1811-(11) Sec. 25. Partial pay. INTEREST. § 1. WHEN partial payments are made on bonds, contracts, or assurances for the payment of money, or property, that bear interest, ments made, agreeably to the laws of this territory, the interest that then thus acinterest first crued shall be first credited, and the balance of such partial payment shall be placed to the payment of the principal. credited. 1818-(5) cent. allowed Banks allow. ed only 6 per cent. 1818-(10) Notes not ex dollar, to § 2. On all contracts, written or verbal, ascertaining the sum due, where no specific premium or rate of interest is expressed, interest shall be taken, recovered, and allowed, at the rate of eight per centum per annum, from and after said sum is due and payable. § 3. Nothing in this act contained, shall be so construed as to make it legal for any bank to receive more than at the rate of six per centum per annum, for and upon its loans and discounts. §.4. All notes or bills for a sum not exceeding one dollar, drawn by Sec. 1. any individual or private copartnership, or association, or corporate ceeding one body, (except regularly chartered banks,) and made payable to any bear interest person, or order, or bearer, or simply expressing a sum due, shall be at the rate of deemed and taken to bear interest at the rate of one hundred per cen100 per cent. tum per annum, calculating the said interest from the date of such notes or bills as may be hereafter issued, and from the time of presentment for payment of such as have been issued before the passage of this act. 1818-(14) § 5. All judgments shall bear interest from their date, at the rate esJudgments to tablished by law for contracts specifying no rates. bear interest. NOTE.-Banks refusing specie payment, are liable after demand, and during such refusal, to pay interest on their notes at the rate of twelve per cent. per annum. See Con. Ala. Art. 6.-Banks. (Rule 6. p. 56.) Judgments rendered on motion against constables, for failing to pay over money collected by them, bear interest at the rate of five per cent. per month.-See "Executions."— § 81. Con. Ala. Sec. 1. JUDICIARY-JUDGES AND Courts. § 1. THE judicial power of this state shall be vested in one supreme court, circuit courts to be held in each county in the state, and such Judicial pow- inferior courts of law and equity, to consist of not more than five members, as the general assembly may, from time to time, direct, ordain, and establish. er, where vested. Sec. 11. Compensa. tion of judges. Sec. 12. § 2. Judges of the supreme and circuit courts, and courts of chancery, shall, at stated times, receive for their services a compensation, which shall be fixed by law, and shall not be diminished during their continuance in office: but they shall receive no fees or perquisites of office, nor hold any other office of profit or trust under this state, the United States, or any other power. § 3. Chancellors, judges of the supreme court, judges of the circuit Judges, how courts, and judges of the inferior courts, shall be elected by joint vote of both houses of the general assembly. Sec. 13. vice. §4. The judges of the several courts of this state shall hold their (Amendment, offices for the term of six years; and for wilful neglect of duty, or Jan. 16, 1830.) Term of ser other reasonable cause, which shall not be sufficient ground for imHow remov. peachment, the governor shall remove any of them, on the address of two-thirds of each house of the general assembly: Provided however, That the cause or causes for which such removal shall be required, shall be stated at length in such address, and entered on the journals ed. of each house: And provided further, That the cause or causes shall be notified to the judge so intended to be removed, and he shall be admitted to a hearing in his own defence, before any vote for such address shall pass; and in all such cases, the vote shall be taken by yeas and nays, and entered on the journals of each house respectively: And provided also, That the judges now in office may hold their of- Those in fices until the session of the general assembly, which shall be held office may rein the year one thousand eight hundred and thirty-three, and until their session of successors shall be elected and qualified, unless removed by address or impeachment. main until 1833. fies. $5. No person who shall have arrived at the age of seventy years, Sec. 14. shall be appointed to, or continue in, the office of judge in this state. Age disquali§6. The judges of the supreme court shall, by virtue of their offices, sec. 16. be conservators of the peace throughout the state; as also the judges Judges, con. of the circuit courts in their respective districts, and judges of the in- the peace. ferior courts in their respective counties. servators of Sec. 14. §7. All courts shall be open, and every person for an injury done Art. 1. him, in his lands, goods, person, or reputation, shall have remedy by Courts to be due course of law, and right and justice administered without sale, open, &c. denial, or delay. § 8. The right of trial by jury shall remain inviolate. Sec. 28. 