To authorize the Judge of the County Court of Mobile to take possession of the Spanish Records.
Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That from and after the passage of this act, it shall be the duty of the County Court Judge, for the county of Mobile to take charge of the Spanish records, and keep them under his immediate charge; appointing at the same time, a suit-
able person as translator, and clerk for the office, whose duty it shall be, to examine and translate, when required, the records aforesaid.
Sec. 2. And be it further enacted, That it shall be the duty of the Judge aforesaid, to correct from time to time, any irregularity he may discover in the management and safekeeping of the said records, by removing the said translator, should he act improperly in the discharge of the duties of his office.
Sec. 3. And be it further enacted, That the translator aforesaid, shall be entitled to the same fees and emoluments, as are now allowed to the present translator for examining, translating and performing such duties as belong to his office.
Sec. 4. And be it further enacted, That the Judge aforesaid shall administer the following oath to the person by him appointed, before he suffers him to enter on the duties of his office: "I, A. B. do solemnly swear, (or affirm, as the case may be) that I will honestly and truly translate to the best of my ability when required, the records aforesaid, and that I will in every particular, discharge the duties imposed on me by this act, to the best of my knowledge; so help me God."
Sec. 5. And be it further enacted, That the Judge of the said County Court shall have power, and he is hereby directed, to proceed against any person or persons who may have possession of all, or any of said records, and refuse to deliver them on request to the said Judge, for a contempt and punish him for such contempt as in other cases of contempt of court
To authorize the Judge of the County Court of Mobile County to purchase a Lot of Ground for the purpose of erecting thereon the Public Building of said County.
Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the Judge of the County Court of Mobile county, or his successor in office, be, and he is hereby, authorized to purchase a lot of ground in the city of Mobile, suitable for erecting thereon the public buildings of said county, and to receive a title in fee simple for the same for the use of said county.
Sec. 2. And be it further enacted, That the Judge aforesaid be, and he is hereby, authorized, to draw on the county treasurer of said county, in favour of such person or persons of whom said lot of ground may be purchased, for the amount of the purchase money, at such time as the same may become due, by the conditions of the contract.
To revise, consolidate and amend the several acts relative to the Militia of this State.
Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That all free white men, and indented servants between the ages of eighteen and forty-five years, shall compose the Militia of this State; Judges of the Supreme Chancery, Circuit and County Courts and their respective Clerks, Secretary of State, Treasurer, Comptroller, Attorney-General, Solicitors to the different circuits, licensed Ministers of the Gospel, of every denomination, Public Ferry-men, Justices of the Peace, Post-Masters, Post-Riders and Millers, shall be exempt from Militia duty; except in cases of imminent danger, insurrection or invasion.
Sec. 2. And be it further enacted, That the Militia of this state shall compose Four Divisions; the First of which, shall consist of the counties of Jackson, Madison, Limestone, Lauderdale and Decatur; the Second Division, shall be composed of the counties of Morgan, Blount, St. Clair, Lawrence, Franklin, Marion, Tuscaloosa, Shelby, Jefferson and Pickens; the Third Division, shall be composed of the counties of Greene, Marengo, Perry, Bibb, Autauga, Montgomery, Dallas and Wilcox; the Fourth Division shall be composed of the counties of Monroe, Conecuh, Henry, Butler, Clark, Washington, Baldwin, Mobile, Covington and Pike; each of which Divisions, shall be commanded by a Major-General, and shall form nine Brigades: the first of which shall be composed of the counties of Jackson, Decatur, and Madison; the second, of Limestone and Lauderdale; the third, of Blount, St. Clair and Morgan; the fourth, of Lawrence, Franklin and Marion; the fifth, of Tuscaloosa, Jefferson, Shelby and Pickens; the sixth, of Green, Marengo, Perry and Bibb; the seventh, of Autauga, Montgomery, Dallas and Wilcox; the eighth, of Monroe, Conecuh, Henry, Butler, Covington and Pike; the ninth, of Clarke, Washington, Baldwin and Mobile; each of which shall be commanded by a Brigadier-General: each Brigade shall consist of not less than two, nor more than five regiments; each Regiment to be commanded by a Colonel Commandant, and to be composed of two Battalions; the first of which, shall be commanded by a Lieutenant Colonel; the second by a Major: each Battalion shall consist of not less than two, nor more than six Companies; each Company shall consist of not less than forty privates, and shall be commanded by a Captain, Lieutenant and Ensign, four Sergeants, four Corporals and two Musicians.
Sec. 3. And be it further enacted, That the Regiments
shall be designated and numbered as follow, to wit: the county of Jackson, number one; county of Decatur, number thirty-five; county of Madison, number two, three, and thirty-three; county of Limestone, number four and five; county of Morgan, number six and thirty-nine; the county of Lawrence, number seven and eight; the county of Franklin, number nine and thirty-seven; the county of Lauderdale, number ten and eleven: the county of St. Clair, number twelve: the county of Shelby, number thirteen; Blount, number fourteen; Jefferson, number fifteen; Marion number sixteen; Tuscaloosa, number seventeen and eighteen; Green, number nineteen and thirty-eight; Marengo, number twenty; Bibb, number twenty-one; Dallas, number twenty-two; Autauga, number twenty-three; Montgomery, number twenty-four and forty; Henry, number twenty-five; Monroe, number twenty-six and twenty-seven; Conecuh, number twenty-eight; Butler, number twenty-nine; Clarke, number thirty; Washington, number thirty-one; Perry number thirty-two; Pickens, number thirty-four; and Wilcox, number thirty-six.
