MILITIA-Continued.

WITNESSES.

May be summoned by courts-martial,
Summons to be served by sheriff,

MILLERS AND MILLS.

All water grist-mills that grind for toll, to be deemed public,
Mill not to be erected so as to overflow another mill, or create a
nuisance,

318

ib.

324

ib.

How to obtain license to build a mill, when the applicant owns

Appeals to lie to the circuit court,

ib.

Mills must be commenced in one year, and finished in three
years after license granted,

May receive one-eighth as toll,

ib.

Penalty for violation of the law,

Millers may grind their own grain at any time,

MINORS See County Court," and "Guardians."

May sue by their next friend,

Not affected by the statutes of limitations,

MISDEMEANORS-See "Crimes and Misdemeanors."

MISNOMER.

Of university of Alabama, not to defeat grant or bequest, if inten-
tion of grantor, &c., sufficiently appear,

MISPRISION.

Of felony, how punished,

105

Of clerk, in calculating interest, making up record, or entering
judgment, how remedied,

266

MISUSER.

Of corporate privileges of University of Alabama, not to cause
forfeiture,

429

MONUMENTS.

Penalty for injuring or defacing,

104

MORTGAGE.

Mortgagee required to enter satisfaction, on receiving full pay-
ment,

Shall be recorded in the county to which the property is re-
moved,

MOTIONS.

In arrest of judgment to be argued within last three days of the

94

207-8

term,

264

Court shall each term hear and determine motions for dissolu-
tion of injunctions,

277-8

By obligor sued separately against his co-obligor,

268

By security against principal for money paid on judgment, and
execution,

384-5

By security against principal, when sued alone,

386

By security against co-security, for proportionable share, prin-
cipal being insolvent,

385

By security or endorser in State Bank, or branch, paying after
protest for non-payment, against principal, drawer, acceptor,
or previous endorser,

386

By judge of county court against county treasurer, for not sct-
tling annually,

By claimant against county treasurer, for not paying claims due,
there being sufficient funds,

By holder of bank-note, against bank refusing payment,
How made at the suit of the State Bank,

AGAINST OFFICERS.

426

ib.

55

61, 62, 65

On trial of motion against an officer, if receipt of money does
not appear by any paper on file, the issue shall be tried by a
jury,
Judgment for principal, interest, and damages, in such case,
Against attorneys for failing to pay over money,
Against sheriff for not refunding surplus of sales,

for not returning money after judgment is en-
joined,

for not marking on execution the time when re-
ceived,

272

ib.

44

162

ib.

166

for failing to return writ or execution, 164, 173, 175,

227

257-258

for not paying to creditors proceeds of estate of
insolvent debtors,

for not returning execution for costs from su-
preme court, or not paying costs collected,
for not certifying forfeiture of forthcoming bond, 171-2

By sheriff against obligor and securities in an indemnity bond,
against deputy sheriff and his securities,

Against clerks for not issuing executions for fines, and certifying

Against constables, for failing to return execution,

for failing to pay money collected,

for failing to make money when practicable,
for making a false return,

Against justices of the peace, for not paying over the money re-

Of slave, punished as though he were a free white person,

MUTE.

102

391

Prisoner standing mute, plea of not guilty to be entered,
Witnesses refusing to testify, shall be committed until they an-

NAMES.

Persons may change their names, or names of illegitimate chil-
dren, by filing a written declaration with the clerk of the
county court,

NAVIGABLE STREAMS-See "Water-Courses."

Defendant shall be discharged, on giving security,

Judge shall endorse sum and number of securities required,
May issue on an equitable claim,

May be dissolved at next term after granted, for good cause
shown,
NEGOTIABLE PAPER-See "Assignment," and "Notes," &c.
NEGROES-See " Slaves," and "Free Negroes," &c.

NEXT FRIEND.

Infants may sue by,

NEW TRIAL-See

66

Trials."

Only two to be granted in the same cause,

77, 78.

286

288

286

ib

288

ib.

279

283

NON COMPOS MENTIS-See "County Court," and "Guardians."
NON EST FACTUM.

Not to be pleaded except on oath,

NONRESIDENTS.

Lands of, not to be taxed higher than those of residents,

Nonresident defendants in chancery, how notified,

Duties of nonresidents, importing goods,

NONSUIT.

See "Attachments, original."

53, 276, 283

408

289

420

Plaintiff shall be nonsuited, who brings suit for a sum under
the jurisdiction of the court,

269

Exceptions,

ib.

Nonsuit, how avoided by affidavit,

ib.

Plaintiff must suffer nonsuit before the jury retire from the bar,
Two nonsuits equivalent to verdict against plaintiff,

283

ib.

nonuser,

NON USER.

Corporate privileges of University of Alabama, not forfeited by

NOTARIAL PROTESTS.

