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AN ACT to regulate the payment of Petit Jurors in the county of Washington.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That hereafter the Petit Jury in the county of Washington, in all civil cases on which judgments shall be rendered whether by verdict, default, nil dicit, or demurrer, or otherwise, shall receive the sum of three dollars to be paid by the plaintiff or successful party at the time of rendering the judgment which shall be full compensation for their services as Jurors, and the sum so paid by the plaintiff or successful party shall be taxed and collected in the bill of costs for the use of the successful party.

SEC. 2. And be it further enacted, That on judgments rendered otherwise than by verdict, the money shall be paid to the Clerk and by him on the evening of each day, equally distributed among the Petit Jurors attending on the court.

SEC. 3. And be it further enacted, That there shall be no other additional tax in the bill of costs, either for the use of the successful party or for the county.

SEC. 4. And be it further enacted, That so much of an act, passed on the seventh day of January, one thousand eight hundred and twenty-six and entitled "an act, to provide for the payment of Petit Jurors in the counties of Blount, Montgomery, Mobile and Baldwin, and for other purposes," as far as the same relates to the county of Baldwin, be and the same is hereby repealed; and all laws, and part of laws repealed by said act, so far as said repeal effects the county of Baldwin be, and the same are hereby revived, and declared to be in force therein.

Approved, Jan. 12, 1828.

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AN ACT, to organize and establish a Circuit court in Dale county, and to arrange the counties of the first, second and sixth Judicial Circuits.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That Circuit courts shall be holden in the county of Dale, at the seat at Justice thereof, at such times as are hereinafter


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provided, and the said county of Dale, shall be, and the same is hereby attached and annexed to the sixth judicial circuit of this state.

SEC. 2. And be it further enacted, That all writs, subpoenas and other process in civil and criminal cases, against persons residing in the said county of Dale, and which may have been returned or are now returnable to the Circuit courts of Henry or Covington counties shall be, and the same are hereby made returnable to the Circuit courts of the county of Dale; and it shall be the duty of the clerks of the circuit courts of Henry and Covington counties, respectively, on or before the first day of the next term of the circuit court of Dale county to transfer all writs, process, subpoenas and other proceedings either in law or equity, now pending in either of said Courts against any of the citizens or inhabitants of said county of Dale, certified under their respective hands to the clerk of the Circuit court of Dale county.

SEC. 3. And be it further enacted, That the county of Conecuh, be, and the same is hereby attached to the First Judicial Circuit.

SEC. 4. And be it further enacted, That the county of Marengo, be, and it is hereby annexed to the second judicial circuit.

SEC. 5. And be it further enacted, That all acts and parts of acts contravening the meaning and provisions of this act, be, and the same is hereby repealed.

SEC. 6. And be it further enacted, That the Circuit courts of the first, second and sixth judicial circuits, shall be holden in each and every year in the counties therein respectivly as follows, to wit: The spring term of the county of Conecuh shall commence on the third Monday in February and may continue in session six judicial days; in the county of Monroe on the fourth monday in February; and may continue in session twelve judicial days; in the county of Clark on the second Monday after the fourth Monday in February, and may continue in session six judicial days; in the county of Washington on the third Monday after the fourth Monday in February, and may continue in session six judicial days; in the county of Mobile on the fourth Monday after the fourth Monday in February, and may continue in session twelve judicial days; in the county of Baldwin on the sixth Monday after the fourth Monday in February, and may continue in session six judicial days- And the fall terms of the circuit court in the aforesaid counties, shall be holden, as follows to wit: In the county of Washington on the first Monday in October; in the county of Clark on the second Monday in October; in the county of Monroe on the third Monday in October; in the county of Conecuh on the first Monday after the fourth Monday in October; in the county of Baldwin on the second Monday after the fourth Monday in October; in the county of Mobile on the third Monday after the fourth Monday in October.- And the fall term of said courts may continue in said counties respectively, the same number of days as the spring term, accord-