9. No person shall be debarred from prosecuting or defending any sec. 29. civil cause, for or against him or herself, before any tribunal in this Right of prostate, by him or herself, or counsel. secuting and defending. SUPREME COURT. Art. 5, Sec. 2. court. §1. THE supreme court, except in cases otherwise directed by this Con. Ala. constitution, shall have appellate jurisdiction only, which shall be co- Powers of the extensive with the state, under such restrictions and regulations, not supreme repugnant to this constitution, as may from time to time be prescribed by law: Provided, That the supreme court shall have power to issue writs of injunction, mandamus, quo warranto, habeas corpus, and such other remedial and original writs as may be necessary to give it a general superintendence and control of inferior jurisdictions. (1) To be held until other ed. 2. Until the general assembly shall otherwise prescribe, the Sec. 3. powers of the supreme court shall be vested in, and its duties shall be by judges of performed by, the judges of the several circuit courts within this circuit court state and they, or a majority of them, shall hold such sessions of wise directthe supreme court, and at such times as may be directed by law: Provided, That no judge of the supreme court shall be appointed before the commencement of the first session of the general assembly, which shall be begun and held after the first day of January, in the year one thousand eight hundred and twenty-five. To be holden 3. The supreme court shall be holden at the seat of government, Sec. 4. but may adjourn to a different place, if that shall have become danger- at seat of goous from an enemy or from disease. vernment. Sec. 4. Powers of the 4. The judges of the supreme court of errors and appeals, and 1814—(4) each of them, shall have power and authority to issue forth writs of error, to the several superior courts of law and equity, to remove any judges, and judgment or decree, either at common law or in chancery, into the court. said supreme court; and also writs of certiorari, habeas corpus, and (1) The supreme court has a general supervising power over all inferior judicial tribunals which may be erected, to prevent the violation of a positive right. Bell et al. v. Payne and Williams. 2 Stewt. Rep. 413. duties of the Sec. 1. all remedial and other writs and process, properly allowable by a judge of the supreme court of errors and appeals, returnable to the same; and the said supreme court shall hear and determine all manner of pleas, plaints, and causes, both at law and in equity, which shall be removed, and brought before it, from any of the superior courts of law and equity, and all causes, matters, and things, cognizable in the same; but no cause shall be removed into the said supreme court, until after final judgment in the court below, except where the judge or judges in the said court below shall doubt as to the law, or rule of decision; and in that case, he or they may respite the final judgment, and refer the question to the said supreme court, for their determina tion; and if the point or question does not appear on the record, it shall be the duty of the judge in the court below to state the same in writing, and send it, with the other proceedings in the cause, to the said supreme court, who shall have power and authority to grant judg ment thereon, according to the right of the matter, and award execution, except it be necessary, in consequence of the determination of the said supreme court, that facts be ascertained, or damages assessed by a jury, in which case the cause shall be remanded to the court from whence it was brought. 1832-(31) § 5. The judges of the supreme court are hereby authorized and Writs of in- required to grant writs of injunction and supersedeas in the same manjunction and ner, and under the same regulations, as the judges of the circuit courts supersedeas. of this state are or may be authorized to grant the same. Sec. 22. ons in writing. error allow. 