of the quorum shall refuse or neglect to attend for the aforesaid purpose, having been by the sheriff thereunto required, then it shall be the duty of the clerk and sheriff to draw the same, and the clerk shall issue a venire facias for the jurors so drawn, as if the same had been done in open court. Jurors, in how sup § 10. If at the time any jurors are drawn by lot from the jury-box Ib. Sec. 7. as directed by this act, it shall satisfactorily appear to the officers case of death drawing the same, that the persons drawn, or any of them, have re- or removal, moved from the county, or are deceased since the jury list was made plied. out, then, in such cases, the tickets so drawn shall not be included in the number of jurors directed by this act to be drawn, but they shall proceed to draw other jurors until the number is complete, as directed by law. Certain per § 11. All persons who have made the first payment on purchase of Ib. Sec. 8. lands from the United States, together with donation and preemption sons to be claimants, shall be deemed and held to all the purposes of this act, deemed freefreeholders. holders. Sec. 1. Traverse ju sworn for § 12. The clerks of the superior courts shall, on the first day of each 1814—(6) term, administer the following oath to the traverse jurors, who shall be attending on said court, to wit: "You and each of you do solemn- rors to be ly swear, (or affirm as the case may be,) that you will well and truly the term, try all issues which shall be submitted to you, and left to your decision by the court, during the present term, and true verdicts give according to the evidence: so help you God." Which oath or affirmation shall authorize the said jury to try all issues that may be sub mitted to them, during that term of the court; and talesmen, if any be and talesmen summoned, shall in like manner take an oath to try all issues which for the day. may be submitted to them during the day. Sec. 12. Jurors' com any mo- pensation. 13. Each grand juror, and juror of the original pannel shall be 1820-(28) entitled to receive one dollar per day, for each day's attendance at (a 1823-(32) said courts; and four cents per mile in going to, and returning Sec. 5.1 from said courts, and ferriages: which shall be paid out of neys in the county treasury, on the certificate of the clerk of his having served as such, in which shall be stated the number of days [b 1815—(5) Sec. 1.] which such person attended as a juror, and the sum to which he is entitled, which certificate the clerk of said court is hereby required to issue accordingly :—and in case there should not be funds in the coun- How paid. ty treasury for the payment of such demands, the certificate of such juror shall be receivable by the collector of taxes for county purposes, in their respective counties. § 14. It shall be lawful for any defaulting juror, on a scire facias 1821—(32) made known to him, to make his excuse in writing, on oath, at the Se Defaulting return term of said scire facias, on any day of the term, and if it shall jurors may appear to the court a sufficient excuse is rendered, the defaulting juror use on oath shall be discharged without payment of costs. render ex in writing, 15. Nothing in this act shall be so construed as to prevent any Ib. Sec. 2. defaulting juror from giving testimony viva voce in open court, touch- or viva voce ing his excuse for nonattendance. in court. Sec. 1. than one § 16. From and after the passage of this act, there shall be drawn 1823—(32) in the mode now prescribed by law, forty-eight jurors, in each county where court in this state, where the circuit court shall sit more than one week, who sits more shall be summoned to attend on the first day of the term of the court, week, fortyand who shall serve during six days, and shall then be discharged. eight jurors § 17. At the same time of drawing jurors mentioned in the first sec- for first tion of this act, there shall be twenty-four other jurors drawn, who week shall be summoned by the sheriff to attend on the first day of the Twenty-four to be drawn Ib. Sec. 2. jurors for the second week of the term; who shall also serve six days, and be then discharged. second week, Ib. Sec. 3. and twenty § 18. Where any of the circuit courts shall continue in session for four for each a longer term than two weeks, twenty-four jurors shall be drawn and summoned in like manner, to attend each week the court may so continue in session. additional week. Ib. Sec. 4. § 19. There shall be drawn in the mode now prescribed by law, jurors where forty-eight jurors in each county in this state, where the circuit court shall sit for one week; who shall be summoned to attend as now prescribed by law. court con tinues only one week. Ib. Sec. 7. Talesmen detained more than § 20. Áll talesmen who shall serve more than one day on the same issue, shall be entitled to prove their service, and receive the same one day on per diem pay that is now allowed to those of the original venire same issue, to facias. be paid. Sec. 1. 