The Montgomery advertiser., 1901-08-13
.xe. and, except Judges of Probate

gre. and, except Judges of Probate Courts, shall be learned in the law. Sec. l6. Except as otherwise provid- < cd in this Article, the Chief Justice and Associate Justices of the Supreme Court, Circuit Judges. Chancellors and Judges or Probate, shall hold office for the term of six years and until their successors are elected or appointed and oualified; and the right Of such Judges and Chanceilors to hold their offices for The full term hereby prescribed, snail not be affected by any change hereafter made by law in any circuit, division pr county, in the mode or time of elec- tion.
 Sec. IT. The Chief Justice and Asso- cate Justices of the Supreme Court phall be chosen at an election held at the time and places fixed by law Tor the election of members of the House of Representatives of the Congress or the United States, until the Leglsla- ture shall, by law, change the time or holding such election. The term Of or flee of the Chief Justice who shall be elected in the year 1904, shall be as pro vided in the last preceding section. The xuccessors of two of the Associate Jus lices 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 l90s The Associate Justices of said court elected in the year 1904 shall draw or cast lots among themselves to deter mine which of them shall hold of1ce for the terms ending, respectively, in the years 1906 and 1908 and until their respective successors are elected or ap- pointed and qualified; the result of such determination shall be certified to the xSovernor by such Associate Justices. or majority of them, prior to the first day of January, 1905, and such cer- tificate shall be entered upon the min : ufes of the court. In the event of the failure of said Associate Justices to make and certify such determination, the Governor shall designate the terms for which they shall respectively hold rfYice as above provided, and shall issue his proclamation accordingly. In the event of an increase or reduction by law of the number of Associate Jus tices of the Supreme Court, the Legls- 1ature shall, as nearly as may be, pro- vide for the election, each second year. of one-third of the members of said court
 Sec. is. All judicial officers within their respective jurisdictions shall. by virtue of their offices, be conservators of the peace.
 Sec. l9. Vacancies in the office of any of the Judges who hold office by cleo
 
 be filled by appointment by the Gov ernor: such appointee shall hold his of- flee until the next general election, held at least six months after the va- cancy occurs, and until his successor is elected and qualified; the successor chosen at such election shall hold of flee for the unexpired term and until his successor is elected and qualified.
 Sec. 20. Whenever any new circuit, or chancery division, is created, the Judge or Chancellor therefor shall be elected at the next election for Repre- sentatives to the Legislature for term to expire at the next general election for Judges and Chancellors; provided that if said new circuit or chancery di- vision is created more than six months before the next election of Representa- tives to the Legislature. the Governor shall appoint some one as Judge or Chancellor, as the case may be, to hold the office until such election.
 Sec. q. If, in any case, civil or criminal, pending in any Circuit Court. Chancery Court, or in any court having the Jurisdiction of Circuit of Chan cerv 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 civil case, or the solicitor 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 a special Judge or Chancellor to sit at a court and to hear. decide and render judgment, in the same man. ner and to the same effect as a Chan cellor or as a. Judge of the Circuit Court. or of a court having the juris- diction of 8 Circuit and Chancery Court. or either, sitting as a court might do in such case. If the case be a civil one and the parties or their at- torneys of record do not agree; or if il be a criminal one and the prosecuting officer and the defendant or defendants do not agree upon the special Judge or Chancellor, or if either party in a civil cause Is not represented in court the Register in Chancery, or the clerk of such circuit or other court, in which said cause is pending. shall appoint a preside, try and render judgment, as ir this section provided. The Legislature may prescribe other methods for SUD- plying special judges in such cases.
 Sec. P. The legislature shall have power to provide for the holding oi chancery and circuit courts, and for the holding of courts having the juris- 1ASbAOA Ol CAASuAb anu SndhCCIy or either of them, when the chancel- lors or judges thereof fail to attend regular terms.
 Sec. 23. No judge of any court of record in this State shall practice law in any of the courts of this State or of the United States.
 Sec. A. Registers in chancery shall be appointed by the chancellors of the respective divisions, and shall have ibeen at least twelve months before their appointment. and shall be at the dime of their appointment, and during their continuance in office, resident cit azens of the district for which they are appointed. They shall hold office fo1 the term for which the chancellor ma king such appointment was elected oI appointed. Such registers shall receive as compensation for their services only such fees and commissions as may be specifically prescribed by law, which fees shall be uniform throughout the State.
 Sec. 25. The clerk of the Supreme Court shall be appointed by the judges thereof, and shall hold office for the term of six years, and the clerks oi such inferior courts as may be estah- lished by law shall be selected in suct manner as the legislature may pro. vide.
 Sec. 26. Clerks of the Circuit Court shall be elected by the qualified cleo