ACTS OF ALABAMA

AN ACT

To class and fix the price of the University Lands.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the lands belonging to the University of this State, shall be divided into three classes, according to quality, situation, and other circumstances regulating their value; the said classification to be made by three capable and discreet persons, to be chosen for each Judicial Circuit by joint vote of both houses of the General Assembly, at the present session; who, before entering on the duties of their appointment, shall take and subscribe an oath, to be filed in the office of the Clerk of the Circuit Court for the County in which such person may reside, faithfully to discharge the duties required of them by this act, and to return the said classification, when completed, to the President of the Board of Trustees.

SEC. 2. And be it further enacted, That the minimum price of lands of the first quality, shall thereafter be seventeen dollars per acre; of the second quality, twelve dollars per acre; of the third quality, eight dollars per acre.

SEC. 3. And be it further enacted, That so soon as the said classification of the lands aforesaid shall be completed, and returned as herein required, it shall be the duty of the President of the Board of Trustees to advertise the same in the three or more of the most public newspapers printed in this State; and also to offer the lands so classed at public auction, in such quantities, at such places, and at such times within the present year, as he may deem most conductive to the interest of the institution. And all lands not disposed of at such public sales, shall thereafter be subject to be entered at the minimum rates established by said classification: Provided, that nothing in this act shall be so constructed as to effect the lands reserved by the act passed at the present session, entitled an act to reserve from sale the lands belonging to the University, in the county of Tuscaloosa.

SEC. 4. And be it further enacted, That the persons appointed under this act, shall be entitled to receive, while employed in classing the said lands, the sum of three dollars per day, to be paid out of the University funds, on the order of the President of the Board of Trustees, who is hereby required to draw for the sum, in favour of each of the persons appointed by this act, so soon as the classification shall be completed and returned to him, as herein before required.

Approved, January 13, 1825.


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AN ACT

To amend the Charter of the Bank of the State of Alabama.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That it shall be the duty of the Senate and House of Representatives at every session, each and separately, to elect a joint committee, consisting of three members from each house, who shall, under the injunction of secrecy, be invested with full powers to make a thorough examination of all the books and papers, of what nature or kind soever they may be, belonging to the said Bank; of the specie and notes on hand; of the notes discounted; the applications for discount: and the said committee shall, in addition, be further invested with all the powers which the twelfth section of "An act to establish the Bank of the State of Alabama," may now confer on the joint committee of both houses of the General Assembly.

Sec. 2. And be it further enacted, That it shall be the duty of the said committee to report to the General Assembly, the amount of specie and notes on hand; the amount of notes discounted, and each and every case (if any there be) of a violation of the Charter; of mismanagement of the concerns of said Bank; or of fraud or imposition, practiced by borrowers or others on the directors or officers of the institution: Provided however, that nothing herein contained shall imply the right of said committee to report to the General Assembly the situation of any private debtor or creditor of the Bank, or the name of any private debtor or creditor, unless their situation or names are palpable connected with some imputed violation of the charter, mismanagement in the concerns of the Bank, or of some situation: Provided also, that the said report shall be received with closed doors in each house of the General Assemble; nor shall there be a private or public disclosure of the same, unless both houses shall concur in the reports of their respective committees, or the disclosure shall only extend to such parts of such report as to which both houses may have concurred with their respective committees; nor then, unless both houses shall separately agree to remove the injunction of secrecy from the members respectively.

Sec. 3. And be it further enacted, That the injunction of secrecy imposed on the committee as aforesaid, shall not be removed, except by a joint resolution of both houses of the General Assembly.

[Approved, January 2, 1826.]

AN ACT

To authorize Clerks and Magistrates to collect costs 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 the clerks of the several circuit and county courts, and the justices of the peace in the several counties in the state, are hereby authorized, whenever any sheriff, coroner or constable shall return on an execution, directed to them or either of them, that the defendant in said execution has not property in his county, out of which he can make the amount of costs due on said execution, forthwith to issue execution against the plaintiff in said execution, for all costs due on said execution, created by the plaintiff in obtaining his judgment and execution; and no costs created by any defendant on the part of the defendant shall be taxed or collected in said execution.

