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

list until only twelve names remain there on The twelve thus selected shall be sworn and empanelled as required by law for the trial of the defendant or defend- ants. If in any capital case the number of competent jurors shall be less than twenty, before requiring any of them to be stricken off, the court must draw as prescribed in this Act, and have sum- moned enough qualified jurors who arc within or live within five miles Of the court house or who live within the cor porate 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 competent jurors, and shall then require the solicitor and the defend- ant or defendants 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 of the defendant or defendants. If any defend- ant or defendants should refuse to strike the number of jurors allowed him by this Act from the list furnished him, un- der the direction of 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 con- sttute the jury for the trial of the de- fendant or defendants. If the sheriff fails to summon any of the jurors drawn, or any juror summoned. fail or refuse to at tend the trial, or there is any mistake in the name of any juror drawn or sum- moned, none or all of these grounds shall be sufficient to quash the yenire or con- tinue the cause. Provided further, that whenever the judge of any court trying capital felonies 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 so set for trial on the same day.
 Approved August 31, 1909.
 Official.
 Frank N. Julian,
 Secretary of State.
 No. 217) AN ACT (S '. To authorize and empower the Commis-
 sloners' Court, Board of Revenue, or
 other court or county officers of similar
 or like Jurisdiction, to donate or appro-
 priate funds from the county treasury
 to aid in the construction or improve
 ment of necessary buildings and the
 maintenance and support of those State
 alf.o1 1p 1rras Jt.-l, EAI
 esta b1shed under the act of the Legis-
 lature approved August T, 1907 and to
 ratify and confirm all appropriations
 heretofore made for such purposes and
 to repeal all laws and parts of laws in
 conflict herewith.
 Section l. Be it enacted by the Legisla- ture of Alabama, That on and after the approval of this act by the Governor it shall be lawful for the Commissioners Court. Board of Revenue, or other court or officers of the county of similar or like jurisdiction to donate or appropriate funds from the county treasury to aid in the construction or improvement of neces- sary buildings and the maintenance and support of those State schools known as County High Schools, esta ablished in the several counties of the State under an act of the Legislature entitled an act to provide for the establishment of High Schools in this State, and to make ap- propriations for said schools, approved August ', 1907, such donations or ap- propriations to be applied to the benefits of said schools under the supervision and control of the County Board of Educa- ton, and not otherwise That appropria- tions heretofore made from county funds by the Courts of County Commissioners or the Courts or Boards of Revenue of the several counties in this State used or to be used in the construction or mainten- ance of such schools are hereby ratified and confirmed, provided that the provis- ions of this act shall not affect suits here tofore filed to test the legality of appro- prlations made by Courts of County Com missioners or Boards of Revenue to aid in the construction of County High Schools, provided further, that the ap- propriations being tested by such pending suits are hereby ratified and confirmed, and this act shall not be. set up as de- fense to any such pending suit.
 Approved August 2s. 1909.
 Official
 Frank N. Julian,
 Secretary of State