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Ib. Sec. 2.

Secretary of senate to do

the same.

Ib. Sec. 3.

Secretary of

to the papers

§ 32. It shall be the duty of the secretary of the senate, within the same time, to arrange, file, and label the papers in his office at the close of each session, according to the directions contained in the first section of this act, in relation to the papers of the house of representatives, and in like manner, to deliver them to the secretary of

state.

§ 33. It shall be the duty of the secretary of state, to receive the state's duties papers so filed and labelled from the said clerk and secretary, and in relation keep and preserve them in his office, keeping the papers of each house so filed. separate from those of the other, and allow them to be inspected, and to furnish copies when required, on receiving the fees allowed for similar services; and it shall be his duty to certify that the said clerk and secretary, have respectively complied with the requisitions of this act, which certificate shall be necessary to entitle them to the com. pensation allowed for the services herein required; and if either the said clerk or secretary shall fail to arrange the papers of his office, according to the directions of this act, it shall be the duty of the secretary of state, to withhold the said certificate, until they shall be so arranged and filed.

1831-(11) Sec. 1.

§ 34. The secretary of state is hereby authorized and required to Secretary of purchase, annually, in Philadelphia, Baltimore, or New York, by state to pro- order, the necessary books and stationary for the several departments I of state, and for the general assembly, and the comptroller shall issue ral assembly, his warrant, for the sum or sums necessary for the purposes aforesaid.

cure station

ary, for gene

&c.

NOTE.-For the oaths to be taken by members of the general assembly, and the manner of administering them.-See "Oaths Official."

Con. Ala.
-Art. 4.
Executive
powers.

Governor,

GOVERNOR.

§ 1. THE supreme executive power of this state shall be vested in a chief magistrate, who shall be styled the Governor of the State of Alabama.

§ 2. The governor shall be elected by the qualified electors at the how elected. time and places when they shall respectively vote for represen

Returns,

how made.

Votes, how

counted

Plurality to

elect. Tie.

tatives.

§ 3. The returns of every election for governor shall be sealed up, and transmitted to the seat of government, directed to the speaker of the house of representatives, who shall, during the first week of the session, open and publish them in presence of both houses of the general assembly. The person having the highest number of votes shall be governor, but if two or more shall be equal and highest in votes, one of them shall be chosen governor by the joint vote of both houses. Contested elections for governor shall be determined by both houses of the general assembly, in such manner as shall be prescribed by law. Term of ser- § 4. The governor shall hold his office for the term of two years from the time of his installation, and until his successor shall be duly qualified, but shall not be eligible for more than four years in any term of six years; he shall be at least thirty years of age, shall be a native citizen of the United States, and shall have resided in this state at least four years next preceding the day of his election.

Contested elections.

vice.

Qualifications.

Compensa. tion.

§ 5. He shall at stated times, receive a compensation for his services, which shall not be increased or diminished during the term for which he shall have been elected.

of militia,

&c.

6. He shall be commander in chief of the army and navy of this Commander state, and of the militia thereof, except when they shall be called into the service of the United States. And when acting in the service of the United States, the general assembly shall fix his rank. § 7. He may require information in writing from the officers of May require the executive department, on any subject relating to the duties of their of executive respective offices.

information

officers.

ing general

8. He may, by proclamation, on extraordinary occasions, con- Convening vene the general assembly at the seat of government, or at a different and adjourn place, if that shall have become, since their last adjournment, danger- assembly. ous from an enemy, or from contagious disorders; in case of disagreement between the two houses, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper, not beyond the day of the next annual meeting of the general assembly.

9. He shall, from time to time, give to the general assembly in- Give inforformation of the state of the government, and recommend to their mation to consideration such measures as he may deem expedient.

general as-
sembly.
Execution of
laws.
His powers

cases.

§ 10. He shall take care that the laws be faithfully executed. § 11. In all criminal and penal cases, except in those of treason and impeachment, he shall have power to grant reprieves and pardons, in criminal and remit fines and forfeitures, under such rules and regulations as shall be prescribed by law. In cases of treason he shall have power, by and with the advice and consent of the senate, to grant reprieves and pardons; and he may, in the recess of the senate, respite the sentence until the end of the next session of the general assembly.

Proceedings

§ 12. In case of the impeachment of the governor, his removal Sec. 18. from office, death, refusal to qualify, resignation, or absence from the on impeach. state, the president of the senate shall exercise all the power and au- ment, &c., of thority appertaining to the office of governor, until the time pointed governor. out by this constitution for the election of governor shall arrive, unless the general assembly shall provide by law for the election of a governor to fill such vacancy, or until the governor absent or impeached shall return or be acquitted.

minister the

§ 13. If, during the vacancy of the office of governor, the presi- Sec. 19. dent of the senate shall be impeached, removed from office, refuse to Who to ad qualify, resign, die, or be absent from the state, the speaker of the government. house of representatives shall in like manner administer the govern

ment.

where to re

§ 14. The governor shall always reside, during the session of the Sec. 21. general assembly, at the place where their session may be held, and Governor, at all other times, wherever, in their opinion, public good may require. side. § 15. No person shall hold the office of governor, and any other sec. 22. office or commission, civil or military, either in this state, or under Governor not any state, or the United States, or any other power, at one and the office. same time.

to hold any

Sec. 1.

