The Montgomery advertiser., 1909-09-16

days notice Of the taking of the ap- peal shall have been given to the ap- police as required by law.
 Sec. s1. That final judgments and decrees rendered In said Marengo Law and Equity Court shall after the ex- piration of thirty days from their rem dition, be completely beyond the con troi of said court, as if the term aI
 which they were rendered had ended and expired at the termination of thfr- ty days; provided. that nothing herein contained shall prevent parties from applying for new trials and rehearfngs
 within said thirty days. or destroy or change the effect of motions for new trials or rehearings when SO made. or shall prevent parties from applying to said court for a rehearing under the statutes authorizing applications for rehearings in the Circuit Courts of the State. or shall prevent said court from retrying any case under Section 5s7l of the Code of 1907. or shall prevent said court from exercising any power or jurisdiction conferred upon the Cir cult and Chancery Courts touching hnal Judgments and decrees.
 Sec. s2. That the venue in any cause in said Marengo Law and Equity Court may be changed to another than MarenRo County under the same rules. and conditions in the same cases and in the same manner as changes of venue are had in the GIT cult Courts of this State, and snail De governed In all respects by the same laws which govern In such matters Ill the said Circuit Courts.
 Sec. sa. That appeals may be taken to said Marengo Law and Equity Court from any municipal court. justice or the peace court, or other inferior courts of Marengo County, in all eases where and when appeals could be taken under the law now or hereafter exist- ing from such courts to the Circui. Courts, and they shall be taken In the same manner; and mayors and intend ents of municipal courts. justices or the peace and notaries public ex omcio justices of the peace and judges or any inferior court in Marengo County may bind any defendant over to the Ma rengo law and Equity Court to ap- pear and answer any indictment Tor any charge to be preferred by any grand jury of said court. in the same cases and in the same manner as such officers now bind such defendants over to the Circuit Court.
 Sec. a.. That the judge of said Ma rengo Law and Equity Court may cause to be drawn, summoned. sworn, and impanelled grand or petit juries Tor said court when petitioned in writing by a majority of the attorneys prac- ticing in said court. or when In ms opinion the docket or the public good may require 1t.
 Sec. s5. That if the judge of the said Marengo Law and Equity Court shall fail to attend the commencement Of any term of said court, or the term or said court should not begin on the day provided for the commencement there of from any cause whatsoever, the said court shall stand adjourned from day to day until the judge thereof, or special judge herein provided for. does attend, or until such cause be removed:
 Sec. 3s. That the solicitor or saio Marengo Law and Equity Court may appoint and have an assistant solicitor. who shall have the same autnorily ana perform the same duties and be sup" feet to the same penalties as the solici- tor of said court; provided, that the compensation of said assistant solicitor shall be paid by the solicitor out ot the salary allowed to him under the provisions of this Act. and said assist ant solicitor shall not be entitled 70 receive any other compensation out or the solicitors fees accruing In salo court, and if the solicitor of said court or his assistant solicitor, shall fail 70 attend and prosecute any cause m said court. which he Is herein required 10 nrosecute, or for any cause be ols- nualifed to prosecute any case, the fudge presiding in said court shall ap.
 point a solicitor pro tenn, who snAli
 perform all the duties of the solicitor
 of said court during such soucitors rbaenee or .disaualihca tion,. and spcn annointee solicitor shall receive as comnensation for his services tb per day for each day that he may De en- 9aEed in the performance of the duties off solicitor, said sum to be paid cut of the Marengo Law and Equity Court fine and forfeiture funo' hsreih
 Sac, s7. Chapter Fifty-nine (59l of the Code of 1907, relating to bills or exceptions Is hereby adopted and made
 Sec aS. That ali criminal eases now or h ereafter pending in the County or Circuit Courts of Marenko county may. on the agreement Of the detena- ant or his attorney of record ana tne Solicitor of the County or SrSu' Court. be transferred to the said Ma rengo Law and Equity Court Tor trial. and said cases shall be placed on the docket of the division of said court wharein the offense charged was com- mitted: and that all civil cases now or hereafter pending in the Circuit ana Chancery Courts of Marengo county, may. on agreement of all parties there to or their attorneys or record' pc the Agreements hereIn provided for must be in writing and must be hled with the Clerk of the Circuit Court or the Register of the Chancery Court as the case may be, whereupon such officers must certify and transfer such cases to the proper docket of said court. and must nle therein all original papers Tn saln eases, together with certified copies of ali docket and minute entries in said cases. whereupon said Marengo Law and Equity Court shall acquire and have exclusive jurisdiction of and over all such transferred cases.
 Sec. 39. That after the expiration Of ten days from the rendition of any judgment or decree In said Mareng" Law and Equity Court. unless such de- cree or judgment shall otherwise di- rect. the Clerk or Register of said court, as the case may be. unless order ed in writing entered upon his order book to be kept by him for such pur- noses. not to do so by any plaintiff or or other person entitled to its issuance. or their attorneys Of record. shall issue execution in term time or vacation on such Judgment or decree returnable within ninety days after its date, and in like manner upon an order to do so. said Register shall execute any order or decree Of sale Of real estate or personal property for which a decree has been rendered In equity in said court. after complying with the rules governing Registers in the Chancery Courts of the State for