Sec. 4. And be it further enacted, That Major Generals shall be elected by all the commissioned officers in the Division; Brigadier Generals, shall be elected by all the commissioned officers in their respective Brigades; Field Officers, shall be elected by all free white males over the age of eighteen years, in their respective Regiments; Captains and Subalterns, by all free white males over the age of eighteen years, in their respective Companies. All Militia Officers may hold their commissions during good behaviour; none shall resign under two years, unless permitted to do so by a Court Martial; the President of which, shall be of equal rank with the officer wishing to resign, under the penalty of being ineligible to any military appointment, for the next succeeding two years; and in case any military officer may become a candidate at any election for a superior office, and not be elected, his place shall not be vacated thereby.
Sec. 5. And be it further enacted, That from and after the passage of this act, when any election shall be holden, for a Major-General, or a Brigadier-General, it shall be the duty of the Executive to appoint the time of holding the same; giving not less than sixty days, nor more than eighty days notice for the election of Major-General; and not less than forty, nor more than sixty days notice, for the election of Brigadier General.
Sec. 6. And be it further enacted, That the Governor upon issuing a Writ of Election for Major General or Brigadier-General to the Sheriff residing in said Division, or Brigade, shall, determine on one of the said Sheriffs to
whom the other Sheriffs of the said Division, or Brigade, shall immediately upon the close of the polls, make their returns, and the Sheriff receiving the said returns, shall, within four days, transmit to the Secretary of State, a correct poll of said election.
Sec. 7. And be it further enacted, That the Officers of the Regiment, in the Division or Brigade, in elections for Major-Generals or Brigadier-Generals, shall vote at their respective Court Houses, or places of holding Courts, in each county.
Sec. 8. And be it further enacted, That in elections for Major-Generals or Brigadier Generals, if any candidate be dissatisfied, he may notify the Governor, and the contending candidate, that he intends to contest the election; and shall file his reasons therefor, in the office of the Secretary of State, within twenty days after said election: whereupon, the Governor shall forthwith issue his order to the Adjutant General, directing a General Court Martial to be holden, to consist of not less than seven, nor more than thirteen officers, who shall have power to decide, which of the contending candidates is duly elected, or toe declare said election void: Provided, That an officer of equal grade, with the office for which, the candidates may contest the election, shall be detailed as President thereof; and in the even of his failing to attend at the time and place specified in the order, the officer attending highest in rank, shall preside.
Sec. 9. And be it further enacted, That the Adjutant and Quarter Master General, shall be elected by joint vote of both houses of the General Assembly, and shall hold their offices for the term of four years: Provided, that the Governor shall have power to fill any vacancy, that may occur in the recess of the General Assembly, by appointments to expire at the end of the next General Assembly.
Sec. 10. And be it further enacted, That the Major Generals shall have power to appoint an Adjutant General, with the rank of Colonel to their respective divisions; whose duty it shall be to receive returns of the strength and condition of the Militia, from the Assistant Adjutant Generals; consolidate the same, and make out three fair copies thereof, lay them before the Major General for his inspection and transmit annually on or before the third Monday in November, one copy thereof to the Adjutant General of the State, and retain the other copy in his own office; it shall also be his duty to make all details (in pursuance of orders from the Major General) on the different Brigades of their respective Divisions, and keep a fair register of all the General Orders and official acts of the Major General, and lay the same when required, before any tribunal, be-
fore which a Major General may be tried on any charges exhibited against him: the Major General shall also have power to appoint an Inspector General, with the rank of Colonel, and a Quarter Master General and two Aids-de camp, with the rank of Major; whose several duties shall be such as are prescribed for officers of the like rank and grade in the Army of the United States.
Sec. 11. And be it further enacted, That Brigadier Generals shall appoint their Brigade Staff, which shall consist of an Assistant Adjutant General, with the rank of Major; an Inspector General, with the rank of Major; an Aid de-camp, with rank of Captain, and a Brigade Quarter Master, with the rank of Captain: it shall be the duty of the Assistant Adjutant General to attend Regimental Drills, when ordered by the Brigadier General, and Drill the officers in conformity with the rules and regulations of the Infantry of the United States, to receive from the Adjutants of Regiments, returns of their strength and condition, consolidate the same, and make three fair copies, which shall be submitted to the Brigadier General for his examination; one of which copies he shall annually transmit to the Adjutant General of the Division, to which his Brigade may belong, retaining the others in his office; it shall also be his duty to make all details, ( in pursuance of orders from the Brigadier General) on the respective Regiments of his Brigade, and keep a fair register of all General Orders, and Official Acts, of the Brigadier General, and lay the same before any tribunal, before which the Brigadier General may be tried on any charges alleged, when required to do so; it shall be the duty of the Assistant Inspector Generals and Aids de-camp to perform such duties as are performed by officers of the like grade and rank in the Army of the United States; Brigade Quarter Masters shall take charge of all public stores committed to their care; and perform all other duties required of Assistant Quarter Masters General in the service of the United States.
Sec. 12. And be it further enacted, That the Assistant Adjutant Generals of Brigade, shall receive the sum of five dollars for each day they may be engaged in the discharge of their respective duties, to be paid out of any money in the Treasury, not otherwise appropriated, on the certificate of the commanding officer.
Sec. 13. And be it further enacted, That Major Generals may review any Corps of their Division when they may think proper; Provided, they shall not convene by special order, any troops for that purpose; Brigadier Generals may review the different Regiments of their Brigade, once in each and every year; Major Generals, or officers commanding Divisions, shall receive and execute all orders
from the Governor; Brigadier Generals, or officers commanding Brigades shall receive and execute all orders from the Major General, or officers commanding Divisions; Colonels or officers commanding Regiments shall receive and execute all orders from Brigadier Generals, or officers commanding Brigades: and officers commanding Battalions and Companies, shall receive and execute all orders from commanding officers of Regiments.
