Agent's bond. Ib. Sec. 5. each agent shall give bond payable to the governor and his successors in office, to be deposited in the office of the secretary of state, conditioned to account to the state for all moneys which he may receive from the sale of said books, and pay the same into the state treasury. § 7. "An Act to enable the people of the Alabama territory to form ters to be in a constitution and state government, and for the admission of such cluded in the state into the Union, on an equal footing with the original states;" Digest. the Declaration of Independence; the Constitution of the United States, and of the state of Alabama, shall also be printed and bound up in said digest. Ib. Sec. 7. § 8. So soon as said work is completed, it shall be the duty of the state to dis- secretary of state, to cause it to be distributed as the laws and jour tribute. nals now are. NOTE.-The Comptroller is required to have the revenue laws printed and distributed every year, immediately after the adjournment of the general assembly. See "Financial Department,"-§ 15. Laws of other states, and of the United States, how authenticated:-See "Judicial proceedings at Common Law-Trial and Evidence." Private acts may be given in evidence from the printed statute book, without being spe cially pleaded-See the same title. 1822-(15) Sec. 1. LAWS AND JOURNALS. § 1. THERE shall be a state printer elected annually, by a joint vote a 1833-(6) of both houses of the general assembly, awhose term of service shall State print commence on the eighteenth day of January, in each and every year, er's election and shall continue for twelve months. and term of Ib. Sec. 3. § 2. Before entering on the duties of his or their station, he or they shall enter into bond payable to the governor of the state, and his successors in office, with at least two approved sureties, in the penal sum of five thousand dollars, conditioned in substance, as follows: "The condition of the above obligation is such, that whereas A. B. has been elected state printer for the state of Alabama, for one year, from and after the eighteenth day of January: Now, if the said A. B. shall well and truly perform all the duties which, by law, appertain to the office aforesaid, during the time for which he was elected, then the said obligation to be void, else to remain in full force and virtue;" which bond shall be deposited in the office of the secretary of state. § 3. It shall be the duty of the printer so appointed, to print and 1-23-(39) & publish two thousand two hundred copies of the acts and resolutions, consolidated, one thousand copies of the journal of the house of representatives, State printer and seven hundred and fifty copies of the journal of the senate; and to do all the printing that may be ordered for the use of either branch of the general assembly, when in session; also whatever printing may be necessary for the executive office, the office of secretary of the general state, the comptroller's office, and the treasurer's office, for the cur assembly and rent year. state officers. Denomina 1823-(15) & 1833-(2) to print the laws and journals, and whatever may be necessary for § 4. The acts and resolutions of the general assembly, shall be tion of type. printed with type of the denomination of small pica, the marginal notes thereof affixed with brevier, and the captions thereof in italic of 1 The act of 1828, provides "that the state printer shall within ten days after his election give bond, &c. and on failure so to give bond, the office shall be vacated, and the general assembly shall proceed to elect another in the manner prescribed by law." the size of small pica; and the journals of each house with small pica, and published as hereinafter directed. laws and 5. The secretary of state shall, within ten days after the rising of Secretary of the general assembly, deliver to the printer so elected, a fair copy of state to furnish printer the acts and resolutions thereof, affixing thereunto proper marginal with copy of notes, stating the purport of each section; also, within twenty-five journals, days thereafter, deliver to the printer a fair copy of the journals of each house of the general assembly, and also direct the printer in what and direct manner and how the acts of the general assembly and the journals of distribution. each house are to be distributed. be arranged. § 6. It shall be the duty of the secretary of state, in preparing the Laws, how to laws passed at each session of the general assembly for publication, to arrange them in two divisions; the first division to embrace all such as are general and public; the second, those which are local or private; and to provide a separate index for each division. The laws and acts in each division, shall be inserted in the exact chronological order in which they have been approved, and numbered consecutively, commencing from the first law or act in each division. distributed 7. Within seventy-five days after the end of each session of the Laws to be general assembly, the printer shall deliver to the clerk of the county within seor circuit court of each and every county in this state, the number of venty-five days after the copies of the acts and resolutions as directed by the secretary of state, session, substantially stitched together in one pamphlet: also the number to be directed to be delivered to the secretary of state, with such number of copies covered with boards, as may be necessary for an interchange of laws with our sister states, as is hereinafter provided for: and the and journals printer shall, within thirty-five days after the time given for the com- within thir pletion of the acts aforesaid, in like manner deliver the number of co- thereafter. pies of the journals of each house as directed, collected and stitched together, the journals of each house in one pamphlet. ty-five days whom distri buted. 