shall be subject to the dower of the said widow, in the same manner as if the title had been complete at the time of the death of her husband.1 Con. Ala. Art. 6. 1804-(1) Preamble. Sec. 1. DUELLING." § 1. THE general assembly shall have power to pass such penal laws to suppress the evil practice of duelling, extending to disqualifi cation from office, or the tenure thereof, as they may deem expedient. Whereas, from a false sense of honor, the inhuman, injurious, and detestable practice of duelling, has been too often and unhappily resorted to as a mode of adjusting or settling differences of small magnitude between individuals: And whereas, this barbarous and savage conduct has of late obtained a great degree of prevalence, to the destruction of the lives of some valuable members of society, and involving the feelings of others, who from principle, and respect for the laws of their country, will not engage in this pernicious practice: § 2. Be it therefore enacted, &c. That from and after the passing of Penalty for this act, if any person or persons shall deliver, offer, or send any challenge in writing, verbally, or otherwise, to fight a duel, or shall accept such challenge, or shall fight a duel, and neither of the parties and for fight be killed, or shall be the bearer of such challenge, knowing the same ing duel. to be such; the person or persons so offending, their aiders, or abettors, and each of them, shall, on conviction thereof, be fined in the sum of one thousand dollars, and be imprisoned twelve calendar months, and be rendered incapable of holding any office of honor, profit, or trust, under the government of this territory, for and during the term of five years from the time of such conviction. sending, conveying, or accepting challenge, Ib. Sec. 2. of duel sub §3. If any person or persons, residing or being in this territory, Encouragers shall promote, concert, plan, or in any manner encourage the fighting ject to like of a duel between persons residing or being in this territory, whether penalty. the same duel be fought or not within this territory or elsewhere, such person or persons shall be subject to the pains and penalties prescribed in the preceding section of this act. Ib. Sec. 3. duel, mur. § 4. If any person residing or being in this territory, do hereKilling in a after actually fight a duel, and either of the combatants be killed, the der, and pun- survivor, with such other person or persons who may have aided or ishable with assisted in the said duel, shall be deemed guilty of wilful murder, and on conviction thereof, shall suffer death. death. Ib. Sec. 4. § 5. And whereas, persons guilty of the crimes specified in the foregoing section escape punishment through want of sufficient testimony, occasioned by the secret combination of the parties concerned: Justice to ar- Be it therefore further enacted, When other evidence cannot be had of offences committed against this act, it shall and may be lawful for sons suspect any justice of the peace, upon his own knowledge, or strong suspi rest and exa mine all per ed. have been made at the time of the testator's or intestate's death, and the title is afterwards completed by the executor or administrator. 1 The widow shall also be endowed of estates for use, in which, from the nature of her interest, the right, if a legal one, would have entitled her to dower. See "Conveyances,"-§ 38. 2 This properly belongs to the general head of "Crimes and Misdemeanors:" -but as the legislature has thought fit to make it the subject of a distinct system of laws, and as those relating to the duelling oath contain nothing of a penal character, a separate title for all the enactments on this subject was deemed preferable. L : cion of such offences, or on credible information thereof, to him given on oath or otherwise, to issue a summons, or at his discretion, a warrant in the nature of a capias, against any person or persons suspected to be concerned in such offences, which summons or warrant shall be returnable before one or more justices of the peace, who are hereby empowered, if necessary, to issue interrogatories in the premises to such person or persons, and to compel them to answer the same fully upon oath; and in case of their refusal, to cause them to be confined until they shall comply: Provided, That the person or persons so Persons ananswering fully and satisfactorily, shall be wholly and entirely released ly to be exand discharged from all manner of punishment for such offence or onerated. offences as he or they may be implicated in, by his or their answers as aforesaid; and the justice before whom such testimony is delivered, shall take recognizance or recognizances of such person or persons, binding him or them to appear at the succeeding superior court for the district or county in which the offender or offenders