For the better regulation of judicial proceedings
Sec. 1. Be it enacted by the Legislative Council and House of Representative of the Alabama Territory in General Assembly convened, That every joint bond, covenant, bill, promissory note, or judgment of any Court of record of any state or Territory of the United States, shall be deemed and construed to have the same effect in law, as a joint and severable bond, covenant, bill, promissory note or judgment; and it shall be lawful to sue out process
and proceed to judgment, against any one, or more of the obligors, covenanters, or drawers, of any such joint bond, covenant, bill or promissory note, or against any one or more, of the defendants to any such joint judgment.
Sec. 2. And be it further enacted, That whenever a writ shall issue, against two or more joint, or joint and several, obligors, covenanters, or drawers of any such bond, covenant, bill, or promissory note, or against two, or more, of the defendants to any such joint judgment, it shall be lawful for the plaintiff, or his attorney, at any time after the return of said writ, or an alias writ to discontinue such action, against any one or more, of the defendants, on whom said writ, or alias writ, shall not have been executed; and proceed to judgment against any one, or more of said defendants, on whom said writ shall have been executed, or proceed to issue an alias or plurius writ, at his election.
Sec. 3. And be it further enacted, That whenever a judgment shall have been rendered by any Court of
record, or any Justice of the Peace, in this Territory, and an execution against the defendant, or defendants shall have been returned by the proper officer, "no property found ;" on the affidavit of the plaintiff, or other credible person, that said defendant, or defendants hath or have no property within the knowledge of such against, in his or their possession, and that such affiant hath just reason to believe that another person, or persons, is, or are indebted to such defendant, or defendants, or hath or have effects of such defendant, or defendants, to his or their hands, it shall be lawful for said Court, or Justice of the Peace, to Cause the person or persons supposed to be indebted to, or supposed to have any of the effects of the said defendant, or defendants, to be summoned, forthwith, to appear before said Court or Justice, as a garnishee or ganishees, and said Court, or Justice of the Peace, shall examine and proceed against such garnishee or garnishees, in the same manner as required by law, against garnishees in original attachments.
Sec. 4 And be it further enacted, That in all actions of debt, founded on any bond, promissory note, or judgment, when the original writ shall have been executed on the defendant or defendants, sixty days before the return thereof, it shall be lawful for the Court, in which such action is instituted, to proceed to judgment to the term to which such writ is returned unless the defendant, or defendants, shall make oath, to the best of his or their knowledge and belief, that he or they, will be able to make a defense, going to the actual merits of the case.
Sec. 5 . And be it further enacted, That all executions, hereafter issued by any of the Superior Courts of this Territory, shall be made returnable, ninety days after they respectively bear teste: and it shall be the duty of the clerk of each of said Courts, when an execution shall be returned in vacation, if necessary, to issue an alias or plurius execution, in the same manner as if the same had been returned in term time.
Sec. 6 And be it further enacted, That if any sheriff shall, on the re-
turn of an execution, fail to pay over any money collected by virtue thereof, he shall on motion of the plaintiff in such execution, as in other cases, be subject to a recovery of the amount by him received, and damages at the rate of fifteen per centum: and if any clerk shall fail to pay, on demand, to the party entitled thereto, or his attorney, any money by him received, in his capacity as clerk, he shall, in like manner be subject to a recovery of the amount so received, and damages at the rate of fifteen per centum the damages in either case, to be calculated from the time at which it is in evidence, such sheriff or clerk received such money,
Sec. 7. And be it further enacted That if any sheriff shall fail to make the money required by any execution, before the return day thereof; when the defendant has sufficient property, within the knowledge of such sheriff, he shall be liable to a recovery of the amount due on such execution, including interest and cost, in an action on the case brought by the party aggrieved.
Sec. 8. And be it further enacted, That whenever any cause of action may exist against two or more partners, trading in copartnership, or against partners of any denomination whatever, it shall be lawful to prosecute an action against any one or more of them; and when a writ shall be issued against all the partners of any firm, service of the same on any one of them shall be deemed equivalent to a service on all: & the plaintiff may file his declaration, and proceed to judgment, as if said writ had been served on each defendant; and the judgment shall be equally valid. and effectual against all the defendants
.Sec. 9. And be it further enacted, That the Superior Courts of this Territory, sitting in Chancery, shall in all cases where a bill is pending, or may be hereafter filed, to compel the specific performance of a contract, have power to make a decree, vesting title to any property, real or personal, in the complainant, as fully to property and effectually as if conveyed by the defendant, in conformity with the contract on which such bill and de-
cree are founded; and a writ shall issue to the Sheriff, or other officer, commanding him forthwith, to put such complainant in possession.
Sec. 10. And be it further enacted, That whenever the property of an absconding debtor shall be attached, it shall not be replevied, unless the security in the replevy bond shall undertake to return the specific property attached, or pay and satisfy such judgement as may be rendered against the defendant.
Sec. 11. And be it further enacted, That, hereafter, in all actions founding in damages, it shall be lawful for the clerk of the court in which such action is commenced, or any Justice of the Quorum of the County, where such suit may be instituted, to order the defendant or defendants to be held to bail in such sum as may deem proper, on the affidavit of the plaintiff, or other credible person, setting forth satisfactory reasons for praying such order: provided, however, that it shall be the duty of the Court, to which such writ may be returned, on application at the first term thereof
after the commencement of such action, supported by satisfactory proof; to discharge the bail taken under such order, or reduce the amount for which bail may have been required.