1819-(6) § 6. The judges of the court of errors and appeals, as well as the Judges to file circuit court judges, shall, as to the decisions on all material points, their opini file their opinions in writing, among the papers of the cause in which such opinion may be given, within ten days after such opinion may On writ of be delivered; and when a writ of error shall be allowed to reverse the ed, opinion of judgment of any circuit court in any cause, the clerk thereof shall circuit judge send a transcript of the opinion of the judge to the court of errors and appeals, as a part of the record of the cause, properly certified. (1) 7. It shall be the duty of the judges of the court of errors and Judges to es appeals, at the first term of said court, or as soon thereafter as may be of proceed. practicable, to ordain and establish rules and regulations, for the government of the proceedings and practice in said court; also to esta preme court, blish a regular and uniform practice throughout all the courts of re to accompa ny the re cord. Ib. Sec. 23. tablish rules ings in su and uniform practice in inferior courts. 1832-(6) Sec. 1. Supreme court to be judges. Tenure of office. Ib. Sec. 2. Court to cord in this state. 66 § 8. The supreme court for this state, (both in law and equity,) shall hereafter be held by, and the powers of the same shall be vested in, and its duties shall be performed by, three judges, to be elected by held by three joint vote of both houses of the general assembly, who shall be styled Judges of the Supreme Court of Alabama," and shall hold their offices for and during the term of six years, from their appointment. § 9. The said judges, or a majority of them, shall continue to hold Gill all busit the sessions of the said court, from day to day, (Sundays excepted,) ness is com- until the business thereof be completed; and shall at their first session, pleted. To appoint appoint one of their own body, "Chief Justice of the Supreme Court," chief justice. which appointment shall be entered of record: and in case of his absence at any succeeding time, one of the judges present shall be appointed "Chief Justice pro tempore," and all orders of the court One judge, or shall be signed by him: Provided always, That one judge, or if no may adjourn judge appears, the sheriff, may adjourn the court from day to day, until a sufficient mumber appear to constitute a court, if that shall be the sheriff, court from day to day, and to next term. (1) Certiorari allowed by the supreme court, to bring up a transcript of the judge's opinion below. Olds v. Sargent, Min. Rep. 320. before the sixth day of the term, at which time, if a sufficient number of judges cannot appear to form a court, the judge or sheriff, as the case may be, shall adjourn the court to the next stated term, to which term all cases shall stand continued. Judges' oaths 10. The said judges shall, before they enter upon the discharge of Ib. Sec. 3. the duties of their office, take and subscribe the several oaths now of office. required by law to be taken by the various officers of this state, which oaths so taken and subscribed, shall be filed in the secretary of state's office. 11. The present clerk of the supreme court, shall continue in Ib. Sec. 5. office until the expiration of the term for which he was elected; Clerk. after which time the said judges of the supreme court shall have the appointment thereof. 1833-(37) § 12. Within three days after the judges of the supreme court 1832-(15) shall have been elected, it shall be their duty to open said court, and Sec. 3. Supreme proceed with the business thereof; and said court shall hereafter court held first Monday commence on the first Mondays in January and June in each year. in January §13. The judges of the supreme court, may hold adjourned terms and June. of said court, for the trial of such causes as the counsel on both sides Sec. 1. thereof may agree to set for trial at such adjourned term, to be called Judges of the and heard in the order in which they are set for trial, of which the court may clerk shall make record; and it shall be the duty of the court to cause hold adjournto be entered of record at the time of setting such causes for trial, the time of the commencement of such adjourned term. REPORTS OF DECISIONS. supreme ed terms. Decisions of § 14. THE decisions of the supreme court shall be published at the 1833-(31) expense of the state: and the governor of the state is hereby directed Sec. 1; to cause proposals to issue for the publication thereof, for at least two the supreme months previous to giving said contract, and shall require bond and security for the faithful performance thereof. court to be published by the state. Governor to Bond. duties. § 15. The reporter appointed by the judges of the supreme court, give notice. shall prepare for publication a sufficiency of the decisions of the supreme court, which with the accompanying notes, memoranda and Reporter's index, will compose a volume of at least five hundred pages: one volume of which shall be published yearly; and the said reporter shall be entitled to receive as his salary for preparing the said decisions for Salary. the press, making an index thereto, and revising the proof-sheets, the sum of one thousand dollars; and the comptroller, on the