The Montgomery advertiser., 1906-12-17

WhehuST you COulQ make a QeIenudQl or respondent pay the attorneys fees of the complainant or petitioner or make their fees charge upon his property. It is doubtful if this statute Section 13 of the Constitution; but where the services of the attorney are for the common interest of the joint property, they can certainly be made part of the costs as well as the ser vices of the clerk or register, and it should be immaterial whether they are employed by the petitioner or respond ent. This statute was evidently taken from similar statute in the State of Mississippi and other States: and in order, we suppose. to prevent 1t vio- strued to mean what this statute Is now written: That the attorneys fees must be for the joint or common in. terest of the common property Section 2439 Is a new section; 1t Is l intended to give attorneys a statutory lien for their services and to prevent dishonest clients from resorting to dishonorabie means in order to prevent the attorney from collecting his just | fees and compensation for his services | This section Is entirely new and will have to be read to be fully compre- hended
 Chapter 5S. Automobiles. 244O-2443.
 This is new matter to this Code and l Is codiied from the Act of October g., 1903, D.. 497. Section 2: The remainder of tho Act was codified and transferred to the Criminal Code.
 Chapter 56. Bills and Notes. 2444-2474. The title of this chapter is new; that | part which Is taken from the Code of | 1898 was taken from the Chapters of | Change Bills" and "Choses in Action" 1 Article 1. Change Bills, Notes, Bonds and Instruments Intended to Circulate stituted Chapter 17 of the Code of 1896 | and IS unchanged.
 Article ?. Negotiable InstrumenIntts; | Commercial Papers. 244T-2451. The | of tcIe fr mi | of the chapter heretofore embraced In | Chapter of Chooses in Action" or per taining to negotiable instruments is
 Section 2iso ts72S is amended by making the birthday of Robert F. Lee and Jefferson Davis legal holidays, in accordance with the Acts of December i Article 8. Endorsement. Transfer, | Assignment of Bills and Notes. 2452- 1 2457. The title of this article is new, | but the subject-matter Is unchanged.
 Article 4. Acceptance. 245S2462. Ti- tie of article new, but subject-matter
 Article 5. Protest and Notice, 24ss- matter unchanged.
 Article (. Liability and Mode of Charging Tndorsers or Assignors of gs Sna NGtes e of not article new, but subject-matter is unchanged. 1 A bill is drafted and submitted with this report and it's passage by the Leg | islature requested, which, if done. will take the place of this chapter and will make the laws of this State uniform | with that of most of the other States :. The Commissioner did not feel at lib- 1 erty to insert 1t as a part of the Code for the reason that the Legislature has l several times refused to pass 1t.
 Chapter 57. Bills of Exceptions. 2475-
 2488.
 Section 2477 (614) is as amended by S section 247s-s4SS (siS-s2O), is a new section and is written to take the place of sections 616-620. The effect of this section is to fix the time definitely and unalterably when bills of exceptions may be presented and signed. The 1 time, fixed is within ninety days from the day of trial or the day on which judgment is entered. This gives ample l time for preparation and signing of l bills of exceptions without orders of 1 courts or agreements and makes the l law certain. There is prepared and submitted with this report a bill which 1 provides for court stenographers. which 1 If adopted and passed by the Legisla- ture, will greatly aid in the prepara- l tion of bills of exceptions During the last three years it may be said that at | least one-twentieth of the cases decid- ed by the Supreme Court involved the | question as to whether or not a bill of exceptions was signed within the time 1 provided for by law.
 Section 24S3 is a new section and is 1 intended to change the rule and to pro | vide that the appellate court can not ex nero motu strike bill of excep- tions from the file because it does not affirmatively appear that 1t was signed within the time required: but to pro vide that they may be stricken upon the motion of the party or his attor- ney Accompanied by an affidavit that they were not signed within the time required by law, or that the party or his attorney had not agreed or con | sented that 1t should be signed after the time provided for by law.
 Section 24S4 is new section which provides for an amendment of bills of | exceptions as is done in other plead ings or in other matters or parts of 'Hs Section ctiElu 24s5 (621), is as amended by Act of October 6. 1903. p. 3s6.
 Section 24S6 (622), Is as amended by Act of October 6, 1903, D. S9S, section 1. ChaDter 5S. Bridges. CauaeWays and
 Ferries. 24S7-25O5.
 Section 24SS is a new section. This section Is intended to make clear and certain the powers anl duties of courts of county ao'nmissio CTS as to bridges, causeways and ferries
 Section 24S9 (241O is amended by adding ferries" wherever bridges ar causeways" occur.
 Section 24s1 (25O1) is as amended by adding the clause after the word "proper". and prescribe the character 1 of the boat and power or manner of propelling same, and the length of time beyond which traveller shall not pc detainel "
 Section 25O5 is a new section intend ed to prevent conflict between this z. chapter and local laws in those which have special or local laws governing the subject.
 Chapter 5O. Chancery Courts. 25O6-- .. 26O2.
 This Chapter is divided into a6 arti, cles. whereas, heretofore it contained
 Article i. Chancery Divisions and Districts; Times and Places of Holding Courts, Special Terms. 25O6-2515.
 Section 25O6 (63O). This section is amended by the Act of Febuary 9S'
 Section 25O7 (s31). is as amended bv Act. of october g. 1903. D. 426, which changes the time of holding court in the 7th district of the Northern Divis- ion, as to Cullman County.
 Section 250S (632), Is as amended by Acts since the adoption of the last Code, of December 13 1898. D. 23. and oi | Febuary IS, 1901 p. 1155, Local Acts.
 Section 2509 (633l, is as amended by Act of February 23 1899, p. 1772
 Section 2510 C634), is as amended by
 Act of February 2S 1908. p. 10S- Section 2511 t6335). is as amended by Act of February 26, 1903, p. 70. Section 2513 (6S7), the phrase, unless , otherwise provided" added by the com I | missioner. - Section 2514 is a new section codi-
 fled from Act of February 20, 1899. p.
 236 section ,.
 Section 2515 is a new section and Is codified from Act of February 8, 1899
 D. S4, section 1.
 , Article 2 Jurisdiction of Chancery l Courts. 2516--2521. Title of this arti-