The Montgomery advertiser., 1906-12-17

edy the defect or who Committed the negngent act causing the injury com pialned or. The effect of this amend l regard to the assumption of risk by tne servant under the employers lia- l Dility act. as now declared py our Su- little certainty or stability ana q great the supteme Court of the United States as our own U upon s sr this question. Ssss The The commissioner has attempted to make II certain by statute. but II is a ques- different opihions tSe anS for aS that M reS Se son, it should be well considered. by the Legislature before 1t is adopted. The other part of the cnapter Is un- Chapter sl. Errors in Settlement In
 Probate Court, Bills in ChanceFy
 to Correct. 843J-343s.
 The title of this chapter is new, it constituted article 1s of the chapter "Chancery Court" in the Code of 1896. The subject matter is unchanged.
 Chapter S2. Eseheats. s430~3447.
 This chapter is unchanged. 1 Chapter s3. Estrays and Animals Ram f ni:g ut Large. 344s-S4S0. tossa section Sa, Sads dsudis is new ana proyides | ter.
 Chapter s4. Evidence. s4sO-ss5s. | This chapter Is divided into thirteen articles wheras heretofore it contain
 Article 1. General Principles and Rules. 3480-352s. Section 34s1 fs new and declares oath or affirmation neces-
 Section 84s2 is new and provides rules for memorandum In aid of witt
 Section 3lSs is new and declares the. rule as to opinion of witness as evidence.
 section s4s4 is new and provides for market value.
 Section s4s5 is new and provides for proof of state of feeling and relation 1 ship of witness.
 Section s4s6 Is new and declares rule as to declarations of deceased persons as evidence.
 Section 34s7 Is new and declares rule as to matters of public interest being sdm,ssinie aase as hearsay evtdence; .d marks.
 Section 34ss-s4so declares rule as to testimony of witness on former trial
 Section 3491 Is new and defines ad- missions and confessions.
 Section 34q2 Is new and provides for admissions in pleadings as evidence.
 Section 3493 is new and provides for admissions improperly obtained.
 Section 34S5 is new and declares the effect of silence as evidence.
 Section 3496 is new and provides for evidence of the entire conversation where parties introduce a part there
 Section 34s7 is new and defines and l'declares rule of evidence as to confi~ dential communications. Section 3498 is new and provides for communications between attorney and client as evidence.
 Section 3499 is new and provides when grand juror may disclose evi- dence.
 Section $500 and s5o1 are new and l declare the rule of evidunce as to con- temporaneous evidence in writing.
 Section 3S02 discloses the object of all evidence.
 Section s50s is new and defines com potent, sufficient, cumulative, direct, in- direct circumstantial and presumptive evidence.
 Section s504 is new and defines pre- ponderance of evidence. | Section 3505 is new and provides how preponderance of evidence may be de- termined.
 Section 35os Is new and defines and declares the rule as to presumptfonE of law and fact.
 section 35O7 Is new and relates to prima facie evidence.
 Section 350s is new and defines re-
 ction 350g is new and relates to the best evidence.
 Section 35i0 is new and defines pri- mar and secondary evidence
 Section 35I1 Is new and declares rule as to when secondary evidence IS
 Section s512 is new. and declares de-
 
 Section a513 Is new and declares that existence, of genuine document essen tlal to prove copy.
 Section 3514 is new and provides for | proof of Identity
 Section s515 Is new and relates to evidence of regestae. Section 3516 is new and relates to proof of void instruments. Section 3517 Is new and relates to instruments as evidence which did not purport to contain all the adaptations or contract
 Section 351s is new and provides for proof of surrounding cIrcumstances
 Section 3519 is new and relates to proof of usuage as evidence. Section 3520 is new and enumerates certain cases in which parol evidence l is admissible. Section S52l is new and declares the ! rule as to receipts. Section 3522 Is new and relates to proof of blank Inducements. While most all # this article Is new matter to the Code itself. 1t is not intended to change the rules of law in this state; but each section is more l ly 8 definite or declaratory of the law as 1t now exists and is Intended mere ly to formulate it and make 1t certain and available for the use of those who may use the Code and are not pro- vided with other books containing the principles announced. They are taken l largely from the Georgia Code and from the decisions of our Supreme Court.
 Article 2, Documentary Evidence and Proof Of. 35233569. The title of this article is new; 1t embraces a collection of those statutes of the presnt Code relating to documentary evidence and the proof thereof together with the statutes regulating the same, and some new provisions inserted by the Commis-
 Section s52s (17ss). The words tor clerk, inserted after tho word judge"
 section s527 1sOS), The words .or against" are added after the word by" in the first and second lines. Section 3529 is a new section and Is codifed from the Act of February 23, 1899, p. 225; 1t regulates the practice and mode of proof in suits upon ac-
 Section s5sO Is a new section and is intended to provide an expedient mode of dispensing with proof of ex- ecution of documents about which there is no real contention.
 Section 35s7 Qs12). This section is to meet the decision of the Supreme Court in the case of Hammond Blue 132 Alabama 337.
 Section s541 tis1s), The phrase .'or parts thereof' in third line is added.
 Section 3542 1S17), The phrase. 'or other evidence of title to lands in the thereof" in 6ourth line is added.
 Section 3545 (1S20), The word leg islature" is substituted for general assembly,"
 Section S549 is new and provides for bill in certain cases. Section 355O is new and provides for proof of dishonor of bills and notes
 Section S551 is new and provides for