davidaulloa/AmericanStories huggingface dataset:
The Birmingham age-herald., 1915-10-23
TWENTY-FOUR

reversed because the Judgment of the lower court is excessive and that there is no other ground of reversal, the su- rreme court or. court of appeals, shall notify the appellee of the amount which it deems in excess of the just and proper amount of recovery. and require the ap- police within time to be stated in said notice to remit such amount upon penalty Of a reversal of the case. If the ap- pellea does not within the time stated in such notice, or within such further time as may be granted by the court for good reason, file remittitur of such ex- cessiye amount the court shall reverse and remand the case; but if the appellee shall fIe with the court a remittitur of the amount deemed excessive by the court, the court shall reduce the amount of the judgment and shall affarm ,ne case and enter a judgment for such re- duced amount, which judgment so entered shall be and remain the judgment of the lower court and shall date back to the time of the rendition of the judgment in the lower court.
 ?. That all laws and parts of laws in conflict with the provisions of this act, be and the same are hereby repealed. Approved September r. 1915.
 AN ACT
 official:
 JOHN PuRIFOY.
 Secretary of State.
The Birmingham age-herald., 1915-10-23
AN ACT

No. 492) (S. 426 Hill
 To pay Teague & Sons the sum of s6l3.S5
 said sum being owed by the state, to Teague & Sons.
 Section 1. Be 1t enacted by the legisla- ture of Alabama that the auditor of Ala
 bema Is hereby authorized and required to draw a warrant upon the treasury of
 Alabama in favor of Teague & Sons of Montgomery, Ala, for the sum of $64SS5 and the treasurer of the state of Ala boma shall pay said warrant out of tht convict fund in the state treasury not otherwise expended Approved September 16. 19l5 Official:
 JOHN PURIFOY, Secretary of State.
The Birmingham age-herald., 1915-10-23

inal plaintiff shall have no further au- thority or control over such judgment Approved September Is. 1915. Official:
 JOHN PURIFOY,
 Secretary of State.
The Birmingham age-herald., 1915-10-23
AN ACT

 No. 66O) IS. 15S Key. To require the bodies of all dead ani- mas to be burned or buried and to provide q penalty for the failure to do SO
 Be it enacted by the legislature of Ala bama:
 l. That it shall be the duty of all own CTS custodians of animals which die are killed in their possession or GUS tody, other than such as are slaughtered fer food. within "A hours to cause the bodies of such animals to be burned, or buried at least two feet below the sur face of the ground, provided that hogs dying with cholera shall be burned No such burning shall be sufficiently near a residence or residences as to create a nuisance.
 ?. Any person violating this act. either by failure to burn or bury an animal dy- ing or being killed in his possession or by causing the same to be burned in such proximity to dwelling or in such other way as to become a nuisance, shall, on conviction, be fined not less than $10, nor more than $50.
 Approved September 22 1915. Official:
 JOHN PURIFOY.
 Secretary of State.
The Birmingham age-herald., 1915-10-23
AN ACT

No. 539) IS. 54l. LusS of the code. Be 1t enacted by the legislature of Ala bama.
 l. That subdivision 1 of section 3255 ot the code to be amended so as to read l. To exercise original Jurisdiction of all felonies and misdemeanors; of all actions for libel. islander, assault and battery, and of ejectments without regard to the amount involved: and of all other suits and actions at law when the matter or sum in controversy exceeds $50, and ir all causes in equity
 Approved September r, 1915. Official
 JOHN PURIFOY.
 Secretary of State.
The Birmingham age-herald., 1915-10-23

No. 637D (s 492. Miner TO provide for taking testimony orally
 in open court in equity cases. Be it enacted by the legislature of Ala
 bama:
 l. That in all cases in equity the judge or chancellor before whom the case is pending may at any time before fna! decree cause any or all of the witnesses to be examined orally before him in open court.
 2. In all cases where a witness is ex- anined orally in open court under the provisions of this act the chancellor or judge trying the case must require the court reporter, or some other competent stenographer, to take down the testi- mony, as delivered and such judge or chancellor may require such testimony to be transcribed in typewriting and eer- tified to by the stenogra pher and file the same in the cause.
 Approved September %, 1915. Official:
 JOHN PURIFOY,
 Secretary of State.
The Birmingham age-herald., 1915-10-23

resident shall be unknown notice of the pendency of said suit or proceeding shall be given by publication as now required by law
 Approved September IS, 1915. Officials:
 JOHN FURIFOY,
 Secretary of State
The Birmingham age-herald., 1915-10-23
AN ACT,


