evils resulting from the acts or omissions of the accused effecting such delinquency. By way of punishment of the guilt ascertained, the court may impose upon the defendant a fine not exceeding three hundred dollars and hard labor for the county for not over six months or imprisonment in the county jail for not over six months, or any one of such penalties last prescribed. The court shall have power to at any time suspend the operation of judgment rendered, for such a period, not exceeding six months, as it may determine, and may put the convicted defendant upon probation during the whole part of time or period of such suspension, all upon conditions and terms as the court may determine as expressed in its order of suspension or in any undertaking or obligation below provided for; and it shall have the power to require, or the judge to agree that the defendant execute a bond, or covenant payable to the county with or without surety as the judge or court may determine, in such penalty or terms as the court may prescribe, conditioned that the defendant will comply with orders of the court, as the case may be recited in such covenant or bond and the court in its discretion shall have the power to release the defendant temporarily or on parole, during the whole or part of such suspension. The judge shall approve such bond or covenant, have it entered in the records of the court, retain the name, and whenever the defendant shall fail to comply or break its conditions or the agreement, the judge may deliver the same over to the court of County Commissioners for such action as it may take concerning the same. In event a parole is revoked, the defendant shall be credited on the judgment with the time he was on parole or suspension. The court may avail itself of the services of the treasurer of said juvenile commission, and thereupon the treasurer shall obey its orders, or the judge or clerk may be depository and disbursing officer, on defendant's compliance. The juvenile court shall have power to revoke suspension whenever the defendant's conduct makes it appear proper so to do, either by failure to comply, or upon violation of terms, and conditions or otherwise. Revocation shall revise the judgment suspended or so much thereof as remains unfulfilled. Defendant shall have right to appeal from said order of revocation or judgment within thirty days after revocation, and upon appeal the case shall be tried de novo and a jury trial may be demanded in the same manner as now or hereafter may be provided by law for appeal in trial of misdemeanor and in the manner now provided by law. The court may always issue process to take or retake a defendant into custody and for the exercise of jurisdiction. If defendant's guilty is not confessed, or his bond or covenant to perform accepted by the court or judge, he shall have right of ap

peal to the circuit court aforesaid. He shall take appeal by giving notice of appeal in open court, or else by written court of appeal filed in the juvenile court. all within thirty days after the day of rendition of the final judgment against him except as herein otherwise provided. If having appealed he make bond in penalty fixed by the court or judge, payable to the county, with sufficient surety or sureties, conditioned to appear in the circuit court trial at the time set and until discharged in due course of law, approved by the judge of the juvenile court, then the defendant shall be released from custody by order of the juvenile court, and in the absence of such bond, so approved, he shall be confined in jail until he make such bond, and thereupon he shall be released by order of the juvenile court, for the time being. At any time after his release he may be required, by the juvenile court, for good cause, to make new or additional bond, or be recommitted to jail until he shall make such bond, or be discharged in due course of law. Notice of appeal may be withdrawn at any time before such bond is made. The clerk shall certify the appeal to the circuit court, together with a transcript of the record and with all such papers in the causes as are necessary or proper to show the proceedings below, or pertinent to a hearing of appeal. On the appeal trial the defendant shall have a jury trial by demanding it in the same way and time as on other appeals to the circuit court, for the trial of misdemeanors. The appeal case shall be tried in the circuit court de novo and the court if without a jury, shall render such judgment as the juvenile court should have rendered under this act. The circuit court shall have like discretion as the juvenile court. The jury question shall be whether or not the defendant is guilty, and the jury shall not impose the punishment, but the jury may make recommendations to the court as to the extent of punishment, or whether the defendant shall be paroled or judgment suspended, but the judge trying the case shall not be bound by the recommendations of the jury. The court shall render judgment according to verdict. unless it sets the verdict aside, and according to the provisions of this act, as well as according to its own practice. The defendant may appeal to the court of appeals, or the supreme court, according to the jurisdiction of the appellate court, upon the same conditions and in the same way and in the same time as provided for appeals from the circuit court. Whenever the appeal is not taken or judgment rendered in the highest court acquiring jurisdiction is certified down, the judgment shall be certified by the cicruit clerk to said juvenile court and be made the judgment of the latter court. If the defendant be thereby required to perform or pay anything he shall be remanded to the custody and powers of the juvenile court, and

