The Montgomery advertiser., 1909-09-16

ERTISER.
 list until only twelve names remain thereon. The twelve thus selected shah be sworn and enrpaneiled as re- quired by law for the trial of the de- fendant or defendants. If in any capf- tai case the number of competent jurors shall be less than twenty before requirinx any of them to be stricken on, the court must draw as prescribed in this Act. and have summoned, enough qualified jurors who are with in or live within five miles of the court house or who live within the corporate limits of . city of 10000 or more inhabitants in which the court Is held to increase the number to at least thirty. and have their names placed on the list with other compe- tent jurors and shall then require the solicitor and the defendant or defend- ants to strike from the list as provided In this section. the number of jurors that each may be entitled to strike off: until only twelve remain thereon, and these twelve shall be sworn and em- panelled as the jury for the trial or the defendant or defendants If any defendant or defendants should refuse to strike the number of jurors allowed
  ed him, under the direction or the court, then the presiding judge shall proceed to strike off all the names on the list except those stricken off by the solicitor. until there remain only twelve, and these shall constitute the jury for the trial of the defendant or the defendants. If the sheriff fails to summon any of the jurors drawn, or any juror summoned fail or refuse to attend the trial or there fs any mis- take in the name of any juror drawn or summoned, none nor all of these grounds shall be sufficient to quash the venire or continue the cause: Provided further. that whenever the judge of any court trying capital feionies shall deem 1t proper to set two or more capital cases for trial for the same day, said judge may draw and have summoned one jury or one venire facias or petit jurors for the trial of all such cases 50 set for trial on the same day.
 Approved August S1. 1903.
 Oficial.
 Frank N. Julian,
 Secretary of State.
 No. 217) AN ACT. (S. l. To authorize and empower the Com
 missioners Court. Board of Reve-
 nue, or other court or county om-
 cers of similar or like Jurisdiction,
 to donate or appropriate funds
 from inc county treasury to aid in
 the construction or improvement or
 necessary buildings and the main
 tanance and support of those state
 schools known as County Hign
 schoois. established under the act
 of the Legislature approved Au-
 gust 2, 1907, and to ratify and con
 frm all appropriations heretofore
 made for such purposes ana 70 re
 peal ell laws and parts of laws Tn
 conflict herewith.
 Section 1. Be 1t enacted by the Leg islature of Alabama, That on and after the approval of this act by the Cover nor 1t shall be lawful for the Commis- sioners' Court, Board of Revenue. or other court or ofioers of the county or similar or like Jurisdiction to donate or appropriate funds from the county treasury to aid In the construction or improvement of necessary buildings and the maintenance and support of those State schools known as County High Schools, established In the sev- erai counties of the State under an act of the Legislature entitled an act to provide for the establishment or Hign Schools in this State. and to make ap- propriations for said schools, approved August q 1907, such donations or ap-
  fits of said schools under the supervss- Ion and control of the County Board of Education, and not otherwise That sppropriations heretofore made from county funds by the Courts of County Commissioner or the courts or Boards of Revenue of the several counties in this State used to be used in the con- struction or maintenance oI sucn schools are hereby ratified and con Armed. provided that the, provisions of this act shall not effect suits hereto fore filed to test the legality or eppro. priations made by Courts of County CommisM toner's or Boards of Revenue to aid in the construction of County Hign Schools, provided furthere that the ap- propriations being tested by such pend ing suits are hereby ratified and con irmed. and this act shall not be set ap as c defense to any Such pending sult
 Approved Aug. 2s. 1909
 Ohicial.
 Frank N. Julian.
 Secretary of State.
 No. 1G1.) AN ACT. lH. 25s To amend Section 4o32 of the Code or
 Alabama of 1907.
 Section 1. Be 1t enacted by the Leg- islature of Alabama, That section 4OSS of the Code of 1907 be and the same Is hereby amended so as to read as fol- iowM l0s2. Interrogatories may be filed. commissions; notice-The party, after making affidavit, may nle with the clerk interrogatories to be pro- pounded to the witness. of which. and of the residence of the witness, and of the Commissioner to be appointed. and the clerk must give the opposite party or his attorney. notice in writing, who has ten days thereafter to nle cross interrogatoriea. to which the party iiinE the interrogatories may nle rebuttinK intsrrogAtorieA After the expiration of the ten days. commits sion. accompanied by a copy of the ln- terroKatories and of the cross and ret putting interrogatories, lf filed. must be issued by the clerk to take the dep- osition, which may be taken at such time and place as the commissioner shall appoint. On failure to glve the notice herein required of the residence of the witness and the commissioner. unless the same is waived by the ad- verse party, the deposition of such wit ness must be suppressed at the cost ot the party taking it.
 Approved Aug. as. 1908.
 Onicial,
 Frank N. JuIian.
 Secretary of State. No. 179.) AN ACT. (H. 19S To authorize Boards of Revenue and