Ib. Sec. 20. Sum appropriated for payment of current expenses. Trustees to report state of funds to general assembly. Ib. Sec. 21. Money to be paid over to er. created, and the sum so invested shall be considered capital stock, and shall never be diminished. § 40. The interest to be paid by the purchasers of the lands, or the lessees as aforesaid, or which shall be received from the stock which shall be purchased, as herein before directed, or so much thereof as may be necessary, shall be appropriated by the trustees, to discharge the current expenses of the university, and the trustees shall report to the general assembly once in each year, the state of the funds com. mitted to their charge, with such recommendations, with regard to the improvement thereof, as to them shall seem advisable. $ 41. It shall be the duty of the treasurer and comptroller of public accounts, to deliver over to the treasurer of the board of trustees,1 on the treasur, his application, all sums of money and notes, and bonds which may be in possession of either of them, and which they have received from the rent of lands hereby vested in the trustees, or which they may hereafter receive, and the treasurer of the trustees shall give his receipt for the same; and the moneys so received shall be subject to the order of the trustees; and the trustees are hereby authorized to sue for and collect all sums which are now due, or which may hereafter become due from the notes or bonds which shall be so received by the treasurer of the said trustees, to be by them appropriated to the use of the university: Provided, That any moneys that are now in the hands of the treasurer or comptroller of public accounts, belonging to the State University, shall be subject to the call of the trustees, until the treasurer of the board of trustees shall be duly authorized to receive said moneys. Trustees authorized to sue for and collect all sums due. Proviso. Ib. Sec. 22. may sue oC- without lease. Dec. 26, 1822. tion of trustees. § 42. The trustees shall also have the power to sue for and collect all sums of money which are now due, or which may hereafter be come due from such persons as have occupied or hereafter shall occupy any of the lands hereby vested in said trustees, without a lease from said trustees. § 43. The trustees of the state university are hereby allowed the sum of three dollars each, for each day they may be engaged in their Compensa duties as trustees aforesaid; also the sum of three dollars for every twenty-five miles travelling to and from the place of their meeting. § 44. Said allowances shall be paid out of the university funds: Paid out of Provided, That trustees who are members of the legislature, shall not receive any pay for their services as trustees, whilst they are in attendance as members of the legislature. Ib. Sec. 2. university funds. Proviso. 1828-(14) Sec. 1. Trustees' § 45. The office of the present trustees of the university of the state of Alabama, shall expire from and after the passage ei term of office. this resolution; and the trustees to be elected at the present ses sion of the legislature, shall continue in office for the term of three years; and all trustees thereafter to be elected shall continue in office for the like period : and all appointments to fill vacancies shall expire at the time of the next periodical election for trustees. Temporary appoint. ments. 1823-(37) Sec. 2. State trea. surer to receive and keep univer § 46. It shall be the duty of the treasurer of this state. to receive and safely keep, all moneys that may be paid over to him by order of the board of trustees, subject to their order; Provided, That the bond, now required of the treasurer of this state for the faithful discharge of sity funds. the duties of his office; shall be given in the penalty of one hundred thousand dollars, which shall operate as security for the safe keeping as well of any funds belonging to the university of this state, that may be at any time deposited in the treasury of this state, as of moneys 1 The 9th section of the act of 1821, empowering the trustees to appoint treasurer, was repealed Dec. 31, 1823. paid into or deposited in the said treasury on other accounts: Provided also, That the board of trustees be requested to inform the general assembly during the next session, of the amount of money paid over to the treasurer, the time when so paid over, and how long it remained in his care-so as to enable them to allow such additional compensation to said treasurer as they may deem just and proper. § 47. In all suits or actions brought by or against the trustees of the 1827—(5) university of Alabama, in any court of law or equity in this state, it Attorney of shall not be necessary for their attorney or counsellor to produce the trustees to seal of the said trustees of the university of Alabama, or a power of without attorney under the seal of the said corporation, to authorize them to their corpoappear and prosecute any suit or action in behalf of said trustees; and a power of the