Leaders re sponsible for conduct of the orderly their de tachments. Proviso. Patrols, &c., sued, may and give this act in evidence. in routine, and inform the officer or leader thereof, who shall forthwith act accordingly. 67. It shall be the duty of the captains of companies to appoint the officers or leaders of patrols, from the most discreet persons within their bounds, which officer or leader shall be accountable for the orderly conduct of the detachment: Provided, That if he shall forthwith report any disorderly conduct or disobedience of any patrol-man of his detachment, agreeably to the third section of this act, then such disorderly or disobedient patrol-man shall, exclusive of the foregoing fine, moreover be liable to pay any damages which may happen to any individual in consequence of his disorderly conduct, to be recovered be fore any tribunal having cognizance thereof. §8. If any commanding officer, constable, patrol-man, or other per plead the go. son, shall be sued, arrested, or impleaded, for any matter or thing neral issue, which he shall do or cause to be done, by virtue of, or in pursuance of this act, it shall be lawful for every such captain or other officer or person, to plead the general issue, and give this act and the special matter in evidence on the trial; and if a verdict shall pass against the Defendant plaintiff or plaintiffs, or if they shall be nonsuited in his or their action allowed dou- or suit, the court where such action shall be pending, shall tax and allow the defendant, his or their double costs, in every such suit or prevailing. ble costs. Patrols to go in search of bored. action. § 9. If any of the patrols as aforesaid, under this act, should receive slaves har any information of any person or persons harboring any negro or ne groes, or slaves, belonging to any other person or persons whatsoever, they shall immediately, on receiving any such information, summon together their patrols, and go immediately in search of said negroes, and if found, take them forthwith to the nearest justice of the peace: and if no owner comes and claims said slave or slaves, it shall be the duty of said justice to commit such slave or slaves to the common jail of the county. How dealt with when taken. 1812-(9) Sec. 5. § 10. Any person interested in any of the forfeitures prescribed by Person inte. this act, or by the act to which this is an amendment, shall be a comrested in for petent witness in any suit for any of the said forfeitures.1 feitures com petent wit ness. PHYSICIANS. 1823-(19) Physicians to be licensed. Bonds, &c., taken by phy sicians not licensed, void. Medical boards estab- To meet an. § 1. No person shall be allowed to practise physic, or surgery, or branch thereof, or in any case to prescribe for the cure of diseases any for fee or reward, unless he shall have first been licensed to do so, in the manner hereinafter prescribed. § 2. All bonds, notes, promises, and assumpsits made to any per son or persons not licensed in manner hereinafter mentioned, the con sideration of which shall be for services rendered as a physician or surgeon, in prescribing for the cure of diseases, shall be utterly void and of no effect. § 3. In order to the proper regulation of the practice of physic and surgery, there shall be established five boards of physicians; one at Huntsville, one at Tuscaloosa, one at Selma, one at Clairborne, and one at the city of Mobile; to consist of five members each, to be elected 1 The sections inserted from the act of Dec. 18, 1812, allude to duties and granting li- forfeitures contained in that and a prior act, all of which, with a modification as to form only, are incorporated in the act of Dec. 17, 1819, which forms the body of this title. censes. by joint vote of both houses of the general assembly; which boards shall meet annually for the purpose of examining all applicants for a license to practise medicine; and if on such examination they are found competent, shall grant such applicants a license to practise physic and surgery: Provided, That two members of either of the Quorum. said boards shall constitute a quorum to make such examination, and to grant such license: And provided also, That any one of the mem- Temporary bers of either of the medical boards shall be authorized, during the re- permits. cess of the annual meetings, to examine any applicants, and if on examination deemed competent to practise medicine and surgery, shall grant them permission to practise until the next annual meeting of the board, of which the physician granting such permission is a member, to whom said applicant shall apply for a license to practise medicine and surgery, and if refused, shall not be again permitted to practise except by a license from one of the boards: Provided however, That Members of no member of the legislature shall be elected a member of the medical legislature board, during the term for which he was elected a member of the ·legislature. ineligible. 