Sec. 14. And be it further enacted, That it shall be the duty of the Brigadier General to cause the commissioned and non-commissioned officers of each Regiment to meet at their usual master ground, and have them Drilled by the Assistant Adjutant General two days previous to the Regimental Muster, giving at least thirty days notice thereof; and each Battalion, shall hold one muster annually, at such time and place, near the center of the bounds of the Battalion as may be directed by the commanding officer of the Battalion twenty days notice of such muster; and the commissioned and non-commissioned officers of the said Battalion shall attend and be Drilled the day preceding the said Battalion Muster, by the commanding officer of said Battalion; and any officer or non-commissioned officer failing, or refusing to attend the aforesaid Drills may be arrested and cashiered in addition to the fines contained in the twenty-ninth section of this act; Provided, that all reasonable excuses shall be taken.
Sec. 15. And be it further enacted, That no sentence of a Court Martial affecting the life of an officer, shall be executed until approved by the Governor and four-fifths of both houses of the General Assembly.
Sec. 16. And be it further enacted, That it shall be the duty of a Major-General to arrest a Brigadier-General, for neglect of any duties enumerated in this act, and order a Court Martial for his trial; and Brigadier Generals shall have power to arrest any officer in his Brigade, for neglect of duty.
Sec. 17. And be it further enacted, That any officer of the Militia of this state, who shall be found guilty of conduct unbecoming an officer and a gentleman, shall be cashiered.
Sec. 18. And be it further enacted, That whenever any of the Court Martial (Regimental Courts Martial excepted) provided for in this act, shall have been detailed and convened, the senior or superior officer shall be the president, and the court shall choose a Judge Advocate, who shall be sworn by the president to a faithful and impartial performance of his duty, and shall keep the proceedings of the court secret until divulged by the officer ordering the same: the Judge Advocate shall then administer a similar oath to the president and members of the court.
Sec. 19. And be it further enacted, That the Governor shall have power to appoint four suitable persons as Aids-de Camp, who shall have the rank of Lieutenant Colonel, and serve the Governor in the same manner as the Aids of General officers do.
Sec. 20. And be it further enacted, That the Adjutant General shall be Adjutant and Inspector General, with the rank of Colonel; he shall receive from the Adjutant Generals of Division all returns of the strength and condition of the Militia of this state and make out four fair copies thereof, annually, lay one copy of the same before each branch of the General Assembly, and retain one copy in his own office, for the information of the Governor; he shall transmit all orders from the Governor, and in pursuance of his orders make details in the several Divisions of this state; he shall annually transmit to the Secretary of the War Department of the United States, a return of the strength and condition of the Militia of this state; he shall obey and execute all orders of the Governor, and receive as compensation therefor the sum of one hundred dollars per annum.
Sec. 21. And be it further enacted, That the Quarter-Master General shall be charged with the care of all public stores, of arms, ammunition, tents, camp equipage, &c. and when any part of the Militia of this state shall be called into actual service, he shall on the requisition of the Governor, furnish such articles of arms, ammunition and camp equipage as may be in his possession or power to procure; he shall perform all such duties (when in the field) as are performed by Quarter-Masters General in the army of the United States, and shall have the rank of Colonel; he shall keep a register of all arms, accoutrements and Military stores belonging to the state; he shall also take care that the public arms and stores, as may be returned by any part of the Militia of this state who have been in actual service; he shall at all times give to the Governor, when required, an account of the quantity, state and condition of all arms, camp equipage and public stores that may belong to the state; he shall give security in the sum of two thousand dollars, for the faithful performance of his duty, and receive for his services annually, one hundred dollars: Provided, that he shall receive no salary except he keep the public arms in good order, which are deposited in the State Arsenal.
Sec. 22. And be it further enacted, That the commander in chief, for the time being, may at his discretion, aid and assist the citizens of any portion of the state, in erecting temporary works, and means of protection; and build such redoubts and establish such Military posts, as he shall deem necessary and best calculated to promote the common defence.
Sec. 23. And be it further enacted, That the commander in chief, for the time being, shall have authority to remove to some temporary place of safety, and deposite such portion of the arms, ammunition, and military stores, at any time deposited in the arsenal of the state, as circumstances may appear to require, and when necessary in his opinion, to provide and furnish sufficient guards to protect public Arsenals, until it be found expedient to call our into public service, detachments of Militia on whom this duty shall in part devolve; and it shall also be his duty from time to time, to examine, or cause to be examined, by some proper officer, the situation of the several Arsenals throughout the state, to require security from the Arsenal keepers, and to remove them for negligence or other improper conduct, or for incapacity for performing the duties devolving on them as such, and to appoint in case of removal, other persons to supply the vacancy thereby occasioned: and the Quarter Master General is hereby authorized and required to furnish to each of the Volunteer Companies of Infantry, Cavalry and Artillery, within this state, on application of the commanding officer of any of said companies any quantity and such description of arms from the public Arsenals as may be necessary for the arming of said corps: Provided, that the said commanding officer, enter into and give bond with good and sufficient security, payable to the Governor and his successors in office, in double the amount of the value of the said arms so furnished, whenever demanded by the proper authority, in the same good condition and without damage, further than the wear of time, as when received; which bond shall be transmitted to, and deposited in the Secretary of States office.
Sec. 24. And be it further enacted, That it shall be the duty of Adjutants of Regiments to attend all Regimental and Battalion musters, and assist in preparing for review of evolutions; he shall keep a register of the officers of the Regiment, with their grades, and the strength and condition of each Company; he shall obey all orders from the Field Officers of his Regiment, serve all notices or process directed to him, on the Officers of his Regiment; he shall make within ten days after each Regimental muster, a complete return of the strength and condition of his Regiment, and transmit the same to the Assistant Adjutant General of his Brigade; he shall keep a record of all Regimental and Battalion orders, and the proceedings of Regimental and Battalion Courts Martial; he shall keep a register of every officer and private drafted or detailed for the service of the state, or the United States; muster, inspect and march to the place of rendezvous every detachment of de-
tailed Militia and forward a complete return of them to the Assistant Adjutant General; he shall distribute to the Captains or commanding officers of his Regiment such forms of returns, as the Assistant Adjutant General may furnish him with; and each Adjutant shall receive such compensation as the Regimental Court Martial shall think proper for his services to be paid by the Paymaster out of the fines collected, on order from the President of such Court.
