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. 187-8

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Of officers in forcible entry and detainer,'
Of county surveyor, by whom paid, .

...
.

FEES Continued.
Of clerk of the circuit court,

184-5-6
Of clerk of the county court,

. 90, 186-7
Of sheriffs, .
For serving process in the Creek nation,

224
For serving notices, .

280
Of coroner, .

189
Of judge of the county court, .

ib.
Of notaries public, .
Of counsellors and attorneys at law,

189-190, 257
of the attorney-general and solicitors,

46, 190, 213
Of justices of the peace,

191-2
Of constables,

192-3

206
Of secretary of state,

384

403
Of juror3,

297
Or talesmen detained more than one day on the same issue, · 298
Of witnesses, . . . . . . 451, 452
Of successful party in the supreme court, . . . 257
Fees shall be taxed in the bill of costs, . . . 190
Clerks and sheriffs shall keep fee books, .

ib.
Officer claiming fees shall render an account in writing,. ib.
Penalty for taking sees unlawfully, ..

191, 193
Clerks may issue executions for fees with the bill thereof

annexed, .
No commissions allowed on the collection of fees, .
Not to be taken unless expressly allowed by law,
Clerks shall keep a list of clerks' and sheriffs' fees posted

up in their offices, and shall not receive fees for services

during failure, .
But one copy of any matter, and one attorney's fee to be

charged in the bill of costs, ..
Parties, for copies of their own papers, shall not be allowed 10

charge the opposite party, _ ... ... . . .
FELONS AT LARGE-See “Fugitives."
FEMES COVERT—See “ Conveyances," and "Dower.”
FENCES.

What deemed lawful, .
Penalty when cattle break through lawful fence,
Lawfulness of fence how proved,
Partition fences to be maintained at the mutual charge of per-

sons whose lands they divide, ,
Remedy where either party refuses to assist in repairing, .
What shall be a lawful enclosure by dykes, dams, palisadoes,
&c.

.
.
.
.

ib.
Penalty for throwing down or destroying fences, gate, &c.

New roads not to be run through, while crop is growing, . 362
FERRIES.

County court may impose penalties for violating privilege of
ferry,

357-8
Public ferries to be licensed by the county court, . . 363
Court shall fix rates of ferriage, ..
Shall require applicant for ferry to give bond,
How established when applicant owns land on both sides of the

river, .

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196

FERRIES—Continued.

Not to be established within less than two miles by water of a .

ferry already established, unless within two miles of a town, 363-4.
May be established on sixteenth section, whenever the trustees
think proper, ..

364
Owners of ferries how made liable for breach of bond, detention

of passengers, &c.
Penalty for establishing a ferry without license,
Penalty for taking unlawful toll,

Court may establish serries to be kept during high water only,
FINANCIAL DEPARTMENT.

No money to be drawn from the treasury but in consequence

of an appropriation by law, .
Warrants not io be issued until after provision made,
Accounts how audited and kept, and warrants how issued by

comptroller, . . . . . 195, 196
Treasurer shall not pay out or receive money, except on the

comptroller's warrant,
Comptroller shall number all warrants for payment of money

progressively from the commencement to the end of the
year, . .

. . . .
Treasurer not to pay warrants unless issued agreeably to law,
Comptroller shall render to treasurer monthly an account of

warrants issued, . . . . . . .
Comptroller shall settle all accounts of one year's standing,

and publish the defaulters, . .
Defaulters' salaries and commissions to be retained and credited

annually, or the sums with which they stand charged, .
Comptroller shall report annually the disbursements from the
contingent fund, . .

.
Shall annually furnish clerks of county courts, and tax-collec-

tors, with certified copies of the revenue laws, . .
Comptroller's and treasurer's office shall be examined annually,

by a joint committee of the general assembly,
Annual reports of comptroller and treasurer to be made up to
1st November, ..

· . . ib.
Mode of collecting inoney due the state,

. 197-8-9
FINES-See “ Penalties.”
Excessive, not to be imposed,

. 115
· How collected and accounted for,

199 to 201
What kind of money receivable,

. 200 (and nole)
To be assessed by a jury,

199
On plea of guilty, jury to be empannelled to assess fine, . ib.
Court may discharge prisoners unable to pay fines iinposed,
Persons fined may take the benefit of the act for the relief of

insolvent debtors,
Clerks shall issue executions for fines unpaid at the rising of the

court, and certify abstract to the county treasurer in one
month thereafter-penalty for failure,

.
Clerks shall account for taxes due on law process by the first

day of May and November annually-penalty for not ac-

counting,
Shall furnish treasurers with abstracts of the records of fines and

amercements annually-penalty for failure,.
Proccedings against justices holding fines,
Circuit court empowered to give judgment against defaulters,

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FORCIBLE ENTRY AND DETAINER_Conlinued.

