recorded. for the faithful performance of his duties; which obligation shall be recorded in the office of the clerk of the county court, within the Bond to be county where the notary may reside, and may be sued by any party or parties injured, in like manner, and with like effect, as bonds Liability on given by sheriffs and coroners, for the faithful execution of their respcetive offices. bond. 1814-(17) Where there § 8. Where there is no notary public, or where the notary is absent or incapable of acting, any justice of the peace may discharge the Sec. 28. duties required of such notary by the acts of this territory, for which is no notary he shall receive the fees allowed by law for such services. public, or he cannot act, as such. Notarial pro § 9. The protest of a notary public which shall set forth a demand, justice to act refusal, non-acceptance, or non-payment of any inland bill of exchange, 1828-(23) or other protestable security for money or other thing, and that legal Sec. 1. notice, expressing in the said protest the time when given of such fact test to be evior facts, was personally, or through the post-office, given to any dence of the of the parties entitled by law to notice, shall be evidence of the facts ports to conit purports to contain, aud entitle the holder of such security to the tain. damages to which by law he may be entitled. NOTE. For Notaries' Fees-See "Fees,"-p. 189. facts it pur NOTES, BILLS, AND BONDS. Sec. 2. § 1. WHENEVER any receipt shall be signed by the owner or owners 1807—(1) of any cotton-gin or gins, or by their servant or agent who is usually Cotton reentrusted to sign such receipts, commonly called "cotton" receipts, ceipts. whereby such owner or owners, his, her, or their servant or agent, shall acknowledge to have received any quantity of cotton; the quan-tity of cotton mentioned in such receipt shall be construed to be, by virtue thereof, due and payable to the person or persons of whom the same is acknowledged to have been received. And such cotton receipt shall be assignable over in like manner as promissory notes are How assign by the foregoing section of this law. And the person or persons to whom such cotton receipt is assigned or endorsed, may maintain an Assignee's action against the owner or owners of any cotton-gin, his, her, or their servant or agent, who signed such cotton receipt, or any who may have endorsed the same, as in cases of promissory notes aforesaid, and recover damages and costs of suit. able. right of action. Cotton receipts, how strued, and § 2. All cotton receipts given by gin-holders, in which no time of th. Sec. 3. payment or delivery of the cotton therein mentioned is expressed or limited, shall be taken and construed to be payable or deliverable to be conwithin four months from the date or delivery of such receipts: and on how recoverthe non-payment or non-delivery of any cotton specified in any re able. ceipt, expressing the time of payment or delivery thereof, at the time so expressed; or on the non-payment or on the non-delivery of any cotton specified in any receipt not expressing the time of payment or delivery thereof, at the expiration of the said four months; the legal holder or holders of such cotton receipt shall, in either case, after lawful demand made, be entitled to recover twenty per centum damages, on the value of the cotton specified in such receipt, with costs of suit: Provided, That if any owner of a gin shall deliver the full amount of any cotton due on any such receipt, within fifteen days after lawful demand shall have been made by the legal holder of such receipt, or 1 "As inland bills of exchange are by custom of merchants in England.” Ib. Sec. 4. Holder not entitled to sue drawer until after non-accept. ance by the drawee, and notice thereof to the drawer. Ib. Sec. 5. Damages on protested bills. Ib. Sec. 6. on bills payable within the state. To be protested in the bills. by his agent And provided also, That when from default of the owner or holder of the said receipt, the necessary bagging and cordage have not been duly supplied; then, in either case, such owner of a gin shall not be liable to pay any damages whatsoever. §3. When any person or persons shall, by order in writing, signed by his or her proper hand, direct the payment of any sum or sums of money, in the hands or possession of any other person or persons whatsoever, the money therein specified shall, by virtue thereof, be due and payable to such person or persons to whom the same is drawn payable, and may be put in suit against the person or persons who may draw the same, or against the person or persons on whom the same shall be drawn (after acceptance thereof) by him or them, to whom the same shall be made payable, and damages recovered thereon: Provided nevertheless, That no person or persons whatsoever, shall prosecute any suit against any person or persons who shall give such order for the money herein mentioned, before the same shall