1826-(21) § 21. The grand jury empannelled for any county, shall not be detained more than four days, unless cause be shown to the court for Grand juries, 'such detention. when dis- Sec. 1. county court, ers, &c., to select from list of free holders and household § 22. Immediately after the sheriff of any county shall have returned to the clerk of the circuit court, in and for such county, the list of freeholders and householders within his county, it shall be the duty of commission the judge of the county court for said county, the commissioners of revenue and roads, the clerk of the circuit court, and sheriff of the said county, to assemble at the court-house of said county, on a day to be appointed by the clerk of said circuit court, and to select from the list of freeholders and householders, returned by the sheriff, such persons as they, or a majority of them, may deem qualified to serve on juries, and the names of the persons so selected, shall be put into a box to be kept by the clerk for that purpose; and the persons who shall be selected in manner aforesaid, shall be liable to serve on juries, and shall be chosen in the manner now prescribed by law. ers, persons qualified to serve on ju ries. Ib. Sec. 2. Clerk to give notice. § 23. It shall be the duty of the clerk of the circuit court in each county, immediately after the sheriff shall have returned to him a list of the freeholders and householders, to give notice of the time by him appointed, to the persons who are by this act required to assemble: Should the and if in any county, the judge of the county court, the clerk of the circuit court, the sheriff of the county, and the commissioners of reve nue and roads, shall fail to select persons to serve on juries in the manner directed by this act, the juries for such counties shall be chosen in the manner prescribed by law, prior to the passage of this judge, &c., fail, clerk and sheriff to draw jury as formerly. 1826-(31) Sec. 1. been drawn, act. § 24. Where it shall appear that jurymen have not been drawn and summoned in the manner prescribed by law, or do not attend, the rors have not court may direct the sheriff, or other attending officer, in case of his or fail to at- absence or inability to serve, to empannel a jury instanter of such tend, a jury persons as are by law qualified to serve on juries, and can be conve niently summoned; and may, from day to day, empannel juries of the by-standers, for the despatch of the business before the court. may be impannelled forthwith. 1828-(10) Sec. 1. § 25. In all cases where the term of holding the circuit courts for Where term any county in this state has been by law extended, and no provision has been ex- made for having a jury in attendance, it shall be the duty of the judge may be con- holding such court, if need be, to continue the jury in attendance unul tended, jury tinued the end of the term. throughout. 1833-(14) Sec. 1. Jurors for § 26. The judge of the county court, the clerk of the circuit court, and the sheriff of the county, shall cause to be drawn twelve persons, the county who shall be summoned to attend as jurors at each term of the county court; which jurors shall be drawn and summoned in the same manner, and shall receive the same compensation, and be subject to the court. Their com pensation and liabilities. same liabilities as jurors who are summoned to attend the circuit courts. Talesmen. § 27. Nothing in this act shall prevent the sheriff from summoning Ib. Sec. 2. tales jurors, when necessary, in addition to the original pannel, as authorized by the first section of this act; nor shall anything herein Proviso. contained be construed to extend to any county now specially provided for by law.. Jurors in when validi 28. When the validity of any will shall be contested in any county 1833—(17) court, it shall be the duty of the judge of said court, at the request of Sots either party, to cause fifteen jurors to be drawn and summoned for county court the trial of such contest in the same manner that jurors are drawn and ty of will is summoned for the circuit courts; and if, out of the number so drawn contested. and summoned, a sufficient number shall not appear, or if by challenges a sufficient number should not be left to form a jury, the sheriff shall be directed to summon instanter, a sufficient number from the by-standers. Their com § 29. The jurors drawn and summoned under this act, shall each be Ib. Sec. 2. entitled to the sum of seventy-five cents per day for every day they pensation. may attend, to be paid by the successful party, before the verdict shall be recorded and to be afterwards taxed in the bill of costs, and col- How taxed. lected as the other costs. JUSTICES OF THE PEACE, AND CONSTABLES. Art. 5. ment of jus § 1. A COMPETENT number of justices of the peace shall be appoint-Con. Ala. ed in and for each county, in such mode, and for such term of office, Sec. 10. as the general assembly may direct. Their jurisdiction in civil cases Appoint shall be limited to causes in which the amount in controversy shall tices. not exceed fifty dollars. And in all cases tried by a justice of the Jurisdiction. Appeals. peace, right of appeal shall be