adopt a seal for the equity side of said court ter. or hereafter, allowed by law. That the office Fees of regisof said register, during his term of office, shall be kept at the court house of said county. Where court court. Sec. 6. That said court shall be held at the court house of Morgan county, or such other held. place as may be designated by the presiding judge in cases of emergency. There shall be two regular terms of said court in each year, Terms of one to be known as the spring term and one as the fall term. Special jury terms may also be held when, in the opinion of the judge of said court, they shall be necessary for the proper terms. transaction of the business therein, for which terms the judge shall enter an order on the minutes of the court, and juries for such special Juries for terms must be drawn and summoned in the same. same manner as is now, or may hereafter be, provided by law for drawing and summoning juries for special terms of the circuit court; provid Special jury journments. ed, that there may be temporary adjournments Temporary adof said court during the terms thereof, such as may be deemed expedient and proper by the judge of said court. Terms of. Sec. 7. That the spring term of said Morgan county law and equity court shall begin on the first Monday in February of each year, and may continue in session for five months. The fall term of said court shall begin on the first Monday in September of each year, and may continue ing. in session for four months, or during the remainder of the year. Provided, that the first Time of hold term of this court shall convene on the first Monday after thirty days from the approval of this act. The said Morgan county law and equity Power of court shall be held in each year as may be determ- judge as to ined and fixed by the presiding judge; that the terms, etc. judge of said court is hereby authorized to fix the time and manner of holding the session of said court; and the week or weeks in which equity cases shall be tried and a week or weeks for the trial of cases in which a jury has been waived by the parties thereto, as provided in this act; a week or weeks for the settling of pleadings and forming of issue in cases which trial by jury, as provided in this act, had been demanded by the parties thereto; a week or weeks for the trial of civil cases at law in which trials by jury have been demanded; a week or weeks for the trial of criminal and quasi criminal cases pending upon the dockets of said court; provided, that such times so selected and fixed by the judge shall be entered of record upon the minutes of said court, and such times of holding the court shall be fixed as soon as practicable after the appointment and qualification of said judge. Provided, the times so fixed for holding such session of the courts may be amended or changed by the judge at any time and in any manner he may deem advisable such change and amendments to be entered upon the minutes of the court. Provided, further, that no case in which a jury is demanded, as provided for in this act, shall be set down for a trial of the issues of fact at a day less than thirty days from the time at which the pleadings are settled and issues formed. Provided, further, that no civil case at law in which a trial by jury has been demanded stands for trial at any jury term of said court until and before the pleadings therein have been settled, and an issue or issues of fact have been formed; and, provided further. that all jury cases in which the pleadings therein have been settled, and an issue or issues of fact have been formed; and, provided further. that all jury cases in which the pleadings have been settled and the issues formed shall stand for trial at the term of said court immediately following the settling of the pleadings and the forming of the issue or issues therein; and it is hereby made compulsory and mandatory upon the judge of said court, at the terms thereof provided for the settling of pleadings and the forming of issues as herein before provided, to settle the pleadings and to form the issues in all civil cases in which trial by jury are demanded. After the pleadings in any such civil case have been settled, and the issue or issues formed, as herein provided, there shall be no further pleadings therein, except matters occurring subsequent to the settling of the pleadings, at or during the jury term at which the same stands for trial, nor amendments allowed therein; provided, that at any time during the trial, and while the trial of the case is in progress, either party may be allowed to amend so as to meet any phrase of the evidence not covered by the previous pleadings then in the case that may be developed on the trial; provided, that the amendments herein and hereby permitted shall be allowed only upon such terms and conditions as the justice of the case may require. Sec. 8. In all civil cases at law in said court cases com the defendants therein shall be required by the Proceedings in summons therein served upon them, to appear civil cases as and plead or demur to the complaint within to defendants. thirty days after such service of summons and complaint upon them, whether the said service