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court at which it was rendered, and conclude by stating that unless he, she, or they appear at the next term of the court and show cause to the contrary, judgment final will be entered up; which notice shall be held sufficient in law to entitle the state to a recovery, though the citation be to no particular day of the term, and although the notice does not specify the day or before whom the judgment was rendered ; nor shall any averment or statement be necessary to the validity of
the notice aforesaid, beyond the express terms of this act. Ib. Sec. 2. § 42. In setting out a copy of the bond or recognizance, or judg. No variance
hance ment nisi, a variance shall not vitiate the proceedings unless it be a substantial. substantial variance. IV. Sec. 3. § 43. Notices or scire facias shall be directed to the sheriff, and a
e copy shall be served on each by the sheriff; and one service on each and one ser. defendant in said notice or scire facias, shall be sufficient to enable vice suffi
the state to recover. Ib. Sec. 4.
4. § 44. All bonds or recognizances entered into as aforesaid, may be Bonds, &c. made payable to the state of Alabama: Provided always, That 00either to the thing in this section shall be so construed as to prevent the proper state or go. officer from making such bond payable to the governor and his suc
cessors in office. 11. Sec: 5. § 45. The circuit courts are hereby authorized and required to deCircuito termine upon all excuses in criminal cases for forfeitures under this excuse in act; and to excuse the party in default, on such terms as the court feiture, on" may impose, in no case extending beyond the payment of costs, where costs only. w Pary 10 Cacused.
Sheriff to serve notice,
cases of for
8. LIMITATION OF PROSECUTIONS.
1807—(6) $ 46. No person or persons shall be prosecuted, tried, or punished Sec. 49. General li. for any offence, wilful murder, arson, forgery, counterfeiting, and lar. mitation of ceny excepted, unless the indictment, presentment, or information for one year, es cept murder, the same, be found or exhibited within one year, next after the ofarson, forge fence shall be done or committed. Nor shall any person be prosecury, counter feiting, and ted for any fine or forfeiture under a penal statute, unless the proselarceny.
cution for the same shall be instituted within twelve months from the time of incurring the fine or forfeiture aforesaid : Provided, That nothing herein contained shall extend to any person or persons abscond
ing or fleeing from justice. 1822-(12) 47. So much of the statute of limitations as prevents prosecutions Polygamy, for polygamy, perjury, and subornation of perjury, unless commenced perjury, and subornation
od within a year after the time of the alleged offence, is hereby repealed. of perjury, 48. The prosecutions for the aforesaid offences, shall be como indictable within five menced within five years, and not thereafter, after the commission of years. the alleged offence. 1826—(21) 49. No person or persons shall be indicted for any assault, or Sec. 3.
e assault and battery, after the expiration of six months from the comAssaults, and assaults mission of the offence, unless he, she, or they thus offending, shall dies within have been recognized within that time to appear at some court having six months. cognizance of said offence, except always such person or persons as
may have fled from justice.
9. SELECTION OF THE JURY, AND CHALLENGES.
1831-(2) Juror's in
$ 50. In the selection of a jury for the trial of a person charged with the commission of a capital crime, it shall be the duty of the court, after the juror is sworn to make true answers to such questions as for preconmay be demanded of him by the court, to ask the juror if he has cervedhopp formed and expressed an opinion as to the guilt or innocence of the tested. prisoner at the bar. If the juror answers that he has formed and expressed an opinion, then the court shall demand of him, whether the opinion he has so formed and expressed, is formed upon his own knowledge of the facts, or upon rumor. If he answer that the opinion so formed and expressed, is formed upon his own knowledge of the facts, then he shall be rejected: but if he answer, that his opinion 80 formed and expressed, is formed upon ruinor, then he shall be sworn in chief, unless challenged by the prisoner or prosecuting officer.
$ 51. In all capital cases, the attorney for the state shall have the 1b. Sec. 2. right to four peremptory challenges of the jury.
lenges in 52. It shall not be lawful for any defendant, on trial for any offence capital cases.
