paid to them or to some person, agency, or institution for their use, by said register or clerk under the direction and in accordance with the orders of the said Juvenile and Domestic Relations Court. Section 17. Every motion for a new trial, or application for rehearing of any cause decided in said Juvenile and Domestic Relations Courts shall be filed with the Clerk and register within five (5) days after the rendition of said judgment or decree, except as is herein otherwise provided for; and said motions shall be promptly heard, and decided by said court. In ruling on such motions, the court shall have the right either to set aside the judgment, order or decree complained of, and order a rehearing or new trial; or it may modify such decree, order or judgment in any way that the court could have done at the original hearing; or at the time such order was made, and as shall seem just. And the court may, in matters of discretion, ex mero motu, amend such orders as to it shall seem just. Section 18. An appeal may be taken, by any party aggrieved from any final order or judgment of said courts, in any criminal case, to the Circuit Court of such counties; and from any final order or decree, in any Equity case, to the Chancery Court of such counties, or to the Circuit Courts of such counties, sitting as a Court of Equity, within ten (10) days from the rendition of such order, decree, or judgment, and not thereafter. In all equity cases, the appellant shall be required to execute an appeal bond in such reasonable sum as the Judge of said Juvenile and Domestic Relations Court shall require, which bond shall be approved by said Judge, conditioned to comply with any order or decree rendered by said Circuit or Chancery Court, including the payment of costs on appeal in said Court; and said bond, in the case of a dependent, neglected, delinquent or minor child may be upon the further condition that said child shall appear in said court at the trial of said appeal case to answer the order or decree of said Circuit or Chancery Court. In the case of any dependent, neglected, delinquent, or minor child, regardless of such appeal, and pending same, the said Juvenile and Domestic Relations Courts, or the Judge thereof, shall have authority to make such order, or orders, for the custody of such child pending the hearing on appeal, or shall be for the protection and welfare of such child, and of all parties in interest; and such Judge shall have the right to require such bond as shall be reasonable, to be approved by him, to insure compliance with such orders for the custody, protection and welfare of such child, pending such appeal. In all criminal cases, the defendant, appellant, at the time of taking such appeal, shall have the right to demand a trial by jury in said Circuit Court, and upon such demand shall be so tried at the hearing of said case in said Circuit Court. Pending the hearing of said appeal the defendant shall be entitled to be released from custody upon his entering into bail in such reasonable amount as the Judge of such Juvenile and Domestic Relations Court shall fix conditioned upon his appearing in said Circuit Court to answer the charges pending against him on said appeal, which bail bond shall be approved by said Judge or the Sheriff of said county. If such defendant, appeallant, fails to make the required bail bond, and to have same approved, he shall be confined to the County Jail until tried on such appeal. Upon taking of such appeal, the clerk and register of said Juvenile and Domestic Relations Court shall at once certify, to the clerk of the Circuit Court or the Register in Chancery, of such county, all papers in the case appealed, together with a transcript of all proceedings had in said Juvenile and Domestic Relations Court in said matter. All such cases so appealed shall be regarded as preferred cases in said Circuit or Chancery Courts, and shall be promptly heard; and it shall be the duty of the clerks or registers of such courts, and the Judges thereof, to see that such appealed cases have a prompt hearing. Upon such appeal, the said Chancery or Circuit Court shall proceed under and in pursuance of the terms of this Act, or of the law governing such cases, to try said causes de novo and shall render such judgment, order or decree as to it shall seem just. In the hearing of such appeals and in the rendition of judgments therein, the said Chancery and Circuit Courts and the judges thereof, shall have and exercise all the discretionary powers which are by law vested in said Juvenile and Domestic Relations Courts, or the Judges thereof. Upon the rendition of its judgment, order or decree the said Chancery or Circuit Court shall cause a copy of its said judgment, order or decree to be filed with the clerk and register of said Juvenile and Domestic Relations Court; which when so filed, shall thereupon become, also, the judgment, order or decree of the said Juvenile and Domestic Relations Court; and said Juvenile and Domestic Relations Court shall have the same power, jurisdiction and authority to deal with such dependent, neglected, delinquent or minor child, or such respondent or such defendant, under such judgment, order or decree as if same had been rendered by said Juvenile and Domestic Relations Court in the first instance; and as to such judgment, orders or decrees such Juvenile and Domestic Relations Court shall have and exercise all the discretionary power and authority vested in such Courts as to judgments, orders, or decrees rendered by such Courts, in the first instance. In the event that the defendant in a criminal case on such appeal is sentenced to jail or hard labor for the county he shall be remanded to jail to answer such sentence; and in the event that such sentence is withheld or suspended and defendant is relased on probation, the Court shall inform such defendant as to his duties under such probation order, and shall order him to report at once to the chief probation officer of said Juvenile and Domestic Relations Court, and thereafter said probationer shall be under the supervision of said Juvenile and Domestic Relations Court, and said court shall cause the probation bond herein provided for, to be filed with the clerk and register of said Juvenile and Domestic Relations Court, and said bond shall thereafter be subject to forfeiture in the same manner as if filed originally in said Juvenile and Domestic Relations Court. In the event that such Chancery or Circuit Court in the exercise of its equity jurisdiction does not