statutes Alabama. Laws.

A digest of the laws of the state of Alabama; online

. (page 78 of 89)
Online Librarystatutes Alabama. LawsA digest of the laws of the state of Alabama; → online text (page 78 of 89)
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Of stock of the state of Alabama, how transferred, and how re-
newed when lost, . . 4 ' . . 399, 400
Of jurors,* to be received in payment of county taxes, . 82, 207
Of qualification, from judge of county court, to stand in place of
a commission to county treasurers, county .surveyors, coro-
ners, auctioneers, and assessors and collectors, • . 100
Of election, from colonel-commandant to battalion or platoon

ofiicer, shall enable such officer to act as though commissioned, 311
Of purchase of sixteenth section, how renewed when lost, 383

Digitized by



INDEX. 478


Writs of may be Issued by judges of the supreme court, • 237

by judges of the circuit court, • 243

by judges of the county court, • 246

Proceedings in forcible entry and detainer shall be removed only

by certiorari, . • • • . • 205

Causes removed by certiorari, to stand for trial the first termi 261


Attending the county surveyor shall be sworn, and their names
entered on the plat, « . . * • 404

' How sworn when acting under an order of partition, • • 334

CHALLENGES— See "Duelling."

In all jury trials, either party may have four peremptory ehsl^
lenges, ....... 283

In capital cases, prisoner allowed sixteen and state four peremp-
tory challenges, ...... 123

In prosecutions for inferior offences, prisoner avowed twelve and

state four, ..••.. ib.

Slaves and free persons of color, on trial for offences above petit

larceny, allowed twelve peremptory challenges, . . 125

When the panel is exhausted by challenges, in capital cases,

talesmen may be summoned to complete it, , 119, 125


Equity jurisdiction vested in the judges of the circuit court, ^S6

Circuit court to have all the authority incident to courts of chan-
cery, ...... 286,287

May establish rules, . « . • .- 286

Clerk to keep the rolls in chancery separate, . • • ifr.

May direct issues in fact to be tried, ... ib.

Judges may issue writs of injunction and ne exeat, • • f6.

Writ of ne exeat shall be discharged on givinff security, • f6.

Courts may issue executions, and all usual chancery process, ib.

May examine answers in vacation, and discharge bail, . • tb,

[ Shall have jurisdiction of gaming contracts, so far as to sustain

a bill of discovery, or enjoin judgments at law, . . tft.

^ May decree specific performance, and award writ of possession, 287

May stay decree on bill of review, ... . i6«

■, Bill of review barred in three years, . • . .i6«

Equitable title to lands liable to payment of debts, only by bill
^ in equity, ...... ^.

^ CHANCERY, proceedings in.

Suits shall be commenced by filing a bill with the clerk, • 287
Clerk shall issue aubpoma ad respondendum with the bill an-
nexed, to be served by the sheriff, . . . . f6«

Defendant shall plead or demur within thirty days after service,
I (unless time is extended by clerk or judge,) or bill may be

taken pro corifeeaOf and complainant have attachment to com-
pel answer, ...... j^.

No plea or special demurrer shall be filed, but defendant may

embrace all matters in his answer, • • • ib.

Defendant may demur generally, . • • • ifr.

If overruled, he shall file a sufficient answer and go to trial
foirthwidi, or bill may be taken pro cotifea90, and attachment
issued, ....... ifr.


Digitized by


474 INDEX.


Defendant shall file his exceptions with his answer* and com-
plainant his exceptions hy first day of the term after defend-
ant's answer, • • . • . . 288

Exceptions shall be heard and determined first ferm after they
are filed, or same term if filed first day— KX)nsequences of sus-
taining or oremiling exceptions, . . . • »6.

Court may grant leave to parties to amend bill or answer, . »6.

Replication to answer not required, . . . . »6.

When answer is filed ten da3r8 before court, or bill taken pro
coirfessOy cause shall stand for a hearing that term, . »6.

Court shall not make decree on bill taken pro confesso, without
satisfactory proof, . • • . • {&•

Order taking Mil pro confesao shall be set aside, on defendant's
filing a full and complete answer, • . . »6.

Attachments shall in all cases be discharged by defendant's com-
pliance at or before next term, . . . . »6.

Judge shall render his decree in writing by the adjournment of

the court, unless the matter requires deliberation, . »6.

