Proceedings § 6. If the personal estate, and rents and profits of the real estate, b. Sec. 49. be not sufficient for the maintenance and education of the ward, the when ward's orphans' court, on full investigation thereof, may, from time to time, estate is inorder the guardian to sell such parts of the ward's lands, tenements, his mainteand hereditaments, as they shall direct and judge adequate to his or nance. her maintenance and education. sufficient for on the sale of guardians. 7. The lands, tenements, and hereditaments, so ordered to be . Sec. 50. Proceedings sold, shall be advertised by the guardian in three of the most public. places in the county, and in some public newspaper in this territory, lands by for the space of forty days previous to the time appointed for the sale thereof; and the guardian, at the time and place so advertised, shall sell the same at public vendue, upon a credit of twelve months after the day of sale, to the highest bidder, who shall give bond with satisfactory security for the amount thereof; and shall make report in writing of his proceedings thereon, to the next orphans' court after such sale: Provided, That the said guardian may adjourn the said sales from time to time, at his discretion. And said guardian shall Guardian's make a deed to the purchaser for the lands, tenements, and heredita- deed valid. ments so sold; which deed shall vest in the said purchaser, as good and perfect an estate in the premises therein mentioned, as the ward was seized of or entitled to, at the time of making the said order. Guardian's 8. It shall be the duty of the guardians of idiots, lunatics, and b. Sec. 52. persons non compos mentis,1 to improve frugally, and without waste duty to or destruction, their estates, and apply the income and profits thereof idiots, &c. to the comfortable maintenance and support of such idiot, lunatic, or person non compos mentis, and of his household or family; (if any there be;) and the said guardian or guardians are hereby empowered to collect, sue for, and recover all just debts due to such idiot, lunatic, or person non compos mentis; and they shall also be subject to the payment of all just debts owing by such person, which were contracted when he or she was of sound mind, and before his or her distraction or lunacy, out of the personal estate; or if that be insufficient, then out of the real estate, in such way and manner as executors and administrators may by law discharge the debts of deceased persons, when the personal estate of such deceased is insufficient. And the In certain said guardian and guardians shall have the same power and authority, sell real es by order of the orphans' court, to sell the lands, tenements, and here- tate. ditaments of any idiot, lunatic, or person non compos mentis, for the purpose aforesaid, as by this act is given to executors and administrators in similar cases, observing the same rules and restrictions. And the deed or deeds of conveyance of such guardian or guardians, shall have the same force, effect, and validity, to all intents and purposes." cases may Idiots, &c., sume their 9. If any such idiot, lunatic, or person non compos mentis, shall b. Sec. 53. be restored to the use of his or her reason, and sanity of mind, (and becoming on application, the same be made to appear to the orphans' court, who sane, to reshall judge thereof,) the residue of his or her estate, both real and estates. personal, shall be returned and delivered to him or her, the guardian or guardians, having such reasonable allowance for his or their charge and trouble, as the court shall order. 10. Any father, even if he be not twenty-one years of age, may, 1822—(19) by last will and testament, executed in the presence of two credible Fathers may 1 For the mode and occasion of appointing such guardians, see "Judiciary— County Court,"§ 24, 25, and note. Sec. 1. devise the custody and tuition of their infant A considerable portion of the law here referred to has been repealed: but children. equivalent provisions will be found under the titles "Estates of Deceased Persons," and "Executors and Administrators." Ib. Sec. 2. acceptance in open court, give bond, and deliver inventory. witnesses, devise the custody and tuition of his child, (which had never been married,) although it be not born, during any part of the infancy of such child, to whomsoever he will; and such devise shall give the devisee the same power over the person of the child as a guardian in common socage hath, and authorize him by actions of ravishment of ward, or trespass, to recover the child, with damages for the wrongful taking or detaining of him or her, for his or her use; and for the same use to undertake the care and management, and receive the profits of the ward's estate, real and personal, and prosecute and maintain any such actions and suits concerning the same, as a guardian in common socage may