The Birmingham age-herald., 1907-08-29

such deputy shall be performed in the name of such register or clerk Said deputy-register and said deputy-clerk shall possess all the powers and author ity, both ministerial and judicial, now or hereafter possessed by such clerk or register, respectively Said deputy reg fster shall be paid a salary of 3625o per month, and said deputy clerk shall be paid salary of s62.5O per month, which shall be paid monthly out of the treas ury of Mobile county, in the event the same person Is both deputy register and deputy clerk, he shall receive both sal aries.
 Sec. 6. That in the event that either the clerk of the circuit court or the reg ister in chaneery at Mobile be put upon a salary, the judge of said law and equity court shall appoint clerk of said court who shall be called clerk and register and thereupon be clerk of the law side and register of the equity side of said court and hold his office until his suc- cessor shall have been elected at the general election held in 1910 and duly qualified. Immediately upon his qualifi- cation the ex-officio service of the clerk or the circuit court and register in chan cery shall cease. Thereafter said clerk or said law and equity court shall be elected in like manner and at the same tune as clerks of circuit courts Said clerk shall give bond in the sum of ten thousand tsl000O dollars with surety to De approved by the judge of said court and hled with the probate judge of Mo olle county; said bond may be increased @e any time upon the order of the pre- siding judge of said court; said clerk on the law side of said court shall have all the powers and authority, ministerial and judicial, now or hereafter vested in the elerks of circuit courts, and on the equity side of said court he shall have all the powers and authority, both ministerial and judicial, now or hereafter vested in the registers in chancery. And in such event the clerk of said court shall re- celve salary of three thousand (S3000) dollars per annum payable in monthly lnstallments out of the treasury of Mo- bile county. Said clerk may appoint n deputy, whose appointment shall be en- tered on the minutes of said court and who shall be vested with all the powers and authority of said clerk, and whose acts shall be performed in the name of said clerk and for whose acts said clerk and the sureties on his bond shall be responsible The compensa ton or said deputy shall be fixed by the board of revenue and road commissioners of Mobile county and paid in monthly in- stallments out of the Mobile county treas ury. The same fees shall be taxed in causes on the law side of said court as are allowed by general laws to clerks of circuit courts, and in causes on the equity side the same fees as are allowed by general laws to registers in chancery. Said fees shall be collected by said clerk and bV him turned ha nf Mobile county.
 Sec. T. That said court shall have one term per year beginning on the first Monday of October and lasting until and including the 31st day of July next fol- lowing. The presiding judge of said court may adjourn said court for as long d time during the term as to him seems proper. The absence of the presiding judge for any length of time shall not cause a lapse of the term, but the clerk or the register both together may adjourn said court der transmitted to and filed with said clerk or register. order said court ad- journed until any time he or they think proper. No term shall, for any cause be adjourned sine die until the time for the ending therefor fixed by law. Said presiding judge may reconvene said court for the transaction of any business at any time, by consent of the parties. be- fore the time fixed by previous order of adjournment. Provided, that the first term of said court shall begin as soon as said court can be organized.
 Sec 8. That said court shall be held at a place to be provided from time to time in the city of Mobile, by the board of revenue and the Road Conf missioners of Mobile County. Said board of revenue and road commissioners shall also provide such stationary, books and furniture and facilities as may be necessary for the proper transaction of the business of said court.
 Sec g. That said court shall adopt a seal thereof the form of which shall be entered upon the minutes of said court, said seal may be made in duplicate so that each side of said court may be provided herewith.
 Sec. 10. That juries for the trial of jury cases shall be drawn in open court by the clerk when ordered by the pre- siding judge In the same manner now or hereafter provided by law for draw ing of jurles in the Mobile Circuit Court. The jurors shall receive the same com pensation as jurors serving in the cir cult court, payable out of the Mobile County treasury in like manner.
 Sec. H. That Is shall be lawful for causes to be transferred by consent of all parties thereto, or their counsel of record, from the Chancery Court of Mo- bile. or from the Circuit Court of Mo- bile to said law and equity court, or from said law and equity court to the Chancery Court of Mobile, or to the Circuit Court of Mobile; consent of all parties or their counsel of record to be put in writing, and filed in both courts. When suits are by or against minors or insane persons, said consent may pc bv their guardians. next friend or guardians at ltem. In the event of such transfer from one court to another, the clerk or register shall transmit the original file of papers 10 said court to which the same Is trans ferred and said cause shall stand Tor further proceedings therein as If orig inally brought in the court to which the same is so transferred, and in suyh event no final record of said cause shall be made in the court from which the same is so trasferred.
 Sec. 12. That in all cases commenced in said court by summons and complaint or bill in equity, the defendant shall be required to appear and demur, answer or plead to the complaint or Dill within thirty days after the service Of the sum mons upon him, whether such service DC in term time or vacation, and in all eases at law commenced by attachment If the cause of action is due, the com plaint must be filed In ten days after the issuance of the attachment, and the defendant shall appear and demur or plead within thirty days after the levy of attachment and service of notice thereof or n case the suit Is against a nonresident or other person upon whom service may be had by publication, within thirty days after service is perfected by such publication, if the cause of action IS