SECRETARY OF STATE.

To be elected by the general assembly for two years,
Shall keep a fair register of the official acts of the governor,
Shall keep the public records at the seat of government,
Penalty for detaining public records unlawfully,
Shall perform the duties of the territorial secretary,

Shall give certificates and transcripts under the seal of the state
-fees,

May certify transcripts of the laws of other states, and of the
United States,

Shall procure and distribute standard weights and measures,
His duty in the issuance of patents of the state,

Shall distribute surplus copies of the laws of the U. States,
Shall distribute copies of infantry tactics,
May swear members of the general assembly,

383

ib.

ib.

384

ib.

ib.

284

447

95

304

323

331

Shall furnish state printer with a copy of the acts and resolu-
tions of the general assembly in ten days after each session,
and of journals in twenty-five days thereafter,
Shall procure stationary for the general assembly and executive
departments,

His duty in relation to the records and papers of the general as-

His duties on returns of elections, amendments of the consti-
tution, &c.-See those titles.

SECURITIES.

In replevin bonds, if dissatisfied, may require collateral security,
and if not given, may take out execution against principal,
Replevin bonds, with collateral security, to have effect of judg
ment when due,

384

ib.

May have judgment on motion against principal, for money paid
on judgment and execution,

384-5

default of suit, security discharged,

Security of executor or administrator not liable beyond assets
for mispleading,

How to compel sheriff to levy on property of principal first,
May give written notice to holder of instrument to sue-and in

This law extended to executors and administrators mutually,
To what cases this law of notice does not extend,
Security sued alone, may notify principal, and have judgment
on motion, the same time it is rendered against him,
Security or endorsee in Bank of State of Alabama, paying after
protest for nonpayment, entitled to the bank's remedy,
Motion may be made in the county where the bank is located,
or where defendant resides,

Not to confess judgment if principal will appear and tender col-
lateral security,

May have judgment on motion against co-securities for their
shares, principal being insolvent,

Officers refusing to give new bond, office to be declared void,
Securities of judge of county court may, in like manner, apply

Limitation of actions against securities of public officers,
Security for costs-See "Costs."

On execution of new bond, securities discharged from future
liability,

On application of securities of public officers, judge of county
court may require new bond to be given,

387

ib.

ib.

ib.

272

SEDITIOUS PUBLICATIONS.

Penalty for publishing or circulating,

SENATORIAL DISTRICTS-See "Enumeration and Apportion-

ment."

SERVANTS-See "Poor."

Penalty on tavern-keepers for selling or furnishing them with.

liquor,

SERVICE, OF WRITS-See "Process."
SETTLERS-See" University Lands" and "Schools," &c.

SET-OFF.

Mutual debts of any description may be set off against each
other,

.

May be pleaded in bar, or given in evidence under the general
issue or notice of set-off,

A penalty intended to be set off, must be pleaded in bar, stating
what is justly due,

Lost instrument may be set off by plea on oath,
If the set-off is partial, plaintiff shall have judgment for the re-
sidue with costs,

If plaintiff's demand is merely cancelled, jury shall find for
defendant, and court enter in his favor judgment for costs,
When set-off exceeds the demand, jury shall find for defendant,
certify the excess, and court shall enter judgment for amount
so certified, and award execution,

110

405

281

ib.

ib.

329

281

ib.

ib.

In suit on assigned instrument, defendant to have benefit of all.
sets-off, possessed before notice of assignment,
Sets-off before justices of the peace, how regulated,
SHEEP-See "Marks and Brands," and "Larceny."
SHERIFFS.

Elected by the qualified electors for three years,

Not eligible to serve as principal or deputy for the next three

Vacancies to be filled by the governor until the next general
election,

ib.

