Ib. Sec. 20. to former ent judge. said courts, and the judges thereof respectively; they shall have custody of the records and papers of the orphans' and county courts here. tofore established in their respective counties, shall perform the several duties now appertaining to the office of clerk of the county court, and be entitled to the fees now allowed therefor. § 3. All bonds and recognizances, which may have been given, or Bonds given made payable to the justices of any county court, or orphans' court, judge, to in- or to the chief justice of such courts, heretofore established by the ent jo pre laws of the Mississippi Territory, or of the Alabama Territory, or of this state, shall inure and be payable to the judge of the county court, of such county, and his successors in office, for the use of the county; and suits may be prosecuted, and judgments recovered thereon, in the name of such judge, or any of his successors, against all or any one, or more of the obligors to any such bond. Ib. Sec. 23. Appeals and writs of error may lie. Sec. 17. § 4. From any judgment or order final, whether in vacation or term time, an appeal or writ of error, shall lie to the circuit (1) or supreme court, in the same manner as upon judgments of the circuit courts. 1807-(20) § 5. The justices of the county courts during their terms shall, as General civil justices of the county courts of their respective counties, have jurisjurisdiction diction, and may take cognizance of all actions of a civil nature, in their courts. respective counties, wherein the value of the matter in controversy shall not exceed one thousand dollars, excepting however, real actions, actions of ejectment and trespass quare clausum fregit. of the county 1812-(1) Sec. 5. Appeals from justices of the peace. 1819-(6) Sec. 28. § 6. The county courts shall not take cognizance of any suit or de mand, where the matter in controversy is cognizable before a justice of the peace, except by appeal from such justice, or by certiorari. § 7. The said county courts shall, in addition to the jurisdiction heretofore given to the county court, and orphans' court, in the terri jurisdiction torial government, have concurrent jurisdiction with the circuit court, in all actions of debt, assumpsit, case, covenant, trespass, and assault and battery. Concurrent in debt, assumpsit, case, &c. [a 1822-(11) Sec. 4.] Sec. 7. tiorari and § 8. The judges of the county courts, within their respective coun 1822-(11) ties, shall have full power, concurrent with the power of the judges May grant of the circuit courts, to grant writs of certiorari and supersedeas, rewrits of cer- turnable to the county courts, under the same regulations now in supersedeas. force relative to granting the aforesaid writs by judges of the circuit courts: Provided, That nothing herein contained, shall be so con strued, as to take away from the circuit courts, jurisdiction of the aforesaid writs, granted by the judges of the circuit courts respectively. Ib. Sec. 13. § 9. If any person shall be appointed judge of any county court in this state, who was employed as counsel in any cause depending in said causes to be court, the said cause shall be removed to the circuit court of said elected judge, removed. 1831-(13) Sec. 1. Causes to be to circuit court, when county. § 10. If any suit shall be commenced, or be now pending, in any of the county courts of this state, where any of the parties thereto transferred shall be related to the judge of said court, by affinity or consanguinity, it shall be lawful for the judge of said court, to order the cause to be either party transferred to the circuit court of the county in which such suit may have been commenced; and it shall be the duty of the clerk of the coun ty court, in such case, to deliver all the papers in such cause, together with a certified copy of the order of transfer, to the clerk of the circuit court of said county. is related to the judge. (1) Circuit court affirming judgment of county court on writ of error, may render such judgment as the county court should have rendered, unless the record show matter requiring a trial by jury. Lane . T. and J. Kirkman, Min. Rep. 411. Cause so the trial § 11. It shall be the duty of the clerk of the circuit court to which b. Sec. 2. any cause may be transferred as aforesaid, to place the cause on the transferred to trial docket for the next succeeding term of said court; and from the be placed on time said papers may be so delivered to the clerk of any circuit court, docket. it shall in all respects, stand in the same situation as if it had been regularly commenced in said court, and it shall be tried at the next succeeding term, unless continued for good cause, as in other cases. To observe rules of prac 12. The same rules of practice, methods, and proceedings, shall 1819-(6) be had, kept, and observed, by the county courts, and the officers Sec. 31. thereof, in granting, issuing, executing, and returning process, and the same awarding judgments on judicial attachments, and the like remedy, re-tice, as in the covery, and relief against the sheriff and bail, as in like cases are pro- circuit court. vided by law, in suits depending, or to be commenced, in the circuit courts within this state. solidated. &c. 13. The county courts hereby established and organized, shall be Acts conheld by the respective judges thereof twice a year in each county in 1821—(4) the state; each session shall continue