tember, and continue one week; of Perry, on the fifth Mondays after Perry. the fourth Mondays in March and September, and continue one week; of Wilcox, on the sixth Mondays after the fourth Mondays in Wilcox. March and September, and continue until the business is completed.

6. The third judicial circuit shall be composed of the counties 3d Circuit. of Greene, which shall commence on the first Mondays in March Greene. and September, and continue two weeks; of Tuscaloosa, on the Tuscaloosa. third Mondays in March and September, and continue two weeks;

of Shelby, on the second Mondays after the third Mondays in March Shelby and September, and continue one week; of Talladega, on the third Talladega. Mondays after the third Mondays in March and September, and continue one week; of Randolph, on the fourth Mondays after the third Randolph. Mondays in March and September, and continue one week; of Ben- Benton. ton, on the fifth Mondays after the third Mondays in March and September, and continue one week.

§ 7. The fourth circuit shall be composed of the counties of Lime- 4th Circuit. stone, which shall commence on the first Mondays in March and Limestone. September, and continue two weeks; of Lawrence, on the third Lawrence. Mondays in March and September, and continue two weeks; of Lau- Lauderdale. derdale, on the second Mondays after the third Mondays in March and September, and continue two weeks; of Franklin, on the Franklin. fourth Mondays after the third Mondays in March and September, and continue two weeks; of Marion, on the sixth Mondays after the third Marion. Mondays in March and September, and continue until the business is completed.

§8. The fifth circuit shall be composed of the counties of Morgan, 5th Circuit. which shall commence on the second Mondays in March and Septem- Morgan. ber, and continue one week; of Blount, on the third Mondays in Blount. March and September, and continue one week; of St. Clair, on the St. Clair. fourth Mondays in March and September, and continue one week; of Jackson. Jackson, on the first Mondays after the fourth Mondays in March and September, and continue two weeks; of Madison, on the third Mon- Madison. days after the fourth Mondays in March and September, and may continue until the business is completed.

§ 9. The sixth judicial circuit shall be composed of the counties of 6th Circuit. Butler, which shall commence on the first Mondays in March and Butler. September; of Covington, on the second Mondays in March and Sep- Covington. tember; of Dale, on the first Thursdays after the second Mondays in Dale. March and September; of Henry, on the third Mondays in March Henry. and September; of Barbour, on the fourth Mondays in March and Barbour. September; of Pike, on the first Mondays after the fourth Mondays Pike. in March and September; each of which courts may continue in session one week, except Covington and Dale, which may hold three days.

$10. The seventh judicial circuit shall be composed of the counties 7th Circuit. of Marengo, which shall commence on the first Mondays in April and Marengo. October, and continue one week; of Sumpter, on the second Mondays Sumpter. in April and October, and continue one week; of Pickens, on the Pickens. third Mondays in April and October, and continue one week; of Fay- Fayette. ette, on the fourth Mondays in April and October, and continue one week; of Walker, on the first Mondays after the fourth Mondays in Walker. April and October, and continue one week; of Jefferson, on the se- Jefferson. cond Mondays after the fourth Mondays in April and October, and continue one week.

§ 11. The eighth judicial circuit shall be composed of the coun- 8th Circuit. ties of Montgomery, which shall commence on the second Mondays Montgome in March and September, and continue two weeks; of Coosa, on the Coosa.

ry.

Tallapoosa. fourth Mondays in March and September; of Tallapoosa, on the first Chambers. Mondays after the fourth Mondays in March and September; of Chambers, on the second Mondays after the fourth Mondays in March and September; of Russell, on the third Mondays after the fourth Mondays in March and September; of Macon, on the fourth Mondays after the fourth Mondays in March and September; each of which courts, except Montgomery, shall continue one week.

Russell.
Macon.

Solicitors to

Except solicitor of 6th

circuit.

Where held.

1807-(17) Sec. 12.

[a 1819-(6)

Sec. 13.]
Special ses.

sions for the

trial of criminals.

1826-(38) Sec. 2.

Judges shall

for the dispo

ness.

§ 12. All solicitors who may at this time reside out of the limits of their respective circuits, as established by this law, are hereby per mitted to reside at their present places of residence until the expiration of their present term of service, except the solicitor of the sixth circuit, who is hereby authorized and required to perform the duties of solicit or of the eighth circuit during the remainder of his term of office.

