The Montgomery advertiser., 1906-12-17
anpeal Is reversed for want of ap-

to persons other than the defendant
 Section s3s33341 in the Code of iSsS are transferred to the chapter or Ex- cautions and Judgments"
 Section 4775 is new section ana provides for disposing Of obscure ana redundant matter in pleading.
 Section 47S0 is new and provides for hill of particulars where the pleadinSs are vague or too general in terms.
 Section 47se is new and provides for pleading and proof of payment made Nt or before maturity Of debt.
 Section 4790 is new and provides for pleading and practice relating to cases of the offer of satisfaction by delend- ant after suit brought in certain speci- Section 479s is new and provides a rule of practice as to justification in Section 4794 is new and provides for pleading matter in extenuation.
 Section 479S Is new and provides against frivolous demurrers in plead 5ection 4S05 (S3Os). The last clause added which authorizes the courts to prescribe the time in which the plead ings must be settled and the issue made up for trial.
 Section 1909 is new matter and pro- vides for the parties or attorneys stat ing their case to the jury.
 Section 4S10 Is new and provides for supplying omission in testimony be- fore argument Is concluded
 Section ASIA (3315). Rewritten: the
 
 read and compared with the original section to fully comprehend the chang es. The changes were intended to make the legislative intention clear and cer- tain. but in doing so the sense may have been changed.
 Section 4S1S Is a new section and is provision taken from the Act of oc- tober 12, 1903, p. 566, known as the 'Lusk Hill;" it simply provides that jury must be demanded in civil cases or else the questions of fact as well as those of law must be determined bv the court: In other words, 1t makes the same rule of practice applicable to circuit courts which prevails In most all of the city courts
 Section 4SI9 (33t9). the phrase "at any time" added after the word jury" in line three.
 Section 4S21 (3s21) Is as amended by Act of October 12, 1908, p. 56s. known Section 4S24 (S32S). Is rewritten so as to provide that the charges request ed must be presented to the judge be- fore he charges the jury, except ex- p1anatory charges; and the last clause thereof Is added to prevent the giving or refusal of charges working a re- versal where there Is and can be no injury resulting from the giving or refusal of such charges; the last clause possibly does not change the existing law, it Is simply to make 1t certain as to these specific cases.
 Sectio 4S25 is new and provides Tor the jury to obtain further instructions from the court after thev have retired for the consideration of the case Section 4S31 (3305). Rewritten so as Article 13 Amendments and plead ing Over. 4S3O-4S31. Title of article new. Section 1881 (33O5E Rewritten so as to extend the section to pleas in abate- ChaDter 124. Principal and Surety.
 4S45-4S51.
 The title of this chapter is new; it comprises matter heretofore embraced in chapter 'Sureties," with new matter added which will be pointed out.
 Article 1. General Principles and Rules Applicable to Principal and Section 4S45 is new and is declara- tory of the rule as to the relation or joint makers of notes to each other as principal and surety.
 Section 4846 is new and defines and declares the right of surety who mas paid debt.
 Section 4S47 Is new and provides that remedies given in preceding section are not exclusive.
 Section 4S4S is new and provide for tender by surety of debt.
 Section 4s49 is new and provides Tor process against the principal.
 Section 1850 is new ana provides for payment past due by surety.
 Section 4S51 Is new and relates to proof of suretyship.
 Section 1852 Is new and provides for cases where the surety Is sued sepa- =ately.
 section 1858 is new and provides. for cases where surety pays debt pending action against the principal and him Section 1854 is new and relates to contribution between sureties.
 Section 1855 is new and provides for indorser controlling judgment after he Section 4s56 Is new and provides for subroEation.
 Section 4S61 C8SS7l The sect,on IS extended to city courts and Justices court when such court has Jurisdiction of the original debt
 Article 1. Assignment of judgments. The title of this article is new.
 Section 4S70 (3SSS) is rewritten signment and subrogation by operation of law to the surety who has paid the Section 4S71 is a new section which provides that process shall issue in favor of surety or surety who have paid the. tudgment against himself and principal, and authorizing execution to issue in the name or the. plaintiff or complainant for the use of the par ty paying the judgment. and provides for collecting ratable proportions from Chapter I25. Probate Courts. 4s72-4OO4. Section 4S72 (3354. First Monday after second Tuesday in January" sub Btituted for the "3rd day of November" so as to make the time of the begin ming of the term uniform with State executive officers.
 Section 1884 is a new section codi- fled without material change from Act of October 6. 1903. D 397, Section l. Section 1885 is new matter, codified without change except as to phraseol- 7 ogy from Act of March 4. 1901. D. 1S6, Section 1. The criminal or penal part of the same act was codified ana transferred to the criminal code.
 Section 4SSS (336S). Is as amended by Act of September 29. 1903. p. 2S4. with some change of phraseologY and punctuation necessary for qualification. Section 490O (33S0). This section Is rewritten so as to extend it's proVis- Ions to pleading and practice In chan cery courts as far as practicable and of the court. The section as amended will have to be read and compared with the original section to Ncomprehend fully all the changes.
 Chapter 126. QuIeting Title. DeterIui-
 nation of Claims to Land. 40O0-
 The title of this chapter is new; the subject-matter is transferred from Ar ticle 1S of the chapter "Chancery Courts" of the Code of 1896.
 Section 1908 (S12} is rewritten from the amendatory Act of December 6, Section 1909 is a new section rewrit- ten from part of Act of December G, 1900. D. 3S, Section 1.
 Chapter 127. Quo WarrantO-ActiOns In
 Nature Of. 4911-4O33,
 This chaDter is unchanged. .-*. ~.+
 Chapter I2s. Railroads. 40s4-4O58.
 Section 4935 (344D Is as amended by Act of February 2. 1899 D. A. with the phraseology and grammatical con struction silently changed
 Section 4937 (3443) This section is amended or changed by the omission of the phrase "at any one or the places specified in the three preceding sec tions"; the effect of the amendment