Sec. 25. And be it further enacted, That it shall be the duty of the Quarter Master to attend all Regimental and Battalion musters, and under the direction of the commanding officer choose a place or parade, and with a guard prevent disturbances from spectators; he shall, on order from the commanding officer of the Regiment, purchase instruments of music, colors, &c. and draw on the Paymaster for the same.
Sec. 26. And be it further enacted, That it shall be the duty of the Pay Master, to attend regimental and battalion musters, and aid in the execution of the orders of the Commanding Officer; he shall receive all monies collected for fines by the sheriff or constable, and receipt for the same; he shall account to the Regimental Court Martial at every annual session, for the amount of fines received, and how expended; he shall, on order from the President of the Regimental Court Martial, pay the Quarter Master and Adjutant for expenses and services: The Regimental Pay Master shall retain six per centum out of the monies received as compensation.
Sec. 27. And be it further enacted, That the Adjutant Quarter Master, and Pay Master shall rank as lieutenants; and the Regimental Staff, in addition to them, shall consist of a Regimental Surgeon, two Surgeons Mates, a Serjeant Major, a Quarter Master Serjeant, a Drum Major, and Fife Major.
Sec. 28. And be it further enacted, That the Commanding Officers of Companies shall hold four company musters, annually; and shall give at least five days notice through the orderly serjeant of the Company, of any Company, Battalion or Regimental Muster, or a notice given at one muster of the next Company, Battalion or Regimental Muster, shall be deemed sufficient notice of the same; he shall note down all delinquents at company musters, and make a return on honor thereof to the Company Court Martial; and, in like manner, make return of delinquents at Battalion, or Regimental Musters, to Battalion or Regimental Courts Martial; he shall cause the Company to be drilled in conformity to the instructions governing the infantry of the United States.
Sec. 29. And be it further enacted, That the following fines shall be assessed on officers and privates failing to perform any of the duties required by this act: On a Major or Brigadier General, not less than twenty, nor more than five hundred dollars; on a Colonel, not less than fifteen, nor more than three hundred dollars; on a Lieutenant Colonel, or Major, not less than ten, nor more than two hundred dollars; on a Captain, not less than eight, nor more than one hundred and fifty dollars; on a Lieutenant or Ensign, not less than six, nor more than one hundred dollars; on any of the Regimental Staff, not less than six nor more than one hundred dollars; on non-commissioned officers, not less than two, nor more than fifty dollars; on privates, not less than one, nor more than ten dollars.
Sec. 30. And be it further enacted, That any officer commanding a company, shall have power to appoint the noncommissioned officers of his company; and any noncommissioned officer so appointed and refusing to act, shall be fined five dollars.
Sec. 31. And be it further enacted, That the Colonel or officer commanding a Regiment, shall have power to appoint his Regimental Staff, which shall consist of one Adjutant, one Quarter Master, and a Pay Master, who shall perform such duties as are performed by Pay Masters in the army of the United State, and who shall give bond with security for the faithful performance of his duty, in the sum of five hundred dollars to the Governor; and it shall be the duty of the Colonel or officer taking such bond, to transmit the same to the Secretary of States office: the Colonel or officer commanding a Regiment, shall also have power to appoint one Surgeon and two Mates: The Adjutant, Quarter Master, and Pay Master, shall be commissioned by the Governor.
Sec. 32. And be it further enacted, That any non-commissioned officer or private of the militia, who shall refuse to turn out on the order of his proper officer, in case of insurrection, invasion, or alarm, shall be fined in any sum not less than one hundred, nor more than five hundred dollars.
Sec. 33. And be it further enacted, That any non-commissioned officer or private, who shall refuse when drafted and ordered to repair to the place of rendezvous, shall suffer death, or such other punishment as a Court Martial may inflict.
Sec. 34. And be it further enacted, That all fines incurred by authority of this act, shall be returned by the President of the Court Martial before whom such fines may be assessed, to the constable of the company in
whose limits the offender may reside, or to the sheriff of the county, for collection; and also a certified copy of the same to the Pay Master of the Regiment: The certificate of the President shall be a sufficient warrant to the constable or sheriff, for collection of the same, and the constable or sheriff shall be further required to collect and pay over to the Regimental Pay Master all such fines within forty days after receiving the authority for collection, and take a receipt from the Pay Master for the same; if no property be found, the defaulter may be seized and committed to jail, until the fine be paid: Provided, however, that all reasonable excuses shall be heard by the court, when the party accused shall appear to give the same; And provided also, if the said defaulter shall swear before any justice of the peace, that he is not worth the amount of the fine, he shall be released, and the sheriff or constable shall be allowed such fees as the law allows in other claims of the same amount; and should the said constable or sheriff fail to pay over or account to the Pay Master within the time required by this act, for the amount of fines assessed and returned to him as aforesaid, the Pay Master shall, and he is hereby, authorized and required to commence a suit against the said constable or sheriff for the amount of the fines not accounted for, before any court having jurisdiction thereof: and should the said Pay Master fail in the prosecution of any suit as aforesaid against the constable or sheriff, he is authorized to pay the costs out of any monies he may have in possession on account of fines.
