for the faithful performance of his duties; which obligation shall be recorded in the office of the clerk of the county court, within the Bond to be county where the notary may reside, and may be sued by any party recorded. or parties injured, in like manner, and with like effect, as bonds Liability on given by sheriff's and coroners, for the faithful execution of their respcetive offices. bond. Where there § 8. Where there is no notary public, or where the notary is ab- 1814—(17) sent or incapable of acting, any justice of the peace may discharge the Sec. 28. duties required of such notary by the acts of this territory, for which is no notary he shall receive the fees allowed by law for such services. public, or he cannot act, as such. Notarial pro 9. The protest of a notary public which shall set forth a demand, justice to act refusal, non-acceptance, or non-payment of any inland bill of exchange, 1828-(23) or other protestable security for money or other thing, and that legal Sec. 1. notice, expressing in the said protest the time when given of such fact test to be evior facts, was personally, or through the post-office, given to any facts it purof the parties entitled by law to notice, shall be evidence of the facts ports to conit purports to contain, aud entitle the holder of such security to the tain. damages to which by law he may be entitled. NOTE. For Notaries' Fees-See "Fees,"-p. 189. dence of the NOTES, BILLS, AND BONDS. Sec. 2. 1. WHENEVER any receipt shall be signed by the owner or owners 1807-(1) of any cotton-gin or gins, or by their servant or agent who is usually Cotton reentrusted to sign such receipts, commonly called "cotton" receipts, ceipts. whereby such owner or owners, his, her, or their servant or agent, shall acknowledge to have received any quantity of cotton; the quantity of cotton mentioned in such receipt shall be construed to be, by virtue thereof, due and payable to the person or persons of whom the same is acknowledged to have been received. And such cotton receipt shall be assignable over in like manner as promissory notes are How assign by the foregoing section of this law. And the person or persons to whom such cotton receipt is assigned or endorsed, may maintain an Assignee's action against the owner or owners of any cotton-gin, his, her, or tion. their servant or agent, who signed such cotton receipt, or any who may have endorsed the same, as in cases of promissory notes aforesaid, and recover damages and costs of suit. able. right of ac Cotton re ceipts, how strued, and § 2. All cotton receipts given by gin-holders, in which no time of 1h. Sec. 3. payment or delivery of the cotton therein mentioned is expressed or limited, shall be taken and construed to be payable or deliverable to be conwithin four months from the date or delivery of such receipts: and on how recoverthe non-payment or non-delivery of any cotton specified in any re able. ceipt, expressing the time of payment or delivery thereof, at the time so expressed; or on the non-payment or on the non-delivery of any cotton specified in any receipt not expressing the time of payment or delivery thereof, at the expiration of the said four months; the legal holder or holders of such cotton receipt shall, in either case, after lawful demand made, be entitled to recover twenty per centum damages, on the value of the cotton specified in such receipt, with costs of suit: Provided, That if any owner of a gin shall deliver the full amount of any cotton due on any such receipt, within fifteen days after lawful demand shall have been made by the legal holder of such receipt, or 1 "As inland bills of exchange are by custom of merchants in England." Ib. Sec. 4. Orders for the payment of money. Holder not entitled to sue drawer until after non-accept ance by the drawee, and notice thereof to the drawer. Ib. Sec. 5. Damages on protested bills. Ib. Sec. 6. on bills payable within the state. To be protested in the bills. by his agent And provided also, That when from default of the owner or holder of the said receipt, the necessary bagging and cordage have not been duly supplied; then, in either case, such owner of a gin shall not be liable to pay any damages whatsoever. 