quisition of the executors or administrators of the creditor or creditors; and in case of the failure of the executors or administrators to proceed, such requisition as aforesaid being duly made, the security or securities, his, her, or their executors or administrators making the same, shall have the same relief that is hereinbefore provided for a security or securities, where his or their creditor or creditors shall be guilty of Not to affect a similar failure; Provided, That nothing in the two last sections bonds with contained, shall be so construed as to affect bonds with collateral con conditions, ditions, or the bonds that may be entered into by guardians, executors, administrators, or public officers: And provided also, That the rights tors' rights and remedies of any creditor or creditors, against any principal debtor cipal debtor. or debtors, shall be in nowise affected thereby. collateral &c. nor credi against prin 1828-(27) Sec. 1. Security sued, may notify prin. cipal, and obtain judg same man ment, in ner as though he had paid the debt. § 8. In all suits against any person or persons as security on any bill, note, bond, covenant, or other instrument in writing whatsoever, for the payment of money or property, or the performance of any duty, it shall be lawful for such person or persons being such secu rity, to notify his, her, or their principal or principals, (as the case may be,) of the pendency of the suit; and it shall be the duty of the court or justice of the peace before whom the suit is to be tried, on proof being made at the trial that notice has been given to the principal or principals, and that the party or parties sued, is the security of said principal or principals, to enter judgment against the principal or principals in favor of the security, for the full amount of the judgment and costs which shall have been recovered against his, her, or their security; upon which judgment, the party or parties being security, shall have execution against his, her, or their principal or principals, in the same manner as if the debt had been paid by such security. § 9. If any person or persons who may have executed any note or notes payable to the president and directors of the Bank of the State of ties on notes Alabama, or any of the branches thereof, as security or securities, shall pay the same after it shall have been protested for nonpayment, such security or securities shall have the same summary remedy against the as the bank, principal in such note as is now provided by law in favor of said bank, against the for the recovery of any sum or sums so paid by such security or secu a 1833-(18) rities, and costs of protest; and the certificate of the president of said Sec. 1.] bank, of the payment so made by such security or securities, shall be sufficient evidence of such payment. 1830-(16) Sec. 1. Bank securi paying after protest, to have the same process principal. Ib. Sec. 2. bills entitled to similar remedy against drawer, &c. [b 1833-(18) Sec. 1.] § 10. If any person or persons who may be bound for the payment Endorsers of of any bill of exchange, the property of the Bank of the State of Alabama, bor any of the branches thereof, shall pay the same after it shall have been protested for nonpayment, the person or persons so paying such bill, shall have the same summary remedy against the drawer, acceptor, or any previous endorser of such bill or any one of them, as is provided by the first section of this act in favor of the securities of notes against the principals, for the sum paid on such bill, and all costs and damages occasioned by protest; and the certificate of the president of said bank, of the payment of any such bill by any such person or persons, shall be sufficient evidence of such payment. Tb. Sec. 3. where the § 11. The remedy by this act provided, shall be had in any court having competent jurisdiction, either in the county where the said bank bank is loca. may be located, or in the county of the residence of the defendant or ted, or where defendants, or either of them. defendant resides. NOTE.How securities may compel the sheriff, &c. to levy on property of principal first,-See "Executions,"§ 24. SECURITIES OF OFFICERS. rities of of 12. It shall be the duty of the judge of the county court, when- 1822-(30) Sec. 1. ever application shall be made to him by the security or securiOn applica. ties, or either of them, of any clerk or sheriff, or other officer of any tion of secu county in this state, to issue a citation to the said clerk, sheriff, or icer, 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. New bond § 13. Upon the execution of such new bond by the said clerk, sheriff, Ib. Sec. 2. or other officer, the security or securities making application, shall be being given, discharged from the obligation of the bond previously entered into by securities them: Provided, That nothing herein contained shall discharge the Proviso. security or securities from any liability which they had before that time incurred. discharged. b. Sec. 3. On officer's refusal, judge declare the office vaca § 14. If any clerk, sheriff, or other officer, being duly served with a citation as aforesaid, shall fail or refuse to give the bond required as aforesaid, it shall be the duty of the judge of the county court to to decree the office of the said clerk, sheriff, or other officer, to be va- ted. 