dismiss such peition, bill or proceedings, and does not discharge such dependent, neglected, delinquent or minor child, or such respondent, such equity court shall inform such child, or person, of their duties under the order or decree of said Court in said cause, and shall remand such child or person to the said jurisdiction of said Juvenile and Domestic Relations Court under the terms of and to be dealt with by said Juvenile and Domestic Relations Court under the terms of said order or decree; and thereafter said Juvenile and Domestic Relations Court shall have the same power and authority under said order or decree, as if said Juvenile and Domestic Relations Court has rendered said order or decree in the first instance. Section 19. Upon the taking effect of this Act all causes of which said Juvenile and Domestic Relations Court is given original and exclusive jurisdiction pending in the Circuit and Chancery Courts of such counties and all causes pending in the police, Domestic Relations or Recorder Courts or other Courts of any such county, shall be hereby transferred to the dockets of said Juvenile and Domestic Relations Courts herein created, and such Juvenile and Domestic Relations Court shall have full power and authority to hear, determine, or to do or take further proceedings in such case, as had such Circuit, Chancery and Domestic Relations Courts, Recorders, Police and other courts, or the Judge or Judges thereof; and all wards and probationers of such Circuit and Domestic Relations Courts shall become wards and probationers of such Juvenile and Domestic Relations Courts, and may be dealt with by said Juvenile and Domestic Relations Court as could such Circuit or Domestic Relations Courts or Judge, or Judges. Provided, however, that this Section shall not apply to any case or cases which may have heretofore come to the Circuit Court in any such county by appeal from a judgment of any inferior or Domestic Relations Court. Section 20. Said Juvenile and Domestic Relations Courts shall have an official seal which seal shall be of the same general design as the seals of Circuit Courts of this State. The words "Juvenile and Domestic Relations Court of.. County" shall appear around its border, and the word "Seal" shall appear in the center of said seal. Section 21. This Act being remedial in its nature shall be liberally construed that it may accomplish the beneficient purposes intended thereby; and should any section, or other part thereof be declared unconstitutional by a court of competent jurisdiction, on the ground that said Juvenile and Domestic Relations Court cannot be given exclusive jurisdiction of a particular matter or subject so provided therein, then and in that event as to such matter or subject, such Juvenile and Domestic Relations Court shall have original and concurrent jurisdiction, with the Circuit and Chancery Courts of this State. No decision by a court of competent jurisdiction declaring a part of this Act unconstitutional shall affect the remainder thereof. Section 22. All laws or parts of laws inconsistent or in conflict with the terms of this Act are hereby expressly repealed. Section 23. Be it further enacted that all Domestic Relations Courts and all Courts of Domestic Relations in such counties be and the same are hereby abolished. Section 24. This Act shall take effect immediately upon its approval by the Governor. Approved August 2, 1927. No. 226.) AN ACT (S. 330. Stokes. To repeal section 2364 of the Code of Alabama, 1923. Be it Enacted by the Legislature of Alabama, that Section 2364 of the Code of Alabama, 1923, be and the same is hereby repealed. Approved August 9, 1927. No. 229) AN ACT (H. 11. Baldwin To divide the State into judicial circuits for the circuit court, to be numbered and composed of the counties named. Be it Enacted by the Legislature of Alabama: Section 1. The State of Alabama is hereby divided into judicial circuits for the circuit courts which circuits are numbered and composed of the counties as follows: First circuit-Choctaw, Clarke and Washington. Second circuit-Butler, Crenshaw and Lowndes. Third circuit-Barbour, Bullock, Dale and Russell. Fourth circuit--Bibb, Dallas, Hale, Perry and Wilcox. Fifth circuit-Chambers, Lee, Macon, Randolph and Tallapoosa. Sixth-Tuscaloosa. Seventh circuit-Calhoun, Cleburne and Talladega. Eighth circuit-Cullman, Lawrence, Limestone, Madison and Morgan. Ninth circuit-Cherokee, DeKalb, Jackson and Marshall. Tenth circuit-Jefferson. Eleventh circuit -Colbert, Franklin and Lauderdale. Twelfth circuit-Coffee and Pike. Thirteenth circuit-Mobile. Fourteenth circuitFayette, Lamar, Marion, Walker and Winston. Fifteenth circuit-Montgomery. Sixteenth circuit-Blount, Etowah and St. Clair. Seventeenth circuit-Marengo, Green, Pickens and Sumter. Eighteenth circuit-Clay, Coosa and Shelby. Nineteenth circuit-Autauga, Chilton and Elmore. Twentieth circuitGeneva, Henry and Houston. Twenty-first circuit-Baldwin, Conecuh, Escambia and Monroe. Twenty-second circuit-Covington. Section 2. That within thirty days after the passage and approval of this Act the Governor shall appoint a judge of said twenty-second Circuit, who shall hold office till the general election to be held in 1928, at which time a Judge shall be elected for the said twenty-second circuit as provided by law for the election of Circuit Judges in this State. Section 3. That if after the expiration of thirty days from the approval of this Act the solicitor of the twelfth judicial circuit shall be a resident of the county composing the twenty-second circuit, such solicitor shall be the solicitor of the twentysecond Circuit, but should such solicitor of the twelfth circuit not be a resident of the county composing the twenty-second circuit within thirty days after the approval of this Act, then the Governor shall appoint a solicitor of the twenty-second circuit who shall hold office till the general election in 1928, at which time a solicitor for the twenty-second circuit shall be elected as provided by law for the election of Circuit Solicitors in this State. Section 4. That the Judge and Solicitor of the twenty-second Circuit herein created shall not assume the duties of their respective offices until after the expiration of thirty days from the approval of this Act, and the present Judges and Solicitors of the Circuit Courts of the several counties composing the 12th circuit shall continue to exercise their respective duties in said several counties for thirty days after the approval of this Act. Approved August 3, 1927. |