3. When any person or persons shall, by order in writing, signed by his or her proper hand, direct the payment of any sum or sums of money, in the hands or possession of any other person or persons whatsoever, the money therein specified shall, by virtue thereof, be due and payable to such person or persons to whom the same is drawn payable, and may be put in suit against the person or persons who may draw the same, or against the person or persons on whom the same shall be drawn (after acceptance thereof) by him or them, to whom the same shall be made payable, and damages recovered thereon: Provided nevertheless, That no person or persons whatsoever, shall prosecute any suit against any person or persons who shall give such order for the money herein mentioned, before the same shall have been presented for acceptance, and notice given of the non-acceptance thereof to the drawer; or before the same shall have first been protested or non-accepted, and notice given thereof to the drawer before such suit shall be brought; and if any suit shall be brought on any such order before notice and refusal to pay as aforesaid, the plaintiff or plaintiffs shall be non-suited and pay costs.1 § 4. On all bills of exchange drawn upon any person resident within the United States and out of this territory, which shall be returned protested, the damages shall be fifteen per cent. on the sum drawn for, and on all bills in like manner drawn upon persons resident out of the jurisdiction of the United States, being protested, the damages shall be twenty per cent. on the sum mentioned in said bills respec tively, and all charges incidental thereto, with lawful interest as aforesaid, until the same be paid. § 5. Every bill of exchange, of the sum of twenty dollars and upwards, drawn in, or dated at, and from any place in this territory, upon drawn and any person or persons within the said territory, and payable at a cer tain number of days, weeks, or months, after date or sight thereof, shall, in case of non-acceptance by the drawee, when presented for acceptance; or if accepted, in case of non-payment by the same man drawee, when due and presented for payment, be protested by ner as foreign a notary public, in like manner as foreign bills of exchange, and the damages on such bill shall be ten per cent. on the sum drawn for, and shall in every other respect be regulated and governed by the same laws, customs, and usages, which regulate and govern foreign bills of exchange: Provided, That such protest shall, for want or in default of a notary public, be made by any justice of the peace, whose act in such case shall have the same effect as if done by a notary public. § 6. All bonds, obligations, bills single, promissory notes, and all other writings for the payment of money, or any other thing, may be assigned by endorsement, whether the same be made payable a Provisions to the order or assigns of the obligee or payee, or not; and the assignee may sue in his own name, and maintain any action which the obligee or payee might have maintained thereon previous to assignment, (1) and in all actions to be commenced and sued upon any 1812 (8) extended. See § 18. Assignee may sue. 1 Notice of non-payment is required only on bills and notes payable in bank,— See § 13. 2 Ten per cent. on protest for non-payment,—See § 7. (1) A note under scal payable to A. B. or bearer, is not transferable by delivery so as to enable the bearer to maintain an action on it in his own name, Sayre v. Lucas, 2. Stewt. Rep. 259. and sets-off assignee. such assigned bond, obligation, bill single, promissory note, or other What credits writing as aforesaid, the defendant shall be allowed the benefit of all are allowed payments, discounts, and sets-off, made, had, or possessed against the against the same, previous to notice of the assignment, (1) in the same manner as if the same had been sued and prosecuted by the obligee or payee therein; and the person or persons to whom such instrument so pay- Assignee able is assigned, may maintain an action against the person or persons may sue enwho shall have endorsed the same, as in cases of inland bills of exchange. (2) dorser. Damages on protest. § 7. On inland bills of exchange, on persons without the limits of Ib. Sec. 5. this territory, the damages on protest for non-payment, shall be ten per cent. besides legal interest, from and after the date of such protest, anything contained in the fifth section of the act to render promissory notes and cotton receipts negotiable, and for other purposes, to the contrary notwithstanding.a a See § 4. Sec. 1. Five per ges on bills, § 8. On all bills of exchange or drafts drawn by any person or 1832-(35) persons in this state, and payable at any place within this state, and on all bills of exchange or drafts drawn by any person or persons cent. dama. in this state, upon any person or persons either in or out of this state, &c., purcha and payable at any bank or other place in the city of New-Orleans, set by that may be purchased or discounted by the bank of the state of Alabama or any branch thereof, and which may be protested for non-acceptance or non-payment, the damages shall be five per cent. and no more. sed by the Preamble. Whereas, there hath been much uncertainty in the decisions of the 1828-(29) courts of this state, respecting the manner in which persons may bring suit upon any bond, bill, note, or other instrument in writing, which may be the foundation of such suit, and which bond, bill, note, or instrument may have been lost, for remedy whereof: How to re stroyed or § 9. Be it enacted, &c. That when any person may have or own, or Sec. 1. may have had or owned, any