The Birmingham age-herald., 1907-12-20

 Tier or railroad corporation, acting within the scope of his official duties or employment, in publishing. exact ing or charging such excess rate or fare. shall be, in every case, and be deemed to be, the act of such common carrier or railroad corporation.
 Sec. 4. Every officer agent or em- ployee of such common carrier or rail- road corporation, who shall violate, or who procures, aids or abets any viola tion of any of the provisions Of this Act, shall be guilty of a misdemeanor and upon conviction shall be fined sum not exceeding five hundred dol lars for each offense, to be determined by the court or judge trying the-case.
 Sec. D. A civil action to recover the forfeitures provided for in Section of this Act may be brought at any time within five (5) years from the date the offense was committed or forfeit ure was incurred, in the name of the State of Alabama, in any court of com potent Jurisdiction in this State, in any County in which the carrier or railroad corporation Is engaged in business. In such action any number of forfeitures incurred up to the time of commencing the same, and not previously recovered, may be sued for and recovered, or sep arate suits may be brought for each penalty or forfeiture, and the com mencement of an action to recover a forfeiture shall not be, or be deemed to be, waiver of the right to recover any other forfeiture. No suit for the recovery of such forfeitures shall be instituted by the Railroad Commission or any member tn ereof, or by the At torney General, or by any Solicitor, but any individual may institute and prose- cute to judgment such suit in the name of the State of Alabama, without his name appearing in the complaint but such complaint hall be signed by the citizen instituting the suit, or for him and in his name by his agent thereunto authorized In writing, and by the attorney such individual may engage to represent the State as plain tiff; and such individual so instituting said suit shall be entitled to one-haf of the amount recovered to be paid to him, or to the attorney of record, by the clerk of the court when the same is collected, the remainder of the re- covery to be turned by the clerk into the State treasury. Such suit shall be and be deemed to be, suit by the State of Alabama against such carrier or railroad corporation If on the trial of such suit the defendant should set up in defense, in substance or effect that it has been enjoined or restrained by temporary or permanent order at the suit of any person or corporation from putting into effect or charging the rates or fares established by stat ute or by order of the Railroad Com mission or from complying with the statutes or orders establishing such rates or fares. it shall be competent for the plaintiff to set up in reply In sub stance or effect, that the procuring of tue injunction was collusive or that the procuring continuing thereof was not in good faith resisted and upon the trial of such issue or issues the burden shall be on the common corrier or rail- road corporation to show to the req sonable satisfaction of the jury, or of the court, if the cause be tried by the court without the intervention of jury, that said injunction was not ob- trained by colIusion between the par ties to the suit in which said injunction was granted, or that the procuring or continuing thereof had been in good faith resisted.
 Sec. 6. That this act shall go into ef- feet ten days after it's passage and ap- proval.
 Sec. 7. That all laws and parts of laws inconsistent or in conflict with the provisions of this Act be, and the same are hereby repealed.
 Approved November 23 1907.
 Official
 Frank N. Julian,
 Secretary of State.
 No. 5O) AN ACT Gi. 114 To fix the time of holding the Circuit
 Courts of Marion County Alabama. and
 to authorize the judge thereof to per
 form certain additional duties.
 Section l. Be it enacted by the Legis- lature of Alabama, That there shall be held a term of the Circuit court of Ma rion County, Alabama. beginning on the third Monday In February and August of each year, and may continue two weeks and term of said court shall be held on the fourth Mondays in May and November of each year and may con- tinue one week. Provided: That for the said terms to be held in May and No vember no grand or petit juries shall be drawn or summoned or criminal cases set except on the order of the Judge of the Eleventh Judicial Circuit of Ala bama.
 Sec. IF. That the terms of the court to he held beginning on the fourth Mon days in May and November shall be known as non-jury terms and all cases in which juries have not been demanded may be heard and determined at said terms of court; and if the judge of the Eleventh Judicial Circuit of Alabama shall decide that grand or petit jury one or both, shall be needed at any of said terms to be held in May and No vember, he shall draw from the jury box of said county said jury or juries and proceed with the trial of cases either civil or criminal, or both, as provid- ed by law.
 Sec 9 That all laws and parts of laws in conflict with the provisions of this Act be, and the same are hereby repealed.
 Approved November 2S, 1907.
 Official:
 Frank N. Julian.
 Secretary of State.
 No 42) AN ACT (H. 97. To regulate the practice and proceedings
 in civil cases in tine Circuit Courts of
 Franklin County in this State and in the
 Supreme Court on appeals from Judg- ment rendered in such cases.
 Section l. Be it enacted by the Leg sature of Alabama, That in all cases commenced in the Circuit Court of Franklin County in this State, by sum- mons and complaint, the defendant shall be required to appear and deniur or plead to the complaint within thirty days after the service of the summons and complaint upon him, whether such service be made in term time or vaca- tion: and in all cases commenced by at tachment, the defendant shall appear and demur or plead to within thirty days after the levy of the attachment and service of the notice thereof, or in case the suit is against a non-resi- service may be had by publication within such pubica ton: and in all ether cases 1.fon and ,io Or