Ib. Sec. 4. made capital by law, committed after the passage of this act, to chal- Defendant's lenge more than sixteen jurors, without showing good and lawful challenges
in capital cause for such challenge.
$ 53. In the trial of any person charged with any felonious offence 1b. Sec. 5. pot capital, twelve peremptory challenges shall be allowed the prison- not capital, er, and four to the state.
12, and state 4 challenges.
10. Costs AND RESTITUTION.
$ 54. The lands, tenements, goods and chattels, of any person or 1807—(6)
Sec. 51. persons convicted of any crime or misdemeanor, shall be liable and se
Lands or subject in preference to all other demands whatever, (except dower goods of per
sons convict. and jointure) in the first place to the discharge of the expenses incur
ed, liable for red by the territory or county, in the prosecution and conviction of costs and re
stitution. such offender; and in the next place, to what restitution or reparation may be adjudged to the injured party ; and if the estate of the person or persons shall be incompetent to the said purposes, then in that case, aller deducting the expenses of prosecution and conviction as aloresaid, the surplus, if any, shall go towards making reparation to the party injured.
$ 55. It shall be the duty of the attorney general, to mark on all 1911—(8) bills of indictment the name of the prosecutor; and if the territory shall Sec. I.
In certain fail in the prosecution, it shall be the duty of the court (either with cases, prose
cutor to be or without a motion to that effecta) if the prosecution appear frivolous tased with or malicious, to order the prosecutor to pay costs.
the costs. a 1826Sec. 2.
11. TRIAL OF PERSONS OF COLOR.
$ 56. No person having interest in a slave, shall sit upon the trial 1807—(6)
Sec. 58. of such slave.
$57. And for a declaration of what shall be deemed legal evidence 18. Sec. 59. in such cases, Be it further enacted, That the court may take for Eviden evidence the confession of the offender, the oath of one or more credible witnesses, or such testimony of negroes or mulattoes, bond or free, with pregnant circumstances, as to them shall seem convincing.
$58. Any alave may be tried for any offence not capital, by any 1914 (2) justice of the peace on warrant, and may be sentenced to receive any Sec. 1. number of stripes not exceeding one hundred, which sentence shall he tried by be executed by the constable : Provided however, That no slave
the peace for
offencre not capital,
groes to raise a fund for
Number of shall be sentenced to receive more than thirty-nine lashes, unless two
respectable slave-holders to be summoned by the justice for the pur
pose of trying said slave, concur with him in the sentence; and any Justice to such justice of the peace shall summon and compel the attendance summon of all witnesses necessary to establish any fact for or against such
slave, and shall duly examine such witnesses. 1824—(25) $59. All slaves which may be hereafter executed in pursuance Sec. 1. Jury convict. of law shall be paid for in the manner hereinafter provided. ing slave to $ 60. Whenever, on the trial of any slave for a capital offence, the value.. jury shall return a verdict of guilty, the presiding judge shall have Ib. Sec. 2. ihe same jury sworn to assess the value of said slave, and the verdict
of said jury, shall be entered on the records of the court; and the master or owner of such slave producing to the comptroller of public accounts, a transcript from the record of the court regularly certified by the clerk, and the certificate of the sheriff, that any slave has been
executed in pursuance of the sentence of the court, shall be entitled One half of to receive a warrant on the treasurer for one-half of the amount asassessed to sessed by the jury, to be paid out of the fund hereinaster provided for be paid to that purpose.a [a But seo $61. To raise a fund for the purpose aforesaid, it shall be the duty of
the assessors annually to assess a tax of one cent on all negroes under Tax on ne ten years, and two cents on all negroes over ten and under sixty; and it
qise shall be the duty of the tax-collectors to collect and return the same this purpose. at the same time, and in the same manner, they are now compelled
by law to collect and return the state tax; and it shall be the duty of the treasurer to keep said sund separate and distinct from the revenue
of the state. 15. Sec. 4. § 62. If the owner of any slave charged with a capital offence, Owner to
shall fail to employ good and sufficient counsel, on behalf of said employ counsel, or court slave, it shall be the duty of the presiding judge, before whom such to assigu.
