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minal cases, or for breach
penalties by distress and sale of goods and chattels of such offender; and in case no such distress can be had, then every such offender shall, by a warrant under the hand and seal of the said justice, be set publicly
in the stocks for any space of time not exceeding four hours. No wagoner, 2. No wagoner, carter, drayman, drover, butcher, or any of his &c., to ply on slaves or servants, shall ply or travel with his wagon, carts, or drays,
or shall load or unload any goods, wares, merchandise, or produce, or drive cattle, sheep, or swine, in any part of this territory, on the first day of the week called Sunday, under the penalty of five dollars, to be levied, recovered, and applied, in manner and form as is directed
by this act. Process not $ 3. No person or persons, upon the first day of the week called to be served
d Sunday, shall serve or execute, or cause to be served or executed, any except in cri- writ, process, warrant, order, judgment, or decree, (except in crimi.
ech nal cases or for a breach of the peace, but the service of every such of the peace. writ, process, order, warrant, judgment, or decree, shall be void to all
intents and purposes whatsoever: and the person or persons so serving or executing the same, shall be liable to the suit of the party aggrieved, and to answer damages to him for the doing thereof, as if he or they
had done the same without any writ, process, warrant, order, judg. Service may ment, or decree: Provided, That if information shall be made by the be legalized, party mak.
d. oaths of two reputable persons to any justice of the peace, or magising oath, &c. trate of any corporate town, that they have good reason to believe that
any person liable to have any such process, warrant, order, judgment, or decree, served upon him, intends to withdraw himself and escape from this territory, under cover and protection of the said first day of the week commonly called Sunday, it shall be lawful for any officer duly authorized, (being furnished with a certificate of such information, upon oath as aforesaid, under the hand of the justice of the peace, or magistrate as aforesaid, to serve or execute such process, warrant, order, judgment, or decree, on the first day of the week, which shall be as valid and effectually done, to all legal intents and purposes, as if the
same had been done on any other day of the week. Persons pro $ 4. If any person shall profanely swear or curse in the hearing of fanely
any justice, or shall be convicted of profanely cursing or swearing, cursing, to by the oath of one or more witnesses, or confession of the party before
iny any justice, every such offender shall forfeit and pay for every such cents.
offence, the sum of fifty cents. Fine for § 5. Every person convicted of drunkenness, by view of any jus
· tice, confession of the party, or oath of one or more witness or wil
nesses, shall for every such offence forfeit and pay one dollar. All plays, $ 6. If any person or persons whatsoever, shall show forth, exhibit, shows, &c., forbidden on act, represent, or perform, or cause to be shown forth, acted, repreSunday, sented, or performed, any interludes, farces, or plays of any kind of
any games, tricks, juggling, slight of hand, or feats of dexterity and agility of body, or any bear-bating, or bull-bating, or any such like
show, or exhibitions whatsoever, on the first day of the week, every under a pe. person so offending, and thereof convicted before any justice of the nalty of fif. you peace, of the county where the offence shall have been committed,
shall for every such offence, forfeit and pay the sum of fifteen dollars. Penalty for $7. If any person or persons whatsoever, shall wilfully and of puro disturbing pose, disquiet, interrupt, or disturb any assembly of people mel for public wor ship religious worship, either by making a noise, or by rude or indecent
behavior, or profane discourse, whether within the place of worship or out of it so near the same as to disturb the order and solemnity or the meeting; then every person so offending, and being thereof con
swearing, or any justice, or
be fined fifty
victed, before any justice of the peace of the said county, shall for every such offence, forfeit and pay the sum of five dollars.
$ 8. In case any person who shall be convicted of any of the Mode of re. offences mentioned in the fourth, fifth, sixth, and seventh sections of covering cer. this act, shall not immediately pay the sums so forfeited, with the under this charges of such conviction, then the said justice before whom such act conviction shall be had, shall direct and send his warrant under his hand and seal to some constable of the county, where the offence shall have been committed, commanding him to levy the said forfeitures or penalties, together with the charges, by distress and sale of the goods and chattels of such offender; and in case no such distress can be had, then every such offender shall, by warrant under the hand and seal of the said justice, be set publicly in the stocks for any space of time, not exceeding four hours.