429

Setting forth a demand, refusal and notice, to be evidence of the
facts it purports to contain,

May take proofs or acknowledgments of mercantile intruments,
&c. and make declarations of their official acts,

ib.

Shall keep registers of official acts, and give copies,

ib.

In case of death, notary's register, to be deposited with clerk
of county court,

ib.

Shall provide a notarial seal,

ib.

If there be no notary, or he is absent, any justice may perform
his duties,

327

.

Their fees,

189

NOTES, BILLS, BONDS, &c.

Cotton receipts construed payable to person to whom given,
May be assigned,

327

ib.

NOTES, BILLS, BONDS, &c.—Continued.
Payable in four months, if no time is specified,

327

Payee of bill may sue drawee after acceptance, but not drawer
before protest and notice,

328

330

328

329

Notice of nonpayment required only on bills and notes payable
in bank,
Damages on protest of inland bill for nonacceptance or nonpay-
ment, ten per cent.,

on foreign bills for nonpayment, ten per cent.,
on foreign bills for nonacceptance, if in the United
States, fifteen per cent.; out of the United States,
twenty per cent.,

on bills purchased by the bank where drawer, and
drawee reside in the state, &c. five per cent.,

What shall be deemed inland, and what foreign bills,
All bonds, &c. assignable by endorsement,

Assignee may maintain any action payee could, subject
off-sets due before notice of assignment,

Assignee may sue endorser,

328

329

330

328, 330

to

330

ib.

329

ib.

Act regulating negotiability of instruments explained,
Assignee shall sue makers to first court, or endorser discharged,
Lost bills, bonds, &c. how sued on,

Security or endorser in state bank, or branch, paying after pro-
test for nonpayment, entitled to the bank's remedy by mo-
tion,
On sums not exceeding fifty dollars, assignee shall sue maker
within thirty days after assignment or maturity, or five days
after notice to sue given by endorser, or endorser discharged,
On return of "no property" on fi. fa., endorsee may sue en-
dorser,

Return to be evidence of maker's insolvency,

Bonds, &c. relating to accounts between the state and an indivi-
dual, if lost or mislaid, may be proved in court,

386

330

ib.

ib.

198

Remedy of the holder of a bank bill or note,

55

NOTICE.

Notice to the attorney of record valid,

May be served by the sheriff,

In what newspapers notices may be published by tax-collectors
and others,

280

ib.

415

On bills, and on notes and bonds, payable in bank, regulated by
the law merchant,

329, 330

NOVEL QUESTIONS.

Novel and difficult questions in criminal cases, may be referred
to the supreme court,

OATHS-Continued.

May be administered by any justice of the peace,
Penalty on public officers failing to take the oath,
Persons scrupulous of swearing may affirm,

Oath of governor to be administered by speaker of house of re-
presentatives,

Members and officers of the general assembly how sworn,

All public officers and attorneys at law to take an oath against

duelling,

OBSTRUCTING PROCESS.

How punished,

OBSTRUCTING NAVIGABLE STREAMS.

OIL.

Penalty for,

Frauds in sale of prohibited, and inspection regulated,
ONUS PROBANDI-See "Evidence.

OPINIONS.

Judges of supreme and circuit court, shall on material points,
file their opinions in writing within ten days after delivered,
'On writ of error, circuit court clerk shall certify judge's opinion
as part of the record,
Attorney-general shall give his opinion if requested, to governor,
comptroller, or treasurer, respecting their official duties,

ORDERS, FOR PAYMENT OF MONEY- -See "Notes," &c.
ORDERS, MILITARY-See "Militia."

ORPHANS-See "County Court," "Guardians," and "Poor."
OUTLYING SLAVES.

How dealt with by justice and patrols,
Reward for apprehending,

OVERSEERS, OF ROADS.-See "Roads."

OF THE POOR-See " Poor."

PAPERS-See "Trials."

PAPER BILLS OF CREDIT.

Larceny and robbery of, how punished,

PARDONS.

May be granted by the governor except in cases of treason and

238

ib.

46

393--4

394

103

201, 219

impeachment,
PARTIES TO SUITS-See "Abatement," "Joint Obligors," and

66 'Partners."

PARTIAL PAYMENTS-See "Interest."
PARTITION, OF REAL ESTATE.

How made between coparceners, joint tenants, and tenants in

common,

332 to 336

129

On death of one joint tenant before severance, his interest shall
descend to the heirs or representatives,

OF ESTATES-See "Descents" and "Estates."
PARTITION FENCES-See "Fences."
PARTNERS.

One or more members of a firm may be sued separately, .
In suits against a firm, service of process on one, equivalent to
service on all,

Suit may be discontinued against such of the defendants as ap-
pear not to be partners,

Penalty on persons of color for writing pass or free-paper for
slave,

397

PASS.

Slaves not to go from home without a pass,