May pur tate, not ex ceeding fif teen acres, tenances thereto belonging, which church shall have, enjoy, and enchase real es force all the rights, privileges, and powers of any other body corporate, in and over the lands and tenements aforesaid, for the harmonious and public worship of Almighty God: which lands and tenements shall descend in perpetuity to the use of such church and their religious successors, for the purpose aforesaid: Provided always, That when any church aforesaid shall be disposed to change the site for their meeting-house, such church by their trustees, shall have power to sell and convey the same, and to purchase and receive titles for lands elsewhere, not exceeding fifteen acres. and dispose of the same, in certain cases. 1831-(14) Sec. 1. church-lots exempt from taxes. § 7. The several churches in the state of Alabama dedicated to reliChurches and gious worship, and the lots on which they are erected, not exceeding two acres of land to each, shall be exempt from any levy of taxation, for state, county, or corporation purposes: Provided,The lands so exempted shall belong to, and be the property of, citizens of the United States, and shall be used for the purposes of religious worship and no other, except for the use of schools, and as burying grounds attached to said churches. 1822-(2) Preamble. Sec. 1. Persons disturbing reli gations, may be-tined. Whereas, by the constitution of the state of Alabama, the citizens thereof have the right to worship God according to the dictates of their own consciences; and whereas the people in assembling themselves for the purposes of religious devotion, are often disturbed by the disorderly conduct of wicked persons, for remedy whereof: §8. Be it enacted, &c. That if any person or persons hereafter shall be found guilty of wilfully raising a riot, getting drunk, swearing, or gious congre- any other act by which the congregation shall be interrupted, during the continuance of any meeting for the purposes aforesaid, all such person or persons, their aiders and abettors, shall on due proof thereof, forfeit and pay the sum of twenty dollars, besides costs of suit; to be recovered before any judge or justice having competent jurisdiction: one half to go to the informer, and the other half to the county where such fine may be recovered. Ib. Sec. 2. ing intoxi cating li quors within any religious § 9. And whereas many individuals have been in the habit of rehibited sell tailing spirituous liquors at or near camp-meetings, thereby causing drunkenness and disorder, Be it further enacted, That if any person whatever shall hereafter retail spirituous liquors, or any kind of drink two miles of that is calculated to produce drunkenness, within two miles of any meeting. camp-meeting, quarterly-meeting, association, or any other religious meeting, during the continuance of any such meeting, such person or persons so offending, their agents or servants, on due proof thereof, shall for every such offence, forfeit and pay the sum of forty dollars, besides costs of suit, to be recovered before any judge or justice har ing competent jurisdiction: one half to go to the informer, and the other half to the county where such fine may be recovered: Provided nevertheless, That this law shall not operate upon such persons actually reside within two miles of such meetings, and who have ob tained and hold a license for retailing. Proviso. 1826--(23) Sec. 1. beer, &c. § 10. Hereafter it shall not be lawful for any person or persons Persons not sell, at or near any camp-meeting, association, or any other religious to sell cider, meeting, during the continuance of such meeting, any cider or beer, or any other thing whereby the said meeting may be disturbed; and any person or persons violating this act, shall be liable to the penalties prescribed by the act to which this is an amendment, and to be reco vered in the manner directed by the said act." a The preceding act. RENT. rent, on parol deed not spe. § 1. Ir shall be lawful for any person or persons, to whom any rent 1812-(3) may be due, or the executor or administrator of such person, when the de- Recovery of mise is not by deed, or if by deed, not specifying the rent to be paid, demise, or to recover a reasonable satisfaction for the tenements occupied by the cifying the defendant in an action on the case, for the use and occupancy of what rent. was held and enjoyed; and if on evidence on the trial of such action, any parol demise reserving certain rent, or a demise by deed, but no rent therein agreed on, in either case, the plaintiff in such action shall not be nonsuited, but shall recover a reasonable satisfaction for the tenements occupied. §2. The common law method of distress for rent, shall