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


 ton, within thirty days after serv- ice Is perfected by such publication; and
 in all other cases the defendant must ap- pear and plead or demur within thirty days after the perfection of service upon him; and in all cases, whether commenced by summons and complaint, attachment or otherwise, any defendant failing Tor more than thirty days after service has been perfected upon him to appear and demur or plead, shall be held to be in de- fault and at any time thereafter judg- ment by default, on motion of the plain tiff. may be rendered against him, pro- vided, however, that the court may for good cause shown, allow such judgment so obtained by default to be set aside and demurrers or pleas to be filed on such terms as the court may think just, but no application to set aside such judg- ment, unless 1t be for some reversible error committed in the rendition thereof, shall be entertained by the court unless accompanied by an affidavit made by the defendant or his agent or attorney to the effect that, In the belief of affiant, the defendant has a lawful defense to such suit.
 Sec. ?. That in all cases, whether commenced by summons and complaint, attachment or otherwise, the issue and question of fact shall be tried by the court without the intervention of jury, unless jury be demanded by the plaintiff at the commencement of the suit. or by the defendant at the time he appears, or by any other person interested in such issue or question at the time he appears, such demand must be made by the plain tiff or the party occupying the position of plaintiff by endorsing the same in writ ing upon the summons and complaint, att tachment, petition, claim or other paper filed by him, for the purpose of instituttng such suit,pr when he intervenes without suing out process, upon the pleading or paper filed by him for the purpose of pre- senting such issue or question of fact, and by the defendant or other party oc- eupying the position of defendant, in cluding garnishees, by indorsing such de- mand in writing upon the demur plea, answer or other pleading filed by him; and in all bases brought by appeal or eer- tiorari from judgments of justice of the peace or other inferior courts the issues and questions of fact shall be tried by the court without Jury unless de- mand for a trial by jury be made in writ ing and filed in the case by the party taking the appeal or suing out the cer- tiorar at the time of the taking out or suing out of the same, or by the oppo- site party within thirty days after he has been served with notice of the appeal or certiorari.
 O I without jury in said court in addition to the question which may be under ex-
 sting laws presented to the Supreme Court for review, either party may by bill of exceptions also present for review the conclusions and judgments Of the court on the evidence and the Supreme Court shall review the same without any presumption in favor of the court below on the evidence, and if there be an error, shall render such judgment in the case as the court below should have rendered or reverse and remand the same for fur- ther proceedings as to the Supreme Court shall be deemed right.
 Sec. f. That the provisions of this Act shall not apply to the trial of persons charged with misdemeanors or other crimes, whether commenced in said court, or brought thereto by appeal; nor shall they apply to trial of cases brought to said court by appeal from the judg- ment of the mayor of any city or town in said county for the violation of any municipal ordinance.
 Sec. D. That all laws and parts of laws in conflict with the provisions of this Act shall be and the same are hereby re- pealed;
 Approved Nov. 2S, 19O7
 Official
 Frank N. Julian.
 Secretary of State.
 No. S3) AN ACT (S. 42. To amend Section IT of An Act entitled
 An Act to provide for the organization,
 incorporation, government and regula- ton of cities and towns and to define ! the rights. powers, duties, Jurisdiction and authority of such cities and towns and of the officers thereof, and to pre- scribe penalties for violations Of the provisions of this act,' approved Au- gust IS, 1907.
 Section Il Be it enacted by the Legis- lature of Alabama, That Section TIT of an act entitled An Act to provide for the organization, incorporation, govern ment and regulation of cities and towns, and to define the rights, powers, duties, jurisdiction and authority of such cities and towns, and of the officers thereof, and to prescribe penalties for violations of the provisions of this Act, approved August l3. 1907 be amended so as to read as follows: Section TT. The provisions of tins act, relative to public school sys- tems, shall not apply to cities and towns now having by law combined city ana county school system, operated under a single board of education or where single board of education. or where the members of the board hold offices for life under any law existing at the time or the passing of this act, or under any law which may hereafter be enacted by the Legislature That when by any provision of law, any certain or definite percentage of the revenues of any city or town from license or taxes, either or both, is re- quired to be used for the maintenance or it's public schools, then such provisions shall be unaffected by this act and shall be and remain in full force and effect.
 Provided that the provisions of this act shall not be construed as In any manner affecting any law prohibiting the sale of liquors in this State.
 Approved Nov. 23, 1907.
 Official:
 Frank N. Julian,
 Secretary of State
 No 7s. AN ACT. (S. 51. To authorize and empower incorporated cities and towns in this State to con
 vey to the State of Alabama, to be used for school purposes only, any public school building and real estate connected herewith. or any real .es- fate located in such city or town to