secured, under such rules and regulations as may be prescribed by law. December. stable to be § 2. There shall be elected by the qualified electors within the 1822-(28) limits of each captain's company in the several counties in this state, two justices of the peace and one constable, who shall hold their offices for and during the term of three years from the time of such [a 1827-(9) Sec. 3.] election, and until their successors shall be duty qualified-which Two justices elections shall be holden by the commanding officer of each company, and one conand two freeholders or householders as he may appoint, on the first elected in Monday of March next. And it shall be the duty of the persons su- tain's beat, perintending the elections as aforesaid, to make return of the persons once in three elected, to the clerk of the county court, bstating how the vacancy oc- [b 1828-(24) curred, if to fill a vacancy, or that the appointment is an original one, Sec. 2.] and the clerk shall certify the same to the governor for commissions. each cap years. year. § 3. It shall be the duty of each commanding officer, at the expi- Elections ration of every term of three years from the first day of March next, every third to hold an election for two justices of the peace and one constable, as prescribed in the first section of this act. tain to give tice, and hold election. §4. It shall be the duty of each commanding officer, whenever any In case of vacancy occurs in his company, by death, resignation, or otherwise, vacancy.cap. in the office of justice of the peace or constable, immediately to noti- ten days' nofy his company of the same, and call them together by advertisement, giving ten days' notice, for the purpose of holding an election to fill such vacancy; which election shall be holden by the commanding officer aforesaid, and two freeholders or householders, as he may appoint; and the person elected shall hold his office for the residue of 1827-(9) Sec. 2.] official term. Penalty Election for the time for which his predecessor was elected; and if any captain residue of or commanding officer, shall fail or neglect for the space of one month [a 1833-(18) to cause the said election to be held as required in this and the preSec. 1.] ceding section, he shall be liable to a penalty of twenty dollars, to be against cap recovered before any justice of the peace of the county, by any one glect to hold who will sue for the same; which penalty may in like manner be recovered against him at the expiration of each period of one month, computing from the first recovery, so long as an election for justice of the peace or constable shall be deferred by his neglect. tain for ne election. 1829--(3) Sec. 1. Justice or ercising his office after the beat, sub ty of forty dollars. § 5. If any person who may have been, or may hereafter be elected to the office of justice of the peace or constable, for any county in this constable ex- state, and may thereafter move out of the captain's beat in which he may have been elected, after such removal shall discharge any act or removal from duty pertaining or belonging to any such office, by reason, or under ject to penal pretence of color or right to act in said office, by reason of having been so elected as aforesaid, such person so offending against the provisions of this act, shall forfeit and pay the sum of forty dollars, for every act so illegally done and performed by him, to be recovered by action of debt, before any justice of the peace of the proper county; one moiety to the use of the party aggrieved, and the other to the use Not to apply of the poor of the proper county, with costs of suit: Provided, That the provisions of this act shall not be construed to apply to justices of the peace and constables of the city of Mobile, who leave the city during the summer months for their health. to justices and consta bles of Mo bile. 1807-(3) Sec. 2. 6. Any justice of the peace may, in cases where there is no conIn case of va- stable in his district, either from death, removal, or otherwise, authocancy, jus- rize some person to execute the duties of constable until such vacancy point a con- is filled. tice may ap stable till filled. 16. Sec. 3. Duties of constable. § 7. It shall be the duty of the constables of the several counties to serve all warrants, summonses, executions, and other process to them directed by lawful authority, agreeably to the tenor thereof, and make due returns of the same and if any constable shall fail to exe cute and make return, or to pay to, or account with any person for whom he may have received money, or to return the same to the justice issuing the warrant or execution, within ten days after the receipt thereof, the person so injured as aforesaid may, upon application to any justice within the district, obtain a warrant against him, and liable for de- such justice shall, upon proof thereof, award judgment and excution for the same, and all costs against such constables, and also fine him for such abuse, in a sum not exceeding ten per cent. on the amount so withheld; and in case of neglect or refusal