UNIVERSITY LANDS-Continued.

Obligors in bond for rent, to be proceeded against as defaulting
tax-collectors,

428

Lands granted to University by United States, vested in the trus-
tees, with power to sell,

431

Minimum price,

ib.

Terms of sale,

ib.

433

ib.

Purchaser failing to make payment, to forfeit lands and payments
already made,

Trustees to appoint three of their body to superintend sales,
Agents to make sales,-appointment and duty of,

Persons cultivating without contract, liable to pay the minimum
price,

Commissioners shall transmit to comptroller, names of persons
so cultivating, and comptroller shall proceed as against public
defaulters,

Purchasers to give bonds for future instalments,

Proceeds of sales to be paid to trustees, who may make invest-
ment,

Trustees shall give purchaser a certificate,

436

ib.

431

430

431

432

Purchaser to stand in place of original purchaser, or lessee,
Trustees may rent lands not sold at public sales,

May be dispossessed in three months after failure, by writ of
unlawful detainer,

If trustees have commenced suit, purchaser shall not be dispos-
sessed, until failure to coerce payment,

Purchaser, his heirs, &c., may convert sale into lease for ninety-
nine years, by paying all interest due, and surrendering the
certificate,

Trustees to execute a lease, which may be assigned,

May distrain for interest on lease, and on failure of payment,
lands to be forfeited and sold,

ib.

ib.

ib.

ib.

ib.

ib.

433

UNLAWFUL CONTRACTS-See "Contracts."
UNLAWFUL WEAPONS-See "Weapons."

USURY.

Not more than the value of eight per cent. per annum to be
taken on any loan,

Contracts reserving a higher rate of interest, void,
This law not to prohibit the sale of bonds given in good faith,
Persons taking illegal interest, to forfeit principal and interest,
one half to the state, and the other half to the informer,
Suit must be brought in lender's lifetime, or within three years
after commission of the offence, or one year after payment,
On presentment, solicitor shall cause an issue to be made up as
in qui tam actions, and defendant convicted, shall forfeit
whole amount unlawfully taken,

Directors of state bank, convicted of usury, to forfeit in addition
two thousand dollars,

Obligor or borrower competent witness to prove usurious con-
sideration, unless the obligee be dead,

437

ib.

ib.

ib.

ib.

ib.

60

437, 438

But his testimony not to be received, if the other party will de-
ny on oath what he offers to swear,

Benefits of the act extended to borrower's personal representa-

tives,

Persons convicted of usury, disqualified from being bank direct-

ors,

438

ib.

ib.

USURY-Continued.

Bank-directors shall take an oath against usury,

VAGRANTS.

Every one having no apparent subsistence, shall apply himself
to some honest calling for a support,
Justice may arrest gamblers, and other vagrant persons, cause
them to give security, or commit them to jail for ten days,
Being guilty of like offence after twenty days, shall be deemed
vagrants, and imprisoned one month,

Failing to pay costs of imprisonment, may be retained to next
county court and tried,

If found guilty, may be hired out for six months, to pay costs,
If vagrant cannot be hired out on account of ill character, he
may be sentenced to receive thirty-nine lashes, and costs to
be a county charge,

Punishment may be repeated at intervals of twenty days, as
often as offender is guilty,

House-keeper harboring idle person of suspicious character,

more than twenty-four hours, liable to a fine of ten dolls.
Fines to go to the county and the informer,

VENDITIONI EXPONAS.

438

438

438-9

439

ib.

ib.

ib.

ib.

ib.

ib.

May issue for the sale of goods levied on, and not sold,
VENUE, IN CIVIL CASES.

161

Suits to be commenced in the county where the defendant may
be found,

284

Real actions, ejectment, and trespass quare clausum fregit
may be commenced where the cause of action arose,
Freeholders, except in local actions, not to be sued out of the
county of their residence,

ib.

ib.

No citizen to be held to bail, out of the county of his residence
and freehold,

ib.

ib.

