The Montgomery advertiser., 1909-09-16


 Law and Eauity Court for Maren-
 section Il. Be it enacted by the Leg islature of Alabama. That there Is hereby created and established in and for the County of Marengo, in the law and equity, which shalf be court of record. and shall be known as and called the Marengo Law and Equity Court. That said court shall be invest ed with.. and shall have hnd exercise, all the Jurisdiction and powers which are now. or which may hereafter De- conferred by law upon the several GIT cult and Chancery Courts Of this state: When exercising the Jurisdiction ana powers of the Circuit Court. 1t snali conform to the rules of practice ana procedure in the Circuit Courts or the State: and when exercising the turfs- diction and powers of the Chancery Court. 1t shall conform to the rules or practice and procedure of The Cnancery Courts of the State. except In cases where such rules of practice ana pro, cedure in said Circuit and chancery Courts are changed by the provision or under the authority of this act. Ano. provided, that the judge of this court shall have the power and authority 70 make and adopt such rules of practice and procedure for this court not in- consistent with the provisions or this act, as in his opinion may be required and necessary for an expeditions dispatch of the business of said court, and for a proper system of practice and procedure h said court, and may amend or sannul the same as may be expedient; and such rules of practice and procedure shall be enter ed upon the minutes of said court, and shall be subject to revision. change or annulment by the Supreme Court of this State.
 Sec. 2. That there shali be a judge of and for said Marengo Law. and Equity Court, who shall be appointed by the. Governor of Alabama within ten days after the approval of this act' whose term of ofice shall begin imme- diately upon the issuance of his com mission, and shall continue until the first day of January. 1911, and untir his successor Is elected and quained. At the general election in November, 1910, and every six years thereafter. the judge of and for said court snall be elected by the qualified voters oI elected shall hold office for six yearss commencing on the first day of Jan uarv following his election. and until his successor is elected and quaiihed.. :. The judge of the court herein pro- yided for shall take the oath of ofnce prescribed by law before entering upon any of the duties pertaining to his of- flee, and he may be impeached or re", moved from office for the same causes, by the same tribunals, and Tn 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 which are now, or may be- hereafter, lawfully exercised by Judges of the Circuit Courts and ChanceIlors of the Chancery Courts of this State. fnclud-. ing power and authority to issue wr1ts of injunction, prohibition. certiorari, fnandaums habeas corpus, supersedeas, ne exeat, and all other wrtts which are now or may hereafter be, lawfully issued by the said judges of said CIT. cult Courts and Chandeliers of, said Chancery Courts of this Stae. return. able to any court within the State. The judge of said court shall have been a citizen of the United States and ot the State of Alabama for a period of five years. and a citizen Of the county Of Marergo for a perior of, two. years next proceeding 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 du. ring his continuance in ofiice he shall reside in Marengo County. Vacancies in the offlce of judge of said court shall be filled by appointment py the Gov. ernor, and the appoineee' shall hold his office until the next general election for any State officer held at least six
 
 until his successor Is elected and qual. ifed; the successor chosen at such election shall hold ofice for the unex. pired term and until his successor Is elected and qualified. q The said judge of said court shall be commissioned as the circuit judges in this State are commissioned and shall take the oath of office prescribed by law If in any case. civi1 or criminal, pending in this said court the presiding judge thereof for any legal cause, be incompetent to try. hear or render Judgment in such case. the parties, or their attoruevs Of record. if 1t be a civil case. or the. solic-. itor or prosecuting ofIicer, and the de- fendant pr defendants if 1t be crif,- final case. may agree upon some dis interested person practicing in tho court and learned in the law, to act as a special judge to sit as a court, and to hear. decide. and render judg-~ ment in the same manner and to the same effect as such incompetent judgr could have rendered but for such in. competency. If the case be a civil one, and the parties or attorneys Of record. do not agree; or if it be a crim. final one. and the prosecuting officer and the defendant or derendants do not agree upon a special judge. or if either party in a civil cause is not rep resented in court. the Register in Chancery or the Clerk of said court shall appoint . special judge, who shall preside. try and render judgment as herein provided. Provided, that if the Clerk or Register Of said court shall certify to the Governor that the judge of said court will be absent or disqualified or unable to hold said court for the period of more than two days then the Governor shall appoint A res 1dent practicing attorney of said court until the said judge of said court shall resume his duties: and white so acting such special judge shall have and sx. 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 compen- sation 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. 8. That the salary of the judge of said Marengo Law and Equity Court shall be Two Thousand Dollars per an- nun, payable in the same manner and out of the same funds as rhe 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 issuance of his commission.
 Sec. {. That there shall be 6ol- icitor for said Marengo Law and Euuity Court, who shall be appointed by the Governor of Alabama within