The Birmingham age-herald., 1907-08-29

eauga on the second Monday in January and July and may continue two weeks; provided, that before said couurt shall be held at Sylacauga a member of the court of county commissioners of said county shall make and file with said court of county commissioners a eertlh- cate that a building suitable in all re- spects in which to hold said court has been provided without expense to the county.
 Sec. 2. That section three (8 of said act be amended so as to read as fol- lows: Section 3. That this act shall go into effect from and after it's approval and the governor shall immediately ap- point judge and solicitor for circuits in which a vacancy of such offices may exist, whose salaries shall be respective ly the same as fixed by general law for the circuit judges and solicitors of the State
 Approved August g. 1907
 Official:
 Frank N. Julian.
 Secretary of State
 No. 7S) AN ACT GIL B. 6s5 To amend Sections 42s, 427 48l. 4s4 and
 4oo or the code Of lS96.
 Section 1. Be it enacted by the Legis- lature of Alabama, that Section 426 of the code of 1896 be amended so as to read as follows: Section 426 (S61D,
 tS916). (34S0. (so1s) Appeals to su-
 preme Court on all final Judgments
 From any final judgment or decree of the chancery circuit, city, probate or county courts of law and equity, ex- cept In such cases as are otherwise d. rected by law, an appeal lies to the Supreme Court. for the examination thereof as matter of right, on the ap- pllcation of either party, or his per
 sonal representatives; and the clerk, register or judge of probate must cer- tify the fact that such appeal was taken
 and the time when as part of the record,
 which gives the Supreme Court jurls-
 dictlon of the case.
 Sec. 2. Be 1t further enacted that se-
 ton 4A of said code be amneded so as
 to read as follows: Section 427 (S612), (ss1G. Appeals from certain interlocutory de-
 crees. From any decree rendered by the chancery court in term time, or by the chancellor in vacation, or by county | courts of law and equity In term time 1 or by the judge of such court in Vaca- 1 ton, sustaining or overrulng a demurrer 1 to bill In equity, or sustaining or over | ruling a plea to such bill, or sustaining 1 or everything a motion to dismiss such 1 bill for want of equity, an apepal lies to l the Supreme Court, to be taken within l thirty days after the rendition of such l decree; the appeal shall be heard and l determined by the Supreme Court in pref l erence to all other than criminal cases, | and if the decree of the chancellor or 1dU nf ha ,rt0 oF 1at1r aud
 equity is reversed the court shall render 1 such decrees as should have been rem l dered by the chancellor, but nothing in l this section shall be so construed to
 prevent an assignment of errors on such 1 decrees, on appeals taken after the final
 determination of the cause, If appeals 1 are not taken under this section. | Sec. 3. Be 1t further enacted that Sec l tion 431 of said code be amended so as | to read as follows Section 431 (36l6), 1 (3923). Appeals from denial of remedial | writs Appeals may be taken to the | Supreme Court from the judgment of l judges of the circuit and city courts and 1 county courts of law and equity on ap- l plication for writs of certiorari. super l sedeas, quo warrants, mandamus and other remedial writs, upon plaintiff or 1 defendant giving security for the costs Of | appeal, approved by the judge trying the 1 same, within thirty days from the day of l the judgment; but such appeal shall not | operate as a supersedeas of the judgment, | unless bonds with sufficient sureties be | given by the appellant, payable to the | appellee, in such sum as the judge hear | ing the application shall require. condl- l tions to pay all damages thereby sus- | tained.
 Sec. f. Be it further enacted that Sec 1 ton 434 of said code be amended so as to read as follows: Section 434. Appeals from decisions on motions for new trials. Whenever a motion for new trial shall be granted or refused by any circuit or city court or county court of law and equity in any civil case at law, either party may except to the decision of the court, and may reduce to writing the req
 sons offered for the new trial together
 with the substance of the evidence in the case and also the decision of the court on the motion: and it shall be the duty of the judge before whom the mo- ton Is made to allow and sign the same;
 and such bill of exceptions shall be q part of the record in the cause, and may embrace the judgment and motion or other matters of record; and the appel lant may assign for error that the court below improperly granted or refused to grant new tial; and the Supreme Court shall have power to grant new trials or to correct any errors of the circuit or city court in granting or refusing the sane.
 Sec. .. be II IuTIHeT eidCleu lildl ptt- tion 456 of said code be amended so as to read as follows: Section 456 (363G (S95O (3511). Clerks of inferior courts may is- sue executions for costs unpaid. Clerks of the circuit or city court, or county courts of law and equity. register In chan cery, and judges of probate when cases have been taken from their respective courts to the Supreme Court by appeal, or other lawful mode. and been there de- cided if the costs accruing in such lower courts for transcripts, or otherwise, he not paid by the parties against whom they were adjudged Tn the Supreme Court, may issue executions for such costs. re- turnable into the court in which such costs accrued.
 Approved August 1S. 1907.
 Official:
 Frank N. Julian.
 Secretary of State.
 No. 53SD AN ACT. (H. B. 53l For the relief of Beverly Jackson, alias
 Beverly Green.
 Section l. Be it enacted by the Legisla- ture of Alabama that the sun of one hundred dollars be and the same Is here by appropriated. out of any money in the State Treasury not otherwise appro-