The age-herald., 1901-09-08

Justices of the Supreme Court shall be chosen at an election to be held at the time and places fixed by law for the elec- tion of members of the House of Repre- sentatives of the Congress of the United States, until the Legislature shall by law change the time of holding such elections. 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 proceeding section. The success ors of two of the Associate Justices elect ed in the year nineteen hundred and four shall be elected in the year nineteen hundred and six, and the success ors of the other two Associate Justices elected in the year nine teen hundred and four shall be elected in the year nineteen hundred and eight. The Associate Justices of said court elect ed in the year nineteen hundred and four shall draw or cast lots among themselves to determine which of them shall hold office for the terms ending, respectively, in the years nineteen hundred and six and nineteen hundred and eight, 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 a majority of them, prior to the first day of January, nineteen hundred and five. and such certificates shall be entered upon the minutes or the court. III IHe event of the failure of said Associate Jus tices to make and certify such determina- tion, the Governor shall designate the terms for which they shall respectively hold office, as above provided, and shall issue his proclamation accordingly. 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 AL t. o1, C,d -tf h ira of the members of said court.
 157. All judicial officers within their re- spective Jurisdiction shall. by virtue of their offices, be conservators of the peace
 15S. Vacancies in the offices of any of the Justices of the Supreme Court or Judges who hold offices 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 off cer 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 office for the unexpired term and until his successor Is elected and qualified.
 159 Whenever any new circuit or chan cery division is created, the judge or Chancellor therefor shall be elected at the next general election for any State officer for a term to expire at the next general election for Circuit Judges and Chancel- lors; provided that if said new circuit or chancery division is created 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 un- til such election.
 160 If In any case, civil or criminal, pending In any Circuit Court, Chancery Court or in any court of general jurisdic- tion having any part of the Jurisdiction of Circuit and Chancery Court, or either of them, in his State, the presiding Judge or Chancellor shall, for any legal cause, be incompetent to try, hear or rem der judgment in such case, the parties, or their attorneys of record, If 1t be a oivil case, or the solicitor or the prosecuting officer, and the defendant or defendants; If 1t be 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 Chancel- Tor or Judge could have rendered, but for such incompetency. If the case be a civil one, and the parties or their attorneys of record do not agree; or if 1t be a criminal one and the prosecuting officer and the defendant or defendants do not agree upon special Judge or Chancellor, or if either party in a civil cause Is not repre- scented in court, the register in Chancery or the clerk of such Circuit or other court in which said cause Is pending, shall ap point a special Judge or Chancellor who shall preside, try and render judgment as in this section provided. The Legislature may prescribe other methods for supply ing special Judges in such cases.
 161.. The Legislature shall have power to IL l. Circuit Courts, and for the holding of courts having the Jurisdiction of Circuit and Chancery Courts, or either of them, when the Chancellors or Judges thereof fail to attend regular terms.
 162. 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.
 163. Registers in Chancery shall be ap- pointed by the Chancellors of the respec- tive divisions, and shall have been at least twelve months before their appoint ment and shall be at the time of their ap- pointment and during their continuance in office. resident citizens of the district for which they are appointed. They shall hold office for the term for which the Chancellor making such appointments was elected or 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.
 164. 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 of such inferior courts as may be established by the law shall be selected in such manner as the Legislature may provide.
 165 Clerks of the circuit court shall be elected by the qualified electors in each county for the'term of six years, and may, when appointed by the chancellor, also fill the office of register in chancery. Vacancies in such office of clerk shall be filled by the judge of the circuit court for the unexpired term.
 166 The clerk of the Supreme Court and registers in chancery may be removed from office by the Justices of the Supreme Court, and by the chancellors respective ly, for cause, to be entered at length upon the minutes of the court.
 167 A solicitor for each judicial circuit or other territorial subdivision prescribed by the Legislature, shall be elected by the qualified electors of those counties in such circuit or other territorial subdi- vision in which such solicitor prosecutes criminal cases, and such solicitor shall be learned in the law. and shall at the time of his election and during his contin- uance in office, reside in a county Gin the circuit) in which he prosecutes crimi- nal cases, or other territorial subdivision for which he Is elected, and his term of office shall be four years. and he shall receive no other compensation than salary to be prescribed by law. which shall not be increased during the term for which he was elected; provided, that this article shall not operate to abridge