The Montgomery advertiser., 1903-10-23

places of holding courts.-The Circuit Courts in the Sixteenth Judicial Circuit shall be held in each year. as follows: i. In the County of Limestone, on the second Monday in January. April, July and October, and may continue three weeks at the first and third terms. and two weeks at the second and fourth terms, each year 2. In the County of Madison. on the first Monday in Febru- ary. May. August and November, and may continue until the Saturday before the first Monday in January, April, July and October.
 s77. d. Seventeenth Circuit: times and places of holGi1g courts: The Circuit courts in the Seventeenth Judicial Cir cult shall be held in each year as foi- lows: In the county of Cherokee. on the second Monday in January. April, July and October. and may continue three weeks at the first and third terms and one week at the second and fouth terms, each year. 2. In the county of DeKalb. on the third Monday after the second Monday in January, April. July and October and may continue three weeks t the first and third terms, and one week at the second ana fourth terms, each year. 3. In the county of Jackson, on the sixth Monday after the second Monday in January, April, July and October, and may continue four weeks at the first and third terms. and two weeks at the second and fourth terms each year. In the County of Marshall. on the tenth Monday after the second Monday in January. April July and October, and may continue three weeks at the first and third te-ms, and two weeks at the second and fourth terms, each year. 912 G58. When the courts to he opened.-- The courts of the several ju1ipial CircuitS chaIl hA ed before Il o'clock q. m. of the first Mon day of each term. 913 C5). When crim- inal docket to be taken up-Tha crim- inal dockets of suci; courts shall be taken up, when the terms of the court, is for two weeks. onfhe second Monday of the terms, and when the term is for thre 2 weeks or more, on the third Monday If the term, unless otherwise ordered by the court or judge in term time or vacation, and then as may be so ordered. 914 C752) t652l. Special terms.-Whenever in the opinion of the judge of the circuit. wheth- CT in term or vacation, an adjourned or special term of the Circuit Court in any county in the circuit of which he is judge is necessary, he may, by an order signed by him, and en- tered on the minutes of such court in term time or. vacation direct said court convened either immediately or at such day as he may designate. At such term of said court either on tt e convenng thereof or at any time during the sitting thereof, the court may order and organize a grand jury which shall have and exercise all the powers of grand jury organized at a regular term of the court. The court may at the same time order and organize a petit jury or 5uries. Such grand and petit juries for such adjourned or special terms of court shall be drawn by the said court entering on the minutes thereof an order to the Sheriff to bring the jury box for sai1 county into the court. The judge shall then in open court draw from the fury box such number of names as in the Judgment of the court should be drawn to constitute the number of grand and pe'it turies so ordered by the court within the number required or authorized for such juries at regular terms of said court and direct the issue of all propeS Venires therefor. Such adjourned or spe- cial terms of the court may continue as long as in the opinion of the judge there- of the business therein and the public good require. 915 (75S) (653). Notice of spe- cial term; order of business-The order of business in said court shall be: all cases pending in said court at the time said order is made, shall, if at issue, be triable at any time after five avs from the making of such order. The court shall at the time of making such order for such adjourned or special term of said l court designate such order of business as | ne deems right and proper either by a | general rule, such as all civil or criminal | cases. one or both, or all cases civil and | criminal, up to such number or a special order or designation of the particular cases which order may be changed, modified or enlarge by the court at any time. 916 (754) (661) C750 (630. The clerk shall immediately after said order for a special term is made, mail to each party and his attor- ney of record in any case subject to trial at such term, a copy of such order. ad- dressed to such party or attorney at the postoffice nearest his residence, if known, duly stamped. No subpoenas shall issue for witnesses in any civil or criminal case at such adjourned or special term when already subpoenaed unless so ordered in writing by the party desiring the same. 917 C755] (75l). All executions and other process on judgments rendered at any term may issue at any time, after ten days from the rendition of judgment, as though the term had adjourned sine die i; and all executions and other process of judgments rendered at the special or ad- journed terms shall be returnable at the next regular term, if more than thirty
 
 regular term thereafter. 917 a. That in all civil cases. all issues of fact shall be tried by the judge without jury, un- less the plaintiff at the time of filing his complaint or the defendant his first plead ing, or within the time allowed by law for pleading, files a written demand for a trial hy a jury. That in the trial of any cause without jury in addition to the questions which may be under the exist ing laws presented to the Supreme Court for review. either party to the cause may by bill of exception. also present for re- view the conclusion and judgments of the court on the evidence and the Supreme Court shall review the same without any presumption in favor of the court below on the evidence and if there be error shall render such judgment in the cause IS the court below should have rendered or reverse and remand the same for. further proceedings in said court as the Supreme Court may deem right. The finding of the court on the facts shall be subject to review without an excep- ton thereto. 91F h. The court may by rules prescribe the time in which the nleadings In causes may be settled 917 c. That the provisions of this act shall take effect from and after its passage; pro- vlded. however that at the general cleo ton in November. 1904. a judge and sol- citor for c1ch Of said juricial circuits and divisions thereof and above set out and provided for, shall be elected bv the qualified electors thereof who shall hold their respective offices for tbe term of six years as provided in the constitution and who must reside in the circuit for which thev are eleSred twelve months preceding SIch election. and during their contin-