(Approved, January 13,1826.)


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AN ACT

To regulate the Navigation of certain Rivers in this State by Steam-Boats.

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, it shall not be lawful for any steam-boat to ply for freight or passengers between either of the ports of Mobile or Blakeley, and any of the towns, landings, or places on either of the rivers Mobile, Alabama, Tombeckbee, or their tributaries, without having previously undergone a thorough survey and examination by the board of harbor-master are wardens of the port of Mobile, and been found, in all respects, staunch well provided, and river-worthy for the space of at least one year thereafter: And the said board of harbor-master and wardens are hereby authorized and required to make such survey and examination, at least once in every year, or oftener if in the opinion of said board the same may be proper; and to charge and receive for each and every such survey and examination the sum of ten dollars: And if upon such survey and examination, the said board shall be satisfied, that the boat, so examined, is staunch and well found, both in hull and machinery, and, in all respects, well found and river-worthy for one year thereafter, it shall be the duty of said board to grant a certificate thereof, and to enter the dame of record in the port- wardens’ office.

SEC. 2. And be it further enacted, That if the owner, agent, consignee, or master of any steam-boat, shall, after the passage of this act, ply any such steam-boat, on either of the aforesaid waters, without having first obtained a certificate for such boat, as herein required, such owner, agent, consignee and master, shall severally be liable for all damages which may occur to property shipped on such boat, in consequence of any casualty arising from the dangers of the river navigation, or from any accident to the engine or machinery of such boat.- And in all suits for damages, arising under this act, the onus probandi, or burthen of proof, shall rest upon the carrier: and the certificate of the board of harbor-master and wardens aforesaid, duly authenticated under their seal, shall be legal evidence of the transactions of the said board.

SEC. 3. And be it further enacted, That the harbor-master and wardens aforesaid, or any three of them, shall be surveyors of damaged property, brought into the port of Mobile, in any steam-boat barge, or other craft; and they shall, upon every such survey, certify, under their hands, the amount of damages which any owner or shipper of such property may have sustained, and shall cause entries to be made, in a book to be kept for that purpose in their office, of all surveys made and certificates granted under this act; which surveys and certificates, duly authenticated by the official seal of the state; and for each survey, certificate and entry, they shall be entitled to two dollars, and for every duplicate thereof, one dollar; and the said wardens shall severally be entitled, for their services as surveyors of damaged property aforesaid, at the rate of three dollars per day.

SEC. 4. And be it further enacted, That this act shall not be construed to exempt the owner or master of any steam-boat from a recovery of damages, for the loss or damage of any article taken on board of said boat, according to the law in force before the passage of this act.

(Approved, January 12, 1826.)


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AN ACT

For the better selecting, drawing and summoning jurors.

Section 1. Be it enacted by the Senate and House of Representatives of the state of Alabama, in General Assembly convened, That immediately after the Sheriff of any county shall have returned to the Clerk of the circuit court, in and for such county, the list of freeholders and householders within his county, it shall be the duty of the judge of the county court in and for said county, the commissioners of revenue and roads, the clerk of the circuit court and sheriff of the said county, to assemble at the court-house of said county, on a day to be appointed by the clerk of said circuit court, and to select from the list of freeholders and householders, returned by the sheriff, such persons as they or a majority of them may deem qualified to serve on juries, and the names of the persons so selected shall be put into a box to be kept by the clerk for that purpose; and the persons who shall be selected in manner aforesaid, shall be liable to serve on juries, and shall be chosen in the manner now prescribed by law.

