commission ers. into bond. plan and carry into effect, by drawing the draft, superintending the point two foundation, and erecting and completing of every court-house, jail, r pillory, whipping-posts, and stocks, respectively. And for the faithful discharge of their duty in this behalf, the said commissioners shall en- Commissionter into bonds, in the sum of five hundred dollars, with sufficient ers to enter sureties, to the justices of the county court, in trust for the county, well and truly to account with the said justices, as often as they may be thereunto required by them, for the disposition of all money, or other property by them received from time to time, from the said justices, or treasurer, or any other person, or by any means whatever, for the purpose of aiding or assisting in building the said court-house, jail, and other structures, in the county to which the commissioners may severally belong. And on default in the commissioners, for want Commissionof attention or competent knowledge to carry on the work with pro-discharged. priety, the said justices shall have power to discharge one or both of them, and place others in their stead; taking the same surety from them. ers may be 'buildings to §4. Every county, now or hereafter to be erected and laid off within Erection and the territory, shall defray all expenses that may attend the building, repair of and keeping in good repair, within itself, of the court-house, jail, pillory, be at county whipping-posts, and stocks, hereby ordered; and to this purpose, for charge. the greater forwarding the business, the justices aforesaid are hereby authorized, to draw out of the hands of the treasurer of the county, any sums of money which he may have received, belonging to the county, not otherwise appropriated; and the said justices are hereby directed, to apply the same wholly to the purposes of building a jail and court-house, pillory, whipping-posts, and stocks. But in every Jail to be county, a jail shall be first erected; and the treasurer and justices are erected first. to govern themselves accordingly. County court lowance for 5. The justices of the county courts are hereby authorized to 1815—(13) make all necessary allowances, for repairs done to the court-houses Sec. 3. and jails of their respective counties, and the claims of persons sum- to make almoned to guard criminals, on the sheriff's certificate, which shall be paid out of the county treasuries respectively: Provided, The sum so allowed by the county court shall not exceed one hundred dollars in any one year. repairs, &c. Sec. 1. of court § 6. The sheriff of every county within this state, shall take charge 1822—(25) of the court-house of his county; keep out intruders; have it cleaned; Sheriff to and observe the decays or any other injury that may be done to said take charge court-house, or any other property attached to or near it, that may be- house. long to said county, and make a report, at least once a year, to the county court: and the judge and commissioners of roads and revenue, Judge, &c. are hereby empowered to make such appropriations out of the county appropria treasury, as are necessary to be by the sheriff incurred, to carry this tions for his act into effect. may make expenses. COUNTY OFFICERS. Sec. 2. § 1. Ir shall be the duty of the county courts in each county, to 1815-(5) make such allowance to the clerks and sheriffs of their several coun- Allowance ties, for their public services rendered either in the superior or county by county court, as to said county court shall seem reasonable and just: Provi- court, to ded, The sum allowed shall not exceed fifty dollars per annum to any iff, and conelerk or sheriff; also to allow to all constables the sum of one dollar and fifty cents for each day they shall be necessarily attending the [a 1829-(2) clerks, sher stables. Sec. 3.] Clerks and superior court; which sums of money shall be paid out of the county treasury; and no clerk, sheriff, or constable, shall be entitled to receive any sum or sums of money out of the territorial treasury un ler any pretext whatever, for public services rendered after the passage of this act. 1819-(6) § 2. The clerks of the circuit and county courts, and sheriffs of the Sec. 36. different counties in this state, shall keep their offices at the several sheriff's shall court-houses or places of holding courts therein, or within one mile keep their of thereof. fices at the court-house. 1819-(14) Sec. 4. to recomi auc § 3. The justices of the county courts, or a majority of them, shall recommend to the governor a fit person to act as coroner, and also a County court proper number to act as auctioneers and notaries public: [and it shall mend coro- be the duty of the governor to commission the persons so recommendners, aun ed:1] and the officers so commissioned shall respectively hold their notaries pub- offices for the term of three years from the dates of their commissions.