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$13. The public weigher to be appointed by virtue of this act, shall nb. 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

regulations bilities, under the direction of the judge of the county court aforesaid, 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, $ 14. It shall not be lawful for any public weigher in the city of Mo- 1b. Sec. 3. bile or town of Blakeley, to charge for labor, marking, &c. but shallo only be entitled to the sum of six and one fourth cents, for each bale marking so weighed by him.

No charge al lowed for

bales, &e.

WEIGHTS AND MEASURES.

Treasurer to procure a ge.

$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 weights and measures, viz: one weight of fifty pounds, one of twenty- neral stand

ard of five, one of fourteen, two of six, two of four, two of two, and two of weights and 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.

2. When the aforesaid weights, measures, and scales, shall be Treasurer to provided as aforesaid, the treasurer shall cause to be made or procured distribute

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. 3. The said weights, measures, and scales, shall be kept by such County,

standards, person in each county, as the county court shall direct, who shall take

how kept. 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 -4 , 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 me

weights and

measures

Fees.

other than

weights and measures.

Sec. 1.
Treasurer

sets.

Ib. Sec. 2.

to be sent and kept.

how tried by they are found true, the persons appointed to keep the said standard, 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 $ 4. After the appointment of a person to keep the said connty selling by

In standard shall have been made as aforesaid, every person or persons standard 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. 1815—(10) $ 5. The treasurer of the territory, is hereby authorized and re

urer to 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 preced. ed February 4, 1807.a ing act. $ 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 forth with 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 appointed, 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 appointment, 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 terti: 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 treasurer at the expense of the territory; and the persons appointed keep ers as aforesaid, shall be entitled to receive the fees prescribed by the

third section of the act above recited, for the services therein specified. 15. Sec. 3. 7. After public notice of the appointment of the keepers of weighs Standards, and measures, hereby authorized to be made, every person residing a to be adopted within three this territory, who shall sell any commodity whatever by weight of

arter measure, that shall not correspond with the standard hereby establish Penalty. ed, shall, for every such offence, forfeit and pay the sum of fifty dal

lars, recoverable before any justice of the peace, to be paid to to

county treasurer for county purposes. 1820—(12) $8. The clerks of the county courts of each county in this state,

of shall, immediately after the passage of this act, procure from Huns. Clerks of county ville, St. Stephens, or Mobile, one set of measures, according to be courts to procure standard standard of measures provided for in the Mississippi Territory, and w

take oath.

months after notice.

Sec. 1.

measures.

ards.

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.

$ 9. After the above named measures are procured, the clerk of n. Sec. 2. each county court as aforesaid, shall make kpown the same, by adver-header 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.

§ 10. If any person shall sell by any other measures than those 10. Sec. 3. pointed out by this act, he or she shall, for every such offence, pay Penalty for

selling by the sum of ten dollars, to be recovered before any justice of the peace any other

measures. in the county where such offence may be committed ; and the sum" 80 recovered, shall be paid over to the person suing for the same.

$11. The clerks of the several county courts are hereby made the 16. Sec. 4. keepers of the measures herein named; and before they or either of Clerks to be

keepers of 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 oath measures for said county, according to law, and to the best of my skill and judgment:-So help me God."

§ 12. All expenses that niay be incurred in procuring said mea- Id. Sec. 5. sures, for the several counties in this state, shall be paid by the trea

procuring surer of the county, to the clerk for procuring the same : and this measures to act shall continue in force, until altered by the state, or until the the county United States shall pass a law fixing a standard for measures. treasurer.

$ 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 Se

Secretary of and measures of best materials, for each county in this state, each set state to pro.

cure a set of to consist of one weight of fifty pounds, one of twenty-five, one of fourteen, 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,a with proper scales for weights, together with measures, [a Above, one of the length of one foot, and one of one yard, cloth measure ; 1307–13.) 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 onė 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.

Expenses of

be paid by

Soc. 1.

weights and

of county

him.

15. Sec. 2. $ 14. The clerks of the several county courts in this state shall gire Clerks to

notice by advertisement, by posting up notices at the court-house door, give notice of the re- and at five or more of the most public places in their respective counceipt of

Sand 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 and to try 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 reFees for seal-spective counties at their expense, for that purpose, and the said clerks ing.

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. Ib. Sec. 3. 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 afore selling by any other said, every person who shall sell any commodity whatever, by weight than stand

is or measure, that shall not correspond with the said county standard, and mea 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.

ard weights

sures.