be, and the Distress for same is hereby abolished. pre rent abolished. Sec. 1. be executed until rent is 3. The crop grown on any rented land in this state, shall not be 1821—(22) liable to be taken by virtue of any execution, or removed off the mises of any such rented land, unless the party so taking the same on rented shall, before the removal of the crop from such premises, pay, or ten- land not to der to the landlord or lessor thereof, or his agent, all money due for or removed, the rent of the said premises at the time of taking such crop in execu- paid. tion: Provided nevertheless, That such rent or arrears do not amount Lien for one to more than one year's rent, and if more be due, then the party suing year only. out such execution, paying or tendering to such landlord or his agent, one year's rent, may proceed to execute his judgment, and the sheriff or officer levying the same, is hereby empowered and required to levy and pay to the plaintiff, as well the money so paid for the rent, as the execution money. NOTE The landlord has also a lien for one year's rent, in priority of the claim created by an execution, upon all goods and chattels of the lessee or tenant, upon the leased premises,-See "Executions,-§ 40. ROADS, BRIDGES, AND FERRIES. To obviate, in some measure, the unavoidable defects of arrangement in this title, the following partial synopsis is given:-County Bridges,-§ 24. Toll Bridges,- 7, 28, 29, 30. Ferries,-§ 5, 26, 27, 29, 30, 48. Private Ways,— § 1, 2, 49. Turnpike Roads,-§ 4, 50, 51. may be certain cases. 1. In all cases where no part of the tract of land owned by any 1818-(11) individual, touches a public highway, the county court may in their Private ways discretion, on the application of one or more persons so situated, grant granted in a private way, not exceeding fifteen feet in width, leading from the most convenient part of such tract of land to the nearest public highway; such order to be made in all cases, on the report of a jury, of Under what the same number, and under the same rules and restrictions, as are restrictions. required by law in the case of public highways. and kept in §2. Whenever a private way shall be granted in conformity with To be opened the provisions of this act, it shall be the duty of the person or per repair by persons, on whose application the same may be granted, to open and son to whom keep the same in repair, at his or their own expense, until regularly discontinued: Provided, That no such person or persons shall be thereby exempted from any duty required by law on public highways. granted. 3. The county courts of the several counties are hereby authorized 1820—(9) to impose and inflict penalties, not exceeding twenty dollars for each of- Sec. 1. Ib. Sec. 4. judge. the same is addressed, for the purposes hereinbefore expressed, and which shall be subscribed and attested as aforesaid. § 24. The judge before whom any prisoner shall be so brought, shall Duty of the within two days discharge the prisoner from imprisonment, taking his or her recognizance, with one or more surety or sureties, in any sum according to his discretion, having regard to the circumstances of the prisoner and the nature of the offence, for his or her appearance at the next court where the offence may be properly cognizable, and then shall certify the said writ, with the return thereof, and the said recognizances, into the court where such appearance is to be made, unless it shall appear to the said judge, that the party so committed, is detained upon legal process, order, or warrant, for such matter or offences, for which by law the prisoner is not bailable; and that the said judge may according to the true intent and meaning of this act, be enabled by investigating the truth of the circumstances of the case, to determine whether according to law the said prisoner ought to be bailed, remanded or discharged, the return may, before or after it is filed, be amended by leave of the said judge, and all suggestions made against it, that thereby material facts may be ascertained. Ib. Sec. 5. term time. § 25. In term time it shall be lawful for any prisoner as aforesaid, Proceedings in manner aforesaid, to move and obtain his or her writ of liberty as aforesaid, out of the circuit court of the county in which he or she may be imprisoned; whereupon proceedings shall be had as aforesaid; and if any such person shall have wilfully neglected by the space of two terms of such court, after his imprisonment, to pay for such writ, it shall not be granted in vacation in pursuance of this act. 1827-(15) Sec. 2. Prisoner may tried. § 26. If any person shall be committed for treason or felony, and shall not be tried at or before the next stated term of the court