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ing to the foregoing provisions of this act.- And the courts in the second circuit shall be holden as follows, to wit: in the county of Dallas on the first Mondays in April and October in each year, and may continue in session twelve judicial days at each term; in the county of Autauga on the third Mondays in April and October, and may continue in session six judicial days; in the county of Bibb on the fourth Mondays in April and October, and may continue six judicial days; in the county of Perry on the first Mondays after the fourth Mondays in April and October, and may continue in session six judicial days; in the county of Wilcox on the second Mondays after the fourth Mondays in April and October, and may continue in session six judicial days; in the county of Marengo on the third Mondays after the fourth Mondays in April and October, and may continue in session six judicial days at each term.- And the courts in the sixth circuit shall be holden, as follows, to wit: in the county of Butler on the second Mondays in March and September, and may continue in session six judicial days each term; in the county of Montgomery on the third Mondays in March and September, and may continue in session each term twelve judicial days in the county of Pike on the first Mondays after the fourth Mondays in March and September, and may continue in session six judicial days each term. in the county of Henry on the second Mondays after the fourth Mondays in March and September and may continue in session each term six judicial days; in the county of Dale on the third Mondays after the fourth Mondays in March and September, and may continue in session three judicial days; in the county of Covington on the first Thursdays after the third Mondays after the fourth Mondays in March and September and may continue in session three judicial days each term.

SEC. 7. And be it further enacted, That all process of every kind or nature, returned or returnable to the circuit courts in the counties above specified, or which may hereafter be issued shall be returned, and hereby is declared to be returnable to the respective terms of the Circuit court in said counties as now established, and shall lie and be triable at the terms of the courts hereby established.

Approved, Jan. 12, 1828.

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AN ACT to amend an act, entitled an act, to provide for the Printing of the Laws and Journals, and for other purposes; passed 25th, Dec. 1822.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the State Printer elected in pursuance of the above recited act shall within ten days after his election give bond and security to be approved of by the Governor in the sum of six thousand dollars for the faithful performance of his duties, and on failure so to give bond the office shall be vacated, and the General Assembly shall proceed to elect another in the manner prescribed by law.

Approved, Jan. 10, 1828.


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AN ACT, to provide for the arranging, filing and preservation of the papers relating to unfinished business of each session of the Legislature.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That within ten days after the adjournment of each session of the Legislature, it shall be the duty of the Clerk of the House of Representatives, to assort all the papers and documents, relating to the unfinished business of the session and arrange them into convenient files, in the following manner, viz:- 1st.. All petitions, with the accompanying documents, to be arranged put up and filed, in alphabetical order, and tied up in convenient bundles with a label on each bundle shewing the number contained in it- 2ndly. All bills rejected on the first reading to be numbered filed and labelled in like manner and so of bills rejected on the second and third reading the label in every instance shewing the number of bills, contained in each bundle, and the reading at which it was rejected- 3dly. All communications from the Governor, the Bank, the Comptroller and Treasurer which shall have been received during the session and not entered at length on the journal, shall be filed and labelled in separate bundles for each department if sufficiently numerous to require it-4thly. Reports from standing and select committees, shall be arranged, filed and labelled in like manner, the label in all instances, shewing the session to which the papers appertain by marking the date and should there be other papers not comprehended under either of the foregoing heads, they shall be arranged and filed as miscellaneous papers and labelled according to their nature, for the convenience of future reference and the papers so arranged filed and labelled shall be delivered to the Secretary of State for safe keeping.

SEC. 2. Be it enacted, That it shall be the duty of the Secretary of the Senate, within the same time to arrange, file and label the papers in his office at the close of each session, according to the directions contained in the first section of this act, in relation to the papers of the House of Representatives and in like manner, to deliver them to the Secretary of State.

SEC. 3. Be it enacted, That it shall be the duty of the Secretary of State to receive the papers so filed and labelled State, his from the said Clerk and Secretary, and keep and preserve them in his office, keeping the papers of each House separate from those of the other and allow them to be inspected and to furnish copies when required on receiving the fees allowed for similar services, and it shall be his duty to certify that the said Clerk and Secretary, have respectively complied with the requisitions of this act, which certificate shall be necessary to entitle them to the compensation allowed for the services here-in required, and if either the said Clerk or Secretary shall fail to arrange the papers of his office, according to the directions of this act, it shall be the duty of the Secretary of State to withhold the said certificate until they shall be so arranged and filed.

Approved, Dec. 13, 1827.

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AN ACT, to encourage the raising Volunteer Companies in the county of Morgan.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the privates who compose the two regiments in the county of Morgan, be, and they are hereby authorized to join and become members of any Volunteer Company in either of said Regiments: Provided, No militia company in said regiments shall be reduced below the number now fixed by law.

