Sec. 3. The judge of said court shall receive a salary of three thousand six hundred dollars per annum, payable monthly out of the county treasury, upon his warrant drawn upon the county treasury. The judge, of said court, before entering upon the duties of his office, shall take the oath of office, in form required by law to be taken by the judges of the circuit courts of Alabama and may be removed from office for the causes and in the manner now provided by law for the circuit judges of this State.

Sec. 4. The judge of said court shall have power to issue a restraining order to any justice of the peace, or notary public with powers of a justice of the peace, who assumes to exercise any of the exclusive jurisdiction of said court, and any such justice of the peace, or notary public, may be required to show cause before the judge of said court why he should not be punished for contempt for disobedience to such restraining order.

Sec. 5. Except as herein otherwise provided, all processes issued out of this court shall be addressed to the sheriff of Montgomery county, who shall, either himself or by deputies, execute the same. The sheriff shall receive as compensation for these services, the same fees that are now or may hereafter be allowed him for like services in circuit courts in this State.

Sec. 6. The judge of said court shall appoint a clerk there-· of, who shall give bond in the penal sum of two thousand ($2,000.00) dollars, payable to the county of Montgomery, and conditioned to faithfully discharge the duties of his office, which said bond shall be approved by and filed in the office of, the judge of probate of said county; and also conditioned to pay over all money to the proper officers and persons to whom it is payable and to faithfully account for all moneys coming into his hands, by virtue of his office. Said clerk shall receive a salary of fifteen hundred ($1,500.00) dollars per annum, payable out of the county treasury in monthly installments, upon his warrant, and he shall hold office at the pleasure of the judge of said court. The clerk of said court shall be authorized to administer oaths and issue all process issuing out of said court, including warrants, affidavits, commitments and releases of said court, and he shall keep docket for the proceedings of the court, and shall certify all appeals, certioraris and transcripts, but all judgments and orders shall be signed by the judge. The fees and costs that are now allowed by law to justices of the peace and sheriffs in said county in civil cases for services in justice of the peace courts shall be taxed and collected, as now provided by law in each case, and such part there

of as is due the county shall, once each month be paid into the county treasury. The fees allowed the sheriff and witnesses shall be paid direct to them. In civil causes in said court after execution has been issued against the unsuccessful party to said cause, no execution for cost shall be issued or collected in said court against the successful party to said cause. In all criminal cases tried in said court, the same fees shall be taxed and collected as now allowed by law in the county courts of Alabama, except as herein otherwise provided, and shall be paid over by the clerk to the county treasury as herein provided in civil cases.

Sec. 7. There shall be appointed by the judge of said court a bailiff for said court, who shall receive as compensation the sum of three hundred and sixty dollars per annum, payable monthly out of the county treasury, upon the warrant of such bailiff.

Sec. 8. That it shall be the duty of the clerk of such court to issue an execution on all judgments rendered in said court after five days from the entry thereof and to place the same in the hands of the sheriff, who shall return said execution within thirty days thereafter, in accordance with the law now governing executions in justice's courts, except as herein otherwise provided.

Sec. 9. It shall be the duty of the board of revenue of Montgomery 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, books, and other appurtenances.

Sec. 10. The judge of said court shall be commissioned by the Governor of Alabama.

Sec. 11. It shall be the duty of the solicitor of Montgomery county, to prosecute in criminal cases in said court, and the same solicitor's fee shall be taxed in misdemeanor cases, in said court, and in the same manner, as is taxed for circuit solicitors in similar cases in the circuit courts of this State. The clerk of said court shall be allowed $900 per year for extra clerical assistance, to be paid out of the county treasury.

Sec. 12. There shall be a jury term for the trial of misdemeanors in said court, beginning on the first Monday of March and November, and the second Monday in August in each year, and continuing until the business of such jury terms is disposed of; and the judge of said court may order special jury terms whenever, in his judgment, the business of the court requires it, for the trial of cases wherein the defendant is

charged with a misdemeanor. Such petit jurors shall be drawn, summoned and empanelled in the same manner as is now, or may be hereafter provided by law, for the drawing and summoning and empanelling of petit jurors for the city court of Montgomery. All laws relating to the qualification, competency, exemptions, objections to, challenging, drawing, summoning, organizing, swearing and arraigning of petit juries, and to the organization of petit juries in the city court of Montgomery shall apply to the court of common pleas of Montgomery county in the trial of cases wherein the defendant is charged with a misdemeanor, as far as practicable, and not in conflict with the provisions of this act. That any person charged with the commission of a misdemeanor in Montgomery county may be tried by the court of common pleas of Montgomery county, upon information indictment or affidavit and warrant of arrest, and the proceedings in such cases shall be the same as provided by law for trials upon information, or affidavit and warrants of arrest in the county courts under the general laws of Alabama, where not otherwise provided. Appeals may be taken from convictions in said court of common pleas of Montgomery county in misdemeanor cases under this section, directly to the Supreme court or Court of Appeals of this State, in the same manner and in the same cases as such appeals are taken thereto from judgments of conviction in the circuit courts of this State, and the judge of said court, in the trial of cases where the defendant is charged with a misdemeanor shall have the same authority and power as now conferred by law upon the judge of the city court of Montgomery, or upon the judges of the circuit courts in this State. That in cases of misdemeanors tried upon warrant and affidavit the judge of the court of common pleas of Montgomery county shall, except as herein otherwise provided, try the law and the facts without a jury, except when a trial by a jury is demanded by the defendant, when he is arraigned for trial, and in the event that a trial by jury is so demanded, the judge of said court shall send a warrant and affidavit in such case to the next term of the grand jury of Montgomery county, requiring the defendant to give bond for his appearance in said court of common pleas of Montgomery county in the event he is indicted by said grand jury for such misdemeanor or in default of such bond to commit the defendant to jail to await the action of such grand jury and the failure of the defendant to demand a jury trial, as herein provided, shall be deemed and held to be a waiver of his right to a trial by jury, provided, that where a conviction is reversed, the