Sec. 12. And be it further enacted That where any suit shall be instituted against two or more persons as partners in any firm, if one or more persons, not partners in said firm, shall have been sued as such; the court before whom said suit is or shall be pending, shall discontinue said suit against such person or persons, as shall appear not to be partners, in said firm, and proceed to Judgment and execution against all or any of the defendants in such action, who shall appear to be partners.
For the Government of the Town of Blakely,
Sec. 1. Be it enacted by the Legislative Council and House of Representatives of the Alabama Territory, in General Assembly convened. That the land-holders, freeholders, and house holders of the Town of Blakeley, shall, on the first Monday in March, or as soon thereafter as may be convenient, in each and every year, in said town, hold an election, to commence at ten o'clock in the forenoon, and to close at five o'clock in the afternoon; and then and there elect by ballot, and a majority of votes, five commissioners, a majority of whom shall constitute a quorum to do business; also, a Treasurer, Assessor and Collector, to serve for the term of one year: and the said commissioners so elected, shall, on the next day after such election, in each and every year, meet and elect by ballot and a majority of votes from their own body, a President; whose duty it shall be to preside and keep order at all meeting of the said Commission-
ers, and in his absence or incapacity, any other member may be called to the chair: and the said Commissioners shall be, and they are hereby, constituted a body corporate, by the name and style of the President and Commissioners of the Town of Blakeley; and by that name they and their successors in office, shall be capable in law of suing and being sued, of impleading & of being impleaded, in all manner of suits and actions either in law or equity; and also, to do all acts which are incident to bodies corporate.
Sec. 2. And be it further enacted, That the said President and Commissioners shall have power and authority to raise such sum or sums of money, as they shall think necessary for the well regulation of said Town; which sum or sums shall be affected upon the land holders, freeholders, and house holders within the said town, by the assessor, according to the regulations to be established by said President and Commissioners, and shall be collected by the collector at such time or times, and be paid and disposed of in such manner, as
the said President and Commissioners shall direct : Provided, the whole amount of such sum or sums, shall not, in any one year; exceed twelve and a half cents, for every hundred dollars worth of property liable to taxation; but if the sum, or sums so assessed and collected, shall be found insufficient for the supply of the said Town, it shall be lawful for the President, with the advice of two of the Commissioners, to call a meeting of the land holders, free holders and house holders of said town, by giving five days previous notice thereof, specifying the object of said meeting: and the said meeting shall have power and authority by a majority of votes, to order such further sum or sums to be raised, as to them may seem expedient; to be assessed, collected and paid, as shall be directed by the said President and Commissioners.
Sec. 3. And be it further enacted, That the said president & commissioners shall meet on their own adjournments, and have power from time to time, and at all times hereafter, to make such bye-laws and regulations
is writing, not inconsistent with the laws of the United States or of this Territory, as to them shall appear necessary for the good government of the said Town; and the same to put in execution, revoke and alter, as to them shall appear expedient. In addition to the officers to be appointed by the first section of this act, the said President and Commissioners shall have power to appoint such other subordinate officers as they may think necessary, for the good government of the said Town ; and, by ordinance, to require such security from the several officers, and to annex such fees to the several offices of the said Town, and to impose such fines for the neglect of duty in office, or misconduct in the same, as to them may appear necessary: and to make, limit, and impose and tax reasonable fines and amercements in any one case not exceeding fifty dollars, against all, and upon all persons who shall offend against the bye-laws and regulations for the government of the said Town; and all such fines and amercements to take, demand and levy of the goods and
chattels of such offender by warrant issued under the hand and seal of the President, directed to the constable of the county, who is hereby required and authorized to execute the same; which fines and amercements shall be paid to the treasurer, to be appropriated to the use and benefit of the said Town.
Sec.4 .And be it further enacted, That the President and Commissioners in office on the first Monday in March, in each and every year, shall remain and continue in office until successors be duly elected; and it shall be the duty of the said President and Commissioners, or any three of them remaining in office, to preside at the annual election appointed to be held on the first Monday of March, or as soon thereafter as convenient; and to declare the persons duly elected at any such election; and when, on counting the ballots, there shall appear to be an equal number for two or more persons, it shall be the duty of the judges presiding at such election, to declare which of the said persons is duly elected; and in case the whole
number of Commissioners authorized by law to be elected on the first Monday in March in each and every year, shall not be then elected, or if no election shall be had on that day, the said Commissioners so remaining in office, shall appoint another day, by public notice given in said town, at least eight days previous thereto, for holding an election for Commissioners, or any number thereof who may not have been duly elected on the first Monday in March; Provided, that, if no election, or an incomplete election, be had on the first Monday in March in each year, the time to be appointed by the President and Commissioners for an election, shall be within one month thereafter.
Sec. 5. And be it further enacted, That, in case of the death, resignation, or removal from Town of any of the commissioners, the treasurer, Assessor or collector, the President for the time being, shall call a meeting of the land holders, freeholders and house-holders, by advertising the same at the place of meeting in said town, five days previous thereto.
who shall, by ballot; proceed to supply the vacancy.
Sec. 6. And be it further enacted, That the said President and Commissioners are hereby authorized to levy a tax on carts, drays, wagons, or other vehicles of transportation, and only such as are employed in transporting for pay or compensation, any article whatsoever, from one place to another within the limits of the said Town: also, on all retailers of spirituous liquors, a sum not exceeding Ten Dollars per centum.
Sec. 7. And be it further enacted, That all free white male persons, subject to taxation, who shall be in the occupancy of a room to himself, separate and apart, shall be deemed a house-holder within the meaning of this act, and shall be entitled to vote at the Town elections.