shall reside, as in other cases. swering ful Duty of jus Penalty for § 6. Each and every justice of the peace and attorney general1 in b. Sec. 5. this territory, is hereby enjoined to carry this act into strict execution, tice and and prosecute all offenders within the meaning thereof. And if any solicitors. justice of the peace or attorney general, having knowledge or infor- neglect. mation of any offence committed against this act, shall fail to perform the several duties required of them respectively, such neglect of duty is hereby declared to be a misdemeanor, and for which such justice or attorney general shall be removed from office, and be rendered incapable of holding any office of honor, trust, or profit, under the government of this territory, for and during the term of two years thereafter. collected and §7. All fines and forfeitures which shall be incurred under this act, Ib. Sec. 6. shall be collected by the sheriff of the particular county where such Fines, how offender or offenders reside, and paid by him into the territorial appropriated. treasury. Sec 1. 8. No person residing within the state, or being within the limits 1819——(13) thereof, shall fight a duel, nor shall any person send or give a challenge Fighting and either in writing, verbally, or otherwise, to fight a duel. (1) challenging prohibited. tices, &c. persons fight a duel, 9. If any judge of the circuit court, or justice of the county court, b. Sec. 2. or justice of the peace within this state, have just or probable grounds Judges, jusof suspicion that any person or persons are about to be engaged in a required to duel, they, or either of them, shall by this act have power, and be apprehend compelled to issue a warrant to any constable, sheriff, or in the ab- about to sence of these officers, to any person who is not a qualified peace- and bind officer, to take the body or bodies of all whom he may suspect to be them over. concerned, either as principals, seconds, counsellors, aiders, or abettors, and have them brought before him: and if, after such examination as the judge or justice may think proper, it should appear there are just grounds for believing that a duel is intended, it shall be the duty of such judge or justice to bind the parties suspected in a recognizance, in such sum as he may deem requisite, with sufficient securities, to appear at the next county or circuit court, as well as bind them to keep the peace until the rising of the court to which they are bound to appear. § 10. If any person or persons be engaged, either as principals or r. Sec. 3. seconds, in fighting a duel; or in other words, fighting in single com- engaged in Persons fighting a 1 At the date of this act, all solicitors were styled "Attorneys General." duel, to be (1) Since the statute of 1819, the mere giving a challenge to fight a duel, punished by imprisonis not punishable, either by statute or common law, unless a combat takes ment and place. Smith v. The State, 1 Stewt. Rep, 506. fine. bat with any deadly weapons; the principals and seconds, and every person or persons directly or indirectly concerned therein, either in sending, giving, accepting, or conveying any such challenge, knowing or believing it to be such, their counsellors, aiders, or abettors, upon being thereof lawfully convicted, shall be imprisoned three months, and shall severally forfeit and pay a fine to be assessed by any court having jurisdiction, not exceeding two thousand dollars, the one-half thereof to be appropriated to the use of the state, and the other half to the use of the informer, and shall stand committed until such fine is paid, and until he or they shall severally give ample security, to be approved by the court aforesaid, for his or their good behavior, for and be dis any term of years not exceeding two, and he or they shall be forever disqualified from being a member of either branch of the legislature, and from holding any office, or appointment of profit, honor, or trust, either executive, civil, military, or otherwise, in or under the authority of this state: Provided however, That in case any death shall happen in consequence of any duel or single combat with deadly wea pons, this act shall not be so construed as to save the offenders, their aiders and abettors, from the pains and penalties of the laws provided Further pun for the punishment of wilful murder; and on conviction thereof, shall suffer death. qualified from holding any office. Proviso. ishment. Ib. Sec. 6. charge grand Ib. Sec. 7. empowered to send for persons. § 11. It shall be the duty of all judges of the circuit courts in this state, to give this act specially in charge to the grand jury, at the commencement of each of their respective sessions. $ 12. The foreman of the grand jury, or any member thereof, in Grand jury their retirement, shall have