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the Peace of said territory, or upon Inferior Courts created in lieu of Justices of the Peace in said territory; and said Bessemer Court of Misdemeanors shall have and exercise jurisdiction in civil cases in said precincts or territory concurrently with Justices of the Peace of said territory. In the trial of defendants charged with felonies said court shall conform to and be governed by the rules, practice and procedure, and shall have and exercise the same power and authority as that now or that may be hereafter conferred on Justices of the Peace in said territory. In all cases wherein the defendant is charged with a misdemeanor over which said court has final jurisdiction as provided for in this act, the trial shall be governed by the rules, procedure and practices that prevail in the trial of such cases in the county courts of this State. In the trial of civil cases in said court the said court shall be governed by the same rules, practice and procedure as govern such trials before Justices of the Peace in said territory. No prosecution shall be instituted in said court by indictment, but all prosecutions shall be commenced and all trials of criminal cases in said court shall be had upon affidavit and warrant in the same manner as such prosecutions are commenced and such trials had in the county courts of this State. A trial by jury in said court cannot be had.
Section Two. That the Judge of the Inferior Court of Bessemer, Alabama, shall be and shall act as the Ex-Officio Judge of the Bessemer Court of Misdemeanors. Any Judge or person authorized to act as Judge of said Inferior Court of Bessemer, shall by virtue thereof be authorized to and shall act as Ex-Officio Judge of said Bessemer Court of Misdemeanors.
Section Three. That the said Ex-Officio Judge of said Bessemer Court of Misdemeanors shall receive as compensation for his services as Ex-Officio Judge of said court the sum of One Thousand ($1000.00) Dollars per annum, payable in equal monthly installments out of the County Treasury of Jefferson County, Alabama, upon the warrant of said Ex-Officio Judge drawn upon the County Treasurer of said county, which said compensation shall be in addition to his salary received for services as Judge of the said Inferior Court of Bessemer.
Section Four. That is shall be the duty of the Board of Revenue of Jefferson County, Alabama, to provide said court with all necessary blanks, stationery, dockets, books, and a place for holding said court, and supplies, including a seal.
Section Five. That the Ex-Officio Judge of said court shall be a magistrate and conservator of the peace, may take affidavits and warrants in felony cases returnable before himself, or before any other magistrate having jurisdiction, and may take affidavits and warrants for misdemeanors directly returnable to himself in cases in which said court shall have final jurisdiction of the offense, or in cases where said court does not have final jurisdiction, to any court having final jurisdiction thereof, including warrants returnable to the Juvenile Court of Jefferson County, Alabama. And in addition to the foregoing, said Ex-Officio Judge of said court may take affidavits and issue warrants in misdemeanor cases directly returnable to any other court having jurisdiction thereof although his court has final jurisdiction of said misdemeanors. For his services as to all acts done by him said Ex-Officio Judge is entitled to the same fees as provided by law for Justices of the Peace in said territory in such cases, which fees shall be collected as costs and shall be paid into the County Treasury by said Ex-Officio Judge or by the Ex-Officio Clerk of said Court, who shall collect and receive said costs. The costs and fees collected shall not be the property of said Ex-Officio Judge or said Ex-Officio Clerk, but shall be the property of Jefferson County, Alabama, and said Ex-Officio Judge and Clerk shall receive for their services no other compensation than the salaries provided for them. The said Ex-Officio Judge shall have the power and authority to punish for contempt in cases where the Judge of the Circuit Court of this State can punish for contempt by a fine, not exceeding fifty ($50.00) dollars and by imprisonment in the county jail not exceeding five days, one or both. The said court herein provided for and established may adopt a seal.
Section Six. That the Clerk of the Inferior Court of Bessemer shall be and act as the Ex-Officio clerk of the Bessemer Court of Misdemeanors and as compensation therefor shall receive Six Hundred ($600.00) Dollars per annum to be paid in equal monthly installments by the Treasurer of Jefferson County on warrant of said Ex-Officio Clerk, which shall be added to his salary as clerk of said Inferior Court of Bessemer. In the event the business of said court becomes such as to justify it, the said Ex-Officio Clerk with the consent and concurrence of the Board of Revenue of Jefferson County, may appoint a. Deputy Clerk of said Court, which said deputy clerk shall be entitled to and shall receive such compensation as the Board of Revenue shall prescribe, not in excess of Nine Hundred ($900.00) Dollars per annum, payable in equal monthly install-. ments out of the County Treasury of Jefferson County, Alabama, on the warrant of said Ex-Officio Clerk approved by said Ex-Officio Judge and said deputy clerk may be either a male or female. Said deputy clerk shall hold office at the will of said Ex-Officio Clerk and shall perform such duties in connection with said office as said Ex-Officio Clerk shall impose.
Section Seven. The duties of said Ex-Officio Clerk shall be to keep a record of all cases of said court. He shall keep in a book to be furnished by the Board of Revenue of Jefferson County, a properly arranged docket of all cases tried in said court, including preliminary trials for felonies; the date of the issuance and return of all process and a statement of the judgment rendered in the case, which shall be sufficiently clear to show what was done in the case, together with an itemized statement of the bill of costs and by whom paid. In all cases tried in said court and for all acts done in said court the same fees shall be taxed and collected as may now or hereafter be allowed by law in County Courts of this State, except as herein otherwise provided. All costs, fines, forfeitures, and penalties when collected, shall by the Ex-Officio Clerk of said court be paid into the County Treasury of said county, and such payments are required to be made at least once in each month.
Section Eight. That all process of whatever nature or kind issued out of said court shall be addressed to the Sheriff of Jefferson County, Alabama, or to any other lawful officer and shall be executed by said Sheriff or lawful officer or deputy thereof. The said Ex-Officio Judge of said court has the authority to require the Sheriff of said county, or one of his deputies to attend upon the sessions of said court.