bond, bill, note, agreement, or other in- cover on strument in writing, the right or title to the same remaining in him, bonds deher, or them, and the same shall be, or shall have been destroyed by lost. fire, or lost by accident, such person or persons shall be authorized, upon first making oath in writing, of the loss of such bond, bill, note, agreement, or other instrument, and that the same has not been paid, satisfied, or discharged, to sue at common law for, and recover upon the same, upon making proof of the contents of such bond, bill, note, agreement, or other instrument, so lost or destroyed. Lost bonds, 10. Any person or persons defending any suit, shall have a right b. Sec. 2. to plead the loss of any such bond, bill, note, agreement, or other in- how made strument in writing in bar, as a release, set-off, or in avoidance of off sets, &c. any suit or suits against him, her, or them, on first making oath to the truth of such plea. Preamble. Whereas much injury has been done to the citizens of this state by 1828—(30) means of the uncertainty of the decisions of the courts of this state in relation to the proper time at which endorsers of bills, notes, bonds, and other instruments made negotiable by endorsement, by law, shall make demand of payment of the payors of such nogotiable instrument, for remedy whereof: § 11. Be it enacted, &c. That hereafter the remedy on bills of ex- Sec. 1. change, foreign and inland, and on promissory notes payable in bank, Days of test, and notice on (1) A cotton receipt, assigned by the payee before it is due, is not subject bills and in the hands of an innocent endorsee without notice, to a set-off existing notes payaagainst the payee. Winston v. Moseley, 2 Stewt. Rep. 137. (2) The reasonableness of notice to the endorser, is a question for the jury. Brahan & Atwood v. Ragland, Min. Rep. 85. ble in bank. tition of a &c., one of or heirs being under age. whom being under age, and their shares being undivided, such devijoint devise, sees may apply to the orphans' court of the county in which the said the devisees last will and testament was proved and recorded; and the said court, on application of any one of the said devisees, may order a division thereof to be made, agreeably to the true intent and meaning of the said last will and testament; and each devisee's share shall be ascer tained by three or five indifferent freeholders, appointed by the court, and a report made thereupon by them, or a majority of them, under their hands and seals, to the next orphans' court, after such division shall be made; such report being approved by the said court, and entered on the records thereof, shall be conclusive to all parties concerned. And when the real estate of any person dying intestate, shall descend to two or more children, or other heirs of such intestate, one or more of whom being under age, the said court, on application, may order and direct a division of such real estate agreeably to the law of descents; the metes and bounds of each heir's share to be ascertained by three or five indifferent freeholders, appointed as aforesaid, and whose report, or that of a majority of them, returned, approved, and recorded as aforesaid in case of devisees, shall be conclusive on all parties concerned: Provided, That in each case the report of the said freeholders shall be returned under oath: And provided also, That the devisees or heirs in this territory, or the guardians of such as are under age not applying for such division, shall have such notice of the time and place of the meeting of the said freeholders, for the purpose of making the said division, as the court shall direct. Provisos. 1819-(18) Who liable duty. Captains of panies re tail patrol detachments. PATROLS. H 1. EvERY male owner of slaves, and all other persons below the to do patrol rank of ensign, liable to perform military duty, are hereby declared liable to perform patrol duty, as hereinafter directed; but shall be at liberty to send a substitute to perform said duty in their stead. § 2. It shall be the duty of every captain of infantry in this state, to militia com. cause to be made a complete list of all the male persons within the quired to de- bounds of his company, liable to perform patrol duty; including in the said list every person liable as aforesaid, whether belonging to the militia company under his command, or to any other company; and in the said list the said captain shall cause to be included every person liable as aforesaid, who shall come to reside within said bounds, with in ten days after such person shall reside therein; and it shall be their duty to regulate patrols within their own companies, by making, a every company muster of their respective companies, by rotation, a list of patrol detachments, and appoint to every such detachment a proper officer or leader: which detachments shall severally consist of number com- not less than three, nor more than five men