do. § 11. Any guardian so appointed by the last will and testament of must declare any person, shall appear openly in the county court, in which last wills and testaments are required by the existing law to be proved and recorded, before the exercise of any authority over the minor or his estate, and declare his acceptance of the guardianship, which shall be recorded; and shall give such bond and security, and in like manner, as is now required by law from guardians appointed by the county courts; and shall deliver an inventory on oath, of all the estate real and personal, which he shall have received or taken possession of, within the same time after his acceptance of such office, and to the office of the same court to which other guardians are required by law to deliver inventories of the estates of their wards: Provided, That no child, the custody and tuition of which shall be devised as aforesaid, shall be taken from the mother of such child, before it attains the age of fifteen years; unless in the opinion of the court to which such guardian may be accountable, it would be improper for the mother to retain the possession of any such child. Proviso. Ib. Sec. 3. To account as other § 12. The said guardians appointed as aforesaid, shall account as often, and under the same regulations, as other guardians are by law guardians, directed to account, and shall, for failure to deliver an inventory as aforesaid, or to account agreeably to law, be liable to be proceeded against, and to removal from office as other guardians. &c. Ib. Sec. 4. Guardians clare accept ance, or renunciation § 13. If any guardian shall fail or neglect to appear in the county may be com- court where such last will and testament shall be proved and recorded, pelled to de- within the space of six months thereafter, he may be summoned and compelled to declare his acceptance or renunciation of such trust; and if every such guardian appointed by any such last will and testament, shall renounce the same, which renunciation shall be recorded, the said court may and shall proceed to appoint and qualify some other person or persons to the guardianship, as if no such appointment of a guardian or guardians had ever been made. of guardian ship. 1815-(9) INCORPORATED TOWNS. § 1. ANY precept or warrant, issued for any fine or penalty incur Warrants for red by the breach of any of the by-laws of any incorporated city or laws, return town in this territory, may be made returnable forthwith. breach of by able forth with. 1820-(16) Cotaco and INDIANS, AND INDIAN TERRITORY. § 1. THE circuit court of Cotaco shall have jurisdiction, and the St. Clair ex County shall embrace all that tract of country lying west of Willstown tended. valley, and belonging to the Cherokee nation of Indians. And the the county of St. Clair shall embrace all the tract of country belonging to the Cherokee nation of Indians in Willstown valley, and east of the same. prosecuting §2. The expenses of prosecuting and supporting criminals who are Expenses of prosecuted for offences committed on Indian lands, shall be paid out paid by the of the contingent fund, upon a certificate of the judge, made out as in state. cases now provided for by law. Sec. 1. 3. The limits of the county of Autauga are hereby extended, so 1827—(10) as to embrace all that country in the Creek nation lying west of the Autauga exChatahoochie river, south of the dividing line between the Creek and tended. Cherokee nations, east of the Coosa river, and north of a line beginning at the first big falls of the Coosa river, and running in a direct line to Oakfuskee, Old Town on the Talapoosa river, from thence in a direct line to the falls of Chatahoochie river. Civil and the state ex § 4. The civil and criminal jurisdiction of this state, is hereby ex- Ib. Sec 2. tended over so much of the Creek territory, as is described in the criminal juforegoing section; and the circuit court of Autauga is authorized and risdiction of required to enforce the same in as full and ample a manner, in the tended. above described country, as in any other part of the county of Autauga: Provided, That nothing in this act shall be so construed, as to give any Creek or other Indian, any political' or civil rights, other than those of protection under the laws of this state; and that the performance of no public duties, and the payment of no taxes, be required of the same. Circuit court and Shelby diction with 5. The civil and criminal jurisdiction of the circuit court of St. 1828—(2) Clair and Shelby counties, is hereby extended so as to be concurrent Sec. 1. in the Creek nation, with the jurisdiction given to the circuit court of of St. Clair Autauga county, by an act entitled "An act to extend the civil and to have concriminal jurisdiction of this state over so much of the Creek nation, as current juriswas ceded under the treaty of the Indian Springs, of 1825, within the that of Auchartered limits of the State of Alabama," approved January 11th, tauga.. a See § 3 & 4. 