The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-03-25

/ changed or annulled by the Supreme Court
OF the State.
Sec. >. That as soon after the approval
of this act by the Governor as practic-
able, the Governor shall appoint a judge
for said court, whose term of office shall
begin Immediately upon his appointment
and qualification. and continue until the
general election in the year 1910 and until
his successor is elected and qualified at
| the said geenral election in the year 1910,
! and every six years thereafter, a judge
of said court shall be elected by the quail
| flied electors of said county whose term
of office shall be for six years from the
date of his election, and until his sue
cessor is elected and qualified The judge
or said court so appointed and elected
as herein provided, shall, before entering
upon the duties of his office, take the
oath of office 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 citizen of Morgan county,
Alabama, for a period OF one year next
preceding his election. and shall be not
less than twenty-one years of age, and
Sec. 3. The judge of said Morgan eoun-
ty law and equity court shall have and
| exercise all powers functions and jurs-
dictions which are, or may hereafter be-
lawfully exercised by the judges of the
! circuit courts and chancelors of the State,
I including authority to issue writs of in
! junction, prohibition, ne exeat, and all
other wrts which are now, or may here
after be, lawfully issued by judges of the
circuit courts, chancellors, and judges of
the city courts of this State. Vacancies
! in the office of Judge shall be filled by
/ the Governor, and the person so appointed
shall hold his office until the next gem
eral election for any State officer held at
least six months after the vacancy oc-
ours, and until his successor is elected
| and qualified; the successor chosen at
such election shall hold office for the I'M
expired term, and until his successor is
elected and qualified. That the Judge of
said court may hold court for circuit
| Judges and chancellors of this State and
circuit court Judges and chancellors of
this State may hold said Morgan county
law and equity court for the judge there
Of, when it is deemed proper so to do,
and shall do so when directed as author
lied by law. That the judge of said court
may be impeached or removed from office
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-officio
OLE -
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 tie circuit court, and shall
be entitled to the same fees as in like
cases in the circuit courts now. or here
after 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 rec
ords thereof, shall be kept at the court
house of said county.
| Sec. 5. That the register in chan
, Gerry of the chancery court of said county
shall be ex-officio register of said Morgan
county law and equity court in the equity
|
the powers. and be liable to perform all
the duties and be subject to all the PEN
! alties, 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 cases in the chancery court
now, or hereafter, allowed 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 designated
by the presiding Judge in cases of emer-
! gency. 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 Special jury terms may also
be held when, in the opinion of the
| judge of said court they shall be neces-
| sary for the proper transaction of the
business therein. for which terms the
! Judge shall enter an order on the min
utes OF the court, and juries for such
| special terms must be drawn and sum-
moned 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; provided,
| that there may be temporary adjourn
ments of said court during the terms
! tn .eof, such as may be deemed expedient
| and prope by the judge of said court.
| Sec. Z. That the spring term of said
Morgan county law and equity court shall
begin on the first Monday in February
C each year, and may continue in ses-
| sion for five months. The fall term of
| said court shall begin on the first Mon
day in September of each year, and may
| continue In session for four months, or
| during the remainder of the year. Pro-
vided that the first term of this court
| shall convene on the first Monday after
act. The said Morgan county law and
equity court shall be held Ia each year
| may be determined and fixed by the
| presiding judge; that the judge of said
| court is hereby authorized to fix the time
an manner OF holding the session of
sal court; and the week or weeks in
which equity cases shall e tried and a
week or weeks for the trial of cases in
! which a jury has been waived by the
| parties thereto, as provided in this act:
| a week or weeks for the settling of plead
/ .t...