The Montgomery advertiser., 1901-07-18

record, except Probate Courts shaii, at
 stated times receive for their services
 compensation which shall not be dimin- ished during their official term; they shall receive no fees or perauisites, nor hold any office (except judicial offices) of profit or trust under this State or the United States, or any other power, during the term for which they have been elected. Sec. F. The Supreme Court shall consist of one Chief Justice and such number of Associate Justices as may be prescribed by law.
 Sec. IS. The Chief Justice and Asso- ciate Justices of the Supreme Court, Judges of the Circuit Courts, Probate Courts and Chancellors shall be elect | ed by the qualified electors of the State. circuits, counties ana chancery divis- | Ions, for which such courts may be es- tablished, at such times as may pc prescribed by law. except as herein otherwise provided.
 Sec. IA. The Judges of such inferior courts of law and equity as may be by
 law established, shall be elected or ap. pointed in such mode as the Generai | Assembly may prescribe. | Sec. 15. Chancellors and Judges Of all courts of record, shall have been l citizens of the United States and Of this
 State for five years next preceding
 their election or appointment. ana shals | be not less than twenty-five years or age, and, except Judges of Probate Courts, shall be learned in the law. Sec. 16 Except as otherwise provid- ed in this article the Chief Justice and Associate Justices Of the supreme Court, Circuit Judges, Chanceliors ana Judges of Probate, shall hold omce Tor the term of six years and until tneir successors are elected or appointed ana oualified; and the right of such Judges and Chancellors to hold their offices | for the full term hereby prescribed shall not be affected by any change hereafter made by law in any circuit, division, or county, in the mode or time of election.
 Sec. II. The Chief Justice and As sociate Justices of the Supreme Court shall be chosen at an election held at the time and places fixed by law TOT | the election of members of the House of Representatives of the Congress Of the United States. until the General Assembly shall, by law, change the time of holding such election. The term of office of the Chief Justice who | shall be elected in the year 1904 shall | be as provided in the last preceding section The successors of two Of the Associate Justices elected in 1904, shall be elected in the year 1906. and the successors of the other two Associate Justices elected in 1904, shall be elected | in the year 1908. The Associate Jus | tices of said court elected in the year | 1904 shall draw or cast lots among | themselves to determine which Of them shall hold office for the terms ending, respectively, in the years 1906 and 19oS, l and until their respective successors are elected or appointed and qualified. | The result of such determination shall | be certified to the Governor. by such Associate Justices. or majority or them prior to the first day of January, | 1905. and such certificae9 shall be en- tered upon the minutes of the court | In the event of the failure of said As sociate Justices to make aud certify such determination, the Governor shall designate the terms for which they
 shall respectively hold office. as above | provided. and shall issue E's Qroclama- | tion accordingly In the event or an | increase or reduction by lsw of the
 number of Associate Justices of the
 Supreme Court. the General Assembly
 shall. as nearly2s may b., provide TOT
 the election. eaeW second year: or one | third of the members of said court.
 Sec IS. All judicial officers within their respective jurisdiction shall, by virtue of their offices. be conservators
 of the peace.
 | Sec. i9. Vacancies in the office of | any of the judges who hold office by
 election. or chancellors of this State
 shall be filled by appointment by the l Governor; such appointee shall hold | his office until the next general elec-
 tion held at least six months after the
 vacancy occurs, and until his success | sor is elected and qualified; the sue | cessor chosen at such election snail | hold office for the unexpired term and
 until his successor is elected and qual- | flied.
 Sec. 20. Whenever any new circuit | or chancery division, is created, the judge or chancellor therefor shall be
 elected at the next election for rerre-
 sentatives to the General Assembly for | a term to expire at the next general
 election for judges and chancellors; l provided that if said new circuit or
 chancery division is created more than
 six months before the next election of
 representatives to the General Asseln-
 bly, the Governor shall appoint some
 one as judge or chancellor. as the case
 may be, to hold the office until such | election.
 Sec. 21. If in any case. civil CT crim- | inal, pending in any circuit court, chan 1 cery court or either of them in this
 State. the presiding judge or chancel-
 Tor shall. for any legal cause, be in
 competent to try. hear or render Judg-
 ment in such case. the parties, or their
 attorneys of record, if it be a civil
 case or the solicitor or prosecuting or | ficer and the defendant or defendants, | if 1t be a criminal case, may agree up- | on some disinterested person, practice
 ing in the court snd learned in the
 law, to act as special judge or chan | cellor to sit as court, and to hear,
 decide and render judgment in the
 same manner and to the same effect
 as a chancellor or as judge of the
 circuit court. or if court having the | Jurisdiction of circuit and chancery | court. or either sitting as q court might | do in such case. If the case be civil
 one and the parties or their attorneys | of record do not agree; or if 1t be
 criminal one and the prosecuting oftl- cer and the defendant or defendants
 do not agree upon a special judge or 1 chancellor, or if either party in -a ciVil | cause is not represented in court, the
 register in chancery UT the clerk of
 such circuit or other court, in which
 said cause is pending, shall appoint a
 special judge or chancellor, who shall
 preside. try. and render judgment as | in this section provided. The General
 Assembly may prescribe other methods
 for supplying special judges in such | cases.
 Sec. % The General Assembly shall
 have power to provide for the holding
 of chancery and circuit courts, and for | the holding of courts having the JurlS-