§ 13. The said circuit courts shall be holden at the court-houses of the several counties respectively, or at such other places as may be appointed by law.

§14. A special session of any circuit court may be held by order of the judge or judges of the same, whenever it may be necessary for the trial of criminal causes: aand the said judges at their discretion shall have power, on the application of any person charged with a criminal offence, to hold a special session for the trial of such person; and the said judges shall direct the sheriff of the county in which such special session shall be holden, to return thereto twenty-four persons properly qualified to serve as jurors, who shall be selected in the manner now prescribed by law in such cases-any, or all of whom failing to attend, or being challenged or set aside, a jury of by-standers shall be empannelled for the trial of the cause.

§ 15. Whenever it shall become necessary by the existing law, that Extra cour the judge of any circuit should hold an intermediate court for any by any judge. county, any judge not presiding in that circuit may hold the same. Ib. Sec. 3. § 16. If it should so happen, that any of the circuit courts should not hold an inter- be able to dispose of all the business depending in any of said courts mediate term at their regular terms, it shall be the duty of the judge of the circuit sal of unfin- in which such undisposed of business may be, at a convenient time, ished busi- between the regular terms of said courts in which such undisposed of business may be, to hold a special term or terms of such courts, which term and time shall be fixed, and notice thereof given, at the preceding regular term by the presiding judge of said court, and notice thereof given, by order of said court, in some respectable newspaper, in or nearest to said circuit, to which intermediate court a jury shall be summoned as directed by law to the regular terms of said court, as well as witnesses, whose testimony may be desired in said court: To continue Provided, That the judge shall not be required to hold any one of only 2 weeks. said intermediate courts, longer than two weeks, which court shall be

considered a continuance of the regular term: Provided, That nothing in this act shall be construed to prevent any one of the circuit judges in this state, from holding any of such intermediate courts as may be To be devo- agreed on by them: Provided also, That said intermediate courts shall be devoted exclusively to the civil and chancery docket.

ted to the

civil and
chancery
docket.

Ib. Sec. 4.
Judge may

§ 17. Any judge of the circuit court, whenever he may deem it necessary, shall hold a special court for the trial of any slave or slaves. hold a special prosecuted for a capital offence, and for this purpose the clerk and court for the sheriff shall be ordered to summon twenty-five jurors to attend the said court, for the trial of such slave or slaves. 1

trial of

slaves.

1 See "Criminal Law,❞—§ 66.

18. It shall be the duty of the sheriff to summon three constables 1807—(14) to attend each circuit court, who shall attend accordingly, or pay a fine Sec. 10. at the discretion of the said court, not exceeding ten dollars.

Sheriff to summon 3

attend court.

Sec. 1.

territorial

§ 19. The territorial judges, and every one of them, shall have constables to power and authority, when, and as often as there may be occasion, to 1807—(19) issue forth writs of error, certiorari, and habeas corpus, and all other Powers and remedial and other writs and process returnable to either of the cir- duties of the cuit courts, and which are grantable by the judges, by virtue of their judges. office. They shall in their said courts, hear and determine all causes, matters, and things, cognizable in the same; and also hear and determine all, and all manner of pleas, plaints, and causes, which shall be removed or brought there from any court to be holden for the respective counties, and examine and correct all, and all manner of errors of the justices of the inferior courts, in their judgments, process, and proceedings in the said courts, as well in all pleas of the government, as in all pleas, real, personal, and mixed, and thereupon reverse or affirm the said judgments, as the law doth or shall direct. They shall also examine, correct, and punish the contempts, omissions, neglects, favors, corruptions, and defaults of all or any of the justices of the peace, sheriffs, coroners, clerks, and other officers within their respective counties; and shall award process for levying, as well such fines, forfeitures, and amercements, as shall be estreated into the superior courts, as the fines, forfeitures, and amercements, which shall be taxed and set there and not paid, to the uses to which they are or shall be appropriated; and generally, shall minister ample justice to all persons, and amply exercise the jurisdiction and powers herein mentioned, concerning all and singular the premises, according to law.