where be discharged the offence is properly cognizable, it shall be lawful for the said court, on bail, if not upon the last day of the term, to set at liberty such prisoner on bail, unless it appear on oath or affirmation, that the witnesses for the state, mentioning their names, could not be produced; and if such prisoner shall not be tried at the second stated term after his or her commitment, unless the delay happen on the application or with the assent of the defendant, he or she shall be discharged from imprisonment on bail: Provided, That this act shall not be so construed as to prevent a prisoner committed for a capital offence, from being bailed at or before the first stated term under the existing laws. 1807-(27) Sec. 7. § 27. Nothing in this act shall extend to discharge out of prison, Exceptions. any person guilty, or charged with any offence committed in any other part of the United States, and who, agreeably to the laws of congress, ought to be delivered up to the executive power of such state; nor any person charged with debt or other action, or with process in any civil cause, or suffering imprisonment under lawful judgment founded on 3 conviction of some criminal offence. Ib. Sec. 8. § 28. And that no person may avoid his trial by obtaining a writ of Restrictions. liberty from some judge residing at a distance from the court where he ought to be tried: Be it further enacted, That no person shall be removed out of the county, upon any writ granted in pursuance of this act, within fifteen days next preceding the term of the court where the offence with which he stands charged is properly cognizable, but upon such writ shall be brought before the judge or judges thereof, who shall thereupon do what to justice shall appertain, and after such court, 1 But not in capital cases for failure to obtain a jury. See "Criminal Law,”— the person detained may have his writ of liberty, according to this act. Penalty on a bedience 29. If any judge, being complained to as aforesaid, shall (upon Ib. Sec. 9. view of the copy of the warrant of commitment or detainer, or upon judge, sheoath or affirmation that such copy was refused,) refuse or neglect to riff, jailer, award any writ of liberty by this act required to be granted; or if for diso. any officer, sheriff, jailer, keeper, or other person to whom any such to this act. writ shall be directed as aforesaid, or any of his under-officers or deputies, shall refuse or neglect to make the returns aforesaid, or to bring the body of the prisoner, according to the command of the said writ, within the respective times aforesaid; or if upon demand by the prisoner or some person in his or her behalf, shall refuse to deliver, or within six hours after demand, shall not deliver to the prisoner or person so demanding, a true copy or copies of the warrant or warrants of commitment and detainer of such prisoner: such judge, officer, sheriff, jailer, keeper, under-officer, deputy, or other person so offending, shall forfeit to the prisoner or party aggrieved, the sum of five hundred dollars in the case of the judge, and the sum of three hundred dollars in the case of a sheriff or other person, to be recovered by the said prisoner or party aggrieved, his or her executors or administrators, against such offender, by action of debt, suit, bill, plaint, or information, in any court of record. Person set at ted for the same offence. 30. No person who shall be delivered or set at large upon any Ib. Sec. 10. such writ, shall thereafter at any time, be again committed or impri- large, not to soned for the same offence by any person or persons whatsoever, other be recommitthan by the legal order and process of such court, wherein he or she shall be bound by recognizance to appear, or other court having jurisdiction of the cause; and if any other person or persons, shall knowingly, contrary to this act, re-commit or imprison, or knowingly procure or cause to be re-committed or imprisoned for the same offence or supposed offence, any person delivered or set at large as aforesaid, or be knowingly aiding or assisting therein, he or they shall forfeit to the prisoner or party aggrieved, (any pretence of variation in the war- Penalty for rant or warrants of commitment notwithstanding,) the sum of five ting unlawhundred dollars, to be recovered by the prisoner or party aggrieved in fully. manner aforesaid. recommit Prisoner not to be remov. ed but by some legal $31. No person committed to any prison, or in custody for any b. Sec. 11. criminal or supposed criminal matter, shall be removed from the said prison or custody, into any other prison, or into the custody of any other person, unless it be by the writ of liberty, or some other legal writ. writ, or where