4. The meetings of the said boards respectively, shall be held on the Fees. first Monday in December annually: and the said boards shall be entitled to demand and receive of every applicant, the sum of five dollars (1898-(42) Sec. 3. for each examination; five dollars for every license or diploma and five 1830-(9) Sec. 23.] dollars for granting permits during the recess of their regular meetings; How approto be appropriated in any manner that a majority of the medical board priated. may think proper. § 5. The said medical boards may elect all such officers, and frame officers and all such by-laws as may be necessary to carry this act into effect; by-laws. and when any vacancy may happen in any of the boards by death or [a 1828-(42) Sec. 5.] otherwise, a quorum may fill the vacancy until the meeting of the next general assembly, when such vacancy shall be filled by a joint Vacancies. vote of both houses. annual meet. § 6. If any of the members by this act appointed to constitute the Members abboard of physicians to meet at the several places hereinbefore appoint- sent at two ed, shall fail to attend the meetings of the said boards of physicians ings, seat vafor two successive annual meetings of the same, he shall be no longer cated. considered a member thereof; and it shall be the duty of the presiding member at each meeting of the said boards to note the defaulters at such meeting: Provided however, That this act shall not be so constru- Licenses may ed as to prevent either of the medical boards hereinbefore appointed, from granting a license to any person or persons to practise medicine surgery or surgery alone. be granted in medicine or alone. § 7. This act shall not be so construed as to include or operate upon This law not any person who may have been engaged in the practice of medicine or surgery in this state, previous to its passage. to affect physicians already in practice. this act, 500 § 8. Any person who shall violate any of the provisions of this act, Penalty for shall forfeit and pay the sum of five hundred dollars, to be recovered violating in an action of debt, in any court of record in this state, by any person dollars. who may sue for the same; one-half thereof to be paid to the said informer, and the other half to be paid into the treasury of the county in which such suit may be tried: Provided, That nothing contained Proviso. in the foregoing act shall be so construed, as to prevent persons from practising as doctors of medicine, who may have received a diploma from any regularly constituted medical institution within the United States: And provided further, That such person shall have been engaged in the practice of medicine within two years previous: Provided further, That the said board shall, before they enter on the duties Members of of their appointment, take and subscribe an oath before some justice of sworn. board to be 1826-(19) Sec. 1. Graduated physicians and surgeons may be enrolled with out examina Sec. 1. censed. Proviso. the peace, to discharge the duties imposed on them by this act, without favor, partiality, or prejudice. § 9. Any physician or surgeon, who may have graduated at any regular medical university, shall be allowed to enrol his name with any of the medical boards of this state, on producing his diploma, without examination. § 10. The second and eighth sections of an act to regulate the tion. licensing of physicians to practise and for other purposes therein 1832-(28) named, passed 22d December, A. D. 1823, are hereby so far repealed, Thompsoni that neither of the aforesaid sections shall be so construed as to prean system li- vent any person or persons from practising medicine on the Botanical system of Doctor Samuel Thompson, and recovering reasonable.compensation for the same: Provided, That if the said persons practising on the Thompsonian or Botanical system shall bleed, apply a blister of Spanish flies, administer calomel or any of the mercurial preparations, antimony, arsenic, tartar emetic, opium, or laudanum, they shall be liable to the penalties of the act to regulate the licensing of physicians to practise, and for other purposes therein named, approved 22d December, 1823. 1807-(23) Overseers of poor to be appointed each cap tain's beat, by county court. Sec. 1.] Who exempt POOR. § 1. It shall be the duty of the justices of the county courts, in their respective counties, annually to appoint one or more overseers of the poor in each captain's district, to serve for the term of one year, or annually in until another overseer shall be appointed, and the judge and commis sioners may fill vacancies in the office of overseers of the poor as often as they may occur; and any person so appointed, who shall refuse or [a 1828-(49) neglect to serve as overseer of the poor, unless disqualified by age or infirmity, of which the justices shall judge, shall forfeit and pay fifty dollars, to be recovered with costs, by action of debt, in any court hav ing competent jurisdiction, for