The Birmingham age-herald., 1903-10-23

cery Court of Jefferson County into
 one Court to be known as the Cir
 cult Court of Jefferson County with
 a sufficient number of judges for the
 transaction of the business of such
 consolidated Court, as provided by
 Sec. 14s of the Constitution of Ala
 bama. Be it enacted by the Legisla-
 ture of Alabama;
 Section l. That on and after the 2nd lay of November, 1904, the City Court pf Birmingham, the Circuit Court of Jefferson County" the Criminal Court If Jefferson County" and the "Chancery Court of Jefferson County" shall be and .he same are hereby consolidated into bne court of law and equity to be known and called "The Circuit Court of Jeffer- son County" which court is hereby clothed with and shall have and exercise Ill the civil and criminal Jurisdiction and power which are now conferred upon the said City Court of Birmingham, the Cir euit Court of Jefferson County, the Grim hal Court of Jefferson County and the Chnncery Court of Jefferson County, or which may hereafter be by law conferred upon the Circuit or Chancery Courts or this State said court except as in this act or by some rule made and adopted by the judges of said court in conformity to the power vested in them by law, when exercising the Jurisdiction and powers or the Circuit Court, shall conform to and be governed by the rules of procedure and practice in the Circuit Court, so far as the same are applicable; except as may be otherwise provided by law and when exercising the Jurisdiction and pow CTS of the Court of Chancery, shall con form to and be governed by the rules of procedure and practice in the Chancery Court of this State, so far as the same are applicable except as may be other wise provided by law.
 Sec. 2. That the said Circuit Court of Jefferson County shall have and be com posed of three divisions to be known and called the law, equity and criminal di- visions, respectively. Said court shall be composed of seven judges as follows: one senior judge and six associate judges, all of said judges to be elected as herein after provided. Except as otherwise pro- vided in this act, the judges of said court shall hold office for the term of six years and until their successors are elect ed and qualified. That at the general election to be held in this State Tn 1904, the senior judge and the first, second and third associate judges of the said court shall be elected by the qualified electors of the county of Jefferson and the Chan celor of the Northwestern Chancery Di- vision elected at said election by the qualified electors of said division as now provided by law and his successors shall be and constitute the fourth associate judge of said Circuit Court and when not engaged in holding court in the other counties of chancery division he shall perform the same duties in said Circuit Court as are required of the other asso- ciate judges of said court by this Act. The present senior and associate judges of the Criminal Court of Jefferson Coun- ty now In office and their successors shall be- remain and continue associate judges of the Circuit Court of Jefferson County until the expiration of their present terms of office, unless they be removed. resign or die, in which event the Governor shall appoint judge of said court to fill the unexpired term. That at the general election to be held in this State in 1906 and every six years thereafter there shall be elected by the qualified electors of the county of Jefferson two associate judges of the Circuit Court of Jefferson county, whose terms of office shall be six years from the date of their election and until their successors are elected and qualified. Each of the judges of said court at the same time of his election. shall have been a citizen of this State and of the United States for the period of five years next preceding his election and shall not be less than twenty-five years of age and shall be learned in the law. and at the time of his election and
 
 said judges shall reside in Jefferson county, except the fourth associate judge may be a resident of any county in the northwestern chancery division. The judges of said court shall take oa1h of office required by law to be taken by judges of the Circuit Court, before enter ing upon the discharge of the duties per- taining to said office, and may be im- peached or removed from office for the
 
 and in the same manner as is provided by law of the impeachment or removal from office of judges of the circuit courts in this State, said judges jointly or any one or more of them shall have and ex- ercise all the Jurisdiction and powers which are now or may be hereafter law fully exercised by the judges of the Cir cult Courts and chancellors of this State, including power and authority to punish for contempt, to issue writs of injunction. prohibition, certiorari, mandamus, ha- beas corpus. ne exeat, and all other writs which are now or may hereafter be law fully issued by the judges of the circuit court or chancelors of this State, and shall be conservators of the peace. Va cancies in the office of either of said judges shall be filled by the Governor, and any person appointed to fill such va cancy, shall hold his office until the next general election for any State office 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 un- expired term and until his successor is elected and qualified. The associate judges who ars to be elected at the gen. eral election in 1904, shall be kniwn and called First Associate Judge, Second As sociate Judge, Third Associate Judge, and Fourth Associate Judge respectively, and those elected at the general election in 1906 shall be known and called Fifth Associate Judge and Sixth Associate Judge respectively, and shall be elected by the so designations.
 Sec. 3. That one or more of the jcdges of said court may hold and preside over sessions of said court either jointly or separately and may hold sessions of said court and try different cases therein in the same place, or in different places in the city of Birmingham, Jefferson coun- ty at the same time, and when presiding together if there should be a division of opinion upon any question of law or fact the opinion of the majority of the judges shall prevail and be declared to be the judgment and opinion of the court That the senior judge of said court shall have the power and authority and 1t shall be his duty to allot and apportion the cases pending in said court, and which may hereafter be brought therein, between the judges of said court for trial in such manner as to him shall seem best and the public interest demand, and to ex- pedite the trial of causes therein It shall be the duty of said senior judge, and he is hereby authorized and em- powered with the advice of the asso- ciate fridges to order in term time or