The Birmingham age-herald., 1909-09-16
GENERAL LAWS
Enacted By the Legislature of
 Alabama.

To create and establish the Marengo Law
 and Equity Court for Marengo County.
 Section 1. Be 1t enacted by the Leg isature of Alabama, That there is here by created and established in and for the County of Marengo, in the State of Ala bama, an inferior court of law and equity which shall be court of record and shall be known as and called the Ma rengo Law and Equity Court. That said court shall be invested with, and shall have and exercise, all the Jurisdiction and powers which are now. or which may hereafter be, conferred by law upon the several Circuit and Chancery Courts of this State. When exercising the juris- diction and powers of the Circuit Court 1t shall conform to the rules of practice and procedure in the Circuit Courts of the State; and when exercising the jurisdic- tion and powers of the Chancery Court 1t shall conform to the rules of practice and procedure of the Chancery Courts of the State, except in cases where such rules or practice and procedure in said Circuit and Chancery Courts are changed by the provision or under the authority of this act And, provided, that the judge of this court shall have the power and authority to make and adopt such rules of practice and procedure for this court not inconsistent with ;ne provisions of this act, as in his opn.on may be re- quired and necessary TOT an expeditions dispatch of the business of said court and for a proper system or practice and procedure in said court, -nd may amend or annul the same as may be expedient; and such rules of practice and procedure shall be entered upon the minutes of said court, and shall be subject to re- vision, change or annuiment by the Su- preme Court of this State
 Sec. ?. That there shall be a judge of and TOT said Marengo Law and Equity Court, who shall be appointed by the Governor of Alabama within ten days arter the approval of this act whose term of office shall begin immediately upon the issuance of his commission. and shall continue until the first day of Jan uary, 1911, and until his successor is elect ed and qualified. At the general election in November 1910, anc every six years thereafter, the judge of and for said court shall be elected by the qualified voters of Marengo County; and the judge so elected shall hold office for six years, commencing on the first day of January, following his election, and until his sue
 
 of the court herein provided for shall take the oath of office prescribed by law before entering upon any of the duties pertain ing to his office, and he may be impeached or removed from office for the same causes, by the same tribunals and in the same manner as judges of the Circuit Courts of the State. The said judge of said court shall have and exercise all the authority. jurisdiction and powers whlch are now, or may be hereafter, lawfully exercised by judges of the Cir cult Courts and Chancelors of the Chan cery Courts of this State, including power and authority to issue writs of injunc- tfon, prohibition, certiorari, mandamus, shabeas corpus, supersedeas ne exeat and all other writs which are now or may hereafter be, lawfully issued by the said judges of said Circuit Courts and Chan cellors of said Chancery Courts of this State, returnable to any court within the State. The judge of said court shall have been citizen of the United States and of the State of Alabama for a period of five years. and a citizen of the county of Marengo for a period of two years next preceding his election, and shall be not less than twenty-five years of age and shall be learned in the law: and at the time of his election and during his continuance in office ne shall reside in Marengo County. Vacancies in the office of judge of said court shall be ' and the appointee 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 successor is elected and qualfied; the successor chosen at such election shall hold office for the unexpired term and until his successor Is elected and quail flied. The said judge of said court shall be commissioned as tse circuit judges in this State are commissioned and shall take the oath of office prescribed by law. If in any case, civil or criminal, pending in this said court, the presiding judge thereof. for any regal cause, be incompetent to try, hear or render judg- ment in such case, the parties, or their attorneys of record, if 1t be a civil case, or the solicitor or prosecuting officer, and the defendant or defendants, if 1t be a criminal case, may agree upon some dis interested person practicing in the court and learned in the law, to act as special judge to sit as a court, and to hear de- eide and render Judgment in the same manner and to the same effect as such Incompetent judge could have rendered but for such incompetency. If the case be a civil one, and the parties or attor- neys of record, do not agree; or if it be a criminal one, and the prosecuting officer and the defendant or defendants do not agree upon a special judge, or if either party in civil cause is not represented
 
 Clerk of said court, shall appoint a spe- cial judge, who shall preside, try and render Judgment as herein provided. Pro- vided, that If the Clerk or Register of said court shall certify to the Governor that the judge of said court will be ab- sent or disqualified or unable to hold said court for the period of more than two days, then the Governor shall appoint a resident practicing attorney of said court until the said judge of said court shau resume his duties; and while so acting such special judge shall have and ex- ercise all the authority, Jurisdiction and powers. in all respects, the same as the judge of said court. and such special judge shall receive as compensation for services for each day he is engaged in holding said court the same compensation as is allowed to special judges in the Circuit Courts of this State. which shall be paid in the same manner and out of the same fund as special judges in the Circuit Courts of this State are paid. Sec. 3. That the salary of the judge of said Marengo Law and Equity Court shall be Two Thousand Dollars per an- mum, payable in the same manner and out of the same funds as the salaries of judges of the Circuit Courts of this State are paid. computing the term of said judge to begin from the date of the is- suance of his commission. Sec. 4 That there shall be a Solicitor for said Marengo Law and Equity Court, who shall be appointed by the Governor of Alabama within ten days after the ap- proval of this act, whose term of office shall be four years from the date of his appointment and in like manner such