ter and war ed property. §3. The harbor-master and wardens aforesaid, or any three of Harbor-masthem, shall be surveyors of damaged property, brought into the port dens to exaof Mobile, in any steam-boat, barge, or other craft: and they shall, mine damag. upon every such survey, certify, under their hands, the amount of damages which any owner or shipper of such property may have sustained, and shall cause entries to be made, in a book to be kept for that purpose in their office, of all surveys made and certificates granted under this act; which surveys and certificates, duly authenticated by the official seal of the said board, shall be admitted as legal evidence in any court of this state; and for each survey, certificate and entry, they shall be entitled to two dollars, and for every duplicate thereof, one dollar; and the said wardens shall severally be entitled, for their services as surveyors of damaged property aforesaid, at the rate of three dollars per day. Compensa. tion. construed. § 4. This act shall not be construed to exempt the owner or mas- Act, how ter of any steam-boat from a recovery of damages, for the loss or damage of any article taken on board of said boat, according to the law in force before the passage of this act. boats in land ing goods. 5. It shall be the duty of captains or commanders of steam-boats 1830-(12) and barges, and other vessels navigating any of the navigable rivers Duty of comin this state, to land all goods of any description at the landing for manders of which said goods were shipped, and shall place them at least ten feet perpendicular above the edge of the water; unless the river shall be too high to admit of said goods being landed ten feet above the edge of the water; and in that case, it shall be the duty of said captain or commander to land said goods on the highest and most secure place within one hundred yards of said landing. neglect of § 6. If any captain or commander of any steam-boat or barge, or Ib. Sec. 2. other vessel, shall neglect or fail to comply with the provisions of the Penalty for first section of this act, the owner or owners, and the captains or duty. commanders of such steam-boat or barge, shall jointly or severally forfeit and pay to the owner or owners of such goods, double the value of the goods, to be recovered before any court of record, or before any justice of the peace, as the case may require, together with double costs. hooks or 7. When any cotton bales or bags shall be torn by the use of b. Sec. 3. Injury done what are called cotton hooks or otherwise, in loading or unloading on to cotton board of any steam-boat or barge, or other vessel, the owner or com- bales by mander of such steam-boat or barge shall forfeit the freight of the otherwise. bales so torn or damaged, and shall pay all damages to the owner or consignee of the cotton, to be recovered in the manner specified in the second section of this act. CATTLE, HORSES, AND OTHER STOCK. Owners of and brands § 1. EVERY person in this territory, who hath any horses, cattle, 1807-(10) or other stock, shall have a brand and ear mark, different from the cattle, &c. to brand and ear mark of every other person in the same county; which have marks ear mark and brand shall be recorded in the office of the clerk of the recorded. county court of the county where such horses, cattle, &c. are; for which the clerk shall receive as his fee, twenty-five cents for all his services therein; and no brand or mark similar to a brand or mark already recorded, shall be admitted to record, but the person having the same shall be obliged to alter them, except as hereinafter excepted. Disputed marks, &c. may be set tice of the peace. § 2. When any dispute shall arise respecting the right to a brand, or mark, either party may apply to a justice of the peace of the county, tled by jus who shall summon the adverse party to appear before him, on a certain day, therein expressed, not less than five, nor more than ten days from the time of application. And the justice shall, upon the request of either party, issue subpoenas for such witnesses as they may require, directed to any constable of the said county; who, together with the witnesses, shall receive the same fees, and be liable to the same penalties as are allowed or inflicted for such services and attendance, or neglect, in the county courts. And it shall be the duty of the said justice to give judgment thereon; a transcript whereof, certified by the said justice, shall be a sufficient authority for the clerk to Party agrecord the said brand and mark: Provided, That every person who grieved may appeal to may think himself or herself aggrieved thereby, may appeal to the county court. next county court, to be held in the said county, and not after. § 3. No person whosoever, shall send or permit any slave or Indian to go into any of the woods or ranges in the territory, to brand or mark any horse, mare, colt, múle, ass, cattle, hog, or sheep, under any pretence whatsoever, unless the said slave be in company, and under the direction of some reputable white person, who shall therein proceed according to the provisions of this act; and if any person be convicted thereof, he shall forfeit and pay for every animal so branded and marked, twenty dollars; recoverable by action of debt, in any court of this territory, having jurisdiction; one-half to the use of the county, and the other half to the informer. Slave or Indian not to be sent to mark cattle. Penalty. 