 No. 52S.) (S. 493 Milner To amend section 3662 of the code of
 Alabama. Be it enacted by the legislature of Ala
 bama:
 l. That section 3662 of the code of Alabama be and the same is hereby amended so as to read as follows: 1862. Costs given to successful party or ap- portioned at discretion of court. The successful party in all civil actions is entitled to full costs for which judg- ment must be rendered, unless in cases otherwise directed by law, or by the judgment of the court. The court may apportion the costs at his discretion as justice and equity may require;s and this provision is applicable in all cases in which the state is party plaintiff in civil actions as in cases of individ- ual suitors. And in all cases where costs are adjudged against any party who has given security for costs exc cution may be ordered to issue against such security, provided that this act shall not apply to justices of the peace courts. but that in such courts. the successful party shall recover his costs. Approved September IS, 1915. Official: JOHN PURTFOY,
 Secretary of State.
The Birmingham age-herald., 1915-10-23
AN ACT


 No. 5S6) (S. 5lO. Milner. To amend section 3164 of the code, as
 amended by an act approved April 21, 1911. Be it enacted by the legislature of Ala bama: l. That section 3164 of the code as amended by an act approved April 21, 1911. be, and the same hereby is, amend ed so as to read as follows, to-wit: 3164. Cecree after decree pro confesso is taken in term time or vacation. Whenever a decree pro confesso is taken in any cause in the chancery court or courts exercising chancery Jurisdiction. and the evidence has been taken and the cause is ready for submission for final decree, and the complainant or his solicitor of record, if no defense has been interposed, shall file written request with the reg ister or clerk of the court where the cause Is pending that the cause be sub mitted for final decree, and shall make out his note of testimony. the register or clerk shall at once deliver all papers in the said cause in term time or vaca- ton to the chancellor or judge, and he shall, as soon as practicable. render a final decree in said cause and return the same to the register or clerk for enrolment, and said decree shall be as binding and have as full effect as if 1t had been rendered in term time.
 ?. All laws and parts of laws in con- fiict with the provisions of this act are hereby repealed
 Approved September r, 1915 Official:
 JOHN PURIFOY, . Secretary of State.
The Birmingham age-herald., 1915-10-23
AN ACT


 No. 5S2) S. 300. Mlner. To regulate and prescribe the manner of giving notice of any and all pro- ceedings in the courts to nonresidents of the state and county in which pro-
 ceedings are pending.
 Be it enacted by the legislature of Ala bama:
 l. That whenever any nonresident of the state shall be made a party defend- ant to any proceeding in any of the courts of this state, the complainant or plaintiff or petitioner shall set forth in his com plaint. petition or bill of complaint the fact of such nonresidencc and whether the place of residence and postoffice ad- dress is known or unknown and If known shall state it as fully as known, if un- know oath shall be made that such ad- dress cannot be ascertained after req sonable effort.
 ?. That when the petition. complaint or bill of complaint sets forth the ad- dress of such nonresident copy of the same shall be sent such defendant by registered mail, postage prepaid, marked 1 for delivery only to the person to whom addressed" and return receipt demanded addressed to the clerk or register of the court in which the case is pending and 1 such receipt when received in return shall be filed in the cause and shall be prima facie evidence of service thereof. 3. That when the address of such non
The Birmingham age-herald., 1915-10-23
AN ACT


 No 51s.) (S. 53l. Lee. Tp amend section 77s6 of the code of Ala bama. Be 1t enacted by, the legislature of Ala bama: f
 l. That section 77s6 of the code of Ala. {. bama be and the same Is hereby amend ed so as to read as follows: 7795. Solicit tor must report fees within 10 days after adjournment of court. It is the duty of each solicitor who Is paid salary by the state. within 10 days after the adjourn .len' Of any term of the court for which he is solicitor, to make and deliver to the clerk of such court and forward to the state auditor, each. certified statement showing the number and names of the persons convicted at such term of tho court, the character of the ofrenses charged, the date of the sentence and the amount of the solicitors fee in each case. For any failure on the part of any solicitor to perform the duty re- quiies: by this section, he shall forfeit to the state the sum of $lC0. to be re- covered by the attorney general on mo- ton after 10 days notice in the circuit court of Montgomery county in the name of the state.
 approved September IS. 1915. Official:
 JOHN PuRIFOY.
 Secretary of State
The Birmingham age-herald., 1915-10-23
AN AcT.