Answers, bills for injunctions and for writs of ne exeat, must
be sworn to, .••..• »6.

Writ of ne exeat may issue upon an equitable claim, • »6.

Injunctions and ne exeats may be dissolred next term aAer is-
suance for good cause shown, . . . • ifr.

Judge may rdfer matters of account to the clerk, to complete

the decree or before a hearing, . . . t88-0

When reference is made in the decree, parties may appeal from
the clerk's report, giving ten days' notice, and stating the
grounds of appeal, ..... 289

The defendant not appearing according to the rules, and affida-
vit being made that he is a nonresident or has absconded, the
court may enter an order requiring him to appear by a cer-
tain time, ...... »6.

Order for appearance to be published, . • . »6.

Defendant failing to appear within time limited, bill may be ta-
ken pro confesBO, and decree entered, . . . ib.

Complainant before obtaining decree against absent defendant,
shall give bond to abide an order of restitution, . . »6.

Defendant coming into the state in two years, to be served with
a copy of the decree, or his executors or administrators,
&c. ...... 280-290

Not petitioning for a rehearing within one year after served

with a copy, decree to stand absolutely confirmed, . . 200

If defendant within three years after rendering of decree, or one
year after being served with a copy thereof, will pay costs ~
and petition for a re-hearing, the decree shall be set aside and
annulled, ...... »6.

If defendant does not petition for a re-hearing within three years
from entry of decree, it shall stand confirmed, . . »6.

This law not to authorize proceedings against nonresidents, un-
less the cause of action arose in this state, . . »6.

Venue may be chsftiged, where the judge of the circuit has been
of counsel, or is related to either of the parties,' . . ib.

Venue shall be changed to nearest county free from like
exception, and all the papers, and proceedings, transferred
thither, ....... 16.

Digitized by


INDEX. 476

CHANCERY, PBooBSDnras uh-^oniinued.

Procesfi for enforcing a final decree in chancery, and the pro-
ceedings therein, .... 162« 286,297
See — " Injunctiona."

Penalty for i«0uing and circulating, • . • • • HO

Not exceeding one dollar, unless issued by chartered banks, to
bear 100 per cent, interest, .... 233

CHANGE OF VENUE— See •• Venue."

Judges not to charge on matters of fact, but may state the tes-
timony and declare the law, .... 283
CHARGES TO GRAND JURIES— See <' Crimes and Misdemeanors,''

and the several penal laws.
CHEROKEES— See '' Indians and Indian Territory.*'
CHILDREN— See ** Bastards," *• Bastardy," and " Divorces."

To be exempt from tax, ..... 356

May become incorporated by depositing a copy of their articles
of government witli clerk of county court, and having the
names of their leaders or trustees recorded, . . 355

CIRCUIT COURTS— See " Courts."

To property executed or attached— See •* Right of Property."
Due to the state, how enforced by suit, . . 197 to 100

Agamst the state, how enforced by suit, . • . 282

how to be authenticated, • . • 81


To be audited by county court, and if allowed, to be recorded
and warrant to issue to the claimant, . . . 81

Clerk to number warrants yearly, and register the number,
amount and names of claimants, . . • • »6.

Claims barred, if not presented within Iwelve months from their
accrual, ....... t6.

But not to affect persons non compos mentis and minors who
have no guardians, . . . . . . t6.

Jury certificates, (and those only of authenticated claims,) re-
ceivable in payment of county taxes, . . 81, 82, 297

County treasurer shall receive and register all orders on the
treasury or claims against the county authenticated according
to law, and keep a record of those paid, « . 82, 425

Shall pay claims only in order of registration, . . i6. »6.

Penalty on county treasurer for neglect of duty, with regard to
receiving, registering, or paying clain^s, . . 425

Shall pay state-witnesses' certificates out of the fines and for-
feitures in the county treasury, .... 452

Failing to pay claims due, there being sufficient funds, liable to
judgment, on motion of the claimant, . . . 426

Against estates — See '* Estates of Deceased Persons," and
'* Executors and Administrators."


In what way they may be contracted for by white persons, 225

All laws and usages respecting the benefit of clergy, abolished, 107
CLERKS, OF CIRCUIT and county ooubts.

Elected for the term of four yeacs, by the qualified electors, 82

Vacancies filled by the judges of the respective courts, ib.

^ Penalty for violating the constitutional oath, • 83

Digitized by


476 INDEX.

CLERKS, OF CIRCUIT and county comcr^'-^Conttnued.