beside their leader, who term of duty. shall perform the duties of patrols, once in each week, for the term of two months, or until the next company muster, except at the last mus ter in each year, at which time it shall be the duty of the captain to appoint two patrol detachments, as also to designate the time each detachment shall serve: Provided, No one shall be compelled to serve out of his regular routine of duty. Of what posed, and Duties of patrol detachments § 3. It shall be the duty of each patrol detachment, to visit all negro quarters, all places suspected of entertaining unlawful assemblies of slaves or other disorderly persons unlawfully assembled, and upon finding such disorderly person or persons, to take him, her, or them, if free, before the nearest justice of the peace of such county, or make report thereof to said justice, so that he, she, or they, may be dealt with according to law; and if any slave or slaves shall be found so assembled, or strolling without a pass, or some token from his or her owner or overseer, the said patrol may give any such slave any number of lashes, not exceeding fifteen; and if there be reason to suspect any Runaway such slave or slaves to be runaway from his or her owner, they shall slaves. take such slave or slaves before the nearest justice of the peace for such county, to be dealt with according to law, and be allowed and paid by the owner, for all runaway slaves so taken up, the sum of Fines approten dollars, and shall also be entitled to receive all other fines to which priated to patrol. parties may be liable, which they may bring before any jurisdiction having cognizance thereof. notice of ing to patrol. how punish ed. § 4. The officer or leader of every patrol detachment, shall give no- Leader of tice to every person thereto belonging, of the time and place of meet- patrol to give ing to patrol, and every person, who, after such notice, shall fail to time and attend or send a substitute in his place, or shall, after attendance, ne-place of meetgleet a faithful performance of patrol duty, shall be returned by the patrol officer or leader, to the captain in whose bounds he may reside; and should the said defaulter, so returned, be subject to do militia Defaulters, duty, the captain shall return said defaulter to the next court-martial, who shall be fined at the discretion of the court-martial, in any sum not exceeding ten dollars; one-half thereof shall, when recovered, accrue to the said officer or leader, and the other half thereof to the other persons who shall have performed patrol duty in the detachment wherein the default shall have occurred; but should the defaulter so returned to the captain not be subject to do militia duty, the captain shall forthwith return said defaulter to some justice of the peace for said county, who shall issue his warrant within ten days thereafter, requiring such defaulter to appear before him; and in case the said defaulter shall not appear before him, it shall then be the duty of the said justice, on proof of service of the process, and on proof of the service of the notice required by the preceding part of this section, of the time and place of meeting to patrol, to give judgment and issue execution against the said defaulter, for the sum of five dollars with costs, to be distributed as before named in this section: Provided, That if a sufficient Excuses to be excuse be given to the said justice or court-martial, if such excuse be given at the hearing, then the said justice or court-martial shall not give judgment; nevertheless the said defaulter shall pay costs. heard. leaders of duty. 5. The officer or leader of every patrol detachment shall, for ne- Liability of glecting to give the notice hereinbefore required, or neglecting to pro-detachments secute for the forfeiture, as hereinbefore directed, or for neglecting any for neglect of other duty required by this act, be returned to the captain, by any one of the detachment, wherein the default shall have occurred; and it shall be the duty of the captain to report the said defaulter to the next court-martial, who shall be fined in a sum not exceeding ten dollars : the said forfeiture, when recovered, shall be divided between those persons who shall have performed patrol duty in the detachment wherein the default shall have occurred; and if any commanding offi- [a 1812—(9) cer of any militia company shall knowingly neglect for three months Sec. 4.] to make such return, or shall neglect or omit any other duty by this commanding act required, or the act to which this is an amendment, he shall forfeit officer of comtwenty dollars to the use of any person suing for the same. Penalty on pany, &c. § 6. If the regular muster of any military company shall not be held Patrol to be at the appointed time, it shall be the duty of the commanding officer of appointed, the company, to appoint such detachment of patrol, as shall be next muster. though no |