slave may be tried, to assign counsel learned in the law to defend said slave, who shall be entitled to receive from the owner the sum of twenty
dollars for his services. 15. Sec. 5. § 63. If the owner, or any other person having charge or govern
Anment of any slave, who shall be charged with any capital crime, shall
conceal or carry away any such slave, so that he or she cannot be brought to condign punishment, every owner or other person so offend
ing, shall forfeit the sum of five hundred dollars. IV. Sec. 6. Š 64. After the jury have found the value of the negro as aforesaid, determine they shall also say what portion of the same the master shall have, what portion which in no case shall exceed one-half of the value so found; and the of the value the owner prosecuting officer shall inquire as to all facts which would go to show shall have. the portion of blame attached to the master, that the jury may rightly
assess the amount he shall have. Ib. Sec. 7. $ 65. This act shall not be so construed as to extend its benefits to This act not the payment of slaves, executed in cases of rebellion or insurrection, cases of re- or where neither the master or slave is settled in this state. bellion, &c. 1832-(4)
C. $ 66. The judge of the county court of each and every county in Sec. 1... this state, together with two justices of the peace, to be associated Judge of county court with him, or in case there should be no judge of the county court, and two jus- then any three justices of the peace, shall constitute a court for the tices authorized to try trial of all slaves and free persons of colour, charged with any crime
for misdemeanor of a higher grade than petit larceny. 16. Sec. 2. 67. Whenever any slave or free person of color, shall be brought Mode of me before any justice of the peace, charged with the commission of any bringing t offender to crime or misdemeanor of a higher grade than petit larceny, if the trial under
er justice, after examining the witnesses on the part of the prosecutor,
persons of colour.
shall believe there exists any reasonable or probable grounds of the guilt or criminality of such slave or free person of color, he shall immediately commit him or her to jail, and shall, at the same time, issue a notice to the judge of the county court of his county, and also to some justice of the peace, which notice shall be served by the sheriff or some constable of the county, informing them of such commitnent, and state the time and place of trial, which shall not be less than ten, nor more than fifteen days from the date of said notice ; and the said justice who shall make the commitment, as aforesaid, and the judge of the county court, or if there be no judge of the county court, two justices of the peace, summoned as aforesaid, shall form a court to try and determine the said offence; and it shall be the duty of the magistrate to order the sheriff or coroner of his county to summon twenty-four jurors, to be and appear at the place and time appointed, for the trial of said offence, one-half of whom shall be slave-holders; and should the judge of the county court, or any justice summoned to attend said trial, fail to attend, any justice of the peace shall forthwith cause to be summoned two justices of the peace to be associated with him in forming said court, and may adjourn from day to day till the business before them is disposed of.
668. Out of the number of jurors summoned by the sheriff, there 1b, Sec. 3. shall be drawn twelve, who shall compose and be a jury for the trial for how of any one prosecuted under this act: Provided always, That the accused shall have the right of twelve peremptory challenges; and the state shall have the right of four peremptory challenges; and if the original panel should be exhausted by challenge or otherwise, so Challenges
by the accus. that a sufficient number be not left to compose a jury, the court shall end and by the order the sheriff to summon a sufficient number of talesmen from the state. by-slanders for that purpose. $69. In all trials had under this act, it shall be sufficient for the Ib. Sec. 4.
m i Written solicitor, or the counsel appointed by the court to prosecute, to writes
statement out a brief statement of the nature of the crime or misdemeanor by solicitor, charged against the defendant, and sign his name thereto ; and no in- without in. dicunent or presentment shall be necessary.
dictment or 70. If at any court held under this act, the solicitor of the circuit 'ro. Sec. 5. should not be present, the court shall appoint counsel to prosecute, concinnay whose fee, amounting to the sum of ten dollars, shall be paid by the counsel to state. And if the owner of any slave prosecuted under this act, shall Lefend, who not employ counsel to defend such slave, it shall be the duty of said shall receive
10 dolls. court to appoint counsel for that purpose, whose fee, amounting to the som of ten dollars, shall be paid by the owner of said slave; and if any free person of color prosecuted under this act, shall be unable to employ counsel to defend him or her, it shall be the duty of the court to appoint counsel for this purpose, whose fee, amounting to ten dollars, shall be paid out of the county treasury.