In the division or establishment of counties, unfinished business
shall be transferred to the proper county,
Defendant may be sued in any county, plaintiff making oath
that he avoids service of process in his own,
Venue may be changed at or before first trial term, on good
cause shown, to the nearest adjoining county free from like
exception,

ib.

285

Venue may be changed in real actions, on oath that justice can-
not be done in the county,

Opposite party allowed to take depositions of aged or infirm
witnesses,

ib.

Clerk of court where suit is decided, may issue writ of habere
facias possessionem, to sheriff of county where suit originated,

VENUE, IN CRIMINAL CASES-See " Indictment."

ib.

May be changed any time before trial, or after new trial granted,
Shall be changed to nearest adjoining county free from like ex-
ceptions,

121

285

Right of change confined to the party accused,

ib.

VENUE, CHANGE OF IN CHANCERY-See "Chancery."

VESSELS-See "Boats," and "Ships."

VICE AND IMMORALITY.

No one over fourteen years of age to carry on any work or
sport on Sunday, under penalty of $2,

439

Merchants not to keep shops open, or make sales on Sunday,
under penalty of $20,

ib.

VICE AND IMMORALITY-Continued.

Wagoners, drovers, &c., not to ply, load or unload, drive cattle,
&c., on Sunday under penalty of $5,
Service of process on Sunday, except for breach of peace, to be
void, and party executing liable to action, unless defendant is
about to abscond,

Persons guilty of profane swearing or cursing to be fined 50 cents,
Guilty of drunkenness to be fined $1,

Disturbers of public worship to be fined $5,

No one to exhibit plays or shows, on Sunday, under penalty
of $15,
Justice shall cause offender to be brought before him, immediate-
ly on information being given,
Shall receive fine and pay one half to the informer, and the other
half to the county treasurer for the use of the poor,
Justices required to put the law in force,

Persons convicted and unable to pay fine, to be set in the stocks,
No person to be prosecuted under this act, after ten days from
commission of the offence,

WAGERS-See "Gaming."

Penalty for betting on event of election, by individual or manager,
WARDS-See "Guardians."

WARRANTS, OF JUSTICES OF THE PEACE.

In civil cases, how issued and when and where returnable,
To be executed by a constable,

Shall not be executed by sheriff or coroner, unless in attach-
ment, or forcible entry and detainer,
Search warrants how and when to be issued and the proceed-
ings thereon,

440

ib.

ib.

ib.
ib.

ib.

441

ib.

ib.

ib.

ib.

109

Justices' warrants on the part of the state, may run into any
county, and be endorsed by another justice,
Warrants for breach of the by-laws of incorporated towns, may
be made returnable immediately,

WARRANTS, OF THE COMPTROLLER-See "Financial Department.
OF COUNTY TREASURER- -See "County Treasurer,"
and "Claims against Counties."

WARRANTIES.

What words in a deed shall amount to an express warranty,
Warranties of the tenant for life, void against those in remainder
and reversion,

WATERCOURSES.

Navigable waters to be public highways free to citizens of the
U. S. without tax,

County court may contract with individuals for opening naviga-
ble streams,

Contracts to be let to the lowest bidder,

94

ib.

441

ib.

ib.

Court to take bond and security from contractor,
County court to have the same jurisdiction of navigable streams

ib.

No one to obstruct the pass or channel of a
a navigable stream-
penalty,

as of roads, and may appoint overseers and apportion hands
to clear them out,

441-2

442

Justices shall bind over, and grand juries present offenders under

Watercourses reported navigable by the U. S. surveyor, to re-
main free and open,

WATERCOURSES-Continued.

Persons erecting fish-dams, to leave one third of the stream in-
cluding the main channel open,

Persons offending to forfeit $20,-to go to plaintiff and county
equally,

Penalty for making hedges or felling trees in streams reported
navigable,

No one to divert a stream from its natural channel, which would
flow through another's land,

Jurisdiction over streams not included in any county, to apper--
tain to the county having jurisdiction to the margin,
WAYS-See "Roads."

