The Montgomery advertiser., 1907-03-25


 in civil and criminal causes from cir- cult courts and appeals from chancery courts shall apply to this court so far as practicable.
 2S. All laws and rules applicable to circuit and chancery courts and to pro- ceedings and practice In such courts shall apply to this court where practi- able and not inconsistent with any pro- vision of this act.
 29. When an appeal is taken from the court of a justice of the peace or a notary public with Jurisdictions and powers of a justice, the plaintiff if he take the appeal, shall file new com plaint to this court within ten days after the defendant take the appeal, the plaintiff shall file such complaint within ten days after the filing of the papers in such court, provided notice of appeal has been served upon him for i've days as now required by law, If plaintiff fails to file complaint with in such time, his cause may be dis missed, or he may be allowed to file his complaint upon such terms as the court may prescribe. A defendant in appeal shall have ten days after such new complaint is filed, notice of appeal having been served on him for fve days, to plead thereto. and falling to so plead, judgment by default may be taken against him in vacation or In term time; but such judgment talk en in vacation, may be set aside at the next term of court, at the discre- tion of the judge and upon such terms as he may prescribe. The clerk shall give immediate notice of the filing of the papers to the appellee.
 30. It shall be lawful for the su- pernumerary judge or any circuit judge to hold this court.
 31 Cne-half of all fines assessed against defendants on conviction shall be paid in money, which be turned Into county treasury as part of the fine and forfeiture fund.
 32. In all cases of conviction, the party convicted shall be sentenced to hard labor for the county where the sentence Is for two years or less. ex- cept when the county has no hard la bor contract or it's contract does not include the class or sex to which the party be sentenced belongs; and in case of felony no additional sentence for costs shall be imposed, but the cost of conviction shall be first paid out of the hire of the convict, and the balance placed to the credit of the general fund of the court; In cases or nisdemeanor, however. an additional sentence for costs may be imposed, as provided in Section 5426 of the Code. Nothing in this section, however, shall interfere with imprisonment in the county jafl, in cases, where it Is au- thorized by law and jail sentence is deemed proper.
 33. Special terms of said court for the transaction of civil business at law or In equity and criminal business may be called by the judge by an en- try on the minutes, at any time to continue as long as tn, judge may deem it necessary; and the sherin shall forthwith upon the order of the judge, bring the jury box into the court, and the judge shall draw therefrom grand jury and a, sufficient number of petit jurors for said term, and said grand jury when so ordered and organized shall have and exercise all the powers of grand jurfes at regular terms. No notice of the calling of such special term shall be necessary and any and all business may be transacted thereat as at regular terms. Adjourned terms may also be held as provided by law for circuit courts.
 34. All rules, laws and regulations governing change of venue in circuit courts shall apply to this court, so far as practicable.
 s5. All laws apply to circuit courts in regard to the keeping together and discharging sick jurors and juries; cases where the defendant stands mute or refuses to plead, or pleads guilty; appointing counsel to defend and serv- ing copy of indictment and venire in capital cases, and allowing and pro- viding for a waiver of special venire in capital felonies where the defendant on arraignment or at any time before special venire is drawn, pleads guilty, and regulating the practice in such cases, shall apply to this court, where practicable and not in conflict with the provisions hereof,
 s6. All laws, rules and regulations as to the taking of bail and bail gem erally, governing circuit courts and judges, shall so far as practicable ap- ply to this court and its judge.
 37. Final judgment and decrees rem dered in said court, shall, after ten days from their rendition, be taken and deemed as completely beyond the control of the court as If the term of the court had ended at the end of said ten days.
 3S. Executions on judgments must issue within twenty days from the date of their rendition; but no execution shall issue within less than ten days unless the party in whose favor 1t Is rendered. make affidavit before the judge or clerk in person or through his attorney that in his opinion he is in danger of losing the fruit of his judgment Alias executions may issue at any time. Executions must be made returnable within sixty days after the date of issuance.
 39 The court shall not convene sooner than ten a. m, on the 1rst day of each term.
 4O This act shall take effect imme- diately upon its approval. and the court may be organized and transact busi- ness for the remainder of the unex- pired term as if the court had been in existence at the beginning of such term as fixed by this act.
 Approved February 26, 1907.
 Official:
 Frank N. Julian,
 Secretary of State.