within the corporate limits of the city of Mobile, and within six miles thereof, and return the same to the clerk's office of said court. 18 per Sec. 3. And be it further enacted, That when the said list shall have been returned by the Sheriff aforesaid, eighteen names sons io shall be drawn therefrom, which shall compose the original compose o riginal panel, either in open court, or at any time five days previous panel. thereto, by the Clerk and Judge, or by the Clerk and Sheriff; and who shall be summoned at least two days previous to the day of court. Sec. 4. And be ut further enacted, That if any Juror shall fail to attend, in obedience to his summons, he shall be liable to the same penalties, as he would be in failing to attend on the Circuit Courts. court in case of Sec. 5. And be it further enacted, That in case the yellow fever, or other malignant disease, should prevail in the said city Judge to of Mobile, then, and in that case, it shall be the duty of the remove Judge to adjourn the court to some convenient and healthy place, not more than six miles from the city, by giving public no- malignant tice of the place, in some of the newspapers printed in the city. disease. Sec. 6. And be it further enacted, That the said County Court shall, in all cases, be governed by the same laws and rules of practice, which govern the Circuit Courts of this state; except, where the same is altered by this act, and the act to which this is intended as an amendment. Sec. 7. And be it further enacted, That all acts or parts of acts, coming within the meaning and perview of this act, be, and the same are hereby, repealed: Provided, that the Judge of the County Court, for the county of Mobile, shall have jurisdiction of all offences against the laws of this state, except where the punishment is capital [Approved, Dec. 23, 1822.] AN ACT Property claimed by a person For the trial of the right cf Property taken by virtue of an Execution or Attachment, and claimed by any person not a party to the Suit. Sec. 1.Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That from and after the first day of January next, in all cases where property shall be taken by virtue of an execution or attach- not a party ment, when the sum claimed doth not exceed fifty dollars, the to the suit. person or persons claiming the same, and not being a party to Right may the suit, may apply to some Justice of the Peace for a venire be tried by jury. facias directed to the constable or other officer, to summons seven good and lawful jurors to attend at such time and place as be the said Justice shall'appoint, not less than five nor more than ten days from the time of issuing the same: Provided always, that the said Justice of the peace, before he issues his venire facias, shall require the claimant to make oath or affirmation of his right to the property; and if the Jury shall find the property liable to the execution, the person or persons laying elain, shall pay the cost of said trial, and execution may issue herefor: But if the property shall be found to be the properti Proviso costs tin of the person laying claim, the plaintiff shall pay the costs, and pay which shall be to the Justice of the Peace, for issuing the venire facias, fifty cents; for attending on the trial, fifty cents; to certain ca- the constable for summoning the Jury and attending the trial, one dollar and fifty cents. Scc. 2. And be it further enacted, That the Jury so summoned, when they appear at the place appointed, shall take the following oath, viz: "We and each of us do solemnly swear, (or affirm, as the case may be,) that we will well and truly inquire Oath of into the right of the property now held, by execution or fury: attachment, (as the case may be,) and a true verdict give, Consta- according to evidence, so help me God " Provided always, that ble may if any of the Jurors summoned as aforesaid, fail to attend, the sunmon Constable shall complete the number from the by-standers; and the verdict of the Jury shall be returned to the Justice who plete a ju- shall enter judgment thereon; and if either party be dissatisfied with such judgment, they shall be entitled to an appeal to the Parties next Circuit Court, where the trial shall be had the first term, may ap- by an issue made up by the parties or their counsel. peal. by standers to com ry. Sec. 3. And be it further enacted, That where it may appear to the satisfaction of the Jury, that the claim was set up for the Jury may assess dam- purpose of vexation or delay, the Jury shall assess the damage not exceeding fifteen per cent. on the amount of the plain ages. Default tiff's clain. Sec. 4. And be it further enacted, That any person being returned as a Juror, to try the right of property as aforesaid, and failing to attend, it shall be the duty of the Justice attending said trial, to assess a fine on said Juror, not exceeding five dollars; ing jurors to be fined. but if said Juror shall attend within five days, and render a