§ 16. The governor of this state shall, as soon after the passage of 1833-(33) this act, as practicable, reside at or in the vicinity of the seat of go-Governor to

vernment.

NOTE.-Governor's salary, $2500.-See "Salaries."

reside at the seat of government.

1806-(1) Sec. 44. Appointment of guardians.

Ib. Sec. 45.

Guardians to

give bond.

Ib. Sec. 46.

return inventory of estate, and report accounts.

GUARDIANS.

NOTE.-Some portion of the law respecting Guardians, has been unavoidably inserted under the head of "Executors and Administrators."

§ 1. THE chief justice of the orphans' court, in each county, when and so often as there shall be occasion, is hereby empowered, to allow of guardians that shall be chosen by minors of fourteen years of age, and it shall be lawful for the said court to appoint guardians for such as shall be within, or under that age. When any minor, above fourteen years of age, shall be cited by the said chief justice to choose a guardian, and such minor shall refuse or neglect to appear, or when appearing, shall refuse to choose a guardian, or any guardian chosen by such minor shall be unable to give sufficient security, or shall refuse the trust; in every such case the orphans' court shall have the same power to appoint a guardian, as though such minor was under the age of fourteen years: Provided nevertheless, That when a minor above the age of fourteen years shall choose a guardian, such minor may have that choice certified to the said chief justice, by a justice of the peace in the same county; which choice so certified, shall be deemed as good and valid, as if done in presence of the said chief justice.

§ 2. Every orphans' court appointing a guardian to a minor of his or her own election, shall take bond of such guardian, with good securities, in a sufficient sum, for the faithful execution of his office and trust.1 (1)

§ 3. Every guardian in socage, or other guardian, shall, within Guardians to three months after his appointment and acceptance of such office, deliver into the office of the register of the orphans' court an inventory, on oath, of all the estate, real and personal, which he shall have received, or taken possession of, to be entered of record; and shall exhibit once in every year, and oftener if thereunto lawfully required, an account of the product of the said estate, and of the sale and disposition of such product, and disbursements: which accounts being examined and audited by the chief justice, in the same manner as executors' or administrators' accounts, and reported, fairly stated and supported by vouchers, and approved of by the court, shall be recorded in the register's office."

Ib. Sec. 47. Guardians defaulting,

placed.

§ 4. Any guardian who shall not deliver in such inventory, or render such account, shall, by order of the orphans' court, to which he may be dis is answerable, be summoned, and if he remain in default, compelled to perform his duty, or be displaced. And the said court may, for any good and sufficient cause, displace a guardian, giving such guardian fourteen days' previous notice, by citation, to appear and show cause why he should not be displaced.

Ib. Sec. 48.
Court may

require addi

§ 5. The orphans' court, when they at any time shall know or have cause to suspect, that the securities of a guardian or any of them, tional securi- are in failing or dubious circumstances, may require and compel such guardian to give additional security or securities; and if he refuses or neglects so to do, may displace him.

ty of guar

dians.

1 All guardians are required to give bond. See "Executors and Administrators,"§ 3. "Judiciary-County Court,"-§ 23, 24.

(1) Several points of pleading settled with regard to actions on guardians' bonds. Davis. Dickson et al., 2 Stewt. Rep. 370.

2 Guardians refusing to settle, when cited, may be attached. See "Executors and Administrators,"-§ 28.

when ward's

§ 6. If the personal estate, and rents and profits of the real estate, Ib. Sec. 49. be not sufficient for the maintenance and education of the ward, the Proceedings orphans' court, on full investigation thereof, may, from time to time, estate is inorder the guardian to sell such parts of the ward's lands, tenements, his mainteand hereditaments, as they shall direct and judge adequate to his or nance. her maintenance and education.

sufficient for

Proceedings

guardians.

§ 7: The lands, tenements, and hereditaments, so ordered to be b. Sec. 50. sold, shall be advertised by the guardian in three of the most public on the sale of places in the county, and in some public newspaper in this territory, lands by for the space of forty days previous to the time appointed for the sale thereof; and the guardian, at the time and place so advertised, shall sell the same at public vendue, upon a credit of twelve months after the day of sale, to the highest bidder, who shall give bond with satisfactory security for the amount thercof; and shall make report in writing of his proceedings thereon, to the next orphans' court after such sale: Provided, That the said guardian may adjourn the said sales from time to time, at his discretion. And said guardian shall Guardian's make a deed to the purchaser for the lands, tenements, and heredita- deed valid. ments so sold; which deed shall vest in the said purchaser, as good and perfect an estate in the premises therein mentioned, as the ward was seized of or entitled to, at the time of making the said order.