Section Nine. That the Deputy Solicitor of the Bessemer Division of the Circuit Court of Jefferson County, Alabama, shall either in person or by deputy attend upon the sessions of said court and prosecute all criminal cases, regardless of whether it is a preliminary trial or otherwise. There shall be taxed as a part of the costs in each misdemeanor case tried in said court a solicitor's fee of $5.00 which fee shall be collected as other costs are collected in such cases and paid into the County Treasury of Jefferson County, Alabama. The Deputy Solicitor of the Bessemer Division of the Circuit Court of Jefferson County, Alabama, is authorized to employ one assistant at a salary of not exceeding Two Hundred ($200.00) Dollars per month, payable out of the County Treasury on the warrant of such deputy solicitor, to assist him in the prosecution of criminal cases in said court and to hold his office by appointment, of and may be discharged by said Deputy Circuit Solicitor, and to be under the supervision of the Deputy Circuit Solicitor.
Section Ten. Each calendar month shall constitute a term of said court, except that after five days from the rendition of a judgment in any case, the said judgment shall be beyond the jurisdiction and out of the power of the Court, the same as if the term of the court ended on said fifth day after the rendition of said judgment.
Section Eleven. That the court shall be opened at the discretion of the Judge presiding over said court any day during the week except Sunday for the trial of offenses, committed within the jurisdiction of said court, but no person shall be tried on the same day or the next day after his arrest without his consent, provided, the Judge presiding over said Court may in his discretion set apart certain days in each month for the trial of all misdemeanor cases in said court.
Section Twelve. That in the trial of cases before this court, there shall be no right to demand a trial by a jury, but the Ex-Officio Judge of said Court shall determine both the law and the facts, without the intervention of a jury, and shall award such punishment in misdemeanor cases as the character of the offense may demand and render such judgments in other cases as in his judgment may seem right and proper, and in the trial in misdemeanor cases no statement of the offense may be made other than that contained in the affidavit and warrant. That in the trial of misdemeanor cases the form for proceedings in the County Courts of this State, or substantially the same forms in so far as they are applicable to this court, may be used in cases tried in this court. In preliminary proceedings in felony cases and in civil cases the forms and procedure shall be the same or as nearly the same as practicable as that provided for such proceedings in Justice Courts in the territory over which this court has jurisdiction.
Section Thirteen. That the judgment in case of conviction in cases tried by said court shall be in substantially the following form: The State against A. B. (Here state the offense charged by name.) On hearing the evidence the court is satisfied of the guilt of the defendant and awards the following punishment (here state the punishment) and the costs of the proceedings
Ex-Officio Judge of Bessemer Court of Misdemeanors. If the defendant is acquitted the judgment must be that the defendant is discharged. In preliminary hearings in felony cases and in the trial of civil cases the judgment shall conform as nearly as practicable to judgments in such cases in Justice Courts of the territory over which this court has jurisdiction.
Section Fourteen. That, upon a conviction of any defendant in a misdemeanor case in said court, the court shall have the right to suspend sentence whenever in the discretion of said court the same may be advisable, under such terms and conditions and for such time as may be prescribed by said Judge for the ends of justice.
Section Fifteen. That in addition to the power and jurisdiction herein conferred upon said court it shall have and is hereby given authority and jurisdiction to sentence to perform hard labor for the County of Jefferson for the payment of fines and costs in the same manner and to the same extent as the Circuit Courts of this State have authority and jurisdiction so to do.
Section Sixteen. This court shall have the power to set aside, vacate or modify its judgments rendered in all cases upon motion made within five days after the rendition of the same, which said motion must be promptly determined; and this court may open for business and render default and other judgments after 9 o'clock of each day, except Sunday, and all process of the court where no time is otherwise fixed shall be returnable at 9 o'clock A. M. of the return day. Section Seventeen. If the defendant fails to appear as re
. quired by his bond said court shall enter a forfeiture against him and his sureties, which may be in the following form: State of Alabama vs A. B., Defendant, C. D. & E. F., his sureties. In The Bessemer Court of Misdemeanors .Day of 192.. In this cause A. B. failing to appear and answer the charge against him for (here set out the offense) a judgment is rendered against him and his said sureties, to-wit: for.
dollars. (The amount of the penalty of the bond) in favor of the State of Alabama, for the use of Jefferson County, unless they appear at the next term of this court, and show cause to the contrary; and it is ordered that notice issue to them.
Section Eighteen. That all bonds returnable to said court where forfeitures have been taken, for failure of the defendant to appear, the said court shall have the authority to issue and shall cause to issue sci. fa's to the bondsmen, which shall be returnable in not less than thirty days from the issuance date and upon final hearing said court shall have the authority to pass upon the forfeiture, or make the same final, or take such other action as the Circuit Courts of said county may be authorized to take in case of appearance bonds to said Circuit Courts.
Section Nineteen. That any prosecution in said court, if it appear to the court that such prosecution is frivolous or malicious, the court shall, after hearing the facts, render summary judgment and tax the prosecutor or the person who made the complaint or affidavit with the costs, and when the costs are imposed on the prosecutor or person who made the complaint or affidavit he may confess judgment for the same with good and sufficient sureties, and failing to do so or to presently pay the same, such person must be imprisoned in the County jail or sentenced to hard labor for Jefferson County for the payment of the same for such a term as may be required to pay the same not to exceed ten days.
Section Twenty. That witnesses in misdemeanor cases in said court shall be entitled to the same fees, to be collected in the same manner as is provided in like cases before the County