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SECURITIES OF OFFICERS.
rities of of
$ 12. It shall be the duty of the judge of the county court, when- 1822–(30) ever application shall be made to him by the security or securi- See ties, or either of them, of any clerk or sheriff, or other officer of any tion of secucounty in this state, to issue a citation to the said clerk, sheriff, or fi
ficer, judge of other officer to appear before him on some day therein named, not less county court
may require than ten, nor more than fifteen days, then and there to enter into a new bond. new bond, with good and sufficient securities, for the faithful execution of the duties of his office.
♡ 13. Upon the execution of such new bond by the said clerk, sheriff, 15. Sec. 2. or other officer, the security or securities making application, shall be being
being given, discharged from the obligation of the bond previously entered into by securities
discharged. them: Provided, That nothing herein contained shall discharge the Proviso security or securities from any liability which they had before that time incurred.
$ 14. If any clerk, sheriff, or other officer, being duly served with 16. Sec. 3. a citation as aforesaid, shall fail or refuse to give the bond required
refusal, judge as aforesaid, it shall be the duty of the judge of the county court to to declare the
office vacadecree the office of the said clerk, sheriff, or other officer, to be va- red cated; and shall cause an entry thereof to be made upon the records of the county court; and such vacancies shall be filled as now prescribed by law.
§ 15. It shall be the duty of any judge of the circuit court, when- 1824—(31) ever application shall be made to him by the security or securities, Securit or either of them, of any judge of the county court of any county in judge of his state, to issue a citation to the said judge of the county court to may apply to ippear before him on some day therein named, not less than ten nor circuit judge
for a citation more than thirty days, then and there to enter into a new bond, with against him. ood and sufficient securities, for the faithful execution of the duties of his office.
$16. Upon the execution of such new bond by the judge of any 1). Sec. 2. ounty court, the security or securities, making application, shall be ni ischarged from the obligation of the bond previously entered into by charged. lem: Provided, That nothing herein contained shall discharge the ecurity or securities from any liability which they had before that me incurred.
17. If any judge of the county court, being duly served with a Ib. Sec. 3. tation as aforesaid, shall fail or refuse to give the bond as required by :
give bond, is act, it shall be the duty of the judge of the circuit court to certify circuit judge le same to the governor, which shall be evidence of a vacancy, and cinev to the e same shall be filled as now prescribed by law.
Former securities dis
On failure to
NOTE.-For the time within which suits must be instituted against the secules of public officers; See “ Judicial Proceedings at Common Law-Limi
1. A SHERIFF shall be elected in each county by the qualified elec- Con. Ala. thereof, who shall hold his office for the term of three years, un-Art sooner removed, and who shall not be eligible to serve either as How elected;
term of sericipal or deputy for the three succeeding years. Should a vacancy vice; quali ar subsequent to an election, it shall be filled by the governor as fication.
Sec. 1. Duties and
Vacancies, in other cases, and the person so appointed shall continue inoffice
until the next general election, when such vacancy shall be filled by the qualified electors, and the sheriff then elected shall continue in
office for three years. (1) 1807—(30) 82. The duties of a sheriff shall be, to keep the peace, by caus
ing all offenders against law, in his view, to enter into recognizances, powers of with sureties, for keeping the peace, and appearing at the next circuit sherifl.
or superior court, to be holden in the same county, and to commit, in case of refusal; which recognizances shall, by the said sheriff, be returned and certified before the said court. It shall also be his duty to quell and suppress all affrays, routs, riots, and insurrections: for which end, he is hereby empowered to call to his aid the power of the county. He shall pursue, apprehend, and commit to jail, all felons and traitors : he shall execute all warrants, writs, and other process, which by law shall appertain to the duties of his office, and which shall be directed to him by legal authority. He shall duly attend upon all the
courts of record, at their respective terms, or sessions, in his county. 1819–(6) $ 3. The sheriffs of the different counties shall be sheriffs of the Sec. 10. Sheriff of cir. circuit courts within their respective counties; and the sheriff of the cuit and su: county, in which the supreme court shall be holden, shall also be shepreme court.
