The Montgomery advertiser., 1906-12-17

1t constituted Article f4 m chapter 'GahaneSery asn,Sey SCoyrts.s iT the code of 1898. s section SzSf (SlSb rewritten The creditor from filing bill in eases of mere voluntary conveyances by solvent parties, which could not of course be fraudulent in effect.
 Chapter 72. Damages. ssAs-s78s.
 The title and subject-matter of this chapter are entirely new; 1t simply de- fines and declares certain principles of law applicable to damages. Section 3243 announces the general rule as to damages; that they are compensation for Injury dona
 Section 3244 provides for damages for asgravatlng ctrcumstances.
 Section 3245 defines and declares the rule as to vindictive damages.
 Section 3246 provides for necessary expenses consequent from the injury as an element Of damages.
 Sections 3247, 324S and 3249 declare Quental damages.
 Section s25o declares and defines re- mote damages.
 Section 3251 provides for damages against joint trespassers.
 Section 3252 provides for contribu- tion as between joint trespassers,
 Section 3263 declares, the rule of damages for highest amount proven between conversion and time of trial. Section 3254 declares and defines the timber cut
 Section s255 provides for nquidated damages.
 Section s25s provides for damages in the nature of penalties.
 Section 3257 declares when remote lowed.
 Section s25s deals with damages for breach of contract In contemplation of parties.
 Section s259 provides for interest up- on damages.
 Section S2s0 provides for nominal damages in eases of breach of con- Section s2s1 provides damages for breaches of covenants of warranty to land.
 for breaches of covenants in bonds for title. -
 Section .s2s3 provides for necessary expenses in complying with contract as damages.
 Chapter 53. Defamation, Libel and sIam-
 der. 32S4-32T2.
 Libel and Islander" added to the title of this chapter.
 Section 326s t1441) Is as amended by Act of February 20, 1893, p. 32.
 Section 3269 and 327O are new; the phraseolog~ slightly changed but based upon Act of February 20. 1899 Chapter "A. Descents and Distrihutlom, Article 1. Descents. s27s-s2ss
 Section 32S3 is new and is added to meet decision of the Supreme Court in the case of Andrews vs. Hall. 15 Ala, Section 32s4 Is new and is intended to prevent murder and manslaughter by those who expect to take the prop erty by will or inheritance.
 Section 52ss t2534). The last clause of this section as it appeared in the Code of 1898 Is omitted as it was no longer applicable to the laws of this State.
 to make provision for descent and dis tribution to slaves or free persons and their descendants in this State, which under the decisions of our Supreme Court seems not to have besn pro- Article 2. Advancements. s2sT- 3297 is unchanged.
 Chapter 75. Detimue. S2Ds-3315.
 Section 3299 is new and provides when plaintiff may elect to recover erty
 Section Ss01 is new and provides for sale of the property when 1t is seized and not taken posse#a.an of by the parties and when 1t is expensive to keep as Is cases of attachment.
 Section 3303 Is new and provides for the disposition of the specific prop ertg after judgment in the specific
 
 Section S806 is new and provides a form for writ of attachment, distrIngas or if. ia. In specific cases.
 Section S307 is new and simply pro- vides that the issuance of the writ of one kind does not bar another unless there is satisfaction or the juds- ment.
 Section 3312 (147s), is rewritten so as to make the statute more definite and certain as to it's effect Chapter T0. Divorce and Allm0ny. 33f4-
 SS3S.
 The act approved December IA, 1898, D. 118 providing for decrees in vaca- tion in divorce proceedings Is made applicable to all decrees, codified and placed in chapter of "Chancery Courts"
 of February IS, 1903, p. 49. but it Is entirely rewritten and changed mate rially and will have to be read to be comprehended; 1t declares the rights of parties to remarry after divorce.
 Chapter 77. DOweP. 3354-S35D.
 Article. In What Dover Consists, and How Relinquished. 3334-3S5s.
 Section Ss39 is new and provides that a sale or partition of land of tenants in common shall bar dover.
 Section Ss4O (15OS). is rewritten and provides that separate acknowledge ment of the wife to the homestead shall be sufficient to relinquish or bar dow- Article 2. Assignment of Dover Section ss5s (1526). The words "vol- untary or involuntary" are substituted before the word "alienation" in line Section 8S59 (152s), The word vol untary or Involuntary" are substituted before the word "ailenee" in line three.
 Chapter 7S. Eiectment, 3S0O-S3S1.
 Section 3362 Is new and provides for the recovery of mesne profits for use and occupation or for waste, which is made to meet the conflicting decisions of the supreme court upon that sub- ject; some holding that damages in the nature of waste may be recovered in ejectment, and some holding the Section sss5 t15Ss) is rewritten so as to provide that the plaintiff must take issue upon the plea of disclaimer so that disputed boundary lines may be ascertained and settled in an action of ejectment; this is to meet defect pointed out by Judge Stone in the case of Mcqueen vs. Lamper, 74 Ala, 4OS, and afterwards by Judge Denson in report to the Bar Association.
 Section 3371 (l639) is as amended by the Act of February IT., 1899. p. Ss, Sec Section 3ssO (1554). the word "one" substituted for two" wherever the same occurs in the statute. Chapter 70. Eminent Domain. 33S2-3431. 3ss7 (171D, are as amended by Act of October 1, 1903. D. 374, Sections 1, ? and 3 respectively of said act
 Sections 33sS 33s9 and 3390 are new. based upon Section 3 of the same act, Section 3391 G7lS) Is as amended Sections 1892, s35S, SS94 and 3395 are new sections and are rewritten based upon Section of the same act
 Section S3S6 171s) is as amended