the prisoner is delivered to the constable or other infeior officer to be carried to some common jail, or where any person is sent by any judge or justice, having proper authority, to some comnon work-house, or house of correction, or where the prisoner is renoved from one place to another within the same county, in order to is or her trial or discharge in due course of law, or in case of sudden ire, or infection, or other necessity; and if any person or persons shall after such commitment as aforesaid, make out, sign, countersign, and issue any warrant or warrants for such removal, except as before excepted, he or they shall forfeit to the prisoner or party aggrieved, two undred dollars, to be recovered by the prisoner or party aggrieved in nanner aforesaid. This act to 32. All the provisions hereinbefore made for awarding and grant- b. Sec. 12. ng of writs of liberty, and proceeding thereon, in case of commit- apply to cases nent or detainer for any criminal or supposed criminal matter, shall of illegal in like manner extend to all cases where any person shall be confined under any or restrained of his or her liberty, under any color or pretence what- pretence. confinement, Ib. Sec. 13. disobeying Ib. Sec. 14. breach of this soever; and upon oath or affirmation made by such person, or by any other in his or her behalf, of any actual confinement or restraint, and that such confinement or restraint, to the best of the knowledge and belief of the person so applying, is not by virtue of any commitment or detainer for any criminal or supposed criminal matter, a writ of liberty, directed to the person or persons so confining or restraining the party as aforesaid, shall be awarded and granted in the same manner, and under the same penalties, to be recovered from the same persons, as hereinbefore directed; and the court or judge before whom the party so confined or restrained shall be brought, shall after the return made, proceed in the same manner as is hereinbefore prescribed, to examine into the facts relating to the case, and into the cause of such confinement or restraint, and thereupon enter bail, or remand, or discharge the party so brought, as to justice shall appertain. § 33. Whensoever any writ of liberty shall be served upon the person or persons confining or restraining the party in the manner herein last mentioned, by being brought to such person or persons, or by being left at the place where the party shall be so confined or restrained; the person or persons so confining or restraining such party, shall make return of such writ, and bring or cause to be brought the body of such party, according to the command thereof, within the times limited, and under the provisions hereinbefore prescribed; and every such person refusing or neglecting to make return of such writ, or to bring or cause to be brought the body of the party, according to the command thereof, within the times respectively limited, and under the provisions hereinbefore prescribed, shall be guilty of a contempt of the court, under the authority of which or of the judge thereof, the said writ shall have issued; and shall also forfeit for the first of fence, to the party aggrieved, two hundred dollars, and for the second offence four hundred dollars, to be recovered by him or her, or his or her executors or administrators, against the offender, in the manner aforesaid. § 34. No person shall be sued, impleaded, molested, or troubled, for any offence against this act, unless such person be sued or imact, limited pleaded for the same within two years after the time wherein the said to two years. offence shall have been committed, in case the party aggrieved shall not be then in prison or confined or restrained as aforesaid; and if the said party shall be then in prison, or so confined or restrained, then within two years after the decease of the person imprisoned, or so confined or restrained, or his or her delivery out of prison, or from such confinement or restraint. Ib. Sec. 15. Defendant may plead general is sue. 1812-(10) Sec. 5. Judge of may award § 35. The defendant or defendants in any action, suit, bill, plaint or information, for any offence against this act, may plead the general issue, and give the special matter in evidence. § 36. In all cases not capital, the chief justice of the orphans' court where any person is imprisoned, may grant a writ of habeas corpus, county court in the same manner, and under the same regulations as judges of the superior court are by law authorized to do; and such chief justice in cases not may discharge, admit to bail, or remand to jail, any prisoner brought before him, in like manner as the judges of the superior court are by law authorized to do. habeas corpus capital. |