· riff of the said supreme court. 1822-(13) 4. All sheriff's elected or appointed under the constitution of this Sheriffs to state, shall, before entering on the duties of their office, give bond, give bond with such number of good and sufficient securities, as may be approv
ed of by the county courts respectively, in such sum as they may (a 1807—(30) deem necessary and proper, anot less than four thousand dollars, pay. Sec. 1.)
able to the governor for the time being, and his successors in office, which bond shall be taken by said court, and deposited in the clerk's office :1 Provided, That it shall be the duty of the sheriff to renes
his bond annually, if required by the county court. Ib. Sec. 5. § 5. Any sheriff failing or neglecting to comply with the provisions Chicane cas of the preceding section, shall vacate his office, and said office is here
by declared vacated; and such vacancies, should any such occur, sball be filled in such manner as is now prescribed by the constitution, for
supplying vacancies for sheriffs. (2) 1822
$ 6. When the officer whose duty it is to hold an election for sheSec. 1.
riff in any county, shall fail to do the same at the time prescribed by When an election for law, it shall be the duty of the governor, or the person exercising the sheriff has not been held
held duties of his office, to issue his writ of election, directed to any person at the proper residing in the county whom he may appoint, directing the person to nor to issue hold an election for the purpose of electing a sheriff for the county, at writ of the place or places prescribed by law for holding elections for repreThirty days' sentatives for the county, at any time he may appoint ; requiring af notice to be least thirty days' notice to be given by advertisement posted up at four given.
of the most public places in the county, of the time of holding said
election. 1b. Sec. 2. 57. At the election hereby authorized to be held, the polls shall be Polls to be
opened, and kept open, agreeably to the law now regulating elections kept open agreeably to in the county in which it shall be held.
1 See "County Officers,"- 12 to 16.
(1) A sheriff has no authority to give a casting vote between two candidates for sheriff. When two candidates for sheriff obtain an equal number of rotes, there is no election, and the vacancy may be filled by executive appointment, until the next general election. The State v. Adams, 2 Steut. Rep. 331.
(2) Statutes in relation to sheriff's liabilities and bonds construed. McWhor ter et al. v, McGehee, 1 Stewt. Rep. 546.
judges of the
Person elected to be com
88. The clerks and judges who shall superintend the election here- 1b. Sec. 3. by authorized, shall be appointed by the person to whom the com
Clerks and mission shall be directed, who shall be authorized to administer the elections. oaths to said clerks and judges, as are required to be administered to clerks and judges at the general elections.
9. The person who shall be returned duly elected, by the person Ib. Sec. 4. to whom the writ of election is directed, shall be commissioned as po sheriff by the governor, or the person exercising the duties of his missioned by office.
governor. 0 10. Whenever the office of sheriff, in any county, shall become 18264(17) vacant, it shall be lawful for the coroner of said county to perform all secret the duties imposed by law upon the sheriffs of the several counties, fice vacant, under all the penalties and liabilities created by law for a violation or ce
coroner may neglect of duty by the several sheriffs.
11. Whenever judgment shall be rendered by any court of this 1828—(46) state against any sheriff for any failure, neglect of duty, or misconduct in office, and it shall appear to the satisfaction of the court that such ment is ren. failure, neglect of duty, or misconduct in office, is the failure, neglect, a sherift for
dered against or misconduct of his deputy, it shall be the duty of the court, on mo- the default of tion of the sheriff, to render judgment against such deputy and se- he may have
his deputy, curities in favor of the principal sheriff, for the whole amount of the judgment..
against such judgment and costs rendered by the court against such principal sheriff, deputy and by reason of such failure, neglect of duty, or misconduct, of said depu- bis ty; for which execution may issue as in other cases : Provided, That the deputy, or his security or securities, shall have one day's notice of the pendency of the proceedings against the principal sheriff.
perform the duties.
his securities on motion.
