NO. II.

AUTHENTICATION OF THE ACTS, RECORDS, AND JUDICIAL PROCEEDINGS OF THE OTHER STATES, &c.

Constitution of the United States. Article iv. Section 1.

Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. And the congress may, by general laws, prescribe the manner in which such acts, records, and proceedings, shall be proved, and the effect thereof.

Act of Congress, of May 26th, 1790.

"To prescribe the mode in which the public acts, records, and judicial proceedings, in each state, shall be authenticated so as to take effect in every other state."

SEC. 1. The acts of the legislatures of the several states shall be authenticated, by having the seal of their respective states affixed thereto :1 the records and judicial proceedings of the courts of any state, shall be proved or admitted in any other court within the United States, by the attestation of the clerk, and the seal of the court annexed, if there be a seal, together with a certificate of the judge, chief justice, or presiding magistrate, as the case may be, that the said attestation is in due form. And the said records and judicial proceedings authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States, as they have by law or usage in the courts of the state from whence the said records are or shall be taken.

66

Act of Congress, of April 27, 1804.

Supplementary to the act entitled, An Act to prescribe the mode,'" &c.
[The act of May 26th, 1790. Supra.]

SEC. 1. From and after the passage of this act, all records and exemplifications of office books, which are or may be kept in any public office, of any state, not appertaining to a court, shall be proved or admitted in any other court or office in any other state by the attestation of the keeper of the said records or books, and the seal of his office thereto annexed, if there be a seal, together with a certificate of the presiding justice of the court of the county or district, as the case may be, in which such office is or may be kept; or of the governor, the secretary of state, the chancellor or the keeper of the great seal of the state, that the said attestation is in due form, and by the proper officer; and the said certificate, if given by the presiding justice of a court, shall be further authenticated by the clerk or prothonotary of the said court, who shall certify, under his hand, and the seal of his office, that the said presiding justice is duly commissioned and qualified; or if the said certificate be given by the governor, the secretary of state, the chancellor or keeper of the great seal, it shall be under the great seal of the state in which

1 See "Judicial Proceedings at Common Law,”—§ 144, page 284.

the said certificate is made. And the said records and exemplifications, authenticated as aforesaid, shall have such faith and credit given to them in every court and office within the United States, as they have by law or usage in the courts or offices of the state from whence the same are or shall be taken.

SEC. 2. All the provisions of this act, and the act to which this is a supplement, shall apply as well to the public acts, records, office books, judicial proceedings, courts and offices of the respective territories of the United States, and countries subject to the jurisdiction of the United States, as to the public acts, records, office-books, judicial proceedings, courts and offices of the several states.

INDEX.

NOTE. What relates to the Militia, will be found alphabetically arranged under the
head-"Militia."

ABANDONMENT.

By husband or wife for three years, shall entitle the other party
to a divorce,

130

By husband for any length of time, and living in adultery with
another woman, shall entitle w fe to a divorce,

ib.

By husband or wife for five years, (not known to be living,)
shall exempt the other party from the penalties of a second
marriage,
ABATEMENT.

107

When the cause of action survives, suit shall not abate by the
death of either plaintiff or defendant, but the executor or ad-
ministrator may be made a party,

259

The action of trover shall survive for and against executors and
administrators,

ib.

Suits brought for the use of another, shall not abate by the death
of the nominal plaintiff,

ib.

Where one or more of several joint plaintiffs or defendants die,
if the cause of action survive, the death may be suggested on
the record, and the suit proceed for or against the survivors,
Where any one dies pending a writ of ad quod damnum, his
executor or administrator may, on motion, revive the pro-
ceedings,
Trespass quare clausum fregit, and for injury to personal
property, may be revived by the plaintiff's representatives as
actions on contracts,

Suit commenced by a feme sole shall not abate by her marri-
age, if the husband will make himself a party,
On marriage of feme sole defendant, her husband may be made
a party by sci. fa.,

ib.

260

ib.

ib.

ib.

Suit commenced by administrator ad colligendum not to abate
by appointment of administrator in chief, but to progress for
his benefit,

178-9

On death of executor or administrator, suit shall continue for or
against their successors,

Process issued or executed irregularly, may be abated by plea,

278

ABATEMENT, PLEAS OF.

