Ib. Sec. 19. Tb. Sec. 20. covenant. § 32. All warranties by any tenant for life, shall be void against those in remainder or reversion. § 33. In all deeds to be recorded in pursuance of this act, whereby shall amount any estate of inheritance in fee simple, shall hereafter be limited to to an express the grantor or his heirs, the words, grant, bargain, sell, shall be adjudged an express covenant to the grantee, his heirs and assigns, to wit: that the grantor was seized of an indefeasible estate in fee simple, freed from incumbrances, done or suffered from the grantor, (except the rents and services that may be reserved) as also for quiet enjoyment against the grantor, his heirs and assigns; unless limited in express words contained in such deed: and the grantee, his heirs, executors, administrators, and assigns, may in any action, assign breaches, as if such covenants were expressly inserted: Provided always, That this law shall not extend to leases at rack-rent, or to leases not exceeding one-and-twenty years, where the actual possession goes with the lease. Ib. Sec. 22. Discharge of mortgage. Penalty for ing satisfac not render tion. 1812-(13) Sec. 5. Deeds to con vey fee sim- § 34. Any mortgagee of any real or personal estate, in this territory, having received full satisfaction and payment of all such sum or sums of money as are really due to him by such mortgagor, shall, at the request of the mortgagor, enter satisfaction upon the margin of the record of such mortgage, recorded in the said office, which shall forever thereafter, discharge, defeat, and release the same; and shall likewise bar all actions brought, or to be brought thereupon. And if such mortgagee, by himself or his attorney, shall not within three months after request, and tender made for his reasonable charges, repair to the said office, and there make such acknowledgment as aforesaid, he or she neglecting so to do, shall for every such offence forfeit and pay unto the party or parties aggrieved, any sum not exceeding the mortgage money; to be recovered in any court of record, by bill, plaint, or information. § 35. Every estate in land, which shall be hereafter granted, conveyed, or devised, although words heretofore necessary to transfer an estate of inheritance be not added, shall be deemed a fee simple, if a less estate be not limited by express words. § 36. Where an estate hath been, or shall be by any conveyance, limited in remainder to the son or daughter, or to the use of the son or daughter, of any person, to be begotten, such son or daughter, born after the decease of his or her father, shall take the estate in the same manner as if he or she had been born in the lifetime of the father, dent particu. although no estate shall have been conveyed to support the contingent remainder after his death. posthumous heirs, with out lar estate. Ib. Sec. 8. valent to fe livery of seisin. § 37. In all cases by deed of bargain and sale, or by deeds of lease and release, or by covenant to stand seized to use, or by deed operaoffiment with ting by way of covenant to stand seized to use, the possession of the bargainor, releasor, or covenantor, shall be deemed heretofore to have been, and hereafter to be transferred to the bargainee, releasee, or person entitled to the use of the estate, or interest which such person hath, or shall have, in the use, as perfectly as if such bargainee, releasee, or person entitled to the use had been enfeoffed with livery of seisin, of the land intended to be conveyed by the said deed or cove Tb. Sec. 9. dower allow for use. nant. § 38. Where any person to whose use, or in trust for whose beneCurtesy and fit, another is or shall be seised of lands, tenements, or hereditaments, ed in estates hath, or shall have such inheritance in the use, or trust, as that if it had been a legal right, the husband or wife of such person would thereof have been entitled to curtesy or dower, such husband or wife shall have and hold, and may by the remedy proper in similar cases, recover curtesy or dower of such lands, tenements, or hereditaments. lands and their condi § 39. Every estate in lands or slaves, which now is, or shall here- r. Sec. 10. after be created an estate in fee tail, shall from henceforth be an estate Fee-tails in in fee simple, and the same shall be discharged of the conditions an- slaves disnexed thereto by the common law, restraining alienations before the charged of donee shall have issue, so that the donee, or person in whom the con- tion. ditional fee is vested, or shall vest, shall have the same power over the said estates, as if they were pure and absolute fees: Provided, That Exception. any person may make a conveyance or demise of lands, to a succession of donees then living, and the heir or heirs of the body of the remainder-man, and default thereof, to the right heirs of the donor in fee simple. Sec. 1. enforce bond cutor or ad § 40. Where any person owning lands or tenements, shall sell the 1812—(17) same, and enter into bond or obligation to make titles thereto, and shall Orphans' depart this life without having made titles, in that case, the person to court may whom such bond or obligation was given, his executors or adminis- for titles, trators, may petition the orphans' court of the county where probate against exeof the will of such deceased person was taken, or letters of adminis- ministrator. tration granted, to compel the executors or administrators to make titles, agreeably to the bond or obligation given by the decedent; and it shall be the duty of such court to cause their clerk or register, to cause notice of such petition to be published in some newspaper in this territory, once a month for at least three months, when the court may, if they find that the said contract was fairly made, order the executor or administrator to make titles as such, to the lands or tenements sold by their testator or intestate; and any executor or administrator refusing to comply with such order, may by such court be imprisoned for the contempt, until they will comply with the order of such court: Provided, That any person dissatisfied with the sentence Party dissat or order of the court, on