* § 4. The coroner, auctioneers, and notaries public respectively, Coroners, &c. shall, before they enter on the duties of their several offices, give bond to give bond, with sufficient security, to be approved of by the chairman of the county court in the sum of two thousand dollars, payable to the governor and his successors in office, for the faithful performance of their respective duties." lic. Ib. Sec. 5. Ib. Sec. 6. County surveyor and treasurer. Ib. Sec. 7. surer to give bond. § 5. There shall be appointed in each county in this state, by the county courts thereof, a county surveyor and treasurer, who shall hold their offices for the term of three years. § 6. The county treasurer shall, before he enters on the duties of County trea- his office, enter into bond with good and sufficient security to the county court of the county for which he may be so appointed, in such sum as said court may direct, for the faithful accounting for and paying over the moneys which may come into his hands as county 1820-(26) Sec. 1. Repealing treasurer. 7. So much of an act providing for the appointment of county officers passed on the seventeenth day of December, eighteen hundred foregoing act and nineteen, as directs that county treasurers, county surveyors, coroners, auctioneers, assessors and tax-collectors, shall be commisfrom the go- sioned by the governor, is hereby repealed.a as to commission vernor. a See § 3. Ib. Sec. 2. § 8. The certificate of the chief justice of the county court, that the treasurer, surveyor, coroner, auctioneer, assessor or tax-collector (as tice's certifi- the case may be) who may have been elected, has given bond and security as such, agreeably to law, shall be sufficient evidence of such officer's right and authority to exercise and perform the duties of the office to which he may have been appointed. cate suffi cient evidence. 1823-(33) Sec. 1. § 9. If any clerk, sheriff or other county officer, shall absent himself from the county he resides in, for the term of four months, the absence va office he may hold shall be vacated. Four months cales office of Judge of § 10. Should any of the vacancies above contemplated occur, it is hereby made the duty of the judge of the county court, of the county in which such vacancy may occur, if within his knowledge, immedi county court ately to certify the same under his hand and seal to the person, officer, shall certify vacancy, or tribunal appointed by law to fill the same; and if complaint shall at any time be made to him of any such vacancy, it is hereby made the 1 Repealed in part-See 1st section of the following act. By an act passed January 14, 1821, the appointment of county officers was transferred from the county court to the judge of that court, together with the "Commissioners of Revenue and Roads,"-See 1st section under that head. 3 For the amount of auctioneers' bonds in the several counties,-See "Auctioneers." A duty of the said judge, to inquire into the same, and if found true, to certify as above. 11. When any such certificate shall be made, the proper person, Ib. Sec. 3. officer, or tribunal, shall immediately fill such vacancy. and office be filled. Clerk of cir § 12. It shall be lawful for clerks of the circuit courts, in the several 1828—(45) counties of this state, and it shall be their duty, to take the official Ser bonds of sheriffs, assessors and tax-collectors, and coroners, in all cuit court cases, where any judge of the county court shall be absent from the may take the county, incapacitated from disease, or where the office of county judge ty officers, where judge may be vacant, within the time that any such bonds may be required of county to be taken by law. bond of coun court is ab sent, &c. pacity to be the condition 13. In all cases where any such official bond may be taken by b. Sec. 2. the clerk of the circuit court, the particular incapacity which prevented Judge's incasuch bond from being taken by the judge of the county court of the recited in proper county, shall be recited in the condition thereof; and when so of the bond. recited, the obligor or obligors, each and all of them, shall be forever estopped from denying any such recited incapacity of the judge of the county court, which may be in such condition contained. Clerk to cer and transmit County §14. It shall be the duty of every clerk of the circuit court, when- Th. Sec. 3. ever he shall have taken any such official bond of a sheriff, assessor tify the bond and tax-collector, or coroner, in pursuance of the provisions of this so taken, act, to