Persons in jured may put the weigher's bond in suit. Dec. 24, 1824. Taking more witnesses shall be entitled to the same pay, and the costs shall be col lected, as in other cases: Provided also, That it may be lawful for any person or persons who may be injured by the conduct of the public weigher, to put in suit the bond aforesaid, in any court having 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. § 4. In case any public weigher appointed for the city of Mobile, Sec. 2. 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, missed from it is hereby made the imperative duty of said judge, on due proof, to dismiss him from office, and appoint another suitable person to fill his ed, to be dis office. Jan. 12, 1827. vacancy. § 5. No public weigher in the city of Mobile shall charge or take, Not to take directly or indirectly, higher fees than heretofore allowed by law, for weighing any bale of cotton, or other article. unlawful fees. Ib. Sec. 2. Offenders, liable to for. feiture of thirty dolls. § 6. If the public weigher or weighers in the city of Mobile shall take or receive any other or higher fees than those now fixed by law, for weighing the articles therein specified, in the acts fixing their com pensation, he or they shall shall forfeit and pay the sum of thirty dol How recover-lars for each offence, to be recovered in the name of the person or 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. ed and ap plied. 1833-(24) Weighers at § 7. The first and second sections of an act approved December 31, Sec. 1. 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the county court Mobile, for of Mobile county to appoint public weighers in the city of Mobile," mer mode of are hereby repealed. appointment abolished. Ib. Sec. 2. Five to be §8. Five public weighers shall be elected by the mayor and aldermen of the city of Mobile, whose duty it shall be to weigh all coun elected, how. or other articles, when applied to for that purpose, with scales or ba lances that have been compared with the standard, and certified there with. Their duties. Ib. Sec. 3. taken by them. § 9. The public weighers so elected, shall, before they enter on the Oath to be discharge of their duties, take an oath before some person, authorized to administer the same, that they will weigh all dry cotton correctly, with weights corresponding with the standards, and that they will re turn the true weight without any deduction, and that they are not, not will not, either directly or indirectly, be interested in the sale or pur chase of cotton weighed by them. Tb. Sec. 4. Their duty and compen. sation, in certain cases. Пb. Sec. 5. Fee for weighing. Jan. 10, 1826. Sec. 1. § 10. When any dispute shall arise in relation to deductions on wet or damaged cotton, such deductions shall be made by any two or more of such public weighers; such additional weighers shall be entitled to the same compensation for their services as is allowed to other weigh ers by this act, to be paid by the party in the wrong. § 11. The public weighers shall receive as full compensation for weighing and marking cotton, six and one fourth cents per bale, and no more. § 12. The judge of the county court of Baldwin county, is hereby Weigher for authorized to appoint one or more suitable persons, not exceeding two, Blakely. who shall be known as public weighers for the town of Blakely. the town of and respon § 13. The public weigher to be appointed by virtue of this act, shall . Sec. 2. be required to give bond to the same amount, payable to the judge of Bond. the county court of Baldwin county, for the faithful performance of the duties assigned him, and be subject to the same penalties and lia- Under what bilities, under the direction of the judge of the county court aforesaid, regulations as the public weighers of the city of Mobile are subjected to, by "An sibilities. Act authorizing the judge of the county court of Mobile county to appoint a public weigher in the city of Mobile," passed December thirtyfirst, one thousand eight hundred and twenty-two; and by an act entitled "An Act to alter and amend an act authorizing the judge of the county court of Mobile county to appoint a public weigher in the city of Mobile," passed December twenty-fourth, one thousand eight hundred and twenty-four a a See § 1, 2, 3, 4. lowed for § 14. It shall not be lawful for any public weigher in the city of Mo- lb. Sec. 3. bile or town of Blakeley, to charge for labor, marking, &c. but shall No charge alonly be entitled to the sum of six and one fourth cents, for each bale marking so weighed by him. bales, &c. WEIGHTS AND MEASURES. procure a ge weights and §1. THE treasurer of the territory is hereby authorized and requir- 1807—(13) ed to procure, as soon as may be, at the public expense, one set of Treasurer to weights and measures, viz: one weight of