The Birmingham age-herald., 1915-10-23

fourth and so forth. consecutively. so
 that each judgeship shall be designated ! by number. and the judges shall be | so designated on the ballot used in the
 primary and general election: provided, :, that where a branch or division of the
 circuit court of such circuit Is held
 at place other than at the county site.
 the judge who shall preside over that | division as of course. shall, in addition
 to his number, be designated by the
 appropriate name of that division. The
 court of such circuits shall have three | separate divisions. an equity division. l a criminal division. and law division;
 and the judge numbered one shall sit | in the equity division as of course. | the Judges numbered two and three
 shall sit in the criminal division as of
 conrse, and the remainder of the | judges shall sit in the law division as
 of course. provided, that in such cir cults where a branch or division Of the 1 circuit court Is held at place other
 than at the county site the judge mum | bered fifth shall sit in that division
 as of course. and he shall preside over i such division in the trial of all cases
 whether equity. criminal. or law; pro
 vided further. however that all the ! judges shall have equal power, au- thority and Jurisdiction. and the pre-
 siding judge or the judge who may be acting as presiding judge in his alc ' sence may designate any of the judges 1 from time to time to sit in any diVi- sion other than that in which he sits
 as of course. whenever more judges | arc needed in such other division to | dispose of the business therein and if | shall be the duty of the judges bv vote | of the majority thereof to make rules | which shall be entered in full on the | minutes of the court as they are made n R6 duties of the judges in the several di- | visions and other matters requiring | special rules of court; and except In | so far as every judge is authorized by the constitution to direct the issue of | original writs. the several judges shall act in conformity with such rules. In | circuits which have more than three | judges. there shall be. in addition to | the clerk and the register in chancery | of such court, one assistant law clerk 1 and one assistant criminal clerk. which l said clerks shall. as of course. perform duties respectively in the law division and criminal division of such court and in the absence of the clerk of said court shall exercise all the authority and perform all the duties of the clerk of said court. The provisions ot this
 section shall not be construed to In any | manner limit the number of deputies l that may he necessary for the trans action of the business of such court. l The salary or compensation of the as sistant clerks in this section provided | for shall be fixed and paid in the same | manner and from the same source as
 are the salaries or compensation of the | deputy clerks of such circuit court. | 4. The presiding judge In circuits composed of one county shall on ev- J cry Monday call all cases in which
 service has been had on the detend-
 ant for 30 days as provided by law, and shall if no plea special appearance.
 notion or demurrer has been filed
 therein, render judgment by default.
 3. The presiding judge may also | grant all eX parte orders, or orders l that are not resisted, and may draw and empanel all juries
 | 6. The presiding judge may hear all arguments on the pleadings in every i case and when an issue is arrived at, must mark 1t "At issue" and order it 1 placed on the proper docket for trial. | 2. The presiding judge shall classify | the cases and assign those of one class | to one docket and those of another | class to another docket, and shall as ] sign all appeal and certiorari cases In which no jury is demanded, to the | docket of cases to be tried without l jury, and shall take care to so arrange | the dockets as that every judge may | have docket on which are enough l cases to occupy his full time Tor the week, and that no more cases are set l for any judge to try than he can prob
 ably try, or dispose of.
 l s. No case shall be set for trial. nor 1 witnesses summoned therein, unless 1 otherwise ordered by the court or l judge, or provided for by rules of court spread on the minutes, until the plead | ings have been settled: provided. how | ever this section shall not apply in
 circuits composed of only one county | having two or Judges
 g. In order to expedite business the presiding judge may require other | judges to hear the pleadinSs in cases | assigned to them, and may assign to any of them the duty of drawing and | empanellng the juries, while the pre- siding judge is otherwise engaged. l 10. The presiding judge shall from | time to time. as may be necessary, change tie order ofSbusiness as exper- | fence shows will expedite the trans action of the business of the court and shall change the assignments of the different dock ats to the judges to ob-
 tain the quickest dispatch of business, so that every judge shall do his full share of the work.
 H. All cases In equity shall be en- tered on separate docket, to be kept by a register to be appointed as pro- vided herein, and all causes in equity, shall proceed, and be determined ac-
 cording to the rules and principles gov
 erning the proceedings in equity courts.
 12 There shall be a register of the circuit court of each county to be ap- pointed as follows: where there is only one judge of the circuit the register shall be appointed by such judge; where there are more judges than one, the presiding judge shall appoint the register. The register shall hold office for the term of the judge appointing him. but subject to removal at the pleasure of the judge by order entered on the minutes of the court the reg
 ister shall give bond in the sum and
 payable, and conditioned as the bonds of registers in chancery are required on the date of the approval of this act; the register shall perform all the duties heretofore required of registers in chancery by law; he shall have the power to render decrees pro confesso on any Monday in all cases in which service has been perfected; and shall be entitled to receive all the fees pre- scribed for registers in chancery pro- vided, that in circuits composed of oply one county having three or more judges that the judge numbered first shall appoint the register in chancery
 13. There shall be empanelled in ev- cry county having less than 50.000 population. not less than two grand juries in every year. and when they have completed their labors, in it's dis- erection the court may permit them to take recess subject to the call of any | judge of the circuit court or the su- Ipernumerary judge, or chief justice of the supreme court. and may be reas-