have been presented for acceptance, and notice given of the non-acceptance thereof to the drawer; or before the same shall have first been protested or non-accepted, and notice given thereof to the drawer before such suit shall be brought; and if any suit shall be brought on any such order before notice and refusal to pay as aforesaid, the plaintiff or plaintiffs shall be non-suited and pay costs.1 § 4. On all bills of exchange drawn upon any person resident within the United States and out of this territory, which shall be returned protested, the damages shall be fifteen per cent. on the sum drawn for, and on all bills in like manner drawn upon persons resident out of the jurisdiction of the United States, being protested, the damages shall be twenty per cent. on the sum mentioned in said bills respec tively, and all charges incidental thereto, with lawful interest as aforesaid, until the same be paid. § 5. Every bill of exchange, of the sum of twenty dollars and upwards, drawn in, or dated at, and from any place in this territory, upon drawn and any person or persons within the said territory, and payable at a cer tain number of days, weeks, or months, after date or sight thereof, shall, in case of non-acceptance by the drawee, when presented for acceptance; or if accepted, in case of non-payment by the same man drawee, when due and presented for payment, be protested by ner as foreign a notary public, in like manner as foreign bills of exchange, and the damages on such bill shall be ten per cent. on the sum drawn for, and shall in every other respect be regulated and governed by the same laws, customs, and usages, which regulate and govern foreign bills of exchange: Provided, That such protest shall, for want or in default of a notary public, be made by any justice of the peace, whose act in such case shall have the same effect as if done by a notary public. § 6. All bonds, obligations, bills single, promissory notes, and all other writings for the payment of money, or any other thing, may of bonds, be assigned by endorsement, whether the same be made payable a Provisions to the order or assigns of the obligee or payee, or not; and the assignee may sue in his own name, and maintain any action which the obligee or payee might have maintained thereon previous to assignment, (1) and in all actions to be commenced and sued upon any 1812-(8) notes, &c. extended. See § 18. Assignee may sue. 1 Notice of non-payment is required only on bills and notes payable in bank, — See § 13. Ten per cent. on protest for non-payment,-See § 7. (1) A note under seal payable to A. B. or bearer, is not transferable by delivery so as to enable the bearer to maintain an action on it in his own name. Sayre v. Lucas, 2. Stewt. Rep. 259. and sets-off are allowed assignee. such assigned bond, obligation, bill single, promissory note, or other What credits writing as aforesaid, the defendant shall be allowed the benefit of all payments, discounts, and sets-off, made, had, or possessed against the against the same, previous to notice of the assignment, (1) in the same manner as if the same had been sued and prosecuted by the obligee or payee therein; and the person or persons to whom such instrument so pay- Assignee able is assigned, may maintain an action against the person or persons may sue enwho shall have endorsed the same, as in cases of inland bills of exchange. (2) dorser. Damages on § 7. On inland bills of exchange, on persons without the limits of Ib. Sec. 5. this territory, the damages on protest for non-payment, shall be ten protest. per cent. besides legal interest, from and after the date of such protest, anything contained in the fifth section of the act to render promissory notes and cotton receipts negotiable, and for other purposes, to the contrary notwithstanding.a a See § 4. Sec. 1. Five per cent. damages on bills, § 8. On all bills of exchange or drafts drawn by any person or 1832—(35) persons in this state, and payable at any place within this state, and on all bills of exchange or drafts drawn by any person or persons in this state, upon any person or persons either in or out of this state, &c., purcha and payable at any bank or other place in the city of New-Orleans, sed by the that may be purchased or discounted by the bank of the state of Alabama or any branch thereof, and which may be protested for non-acceptance or non-payment, the damages shall be five per cent. and no more. bank. Preamble. Whereas, there hath been much uncertainty in the decisions of the 1828-(29) courts of this state, respecting the manner in which persons may bring suit upon any bond, bill, note, or other instrument in writing, which may be the foundation of such suit, and which bond, bill, note, or instrument may have been lost, for remedy whereof: How to re stroyed or § 9. Be it enacted, &c. That when any person may have or own, or Sec. 1. may have had or owned, any bond, bill, note, agreement, or other in- cover on strument in