§ 9-9-41. Court may be abolished in certain counties.
295 words·~1 min read·
/ms/title-9-courts/chapter-9-county-courts/9-9-41·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In any county in which there is a city of more than thirteen thousand six hundred inhabitants and less than fourteen thousand inhabitants, as shown by the next preceding regular federal census, and having a county court established by Section 9-9-1, the board of supervisors shall, on petition of not less than twenty per cent (20%) of the qualified electors of said county, call an election for the purpose of ascertaining whether said court shall be abolished. Said election shall be held in the manner provided by law for holding general elections and at least three weeks’ notice thereof shall be given by publication in some newspaper having a general circulation within the county.
The tickets used at said election shall have on their face the following:
For abolishing the county court of_______________county ( )
Against abolishing the county court of_______________county ( )
and the voters shall vote by placing a cross mark after one of said
propositions.
In the event a majority of the qualified electors of said county voting in said election vote in favor of the abolition of said court then the same shall immediately cease to exist and the clerk of the circuit court shall transfer all cases pending on the docket of said court. Those cases involving misdemeanors or amounts under two hundred dollars shall be transferred to the proper justice of the peace and those involving over two hundred dollars shall be transferred to the circuit court of the county.
In the event said county court is abolished as hereinabove provided, all executions or garnishments issued on judgment rendered by said court shall be returnable before the circuit court of the county and shall be disposed of just as if the judgment had been rendered by said circuit court.