SEC. 2. And be it further enacted, That if said regiments should unite in forming volunteer corps they the said Volunteer companies shall attend all the regimental musters in the county of Morgan: Provided, The officers of said Volunteer Corps shall designate the times and places of holding all other musters to be performed by said companies.

Approved, Jan. 15, 1828.

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AN ACT, to incorporate a Volunteer company under the name and style of "the Monroe Rifle company."

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That Captain Stephen S. Anderson, Lieutenant James R. Broughton and Ensign E. Andress, and their successors in office, and the non-commissioned officers and privates composing "the Monroe Rifle Company" be, and the same are hereby declared to be a body politic and corporate under the same rules and regulations, powers and restrictions prescribed in an act to incorporate a Volunteer Corps of Infantry in the city of Mobile to be styled "the Mobile Republican Greens" passed December 15th, 1824: Provided always, That said Volunteer Company styled the Monroe Rifle Company shall be attached to the 27th Regiment of Alabama Militia, and shall perform Regimental Musters and Drills, and Patrol Duty in said Regiment.

Approved, January 15, 1828.

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AN ACT, to establish the 52nd Regiment of Alabama Militia.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That General George W. Higgins, Colonels Richard B. Clayton and James Smith are hereby authorized on, or before the first day of April next, to lay off a Regiment to be taken from the first and thirty-fifth Regiments of the Militia of this State by designated boundaries, which Regiment when so laid off shall be the fifty-second Regiment of Alabama Militia, and shall be organized according to law.

SEC. 2. And be it further enacted, That all acts, and parts Repeal of acts, coming within the purview and meaning of this act, be, and the same are hereby repealed.

Approved, January 15, 1828.


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AN ACT, to alter the times of holding company courts Martial.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That company courts-martial of Militia of this state shall be hereafter holden on the days appointed for their succeeding musters.

SEC. 2. And be it further enacted, That it shall not here-after be lawful for the officers commanding militia companies in this state, to call out, the men under their respective commands for company muster, more than twice in the course of any one year, any law to the contrary notwithstanding, nor shall there be but two company musters in any one year.

Approved, January 15, 1829.

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AN ACT, to divide the twenty-second Regiment of 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 that part of the twenty-second Regiment of the militia of this state, which lies south east of the Alabama river in Dallas county, shall constitute one regiment to be called the fifty-first regiment of Alabama militia.

SEC. 2. And be it further enacted, That it shall be the duty of the Brigadier General of the Seventh Brigade, to order an election to be holden for a Colonel to command the said fifty-first Regiment whose duty it shall be to organize and Regiment in the manner prescribed by the existing laws of this state.

SEC. 3. And be it further enacted, That all laws, and parts of laws, contravening the provisions of this act, be, and the same are hereby repealed.

Approved, Dec. 20, 1827.

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AN ACT, to provide for the preservation of the Public arms.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the Governor be, and he is hereby authorized and required to cause to be made for the use of the arsenal a suitable number of racks in which to place the public arms, and to appoint a suitable person whose duty it shall be under the immediate superintendence of the quarter-master-general to perform the labor required to keep the same in good order.

SEC. 2. And be it further enacted, That to enable the executive to carry into effect the provisions of this act, and for defraying the expenses incidental thereto a sum not exceeding two hundred and fifty dollars, be, and the same is hereby appropriated to be paid out of any monies in the Treasury not otherwise appropriated.

SEC. 3. And be it further enacted, That the sum of two hundred and sixty-four dollars and fifty cents be, and the same is hereby appropriated, for the payment of the quarter-master general's account for cleaning and putting in good order, the public arms now in the arsenal, to be paid out of any monies in the Treasury not otherwise appropriated.

Approved January 15th, 1828.