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. Sec. 1. § 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, Securities of or either of them, of any judge of the county court of any county in judge of county court this state, to issue a citation to the said judge of the county court to may apply to appear 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. good and sufficient securities, for the faithful execution of the duties of his office. rities dis § 16. Upon the execution of such new bond by the judge of any Ib. Sec. 2. county court, the security or securities, making application, shall be Former secu discharged from the obligation of the bond previously entered into by charged. them: Provided, That nothing herein contained shall discharge the security or securities from any liability which they had before that time incurred. On failure to § 17. If any judge of the county court, being duly served with a Ib. Sec. 3. citation as aforesaid, shall fail or refuse to give the bond as required by give bond, this act, it shall be the duty of the judge of the circuit court to certify circuit judge the same to the governor, which shall be evidence of a vacancy, and the same shall be filled as now prescribed by law. NOTE. For the time within which suits must be instituted against the securities of public officers; See "Judicial Proceedings at Common Law-Limitation." to certify vacancy to the governor. SHERIFFS. Art. 4. § 1. A SHERIFF shall be elected in each county by the qualified elec-Con. Ala. tors thereof, who shall hold his office for the term of three years, un- Sec. 24. less sooner removed, and who shall not be eligible to serve either as How elected; principal or deputy for the three succeeding years. Should a vacancy vice; qualioccur subsequent to an election, it shall be filled by the governor as fication. term of ser Vacancies, in other cases, and the person so appointed shall continue inoffice how filled. 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) Sec. 1. Duties and powers of sheriff. 1819-(6) Sec. 10. Sheriff of cir cuit and su preme court. 1822-(13) Sec. 4. Sheriffs to give bond. § 2. 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, with sureties, for keeping the peace, and appearing at the next circuit 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. § 3. The sheriffs of the different counties shall be sheriffs of the circuit courts within their respective counties; and the sheriff of the county, in which the supreme court shall be holden, shall also be sheriff of the said supreme court. § 4. All sheriffs elected or appointed under the constitution of this state, shall, before entering on the duties of their office, 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, paySec. 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: Provided, That it shall be the duty of the sheriff to renew his bond annually, if required by the county court. Ib. Sec. 5. Failing, his office vaca. ted. 1822-(22) Sec. 1. When an not been held time, gover § 5. Any sheriff failing or neglecting to comply with the provisions of the preceding section, shall vacate his office, and said office is hereby declared vacated; and such vacancies, should any such occur, shall be filled in such manner as is now prescribed by the constitution, for supplying vacancies for sheriffs. (2) 6. When the officer whose duty it is to hold an election for sheriff in any county, shall fail to do the same at the time prescribed by election for law, it shall be the duty of the governor, or the person exercising the sheriff has 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 the place or places prescribed by law for holding elections for repreThirty days' sentatives for the county, at any time he may appoint; requiring at notice to be least thirty days' notice to be given by advertisement posted up at to of the most public places in the county, of the time of holding sand election. writ of election. given. Ib. Sec. 2. Polls to be kept open § 7. At the election hereby authorized to be held, the polls shall be opened, and kept open, agreeably to the law now regulating elections agreeably to in the county in which it shall be held. law. 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 votes, there is no election, and the vacancy may be filled by executive appointment, until the next general election. The State v. Adams, 2 Stewt. Rep. 231. (2) Statutes in relation to sheriff's liabilities and bonds construed. McWhor ter et al. v. McGehee, 1 Stewt. Rep. 546. Clerks and § 8. The clerks and judges who shall superintend the election here- b. Sec. 3. by authorized, shall be appointed by the person to whom the com- judges of the 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. Person elect 9. The person who shall be returned duly elected, by the person . Sec. 4. to whom the writ of election is directed, shall be commissioned as ed to be comsheriff by the governor, or the person exercising the duties of his missioned by office. governor. Sheriff's of § 10. Whenever the office of sheriff, in any county, shall become 1826—(17) vacant, it shall be lawful for the coroner of said county to perform all Sec. 5. 