to serve and return any warrant or summons as aforesaid, may fine the constable so offending in a sum not exceeding the sum due by the defendant. How made faults. Ib. Sec. 18. Justice, on emergencies, § 8. In case of emergency, any justice may authorize some repu table person to execute a process, although not commissioned as aforemay depute said, and without giving bond and security. person to execute pro cess. 1819 (14) Sec. 3. Constable to give bond. § 9. It shall be the duty of the constables elected in the several counties in this state, before they enter on the discharge of the duties of their office, to enter into bond with sufficient security, to be approved of by the justice or chairman of the county courts respective ly, payable to the governor for the time being and his successors in office, in the sum of one thousand dollars, for the faithful performance of the duties of their office; and every constable failing to give bond for every off. as herein directed, shall forfeit and pay, for every act he shall perform cial act with as constable, the sum of fifty dollars, to be recovered before any court of competent jurisdiction, one-half to the use of the person who may sue for the same, and the other half to the use of the county in which Penalty of fifty dollars out bond. renewed yearly, or he may be so elected; and said constables shall annually renew their Bond to be bonds, or on failure therein, the chief justice or chairman as aforesaid, respectively, shall give notice thereof to the commanding officer of the judge of the district for which the defaulting constable has been elected, who shall proceed to elect another person in his place, in the same manner as commanding hereinbefore provided in case of vacancy.1 county court to notify officer of va cancy. LAWS. Art. 1, Sec. 15. 1. No power of suspending laws shall be exercised, except by Con. Ala. the general assembly, or its authority. §2. No ex post facto law, nor law impairing the obligation of con- Laws, how tracts, shall be made. suspended. Ib. Sec. 19. laws. Sec. 5. § 3. All laws and parts of laws now in force in the Alabama terri- Ex post facto tory, which are not repugnant to the provisions of this constitution, Ib. Schedule, shall continue and remain in force as the laws of this state, until they Territorial expire by their own limitation, or shall be altered or repealed by the laws conlegislature thereof. firmed. Laws to be promulgated § 4. Within five years after the adoption of this constitution, the Ib. Art. 6, body of our laws, civil and criminal, shall be revised, digested, and Sec. 20 arranged under proper heads, and promulgated in such manner as the digested and general assembly may direct; and a like revision, digest, and promul- every ten gation, shall be made within every subsequent period of ten years. years. § 5. The digest of the statute laws of this state made by John G. 1833-(43) Aikin, is hereby established; and all laws of a general and public na- Aikin's Diture passed previous to the present or late called session of the legis-gest establature, and not included in said digest, (except the laws relating to Repeal of county boundaries,) are hereby repealed from and after the first day of laws not inJanuary next. Sec. 1. lished. cluded. 3000 copies to be printed. How distri buted. § 6. There shall be printed and bound three thousand copies of the Ib. Sec. 4. digest of the laws of this state, which, when completed, shall be disposed of, and distributed in the manner following, to wit: After reserving fifty copies in the office of the secretary of state for the use of the members of the general assembly, to the secretary of state of the United States, four copies; to the executive of each of the states of the Union, one copy; to the governor of this state, the comptroller, treasurer, secretary of state, each of the judges of the supreme, circuit and county courts, one copy; to each of the clerks of the circuit and county courts, one copy, to be kept by them for the use of their respective courts in their respective counties; to the attorney general, and each of the solicitors of the state, one copy; to each justice of Justices rethe peace, one copy, who shall receive the same upon application to ceiving Dithe clerk of the county court of the county in which he resides, and bond. shall execute and deposit with the clerk aforesaid, his receipt, that at the expiration of his term of service, or at the time he shall cease to exercise the duties of his office, he will return the same to the clerk of the county court, which receipt shall be filed in the office of the clerk of the county court of his county; the residue of the said copies shall be sold at the price of two dollars and fifty cents per copy, in the manner following: There shall be appointed by the governor in Governor to each county in this state suitable agents to dispose of the same; and appoint 1 The duties imposed on constables by this act, and not included under this title, will be found under the heads of "Executions," and "Judicial Proceedings by Justices-Bail." gest to give agents to sell. |