SHIPS, AND SEAMEN.
by justice of
$ 1. If any seaman or mariner who shall have signed a contract to 1823—(34) perform a voyage in any ship or vessel, shall at any place within this Seamen de
serting, may state, desert or absent himself from such ship or vessel, without leave becommitted of the master, or officer commanding in the absence of the master, it by jus
"the peace, shall be lawful for any justice of the peace, upon complaint under oath, until the vesto issue his warrant to apprehend such deserter, and bring him before se
sel is ready
to proceed on such justice; and if it shall appear by due proof that he has signed a her voyage, contract to perform a voyage as aforesaid, and that such voyage is not discharged inished, altered, or the contract otherwise dissolved, and that such by the mas. eaman has deserted the vessel, or absented himself without leave, the aid justice shall commit him to the house of correction, or common ail, there to remain until the said vessel shall be ready to proceed on er voyage, or till the master shall require his discharge, the master aying all costs and expenses.
$ 2. If a person shall harbor or secrete any seaman or mariner be- Persons har. ynging to any ship or vessel, knowing them to belong thereto, every boring sea: ich person, on conviction thereof, before a justice of the peace, shall to forfeiture rfeit and pay ten dollars for every day which he, she, or they shall of $10 per ontinue so to harbor or secrete such seaman or mariner, to be sued r in the name of the state to the use of the person prosecuting for e same. $ 3. Every constable who may apprehend any seaman or mariner Constable al. bo has deserted or left his vessel as aforesaid, shall receive the sum Weds for
five dollars as his fees for such apprehension. 54. No master of any vessel within this state shall hire, receive, or Masters of ip any seaman, or person belonging to, and pretending to be dis. vessels not to arged from any other vessel, unless such seaman or person shall ceive seamen
employ or re
without cer- have a certificate of his discharge, signed by the master or officer com. tificate of manding such vessel, or shall produce other satisfactory testimony of discharge.
his discharge to some justice of the peace, whose certificate shall be Penalty, and received in lieu thereof; and any person who may contravene the prohow appro
visions of this act, shall forfeit and pay the sum of fifty dollars, to be priated.
recovered in any court having jurisdiction thereof, one half to the use of the informer, and the other half to the use of the poor of the coun
ty in which suit may be instituted. 1824—(34), $ 5. All ships, vessels, steamboats, and other registered, enrolled, Sec. I.
i or licensed craft, built, repaired, fitted, or furnished within this state, Ships, and other enrol. are hereby declared to be liable and chargeable for all debts contracted led vessels, liable for cer. by the owners, masters, or consignees thereof, for or by reason of any
work done, or materials or supplies found, provided, or furnished by contracted by their any merchant, trader, ship-builder, mechanic, or workman, for, upon, owners, &c. or concerning the building, repairing, fitting, furnishing, supplying or
equipping such ship, vessel, steamboat, or other craft, in preference
to any other debts due and owing from the owners thereof. 1b. Sec. 2. $6. It shall be lawful for all and every of the said merchants,
hay traders, ship-builders, mechanics, and workmen, to file process in the file process in the nature of nature of a libel in admiralty proceedings, in the circuit and county
courts in this state, against such ship, vessel, steam-boat, or other craft, her tackle, apparel, and furniture; whereupon process shall issue, and such proceedings shall be had towards the recovery of such debts as are usually had in the courts of admiralty for the recovery of mario
ners' wages, and other debts actually contracted upon the high seas. Ib. Sec. 3. $ 7. All or any of the said merchants, traders, ship-builders, meDifferent cre-chanics, or workmen, to whom such ship, vessel, steam-boat, or other ditors may sue jointly, craft may be indebted, may join in one suit for the recovery of all their
ulit debts; and if more than one such be brought, the court may consolidate all suits date the same into one, and give one definitive judgment and decree, separately
comprehending all such debts as shall be demanded by all or any of the merchants, traders, ship-builders, mechanics, or workmen as aforesaid, and duly supported either by the process in nature of a libel as aforesaid, or by petition to the court, while one or more of such suits shall be pending.
