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218, 219

219

GENERAL ASSEMBLY_Continued.

Compensation shall be certified by the presiding officer, .
Secretary of state shall preserve all records and papers belonging
the general assembly,

. .
Chairman of enrolling committee, shall preserve the engrossed

copies of bills and resolutions passed, and file them with the

secretary of state,
Clerk of house of representatives, and secretary of the senate

shall assort, arrange, and label all papers relating to unfinished

business, and file them with the secretary of state, , 217-218
Secretary of state shall certify receipt of papers from the clerks,

preserve the papers so filed, and give copies when required, 218
Stationary for general assembly shall be procured by secretary

of state, .
GIN-HOLDERS-See Cotton Gins."
GOATS-See “Larceny,” and “Marks and Brands."
GOODS.

Duty of nonresident importers, and of owners and consignees of
vessels arriving at Mobile, before sale of goods,

420, 421
Duty of commanders of boats, barges, &c. in landing goods,

79
Damages to goods landed at the port of Mobile, how assessed, ib.
GOVERNOR.

His duties and powers by the constitution, .
Oath to, how administered, .
Shall reside at the seat of government,
His salary,

368
May offer rewards for fugitives from justice charged with capi-

tal crimes, and demand selons escaping to another state, 117–118
May grant pardons and reprieves, and remit fines and forfei-
tures,

. 201,219
Shall cause to be procured and distributed copies of the acts of
congress,

.

. 304
His duty in preventing the spread of contagious diseases, : 352
Shall fill vacancies in sheriff's office,

:. 387-8
Shall direct comptroller to notify tax-collectors when bank re-

fuses specie payment, .
To be president ex officio of the board of trustees of the Univer:

sity of Alabama, . . . . . . ***
GRACE, DAYS OF.

On bills of exchange, and on notes and other instruments paya-

ble in bank, governed by the law merchant, . : 329, 330
Not allowed between assignee and maker, or assignee and as-

signor, except on bills of exchange and notes payable in bank, 330
GRAND JURIES-See “ Jury."

To be empannelled at each term of the circuit court,
GRANTS.

By the state how made, and patents where to be recorded, 95-6
GUARDIANS.

Of the orphans and children of poor persons, See “ Poor."
To be appointed by the judge of the county court, 182, 220, 249, 250,251
County court shall appoint guardians for bastards, .
May be appointed and displaced in open court or in vacation, 201
May be displaced for any sufficient cause, on citation fourteen

days before hand, .
Letters of guardianship how issued and tested,
Shall give bond,

177, 220, 250
Bonds to be made payable to the judge of the county court and

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77

his successors,

177, 249

GUARDIANS—Continued.
May be required to give further security,

. 178, 220
Minors over 14 years of age may choose their own guardians, 220
Fathers may devise the custody and tuition of their infant
children, . .

wan:. .. :
In such cases guardian shall declare acceptance in open court,

221-2
give bond, &c.

222
Guardians by devise failing to accept for six months, may be

cited to declare acceptance or renunciation,
County court shall audit their accounts, and report them for al-
lowance to next term,

182, 249
Not required to plead specially, . . . . 184
Not to take estate at its appraised value, .
How to obtain order of sale of personal estate, and mode of sell-
ing it, . .

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182, 249

180

For what causes guardians may be displaced,

... 198,220

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221

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May resign, .

179
Documents relating to settlement with county court, to be re-

corded and preserved by the clerk, . . . 252
Decree of orphans' court on final seulement of guardians, shall

have effect of a judgment, and ward may take out execution,
Guardians shall return inventory of ward's estate within three

months after appointment, and account annually, or oftener if

required, .'
Failing to appear and settle their accounts when cited, may be
attached, . .

183
Accounts approved by the county court shall be recorded,
Court may order sale of ward's lands, when personal estate is

inadequate to his maintenance,
Also in cases of idiots, ..
Empowered by court to sell lands, shall, before sale, give bond
to sell according to law, and account for the proceeds,

181
Sale how conducted, and the report thereof,

221
Guardian's deed to vest ward's title in the purchaser,

ib.
Appointment of guardians for idiots and lunatics, . , 221, 250
Inquisition of idiotcy, lunacy, &c. how made, . . 250
May be ordered in vacation,
Duiy of the guardians of idiots, &c. . .

