The Montgomery advertiser., 1906-12-17

] Section s5e7 and Section 356S emu merate exceptions to the rule of prov Ing execution by subscribing witness
 Article 2. Witnesses Competency Of: Who May Testify s57o-ssSl. Title of
 Section s57l t17s5) is amended by substituting the phrase "of crime in- volytng moral turpituder for the phrase Tor other infamous crime" to meet the decison of the Supreme Court | In the case of Gordon V. State, 140, Alabama, 29: smith V. State. 129 AlaS
 Section s57a Is new and relates to evidence of experts k5 1 Section 3575 is new and provides who determines competency of wits
 Section 357s is new and relates to competency of attorney as against
 Section s577 Is new and relates to competency of idiots as witnesses.
 Section 357S is new and relates 10 competency of drunkards.
 Section S579 Is new and provides for inspection of witnesses as to compe- tency.
 Section S5so is new and relates to restoration of competency when once | incompetent.
 Article {. Witnesses, Examination of. 35Se-35S5
 Title of subjeet-matter of this article new. Section 35S2us new and provides for II
 Section 3683 is new and is intended to prevent improper or harsh examina- l ton Of witnesses.
 1 Section 35s4 is new and provides for cross examination of witnesses.
 section S5S5 is new and relates to | leading questions. 3hS6-3592
 The title and subject-matter of. this article Is new.
 Section 35S6 is new and provides for | lmDGachinR ones oun wftnaER L. Section S5S7 is new and provides for tmpeaching witness by disproving facts
 Section S5ss is new and provides for lmpeaching witness by contradictory
 Section s5ss is new and provides for impeachment of witness. by proof of general bad character. l Section 359O is new and relates to credibilfty of witnesses generally.
 what % credit 0 or credencs sS shai @ be gi9en to the testimony of and impeached witness
 |, Section s592 is new and relates to the construction of the article as whole ssss. ''''S '' uO'' AN''uueu' "psH Title and subject matter are each new, and is intended to exclude the public from trials in certain cases where evidence is necessarily vulgar l or obscene.
 Article !. Producing Testimony by Subpoena, 35943603.
 Section 3597 is new and provides for Eexecuting process by officers in ad- courts. to prevent delays.
 Article 8. Procuring Testimony by Deposition. 3604- 3620.
 This article is unchanged.
 Article 9. Waiver of Commission. The title and subject matter are new and provide mode for taking deposition by agreement.
 Article 10. Examination of Parties by Interrogatories, 3623-s631. 1 Section 362S (1S5U.) rewritten so as to apply to courts of equity as well as
 Sections Ssa4 t1s51,) ss25 tlsS2,) are amended so as to apply to courts of chancery as we'll as courts of law.
 Section 3629 (1S5e,) is amended so as to apply to courts of chancery as well as courts of law, While there is in chancery by interrogatories, 1t was thought we'll by the commissioner, to ! have both modes applicable.
 Article II: Rsguiring the oPrsodnsotioD
 Section Ss32 (ls59l the word 'docu~ ments" is added after "books" and the words custody and controi' added
 Article 12. Subpoena Dnces Tecum
 Titie of this article and suBject-mat.
 Section Sssl is new and provides mode of production of papers required | by subpoena duces decum. Section 3e35 is new and provides I penalty for failure to obey subpoena | duces tecum.
 Section 56Ss is new and provides for secondary evidence where production Section 363f is new and provides for transcript of books and documents to be used Tn certain cases.
 Section 363S is new and provides for examination by commissioner of books where transcript is produced but verity of same is doubted or denied. Il Article 13. Proceedings to Perpetu- ate Testimony. s6S9-ss55
 Section Ss47 1S69,) the word Cor" safter prosecution, and before "a de. I which was evidently a typographical error in the former Code. | 36S4-374S.
 Two new articles are added to this
 Article 1. Form of Executions; by | Whom and When Issued. 3654-3667. l Section 3655 Is new and provides for court holding or framing execution or l process for enforcing Judgments or
 Sections ss61. sss2 and s6ss are new sections and provide for stay of ex- ecution upon security for payment of l judgment and costs being provided. 1 tion. 3638-3669. This article Is unchanged.
 Article g. Lien of Execution. 3670-
 section s67O ds92,) is rewritten in | accordance with Act of September 26 1 1903, p. 273. Section 4. This Act entirely | changed the rule of execution liens; it is now the recording of the judgment and not the placing of the execution in | the hands of the sheriff which author | izes the lien.
 Section 3674 is new and provides for | Issuing execution against the estate of deceased defendant. Article 4. Levy, Sale and Return: | Venditioni Exponas; Conveyance. 3675-
 Section S679 is new and provides for sale or disposition of property under process where the plaintiff or defend l ant dies after issuance. Section 36S3 is a new section and provides mode of levy on corporate
 Section 36S4 is new and provides for levy on interest of partners or joint l owners in common property. Section 36S9 is new and provides for sale of perishable goods. Section 3693 is new and provides what property shall be levied on and allows the defendant in certain cases to point out specific property on which levy shall first be made.
 Section 3694 is new and provides for order of sale of separate parcels where the whole is subject to lien and a part has been sold by the debtor.
 Section 3699 and 3700 are new and provide for venditioni e.xponas when officer making levy or taking property has died.
 Section 3702 is new and provides that purchaser at execution sale takes title to choses in action as duly assigned | by defendant
 Section 3TO3 is new and provides that Judicial sale passes title to purchaser Section 3704 is new and dtspenses with necessity of memorandum at eX-