Guardian's

§ 8. It shall be the duty of the guardians of idiots, lunatics, and Ib. Sec. 52. persons non compos mentis,1 to improve frugally, and without waste duty to or destruction, their estates, and apply the income and profits thereof idiots, &c. to the comfortable maintenance and support of such idiot, lunatic, or person non compos mentis, and of his household or family; (if any there be;) and the said guardian or guardians are hereby empowered to collect, sue for, and recover all just debts due to such idiot, lunatic, or person non compos mentis; and they shall also be subject to the payment of all just debts owing by such person, which were contracted when he or she was of sound mind, and before his or her distraction or lunacy, out of the personal estate; or if that be insufficient, then out of the real estate, in such way and manner as executors and administrators may by law discharge the debts of deceased persons, when the personal estate of such deceased is insufficient. And the In certain said guardian and guardians shall have the same power and authority, sell real es by order of the orphans' court, to sell the lands, tenements, and here- tate. ditaments of any idiot, lunatic, or person non compos mentis, for the purpose aforesaid, as by this act is given to executors and administrators in similar cases, observing the same rules and restrictions. And the deed or deeds of conveyance of such guardian or guardians, shall have the same force, effect, and validity, to all intents and purposes.9

cases may

Idiots, &c.,

sume their

§ 9. If any such idiot, lunatic, or person non compos mentis, shall b. Sec. 53. be restored to the use of his or her reason, and sanity of mind, (and becoming on application, the same be made to appear to the orphans' court, who sane, to reshall judge thereof,) the residue of his or her estate, both real and estates. personal, shall be returned and delivered to him or her, the guardian or guardians, having such reasonable allowance for his or their charge and trouble, as the court shall order.

§ 10. Any father, even if he be not twenty-one years of age, may, 1822—(19) by last will and testament, executed in the presence of two credible

Sec. 1. Fathers may devise the custody and

1 For the mode and occasion of appointing such guardians, see "Judiciary-tuition of County Court,”—§ 24, 25, and note.

their infant

2 A considerable portion of the law here referred to has been repealed: but children. equivalent provisions will be found under the titles "Estates of Deceased Persons," and "Executors and Administrators."

Ib. Sec. 2.
Guardian

acceptance

in open

court,

give bond, and deliver inventory.

witnesses, devise the custody and tuition of his child, (which had never been married,) although it be not born, during any part of the infancy of such child, to whomsoever he will; and such devise shall give the devisee the same power over the person of the child as a guardian in common socage hath, and authorize him by actions of ravishment of ward, or trespass, to recover the child, with damages for the wrongful taking or detaining of him or her, for his or her use; and for the same use to undertake the care and management, and receive the profits of the ward's estate, real and personal, and prosecute and maintain any such actions and suits concerning the same, as a guardian in common socage may do.

§ 11. Any guardian so appointed by the last will and testament of must declare any person, shall appear openly in the county court, in which last wills and testaments are required by the existing law to be proved and recorded, before the exercise of any authority over the minor or his estate, and declare his acceptance of the guardianship, which shall be recorded; and shall give such bond and security, and in like manner, as is now required by law from guardians appointed by the county courts; and shall deliver an inventory on oath, of all the estate real and personal, which he shall have received or taken possession of, within the same time after his acceptance of such office, and to the office of the same court to which other guardians are required by law to deliver inventories of the estates of their wards: Provided, That no child, the custody and tuition of which shall be devised as aforesaid, shall be taken from the mother of such child, before it attains the age of fifteen years; unless in the opinion of the court to which such guardian may be accountable, it would be improper for the mother to retain the possession of any such child.

Proviso.

Ib. Sec. 3. To account as other

§ 12. The said guardians appointed as aforesaid, shall account as often, and under the same regulations, as other guardians are by law guardians, directed to account, and shall, for failure to deliver an inventory as aforesaid, or to account agreeably to law, be liable to be proceeded against, and to removal from office as other guardians.

&c.

Ib. Sec. 4. Guardians

§ 13. If any guardian shall fail or neglect to appear in the county may be com- court where such last will and testament shall be proved and recorded, pelled to de- within the space of six months thereafter, he may be summoned and ance, or re- compelled to declare his acceptance or renunciation of such trust; and of guardian- every such guardian appointed by any such last will and testament,

clare accept

nunciation

ship.

if

shall renounce the same, which renunciation shall be recorded, the said court may and shall proceed to appoint and qualify some other person or persons to the guardianship, as if no such appointment of a guardian or guardians had ever been made.

1815-(9)

INCORPORATED TOWNS.

§ 1. ANY precept or warrant, issued for any fine or penalty incurred by the breach of any of the by-laws of any incorporated city or laws, return town in this territory, may be made returnable forthwith.

Warrants for breach of by

able forth.

with.

1820-(16) Cotaco and

INDIANS, AND INDIAN TERRITORY.

§ 1. THE circuit court of Cotaco shall have jurisdiction, and the St. Clair ex County shall embrace all that tract of country lying west of Willstown

tended.

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