Sec. 2. And be it further enacted, That it shall be the duty of the clerk of the circuit court in each county, immediately after the sheriff shall have returned to him a list of the freeholders and householders, to give notice of the time by him appointed to the persons who are by this act required to assemble; and if in any county, the judge of the county court, the clerk f the circuit court, the sheriff of the county and the commissioners of revenue and roads, shall fail to select persons to serve on juries in the manner directed by this act, then and in that case, the juries for such county shall be chosen in the manner prescribed by law, prior to the passage of this act.

[Approved, Jan. 14, 1826.]

AN ACT

To repeal an act entitled an act the more effectually to ensure the testimony of absent witnesses by interrogatories.

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 the more effectually to secure the testimony of absent witnesses by interrogatories, passed on the twentieth day of December, eighteen hundred and twenty-four, be, and the same is hereby, repealed: Provided, however, That nothing contained in this act, shall be so construed, as to prohibit the courts of this state from receiving, as evidence, any testimony, that may have been legally taken by interrogatories, in pursuance of the act, which is hereby repealed.

(Approved, January 10, 1826.)

AN ACT

To repeal in part and amend an act, entitled "An act restricting officers from taking commission on costs collected by them on executions," passed December 31, 1823.

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 before recited act as prohibits sheriffs from executing precepts, issued by justices of the peace, of forcible entry and detainer, be, and the same is hereby, repealed.

SEC. 2. Be it further enacted, That it shall be the duty of sheriffs to execute all such precepts of forcible entry and detainer, issued by justices of the peace, under the same rules and regulations that they were under, before the before recited act was passed; all laws to the contrary notwithstanding.

(Approved, Jan. 12, 1826.)


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AN ACT to alter and extend the time of holding certain Circuit Courts therein named, 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 the circuit court of Jefferson county shall be held on the fourth Monday after the fourth Monday in February and September as heretofore established by law, and may continue two weeks.

SEC. 2. And be it further enacted, That the circuit courts of St. Clair county shall hereafter be held on the sixth Monday after the fourth Monday in February and September, which may continue one week; and in the county of Shelby, on the seventh Monday after the fourth Monday in February and September, which may continue one week.

SEC. 3. And be it further enacted, That all process and precepts, of whatsoever nature, which may have been issued, or may hereafter issue, returnable to any of the terms of the said courts as heretofore established, shall be returned to the respective terms of said courts as established by this act.

SEC. 4. And be it further enacted, That it shall be the duty of the clerk and sheriff of Jefferson county to draw, in the manner heretofore prescribed by law, thirty-six jurors for the first week, and twenty-four jurors for the second week, of the circuit court of said county, any low to the contrary notwithstanding; that an intermediate term of the circuit court shall, and is hereby, required to be held in and for the county of Jefferson, on the eighth Monday after the fourth Monday of February next, to continue until all the cases are tried or disposed of, that may not be tried or disposed of at the regular term as fixed by law, in the same manner as if the same had been done at the said term.

SEC 5. Be it further enacted, That there shall be drawn and summoned, at the first term of the circuit court to be held after the passage of this act, twenty-four jurors, to attend the said intermediate term of said court, in the manner now prescribed by law.

(Approved, January 14, 1826.)

AN ACT for the adjustment of outstanding accounts, and to compel the payment into the Treasury of monies heretofore and now detained by public defaulters, and which may hereafter be detained.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That it shall be the duty of the comptroller of public accounts of this state, to adjust and settle all public accounts which are now of hereafter may remain due and unpaid, for the space of one year, and to publish in some newspaper published at the seat of government a list of the names of the respective defaulters and the amount due to the state from each, how the debt accrued to the state, and when the same became due and payable.

Sec. 2. And be it further enacted, That from and after the passage of this act, it shall not be lawful for the comptroller or treasurer to pay to any public defaulter any sum of money which may be due to such defaulter, for his salary, per centage or commission, but that it shall be the duty of the comptroller and treasurer to retain the monies due the state from all public defaulters; and at the expiration of every year, to apply the sum or sums so due from any public defaulter or defaulters to their credit, till the whole debt and interest so due shall be fully paid and satisfied.

