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law and equity court of Franklin County who shall be appointed by the Governor immediately after the approval of this Act, and who shall hold office until the second Tuesday after the first Monday in January 1925 and until his successor is elected and qualified, and shall prosecute for the State all causes in said court and for so doing he shall receive a salary of Twelve Hundred Dollars per year, payable One Hundred Dollars per month, out of the county treasury on warrant drawn by the Judge of said Court. That in the absence of the said solicitor the judge of said court may appoint a special deputy solicitor to represent the State in cases that the solicitor for said court is required to represent the State in and shall receive for his compensation $5.00 for each day or fraction thereof, for the time actually appointed. Said solicitor shall begin upon the approval of this act and at the general election in 1924 and every four years thereafter, there shall be elected a solicitor for said Law and Equity of Franklin County, by the qualified electors of Franklin County. That the said solicitor shall be a qualified elector of Franklin County, Alabama and shall be learned in the law, and the same solicitor shall not defend any person charged with crime in any of the criminal courts of Franklin County.
Section 9: That the solicitor of this court shall be and he is hereby authorized and directed to attend upon sessions of the grand juries of the Circuit Court of Franklin County.
Section 10: That the Court shall be held at the court house of Franklin County, and that said court shall be open at all times for the trial of cases and the transaction of business. In case of sickness or disqualification of the Judge of said Court, the law applicable to the appointment and service of special judges in the Circuit Courts shall apply. The Judge of the said court shall be subject to the same penalties for failure to attend upon the court as circuit judges of this State. The Judge of said court shall keep an office in the Court House of Franklin County or such other suitable place as the County Board of Revenue or County Court of Commissioners may provide, and it shall be the duty of the Court of County Board of Revenue or County Court of Commissioners of Franklin County to provide such an office, and supply the same with the necessary furnishings, fixtures, stationery, etc.
Section 11: The Judge of said court may determine and fix the time for holding the sessions of said court for the trial of all cases in law or in equity.
Section 12: That it shall be the duty of the presiding Judge of the Circuit Court of Franklin County to immediately after the approval of this Act, make an order transferring to the Law and Equity Court of Franklin 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 Franklin County, against persons charged with the commission of a misdemeanor, shall, at once be transferred to the Law and Equity Court of Franklin County by the Clerk of said Circuit Court and the jurisdiction of said Law and Equity Court of Franklin County shall attach to said cause, and the jurisdiction of said Circuit Court shall cease, and it shall be the duty of the Clerk to immediately issue capiases against said parties so charged with a misdemeanor, returnable to the Law and Equity Court of Franklin County.
Section 13: All civil cases in law or in equity now pending, or may hereafter be pending, in the Circuit Court of Franklin County may be, by agreement of the parties thereto, transferred from said Circuit Court to the said Law and Equity Court of Franklin County.
Section 14: The sheriff of Franklin 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 such services of attending said court the sheriff or his deputies shall not receive any compensation. The sheriff shall receive the same fees for execution the processes of this court as provided for by law for the execution of same processes in the Circuit Court or in the Justices of the Peace Court, and shall be collected in the same way as is now provided by law or may hereafter be provided.
Section 15: That the procedure, practice and rules governing the Circuit Courts of Alabama shall in all things apply to and govern the procedure and practice in the law and equity court of Franklin County, except as herein otherwise provided.
Section 16: The judge of said court shall adopt a seal for the law side of the docket of the law and equity court of Franklin County which shall be kept in the custody and control of the clerk of said court. The Judge of said Court shall also adopt a seal for the Equity side of the law and equity court of Franklin County which shall be kept in the custody and control of the Register of said Court.
Section 17: That in all civil causes at law in the Law and Equity Court the issue and question of fact shall be tried by the judge of the court without the intervention of a jury unless a jury trial be demanded in writing by the Plaintiff at the commencement of the suit, or by the defendant or any other party occupying the position of defendant or claimant within thirty days after the perfection of service on him. If the Plaintiff desires a trial by jury he shall endorse in writing his demand therefor on the summons and complaint, the attachment or other process or paper filed by him for the purpose of instituting the suit, or by filing a separate written demand with the clerk of the court at the commencement of the suit. If the defendant or other person occupying the position of defendant or claimant desires a trial by jury he shall file a written demand therefor with the clerk of the court within thirty days after the perfection of service on him by endorsing such demand upon his initial pleading or by a separate written instrument. In all causes in the law and equity court of Franklin County brought by appeal or certiorari from judgments of Justices of the Peace or other inferior courts the issue and question of fact shall be tried by the judge of the court without the intervention of a jury unless a demand for a trial by jury be made in writing and filed in the cause by the party suing out the appeal or certiorari within ten days after suing out same, or filed in the cause by the opposite party within ten days after he has been served with notice of the appeal or certiorari. The failure to demand in writing a jury trial as herein provided shall be deemed and held a waiver of the right of a trial by jury, and either party demanding a trial by jury shall not have the right to withdraw such demand without the consent of the opposite party.