Clerks' bond, and penalty for acting without bond, . 82-83

Office of clerk to be vacated, if bond be not given on or before

the first day of the term succeeding his electioo, • • 83

When elerk has failed to give bond with sufficient security, the
jndge shall require it to be given in one month, and on clerk's
failure, vacate the office, • . • • »6.

Clerks shall give additional security, within one month after

required to do so by the jndge, or forfeit their offices, »6.

Causes and manner of removing clerks, . • • 84-5

Office to be vacated if absent from the county four months, 100

Shall keep their offices within one mile of the court-house, »6.

Penalty for making false and fraudulent entry or erasure, 84

Records shall not be removed from the county except in sases
of actual insurrection or invasion, and penalty on clerks for
permitUng removal, • • • • . ib.

Shall deliver records to successor, . . ^ . • ib.

Clerks to be allowed by the county, for books and stationary

purchased for their offices, . .* . • 85

Allowances to clerks for services, by the county court, . 99

Clerks' offices to be examined biennially, ... 85

Clerks shall make up complete records, in well-bound books,

within three months after final judgment, • • 83

Liable to motion for failing to pay over money^ • 174, 272

And for failing to enter return of execution, in execution dobket*

within three days after made, . . • 83-4

Liable to an action for taking insufficient security, on granting a

writ of error* . . • • • 255

Clerks of circuit courts shall have charge of the records of the

past superior courts, and may give transcripts thereof, 244, 245

For other duties of clerks, see *♦ Causes," *• Dockets," •• Execu-
tions," "Fines," "Records," &c.

OF COUNTV courts.

To record deeds, and give certificates and transcripts thereof, 92

Duties as register of the orphans' court, 245-6,249

To lay before the general assembly annually, an abstract of the

statements of clerks of the school commissioners, • 376

May grant certificates to retailers, in vacation, . * 406

May grant licenses to hawkers, and pedlers, . . 409

Sh^l render to tax-collector a yearly statement on oath, of li-
censes granted, ..... 419
Shall furnish circuit court, first day of each term, with list of

licensed tavern-keepers and retailers, for last year, . 406-7

Duty with regard to taxes on nonresident importers of goods, 420
To be keepers of standard weights and measures, • 447


His appointment, bond, ^., . . . • 85

Shall keep his office at the seat of government, . . 86

Shall keep his office open the whole of each day, except Sun*

day, ••..... tft.

Shall make up, and enter in well-bound books, complete re-
cords, withm three monUis after final judgment, • 83
For other duties of clerk of the supreme court, see " Enron and

COLLAT?ERAL SECURITY— See " Securities."
COLLECTOR OP TAXES— See " Assessor and Collector-"

Digitized by


INDEX. 477


How issued and attested, .... 87

COMMISSIONS, ON coLLBcnoN op money.

What allowed to sheriffs for making money on execution, 188

Commissions not to be computed on costs, but only on princi-
pal, damages, and interest, . . . . 191

To clerks, for collection by petition and summons, . . 276

To assessors and collectors of taxes, . . . 418-419


Four to be elected in each county, every third year, by the

qudified electors, ^ .... 86

Their powers in relation to roads, county officers, county

funds, &c. • . • • . , ib.

Their courts to be held on the first Monday in February and
May, the third Monday in August, and first Monday in De-
cember, ...... t6.

Not eligible to the office of assessor and collector of taxes, nor

allowed to discharge its duties in any manner, . • 87

To be commissioned by the judge of the county court, and take
oath, . . . . . ' . • i6.

Vacancies in the board filled by the judge of the county court
and remaining commissioners, . . . - . Vi^

Exempt from serving on juries, working on roads, and perform-
ing militia duty, • . . . . i6.

Shall not be appointed overseers of roads, or apportioners of
hands, *..... 858


To be appointed by the governor, . . . 127


Two to be appointed in each county; their duty and bond, 98-9


"Schools, and School Lands."

versity Lands."

Prisoner not to be discharged before trial for irregularity or infor-
mality in the warrant of commitment, . . • 120

Offisnces to be punished as at common law, for which no punish-
ment has been prescribed by statute, . . . 107
COMPENSATION— See •• Fees," and the several public officers.

How punished, ...... 107


Elected annually by the general assembly, . . xxxvii.

His oath and bond, ...... 196

Office to be kept at the seat of government, . • ib.