shall be made in term time or in vacation; and in all cases commenced by attachment the defendant shall appear and demur or plead within thir- Proceedings in ty days after the levy of the attachment and ser- menced by atvice of notice thereof, or in case the suit is tachment. against a non-resident, or other person upon whom service may be had by publication, within thirty days after service is perfected by such publication; and in all other cases the defendant must appear and plead and demur within thirty days after the perfection of service upon him; and in all cases, whether commenced by summons and complaint, attachment, or otherwise, any defendant failing for more than thirty days after service has been perfected upon him, or notice of appeal given, to appear and demur or plead shall be held to be in default, and at any time thereafter judgment by default, on motion of the plaintiff, shall be rendered against him, provided that the court may, for good cause shown, allow such judgment, so obtained by default to be set aside and demurrer or pleas to be filed on such terms as the court may think just; but no application to set aside such judgment, unless it be for some reversible error, committed in the rendition thereof, shall be entertained by the court, unless accompanied by an affidavit made by the defendant, his agent or attorney, setting forth defendant's defense to such suit, and provided that the court's action in granting or Right of ap- refusing to grant such judgment by default and for setting aside such judgment, or refusal to set aside such judgment, may be appealed from and Bond required. Such action and ruling be reviewed by the supreme court of Alabama, upon the appellant in such case giving good and sufficient word to be approved by the clerk. peal. Cases tried without jury, manded. Sec. 9. In all cases, whether commenced by summons and complaints, attachment or otherwise, the issue and questions of fact shall be tried unless jury de- by the court without the intervention of a jury, unless the jury be demanded by one of the liti gant parties to said cause, prior to or immediate ly upon the settling of pleadings and the forming of an issue or issues of facts in such cause, and that thereupon and thereafter such cause is placed upon the trial docket of said court, that such demand must be entered of record at the time such demand is made; that this provision shall apply to all cases brought by appeal or certiorari from judgments of justices of the peace, notaries public ex-officio justice of the peace, or where inferior tribunals, except cases in which the amount involved is less than twenty dollars, all which cases shall be tried by the court without the intervention of a jury. Facts for view by supreme court. Sec. 10. That whenever by reason of any rul ing or decision of the court on the trial of the cause, either upon pleadings, admission or rejec tion of evidence, or upon charge to the jury, it may become necessary for the plaintiff to suffer a non-suit, the facts, point, ruling or decision may be reserved for the review and decision of the supreme court by bill of exception or by appeal on the record as in other cases. a jury; de Sec. 11. In all cases tried by the court without the intervention of a jury, either party may, When case in writing, demand of the judge trying such case tried without that he finds the facts specially, and of a spe- mands of parcial finding be requested, the court must state ties. in writing the facts as it finds them, and such statefnent, with the judgment of the court, must be entered on the minutes. Sec. 12. That this court hereby established shall have jurisdiction of all appeals from jus- Jurisdiction tices of the peace, or notaries public ex-officio over appeals from justices justices of the peace, or other courts of inferior of the peace, jurisdiction in Morgan county, that all original etc. and mesne processes, notices, citations, and writs scire facias shall be executed instanter and returned immediately upon the execution thereof by the officer receiving and executing the same. That all appeals in civil cases at law from inferior courts to said Morgan county law and equity court shall stand for trial when reached Trial of apon the regular call of the docket at any time af- peals in civil ter ten days' notice of the suing out of such appeal shall have been given to the adverse party, as now required by law, subject to the conditions herein before expressed relating to the settling of pleadings and forming of issues in jury cases. cases. answer re quired. Sec. 13. That all garnishments issued from said court shall require an answer thereto with Garnishments in thirty days after the service thereof; and upon a failure of any garnishee to make answer within thirty days he shall be deemed in default and a judgment nisi may be rendered against him upon motion of the plaintiff, if the plaintiff is otherwise entitled to such judgment nisi, and unless otherwise ordered by the court, all citations, rules, writs of scire facias and notices issuing from said court shall require the party against whom they are issued to appear and plead within thirty days after the service there |