Territorial

assize, jail

20. The said territorial judges shall have power, from time to Ib. Sec. 6. time, to deliver the jails of all persons who shall be committed, for judges to be treasons, murders, and other crimes and misdemeanors whatsoever; justices of and for that end, from time to time, to issue forth such necessary pre- delivery, &c cepts and process, and force obedience thereto, as justices of assize, justice of oyer and terminer, and of jail-delivery, may or can do within the United States.

Court may

21. The said courts, and each of them, may grant judgment ac- b. Sec. 17. cording to the principles and usages of law, in all cases cognizable grant judg before them, and award execution, directed to the sheriff, or other ment and proper officer of any county in this territory, which shall be executed tion. and returned, according to the commands thereof.

award execu

Grand jury to be empan

offenders.

22. At each of the said circuit courts, a grand jury of a compe- b. Sec. 18. tent number of good and lawful men of the county for which such court is held, shall be returned and empannelled agreeably to law, who nelled. shall inquire and true presentments make of all crimes, offences, and misdemeanors committed in their county; and thereupon, the judge of Court to try the said circuit court, is hereby empowered, authorized, and required, to try all offenders so presented, and upon legal conviction by a jury, or on confession of guilt in open court, to proceed to judgment and award execution thereon as the law directs: Provided, That the judge of the Judge may circuit court may, at his discretion, on a point reserved, motion in points for the arrest of judgment, or for a new trial, in any criminal case, respite the supreme judgment or sentence, and reserve such point or motion for the consideration of the supreme court, at their next succeeding term; and in such case, the supreme court shall pronounce judgment, sentence, or decree, as the law directs, and award execution accordingly.

reserve

court.

Sec. 3.

§ 23. The circuit courts shall be holden by one judge, who shall 1819-(6) have been elected or appointed, and qualified, in manner and form pre- Court holden scribed by the constitution; and shall have cognizance and legal juris- by one judge.

court.

Powers of territorial, transferred

to circuit courts.

Jurisdiction diction of all pleas, real, personal, and mixed; and also of all suits of circuit and demands relative to legacies, filial portions, and estates of intestates; all pleas of the state, and criminal matters of what nature, degree, or denomination soever, whether brought before them by original or mesne process, or by certiorari, writ of error, appeal from any inferior court, or by any other ways or means whatsoever; and the cir cuit courts are hereby declared to have as full power and authority to give judgment, and to award execution, and all other necessary process thereupon, as heretofore belonged to the superior courts of law and equity in the territory; and to have use, exercise, and enjoy the same powers and authorities, rights, privileges and preeminences, as were had, used, exercised, and enjoyed, by the said superior courts heretofore; except where it is otherwise directed by this or some other act, or where such authorities, rights, privileges, or preemi nences, or any of them, may be inconsistent with, or repugnant to, the present form of government.

Ib. Sec. 4. Judge failing to attend,

sheriff shall

adjourn court from

Clerk shall

uance of

§ 24. Where any circuit judge shall fail to attend on the first day of any term, the business thereof shall stand adjourned until the second day; and if the judge shall fail to attend on the second day, the business shall stand adjourned until the third day; and if the judge does day to day. not attend before the hour of three o'clock in the evening of the third enter contin- day, it shall be the duty of the sheriff to adjourn all suits, causes, and prosecutions therein depending, to the next succeeding term of the cir cuit court; and the clerk of such court shall enter on his docket a continuance of all such suits and causes, and shall bind over all witnesses on behalf of the state, to appear at the next term of the said but parties court, unless previously bound over: Provided, That nothing herein contained shall be so construed as to prevent the parties from making up their pleadings on the appearance causes.

causes, and

bind over

witnesses,

may make up their pleadings.

Ib. Sec. 8.

Judges to be commission

ed by the go

vernor, and reside in

their respec

tive circuits.

Judges shall

alternate.

How.

Ib. Sec. 9.

Clerk may certify re

§ 25. When the circuit judges shall have been elected, in manner prescribed by the constitution, they shall be commissioned by the governor, and shall hold the circuit courts at the times and places desig nated and established by law; and shall reside within the circuit to which they may be severally elected; and in case of the removal of any such judge out of the circuit to which he is elected, his office shall be vacated thereby: Provided, That nothing in this act contained, shall be so construed as to prevent the interchange of ridings by such judges in their several circuits, in the manner hereafter pointed out, that is to say: the judges holding the courts aforesaid, shall so alternate, that no one judge shall hold the courts of the same circuit for two courts in succession, unless called on to do so by the judge whose duty it may be to hold such circuit, on account of sickness, or other inability to attend.

