Athens City Court Jurisdiction Limited. been returned by the grand jury to the superior court Act of 1879 SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same. That an Act entitled an Act to establish a city court in the County of Clarke and to provide for the appointment of a judge and solicitor thereof, approved September 9, 1879. be amended, by adding at the end of amended. section XXXI, as follows: -provided, that the said city court shall not have jurisdiction of the misdemeanor of fenses referred to and mentioned in section 416 of the Penal Code of Georgia of 1910, except after a presentment or an indictment has been returned by the grand jury to the superior court of Clarke County and bv an order of the judge of said superior court dulv transferred to the said city court, so that said section XXXI, as amended, will read as follows: Section XXXI. It shall be the duty of all justices of the To be read. peace and notaries public of this State to bind over all persons charged with offenses within the limits of Clarke County, over which the said city court has jurisdiction, to appear before said city court to answer for said offenses; provided, that the said city court shall not have jurisdiction Indictment of the misdemeanor offenses referred to and mentioned in required for section 416 of the Penal Code of Georgia, 1910, except violation. after a presentment or an indictment has been returned by the grand jury to the superior court of Clarke County, and by an order of the judge of the said superior court duly transferred to the said city court of Athens. SEC. 2. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved August 14, 1917. Sabbath Records of proceedings. Act of 1911 amended. Read. Demand for indictment. Blakely City Court Procedure, Etc. BLAKELY CITY COURT PROCEDURE, ETC. No. 191. An Act to modify the procedure in the city court of Blakely, to amend the existing acts relating thereto, and for other purposes. Be it enacted by the General Assembly of Georgia, and it is enacted by the authority of the same: SECTION 1. That on and after the passage of this Act it shall be the duty of the clerk of the city court of Blakely to record the pleadings and other proceedings in cases pending in said court in like manner as such proceedings and pleadings are recorded in the superior courts, and shall be entitled to the same costs for the same as are allowed for similar services in the superior court; and the county commissioners of Early County shall furnish the necessary books for that purpose. SEC. 2. Be it further enacted, That section 2 of an Act approved August 18, 1911, entitled "An Act to make certain provisions as to the city court of Blakely, relating to jurors, demands for indictment, compensation of the solicitor, and for other purposes," be amended by striking from the first and second lines of said section the words "upon the original call of his case," and inserting in lieu thereof the words, "within five days after a criminal case is docketed against him in said court," so that said section as amended shall read as follows: "SEC. 2. If any defendant within five days after a criminal case is docketed against him in said court shall demand indictment by grand jury, the court shall bind him over in a reasonable but sufficient bond to be assessed by the judge of the city court, conditioned that he will personally be and appear to answer to any true bill, indictment or presentment that may be returned by the grand jury against him in the matter, and the city court shall await the action of the grand jury in the matter; but if the defendant fails to give bond within five days, and remains Cleveland City Court Established. in jail, the city court may proceed to try the case notwith- Trial. standing the demand for indictment. If the grand jury returns a true bill for a misdemeanor in the matter, the judge of the superior court shall transfer the same to the city court for trial." pay. SEC. 3. That section 3 of the above recited Act of August 18, 1911, is repealed, and in lieu thereof the following is enacted, to wit: "The solicitor of said court shall re- Solicitor's ceive for services performed by him in said court the same fees as are allowed to solicitors-general in the superior court under the laws of this State for similar services, the same to be paid out of the fines, forfeitures and costs, and insolvent funds in said court, but, whenever in any calendar year the amount of such fees so paid to the solicitor of said court shall reach the sum of nine hundred ($900.00) dollars, such amount shall be considered and taken as being in full for his services for the year, and thereafter all sums in excess of said amount of nine hundred ($900.00) dollars for the calendar year, or at the rate of seventy-five ($75.00) dollars per month, in the event there shall be a change in the office during the course of a year, shall be paid into the county treasury of said county as a part of the general fund in the county treasury. SEC. 4. All conflicting laws are repealed. Approved August 18, 1917. CLEVELAND CITY COURT ESTABLISHED. An Act to create the City Court of Cleveland in and for the SECTION 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the Cleveland City Court Established. Creation. Jurisdiction. Place of holding. Criminal cases. Civil cases. Costs. same, That the City Court of Cleveland, Ga., be and the same is hereby created and established. Said city court to have civil and criminal jurisdiction in all cases, except those of which the constitution of the State has given the superior court exclusive jurisdiction; said jurisdiction to extend over the entire county of White and said court to be held in the county court-house in the town of Cleveland, Ga. SEC. 2. Be it further enacted, That said City Court of Cleveland shall have jurisdiction to try and dispose of all criminal cases where the offender is not subject to loss of life or confinement in the penitentiary, committed in the County of White. SEC. 3. Be it further enacted, That said city court shall have jurisdiction to try and dispose of all civil cases of whatever nature of which the superior court of White County has jurisdiction, except those cases over which jurisdiction is exclusively vested in the superior court by the constitution and laws of this State. But in all cases in said city court where the principal sum involved is fifty dollars and up to one hundred dollars the costs shall be one half the costs in superior court cases of a similar nature. In all cases in which the principal sum involved is less than fifty dollars they shall carry, only, justice court costs. All other cases of a civil nature shall carry superior court costs. Provided, that said city court Jurisdiction. shall not have jurisdiction of civil matters outside of the militia district in which located, where the principal sum involved is less than twenty dollars. And judgment may be had at the first term to which any civil case is brought where the principal amount claimed does not exceed one hundred dollars and shall be heard by the judge of said court and judgment entered by him; unless either party shall demand a trial by jury in such cases. Said city court, however, shall have jurisdiction over the entire county, without reference to the amount involved, in trover suits and suits in tort. Judgment. SEC. 4. Be it further enacted, That the judge of said city Cleveland City Court Established. Election of court and the solicitor thereof shall be elected by the quali- judge and fied voters of the County of White and commissioned by the solicitor. Governor of this State. office. SEC. 5. Be it further enacted, That the terms of office of Terms of said judge and solicitor shall be for two years and shall be elected at the general election for members of the General Assembly in 1918 and that their terms of office shall begin January 1, 1919, and shall hold their offices for the full term of two years from such date and until their successors are elected and qualified. Vacancies in the offices of judge Vacancies. and solicitor shall be filled by appointment by the Governor for the residue of the unexpired term. That said judge and solicitor shall be elected by the qualified voters of White Election. County at the general election for members of the General Assembly every two years, to go into office January first following. Said judge shall receive a salary of four hundred dollars per year and shall be paid quarterly out of the treasury of White County by the proper person in charge of the funds of said White County. of judge. SEC. 6. Be it further enacted, That any person who shall be appointed or elected judge of said court must be, at the time of his appointment or election, at least twenty-five Eligibility years old, and must have been a resident of said county for at least three years next preceding his election or appointment and he shall also have been a practicing attorney for at least three years before his election or appointment and engaged in the active practice of the law. He shall, before entering upon the duties as judge, take and subscribe the following oath: "I solemnly swear that I will faithfully Oath of and impartially administer justice without respect to person, and do equal rights to the rich and to the poor, and so discharge and perform all the duties that may be required of me as judge of the City Court of Cleveland according to the best of my ability and understanding, agreeable to the constitution and the laws of this State, and the United States, so help me God." Said oath may be taken before the ordinary of White County and shall immediately thereafter be forwarded to the Governor and filed in the execu office. |