APPRENTICES.

Orphans and children of paupers may be bound apprentices,
Children of criminals in certain cases to be bound apprentices,
Penalty on tavern-keepers for furnishing apprentices with liquor,
ARBITRATION.

Submission of matters in dispute by order of court,
Submission by order of justice of the peace,
Submission by written agreement before justice,

The arbitrators or either of them may subpoena witnesses,
Sheriffs and constables required to obey summonses,
Witnesses shall attend under like penalty, and have the same
compensation and privileges as witnesses summoned to attend
the circuit court,

ib.

Arbitrators entitled to two dollars per day, each, under act of
1819,
Arbitrators entitled to one dollar per day, each, under act of
1824,

Award, how made, returned, and published,

ib.

34

32, 34

32, 34, 281

To be made the judgment of the court or justice,
Award returned, approved, and recorded, under a rule of refer-
ence by consent, to be as valid as the verdict of a jury,
For what causes awards may be set aside, and the mode of ap-
pealing therefrom, .

ARMS.

Every citizen has a right to bear arms in defence of himself and
the state,

Persons scrupulous of bearing arms, may pay an equivalent for
personal service,

Slaves not to carry any arms or weapons except their working
tools,

Arms carried by slaves may be seized and condemned to the
seizer,

Slave may be licensed to carry gun by justice, with his owner's

consent,

Arms of the militia exempt from distress, execution or attach-

ment,

ARMS, PUBLIC.

Transportation of, in case of threatened insurrection or invasion,
How distributed among the several volunteer corps,
Governor may call in public arms, or require renewal of bonds,
May remove public arms when in danger, and provide guards
for arsenal,

Assistant adjutant-general to inspect the arms annually,
ARREST-See "Militia," for arrests under the militia laws.
Privilege of electors from arrest,

of persons performing militia duty,

of members of the general assembly,

of witnesses attending court or arbitrators,

Unreasonable arrests not allowed,

Not to be made without probable cause, supported by oath or
affirmation,

Not to be made, except according to law, and legal form,
Persons charged with crimes, escaping from one county to an-
other, may be arrested and conveyed to the proper county, .
Justice of peace required to endorse warrant of justice of the
county from which offender escapes,

117

ib.

ARREST-Continued.

No one to be arrested on civil process on Sunday, unless oath
be made that he is about to abscond,

No resident citizen of the state to be arrested on bail process
of the county of his residence and freehold,

Bail may arrest principal for purpose of making surrender,

ARSON.

How punished,

By slaves, how punished,
Accessaries to, how punished,

Concealment of, how punished,

ASSAULT.

440

out

284

52

102

114

102-103

105

102

114

With intent to commit murder, rape, or robbery, how punished,
ASSAULT AND BATTERY.

By slave on white person, with intent to kill, how punished,
ASSEMBLY-See "General Assembly."

ASSEMBLIES UNLAWFUL-See " Slaves," &c.
ASSESSORS AND COLLECTORS.

Their election and temporary appointment, certificate, bond, and
oath of office,

36

Shall inquire who retail without license and lodge information,
Their duties with regard to the revenue, and how proceeded
against-See "Taxes."

407

ASSIGNMENT.

Bonds and notes of the Bank of the State of Alabama, how
assignable,

59-60

Cotton receipts assignable as inland bills of exchange by the
custom of merchants,

327

All notes, bills, bonds, for payment of money, &c. assignable
by endorsement, whether payable to order or assigns, or not, 328, 330
Assignee may sue in his own name, and maintain any action
payee could have maintained,

Plaintiff need not prove assignment, on trial, unless defendant
accompanies his plea with an affidavit of forgery,
Sheriff shall assign bail-bond to plaintiff, or stand himself as
special bail,

Officer taking bond of insolvent debtor shall assign it to the plain-
tiff, or be liable for the damage,
Certificates of the trustees to purchasers of university lands,
assignable,

Certificates of stock of the State of Alabama, how assignable,
ASSIGNMENT OF DOWER-See " Conveyances."

ATTACHMENTS, JUDICIAL.

May issue on return of non est inventus to a capias ad respon-
dendum,

On similar return in a local action,

To compel an officer to return an execution or pay

In chancery, shall be discharged in all cases, by the defendant's
compliance at or before next term,

May issue against executors, administrators, and guardians, for
failing to appear and settle their accounts when cited,
County and orphans' court may issue attachments to enforce
their orders, judgments, and decrees,

ATTACHMENTS, ORIGINAL.

May be issued by judges of the circuit or county courts, and
justices of the peace,

For sums exceeding fifty dollars returnable to court: not exceed-
ing fifty dollars before some justice of the peace,

Bond and affidavit required on issuing attachments, and how
disposed of,

Issued without bond or affidavit to abate,

Affidavit and security where both parties are nonresidents,
Form of attachment and bond,

May issue though the debt is not due,

How to issue against nonresident partners, joint obligors, &c.
On what they may be levied,

37

38

37-8

38

40

38-9

39

40

ib.

41

ib.

40-1

41

40-1

41

May be levied on lands of nonresidents having no goods or chat-
tels,

Officer levying may require indemnity,

Defendant may plead without special bail,

Right of property may be tried,

Executions to issue on replevin bonds, or bonds for trial of the
right of property when forfeited,

39

Proceedings where the property is perishable, or liable to waste,
Remedy against the officer failing to pay over proceeds of sale, 39-40
Attachments against nonresidents to be stayed, and defendant
notified,

On appearance, putting in bail, and pleading, defendant's estate
to be liberated,

Security required before sale of nonresident's estate,

Attachments, as to matters of form, amendable,

Garnishees, how summoned and proceeding against them,
Plaintiff or defendant may contest garnishee's answer,
Garnishee's compensation, and by whom paid,

ATTORNEYS.