any petition as aforesaid, may take an appeal appeal. to the superior court, as in other testamentary cases. (1) GRANTS BY THE STATE. isfied may Sec. 1. the seal of What evi § 41. For the conveyance or transfer of the right of lands, town lots, 1821–(19) or other real estate in fee simple, belonging to this state, to any person To be by paor persons, company, body politic, or corporation, a patent shall tent under issue with the great seal of the state, signed by the governor, and the state. attested by the secretary of state. § 42. All purchasers of lands, town lots, or any real estate belong- Ib. Sec. 2. ing to this state, their heirs, legal representatives, or assigns, may dence will receive a patent for the same, upon his, her, or their producing to the authorize secretary of state, a certificate or receipt signed by the treasurer of of a patent. this state, that the said purchaser or purchasers, their heirs, legal representatives, or assigns, have satisfied or paid into the treasury of this state, the legal amount due for such land, town lot, or other real estate; and it shall be the duty of the governor, forthwith to issue a patent to the said purchaser or purchasers, their heirs, legal representatives or assigns, upon the production of the certificate or receipt as aforesaid. the issuance § 43. It shall be the duty of the secretary of state, to record in a b. Sec. 3. strong-bound book, to be kept for that purpose, all grants and patents, recorded by (1) The orphans' court cannot compel the executor or administrator to make titles, unless the testator or intestate owned the land at the time he contracted to convey; nor unless his agreement was under seal.—Simpson's Administrator v. Simpson, Min. Rep. 33. Patent to be secretary of of whatever nature or kind soever, issued by this state, to any person or persons, company, body politic, or corporation. state. Ib. Sec. 4. Secretary's fee. § 44. Any person receiving a grant as aforesaid, shall pay therefor, the receipt thereof, to the secretary of state, the sum of seventyupon five cents. NOTE. For other provisions respecting the registration of deeds, &c., See "Frauds and Fraudulent Conveyances." Purchasers of school lands, sold under any of the acts providing for the sale of the 16th sections, are entitled to receive a patent from the governor, on producing a certificate of full payment from the president and cashier of the Bank of the State of Alabama.-See "Schools and School Lands,"-§ 35. 1833-(40) Coroner to hold inquests in certain cases. CORONERS. § 1. Ir shall be the duty of every coroner, whenever any sudden death shall come to his knowledge, whether occurring by violence, casualty, or in prison, to summon forthwith a jury of six householders of the county, of known discretion, and proceed immediately to make diligent inquisition concerning the cause thereof, and all the material circumstances connected with such sudden death; for which purpose the coroner may summon witnesses, who shall attend and give testimony, under all the penalties provided against other witnesses summoned in behalf of the state: which inquisition so taken, shall be committed to writing, and returned to the next circuit court of the county. And if, after hearing the testimony, there shall be probable grounds to suspect any one of unlawfully causing the death in quesTo issue war tion, or of being concerned therein, the coroner shall issue a warrant for the apprehension of such person; or if he be escaped to another county, shall apply to some justice of the peace to issue the same; and such person, when so apprehended, shall be carried before a justice of the peace of the county where the death occurred, to be dealt To recognize with according to law. It shall also be the duty of the coroner, on the rants, when. witnesses, &c. When coroner shall act jailor. issuance of such warrant by himself, or the justice, to bind over all witnesses who have given material testimony, to attend the next circuit court; and shall return the recognizances of the witnesses, certified, with the inquisition. It shall moreover be lawful for the coroner, and it is made his duty, as often as circumstances may require it, to call to his aid the power of the county. § 2. The coroner shall execute all process when the sheriff is a as sheriff or party in interest, to any suit in the circuit or county court, and perform all the duties of sheriff, whenever from any cause, he may be incompetent to act as such. He shall also be keeper of the jail when Liabilities, the sheriff is imprisoned upon any civil or criminal process; and for failing to perform any of the duties prescribed in this section, shall be liable to all the penalties prescribed against sheriffs and jailors for similar defaults. &c. Additional bond may be required. For failure to do as re § 3. Whenever the coroner shall be required to discharge the duties of sheriff, agreeably to the laws now in force, the judge of the county court, may at his discretion, demand of such coroner, such additional bond, as he may deem necessary or advisable. § 4. If any coroner shall fail to perform any of the duties required of him in the first section of this act, he shall be liable, together with quired by 1st section, how his securities, to pay such damages, not less than two hundred dollars, as may be assessed by a jury, to be recovered on his official bond, by responsible. any one who will sue for the same; and in addition, shail be liable to be indicted and fined, not exceeding one hundred dollars. coroner, jus § 5. When there is no coroner in the county, or he cannot attend, Where no any justice of the peace may perform his duties in making the inqui- tice to act, sition as aforesaid; and for such services, shall receive the fees allow- &c. ed to the coroner. Judges of 6. The judges of the county courts shall have power to appoint a Ib. Sec. 7. coroner, in cases where there shall be no coroner in said county, County when it may become necessary for any process to be served on the courts to ap sheriff. NOTE. For the coroner's appointment and bond,-See "County Officers." point coroners, when. COTTON GINS AND GIN-HOLDERS. Seed falling