The Birmingham age-herald., 1909-09-16

of Marengo county. Vacancies In the office of solicitor of said court sh all be filled by appointment of the Governor of Alabama, and such appointee shall hold office for the unexpired portion of his predecessors term, and until his successor is appointed and qualified.
 Sec. ,. That the solicitor of and for said Marengo Law and Equity Court shall receive salary of twelve hum dred dollars per annum as compensa- tion for his services, said salary to be paid monthly out of the Marengo Law and Equity court fine and forfeiture fund herinafter provided for, upon his order drawn on the Treasurer of Ma rengo County, computing his term of office to date from the date of the issuance of his commission; and sais salary shall be preferred claim against said fund.
 Sec. 6. That the clerk of the circuit court of Marengo County shall be ex- officio clerk of the Marengo Law and Equity Court on the law side of its docket and shall have all the powers and shall be required to perform all the duties, and shall be subject to all the penalties and liabilities in said court, as are imposed on and required of him In like cases in said circuit court and he shall be entitled to the same fees for services in said court as he is entitled to for like services in the circuit court, as are now, or hereafter may be, allowed by law to the clerk i, of said circuit court. The judge of said court shall adopt a seal for the law side of the docket of the Marengo Law and Equity Court which shall be kept in the custody and control of said clerk. The said clerk of this court shall have power and authority to try-a ant al ,l1 II, during term time of said court which the clerks of the circuit courts of the State may do in term time or vacation.
 Sec. 2. That the register of the chancery court of Marengo County shall be ex-officio register of the Ma rengo Law and Equity Court on the equity side of its docket, and sh all have all the powers and be required to perform all the duties and be subject to all the liabilities and penalties in said court as are imposed on and re- quired of him In like cases In the chancery court and said register shall be entitled to the same fees for services in the said court as he is entitled to in the chancery court as are now, or hereafter may be, allowed by law to the registers of the chancery courts in this state. The judge of said court shall adopt a seal for the equitys side of Marengo Law and Equity Court, which shall be kept in the custody and control of said register. And said reg ister of said court shall have power and authority to grant all orders and do all things during term time of said court which the register of the chan cery courts may do in term time or va cation. Provided that said register, if lawyer and otherwise qualified to practice law, may practice on the law side of said court but not on the equity side.
 Sec. 8. That the said clerk of the circuit court and the said register of the chancery court, who are respec- lively ex-officio clerk and register Of said Marengo Law and Equity Court, may keep an office in the city of De- mopo1is in the Northern Division of said court and may appoint and keep a deputy In said office, who shall have charge of said office and keep the same open during regular business hours for the transaction of such business a 8 may properly come before the clerk and register of said court; and the said deputy so appointed by the clerk and register of said court. respective 1y. shall have the same power ard au- thority as said register and clerk, and may grant all orders and do all things in the name of said clerk and regis ter, as they could or should do in per son, and sh all be subject to the same duties and penalties as such clerk and register. Provided, that said clerk and register may. if they desire appoint one and the same person to act as their deputy. but they are not required to do so.
 Sec. g. That there shall be two terms of said Marengo Law and Equity Court during each year. The first term of said court shall begin on the first Monday in September 1909, and con- tinue until the first Monday in January 1910; and, thereafter, beginning with the first Monday in January, 1910, the regular terms of said court shall be as follows: The first term shall begin Oil the first Monday in January of each second term shall begin on the first Monday in July following; and the second term shall begin on the first Monday in July in each year, and shall continue until the first Monday In Jan uary following; provided, that during the regular term of said court the judge tn ereof, may adjourn the court and take such recesses from time to time as to him may seem proper.
 Sec. 10. That there shall be two di- visions of said Marengo Law and Equi- ty Court, to be known as the North ern DlV1S1On dHu lIle SOulDeTn DlV1S- ion," respectively. That the Northern Division" of said court shall embrace that portion of the territory of Maren- go County included within the follow ing precincts of said county as now or ganized, to-wit Macon precinct, De- mopofis precinct; Old Spring Mill pre- cinct, Dayton precinct and Fandsale precinct. The Southern Division" of said court shall embrace all the terri tory of Marengo County as now organ ized that Is not embraced and included in the Northern Division" of said court as above set out. Court shall be held in the Southern Division" of said court at the court house, in the town of Linden; and court shall be held in the Northern Division" of said court in the city of Demopolis, in Demopolis precinct, at such place therein as the judge of said court may designate and select. provided that the city of De- mopolis must provide and furnish. without cost and expense to Marengo County, suitable and necessary build ings in which to hold said court. and for the safe keeping of the prisoners and the records of said court and the necessary offices for the officers of said court.
 Sec. II. All actions, except actions for the recovery of land, or the posses sion thereof, or for trespass thereto. must be brought in the division of said Marengo Law and Equity Court, in which the defendant, or one of the defendants, resides, if such defendant has within either division of said court perma nent residence; all actions for the recovery of land, or the possession thereof or for trespass thereto, must