&c. on execution the said return shall be made, it shall be the duty of the court, on modocket, liable tion of the plaintiff or plaintiffs in execution, or his or her attorney, for amount of execution, to render judgment against said clerk, and his securities, or either, or any of them, for the amount of the execution, together with interest Notice of mo- and costs: Provided, That those against whom the judgment shall be rendered, shall have one day's notice of the motion, and that any fact which shall be contested by said clerk and securities, or any, or either of them, shall be tried by a jury. tion. Contested facts. Ib. Sec. 3. kept on clerk's table during the § 10. It shall be the duty of the clerks of the several courts in this docket to be state, to keep in the court-house, on the clerk's table, the execution docket, during the whole term of the session of the court; and if any clerk shall fail so to do, he shall be guilty of a contempt of court, and whole court. be punished accordingly; and shall also be liable to any person aggrieved, in an action of trespass on the case. 1812-(20) Sec. 4. Records not to be County unless in danger. § 11. It shall not be lawful for the court of any county, or the clerk of such court, to remove, or cause to be removed, the records and pathe remov pers of the same, or any part thereof, without the county, except in cases of actual invasion, or insurrection, where, in the opinion of the court, the same will be endangered; or where, for want of such opinion, by the suddenness of the alarm, or danger, the clerk shall at his own discretion, remove the same, returning them as soon as the alarm or danger ceases; or except in cases also provided for by law. Any member of a court, or the clerk of the same, so offending herein, shall be deemed guilty of a misdemeanor in office, and forfeit therefor and pay the sum of one thousand dollars. Ib. Sec. 9. Records to be delivered cessor. 12. Whenever the office of clerk to any court shall become vacant, by any cause whatsoever, the records, papers, books, stationary, over to suc- and everything belonging or appertaining to the same, shall be delivered over to the successor in office, by the person or persons having the same, whenever demanded, under the penalty of five thousand dollars, to be recovered against such person, and every of them so detaining the same, or any part thereof; and it is hereby declared to be the duty of such successor, to demand, receive, and take into his care and safe keeping, all the books, records, papers, stationary, and every other matter and thing appertaining to the said office; and in case of refusal or detention of them after demand as aforesaid, he shall give information thereof to the attorney general,1 who shall prosecute accordingly. Successor's duty to demand, &c. 1819-(21) Sec. 1. moval for practice, &c. § 13. If any clerk of any court in this state, shall willingly make Clerks liable any false entry, interlineation, or erasure of a letter, or change any to fine or re-record in his keeping belonging to his office, or shall neglect to record neglect, mal- any will, deed, or other matter proper to be recorded in his office, within a reasonable time after the same shall have been lodged in his office to be recorded; or shall neglect to make out and keep a fair and correct index to the matters recorded in each book; or shall neglect to keep in regular file all the papers belonging to his office, keeping every subject matter in its proper and peculiar file, and the papers of each suit together; or shall refuse or neglect to make out in a reasonable time after application of any person demanding the same, a transcript of any record in his office; or shall make out the same so erroneously or incorrectly that the court to which it is taken cannot proceed thereon; or shall refuse or neglect to perform any of the duties required by law to be performed by such clerk; such clerk shall, upon 1 At the passage of the act from which this section is taken, and even as late as 1818, the officers whose duties corresponded with those of the solicitors at the present time, were styled "Attorneys General." trial and conviction, be deemed guilty of a misbehavior in office, and shall be subject to a fine not exceeding two hundred dollars, or be removed therefrom by the court, and shall also be liable to an action on the case for damages, in behalf of the party aggrieved. Charges, tried. 