The Montgomery advertiser., 1903-10-23
GENERAL LAWS
Enacted by the Legislature of Alabama

cery Court of Jefferson County" into one Court to be known as the Cir cult Court of Jefferson County with sufficient number of judges for the transaction of the business or sucn consolidated Court, as provided py Sec. 14S of the Constitution of Ala bama. Be it enacted by the Legisla- ture of Alabama: Section l. That on and after the End day of November, 1904, the City Court of Birmingham" the Circuit Court Of Jefferson County" the Criminal Court of Jefferson County" and the "Chancery Court of Jefferson County" shall be and the same are hereby consolidated into one court of law and equity to be known and called "The Circuit Court of Jeffer- son County" which court is hereDy clothed with and shall have and exercise all the civil and criminal Jurisdiction and power which are now conferred upon the said City Court of Birmingham, the CIT cult Court of Jefferson County, the Grim final Court of Jefferson County and the Chancery 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 tnis act or by some rule made and aoopteo by the judges of said court in conformity to the power vested in them by law, wnef. exercising the Jurisdiction and powers or ', ----~ 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, ana when exercising the jurisdiction and pow CTS of the Court of Chancery. shall con form to and be governed by the rules or procedure and practice in the Chancery Court of this State. so far as the same are applicable except as may be otner- wise rrOvfded hV law
 Sec. 9 That the said Circuit Court or Jefferson County shall have and be com posed of three divisions to be known ana called the law. equity and criminal oi- ' visions, respectively. Said court snail 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 or SIX years and until their successors are elect . ed and qualified. That at the general election to be held in this State Tn l9O4. 1 the senior judge and the first. second ana ' third associate judges of the said court shall be elected by the qualified electors ! of the county of Jefferson and the Chan < cellor of the Northwestern Chancery Di- I 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 Jefherson County until the expiration of their present terms . of office, unless they be removed. resign or die in which event the Governor shall appoint a judge of said court to i'll the unexpired term. That at the general election to be held in this State In 1SO6 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 once shall be six years from the date of their election and until their successors are elected and qualified Each of the judges of said X court at the same time of his election. shall have been a citizen of this State and of the United States Lor 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
 during his continuance in office. each of
 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 oa.h
 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
 same causes and by the same tribunals land 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
 cuit Courts and chancellors of this State,
 Including power and authority to punish
 for contempt, to issue writs of injunction.
 prohibition, certiorari, mandamus, ha- Nbeas corpus. ne exeat, and all other writS
 which are now or may hereafter be law
 fully issued by the judges of the circuit Ncourt 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 i'll such va-
 cancy, shall hold his office until the next
 general election for any State offlce held lat 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 'iudges who are 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
 Il 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
 off said court may hold and preside over
 sessions of said court either jointly or
 separately and may hold sessions of said
 rourt and try different cases therein in
 he same place. or in different places in
 he city of Birmingham, Jefferson coun-
 y, at the same time, and when presiding
 ogether if there should be a division of opinion upon any question of law or fact,
 ne opinion of the majority of the judges
 shall prevail and be declared to be the
 judgment and opinion of the court. That
 he senior judge of said court shall have
 he power and authority and 1t shall be
 his duty to allot and apportion the cases
 bending in said court, and which may
 Hereafter be brought therein. between
 he judges of said court for trial in such
 manner as to him shall seem best and
 he public interest demand, and to ex-
 pedite the trial of causes therein. It
 hall be the duty of said senior judge,
 nd he is hereby authorized and em-
 lowered. with the advice of the asso-
 fate judges. to order in term time, or
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