An Act for the collection of monies due the 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 when any collector of the revenue or other person accountable for public money, shall neglect to pay the same into the treasury, by the time which by law, he shall be required to do, it shall be the duty of the Comptroller of public accounts, and he is hereby required immediately to institute suit for the recovery of the same, by notifying such delinquent collector or other person, his security or securities their executors, or administrators that he will by the Attorney General on such a day as shall be named in such notice, before the circuit court of Dallas county, move for judgment against him or them, and his security or securities for the amount due to the State. And service of such notice shall be made on the defendant or defendants by the Sheriff of the county, where the defendant or defendants may be found, at least fifteen days, previously to the day on which the motion shall be made; and it shall be the duty of the Sheriffs of the several counties respectively on the receipt of every such notice immediately and without delay to execute the same by serving the defendant or defendants with a copy thereof, and to return the original with an account of his proceedings on the back thereof, to the clerk of the circuit court of Dallas county, on or before the day appointed for such motion to be made; for which service the Sheriff shall be entitled to receive the same pay that is allowed for the service of writs and the notice so served and returned shall be deemed the leading process in the suit.
Sec. 2. And be it further enacted, That it shall be the duty of the Judge of the circuit court for the circuit, embracing the county of Dallas on the request of the Comptroller for that purpose made to hold a special session of said court, at the town of Cahawba, for the purpose aforesaid, and in such case the Judge shall issue his warrant under his hand and seal directed to the clerk of said court, who shall thereupon give notice to the Attorney General and the other officers of the court,
and shall issue all necessary process returnable to said special session, which process the Sheriffs of the several counties, respectively, to whom the same may be directed, shall be bound to execute under the same limitations and restrictions, as in the case of a regular court in course.
Sec. 3. And be it further enacted, That in every case of delinquency, where suit shall be instituted as aforesaid, a transcript from the books and proceedings of the Comptroller authenticated under the seal of his department, shall be admitted as evidence, and the court trying the cause shall be thereupon authorised to grant judgment for the amount due the State, together with fifteen per centum damages, and interest of eight per centum annum, from the day on which the same became due, and award execution accordingly. And all copies of bonds, contracts, and other papers, relating to or connected with the accounts between this State and any individual, when certified by the Comptroller to be true copies of the originals on file, an authenticated under the seal of his department as aforesaid, may be annexed to such transcripts, and shall have equal validity, and be entitled to the same degree of credit which would be due to the original papers if produced and authenticated in open court; Provided, that when suit is brought upon bond or other sealed instrument, and the delinquent shall plead "Non est factum," or upon motion to the courts, such plea or motion being verified by the oath of the defendant it shall be lawful for the court to take the same into consideration; and if shall appear to be necessary for the attainment of justice to require the production of the original bond, contract, or other paper, specified in such affidavit.
Sec. 4. And be it further enacted, That when suit shall be instituted as aforesaid against any person or persons indebted to this State as aforesaid, it shall be the duty of the court, to grant judgment at the return term on motion; unless the defendant shall in open court, the Attorney General being present, make oath or affirmation, that he is equitably entitled to credits which have not been allowed him, specifying each particular credit in the affidavit, and that the cannot then come safely to trial, oath or affirmation to this effect being made, subscribed and filed, if the court be thereupon satisfied, a continuance until the next succeeding term may be granted, but not otherwise; Provided, that in all cases where the defendant shall appear and contest the claim of the State, and demand the benefit of a trial by jury, the court shall instanter, empannel a jury, if at a special session, of by- standers to try the issue, and give judgment accordingly.