No. s79.) (S. 7O3. Ellis TO reimburse the governor for moneys
 expended by him in repairs and fur
 nishings of the governors mansion.
 Alabama that $2234.11 or so much there of as is necessary be and the same is hereby appropriated out of the funds of the treasury. not otherwise expended to be paid to Governor Henderson to reimburse him for money paid by him
The Birmingham age-herald., 1915-10-23
AN ACT


 No. 5s4) (S. 5l3. Lee. To amend section 2502 of the code. Be it enacted by the legislature of Ale- bama.
 l. That section 25O2 of the code be amended so as to read 2502. When any suit is instituted against one or more persons upon any separate, joint, or joint and several contracts. or upon any sep arate joint. or joint and several cause of Action, the plaintiff may, at any time, amend the summons and complaint by striking out. or adding parties plaintiff or defendant whether served or not, and such amendment shall not work a dis continuance as to any defendant not stricken out. but the plaintiff may re- cover such judgment as he may be en- titled to against any one or more of the defendants. And where in suit upon a joint contract, or cause of ac- tion, the proof shows 1t to be a separ- ate or several contracts or cause of ac- tion, the plaintiff may amend by strlk- ing out the parties not liable. and such amendment shall not work a discontin- uance, or constitute a variance.
 Approved September IS, 19l5 Official:
 JOHN PURIFOY,
 Secretary of State.
The Birmingham age-herald., 1915-10-23
AN ACT.

AN ALI. No. 5a1.) lS. 505 Milner.
 To require all the fees allowed by sec
 tions 6655 and 6656 of the code, in the treasury; to provide fund out of which court shall be paid, and to fix the amount of such salaries.
 Be it enacted by the legislature of Ala bama:
 l. That all the fees allowed in the coun- ty court an annual salary In equal month
 code or any other provision of law, be
 and the same are hereby required to be paid into the county treasury as col lected.
 ?. That there shall be paid out of the county treasury to the judge of the coun- ty court an annual salary in equay month ly installments of ss9s in counties hay ins less than 25,OO0 population and in counties having 25.0O0 population and less than 35,O00 population s45O, and in coun- ties having more than $500 population 5000, which shall be in lieu of all fees or compensation allowed by ,aw to such county court of judge for services rendered In and about such county court, the pay
 ment of such salary to be by warrant of
 such judge drawn on the treasury of the county. The population to be determined by the last federal census preceding the
 time of the payment of the fees.
 5. That this act shall become effective
 on Monday after the second Tuesday in
 January, 191I
 Approved September IS, 1915.
 Official:
 JOHN PuRIFoY. Secretary of State.
The Birmingham age-herald., 1915-10-23
AN ACT.

AN ACT. No. 314) (S. 193 Pride To require clerks of all courts from which an appeal lies to the supreme, or court of appeals to make and keep on file an exact copy of the record certified to said supreme, or court of appeals for which they shall be allowed as costs oL appeal s2.5o in said appeal Be 1t enacted by the legislature of Ala bama: a,s. at
 Section 1. That the clerks of all courts from which an appeal lies to the supreme court. or court of appeals, shall be re- quired to make and keep on file in their office an exact copy of the record in all cases certified to said supreme court, or court of appeals. for use by the parties to such cases. And such clerks shal! be permitted to charge, 10 be taxed as costs of appeal in such cases, the sum of S2.50 for such copy of the record. Approved August 2S, 1915 Official
 JOHN PURIFOY,
 Secretary of State.
The Birmingham age-herald., 1915-10-23

for necessary repairs and furnishings
 made on the governor's mansion, and the auditor is hereby authorized to
 draw his warrant for the sum upon presentation to him of vouchers show ing the amounts paid by Governor Charles henderson. Approved September 1. 1915. Officials: JOHN PURIFOY. Secretary of State.
The Birmingham age-herald., 1915-10-23
AM ACT

