The Birmingham age-herald., 1909-08-30

snail Tall to attend di the DGSliaiN5 OA 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 to day, until the judge does at tend.
 See s. 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 Sep tember and the other on the second Mon day 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 Clerk of said Court in the same man. ner as is now provided by law for drawing juries for the Circuit Court of said County; said juries shall be drawn al least twenty days before the first day on which they are to serve, and they shall be summoned as Is or may hereaf- ter be provided by law for summoning and impaneling such juries in the Circuit Court, and the said County Court of shelby County shall have the same pow CT and authority To order special Eenires and to summon, swear and impanel tales juries the Circuit Courts of the State; Provided. That the juries for the trial of capital cases shall be drawn. summoned and impaneled as Is now or may be here after provided by law for drawing sum moning and inpaneling juries for the trial of capital 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 February and August ill each year when they shall be organized and impaneled and may con tjnue in session until the business be- fore them is disposed of. not however. 10 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 de- liver 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 chal- lenge of jurors shall be the same as now or a hereafter may be provided by law in the Circuit Courts of the State. and all law applicable to jurors and juries in the Circuit Courts of the State shall ap- ply equally to this Court. except as otherwise provided in thls act; Provided further, That whenever in the opinion of the judge of said Court 1t is necessary 10 organize grand jury for the inyesti- gation 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 a special grand jury, drawn and summoned Tor that purpose and may organize, empanel and charge such special grand juries, and said grand jury shall proceed at once to investigate the matter for which it was organized, after which it shall adjourn: and the judge may in like manner order special petit jury drawn and summoned for the purpose of trial of the person indicted by said special grand jury, and may pro- ceed to organize and impanel such spe- cial petit jury to try such cause at any time he may deem such proceedings nec- essary.
 Sec. g. That in all civil cases at law in said County Court of Shelby County the defendants therein shall be required by the summons therein served upon them to appear, plead or demur to the complaint within thirty days after such , service of summons and complaint upon them, whether such service shall be exc cuted in term time or vacation. In cases commenced otherwise than by suing out and service of summons and complaint, defendants 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 i be at issue and triable when the same shall be reached on the regular call of the docket. Any defendant failing 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 judg- ment by default may be rendered against them upon motion of plaintiff or his counsel, at any time thereafter; Pro- vided, That for good cause shown the judge of said Court may allow pleas or either defenses to be filed after thirty days on such terms as he may think just i; Provided further, however, that the judge shall have no authority to allow pleas or 1 other defenses to be filed after thirty l days from the perfection of service on i the defendants, except by the consent of 1 the opposing party, or unless such pleas or other defenses are accompanied by an l affidavit made by the defendant or his attorney of record, that in belief of the affiant the defendant has a meritorious 1 defense to the cause of action asserted
 in the complaint, and that such pleas or l other defenses are not interposed for de- l lay. When such affidavit is made, it I shall be within the discretion of the judge l whether he will allow such default on 1 judgment to be opened or not, and he
 may impose 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 issue and question of
 fact shall be tried by the Court without
 the intervention of a jury unless a jury
 be demanded by the plaintiff at the com
 mencement of the suit, by endorsing 1 such demand on the summons and oom-
 plaint or other original process or by the
 defendant or other party at his appear
 ance by endorsing such demand in writ
 ing on the plea or demurrer or other
 pleading; Provided, That when a cause is
 transferred to said County Court oi
 Shelby County" by appeal or otherwise
 from a justice court or transferred iron
 the Circuit or Chancery Court, the de
 mand for a jury shall be made at th'
 time of the application of such transfer
 and the failure to demand a jury a.
 above directed shall be deemed and helC
 waiver of the right to trial by jury
 And provided further, That when a
 cause shall have been tried without tho
 intervention of jury and new tria
 granted by the Court, or when the same
 shall have been reversed and remandet
 by the Supreme Court, that either party
 to the cause may demand a jury. provi
 ded such demand is made at the frs
 sounding of the cause thereafter: Pro l vided, that when no demand Is made
 by the party taking an appeal from [ i justice court or other inferior tribunal
 to said County Court of Shelby County
 as herein provided, or when any cause |.
 brought to said Court by certiorari tn,