$ 9. Every justice of the peace shall, immediately on information Proceedings given upon oath or affirmation of any person whatsoever, cause the offender or offenders against this act to appear before him, and upon such information being proved as aforesaid, shall convict such offender and offenders in such a manner as in and by this act is prescribed.
$ 10. It shall be the duty of the justices before whom such convic- Justice to re. tion shall be had, to receive all such forfeitures and fines, as may be-ceive fines, come due by virtue of this act, and pay one half to the informer, and the other half to the treasurer of the county wherein the offence was committed, for the use of the poor thereof.
$ 11. All justices of the peace for the county wherein any such of Justices to fence shall be committed, are required to put this act into execution, enforce this igainst any person or persons within their respective jurisdictions.
$ 12. No person shall be prosecuted for any offence against this act, Limitation inless the same be proved or prosecuted within ten days after the tions. ommission of such offence.
61. All navigable waters within the said state (of Alabama) shall Act of con.
1 gress-March or ever remain public highways, free to the citizens of said state, and 2, 1819. [ the United States, without any tax, duty, impost, or told therefor, Sec. 6.
All naviga pposed by the said state.
ble streams 52. The county courts of the respective counties in this territory, public highe authorized, whenever in their opinion it may be deemed necessary 1808-(2) id proper, to open any navigable stream in the said county, to conact with one or more persons for opening the same, by giving at least courts may
contract for rty days' notice at the court-house of said county, previous to making the opening ch contract, which shall in every case be let to the lowest bidder for of navigable
streams. e same. 63. It shall be the duty of said county courts, to take bond and se- 1b. Sec. 4. rity of the person or persons with whom they may contract for Contractors
to enter into coing any navigable stream, as contemplated by the preceding sec- bond. n, and upon the fulfilment and execution of the said contract, they ► hereby authorized to draw on the treasury, in favor of the person persons with whom they have contracted as aforesaid, for any sum t exceeding one tenth part of the revenue of said county. § 4. The clearing and opening of all streams, which have been de- 1810—(2)
Sec. 1. red by law to be navigable, or which may by any county court County
courts to 1 See “ Religion,”- 8.
and bind over offend ers.
Sec. I. Water
diction of within this territory be declared navigable, shall be placed under the navigable control of the county court of the county through which the same may streams, as of public pass; and the said county courts are hereby vested with power, at roads.
their discretion, to appoint overseers to clear out the same, and apportion the hands to work thereon, in the same manner, and under the same regulations in every respect, that overseers and hands appointed to work on public roads are placed by law.
$5. It shall not be lawful for any master of a vessel, or other perSec. 1.
son, to obstruct, or cause to be obstructed, any of the channels or Obstructio of navigable passes, in any of the navigable bays, rivers, or creeks, in this territory, watera pro. by throwing, or putting, or causing to be thrown or put, any ballast,
tree, or other impediments, into the said channels or passes, or in any Fine for ob. other manner whatever to obstruct the free navigation thereof; and the structing.
person or persons so offending, shall be fined in a sum not less than
fifty dollars, nor more than two hundred, to be assessed by a jury. Ib. Soc. 2.
56. It shall be the duty of any justice of the peace, upon his own
knowledge, or upon proper information, to issue his warrant to apapprehend
prehend any person so offending, and upon his appearance, to bind him in a sufficient recognizance to appear at the next superior court to
be holden for the county in which the offence may have been comGrand juries mitted, to answer an indictment to be preferred against him. It shall to take cog, moreover be the duty of the grand jury to take notice of offences aris.
ing under this act. 1819-(3) 87. All water-courses reported to be navigable, or which may here.
after be reported to be navigable, by the surveyor of the United States, courses re. employed in surveying lands in this state, shall be and remain free ported navi. gable by U. and open. 8. surveyor. 8. If any person or persons shall erect any fish-dam on any such Duty of those water-courses, he or they shall open in the deepest channel of sud erecting fish water-courses, where any such dam may be erected, one third of sad dams.
