000 conditioned and
 payable as the bond of clerks of the cir cult court which bond shall be recorded in the office of the judge of probate, and who shall receive a salary of $500 per annum, payable in monthly install- ments out of the county treasury, by warrant drawn upon the certificate of the ! t,.lq hat Il. .t. t.... duties of the office for such month. l Sec D. That the clerk of such court may with the consent of the judge appoint a deputy clerk should the business of the court justify, and such deputy clerk shall receive a salary of $700 per annum, pay able monthly out of the county treasury upon the certificate of the judge that he has performed the duties for such time, and that said deputy clerk may be | either male or a female provided, that
 in any precinct within the Jurisdiction of said court. in which there is at present an inferior court. which by the terms of the act creating the same. and by the provisions of this act, is abolished
 on the provisions of this act becoming effective, there shall be maintained a | branch office of said court in which the deputy or assistant clerk, who shall be | appointed by the judge of said court, and who shall hold office at | or assistant clerk shall have and exercise all the rights, duties and powers per taining to the office of the clerk of said court within said precinct, and such dep- ; uty or assistant clerk shall give bond, conditioned and payable the bond of 1 clerks of said court, which bond shall | be for the sum of 5000. Such deputy | clerk shall draw salary of 5000 per annum in equal monthly installments payable out of the county treasury on the certificate of the judge of said court that he has performed the duties of the office
 Sec. 6. This act shall not affect the present term of office of any judge
 of any such court, and shall become
 effective at the expiration of the pres | ent term of the present incumbent, tho l successor or successors to the present l incumbent or incumbents of such
 judgeship shall be elected at the time
 and in the manner prescribed by law for the election of successors of the
 judge of such inferior court or court of common pleas. or by whatsoever | name the same is known and called, and the term of office shall be that | now fixed for such judge; provided, however, that in any city affected by l this act, where there Is an inferior
 court established in lieu of the justice
 of the peace. which has Jurisdiction in | or over only one precinct, lying with
 In or partly within such city, and the l law now provides that the judge of | said court shall be elected by the quail 1 flied voters of such precinct and this | act confers on said court Jurisdiction in or over one or more adjoining pre- 1 cincts. then the judge of said court shall hereafter be elected at the time | now provided by law by the qualified l voters, of all the precincts in or over | which sajc judge shall have jurisdic- 1 tion and the election shall be held in the manner now provided by law for
 the election of such judge, except that | provision shall be made. by the duly | constituted, lawful and proper author ity for holding elections for the judge of such court in the additional pre- | cinct or precincts in or over which | said court shall have Jurisdiction, pro- l vidcd, further, that in any city where | by this act. Jurisdiction in or over an | adjoining precinct or precincts. is con ferred upon such inferior court ere
 ated in lieu of the justice of the peace now having Jurisdiction in or over | only ono precinct lying within or part ly within such city. the judge of said court shall hold court at least one day of each week in each of said adjoin- l ing precincts. and the board of rev l enue of such county In which said
 court Is located shall provide suit
 able place in each of said precincts 1 for holding court. provided. further that the judge of said court shall be
 n qualified elector of one of the pre- cincts in or over which said court has Jurisdiction.
 Sec. z. Whenevcr-no provision of law