When election for sheriff has not been holden at proper time,
governor shall issue writ of election,
Election how conducted in such case,

388

Office of sheriff being vacant, coroner may perform all his du-
ties,

388-9

389

Coroner to act as sheriff where sheriff is interested, and as
jailer when committed,

96

Sheriff' shall give bond, renewable annually if required, or office
vacated,

388

Shall keep their offices within one mile of the court-house,
Office vacated, if absent from the county four months,
Duties as peace officers, in taking recognizances, suppressing
riots, and apprehending felons,

100

ib.

117, 388

Shall attend all courts of record during term,

Shall execute all writs and process directed to them by legal

authority,

but not from justices, except in attachment and
forcible entry and detainer,

Shall summon three constables to attend the circuit court,
Sheriffs of the several counties to be sheriffs of the circuit courts
respectively,

388

203, (note), 293

388

243

388

Sheriff of county where supreme court is held, to be sheriff
thereof,

ib.

On judgment against sheriff for misconduct or neglect of deputy,
he may have judgment against deputy and securities, on mo-
tion,
Allowance to sheriffs for services by the county court,
Mode of proceeding against sheriffs for neglects and defaults-
See Executions," and "Motions."
SHIP-BUILDERS-See "Mechanics," and the following title.

SHIPS.

Ships and other enrolled craft liable for debts contracted for
work, materials, or supplies, in preference to other debts,
Vessel may be libelled for the debt,

Different creditors may join, or suing separately, demands may
be consolidated,
Vessel to be discharged from lien on master or owner giving
security,

Lien to continue only until commencement of first voyage after
the debt is contracted,

389

99

390

ib.

ib.

ib.

ib.

Issue to be made up under direction of the court, and tried by a
jury,

ib.

Clerks to exercise powers of clerks of the United States' courts,
in taking bonds, &c.

ib.

390-1

439

440

Tax on,

410

Liens not to extend to keel-boats or barges on Mobile, Alabama,
or Tombeckbee rivers, or tributaries,

SHOPS.

Not to be kept open on Sunday,

SHOWS.

Penalty for exhibiting shows or plays on Sunday,

SLAVES See “Free Persons of Color," and "Crimes and Mis-

demeanors by Persons of Color."

No one having an interest in a slave allowed to sit on his trial,
What evidence may be received in the trial of slaves, 123, 391, 395
May be tried for offences not capital (petit larceny) by a justice
of the peace,
Justice shall not inflict more than thirty-nine lashes on slave,
without the concurrence of two slaveholders,
Shall be tried by a jury for all crimes above petit larceny,
Trial for capital offence to be similar to that of free persons, ex-
cept that two-thirds of the jury shall be slaveholders,
Owner failing to employ counsel, court shall assign counsel,
Jury trying slave for a capital offence, to assess his value, and
certify how much the master shall be allowed,
Fund for payment of slaves executed, how raised,
Penalty for running or secreting slave charged with a capital
crime,

Slaves for offences above petit larceny, to be tried by judge of
county court and two justices of the peace, or three justices,
Justice to commit slaves, &c. and notify the judge,
Jury to be empannelled, witnesses subpoenaed, &c.

General assembly not to emancipate slaves without owners' con-
sent, or making full indemnity,

Slaves emancipated, liable for owner's debts before emancipation,

395

SLAVES, GENERAL LAWS RELATING TO SLAVES- Continued.
How to proceed to recover their freedom,
Not to be witnesses except in trial of slaves,
Not to go from home without a pass-punishment therefor,
Not to be sent into the range to mark or brand cattle,
All weapons except working tools deemed unlawful,
Unlawful weapons may be seized, and shall by justice be ad-
judged to seizer; and slave carrying, shall receive not more
than thirty-nine lashes,

But justice may license slave, with master or owner's consent,
to carry a gun for one year on the plantation,
Penalty for suffering slave to remain on the premises without
owner's leave.

Penalty for harboring slave,

Riots, routs, unlawful assemblies, trespasses, and seditious
speeches, punished with stripes,

395

391

ib.

80

391

391-2

392

ib.

109

392

Penalty for attending unlawful assembly or meeting,

ib.