power, under the authority of the court then sitting, to send for any person or persons, who, on oath, shall give the grand jury such information as they may possess, relating to, or touching the violation of this law; and it shall be the duty of the grand jury to make presentments to the court of all such as may be violators, who shall be tried and dealt with as the existing laws may direct. Ib. Sec. 8. § 13. If any justice or other officer bound to preserve the public Justices, &c. peace, shall have knowledge of an intention to fight with any deadly dictment for weapons, given or received, and not use or exert his official authority to arrest the parties, and prevent the duel, such justice or other officer shall, for such neglect of duty, be indicted, and on conviction be dismissed from office. not prevent ing duel. Ib. Sec. 9. allowed to ther as a cow 9 14. If any person or persons shall, in any newspaper or handNo person bills, written or printed, publish or proclaim any other person or perpublish ano- sons as a coward, or use any opprobrious or abusive language for not accepting a challenge, or fighting a duel; such person or persons, 80 offending, shall on conviction, be sentenced to pay a fine not exceed ing five hundred dollars, as the court may order and direct. ard. Ib. Sec. 10. bility. 15. The publisher or printer of any newspaper, handbill, or other Printer's lia publication shall, in all prosecutions under the last-mentioned section, be summoned as a witness, and be accepted by the court as a witness, against the writer or writers of such publication or handbill; and if the said printer or printers, when summoned before the court, shall refuse to give up the writer's name or names, the court shall consider him or them as guilty of flagrant contempt, and shall proceed to punish him or them in an exemplary manner. 1826-(7) Sec. 1. All public § 16. All members of the general assembly, hereafter to be elected, and all officers and public functionaries hereafter elected or appointed, officers and under the authority of the constitution and laws of this state, and attorneys at counsellors and attorneys at law shall, before they enter upon the discharge of the duties of their stations or offices, either civil, military, law to take an oath against duelling. oath. or otherwise, take and subscribe one of the following oaths, as the case may be, (in addition to the oath prescribed by the constitution,) before any judge of the circuit or county court, or any justice of the peace, who shall deliver such oath to the clerk of the circuit court for safe keeping. "I, do solemnly swear, (or affirm, as the Form of case may be,) that I have, neither directly nor indirectly given, accepted, or knowingly carried a challenge in writing, or otherwise, to any person or persons (being a citizen of this state,) to fight in single combat or otherwise, with any deadly weapon, either in or out of this state, or aided or abetted in the same, since the first day of January, one thousand eight hundred and twenty-six; and that I will, neither directly nor indirectly, give, accept, or knowingly carry a challenge in any manner whatsoever, to any person or persons (being a citizen of this state,) to fight in single combat or otherwise, with any deadly weapon, in or out of the state, or in any manner whatsoever aid or abet the same, during the time for which I am elected, or during my continuance in office, or during my continuance in the discharge of any public function." And upon his or their refusing to take the oath [a 1219—(13) aforesaid, his or their seat, if a member of the general assembly, or Sec. 4.] his or their office, or public function, or appointment, shall be vacated, of refusing to and shall be filled in the same manner as if he or they had resigned. Any attorney or counsellor at law, failing or refusing to take said b 1819—(13) oath, shall not be permitted to practise as such in any court in this state. Consequence take the oath. Sec. 5.] for such as the state af §17. Any person or persons, who has or have emigrated to this state b. Sec. 2. since the first day of January, one thousand eight hundred and twen- Form of oath ty-six, or may hereafter become a citizen of this state, shall, before emigrate to he enters upon the discharge of any public function, take and sub- ter January scribe the following oath: “ I, do solemnly swear (or af- 1, 1826. firm, as the case may be,) that I have, neither directly nor indirectly, given, accepted, or knowingly carried a challenge, in writing or otherwise, to any person or persons, (being a citizen or citizens of this state,) to fight in single combat or otherwise, with any deadly weapon, either in or out of this state, or aided or abetted in the same, since I have been a citizen thereof; and that I will, neither directly nor indirectly, give, accept, or