the use of the county: Provided, That from serving. no person holding any office or employment under the government shall be compelled to serve as overseer of the poor, so long as he holds the same. În case of the refusal or inability of any person to serve as overseers of the poor, it shall be lawful for any three justices, during the vacation of the county court, to appoint a new overseer of the poor for the remainder of the year, in room of the said person unable or refusing to serve; which new overseer shall be subject to the same duties and penalties which were obligatory upon the person appointed Overseer re- Overseer by the county court: and every overseer so nominated and appointed shall, immediately after his nomination, take an oath or affirmation before any judge or justice, that he will discharge the deties of overseer of the poor, truly, faithfully, and impartially, to the best of his knowledge and ability. quired to oath. take th Overseer's duties. § 2. It shall be the duty of the overseers of the poor, each in his respective district, to provide for the indigent, lame, blind, and others, not able to maintain themselves; and may also provide houses, nurses, and physicians, in such cases as they shall think necessary; the expenses of which shall be provided for in the annual county levy: and it shall be lawful for the overseers of the poor to contract with any person or persons for keeping, maintaining, and employing any or all such poor persons, and take the benefit of their work, labor, or service, towards their maintenance and support. If any poor person shall refuse to be lodged, kept, maintained, and employed, in such expenses, manner as the overseers shall direct, he or she shall be struck off from the overseer's list, and shall not be entitled to receive relief from the overseers during such refusal. The said overseers shall make To make enfair entries in a book, of the names of all the poor within their re- tries of all spective districts, with the time when each of them became chargeable, together with the amount of all charges, costs, and expenses incurred under the direction of the said overseers; which books and accounts and render they shall be obliged to present twice in every year, for the inspec- twice a year. tion of the justices assembled in their county courts. And if the said Accounts to justices shall approve the accounts of any such overseers, they shall be paid out issue a certificate to that effect, directing the county treasurer to pay treasury. the amount thereof to such person or persons to whom the same may be lawfully due. account of county refused re court. 3. If any poor person shall suppose that he or she is entitled to Poor persons the benefit of the laws for the relief of the poor, which may have lief, may apbeen refused by the overseer, such person may apply to the county ply to county court, or during the recess, to any two justices, who are authorized, if they shall think proper, to direct the overseer to receive him or her upon the list of the poor, which overseer is bound to yield obedience to the directions of the said court or justices. proper dis counties, with. § 4. The overseers shall take measures to prevent the poor from Poor persons strolling from one district into another, and may make complaint be- leaving their fore any justice that any poor person is come into their county, and tricts, or is likely to become chargeable thereto; whereupon it shall be lawful how dealt for such justice, by warrant under his hand, to cause such poor person to be removed to the county where he or she was last settled: Provided, That such poor person hath not been resident for six months last past in the county from which it is proposed to remove him or her. But if such poor person be sick or disabled, and cannot be removed without danger of life, the overseer shall provide for his or her maintenance and cure, at the charge of his or her county, and after recovery, shall cause him or her to be removed; and the county wherein he or she was legally settled, shall repay all charges occasioned by the sickness, maintenance, and cure of such poor person, and for removing him or her; and also all charges or expenses if such person shall die before removal: and it shall be the duty of the overseer of the district to which the person belongs, to receive and provide for the person or persons so removed; and in case of refusal, the said person or persons may apply to any two justices of the county for relief, as hereinbefore directed. The overseer who shall have made the disbursement, being furnished with a certificate of the said expenditure by the justices of the county court of his proper county, shall apply to the justices of the county court to which the said poor person or persons shall belong; which said justices last mentioned, are hereby directed to draw an order on the treasurer of their proper county for the reimbursement of the said expenses. sidences, 5. Where any dispute