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AN ACT

Amendatory of an Act, entitled "An Act regulating Escheats in this State, and to appoint Escheators;" 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 so much of the act, entitled "An act to regulate Escheats, in this state, and to appoint Escheators," passed at the last session of the General Assembly, as requires the Judges of the several County Courts to give bond, with security, in a sum not less than ten thousand dollars, con-

 


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ditioned for the faithful performance of the duties of the office of Escheator, be, and the same is hereby, repealed; and that immediately after the passage of this act the duties of Escheator shall be, and the same are hereby, annexed to those of the Judges of the County Courts, exofficio, and under the same official sanctions and obligations.

(Approved, December 15, 1824.)

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AN ACT

To repeal an act, entitled "An Act to establish regular Justices Courts in this State,"  passed the 30th December 1823.

Section 1. Be it enacted by the Senate and House of Representatives of the state of Alabama in General Assembly convened, That the act, entitled "An Act to establish regular Justices' Courts in this State," passed the thirtieth December, one thousand eight hundred and twentythree, be, and the same is hereby repealed-- and that all laws, and parts of laws, repealed by the law which this is intended to repeal, be and the same are hereby revived.

Sec. 2. And be it further enacted, That this act shall take effect from and after the first day of February next. Provided, that all business commenced under the provisions of the act hereby repealed, shall go on to final decision in the same manner as if this act had not passed.

(Approved, December 22, 1824.)

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AN ACT

Giving further time in which executions shall be made returnable when issued by justices of the peace, from one county to another.

Sec. 1. Be it enacted by the Senate and House of Representatives of the state of Alabama in General Assembly convened, That all justices of the peace in issuing executions to counties, other than such as they may reside in, are hereby authorized and required to make the same returnable within any period of time, not less than thirty nor more than ninety days, any law to the contrary notwithstanding.

Sec. 2. Be it further enacted, That in all cases of executions running from one county to another, it shall be the duty of any Justice of the Peace of the county to which such execution may be directed, upon having the same presented for that purpose, and upon  being satisfied of the hand writing of the Justice of the Peace issuing such executions, to certify the same, which shall be sufficient evidence of the authenticity thereof.

[Approved, December 24, 1824.]

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AN ACT

To regulate the mode of taxing costs on appeals, taken from the decision of the justices of the peace to the circuit and county courts, in this state.

Section 1. Be it enacted by the Senate and House of Representatives of the state of Alabama in General Assembly convened, That whenever the defendant or defendants in any cause that shall have been decided by a justice of the peace, shall appeal from the judgment of such justice, and the appellate court shall render judgment in favor of the plaintiff or

 


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plaintiffs for a less sum than that recovered before such justice; such appellate court may enter judgment for the costs of such appeal, either against the plaintiff or plaintiffs or against the defendant or defendants, according to the justice of the case.

Sec. 2. And be it further enacted, That no appeal shall be tried unless it appear to the court that the appellee, his agent or attorney, shall have had five  days notice of such appeal  previous to the term at which the same shall be tried, or unless the return of non est inventus  be made by the constable on the notice issued by the justice, and for  want of such notice or  return, the cause shall stand for trial at the ensuing term.

Sec. 3. And be it further enacted, That on all appeals taken the justice shall issue a notice to the appellee of the same, which shall be served and returned by the constable and sent up with the papers, for which the justice shall have twentyfive cents, and the constable fifty cents.

Sec. 4. And be it further enacted, That all acts and parts of acts contrary to the provisions of this act, be, and the same are hereby repealed.

(Approved, December 24, 1824.)

_________

AN ACT

To regulate the sale of slaves by Constables.

Section 1. Be it enacted by the Senate and House of Representatives of the state of Alabama in General Assembly convened, That hereafter all slaves levied on by any constable by virtue of an execution issued by a justice of the peace, shall be sold at public auction, at the court house door, or at the place of holding court in the county in which such execution may issue, on the days and hours prescribed by law for the sales of slaves by sheriffs.

Sec. 2. And be it further enacted, That it shall be the duty of the constable to give at least twenty day's notice in three or more public places in his county, one of which to be at the court house door, of the time and place of selling such slave, with a description of such slave to be sold.

