The Montgomery advertiser., 1907-03-25

notices are 10 Do gwen puDiCdtioh
 within thirty days after the perfec- ton of service by publication; and all cases. whether commenced by sum- mons and complaint, attachment, or
 otherwise, shall be deemed and taken
 to be at issue and triable upon the appearance of the defendant and his
 pleading or, if he does not appear within thirty days after the perfec- tion of service upon him, at the end of such thirty days.
 Sec 14. The jury commissioners of Morgan county shali on the day after the adjournment of the last regular term of the court of county commits sioners held in each year, or as soon
 thereafter as practicable, proceed to draw from the jury box grand and petit jurors for each term of the said Mor- gan county law and equity court to
 be held during the next ensuing year,
 in the same manner and under the same regulations as Is now prescribed by law for the drawing of grand and petit jurors in the circuit courts and
 shall envelop seal and address the same. with the endorsement on the out side of each package to the clerk of said court Provided. that said jury commission shall, within thirty days
 from the approval of this act, meet
 and draw the petit jurors for the jury weeks of said court for the weeks pro- vided for a jury trial in the manner set out in Section of this act, also.
 grand jurors, if ordered to do so by the judge of this court, and said petit jurors for said week shall be sum-
 moned by the sheriff of said county
 and empannelled for the trial of causes
 as is now provided by law for the sum-
 moning and empanelling of juries for the trial of civil cases in the circuit
 courts.
 Sec. 15. That in the trial of any cause at law without jury in said l court, in addition to the questions which may be, under existing laws.
 presented to the Supreme Court for re- view, either party may, by bill of ex- | captions, also present for review the 1 conclusions and judgment of the court upon the evidence, and his special find ing of the facts; and the Supreme Court shall review the same without any pre- 1 sumption in favor of the court below on the evidence, and in such case. if they find that there is error, they shall render such judgment in the cause as the court below should have rendered. or reverse and remand the same for further proceedings, as to the Supreme Court shall seem right.
 Sec. Is. That the Supreme Court of this State shall have appellate and su- pervisory Jurisdiction over said court | and the judge thereof, which may be exercised in the same manner and in | the same cases as such Jurisdiction may l be exercised over the circuit court or the judge thereof, and the chancery courts or the chancellors thereof; and appeals may be taken from the judgments, orr ders and decrees of said court to the Supreme Court in the same manner, l within the same time, and in the same
 cases as appeals are taken from judg- ments, orders or decrees of the circuit
 and ehancery court to the Supreme Court.
 Sec IT. The venue in any case in
 said Morgan county law and equity court may be changed to other counties
 than Morgan, under the same rules and regulations as govern changes Of venue in the circuit court.
 Sec IS. That after ten days from the rendition of any judgment or de- cree, unless otherwise directed In said 1 judgment, the clerk or register of said
 court shall issue execution returnable as herein provided. Provided, how ever. that nothing therein contained shall prevent any person from having execution issued within said ten days,
 upon working affidavit as now pro-
 vided by law, in relation to the issue l of execution upon judgments In the | circuit court, and provided further, taht nothing herein contained shall
 prevent the superseding of execution | after the issue thereof, upon filing bond | as now required by law.
 Sec. 19. That all laws of general
 nature now in force or that may here-
 after be enacted giving Jurisdiction to
 the circuit court and chancery court. | shall be held to extend and apply to
 said court. although the said court
 may not be mentioned therein, unless | the contrary be expressly provided and l kVa tO fhA
 visions of this act or the rules of prac-
 tice which the judge of said law and equity court may adopt under this act. Sec. 20 That all bills of exceptions | relating to the trial of causes, civil l and criminal in said court, must be
 signed by the presiding judge of said | court within thirty days after the day l on which the issue or issues of fact
 to which said bill of exceptions relate
 was tried, unless the time for signing | such bill of exception is extended as | Is now or may hereafter be, authorized
 by law, respecting the signing of bills | of exception in the circuit court.
 Sec. 21 That final judgment and
 decrees rendered in said court shall,
 after she expiration of thirty days from | their renditions, be taken and deemed
 as completely beyond the control of the | court as if the term of said court, at | which said judgments and decrees are
 rendered, had ended, at the end of said | thirty days; provided, however, that
 nothing herein contained shall prevent
 parties from applying for a new trial
 or rehearings within said thirty days,
 or destroy or change the office of mo-
 ton for new trial or rehearing when
 so made, or shall prevent parties from
 applying to said court for a rehearing
 under the statute authorizing applica-
 tions for rehearing in the circuit court,
 or shall prevent the court from retry
 ing any cause, under the laws of Ala
 bama, or shall prevent the court from
 the exercise of any power or jurisdic-
 ton conferred upon the circuit court | touching final Judgments or the chan
 cery court touching final degrees.
 Sec 22. That all witnesses in atten-
 dance upon said court must prove their
 attendance within five days after the
 termination of the trial of the cause in
 which they were subpoenaed or called
 to testify, and unless they prove their | attendance within that time their fee | shall not be taxed as costs, nor shall
 they be recoverable against either
 party.
 Sec 2s That the sheriff of said
 county shall be in person or by deputy
 required to attend said court, preserve
 order, and execute and return it's pro-
 cess, and perform such other duties
 in all respects as in the circuit and
 chancery courts of this State, and he
 shall furnish all subordinate officers
 that may be necessary to expedite the
 business of said court the same as he
 is now required to do under the law
 governing him as officer of the circuit