The Montgomery advertiser., 1901-08-30

| the Probate Courts and Chancellors | shall be elected Dy the uahnea elec- | tors of the State. circr |. counties and | chaucery divisions. Iof which such courts may be established. at sucn | times as may be prescribed by law. | except as herein otnerwise provided. 153 The Judges of such inferior courts of law and equity as may be D.
 law established, shah be elected oi l appointed in such mode as the Legis-
 lature may prescribe.
 15i. Chancellors and Judges of all | courts of record shall have been citi- | zens of the United States and of this State for five years next preceding
 their election pr appointment. and shall
 be not less than twenty-five years of age, and. except Judges of Probate Courts. shall be learned in the law. 155. Except as otherwise provided in this article, the Chief Justice and Asso-
 ciate Justices of the Supreme Court,
 Circuit Judges. Chancellors and Judges
 of Probate shall hold office for the
 term of six years, and until their suc- cessors are elected or appointed and qualified; and the right of such Judges
 and Chancellors to hold their office for
 the full term hereby prescribed shall
 not be affected by any change hereafter
 made by law in any circuit, division or
 county, or in the mode or time of election.
 lOd. 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 .aw for the election of members of the House of
 Representatives of the Congress of the United States, until the Legislature snail by law change the time of hold ing such election. The term of office of the Chief Justice who shall be elected in the year nineteen hundred and four shall be as provided in the last preceding section. The successors or two of the Associate Justices elect ed in the year nineteen hundred and four shall be elected in the year nine teen hundred and six. and the suc- cessers of the other two Associate JLs- tices elected in the year nineteen hun- dred and four shall be elected in the year nineteen hundrd and eight. The Associate Justices of said court eIsct- ed in the year nineteen hundred and four shall draw or cast lots among themselves to determine which of them snaH hold office for the terms ending. respectively. in the years nineteen bun 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- na<eon shall be certified to the Cover
 nor, by such Associate Justices, or a majority of them, prior to the first day or January, nineteen hundred and five, ana such certificate shall be entered upon the minutes of the court. Tn the event of the failure of said Associa te Justices to make and certify such de-
 termination, the Governor shall desig- nate the terms for which they shall re- spectively hold off1ce. as above provid
 ed, and shall issue his proclamation ac- corolngly. In the event of an increase 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, each second year. one-third of the members of said court.
 157. All judicial officers within their respective Jurisdiction shall, by virtue of their offices, be conservators of the peace.
 l5S 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 rhe 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 qualified; the successor chosen at such election shall hold office for the unexpired term and until his successor is elected and qualified.
 IoS. whenever 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 for 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.
 l6O. If in any case. civil or criminal. pending in any circuit court. chancery court. or in any court of general juria. dlctlon having any part or the IurlS- diction of circuit and a chancery 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 of record. if 1t be civil case. or the so- ncltor or prosecuting officer, and the defendant or defendants, if 1t be a criminal case. may agree upon some disinterested person. practicing 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 rem dered. If the case be a civil one. and the parties or their attorneys of rec ord do not agree :or if it be crimi- nal one and the prosecuting officer and the defendant or defendants do not agree upon a special judge or chan cellor or if either party in civil cause is not represented in court, the regis ter in chancery or the clerk of such circuit or other court in which said cause Is pending. shall appoint a 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 plying special judges in such cases.
 16l. The legislature shall have DOW CT to provide for the holding of chan cery and circuit courts, and for the holding of courts having the jurisdic- tion of circuit and chancery courts, or either of them, when the chancellors or judges thereof fail to attend regu- lar terms.
 l62. No judge of any court of record in this State shall practice law in any of the courts ot this State. or of the United States.
 16S 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 time