The Birmingham age-herald., 1903-10-23
AN Acr
No. 525.)

Elmore and Montgomery; to confer
 equity Jurisdiction on said court in ths
 Couties of Autauga, Chiffon and El-
 more and to provide for the appoint
 ment of Judge and Solicitor of said
 Circuit.
 Section 1. Be it enacted by the Legis- lature of Alabama: That there is hereby created and established the Fifteenth Ju- dicial Circuit for the State of Alabama, To be composed of the counties of Au- tauga, Chiffon, Fillmore and Montgomery. and that said counties are hereby ta zen out Of their present Judicial Circuit
 Sec ?. That as soon as practicable af- ter the passage and approval of this Act the Governor shall appoint a Judge in and for said Circuit as provided by Sec lion 159 of the Constitution, and the said Judge shall receive the same salary and be paid at the same time and in the same manner as the salary of other Circuit Judges
 Sec. 3. That as soon as practicable af- ter the passage and approval of this Act, the Governor shall appoint a Solicitor for said Circuit whose duties shall be con lined to the counties of Autauga, Chil- ton and Elmore, and who snail be a res- ident Of one of said counties at the time Of his election or appointment, as the case may be. The salary of the said So- hcltor shall be eighteen hundred dollars per annum to be paid at the same time ana Tn the same manner as the salary of the other Circuit Solicitors.
 Sec. 4. That the Court in the several counties composing said Circuit, shall be neid at the following times: In the Coun- " or Montgomery on the first Monday af- ter the nrst Monday in January. and may continue until the business is disposed of ana on the third Monday in September, ana may continue until the business f. ulsposed or. And the terms of said Court snail not be affected by the terms of inc Court to be held in the Counties of An. tauga, Chiffon and Elmore but the Judge thereof, may, when he deems 1t neces- sary' recess said terms to be held in the County of Montgomery, without adjourn ing the same. In the County of Fillmore on the second Monday after the fourth Mohuay Tn February and may continue two weeks; on the first Monday in July and may continue one week: and on inc third Monday after the third Monday in september, and may continue two weeks In the County of Autauga on the fourth Monday in February, and may continue TWO weeks; on the second Monday III July and may continue one week. and on the fifth Monday after the third Monday in September and may continue two weeks. In the Countv or Chiffon on the sixth Monday after tho fourth Monday in February and may con tinue two weeks; on the third Monday in July and may continue one week: and on the seventh Monday after the third Monday in September and may continue two weeks
 Sec. 5. That the Court as herein estab- lished except as to the County of Mont gomery, shall have and exercise all the Jurisdiction and powers which are now, or lprnaftnr ha hu 1ou upon the Chancery Courts of the State; Provided, that said Judge. while in the County of Montgomery shall have and may exercise all the powers and duties Of chancellor as to matters pending or arising in the counties of Autauga Chil- ton and Fillmore as if he was in one of said counties. That said Court when ex. Tcising the powers and Jurisdiction of the Court of Chancery, shall conform to the rules of procedure and practice of the Chancery Courts of this State; and the Judge of such Court, shall have the right to make and adopt such other rules of practice as he may deem proper, and to amend the same as he may deem expe- dient, not inconsistent herewith; and said rules shall be entered on the minutes of said court
 Sec. 6. That the Registers in Chancery for the counties of Autauga, Chiffon and Fillmore shall be ex-officio Registers in the Circuit Court of said counties. respective ly, with the same powers and subject to the same duties and liabilities and enti- tied to the same fees and commissions ss provided by law for Registers in Chan cery. Provided, however, that separate dockets shall be kept for all matters per taining to the equity side of said court in said counties respectively And provided, further, that the official bonds of said Registers shall extend to the duties and liabilities herein imposed. And, provided further, that nothing in this act shall af- feet the terms of office of the present clerks of the Circuit Court in the coun- ties embraced in the Act, who shall con- tinue as now provided by law, as the clerks of said court in each of said coun- ties, respectively.
 Sec. 2. All cases and court business now pending in the Circuit Court of Au- tauga, Clifton. Fillmore and Montgomery counties respectively, are hereby trans ferred to the court created by this act in said counties, respectively, and shall be tried and disposed of in said court
 Sec. s. That in the counties of Au- tauga, Chiffon and Fillmore, no grand jury for said court at the summer terms re- spectively, shall be organized, unless in the opinion of the presiding judge the public good requires it, and when orga- nized, it shall be done in the same man ner as now provided by law for the or ganization of grand juiies for trial; excepting by consent; provided. special or adjourned term of the Circui, Courts of the State. At said summer terms, respectively, civil causes, in which A jury is required, shall not stand for however, that the pleadings may be acted upon and disposed of.
 Sec. g. That In the County of Mont gomery, no grand jury shall be organized for said court unless in the opinion of the presiding judge the public good re- quires it, and when organized, 1t shall be done in the same manner as now provided by law for the organization of grand ji- ries for a special or adjourned term of the Circuit Courts of the State.
 Sec 10. That all cases now pending in the Supreme Court on appeal or other wise, or which may hereafter be appealed or carried to said court from the Circuit Court in said counties, shall. if reversed. be remanded to this court in the counties, respectively.
 Sec. Il. That the judge of said court may in his discretion. hold adjourned terms of the court. and to and for such time as may be necessary for the dispatch of business, the orders for the same to be entered upon the minutes of the court at the regular term; provided, that the regular or adjourned terms of said court shall not be affected or impaired by the holding of court in other counties of the circuit. And provided, further. that the equity docket in said counties of Au- tauga, Chiffon and Fillmore, respectively. shall be called peremptorily at least three times in every twelve months