certificate of a majority of the judges of the supreme court that the decisions have been correctly reported, shall issue his warrant for the above amount. § 16. The said books shall be exposed to sale in the mode pointed Ib. Sec. 3. out for the new digest, at a sum not exceeding five dollars.1 Sale of re ports. § 17. On the certificate of the governor of the state that the work has b. Sec. 4. been correctly executed, the comptroller shall issue his warrant for the amount therein specified. secure copy §18. The said reporter shall secure the copyright of the said book b. Sec. 5. for the use of the state of Alabama, and shall be entitled to five hundred Reporter to copies of the said book, to be published at his own expense, and not right to sold within the limits of this state. state. Sec. 2. §19. There shall be delivered to the secretary of state, for the use 1831—(9) of the state, eighty-five copies of all reports so published as soon as To deliver each volume shall be completed: which copies shall be distributed secretary of 1 See "Laws." state 85 co- buted. [a 1833-(18) Sec. 1.] How distri. as follows, viz: to the governor, the judges of the supreme and cir cuita courts, the judges of the several county courts, the attorney general, and the comptroller of public accounts, one copy each: four copies for the use of each house of the general assembly; and the residue shall be deposited in the office of the secretary of state and in case of the death, resignation, or dismission from office of either of the officers before mentioned, the copies of the decisions delivered to them as aforesaid, shall belong and be delivered to their successors in office. Con. Ala. Circuits and judges. CIRCUIT COURT. § 1. THE state shall be divided into convenient circuits, and each Art. 5, Sec. 5. circuit shall contain not less than three, nor more than six counties: and for each circuit there shall be appointed a judge who shall, after his appointment, reside in the circuit for which he may be appointed. §2. The circuit court shall have original jurisdiction in all matters, Jurisdiction. civil and criminal, within this state, not otherwise excepted in this constitution; but in civil cases, only when the matter or sum in controversy exceeds fifty dollars. Sec. 6. Sec. 7. Two courts a year. Alternation of judges. Acts from 1821 to 1:33, Circuits ar consolidated. ranged. 1st Circuit. Spring Terms. Conecuh. Monroe. Clarke. § 3. A circuit court shall be held in each county in the state, at least twice in every year, and the judges of the several circuit courts, may hold courts for each other, when they may deem it expedient, and shall do so when directed by law. § 4. The state shall be divided into eight judicial circuits, to be composed of the counties, and to hold their sessions as follows, to wit: The first circuit shall be composed of the counties of Baldwin, Conecuh, Washington, Clarke, Monroe and Mobile. on the se The spring terms of the first judicial circuit, shall be holden at the times following, to wit:-In the county of Conecuh, cond Monday in March, in each and every year, and continue one week; in the county of Monroe on the third Monday in March, and continue two weeks; in the county of Clarke, on the first Monday Washington. after the fourth Monday in March, and continue one week; in the County of Washington, on the second Monday after the fourth MonBaldwin. day in March, and continue one week; in the county of Baldwin, on the third Monday after the fourth Monday in March, and continue one week; in the county of Mobile, on the fourth Monday after the fourth Monday in March, and continue until the business before said court is disposed of. Mobile. Clarke. Monroe. Conecuh. Fall Terms. The fall terms of the first judicial circuit shall be holden as follows, Washington. to wit:-In the county of Washington, on the second Monday in October; in the county of Clarke on the third Monday in October: in the county of Monroe, on the fourth Monday in October; in the county of Conecuh, on the second Monday after the fourth Monday in October; in the county of Baldwin, on the third Monday after the fourth Monday in October; in the county of Mobile, on the fourth Monday after the fourth Monday in October; and may respectively continue the same length of time as at the spring terms. Baldwin. 2d Circuit. Dallas. Lowndes. Autauga. Bibb. § 5. The second judicial circuit shall be composed of the counties of Dallas, which shall commence on the fourth Mondays in March and September, and continue two weeks; of Lowndes, on the second Mondays after the fourth Mondays in March and September, and con tinue one week; of Autauga, on the third Mondays after the fourth Mondays in March and September, and continue one week; of Bibh on the fourth Mondays after the fourth Mondays in March and Sep |