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writing filed with the Judge of said Court for a longer period than thirty days and in such event, such case shall not be again called for trial until after the expiration of the period for which it was continued by agreement.
“Section 10: That it shall be the duty of the presiding Judge of the Circuit Court of Morgan County to, immediately after the approval of this Act, make an order transferring to the Morgan County Court of said county, all cases pending on the docket of the Circuit Court against persons charged with a misdemeanor, and from, and after the approval of this act, each and every indictment returned by a Grand Jury of Morgan County, against persons charged with the commission of a misdemeanor, shall, at once, be transferred to the Morgan County Court by the Clerk of said Circuit Court, and the jurisdiction of said Morgan County Court shall attach to said cause, and the jurisdiction of the Circuit Court of said county shall cease, and it shall be the duty of the clerk to immediately issue capiases against said parties so charged with a misdemaenor, returnable to the Morgan County Court.
“Section 11: All civil cases now, pending in the Circuit Court of Morgan County, where the amount involved does not exceed One Thousand ($1,000.00) Dollars, and all actions of ejectment, forcible entry and unlawful detainer, and all actions for the trial of the right of property may be, by agreement of the parties thereto, transferred from the said Circuit Court to the said Morgan County Court.
"Section 12: The sheriff of Morgan County shall, in person or by a deputy, or deputies appointed by him, said appointment to be approved by the Judge of said court, be required to attend upon the said court, and preserve order, and execute all writs or process, and perform such other duties, in all respects as in the Circuit Courts of this State, and for himself and each deputy required for attendance upon the sessions of said court, he shall receive the sum of $2.00 per day, payable out of the county treasury upon his warrant, approved by the presiding judge, provided that the sheriff and his deputies shall not receive pay except for the time that the court is actually in session, and none of which compensation to the deputies shall be shared in by the sheriff.
“Section 13: That if, for any reason, a forfeiture be taken on any bond on the criminal side of said court, the court may order the alias capias returnable within ten (10) days, and unless the party, or parties, against whom the forfeiture is taken, shall appear and show cause, when the forfeiture is returnable, why the forfeiture should be set aside, then the court is hereby authorized and empowered to make the judgment final.
"Section 14: That the said court shall adopt a seal which shall be in the custody of the clerk of said court.
“Section 15: That all actions of ejectment, forcible entry and unlawful detainer, and all other civil cases are to be tried by the court without the intervention of a jury unless at the time of filing the suit, plaintiff shall indorse upon the summons and complaint a demand for a jury trial, or that the defendant at the time of filing the first pleadings in the case or at the time of making his appearance, shall demand a trial by jury; provided, however, that all cases involving less than Twenty Dollars ($20.00) shall be tried by the Court without the intervention of a jury; and provided further that all criminal cases shall be tried without the intervention of a jury unless a jury is demanded as provided in Section 151/2 hereof; or unless a demand for jury is indorsed upon the bond at the time of making of the same.
“Section 1512: That in all criminal cases the defendant shall be required to appear before the court the first Saturday in the month succeeding the month in which he is arrested, however if any person is arrested within a time less than ten days previous to such first Saturday he shall be required to appear on the 1st Saturday in the next succeeding month and the officer making the arrest is required to inform the party arrested when he is required to appear, at which time his case must be called and the defendant required to plead; and all pleadings, except the plea of not guilty, shall be disposed of then and there; and in event a plea of not guilty is entered, the judge shall thereupon set his case for trial upon a day certain and notify the defendant then and there the day upon which his case shall be called for trial; provided that upon the appearance of the defendant as provided in this section, and upon his entering a plea of not guilty, he may then and there demand a trial by jury; and in event a trial by jury is demanded the case must be set for trial at some week not more than thirty days thereafter, at which a jury for said court shall be empanelled; and in case no jury is demanded, then said case must be set for some time within thirty days when no jury is empanelled, to be tried by the court without the intervention of a jury.
"Section 16: That in all actions of ejectments, forcible entry, unlawful detainer, and trial for the right of property, and in all civil cases where the amount involved exceeds one hundred ($100.00) dollars, the defendant therein shall be required by the summons served upon them to appear and plead or demur to the complaint within twenty (20) days after the service of such summons and complaint upon them; and in all cases commenced by attachment, the defendants shall appear and demur or plead within twenty (20) days after the levy of the attach
ment, or service of notice thereof; or, in cases where the suit is brought against non-residents, or other persons upon whom service is had by publication, within twenty (20) days after perfection of such service by publication, and in all other cases, the defendants must appear and plead within five (5) days after service upon them; and in all cases, whether commenced by summons and complaint, attachment, or otherwise, any defendant failing to appear after service upon him has been perfected, or notice given him as herein required, shall be held to be in default, and at any time thereafter, on motion of the plaintiff, judgment by default shall be rendered against him; provided, that the court may, for good cause shown, allow such judgment so obtained by default, to be set aside, and demurrers or pleas to be filed, on such terms as the court may think best; provided, however, that in all cases when judgment by default has been rendered against the defendant, the plaintiff may execute a writ of inquiry before the court without the intervention of a jury, and have final judgment rendered thereon.