Penalty on defaulting jurors and witnesses, .
No writ of restitution to be issued for the plaintiff until twenty

days after judgment, .
FORFEITURES–See “ Fines,” and “ Penalties.”
FORGERY.
Punishment of,

108--9
In relation to the acknowledgment, &c. of deeds, how punished, 93
Of hawker's and pedler's license, how punished,
Shall disqualify from office, voting, &c. . . .

. 129
FORNICATION.
Penalty for living in, .

: . 108
FORTHCOMING BONDS–See “ Executions and Bonds.
FRAUDS.
Exhibiting false sample of cotton, .

. 112
Fraud in baling cotton, .

ib.
In the sale or packing of sugar,
In the sale of adulterated oils,

332
FRAUDS AND PERJURIES.
Statute of, .

206
FRAUDULENT COMBINATIONS.
In sales of the public lands,

. . . .
FRAUDULENT CONVEYANCES.

To be void against those whose debts or interests may be affect-

ed by them, .
Conveyances not founded on a valuable consideration, to be
deemed fraudulent, unless acknowledged or proved, and re-
corded within twelve months, or accompanied by a transfer

of possession, . . . .
Three years' possession to be evidence of title as to creditors and

purchasers, unless under a deed proved and recorded, .
Mortgaged or trust property removed to another county, liable

for bolder's debts contracted after removal, unless deed be re-

corded in six months,
When brought into the state, deed to be recorded in twelve
months, under same responsibility, ..

208
Deeds of trust void against subsequent creditors and purchasers

without notice, unless recorded, of lands in sixty, and per-

sonal property in thirty days, .
Right of property how tried, in supposed fraudulent convey-
ance, .

167
Deeds valid and operative from the dates of their registration,
and between the contracting parties, at all times,

208
Act explanatory of the foregoing laws, . . . 209
FREEDOM.
Suits for, how commenced and prosecuted,

395
How it may be forfeited by free persons of color,

396-7
FREEHOLDERS.

Their privileges in suits at law-See “ Bail,” and “ Venue."
Freeholders only competent as jurors to try the title of land, 296

Who deemed freeholders for this purpose, .
FREE PERSONS OF COLOR—See “Slaves," &c. and “Crimes

and Misdemeanors by Persons of Color.”
Not to retail spirituous liquors, . . . . 396
Not to be licensed to retail,

407
Penalty for retailing, and for a repetition of the offence,

396

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297

FREE PERSONS OF COLOR-Continued.

Penalty for settling in the state after 1st of February, 1832, and

not removing, .
Penalty for writing pass or free-paper for slave, .
Penalty for trading with slave without written permission from

the owner, . .
Penalty for being found in company with slave, without owner's

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Not to preach to, or exhort slaves, &c. except in presence of

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124

five respectable slave-holders,
Penalty,
For offences above petit larceny, to be tried by judge of county

court, and two justices of the peace,
FRIVOLOUS PLEAVING–See “Demurrers," and "Pleadings."
FUGITIVES, FROM JUSTICE.

Flying from one county to another, justices to endorse warrants

of other justices issued for their apprehension, &c. .
Governor may offer rewards for fugitives charged with capital

offences,
From other states, may be arrested and delivered up, on demand

of the executive,
Governor may demand criminals escaping from this to another

state, . . . . . . . 118
GAMING.

All contracts founded on gaming consideration void, . 209
Court of equity shall have jurisdiction of gaming contracts, 286
Penalty for betting on event of election,

109
Games declared unlawful and penalty for betting thereon, 209 to 213
Keeping gaming-tables, how punished,

210, 212
Judges and justices may call out the militia to enforce the laws

against gaming, .
Penalty on tavern-keepers for keeping gaming-tables, or permit-
ing gaming, . . .

.

.
.

405
GARNISHMENT.

On return of execution “no property found," or on rendition of

judgment, plaintiff making affidavit, may have summons for

garnishees, . . . . . .
Garnishees summoned shall be proceeded against as garnishees

in original attachments,
Affidavit inay be made before the clerk, who shall issue the
summons, . : :

: ...
Justice issuing summons for garnishee, may make it returnable

on a day certain, not less than ten nor more than thirty days,
Where to be directed by the justice and how executed,

295
Garnishees liable for costs, only after summons and default, 214
GARNISHEE IN ATTACHMENTS–See “ Attachments.”
GENERAL ASSEMBLY.
Constitutional provisions respecting, .

214 to 216
Election of members,

138 to 142
Governor to issue writs of election to fill vacancies,. . 142
Shall expel members for bribery,

139
Shall convene at Tuscaloosa, on the third monday in November,
annually, . .

216
Members shall be sworn by secretary of state, comptroller, or
treasurer, .

331
Elections by, how conducted, . .

. 216
Members shall vote viva voce,
Compensation of officers and members, . . . 217

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