221, 250
Idiots &c. becoming sane, may resume their estates,

Guardians ad litem, on petition for sale of minor's real estate, 181
GUARDS-See “Prisoners."
HABEAS CORPUS—See “ Prisoners."

Privilege of the writ not to be suspended except in cases of re-
bellion or invasion,

. . . . 115
HABERE FACIAS POSSESSIONEM, WRIT OF.

In forcible entry and detainer before justice of the peace, not to
issue until twenty days after judgment,

206
May issue in favor of heirs, against executors, &c. on decree of
distribution of real estate, .

252
In ejectment, not to issue until growing crop is gathered, if de-
sendant will give bond for rent,

265
Shall issue in trespass to try titles, .

. . ib.
In certain real and possessory actions, not to issue until improve-
ments are paid for,

. 279-280
After change of venue, to be issued by clerk of the court where
the suit is decided, .

285

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HABERE FACIAS POSSESSIONEM, WRIT OF-Continued.

May be awarded in chancery, on decree of specific performance, 287
HALF-BLOOD,

Not distinguished from the whole blood, except in equal degree, 129
HARBORING.

Felons or thieves, how punished, . . . . 103
Horse or mule-stealer, . . . . . 103-4
Harboring negro, .
Harboring slave charged with a capital crime,
Harboring seamen, (deserters,) .
Harboring idle persons of suspicious character more than twen-
ty-four hours at one time, .

439
HAWKERS AND PEDLERS.

License to, and how issued, . . . 409 (note.)
License fifty dollars in each county, .

409, 411
Penalty for trading without license,

409
Sheriffs, constables, and justices, shall demand v
Penalty for refusing to exhibit license,
Penalty for counterfeiting or forging license,

. ib. (note.)
Law against hawkers and pedlers not to extend to sales at fairs

or public markets, . . . . . ib. (note.)
HEALTH, PUBLIC.
Penalty for introducing or spreading small-pox, .

352
Governor to take measures against the spread of contagious dis-

eases, and provide for those diseased, .
Under what restrictions persons may be inoculated for the small-

pox, .
Persons having had small-pox, not to go at large without phy-

sician's certificate of recovery, . . . .
Penalty for selling unwholesome provisions or liquors, .
Penalty on tavern-keepers for selling adulterated liquors, .
Bakers not to sell bread, unless marked with their names, . 353
Bakers to have their marks recorded, .

Penalty for counterfeiting baker's mark, . . . ib.
HIGHWAYS-See“ Roads," &c.

All navigable waters to remain public highways, free to all citi.
zens of the United States, without toll, .

.

. 4+1
Streams reported navigable by United States' surveyor, to
remain free and open, .

442
HOGS–See “Larceny," and “Marks and Brands."
Under what restrictions hogs may be kept by slaves, . .

394
HORSE-STEALING-See “ Larceny,” and “Accessories.”
HOMICIDE—See “Manslaughter,” and “Murder.”
HOTCHPOT.

Heirs claiming distribution, shall bring estate received by way of

advanceinent into hotchpot, . . . . 13

Value of such property, how ascertained, . . . ib.
HUNTING, UNLAWFUL—See “Fire-hunting.”
HUSH-MONEY_See “ Fraudulent Combinations."
IDIOTS_See “Guardians,” and “ County Court."
IMMORALITY—See “ Vice and Immorality."
IMPEACHMENTS-Con. Ala. Art. 5.
IMPORTERS, OF GOOD—See “Goods,” and “Taxes."

OF SLAVES-See “ Slave-Trade.”
IMPROVEMENTS.

In certain real and possessory actions, shall be paid for by the
plaintiff recovering,

. 279-280

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IMPROVEMENTS—Continued.

Claimant under United States, or a Spanish grant, being dis-

possessed, shall recover the value of improvements, with dou-
ble damages and costs, .

280
Contracts for Indian improvements or claims, how authenti-
cated, . .

225
Destroying or removing inprovements on university lands, how
· punished,

436
But settlers may remove mill-works, unless purchased by
trustees,

372
Improvements on United Siates' lands may be sold, and the price
recovered,

. . . .
INCENDIARY PUBLICATIONS

"
Publishing or distributing papers tending to produce conspiracy,

insurrection, or rebellion among slaves, punished with death,
INCORPORATED TOWNS.