Sec. 35. And be it further enacted, That the Commanding Officers of Regiments and Battalions, shall, after their respective Regimental or Battalion Musters, detail a Regimental or Battalion Court Martial, as the case may be, to convene within twenty days thereafter, for the trial of such persons as may be brought before it, giving at least five days notice to each defaulter: it shall be the duty of the officer ordering the Court to appoint the Adjutant, or such person as he may think proper, who shall act as Judge Advocate to said Court: no officer shall be a member of the Court Martial, while he is a defaulter.
Sec. 36. And be it further enacted, That no officer of private shall be arrested by any civil process while going to, continuing at, or returning from any muster or court martial, or other military meeting; and any arrest, process or execution on the person, at such times, is hereby declared void. All persons liable to do militia duty, going to or returning from any muster or court martial, shall pass all ferries, bridges, and turnpikes, free of expense.
Sec. 37. And be it further enacted, That any officer may put into confinement for the day, any by-stander that may interrupt the muster, drill, or court martial: and any person enrolled appearing at any muster, or drill, shall be ordered into ranks; and, if he refuses, shall be put into confinement for the day, and fined as a defaulter; and no person shall be exempted from military duty, unless in the opinion of a Regimental Court Martial, he shall be wholly unfit for service; and if the Court have doubts, they may require the opinion of the Regimental Surgeon; as soon, however, as such inability may be removed, he shall again be ordered to duty.
Sec. 38. And be it further enacted, That all militia called into actual service, shall be paid, provisioned and governed as the United States troops are, and be subject to the rules and articles, for the government of the armies of the United States, whether such militia be accepted in the service of the United States or this state.
Sec. 39. And be it further enacted, That in case of a second draft before the tour of duty expires for which a substitute has been hired, the substitute shall stand his draft; and, if drafted, be liable to join the second detachment as soon as his former tour may expire; and in case of drafts the requisitions shall call for officers, non-commissioned officers and privates: Provided always, that any person furnishing a substitute shall be exempted from serving himself, but shall, notwithstanding, be compelled to attend Company, Battalion, and Regimental musters, and perform patrol duty; and in the even of a second draft, should a substitute be drafted, before the former tour is performed, the person furnishing said substitute, shall perform his tour of duty, until the former has been performed, and the said substitute join the second detachment.
Sec. 40. And be it further enacted, That all persons liable to do military duty, moving into the bounds of a company, shall, within thirty days, or at the next muster after his arrival in said bounds, report himself to the commanding officer of said company, who shall immediately enroll him. Every person between the age of eighteen and forty-five years shall be compelled to do militia duty by the commanding officers of the company in whose bounds he may reside, until such person shall produce a certificate from the captain of some volunteer company that he is legally enrolled in such corps, and is equipped as the corps require.
Sec. 41. And be it further enacted, That there may be one company of volunteer light infantry or riflemen in each Regiment, to consist of not less than forty, nor more
than eighty privates; to be officered in the same manner as other companies of the Regiment are; the non-commissioned officers and privates of the said companies, shall be liable to do patrol duty within the limits of the militia companies, in which the may reside; they may choose their own uniform, and no volunteer company shall be raised for a shorter period than two years: Provided, that no military company shall be reduced to a less number of privates than forty, by raising such volunteer company.
Sec. 42. And be it further enacted, That there may be one troop of Cavalry and one company of Artillery in each Regiment, organized in the same manner, and liable to perform the same duties as other volunteer companies.
Sec. 43. And be it further enacted, That when any vacancy occurs in a Regiment, it shall be filled in the following manner: When in the office of Colonel, the Brigadier General shall issue a writ of election to the sheriff, giving thirty days notice of, and appointing the time of holding such election; the Colonel Commandant shall in like manner provide for the election of Lieutenant Colonels and Majors; and the said sheriff shall advertise the said elections in at least six of the most public places, and open a poll at the several election precincts, within the limits of the Regiment, in which said election shall take place; and shall make his return thereof in the same manner as is made in elections of general officers; Lieutenant Colonels and Majors; shall order election for company officers with in their respective Battalions, and shall appoint the place of holding said elections, within the company district where such vacancy may be, giving at least fifteen days notice thereof, and appoint a superintendent of the same, who shall make a return of the poll of said election to the Commanding Officer of the Regiment, a statement of which shall be by him transmitted to the executive office.
Sec. 44. And be it further enacted, That when any officer is elected in the mode pointed out by this act, the opposing candidate after such election has been held, if he thinks himself aggrieved, and shall think proper to contest the election, he shall notify the officer ordering the same, in writing, within ten days after said election; and the officer ordering said election shall order a regimental or battalion court martial, as the case may be, which shall decide the contest: the President of the court shall transmit the decision of the court to the Secretary of State; but if the election shall be set aside by the decision of the said court, the President thereof shall transmit the said decision to the officer ordering the said election, who shall forthwith order a new election.
Sec. 45. And be it further enacted, That all arms and accoutrements of the militia of this state, shall be exempted from distress, either by attachment, execution, or other lethal process.
Sec. 46. And be it further enacted, That company Courts Martial shall be holden within ten days after the regular muster day of each company, at the usual muster ground, for the trial of delinquents; the company Court Martial shall consist of two or more commissioned officers; and the commanding officer shall detail said court, and give notice at each muster, of the time and place of holding such court, which shall be deemed a legal notice to delinquents: an appeal from the decision of said courts may lie to the Battalion Court Martial; the delinquent shall notify the court during their session of his intention to appeal from their decision to the said Battalion Court Martial, and the officers holding the said company Court Martial, shall furnish the said Battalion Court Martial with the proceedings in the case; and if the decision shall be confirmed against the delinquent, he shall be fined in double the amount of the judgment of the company Court Martial.