8. It shall be the duty of the secretary of state to retain, for the Laws, to use of the executive officers and the two branches of the general assembly, fifty copies of the acts and resolutions of each session, and shall cause to be transmitted to the secretary of state of the United States, four copies, and to the executive officers of the several states, one copy each; with a request that they send to the executive of this state, in exchange, as many copies of their laws or session acts; and shall direct a distribution to be made in the following manner, that is to say: to the comptroller of public accounts, one copy: to the treasurer of the state, one copy; one to each of the judges of the supreme and acir- [a 1833——(13) enit courts; one to the attorney general; one to the quarter-master Sec. 1.] general; one to each solicitor; and to the clerks of the several courts of the several counties in the state, in proportion to the population of each county, agreeably to the enumeration last before made; and the clerks of the several counties shall, upon the receipt of said pamphlets, distribute the same in the manner following, to wit: to each member of the general assembly from the county, one copy; and to every civil officer, (including commissioners of revenue and roads,) [b 1830-(20) Sec. 3.] one copy. And the secretary of state shall also retain fifty copies of the journals of each house, for the use of the executive and general whom distri assembly, and shall direct the residue to be distributed to the several officers of the state hereinbefore mentioned, one copy each; one thereof to the secretary of the senate; one to the clerk of the house of representatives; and to the clerks of the several circuit courts of the several counties, in proportion to the population of each; and the clerks of the counties respectively shall distribute the same as follows: Journals, to buted. 1824--(28) Sec. 1. Journals to to each member of the general assembly from the county, one copy; and to each justice of the peace, one copy. § 9. It shall be the duty of the judges of the county courts in the several counties immediately on the receipt of the journals of the be deposited senate and of the house of representatives, to cause the same to be deposited at the several places appointed for holding elections for senators and representatives, in proportion to the number of votes given in at each election precinct. at the election precincts. Th. Sec. 2. Judge may draw on the § 10. The judges of the several county courts are authorized to draw on the county treasurer of their respective counties, for such county trea- amount as may be necessary to carry this act into effect: and it shall be the duty of the county treasurers, respectively, to pay the sum so drawn for, out of any money in the treasury not otherwise appropriated. surer for ne cessary ex penses. 1892-(15) Sec. 7. State printer's salary, how paid. Proviso. 1829-(1) Sec. 1. Salary 2500 dollars. [a 1833-(6) Sec. 2.] § 11. The public printer shall receive his salary in the following manner, to wit: one half on the delivery to the secretary of state, of the receipts of the clerks of the several county or circuit courts in this state, showing that the number of copies of acts and resolutions directed by law, was received by them respectively, within the time limited for the delivery of them, and the number required by law to be deposited in the executive office; and the remainder on the delivery of the receipts of said clerks for the journals of the two houses, showing that the number of copies of the journals of each house directed by law, was received by them respectively, within the time limited for the delivery of them, and his having deposited the number of said journals required to be deposited in the executive office: Provided, That the receipt of the judge of the county court of any county in which there may be no clerk of the courts aforesaid, or of the sheriff thereof, if there be no such judge, shall be as sufficient as the receipts of the said clerks. § 12. The state printer elected in pursuance of law, shall be entitled to receive the sum of two thousand five hundred dollars; Provi ded, Said printer accurately print and distribute the laws, resolutions, memorials and journals; five hundred dollars of which salary shall become payable by the adjournment of the general assembly, and the balance as now provided for by law, except three hundred dollars, which shall be retained until the expiration of the year for which he shall be elected. 1828-(32) furnish the LAWS OF THE UNITED STATES. § 1. It shall be the duty of the governor, and his successors in Governor to office, to procure, or cause to be procured, for the use of the citizens clerk of each of the several counties in this state, a sufficient number of copies of county court the acts of the present and subsequent sessions of the congress of the of the acts of United States, to furnish one to the offices of the clerks of the several county courts in this state, there to be kept for the use of the citizens of the respective counties. with a copy congress. 1831-(5) Sec. 1. cause the acts of con. gress to be § 2. It shall be the duty of the secretary of state, at the time he Secretary to may distribute the acts and journals of the general assembly, to distribute the acts of the congress of the United States, which may be in his office, among the several counties of this state, according to the distributed at ratio by which the acts and journals of the general assembly are distime with the tributed: Provided, That each county shall be entitled to at least one copy, which shall be retained in the office of the clerk of the county the same laws and journals. C court, for the use of the county; and at least ten copies shall be retained in the office of the secretary of state. MARRIAGE. solemnize testimonials. § 1. ANY one of the territorial judges, any ordained or licensed 1805 (1) [a 1821-(2) minister of the gospel, and any justice of the peace within the county Sec. 1.] in which such justice is assigned to keep the peace, may solemnize Who may the rites of matrimony between any free persons within this territory, the rites of who shall produce a license as hereinafter directed: Provided, That matrimony. such minister shall have produced to the orphans' court of some county in this territory, credentials of his ordination or license, and of his being in regular communion with the Christian society of which he is a member; and have obtained from such court a testimonial authoriz- Ministers' ing him to solemnize the rites of matrimony in this territory; which testimonial shall be granted at the discretion of said court, and recorded by the register in a book to be kept for that purpose, and also for the purpose of recording therein all marriage licenses, consent of parents and guardians, and certificates of the solemnization of marriages. § 2. It shall be lawful for every pastor of any religious society in Marriages by this territory, to join together in marriage, such persons as are of the of religious society, according to the rules and customs established by such socie- societies. ty to which they belong: Provided, That the clerk or the keeper of Clerk of sothe minutes, proceedings, or other books of the religious society ciety to cerwherein such marriage shall be had and solemnized, shall make a true ages to or and faithful register of all marriages solemnized in the society, in a book by him kept, and return a certificate of the same to the register of the orphans' court, to be by him entered in his book kept for that purpose. the customs tify marri. phans' court. 