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AN ACT, to authorize James Mahan, William Lovelady, John Gardner and Ransom Davis, to enter a certain quantity of University Land, for the purposes therein mentioned.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened. That it shall and may be lawful for James Mahan, William Lovelady, John Gardner, and Ransom Davis, or a majority of them to apply to one of the Trustees of the University of Alabama, who is hereby required to cause some skilful surveyor to go upon the east half to the north east quarter of section numbered twenty-three, township twenty-four, in range eleven east, and lay off by certain metes and bounds five acres in the north east corner of said half quarter section of land, including therein a part of Mahan's creek and a certain neighborhood burying ground on said half quarter section and return to said Trustees a fair platt of the same; whereupon the said James Mahan, William Lovelady, John Gardner and Ransom Davis, or a majority of them upon paying to the said Trustees the minimum price for said five acres of land, are hereby authorized to enter in the name of "The Inhabitants of Township twenty-four, Range eleven East" said five acres and all upon paying the said minimum price, for said five acres and all expenses incurred in laying off the same, to receive a title from the Trustees of the University of Alabama to the inhabitants of the Township aforesaid, for the purposes of a neighborhood Burying Ground, and the erection thereon of a Church, for the use of the inhabitants of said Township as such forever.

Approved, January 7th, 1828.

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AN ACT, to authorize the Governor to cause Bonds taken for public arms to be renewed.

SECTION 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, the Governor be, and he is hereby authorized, and required whenever it shall by him be deemed expedient, to call in such portion of the public arms as may have been, or may hereafter be delivered, or to cause a renewal of the bond or bonds which may have been taken with good and sufficient security.

SEC. 2. And be it further enacted, That a discretionary power is hereby vested in His Excellency the governor, to distribute the public arms that are now, or hereafter may be received, for the use of this state among the Volunteer Companies, if applied for, in such manner as he may think proper having a due regard to the different sections of this state.

SEC. 3. And be it further enacted, That whenever any of the public arms may be distributed, it shall be the duty of the Governor to take bonds in the manner directed by the proviso to the second section of the act, to provide for the distribution of the public arms among the different Volunteer Corps in this state, passed 4th January, 1827.

Approved, January 15th, 1828.


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AN ACT, to provide for the establishment of the permanent Seat of Justice in the county of Walker.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That Levi Robins, Thomas W. Lockridge, Hugh Lawler, Samuel Read and David Murphy, be, and they are hereby appointed Commissioners who, or a majority of whom, shall have power to fix on a suitable site for the permanent seat of Justice for the county of Walker: Provided, that the same shall be at the most eligible place within five miles of the centre thereof.

SEC. 2. And be it further enacted, That the centre of said county shall be ascertained by the county surveyor, and the commissioners aforesaid shall thereupon proceed to fix on and determine the place proper for the seat of justice aforesaid.- But before entering upon said duty, said commissioners shall take an oath before some person competent to administer the same that they will faithfully and impartially fix upon a site for the permanent seat of justice for the county of Walker, having due regard to the best interest of said county under the restrictions aforesaid.

SEC. 3. And be it further enacted, That when said site shall be fixed and determined upon by said commissioners pursuant to the foregoing provisions of this act, they shall report the same to the judge of the county court and commissioners of roads and revenue for said county, and when instructed by said judge and commissioners of roads and revenue said commissioners are hereby empowered to purchase or receive by donation any quantity of land in their discretion not exceeding eighty acres, whereupon to erect the necessary public buildings of said county.- And shall have power to receive a full and complete title to the same for the purposes aforesaid.

SEC. 4. And be it further enacted, That said judge of the County Court and Commissioners of Roads and Revenue; (whenever in their opinion the interest of said county of Walker require it) shall have power to lay and collect a tax not exceeding one half the amount of the state tax for the purpose of paying for said tract or parcel of land, and for the purpose of defraying the expences incurred in the erection of the necessary public buildings for said county.

SEC. 5. And be it further enacted, That so soon as said commissioners have obtained a title to such quantity of land as in their discretion may be necessary in conformity with the provisions of the 3rd section of this act, they are hereby authorized and empowered to contract for the building of a Court House, Jail and other necessary public buildings and in making said contract for any of said buildings, they shall let the same out to the lowest bidder, first giving at least twenty days notice of the time and place of so letting out, and shall take the necessary bond or bonds made payable to said commissioners in such penalty as they may think proper, conditioned for the faithful performance of said work.

SEC. 6. And be it further enacted, That so soon as said Court House is in a condition for the reception of the several


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courts necessary to be holden in said county, they shall report the same to the judge of the county court and commissioners of Roads and Revenue, whose duty it shall be to receive the same from which time said place so fixed on as aforesaid shall be, and the same is hereby made the permanent seat of justice for said county of Walker.

