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rate seal, or
paid into or deposited in the said treasury on other accounts : Provided also, That the board of trustees be requested to inform the general asseinbly 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
:. Sec. 1. 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 corpo. appear 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.
$48. The president of the board of trustees of the university, is 1897—(22) hereby required to vest in the stock of the state, upon the same terms
Investment as the stock has heretofore been invested, what money is now in the of funds in
state stock. treasury, arising from rents, interest, and sale of university lands.
$ 49. The president of the board of trustees of the university, is 1823—(43) hereby required to vest in the stock of the state upon the same terms Secherin 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 fun received during the present year.
$ 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 con
verted into State 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. lent and directors of said bank, to the trustees of the university of Jabama, for the moneys thus vested, shall be obligatory on the state n the same manner as though they had been issued by authority of aw; and all moneys hereafter recovered as aforesaid, with the excep- Money ariion of the interest which may accrue and be collected on outstanding sing from
les of land, Fonds, where the land has been sold on a credit, shall in like manner except inteje vested as capital in said bank, and the faith and credit of the state rent be: tre hereby pledged, for the safety of the funds thus vested and pro- stock..
" Faith of the vided to be invested, in the same manner as is provided in the first state pledged ection of an act entitled an act to establish the Bank of the State for safety of
said funds. f Albama, approved December the twentieth, eighteen hundred and wenty three. 1
$ 51. The investments hereafter made of the funds of the university Ib. Sec. 2. a state stock and the investments made by this act, shall, when taken Pro
Proviso. ogether, never exceed three hundred thousand dollars.
$1. The governor is hereby authorized to appoint three commission - 1819–(16) rs in each county, within which any portion of the two townships of Soc. 10. Ind granted by congress for a seminary of learning may have been appoint three
commission r shall be reserved, whose duty it shall be to let or lease the same ; hich leasing may be done either publicly or privately, as the said university ommissioners may deem most advantageous to the state ; Provided,
ers to lease
1 See the first act under the title “Bank of the State of Alabama.”
sons and lands.
That said lands be first offered for public leasing, in convenient tracts,
until the first day of January, eighteen hundred and twenty-one. Ib. Sec. 11. § 2. All bonds and notes given for any such lease, shall be made Bonds of
m. payable to the governor for the use of this state, and may in his name lessee paya ! ble to gov. 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. 1821—(14) $3. In all cases where any of the lands granted to this state by act
cul. of congress for the purpose of a seminary of learning, may be culPersons cul. tivating uni- tivated by any person, who may not have rented the same, either versity lands without con
on 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 to pay mini 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 Commission ers to return
same respectively, are hereby required to transmit to the comptroller List of per. 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 to collect.
same manner as is prescribed by law for the collection of money due
the state 1824—(33) $ 4. If any person or persons shall unlawfully enter upon, and cut Sec. 1. penalev for 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 Alababer on uni.
ma, 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 give bond foi 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 puncof bond. "ure 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 jusJustice to tice, in pursuance of the provisions of this act, shall be paid over by pay over mo
mo- said justice, or his successors in office, as the case may be, to the trus
tees of the University of Alabama. Ib. Sec. 2. § 5. If any person or persons shall unlawfully enter upon, and dePenalty for stroy, or remove, any improvements situate on the lands vested as trespassing, 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 committing such trespass or trespasses, shall be proceeded against and punished in the manner as described by the fifth section of an act passe ed the eighteenth day of December, eighteen hundred and twenty, en
titled “ An Act to establish a State University.".. 1b. Sec. 3. § 6. The trustees aforesaid shall have power to appoint such aumTrusteesine ber of persons as they may deem expedient, residing near the said may appoint persons to lands, for the purpose of protecting the same from trespasses, and to prevent tres
res 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.
01. 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
cent. lawful 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 atterly void and of no effect.
$ 2. Every person who, upon any contract, shall take, accept, or Penalty for eceive, by way or means of any corrupt bargain, loan, exchange, thang maple or shift of any money, goods, wares, merchandise, commodities, or cent. inteYonds or notes, or other thing whatsoever, above the rate of eight dol." ars for the forbearance or giving day of payment of one hundred dolars for one year, and so after that rate for a greater or less sum, or for
longer or shorter time, and so after that rate or proportion for goods, vares, merchandise, commodities, bonds, or notes, when such shall e lent, contracted, or agreed for, taken, accepted, or received, shall orfeit and lose for every such offence, the whole value or amount, toether with all interest thereon ; one half of which forfeiture shall be How recoy. aid into the public treasury, for the use of the state, and the other ered and ap
propriated. alf to him or them that will inform and sue for the same, to be reco." ered with costs by action of debt, in any court of record in this state: rovided, That if the borrower should be the informer as aforesaid, Proviso, e whole amount thus recovered, shall be paid into the treasury, for where bo
rower is in. e use of the state : Provided also, That every such action of debt former.
Limitation aforesaid, shall be commenced and sued in the lender's lifetime, or
of action for ithin three years after the commission of the offence, or in one year the penalty. er the time of payment of any money, goods, wares, or merchanse, contracted to be paid, on any usurious agreement or contract.
3. It shall be the duty of the judges of the circuit courts, to charge Judges to grand jury of the respective counties within their circuits, to pre-charge grand
juries to preat every person who may violate the provisions of this act, that may sent offend. ne within their knowledge; and on every such presentment it shall ers.
