ARIN AAND, OU DO Crivved an Act to kiegulate Judi. cial Proceedings, and for other purposes. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Ala. bama in General Assembly convened, That hereafter in the commencement of any suit in any of the courts of law or equity in this State, the court to which any suit, writ, sum mons, complaint, or bill, may be made re. urnable, shall be deemed and held as the return term of such suit, writ, summons, complaint or bill, and the same shall stand for trial at the next succeeding regular term of such court appointed by law to be holden after such return term, and the parties in the aw courts shall not be required to plead at he first term, except that pleas in abandon. ment shall be filed as now required by law. Provided, The provisions of this section shall ot apply to bills in chancery for partition and sales of property, or in cases for divorce. And provided further, That the defendant or arty against whom a bill may be exhibited a chancery suit may come in and consen a trial at the first term. Under this sec. on, when suits are hereafter brought in the ity court of Mobile, to the March or June erm of said court, said term shall be held as e return term, and said suits shall stand or trial at the next succeding December term; nd suits that may be brought returnable to e December terms, said December terms hall be held as the return term, and said its shall stand for trial at the next succeed. g June terin; the said June term shall com. ence on the third Monday in May of each ear during the continuance of this act. Provided further, That the provisions of this et shall apply to all writs, summons, com. aints and bills returnable to the Spring term 361 of the Circuit and Chancery Courts, hether issued before or after the passage of

is act.

Sec. 2. And be it further enacted, That in y case where any execution shall have sued or may be issued, founded upon any dgment or decree of any court of record in is State, it shall and may be lawful for the eriff or other officer, authorized to levy such ecution, to take from the defendant or dedants therein, a forthcoming bond with at ast two good sureties, conditioned, for the livery of any property levied upon to satisy ch execution at the place where the same my be returnable on the return day of such ecution, and in the event of a failure to iver such property on the return day of the ecution, according to the condition of the thcoming bond, the sheriff or other officer -ying such execution shall return such thcoming bond "forfeited," and such return all have the force and effect of a judgment inst the principal and sureties therein for full amount of the original judgment and

And hosts theroon and avution

any deed of trust or mortgage, with power of sale, has been or may be executed in this State, to secure the payment of any debt or debts, it shall not be lawful for the trustee or the creditor named in such deed or mortgage to sell any property so conveyed, withou: having the actual possession thereof, so as to deliver the same to the purchaser, upon ma. king said sale. And in the event the grantor in any such deed of trust or mortgage, with power of sale, shall fail on demand to deliver possession of any property or estate so con. veyed, after having made default in the pay. ment of the debt thereby secured, it shall be lawful for the trustee or creditor claiming to have legal title, to sue for the possession of the same; and, if personal property, the sheriff, upon such suit being brought, and affidavit of title made, shall take the property into possession unless the grantor give bond with good and sufficient suretie, as in detinue cases, to be approved by the sheriff or officer serving the summons or writ, conditioned for the forthcoming of the property sued for, to answer the lien created by any such deed of trust or mortgage, or in default thereof, to pay such debt and interest thereon, with all costs: Provided, however, The surety to said bond shall not be made liable for the value of any such property as may die before the law day of the bond, without fault on the part of the defendant.

Sec. 4. Be it further enacted, That here. after justioes courts in this State, for the trial of civil causes, shall be held quarterly, at such times as the justices in each beat may appoint, and may continue three days, if pe. cessary; and the term to which any original process, summons, warrant, or complaint shall be made returnable, shall be deemed and held the docket term of said court, and the cause shall stand for trial at the next ensuing term thereafter, and on all judgments

rendered by any

the party or parties against whom such judgment may be rendered shall, at any time after the rendition thereof and before the payment of the same, have the right of appea! to the next term of the Circuit or County Court of the county in which such judgment may be rendered, upon giving such appeal Lond with surety as is now required by law, in appeal cases, and the term to which such appeal may be taken shall be the return term thereof, and the next succeeding term the trial term thereof; and in no case of appeal shall a county tax be charged unless the expense of a jury trial be incurred; nor shall any dam. ages over and above the debt and interest thereon be allowed. Justices of the Peace shall make executions issued by them, returnable to the quarterly term of their courts, next after the rendition of any judgment.

Sec. 5. Be it further enacted, That the provisions of this act shall not be held to apply to suits of any description or judgments in any court against defaulting public officers for failing to pay over money, or for any breach of the duties required of them by law; nor against trustees for any fraudulent use of trust funds, but such suits and judgments and executions founded thereon shall be regulated in all respects by the laws heretofore in force in such cases.

Sec. 6. Be it further enacted, That the property, real and personal, of all persons who are or may be engaged in the actual military service of this State, shall be exempt. ed from levy and sale under legal process while so engaged, and for at least sixty days after such persons shall have been released or discharged from such services.

Sec. 7. Be it further enacted, That all laws and parts of laws assessing damages upon appeals to the Supreme Court be and the same are hereby repealed, and no tax fee shall be allowed in the Supreme Court on appeals, unless the appellant appears by counsel and litigates the same.

Sec. 8. And be it further enacted, That in all cases where executions have been or may be issued upon existing judgments, orders or decrees of any court, and the plaintiff or his agent or attorney, shall not authorize the officer whose duty it is to levy the same, by endorsement in writing on said execution, to take from the defendant or purchaser of any property which may be sold by virtue thereof, the bills of any of the Banks of this State at par, it shall be the duty of such officer, upon. the defendant giving a forthcoming bond with surety for the delivery of said property to be sold in satisfaction of said execution on the first Monday in February nex. If said pro. perty is not delivered at ihe law day of the bond, the same shall have the force and effect of a judgment, and the clerk shall issue exe. cution thereon for the debt, interest and costs.

THE PRESIDENT'S AUTHORITY. An act of Congress was passed in 1795, entitled "An act to provide for the calling of the militia to execute the laws of the Union, suppress insurrection, and repel invasion, and to repeal the act now in force for these purposes," the second section of which confers these extraordinary powers:

Sec. 2. That whenever the laws of the United States shall be opposed, or the execution thereof obstructed, in any State, by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the powers vested in the Marshal by this act, it shall be lawful for the President of the United States to call forth the militia of such State, or of any State or States, as may be necessary to suppress such combinations, and to cause the laws to be duly executed; and the use of the militia so to be called forth may be continued, if necessary, till the expiration of thirty days after the commencement of the next session of Congress.

Under this act, which is still in force, the President has acted, and he is clothed with these powers, until thirty days after July 4th when. Congress meets. The subject will ther come before them, and the responsibility now assumed by the President will be thrown upo the immediate representatives of the people.