endorse on said bond his certificate, under his hand and official it to the seal, (if there be one, and if not, under his private seal) that the said clerk of the bond was duly taken at his office, on the day the same shall bear date; court. and when so certified, the said clerk shall forthwith transmit the same to the clerk of the county court, whose duty it shall be to deposit the same in the file of his office; and every official bond so taken, shall have the same force and effect, and be subject to the same regulations, as now appertain to the official bonds of sheriffs, assessors, and taxcollectors, and coroners, when taken by the judge of the county courts. Fee to clerk. § 15. The clerk of the circuit court, for performing the duties herein ru. Sec. 4. prescribed, shall receive the sum of two dollars for every bond so taken, to be paid by the sheriff, assessor and tax-collector, or coroner, as the case may be. Bonds of County offi to be record ed. § 16. All bonds of sheriffs, or other county officers, shall be record- b. Sec. 6. ed in the office of the clerk of the county court of the proper county, except the bonds of the judge of the county court, and clerk of the cers, where county court, which shall be recorded in the clerk's office of the circuit court, in a book to be kept for that purpose: and the record of any such bond, so recorded as aforesaid, may be proceeded on in the same manner as the original, under the certificate of the clerk, of its Certified being a true copy, unless the court before whom any proceeding may be had, shall deem it necessary, for the purposes of justice, to require the original. NOTE.-Public officers generally, are liable, on the requisition of their securities, to execute new bonds, or be dismissed from office. Sce "Securities.”§ 12 to 27. copy,evi dence. Con. Ala. Penal code. Tb. Sec. 2. Treason de 1807-(6) Sec. 1. Murder. Ib. Sce. 2. son. Ib. Sec. 4. Ib. Sec. 5. intent to CRIMES AND MISDEMEANORS.1 § 1. It shall be the duty of the general assembly, as soon as circumstances will permit, to form a penal code, founded on principles of reformation, and not of vindictive justice. §2. Treason against the state, shall consist only in levying war against it, or in adhering to its enemies, giving them aid and comfort. §3. If any person or persons shall commit the crime of wilful murder, such person or persons, on being thereof convicted, shall suffer death. § 4. Every person, liable to be prosecuted for petit treason, or as accessory thereto, shall be indicted, proceeded against, and punished, as is directed in other kinds of wilful murder. § 5. If any person or persons, on purpose and of malice aforethought, shall unlawfully cut or bite off the ear or ears; or cut out or disable the tongue; put out an eye, while fighting or otherwise; slit the nose or lip; cut or bite off the nose or lip; or cut off or disable any limb or member of any person whatsoever, such person shall be deemed guilty of mayhem; and in every such case, the person or persons so offending, their counsellors, aiders, and abettors, shall on conviction thereof, pay a fine not exceeding one thousand dollars, at the discretion of the jury trying such offender; and shall stand in the pillory two hours every day, not exceeeding three days. § 6. Every person who shall assault another with intent to commit Assault with murder, rape, or robbery, shall, on conviction thereof, be amerced in commit mur- such sum, as shall be assessed against him or her, by the verdict of a jury, and imprisoned a term not exceeding one year; and shall also give sufficient security for good behavior, for the term of six months after the expiration of such imprisonment. der, rape, or robbery. Ib. Sec. 6. Ib. Sec. 7. Stealing or § 7. Every person who shall commit the crime of rape, and be thereof convicted, shall suffer death. §8. If any person or persons, shall be guilty of stealing or selling selling free any free person for a slave, knowing the said person so sold to be free, and shall be thereof lawfully convicted, the person or persons so convicted, shall suffer death. persons. Ib. Sec. 8. Ib. Sec. 9. Burning outhouse, &c. Ib. Sec. 10. Ib. Sec. 11. Ib. Sec. 12. Accessories before the fact. § 9. Every person who shall wilfully and maliciously burn any dwelling-house, cotton-house, or out-house, or building adjoining such dwelling-house, cotton-house, or store, shall be deemed guilty of arson, and upon conviction thereof shall suffer death. § 10. Every person who shall burn any out-house, barn, or stable, not adjoining some dwelling-house, or store, or shall burn any hovel, crib, cock, mow, or stack of hay, fodder, corn or grain, or shall be accessory to either of the said offences, before the fact, shall, upon