courts of law and equity aforesaid, shall, in all cases, recognize attorney. their attorney or counsellor in the same manner as in suits between individuals. Sec. 1. be accredited rate seal, or Sec. 1. Investment state stock. § 48. The president of the board of trustees of the university, is 1827–(22) hereby required to vest in the stock of the state, upon the same terms as the stock has heretofore been invested, what money is now in the of funds in treasury, arising from rents, interest, and sale of university lands. § 49. The president of the board of trustees of the university, is 1829-(43) hereby required to vest in the stock of the state upon the same terms Sec. 1. as the stock has heretofore been vested, the amount of capital belong- vestment of ing to the university, which is now in the treasury, or which may be received during the present year. Further in funds. Sec. 1. verted into 50. The funds arising by the sale of the lands granted by the 1833—(41) United States, for the support of a seminary of learning in this state, University which have heretofore been vested as capital stock in the Bank of the funds conState of Alabama, shall form a part of the capital of said bank, and state bank the certificates of state stock issued by the governor, and the presi- stock. dent and directors of said bank, to the trustees of the university of Alabama, for the moneys thus vested, shall be obligatory on the state in the same manner as though they had been issued by authority of law; and all moneys hereafter recovered as aforesaid, with the excep- Money arition of the interest which may accrue and be collected on outstanding sales of land, sing from bonds, where the land has been sold on a credit, shall in like manner except intebe vested as capital in said bank, and the faith and credit of the state are hereby pledged, for the safety of the funds thus vested and pro- stock. vided to be invested, in the same manner as is provided in the first state pledged section of an act entitled an act to establish the Bank of the State for safety of of Albama, approved December the twentieth, eighteen hundred and twenty three. 1 rest, to become bank Faith of the said funds. Proviso. § 51. The investments hereafter made of the funds of the university Ib. Sec. 2. in state stock and the investments made by this act, shall, when taken together, never exceed three hundred thousand dollars. UNIVERSITY LANDS. Governor to § 1. THE governor is hereby authorized to appoint three commission- 1819—(16) ers in each county, within which any portion of the two townships of Sec. 10. land granted by congress for a seminary of learning may have been appoint three or shall be reserved, whose duty it shall be to let or lease the same; ers to lease which leasing may be done either publicly or privately, as the said university commissioners may deem most advantageous to the state; Provided, 1 See the first act under the title "Bank of the State of Alabama." commission lands. Ib. Sec. 11. lessee paya- That said lands be first offered for public leasing, in convenient tracts, until the first day of January, eighteen hundred and twenty-one. § 2. All bonds and notes given for any such lease, shall be made payable to the governor for the use of this state, and may in his name be sued and recovered; and all sums of money arising from such ernor for use, leases, shall be set apart, for the purposes of the seminary of learning aforesaid. &c. 1821-(14) Sec. 1. Persons cul versity lands to pay mini § 3. In all cases where any of the lands granted to this state by act of congress for the purpose of a seminary of learning, may be cultivating uni- tivated by any person, who may not have rented the same, either without con- at public auction or by private contract, of the commissioners appointed tract, liable to rent the same, he, she, or they shall be bound, and are hereby mum price made liable to pay the minimum price per acre as fixed by law, for per acre. every acre so cultivated; and the commissioners appointed to rent the ers to return same respectively, are hereby required to transmit to the comptroller of public accounts, a list of the names of the person or persons who may cultivate any of the lands aforesaid, describing the same by range, township, section, &c., together with the number of acres so cultivated Comptroller by each person, who is hereby authorized to collect the same, in the same manner as is prescribed by law for the collection of money due the state. Commission list of persons and lands. to collect. 