“Section 17: That this court shall have exclusive jurisdiction of all cases appealed from justice of the peace, and all other inferior courts of Morgan County, and all cases appealed from the Mayors Courts, and all original mesne processes, writs, notices, etc., shall be executed instanter, to be returnable immediately upon the execution thereof by the officer receiving the same; and all cases so appealed shall stand for trial at any time after five (5) days notice of the suing out of such appeal to the adverse party, the notice to be given as now required by law.
"Section 18: That all garnishments issued from said court shall require an answer thereto within ten (10) days after the service thereof, and upon the failure of the garnishee to make such answer within ten (10) days, he shall be deemed to be in default, and a judgment nisi may be rendered against him on the motion of the plaintiff, and unless otherwise ordered by the judge of said court, all citations, rules, writs of scire facias, and notices issuing from the said court, shall require the party against whom they are issued to appear and plead within (10) days after notice thereof; and, if citation or notice is to be given by publication, then within ten (10) days after the perfection of service by publication; that all cases whether commenced by a summons and complaint, attachment or otherwise, shall be deemed and taken to be at issue and triable upon the appearance of the defendant, and his pleading to the complaint.
“Section 19: Prosecutions for misdemeanors committed in Morgan County may be instituted in this court by making an affidavit before the Judge of said court, the writ on said affidavit to be issued by the clerk of said court, and when the de. fendant is arrested on said affidavit, said case shall go on the docket for trial, and be tried as though the defendant had been indicted by a grand jury.
“Section 20: The judge of said court shall have power to issue search warrants, writs of habeas corpus, prohibition, certiorari, quo waranto, and all other special and extraordinary writs, except such as are peculiar to a court of chancery.
“Section 21: Justice of the peace of Morgan County and Inferior Court with the jurisdiction of Justices of the Peace, in said county, shall have authority to issue warrants returnable to said court, and it shall be their duty to forthwith transmit said affidavits and warrants and bonds to said court, which causes shall then be placed upon the docket of said court, and tried as though the defendants had been indicted by a grand jury in said court.
"Section 22: It shall be the duty of the clerk of said court to keep a record upon which shall be recorded all affidavits made before the judge of said court, or returnable by a Justice of the Peace, or Judge of an Inferior Court in said County, to said court, and if any of said affidavits should be lost or destroyed, a certified copy of the said record shall be used the same as if the defendant had been indicted, and for recording each of said affidavits, the clerk shall receive a fee of twentyfive cents to be taxed as costs in case of the defendant's conviction.
"Section 23: Said court shall have jurisdiction in civil cases in all matters where the amount involved does not exceed Two Thousand Dollars ($2,000.00), and in all actions of · ejectment, and original jurisdiction in actions of forcible entry and unlawful detainer, and trial for the right of property, irrespective of the amount involved, or the value of the property, provided that in actions of unlawful detainer, the defendant may, within the time allowed for pleading, file an affidavit, and give bond as now authorized by law in actions of this kind, and thereafter the same shall be tried as other actions in ejectment.
“Section 24: That the Supreme Court and Court of Appeals: of this State shall have appellate and supervisory jurisdiction over said court, and the judge thereof, which may be exercised in the same manner as such jurisdiction may be exercised over the Circuit Courts of the State, and the Judges thereof, and appeals may be taken from the orders and judgments of said court to the Supreme Court and Court of Appeals in the same manner, and within the same time, as appeals are now taken from the orders and judgments of the Circuit Courts of the State.
"Section 25: The venue in any case in the said Morgan County Court shall be changed to other counties under the same orders and regulations as govern change of venue in the Circuit Court.
“Section 26: That after five (5) days from the rendition of any judgment, unless otherwise directed in said judgment, the clerk of said court shall issue execution returnable in not less than ten (10) or more than thirty (30) days after the issuance of such execution; provided that nothing herein contained shall prevent any person from having execution issued within five (5) days upon making affidavit as now provided by law in relation to the issuance of executions upon judgments in the Circuit Court, and provided further, that nothing herein contained shall prevent the superseding of executions after the issuance thereof upon filing bond as now required by law.
"Section 27: That bills of exceptions relating to the trial of cases civil and criminal in said court must be presented to the Judge of said Court within sixty (60) days from the date of judgment in any cause tried therein, and must be signed by the presiding judge within thirty (30) days after the date of such presentation, and the date of the presentation and signing of such bills of exceptions must be endorsed thereon by the presiding judge.
“Section 28: That final judgments rendered in said court shall, after the expiration of fifteen (15) days from their rendition, be taken and deemed to have passed beyond the control of said court, as if the term of court at which said judgments were rendered had ended, provided, however, that nothing herein contained shall prevent the parties applying for a new trial, or re-hearing within said fifteen days, or change or destroy the office of motions for new trials or rehearings, when so made, or shall prevent parties from applying to the court for re-hearing under the statute authorizing applications for rehearing in the Circuit Court.
“Section 29: If the Judge of said court dies, resigns, or is impeached, or his term of office expires, or if, from other cause, he does not sign a bill of exceptions duly presented to him in the proper time, the bill of exceptions may be established in the Supreme Court and Court of Appeals, in the same manner as bills of exceptions are established in cases tried in the Circuit Courts of this state.
"Section 30: That the clerk, with the approval of the Judge of said Court, is hereby authorized to purchase all necessary furnishings, records, stationery and supplies for the equipment and maintenance of said Court, and the same shall be paid for out of the County treasury upon warrants drawn by the Judge and signed by the Clerk.