1827; and powers equal to those given by said act, to the circuit court of Autauga county, are hereby in all respects extended to the circuit court of St. Clair and Shelby counties. Sec. 1. § 6. All the territory within the following boundaries, to wit: be- 1829—(15) ginning on the bank of Coosa river at the mouth of Kiamulga St. Clair excreek, and running thence with McIntosh's road to the Georgia line; tended. thence with the said line northwardly to the boundary line between the Creek and Cherokee nations; thence westwardly with the said last named boundary to the mouth of Will's creek on Coosa; thence down Coosa to the beginning, shall be added to and form a part of the county of St. Clair. And all the territory in the following boundaries, Shelby exto wit: beginning at the mouth of Kiamulga, and running thence down tended. the Coosa river to Fort Williams; thence in a direct line to Miller's Bend on the Chatahoochie; thence with the boundary line between Alabama and Georgia, to where it crosses McIntosh's road; thence with said road to the beginning, shall be added to, and form a part of the county of Shelby. And all the territory within the following boundaries, to wit: beginning at Fort Williams and running down Montgomery Coosa river to Wetumpka falls; thence along the Indian boundary line to the road leading from Pensacola to Kendall Lewis' old stand on the Federal road; thence along said road to the Chatahoochie river, and all territory north of the aforesaid line, and not attached to any other county, shall belong to, and form a part of the county of Montgomery and all Indian territory lying south of the before described Pike extendline, shall belong to and form a part of the county of Pike. extended. ed. Ib. Sec. 2. Jurisdiction of circuit courts extended; Ib. Sec. 3. court, and court of reve after 1st March, 1830. Court of re- § 7. The jurisdiction of the circuit courts of the above-named counties is hereby extended over their respective limits, as established in the preceding section. §8. The jurisdiction of the orphan's courts and courts of revenue of orphans' of the above named counties shall, after the first day of March, one thousand eight hundred and thirty, be extended over so much of their nue extended respective limits as now constitutes a part of the Creek nation. § 9. It shall be the duty of the court of roads and revenue in the above counties, on the first Monday in July next, or shortly thereafter, to appoint a suitable person, whose duty it shall be to make an accurate census of the Indian population residing in his county, classing them of Indians to into separate classes, to wit: those under ten years; over ten and under twenty-one; over twenty-one and under forty-five; and those over forty-five; the males and females into separate columns, noting the number of mixed blood, and also the number of slaves owned by the Indian population, and make return thereof to the clerk of the county court of the county respectively, and to the secretary of state as soon as practicable. cause census be taken. Ib. Sec. 5. § 10. The person so appointed shall be entitled to three dollars a sus to receive day for the length of time that the court of revenue shall certify is ne3 dollars per cessary to perform said service, and the same shall be a charge upon the state treasury, subject to be reimbursed by such new counties as may hereafter be established out of the Creek Indian territory. day. Ib. Scc. 6. No tax or militia duty imposed. Ib. Sec. 7. Sheriff's compensation § 11. Nothing in this act shall be so construed as to impose taxation or militia duty on the Indians, until the same be specially authorized by the state legislature. § 12. The sheriffs of said counties, for the service of any process in the Creek nation, shall be entitled to such compensation as the prefor serving siding judge of the circuit court, to which such process is returnable, shall certify, at the trial, is just and proper, and the same shall be taxed in the bill of cost. process. 1832-(7) § 13. The civil and criminal jurisdiction of the state of Alabama is State's juris. hereby extended over all the Indian territory within the state of Ala Sec. 1. diction over bama. may be es § 14. The commissioners' courts of revenue and roads, of any Roads, &c., county in this state where Indians inhabit any portion of the territory, tablished in are hereby authorized to cause all such roads, bridges, and ferries, to Indian terri- be established within the territory upon which the Indians may live, as they may think the public good requires. tory. Ib. Sec. 3. Indians exempt from certain duties. Ib. Sec. 4. perpetuate testimony, record wills, &c. § 15. This act shall not be so construed as to compel Indians to muster, or perform any other military duty, to