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AN ACT

 

Concerning Writs of Error.

Sec. 1. Be it enacted by the Legislative Council and House of Representatives of the Alabama Territory, in General Assembly convened, That whenever a writ of error shall have issued from the clerk's office of any of the Superior Courts of this Territory, it shall be the duty of the Clerk of the Court from which it shall have issued to give the defendant in error, or to his attorney, on application, a certificate, stating that a writ of error has issued; and it shall be the duty of the General Court, on motion the said defendant, & on his producing the said certificate, to


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dismiss any cause in which the transcript of the record shall not have been returned on or before the third day of the term to which the writ shall have been made returnable,

Sec. 2. And be it further enacted, That whenever any cause shall be dismissed for want of a return of the transcript of the record and the judgment below shall have been superseded, it shall be the duty of the said General Court to affirm the judgment of the Court below, with damages, interest and cost; unless the plaintiff in error, or some other person, shall make affidavit that the transcript of the record could not be procured form the Clerk of the Court below.

Sec. 3. And be it further enacted, That, from and after the passage of this act, no writ of error shall issue, to reverse or set aside any judgment or decree which may be rendered in any of the Courts of this Territory, after the expiration of twelve months from the rendition of such judgment


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or decree, any law to the contrary notwithstanding.

GABRIEL MOORE,

Speaker of the House of Representatives.

JAMES TITUS,

President of the Legislative Council.

Approved-10th February, 1818.

WM. M BIBB,

Governor of the Alabama Territory.

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AN ACT

To alter and amend an act, entitled "An Act concerning Escheats."

Sec. 1. Be it enacted by the Legislative Council and House of Representatives of the Alabama Territory, in General Assembly convened, That the second section of the act concerning Escheats, passed the thirteenth day of December eighteen and eleven, be , and the same is here-by repealed.

GABRIEL MOORE,

Speaker of the House of Representatives.

JAMES TITUS

President of the Legislative Council.

APPROVED-10th February, 1818.

WM. W. BIBB,

Governor of the Alabama Territory.


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AN ACT

 

Concerning the style of Writs.

Sec. 1. Be it enacted by the Legislative Council and House of Representatives of the Alabama Territory, in General Assembly convened, That all writs hereafter issued from any of the Courts of this Territory, shall run in the name of the Alabama Territory; and shall bear teste in the name of, and be signed by, the Clerk of the Court from which they may be issued.

Sec. 2. And be it further enacted, That in all cases respecting the rights, interest and duties of the Territory or its officers, whenever the word Mississippi occurs, or is required to be used, it shall be supplied by the word "Alabama.'

GABRIEL MOORE,

Speaker of the House of Representatives.

JAMES TITUS,

President of the Legislative Council.

Approved-12th February, 1818.

WM. M. BIBB

Governor of the Alabama Territory.


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AN ACT

Appointing Commissioners to select a temporary place for holding the Courts in Montgomery county.

Sec. 1. Be it enacted by the Legislative Council and House of Representatives of the Alabama Territory, in General Assembly convened, That Hudson Powell, Robert Gastin, Joseph H. Howard, Howell W. Rose, and Doctor George Dabney, be, and they are hereby, appointed Commissioners; a majority of whom shall have full power to select the place at which the different Courts for said county, shall be holden; which place so selected, shall be the temporary seat of Justice in said county, until otherwise provided or altered by law.

GABRIEL MOORE,

Speaker of the House of Representatives,

JAMES TITUS,

President of the Legislative Council

APPROVED-12th February, 1818.

WM. W. BIBB.

Governor of the Alabama Territory


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AN ACT

 

To alter and extend the boundaries of Marengo County,

Sec. 1. Be it enacted by the Legislative Council and House of Representatives of the Alabama Territory, in General Assembly convened, That, all that tract of country lying west of the county of Dallas, north of the county of Clark, and east of the River Tombeckbe, shall be added to, and compose a part of, the county of Marengo.

GABRIEL MOORE,

Speaker of the House of Representatives,

JAMES TITUS,

President of the Legislative Council,

APPROVED-12th February; 1818.

WM. W. BIBB,

Governor of the Alabama Territory,

 

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AN ACT

To authorise Honore Colin to manumit his female slave Rozetta.

Sec. 1. Be it enacted by the Legislative Council and House of Representatives of the Alabama Territory, in General Assembly convened, That Honore Colin, a free man of


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colour of the Town of Mobile, be and he is hereby, authorized to manumit and set free Rozetta, his female slave, so soon as the said Honore Colin shall have executed to the Chief Justice of the Orphans Court of Mobile county, and his successors in office, a bond, with sufficient security, to be approved by said Orphans Court, conditioned that the said female slave Rozetta, shall never become chargeable to the Alabama Territory, or any county, or town therein.

GABRIEL MOORE,

Speaker of the House of Representatives.

JAMES TITUS,

President of the Legislative Council.

Approved-12th February, 1818.

WM. W. BIBB,

Governor of the Alabama Territory.

 

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AN ACT

 

To authorize the change of Venue, in real Actions.

Sec. 1. Be it enacted by the Legislative Council and House of Representatives of the Alabama Territory, in General Assembly convened, That hereafter it shall and may be lawful for the several Courts


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within this Territory, when any real action may be instituted, or pending in such Courts, to order the change of Venue in such action, to any adjacent county, on the party wishing such change, making affidavit, that he, she, or they, verily believe that justice cannot be done in the county where such suit may be pending: Provided, that the party opposed to such change of Venue, shall have the right to take the testimony of aged or infirm witnesses, in all cases where a change of venue may be prayed, by Dedimus Proteslatem to be directed to any Justice of the Quorum, or of the Peace in the county from whence the said Venue may be changed; the party wishing such Dedimus previously making an application, for that purpose, to the Judge who may preside in the Judicial District where such suit may be pending, and giving the opposite party sufficient notice of the time and place of taking such testimony which testimony, in form aforesaid taken, together with the Dedimus, shall be sealed up by the person by whom the said testimony may be ta-


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ken and be directed to the Clerk of the Court to which the Venue may be changed, and shall be read in evidence in the case in which it may be taken, subject to such restrictions, and formalities, as are now prescribed by law.

Sec. 2. And, be it further enacted, That when the venue has been changed in any real action, and judgment had and rendered, in favor of the Plaintiff, it may be lawful, and it is hereby required, that the Clerk of the Court where such judgment shall be rendered, shall issue the writ of Habere Facias Possessionem in favour of the plaintiff, directed to the Sheriff of the county where the action originated, any law, usage or custom, to the contrary notwithstanding.

GABRIEL MOORE,

Speaker of the House of Representatives.

JAMES TITUS.

President of the Legislative Council

Approved- 13th February, 1818,

WM. W. BIBB,

Governor of the Alabama Territory