The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-08-30


proper. Provided, that II the Judge of
said Court shall fall to attend at the
beginning of any term Of said Court.
or the terms OF the Court should not
begin. for any cause. that then the
court shall stand adjourned from day
today. until the judge does attend.
Sec. 8. That there shall be four jury
terms In said court each year. one to
commence on the second Monday in
March, one on the second Monday Of
June, one on the second Monday of
September and the other on the Sec
ond Monday of December. and the said
jury terms may continue for three
weeks. or until the business Of the
Court shall have been disposed of. and
that grand juries and petit juries for
the trial OF causes IN said court shall
be drawn by the Judge and the cerk
OF said Court in the same manner as
Is now provided by law for drawing
turies for the Circuit Court of said
County: said juries shall be drawn at
least twenty days before the FIRST day
on which they are to serve, and they
shall be summoned as IL or may here
after be provided by law, for summon
ing and impaneling such luries In the
Circuit Court and the said County
Court of Shelby County" shall have the
same power and authority to order spe-
cial venires and to summon, swear
and impanel tales juries as the Circuit
Courts of the State: Provided, That the
be drawn. summoned and fmpaneied as
is now or may be hereafter provided
by law for drawing. summoning and
impaneling juries for the trial OF capt.
tai cases in the Circuit Courts of the
State, except that the drawing Of all
juries under any section of this act
shall be by the Judge and the clerk
of said Court: Provided that grand
juries shall be summoned to attend said
Court on the second Mondays OF Feb
ruary and August In each year. when
they shall be. organised and impaneled
and may continue In session until the
business before them 10 disposed of,not
however, to- exceed three weeks at any
one term Provided further, That on
the request of the Judge of said Court.
the Probate judge of the said County
Of Shelby shall deliver the Jury box
OF said County to such Judge and clerk
for the purpose of drawing juries as
herein above in this and other sections
provided. The challenge of jurors shall
be the same as now or as hereafter
may be provided by Jaw IN z the Cir
cult Courts Of the State. and all law
applicable to Jurors and juries in the
Circuit Courts OF the State shall apply
equally to this Court, except as other
further, That whenever In the opinion
of the Judge Of said Court IL is nec-
essary to. Organise a. grand jury for
the investigation of any capital offense,
or any. homicide. or any, assault with
intent to ravish, committed in said
County, the Judge of said Court may
by an order made and entered on the
minutes of said Court. order q special
grand jury, drawn and summoned for
that purpose and may organize. en-
panel and charge such special grand
juries. and said grand jury shall pro-
coed at once to investigate the matter
for which 1t was organized. after
which It shall adjourn; and the judge
may In like manner order a special
petit jury drawn and summoned for
the purpose of trial Of the person in
dicted by said special grand jury. and
may proceed to organize and impanel
such special petit jury to try such
cause at any time he may deem such
proceedings necessary.
Sec. .. That In all civil cases at
law in said County Court of Shelby
be required by the summons therein
served upon them to appear, plead or
demur to the complaint within thirty
days after such service or summons
and complaint upon them, whether
such service shall be executed in term
time or vacation. In cases commenced
otherwise than by suing out and ser
vice of summons and complaint. de-
PENDANTS shall appear, plead or demur
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 service, notice
or perfection OF publication, such cases
shall be at Issue and and triable when
the same shall be reached on the re-
gular call of the docket. Any defend
ant falling for more than thirty days
after such service, notice or perfection
of publication, in any cause to appear
therein, plead or demur. shall be held
to be in default and Judgment by de-
fault may be rendered against them
upon motion of plaintiff or his counsel.
at any time thereafter; Provided. that
for good cause shown the Judge of
said Court may allow pleas or either
defenses to be fled after thirty days on
such terms as he may think just; Pro-
vided further. however that the Judge
shall have no authority to allow pleas
or other defenses to be filed after thirty
days from the perfection of service on
the defendants, except by the consent
of the opposing party, or unless such
pleas or other defenses are accompani-
ed by an affidavit made by the defend
emit or his attorney of record. that in
belief Of the afiant the defendent has
meritorious defense to the cause of
action asserted in the complaint. and
that such pleas or other. defenseS are
not interposed for delay. When such
affidavit is made, It shall be within
the discretion OF the Judge whether he
will allow such default on Judgment
to be opened or not, and he may i'm
pose such terms with reference to the
cost of case. as to him may seem
proper.
Sec. 10. That in all civil cases at law
in said Court. the isue and question of
fact shall be tried by the Court with
out the Intervention of a jury unless a
jury be demanded by the plaintiff at
the commencement of the suit, by en-
dorsing such demand on the summons
and complaint or other original process
Or by the defendant or other party at
his appearance by endorsing such de-
murrer or other pleading; Provided.
said County Court of Shelby County"
by appeal or otherwise from a JUS
tice court, or transferred from the Cir
cult or Chancery Court, the demand for
Jury shall be made at the time of
the application of such transfer. and
the failure to demand a jury as above
directed shall be deemed and held a
waiver Of the right to trial by jury
And provided further, That when
cause shall have been tried without
the Intervention OF a jury and a new
trial granted by the Court. or when
the same shall have been reversed and
remanded by the supreme Court, that
either party to the cause may demand