water-course, including the main channel thereof. Ib. Soc. 3. $9. In case any person shall fail to comply with the provisions al Penalty for not comply.
bv. the second section of this act, he shall forfeit and pay for every such ing with the offence, the sum of twenty dollars, to be recovered before any justice foregoing
of the peace; one half thereof to the use of the person who will sue for the same, the other half to the county where such 'offence shall be
committed. Ib. Sec. 4. § 10. If any person shall make any hedges, or cut, or cause to be Making
· cut, any tree or trees to fall in said navigable water-courses, he shall hedges, or felling' trees forfeit and pay for every such offence, the sum of ten dollars for every in navigabl streams ce day such hedge or tree shall so remain in said water-course, recover Penalty. able before any justice of the peace; one half thereof to the use of
the person who will sue for the same, and the other half to the use ol
the county where such offence shall be committed. 1820-(15) § 11. It shall not be lawful for any person, under any pretente Streams not
por whatever, to obstruct or divert any stream of water from its natura diverted from channel, which would otherwise flow through the land of any other another's
person. Ib. Sec. 2. 12. If any person shall violate the provisions of this act, he shad Offenders lia
va: be liable to the action of the party aggrieved thereby. 1820—(22) $13. The jurisdiction over all rivers not included in the bounds or Sec. 1. Counties to an
to any county in this state, is hereby given to the county or count have juris: whose jurisdiction now extends to the margin thereof. And it diction of
be lawful for the proper officer to execute any process to him direct courses on on the body or property of the defendant therein named, as well gins. said river, as in other parts of such county or counties. All pro
Ib. Sec. 2.
cess thus executed, shall be as valid as if executed in the body of the county.
[ WHEREAS, difficulties and disputes frequently arise between the 1822——(33) seller and the purchaser of cotton and other articles of merchandise, Freamble. with regard to the weight, and for remedy thereof:
§ 1. Be it enacted, &c. That the judge of the county court for the Judge of county of Mobile is hereby authorized to appoint one or more suita- count nobis ble persons, not exceeding two, who shall be known as public weigh-weighers for ers for the city aforesaid. And the person appointed a public weigher, bile. as aforesaid, before he enters upon the duties of his office, shall be Weighers to required to give bond with good and sufficient security to the judge of and take the county court aforesaid, in the sum of one thousand dollars, for the oath. faithful performance of the duties enjoined on him by this act; and shall also take and subscribe an oath, that he will without favor, partiality, or affection, discharge the duties of his office.
92. The judge of the county court aforesaid, shall have power and Judge may, authority to make such rules and orders for the government and com
compensa pensation of said public weigher, as to him may seem meet, and the same tion. to revoke, alter and amend from time to time, as he may deem proper; and whenever the said public weigher may be called upon by any per- Weigher son or persons to weigh cotton, or any other article that may, upon ex-may make amination thereof, prove to be partially wet or damaged, the said pub- for articles
wet or da lic weigher shall have full power and authority to decide and determine
maged. the loss of weight such cotton or other article has sustained in consequence of being weighed in a wet or partially damaged state ; and the said public weigher shall make such allowance in the actual weight for such wet or damage as may to him appear equitable and just, beween the vendor and the purchaser, or the parties interested therein; and the returns of cotton or any other article made by the public Weigher's
return bind. weigher as aforesaid, after having been weighed at the scales of some in public weigher, shall be binding upon all parties interested therein, so ar as regards the weight: Provided however, That any person or Proviso. persons whatsoever, shall at all times have the right to weigh his or heir own cotton, or any other article, at their own scales.]