9 8. If on the issuing of process, or filing of such petition as afore Owner may said, the master or owner of such ship, vessel, steamboat, or other release vessel by giving se- craft, or his or their agents or attorneys, shall enter into stipulation of curity. bond, with sufficient securities to answer all the demands aforesaid,
which shall be filed against such ship, vessel, steamboat, or other
craft, the same shall be released and discharged from such lien., Ib. Sec. 5. 99. No ship, vessel, steamboat, or other craft shall continue to be Lien to con- liable for such debts, to the merchants, traders, ship-builders, mechatinue only till first voy. nics, and workmen as aforesaid, longer than the time which shall 10
tervene between the contracting of such debts, and the time of her
proceeding on her voyage, next after such debts may be contracted. 11. Sec. 6. § 10. All issues, at the request of either party, shall be tried by a Issues may jury; and all such issues shall be made up by the parties under te be tried by jury. su ug direction of the court; and in vacation, the clerks of the aforesaid Power of
courts shall have and exercise the same powers as clerks of the disa courts. trict and circuit court of the United States, are vested with by the acis
of congress in suits and libels, for the recovery of mariners' wages, and other debts actually contracted on the high seas ; and shall pro
ceed in the same manner. And the said clerks shall take the bonus, Bonds not or stipulations as aforesaid, which bonds or stipulations shall not void for want void for want of form, but shall be proceeded on, and recovered, accoru of form.
ing to the plain intent and meaning thereof: Provided, That nothing
and the court may consoli.
in this act contained, shall be construed to extend to any keel-boat or This act not barge engaged in the navigation of the Mobile, Alabama, or Tombeck- to include
barges, on bee rivers, or their tributaries.
SLAVES, AND FREE PERSONS OF COLOR.
$1. The general assembly shall have no power to pass laws for the Con. Ala. emancipation of slaves, without the consent of their owners, or without Art. 6.
(Slaves.) paying their owners, previous to such emancipation, a full equivalent in Sec. 1. money for the slaves so emancipated. They shall have no power to pre- Powers of
the general vent emigrants to this state from bringing with them such persons as assembly in are deemed slaves by the laws of any one of the United States, so long as relation to any person of the same age or description shall be continued in slavery by the laws of this state : Provided, That such person or slave be the bona fide property of such emigrants : And provided also, That laws may be passed to prohibit the introduction into this state of slaves who have committed high crimes in other states or territories. They shall have power to pass laws to permit the owners of slaves to emancipate them, saving the rights of creditors, and preventing them from becoming a public charge. They shall have full power to prevent slaves from being brought into this state as merchandise, and also to oblige the owners of slaves to treat them with humanity, to provide for them necessary food and clothing, to abstain from all injuries to them extending to life or limb, and, in case of their neglect or refusal to comply with the directions of such laws, to have such slave or slaves sold for the benefit of the owner or owners.
$2. In the prosecution of slaves for crimes of a higher grade than Sec. 2. petit larceny, the general assembly shall have no power to deprive them Trial for of an impartial trial by a petit jury.
53. Any person who shall maliciously dismember or deprive a slave Sec. 3. of life, shall suffer such punishment as would be inflicted in case the smeminerie like offence had been committed on a free white person, and on the slave. like proof, except in case of insurrection of such slave.
04. No slave shall be admitted a witness against any person, in any 1805–(4) natter, cause, or thing whatsoever, civil or criminal, except in criminal Sec. 1...
Slave not to ases, in which the evidence of one slave shall be admitted for or be a witness gainst another slave.
trial of slave. 65. No slave shall go from the tenement of his master or other 15. Sec. 2. verson with whom he lives, without a pass, or some letter or token, Slaves not to vhereby it may appear that he is proceeding by authority from his without a baster, employer, or overseer; if he does, it shall be lawful for any pass, kerson to apprehend and carry him before a justice of the peace, to be y his order punished with stripes, or not at his discretion, not .exeeding twenty stripes.
56. If any slave shall presume to come and be upon the plantation Ib. Ser. 3. fany person whatsoever, without leave in writing from his or her nor upon the wner or overseer, not being sent upon lawful business, it shall be any person wful for the owner or overseer of such plantation, to give or order Weave in wri. ich slave ten lashes on his or her bare back, for every such offence. ting.
6 7. No slave shall keep or carry any gun, powder, shot, club, or 1b. Sec. 4. her weapon whatsoever, offensive or defensive, except the tools given Slaves pot to
carry weam to work with, unless he is ordered by his master, mistress, or pons, offen.
sive or defen erseer, to carry the said articles from one place to another ; but all siv d every gun, weapon, or ammunition, found in the possession or stody of any slave, may be seized by any person, and upon due