Duty of justices, sheriffs, and constables, with regard to unlaw-
ful assemblies,

ib.

More than five male slaves to constitute an unlawful assembly,
Patrols and all civil and military officers to cause unlawful as-
semblies to disperse,

398

ib.

Slaves assembling unlawfully, how punished,

ib.

Not to apply to assemblies attended by master or overseer, nor
at places of worship held by white persons, nor to slaves sent
to assist a neighbor in work,

ib.

Penalty for trading with slave, without leave of owner or

overseer,

393, 396

Slave offering to sell, how punished,
Penalty for permitting slave to trade as a free person, or go at
large and hire himself out,

Runaway slaves how dealt with,

Duty of justices and patrols with regard to outlying slaves,
Reward for apprehending runaway or outlying slaves,

Runaway slaves committed to jail, may be sold if not claimed
in six months after publication,

Proceeds of sale, after fees retained, to be paid into the county

Owner on proof of property may recover amount paid, but not
divest purchaser's title,

Slave shall not keep horse, mare, gelding, or mule—and it may
be sold,

Conspiracy to rebel or commit murder, punished with death,
Penalty for attempting to teach person of color to read or write,
Penalty on slave for writing pass for slave,

Slaves not to preach to, or exhort slaves, except in presence of
five respectable slave-holders,

Penalty,

SLAVE TRADE.

Slaves imported contrary to laws of United States, to be con-
demned and sold,

Governor to appoint agent to receive slaves unlawfully import-
ed,

ib.

Shall require agent to give bond,

Agent shall demand slaves, wherever they may be found,
Slaves, while held by agent, to be employed in public works,
Part of slaves to be hired out, to pay expenses of the rest,

399

ib.

ib.

ib.

SLAVE TRADE-Continued.

On decree in favor of claimant, slaves shall be delivered to him,
If condemned, shall be sold on sixty days' notice given by the
agent,

One fourth of the proceeds to be paid to the informer, and the
balance into the state treasury,

Informer not allowed part, unless decreed by the court,
SMALL-POX-See "Health, public.'

SOLDIERS, of the united STATES ARMY.

Not allowed to vote at elections,

Penalty on tavern-keepers for selling liquor to,
SOLICITORS.

One to be appointed for each judicial circuit,

Duties,

Fees,

Salary,

Temporary appointment by the court in their absence,
Shall reside in their proper circuits or forfeit their offices,
SPANISH GRANTS AND RECORDS-See "Records."
SPECIFIC PERFORMANCE.

399

ib.

ib.

ib.

138

405

46

ib.

46, 190, 213

368

47

ib.

Court of equity may decree specific performance, and award writ

SPEECH, FREEDOM OF,--Con. Ala. Art. 1, Sec. 8.

SPERMACETI-See "Oil."

STALLIONS.

Over two years of age going at large, may be taken up and geld-
ed,

Shall print two thousand two hundred copies of the acts, one
thousand copies of journal of house of representatives, seven
hundred and fifty copies of journal of senate, and all print-
ing necessary for the legislature and executive offices,
Shall distribute the laws in seventy-five days after the close of
the session, and journals in thirty-five days thereafter,
His salary two thousand five hundred dollars,

In circuit or county court, execution may be stayed thirty days,
for purpose of taking out writ of error,

254

On judgments of justice of the peace, twenty dollars and under,

30 days; over twenty, 60 days,

294-5

STEALING-See "Larceny."

102

103

Stealing or selling free person for slave, how punished,
Stealing slave, how punished,

STEAM-BOATS-See " Boats."

STOCK-See "Cattle," "Marks and Brands," and " Strays."
STOCK, OF THE State of Alabama.

To be issued to the trustees of the university, by the president
and directors of the state bank,

Governor and five commissioners authorized to issue one hun-
dred thousand dollars, stock,

Governor, comptroller, treasurer, and president of the bank, au-
thorized to issue one hundred thousand dollars, stock,