conviction thereof, pay the damages that any person may sustain thereby; and shall suffer imprisonment, not exceeding six months. § 11. Every person who shall commit the crime of robbery, and be thereof convicted, shall suffer death. § 12. Every person who shall commit the crime of burglary, and be thereof convicted, shall suffer death. §.13. If any person or persons, shall be accessory before the fact, to any wilful murder, rape, arson, robbery, or burglary; he, she, or they, so offending, shall, upon conviction thereof, suffer death. The multiplicity of enactments on the subjects of duelling and gaming, suggested the propriety of their being arranged under separate heads. Accessories §14. If any person or persons, shall be accessory after the fact, to Пb. Sec. 13. any wilful murder, rape, arson, robbery, or burglary; he, she, or they, after the so offending, shall, upon conviction thereof, be fined not exceeding fact. five hundred dollars, at the discretion of the jury, and shall receive thirty-nine lashes on the bare back. § 15. Any person convicted of larceny, to the value of twenty b. Soc. 14. Larceny of dollars or upwards, or as accessory thereto, shall restore the goods and above and chattels so stolen, to the rightful owner or owners thereof; or 20 dolls. shall pay to him, her, or them, the value of such goods or chattels, as shall not be restored; and moreover, shall receive thirty-nine lashes upon his or her bare back; and shall stand in the pillory, at the discretion of the court, so as not to exceed two hours in each day, for three days. § 16. If any person or persons, shall feloniously take, steal, and carry away, any goods or chattels, under the value of twenty dollars, or shall be accessory thereto, before the fact; he, she, or they, being thereof legally convicted, shall be deemed guilty of petit larceny; and shall restore the goods and chattels so stolen, to the owner or owners thereof, or pay the value thereof to such owner or owners, and shall receive any number of lashes, not exceeding thirty-nine. b. Sec. 15. Larceny un der 20 dolls. Robbery or &c. § 17. Robbery, or simple larceny of obligations or bonds; bills b. Sec. 16. obligatory, or bills of exchange; promissory notes for the payment larceny of of money, or notes for the payment of any specific property; lot- bonds, notes, tery tickets; paper bills of credit; bank notes or bills;a cotton re- [a 1833-18) ceipts; certificates granted by or under the authority of this territory, Sec 1.] or of the United States, or any of them; shall be punished in the same manner, both as to the principal and accessory, as robbery or simple larceny of goods and chattels. Receiving stolen goods, §18. If any person or persons, shall receive or buy any goods or b. Sec. 17. chattels, that shall be feloniously taken or stolen from any other person, knowing the same to have been so taken or stolen; or shall or harborreceive, harbor, or conceal any felons or thieves, knowing them to be ing felon. so; he, she, or they, being of either of the said offences legally convicted, shall restore the goods so received, or pay double the value thereof, and shall stand in the pillory two hours. Stealing slave. Horse-steal ing. § 19. If any person or persons, shall steal any negro or mulatto b. Scc. 18. slave whatsoever, out of or from the possession of the owner or overseer of such slave; the person or persons so offending, shall be, and are hereby declared to be, felons, and shall suffer death. $20. If any person do feloniously take or steal any horse, mare, Пb. Sec. 19. or gelding, foal or filly, ass or mule; the person so offending, shall restore the property so stolen, or pay the value thereof, which shall be adjudged by the jury trying such offender, to the owner or owners thereof, and be fined at the discretion of the jury in a sum not exceeding five hundred dollars; and shall moreover receive thirty-nine lashes on his or her bare back well laid on, and be branded on the face, or in the right hand, as the court shall think fit, with the letter T, and be imprisoned for a term not exceeding twelve months. stolen § 21. And forasmuch as felons are much encouraged to steal horses, Ib. Sec. 20. because a great number of persons make a trade to receive and buy Receiving of such felons, the horses by them feloniously taken, and also do horses, &c. make it their business to conceal such offenders after the said fact, knowing such felonies to be by them committed: Be it further enacted, That if any person or persons shall receive or buy any horse, ass, or mule, that shall have been feloniously taken or stolen from any other person, knowing the same to have been stolen, or shall harbor or conceal any horse or mule-stealer, knowing him to have so offend |
