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An act to provide for the appointment of county officers, 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 there shall be elected by the qualified electors within the limits of each Captain's company in the several counties in this State, two Justices of the Peace, and one Constable, who shall hold their offices for and during the term of three years, from the dates of their respective commissions; which elections shall be holden by the commanding officer of each company, and two freeholders or householders, as he may appoint, on the first Monday of March next. And it shall be the duty of the persons superintending the election, as aforesaid, to make return of the persons elected, to the clerk of the county court, who shall certify the same to the Governor, for commissions.

Sec. 2. And be it further enacted, That it shall be the duty of each commanding officer, whenever any vacancy occurs in his company, by death, resignation, or removal, of any justice or constable, immediately to notify his company of the same, and call them together by advertisement, giving ten days notice, for the purpose of holding an election to fill such vacancy; which election shall be holden by the commanding officer aforesaid, and two freeholders or householders, as he may appoint.

Sec. 3. Be it enacted, That it shall be the duty of the constables elected in the several counties in this State, before they enter on the discharge of the duties of their office, to enter into bond with sufficient security, to be approved of by the justice or chairman of the county courts respectively, payable to the Governor for the time being, and his successors in office, in the sum of one thousand dollars, for the faithful performance of the duties of his office. And every constable failing to give bond, as herein directed, shall forfeit and pay for every act he shall perform as constable, the sum of fifty dollars, to be recovered before any


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court of competent jurisdiction, one half of the use of the person who may sure for the same, and the other half to the use of the county in which he may be so elected: And said candidates shall annually renew their bonds, or, on failure therein, the chief justice or chairman, as aforesaid, respectively, shall give notice thereof to the commanding officer of the district, for which the defaulting constable has been elected, who shall proceed to elect another person in his place, in the same manner as herein before provided, in case of vacancy.

Sec. 4. Be it enacted, That the justices of the county courts, or a majority of them, shall recommend to the Governor, a fit person to act as coroner, and also a proper number of persons to act as auctioneers and notaries public: And it shall be the duty of the Governor to commission the persons so recommended: And the officers so commissioned shall respectively hold their offices for the term of three years, from the dates of their commissions.

Sec. 5. And be it further enacted, That the said coroner, auctioneers, and notaries public, respectively, shall before they enter on the duties of their respective offices, give bond with sufficient security, to be approved of by the chairman of the county court of the several counties, in the sum of two thousand dollars, payable to the Governor and his successors in office, for the faithful performance of their respective duties.

Sec. 6. Be it enacted, That there shall be appointed in each county in this State, by the county courts thereof, a County Surveyor and Treasurer, who shall hold their offices for the term of three years.

Sec. 7. Be it enacted, That it shall be the duty of the County Treasurer, before he enters on the duties of his office, to enter into bond with good and sufficient security to the county court of the county for which he may be so appointed, in such sum as said court may direct, for the faithful accounting for, and paying over the monies, which may come into the hands as county treasurer.

Sec. 8. Be it enacted, That there shall be appointed, in each county in this State, by the county court of the respective counties, an assessor and tax collector, on the fourth Monday in January, in each and every year, or sooner, if the county court be in session before that time, who shall hold their office for the term of one year, from the date of their commissions: And the several county courts shall, within forty days after said appointment, make return of the persons appointed, to the Governor, whose duty it shall be to commission the same: Provided, That in case of death, or failing to give bond and security, as required in this act, the county court shall have power to fill such vacancy.


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Sec. 9. And be it enacted, That it shall be the duty of the said assessor and collector of taxes, respectively, before they enter on the duties of their offices, to enter into bond with sufficient security, to be approved of by the chief justice or chairman of the county courts of the counties, respectively, for which, they may be appointed, in such sum as said chief justice may direct, payable to the Governor for the time being, and his successors in office, conditioned for the faithful performance of the duties of their offices respectively.