defendant shall again be vested with the right to demand a trial by jury. Whenever any trial is commenced before a jury and cannot be completed during the week in which the same was commenced, then such trial shall be continued into the next week and until the case is ended. The fees of jurors in the court of common pleas of Montgomery county shall be the same, and shall be governed by the same regulations, as now apply to jurors in the city court of Montgomery. The fees of witnesses in said court shall be fifty cents per day and five cents per mile for each mile travelling to and from the court to place of residence of witness, and shall be paid in misdemeanor cases in the same manner in which such fees are now paid in the city court of Montgomery, provided, that the witness must prove his attendance the same day he testifies, otherwise the fees shall not be taxed. Where not otherwise provided, the court, in the trial of cases wherein the defendant is charged with a misdemeanor, shall be governed by the same provisions, and shall have the same authority as judges of the circuit court in this State or the judge of the city court of Montgomery in the trial of cases wherein the defendant is charged with a misdemeanor.

Sec. 13. That it shall be the duty of the sheriff, and he shall be required in person, or by deputy to attend on said court of common pleas of Montgomery county, at all times when the same is in session and being held, preserve order, and execute and return its processes, and perform in said court all other duties required of the sheriff hereby.

Sec. 14. All fines, fees and forfeitures shall be paid by the clerk of said court into the county treasury at least once each month, except as herein otherwise provided.

Sec. 15. That in any prosecution in said court of common pleas of Montgomery county, if it appear to the court that such prosecution is frivolous or malicious, the court shall 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 complaint or affidavit, he may confess judgment for the same with good and sufficient sureties and failing to do so, or to pay the same presently, he must be impris oned in the county jail or sentenced to hard labor for the county for ten days.

Sec. 16. That in all trials of misdemeanors in said court, the Supreme Court of Alabama, or the Court of Appeals, shall have appellate and supervisory jurisdiction over said court of common pleas of Montgomery county, as is provided by law in such trials in the circuit courts, and such cases may be appealed

or removed thereto in the same manner as such cases are appealed or removed thereto from the circuit courts of this State, provided that no appeal can be taken from said court of common pleas of Montgomery county, in misdemeanor cases, to either the city court of Montgomery or the circuit court of Montgomery county. That in the trial of misdemeanor cases in said court, chapter 59 of the Code of Alabama of 1907, relating to bills of exceptions, is hereby made a part of this act, and shall be applicable in all respects in such misdemeanor cases in said court of common pleas of Montgomery county.

Sec. 17. That in civil cases in said court, appeal shall lie and supervisory jurisdiction shall exist in the city court of Montgomery and the circuit court of Montgomery county, and that trials of civil cases begun in the court of common pleas of Montgomery county shall be de novo on appeal or certiorari to the court of appellate jurisdiction, and shall be governed in all respects as now applies by law to appeals to said court from justices of the peace.

Sec. 18. That the proceedings in said court, in cases where the defendant is charged with felony, shall, where not otherwise provided in this act, be governed by the same laws governing the trial of felonies before justices of the peace in this State; provided that wherever on the trial of a defendant charged by affidavit with a felony, the evidence does not show probable cause to believe the defendant guilty of a felony, but does prove to the satisfaction of the judge, beyond a reasonable doubt, that the defendant is guilty of a misdemeanor embraced in the felony charge, the judge may enter a judgment of conviction of said misdemeanor and proceed as if the affidavit had charged said defendant with the commission of said misdemeanor, but when a defendant charged by affidavit with a felony is arraigned for trial, he may demand that, as to his guilt of any misdemeanor embraced in the felony charge that he be tried by a jury. In that event, if, on the trial of the case, the judge does not find probable cause to believe the defendant guilty of felony charge, he shall not take final jurisdiction as to the guilt of defendant as to any misdemeanor embraced in the felony charge, but shall bind the defendant over to the grand jury to await their action as to his guilt of such misdemeanor.

Sec. 19. That in all misdemeanor cases tried by the judge without a jury, either party may, in writing, demand of the judge trying such case, that he find the facts specially, and if a special finding is requested, the judge must state in writing the facts as he finds them, and such statement, with the judg