The age-herald. [volume] (Birmingham, Ala.) 1897-1902, 1899-02-26
AN ACT
No. 576.
Secretary of State.

No. 576. AN ACT II. 1919.
To provide for the holding of circuit and
chancery courts when the judges or
chancellors thereof fan to attend regular
terms, by a supernumerary judge and to
prescribe his powers, duties and pay, and
to provide for the election of such judge;
whereas, the constitution of Alabama ex-
pressly declares that the general assem-
bly, shall have power to provide for the
holding of circuit and chancery courts In
this state, when the judges or chancellors
thereof fail to attend regular terms, and
judges and ohancelors have from sick
ness or other unavoidable causes failed
to attend and hold the regular terms Of
court; therefore:
Section l. Be it enacted by the general
assembly of Alabama, That the general
assembly of Alabama shall, as soon after
the passage of this act as practicable. elect
a supernumerary judge, who shall have and
exercise all the powers that circuit judges
and chancellors now have or exercise or
that may hereafter be conferred by law,
and who shall have the power and authori-
ty to hold regular terms of any circuit or
chancery court when the judges or chancei-
lors thereof fail to attend such regular
terms as hereinafter provided. Said super
numerary judge shall hold his Office till the
next general election for circuit judges and
ehancellors, and until his successor Is
elected and qualified, and shall receive a
salary of twenty-five hundred dollars per
annum, payable in monthly payments, and
at the next general election held for elect
ing circuit judges, and every six years
thereafter, there shall be elected by the
qualified electors of the state a supernum-
erary judge who shall hold office for six
years and till his successor Is elected and
qualified, who shall receive the same salary
at the same time and in the same manner
as circuit judges now receive.
Sec. 2. Be it further enacted, That said
supernumerary judges shall have the power
and authority under the direction of the
governor to hold any regular term of the
circuit or chancery court In this state and
to exercise all the powers and privileges
and to perform all the duties of circuit
judges and chancellors while in office.
Sec. 3. Be 1t further enacted, That 1t
shall be the duty of every circuit judge and
chancellor when from sickness or from
being engaged in holding special term of
court, or from any other cause he cannot
attend a regular term of his court, to no.
tify the governor of that fact, and any
circuit judge chancellor who fails with
out just cause or good excuse to be judged
of by the governor, to give such notice,
shall forfeit twenty-five dollars, which
shall, on the order of the governor, be de-
Quoted from the next payment to such
ind oh hi caIa =
shall be the duty of the clerk of the circuit
court or the register of the chancery court
as soon as he ascertains that judge or
chancellor will not, from any cause attend
the next term of his court to notify the
governor, and IL he does not ascertain such
fact till the first day Of the term, he shall
transmit such notice by telegram.
Sec. 4. Be it further enacted, That 1t
shall be the duty of the clerk of every cir
cult court, city court or criminal court and
of every register in chancery within twen-
ty days after adjournment of every special
or regular term of court, to certify to the
the number of criminal causes or the num-
Der of equity causes remaining on the Dock
cts of said court respectively.
Sec. s. Be 1t further enacted, That when
administration of the law requires 1t. he
shall order and direct any circuit judge to
order and hold an adjourned term or a
special term Of the circuit court in and for
any county in said judges circuit, and to
order and direct any chancellor to order
and hold an adjourned term or a special
term of the ehancery court in any county
of his division, and whenever any Judge or
chancellor by reason of holding any such
adjourned term or special term. fails or is
prevented thereby from holding any regu-
lar term of court in his circn't or division,
he shall notify the governor thereof, who
shall order and require the supernumerary
Judge to hold such regular term of court.
Sec. 9. Be 1t further enacted That
whenever II shall come to the knowledge of
the governor that felony which is pun
ishable by death or Imprisonment In the
penitentiary for life, has been committed,
and that the person or persons accused
thereof have been arrested, and that no
court having jurisdiction thereof Is In ses-
sion, he shall, whenever in his opinion the
due administration of the law requires 1t,
order and require hesjudge of that circuit
to proceed instantly to the court house of
the county or district In which the offense
was committed and empanel at once a
grand jury to inquire of and present such
offense charging the commission of capi-
tai felony, the court shall set down said
case for trial and try the same unless
good cause be shown for a continuance,
and If by reason of holding such special
term of court the judge fails to attend any
regular term of his circuit, then the COVER
nor shall order and direct the supernumer-
airy to hold such regular term.
Sec. Z. Be it further enacted, That when
ever any person is arrested charged with
a capital felony, and there is no court hav-
ing jurisdiction thereof in session, 1t shall
be the duty of the sheriff or the officer
making the arrest or having the custody
of such prisoner, to notify the governor at
once of the arrest Of such person, and any
officer failing to give such notice as soon
as possible after the arrest of such pris-
oner, Is guilty of misdemanor.