Page images
PDF
EPUB

vide a fund out of which the salary of said judge and the expenses of said court shall be paid, to provide for the appointment of an acting judge in the event the regular judge is unable to serve, to abolish the office of justice of peace and notary public with powers of justice of the peace in said precinct, to provide for transfer to said court from the justice of the peace courts in said precinct of causes within the jurisdiction of such inferior court when established, to provide that the judge of said court may practice law, to provide for the payment of the sheriff's fees, Court established.

Be it enacted by the Legislature of Alabama:

Section 1. That there is hereby established an inferior court in precinct number 36 in Dallas County, Alabama which shall be known and designated as "The Court of Common Pleas of Selma," and which shall be in lieu of all justices of the peace and notaries public with power of justice of the peace, in said precinct. It shall have the jurisdiction now held by justices of the peace or that may hereafter be conferred by law on justices of the peace, or on said court, and the judge of said court shall have and exercise all the power and authority and perform all the duties now prescribed by law, for justices of the peace in said precinct. Said judge shall have the same rights and privileges and the same disabilities and penalties as now apply by law to justices of the peace.

Section 2. Be it further enacted, that there shall be a judge of said Court, said judge shall at the time of his election or appointment be a resident of Dallas County, Alabama, be at least twenty-one years of age and shall within the State of Alabama have been admitted to the practice of law. The first judge of said Court shall be appointed by the Governor of Alabama and such appointee shall hold his office until the regular election for State and County officers in the year 1924 and until his successor is elected and qualified. The said judge of said Court shall hold office for a term of four years, and until his successor is elected and qualified.

Section 3. Be it further enacted, that at the regular election for State and County Officers in the year 1924 and each four years thereafter, there shall be elected a judge of said court by the qualified electors of said precinct 36. All vacancies in the office of said judge of said court shall be filled by appointment by the Governor, and such appointee so appointed shall hold office for the unexpired term and until his successor is elected and qualified.

Section 4. Be it further enacted, that such office shall be considered a county office within the meaning of election and other laws of Alabama.

Section 5. Be it further enacted that the judge of said Court shall receive a salary of eighteen hundred dollars per annum payable monthly out of the Inferior Court fund upon warrant drawn upon the County depository by the Probate Judge of Dallas County, Alabama. In the event there is not sufficient money in said fund to pay the salary of the judge within any particular month, the said judge shall be entitled to draw out of said fund in any month that sufficient funds are in said Inferior Court fund any back salary that may be due, provided, however, that no salary shall be paid any judge after his term of office has expired, unless there be a sufficient amount of money in said Inferior Court fund at the time of the expiration of his office. No money shall be paid out of said fund except for salary of said judge and expenses of said Court.

Section 6. Be it further enacted that the judge of said Court shall give bond in the penal sum of two thousand dollars payable to the County of Dallas, and conditioned to faithfully discharge the duties of his office, which said bond shall be approved by and filed in the office of the Probate Judge of said county, and also conditioned to pay over all money to the proper officer or persons to whom it is payable, and to faithfully account for all money coming into his hands by virtue of his office.

Section 7. The sheriff, coroner or special coroner and deputy county solicitor shall perform the same duties in relation to the said Court of Common Pleas as now devolve on them by law in relation to the Circuit Court of Dallas County, Alabama.

Section 8. It shall be the duty of the judge of said court to keep a docket of all the cases brought before this court such as is now required by law to be kept by all justices of the peace. The judge shall have authority to issue all necessary summons upon complaint being filed in said court and all other process which justices of the peace are required or empowered by law to issue. He shall have authority to swear witnesses at the trial of all cases in said court. It shall be the duty of said judge to tax and collect in each case the same costs and fees for the services of judge, sheriff and witnesses as are provided under the laws of Alabama for justices of the peace and sheriffs. The sheriff's fees collected by said court shall be paid to the sheriff on the first Monday of each month. Any money paid to said judge on judgments rendered in said court shall be paid to the plaintiff or his attorney on demand. All the costs and fees allowed the judge of said court and all the witness fees and all fines and forfeitures assessed in said court shall be collected by the said judge and all the fees allowed the judge and all fines and forfeitures collected by said judge shall be paid by said judge on the first Monday of each month into a special fund of the County Treasury to be known as the inferior court fund which is hereby created and which the custodian of county funds shall keep separate and apart from all other funds of said county provided that the witness fees assessed and collected by the judge shall be retained by him and paid over to the witness entitled to the same. Any witness fees in the hands of said judge uncalled for within one month after receipt by him shall be paid by him into said Inferior Court fund.

Section 9. The witnesses in all cases in said court shall be entitled to the same fees, to be collected in the same manner by the judge of said court and paid over by him to the witnesses entitled to the same as provided in like cases before Justices of the Peace by the laws of the State of Alabama.

Section 10. The fees allowed constables and sheriffs in said precinct for service in justice of the peace courts shall be taxed and collected as now provided by law in each case and paid over by said judge to the sheriff of Dallas County, Alabama, as herein before provided.

Section 11. All processes of whatever kind or nature issued out of said Court shall be addressed to any lawful officer of Dallas County, and shall be executed by the Sheriff of Dallas County, Alabama or one of his deputies.