1824-(33) Sec. 1. Penalty for ber on uni versity lands. § 4. If any person or persons shall unlawfully enter upon, and cut down, carry away or destroy any tree or trees, on any of the lands injuring tim- vested by law in the trustees of the university of the state of Alabama, every such person or persons, being lawfully convicted thereof, before a justice of the peace, shall forfeit and pay to the said trustees, the sum of ten dollars for every tree so cut down, carried away, or destroyed; and moreover, shall be committed to the jail of the county, in which such offence has been committed, there to remain until he or Trespassers they shall pay the fine and costs assessed against him or them; unallowed to less such person or persons so convicted, shall execute to the said damages as- justice a bond with good security, payable to the trustees for the amount assessed as aforesaid, within fourteen days thereafter, which bond Proceedings shall have the effect of a judgment; and should the same not be puneof bond. tually paid, it shall be the duty of such justice to issue an execution thereon against such obligor or obligors and their securities, or their executors or administrators jointly; and all money received by such jus tice, in pursuance of the provisions of this act, shall be paid over by pay over mo- said justice, or his successors in office, as the case may be, to the trus tees of the University of Alabama. give bond for sessed. on forfeiture Justice to ney. Ib. Sec. 2. Penalty for trespassing, ing improvements. § 5. If any person or persons shall unlawfully enter upon, and destroy, or remove, any improvements situate on the lands vested as and destroy aforesaid in the trustees of the University of Alabama, or unlawfully ing or remov: enter upon and commit any trespass, or trespasses, not provided for by the first section of this act, such person or persons so unlawfully entering upon, and destroying or removing such improvement, or com mitting such trespass or trespasses, shall be proceeded against and punished in the manner as described by the fifth section of an act passed the eighteenth day of December, eighteen hundred and twenty, entitled "An Act to establish a State University."1 Ib. Sec. 3. may appoint prevent trespasses. § 6. The trustees aforesaid shall have power to appoint such num ber of persons as they may deem expedient, residing near the said lands, for the purpose of protecting the same from trespasses, and to make them a reasonable compensation. NOTE.-Many other provisions relating to the university lands, will be found interspersed under the preceding title. 1 See first act under the title "University,"—§ 5. USURY. cent. lawful § 1. No person or persons shall, upon any contract whatsoever, 1819—(15) take directly or indirectly, for the loan of any money, wares, merchan- Eight per dise, bonds, notes of hand, or other commodities whatsoever, above interest. the value of eight dollars for the forbearance of one hundred dollars, for one year, and after that rate for a greater or less sum, or for a longer or shorter time; and all bonds, contracts, covenants, conveyances, or Contracts for assurances, hereafter to be made, for payment or delivery of any mo- more, void. ney, goods, wares, or merchandise, so to be lent, on which a higher rate of interest is received or taken than is hereby allowed, shall be utterly void and of no effect. taking more rest. §2. Every person who, upon any contract, shall take, accept, or Penalty for receive, by way or means of any corrupt bargain, loan, exchange, than per or shift of any money, goods, wares, merchandise, commodities, or cent. intebonds or notes, or other thing whatsoever, above the rate of eight dollars for the forbearance or giving day of payment of one hundred dollars for one year, and so after that rate for a greater or less sum, or for a longer or shorter time, and so after that rate or proportion for goods, wares, merchandise, commodities, bonds, or notes, when such shall be lent, contracted, or agreed for, taken, accepted, or received, shall forfeit and lose for every such offence, the whole value or amount, together with all interest thereon; one half of which forfeiture shall be How recov paid into the public treasury, for the use of the state, and the other ered and aphalf to him or them that will inform and sue for the same, to be recovered with costs by action of debt, in any court of record in this state: Provided, That if the borrower should be the informer as aforesaid, Proviso, the whole amount thus recovered, shall be paid into the treasury, for where bor the use of the state: Provided also, That every such action of debt former. as aforesaid, shall be commenced and sued in the lender's lifetime, or of action for within three years after the commission of the offence, or in one year the penalty. after the time of payment of any money, goods, wares, or merchandise, contracted to be paid, on any usurious agreement or contract. propriated. rower is in Limitation juries to pre § 3. It shall be the duty of the judges of the circuit courts, to charge Judges to the grand jury of the respective counties within their circuits, to pre- charge grand sent every person who may violate the provisions of this act, that may sent offendcome within their knowledge; and on every such presentment it shall ers Prosecution, be the duty of the solicitor for the state, to have issue joined or made how conup on such presentment, and prosecute the same under the rules and regulations prescribed for the prosecution of qui tam