1807-(11) Sec 1. importing distempered cattle. 4. Any person importing into this territory, cattle afflicted with Penalty for a contagious distemper, shall be subject to a fine of ten dollars for every head so imported, recoverable before a single magistrate, with a right of appeal; one-half of which shall be for the use of the territory, and the other half for the use of the person suing for the same. 1812-(4) § 5. It shall not be lawful for any drover or other person, to drive Sec. 1. Stock not to any horses, mules, cattle, hogs, or sheep from the range to which the same may belong; but it shall be the duty of every drover, or other person, who may be driving off horses, mules, cattle, hogs, or sheep, if any such stock, not properly belonging to his drove, should join them, to immediately halt his drove at the nearest pen, or some other convenient place, and separate all such stock as do not properly belong to him, or the person or persons he may be employed to collect or drive stock for. be driven from their own range. Ib. Sec. 2. Ib. Sec. 3. § 6. Any drover, or other person who shall violate the provisions of the preceding section, shall, for every offence, forfeit and pay the sum of twenty dollars, with costs, recoverable before any justice of the peace, for the use of the person suing for the same; and shall moreover be liable for damages, in an action on the case, to the party injured. 7. When any slave or slaves, employed in driving stock of any Masters ac- kind, shall violate the provisions of this act, his or their owner or their slaves. employer shall be liable for such transgression. countable for 1807-(5) Sec. 7. Stallions 8. If any person shall wilfully, or by neglect, suffer any stallion, above the age of two years, except such as are usually kept up and running at happen to get out by accident, to run at large in the woods, or in any unenclosed range, it shall be lawful for any person to catch and geld such stallion at the risk of the owner. large may be caught and gelded. CLAIMS AGAINST THE STATE. Preamble. WHEREAS, from the vague and indefinite manner in which accounts 1820-(27) are made out against the state, and the unsatisfactory manner in which they are usually attested, many frauds may be practised and errors committed in the settlement of the same: Therefore, how made § 1. Be it enacted, &c. That all accounts exhibited against this Accounts, state, shall have every charge distinctly made out, and clearly defined, out. and shall be transmitted to the comptroller of public accounts on or before the first day of October in each year, and it shall be his duty shall be auto audit the same, and make his remarks on each, and lay them be-dited by the fore the legislature within ten days after their meeting. comptroller. only by offi to the law. tice of the § 2. All accounts against this state shall be certified by such officers Accounts to only as are known to the law, and who directed the respective duties be certified and services to be performed for the public; and said accounts shall cers known also be attested, which attestation shall be subscribed by the party To be sworn making the demand, and be as follows: " county: Person- to before jusally appeared A. B. before me, C. D., who, after being duly sworn, peace. saith that the above (or within) account of is truly and justly due him from the state of Alabama, and that he has never received any part thereof, either by discount or otherwise, directly or indirectly. Witness my hand, A. B. Sworn to before C. D., Justice of the Peace." me, this day of dollars, cents, Form, &c. 3. No account, not made out and authenticated as above directed, Not to be shall be paid, until the same is done according to the requisitions of made out and this act. paid until authenticated according to this law. CLAIMS AGAINST COUNTIES. Sec. 6. ty claims. § 1. THE justices of the county court of each county, (the chief 1806—(2) justice of the orphans' court being one,) shall in term time, audit and Mode of auallow on due proof, all accounts and demands legally chargeable upon diting countheir respective counties: and every account, or