WEAPONS.

Every citizen may carry arms for his own defence, &c.

All weapons carried by slaves, except working tools deemed
unlawful,

May be seized and adjudged to the seizer,
WEIGHERS, Public.

Appointment and duties in the city of Mobile,

WEIGHTS AND MEASURES.

443, 444

in the town of Blakely,

Acts concerning—of 1807,

of 1815,

of 1820,

of 1828,

WHIPPING POSTS.

To be erected in each county,

WILLS.

Probate of-See "Executors and Administrators."

County court may compel any person secreting a will to exhibit

it for probate,

Validity of a will how tried,

Widow may dissent from a will and claim her dower,

252, 450

252

251, 299

132

184

Debtor appointed executor, no extinguishment of the debt, unless
so directed in the will,

Every person twenty-one years of age, and of sound mind, may
devise lands by will,

Will must be signed by testator, or by some one in his presence

and by his request, and attested by three or more witnesses,
Nuncupative wills how regulated,

Not to be proved until fourteen days after testator's decease, nor
without citation to the widow or person principally concerned,
Not to be proved after six months, unless reduced to writing, in
six days after made or altered,

Written wills not to be revoked by nuncupative, unless in case
of soldiers or seamen in service,

Posthumous children, not provided for by will, to share the es-
tate as in case of intestacy,

Estate not bequeathed, to be administered by executor, and dis-
tributed as in case of intestacy,

If subscribing witness be a devisee, and his testimony is neces-
sary to establish the will, devise shall be void,

Creditor whose debt is secured by will, may be a competent
witness to prove its execution,

When subscribing witness resides out of the state, court may
issue a dedimus potestatem to take his testimony,

WILLS-Continued.

Authenticated copies of wills duly proved in any other state, or
foreign country, may be admitted to probate,

Wills after probate, shall be recorded and remain on file in the
clerk's office,
After remaining one year on file, may be withdrawn by execu-
tor or administrator for purpose of probate in another state,
Lands directed by will to be sold or conveyed, may be sold, &c.
by executor, if no one is appointed for that purpose,
Validity of a will may be contested within five years after pro-

On appeals, justices may summon witnesses to attend court,
Slaves not to be witnesses, except in trial of slaves,
Negroes, Indians, and persons of mixed blood, not to be wit-
nesses, except for and against each other,

Negroes, how charged by the court, when offered as witnesses,
Accused to have same process to compel attendance of witnesses
as the state,

Clerk, how to issue subpoenas in civil cases,

Shall require witnesses' attendance on day to which cause is set,
Not to subpoena witnesses more than once in the same cause,
Clerk issuing certiorari shall subpoena witness on request of
either party,

Subpoena returnable immediately, to be issued only in term time,
and personally served,

When witness cannot be found, a copy of the subpoena may be
left at his residence,

Witnesses once subpoenaed shall attend from term to term, until
discharged,

451

ib.

ib.

206

Failing to attend, to forfeit one hundred dollars, and be liable to
action for damages,

But excuses shall be heard,

Liability for not attending on trial of forcible entry and detainer,

for not attending justice when summoned,

Witnesses in any of the courts, or before commissioners to take
depositions, refusing to give testimony, to be imprisoned,
May give testimony by solemn affirmation,

Exempt from all civil process, except subpoenas, while going to,
attending, or returning from court, or arbitrators,

Witnesses' compensation,

Attending before justices, allowed fifty cents per day, to be taxed
in the costs,

Attendance, how proved,

292-3

451

452

32, 451

ib. ib.

452

ib.

Clerk to give certificate of attendance,

ib.

WITNESSES IN CRIMINAL CASES.

State witnesses, on failure of court, shall be bound over by the
clerk,

Shall attend from term to term, until discharged, or forfeit one
hundred dollars,

451

But may render excuse on or before return of sci. fa. made