WILLS.

wills.

1806-(1) $1. Every person of the age of twenty-one years, of sound mind, Sec. 2. Who are ca. law

ca. 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 sing real es- of tate.

dies 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 testaattested.

trix, or by some person in his or her presence, and by his or her di

rection, and attested by three or more respectable witnesses, subscribDower ex. ing their names thereto, in the presence of such devisor; saving, hov. cepted.

ever, to the widows of testators, their dower in lands, tenements, or

hereditaments so devised. 1b. Sec. 3. 82. No nuncupative will shall be established, unless it be made in Nuncupative

ve 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 be taken sick from home, and die before his or her return to such habitation; 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) Ib. Sec. 4. § 3. No probate of any nuncupative will shall be taken, or letters Probate, &c. of nuncupa.

' 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

issued to call in the widow and other person or persons principally concerned, if resident in this territory, that they may appear and

contest such will if they see cause. Ib. Sec. 5. § 4. After the expiration of six months from the time of speaking Nuncupative 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 hare 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.

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rove the same to be a nuncupative will, unless such words, or the substance thereof, were reduced to writing within six days after speakng the same.

$ 5. No will in writing, or bequest therein of goods and chattels, 1b. Sec. 6 hall be revoked by any subsequent will, codicil, or declaration, unless Written

not revoked he same be in writing: Provided always, That any soldier in actual by nuncupa. military service, or mariner or seaman being at sea, may dispose of cept in case und bequeath his goods and chattels, as he could have done before the of soldiers,

seamen, &c. passing of this act, anything herein contained to the contrary notwith-cam tanding.

$ 6. When any child shall be born after the death of the father, Ib. Sec. 7. without having any provision made in his will, every such posthumous Posthumous

children prochild shall have the same share of the estate of his or her father, that vided for. such child would have had, if the father had died intestate, and such

hare shall be assigned to him or her accordingly, to be taken in proportion from the legatees and devisees of such will.

67. All such estate, both real and personal, as is not devised or be- 1b. Sec. 8. queathed in the last will and testament of any person, shall be distri- Estate not

bequeathed, puted in the same manner as the estate of an intestate, and the exe- how disposed cutor or executors shall administer the same accordingly.

of. $ 8. If any person shall be a subscribing witness to a will, wherein Ib. Sec. 9.

Attesting leany devise or bequest is made to such subscribing witness, and the gatees to for. will cannot be otherwise proved, the devise or bequest to such witness feit their be.

quests in cer shall be void, and he or she compellable to appear and give testimony rain cases. on the residue of the will, in like manner as if no such devise or bequest had been made. But if such witness would have been entitled

o any share of the testator's estate, in case the will was not established, then so much of such share shall be saved to such witness as hall not exceed the value of the said devise and bequest made to him or her in the said will.

$ 9. If lands, tenements, or hereditaments shall be charged with any nb. Sec. 10. lebt or debts by any will or codicil, and the creditor whose debt is ad

creditor como secured, shall attest the execution of such will or codicil, such cre- petent wit. litor may notwithstanding be admitted as a witness of the execution "cas. hereof. 6 10. If any testator shall have a mansion-house, or known place of Ib. Sec. 12.

Wills, where esidence, his will shall be proved in the orphans' court of the county to be proved wherein such mansion-house or place of residence may be ; but if he ias no place of residence, and lands be devised in the will, it shall be proved in the county wherein the lands so devised are situate, or in yne of them, where there shall be lands so devised in several counties; und if he has no such known place of residence, and there be no lands levised, then the will may be proved either in the orphans' court of he county where the testator shall die, or that wherein his estate, or he greater part thereof shall be. 11. When the subscribing witnesses to any will shall reside out Ib. Sec. 13.

Testimony of If this territory, the court to which the probate of the said will may subscribing ippertain, is authorized to issue a dedimus potestatem to take the witnesses

out of the estimony of such witnesses in proof of said will, and receive the tes- territury. imony so taken accordingly.

$ 12. Authenticated copies of wills, proved according to the laws of Ib. Sec. 14. iny of the United States, or of any country out of the limits of the Wills, how to United States, and touching or concerning estates within this territory, be proved. nay be offered for and admitted to probate in the said courts; but uch will shall be liable to be contested and controverted, in the same nanner as the original might have been.

Attesting

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