To have a seal of office, ..... i6.

His duty in relation to the Bank of the State of Alabama, . 60-1

Shall not be a bank director, nor hold any #ffice in or under
any bank, ....... 61

Shall perform the duties heretofore appertaining to the auditor
of public accounts, . . . . . 196

His duties in relation to the finances of the state, . 194 to 199

How to proceed against defaulting auctioneers, . . 422

How to proceed against defaulting tax-collectors, . 197, 417

Digitized by


478 INDBX.


Shall cause the revenue law to be printed and dwtiibated uma-

, ally, . . • • , • •. 196

Duties under the revenue laws — See " Taxes."

Of the crimes of murder, rape, arson, robbery, burglary &r lar^
ceny, how punished, . . • • • 105

Of felons or thieves, generally, how punished, • . 103

Of horse or mule steder, how punished, . • • 108-4

Receiving stolen goods, knowing them to be stolen, how pti«

nished, •..••• 103

Concealers of stolen goods, how punished,* • • . 115


Power of attorney not to be given for confessing judgment be-
fore suit brought, • • • • • 44

Confession of judgment shall amount to a release of errors, » 206

Securities resUrained from coniessin^ judgment, if principal will
make himself a party, and tender sufficient ci^teral security, 385

Of writing under seal may be impeached by special plea, • 283

Of contract in suits against Inmans, shall be proved by tw<»

creditable witnesses, . • . • • 225


Of slaves to rebel, make insurrection, or commit murder, pto-
nished with death, . • . • . 114

Free persons abetting slaves in actual or meditated conspiracy,
or counselling, or advising conspiracy, punished with deatfi, 108

Publishing or distributing papers calculated to produce conspi-
racy among slaves, punished with death, • • .110

One to be elected in each captain's beat every three years, on
first Monday in March, . • • • 2M

Shall hold their offices three years, and until their successors
are qualified, ...... !&•

Election to be held by the captain and two freeholderB or house-
holders, . A • • • . • i&.

Persons holding the election, to preserve the votes fifteen da3ra, 145

Elections for constables, how contested, « . • i&.

Superintendents to return election to clerk of oounty court, • 299

Clerk shall certify election to governor for commission, • 16.

Penalty for acting without bond, .... 300

Bond, . • • • • • ^ • »6.

Shall renew their bonds annually, or on failure, judge of oonntv
court shall certify vacancy to captain of the beat, who shall
proceed to hold an election, «... 301

In cases of vacancy, captain shall hold an election, giving ten
days' notice, .*.... 299

Constable elected to fill vacancy, to serve the residue of his pre-
decessor's term, • « . . . 299-300

Justices may fill vaoancies, until elections, . . . 300

Justices may authorize persons to act as constables and serve «

process in cases of emergency, • • • . ib.

Penalty for acting as constable after removal from the beat for

which elected, • • • . . . i6.

Shall execute and return all warrants, &c. from justices of the
peace, and pay over money, . . • • i&.

Digitized by


INDEX. 479

CONSTABLES— Ccm/tntied.

Their duty in coHecting attd accounting for militia fines, . 319

To be paid one dollar and fifty cents per day by the county, for

attending the circuit court, . • • .99, 193

Sherifif shall summon three constables to attend the circuit court,
who shall be liable to a fine not exceeding ten dollars, for not
attending, •••... 243

Proceedings against constables,

For failing to execute and return warrants, pro-
cess, &c. • ... . • 300

For failing to return execution, . . 175

For failing to pay money collected, . 175-6, 300

For making a false return, . . . 176

For failing to make money on an execution, when

practicable, . • • . . t&.

Bonds, how taken by constables — See " Bonds" and " Execu-
tions," and for their duties in levying executions, &c. — See
t( JngtiQPft f%( the Peace "

Amendments to, how proposed, accepted, and ratified, . 30-1

Duty of secretary of state, and of returning officers and mana-
gers of elections, . • . • • .31

Governor to take measures against the spread of contagious dis-
orders, and to provide for those diseased, • . 352

Power of judges and justices of the peace to fine and imprison

for contempts, • . • • . 87, 88

Liability of attorneys for contempt of court, and how proceeded
against, ....... 44

Witnesses refusing to give testimony, may be imprisoned until

they answer, ...••. 451

Either house of the general assembly may punish persons, not
members, by imprisonment, not exceecung forty-eight hours,
for disrespectful or disorderly behavior in its presence, . 215

Causes shall be continued to the next term, in case of the judge's

nonattendance or death, . • • 244, 248, 264

Causes on the docket, not disposed of at the end of the term, to

be continued over of course, . . . 248, 264, 284

Continuances may be granted for cause, in trials of the right of

property, as in other cases, • . .168 (note.)