actions, and upon conviction, the whole amount thus ascertained to have been lent or taken contrary to the provisions of this act, shall be paid into the treasury for the use of the state. ducted. void. petent wit § 4. When any note or notes, bond or bonds, shall be upon, or on Usurious account of any usurious contract, the same shall be void and of no bonds, &c., effect, and the obligor or obligors for ever exonerated from the payment of the same; and the obligor or obligors shall be deemed by this Obligor comact competent witnesses to prove the usurious consideration of any peten such bond or bonds, note or notes: Provided, That this act shall not Bonds given be so construed as to prohibit the sale of any bond or bonds which bona fide may have been fairly and bona fide given, and not given for the purpose of evading the provisions of this act. may be sold. witness. § 5. When any suit or action may be brought, in any court of re- Borrower cord in this state, touching or concerning any usurious bond, specialty, may be a promise, or agreement, the borrower or party to such usurious bond, specialty, contract, promise, or agreement, from whom such higher Evidence not on oath. rate of interest is or shall be taken, shall be a good and sufficient wita See § 7&8. ness to give evidence of such offence; Provided, That if any person to be receive against whom such evidence is offered to be given, will deny upon ed if denied oath, to be administered in open court, the truth of what such witness offers to swear against him, then such evidence shall not be admitted; and if any witness or party shall forswear himself in any such matter, and be thereof lawfully convicted, he or she shall suffer all the pains and penalties by law inflicted on persons convicted of wilful and corrupt perjury. Perjury un der this act. Persons convicted under qualified from being bank directors. ors to take § 6. Any person or persons who shall be lawfully convicted of viothis act, dis lating this act, shall be for ever disqualified from being a director of any bank or banks in this state; and any person or persons, who may be director or directors of any bank or banks within this state, who may be convicted as aforesaid, shall forfeit his or their seat or seats as Bank direct director or directors; and any person or persons who may be elected or chosen a director or directors of any bank or banks within this state, before entering upon the duties of his office, shall take the following oath, to wit: "I, -, do solemnly swear, (or affirm,) that I have not either directly or indirectly violated the act, entitled An Act regulating the rate of interest,' nor will I be guilty of violating said act, either directly or indirectly, while I continue in the office of director: So help me God." oath against usury. 1833-(16) Sec. 1. Usury, how to be estab lished after the death of obligee. Ib. Sec. 2. tives of de to plead usu prece b The ding act. § 7. It shall not be lawful for the obligor or obligors, maker or makers of any bond or note, on which suit may hereafter be brought, to establish the fact of usury by his, her, or their own oath, where the obligee or payee of such bond or note, has departed this life; but in such cases, shall be required to establish his, her, or their plea of usury, by other testimony. 8. Where the borrower or borrowers of any sum of money, or Representa other thing alleged to be on usurious consideration, shall have depart ceased per ed this life before the trial of any suit in which the plea of usury may be sons allowed filed, it shall be lawful for the legal representative or representatives of ry on oath. such borrower or borrowers, to have the benefit of the fourth section of an act entitled "An act to regulate the rate of interest," passed December 17, 1819,b by making affidavit, that he, she, or they believe the contract sued on to be usurious: Provided, That this section shall have no force or effect where the lender shall have departed this life: And provided further, That if any person against whom such evidence is offered to be given, will deny upon oath, to be administered in open court, the truth of what such witness offers to swear against him, then such evidence shall not be admitted; and if any witness or party shall forswear himself, in any such matter, and be thereof lawfully convicted, he, she, or they shall suffer all the pains and penalties, by law inflicted on persons convicted of wilful and corrupt perjury. Proviso. False swearing. 1801-(1) Preamble. Vagrants, how to be dealt with. VAGRANTS. WHEREAS, it becomes necessary to suppress all wandering, disor derly, and idle persons: §1. Be it therefore enacted, &c., That every person, whether male or female, who has no apparent means of subsistence, shall apply himself to some honest calling for his support; and if any person shall neglect so to do, or shall be found sauntering about, and endeavoring to maintain himself by gambling, or other undue means, it shall be lawful for any justice of the peace of the county wherein such person |