Sec. 3. And be it further enacted, That the constable, for levying and selling such slave, shall be entitled to the same compensation allowed by law to sheriffs for similar services: Provided, nevertheless, That the provisions of this act requiring slaves; levied on by executions issuing from justices of the peace, to be sold at the court houses in the respective counties, shall not extend to the parts of Lawrence and Franklin counties, in this state, north of the line dividing townships numbers five and six: but that slaves levied on by executioner issuing from justices of the peace in said counties of Lawrence and Franklin, and belonging to defendants residing north of said township line, shall be sold if in the county of Lawrence, on the public square in the town of Courtland; and if in the county of Franklin, on the public square in the town of Tuscumbia.

[Approved, December 24, 1824.]

 


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AN ACT

To regulate pleadings at Common Law.

Section 1. Be it enacted by the Senate and House of Representatives of the state of Alabama in General Assembly convened, That no cause shall hereafter be reversed, arrested or otherwise set aside, after verdict or judgment, for any matter on the face of the pleadings not previously objected to: Provided, the declaration contains a substantial cause of action, and a material issue be tried thereon.

Sec. 2. And be it further enacted, That no demurrer shall have any other effect than that of a general demurrer, and that the courts at any time previous to the term at which such demurrer shall stand for argument may allow the party on application to amend his pleadings without terms and after judgment in favor of the demurrer may authorise an amendment on terms. And if the demurrer be overruled, the court shall grant leave to the party demurring to withdraw the demurrer and plead to the merits of the action, upon such terms as the justice of the case may require.

Sec. 3. And be it further enacted, That all demurrers to any part of the pleadings in suits at law shall be tried when the cause is called for trial, and shall not be delayed until motion day or the four last days of the term. And it shall be the duty of the circuit and county courts, respectively, to hear and determine, at each and every term, all motions for the dissolution of injunctions.

Sec. 4. And be it further enacted, That no cause shall hereafter be reversed by the supreme court or any circuit court, for any miscalculation of interest, or other clerical misprision in entering judgment so as to five costs to the plaintiff in error, but in all such cases the supreme court may order the judgment to be amended at the costs of the plaintiff in error.

Sec. 5. And be it further enacted, That the circuit and county courts, respectively, shall and may at any time within three years after final judgment, upon the application of either party, amend any clerical error or misprision in calculation of interest, or other mistake of a clerk, where there is sufficient matter apparent upon the record to amend by, and no cause shall be reversed for any such error of defect, by the supreme court, unless the court of original jurisdiction, where the same was determined, shall upon application refuse the amendment.

[Approved, December 24th, 1824.]

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AN ACT

To repeal in part an act regulating the fees of Justices, Constables and Lawyers, and to ascertain the fees that said officers are hereafter to receive.

Section 1. Be it enacted by the Senate and House of Representatives of the state of Alabama in General Assembly convened, That all after the first section of an act, entitled an act regulating the fees of Justices, Constables and Lawyers, passed December 31, 1823, be, and the same is hereby, repealed.

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Sec. 2. And be it further enacted, That hereafter it shall not be lawful for justices of the peace to demand  or receive any other fees for the services hereinafter enumerated than such as are hereinafter mentioned, viz. For celebrating the rights of matrimony, two dollars; for a warrant for apprehending a criminal, thirty-seven and a half cents; for a search or peace warrant, twenty-five cents; for a mittimus or recognizance, twenty-five cents; for warrant and proceedings thereon to judgment, thirty-seven and a half cents; for a warrant in qui tam cases and proceedings thereon to judgment, fifty cents; for every subpoena for witnesses twelve and a half cents; for an execution, twelve and a half cents; for attachments, taking bond and affidavit, one dollar; for summons for garnishee and taking examination thirty-seven and a half cents; for judgment and order of sale on attachment, twenty-five cents; for hue and cry, twenty-five cents; for each appeal, including bond and certifying proceedings, seventy-five cents; for administering an oath and certifying the same, twelve and a half cents; for taking deposition, by virtue of a dedimus potestatum, for every hundred words, ten cents; for every necessary certificate, not otherwise provided for, twenty-five cents.

Sec. 3. And be it further enacted, That hereafter it shall not be lawful for constables to demand or receive any other fees then such as are hereinafter mentioned, viz. for serving a warrant in civil cases, fifty cents; for summoning each witness, twenty-five cents; for serving search or peace warrant, fifty cents; for carrying a criminal to jail, per mile, ten cents; for levying an attachment, seventyfive cents; for summoning a garnishee, fifty cents; for levying an execution, fifty cents; for making money on an execution, fifty cents; for conveying a debtor to jail, fifty cents; for whipping a slave (to be paid by the owner) by order of a justice of the peace, one hundred cents; for summoning a coroner's inquest, to be paid by the county, two dollars; for attending court when summoned by the sheriff, to be paid by the county, per day, one dollar and fifty cents.