Sec. 47. And be it further enacted, That Regiments and Battalions may be charged by a General Court Martial, or Regimental Court Martial, as the case may be, for the internal regulation of either
Sec. 48. And be it further enacted, That should any person who has been fined according to the provisions of this act, remove out of the county in which said fine was assessed, the amount of the said fine shall be forwarded to the sheriff of the county into which the delinquent has removed, by the constable of the company or sheriff of the county from which the delinquent had removed; and the sheriff to whom such return is made shall proceed forthwith to make the money within thirty days, and cause the same to be paid over to the Paymaster of the Regiment from which said delinquent removed, after retaining such commissions as are granted for the collection of such sums in other cases.
Sec. 49. And be it further enacted, That the Uniform of the officers of the Militia of this state, shall be the same as the Uniform of officers of the same grade of the army of the United States; and it shall be the duty of the Adjutant General to furnish without delay, to the Assistant Adjutant General of each Brigade, a statement regulating the uniform of the Militia of this state, agreeably to this act, identifying the different articles of the same: Provided, that no platoon officer shall be required to change the uniform which he now has, nor shall any platoon officer be subject to fine for not being in uniform, or Field or General officer for
wearing lace, or not for wearing chapeau-de-bras; and that all officers may wear red or black sword belts as well as white.
Sec. 50. And be it further enacted, That all fines assessed by any Company Court Martial, and paid over to the Paymaster of the regiment, shall be applied exclusively to the purchase of music, colours, hiring musicians, &c. for the use of the said company: Provided however, that all fines assessed and collected by any company court martial from defaulters at battalion and regimental musters, shall be paid as heretofore to the Paymaster, for the use of the regiment.
Sec. 51. And be it further enacted, That Courts Marital shall hereafter have the same power to compel the attendance of witnesses, as are vested in the Courts of Law and Equity in this state.
Sec. 52. And be it further enacted, That no allowance shall be given to officers, for services rendered as members of any Court Martial whatever.
Sec. 53. And be it further enacted, That in all cases where returns have been or shall hereafter be made to the Secretary of State, the Governor shall commission accordingly; and in all returns upon which commissions are to be issued, if to fill vacancies, the name of the person and cause of such vacancy, shall be stated in said return; if an original appointment, the return shall so express it.
Sec. 54. And be it further enacted, That if any officer whatever shall absent himself from his command at any one time for a longer period than twelve months, unless furloughed by the commanding officer of the regiment, brigade, division or of the State, as the case may be, his office shall be considered vacated, and shall be filled as provided for by law in other cases of vacancies.
Sec. 55. And be it further enacted, That the Judge Advocates hereafter appointed to General Courts Martial shall be allowed the sum of five dollars per day, for each day they may be actually engaged in completing the records of the same; and the Presidents certificate shall be deemed a sufficient voucher to the treasurer of the state, for the payment of the same.
Sec. 56. And be it further enacted, That the Assistant Adjutant Generals shall be allowed the sum of three dollars for every thirty miles travelling to and from their residence in attending the several regimental musters, as now provided for by law; and five dollars for each days attendance at drill musters and reviews, to be paid out of any money in the treasury not otherwise appropriated, upon the certificate of the Brigadier General: Provided, they shall receive no pay, unless they make return of the strength of their brigades to the Adjutant General, so as to enable him to make
a return to the war department, of the strength of this state.
Sec. 57. And be it further enacted, That the allowance made to Brigade Majors for travelling expenses by an act passed at the last session of the General Assembly, shall be paid out of any money in the treasury not otherwise appropriated, on the certificate of the Brigadier General.
Sec. 58. And be it further enacted, That the boundary line between the counties of Jackson and Decatur, as the same is or hereafter may be established, shall be the line between the first and thirty-fifth regiments.
Sec. 59. And be it further enacted, That the line dividing the line dividing the third and fourth ranges west, in Morgan county, shall be the dividing line between the sixth and thirty-ninth regiments; the western regiment to be the thirty ninth; and it shall be the duty of the Brigadier General to issue a writ of election for a Colonel of said regiment, who so soon as he is elected and qualified shall proceed to organize his regiment.
Sec. 60. And be it further enacted, That the Secretary of State cause this act and the patrol laws of this state to be printed together in a pamphlet, separate from the other acts of the General Assembly; and that he is hereby authorized to cause the same to be distributed to the several commissioned officers of this state: Provided, that nothing in this act shall be so construed as to authorize a Court Martial to levy a fine on any person who attends muster without a gun, if such person will make oath that he has no gun and that he is unable to purchase a gun without injury to himself or family.
Sec. 61. And be it further enacted, That the militia of Jackson and Decatur counties, which now compose the first and thirty-fifth regiments, be, and they are hereby, formed into a separate brigade, to be called the tenth brigade; which is attached to the first division of the Militia of this state: and it shall be the duty of the Major General of said Division, and he is hereby required, on or before the first day of April next to issue orders for an election of a Brigadier General to command said brigade, as is prescribed by the provisions of this act.
Sec. 62. And be it further enacted, That the boundary lines of no captains beat shall hereafter be altered, but with the consent of a Regimental Court Martial.
Sec. 63. And be it further enacted, That a majority of the officers of each brigade shall constitute a Brigade Court Martial, when convened for that purpose by the Brigadier Generals of each brigade.
Sec. 64. And be it further enacted, That Regimental and Battalion Courts Martial, shall require a majority of the commissioned officers of the regiment or battalion, to constitute a Court.
To provide for the printing of the Laws and Journals, and other purposes.
Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That there shall be a State Printer elected annually, by a joint vote of both Houses of the General Assembly, who shall receive a salary of eighteen hundred dollars for his services; and before he enters on the duties of his office, shall give bond with security to the Governor, for the time being, or his successors in office, in the sum of four thousand dollars, for the faithful performance of his duty.
Sec. 2. And be it further enacted, That it shall be the duty of the Printer so appointed, to print and publish the number of copies of the acts and resolutions of each session of the General Assembly, and as many copies of the Journals of each House as may be directed by resolution of the General Assembly.
