The Birmingham age-herald., 1903-10-14

Section l. Be 1t enacted by the Legis- lature of Alabama. That in all civil cases commenced in said court by summons and complaint the defendant shall be re- quired to appear and demur or plead tc the complaint within thirty days after the service of the summons and complaint up- on him, whether such service be in term time or vacation: and in all c1ses at law, commenced by attachment, the defendant shall appear and demur or plead within thirty days after the levy of attachment and service of notice thereof or in case the suit is against a nonresident or oth- CT person upon whom service may be had by publication, within thirty days after service Is perfected by such publication; and in all other cases at law the defend ant must appear or plead and demur within thirty days after perfection of such service upon him: and in all cases at law. whether commenced by summons and complaint. attachment. or otherwise the defendant failing. for more than thirty days after service has been perfected up- on him. to appear and demur or plead shall be held to be in default. and at any time thereafter Judgment by default on motion of the plaintiff may be rendered against him. provided, however. that the court may. for good cause shown. allow such judgment SD obtained by default, to
 
 he filed on such terms as the court may think just; but no application to set aside such judgment unless it be for some re- versible error committed in the rendition thereof. shall be entertained by the court unless accompanied by an affidavit by the defendant or his agent or attorney to the effect that in the belief of the afiant the defendant has a lawful defense to such suit
 Sec. 2. That all garnlshments issued from said court shall require an answer thereto within thirty days after the ser vice thereof; and upon a failure of any garnishee to make answer within thirty days he shall be deemed in default and a Judgment nisi may be rendered against him upon a motion of the plaintiff If the plaintiff Is otherwise entitled to such judgment nisi, and unless otherwise or dered by the court, all citations, rules, writs of scre facias and notices issuing rom said court shall require the party against whom they are issued to appear and plead within thirty days after the service thereof. if the citations or notices are to be given by publication within thirty days after the perfection of ser vice by publication and all cases whether commenced by summons and complaint, attachment or otherwise shall be deemed and taken to be at issue and triable upon the appearance of the defendant and his pleading, or if he does not appear within thirty days after the perfection of ser vice upon him at the end of such thirty days.
 Sec. 3. That all original and nesne pro- cess notices, citation and writs of scire faelas, shall be executed instanter, and unless otherwise provided by law shall be returnable immediately upon the exc cution thereof by the officer executing the same, and all executions writs of fieri facias, and writs of renditioni exponas, is- suing from said court shall be made re- turnable ninety days after the issue tAere- 2 Of
 . Sec. l.. That all cases brought by ap- peal or certiorari from justices of the peace or other inferior courts to said court shall stand for trial when reached on the regular call of the docket at any time after thirty days notice of the talk ing of such appeal shall have been given to the adverse party, as required by law.
 Sec. g. That all bills of exception relat- ing to the trial of causes, civil and crim- inal, in said court must be signed by the presiding judge of said court within thirty days after the day on which the issue of issues of fact to which said bill of excep- tons relate was tried. unless the time for signing such bill of exceptions is ex- tended by agreement of parties or by or der of the presiding judge as now author ized by law. respecting the signing of bills of exceptions in the circuit court.
 Sec. 6. That final judgments and de- crees rendered in said court shall, after the expiration of thirty days from their rendition, be taken and deemed as com pletely beyond the control of the court as if the term of said court at which said judgments and decrees are rendered. had tI,a nd ofe eoiI frtt Iav vided. however, that nothing herein con- tained shall prevent parties from apply ing for new trial or rehearng within said thirty days or destroy or change the effect of motions for new trials or re- hearings when so made or shall prevent parties from applying to said court for a rehearing under the statute authorizing application for rehearing in the circuit court, or shall prevent the court from retrying any cause under Section 33n of the code of Alabama or shall prevent the court from the exercise of any power or jurisdiction conferred upon the circuit court touching final decrees and judg- ment
 Sec. T. That all the witnesses in at- tendance upon said court must prove their attendance within five days after the ter imitation of the trial of the cause in which they were subpoenaed or called to teStlIy, ana unless they prove lnelr attendance within that time, their fee shall not be taxed as costs nor shall they be recoverable against either party.
 Sec. B. That In the trial of any cause at law in said court, in addition to the questions may be, under existing laws presented to the Supreme Court of the State for review, either party may by bill of exceptions. also present an appeal for review, the conclusions and judgment of tha he a,I tho Supreme Court shall review the same without any presumption in favor of the court below on the evidence, and in such case, if they find that there is error, they shall render such judgment in the cause as the court below should have rendered, or reverse and remand the same for fur ther proceedings as to the Supreme Court shall seem right
 Sec. 9. That after ten days from the rendition of any judgment or decree un- less otherwise directed In said judgment, the clerk and register of said court shall issue execution, returnable, as hereinbe- fore provided. Provided. however that nothing herein contained shall prevent any person from having execution issued within said ten days, upon making an- davit as now provided by law, in relation to the issue of execution upon judgments In the Circuit Court and provided, fur ther. that nothing herein contained shall prevent the superseding of execution af- ter the issue thereof upon filling as now required by law.
 Sec. 10. At once after the passage of this act, the Commissioners of said Coun- ty must proceed to draw from the jury Iz- <bo vov,aa of fha raouiaita r1t1r,har