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

Sec. 70. Inat IT Tn the county Tn which any such city is situated, there is a court of general Jurisdiction of criminal matters exclusively. to which appeal may be taken by law. all appeals taken, both by such city and by defendants, from the recorders courts of such city shall be taken to said court and not to the circuit court.
 Sec. 27. In all such appeal cases If the defendant fails to appear in the court to which an appeal was taken when the case is called for trial, unless good cause is shown to the court for his absence or default, the court shall enter up judg- ment of forfeiture in his appeal bond against the defendant and his sureties, and the defendant and his sureties shall be liable to the same penalties. forfeitures and proceedings as on a forfeited bail bond taken by the court and new war rant of arrest may issue from that court without any other authority therefor. Or, where any such forfeiture has been made final against the said defendant and his sureties or any of them the said appeal may be dismissed by the court ex nero motu or upon motion of the solicitor or his assistant or of the city attorAsy or his assistant prosecuting such cause, upon which dismissal of such appeal, and by the fact of such dismissai or said appeal, the judgment of the recorders court against the defendant shall become final, and the clerk of such court to which such cause was appealed must in writing notify the mayor or other chief executive or the chief of police of said city of the judgment of the court dismissing such appeal, whereupon the defendant may be arrested as an escape. and shall be pun ished in accordance with the original Judgment of the recorders court and in case the defendant appears on such ap- peal and judgment is rendered against him. unless the fine and costs are present. ly paid. or a judgment confessed there for in favor of the city or town by the defendant, with suretes in the same man. her as provided for in convictions for violating the state laws, the said court to which said appeal was taken must re- mand the defendant to the city authori- ties for punishment, and the clerk of such court must in writing notify the mayor or other chief executive or the chief of police of said city of the judgment of such court trying such case. and said notice shall accompany the defendant when he is delivered to the city authori- ties for punishment; but if the judgment of said court is paid the clerk of said court may receive such fine and costs and the defendant may be discharged, and such clerk must, under penalty of percentum per month for a failure to do so, pay said money to treasurer or to the officer corresponding to the treasurer of the city, within 30 days after he re- ceived it. His bondsmen shall also be liable for said penalty and the amount thereof with the money collected may be recovered on motion after three-days notice.
 Sec. 2s Upon the conviction of the de- fendant in the court to which an appeal is taken from judgment rendered in a recorders court in such cities or upon the entering of judgment of forfeiture against the defendant there shall be added to the other costs to be taxed against the defendant or against the de- fendant and his sureties in case a judg- ment of forfeiture is suffered to be en- tered, city solicitors fee of s5, to be paid to such cities in the same manner and under the same penalties as fines are paid.
 Sec. % On all appeals from recorders courts of such cities, when the same are tried by jury, and where the jury shall impose a fine only upon the person con- victed, the judge presiding shall be au- thorized in his discretion to impose addi- tional punishment by way of imprison- ment In the city jail or other place of confinement, or hard labor for the city, IS Is or may be authorized by law or ordi- nance for such offense.
 Sec. 30. From the judgment of any court to which appeal shall be taken or which heretofore has been taken from any recorders court in any such city, the city or the defendant in any case may appeal to the court of ap- peals of the state of Alabama and, on such appeals by any such city. no surety shall be required on the appeal bond but such bond executed Tn tie name cf the city by the mayor or president of the board of commissioners shall in all cases be sufficient.
 Sec. 31. That any regularly authorized inspector of the health department of any such city in Alabama shall nave the right to enter and shall nave full ac- cess and ingress to and egress from any dairy in the state producing milk. cream or other dairy products for sale or other distribution in such city, to- gether with the premises surrounding and connected with said dairy for the purpose of inspecting and examining said dairy and said premises and for the purpose of inspecting, testing and examining for disease and injury the animals composing the diary herd pro- ducing such dairy products. and shall have full power and authority to inspect and examine said premises and to in- spect, test and examine the said anil mals for disease and injury.
 Sec. 32. That if any animal in any such dairy herd is found to be in jured or diseased in any manner which would cause it's milk to be lnwholesome or unfit for human consumption, such inspector may order the removal of such animal from the herd anl the re- lection of its milk until It's recovery from such injury or disease, and if the said dairy or the premises connected with or surrounding the same shall be found to be in such condition from filth, disease or other cause of contamination as to cause the dairy products pro- duced by the said dairy to be unwhole- some or the carriers or breeders of dis ease germs in unusual or dangerous quantities. such inspector may notify the owner. proprieor or manager to remedy the said condition, and it shall be the duty of the owner. proprietor or manager of such dairy thereupon iInme- dia tely to remedy the same, and if the owner, proprietor or manager of said dairy shall deny access and inercss to and egress from such dairy and premises to any such inspector. or if he shall neglect, fall or refuse to remove any diseased or injured animal rom any dairy herd after being instruct sG SD to do by such inspector, or shall use any of the dairy products from such disease d or injured animal in the supply for sale or distribution of said dairy prod ucts in such city or town, or if he shall remedy any such insanitary or disease breeding condition of such dairy. or premises upon such notice from such inspector, then, in either of said events such owner. proprietor or manager of such dairy shall be punished as pro- vided by ordinance or resolutiJn of such city or as hereinafter provided, aSid such city may exclude, the products of such dairy from sale or distribution in