Executor or administrator, becoming party to a suit, entided to
a continuance for one term, .... '259


What are required to be in writing by the statute of firauds and

perjuries, ...... 206-7

In consideration of not bidding at land sales, Toid, . . 110

Founded on gaming consideration, void, • . . 209

Founded on usurious consideration, void, « • 437

For professional services, to physician not licensed, (except

Thompsonians,) void . • . . 338, 340

For Indian improvements or claims, to be written, executed in
presence of some white person, and for valuable considera-
tion, • • . ... • • 925

Digitized by


4M &n>isx.

CONVEYANCES— See ** Fraudulent Conneyanoea," and « Partition.*'

Conveyances ackaowledged or proved and cerHfiedy to be re-
ceived in evidence, • • • . • 88

To be recorded in the office of the clerk of (he county court, 92, 249

Not to be recorded, unless acknowledged or proved accordiiig
to law, • • • • • ' • • .88

• . How acknowledged or proved, and the certificate thereof, 88 to 92

By ftmt9 covert^ how and before whom acknowledged, 89, 90, 91

/met covert^ under twenty^ne years of age, restrained from
conveying lands or rights of dower, * • • 93

Feme9 covert may relinquish dowery afiet the deed is recorded, Uf.

Conveyances, how acknowledged or proved, when the grantor
or witness resides out of this state, but in the United Slates* 89

How acknowledged or proved, when the grantor or witness re*
sides in a foreign state, • • . • • ift.

How proved when the grantor or witness is dead, or cannot be
obtained, ..•••• ib.

British, French, and Spanish records, how preserved and certi-
fied, •••.•«. 864

Forgery and perjury, in relation to the acknowledgment, cer-
tificate, or endorsement of a deed, how putished, • 93

Deeds to be recorded within six months afler executed, or to be
void against a subsequent bonajide purchaser or mortgagee,
without notice, ••••.. 91

Deeds of assessor and collector, on sale of land for taxes, may

• be proved, but not recorded until the expiration of one year
from their date, > » • • . • 415

Deeds recorded a(\er the legal time, to be valid thenceforth, ^ 208

Deeds to be at all times valid between the contracting parties, 91, 208

Patents by the state, how and under what conditions to issue, 95

To be recorded in the secretary of state's office, • • 95-6

Patents for land may be recorded as other deeds, and a certified
copy be received in evidence, • . • • 208

ClerKs of county courts shall record deeds, and give receipts,
certificates and transcripts, • • • • 92

If the original is lost, destroyed, or cannot be produced, a trans-
cript may be received as evidence, • • 93

Grant effectual without attornment of tenant, • . ib.

Warranties by tenant for life void against those in remainder
and reversion, . • . • . 94

What words in a deed shall amount to an express warrai|ty, ib.

What shall be deemed a conveyance in fee simple, . . ib.

Possession of covenantor construed to accompany deed, without
livery of seisin, • . » . • • ib.

How the covenantee in a bond for tides may proceed to obtain
tides after the covenantor's death, • • .95

CO-OBLIGORS— See "Joint Obligors."

CORAM VOBIS— (Writ of Eiror)— See "Errors and Amend-

His appointment and term of office, . • • 100

Judge of county court may appoint a coroner where necessary
to execute process, • » • • .97

His bond, . • • . • • 100

^ May be required to give additional bond, when acting as sheriff, 96

Shdl execute process where the sheriff is a party, or interested,
and be keeper of the jail when the sheriff is committed, • ik

Digitized by


INDEX. 481

CORONER— 6Vm/mticrf.

Shall hold elections, tttid be returning officer, when the sheriff
does not attend, . . • • . . 138

May perform dl the duties of sheriff, when ehcriff's office is
tacant, . . . • ' • . . 389

His duty in cases of oudden death,. Sic. . 96, 116 and note'.

May be charged officially with the administration of estates, 179

Online Librarystatutes Alabama. LawsA digest of the laws of the state of Alabama; → online text (page 78 of 89)