The Montgomery advertiser., 1903-02-01
COURT BILL
 OF MIR. MANER To Consolidate Those Of
 Montgomery. NO ONE TO LOSE OFFICE Measure Prepared for Pre- sentation to Legislation. Abolishes Circuit and Chancery Courts of Montgomery and Trans fers Their Powers and Juris-
 diction to City Court.

Hon. o. c. Maner. a member of the Alabama House of Representatives. has prepared a bill abolishing the Circuit Court of Montgomery and the Chancery Court and transferring their power to the City Court of Montgomery.
 The bill wipes out both courts as they now exist, but it affects the City Court only in the bestowal upon it of the power and Jurisdiction of the other two courts. The powers of the Chancery Court are transferred to the equity side of the City Court in the bill. All causes in that court are to be transferred to the City Court on the approval of the bill. The Register in Chancery is not to be legslated out of office, but he will hold until the present term Is ended.
 At the expiration of the term of the Chancellor of the Southeastern Chancery Division the Clerk of the City Court of Montgomery is to become Register in Chancery.
 The bill further provides that after the expiration of the term of the present Judge of the Second Judicial Circuit, the Circuit Court of Montgomery shall be
 abolished. The Clerk of the Circuit Court is to hold his office until the ex- piration of his present term of office At the general election of 1904 the bill pro- vides that a Clerk of the criminal divi- sion of the City Court of Montgomery is to be elected by the people.
 The bill will be introduced tomorrow or Tuesday. The measure which is one of the most important Montgomery bills introduced at the present session is as follows:
 Section l. Be it enacted by the Legs- lature of Alabama, that from and after the approval of this act, the Chancery Court of Montgomery County shall be abolished, and all its Jurisdiction and powers conferred upon the City Court of Montgomery.
 Sec. ?. That by the approval of this act all causes and proceedings of what ever nature pending at the time in the Chancery Court of Montgomery shall be ipso facto transferred to the City Court of Montgomery, which last named court shall thereupon proceed to hear and de- termine the same as if they had been originally instituted therein.
 Sec. 3. That the Register in Chancery for Montgomery County shall hold his off, flee and perform the duties and receive the compensation of Register in Chan cery for the City Court of Montgomery | during the present term of office of the Chancellor for the Southeastern Chancery Division. At the expiration of the present term of office of the Chancellor for the Southeastern Chancery Division. or if a vacancy shall occur in the office of the Register in Chancery for Montgomery County before that time, then upon the occurrence of such vacancy, the Clerk of the City Court of Montgomery shall be the Register in Chancery for the City Court of Montgomery. with all powers, duties and liabilities belonging now or hereafter to the office of Register in Chancery, and his official bond Clerk of the City Court of Montgomery shall be his bond as Register in Chancery for the City Court of Montgomery. subject in every respect to liability now or here- after imposed by law on the official bond of Registers in Chancery.
 Sec. 4 That on the expiration of the present term of office of the Judge of the Second Judicial Circuit, the Circuit Court of Montgomery shall be abolished, and all causes and proceedings then pending in said court shall be ipso facto trans ferred to the City Court of Montgomery. and said City Court shall proceed to hear and determine the same as if they had been originally instituted therein.
 Sec. ,. That at the expiration of the present term of office of the Clerk of the Circuit Court of Montgomery, he shall deliver to the Clerk of the City Court of Montgomery, hereafter to be known as the Clerk and Register of said Court, all records, dockets. files. papers, money and property in his hands as Clerk of the Circuit Court. which shall be received held and accounted for by the Clerk of the City Court of Montgomery by virtue of his office. The Clerk of the Circuit Court of Montgomery shall hold his of- flee until the expiration of his present term. and be entitled to the emoluments, fees and offices appurtenant thereto.
 Sec. t. That at the general election to be held in the year 1904. there shall be elected by the qualified electors of Mont gomery County clerk for the criminal division of the City Court of Montgom- cry. whose term of office shall begin on the expiration of the present term of of- flee of the Clerk of the Circuit Court of Montgomery. shall be for the term of six years and until his successor is elected and qualified. and who shall perform all duties and receive all fees in criminal causes and proceedings in the criminal division of the City Court of Montgom- cry. He must be qualified as. and shall have all the powers. perform all the du- ties. and be subject to all liabilities. pen- alties disa bilities and forfeitures now or hereafter conferred or imposed on clerks of the Circuit Court, and shall be ex ohlcio a member of the Jury Com mission of Montgomery County, and shall receive such allowance as Is now allowed hv law to the Clerk of the Circuit Court of Montgomery County. but this act shall not be construed as extending the provis- ions of Section of an act approved Feb mary, 1901. creating the office of Asso- ciate Judge of the City Court of Mont gomery. He shall keep an office, and the records dockets. fles papers, money and property of the criminal division of the City Court of Montgomery. Before going into office he shall make a bond in the sum of 8 GOO which shall be con- ditioned and payable and subject to all the rights and remedies penalties and forfeitures prescribed now or hereafter in cases of bonds Of clerks of Circuit Courts with surety or sureties to be ap- proved by the Judge of Probate of Mont gomery County. in whose office it must be filed and recorded.
 Sec T. That the Clark of the City Court of Montgomery shall be Register in Chancery for said Court and shall, upon the expiration of the present term of office of the Register in Chancery for Montgomery County. receive, hold and account for all the records dockets. files, papers. money and property then in the hands of the Register in Chanery of Montgomery County. He shall receive such fees and emoluments in all civil and equity causes and proceedings in the City Court of Montgomery as are now or may be hereafter provided by law. He shall