twelve judicial days, unless the Sec. 1. business thereof be sooner completed, except as hereinafter specified; and said session shall commence as follows, to wit: In the county of Autauga, on the second Monday in February and August. Baldwin, on the third Monday in January and June. Barbour, on the second Monday in February and August, and continue Benton, on the first Monday in May and October. Conecuh, on the first Monday in February, and third Monday in Coosa, on the first Monday in June and November. Covington, on the first Monday in February and August. Dale, on the third Monday in June and December, and continue six Dallas, on the first Monday in February, and on the Wednesday after Franklin, on the first Monday in June and December, and continue Greene, on the fourth Monday in May, and second Monday in November, and continue six judicial days. Henry, on the second Monday in June and December, and continue six judicial days. Jackson, on the second Monday in February and August. Jefferson, on the fourth Monday in February and August, and continue six judicial days. Lauderdale, on the fourth Monday in January and July. Lawrence, on the third Monday in January and July. Limestone, on the second Monday in June and December. Marengo, on the second Monday in February and August, and con- Courts, when held. Marion, on the fourth Monday in May and November, and continue six judicial days. Ib. Sec. 20. Bonds given judge, to inunt for to former ent judge. Sec. 17. said courts, and the judges thereof respectively; they shall have custody of the records and papers of the orphans' and county courts here. tofore established in their respective counties, shall perform the several duties now appertaining to the office of clerk of the county court, and be entitled to the fees now allowed therefor. § 3. All bonds and recognizances, which may have been given, or made payable to the justices of any county court, or orphans' court, or to the chief justice of such courts, heretofore established by the laws of the Mississippi Territory, or of the Alabama Territory, or of this state, shall inure and be payable to the judge of the county court, of such county, and his successors in office, for the use of the county; and suits may be prosecuted, and judgments recovered thereon, in the name of such judge, or any of his successors, against all or any one, or more of the obligors to any such bond. Ib. Sec. 23. § 4. From any judgment or order final, whether in vacation or term Appeals and writs of error time, an appeal or writ of error, shall lie to the circuit (1) or supreme may lie. court, in the same manner as upon judgments of the circuit courts. 1807-(20) § 5. The justices of the county courts during their terms shall, as General civil justices of the county courts of their respective counties, have jurisjurisdiction diction, and may take cognizance of all actions of a civil nature, in their respective counties, wherein the value of the matter in controversy shall not exceed one thousand dollars, excepting however, real actions, actions of ejectment and trespass quare clausum fregit. of the county courts. 1812-(1) Sec. 5. § 6. The county courts shall not take cognizance of any suit or deAppeals from mand, where the matter in controversy is cognizable before a justice of the peace, except by appeal from such justice, or by certiorari. justices of the peace. 1819-(6) Sec. 28. Concurrent § 7. The said county courts shall, in addition to the jurisdiction heretofore given to the county court, and orphans' court, in the terrijurisdiction torial government, have concurrent jurisdiction with the circuit court, sumpsit, in all actions of debt, assumpsit, acase, covenant, trespass, and assault and battery. in debt, as case, &c. [a 1822-(11) Sec. 4.] 1822-(11) Sec. 7. § 8. The judges of the county courts, within their respective counties, shall have full power, concurrent with the power of the judges May grant of the circuit courts, to grant writs of certiorari and supersedeas, rewrits of cer- turnable to the county courts, under the same regulations now in supersedeas. force relative to granting the aforesaid writs by judges of the circuit tiorari and Ib. Sec. 13. courts: Provided, That nothing herein contained, shall be so construed, as to take away from the circuit courts, jurisdiction of the aforesaid writs, granted by the judges of the circuit courts respectively. § 9. If any person shall be appointed judge of any county court in this state, who was employed as counsel in any cause depending in said causes to be court, the said cause shall be removed to the circuit court of said elected judge, removed. 1831-(13) Causes to be to circuit county. § 10. If any suit shall be commenced, or be now pending, in any Sec. 1. of the county courts of this state, where any of the parties therew transferred shall be related to the judge of said court, by affinity or consanguinity, court, when it shall be lawful for the judge of said court, to order the cause to be either party transferred to the circuit court of the county in which such suit may have been commenced; and it shall be the duty of the clerk of the county court, in such case, to deliver all the papers in such cause, together with a certified copy of the order of transfer, to the clerk of the cir cuit court of said county. is related to the judge. (1) Circuit court affirming judgment of county court on writ of error, may render such judgment as the county court should