Sec. 3. And be it further enacted, That the acts and resolutions of the General Assembly, shall be printed with type of the denomination of small pica, the marginal notes thereof affixed with brevier, and the captions thereof in italic of the same metal of small pica, and the journals of each house with small pica, and published as hereinafter directed.
Sec. 4. And be it further enacted, That the Secretary of State shall, within ten days after the rising of the General Assembly, deliver to the Printer so elected, a fair copy of the acts and resolutions thereof, affixing thereunto proper marginal notes, stating the purport of each section; also, within twenty-five days thereafter, deliver to the Printer a fair copy of the journals of each house of the General Assembly, and also direct the Printer in what manner and how the acts of the General Assembly and the journals of each house are to be distributed.
Sec. 5. And be it further enacted That within seventy-five days after the end of each and every session of the General Assembly, the Printer shall deliver to the Clerk of the County or Circuit Court of each and every county in this state, the number of copies of the acts and resolutions as directed by the Secretary of State, substantially stitched together in one pamphlet: also the number to be directed to be delivered to the Secretary of State, with such number of copies covered with boards, as may be necessary for an interchange of laws with our sister states as is hereinafter provided for: and the Printer shall within thirty-five days after the time given for the completion of the acts aforesaid, in like manner deliver the number of copies of the journals of each house as directed, collected
and stitched together, the journals of each house in one pamphlet.
Sec. 6. And be it further enacted, That it shall be the duty of the Secretary of State, to retain, for the use of the Executive Officers and the two branches of the General Assembly, fifty copies of the acts and resolutions of each session, and shall cause to be transmitted to the Secretary of State of the United States, four copies; and to the Executive Officers of the several states, each, with a request that they send to the Executive of this state, in exchange, as many copies of their laws or session acts; and shall direct a distribution to be made in the following manner, that is to say: To the Comptroller of Public Accounts, one copy; to the Treasurer of the State, one copy; one to each of the Judges of the Supreme Court; one to the Attorney General; one to the Quarter Master General; one to each Solicitor; and to the Clerks of the several courts of the several counties in the state, in proportion to the population of each county, agreeably to the enumeration last before made; and the clerks of the several counties, shall, upon the receipt of said pamphlets, distribute the same in the manner following, to wit: To each Member of the General Assembly from the county, one copy; and to each and every civil officer, one copy; and the Secretary of State shall also retain fifty copies of the Journals of each house for the use of the Executive and General Assembly, and shall direct the residue to be distributed to the several officers of the state herein before mentioned, one copy each; one thereof to the Secretary of the Senate; one to the Clerk of the House of Representatives; and to the Clerks of the several Circuit Courts of the several counties, in proportion to the population of each; and the clerks of the counties respectively shall distribute the same as follows: to each member of the General Assembly from the county, one copy; and to each justice of the peace, one copy.
Sec. 7. And be it further enacted, That the Public Printer shall receive his salary in the following manner, to wit: One half on the delivery to the Secretary of State, of the receipts of the clerks of the several County or Circuit Courts in this state, showing that the number of copies of acts and resolutions directed by law, was received by them respectively within the time limited by this act for the delivery of them and the number required by law to be deposited in the Executive Office: and the remainder on the delivery of the receipts of said clerks for the Journals of the two houses showing that the number of copies of the Journals of each house directed by law, was
received by them respectively, within the time limited by this act for the delivery of them, and his having deposited the number of said Journals required to be deposited in the Executive Office: Provided, that the receipt of the Judge of the County Court of any county in which there may be no clerk of the courts aforesaid, or of the sheriff thereof, if there by no such Judge, shall be as sufficient as the receipts of said clerks.
Sec. 8. And be it further enacted, That the Secretary of State is hereby authorized, to contract for the printing of such blanks as may be wanting in his office; and the Governor is authorized and required, to draw on the contingent fund for such sum as may be necessary to pay for the same.
Sec. 9. And be it further enacted, That all acts, and parts of acts, contrary to this act, are hereby repealed This act shall be in force from and after the passage thereof.
Appointing an agent to receive the three per cent fund.
Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the Treasurer of this state be, and is hereby, appointed an agent on the part of the state of Alabama, to receive of the Treasurer of the United States, or from such person or persons as may be appointed for that purpose, the whole or any part of the three per cent. of the nett proceeds of sales of lands made in this state since the first day of September eighteen hundred and nineteen.
Sec. 2. And be it further enacted, That the Treasurer of this state is hereby authorized and required, to give a receipt or receipts as Treasurer, for so much of said fund as may be by him received; and the receipt or receipts so given shall be binding on this state for the amount so received.
To prevent immoral and disorderly conduct at places of religious worship.
Sec. 1. Whereas by the Constitution of the state of Alabama, the citizens hereof have the right to worship God according to the dictate of their own consciences; and whereas, the people in assembling themselves for the purposes of religious devotion are often disturbed by the disorderly conduct of wicked persons, for remedy whereof, Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That if any person or persons, hereafter, shall be found guilty of wilfully raising a riot, getting drunk, swearing, or any other
act by which the congregation shall be interrupted, during the continuance of any meeting for the purposes aforesaid, all such person or persons, their aiders and abettors, shall on due proof thereof, forfeit and pay the sum of twenty dollars besides cost of suit; to be recovered before any Judge or Justice having competent jurisdiction: one half to go to the informer, and the other half to the county where such fine may be recovered.
Sec. 2. And, whereas many individuals have been in the habit of retailing spiritous liquors at or near camp meetings, thereby causing drunkenness and disorder, be it further enacted, that if any person whatever shall hereafter retail spiritous liquors or any kind of drink that is calculated to produce drunkenness, within two miles of any camp meeting, quarterly-meeting, association of any other religious meeting, during the continuance of any such meeting, such person or persons so offending, their agents of servants, on due proof thereof, shall, for each and every such offence, forfeit and pay the sum of forty dollars besides costs of suit, to be recovered before any Judge, or Justice having competent jurisdiction; one-half to go to the informer, and the other half to the county where such time may be recovered: Provided, nevertheless, that this law shall not operate upon such persons who actually reside within two miles of such meetings, and who have obtained and hold a license for retailing.
