CONSTABLES-Continued.

Their duty in collecting and accounting for militia fines,
To be paid one dollar and fifty cents per day by the county, for
attending the circuit court,

Sheriff shall summon three constables to attend the circuit court,
who shall be liable to a fine not exceeding ten dollars, for not
attending,
Proceedings against constables,

For failing to execute and return warrants, pro-
cess, &c.

For failing to return execution,

For failing to pay money collected,

For making a false return,

319

99, 193

243

300

175

175-6, 300

176

ib.

For failing to make money on an execution, when
practicable,

Bonds, how taken by constables-See "Bonds" and "Execu-
tions," and for their duties in levying executions, &c.-See
"Justices of the Peace."

CONSTITUTION OF THE UNITED STATES,
CONSTITUTION OF THE STATE OF ALABAMA,
Amendments to, how proposed, accepted, and ratified,

Duty of secretary of state, and of returning officers and mana-
gers of elections,

CONTAGIOUS DISORDERS.

Governor to take measures against the spread of contagious dis-
orders, and to provide for those diseased,

CONTEMPTS.

Power of judges and justices of the peace to fine and imprison
for contempts,

Liability of attorneys for contempt of court, and how proceeded
against,

Witnesses refusing to give testimony, may be imprisoned until
they answer,

Either house of the general assembly may punish persons, not
members, by imprisonment, not exceeding forty-eight hours,
for disrespectful or disorderly behavior in its presence,
CONTESTED ELECTIONS-See "Elections."
CONTINUANCE OF CAUSES.

Causes shall be continued to the next term, in case of the judge's
nonattendance or death,

Causes on the docket, not disposed of at the end of the term, to
be continued over of course,
Continuances may be granted for cause, in trials of the right of
property, as in other cases,

Executor or administrator, becoming party to a suit, entitled to
a continuance for one term,

CONTRACTS.

What are required to be in writing by the statute of frauds and
perjuries,

259

In consideration of not bidding at land sales, void,
Founded on gaming consideration, void,

206-7

110

209

437

338, 340

Founded on usurious consideration, void,

For professional services, to physician not licensed, (except
Thompsonians,) void

For Indian improvements or claims, to be written, executed in
presence of some white person, and for valuable considera-
tion,

225

CONVEYANCES-See "Fraudulent Conveyances," and "Partition.”
Conveyances acknowledged or proved and certified, to be re-
ceived in evidence,

88

To be recorded in the office of the clerk of the county court, 92, 249
Not to be recorded, unless acknowledged or proved according
to law,

88

88 to 92

89, 90, 91

How acknowledged or proved, and the certificate thereof,
By femes covert, how and before whom acknowledged,
Femes covert, under twenty-one years of age, restrained from
conveying lands or rights of dower,

Femes covert may relinquish dower, after the deed is recorded,
Conveyances, how acknowledged or proved, when the grantor
or witness resides out of this state, but in the United States,
How acknowledged or proved, when the grantor or witness re-
sides in a foreign state,

93

ib.

89

ib.

How proved when the grantor or witness is dead, or cannot be
obtained,

ib.

British, French, and Spanish records, how preserved and certi-
fied,

Forgery and perjury, in relation to the acknowledgment, cer-
tificate, or endorsement of a deed, how punished,
Deeds to be recorded within six months after executed, or to be
void against a subsequent bona fide purchaser or mortgagee,
without notice,

Deeds of assessor and collector, on sale of land for taxes, may
be proved, but not recorded until the expiration of one year
from their date,

208

Deeds recorded after the legal time, to be valid thenceforth,
Deeds to be at all times valid between the contracting parties, 91, 208
Patents by the state, how and under what conditions to issue,
To be recorded in the secretary of state's office,
Patents for land may be recorded as other deeds, and certified
copy be received in evidence,

Clerks of county courts shall record deeds, and give
certificates and transcripts,

a

If the original is lost, destroyed, or cannot be produced, a trans-
cript may be received as evidence,

Grant effectual without attornment of tenant,

93

ib.