have rendered, unless the record show matter requiring a trial by jury. Lane v. T. and J. Kirkman, Min. Rep. 411. Cause so transferred to the trial 11. It shall be the duty of the clerk of the circuit court to which ♫ Sec. 2. any cause may be transferred as aforesaid, to place the cause on the trial docket for the next succeeding term of said court; and from the be placed on time said papers may be so delivered to the clerk of any circuit court, docket. it shall in all respects, stand in the same situation as if it had been regularly commenced in said court, and it shall be tried at the next succeeding term, unless continued for good cause, as in other cases. To observe rules of prac § 12. The same rules of practice, methods, and proceedings, shall 1819-(6) be had, kept, and observed, by the county courts, and the officers Sec. 31. thereof, in granting, issuing, executing, and returning process, and the same awarding judgments on judicial attachments, and the like remedy, re- tice, as in the covery, and relief against the sheriff and bail, as in like cases are pro-circuit court. vided by law, in suits depending, or to be commenced, in the circuit courts within this state. solidated. &c. § 13. The county courts hereby established and organized, shall be Acts conheld by the respective judges thereof twice a year in each county in 1821-(4) the state; each session shall continue twelve judicial days, unless the Sec. 1. business thereof be sooner completed, except as hereinafter specified; and said session shall commence as follows, to wit: In the county of Autauga, on the second Monday in February and August. Baldwin, on the third Monday in January and June. Barbour, on the second Monday in February and August, and continue Benton, on the first Monday in May and October. Conecuh, on the first Monday in February, and third Monday in Coosa, on the first Monday in June and November. Covington, on the first Monday in February and August. Dale, on the third Monday in June and December, and continue six Dallas, on the first Monday in February, and on the Wednesday after Franklin, on the first Monday in June and December, and continue Greene, on the fourth Monday in May, and second Monday in November, and continue six judicial days. Henry, on the second Monday in June and December, and continue six judicial days. Jackson, on the second Monday in February and August. Jefferson, on the fourth Monday in February and August, and continue six judicial days. Lauderdale, on the fourth Monday in January and July. Lawrence, on the third Monday in January and July. Marengo, on the second Monday in February and August, and con- Courts, when Marion, on the fourth Monday in May and November, and continue six judicial days. held 1807-(20) Sec. 23. Unfinished Mobile, on the second Monday in February and June. Monroe, on the third Monday in January, and second Monday in Montgomery, on the second Monday in May and November. Perry, on the Wednesday after the first Monday in February, and Pickens, on the second Monday in June and December, and continue Pike, on the first Monday in June and November. Sumpter, on the second Monday in January and July, and continue Talladega, on the second Monday in June and November. Tallapoosa, on the first Monday in June and November. Tuscaloosa, on the third Monday in January and July, and continue Walker, on the fourth Monday in January and July. § 14. If the business of any of the said county courts cannot be completed, ended, and finished, within the time limited for holding the business to sessions thereof, all such actions, causes, and matters, that shall be be laid over. depending in said court, shall remain undetermined, and be laid over to the next succeeding term. Ib. Sec. 24. uance of cau § 15. None of the said county courts, nor any process in any of No discontin- them depending, shall be discontinued for or by reason of the justices' ses, for fail failing to hold court upon the day by law appointed, or of any alterabut business tion of any of the days appointed for holding the said courts; but in to stand con- such case, all such process, matters, and things depending, tinued to suc- every ceeding term. shall stand continued, and all appearances upon returns of process, ure of court; Sec. 1. shall be made to the next succeeding term in course, in the same manner as if such succeeding term had been the same term to which such process had stood continued; or such returns, or appearances, had been made; and all bonds and obligations for appearances, and all returns shall be of the same force and validity for the appearance of any person or persons, at such succeeding term; and all summonses for witnesses as effectual, as if the next succeeding term had been expressly mentioned therein. JURISDICTION AND DUTIES, WITH RESPECT TO CONVEYANCES, WILLS, 1806-(1) § 16. The justices of the county court of each county in this terriCounty court tory shall, during the time of their holding such county court, hold and to hold an or- keep a court of record, to be styled and called "The Orphans' Court of the said county," for taking the probate of wills, and granting letters of bate of wills, administration on the estates of persons deceased, being inhabitants of, phans' court. To take pro &c. 1 Originally, "within six days from the commencement of the court." The sessions of all the courts were then restricted to six days. It is altered to correspond with the enlargement of the terms. |