To repeal in part and amend An Act, entitled, An Act to regulate elections &c. passed at Huntsville, December 16th, 1819.
Sec. 1. Be it enacted, by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That all managers of elections in the Counties of Covington Henry and Pike, for electing a Governor, Members of Congress, members of the General Assembly, Sheriffs and Clerks, be, and they are hereby, required to keep and file all ballots or tickets taken at their respective precincts, together with their Clerks lists of voters, in the manner now provided for by law, for the space of sixty days, from and after the day on which said elections are held; and if no notice be given to them within that time, that any or part of any election or elections, so held, will be contested, said managers shall destroy said ballots.
Sec. 2. And be it further enacted, That all elections held in the aforesaid counties, shall in all other respects be conducted in the manner provided for by laws now in force in this State, regulating elections; and that all laws or parts of laws contravening the provisions of this act, be, and the same are hereby, repealed.
Relative to the securities of Clerks, Sheriffs, and other Officers.
Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That from and after the passage of this act, it shall be the duty of the Judge of the County Court, whenever application shall be made to him by the security or securities or either of them, of any Clerk or Sheriff, or other officer of any county in this State, to issue a citation to the said Clerk, Sheriff, or other officer, to appear before him on some day therein named, not less than ten nor more than fifteen days, then and there to enter into a new bond, with good and sufficient securities for the faithful execution of the duties of his office.
Sec. 2. And be it further enacted, That upon the execution of such new bond by the said Clerk, Sheriff, or other officer, the security or securities making application shall be discharged from the obligation of the bond previously entered into by them: Provided, that nothing herein contained, shall discharge the security or securities from any liability which they had before that time incurred.
Sec. 3. And be it further enacted, That if any Clerk, Sheriff or other officer, being duly served with a citation as aforesaid shall fail or refuse to give the bond as aforesaid required, then and in that case it shall be the duty of the Judge of the County Court to decree the office of the said Clerk, Sheriff, or other officer, to be vacated; and shall cause an entry thereof to be entered upon the records of the County Court: and such vacancies shall be filled, as now prescribed by law.
For the preservation of the several Court Houses in this State.
Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That it shall be the duty of the Sheriff of each and every County within this State, and he is hereby authorized and required, to take charge of the Court House of his respective county; to keep out intruders; to have it cleaned; and to observe the decays or any other injury that may be done to said Court House, or other out property attached to or near it, that may belong to said County, and make a report, at least once a year, to the County Court: and the Judge and Commissioners of roads and revenue are hereby empowered and authorized, to make such appropriations out of the County Treasury as are necessary to be by the Sheriff incurred to carry this act into effect.
Sec. 2. And be it further enacted, That all acts and provisions, contrary to this act, be, and the same is hereby repealed.
To authorize administrators to sell land belonging to the estate of their in testate, to which a complete title has not been obtained.
Sect. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That from and after the passage of this act, it shall and may be lawful for an administrator of any deceased intestate, or the executor of any deceased testator who has not power by the will of the testator to sell real estate for the purpose of paying debts, or to make more equal distribution among the heirs, devisees, or legatees, to file a petition in the County Court of the county in which letters of administration or letters testamentary have been granted, setting forth that the personal estate of his intestate or testator (as the case may be) is not sufficient for the payment of the just debts of such intestate or testator or that the real estate of such testator or intestate, cannot be equally, fairly, and beneficially divided among the heirs or devisees of such intestate or testator, without a sale of the real estate, setting out and particularly describing in such petition the estate proposed to be sold, and the names of the heirs or devisees of such intestate or testator, and particularly stating which are of age and which are infants or feme covert.
Sec. 2. And be it further enacted, That upon the filing of such petition in open court, it shall be the duty of the court to order citations to all the heirs or devisees who are of full age, and to the husband of such as are feme covert, requiring them to appear on a particular day mentioned therein, at a regular or adjourned term of said court, and answer said petition: and it shall also be the duty of said court forthwith to appoint guardians to such of the heirs or devisees as are infants, to answer and defend against said petition; which guardian shall not be the petitioner, or of heir to the petitioner.
Sec. 3. And be it further enacted, That it shall be the duty of the guardian or guardians appointed as aforesaid, to deny all the allegations contained in said petition, without being verified by oath; and if necessary to employ counsel to defend for his ward or wards.
Sec. 4. And be it further enacted, That said court shall not decree or order sale of the real estate described in such petition, where the allegations are denied by the answer; unless, he be satisfied by proof to be taken by deposition as in chancery cases, and filed in the cause: And where a sale of the estate shall be ordered or decreed by the court, commissioners shall be appointed in the order or decree with directions to sell the estate, either for money or on credit as may be most just and equitable; and to report to said court at the time limited in the order or decree.
Sec. 5. And be it further enacted, That the petitioner shall not receive the bonds or money returned and reported by the Commissioners, until he shall enter into bond and sufficient security, to be approved by the court, conditioned for the faithful payment and application of the money arising from such sale, according to the final decree.
Sec. 6. And be it further enacted, That the said court shall upon the coming in of the report of the commissioners, render a final decree in the cause; and if the terms of the sale have been complied with by the purchaser of the estate, the Commissioners shall be directed by such final decree to convey the estate sold to the purchaser.
Sec. 7. And be it further enacted, That whenever the court shall upon a full hearing of the cause decide, that the estate shall not be sold, the Judge shall dismiss the petition at the costs of the petitioner, to be levied of his own estate.