Warrants for breach of the by-laws of an incorporated town,

may be made returnable immediately, ..

Officers of, shall appoint overseers of streets, . . : 358
INDEMNIFYING BONDS–See “Executions—Right of Property."
INDEX BOARDS–See “Roads."
INDIANS.

No tax or militia duty imposed on Indians by the annexation of

their territory to certain counties,
Shall have the privilege of perpetuating testimony, recording

wiils, bills of sale, and conveyances, with the iestimony of

Indians or their descendants, .
Usages contrary to the constitution and laws of the state abolish-
ed,

. . .

222

Penalty for making laws contrary to the constitution and laws
Penalty for attempting to prevent chiefs or other Indians, meet-

ing United States' agent, &c.
On suits against Indians, the consideration shall be proved by

two creditable witnesses,
Penalty for confiscating the estate of an Indian who shall enrol

for emigration, .
Contracts for Indian possessions by white men, how made and
attested,

.
INDIAN TERRITORY.

. . . .
Territory annexed to Morgan county, . . . .

to St. Clair County, .

to Autauga county, .
St. Clair and Shelby courts made concurrent with that of Au-
tauga,

St. Clair extended, '.'.'.'.
Shelby extended, .
Montgomery extended, . . .

Pike extended, .
Civil and criminal jurisdiction of the state extended over all In-

dian territory within its limits, .
While persons on Indian territory governed by the same laws
as other whites,

. . . . .
INDICTMENTS.

Indictable offences not to be proceeded against criminally by

information,

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115

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121

INDICTMENTS—Continued.

Indictments to be preferred within the first three days of the
term,

118
Prosecutor's name to be indorsed,

. 123
For perjury and subornation of perjury, how framed, . 118
For gaming under act of 1828, how framed,

213
Copy of indictment to be furnished the accused in capital cases

two entire days before trial, . . . . 119
May be preferred in the county where the death happens,

although cause of death occurred elsewhere, .
Where to lie, if blow, &c. given in the state and death occur out

of it, and vise versa,
Where to lie for larceny of goods stolen out of the state,
Legal error not to bar a second trial, . . .
Indictments to lie in all cases where presentments will,
Need not contain the words “force and arms" “ against the
peace,” or “contrary to the form of statute,”

120
Indictment shall be the mode of proceeding against public offi-
cers, where the law prescribes no specific remedy,

354
On plea of guilty, jury to be empannelled to assess the fine, 199
INDORSERS.
May be sued by indorsee,

329
Shall be discharged if indorsee does not sue maker to first court,
when the sum is over $50, . . .

330
Shall be discharged when sum or balance does not exceed $50,

unless indorsee sues maker within thirty days after assign-
ment or maturity of instrument, or within five days after

notice to sue given by the indorser, . .
On return of “no property" on execution against the maker,

suit may be commenced against the indorser, and return to

be evidence of insolvency, . .
Indorser, in Bank of the State or any of its branches, paying

after protest for nonpayment, entitled to the bank's remedy

against the previous parties, .
Motion may be made in the county where the defendant

resides, or that in which the bank is located,
INFANTS–See “ County Court,” “Guardians," and “Minors."
INFANTRY—See “Militia."
IN FORMA PAUPERIS.

Poor persons shall be allowed to sue in forma pauperis, . 342-3
INHERITANCE-See “ Descents."
INJUNCTIONS.
May be issued by the judges of the supreme court,

237, 238
by the judges of the circuit court,

286
May lie on judgments at law, on gaming contracts,
Bills for injunctions must be sworn to,

288
Party obtaining injunction, shall have his money refunded by
the sheriff,

: 162
His remedy against the sheriff for failure,

ib.
Court shalí hear motions each term for dissolution of injunc-
tions,

277-8
Injunctions may for good cause, be dissolved, at next term

after granted,
Party applying for an injunction, shall file a release of errors, .. 291
On interlocutory order, dissolving injunction, and setting the

bill for a hearing, defendant shall give a refunding bond, be-
fore receiving the money,

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