Section 18: That in all misdemeanor causes in the law and equity court of Franklin County, the issue and question of fact shall be tried by the judge of the court without the intervention of a jury except in causes where a trial by jury is demanded in writing by the defendant, and such written demand filed in the cause with the clerk of the court on or before the first sounding of the cause if the cause is sounded within thirty days after the defendant has been arrested or taken into custody after the finding of the indictment, or within thirty days after the defendant has appealed if the cause is brought to the law and equity court of Franklin County by appeal, and if such cause is not sounded within thirty days after the defendant has appealed or been arrested or taken into custody after the finding of the indictment, then such written demand must be filed with the clerk within thirty days after the defendant has appealed or been arrested or taken into custody after the finding of the indictment, a failure to demand in writing a trial by jury as herein provided shall be held and deemed to be a waiver by the defendant of a trial by jury.
Section 19: That in the trial of any cause at law either civil or criminal in Law and Equity Court of Franklin County by the Judge without the intervention of a jury, either party to a civil cause or the defendant in a criminal cause may present for review by bill of exceptions, the conclusions and judgment of the court on the evidence, and the court of appeals or the supreme court shall review the same without any presumption in favor of the court below, and if there be error shall render such judgment in the cause as the court below should have rendered, or reverse and remand the same for further proceedings in said court as the court of appeals or the supreme court may deem right.
Section 20: That the judge of said court shall draw the petit jurors for said court in the same way and manner, to try the jury cases, as the Circuit Courts draw petit jurors to try such cases, and in accordance with the law as provided for drawing petit juries in the several Circuit Courts of Alabama, or may be hereafter provided by law.
Section 21: Prosecutions for misdemeanors committed in Franklin County may be instituted in this court by making an affidavit before the Judge or Clerk of said Court, writ on said affidavit to be issued by the Clerk of said court, and when the defendant 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 22: The Judge of said court shall have power to issue search warrants, writs of habeas corpus, prohibition, certiorari, quo warranto, and all other special and extraordinary writs.
Section 23: 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 or Clerk of 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 twenty-five cents to be taxed as costs in case the defendant is convicted.
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 law and equity court of Franklin County shall be changed to the other countjes under the same orders and regulations as govern changes of venue in Circuit Courts.
Section 26: The witnesses attending upon said Law and Equity Court of Franklin County shall be entitled to, and paid the same fee as are paid the witnesses in the Circuit Courts of Franklin County, Alabama.
Section 27: The County Court of Franklin County, Alabama be and the same is hereby abolished and all cases now pending in said court shall by the Clerk of said court be transferred from the docket of said court to the Law and Equity Court of Franklin County. The Clerk of this court shall have the authority to issue process on the judgments of County Court rendered before the abolition of said court by this act.
Section 28: The Judge of this court shall secure the services of a competent shorthand writer to attend the sittings and terms of this court and report in shorthand all the cases tried herein and during the time he is actually engaged in said reporting and in transcribing for the court or the attorney's cases, which he has reported he is an officer of this court, and he shall receive a salary to be fixed by the Judge of said Court not to exceed one hundred dollars per month and said salary shall be paid in monthly installments at the end of each month, and shall be paid to him from the funds of the County by the County Treasurer or other custodian of said funds on a warrant drawn thereon by the Judge of this court, provided however that the Judge of this court shall have the right to remove said reporter from office at his pleasure. In addition to the compensation herein provided for said reporter he shall be entitled to tax and collect from the litigant or his attorneys for whom he is making a transcript of the evidence the sum of ten cents per hundred words for said transcript, and when any such transcript is made by said reporter he must append thereto his certificate to the correctness of the same as such official reporter.
Section 29: That in all cases reported by such reporter in this court there shall be taxed and collected as a part of the costs of the case a fee of $3.00 for each day or fraction thereof, that such reporter shall be engaged in reporting a case, same to be collected as in other cases and when collected paid by the clerk into the treasury of Franklin County.
Section 30: When any litigant desires to appeal a case tried in this court, he or his attorney shall give written notice to the Judge of this court, to the opposite party in said suit or his attorney and to the Court Reporter who reported the trial of said cause, that he desires to and is appealing said cause. Thereupon said court reporter shall immediately transcribe in full all of the proceedings in said cause which he reported and file the same with his official certificate appended thereto with the Clerk of this Court, and such reporter shall give written notice to the parties to said cause or their attorneys of record and to the trial Judge that the transcript of said evidence and proceedings has been by him filed with the Clerk of this court,