gins to be en § 1. EVERY owner or possessor of any gin, erected in or within one 1809-(1) quarter of a mile of any city, town, or village, is directed and requi- Sec. 2. red to enclose, remove, or destroy all the cotton seed which falls from from cotton said gin, so as to prevent the putrefaction thereof; and every person closed, &c. so neglecting, after having five days previous notice thereof, shall forfeit and pay for the use of the territory, twenty dollars, to be reco- Penalty! vered before any justice of the peace, for every day he shall thus neglect to remove the cotton seed as aforesaid. be thrown water 2. Every owner or holder of any cotton-gin within this territory, Ib. Sec. 3. is hereby restrained from throwing, or letting the cotton seed fall from Seed not to their gins into any stream of water, or watercourse whatever, except into any the Tombeckbee and Alabama rivers, and the waters of Bayou Sara : course, exand every person failing to comply with the requisitions of this sec- cept Tomtion, shall forfeit and pay the sum of two hundred dollars, recoverable Alabama. before any court having jurisdiction thereof, one moiety to the use of the person suing for the same, and the other to the person or persons injured. beck bee and Sec. 1. 3. Every gin-holder within this territory, shall enclose his or her 1810 (1) cotton-gin with a good and sufficient fence, five feet high, and so close Gins to be that no hog of any size can get through the same; and every such enclosed. gin shall be enclosed so as to include all the cotton seed which may fall from, or in any wise appertain to said gin: and every person or persons failing to comply with the requisitions of this act, shall forfeit and pay the sum of twenty dollars for every day they shall neglect or fail so to comply; to be sued for and recovered by the party injured, before any justice of the peace, and applied to his own use: Provided, That nothing in this act contained shall prevent any person or persons from recovering any special damages, he, she, or they may sustain, in consequence of any gin-holder negligently keeping his or her gin.(1) Sec. 2. § 4. All owners of cotton-gins within this state, shall mark on each 1832—(16) bale of cotton by them ginned and baled, the initial letters of their Initials of proper names, together with such initials as will designate the county owner's of their residence. name and of County to be bale. § 5. If any person or persons shall violate the provisions of the marked on foregoing section, he, she, or they shall be liable to a penalty of five b. Sec. 3. dollars, to be recovered before any court having competent jurisdic- Penalty. (1) An action for the forfeiture, for failing to keep a cotton-gin enclosed, is barred if not instituted within one year after the forfeiture accrued. Johnson r. A. & J. E. Hughes, 1 Stewt. Rep. 263. tion, one-half to be paid into the county treasury, and the other half to the person suing for the same. NOTE. For the penalty for exhibiting a false sample of cotton, or for plating or other fraud in the packing thereof-See "Crimes and Misdemeanors,”§ 68, 69. For the law respecting cotton receipts-See "Notes, Bills, and Bonds,❞—§ 1, 2. Con. Ala. COUNTIES. § 1. No new county shall be established by the general assembly, which shall reduce the county or counties, or either of them, from New coun- which it shall be taken, to a less content than nine hundred square Sec. 16. ties. Ib. Sec. 17. to be fixed in Proviso. miles; nor shall any county be laid off of less contents. Every new county, as to the right of suffrage and representation, shall be considered as a part of the county or counties from which it was taken, until entitled by numbers to the right of separate representation. § 2. The general assembly shall, at their first session which may be holden in the year eighteen hundred and twenty-eight, or at the next succeeding session, arrange and designate boundaries for the several counties within the limits of this state, to which the Indian title shall have been extinguished, in such manner as they may deem expedient, which boundaries shall not be afterward altered, unless by the agreement of two-thirds of both branches of the general assembly; and, in all cases of ceded territory, acquired by the state, the general assembly may make such arrangements and designations of the boundaries of counties within such ceded territory, as they may deem expedient, which shall only be altered in like manner: Provided, That no county hereafter to be formed shall be of less extent than nine hundred square miles. 1807-(25) Court-house, post, and erected in COUNTY BUILDINGS. § 1. There shall be erected and established in every county, in which jail, pillory,' public buildings are not already provided, a good and sufficient courtwhipping. house, for the legal adjudication of causes; and a strong and efficient stocks, to be jail or prison, for the reception and confinement of debtors and criminals, well secured by timber, iron grates, bolts, and locks; and also a pillory, whipping-posts, and so many stocks as may be convenient for the punishment of offenders. And every jail so to be erected, shall consist of three apartments at least, one of which shall be appropriated to the reception of debtors. each county. Court-house and jail to be built un tion of the justices of § 2. Every court-house and jail to be erected as aforesaid, shall be formed of such materials, and of such dimensions, and on such plans der the direc- as shall be directed by the justices of the county court, or a majority of them, in each county, who are hereby authorized to plan and project the same; and to accept as a gift, or to purchase for the use of the county, so much ground in the towns where the courts may be ordered to sit, as they may judge convenient and necessary, whereon to build all or any of the structures aforesaid. Which purchase-money shall be defrayed by the proper county, and laid in the county esti the county court. Justices of the county mates. § 3. The said justices, or a majority of them in every county, shall court to ap appoint two commissioners, of industry and knowledge sufficient to |