14. All charges against clerks for misbehavior in office, shall be Пb. Sec. 3. exhibited to the court in writing, and the court shall direct the facts to how exhibitbe tried by a jury; and on conviction thereof, such clerk shall be fined ed and or removed from office, as the court of which he is clerk shall think proper: Provided, That every clerk against whom charges may be exhibited, shall be entitled to a copy thereof, and shall be permitted to make his defence on trial. Sec. 1. mined bien a January 20, 1830. Examiners' oath and du § 15. It shall be the duty of the judges of the circuit and county 1830—(18) courts of this state, at the first term of their court which shall be held Clerks' offiin each county after the passage of this act, and biennially thereafter, ces to be exato appoint one or more persons, not exceeding three, learned in the nially. laws, to examine the offices of their respective courts. §16. The person or persons so appointed, shall take and subscribe Ib. Sec. 2. an oath, well and truly to examine into the records of said courts, the fee-books kept by the clerks thereof, and make a true return of the ties. general state of said offices; and shall, in the vacation after the said court, examine said offices, and report the general state of the same to the next court thereafter:-and if on such examination, any mis- Misfeasanfeasance or malfeasance shall be discovered, it shall be particularly ticularly spespecified in said report: which report when made, shall be recorded cified in exain the clerk's office of said court, and shall be subject to the inspection port. of any person without fee. ces to be par miners' re Report to be recorded. Examiners' compensa tion. §17. The persons so appointed shall receive such compensation Ib. Sec. 3. for their services as may be allowed them by the judge of the county court, and commissioners of revenue and roads. § 18. The judges of the county courts, and commissioners of reve- 1822—(24) nue and roads are hereby authorized to make an allowance to the clerks of the county and circuit courts, for books and stationary purchased by them for the use of their offices respectively. NOTE.-By act of 1815, the county court was empowered to allow clerks annually for their services not exceeding fifty dollars, out of the county treasury. See "County Officers,”—§ 1. CLERK OF THE SUPREME Court. Sec. 1. lowance to clerks for books and stationary. Sec. 1. term of of 19. The judges elect, or a majority of them of the circuit courts 1825—(1) of the state of Alabama, are hereby authorized immediately after the How appassage of this act, to appoint a clerk of the supreme court, who shall pointed, and hold his office during five years, but be removable at any time for fice. misbehavior in office, two-thirds of the judges of the supreme court concurring in such removal. To give § 20. All clerks of the supreme court, who may hereafter be ap- Ib. Sec. 2. pointed, shall execute a bond with good and sufficient security, to be bond. approved of by the judges of the said circuit courts, and in such sum as they, or a majority of them may direct, conditioned for the faithful performance of the duties of said office: Provided nevertheless, That a majority of said judges may at any time require said clerk to give additional or other security; and if said clerk shall fail so to do within a reasonable time, to be prescribed by the court, the said office shall be thereby vacated. 21. A majority of the said judges may at any time fill any va- Ib. Sec. 4. cancy in said office of clerk, and shall, or some one of them shall, vacancy. Judges to fill Ib. Sec. 5. his office at administer such oaths of office, as may be prescribed by law, to said clerk, previous to his entering on the duties of his office. § 22. The clerk of the supreme court shall, within three months Clerk to keep after the passage of this act, establish his office at Tuscaloosa; at Tuscaloosa. which place the said office shall be kept and remain, so long as the seat of government shall continue at said place. 1828 (31) Sec. 1. § 23. The office of the clerk of the supreme court shall be kept open during the whole of each day (Sundays excepted) for the purpose of doing all necessary business with members of the bar, or the persons having lawful business therein; any rule of said clerk, prewhole day. scribing office hours, to the contrary notwithstanding. Clerk of supreme court fice open the to keep his of Ib. Sec. 2. Penalty for § 24. If any clerk shall refuse admittance into said office, to any refusing ad person or persons having lawful business to transact in said office at any time, without a reasonable cause to be judged by the court, such clerk shall be fined in any sum not exceeding twenty dollars. mittance. See "Judiciary-Supreme Court,”—§ 11. 1821-(4) Sec. 28. Four to be elected in each county. Powers. 