(Approved, January 12, 1826.)


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AN ACT to amend the act entitled an act regulating judicial proceedings, 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 regulating judicial proceedings in certain cases, and for other purposes, passed December eighteenth, one thousand eight hundred and eleven, as provides that no executor or administrator shall be liable out of their individual estate for not pleading, mispleading, or false pleading in, or to any action whatever, which may be brought against them as such, be, and the same is hereby repealed.

Sec. 2. And be it further enacted, That no security for an executor or administrator shall be chargeable beyond the assetts of the testator, or intestate, on account of any omission, or mistake, in pleading of the executor or administrator.

Sec. 3. And be it further enacted, That the appointment of a debtor executor, shall in no case be deemed an extinguishment of the debt, unless it be so directed in the will.

Sec. 4. And be it further enacted, That if any person shall die after the first day of January, the servants and slaves of which he was possessed, whether held for life or other interest, and which were employed in making a crop, shall be continued on the plantation in the occupation of the decedent, at the time of his death, until the last day of December following, and then delivered to those who shall have a right to demand the same; and their crops shall be assetts in the hands of the executors and administrators, subject to debts, legacies, and distribution; the levies and taxes, their tools, the expense of feeding them and their families to that time, and delivering them will clothed, being first deducted.

(Approved, January 12, 1826.)

AN ACT the more effectually to prevent trading with Slaves, and for other purposes.

Whereas great injury and inconvenience is experienced by the citizens of many cities, towns and neighborhoods, in the state of Alabama, in consequence of the illicit trade and traffic which is encouraged and carried on, by many evil disposed persons, with the slave population; for remedy whereof-

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That no person, whosoever, shall buy, sell or receive of, to or from, any slave or slaves, any commodity of any kind or description whatsoever, without the leave or consent of the master, owner or overseer of such slave or slaves in writing, expressing the articles permitted to be bought, sold or bartered; or unless master, owner or overseer of any such slave or slaves, shall personally authorize the same; and if any person or persons shall buy from, or sell to, or deal, trade or barter with, any slave or slaves without such consent and permission previously had, given or obtained, he, she or they, so offending, shall be subject to indictment; and upon conviction, shall be fined not less than ten dollars, nor more than one hundred dollars, and imprisoned in the common jail of the county, not less than five days, nor more than six months; at the discretion of the jury, by whom the indictment is tried who may inflict one or both of the aforesaid penalties.

SEC 2. And be it further enacted, That this act shall not be in force until the first day of March next.

(Approved, Jan. 2, 1826.)


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AN ACT

To prohibit the further granting licenses for gaming tables.

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, it shall not be lawful for any court clerk, city corporate, town council, or any other authority whatever, within this state, to issue any license or permission to any person or persons, to keep or cause to be kept any table, bank or other invention, by whatever name known or called, used for gaming; and if any person or persons shall after the passage of this act, by him, her or themselves, or by his, her or their agent, keep or cause to be kept, any such table, bank or other invention, by whatever name known or distinguished, for the purpose of gaming, or shall permit or knowingly suffer the same to be kept, for the purpose aforesaid, on his, her or their premises, he, she, or they so offending shall, and conviction thereof upon indictment, be fined in a sum not less than five hundred dollars, nor more than two thousand dollars, and imprisoned not less than two months nor more than twelve months: Provided nevertheless. That this act shall not so operate, or be construed, as to effect the rights of any person, or persons, who may have obtained a license previous to the passage of this act, in pursuance of the provisions of an act passed on the twenty-fourth day of December, one thousand eight hundred and twenty-four, entitled an act to raise a revenue for the support of government, until otherwise provided for by law.

Sec. 2. And be it further enacted, That it shall be the duty of the Judges of the Circuit Courts, at each term of said courts, to give this act in charge to the Grand-Jury; and it shall be the duty of all Justices of the Peace to issue their warrant against all who shall offend against this act, and to bind them over to the next term of the circuit court having cognizance of the offence.

