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

visions of this act, not herein specically provided for, shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not less than s5o nor more than $500.
 26. That the board of dental examiners of Alabama. provided for by this act shall have the power and authority to transact all business left unfinished by the board superseded by the said board provided by this act, including the pay ment of all outstanding obligations.
 27. If any section or portion thereof. or any provision of this act, should be found and held to be unconstitutional, that fact shall not have the effect of rendering invalid or imperative any oth- CT portion or provision of this act, which Is not of itself and in itself unconst- tutional
 2s. All laws and parts of laws, general, special and local, in conflict with the provisions of this act are hereby express ly repealed.
 Approved August 3l, 1915.
 Official:
 JOHN PURIFOY,
 Secretary of State.
 AN ACT
 No 746) (S 4s9. Milner. To re-establish the county courts which
 are provided for in article three (3) of
 CndDtef Ont nunuTtQ anu iincty -tl6 it
 09S) of the code of Alabama in all
 counties wherein the same have hereto
 fore been abolished, except in counties
 having a population of fifty thousand
 (50,000) or more according to the last
 preceding federal census, and to define
 the power jurisdiction and duty of all
 the county courts which are hereby re-
 established and all of the county courts
 which are provided for by article three
 .,f .,h, y,fa bun mir
 eight Q9s) of the code of Alabama, and
 to prescribe the manner in which pros
 cautions for misdemeanors shall be be-
 gun. tried and determined therein and
 appeals taken therefrom, and to trans
 fer all indictments pending in any
 county court to the circuit court of the
 county where found for trial therein,
 and to repeal all laws, whether local,
 general or special in conflict with the
 provisions of this act
 Be it enacted by the legislature of Ala
 bama
 l. That the county courts which are provided for in article three (3) of chap ter one hundred and ninety-eight Q9S) of the code of Alabama are hereby re- esta blished in all counties Of the state wherein such county courts have hereto having population of fifty thousand (5o.- COO or more. according to the last pre- ceding federal census.
 2. That the county courts which are hereby re-esta blished and also the county courts which are provided for in article three (3) of chapter one hundred and ninety-eight q9s of the code of Alabama shall have original jurisdiction concur rent with the circuit court of all mlsde- meanors committed in their respective counties, and shall have and exercise all the power, jurisdiction and duty con- ferred upon county courts by article three (9 of chapter one hundred and ninety eight QaS) of the code of Alabama and shall be governed by all the provisions of article three (s) of chapter one hum dred and ninety-eight Q9S) of the code. except as otherwise prescribed by this act. Provided that in counties wherein circuit courts are held in two places for the trial of criminal cases the county court shall be held at the same plac at the county site on the first Monday in each month and at the other place on the second Monday in each month.
 g. That all trials or prosecutions insti- tuted in all such county courts shall be begun upon affidavit and warrant as pre- scribed by section six thousand, seven hundred and three (670S) of the code, and shall be tried by the judge of such court without jury as prescribed by section six thousand, seven hundred and nine- teen (6719) of the code and the accused shall not have the right to demand @ trial by jury as prescribed by section six thou- sand, seven hundred and eighteen (67lS) of the code, but in all trials before such county courts the judge shall determine both the law and the facts without the intervention of a jury, and in cases of conviction the defendant shall have the right to appeal to the circuit court as pro- viced for in section six thousand, seven hundred and twenty-five 6725) of the code, and the case appealed shall be tried therein as prescribed by section six thousand, seven hundred and twenty five (6725) ct sequiter of the code, and jury trial may there be had on demand of the defendant as prescribed by law.
 f. That all indictments for misdemean- ors returned by the grand jury of any county to the county court which is pro- vided for such county by article three (SJ of chapter one hundred and ninety-eight O9S) of the code of Alabama. or trans- ferred from the court in which the grand jury finding such indictment was inn panelled to any county court which is provided for by article three f31 of chap- ter one hundred and ninety eight uys) of the code for trial therein. whether with or without a jury, are hereby trans ferred from the county court in which such indictments are pending to the cir cult court of such county, and the clerk of such county court shall forthwith de- liver the same together with all papers and documents relating thereto to the clerk of the circuit court and the clerk of circuit court SD receiving the same shall at once enter all such cases on the proper docket of the circuit court. where they shall stand for trial as though orig inally filed therein.
 5. That all laws, whether local, gener- al or special, which provide for the trial of misdemeanors by jury in any county court established or provided for according to the provisions of article three (a) of chapter one hundred and ninety eight OSs) of the code of Alabama be and the same are hereby repealed. and all laws, whether local general or special which provide for or authorize the trans fer of indictments for disdemeanors re. turned by grand juries from any criminal, city or circuit court to any county court which is established under article three tS) of chapter one hundred and ninety eight Q9e) of the code of Alabama for trial in such county court, whether with or without juriep, be and the same are hereby repealed
 6. That all laws whether local. gener- al or special, in conflict with the pro- visions of this act be and the same are hereby repealed.
 [. That H any Heetions clause or pro .,tat~>r, xn& thfn nck uhAl1 he declnrod f0 bG