Prosecution, the duty of the solicitor for the state, to have issue joined or made how conon such presentment, and prosecute the same under the rules and ducte ulations prescribed for the prosecution of qui tam aetions, and upon Iviction, the whole amount thus ascertained to have been lent or en contrary to the provisions of this act, shall be paid into the treay for the use of the state.
4. When any note or notes, bond or bonds, shall be upon, or on Usurious ount of any usurious contract, the same shall be void and of no bonds, &c., ct, and the obligor or obligors for ever exonerated from the pay-" at of the same; and the obligor or obligors shall be deemed by this Obligor com competent witnesses to prove the usurious consideration of any petent wit. h bond or bonds, note or notes: Provided, That this act shall not Bonds given s0 construed as to prohibit the sale of any bond or bonds which bona fide
may be sold. - have been fairly and bona fide given, and not given for the pur2 of evading the provisions of this act. 5. When any suit or action may be brought, in any court of re- Borrower l in this state, touching or concerning any usurious bond, specialty, may be a
witness. nise, or agreement, the borrower or party to such usurious bond, ialty, contract, promise, or agreement, from whom such higher
bank direct ors.
rate of interest is or shall be taken, shall be a good and sufficient wita See 87&8. ness to give evidence of such offence;a Provided, That if any person Evidence not against whom such evidence is offered to be given, will deny Opon to be receiv. 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; Perjury un. and if any witness or party shall forswear himself in any such matter, der this act.
and be thereof lawfully convicted, he or she shall suffer all the pains and penalties by law inflicted on persons convicted of wilful and cor
rupt perjury. Persons con. 5 6. Any person or persons who shall be lawfully convicted of riovicted under lating this act, shall be for ever disqualified from being a director of qualified any bank or banks in this state ; and any person or persons, who may from being
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 ors to take oath against
hst 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: “1, - --, 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." 1833–(16) 57. It shall not be lawful for the obligor or obligors, maker or maSecure how kers of any bond or note, on which suit may hereafter be brought, to to be estab. establish the fact of usury by his, her, or their own oath, where the lished after
after obligee or payee of such bond or note, has departed this life; but in obligee. such cases, shall be required to establish his, her, or their plea of usury,
by other testimony. Ib. Sec. 2. $ . Where the borrower or borrowers of any sum of money, or Representa- other thing alleged to be on usurious consideration, shall have departtives of deceased pered 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 Deb The prece- cember
cember 17, 1819,6 by making affidavit, that he, she, or they believe ding act.
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, False swear. 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 perjory.
how to be
WHEREAS, it becomes necessary to suppress all wandering, disorderly, 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
may be found, on due proof made, to issue his warrant for such offending person, and cause him to be brought before such justice, who is hereby empowered, on conviction, to demand security for his good behavior, and in case of refusal or neglect, to commit him to the jail of the county for any term not exceeding ten days, at the expiration of which time he shall be set at liberty, if nothing criminal appears against him; the said offender paying all charges arising from such imprisonment. And if such person shall be guilty of the like offence after the space of twenty days, he or she so offending shall be deemed a vagrant, and be subject to one month's imprisonment, with all costs accruing thereon: which if he or she neglect or refuse to pay, he or she may be continued in prison until the next county court, which may proceed to try the offender, and if found guilty by the verdict of a jury of good and lawful men, the said court may proceed to hire the offender for any term not exceeding six months, to make satisfaction for all costs : but if such person so offending be of noted ill fame, so that he or she cannot be hired for the costs, nor give sufficient security for the same, and his or her good behavior, in that case, it shall be lawful for the court, to cause the offender to receive not exceeding thirty-nine lashes on his or her bare back; after which he or she shall be set at liberty, and the costs thereon accruing shall become a county charge ; which punishment may be inflicted as often as the prisoner may be guilty, allowing twenty days between the punishment and the offence. $ 2. It shall not be lawful for any housekeeper within this territory, Penalty for
harboring to harbor or entertain any idle person of a suspicious character know-ider ingly, for any longer time than twenty-four hours, under the penalty of suspicious
character. of ten dollars for every such offence, to be recovered by warrant before any justice of the peace of the county where the offence shall be committed. § 3. All fines inflicted by this act shall be paid, the one half to the Fines, how
appropriated. informer, and the other half to the use of the county.
VICE AND IMMORALITY.
51. No worldly business or employment, ordinary or servile work, 1803—(6)
i No work or (works of necessity or charity excepted,) nor shooting, sporting, hunt- diversit ing, gaming, racing, fiddling, or other music for the sake of merriment, lowed on
Sunday. por any kind of playing, sports, pastimes, or diversions, shall be done, performed or practised, by any person or persons within this territory, on the Christian Sabbath, or first day of the week, commonly called Sunday; and every person, being of the age of fourteen years or upwards, offending in the premises, shall for every such offence, forfeit and pay the sum of two dollars ; and no merchant, or shopkeeper, or Merchants other person shall keep open store, or dispose of any wares, or mer-forbiddenras chandise, goods or chattels, on the first day of the week commonly sell on Sun
alled Sunday, or sell or barter the same, upon pain of forfeiting the day sum of twenty dollars, for every such offence; and if any person of- Proceedings
against of ending in any of the premises aforesaid, shall be thereof convicted arend before any justice of the peace, for the county wherein the offence shall have been committed, upon the view of the said justice, or conession of the party offending, or proof of any witness or witnesses ipon oath or affirmation, then the said justice before whom such conriction shall be had, shall direct and send his warrant under his hand ind seal, to some constable of the county where the offence shall have een committed, commanding him to levy the said forfeitures and