Section 12. From any judgment of said court the defendants in criminal cases or the plaintiffs or defendants in civil cases shall have the right of appeal to the Circuit Court of Dallas County under the same regulations and requirements as now govern appeals from the courts of justices of the peace in the State of Alabama, and the bond furnished or required in such cases shall be governed by the same laws as now regulate appeals from the courts of justice of the peace in the State of Alabama.

Section 13. The forms to be used in said court shall be the same as prescribed by the Code of Alabama of 1907 for Justices of the Peace, but they shall not be the exclusive forms used, and any forms sufficient at common law or under the statute, or any forms provided in said code for similar or analagous proceedings in said court. All dockets, printed forms, and other stationery required by the said court shall be furnished and paid for by the County of Dallas out of the said Inferior Court fund on warrant drawn by the Probate Judge, Dallas County, Alabama.

Section 14. Each month after the payment of the salary of the judge of said court, and other expenses of said court, the Probate Judge of Dallas County, Alabama, shall issue a warrant to the sheriff of Dallas County, Alabama, for any fees due him in criminal cases where the costs have not been paid and the defendant has performed hard labor for Dallas County; provided that said warant shall not be for more money than is left in said Inferior Court fund and in no event shall be for more than fifty dollars in any one month.

Section 15. The judge of said court shall be permitted to practice law in all courts provided, however, that said judge shall not practice in the said court of Common Pleas of Selma and shall not practice in any case originating in or passing through the said Court of Common Pleas of Selma.

Section 16. All laws affecting or regulating the practice in courts of justice of the peace of Dallas County shall be applicable to the court hereby established, and all certificates of judgment of said court may be recorded as now provided for certificates of judgment of Justices of Peace. Said judgments shall be a lien when recorded as now provided for Justice of the Peace judgments in Dallas County, Alabama.

Section 17. It shall be the duty of the court of county commissioners of Dallas County to provide a proper place for holding said court and to provide for the comforts and necessary accommodations therefor and to provide said court with all necessary blanks, stationery, dockets and books which shall be paid for out of said Inferior Court fund on warrant drawn by the Probate Judge of Dallas County, Alabama.

Section 18. Be it further enacted that thirty days after the approval of this act the terms of office of all justices of the peace in said precinct 36 shall expire and said office of justice of the peace in said precinct shall be abolished, and the docket, official papers and records of all kinds of their respective offices shall be delivered to the judge of the Court of Common Pleas of Selma by said justices and all causes pending in said Justice courts shall be by such delivery transferred to the said Court of Common Pleas, and executions and other process for the collections of judgments of said Justice Courts may be issued from said Court of Common Pleas including executions for costs, and upon the collection of costs in any case accrued before said transfer the judge of said Court of Common Pleas shall pay said costs to the justice of the peace or constable entitled thereto and shall take a receipt therefor, which shall be entered on the docket of said cause.

Section 19. Be it further enacted that at the expiration of thirty days after the approval of this act the terms of office of all justices of the peace and notaries public with powers of Justice of Peace within the said above described territory shall expire, and said office of justice of the peace be abolished in the said precinct, and there shall hereafter be no justices of the peace elected or appointed for the said precinct and no notaries public with powers of justice of the peace and the said Court of Common Pleas created by this act shall be in lieu of all the justices of the peace or notaries public with powers of justice of the peace in the said precinct.

Section 20. In the event that the Judge of said court is for any reason disqualified from acting or in the event of the absence from the city of said Judge the Judge of Probate of Dallas County, Alabama shall appoint an acting judge to try such cases as the judge of said court may be disqualified to try and in the event of the absence from the city of said Probate Judge the Judge of the Circuit Court of Dallas County, Alabama shall appoint said acting judge.

Section 21. If any section or provision of this act shall be declared to be void or unconstitutional it shall not affect or destroy the validity or constitutionality of any other section or provision therein which is not in and of itself void or unconstitutional.

Section 22. All laws and parts of laws general, local, or special, contrary to the provisions of this act are hereby repealed.

Approved August 28, 1923.

No. 183.)

(H. 504. Rountree.

AN ACT

To Alter and Fix The Boundaries of The City of Selma, A Municipal

Corporation In Dallas County, Alabama.
Be it enacted by the Legislature of Alabama:

Section 1. That the boundaries of the City of Selma, a municipal corporation in Dallas County, Alabama, be and the same are hereby altered and fixed so as to include within the corporate limits thereof all that territory lying within the County of Dallas, in said State, described and bounded as follows, to-wit: Beginning at a point where the east bank of Valley Creek intersects the north bank of the Alabama River at low water mark; thence northerly along the east bank of Valley Creek with the meanderings thereof to a point on said Creek where the same would intersect the northern margin of First Avenue, if extended to the east bank of said creek; thence east along the said northern margin of First Avenue to the corner formed by the intersection of the east side of the Selma and Summerfield public road, with the north margin of First Avenue; thence north along the east margin of said Selma and Summerfield public road to a point two hundred feet north of

a the north margin of a street or road known as Seventh Avenue; thence in an easterly direction parallel to Seventh Avenue to the East margin of Broad Street; then north to a point two hundred feet north of the point where the east margin of said Broad Street intersects the north margin of Highland Avenue;

« PreviousContinue »