Sec. 4. And be it further enacted, That all acts and parts of acts contrary to the provisions  of this act, be, and the same is hereby repealed; and that this act shall be in force from and after the passage thereof.

[Approved, December 24, 1824.]

_________

AN  ACT

Giving additional remedy against Constables.

Section 1. Be it enacted by the Senate and House of Representatives of the state of Alabama in General Assembly convened, That any constable who shall fail to return any execution  sued by a justice of the peace, and delivered to said constable, to said justice issuing the same on or before the day on which such execution is made returnable, it shall be lawful for the plaintiff in said execution, his agent or attorney, to move said justice of the peace issuing the said exe-


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cution, after having given three days notice of the time and place of making said motion, to said constable or his security of securities, for judgment against said constable and his securities for the amount for which said execution issued, with interest thereon from the day  on which the judgment on which said execution  issued, was granted to the day of making said motion, together with costs of said motion; whereupon it shall be the duty of the said justice of the peace who issued said execution, to render judgment against said constable and his security or securities, according to the above provision.

Sec. 2. And be it further enacted, That any constable who shall collect all or any part of an execution, issued by a justice of the peace, and shall refuse or fail to pay said money so collected, to the plaintiff in said execution, his agent or attorney, on demand, shall forfeit and pay to said plaintiff ten per centum per month on the sum collected as aforesaid and at that rate for a greater or less sum, or a  longer or shorter time; and it shall be lawful for the plaintiff in said execution, on giving to said constable or his security or securities, three days previous notice of the time and place of making such motion, move for and obtain judgment against said constable and his security or securities, before the justice of the peace who issued said execution, for the amount of money collected as aforesaid, together with said ten per centum per month as aforesaid: in cases where the addition of ten per centum per month to the money collected as aforesaid, will not exceed the sum of fifty dollars, and in cases where the  addition of ten per centum per month to the money collected as aforesaid, will  exceed the sum of fifty dollars, the said motion against the said constable and his securities, shall be made to, and judgment rendered by either the circuit or county court of the county in which the justice resided, who issued the said execution, or, giving the constable or his security or securities three days previous notice of the time and place of making  such motion; which judgment rendered as aforesaid shall hear interest at the rate of five per cent. per month  from the rendition of judgment until the same be paid, and the execution issued on the said judgment shall, in the body thereof; express that the said judgment on which it issued, bears said five per centum per month.

Sec. 3. And be it further enacted, That any judgment rendered, as authorized by this act, shall not be stayed as judgments of justices of the peace are now authorized by law to be.

[Approved, December 24, 1824.]

_________

AN ACT

To alter the time of  holding the next Circuit Court of  Lawrence county.

Section 1. Be it enacted by the Senate and House of Representatives of the state of Alabama in General Assembly convened, That the next circuit court for the county of Lawrence, in

 


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this state, shall he held at the court house, in the town of Moulton, on the third Monday of February next, instead of the third Monday in March next, as now February next, by law, and shall continue from day to day for twelve judicial days, unless the business of said court shall sooner be disposed of.

Sec. 2. And be it further enacted, That all suits civil and criminal, motions and other business, which would stand for trial, transaction and determination at the circuit court for the said county of Lawrence, to commence on the third Monday in March next, were it not for the passage of this act, shall stand for trial, transaction and determination at the said circuit court of Lawrence county, to commence on the third Monday in February next, by force and virtue of this act.

Sec. 3. And be it further enacted, That all recognizances, writs, subpoenas, and other process, which now are or may hereafter be made returnable to the said circuit court of Lawrence county, on the third Monday in March next, shall, by force and virtue of this act, be returnable to the circuit court for said county of Lawrence on the third Monday in February next, and all parties, witnesses, and jurors required, summoned or recognized to appear at said circuit court on the third Monday, in March next, shall, by force and virtue of this act, be bound to attend said circuit court on the third Monday in February next.

[Approved, December 24, 1824.]