writing, the right or title to the same remaining in him, bonds deher, or them, and the same shall be, or shall have been destroyed by lost. fire, or lost by accident, such person or persons shall be authorized, upon first making oath in writing, of the loss of such bond, bill, note, agreement, or other instrument, and that the same has not been paid, satisfied, or discharged, to sue at common law for, and recover upon the same, upon making proof of the contents of such bond, bill, note, agreement, or other instrument, so lost or destroyed. . Sec. 2. Lost bonds, 10. Any person or persons defending any suit, shall have a right to plead the loss of any such bond, bill, note, agreement, or other in- how made strument in writing in bar, as a release, set-off, or in avoidance of off sets, &c. any suit or suits against him, her, or them, on first making oath to the truth of such plea. Preamble. Whereas much injury has been done to the citizens of this state by 1828-(30) means of the uncertainty of the decisions of the courts of this state in relation to the proper time at which endorsers of bills, notes, bonds, and other instruments made negotiable by endorsement, by law, shall make demand of payment of the payors of such nogotiable instrument, for remedy whereof: § 11. Be it enacted, &c. That hereafter the remedy on bills of ex- Sec. 1. change, foreign and inland, and on promissory notes payable in bank, grace, pro Days of test, and notice on (1) A cotton receipt, assigned by the payee before it is due, is not subject bills and in the hands of an innocent endorsee without notice, to a set-off existing notes payable in bank. against the payee. Winston v. Moseley, 2 Stewt. Rep. 137. (2) The reasonableness of notice to the endorser, is a question for the jury. Brahan & Atwood v. Ragland, Min. Rep. 85. shall be governed by the rules of the law-merchant, as to days of Distinction grace, protest, and notice; and bills drawn and payable within this state shall be deemed inland bills, and those drawn here and payable out of this state, shall be deemed foreign bills. of foreign and inland bills. Ib. Sec. 2. Assignee's rights. § 12. All other contracts in writing for the payment of money or property, or performance of any duty of whatever nature, shall be assignable as heretofore, and the assignee may maintain such suit thereon as the obligee or payee could have done, whether it be debt, covenant, or assumpsit; Provided, Suit be brought to the first court of a Explained, the county, where the maker resides, to which suit can be brought;a See § 14. Assignee to and if he shall fail to sue the maker to the first court as herein prosue maker to vided for, the endorser shall be discharged from liability, unless suit endorser dis- shall be delayed by his consent; and no days of grace shall be allowed on any contract, (except bills of exchange and notes payable in bank,) either between the assignee and the maker, or between the assignee and the assignor.b first court, or charged. Days of grace, when allowed. b See § 17. Ib. Sec. 3. Notice of non-pay ment, when required. 1829-(17) Sec. 2. Explanation of § 12. Ib. Sec. 3. assignee ker, when the sum or not exceed fifty dollars. § 13. Notice of non-payment shall only be required on bills of exchange and notes payable in bank. § 14. That part of the proviso in the second section of the before recited act, which requires suit to be brought to the first court, shall be construed to be, that suits be brought to the first court to which the writ can properly be made returnable. 15. Suits shall be brought on assigned or endorsed obligations, notes, In what time or other contracts in writing for the payment of money or other thing. must sue ma- when the sum or balance due thereon does not exceed fifty dollars, within thirty days after the same become due and payable, or if enbalance does dorsed after becoming due, within thirty days after said endorsement, unless the endorser or assignor consent in writing, that a further time may be given to the maker or obligor, or unless the maker or obligor is absent from the place of his residence, or residence unknown, or unless the assignor or endorser require, in writing, the assignee or endorsee to bring suit immediately after the maturity of said bond, note, or other instrument in writing; or if endorsed after the same become due, immediately thereafter, then and in these cases, the endorsee or assignee shall commence suit within five days thereafter; and no assignor or endorser of any bond, obligation, note, or other writing, shall be liable on said assignment or endorsement, unless suit be brought within the time prescribed by this act, or the act to which this is an amendment.c c The Ib. Sec. 4. na" against signee may § 16. When judgment shall be recovered, either in the circuit or county courts, or before a justice of the peace, by the assignee or en of "nulla bo dorsee of any assigned or endorsed bond, note, or other writing, and maker, as- a writ of fieri facias shall be returned by the proper officer "no prosue assignor. perty found," the said assignee or endorsee may commence his a tion against the assignor or endorser, on said assignment or endorse Return, vi- ment, and the return on said fieri facias shall be sufficient evidence dence of in- of the insolvency of the maker or obligor, to authorize a recovery solvency. against him, on his said assignment or endorsement. 