SEC. 7. And be it further enacted, That until said commissioners shall report to the judge of the County Court and Commissioners of Roads and Revenue as contemplated by the 5th section of this act, all the courts to be holden in said county shall be held at the house of James Daniel.

SEC. 8. And be it further enacted, That if any of the Commissioners should die, remove beyond the limits of the county, or refuse to act, then it shall be the duty of the other commissioners to fill such vacancy.

Approved, January 15th, 1828.

 

AN ACT, relative to Volunteer companies in the Militia of this Bye-Laws of State, and for other purposes.

SECTION 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, all Bye-Laws not repugnant to the laws of this state made by Volunteer Companies, shall be binding on said companies, and that all fines or forfeitures accruing under said Bye-Laws may be collected in the same manner as any other fines or forfeitures arising under any militia law of this state.

SEC. 2. And be it further enacted, That hereafter ten days notice given of any Battalion or Regimental muster or drill or of any court-martial for the trial of defaulters at any Battalion or Regimental muster or drill, through the orderly sergeant of a company by advertisement at each election precinct and also at each company muster ground in said company shall be deemed good and sufficient notice; and that hereafter Regimental or Battalion courts-martial for the trial of defaulters shall require not less than five of the Commissioned officers of the Regiment or Battalion to constitute a court any law to the contrary notwithstanding.

SEC. 3. And be it further enacted, That four dollars for each day as now allowed by law to Judge Advocates attending courts-martial in completing the records of the same upon the President's certificate shall hereafter be paid out of the Regimental funds, except when said Regimental courts-martial shall be in session for the trial of commissioned, non-commissioned officers or privates for offences other than default at musters or drills.

SEC. 4. And be it further enacted, That the Governor be, and he is hereby authorized and required to cause the assistant adjutant-general of each brigade to examine and inspect all the public arms, which are now or may hereafter be distributed or delivered to Volunteer Companies in their respective Brigades, and for which bonds have been or may hereafter be given at least once in each and every year, and report the number, and order in which said arms are kept, and also the report thereon, also, the


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probable solvency of the bonds- and on failure of any assistant adjutant general to perform the said service, when and as required by the Governor he shall be liable to a fine of fifty dollars to be recovered in the same manner as other fines and forfeitures under the militia laws of this state.

SEC. 5. And be it further enacted, That all acts, or parts of acts contrary to the provisions of this act, be, and the same are hereby repealed.

Approved, January 15th, 1828.

 

AN ACT, to prevent te abatement of suits in certain cases.

SECTION 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, no suit instituted by a feme sole, shall abate by her intermarriage: Provided, The person marrying such feme sole will make himself a party to such suit; which may be done by motion to the court.

SEC. 2. Be it further enacted, That hereafter it may be lawful when a feme sole defendant shall have intermarried, for the plaintiff to sue out a Scire Facias to her husband and make him a party, and such suit shall not abate by reason of the marriage.

Approved, Dec. 17th, 1827.

 

AN ACT, to provide for the payment of Petit Jurors in the county of Jefferson.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the Petit Jury in the Circuit courts of Jefferson county, in all civil cases, in which verdicts shall be rendered by them, shall receive the sum of two dollars for each cause, to be paid by the successful party, before recording the verdict which sum shall be taxed in the bill of costs for the use of the successful party.

SEC. 2. Be it further enacted, That the tax of two dollars, by law now directed to be taxed on each suit, shall cease to be in force, so far as relates to suits hereafter to be brought in the Circuit court of Jefferson county.

SEC. 3. Be it further enacted, That Grand Jurors in the county of Jefferson shall be paid as heretofore.

SEC. 4. Be it further enacted, That all laws, and parts of laws now in force contravening the provisions of this act, so far as relates to the county of Jefferson, be, and the same are hereby repealed.

Approved, Jan. 12, 1828.

 

AN ACT, concerning the duties of Clerks of the County courts; and other Officers.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the Clerks of the county courts, shall in all returns to the Office of Secretary of State, upon which commissions are to be issued, if to fill a vacancy name the person andcause of such vacancy in said return, if an original appointment, the return shall also express it.


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SEC. 2. And be it further enacted, That the Captains of companies in making their returns to the Clerks of the county courts of the elections of Justices of the Peace and Constables, shall in every case, make their returns in like manner as is provided in the first section of this act.

Approved, Jan. 15, 1828.