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AN ACT

To authorize the resident Judge of the third Judicial Circuit to hold an intermediate Court in Blount County, 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 the resident Judge of the third judicial circuit be, and he is hereby, authorized and required to hold an intermediate court in the county of Blount, for the sole purpose of trying all suits which may have been transferred from other circuits to the circuit court of Blount county; and he is hereby authorized and required to proceed to try and dispose of all such cases, under the same rules and regulations as are now prescribed bylaw at the regular terms of said circuit court of Blount county: Provided, That if the suits which have been transferred to Blount circuit court from other circuits, in conformity to "An act to authorize a change of venue in chancery causes in certain cases," passed December thirty-first, eighteen hundred and twentytwo, shall be disposed of and tried at the next terns of said circuit court, and in that case the said intermediate court hereby required, shall not be held: and,  Provided, also,  That the circuit Judges of this state shall so arrange their interchange of circuits as to prevent any Judge who may be disqualified by law from trying said suits, which have been transferred to said court from riding said circuit until said suits are determined.

 


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Sec. 2. And be it further enacted,  That all orders, decrees and proceedings in said cases shall be had, and are hereby made as binding on the parties, as if the same had been done at the regular term of said circuit court.

[Approved, December 24, 1824.]

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AN  ACT

To authorize Judges of the County Courts to practice Law out of the County in which they may reside.

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, such Judges of the county courts as have been licensed to practice as attorneys  at law in this state, shall be, and they are hereby, authorized to practice law in the several courts of this state: Provided, That they shall not be absent at the time of holding any court, or on any return day, required by law for them to hold or appoint.

(Approved, December 20, 1824. )

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AN ACT

Providing for an extra term of the Circuit Court of Mobile and Baldwin Counties.

Section 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 first judicial circuit of this state, be, and he is hereby, authorized and required to hold a special term of the circuit court of Mobile county, for hearing and determining all pleas which were pending, in the said court on the third Monday after the fourth Monday of October last, and which at the period hereinafter mentioned, shall be yet pending and undetermined in the said court; and that the said special term shall commence on the fourth Monday of January next, and shall not continue more than twelve judicial days.

Sec. 2. And be it further enacted, That it shall and may be lawful for the said court, at the said special term thereof, to do and transact all business that the said court might lawfully have done and transacted at the last regular term thereof.

Sec. 3. And be it further enacted, That the Judge aforesaid, be, and he is hereby, authorized to hold a special term of the circuit court of Baldwin county, for hearing and determining all pleas which were pending in the said court on the fifth Monday after the fourth Monday of October last, and which, at the period hereinafter mentioned, shall be yet pending and undetermined in the said court; and that the said special term shall commence on the second Monday after the fourth Monday of January next, and may continue for six judicial days, and not longer.

Sec. 4. And be it further enacted, That it shall be lawful for the said court, at the said special term thereof, to do and transact all business that the said court might lawfully have done and transacted at the last regular term thereof.

[Approved, December 22, 1824.]

 


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AN ACT

Supplemental to an Act, entitled "An Act to authorize an extra term of the Circuit Court of Mobile and Baldwin counties," passed during the present session of the General Assembly.

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 to sue out, and make returnable to the circuit court of Mobile and Baldwin counties, respectively, at the special term thereof authorized by the act to which this is supplemental, all writs and other process, and to serve all notices, in the same manner and under the same rules that such writs or other process might have been sued out, or such notices served, and made returnable to the said court at the last regular term thereof; and that the said court may, at the said special tern thereof, hear and determine all motions which may then be made before it, in the same manner and under the same rules that the same might have been heard and determined at the last regular term thereof.

Sec. 2. And be it further enacted, That it shall and may be lawful for the sheriffs of the said counties, respectively, to draw jurors, to serve at the said special term, in the manner prescribed by law, at any time not less than ten days before the commencement of the said special term of the said courts, respectively, and to summon the persons so drawn as jurors, to serve as such, according, to the laws now in force.

[Approved, December 23, 1824.]

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AN ACT

To alter the time of holding the County Courts of Lawrence and Jackson Counties.

Section 1. Be it enacted by the Senate and House of Representatives of the state of Alabama in General Assembly convened, That the county court of Lawrence county, in this state, shall hereafter commence its January session,  in each and every year, on the fourth Monday in January, instead of the first Monday in January, as heretofore;  and that all writs, subpoenas, and other process, which now are, or may at any tine between this and the first Monday in January next, be made returnable to the said county court of Lawrence at the time now fixed by law for the holding thereof be, by virtue of this act, returnable to the fourth Monday in January next; and that all parties and witnesses served with process to appear at said county court on the first Monday in January next, be bound to attend said court on the fourth Monday in January next.