fifty pounds, one of twenty-neral standfive, one of fourteen, two of six, two of four, two of two, and two of ard of one pound, avoirdupois weight, according to the standard of the United measures. States, if one be established, but if there be none such, according to the standard of London, with proper scales for weights, together with measures, one of the length of one foot, and one of one yard, cloth measure, and the measures of one half bushel, one peck, and one half peck, dry measure; also the measures of one gallon, one of half a gallon, one of one quart, one of one pint, one of half a pint, and one of one gill, wine measure, according to the above named standard; and the said weights, measures, and scales, shall be deposited with the said treasurer, to serve as a general standard for weights and measures within this territory, until otherwise directed by congress. distribute §2. When the aforesaid weights, measures, and scales, shall be Treasurer to provided as aforesaid, the treasurer shall cause to be made or procured standards to for each county within this territory, at the public expense, one set of the counties. scales, weights and measures, and the last mentioned weights and measures shall be compared by the said treasurer, with the aforesaid general standard, and when found to agree therewith, shall be forthwith transmitted by him to the clerks of the several county courts in this territory. how kept. § 3. The said weights, measures, and scales, shall be kept by such County person in each county, as the county court shall direct, who shall take standards, the following oath, viz: "I, A. B., do solemnly swear (or affirm, as the case may be,) that I will in all things act with justice and faithfulness in my appointment as keeper of the standard of weights and measures for the county of -, according to law, to the best of my skill and judgment: So help me God." And immediately after such appointment, the clerks of the several county courts shall make known, the same by advertisement, to be fixed at the door of the court-house, and also by inserting the same in one of the public gazettes of this territory. And all persons desirous of trying their weights and measures, Private may resort to the aforesaid county standard for that purpose, and if weights and measures standard. Fees. how tried by they are found true, the persons appointed to keep the said standard, shall seal them with a seal, to be provided by the county court, at the expense of the county; and the persons appointed in the several counties, to keep the said county standard, shall be entitled to receive, for trying every steelyard and giving certificate therefor, and for trying any other weights and measures, and sealing the same, fifty cents each, to be paid by the person for whom such service is rendered or done. Penalty for selling by other than standard weights and measures. 1815-(10) Treasurer to § 4. After the appointment of a person to keep the said county standard shall have been made as aforesaid, every person or persons who shall sell any commodity whatever, by weight or measure, that shall not correspond with the said county standard, or shall keep any such for the purpose of buying or selling with, shall, for every such offence, forfeit and pay the sum of ten dollars; recoverable before any justice of the peace, by any person who shall sue for the same, and applied to his own use. § 5. The treasurer of the territory, is hereby authorized and reSec. 1. quired, to procure, as soon as may be, at the public expense, six sets procure six of weights and measures, as described in the act entitled "An Act establishing weights and measures in the Mississippi Territory," passa The preceded February 4, 1807.a sets. ing act. Ib. Sec. 2. to be sent and kept. take oath. § 6. When the sets of weights, measures, and scales shall have been Places where procured by the treasurer, as authorized by this act, one set shall be conveyed at the public expense to Huntsville, in Madison county; one other set to some place on or near Pearl River; one other set to the town of St. Stephens; one other set to the town of Mobile; one other set to the town of Woodville; and the sixth set to the town of Port Gibson, and be placed in the hands of some person to be appointed by the governor; and the sets of weights and measures heretofore procured, shall be forthwith delivered to some person residing in the city of Keepers to Natchez, to be appointed in the manner above described. And the keepers of weights and measures, hereby authorized to be appoint ed, shall, previously to entering upon the discharge of their duties, take the oath or affirmation prescribed in the third section of the act above recited, and the said keepers shall, immediately after their ap pointment, make known the same by advertisement, to be fixed at the