County, Alabama, upon his or her warrant drawn upon the county treasurer, which shall be in addition to his or her salary received for his or her services as assistant clerk of the first division of the municipal court of Birmingham. The assistant clerk of the third division of the municipal court of Birmingham shall be ex officio assistant clerk of the second division of this court, and shall receive as compensation for his or her services as such ex officio assistant clerk of this court, the sum of $600 per annum, payable in equal monthly installments, of $50 each, out of the county treasury of Jefferson county, Alabama, upon his or her warrant drawn upon the county treasurer, which shall be in addition to his or her salary received for his or her services as assistant clerk of the third division of the municipal court of Birmingham. That if the business of the court justifies it, the judges may each appoint an additional assistant clerk of this court who shall each receive a salary of $1,800 per annum, payable in equal monthly installments of $150 each, out of the county treasury of Jefferson County, Alabama, upon his warrant drawn upon the county treasurer.

Section 14. Each ex officio clerk of this court shall give bond in the penal sum of $2,500, payable to the State of Alabama, and conditioned to faithfully discharge the duties of such office, which bond shall be approved by, and filed in the office of, the judge of probate of Jefferson County, Alabama, and which bond shall also be conditioned to pay all moneys to the proper officers and persons to whom it is payable, and to faithfully account for all moneys coming into his hands, by virtue of his office, and upon the said bond there shall be the same liabilities and remedies as upon a bond of the clerk of the circuit court.

Section 15. The bailiffs of the first and third division of the municipal court of Birmingham shall be ex officio bailiffs of this court, and shall attend upon said court and discharge such duties as may be required of them by the judge. Each said ex officio bailiff of this court shall receive as compensation for his services as such ex officio bailiff of this court, the sum of $480 per annum, payable in equal monthly installments of $40 each, out of the county treasury of Jefferson county, Alabama, upon his warrant drawn upon the county treasurer, which shall be in addition to his salary received for his services as bailiff of the municipal court of Birmingham.

Section 16. The constable of precinct 37 of Jefferson County, Alabama, shall be ex officio officer of this court, and shall be required to attend its hearings and may serve any of its processes and writs by himself or his duly appointed deputies. in any part of the territory over which this court shall have jurisdiction and shall receive for such services the same fees.

as provided by law for like services by the sheriff of Jefferson county. The said constable as to any or all writs or processes of this court shall have all the power and authority conferred by law upon sheriffs of Jefferson county.

Section 17. The judge of each division shall conduct the business in his court and issue its writs, as if each division were a separate court, but each judge may sit and hold court in any other divisions, and each judge may transfer causes from his division to another division of this court, which causes so transferred shall proceed as if the same had originated in the division to which such cause was transferred.

Section 18. The practice, procedure, judgments, and record in this court shall conform to and be governed by the laws applicable to practice and procedure in justice of the peace courts, so far as applicable, and except as otherwise provided in this act, and shall conform and be governed as far as practicable by the practice and procedure in the municipal court of Birmingham.

Section 19. Every intendment is in favor of the sufficiency and validity of proceedings in this court when brought in question, either directly, or collaterally, in any of the courts of the state where it appears on the face of the proceedings that this court had jurisdiction of the subject matter and the parties.

Section 20. The clerk of each division shall issue all processes out of said court returnable to his division; the clerk shall approve all bonds, and shall keep a docket of his division. of the said court, and shall certify all transfers of causes, and all appeals.

Section 21. All judgments required to be signed, shall be signed by one of the judges, a judgment shall not be required to be more formal than a judgment rendered in a court of a justice of the peace, and shall be governed by the same laws as a judgment in the court of a justice of the peace.

Section 22. The fees and costs that are now allowed by law in cases in the circuit court of Jefferson county, except the library tax, shall be taxed and collected as now provided by law in the circuit court, or as may hereafter be provided in such cases, and shall by the clerk of each division be paid into the county treasury.

Section 23. In all cases commenced in this court by summons and complaint, the defendant shall be required to appear and demur or plead to the complaint on a certain day to be fixed by the clerk, but shall not be tried less than seven days after the service of the summons and complaint upon him; and in all cases at law commenced by attachment, the defendant shall appear and demur or plead seven days after the levying of the attachment and service of notice thereof, or in case the

suit is against a non resident, or other person upon whom service may be had by publication, within seven days after service is perfected by publication, and publication shall be once a week for three consecutive weeks in some newspaper published in Jefferson county, Alabama; and in all other cases at law, the defendant must appear and plead or demur at the time designated by the clerk in the summons, not less than seven days after service of summons and complaint upon him; and in all cases whether commenced by summons and complaint, attachment, or otherwise, any defandant failing within the time provided herein to appear and demur or plead, shall be held in default, and at any time thereafter judgment by default, on motion of plaintiff, may be rendered against him, provided, however, that the court may for good cause shown allow such judgment so obtained by default to be set aside and demurrer or plea be filed on such terms as the court may think just, provided that said motion is filed within the time provided for such motion, or continued while the same is within the breast of the court, as required by law.

Section 24. The defendant shall have seven days from the day the Summons and Complaint are served upon him to appear and plead.

