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

Iault, and judgment by default may be
rendered against him whenever such cause
snail be reached on the call of the docket
provided that for good cause shown the
Judge of said court may allow amur-
rers, pleas, or other defenses, to be fled
after such thirty days on such ten rs
as he may think just. That all original
and mesne process issuing from said court
snail be executed instanter and returned
Immediately upon the execution thereof
by the officer receiving the same; that In
all civil cases at law in said court, the
issues and questions of fact shall be tried
by the court without the Intervention of
a jury. unless jury be demanded by the
plaintiff In writing at the commencement
OF the suit, or by the defendant on his
appearance, by endorsing such demand
IN writing upon the summons and COM
plant, plea, demurrer or other pleading;
provided that in all cases now pending In
the Circuit Court of Lee County, and
transferred to this court, parties thereto
shall have thirty days from the date of
such transfer in which to make such de-
mand: provided further that a failure to
demand a jury as above directed shall be
held and considered as a waiver of the
right Of trial by jury. That in all civil
cases at law. said court may set down
any cases for hearing on the pleadings
alone, and render Judgment or judgments
thereon, and from such judgment or rul-
Ing an appeal lies to the Supreme Court
to be taken within thirty days after the
rendition OF such judgment or ruling, HI
nothing herein contained shall prevent an
assignment of error on such Judgment on
appeals take after the final determination
of the cause, If appeals are not taken
under this section.
Sec. I. That the venue in any cause In
said court may be changed to other coun-
| ties than Lee, under the same rules and
regulations as govern changes of venue
In the circuit courts of the State.
Sec. That appeals and writs of GER
! uorari may be taken to this court from
| Justice courts, probate court. mayors
courts, and recorders courts and other in
ferior courts within the County of Lee
In all cases and in all respects the same
as such appeals might heretofore have
been taken from such courts to the Cir
cult Court of Lee County. and the pro-
cedure and practice In all such cases shall
be the same. unless herein otherwise
provided. as In appeals in such cases to
the Circuit Court. That all cases of mis-
demeanors returned by Justices of the
peace. or appeals from justices or other
courts of said county to this court, shall
De tried upon the complaint OF the Solic-
itor. filed In the cause which complaint
shall be In the form and of such suf-
heiency as required by law and shall be
subject to amendment That INSIDE
meanor1 in said court shall be tried by
inc Judge thereof, without a jury IN
less a trial by jury be demanded. and
failure to make such demand shall be
held a waiver of trial by Jury
Sec. o That in the trial of any case
at law without a jury in said court IN
addition to the questions which may be
presented under existing laws for review
to the supreme Court either party may
by iii of exceptions. also present for
review the conclusions and judgments Of
the court on the evidence. and the ST.
preme Court shall review the same with
cut any presumption in favor of the court
below on the evidence, and II there be
error, shall render srch judgment in the
cause as the court below should have
rendered or reverse and remand the same
for further proceedings as to the Supreme
court snail seem right That no bill OF
exceptions can be signed after the ex-
pration of thirty days from the rendition
OF the Judgment or order appealed FROM
unless within said time the court make
ana enter an oruer extending said time
or unless within said time the parties
agree In writing to an extension which
agreement must be signed and flied with
the clerk and register and entered upon
the minutes of said court
See. 10. That the Sheriff of Lee County
shall b. in person or by deputy required
TO attend said Lee County Court of Law
and Equity, preserve order and execute
and return its process. and perform such
other duties In all respects rs in the Cir
OF the state. and he shall furnish all such
other 81 coordinate officers as may be nee
essary to expedite the business of said
court the same as he is now required to
90 as an officer of the Circuit County
ana Chancery Courts of the State.
Sec. IL. That after ten days from the
rendition of any judgment or decree In
SAID &C urt unless said judgment or de-
crec direct otherwise the clerk of said
court unless ordered not to do in writ
ing entered upon this order book to be
Kept To- that purpose and signed bv the
person entitled there to, his attorney or
agent, shall issue execution in term time
or vacation retu nable within ninety DAYS
ana IN like manner upon the order. he
shall execute any order or decree of said
court sitting in equity provided that
nothing herein contained shall prevent any
person from making affidavit and hay-
ing execution issued Immediately as now
provided by law; provided further that
unless executions have been otherwise
iscue1, they shall issued and returned
as now required by law in the Circuit
Court of Lee County.
sec II. That all laws of a general ma
ture now In force or that may hereafter
be exacted, giving jurisdiction to the Cir
cult and Chancery Courts of this State
snail be held to extend to and apply to the
SAID Lee County Court of Law and equity.
although said Lee County Court of Law
ana Equity may not be mentioned there
In. unless the contrary be expressly pro-
yided.
Sec ID. That the presiding Judge of said
court, when the Solicitor is absent or
suspended, or when he is connected with
| the party against whom IL Is his duty TO
appear by consanguinity or affinity with
| In the fourth degree or when there is q
vacancy in the office from any cause or
| when the qualified electors have failed to
elect a Solicitor or when the Solicitor
refuses to act, must appoint 81 competent
| attorney to act In the Solicitors place.
who shall act during the absence or dis
| qualification of the Solicitor or until his
office Is filled In the manner provided by
| law, or while the Solicitor refuses to
act; and In all such cases the attorney
so appointed shall be entitled to ten dol
lars per day while so engaged In court.
ITO be paid on the warrant of the Audi
| tor, drawn on the Treasury, the clerk of
the court having first certified to the
Auditor in writing the number of days
such attorney was so engaged in court.
Sec. a. That all fines and forfeitures
| imposed and collected and costs and fees
collected by said court shall be disposed
or in the same manner as similar fines
! and forfeitures, costs and fees are now
disposed of in similar cases in the Circuit
| Court, County Court and Chancery Court
of Lee County. except as herein other
wise provided. That witnesses and Jurors
shall receive the same fees and COM
pensation for attendance upon said Lee
! County Court of Law and Equity as are
now allowed for similar services in the