The Montgomery advertiser., 1901-09-22

cessors are elected or appointed and Qualified; and the right of such Judges
 and Chanceliors to hold their office for the full term hereby prescribed shall not De affected by any change hereafter made by law in any cirsuit. division or
 county. or in the modes or time of 156. The Chief Justice and Associate Justices of the Supreme Court shall be chosen at an election to be held at the time and places fixed by law for the eleqtion of members of the House of Representatives of the Congress of the United States, until the Legislature shall bys law change the time of hold ing such election. Tae term of office of. the Chief Justice who shall be elected m the year nineteen hundred andyfour shall be, as provided In the last preceding section, The successors fnf; two of the Associate Justices elect ed in the year nineteen hundred and
 four shall rbs elected in the year nfne- | teen hundred and six. and the suc-. cessors of the other tive Associate Jrs- | tices elected in the. year. nineten hUn- l dTed and four shall be elected in the
 year nineteen hundrda and eight. The
 Associate Justices of said court elect ed in theAyear nineteen hundred and fnnr shaItsaraws or cast lots am6ng | lthsIt1sslita taado determine swhich of them
 sifHili dioldp office for the terms en ling. lreepeeaheAlyg In the years nineteen hun dred and six and nineteen hundred and eight, and until their respective suc- | cessors are elected. or appointed and | qualified. The result of such determi- nation shall be certified to the Cover nors by such Associate Justices. or a majority of them, prior to the first day
 of January. nineteen hundred and five. | and such certificate shall be entered upon the minutes of the court. In the | event of the failure of said Associate
 Justices to make and certify sue. de- termination, the Governor shall desig- nate the terms for which they shah re-
 spectivefy hold office, as above provid-
 ed, and shall issue his proclamation &C., cordinsly. In the event of an increase l or reduction by law of the number of Associate Justices of the Supreme | Court. the legislature shall, as nearly
 as may be. provide for the election, l each second year. one-third of the
 members If said court.
 157.. All judicial officers within their respective Jurisdiction shall, by virtue
 of their offices. be eonservators of the
 peace. Nj
 i5S. Vacancies in the office of any of | the Justices of the Supreme Court or Judges who hold office by election. or chancellors of this State shall be filled by appointment by the Governor. The appointee shall hold his office until the
 next general election for any State of- | ficer held at least six months after the vacancy occurs. and until his successor | is elected and qualifieds the successor
 chosen at such election shall hold office for the unexpired term and until his successor is elected and qualified. ;S 159. Whichever any new circuit or chancery division is created, the judge or chancellor therefor shall be elected | at the next general election for any | State officer fora term to expire at the
 next general election for circuit judges and chancellors: provided. that if said new circuit or chancery division is ere ated more than six months before such general election for any State officer,' | the Governor shall appoint some one as judge or chancellor, as the case may | be. to hold the office until such election. 160. If in any case. civil or criminal, pendinEfin any circuit court, chancery court or in any court of general 1urls- diction having any part of the Juris- diction of a circuit and chancerN | court or either of them, In this state, the presiding judge or chancellor shall, | for any legal cause, be incompetent to | try, hear or render judgment in such
 case. the parties, or their attorneys or record, If 1t be civil case, or the so- licitor or prosecuting officer. and the
 defendant or defendants, if 1t De 6 criminal case. may agree upon some | disinterested person, predicting in the
 court and learned in the law, to act as
 special judge or chancellor to sit as a | court. and to hear, decide and render | judgment in the same manner and to | the same effect as such incompetent | chancellor or. judge could have rer- | dered. but for. such incompe- tency. If the case be civil one, and
 the parties or their attorneys of rec
 ord do not agree ;or if 1t be a crimi- nal one and the prosecuting officer and | the defendant or defendants do not
 agree upon special judge or chan
 cellor, or if either party in a, civil cause | is not represented in eourtss the regis | fer in chancery or the clerk of such i circuit or other court in which said cause is pending shall appoint spe- cial judge or chancellor, who shall pre- | side, try and render Judgment as in | this section provided. The legislature may prescribe other methods for sup nlving special judges in such cases.
 16f. The legislature shall have pow et to provide for the holding of chan cery and circui. courts, and for the | holding of courts having the jurisuic-
 ton of circuit and chancery courts. or l either of them, when the chancellors
 or judges thereof fail to attend regu' l lar terms. , iS2. No judge of any court of record | in this State shall practiceSlaw in any
 of the courts of this State, or of the
 United States.
 l l6S. Registers in chancery shall be
 appointed by the chancellors of the re-
 spective divisions, and shall have been
 at least twelve months before their | appointment and shall be at the tune | of their appointment and during tneir l continuance in office, resident citizens of the district for which they are ap- pointed. They shall hold office for the | term for which the, chaneellor making
 such appointment was elected or ap- pointed Such registers Shall receivs
 as compensation for their services ohiy such rees and commissions as may De l specifically prescribed by law, which ices shall be uniform throughout the l State. A , 164. The Clerk of the Supreme Court shall be appointed by the judges there | of. and shah hold office for the term of six years: and the clerks of such ln- ferior courts as may be established by law shall be selected in such manner as the legislature may provide.
 165. Clerks of the circuit court shali
 be elected by the qualified electors m
 each county for the term Of SIX years and may. When apgoIn-ed by the chan cellor. also fill the office of register in .hancsry. Vacancies in such once or clerk shall be- filfed by the judge or tne ,ircuit court for the unexpired term. 166,, The Clerk of the Supreme court