The Montgomery advertiser., 1907-12-20

think just, but no application to set
 aside such judgment. unless 1t be for some reversible error committed in the rendition thereof, shall be entertained | by the court unless accompanied by an affidavit made by the defendant or his agent or attorney. to the effect that. in the belief of affiant. the defendant has a lawful defense to such suit. Sec. That in all cases. whether
 commenced by summons and complaint. kattachment or otherwise, the issue and question of fact shall be tried by the court without the intervention of a jury, unless jury be demanded by the plaintiff at the commencement of the suit, or by the defendant at the time he appears. or by any other person fn- terested in such issue or question at
 the time he appears, such demand must be made by the plaintiff or the party occupying the position of plaintiff by endorsing the same in writing upon the summons and complaint. attach ment. petition claim, or other paper hied by him. for the purpose of fnstftuting such suit. or when he intervenes with out suing out process. upon the plead ing or paper filed byi him for the pur- pose of presenting such issue or ques- tion of fact, and by the defendant or other party occupying tks position or defendant. including garnishees, by en- dorsing such demand in writing upon the demur. plea. answer or other plead ing fiIed by him: and In all cases brought by appeal or certiorari from Judgments of justice of the peace or other inferior courts. the issues and questions of fact shall bc tried by the court without a jury unless demand
 for a trial by jury be made in writ
 ing and filed in the case by the par
 H. r..I sxt. atyt In n
 certiorari at the time of the taking out
 or suing out of the same, or by the op-
 posite party within thirty days after
 he has been served with notice Of the
 appeal or ccrtiorari.
 Sec 3. That in the trial of any case
 without jury in said court In addition
 to the question which may be under
 existing laws presented to the Supreme
 Court for review, either party may
 by bill of exceptions also present Tor
 review the conclusions and Judgments
 of the court on the evidence and the Su-
 preme Court shall review the sanie
 without any presumption in favor of the court below on the evidence, and If there
 be an error, shall render such judgment
 in the case as the court below should have rendered or reverse and remand the same for further proceedings as to the Supreme Court shall Do deemed right.
 t. I
 shall not apply to the trial of persons charged with misdemeanors or other crimes whether commenced In said court, or brought thereto by appeal; nor shall they apply to trial of cases brought to said court by appeal from the Judg- ment of the mayor of any city or town in said county for the violation of any municipal ordinance. Sec. 5. That all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed.
 Approved Nov. g. 1907.
 Official:
 Frank N. Julian.
 Secretary of State.
 No. s3O AN ACT ts. 42. TO amend Section TIT of An Act enti- tied "An Act to provide flor the or ganization. incorporation, govern inent and regulation of cities and towns and to define the rights. DOW CTS. duties, jurisdiction and authori-
 ty of such cities and towns and of the officers thereof. and to prescripe penalties for violations of the pro- visions of this act" approved August 13. 1907.
 section l. Be it enacted by the Leg islature of Alabama. That Section TIT
 of an act entitled "An Act to provide for the organization, incorporation, government and regulation of cities and towns, and to define the rights, powers, duties, jurisdiction and author ! ity of such cities and towns, and of | the officers thereof, and to prescribe penalties for violations of the provis- | ions of this Act" approved August lS, I 1907 be amended so as to read as foi- | lows" Section TIT. The provisions of | this act, relative to public school sys- | tems shall not apply to cities and | towns now having by law a combined l city and county school system, operat- | ed under a single board of education, | or where the members of the board | h old offices for life under any law ex- | isting at the time of the passage of this | act, or under any law which may here- | after be enacted by the Legislature. That when by any provision of law, any certain or definite percentage of the | revenues of any city or town from H. | cense or taxes, either or both. is re- | quired to be used for the maintenance lof It's public schools. then such provis- l ions shall be unaffected by this act and | shall be and remain in full force and effect. Provided that the provisions of | this act shall not be construed as in
 any manner affecting any law prohib- | iting the sale of liquors in this State. | Approved Nov. 20. 1907.
 | Official
 Frank N. Julian.
 | Secretary of State.
 Sser