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
written permission,

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

demand criminals escaping from this to another

All contracts founded on gaming consideration void,

Court of equity shall have jurisdiction of gaming contracts,
Penalty for betting on event of election,

396

397

ib.

ib.

398

ib.

124

117

ib.

ib.

118

209

286

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

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 may be made before the clerk, who shall issue the

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,
Garnishees liable for costs, only after summons and default,
GARNISHEE IN ATTACHMENTS-See "Attachments."
GENERAL ASSEMBLY.

Constitutional provisions respecting,

Election of members,

Governor to issue writs of election to fill vacancies,

Shall expel members for bribery,

Shall convene at Tuscaloosa, on the third monday in November,

annually,

216

Members shall be sworn by secretary of state, comptroller, or

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,
Secretary of state shall certify receipt of papers from the clerks,
preserve the papers so filed, and give copies when required,
Stationary for general assembly shall be procured by secretary
of state,

GIN-HOLDERS-See "Cotton Gins."

GOATS See "Larceny," and "Marks and Brands."
GOODS.

217

ib.

ib.

. 217-218

218

ib.

420, 421

Duty of nonresident importers, and of owners and consignees of
vessels arriving at Mobile, before sale of goods,
Duty of commanders of boats, barges, &c. in landing goods,
Damages to goods landed at the port of Mobile, how assessed,

GOVERNOR.

79

ib.

218,219

331

219

368

117-118

May offer rewards for fugitives from justice charged with capi-
tal crimes, and demand felons escaping to another state,
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,

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

304

352

387-8

To be president ex officio of the board of trustees of the Univer-
sity of Alabama,

Shall direct comptroller to notify tax-collectors when bank re-
fuses specie payment,

On bills of exchange, and on notes and other instruments paya-
ble in bank, governed by the law merchant,
Not allowed between assignee and maker, or assignee and as-
signor, except on bills of exchange and notes payable in bank,

GRAND JURIES-See "Jury."

To be empannelled at each term of the circuit court,

329, 330

330

243

95-6

GRANTS.

By the state how made, and patents where to be recorded,
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,

Letters of guardianship how issued and tested,

Bonds to be made payable to the judge of the county court and

his successors,

May be appointed and displaced in open court or in vacation,
May be displaced for any sufficient cause, on citation fourteen
days before hand,

251

220

249

177, 220, 250

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,

In such cases guardian shall declare acceptance in open court,
give bond, &c.

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,

Not required to plead specially,

Not to take estate at its appraised value,

221-2

222

ib.

182, 249
184

How to obtain order of sale of personal estate, and mode of sell-

For what causes guardians may be displaced,
May resign,

180

ib.

178,220

179

Documents relating to settlement with county court, to be re-
corded and preserved by the clerk,

Decree of orphans' court on final settlement 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,

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,

Sale how conducted, and the report thereof,

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

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

Guardians ad litem, on petition for sale of minor's real estate,

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-
fendant will give bond for rent,

265

ments are paid for,

Shall issue in trespass to try titles,

In certain real and possessory actions, not to issue until improve-

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

HABERE FACIAS POSSESSIONEM, WRIT OF-Continued.
May be awarded in chancery, on decree of specific performance,
HALF-BLOOD,

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

Felons or thieves, how punished,

Horse or mule-stealer,

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,

287

129

103

103-4

109

124

389

439

HAWKERS AND PEDLERS.

Sheriffs, constables, and justices, shall demand view of license,
Penalty for refusing to exhibit license,

ib.

ib.

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.)

pox,

HEALTH, PUblic.

Penalty for introducing or spreading small-pox,
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-

Persons having had small-pox, not to go at large without phy-
sician's certificate of recovery,

352

ib.

ib.

ib.

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,
Bakers to have their marks recorded,

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

Streams reported navigable by United States' surveyor, to

Under what restrictions hogs may be kept by slaves,

remain free and open,

HOGS-See "Larceny," and "Marks and Brands."

HORSE-STEALING-See " Larceny," and "Accessories."
HOMICIDE-See "Manslaughter," and "Murder."

HOTCHPOT.

Heirs claiming distribution, shall bring estate received by way of
advancement into hotchpot,

Value of such property, how ascertained,

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 GOODS-See "Goods," and "Taxes."
OF SLAVES-See "Slave-Trade."

IMPROVEMENTS.

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

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,

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

Destroying or removing improvements on university lands, how
punished,

But settlers may remove mill-works, unless purchased by the

trustees,

Improvements on United States' 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,

372

111

Officers of, shall appoint overseers of streets,
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
wills, bills of sale, and conveyances, with the testimony of
Indians or their descendants,

Usages contrary to the constitution and laws of the state abolish-
ed,

Penalty for making laws contrary to the constitution and laws

110

222

358

224

ib.

225

ib.

Penalty for attempting to prevent chiefs or other Indians, meet-
ing United States' agent, &c.

ib.

On suits against Indians, the consideration shall be proved by
two creditable witnesses,

ib.

Penalty for confiscating the estate of an Indian who shall enrol
for emigration,

Contracts for Indian possessions by white men, how made and

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,

224

White persons on Indian territory governed by the same laws
as other whites,

ib.

INDICTMENTS.

Indictable offences not to be proceeded against criminally by
information,

115