94

What words in a deed shall amount to an express warranty,
What shall be deemed a conveyance in fee simple,
Possession of covenantor construed to accompany deed, without
livery of seisin,

ib.

ib.

ib.

How the covenantee in a bond for titles may proceed to obtain
titles after the covenantor's death,

95

Warranties by tenant for life void against those in remainder
and reversion,

CO-OBLIGORS-See "Joint Obligors."

CORAM VOBIS—(Writ of Error)-See "Errors and Amend-

ments."

CORONER.

His appointment and term of office,

His bond,

Judge of county court may appoint a coroner where necessary
to execute process,

100

97

100

May be required to give additional bond, when acting as sheriff, 96
Shall execute process where the sheriff is a party, or interested,
and be keeper of the jail when the sheriff is committed,

CORONER-Continued.

Shall hold elections, and be returning officer, when the sheriff
does not attend,

May perform all the duties of sheriff, when sheriff's office is

138

389

His duty in cases of sudden death, &c.
96, 116 and note.
May be charged officially with the administration of estates, 179
Justice of the peace may, under certain circumstances, act as

coroner,

COSTS, IN CIVIL CASES-See "Fees."

Law of costs declared penal,

Officers not allowed commissions for collecting costs,

On return of "no property," on an execution for costs, clerks
and justices may issue execution against the plaintiff in exe-
cution for the costs occasioned by him,
Clerk of supreme court may issue executions for costs unpaid,
May issue execution against the successful party for his own
costs, after return of "no property," on execution directed
against the other party to the county where the cause origi-
nated,

191

ib.

262

257

258

163, 191

Items of cost to be endorsed by the clerk on executions,
Two dollars to be taxed on each suit, in aid of the county tax,
No county tax to be assessed on judgments, in favor of the
Bank of the State of Alabama, obtained without the interven-
tion of a jury,

Party recovering judgment, or defendant on nonsuit or general
discontinuance entitled to full costs,

Party prevailing entitled to tax fee allowed attorneys,
Where plaintiff on defendant's appeal recovers less than before
the justice, the court may impose costs at its discretion,
Plaintiff appealing, and not recovering more, to pay all costs,
Plaintiff suing after tender of full payment by defendant, shall

Garnishees liable to be taxed with costs, only after summons and
default, .

214

On overruling plea in abatement, plaintiff entitled to full costs.
up to the time,

277

274

On judgment against plaintiff, person for whose use suit is
brought, liable for costs,

Costs to be allowed in qui tam actions, as in other suits,
Plaintiff in slander and assault and battery, recovering only $5,

shall have no more costs than damages, unless the judge cer-
tifies that more damages ought to have been allowed,
Suits of nonresidents, and of persons removing from the state
after suit brought, shall be dismissed if security for costs be
not given in sixty days after notice,
Judgment and execution shall be awarded against security for
costs, on motion,

261-2

262, 263

262

On dismissal of nonresidents' suits for want of security for costs,
execution may issue against the attorney for costs,
Clerks may require nonresidents to give security for costs, be-
fore issuing writ,

Plaintiff dismissing suit in vacation, shall confess judgment for
costs, or if a nonresident, shall pay costs before dismissal, 269
Plaintiff suing out a bail writ, shall give security for costs,
COSTS, IN CHANCERY.

51

Shall be paid by either party at the discretion of the court,

286

COSTS, IN CHANCERY-Continued.

Except on appeals from the report of a master in chancery,
when they shall be paid by the party cast,

Nonresident complainants may be required to give security for

costs,

COSTS, IN CRIMINAL CASES.