Sec. 10. And be it enacted, That the persons appointed to fill the several offices mentioned in this act, shall, before they enter upon the duties of their respective offices, take an oath to support the Constitution of the United States, and of this State, together with an oath of office, as follows, to-wit:__: "I, ______, do solemnly swear, (or affirm, as the "case may be,) that I will execute the office of ____ with "impartiality to all person, and agreeably to the best of "my skill and judgment; so help me God."

Sec. 11. And be it enacted, That the elections provided for by this act, shall be held on the first Monday in April next, except such as herein before particularly specified.

Sec. 12. And be it further enacted, That it shall be the duty of the assessor of taxes in each and every county within this State, for the year one thousand eight hundred and twenty, to take an enumeration of the inhabitants therein in the manner, and under the regulation and responsibilities, which are prescribed by an act authorizing the taking of the census of the Alabama Territory, passed the ninth of February, eighteen hundred and eighteen.

Sec. 13. And be it further enacted, That each and every assessor shall be allowed as a compensation for taking the census, as follows, to-wit: When the census shall not exceed one thousand, two dollars per hundred; when it shall exceed one thousand and not exceeding two thousand, one dollar seventy-five cents; when it shall exceed two thousand and not exceeding three thousand, one dollar sixty cents; when it shall exceed three thousand and not exceeding five thousand, one dollar thirty-three cents, when it exceeds five thousand, one dollar.

Sec. 14. Be it further enacted, That all the Sheriffs elected under the Constitution of this State, shall, on or before the first Monday in April next, give bond, with such number of good and sufficient securities as may be approved of by the county courts respectively, in such sum, in addition to the sum already required by law, as they may deem necessary and proper, made payable to the Governor for the time being, and his successors in office; which bond shall be taken by said court and deposited in the clerk's offices


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Provided also, that it shall be the duty of the sheriff to renew his bond annually, if required by the court.

Sec. 15. Be it further enacted, That any sheriff failing or neglecting to comply with the provisions of the preceding section shall vacate his office, and said office is hereby declared vacated, and such vacancies, should any such occur, shall be filled in such manner as is now prescribed by the Constitution for supplying vacancies for the sheriffs.

Sec. 16. And be it further enacted, That it shall be the duties of the sheriffs of the counties throughout the State, respectively, whenever any execution shall be placed in their hands, to proceed to levy the same, and make sale of the property thus levied on, in such times as by law is directed, and shall pay the amount obtained by such sale, to the party or parties entitled to the same, on the application of such party or parties, or within ten days thereafter, under the penalty of forfeiting six per centum per month, for every month such sheriff shall fail to pay over such money collected as aforesaid.

Sec. 17. And be it further enacted, That it shall be the duty of the sheriffs to return all executions, which have not been levied, or on which the money has not been made, to the office of the clerk of the court from which such execution, may have been issued, by the first day of the term next succeeding the term from which such execution may have been issued.

Sec. 18. And be it further enacted, That when any sheriff shall fail to perform the duties by this act required, the person or persons aggrieved, may move against such delinquent sheriff, and have judgment entered against such sheriff and his securities in office, for the amount he has failed to pay over, as aforesaid, or for failing to return the execution in manner as above directed, in the court, from which such execution had issued, upon giving three days notice of such motion, to such delinquent sheriff or his securities in office: Provided however, that time may be given to such delinquent sheriff to make his defence, upon good cause shown to the court, before whom such motion may be made.

Sec. 19 And be it further enacted, That whenever a vacancy in the office of constable shall occur, or any case of emergency may require it, it shall be the duty of any acting justice of the peace, within the limits of the company, where such vacancy may have occurred, to depute some fit person to fill the same, until one may be appointed according to the provisions of this act.


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Sec. 20. And be it further enacted, That this act shall take effect and be in force, from and after the first day of January next.

(Signed) JAMES DELLET

Speaker of the House of Representatives.

THOMAS BIBB

President of the Senate.

Approved-December 17, 1819

(Signed) WM. W. BIBB

 

 

An act prescribing the duties of certain public officers.