Must be sworn to unless their truth otherwise appear,
On plea overruled, plaintiff entitled to full costs up to the time,

276

277

ABSENCE.

Of county officer from the county for four months to vacate his
office,

100

Of member of medical board, at two successive annual meetings,
to vacate his office,

Of apportioner of hands for two months, to vacate his office,

ABSENCE-Continued.

and judge required to fill vacancy until meeting of commis-
sioners,

Absence of husband or wife-See "Abandonment."

ACADEMIES-See " Schools and School Lands."

358

To mayhem,

Before the fact to murder, rape, arson, robbery and burglary,

To forgery,

To robbery or larceny of bonds, bills, notes, receipts, certifi-
cates, &c.

To horse, ass, or mule stealing,

may be tried before conviction of the principal felon,
Free person abetting or counselling slaves in actual or medi-
tated conspiracy, insurrection, or rebellion, punished with
death,

Slaves accessory to any capital crime before or after commis-
sion, punished with death,

Concealors of stolen goods, how punished,

ACCOUNT, ACTION ÖF.

To lie between administrators; and executor and residuary le-
gatee,

ACCOUNT, IN CHANCERY.

Matters of account may be referred to the clerk by the chancel-
lor in his decree, or before a hearing,

Parties may establish items not exceeding $10, by their own
oaths, unless disproved,

Clerk's report may be appealed from on ten days' notice to op-
posite party, stating the grounds of appeal,

ACCUSED.

Privileges of, in criminal prosecutions,

Do. on examination before justices of the peace,

ACTIONS POPULAR.

Collusive discharge no bar to bona fide plaintiff,
Bail and costs allowed in qui tam actions,

29

102

ib.

ib.

103

102

103

105

108

103

ib.

104

108

Citizen of a county not incompetent as a juror, by reason of his

interest in the penalty sued for,

ACTS OF ASSEMBLY-See "Laws."

Private acts may be given in evidence from the printed statute-
book, without being specially pleaded,

"Courts" and "General Assembly."
ADJUTANT, AND ADJUTANT-GENERAL-See" Militia."
ADMINISTRATORS-See "Executors and Administrators."

ADMIRALTY.

Proceedings to enforce lien on vessels,

Do. for condemnation of slaves unlawfully imported, ` .

AD QUOD DAMNUM.

Writ of, may be revived by plaintiff's representatives,
ADULTERY.

Punishment for living in,

283

390

398

260

108

ADULTERY-Continued.

To be sufficient ground for a divorce,

Persons cohabiting after divorce for cause of adultery, guilty of,
Offending party, marrying after divorce, guilty of,

ADVERTISEMENT.

Penalty for pulling down,

Witnesses may give testimony by solemn affirmation, in all

130

131

ib.

109

415

cases,

452

AGENT.

Shall be appointed by plaintiff in execution, when he resides out
of the county,

174

Letter of attorney to transact business with the Bank of the State
of Alabama, may be acknowledged before any clerk or notary
public, .
AGENTS OF SCHOOL LANDS-See "Schools and School Lands."
AGENTS OF THE TRUSTEES OF THE UNIVERSITY-See " University."
AGREEMENTS-See "Contracts."

ALABAMA, STATE OF.

Extent, boundaries, and admission into the Union,

ALIAS WRIT.

May issue after a return of "non est inventus," to a writ,
ALIMONY-See “Divorces.”

ALLOWANCES.

To clerks for books and stationary purchased for their offices,
To clerks, sheriffs, and constables, for public services,

ALTERING.

62

29

37

85

99

Judges not to hold court in the same circuit twice successively,

244

AMENDMENTS-See "Errors and Amendments."

AMENDMENTS TO THE CONSTITUTION.

How proposed and ratified,

ANSWERS IN CHANCERY-See "Chancery."
Must be sworn to,

Plaintiff may enter appearance for defendant on his arrest and
commitment,

Defendant at law shall appear within first three days after time
allowed for declaring,

Liability of attorneys for not appearing after engagement, and for
appearing under power of attorney, made for confessing judg
ment before action brought,

Appearance in Chancery-See "Chancery."
APPORTIONERS-See "Roads."

APPORTIONMENT.

Of members of the General assembly, to be made every six years,
Apportionment by the act of 1828,

Of estates, how appointed and their duties,

Of improvements in certain real and possessory actions,
Of strays,