3. Such book of marriages so kept by the respective registers of Registry of the orphans' court, and by the clerks of such religious societies as are be received as marriages to authorized to solemnize marriages by the preceding section of this evidence in act, shall be admitted as evidence in all the courts of law and equity in this territory. courts. § 4. It shall be lawful for the people called Quakers, and Menonists, Quakers, &c. or any other Christian society that have adopted similar regulations in their church, to solemnize their own marriages, and be joined together as man and wife by the mutual consent of the parties, openly published and declared before their congregation, when convened for religious worship, in manner, and agreeably to the regulations heretofore practised in their respective societies. be issued by court. 5. Marriage licenses shall be granted and issued by the register of Licenses to the orphans' court of the county in which the female usually resides, the register of under the following regulations and restrictions: the register shall the orphans' take a bond with sufficient security in the penal sum of two hundred Under what dollars, payable to the governor of this territory, for the time being, and restrictions. his successors in office, for the use of the territory, conditioned, that there is no lawful cause to obstruct the marriage for which such license is required; and if the male intending to marry be under the Consent of age of twenty-one years, or the female under the age of eighteen years, parents and guardians. the consent of the parent or guardian of such infant shall be personally given before the said register, or due proof made to him by the oath of at least one credible witness, (which oath the said register is hereby authorized to administer,) that such parent or guardian did sign a certificate then produced, giving his consent for the celebration of such Penalty of 500 dollars for issuing license ille gally. Penalty of cense, &c., marriage whereupon the said register shall record the consent per sonally given as aforesaid, or the certificate thereof proved as aforesaid, and issue a license, and record the same, directed to any judge, minister, or justice, lawfully authorized to celebrate the rites of matrimony. And if any register shall issue any marriage license without the requisites before prescribed, or in any other manner than above mentioned, such register shall, for each offence, forfeit and pay five hundred dollars, recoverable by action of debt in any court having cognizance thereof, one-half to the use of the territory, and the other half to the use of the person suing for the same. § 6. If any judge, minister, or justice, shall join any persons toge 1000 dollars ther as man and wife, without lawful license, as by this act required, for marrying without li or go out of the territory and marry persons belonging to the territory, without such license, such judge, minister, or justice shall, in either case, forfeit and pay the sum of one thousand dollars, to be recovered by action of debt; one-half to the use of the territory, and the other half to the use of the person suing for the same. &c. Judges, &c., certificate of of orphans' court. § 7. A certificate of every marriage hereafter solemnized, signed by to transmit the judge, minister, or justice, celebrating the same, (or in case of marriage to Quakers, Menonists, and other societies that solemnize their marriage the register by consent of parties, taken in open congregation as aforesaid, by the clerk of the meeting,) shall be transmitted by such judge, minister, justice, or clerk, as the case may be, to the register of the orphans' court of the county wherein the marriage is solemnized, to be recorded within six months thereafter by the register; an exemplification of which shall be evidence of such marriage. And the register shall receive for his services, for taking bond, consent of parents or guardians, and recording the same, granting and recording license, and marriage certificate, the sum of two dollars, to be paid at the time of issuing such license. And every judge, minister, justice, or clerk of a congregation, as the case may be, failing to transmit such certificate to the register, within the time above prescribed, shall forfeit and pay the sum of fifty dollars, to any person who will sue for the same. Register's fees. Penalty of fifty dollars for not re turning cer tificate. Degrees within which per sons shall not marry. § 8. If any person shall marry within the following degrees, that is to say if the son shall marry his mother or step-mother, the brother his sister, the father his daughter, or his daughter's daughter, or if the son shall marry the daughter begotten and born of his stepmother; or his aunt, being his father's or mother's sister; or marry his uncle's widow; or if the father shall marry his son's widow or if any man shall marry his wife's daughter, or his wife's son's daughter, or his wife's daughter's daughter; such persons so unlawfully married, shall be prosecuted by indictment; and on conviction, shall be fined not Persons mar- exceeding five hundred dollars, to the use of the territory. And the court, on conviction as aforesaid, shall moreover declare such marriage indicted, and null and void to all intents and purposes; and may, at their discretion, marriage decause the parties so separated, to enter into a recognizance, with secu clared voidbut issue not rity, that they will not cohabit thereafter: Provided, That nothing bastardized. herein contained shall be so construed as to render illegitimate the issue of any such marriage, begotten before the same is so annulled. § 9. All marriages which were solemnized without license, in any Sec. 1. county of this territory, before the organization of the same, are here riages legal. by made lawful and obligatory in all respects, and the offspring of such marriages are hereby made legitimate to all legal intents and purposes. rying unlaw. fully, to be 1818-(12) Certain mar ized. 1821-(2) Sec. 2. § 10. All marriages which may have been solemnized by any licensed Marriages by minister, are hereby declared to be legal. licensed min isters. |