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 attorney general to keep his office at the place designated for the seat of the State Government, and to conduct and prosecute in the Supreme Court, all suits in which the State may be concerned, and to give his opinion and advice, in writing, or otherwise, on any questions of law, when required by the Governor, or when requested by the Comptroller of public accounts, or the State Treasurer, concerning matters which relate to their respective offices: and he shall also perform the duties of Solicitor in the judicial circuit, embracing the place designated for the seat of the State Government, and shall receive in addition to the salary established by law, the fees for prosecutions in such circuit, and in the Supreme Court, which are allowed to Solicitors for the like services.

Sec. 2.  And be it further enacted, That there shall be elected a Solicitor for each judicial circuit, in this State (except the judicial circuit, assigned to the Attorney General) whose duty it shall be to prosecute in such circuit, all offenders against the State, and all civil actions, in which the State may be concerned (except before the Supreme Court,) and who shall be entitled to receive, in addition to the salary established by law, the following fees: on every conviction for any felony (except murder, ) ten dollars; on every conviction for petit larceny, ten dollars; on every conviction for unlawful gaming, or for unlawfully permitting the same; or for unlawfully keeping a billiard table, twenty dollars; on every conviction for perjury, twenty dollars; on every conviction of forgery, counterfeiting coin or any banknote, or for feloniously uttering, or offering any counterfeit


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coin, bank note, writing obligatory, or other instrument of writing, or forwarding or assisting in any of said offences, twenty dollars; on every conviction for maim, or for an assault, with intent to commit murder, rape, or robbery, fifty dollars; on every conviction for an assault and battery, or affray, five dollars; on every other conviction, on indictment or presentment, five dollars; and for every exhibition of a faro-bank, or any other kind of gambling table, fifty dollars; for every person who knowingly suffers unlawful gaming in his house, fifty dollars. And it shall be the duty of the Clerk of the Court to tax the fees aforesaid, in the bill of costs, which when collected, shall be paid to the Solicitor.

Sec. 3. And be it further enacted, That if the Attorney General, or any other Solicitor, shall fail to attend at either of the courts, when it may be his duty to attend, the judge or judges of the same, are hereby authorized, from time to time, as he or they may think fit, to employ an attorney to prosecute for the State, who shall be paid by the Attorney General, or Solicitor in whose stead he may act, such compensation as shall be directed by the court, before whom the services shall be rendered.

Sec. 4. And be it further enacted, That the Secretary of State shall, in addition to the duties prescribed by the Constitution of this State, perform all the duties heretofore appertaining to the office of the Territorial Secretary, and shall be entitled to receive, in addition to the salary established by law, the compensation allowed for copying the laws and superintending the printing thereof; and also the sum of one dollar, for each and every certificate and the annexation of the seal of the State thereto, which may be required by any person or persons, to any instrument, relating to contracts or other matters of private concern, to be paid by the party applying for the same.

Sec. 5. And be it further enacted, That the Comptroller of public accounts, shall perform the duties, and be subject to the responsibilities, heretofore appertaining to the office of Auditor of Public Accounts.

Sec. 6. And be it further enacted, That the State Treasurer shall perform the duties, and be subject to the responsibilities, heretofore appertaining to the office of Territorial Treasurer.

(Signed) JAMES DELLET,

Speaker of the House of Representatives

THOMAS BIBB

President of the Senate.

Approved- Dec. 17, 1819

(Signed) WM. W. BIBB


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An act to regulate the rate of Interest.

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 first day of February next, no person or persons, shall upon any contract whatsoever, take, directly or indirectly, for the loan of any money wares, merchandize, bonds, notes of hand, or other commodities whatsoever, above the value of eight dollars, for the forbearance of one hundred dollars, for one year, and after that rate for a greater or less sum, or, for a longer or shorter time; and all bonds, contracts, covenants, conveyances, or assurances, hereafter to be made, for payment or delivery of any money, goods, wares, or merchandize, so to be lent, on which a higher rate of interest is received or taken, than is hereby allowed, shall be utterly void, and of no effect.