shall arise respecting the residence of any Disputed repoor person, the court of any county adjacent, and not interested, is how tried. authorized to take cognizance thereof, and determine the same. to be bound § 6. The overseers of the poor shall make returns to the county Poor orcourts, twice a year, of the poor orphans in their districts, and of such phans, &c., children within the same, whose parents they shall judge incapable out. of supporting them, and bringing them up in honest ways. The said courts are hereby authorized to direct the said overseers, or either of them, to bind out such poor orphans and children apprentices to such person or persons whom the court shall appoint, until the age of, [a 1809-(5) twenty-one years, if a male; or sixteen years, if a female. The per- Sec. 1.] denture. County Terms of in- son to whom such apprentice shall be bound, shall engage by a cove nant, to be entered in the indenture, to provide the apprentice with a sufficiency of good and wholesome provisions, necessary clothing, washing, and lodging; to teach the said apprentice the business or occupation which he pursues for a livelihood, and also to read, write, and to cipher as far as the rule of three; and at the expiration of said apprenticeship, to furnish the said apprentice with two complete new suits of clothing. It shall be lawful for the said court, upon the complaint of the overseers of the poor, or of any apprentice, by themcause, may selves or friends, against their masters or mistresses, to hear and deter prentice, and mine; and if it shall appear to the satsfaction of the court, that such bind to ano complaint be well founded, and of sufficient magnitude to make a removal necessary, the court shall have power to remove such apprentice, and bind him or her to such other person as they shall think proper. court, for sufficient ther. Пb. Sec. 8. maintain lations. 7. The father and grandfather, the mother and grandmother, and the descendants of any poor, old, blind, lame, and impotent person, or their poor re- other person not able to work, being of sufficient ability, shall, at their own charge, relieve and maintain every such poor person as the justices shall direct at their next county court, in their respective counties, or the corporation courts in their respective towns, on pain of forfeiting eight dollars for each month they shall fail therein. Ib. Sec. 9. bringing any infant, lunatic, &c., into the territory. § 8. If any person commanding a ship, vessel, or boat, shall import Penalty for into this territory, or bring to the shores thereof, any infant, lunatic, maimed, aged, infirm person, or vagrant, who may be adjudged likely to become chargeable to the territory, it shall be lawful for any justice of the county court, or for any magistrate of a corporation court, to compel such person commanding such vessel, to give sufficient secu rity to indemnify the inhabitants of this territory from any charge that may come, or be brought upon them, by such infant, lunatic, maimed, aged, infirm, or vagrant person, coming into, or living within this ter ritory, or otherwise to transport such person beyond the limits of this territory. 1807-(18) Sec. 14. Children of to be bound out. § 9. Whenever, on any criminal prosecution, it shall appear to the satisfaction of the court, that there can be no reasonable expectation, criminals in that the family of the prisoner will be brought up in honest courses, certain cases it shall be the duty of such court to certify the same to the overseers of the poor for the district in which such family may reside, provided the same be within the limits of the jurisdiction of such court; and the said overseers shall thereupon bind out the children of such person, to honest, respectable, and virtuous citizens, for the same periods of time, and under the same conditions for their instruction and maintenance, as in other cases of orphans and poor children, and return the indentures to the next county court, and likewise certify w the said superior court, their doings therein. 1807-(24) Preamble. Whereas, it is intended that impartial justice should be had and administered to all the citizens of this territory, as well to the poor as to the rich: And whereas, poor citizens are not of ability or power sue according to the laws of this land, for redress of injuries and wrongs to them done, as well concerning their persons and inheritance as other causes :-For remedy thereof, in behalf of the poor persons of this land, not able to sue for their relief after the course of the law: § 10. Be it enacted, &c. That every poor person who shall have Poor persons cause of action against any person within this territory, shall have, by writs, coun the discretion of the court, before whom he would sue, writ or writs sel, &c., free original, and writs of subpoena, according to the nature of his cause, nothing paying for the same; and the said court shall direct their clerk Sec. 1. to be allowed of charge. |