The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-03-25

the court of county commissioners 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 Morgan 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 COM
mission 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 provided for a jury
trial in the manner set out In Section 7
of this act, also, grand jurors, il ordered
to do so by the judge of this court, and
said petit Jurors for said week shall be
summoned 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. Is. That in the trial of any cause
at law without a jury in said court, In
addition to the questions which may
be, under existing laws, presented to the
Supreme Court for review, either party
may. by bill of exceptions, also present
for review the conclusions and Judgment
of the court upon the evidence, and his
special finding of the facts; and the Su-
preme Court shall review the same with
out any presumption in favor of the
court below on the evidence and in such
| case. II 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 fur
Their proceedings. to the Supreme
Court shall seem right.
Sec. 16 That the Supreme Court of this
State shall have appellate and supervis-
DRY 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 be exercised
over the circuit court or the Judge there
of. and the chancery courts or the chan
oellors thereof; and appeals may be taken
from the judgments orders and decress of
said court to the Supreme Court in the
same manner. within the same time, and
in the same cases as appeals are taken
from judgments, orders or DEGREES of the
| circuit and chancery court to the su-
preme Court.
Sec. II. The venue in any case in said
Morgan county law and equity court may
be changed to other counties than Nor
gan. 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 decree, I'M
less otherwise directed in said Judgment,
the clerk or register of said court shall
issue execution returnable as herein pro-
vided. Provided, however, that nothing
therein contained shall prevent any per-
son from having execution issued within
said ten days, upon making affidavit as
now provided by law, in relation to the
issue of execution upon judgments in the
circuit court, and provided further, that
nothing herein contained shall prevent
the superseding of execution after the
issue thereof, upon filing bond as now re-
qured by law.
Sec. 49, That all laws of general nature
now in force or that may hereafter be
enacted giving jurisdiction to the circuit
court and chancery court shall be held
to extend and apply to said court al
though the said court may not be men
toned therein, unless the contrary be ex-
pressly provided and unless they are con-
trary to the provisions of this act or the
rules of practice which the judge of said
law and equity court may adopt under
this act.
Sec. 20. That all bills of exceptions re-
lating to the trial of causes, civil and
| criminal. In said court must be signed
by the presiding Judge of said court with
in thirty days after the day 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 cir
cult court.
Sec. 81. That final Judgment and de-
crees rendered in said court shall, after
the expiration of thirty days from their
renditions, be taken and deemed as COM
pletely beyond the control of the court,
as il the term of said court, at which
said judgments and DEGREES are rendered
had ended, at the end of said thirty days;
provided. however, that nothing herein
contained shall prevent parties from APP
plying for new trial or rehearings with
In said thirty days. or destroy or change
the office of motion for new trial or re-
hearing when so made, or shall prevent
parties from applying to said court for
a rehearing under the statute authoriz-
| Ing applications for rehearing In the
circuit court, or shall prevent the court
from retrying any cause under the laws
of Alabama, or shall prevent the court
from the exercise of any power or jur-
isdiction conferred upon the circuit court
touching final judgments or the chan
Gerry court touching final DEGREES.
Sec. %. That all witnesses in attend
ance upon said court must prove their at
tendance within five days after the ter
mnation of the trial or the cause In
which they were subpoenaed or called to
testify, and unless they prove their at
tendance within that time their fee shall
not be taxed as costs, nor shall they be
recoverable against either party.
Sec. 49, That the sheriff of said county
shall be in person or by deputy re-
quired to attend said court, preserve or
der and execute and return it's process,
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 neces-
sary 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 and chancery courts of
this state, the fees of the officers of said
court for services rendered, and the COM
pensation of Jurors and witnesses therein
shall be the same as are now or may
hereafter be allowed for like services
in the circuit and chancery courts of this
state.