Sec. 2. And be it further enacted, That every person, who upon any contract, shall take, accept, or receive, by way or means of any corrupt bargain, loan, exchange, or shift, of any money, goods, wares, merchandize, commodities, or bonds, or notes, or other thing whatsoever, above the rate of eight dollars, for the forbearance or giving day of payment of one hundred dollars for one year, and so after that rate for a greater or less sum, or for a longer or shorter time, and so after that rate or proportion, for goods, wares merchandize, commodities, bonds, or notes, when such shall be lent, contracted, or agreed for, taken, accepted, or received, shall forfeit and lose, for every such-offence, the whole value or amount, together with all interest thereon; one half of which forfeiture, shall be paid into the public treasury, for the use of the State, and the other half of to him or them, that will inform and sue for the same; to be recovered with costs by action of debt, in any court of record in this State; Provided, That if the borrower should be the informer, as aforesaid, then, and in that case, the whole amount, thus recovered, shall be paid into the treasury for the use of the State: Provided also, That every such action of debt, as aforesaid, shall be commenced and sued, in the lender's lifetime, or within three years after the commission of the offence, or in one year after the time of payment of any money, goods, wares, or merchandize, contracted to be paid, or any usurious agreement or contract.

Sec. 3. And be it further enacted, That it shall be the duty of the Judges of the Circuit Courts, to charge the grand jury of the respective counties within their circuits, to present all, and every person who may violate the provisions


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of this act, that may come within their knowledge: and on every such presentment, it shall be the duty of the Solicitor for the State to have issue joined, or made upon such presentments, and prosecute the same under the rules and regulations prescribed for the prosecution of qui tam actions; and upon conviction, the whole amount, thus ascertained to have been lent, or taken, contrary to the provisions of this act, shall be paid into the treasury, for the use of the State.

Sec. 4. And be it further enacted, That when any note or notes, bond, or bonds, shall or may be upon, or on account of any usurious contract, the same shall be void, and of no effect, and the obligor, or obligors, forever exonerated from the payment of the same; and the obligor or obligors, shall be deemed by this act competent witnesses, to prove the usurious consideration, of any such bond or bonds, note or notes: Provided, that this act shall not be construed, so as to prohibit the sale of any bond or bonds, which may have been fairly, and bona fide given, and not given for the purpose of evading the provisions of this act.

Sec. 5. And be it further enacted, That in all cases whatsoever, when any suit or action shall be brought in any court of record in this State, touching or concerning any usurious bond, speciality, promise, or agreement, the borrower to party to such usurious bond, specialty, contract, promise, or agreement, from whom such higher rate of interest is, or shall be taken, shall be a good and sufficient witness to give evidence of such offence : Provided, That if any person, against whom such evidence is offered to be given, will deny upon oath, to be administered in open court, the truth of what such witness offers to swear against him, then such evidence shall not be admitted, and if any witness or party, shall forswear himself, in any such matter, and be thereof lawfully convicted, he or she shall suffer all the pains and penalties, by law inflicted on persons convicted of willful and corrupt perjury.

Sec. 6. And be it further enacted, That from and after the passage of this act, any person, or persons, who shall be lawfully convicted of violating this act, shall be, and is hereby forever disqualified from being a director of any bank or banks, in this State; and any person or persons, who hereafter may be director or directors of any bank or banks within this State, who may be convicted, as aforesaid, shall forfeit his or their seat or seats, as director or directors: and any person or persons, who may, after the passage of this act, be elected or chosen, a director or directors of any bank or banks within this State, before entering upon the duties of his office, shall take the following oath, to wit: "I ___ ___, do solemnly swear (or affirm) "that I have not, either directly or indirectly, violated the "act entitled, an act regulating the rate of interest, nor will


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"I be guilty of violating said act, either directly, or indirectly, whilst I continue in the office of director. So help "me God."

(Signed) JAMES DELLET

Speaker of the House of Representatives

THOMAS BIBB

President of the Senate

Approved- Dec. 17, 1819

WM. W. BIBB

______