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. 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 ABANDONMENT. By husband or wife for three years, shall entitle the other party 130 By husband for any length of time, and living in adultery with ib. By husband or wife for five years, (not known to be living,) 107 When the cause of action survives, suit shall not abate by the 259 The action of trover shall survive for and against executors and ib. Suits brought for the use of another, shall not abate by the death ib. Where one or more of several joint plaintiffs or defendants die, Suit commenced by a feme sole shall not abate by her marri- ib. 260 ib. ib. ib. Suit commenced by administrator ad colligendum not to abate 178-9 On death of executor or administrator, suit shall continue for or Process issued or executed irregularly, may be abated by plea, 278 ABATEMENT, PLEAS OF. Must be sworn to unless their truth otherwise appear, 276 277 ABSENCE. Of county officer from the county for four months to vacate his 100 Of member of medical board, at two successive annual meetings, Of apportioner of hands for two months, to vacate his office, ABSENCE-Continued. and judge required to fill vacancy until meeting of commis- 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- To horse, ass, or mule stealing, may be tried before conviction of the principal felon, Slaves accessory to any capital crime before or after commis- Concealors of stolen goods, how punished, ACCOUNT, ACTION ÖF. To lie between administrators; and executor and residuary le- ACCOUNT, IN CHANCERY. Matters of account may be referred to the clerk by the chancel- Parties may establish items not exceeding $10, by their own Clerk's report may be appealed from on ten days' notice to op- ACCUSED. Privileges of, in criminal prosecutions, Do. on examination before justices of the peace, ACTIONS POPULAR. Collusive discharge no bar to bona fide plaintiff, 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- "Courts" and "General Assembly." 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, 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, 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 174 Letter of attorney to transact business with the Bank of the State ALABAMA, STATE OF. Extent, boundaries, and admission into the Union, ALIAS WRIT. May issue after a return of "non est inventus," to a writ, ALLOWANCES. To clerks for books and stationary purchased for their offices, 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." Plaintiff may enter appearance for defendant on his arrest and Defendant at law shall appear within first three days after time Liability of attorneys for not appearing after engagement, and for Appearance in Chancery-See "Chancery." APPORTIONMENT. Of members of the General assembly, to be made every six years, Of estates, how appointed and their duties, Of improvements in certain real and possessory actions, |