3. On charges preferred by any person or persons feeling them- Persons ag. elves aggrieved by the neglect of the said public weigher, and on
grieved, may ffidavit being made in support of the same, it shall be the duty of the jutge, who idge aforesaid to summon the said public weigher to appear before and try the im at such times as he may appoint; giving at least two days' no- weigher. ce, and furnishing at the same time a copy of the charges as preferred, enable him to appear with his proof; and if on a fair investigation the charges, from the testimony adduced, the said public weigher all have been found guilty of any wilful neglect of the duties of his fice, it is hereby made the imperative duty of the judge aforesaid, dismiss him from office, and appoint another suitable person to fill e vacancy : Provided always, That the cost of said investigation Costs. all be paid by the party in default : And provided also, That all Witnesses'
| The first two sections of this act were repealed in January, 1833, and the pointment of public weighers for Mobile, given to the mayor and aldermen the city. See hereafter, 1833—(24). But the express references to them subsequent part of this title, rendered their insertion indispensable,
witnesses shall be entitled to the same pay, and the costs shall be col. Persons in. lected, as in other cases : Provided also, That it may be lawful for jured may put the
any person or persons who may be injured by the conduct of the weigher's, public weigher, to put in suit the bond aforesaid, in any court having bond in suit
jurisdiction thereof; and judgment shall be rendered for the penalty of said bond, to be discharged by payment of the amount of damages found actually to be sustained, together with costs of suit: Provided, That nothing in this act contained, shall be intended to force persons to have their cotton and other produce weighed by the aforesaid weigher, or have damages thereon assessed, unless they shall think
proper so to do. Dec. 24, 1824. 4. In case any public weigher appointed for the city of Mobile, Sec. 2. Taking mo
more shall take or exact a greater sum than shall be allowed by the judge than allow of the county court of Mobile county, by the provisions of this act, edictober and it is hereby made the imperative duty of said judge, on due proof, to ofice. dismiss him from office, and appoint another suitable person to fill his
vacancy. Jan. 12, 1827. § 5. No public weigher in the city of Mobile shall charge or take, Not to take direcıly or indirectly, higher fees than heretofore allowed by law, for unlawful weighing any bale of cotton, or other article. To. Sec. 2. 6. If the public weigher or weighers in the city of Mobile shall liable to for. take or receive any other or higher fees than those now fixed by law, feiture of for weighing the articles therein specified, in the acts fixing their como thirty dolls.
pensation, he or they shall shall forfeit and pay the sum of thirty dolHow recover- jars for each offence, to be recovered in the name of the person or ed and applied.
persons, or of the firm or firms of merchants aggrieved, before any justice of the peace having cognizance thereof, and one half of the sum so recovered shall be paid to the person aggrieved, and the other half to the county treasurer of said county, for the use and benefit of
the county of Mobile, 1833—(24) $7. The first and second sections of an act approved December 31, Sec. 1 o 1822, entitled, “An Act authorizing the judge of the county court Mobile, for of Mobile county to appoint public weighers in the city of Mobile, mer mode of are hereby repealed. abolished. $ 8. Five public weighers shall be elected by the mayor and alderFive to be men of the city of Mobile, whose duty it shall be to weigh all colun elected, how. or other articles, when applied to for that purpose, with scales or bå Their duties.
* lances that have been compared with the standard, and certified there.
with. 13. Sec. 3. $ 9. The public weighers so elected, shall, before they enter on the
discharge of their duties, take an oath before some person, authorized taken by
to administer the same, that they will weigh all dry cotton correctly, with weights corresponding with the standards, and that they will return the true weight without any deduction, and that they are not, nor will not, either directly or indirectly, be interested in the sale or pur
chase of cotton weighed by them. No. Sec. 4. § 10. When any dispute shall arise in relation to deductions on wet Their duty and compen
men or damaged cotton, such deductions shall be made by any two or more sation, in of such public weighers; such additional weighers shall be entitled to certain cases.
the same compensation for their services as is allowed to other weighers by this act, to be paid by the party in the wrong. .
gil. The public weighers shall receive as full compensation for weighing.
weighing and marking cotton, six and one fourth cents per bale, and
no more. Jan. 10, 18 Sec. 1.
26. 12. The judge of the county court of Baldwin county, is hereby Weigher for authorized to appoint one or more suitable persons, not exceeding 140, Blakely." who shall be known as public weighers for the town of Blakely.
Oath to be
the town of Wahubalanann og