The Montgomery advertiser., 1907-03-25

and in addition thereto he shall be | entitled to an additional ex-officio Tee or compensation of $400 per annum | which shall be paid quarterly at the end of each quarter on his own war
 rant on the county treasury.
 I Sec. 4. That the Governor shall ap- point a Solicitor for said Lee County l Court of Law and Equity. with all the powers. duties, authority, obligations and liabilities of solicitors of Circuit l Courts in Alabama; that he shall hold | said office until the general election or | 1910. and until his successor shall have l been elected and qualified. That at said general election in 1910. and ev- cry four years thereafter, solicitor of said Lee County Court of Law and ] Equity shall be elected by the quali- l fled voters of said Lee County, whose terms of office shall be four years from the date of his election. And said solicitor so appointed and elected shall be an officer of said court and l shall be charged with the performance l of the same duties in said Lee County Court of Law and Equity. and subject | to the same liabilities and penalties in respect thereto. as are by law imposed upon Circuit Court solicitors and coun- | ty solicitors in like cases in the Cir- cult and County Courts of the State. | For the term of office beginning on 1 the passage and approval of this act | and ending at the time of the general election in 1910 as herein provided. the | salary of the solicitor shall be twen- | ty-two hundred dollars per annum. 1 payable in the same manner as pro- vided by law for the payment or Cir- cult Court solicitors; and for the sup- seduent terms, said solicitor shall re- ceive a salary of $1,800 per annum,
 which shall be payable in the same
 manner as provided by law for the pay
 ment of Circuit Court solicitors. Such
 solicitor shall be learned in the law and shall during his ser vice and term of office reside in the County of Lee. That there shall be charged and collected the same solicl- tors fees and commissions in all crfmi- nal cases in said Lee County Court Of Law and Equity as are now collected in such cases in the Circuit and Coun- ty Courts of this State. and said fees and commissions shall be covered into the state treasury in all respects the same as now provided by law for fees and commissions collected in the Cir- cult Courts of the State.
 Sec. B. That said court shall be held in the court house of Lee County; that the office of the judge of said court. the office of the clerk and register of said court, and the office of the Solici- tor, and all the records of said court shall be in the court house of Lee County. in the City of Opeltka. Said court shall hold two regular terms in each year. as follows: The first begin nlng on the second Monday in January, and ending on the third Saturday in June, and the second term beginning on the fourth Monday in July and end- ing on the second Saturday in Decenf- Der of each year; provided that the first term of court to be held under this act shall begin on the fourth Monday in July. 1907.
 Sec. G. Be 1t further enacted. that in all civil cases at law in said court. the defendants thereto shall be requir- cd by the summons therein served up- on them to appear and plead or demur to the complaint within thirty days af- ter such service of summons and com plaint upon them, whether such service shall be served upon them in term time or vacation. In cases commenced otherwise than by suing out and ser vice of summons and complaint. defen- dent shall appear and demur or plead within thirty days after perfection of service, notice. or publication upon them. whether the same shall occur in term time or vacation, and in all cases. after thirty days from such ser vice, notice or perfection of publica- ton. such cause shall be at issue and triable when the cause shall be reach ed on the regular call of the docket Any defendant failing for mora than thirty days after such service, notice or perfection of publication In any cause to appear therein and demur or ment by default may be rendered plead shall be held in default, and judg- against him whenevr such cause shall be reached on the call of the docket: provided that for good cause shown the judge of said court may al- Tr~~. 1s.. IL ~kl, z.F@ to be filed after such thirty days on such terms as he may think just. That all original and mesne process issuing from said court shall be executed in- stanter and returned immediately upon the execution thereof by the officer re- ceivIng 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 a jury be demanded by the plaintiff in writing at the com mencement of the suit, or by the defen- dant on his appearSnce, by endorsing such demand in writing upon the sum- mons and complaint, 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 demand; provided further that a failure 10 demand a jury as above directed shall be held and considered as 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 judg- ments thereon, and from such judgment or ruling an appeal lies to the Supreme Court, to be taken within thirty days after the rendition of such judgment or ruling, but nothing herein contained shall prevent an assignment of error on such judgment on appeals take af- ter the final determination of the cause, if appeals are not taken under this
 section.
 Sec. 2. That the venue in any cause in said court may be changed to other counties than Lee, under the same rules and regulations as govern changes of venue in the circuit courts of the State.
 Sec. 8. That appeals and writs of certlorari may be taken to this court from justice courts, probate court.
 mayors courts and recorders courts and other inferior courts within the
 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 Circuit Court
 of Lee County, and the procedure and
 practice in all such cases shall be the same, unless herein otherwise provided. as in appeals in such cases to the Cir
 cult Court. That all cases of misde-
 meanors returned by justices of the
 peace, or appeals from Justices or other