The Montgomery advertiser., 1907-03-25

of said court: and prescribe rules
 of practice and procedure for salo
 court.
 Section 1. Be 1t enacted by the Leg islature of Alabama, that there be, ana hereby Is, established in and for the county of Morgan court of law ana equity, which shall be called the Nor gan county law and equity court, and which court shall have and exercise the Jurisdiction. functions and powers which are now. or may hereafter be, by law, conferred upon the several cir cult, chancery and city court of the state. When exercising the jurisdic- ton. functions and power or courts or law, said court shall conform to the rules of procedure and practice in the circuit courts of this State, except as otherwise provided in this act. and when exercising the powers, functions and jurisdiction of courts of equity 1t shall conform to the rules of procedure and practice in chancery courts or this State, except as otherwise proVideo herein. Provided, that the presiding judge of said court shall have power to make and adopt such rules or prac- tice as may be required by proper system of practice for said court, and to amend the same as may be expe- dient. Such rules shall be entered Of record upon the minutes of said court, and shall not be in conflict with any law of the State, or the rules of the suprema Court, and may be changed or annulled by the Supreme Court of the State.
 Sec. 2. That as soon after the ap-i proval of this act by the Governor as practicable, the Governor shall appoint a judge for said court. whose term or ofice shall begin immediately upon his appointment and qualification, and con- t4 fkn RlANflnr year 1910, and until his successor is elected and qualified at the said gen eral election in the year 1910, and every six years thereafter, a judge of said court shall he elected by the qual- filed electors of said county, whose term of office shall be for six years from the date of his election, and un- til his successor is elected and quali- ned. The judge of said court so ap- pointed and elected as herein provid- ed shall, before entering upon the du- ties of his office, take the oath of of- fee required by law to be taken by the judge of the circuit courts of Ala bama- The judge of said court, at the time of his appointment and election, shall have been a citizen of Morgan county Alabama, for period of one year next preceding his election, and shall be not less than twenty-one years of age, and shall be learned in the law
 Sec. 3. The judge of said Morgan county law and equity court shall have and exercise all the powers, functions and Jurisdictions which are, or may hereafter be, lawfully exercised by the judges of the circuit courts and chan cellors of the State, including author fly to issue writs of injunction, pro- hibition, ne exeat. and all other writs which are now, or may hereafter be, lawfully Issued by judges of the cir cult courts, chancellors, and judges Of the city courts of this State. Vacan- cies in the office of judge shall be filled by the Governor, and the person so appointed shall hold his office until the next general election for any State officer held at least six months after the vacancy occurs, and until his suc- cessor is elected and qualified: the sue oessor chosen at such election shall hold office for the unexpired term, and until his successor is elected and qual- filed. That the judge of said court may hold court for circuit judges and chanceliors of this State and circuit court judges and chancellors of this State may hold said Morgan county law and equity court for the judge thereof, when 1t is deemed proper so to do, and shall do so when directed as authorized by law. That the judge of said court
  ofice for the same causes and in the same manner as is required by law for the Impeachment or removal from office of judges of the circuit courts.
 Sec. 4. That the clerk of the circuit court of said county shall be ex-oficio clerk of said Morgan county law and equity court in the law side of the docket, and shall have all powers, and be liable to perform all the duties, and be subject to all the penalties in said court as in like cases in the circuit court, and shall be entitled to the same fees as in like cases in the circuit courts now, or hereafter allowed by law. The said court shall adopt the seal for the law side of the court, which shall be in the custody of the said clerk. That the office of said clerk, during his term of office, and the records thereof, shall be kept at the court house of said county.
 Sec. 5. That the register in chan esry of the chancery court of said county shall be ex-officio register of said Morgan county law and equity court in the equity side of the docket, and shall have all the powers, and be liable to perform all the duties, and be subject to all the penalties, as in like cases In the chancery court now, or hereafter, provided by law. The said court shall adopt a seal for the equity side of said court which shall be in the custody of said register. That said register shall be entitled to the same fees as in like eases in the chancery court now, or hereafter, al lowed by law. That the office of said register, during his term of office, shall be kept at the court house of said county.
 Sec 6. That said court shall be held at the court house of Morgan county, or such other place as may be desig- mated by the presiding judge in cases of emergency. There shall be two regular terms of said court in each year, one to be known as the spring term and one as the fall term. Spe- ciaI jury terms may also be held when. in the opinion of the judge of said court, they shall be necessary for the proper transaction of the business eherein, for which terms the judge shall enter an order on the minutes of the court, and juries for such special terms must be drawn and summoned in the same manner as is now. or may hereafter be, provided by law for drawing and summoning juries for spe- cial terms of the circuit court; pro- Vided, that there may be temporary &djournments of said court during the terms thereof, such IS may be deemed expedient and proper by the judge of eaid court.
 Sec. !. That the spring term of said Morgan county law and equity court shall begin on the first Monday fin February of each year. and may continue in session for five months. Rou taru, nf safd court QhaI