To be licensed and take oaths,

Oath against duelling,

License by whom granted,

Persons who have presided as circuit judges to be licensed

without examination,

Penalty for practising without license,

But parties may prosecute or defend their own suits

41

ib.

41-2

42

42-3

43

ib.

43

136

45

ib.

43-4

237

ing or holding license,

44

May be deprived of license for mal-practice,

ib.

Liable for neglect,

May be fined for misbehavior or contempt of court,

ib.

ib.

Only two to argue on one side,

How proceeded against for failing to pay over money,
For failing to enter appearance after engagement,

ib.

ib.

ib.

Judges and sheriffs restrained from practising as attorneys ge-
nerally, and clerks in their own counts,

Judges of county courts may practise under certain restrictions,
Of Florida, allowed to practise in this state,
Attorney of the trustees of the university, to be accredited with-
out producing the seal of the corporation,

Penalty for appearing under power of attorney made for con-
fessing judgment before action brought,

ib.

44, 45

45

46

435

Persons convicted of felonious crimes disqualified from obtain-

ATTORNEY-GENERAL.

How appointed and term of office,

Shall keep his office at the seat of government,

Shall appear for the state in the supreme court and perform the
duties of solicitor in his own circuit,

46

ib.

ib.

ib.

368

46, 190, 213

47

Shall advise the governor, comptroller and treasurer on ques-
tions of law,

His salary-$425,
His Fees,

Temporary appointment by the court in his absence,
ATTORNEY, LETTER OF-See "Power of Attorney."
ATTORNMENT.

Of tenant not necessary in grants,

AUCTIONEERS.

To be licensed,

Number in the several counties,

How appointed and commissioned,

Their bond,

Shall make regular entries of sales in a book,

Shall make return to comptroller by second Monday in De-
cember, of sales for the year ending on first Monday in No-
vember previous,

Failing to make returns, shall forfeit $1000, to be collected by
tax-collector on comptroller's certificate,
Duties, when to be paid to the tax-collector,

Failing to make payments, to forfeit $500 in addition to the

penalty in their bond,

Penalties and duties collected as state and county taxes,

Auction duties two per cent. on amount of sales,

What sales are exempt from the payment of duties,

421

ib.

Private sales of auctioneers subject to the same duties as public
sales,

AWARD-See " Arbitration."

BAIL, IN CIVIL CASES.

In what cases bail may be required and how taken,

Not to be required of executors and administrators when sued as
such,

Improperly taken may be discharged on motion,

May be required after suit brought, and before final judgment,
Allowed on suit by petition and summons,

ib.

51

Allowed in qui tam actions,

How taken at the suit of the bank of Alabama,

No one to be held to bail out of the county of his residence and
freehold,

Plaintiff requiring bail shall give security for costs,
Bail bond to be in double the amount of the sum endorsed,
Sheriff taking no bail or insufficient bail to stand himself as spe-
cial bail, on exception taken at the return term,
Bail bonds to be assigned to plaintiff-form of assignment,
Sheriff failing to assign bail bond, to stand as special bail,

Bail may arrest and surrender principal at any time before
final judgment on sci. fa.,

Defendant, how disposed of by constable, when unable to give
bail, or surrendered by bail,

How and in what cases recognizances of special bail may be
taken and the form thereof,

ih.

66

284

51

ib.

ib.

ib.

ib.

52, 54

293

52

BAIL, IN CIVIL CASES-Continued.

Liability of special bail,

Responsibility and privileges of bail in action of detinue,
Proceedings against bail on sci. fa.-issue, plea, &c.,
Bail may plead death of principal in bar to sci. fa.,
Special bail, or common bail for defendant's appearance, may
have judgment on motion against principal, for amount paid
as such,

Bail, or sheriff standing as special bail, may defend the suit
when defendant fails to appear.

IN CIVIL CASES, BEFORE JUStices of the peace.

How taken in suits before justices of the peace, and the pro-
ceedings thereon,

BAIL, IN CRIMINAL CASES.

Excessive bait shall not be required,

In what cases to be allowed before conviction,

When and how to be allowed before and after commitment,
Justices shall examine witnesses, and take the voluntary infor-
mation of the accused before they bail or commit,

52

54

53

54

53

54

54, 293

115

ib.

421

116 & note.

Justices shall return recognizances to the next circuit court, on
first day of the term before sitting of court,
Sheriffs and their deputies, and coroners may take recognizan-

ces,

Recognizances taken by the sheriff shall be returned and certifi-
ed to court,

All recognizances to be made payable to the governor for the
time being and his successors in office,
Good, if payable to the state of Alabama,

116

117,388

ib. ib.

121

122

In capital cases, bail not to be granted for failure to obtain a
jury,

121

In treason and felony, defendant may be bailed if not tried first
term, and shall be bailed if not tried second term after com-
mitment,

Refusing to pay specie for their notes, liable to be proceeded
against by a quo warranto,

Governor on information that the bank has stopped specie pay-
ment shall direct comptroller to issue circulars to tax-collect-
ors, apprizing them of the fact,

Not allowed to take above 6 per cent. interest on loans and
discounts,

Bank directors required to take an oath against usury,
BANK OF THE STATE OF ALABAMA.

Constitutional provisions respecting,

on bills not to exceed $5,000,

Members of general assembly not to be securities in bank,