The Montgomery advertiser., 1907-08-05

Sec. 2. That Section 20 of said ed so as to read as follows: Ths' each incorporated city or town in this State Is hereby created a separate school district. In all munieipalities the Board shall have full charge and control of such separate school dis tricts. and shall have and exercise all the powers and authority conferred by law upon township trustees. In munt- cipalities where there is no such Board of Education, the powers and duties of trustees shall devolve upon and be per- formed by the Mayor and Board of aldermen. or other governing body Of such se~ arate school districts shall be paid to the Board of Education of such separate school district, or to the mayor board of aldermen or other governing body of such municipality, where there is no such Board of Education. by the County Superintendent of Education as required by law.
 Approved, July IT. 1907.
 Official
 Frank N Julian.
 Secretary. of State.
 No. ss1., AN Ac4 ts 4ss. To regulate the practice in the Cir
 cult Court of Walker County. Ala
 bama, to provide Rules of Prac-
 tice for said Court: and to pro-
 vide for drawing juries for said
 Court.
 Section 1. Be 1t enacted by the Legislature of Alabama. that :n 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 SC vice of the summons and complaint upon him. whether such service be- in term time or vacation; and in all cases at laV commenced by attachment the defendant shall appear and demuv or plead within thirty days after the levy of attachment and ser vice of notice thereof, or in case the suit Is against a nonresident or other person upon whhor; service may be had by publication, within thirty days after service Is perfected by such pub lication; and. in all cases at law the defendant must appear or plead and demur within thirty days after per- lection of such service upon him: and in all cases at law. whether commenced by summons and complaint, attachment or otherwise. the defendant failing, for more thar thirty days after ser vice has been perfected upon him, to held to be in default, and at any time thereafter judgment by default, on motion of the plaintiff may be render ed 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 mays think just; but no application to set aside such judgment unless it be for some reversible errof committed in the rendition thereof, shall be entertained by the court unless accompanied by an affidavit by the defendant, or his agent or attorney, to the effect that in the belief of the affant the defendant has a lawful defense to such suit.
 Sec. 2. That all garnishments is- sued from said court shall require an answer thereto within thirty days after the service thereof: and upon failure of any garnishee to make answer with in thirty days he shall be deemed in default and a judgment nisi may be rendered against him on motion of the plaintiff. If the plaintiff is otherwise entitled to such judgment nisi and un- less otherwise ordered by the court, all citations, rules. writs or scire facias and notices issuing from said court shall require the party against whom they are issued ito appear and plead within thirty days after the service thereof: If the citations and notices are to be given by publication within thirty days after tho perfection of service by publications: and all cases whether commenced by summons and complaint, attachment or otherwise shall be deemed and taken to be at issue and triable uI the appearance 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 process. notices. citations, and writs or scire facias. shall be executed in-- stanter. and. unless otherwise provid- ed by law, shall be returnable im- upon the execution thereof by the officer executing the same, and all executions. writs of fferi facias and writs of venditionI exponas, issu- ing from said court shall be made re- turnable ninety days after the issue thereof.
 Sec. f. That all cases brought by appeal or certiorarl from justices of the peace or inferior court to said court. shall stand for trial when reached on the regular call of the docket at any time after thirty days notice of the taking such appeal shall have been given to the adverse party. as required by law.
 ocC' Os nat all plllS or execution relating to the trial of causes civil and criminal 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 to which said bill of exceptions relates was tried unless the time of signing such bnl of exceptions is extended by a agreelnent of parties or by orders of the presiding jrdge as now authorized by law. respecting the signing of bills of exceptions in the Circuit Court
 Sec. 6. That final Judgments and decrees rendered In aid court shall, after the expiration of thirty days from their rendition, be taken and deemed as completely beyond the con trol of the Court. as if the term of said court at which said judgments and decrees are rendered. ended at the end of said thirty days; provided. however, that nothing herein contained shall prevent llrties from applying for & new trial or rehearing within said thir- tv days; destroy or change the effect of motions for new trials or rehear- ing. when so made. or shall prevent parties from applying to said court for a rehearing under the statute application for rehearing in the Circuit Court or shall prevent the court from retrying any cause under Section 4341 of the Code of Ala bama. or shall prevent the Court from the exercise of any power or Jurisdic-