Sec. 3. And be it further enacted, From and after the passage of this act, that, if any person shall be convicted of betting at any gaming table not heretofore licensed, within the meaning of this act, such person shall be fined in a sum not more than Five hundred Dollars, nor less than Twenty Dollars, to be assessed by the Jury trying such offender.

Sec. 4. And be it further enacted, That any person, or persons, convicted of betting upon any gaming table, and fined under the same, shall remain in custody until the fine be paid.

(Approved, January 4, 1826.)

AN ACT to authorize the Judges of the Circuit Courts, in certain cases, to order Juries to be empanneled.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That where it shall appear that Jurymen have not been drawn and summoned in the manner prescribed by law, or do not attend, the Court may direct the Sheriff, or other attending officer, in case of his absence, or inability to serve, to empannel a Jury instanter of such persons as are by law qualified to serve on Juries, and can be conveniently summoned; and may, from day to day, empannel Juries of the by-standers for the despatch of the business before the Court.

Sec. 2. And it be further enacted, That all laws and parts of laws contravening the provisions of this act, be, and the same are, hereby repealed.

(Approved, January 14, 1826.)

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AN ACT

To alter the Lines of Madison 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 hereafter the line dividing the counties of Madison and Jackson shall be as follows: to wit, beginning where the second range line east of the basis meridian of Huntsville strikes Tennessee river; thence with said range line north to where the same intersects the extreme height of the ridge which divides the waters of Paint Rock and Flint rivers, and south of Jonathan Tipton’s; thence with the extreme height of said ridge, to where the same strikes the southern boundary line of the State of Tennessee: Provided, that all the persons living on said ridge, at a place known by the name of The Sinks, shall belong to Jackson.

Sec. 2. And be it further enacted, That the election precincts in that part of territory stricken off from Jackson county, by this act, to Madison county, which were formerly election precincts for Decatur county, are hereafter to be election precincts for Madison county.

Sec. 3. Be it further enacted, That all Justices of the Peace, and Constables, and militia officers, in that part of Jackson County added to Madison county, shall remain in office the term for which they were elected, or otherwise provided for by law. This act to take effect from and after the first day of March next.

Sec. 4. And be it further enacted, That all persons liable to perform patrol and militia duty, who may be included in Madison County, on the west side of the boundary line dividing said County from Jackson County, as in this act delineated, and living north of the line dividing the second and third townships, shall belong to the second regiment; and all those living south of said line, shall belong to the third regiment.

[Approved, January 6, 1826.]

AN ACT

To provide for reviving Actions of Trespass.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That where any person who may have heretofore sued or may hereafter sue, out a writ of ad quod damnum, under the laws of this state, may die before the termination of the proceedings on such writ, his or her executor or administrator may, on motion, revive the proceedings, and prosecute the same to a final termination.

Sec. 2. And be it further enacted, That all actions of trespass quare clausum fregit, and actions of trespass to recover damages for injuries to personal property, may, if the plaintiff or plaintiffs die, be revived, by his, her, or their representatives, in the same manner as actions on contracts.

(Approved January 12, 1826.)


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AN ACT

To amend the laws now in force in relation to the duties of the county Treasurers 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 county treasurers of the respective counties of this state shall receive all claims which may be presented by any person or persons against the county, and which have been duly authenticated according to law, and record the same in a well bound book, to be kept by him for that purpose, noting particularly the day on which the same was presented; and the said county treasurers shall in like manner keep a record of all claims due from their respective counties, which they may pay and discharge, noting particularly the day on which they were respectively paid.

Sec. 2. Be it further enacted, That the county treasurers of this state shall pay the respective claims, due from the county, agreeable to the order in which they stand recorded, and not otherwise.