Sec. 5. And be it further enacted, That hereafter in all cases of insolvency, or when any estate in the hands of the executors, administrators or assignees, shall be insufficient to pay all the debts due from the deceased to the State, the debt or debts due to the State, shall be first satisfied; and any executor, administrator or assignee or other person, who shall pay any debt due by the person or estate, from whim or for which, they are acting previous to the debt or debts due to the State from such persons or estate, being first duly satisfied and paid, shall become answerable in their own person and estate, for the debt or debts so due to the State, or so much thereof as may remain due and unpaid, and actions or suites at law may be commenced against them for the recovery of said debt or debts, or so much thereof as may remain due and unpaid, in the proper court having cognizance thereof. Provided, that if the principal in any bond which shall be hereafter given to this State, shall be come insolvent, or if such principal being
deceased, his or her estate and effects, which shall come to the bands of his or her executors, administrators or assignees, shall be insufficient for the payment of his or her debts, and if in either of said cases, any surety, on the said bond or bonds, or the executors, administrators, assignees of such surety, shall pay to the State the money due upon such bond or bonds, such surety, his or her executors, administrators or assignees, shall have and enjoy the lie advantage, priority or preference, for the recovery and receipt of the said monies out of the estate of such insolvent or deceases principal, as are reserved and secured to the State, and shall and may bring and maintain a suit or suits upon the said bond or bonds, in law or equity, in his, her, or their own name or names, for the recovery of all monies paid thereon. And the cases of insolvency mentioned in this section shall be deemed to extend to cases in which the estate and effects of an absconding, concealed or absent debtor, shall have been attached by process of law.
Sec. 6. And be it further enacted, That if any bond, contract or other paper, relating to, or connected with any account between this State and any individual, has been or hereafter shall be, lost or mislaid, so that the same cannot be produced in court, it shall be lawful for the court to receive evidence of the fact, and of the contents of such bond, contract or other paper, and such evidence shall be entitled to the same degree of credit, which would be due to the original papers if produced and authenticated in open court.
Sec. 7. And be it further enacted, That nothing in this act shall be construed to repeal, take away or impair any legal remedy or remedies, for the recovery of debts now due or hereafter to be due to this State, in law or equity, from any person or persons whatever, or to defeat any suit or suits now pending in behalf of the State, against any person or persons whatever, which remedy or remedies might be used if this act was not in force.
Sec. 8. And be it further enacted, That where any person or persons shall have any claim against this State, and shall be desirous to institute suit for the recovery thereof, such persons or persons, may petition the supreme court setting forth in such petition the nature of such claim, and that he is desirous to have an investigation thereof, and the said persons or persons shall at the same time give notice of such petition to the Attorney General ; and it shall be the duty of said supreme court upon presentation of said petition to appoint any two of the Judges of said court to form a court for the trial of such suit and shall appoint a time as soon after the adjournment of the supreme court as may be for such trial to be had; and the clerk of the supreme court shall be the clerk of said court for the trial of said suit, and he shall issue all necessary process, which shall be served and returned by the proper officer or officers to whom the same may be directed as in other cases; and it shall be the duty of the Sheriff of Dallas county to attend said court, and execute all orders thereof, and of the Attorney General to attend said court in behalf of the State.
Sec. 9. And be it further enacted, That it shall be the duty of the court, to receive and record all testimony applicable to the merits of the case, and to give judgment for or against the State as to justice shall appertain, Provided, that if the plaintiff shall demand a trial by jury, the court shall thereupon empannel a jury of by-standers, and it shall be the duty of said jury in all cases to return a special verdict and in
that case, it shall not be the duty of the court to record the testimony; but the judgment of the court shall be rendered upon such verdict.
Sec. 10. And be it further enacted, That if the decision of the court shall be for the State, judgment shall be entered against the plaintiff for cost, and execution shall issue against him accordingly. But if judgment shall be rendered against the State, it shall be the duty of the clerk to make out two complete transcripts of the proceedings certified under his hand and seal, one of which he shall deliver to the Speaker of the House of Representatives, on or before the third day of the next succeeding session of the General Assembly, and shall deliver the other to the plaintiff in the suit; Provided, that nothing herein contained shall be so construed as to debar any person, having a claim against the State, from at any time laying the same before the General Assembly.
An Act to amend an act passed December 23d 1815, fixing a standard for measures.
