The Birmingham age-herald., 1907-08-05

the term Of the same.
 Section 1. Be it enacted by the Legisla- ture of Alabama, That the Circuit Court shall be held at Wedowee. in the county of Randolph, oii the third Monday Tn February and the third Monday in Au gust of each year. and shall continue for two weeks at each term.
 Approved July 13, 1907
 Offeial
 Frank N. Julian,
 Secretary of State.
 No 89i) AN ACT (S. &s. To regulate the practice in the Circuit
 Court of Walker County, Alabama, 10 [ provide Rules of Practice for said
 Court, and to provide for drawing juries
 for said Court
 Section 1. Be 1t enacted by the Legis- lature of Alabama, that in all civil cases commenced in said court by summons and complaint the defendant shall be required to appear and demur or plead to the complaint within thirty days after the service of the summons and complain upon him, whether such service be in term time or vacation and in all cases at law commenced by attachment, the defendant shall appear and demur or plead within thirty days after the levy of attachment and service of notice thereof or in case the suit Is against a nonresident or other person upon whom service may be had by publication, within thirty days after service is perfected by such publication; and in all cases at law the defendant must appear or plead and demur within thirty days after perfection of such serv- ice upon him. and in all cases at law, whether commenced by summons and complaint, attachment or otherwise. the defendant failing, for more than thirty days after service has been perfected upon him, to appear and demur or plead shall be held to be in default, and at any time thereafter judgment by default, on motion of the plaintiff may be rendered against him; provided, however, that the court may, for good cause shown. allow such judgment so obtained by default to be set aside, and demurrers or pleas to be filed on such terms as the court may think just; but no application to set aside such judgment unless it be for some reversible error committed in the rendition therof, shall be entertained by the court unless accompanied by an affidavit by the defen- dant or his agent or attorney, to the ef- feet that in the belief of the affiant the 
 suit.
 Sec. 9 That all garnishments issued from said court shall require an answer thereto within thirty days after the serv- ice thereof. and upon failure of any garnishee to make answer within thirty days he shall be deemed in default and judgment nsi may be rendered against him on motion of the plaintiff, if the plaintiff is otherwise entitled to such judg- pic OtbarpIap ordered by the court all citations, rules, writs or seire facias and notices issuing from said court shall require the party against whom they are issued to appear and plead within thirty days after the service there of; if the citations and notices are to be given by publication within thirty days after the perfection of service by publca ton: and all cases whether commenced by summons and complaint, attachment or otherwise. shall be deemed and taken to be at issue and triable upon the appear ance of the defendant and his pleading, or if he does not appear within thirty days after the perfection of service upon him at the end of such thirty days.
 Sec 3. That all original and mesne pro cess. notices, citations, and wTits of or scire facias. shall be executed instlnter, and unless otherwise provided by law, shall be returnable immediately upon the execution thereof by the officer executing the same and all executions, writs of fer facias and wrlts of rendition ex- ponas, issuing from said court shall be made returnable ninety days after the issue thereof.
 Sec 1. That all cases brought by appeal or certlorari from justices Of the peace or inferior court 10 said court shall stand for trial when reached on the regu- lar call of the docket at any time after thirty days shall have been given to the adverse party, as required by law
 Sec ,. That all bills of exception rela.- Ing to the trial of causes civil and crim- inal in said court must be signed by the presiding judge of said court within thirty days after the day on which the Issue or issues of fact 10 which said bill of excep- tions relates was tried unless the time of signing such bill of exceptions is extended by agreement of parties or by orders of the presiding judge as now authorized by law, respecting the signing of bills of exceptions in the Circuit Court.
 Sec G. That final judgments and decrees rendered in said court shall after the ex- piration of thirty days from their rendi- tion. be taken and deemed as completely beyond the control of the Court. as if the term of said court at which said iudg- ments and deerees are rendered. ended al the end of said thirty days; provided, how ever, that nothing herein contained shall prevent parties from applying for new trial or rehearing within said thirty days; destroy of change the effect Of motions for new trials or rehearing, when so made. or shall prevent parties from applying to said court for a rehearing under the statute authorizing application for rehear- ing in the Circuit Court or shall prevent the court from retrying any cause under Section 43H of the Code of Alabama. or shall prevent the Court from the exercise of any power or jurisdiction conferred upon the Circuit Court touching final de- crees and judgments.
 Sec. '. That all the witnesses in atten- dance upon said court must prove their attendance within five days after the ter imitation of the trial of the cause In which they were subpoenaed or called to testify. and unless they prove their at tendance within that time. their fees shall not be taxed as costs. nor shall they be recoverable against either party. Sec 8. That after ten days from the