The Montgomery advertiser., 1907-08-29

And in such event the clerk of said | court shall receive a salary of three thousand (s3.060.o0) dollars per annum payable in monthly instalments out of
 the treasury of Mobile County. Said clerk may appoint deputy. whose ap-
 pointment shall be entered on the min | utes of said court and who shall be | vested with all the powers and author- fly of said clerk, and whose acts shall be performed In the nan1A of said clerk. and for whose acts said clerk and the
 suretfes on his bond shall be responsi-
 ble. The compensation of said deputy
 shall be fixed by the board of revenue | and road commissioners of Mobile County and paid in monthly install | ury. The same fees shall be taxed in
 causes on the law side of said court as | are allowed by general laws to clerks | of circuit courts, and in causes on the | equity side the same fees ns are ai-
 lowed by general laws to registers in | chancery. Said fees shall be collected | by said clerk and by him turned into
 the treasury of Mobile County.
 | Sec. 2. That said court shall have one term per year. beginning on the | first Monday of Octoberand lasting nn- l til and Including the 31st day of July | next following. The presiding judge | of said court may adjourn said court | for as long time during the term as | to him seems proper. The absence of | the presiding judge for any length of | time shall not cause a lapse of the | term, but the clerk or the register, or both together. may adjourn said court, | or the judge thereof may by written | order transmitted to and flied with said | clerk or register, order said court ad- | journed until any time he or they think | proper. No term shall, for any cause. be adjourned sine die until the time l for the ending thereof fixed by law.
 Said presiding judge may reconvene | said court for the transaction of any l business at any time, by consent of the | parties, before the time fixed by pre- | vious order of adjournment. Provided. | that the first term of said court shall
 begin as soon as said court can be or | ganized.
 | Sec. 8. That said court shall be held
 at a place to be provided fran time to | time in the city of Mobile. by the | board of revenue and the Road Com | missioners of Mobile County. Said l board of revenue and road commission | CTS shall also provide such stationery, | books and furniture and facilities as l may be necessary for the proper trans | action of the business of said court. | Sec. g. That said court shall adopt
 a seal therefor, the form of which shall be entered upon the minutes of said | court, said seal may be made in dupli- | cate so that each side of said court ! may be provided herewith.
 | Sec. 10 That Juries for the trial of | jury cases shall be drawn in open ] court by the clerk when ordered by the | presiding judge. in the same manner | now or hereafter provided by law for drawing of juries in the Mobile Circuit | Court. The jurors shall receive the same compensation as jurors serving in | the circuit court, payable out of the l Mobile County treasury in like manner. Sec. II. That 1t shal be lawful for | causes to be transferred by consent of | all parties thereto, or their counsel of | record, from the Chancery Court of Mo- l bile, or from the Circuit Court of Mo- bile, to said law and equity court, or l from saidslaw and equity court to the | Chancery Court of Mobile, or to the | Circuit Court of Mobile; consent of all | parties or their counsel of record to be | put in writing, and filed in both courts | When suits are by or against minors l or insane persons, said consent may be I executed by their guardians, next l friend or guardians at Item: In the | event of such transfer from one court l to another, the clerk or register shall | transmit the original file of papers to l said court to which the same is trans ] ferred, and said cause shall stand for ! further proceedings therein as if orig | inally brought in the court to which | the same Is so transferred. and in such event no final record of said cause | shall be made in the court from which | the same is so transferred. e ! Sec. 12 That in ali cases coIn- | menced in said court by summons and
 complaint or bill in equity. the defend l ant shall be required to appear and de-
 mur, answer or. plead to the complaint l or bill within thirty days after the Ser vice of the summons upon him, wheth- ar such service be In term time or va- cation; and in all cases at law com menced by attachment, if the cause of action is due, the complaint must be filed in ten days after the issuance of the attachment, and the defendant shall l appear and demur or plead within thfr- ty days, after the levy of attachment and service of notice thereof or in case the suit is against a nonresident or
 other person upon whom service may be had by publication. within thirty days after service Is perfected by such publication, If the cause of action Is
 not due, complaint must be filed in three days after it becomes due and the
 defendant must plead or demur in three
 days thereafter, but no judgment by
 default, In any case, shall be entered until five days after the complaint has
 been flled; and in all cases the defend-
 ant must appear and plead or demur
 within thirty days after perfection of
 such service upon him; and in all cases,
 whether commenced by summons and complaint, attachment, bill or other
 wise. the defendant failing for more
 than the time hereinabove provided to
 appear and demur, or plead or answer,
 shall be held to be in default, and at
 any time thereafter, judgment by de-
 fault, or decree pro-confesso, on mo-
 tion of the plaintiff, may be rendered
 against him, provided. however. that
 the court may, for good cause shown,
 allow such judgment so obtained by
 default, or decree pro-confesso, to be
 set aside and demurrers, pleas or an-
 swer to be filed on such terms as the
 court may think just; but no applica-
 tion to set aside such judgment or de-
 cree unless 1t be for some reversible
 error committed in the rendition there>
 of. shall be entertained by the court,
 unless accompanied by an ahidavit by
 the defendant or his agent or attorney
 to the effect that in the belief of the
 afflant the defendant has a lawful de-
 fense to such suit.
 Sec. 13. That all garnishments is-
 sued from said court shall require an
 answer thereto within thirty days af-
 ter the service thereof; and upon the'
 failure of any garnishee to make an-
 swer within thirty days he shall be
 deemed in default and Judgment nisi
 may be rendered against him upon mo-
 ton of the plaintiff if the plaintiff is
 otherwise entitled to such judgment
 nisI. and unless otherwise ordered by