like proceedings shall go forward as if the judgment had been rendered by the juvenile court in first instance, or as if no appeal had been taken. If either of the appellate courts shall suspend the sentence or judgment rendered and put the defendant on probation, as it shall have the power to do, it shall fix the conditions and terms thereof in its judgment of suspension, and the defendant shall be likewise remanded to said juvenile court for its supervision and control, and same as if the juvenile court had itself put him on probation.

Section 25. Cost or fees shall not be charged against any juvenile delinquent.

Section 26. The judge of said court shall have the power to appoint temporarily, when necessary, someone to act as judge. pro tem, and who shall have like qualifications as the judge, and who shall perform his duties in his absence, or disability, and while acting said judge pro tem shall receive the same salary that the judge received, provided that one salary between them be paid. If said judge should fail or be unable to appoint a judge protem, and the necessity of such an appointment should arise, then the juvenile court commission shall have the power to appoint said judge pro tem. While acting as said judge of said court, the judge pro tem shall have all powers of the judge of said court.

Section 27. The juvenile court shall have authority at any time to re-open any case on its dockets for the purpose of discharging any person on its dockets, or to change the punishment to a lesser punishment than the one inflicted in the original subsequent decree or judgment, and from said order, the defendant or juvenile delinquent may appeal as in other cases herein provided.

Section 28. The clerk of the Board of Revenue and Road Commissioners of Mobile County, Alabama, shall present to the Board of Revenue and Road Commissioners of Mobile County, monthly statements showing true and correctly all the items of expense including all costs of transportation of juveniles and officers to and from institutions arising out of the operation and in connection with the juvenile court, and cost of maintenance of said court, not including the costs of furnishing quarters and the equipment thereof, in the way of furniture, such as tables, desks, chairs, and benches or other things that become a part of the realty, but including all other matters of expense or cost. Such statement should be recorded in the records of the Juvenile Court and in the minutes of said Board of Revenue and Road Commissioners. Said Board of Revenue and Road Commissioners shall cause a statement of such monthly expenses so presented to it to be filed with the Board of City Commissioners, of other governing authorities of

the city of Mobile, and it shall be the duty of said City of Mobile to pay the County of Mobile one-half of the amount incurred for such expense.

Section 29. This Act shall go into operation and effect in all its tennal and other provisions thirty days after its being approved by the Governor or becoming a law under the Constitution and without such approval. The officers, including the juvenile court commission of the former juvenile court of Mobile County, shall be the corresponding officers of the court hereby created and serve until their successors shall be duly appointed.

Section 30. Upon this act going into operation and effect, all matters and cases pending in any other or former juvenile court at the time created by the legislature, for said County of Mobile, and all the books, papers, records, paraphernalia and property of every kind pertaining to such former juvenile court, shall be transferred forthwith to the Juvenile Court hereby created, to be heard or treated in accordance with this act. The duty of effectuating such transfers shall devolve upon the persons who were the judge and the clerk of either of said former juvenile court at the time this act goes into operation, and the transfer shall be made at once.

Section 31. All the laws and parts of any law in conflict with any of the provisions of this act, including all former local laws creating any juvenile court in and for said County of Mobile, are hereby repealed. But nothing herein contained shall be construed as to repeal any portion of that certain local act porviding for the detention for juvenile delinquents in Mobile County and approved March 8, 1915.

Section 32. If any provision or section of this Act shall be declared unconstitutional, the remaining sections or provisions thereof shall not be affected. But the same shall remain in full force and effect.

Approved October 1, 1923