1832-(38) Sec. 1. Bonds and § 17. Bonds and other instruments payable in bank, shall be gov erned by the rules of the law merchant, as to days of grace, demand. other instru- and notice, in the same manner that bills of exchange and notes payments paya able in bank now are. ble in bank, governed by the law-merchant. 1833-(35) Sec. 1. (d 1812 (8) See § 6.] § 18. All the provisions of the first section of the above recited act,d shall be construed to extend to and include promissory notes, or other instruments made payable to a certain person or bearer, to a fictitious person or bearer, to a chattel or bearer, or to bearer only, as fully as if the same had been therein mentioned by name : Provided, ment of That nothing herein contained shall prevent the assignment of said Act respectnote by delivery merely, so as to authorize the assignee to sue in his ing assign own name, subject always to the same payments, discounts and sets- notes, &c., off, that they would be, were they assigned by endorsement as notes, Proviso. &c. payable to a certain person, or to a certain person or order: Pro- Further pro vided, however, That nothing herein contained shall be construed to extend to bank notes. explained Viso. OATHS-OFFICIAL. Art. 6. stitution, &c. § 1. THE members of the general assembly, and all officers, execu- Con. Ala. tive and judicial, before they enter on the execution of their respective oath to supoffices, shall take the following oath or affirmation, to wit: "I solemnly port the conswear, (or affirm as the case may be,) that I will support the constitution of the United States, and constitution of the state of Alabama, so long as I continue a citizen thereof, and that I will faithfully discharge, to the best of my abilities, the duties of law: so help me God." according to dule. §2. The oaths of office herein directed to be taken, may be admi- Con. Schenistered by any justice of the peace, until the general assembly shall Sec. 9. otherwise direct. How administered. 3. Every person appointed to any civil office in this territory, 1807-(7) conscientiously scrupulous of taking an oath, shall make the following Sec. 1. affirmation, previously to entering upon the duties of his office, viz: affirm. "I, A. B. being appointed to the office of , do solemnly, sincerely, and truly declare and affirm, that I will well and truly execute the duties of my said office, according to the best of my skill and understanding, without fraud or partiality; and this I declare and affirm, under the pains and penalties of perjury." Persons may Sec. 1. Speaker of §4. The oath or affirmation required by the first section of the 1819--(1) sixth article of the constitution of this state, shall be administered to the governor by the speaker of the house of representatives, in pre- H. of R. to sence of both houses of the general assembly. administer oath to the Ib. Sec. 2. § 5. At the first session of the general assembly of this state, after governor. every general election, "the secretary of state, or comptroller of public Members of accounts, or state treasurer, shall administer the oaths of office to the the general assembly, members of both branches thereof: the speaker of the house of repre- how sworn. sentatives shall administer the oath to the clerk, previous to entering (1830-(23)] on any other business: the president of the senate for the time being, shall also administer the oath or affirmation to the secretary of the senate, previous to his entering on the duties of his office. And whenever a president of the senate shall be elected, the same oath or affirmation shall be administered to him, by any one of the members of the senate. Oath of other ed. § 6. All officers elected or appointed, or who shall be elected or Ib. Sec. 3. appointed under the authority of this state, shall, before they act in officers, how their respective offices, take the oath or affirmation prescribed as afore- administersaid, which shall be administered by any judge or justice of the peace; the person so administering the oath hereby required to be taken, shall cause a record or certificate to be made, specifying the day and year the same was taken, which said record or certificate shall be, by said judge or justice, deposited with the clerk of the circuit court of the County in which the same shall have been taken: Provided, That Record of the record or certificate of the oath or affirmation, which shall be ad- oath, where ministered to the secretary of state, attorney-general, solicitors, and ed. to be deposit |