§ 26. When the clerk of any circuit court shall give a certified copy of any decree, judgment, record, or proceeding, of any superior court cords of supe of law and equity, heretofore existing, the papers and records of which transferred may be delivered to him, pursuant to the directions of this act, the

rior court,

to him.

same faith and credit shall be given to such certified copy, as to a cer tified copy of any record or proceeding of the circuit court, to which such clerk may belong; and it shall be the duty of the clerks of said superior courts of law and equity, to transfer all the proceedings, suits, and causes, within the same, to the circuit courts of the respective counties, in which such superior courts have been holden. § 27. The judges of the circuit courts within their respective circuits, shall set apart a particular day, or particular days, of each term, apart for tri- for the trial of criminal causes; and all fines inflicted and forfeitures nal causes. accruing in the several circuit courts, shall go to, and be applied to

Ib. Sec. 13. Certain days to be set

al of crimi

the use of the county in which they may be thus inflicted, or shall

accrue.

§28. The records of the respective courts within this state, for each preceding day of every session, shall be read in open court on the morning of the succeeding day, except on the last day of the term, on which day they shall be signed by the judge presiding in said

court.

b. Sec. 15.

Records to be read in open

court, and

signed by the judge.

Sec. 5.

29. The clerks of the superior courts of each county, shall de- 1819-(10) liver over to the clerks of the circuit court of the same, all records, Records of books, and papers, belonging to the office of clerks of the superior the former court, and the clerks of the said circuit courts respectively, shall keep courts, to be the same in their care, in the same manner as the other records and kept by the papers of their respective offices.

COUNTY COURT.

superior

clerks of the circuit courts.

Judges.

ment to con

Powers and

§ 1. There shall be elected by joint vote of both houses of the 1821-(4) general assembly, one judge of the county court, for each county in Sec. 2. this state, who shall hold his office for the term of six years. The [a Amend county courts so established and organized, and the judges thereof re- stitution, spectively shall be, and are hereby vested with all the powers and ju- 1830.] risdiction, and shall perform the duties, which now appertain to the duties of County courts in the first section of this act mentioned, and to the court. chief justice thereof, except in cases where it may be otherwise directed by this or any subsequent act :-Each judge shall, before entering on the duties of said office, before a justice of the peace, take and subscribe the following oath or affirmation, viz: "I, do Judges' solemnly swear (or affirm) that I will impartially and diligently, and oaths. without being influenced by fear, favor, or affection, faithfully execute the office of judge of the county court of county, to the best of my skill and ability, so long as I continue to hold the same;" and shall also take the other oaths required of public officers of this state, (which oaths by him so subscribed, he shall cause to be filed in the clerk's office of said court;) and shall enter into bond with good and Bond, sufficient security, to be approved of, and for such sum as may be directed by the judge of the circuit court, not less than five thousand dollars, payable to the governor for the time being, and his successors in office, conditioned for the faithful performance of the duties assigned him; which bond shall be filed in the office of the secretary of to be filed in state, subject to be sued on by any person or persons, for any injury, secretary of waste, or damage sustained in any estate, in consequence of any neglect or omission of taking good and sufficient security from guardians, executors, or administrators."

state's office.

and fees.

§ 2. The clerks of the inferior courts shall be clerks of the said . Sec. 4. County courts respectively, and shall duly enter all orders and decrees Clerk's duty made by their respective courts, or the judge thereof; issue all citations and other process which may be necessary, in proceedings before

1 The county court composed of five associate justices, to be elected by the legislature, by act of December 14, 1819, which succeeded to the powers and duties of the county and orphans' court, held by five justices, appointed and commissioned by the governor, pursuant to the act of February, 1807, Sec. 11. The five justices were required to elect one of their own number to preside, who was to be styled "Chief Justice," Sec. 40.

The judge's bond, before being transmitted to the secretary of state, must be recorded in the office of the clerk of the circuit court. See "County Officers," 16.