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 neglect of duty by the several sheriffs. coroner may perform the duties. Sec. 1. dered against his deputy, 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 When judg in office, and it shall appear to the satisfaction of the court that such ment is renfailure, neglect of duty, or misconduct in office, is the failure, neglect, a sheriff for 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 curities in favor of the principal sheriff, for the whole amount of the judgment 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 deputy; 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. against such his securities on motion. SHIPS, AND SEAMEN. serting, may the peace, sel is ready to proceed on § 1. Ir 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 destate, desert or absent himself from such ship or vessel, without leave be committed of the master, or officer commanding in the absence of the master, it by justice of shall be lawful for any justice of the peace, upon complaint under oath, until the ves to issue his warrant to apprehend such deserter, and bring him before 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 finished, altered, or the contract otherwise dissolved, and that such by the mas seaman has deserted the vessel, or absented himself without leave, the said justice shall commit him to the house of correction, or common jail, there to remain until the said vessel shall be ready to proceed on her voyage, or till the master shall require his discharge, the master paying all costs and expenses. or they are ter. Persons har boring sea. men, liable of $10 per 2. If a person shall harbor or secrete any seaman or mariner belonging to any ship or vessel, knowing them to belong thereto, every such person, on conviction thereof, before a justice of the peace, shall to forfeiture forfeit and pay ten dollars for every day which he, she, or they shall continue so to harbor or secrete such seaman or mariner, to be sued for in the name of the state to the use of the person prosecuting for the same. day. § 3. Every constable who may apprehend any seaman or mariner Constable alwho has deserted or left his vessel as aforesaid, shall receive the sum of five dollars as his fees for such apprehension. lowed $5 for apprehend. ing seamen. or Masters of dis- vessels not to shall ceive seamen § 4. No master of any vessel within this state shall hire, receive, ship any seaman, or person belonging to, and pretending to be charged from any other vessel, unless such seaman or person employ or re without cer- have a certificate of his discharge, signed by the master or officer comtificate 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 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 county in which suit may be instituted. priated. 1824-(34), Sec. 1. other enrol led vessels, tain debts § 5. All ships, vessels, steamboats, and other registered, enrolled, or licensed craft, built, repaired, fitted, or furnished within this state, are hereby declared to be liable and chargeable for all debts contracted 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 any merchant, trader, ship-builder, mechanic, or workman, for, upen, 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. contracted by their Ib. Sec. 2. a libel. § 6. It shall be lawful for all and every of the said merchants, Creditor may traders, ship-builders, mechanics, and workmen, to file process in the 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 mariners' wages, and other debts actually contracted upon the high seas. § 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 sue jointly, craft may be indebted, may join in one suit for the recovery of all their and the court 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, Ib. Sec. 3. ditors may may consoli separately brought. Ib. Sec. 4. Owner may release vessel by giving security. Ib. Sec. 5. tinue only age. Ib. Sec. 6. 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. § 8. If on the issuing of process, or filing of such petition as aforesaid, the master or owner of such ship, vessel, steamboat, or other craft, or his or their agents or attorneys, shall enter into stipulation or 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. § 9. No ship, vessel, steamboat, or other craft shall continue to be Lien to con- liable for such debts, to the merchants, traders, ship-builders, mechatill first voy. nics, and workmen as aforesaid, longer than the time which shall intervene between the contracting of such debts, and the time of her proceeding on her voyage, next after such debts may be contracted. § 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 the be tried by a direction of the court; and in vacation, the clerks of the aforesaid courts shall have and exercise the same powers as clerks of the district and circuit court of the United States, are vested with by the acts of congress in suits and libels, for the recovery of mariners' wages, and other debts actually contracted on the high seas; and shall proceed in the same manner. And the said clerks shall take the bonds, or stipulations as aforesaid, which bonds or stipulations shall not be void for want void for want of form, but shall be proceeded on, and recovered, according to the plain intent and meaning thereof: Provided, That nothing jury. Power of clerks of courts. Bonds not of form. |