knowingly carry a challenge in any manner whatsoever, to any person or persons, (being a citizen or citizens of this state,) to fight in single combat or otherwise, with any deadly weapon, in or out of this state, or in any manner whatsoever aid or abet the same during the time for which I am elected, or during my continuance in office, or during my continuance in the discharge of any public function.1 This act was passed verbatim, December 6, 1821, except that it required the oath against duelling to be retrospective as far as the first of January, 1821, with a corresponding variation in the case of emigrants. An act passed December 24, 1823, empowers those persons who had taken an oath under the act of 1819, to release themselves from it, by taking and subscribing the oath prescribed in the act of December 6, 1821. All these acts are covered by the repealing clause of the act of January, 1826-and are now no further in force, than as interpreters of the rights and liabilities of such as conformed to their provisions, while unrepealed. 18 Con. Ala. Who are Ib. Sec. 6. ELECTIONS. 1. EVERY white male person of the age of twenty-one years or upwards, who shall be a citizen of the United States, and shall have resided in this state one year next preceding an election, and the last three months within the county, city, or town, in which he offers to vote, shall be deemed a qualified elector; provided, that no soldier, seaman, or marine, in the regular army or navy of the United States, shall be entitled to vote at any election in this state; and provided also, that no elector shall be entitled to vote, except in the county, city, or town (entitled to separate representation,) in which he may reside at the time of the election. § 2. Electors shall, in all cases, except in those of treason, felony, Electors' pri- or breach of the peace, be privileged from arrest during their attendance at elections, and in going to, and returning from the same. vileges. Ib. Sec. 7. § 3. In all elections by the people, the electors shall vote by ballot, Elections, by until the general assembly shall otherwise direct. ballot. Ib. Sec. 8. § 4. Elections for representatives for the several counties, shall be Where held. Held at the place of holding their respective courts, and at such other places as may be prescribed by law. Art. 6. Sec. 4. Bribery. Ib. Sec. 15. § 5. Every person shall be disqualified from holding any office or place of honor or profit, under the authority of the state, who shall be convicted of having given or offered any bribe, to procure his election or appointment. § 6. Returns of all elections for officers who are to be commissioned Returns of by the governor, and for members of the general assembly, shall be made to the secretary of state. elections, 1812-(18) Sec. 2. Sheriff' to give one month's no tice of gene ral election. § 7. The sheriff of each county shall, at least one month previous to the time appointed for holding every election for representatives to the general assembly, by advertisement, set up at the door of the courthouse, and three other public places in his county, notify the inhabitants of his county, of the time and place of such election, and what offices are to be filled by such election. The sheriff, on the day of every such Polls, when election, shall open the poll by twelve o'clock, and continue the same open until the hour of four in the afternoon.1 A suitable ballot-box shall be previously provided by the sheriff, to be paid for by the order of the county court, out of the county treasury. opened, &c. Ib. Sec. 3. tend elec § 8. If at any time it shall happen, that there shall be no sheriff in justice to at any county, or in case he is unable to attend, or does not attend said elections, the coroner of such county, or if there be neither sheriff nor coroner, the justice of the peace who is oldest in commission, is hereby authorized to perform the duties which, by this act are enjoined upon the sheriff, and shall be considered as the returning officer of such county. tions if no sheriff is present. Ib. Sec. 7. § 9. The county courts respectively, at the term next preceding Inspectors. the day of any election, shall appoint three inspectors to superintend the election; and if it shall at any time happen, that the county court shall fail to make such appointment, or if any person so appointed shall fail, from any cause whatever, to serve, the sheriff with the advice of three justices of the peace, or if no justices shall be present, three respectable landholders, shall appoint the said inspectors. Ib. Sec. 8. § 10. The said inspectors shall appoint two persons to act as clerks at every election, whose duty it shall be, to take down in writing, on separate lists, the name of every person voting. 1 At the court-house, until the hour of five.-See § 24. |