The Montgomery advertiser., 1907-08-29

l given 10 the aQVefse party, as required | by law.
 Sec 1s That in all cases at law
 tried In said court, whether commenced I by summons and complaint. attachment | or otherwise, the issues and questions
 of fact shall be tried by the court with | out the intervention of a jury unless @ | Jury be demanded by the plaintiff at the | commencement of the suit, or by the | defendant at tho time he appears, or | by any person interested in such issue | or question at the time he appears such | demand must be made by the plaintiff | or party occupying the position of | plaintiff, by endorsing the same in l writing upon the summons and com | p1aint attachment. petitions, claim or | other paper filed by him for the pur- | pose of instituting such suit, or when | he intervenes without suing out pro- | cess. upon the pleadings of paper filed | by him for the purpose of presenting | such issue or question of fact; and by | the defendant or other party occupy | ing the position of defendant, includ- | ing garnishees, by endorsing such de- mand In writing upon the demurrer, | plea, Answer. or other pleading filed by | him; and when cause Is transferred | to said court from the circuit court 1t ! shall be tried by the court without a | fury unless at the time of argument | HdQe TOT SaCn lTdUSAGT a kOk q trial by jury be made in writing and | filed in said cause; and in all cases | brought by appeal or certiorari from | judgments of justices of the peace or | other inferior tribunals. the issues and l questions of fact shall be tried by the l court without jury unless demand for | trial by jury be made in writing and | filed in the cause by the party mak- | ing the appeal at the time he takes | the same, or by the opposite party | within ten days after he has been served with notice of the appeal; pro vided. that the judge of said court may order any cause or issue of fact, which | by law may be tried by jury, to be so | tried by jury.
 Sec 17 That in the trial of any cause at law by said court, without a | jury, in addition to the questions which may be. under existing laws, presented | to the Supreme Court of the State for review, either party may by bill Of exceptions, also present on appeal for review, the conclusions and judgment | of the court upon the evidence, and the | Supreme Court shall review the same | without any presumption in favor of | the court below on the evidence; and l in such case, if they find that there IS an error. they shall render such judg- ment in the cause as sthe court below | should have rendered, or reverse and remand the same. for further proceed 1 ings as to the Supreme. Court shall seem right. -- Sec. IS. That appeals or writs of l certioFari may be taken to said court hereby established from the Judgment I of justices of the peace or other infe- rior courts in the County of Mobile in all civil cases in which appeals or wrfts of certiorari nay by law be taken from such judgments to the circuit court of said county, and in the same manner. Sec. I9. That the Supreme Court of | this State shall have appellate and su- pervisory Jurisdiction over said court and the judges thereof, which may be exercised in the same manner and in | the same cases as such Jurisdiction may be exercised over the circuit or chan cery court or the judges thereof; and appeals may be takenf from the judg- ments, orders and decrees of said court to the Supreme Court in the same man. ner, within the same time, and in the same cases as appeals are taken from judgments, orders or decrees of the
 circuit or chancery court to the Su-
 preme Court.
 Sec. 20 That after ten days from the rendition of any judgment or final decree. unless otherwise directed in
 said judgment or decree. the clerk or register of said court shall issue execu- 1 ton, returnable as hereinbefore pro- vtded. Provided, however. that noth- ing herein contained shall prevent any
 person from having execution issued
 within said ten days, upon making af- fidavit as now provided by law ip rela-
 ton to the issue of execution upon
 judgments in the circuit court; and
 provided further, that nothing con
 tained herein shall prevent the super
 ceding of execution after the Issue
 thereof upon giving supersedeas bond
 as now required by law.
 Sec. 21. That all laws of a general
 nature now in force or that may here-
 after be enacted giving or extending
 jurisdiction to the circuit and chancery
 courts, shall be held to extend and ap-
 ply to said court, although the said
 court may not be mentioned therein,
 unless the contrary be expressly pro-
 vided and unless they are contrary to
 the provisions of this Act.
 Sec 22 That all bills of exception
 relating to the trial of causes in said
 court, must be signed by the judge who
 presides at such trial within thirty
 days after the day on which was tried
 the issue or issues of fact to which
 said bill of exceptions relate, unless
 the time for signing such bill of ex-
 captions Is extended by agreement of
 parties or by order of said judge as
 now or may be authorized by law re-
 speeting the signing of bills of excep-
 tions in the circuit court; such extend
 ed time shall not extend beyond six
 months from date of such trial
 Sec. 23. That final judgments and de-
 crees rendered in said Court shall after
 the expiration of thirty days from their
 rendition, be taken and deemed as
 completely beyond the control of the
 court, as If the term of said court at
 which said judgments or decrees are
 rendered. had ended at the end of said thirty days; provided, however, that
 nothing herein contained shall prevent
 parties from applying for new trial
 or rehearing within said thirty days.
 or destroy or change the effect of mo-
 tions for new trials or rehearings when
 so made. or shall prevent parties from
 applying to said court for rehearing
 under the statute authorizing apphca-
 tions for rehearing in the circuit court.
 or shall prevent the court from retry
 ing any cause under Section 3S41 of the
 Code of Alabama, or shall prevent the
 court from exercising any power or
 Jurisdiction conferred upon the circuit
 court touching final judgments or upon
 the chancery court touching final de-
 crees.
 Sec. 24. That all the witnesses in at
 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 the same be recoverable against either party.