door of the court-house of the counties in which they reside, and also by inserting the same in the nearest newspaper published in this terri tory. And immediately after the appointment of the said keepers, all persons residing in any part of this territory, and desirous to try their weights and measures, may resort to any of the aforesaid standards for that purpose; and if they are found true, the keeper of any of the said standards shall seal them with a seal, to be procured by the said trea surer at the expense of the territory; and the persons appointed keepers as aforesaid, shall be entitled to receive the fees prescribed by the third section of the act above recited, for the services therein specified. § 7. After public notice of the appointment of the keepers of weights Standards and measures, hereby authorized to be made, every person residing in within three this territory, who shall sell any commodity whatever by weight or measure, that shall not correspond with the standard hereby establish ed, shall, for every such offence, forfeit and pay the sum of fifty dol lars, recoverable before any justice of the peace, to be paid to the county treasurer for county purposes. Ib. Sec. 3. to be adopted months after notice. Penalty. 1820-(12) Sec. 1. Clerks of county courts to procure standard measures. § 8. The clerks of the county courts of each county in this state, shall, immediately after the passage of this act, procure from Huntsville, St. Stephens, or Mobile, one set of measures, according to the standard of measures provided for in the Mississippi Territory, and the same shall be the lawful measures of the state of Alabama, that is to say: one half bushel, one peck, and one half peck, dry measure; to be made of good and durable wood: also one set of liquid measures, that is to say one of a gallon, one of half a gallon, one quart, one pint, one half pint, and one gill, to be made of tin, pewter, or copper; which said measures shall be deposited in the clerk's office in each county, and kept by said clerks. Which shall sures to be ards. 9. After the above named measures are procured, the clerk of Ib. Sec. 2. each county court as aforesaid, shall make known the same, by adver- be adver tisement at the door of his court-house, or place of holding court: tised. and all persons, who shall hereafter keep measures for the purpose of Private mea. selling by said measures, shall present all such measures to the clerk,. compared who shall examine the same, and on finding them to agree with the with standmeasures herein directed to be procured, shall stamp or brand the same with the initials A. S. And the said clerk may claim and receive twelve and a half cents for each measure so branded or stamped: Provided, nothing in this act shall be so construed as to operate on Proviso. any measure or weight heretofore tried by said standard of weights and measures, and stamped under the laws of the Alabama Territory. selling by 10. If any person shall sell by any other measures than those П. Sec. 3. pointed out by this act, he or she shall, for every such offence, pay Penalty for the sum of ten dollars, to be recovered before any justice of the peace any other in the county where such offence may be committed; and the sum so recovered, shall be paid over to the person suing for the same. measures. keepers of § 11. The clerks of the several county courts are hereby made the b. Sec. 4. keepers of the measures herein named; and before they or either of Clerks to be them enter on the duties of that office, they shall take and subscribe measures. the following oath, to be administered by any justice of the peace of said county: "I do solemly swear, that I will in all things Keeper's act with justice and faithfulness in my appointment as keeper of the measures for said county, according to law, and to the best of my skill and judgment:-So help me God." oath. Expenses of procuring measures to § 12. All expenses that may be incurred in procuring said mea- . Ser. 5. sures, for the several counties in this state, shall be paid by the treasurer of the county, to the clerk for procuring the same and this act shall continue in force, until altered by the state, or until the United States shall pass a law fixing a standard for measures. be paid by the county treasurer. Sec. 1. weights and 13. The secretary of state is hereby authorized and required to pro- 1828—(13) cure as soon as may be, at the expense of the state, one set of weights Secretary of and measures of best materials, for each county in this state, each set state to proto consist of one weight of fifty pounds, one of twenty-five, one of four-cure a set of teen, one of seven, two of four, two of two, and two of one pound, measures for each county. avoirdupois weight, according to the standard established by an act of the Mississippi