 No 52O.) at.t- ~-(S. 556. Lusk. To define the right of action of an as- siGnee of Judgment or decree of a
 court of record
 Be 1t enacted by the legislature of Ala
 bama:
 l. That in all cases where a trans- fer of Judgment or decree of a court of record in this state is made or in- dorsed on the execution docket or on ment or decree In the court where rem dered or in the office of the probate judge where certificate of the judg- ment Is recorded and which transfer Is attested by the clerk, register or judge of probate, the assignee of such judg- ment in addition to the rights con : ferred upon him by section 4152 of the code of Alabama may maintain any suit thereon, or proceeding to revive in his own name. that the plaintiff in sad judgment or decree could maintain if such transfer had not been made whether the plaintiff be living or dead. That when the transfer Is made by any agent or attorney the authority of the agent or the power of attorney shall be in writing duly acknowledged and re- corded in the office of the probate judge and referred to In such transfer by noting the book and page where re- corded. After such transfer the orig
The Birmingham age-herald., 1915-10-23
AN ACT
No. 216

No. 21G (S 419. Hill. To provide for the payment by the coun- ty or municipality of the ex- penses of the publication of the governors proclamation submitting a proposed constitutional amendment to the people, where the amendment ap- plies only to a county or a subdivision of a county or to a municipality. Be 1t enacted by the legislature of Ala anna:
 Section 1. That whenever an amend ment to the constitution of Alabama, ef- fecting only a county or subdivision oi county or a municipality, is sub mitted to the people for ratification or adoption. the county to which such amendment relates or affects. or the mu- nicipality which such amendment af- fects, shall pay the expense of the pub lication of inc governors proclamation ctpcerning such amendment and all court of county comm ,ssoners or board of revenue of the county, where such amendment relates to a county or a part thereof, and the auditor. clerk, mayor or othei officer. having authority to draw warrants on the treasury of such mu- nicipality, when such amendments relate to a municipality, shall, upon the pre- sentation of a claim for the necessa ry amount to be paid by the state for such publication, certified by the state auditor, make an order and draw a warrant pay able to the state treasurer out of the funds of said county or municipality, as the case may be. and it shall then be- come the duty of the custodian of the county funds or municipal funds, as the case may be, to pay the amount of said warrant to the treasurer of the state of Alabama.
 Approved August 9, 1915
 Official:
 JOHN PURIFOY.
 Secretary of State.
The Birmingham age-herald., 1915-10-23
AN ACr

No 436) (S 5S4 Thach, To amend section s5s9 of the code of
 Alabama.
 Be it enacted by the legislature Of Alabama. that section S5s9 of the code 'of Alabama, of 1907. be amended 80 as
The Birmingham age-herald., 1915-10-23
|Drs. Doziier & Dozier.
 SPECIALISTS 2O2O l-2 First Ave. Birmingham, Ala.
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The Birmingham age-herald., 1915-10-23
AN ACT


 To To confer oo, upon the circuit courts of the state the Jurisdiction of the chan cery courts and to prescribe the man. ner of exercising the same. Be 1t enacted by the legislature Of Ala hama: l. That there Is hereby conferred on the circuit courts of this state juris- diction of all matters of equity con current with the chancery courts That the jurisdiction in matters of equity hereby conferred upon the circuit court shall be exercised and enforced by said courts and the judges thereof in the same manner and by the same proced- ure as is now or may be hereafter pro- vided by law as to pleading, proced- ure and practice for courts of equity or chancery.
 Approved September 16, 1915. Official:
 Secretary of State.
 AN ACT
 No. 6i1.) (S. $40. Lusk To further regulate proceedings in the circuit courts Of the several counties of the state; fix the terms thereof; provide for calls of cases fer trial; regulate the proceedings thereof; fix the time when judgments and decrees become final; provide for issuing exc cutioi1s thereon and for motions to set aside judgments and decrees and for new trials. s.t Be 1t enacted by the legislature of Ala bana
 l. That the circuit courts of the sew eral counties of the state shall be open for the transaction of any and all busi- ness, or Judicial proceedings of every kind. from the first Monday in January to. and including. the last Saturday of June of every year; and from the first Monday after the fourth of July to. and including the last Saturday before Christ mas Day of every year.
 ?. That the causes on the dockets fpr trial shall be called peremptoriallv at the times fixed by law and at such other times as may be. fixed by order of cir cult judge; the supernumerary judge, or the chief justice of the supreme cou of Alabsqae. 70 that every case, civil or
The Birmingham age-herald., 1915-10-23
AN ACT.