Section 25. (a) In all suits and actions on promissory notes, bills of exchange, or other negotiable instruments, contracts in writing, or accounts, if the plaintiff or his agent shall have filed at the time of bringing his suit or action, an affidavit setting out distinctly his cause of action, and the sum he claims to be due, and that the same is due, owing and unpaid, a copy of which must be served on the defendant with the Summons and Complaint, plaintiff shall be entitled to judgment for the amount so claimed, with interest and costs, unless the defendant shall file along with his plea, if in bar, an affidavit of defense denying the rights of the plaintiff as to the whole or some specified part of his claim, and specifically stating also in precise and distinct terms, the grounds of his defense, which must be such as would, if true, be sufficient to defeat the plaintiff's claim in whole or in part. (b) The provision of this rule shall not apply to defendants who are representatives of decedents' estates, except when the affidavit filed with the Complaint sets forth the contract sued on was directly with such representatives, or that a promise to pay was made by him. (c) When the defendant is a corporation the affidavit of defense may be made by an officer, agent or attorney of such corporation. (d) When the affidavit required to be filed hereinabove does not comply with said provisions, such affidavit may be stricken out and judgment entered on motion. (e) The court may by rules require such affidavit of defense and pleas to be filed along with

the demurrer, if any be filed, which affidavit shall not waive the demurrer.

Section 26. The plaintiff electing to bring suit in this court shall endorse upon his complaint that he waives a trial by jury, and his election to file his suit in this court shall be deemed as a matter of law as his waiver of his right to have such cause tried by a jury.

Section 27. That in all cases filed in this court the issues and questions of fact shall be tried by the court, without the intervention of a jury, unless a jury be demanded by the defendant at the time he appears, or by any other person interested in such issue, or question, at the time he appears, such demand must be made by such person that intervenes upon the pleading or paper filed by him for the purpose of presenting such issue or question of fact, and by the defendant, or other party occupying the position of a defendant, including the garnishee, by making a formal written demand upon the demurrer, plea, or other pleading filed by him, that he demands a trial by jury, and such demand must be in writing, signed by the party, or his attorney, and filed with the clerk of the court at the time of his appearance and not later than the return day of the process.

Section 28. When the defendant, or other party occupying the position of defendant, or other party entitled thereto, shall have demanded a trial by a jury, in the manner and within the time provided, this court shall proceed to settle the pleadings and make up an issue, and if an issue of fact be made up, the clerk of this court shall thereupon transfer all the papers in said cause, together with a transcript of the Court's rulings on the pleadings, and a statement of the issue made up, to the Circuit Court of Jefferson County, and the said cause shall there proceed as if said cause had originated in said Circuit Court and the issue made up therein, except as otherwise provided in this Act. Where a defendant, or other party occupying the position of defendant, or other party entitled thereto, has demanded a trial by jury, but upon the pleading no issue of fact to be tried by a jury is tendered by him, this court may proceed to render judgment.

Section 29. It shall be the duty of the presiding judge of the Circuit Court, or the judge acting as presiding judge, to cause such cases so transferred to be promptly set and promptly tried; that upon the trial of said cases in the Circuit Court, whether the said cause be transferred thereto, or appealed thereto, as hereinafter provided, the court shall be liberal in the allowance of amendments as to parties, form, or cause of action, or statement of the cause of action, necessary to reach the merits.

Section 30.

That the term of this court shall commence on the first day of January of each year, and end on the 31st day of December of each year the final judgments rendered by said court shall after the expiration of ten days from their rendition, be taken and deemed as completely beyond the control of the court, as if the term of said court at which said judgment is rendered had ended at the end of said ten days, provided, however, that nothing herein contained shall prevent the parties from applying for new trials or rehearings within said ten days, or prevent the court within the said ten days from continuing said motion for a rehearing, to some other time.

Section 31. Unless otherwise ordered by the Court, all garnishments issued by said court shall require an answer thereto within seven days after the service thereof; and upon the failure of any garnishee to make answer within such seven days, he shall be deemed in default and a judgment nisi may be rendered against him on motion of the plaintiff, if the plaintiff is otherwise entitled to such judgment nisi; unless otherwise ordered by the court, all citations, rules, scire facias, and notices issued by this court shall require the party against whom they are issued to appear and plead within seven days after service thereof, or if the citations or notices are to be given by publication, within seven days after the perfection of such publication.

Section 32. Any party may appeal from any judgment rendered against him by this court, to the Circuit Court, or court of like jurisdiction, within seven days after the rendition thereof.

Section 33. No cause can be appealed from this court to the Circuit Court, or other court of like jurisdiction, by appeal or certiorari unless the party applying for such appeal first executes a bond with sufficient sureties, payable to the adverse party, with condition to pay such judgment as may be rendered against him by the court, to which the cause is sought to be removed; and no cause can be removed from this court by certiorari after four months from the rendition of the judgment.

Section 34. If such appeal or certiorari is applied for by a defendant, claimant, garnishee, or any other party against whom a judgment for the payment of money has been rendered such bond shall be in double the amount of the judgment rendered against him, including the costs; in all other causes, in such amount as may be prescribed by the judge of this court.

Section 35. When appeal is taken, the clerk must return promptly all the original papers of the cause, together with a statement signed by him of the case, and the judgment rendered by the court to the clerk of the court to which the appeal was taken.

Section 36. The clerk must also issue a notice to the appellee that such appeal has been taken which must be executed