Sec.  2. And be it further enacted, That all trials shall be had, pleas heard and determined, and all and every other kind of  business  done and transacted at the county court of said county, which, by this act, is to commence its session on the fourth Monday in January next, which would have stood for trial, transaction and determination, at said county court commencing on the first Monday in January next previous to the passage of this law.

 


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Sec. 3. And be it further enacted, That so much of the third section of an act, entitled "An act to repeal in part and amend an act entitled an act to regulate the proceedings in the courts of law and equity in this state,"  passed June fourteenth, eighteen hundred and twentyone, as requires the county court of Lawrence county to commence its session on the first Monday in January in each year, be, and the same is hereby, repealed.

Sec. 4. And be it further enacted, That the county court of Jackson county shall, hereafter, commence its session on the third Monday, in February and August, instead of the second Monday in February and August, as heretofore; and that all writs, subpoenas, and other process, which now are or hereafter may be made returnable to said county court of Jackson county, at the time now fixed by law, be made returnable to the said court at the time fixed by this act, and that all parties and witnesses served with process to appear at said county court, on the three heretofore prescribed by law, be required to appear at the times fixed by this act.

Sec. 5. And be it further enacted, That all trials shall be had, pleas  heard and determined, and all and every other kind of business done and transacted, at the county court of the said county of Jackson, which, by this act, is to commence its session on the third Monday in February and August, which would have stood for trial, transaction and determination at said county court commencing on the second Monday of February and August.

[Approved, December 2, 1824.]

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AN  ACT

To authorize the Judge of the county court and commissioners of revenue and roads of Marengo county, to levy a tax to build a Courthouse and Jail.

Section 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 and commissioners of revenue and roads of Marengo county, be and they are hereby authorized and required to lay a tax on all persons and property in said county subject to taxation, not exceeding onefourth of the state and county tax, which shall be collected by the tax collector, in the same manner, and for the same compensation that the county tax is collected, and paid into the county treasury.

Sec. 2. And be it further enacted, That the commissioners appointed to contract for and superintend the building of a Courthouse and Jail for the county of Marengo, be and they are hereby authorized and required to draw an order or orders on the treasury, and, appropriate for the building such Courthouse and Jail as may have been contracted for, or as may hereafter be contracted for, all monies that shall be collected in pursuance of the preceding section.

Sec. 3. And be it further enacted, That the Judge of the county court and commissioners aforesaid, be, and they are

 


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hereby authorized to levy tire aforesaid tax, from year to year, until a sufficient sum be raised to defray the full amount of the expences incurred in completing the building of the Courthouse and Jail for said county, and the amount of said tax shall be expressly set apart, and kept separate for the purpose aforesaid.

[Approved, December 24, 1824.]

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AN ACT

To authorize the county court of Bibb county to appoint some person to transcribe certain records of said court, 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 it shall and may be lawful for the judge of the county court of Bibb county, to appoint some capable and discreet person to transcribe such part of the records, minutes and proceedings of the county court, the orphan's court and commissioners' court of said county, as he may deem necessary; and cause the same to be correctly entered in a fair hand, in substantial well bound books to be provided for that purpose.

Sec. 2. And be it further enacted, That the person so appointed before he enters upon the discharge of his duties, shall, before the judge of the county court or some justice of the peace, take and subscribe the following oath, viz. I, A.B. do, solemnly swear that I will honestly and faithfully transcribe such part of the records, minutes and proceedings of the county court, the orphan's court, and commissioner's court, as may be committed to me by the judge of the county court, and that I will correctly and truly enter the same in the books provided for that purpose, to the best of  my skill and ability so help me God: which oath the Judge shall cause to be filed in the Clerk's office.

Sec. 3. And be it further enacted, That as soon as the said records, minutes and proceedings, shall be transcribed into the books provided for that purpose, it shall be the duty of the judge of the county court to examine the same and compare them with the original books, and if the same be found to be correctly entered in the books provided for that purpose, it shall then be the duty of the judge of the county court to certify the same upon the record, under his hand and seal; and the said books shall afterwards be considered the true and authentic records of the clerk's office of the county court: Provided, nevertheless, That the original manuscripts and books shall be kept and preserved in said office.

Sec. 4 And be it further enacted, That the person who may be appointed to transcribe the said records, shall be entitled to such compensation for the same as may be allowed him by the judge of the county court and commissioners of roads and revenue, to be paid out of the county treasury.

(Approved, December 25, 1824)