sufficient excuse to the Justice aforesaid, his fine shall be remitted; and any witness failing to attend and give evidence, when es failing legally summoned for that purpose, shall be liable, in like manto attend ner, to a fine not exceeding five dollars; which fines shall be may be fio- collected by the Constable, and paid to the county treasurer. ed. Witness Sec. 5. And be it further enacted, That all acts and parts of acts, coming within the perview and meaning of this act. be, and the same are hereby repealed: Provided, that nothing here Repeal. in contained, shall be so construed, as to prevent the party, in whose possession the property is levied on, to retain that possession, under the rules and regulations heretofore prescribed by law. [Approved, Dec. 20, 1822.] AN ACT To provide for drawing Petit Jurors to serve in the Circuit Courts of the Sect. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That from and after the passage of this act, there shall be drawn in the same mode, now prescribed by law, twenty Jurors to attend the Circuit Courts of the county of Dallas, whose names shall be incorporated in the venire; and they shall be summoned by the Sheriff of said county, to appear on the first day of the sec-· and week of the term of said court, to serve six days on the orig. inal panel, as petit Jurors. 25 Sec. 2. And be it further enacted, That the persons who are returned on the original panel, and drawn as petit Jurors, on the first day of the term of said court shall, after the expiration of six days of said term, be discharged from further attendance, as petit Jurors, during the term of said court. [Approved, Jan. 1, 1823.] AN ACT To authorize the Judge of the County Court and Commissioners of Roads and Revenue of Butler county, to levy a county tax, and for other purposes therein mentioned. Commis sioners te Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the Judge of the County Court and the Commissioners of Roads and Revenue of the county of Butler, be, and they are hereby, levy tax authorized to levy a tax on all persons and property in said County, subject to taxation, not exceeding one-third of the State tax, which shall be, collected by the Tax Collector in the same manner and for the same compensation that the State tax is collected, and paid into the county Treasury; and shall be appropriated by the said Judge and Commissioners for county purposes. Sec. 2. And be it further enacted, That from and after the passage of this act, the town of Buttsville, in the county of Butler, shall be called and known by the name of Greenville. Sec. 3. And be it further enacted, That all righis, claims and contracts, as well of individuals as of bodies corporate, shall continue as if the name of Buttsville had not been changed. tle withthe of Sec. 4. And be it further enacted, That it shall be the duty of the commissioners appointed by law, to fix upon a seat of Justice for the county of Butler, on or before the first Monday in May next, and annually thereafter to make a fair and correct statement, in writing, to the Judge of the County Court Commis the town and the Commissioners of Roads and Revenue of said county, of sioners of formerly all the town lots which shall have been sold for the use of said county, in the town heretofore known by the name of Buttsville, known by and of all the monies which may have been collected, and the the name several sums due them as commissioners aforesaid, and of such of Buttsother things in relation to their proceedings as they may deem ville to setJudge or as the said Judge and Commissioners may renecessary; quire. And it shall be the duty of the Judge and Commissioners aforesaid, to make a record of the same in a book to be kept by their Clerk for that purpose; and to allow to the said Commissioners all expenditures which shall have been incurAnd it red by them, in managing the business of said town. shall moreover be the duty of the Commissioners aforesaid, when they shall have completed the public buildings, which they are authorized by law to erect, and paid the expenses of the same, without delay, to account to the Judge and Conimissioners aforesaid; and after deducting all disbursments and their own compensation, pay over the balance of public money, if any in their hands arising from the sales of lots in said town, into the County Treasury of said county, to be appropriated . 4 the county court. by the Judge and Commissioners aforesaid, to county purposes. Sec. 5. And be it further enacted, That all laws contravening the provisions of this act. be, and they are hereby repealed. [Approved Dec. 28, 1822.] AN ACT To repeal in part, and amend an act, entitled an act, supplementary to an act, to establish a State University. Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly Term of convened, That the present Board of Trustees of the Unioffice of versity of Alabama, shall continue in office for the term of three years, from the time of their election, and until their successors shall be duly elected and qualified. Trustees. how filled. Proviso. Sec. 2. And be it further enacted, That it shall be the duty of the General Assembly to fill all vacancies in the Vacancies board of frustees which shall happen by the expiration of the term of service, death, resignation or otherwise, at the next session after such vacancy shall happen: Provided, That should any vacancy happen during the recess of the General Assembly, the board of Trustees shall have the power to fil the same by an election, which shall continue until vacated by an election to be made by the General Assembly at their next session. tees to be elected. Sect. 3. And be it further enacted, hat so soon as the Othertrus site of the University shall be selected. there shall be six additional Trustees elected by the General Assembly, who shall reside within fifty miles of the University, and whose term of office shall expire with that of the present Trustees, Sec. 4. And be it further enacted, Thai at the expiration of the term, for which the present Trustees are elected, the Legislature shall proceed to the election of six Trustees, who shall reside within fifty miles of the University, and of two other Trustees; from each Judicial Circuit within the State, who, together with the Governor of the State, shall form the Board of Trustees, and shall continue. in office durnig the pleasure of the Legislature: Provided also, that the six additional trustees to be thus chosen, shall have no power to vote upon the subject of any appropriation of the funds to be employed for the buildings to be erected in pursuance of this act, until six months after the same shall have been commenced. the Sec. 5. And be it further enacted, That there shall be a Trustees stated annual meeting of the Trustecs, to be held at to meet an- time of conferring degrees, and that the President of the nually. University, together with two of the Trustees or three of the Trustees without the President, shall have full power to call an occasional meeting of the Board, whenever it Proviso. shall appear to them necessary: Provided, that reasonable notice by mail or otherwise be first given to all the other Trustees, specifying the cause or causes of such meeting; And provided also, That no other business shali be transacted by the board, than that specially assigned as the cause of the meeting, unless at least seven of the board shall concur therein. siness. Sec. 6. And be it further enacted, That at all meetings of the trustees, a majority shall be capable of doing and transacting all the business and concerns of the University, Majority except such as is herein excepted; they shall have the may do bupower of electing all the necessary and customary officers May eof said institution; of fixing their several salaries, and of lect offi removing any of them for neglect or misconduct in office, cers. a majority of the whole number of Trustees concurring in said removal: Provided, That no permanent election of any officer shall be made, or salary be fixed at any other than the stated annual meetings of the Trustees; but all elections which shall be made at any called meeting, shall expire at the end of the next stated meeting; they shall have the power of prescribing the course of studies to be pursued by the students, and of framing and enacting of all such ordi nances and by-laws as shall appear to them necessary for the good government of the University and of their own proceedings; provided the same be not repugnant to the laws of the United States and of this State. Proviso. Sec. 7. And be it further enacted, That the head of the said University shall be styled the President; and the InStyle of structors, the Professors; and the President and Professors the Presiwhile they remain such, shall not be capable of holding the dent and office of trustee: and the president and professors, or a professors. majority of them, shall be styled The Faculty of the University; which Faculty shall have the power of enforcing the ordinances and by-laws adopted by the trustees for the government of the students, by awarding or censuring them, and finally by suspending such of them, as after repeated admonitions, shall continue disobedient or refractory, until a determination of the board can be had: And it shall be in the power of a majority of the trustees present, at a stated meeting, to expel any student or students tees. Sec. 8. And be it further enacted, That the title of the Land vestlands which this state has received as a donation from the ed in truscongress of the United States for a seminary of learning, be, and the same is hereby vested in the said trustees and their successors in office, to be appropriated in the manner hereinafter directed, to wit: The said lands shall be sold at public auction at such times and places as the said trustees shall direct, or have by ordinance heretofore disected, at a price not less than seventeen dollars per acre; mum price to be sold. |