territory, passed February fourth, eighteen hundred and seven, with proper scales for weights, together with measures, [a Above, one of the length of one foot, and one of one yard, cloth measure; 1807-(13.) and the measures of one half bushel, one peck, and one half peck, dry measure; also the measures of one gallon, one of half a gallon, one of one quart, one of one pint, one of half a pint, and one of one gill, wine measure, according to the above mentioned standard, which shall be the standards of weights and measures in this state, till otherwise provided by congress; and the said secretary of state shall cause To be deliv one set of the said weights and measures to be distributed to each ered to clerks county in this state, and delivered to the clerks of the several county courts. courts, as soon after procuring the same as it can be done with convenience. of county Ib. Sec. 2. Clerks to give notice of the receipt of and to try § 14. The clerks of the several county courts in this state shall give notice by advertisement, by posting up notices at the court-house door, and at five or more of the most public places in their respective coun weights and ties, of the receipt of the said weights and measures provided for their measures, respective counties, whenever the same shall be received; and it shall weights, &c., be the duty of the said clerks of the county courts to try all weights presented to and measures presented to them, by the standard aforesaid, and if found to be true and to agree with said standard, the said clerks shall seal them with a seal to be provided by the county court of their re Fees for seal- spective counties at their expense, for that purpose; and the said clerks shall be entitled to the sum of twelve and a half cents for each seal applied by them to such weight or measure for their services, under this act, to be paid by the person having the same performed. him. ing. Ib. Sec. 3. selling by any other than standard weights and mea § 15. Three months after the receipt by the county court clerks of Penalty for said weights and measures, and after notice shall have been given as aforesaid, every person who shall sell any commodity whatever, by weight or measure, that shall not correspond with the said county standard, or shall keep any such for the purpose of buying or selling by, shall, for every such offence, forfeit and pay the sum of ten dollars, recoverable before any justice of the peace, by any person who may sue for the same, and which may be applied to his own use. sures. 1806-(1) Sec. 2. Who are ca sing real estate. WILLS. § 1. EVERY person of the age of twenty-one years, of sound mind, lawfully seized of any lands, tenements, or hereditaments, within this pable of devi- territory, in his or her own right, in fee simple, or for the life or lives of any other person or persons, shall have power to give, devise, and Devise, how dispose of the same, by last will and testament in writing: Provided, executed and That such last will and testament be signed by the testator or testatrix, or by some person in his or her presence, and by his or her di rection, and attested by three or more respectable witnesses, subscrib ing their names thereto, in the presence of such devisor; saving, however, to the widows of testators, their dower in lands, tenements, or hereditaments so devised. attested. Dower excepted. Ib. Sec. 3. Nuncupative wills. be § 2. No nuncupative will shall be established, unless it be made in the time of the last sickness of the deceased, at his or her habitation, or where he or she had resided for the space of ten days or more, next preceding the time of making such will, except such person taken sick from home, and die before his or her return to such habi tation; nor when the value bequeathed exceeds one hundred dollars, unless it be proved that the testator called on the persons present at the time of making such will, or some of them, to take notice or bear testimony, that such was his or her will, or to that effect. (1) § 3. No probate of any nuncupative will shall be taken, or letters Proie, testamentary granted thereon, till after the expiration of fourteen days tive wills, from the time of the decease of the testator, nor till citation hath how regula issued to call in the widow and other person or persons principally concerned, if resident in this territory, that they may appear contest such will if they see cause. Ib. Sec. 4. of nuncupa. ted. Ib. Sec. 5. and § 4. After the expiration of six months from the time of speaking wills must be any pretended testamentary words, no testimony shall be received to proved in six months, un less, &c. (1) To constitute a nuncupative will, the words spoken must have legal cer tainty, and be intended as a will:-and they must be spoken in extremis. Sykes et al. v. Sykes et al. 2 Stewt. Rep. 364. |