1821-(28) Sec. 1. Sec. 2.] When to hold court. COMMISSIONERS OF REVENUE AND ROADS. § 1. AT every general election1 there shall be elected in each county in this state, four commissioners of the revenue and roads, any two of whom, together with the judge of the county court, shall constitute a court, to levy the county tax, to lay out and discontinue roads, and shall have and exercise all the power in relation to roads, bridges, highways, ferries, and causeways, which are at present given to, and exercised by the orphans' or county court; and make the appointment of such county officers as by law are directed to be appointed by the county court. § 2. On the first Mondays in February and May, "the third Monday [a 1824-(27) in August, and the first Monday in December, in every year, the judges of the several county courts in this state, together with the commissioners of revenue and roads, of their respective counties, or with any two of them, shall hold a court for the purposes prescribed b The forego in the twenty-eighth section of the act to which this act is intended as an amendment, and the said judge and commissioners shall continue in session until the business is completed: Provided neverthedo business, less, If said commissioners shall fail to attend on or before the third day of said term, the judge of said county shall proceed to levy the tax, and appoint the officers required by law. ing. Judge may if commis sioners do not attend. Ib. Sec. 3. To have control of county funds. 1821-(24) Sec. 5. May make appointments be § 3. The judges of the county courts, together with the commissioners aforesaid, or a majority of them, shall have control over the funds in the county treasury; and they, or a majority of them shall have power to make appropriations for defraying expenses incurred for county purposes: Provided, Nothing herein contained shall be so construed, as to authorize said courts, to do any other than county business, at the several terms provided to be holden by this act. § 4. When any vacancy happens by resignation or otherwise, in any office, the appointment of which is vested in the county court, it shall be lawful for the judge of said court, and the commissioners of tween terms roads and revenue, to make the appointment between the terms of of court. 1 Every third year, commencing from the general election in August, 1827. See the last section in this title. court, and the appointment shall be as valid as if made at the regular term. § 5. No commissioner of revenue and roads shall be eligible to the 1822—(11) appointment of assessor or tax collector, or shall discharge the duties Nig Not eligible thereof, either as principal or agent, in any manner whatever, during to office of his continuance in office. tax-collector. 6. The commissioners of revenue and roads, shall be commis- 1823-(23) sioned in the manner hereinafter prescribed. Sec. 1. commission by judge of § 7. Within five days after each election, it shall be the duty of the ers to be sheriff of each county, to return to the judge of the county court a ed list of the four persons having the greatest number of votes, whose b. Sec. 2. duty it shall be to commission them: and the persons so commission- county court. ed, shall, before they proceed to the discharge of their duties, take and subscribe the following oath, to wit: "I, do solemnly To take oath. swear, (or affirm, as the case may be) that I will faithfully discharge the duties imposed on me as a commissioner of revenue and roads, for the county of : so help me God." § 8. Should a vacancy occur, the judge of the county court, together with the commissioners of revenue and roads in office, are hereby authorized and required to fill such vacancy; and the person so appointed, shall hold his office until the next stated election for commissioners. b. Sec. 3. how filled. Vacancies, May trans § 9. Whenever the judge of any county court shall fail to meet b. Sec. 4. the commissioners of revenue and roads, by the second day of the act business term of any regular court, the commissioners, or a majority of them, 'judge. shall proceed to transact the business devolving on said court. without § 10. Commissioners of revenue and roads, shall be exempt from Ib. Sec. 5. Exempt from serving on juries, working on roads, and performing ordinary militia certain du duty, during the time they act as such. ties. Sec. 8. 