such part thereof as is so allowed, shall be recorded by the clerk in a book to be kept for that purpose; and the claimant shall receive a warrant on the county treasurer, signed by the clerk, for the amount so allowed; and the clerk shall number the warrants issued as aforesaid, in each year, beginning at the term first held in each year, and progressing through the same in numerical order; and shall register the number and amount of each warrant in the aforesaid book. Sec. 1. within 12 months, § 2. All claims, of every description whatsoever, which may be 1823-(9) due to any person or persons, or body corporate, from any county in claims to be this state, shall be presented for allowance to the competent tribunal, presented within twelve months after they accrue, or become payable. § 3. All claims, as aforesaid, not presented for allowance as is pre- Ib. Sec. 2. scribed in the foregoing section, shall be barred from recovery, both be forever in law and equity: Provided, That nothing herein contained shall barred. affect the claims of minors, who have no guardians appointed, and persons non compos mentis, until they may be provided for by law, or until twelve months after the removal of such disability. otherwise to Clerks to keep list of § 4. The clerks of the several county courts shall keep a correct 1b. Sec. 3. list of the amounts of all claims allowed, as is provided for by this act, with the names of the persons to whom granted; which list shall claims allow be ready for the inspection and examination of the judges of the re ed. 1828-(12) Sec. 4. County trea spective county courts, and commissioners of revenue and roads, when they assess the county levy, and at all other times when required. § 5. It shall be the duty of the county treasurer, to register all orders which may be drawn on the treasury, and to pay the same only surer to re- in the order in which the same shall be registered in his office; and the collector of taxes shall receive no orders in payment of taxes,1 them in rota- except jury certificates. gister orders, and pay tion. Con. Ala. Elected by 14. CLERKS-OF THE CIRCUIT AND COUNTY COUrts. § 1. CLERKS of the circuit and inferior courts in the state shall be elected by the qualified electors in each county, for the term of four years, and may be removed from office for such causes, and in such manner as may be prescribed by law; and should a vacancy occur, subsequent to an election, it shall be filled by the judge or judges of Judge to fill the court in which such vacancy exists; and the person so appointed, shall hold his office until the next general election: Provided however, That after the year one thousand eight hundred and twenty-six, the general assembly may prescribe a different mode of appointment, but shall not make such appointment. vacancy. 1812-(20) Sec. 3. Clerks required to enter into bond. § 2. Every clerk shall, at the time of his admission and qualification, enter into bond, with security, to be approved of by the court, in the penalty of five thousand dollars, payable to the governor and his successors in office, with condition for the due and faithful execution of his office, and that he will not remove, or suffer to be removed out of the county, the records and papers of the court, whereof he is clerk, or any part thereof, except in cases allowed by law; which bond shall be recorded, and then delivered to the presiding judge of the court, and be by him transmitted to the secretary's office, within three months after it is so executed, there to be registered and safely kept among the papers of his office; and may be prosecuted upon, and the penalty thereof recovered, against any such clerk, for any malfeasance Penalty for in office; and any clerk presuming to execute his office, without first entering into such bond, shall forfeit and pay one thousand dollars, and suffer three months imprisonment. A copy of such bond shall be good in evidence, and have the same validity as the original, if it were present in court. acting without bond. Copy may be given in evidence. 1819-(6) Sec. 14. Bond of cuit court. § 3. The clerks of the several circuit courts shall give bond, with security, payable to the governor and his successors in office, in the clerk of cir penalty of ten thousand dollars, for the safe-keeping of the records, and the faithful discharge of the duties of their offices; which bond shall be lodged in the office of the secretary of state, and may be put in suit, on the assignment of the governor, by the party or parties injured, in his or their own name, and shall not become void upon the first recovery, but may from time to time be put in suit, by action of 1 This section has reference to, and is designed to repeal in part the 4th section of an act passed in 1812, which made all claims against counties, liqui dated and allowed by the county courts, receivable in payment of county taxes. The exception therefore in favour of jury certificates cannot extend further than the original law, and is applicable only to taxes levied for county purposes. See "Jurors and Jury,"-§ 13. Clerks of the circuit court are required to give bond in a penalty of ten thousand dollars.