$71. It shall be the duty of the clerk to issue all subpænas or other 1). Sec. 6 legal process, as well for the defendant as the state, all of which shall Clerk to isbe executed by the sheriff; and the said clerk and sheriff shall receive sheriff to
serve subpoe. the same fees therefor, as now provided by law for similar services, ne and none other.
$72. If any slave or free person of color shall be found guilty 11. Sec. 7. under this act, it shall be the duty of the court to pronounce sentence Sentence and in the manner now prescribed by law, which sentence shall be carried into execution by the sheriff: Provided always, That if any slave or free person of color shall be found guilty of any capital crime,
there shall not be less than five nor more than ten days, between the day of passing sentence and the day of execution, except in cases of conspiracy, insurrection, or rebellion, when the sentence of the court may be executed forth with.
dent and in
1807—(32) § 1. When a person who may be a witness in any cause in any Sec. Ils... of the courts, shall reside out of this territory, or shall, by reason Depositions of non-resi. of age or bodily infirmity, or any other cause, be incapable of attend
ing, to give his or her testimony in court, oath thereof being inade to firm wit.
any judge, justice, or clerk of the court wherein such suit is depending, such judge, justice, or clerk is hereby empowered to issue, or order the clerk of the court wherein such cause is depending, to issue a commission to one or more persons, to take and receive the deposition of such witness; which being duly taken and returned, as here. inafler directed, shall be received as legal testimony: Provided, That the party praying such commission shall give such notice to the adverse party of the time and place, when and where such coinmission is to be executed, as the court, judge, justice, or clerk shall think proper; and the adverse party shall have liberty to cross-examine any
witness whose de position shall be so taken. Th. Sec. 12. § 2. If any person, who may be a witness in any cause, depending of witnesses in any of the said courts, shall be under the necessity of leaving this leave the ter. territory before such cause is to be tried, or even before it be at issue, ritory.
upon oath thereof being made before any judge or justice of the court, wherein the cause is deperiding, such judge or justice is hereby empowered to take the deposition of such witness, provided it shall appear by the oath of an indifferent person, that sufficient notice of the iime and place of such application has been given to the opposite party : or such judge or justice may order the clerk of the court wherein such cause is depending to issue a commission to one or more persons to take the deposition of such witness ; such notice being first given to the adverse party of the time and place, when and where such deposition is to be taken, as the judge or justice, awarding such conīmission, shall direct, which deposition, when returned, taken in
manner aforesaid, shall be received as legal evidence. (1) 16. Sec. 13. $ 3. In any case, depending as aforesaid, either party wishing to Testimony improve the testimony of witnesses absent from the territory, may of absent witnesses take the same by interrogatories, the party making oath before any may be taken one of the judges, justices, or clerk of the court, where such cause is by interroga
depending, of the absence of such witness, and that he believes his testimony material ; such judge, justice, or clerk may, if the oath be taken before the clerk, issue, or if it be taken before a judge or jus tice, inay order the clerk of the court, in which such cause is depending, to issue a commission as aforesaid, directing the commissioner or cominissioners to call the witness or witnesses before him or them, at a time and place, by him or them to be appointed. But the party applying for such dedimus shall file his interrogataries in the clerk's office, and serve the opposite party with a copy thereof, with notice of
(1) Depositions may be valid, though in the hand-writing of the attorney of the party offering them. Wynn & Wife v. Williams, Min. Rep. 136. No. tice of taking depositions, left at the dwelling-house of the party, with his clerk, is not sufficient. M'Ewen v. Morgan, 1 Stewt. Rep. 190. See also, Braham v. Debrell, ib. 14.