11. The commissioners of roads and revenue, shall hereafter be 1827-(6) elected for the term of three years. To serve 3 years. COMMISSIONS. Art. 4. §1. ALL commissions shall be in the name, and by the authority Con. Ala. of the state of Alabama, be sealed with the state seal, signed by the governor, and attested by the secretary of state. CONTEMPTS. Sec. 2. § 1. Whereas, the government of this territory is instituted for the 1807-(19) peace, protection, and happiness of the people thereof; and it being Preamble. contrary to these objects that any man, or body of men, should have, or exercise in any case, an unlimited, arbitrary power to fine and imprison for offences against him or themselves, in any capacity whatever: And whereas, the trial by jury in all penal, as well as criminal cases, is both a safe and adequate mode of investigation and decision, and should only be suspended in cases of absolute necessity: Be it Contempt of enacted, that no court shall, for any contempt against such court, pass court, how judgment, or decree, order, or inflict, or cause to be inflicted, any fine exceeding the sum of twenty dollars, nor any imprisonment exceeding twenty-four hours, without the trial by jury, to assess the amount of such fine, and determine the duration of such imprisonment. punished. Ib. Sec. 3. § 2. No judge, for any contempt offered to him, shall have power Contempt of to order and inflict, or cause to be inflicted, any fine exceeding the sum judge or jus. tice, of six dollars, nor any imprisonment exceeding six hours. And if any court, or judge, shall offend herein, the person or persons so offending, shall be deemed guilty of a misdemeanor in office; and how punish- shall moreover be subject to the action of the party injured, for damages, to be assessed by a jury. And in all cases of trial by jury for any contempt, the truth of the matter may be given in evidence, by the defendant, on the general issue. ed. Ib. Sec. 4. § 3. The foregoing restrictions are not intended, nor shall they be ses this law construed, to affect cases arising under the militia laws; nor causes does not ap where a party served with process from any court, judge, or justice, shall refuse to answer according to law, or to perform any decree, judgment, or order of the same. ply. 1814-(17) Sec 24. Justice's and imprison for con tempts. §4. No justice of the peace, or of the quorum, for any contempt offered to him, shall have power to order or inflict, or cause to be power to fine inflicted, any fine exceeding the sum of six dollars, nor any imprisonment exceeding six hours, and then only when such contempt shall be offered, whilst such justice is sitting in judgment; and if any justice of the peace, or of the quorum, shall offend herein, he shall be deemed guilty of a misdemeanor in office, and shall moreover be subject to the action of the party injured, for damages to be assessed by a jury. NOTE.-For contempts offered to the general assembly, while in session, by any person not a member, the offender may be punished by imprisonment, not exceeding forty-eight hours.-See "General Assembly,"-Con. Art. 3, sec. 17. Conveyances to be receiv. dence. CONVEYANCES. 1803-(3) § 1. If any deed or conveyance of lands, tenements, or hereditaacknowledgments, lying and being in this territory, heretofore made and executed, ed or proved, and not already acknowledged or proved according to law, or hereafter ed in evi. to be made and executed, shall be acknowledged by the party or parties, who shall have executed it; or be proved by one or more of the subscribing witnesses to it, that such party or parties, signed, sealed, and delivered the same, as his, her, or their voluntary act and deed, before one of the judges of the superior court of this territory, or one of the justices of any county court of that county, in which the lands, tenements, or hereditaments are situated; and if a certificate of such acknowledgment or proofs shall be written upon, or under the said deed or conveyance, and be signed by the person before whom it was made, then every such deed or conveyance, so acknowledged or proved, and certified, shall be received in evidence in any court of this territory, as if the same were then and there produced and proved. (1) corded without proof. Not to be re- § 2. No conveyance of lands, tenements, or hereditaments, lying and being in this territory, which has been made and executed, and not already acknowledged or proved according to law, or which shall be made and executed, shall be recorded in any clerk's office in this territory, unless the execution of the same shall have first been acknowledged, or proved and certified, in the manner herein directed. (1) A deed of conveyance for land, though not attested by a subscribing witness, nor recorded, may nevertheless, on proof aliunde, be read in evidence. -Robertson & Barnwell v. Kennedy & Kitchens,-1 Stewt. Rep. 245. |