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 of each county in this state, shall, immediately after the passage of this act, procure from Huntsville, St. Stephens or Mobile, one set of measures, according to the standard of measures provided for in the Mississippi territory: and the same shall be the lawful measures of the state of Alabama; that is to say, one half bushel, one peck, and one half peck, dry measure, to be made of good and durable wood;- Also, one set of liquid measures, that it is to say; One of a gallon, one of a half gallon, one quart, one pint, one half pint, and one gill, to be made of tin, pewter, or copper; which said measures shall be deposited in the clerk's office in each county, and kept by said clerks.
Sec. 2. And be it further enacted, That after the above named measures are procured, the clerk of each county court, as aforesaid, shall make known the same, by advertisement at the door of his respective court house or place of holding court. And all persons, who shall hereafter keep measures for the purpose of selling by said measures, shall present all such measures to the clerk, who shall examine the same, and, on finding, them to agree with the measures herein directed to be procured, shall stamp or brand the same with the initials A.S. And the said clerk may claim and receive twelve and a half cents for each measure so branded or stamped. Provided, nothing in this act shall be so construed, as to operate on any measure or weight heretofore tried by said standard of weights and measures, and stamped under the laws of the Alabama Territory.
Sec. 3. And be it further enacted, That from and after the first day of June next, if any person within this state shall sell by any other measures than those pointed out by this act he or she shall for every such offence pay the sum of ten dollars to be recovered before any Justice of the peace in the county where such offence may be committed; and the sum so recovered shall be paid over to the person suing for the same.
Sec. 4. And be it further enacted, That the clerks of the several county courts are hereby made the keepers of the measures herein named; and before they are either of them enter on the duties of that office, they shall take and subscribe the following oath, to be adminis-
tered by any Justice of the peace of said county : "I---------------- do solemnly swear, that I will in all things act with justice and faithfulness in my appointment as keepers of the measures for said county, according to law and to the best of my skill and judgment; so help me God."
Sec. 5. And be it further enacted, That all expenses that may be incurred in procuring said measures for the several counties in this state, shall be paid by the Treasurer of the county to the clerk for procuring the same. And this act shall continue in force until altered by the state or until the United States shall pass a law fixing a standard for measures.
An Act to provide for a renewal of the loan effected in the Planters and Merchants Bank of Huntsville, for and in behalf 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 the Honorable Thomas Bibb, acting Governor of the state, and his successors in office, be, and he is hereby authorized, and directed to arrange and effect with the Planters and Merchants Bank of Huntsville, a renewal and continuance of the loan of ten thousand dollars procured from the said Bank by his Excellency William W. Bibb, late Governor of this state, in pursuance of a joint resolution of the General Assembly at their last session.
Sec. 2. Be it further enacted, by the authority aforesaid, That the said loan of ten thousand dollars, which will become due from this state to the said Bank, on the twenty fourth and twenty seventh days of December next, shall be renewed as aforesaid in behalf of this state for and during the year one thousand eight hundred and twenty one, and that so much as may be necessary of the tax due from the said Bank of Huntsville to this state, amounting to seven hundred and forth two dollars and seventy five cents, shall be applied to the payment of the sum which will become due to the said bank on the renewal of the said loan of ten thousand dollars; and that the balance, if any, shall be applied to further renewals or to the payment of the principal of said loan.
Sec. 3. And be it further enacted by the authority aforesaid, That so much as may be necessary of the revenue of this State, for the year one thousand eight hundred and twenty one and all monies in the treasury, not otherwise appropriated, shall be pledged for the payment of the said renewal loan of ten thousand dollars, to the said Planters and Merchants Banks of Huntsville.
An Act giving jurisdiction over water courses.
Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the jurisdiction over all rivers not included in the bounds of any county in this state, is hereby given to the county or counties, whose jurisdiction now extends to the margin thereof. And it shall be lawful for the proper officer to execute any process to him directed, on the body or property of the defendant therein named as well on said river as in other parts of such county or counties. All process thus executed shall be as valid, as if executed in the body of the county --This act shall commence and be in force from and after the passage thereof.