The Birmingham age-herald., 1909-09-16

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 | which they were rendered had ended and expired at the termination of thir- ty days provided that nothing herein contained shall prevent parties from | applying for new trials and rehearings within said thirty days, or destroy or | change the effect of motions for new trials or rehearings when so made, or | snail 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 1 fetrylng any case under Section 5371 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 final | Judgment and decrees.
 | Sec. 32. That the venue in any cause | in said Marengo Law and Equity [ Court may be changed to another than Marengo County under the same rules | regulations and conditions in the same cases and in the same manner as changes of venue are had in the Cir cult Courts of this State and shall be governed in all respects by the same laws which govern in such matters in the said Circuit Courts
 Sec. B. That appeals may be taken to said Marengo Law and Equity Court from any municipal court, justice of the peace court, or other inferior courts of Marengo County. in all cases where and when appeals could be taken under the law now or hereafter exist ing from such courts to the Circuit Courts, and they shall be taken in the same manner; and mayors and intend ents of municipal courts, justices of the peace and notaries public ex-officio justices of the peace and judges of any in Ha r. bind any defendant over to the Ma rengo Law and Equity Court, to ap- pear and answer any indictment for 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 34. That the judge of said Ma rengo Law and Equity Court may cause 10 be drawn, summoned, sworn, and impannelled grand or petit turies for said court when petitioned in writing by majority of the attorneys prac- tlcing In said court, or when in his 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 fall to attend the commencement of any term of said court or the term of
 
 provided for the commencement there of from any cause whatsoever. the said court shall stand adjourned from day 10 day until the judge thereof or special judge herein provided for, does attend. or until such cause be removed
 Sec. 36. That the solicitor of said Marengo Law and Equity Court may appoint and have an assistant solicitor, who shall have the same authority and &l.A
 1ect 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 of the salary allowed to him under the provisions of this Act, and said assist ant solicitor shall not be entitled 10 receive any other compensation out of the solicitors fees aceruing in said court and if the solicitor of said court or his assistant solicitor shall fail to attend and prosecute any cause in said court, which he is herein required to prosecute, or for any cause be dis qualified to prosecute any case the judge presiding in said court shall ap- point a solicitor pro tenn, who shall perform all the duties of the solicitor of said court during such solicitors absence or disqualification, and such appointee solicitor shall receive as coinpehsdtion TOT ms ServlceS $5 per day for each day that he may be en- gagged in the performance of the duties of solicitor. said sum to be paid out of the Marengo Law and Equity Court fine and forfeiture fund, herein provided for, on his order.
 Sec. ST. Chapter F'ifty-nine (59) of the Code of 1S07 relating to bills of exceptions is hereby adopted and made a part of this act.
 Sec ss. That all criminal cases now or hereafter pending in the County or Circuit Courts of Marengo County, may, on the agreement of the defend ant or his attorney of record and the Solicitor of the County or Circuit Court, be transferred to the said Ma rengo Law and Equity Court for trial, and said cases shall be placed on the docket of the division of said court wherein the offense charged was com mitted; and that all civil cases now or hereafter pending in the Circuit and Chancery Courts of Marengo County may, on agreement of all parties there to or their attorneys of record, be transferred to said court for trial. All the agreements herein provided for must be in writing and must be filed with the Clerk of the Circuit Court or the Register of the Chancery court, respectively, as the case may be, whereupon such officers must certify and transfer such cases to the proper docket of said court, and must file therein all original papers in said eases, together with certified copy of all 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. 3s. That after the expiration of ten days from the rendition of any judgment or decree in said Marengo Law and Equity Court. unless such de- cree or judgment shall otherwise d. 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- poses, not to do so by any plaintiff or complainant or other person entitled to It's issuance, or their attorneys of record, shall issue execution in term time or vacation on such judgment or decree returnable within ninety days after It's 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 tke State for the sale of real estate and personal property so far as the same may be ap- plicable to this court; provided, that nothing herein contained shall prevent any party from making affidavit and having execution issued immediately as provided by law; and provided, fur ther, that nothing herein contained shall prevent the superceding of an