Sec.3. Be it further enacted, That it shall be the duty of the judges of the several county courts of this state, to appoint three fit persons, once in each and every year, to examine the books and vouchers of the county treasurers of this state, and report the situation of the same, accompanied with a statement of all the claims which have been filed, and also all claims which have been paid off by the said treasurers.

Sec. 4. Be it further enacted, That if any county treasurer of this state shall fail to comply with the duties required by this act, he shall be fined in a sum not less than one hundred dollars, recoverable in any court having competent jurisdiction in this state, one half to the use of any person or persons suing for the same, the other half for the use of the proper county.

Sec. 5. And be it further enacted, That the county treasurer shall receive from time to time for their services such compensation as shall be allowed by the judge of the county court and commissioners of roads and revenue, not exceeding five per cent. upon the moneys which they may pay out.

Sec. 6. 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 Jan. 14, 1826.)

AN ACT

Concerning the University Lands.

Be it enacted by the Senate and house of Representatives of the State of Alabama, in General Assembly convened, That the lands belonging to the University of the State, shall be sold at such times and places, and in such quantities, either in this year or any succeeding year, as the Governor shall direct, upon the terms prescribed by law.

(Approved January 14, 1826.)


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AN ACT

Establishing and permanently locating the Seat of Government for the state of Alabama, pursuant to the twenty-ninth section of the third article of the Constitution.

Section 1. Be it enacted by the Senate and House of Representatives of the state of Alabama in General Assembly convened, That the town of Tuscaloosa be, and the same is hereby designated as the permanent Seat of Government; and that from and after the end of the present session of the General Assembly, the sessions of the said General Assembly shall be held in the said town of Tuscaloosa, as established and limited by this act.

Sec. 2. And be it further enacted, That the corporate limits of the town of Tuscaloosa be, and the same are hereby extended, so as to include fractional sections twenty-one and twenty-two, and sections twenty-three, twenty-six, twenty-seven and twenty-eight, in township twenty-one and range ten, west of the basis meridian of Huntsville.

WILLIAM KELLY, Speaker of the House of Representatives.

NICHOLAS DAVIS, President of the Senate.

AN ACT

Providing for the Registration of Deeds, Grants, &c.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That any person or persons who may have failed to register his, her, or their deeds, grants, or other instruments of writing required by law to be registered within the terms prescribed by law, shall have the further time of twelve months to register the same: Provided the said registration shall not operate to the prejudice of creditors or subsequent purchasers.

SEC. 2. And be it further enacted, That all deeds and conveyances of lands, tenements, and hereditaments, the record of which may have been, or may hereafter be, destroyed by any casualty, may again be entered of record within eighteen months thereafter.

[Approved January 9, 1826.]

AN ACT

To repeal in part and amend an Act entitled, an Act for the Punishment of Malicious Mischief, passed 17th December, 1821.

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, any person, or persons, who shall unlawfully, wilfully, and maliciously kill, wound, or disable any horse, mare, or gelding, colt or filly, Jack, Jinny, or mule, or any goat, sheep, or cattle, or any hog, or live stock of any kind or description whatsoever belonging to any other person, or persons; or shall unlawfully, wilfully, and maliciously burn, or otherwise destroy any ricks or stacks of hay, fodder, or grain in the sheaf; or shall unlawfully, wilfully, and maliciously destroy or injure, so that the same shall be unfit for use, any cotton, corn, or other article or commodity of value,


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or any goods, wares, or merchandise, or any timbers or frame prepared for buildings belonging to any other person, or persons,-every person, or persons, so offending shall, on conviction of any of the aforesaid offences, by sufficient and satisfactory testimony, in any Circuit Court having jurisdiction of the same, be fined in such sum as the jury trying the same may assess, not exceeding four-fold the value of the property injured or destroyed, and imprisoned in the common jail of the county any length of time at the discretion of the jury trying the case, which fine shall be paid to the party injured: Provided, however, That the jury may inflict one or both of the penalties prescribed in this act.

(Approved January 14, 1826.)