No 541) (S. 498 Milner. To amend section thirty-nine hundred
 and seventy t3970) of the code of
 Alabama, 1907.
 Be it enacted by the legislatUre of Ala
 bama:
 ]. That section thirty-nine hundred and seventy t3970) of the code of Ala bama be amended so as to read as follows 3970. When sworn account ad- missiblc in evidence. In all suits upon accounts an temized statement of the account verified by the affidavit of a competent witness. taken before, and certified by an officer having author
The Birmingham age-herald., 1915-10-23

criminal. shall have at least two per 1 emptory calls In every year, and the cases against prisoners shall be called as many more times as may be necessary to secure prompt trials. Appeals from municipal, county and inferior courts shall be preferred cases. 3. That after the lapse of 10 days from the rendition of judgment or decree the plaintiff may have execution issued thereon, and after the lapse of 90 days from the date on which a Judgment or decree was rendered the court shall lose all power over it. as completely as if the end of the term had been on that day unless motion to set aside the jude- ment or decree, or grant new trial has been filed and called to the atten- tion of tue court and an order entered continuingit it for hearing to a future day.
 4. This act shall not be construed to affect In any wise the right to apply for new trial under article 14 of chap ter 124 of the code; nor shall 1t affect the right to sue out an execution under sections 40S2 and 40S3 of the code.
 B. This act shall go into operation and become effective January l, 1916.
 Approved September p, 1915.
 Official:
 JOHN PURIFOY,
 Secretary of State.
The Birmingham age-herald., 1915-10-23
AN ACT.

No. 537) (S. 5o2. Miner To amend section 3227 of the code. Be it enacted by the legislature of Ala
 bama:
 1. That section 3227 of the code bs amended so as to read: 3227. All the rules now in force, which have been adopted by the supreme court, not con- trary to the provisions of this code, ars recognized; and full, plenary power is granted to such c9urt to adopt such other rules to regulate the practice and proceeding in all the courts of the state or such notifications of existing rules as they may deem proper and to furnish forms of indictments. complaints. bills pleas, and process and to mould the pro. cedure in all courts and prescribe rules of evidence in the same, from time tc time, as experience may determine, tha the existing rules do not fully meet tho ends of public justice Provided that the supreme court shall not have authority to change, alter or modify any act oi the legislature.
 Approved September 17, 1915. Official
 JOHN PURIFOY,
 Secretary of State.
The Birmingham age-herald., 1915-10-23
AN ACT

 No. 5SS.) (S. 52O. Lee. To amend section 53o3 of the code of Ala bama:
 1. That section 53o3 of the code of Ala bama be and is hereby amended so as to read: 5303 How corporation served. When the suit is against a corporation the summons may be executed by the delivery of a copy of the summons and complaint to the president, or other head thereof, secretary, cashier. station agent or any other agent thereof. The return of the officer executing the summons that the person to whom delivered Is tha agent of the corporation shall be prima facie evidence of such fact and authorize Judgment by default or otherwise with out further proof of such agency and this fact need not be recited in the judg ment entry.
 Approved September r, 1915. Official.
 JOHN PURIFOY, Secretary of State.
The Birmingham age-herald., 1915-10-23


 No. 533) (S. 519 Lee. To amend section 25o0 of the code. Be it enacted by the legislature of Ala bama: ,As
 l. That section 25O0 of the code be amended so as to read 250O. If the cause of action survive on the death of a defendant suggestion thereof must be made of record. and the proper repre- sentative may voluntarily come in and make himself a party defendant, but if such representative does not come in and make himself party, citation must Issue to him, on his being made known, to appear within 30 days from the date on which the citation was served on him and defend, and after that time the suit may be revived against him; but final judg- ment must not be rendered against a personal representative If he objects till after the expiration of 12 months from the grant of letters testamentary or of administration"
 Approved September IS. 1915. Officials,
 JOHN PURIFOY.
 Secretary of State.
The Birmingham age-herald., 1915-10-23

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The Birmingham age-herald., 1915-10-23
AN ACT

JOHN PuRIFOY.
 Secretary of State.