work on roads, or serve on juries; neither shall anything in this act be so construed as to authorize the assessment or collection of any tax whatever, from any Indian, or person of mixed blood descended of Indians, residing within the limits of the territory claimed by any of the Indian tribes, within the chartered limits of this state. § 16. All Indians, or persons of mixed blood descended of Indians. Indians may within the limits of the state of Alabama, may, within the county et their residence, have all the privileges of perpetuating testimony, recording wills, and bills of sale and conveyances, with the testimony of such persons beforementioned, as white persons have in their respective counties with white testimony. Ib. Sec. 5. White set tlers on In § 17. All white persons living within any portion of the country claimed by Indians, and attached to any county in the state, shall be dian lands, in all respects governed by the same laws now in force for the govern governed by ment of the whites. the laws of the state. Indian laws, 18. All laws, usages, and customs, now used, enjoyed, or prac- b. Sec. 6. tised, by the Creek and Cherokee nations of Indians, within the limits &c., abolishof this state, contrary to the constitution and laws of this state, are ed. hereby abolished. enacting 19. If any Indian or Indians shall meet in any council, assembly, b. Sec. 7. or convention, and there make any law for said tribe, contrary to the penalty for laws and constitution of this state, such Indian or Indians shall, upon laws. conviction, be imprisoned in the common jail of the proper county, not less than two, nor more than four months. May meet § 20. It shall, at all times, be lawful for the chiefs and head-men, Ib. Sec. 8. or any portion of any of the Indian tribes within this state, to meet commisany agent or commissioner of the United States, or this state, for sioner. any purpose whatever; and any person attempting, by persuasion or by force, to prevent such meeting on the part of the Indians, shall, upon Penalty for conviction thereof before the circuit court of the county where the such meetoffence may be committed, be imprisoned three months. § 21. In all cases where suit is brought on contracts hereafter made, to recover money or property from any Indian, the consideration shall be proved by two creditable witnesses. preventing ing. b. Sec. 9. Proof in suits. Penalty for § 22. If any person or persons shall confiscate, or attempt to con- Ib. Sec. 10. fiscate, the property of any person or persons, in consequence of his endeavoring or her enrolling for emigration, or offering to enrol, such person or to prevent persons shall, upon conviction, be imprisoned in the common jail of emigration. the proper county, not less than two, nor more than four months. This act to § 23. It shall be the duty of the governor of this state, to cause to Ib. Sec. 11. be printed and distributed two hundred copies of this act, to each of be distributhe Indian tribes within the chartered limits of this state. ted, and given in charge to the § 24. It shall be the duty of the judges of the circuit courts to give b. Sec. 12. this act in charge to the grand juries of those counties to which any portion of the Indian territory is attached. grand juries. Contracts for § 25. Contracts freely and voluntarily made, whereby any white ro. Sec. 14. man shall purchase an improvement or claim of any Indian, on any of the unceded territory in this state, and shall actually receive posses- sessions, vasion thereof, shall be obligatory on the parties to such contract: Pro-Their requi vided, The same is made in the presence of one respectable free sites. white person, and reduced to writing, in which shall be specified the terms of such contract; And provided, A valuable consideration be paid for such claim. INSOLVENT DEBTORS. Art. 1. when discharged. Sec. 23. § 1. THE person of a debtor, where there is not strong presump-Con. Ala. tion of fraud, shall not be detained in prison, after delivering up his Sec. 18. estate for the benefit of his creditors, in such manner as shall be pre- Debtors, scribed by law. §2. For the relief of insolvent debtors, who shall be taken in exe- 1807–(21) cation, and to prevent the long imprisonment of unfortunate people, How insolwhich can be of no benefit, but rather a disadvantage to their creditors: vent debtors Be it enacted, That if any person shall be taken or charged in execution in any suit, commenced or prosecuted in any court of record from confine within this territory, it shall be lawful for any judge or justice of the said court, or of the court of that county or corporation, to whose jail such person shall be committed, by warrant under his hand and seal, to command the jailer or keeper of the said prisoner, to bring before the said court, if sitting, or if not sitting, in case it be a superior court, may be dis charged ment. |