-See the next section. a Where the bond is to be recorded.-See "County Officers.". constitution debt, until the whole penalty be recovered; and if it shall be disco- Penalty for vered, that any of the said clerks shall have violated the oath prescrib- violating the ed by the constitution, or willingly, or corruptly have done anything, al oath. contrary to the true intent and meaning of the same, such clerk shall be deemed, upon conviction, guilty of misbehavior in office, and shall be removed therefrom; and shall forever be incapable of holding any office, civil or military, in the state. Sec. 1. court after § 4. All clerks of the circuit and county courts, shall enter into bond 1822—(13) and security, for the faithful performance of their several duties, as are Bond to be by law now prescribed, before the person now authorized to take and given first approve the same, on or before the first day of the term next succeed- election, ing their elections, otherwise the said office shall be considered va- or office vacant, and the vacancy shall be filled, as heretofore prescribed in other cases of vacancy in the said office. cated. In case of the bond in one month. § 5. If at any time it shall be made known to the judge of the cir- Ib. Sec. 3. cuit or county court, that any person who has been, or may be ap- failure, judge pointed, or elected clerk of said county or circuit court, has failed to shall require give bond, with sufficient security, for the faithful performance of his duty, it shall be the duty of said judge, to require said clerk to give such security within one month, or that said office shall be then vacated; and it shall be the duty of such judge, to fill such vacancy as in other cases. be required tional secu § 6. Any clerk of the circuit or county court, whenever required by Ib. Sec. 7. the judge of the court whereof he is clerk, shall give such additional Clerks may security, as may be required by said judge, within one month after to give addinotice of such requisition; and in case any clerk shall fail to comply rity. with the provisions herein contained, the office of said clerk is declared vacated thereby, and the vacancy shall be filled, as in other cases provided by law. Sec. 50. plete record three ter final 20 dolls. for §7. It shall be the duty of every clerk of the several courts in this 1807—(19) state, within three months after the final determination of any suit, or Clerks to prosecution, to make up, and enter in well-bound books, to be kept by make comhim for that purpose, a full and complete record of all the proceedings of proceed in such suit or prosecution; and every clerk who shall fail to make ings within and enter a record as aforesaid, shall forfeit and pay the sum of twenty months af dollars, to be recovered before any court having jurisdiction thereof, judgment. and applied to the use of the state. And in order to secure a due ex- Penalty of ecution of the duty hereby required, the several parties to the suits, failure. or prosecutions, shall at all times, have a right to inspect said books Parties to and records of the court, in the presence of the clerk, in order to see to records. if the records of the suit to which he is a party, have been duly made up, according to the directions of this act and the clerks shall show 50 dolls. pethe said books and records accordingly, under the penalty of fifty dol- nalty for refusing. lars, to be recovered, and appropriated to the use of the party so applying and refused. have access Clerk to keep docket. § 8. The clerk of every court shall enter in a docket, or book to be 1812-(20) kept by him for that purpose, a list of all executions by him issued, Sec. 5. specifying therein the names of the parties, the amount of the judg- an execution ment, interest, and costs, distinctly in such execution; the name of What to spe the person to whom it is delivered, to what county directed, the date cify. when issued, and the return day thereof; and when the same is returned, shall without delay, record the return at large on the same page, or folio, on which the execution is entered, and shall constantly carry the said book to the court of which he is clerk. 9. In case any clerk of any of the courts of this state, shall fail to 1822-(20) enter on the execution docket, any return of any execution, which Sc shall be made by the proper officer of the court, within three days after tering return Clerk not en. |