289

262,263

123, 191

123

123, 452

Defendant, if convicted, to be charged with all costs,
Estates of persons convicted, bound for costs in preference to
other claims, except dower and jointure,
Prosecutor to be taxed with the costs, when the prosecution is
frivolous or malicious,
Costs of prosecuting and supporting criminals for offences com-
mitted on Indian lands, to be paid out of the contingent fund,
on the judge's certificate,
Expense of maintaining criminals not convicted, or convicted
and unable to pay, (unless taxed on the prosecutor,) shall be
discharged by the state,

Expenses incurred for guards, or on account of insufficient
jail, to be chargeable to the county,

Expenses of removing prisoners on change of venue, to be paid
by the state, on judge's certificate,

Expenses of apprehending fugitives from justice, to be allowed
by the judge, and on his certificate, paid by the state,
Compensation of state witnesses, to be paid by the defendant,
on conviction.

If not convicted or unable to pay, and prosecutor not taxed
with costs, to be paid by the county treasurer, on certificate
of the clerk,

COTTON BALES

Fraud in packing, how punished,.

Commanders of boats liable for injury to cotton bales, by means
of cotton-hooks or otherwise,

COTTON-GINS.

223

344

345

ib.

ib.

452

ib.

112

79

97

Not to suffer cotton seed to fall into any stream, except,
Gins to be enclosed so as to exclude hogs,

Owners to mark initials of their names and residence on cotton

ib.

bales,

Owners to enclose or destroy the cotton seed,

COTTON RECEIPTS-See "Notes, Bills, Bonds," &c.

COUNSEL-See "Attorneys."

Penalty for appearing as counsel without being licensed,
Every one may prosecute or defend his own suit,

Every one accused and indicted shall be allowed to make full
defence by counsel,

43

XXXI

114, 119

Court, on prisoner's request, shall assign him counsel, not ex-
ceeding two,

Owners of slaves to employ, or court to assign counsel,
Counsel shall be assigned poor persons in civil suits, free of

Counterfeiting baker's mark, how punished,

Counterfeiting hawker's or pedler's license, how punished,

COUNTIES.

Constitutional provisions respecting, .

In division or formation of counties, unfinished business to be
transferred to the proper court,

119

124

342-3

105

353

409

98

284

COUNTIES-Continued.

In division of counties, strays to belong to the county in which
taken up,

Jurisdiction of counties to extend over watercourses on their mar-

gin, not included in any county,

Criminal jurisdiction of the courts of certain counties extended
over the Indian lands-See "Indian Territory."

COUNTY BUILDINGS.

Court-house, jail, pillory, whipping-post, and stocks, to be
vided in each county,

Jail to be erected before any other county building,

Plan and materials of jail, &c. to be determined by county court,
County court may purchase, or accept a donation of a lot of
land, for the erection of county buildings,

Two commissioners to superintend county buildings, to be ap-
pointed in each county,

402

442

pro-

98

99

COUNTY COURTS-SeeCourts."

County court to make appropriations for necessary repairs, &c.

Sheriff to have charge of court-house, and report its situation
annually,

ib.

ib.

COUNTY SURVEYOR-See "Surveyors."
COUNTY TREASURER-See "Treasurers."

Expense of erecting county buildings to be defrayed by the
county,

Shall be held by three separate judges,
appointed chief justice,

COURTS.

Judicial power of the state vested in supreme, circuit, and infe-
rior courts,

Courts shall be open, and justice administered without sale, de-
nial, or delay,

SUPREME COURT-See "Errors and Appeals."
Its jurisdiction and the powers of the judges,

236

237

237, 238

Judges shall file their opinions in writing, within ten days after
they are delivered,

Shall establish rules of proceeding and practice in the su
preme court, and all the other courts of record,
Shall establish rules respecting the issuance, return, and hear-
ing of writs of error,

Shall sit until the business is disposed of,

ib.

How adjourned for want of a quorum,
Shall be held at the seat of government,

on the first Monday in January and June each

239

year,

May hold adjourned terms by consent of counsel, .
Sheriff of county where held, to be sheriff of supreme court,
Reports of its decisions, how printed, published, and distri-

ib.

388

Circuit shall contain not less than three, nor more than six coun-
ties,

240

One judge to be appointed for each circuit, who shall reside in
his circuit,

Causes to be removed into, from county court, in certain cases,
To be held in each county at least twice a year,
State divided into eight judicial circuits,