AOTS OF THE FOURTH SESSION.

AN ACT

To continue in force, and amend an Act, entitled An Act to repeal in 1822. part, and amend an Act entitled an Act to regulate the proceedings in the Courts of Law and Equity in this state, and for other purposes therein mentioned.

Acts of

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That so much of the act passed at the called session of the General Assembly of this state, in June, eighteen hundred and twenty-one, entitled an act to repeal in 1821 contipart, and amend an act to regulate the proceedings in the nued in Courts of Law and Equity in this state, as is now in force, be, and the same is hereby declared to be of force, after the fourth day of January next.

Sec. 2. And be it further enacted, That the act passed at the third annual session of the General Assembly of this state, entitled an act to repeal in part, and amend an act, entitled an act to repeal in part, and amend an act entitled an act to regulate the proceedings of the Courts of Law and Equity in this state, be, and the same is hereby continucd in full force.

Sec. 3. And be it further enacted, That the first, second, third, fourth and fifth sections of the act passed at the third annual session of the General Assembly of this state, entitled an act to repeal in part, and amend an act entitled an act to constitute a court of Oyer and Terminer, for the trial of slaves, and for other purposes, bc, and the same is hereby continued in force.

force.

Jurisdic

Sec. 4. And be it further enacted, That the Judges of tion inthe County Courts, shall, in addition to the jurisdiction creased. heretofore given to them, have concurrent jurisdiction with the Circuit courts, in all actions of case, covenant, and trespass, assault and battery.

Appeals from Jus

tices of the Peace, to

Sec. 5. And be it further inacted, That appeals shall lie from Justices of the Peace to the respective Circuit or lie to CirCounty courts, under the same regulations as heretofore cuit or prescribed by law, for taking appeals to the Circuit courts. County Sec. 6. And be it further enacted, That in all appeals ta- Courts. ken by virtue of this act, from a Justice of the Peace, when taken for it shall be made to appear to the court, that the appeal delay only, was taken merely for delay, the court shall award fifteen Court to aper cent. damages.

Appeals

ward 15

per cent.

damages.

Writs of

Sec. 7. And be it further enacted, That the Judges of the Certiorari County courts within their respective counties, shall have & Superse- full power concurrent with the power of the Judges of the deas may, Circuit Courts. to grant writs of Certiorari and Supersedeas, be granted returnable to the County Courts, under the same regula

tions now in force. relative to granting the aforesaid writs by Proviso. Judges of the Circuit Courts: Provided, that nothing herein contained, shall be so construed, as io taks away from the Circuit Courts, jurisdiction of the aforesaid writs, granted by the Judges of the Circuit Courts, respectively. Sec. 8. And be it further enacted, That in all cases of Plaintiff's appeals from Justices of the Peace, where the plaintiff or appealing, person appealing, shall not recover judgment for a greater sum than was by the Justice trying the same, adjudged, then and in that case, the plaintiff or person appealing, shall pay all costs, consequent on such appea!: Provided, however, that this section is intended only to apply to appeals taken up by the successful party.

to pay costs in certain cases.

Proviso.

Judges of

new coun

Sec. 9. And be it further enacted, That the Judges of the ties to have County Courts of such Counties as have been created since jurisdicthe 14th day of Juae, 1821, shall have the same jurisdiction with the Judges of such Courts as were then in existence.

tion aз> other Judges. Commissioners of Roads and

Sec. 10. And be it further enacted, That the Commissioners of Revenue and Roads, elected at the last General ERevenue lection shall continue in office until the next General Electo continue tion; and that no Commissioner of Revenue and Roads in office shall be eligible to the appointment of assessor or Tax not eligiCollector, or shall discharge the duties thereof either as Collector. principal or agent in any manner whatever during his continuance in office.

ble as Tax

Circuit

Courts to have juris

diction in prosecution of slaves.

Legislature to elect Judges.

Causes

moved to

་

Sec. 11. And be it further enacted, That in all prosecutions of slaves and free people of colour for offences punishable capitally, the Circuit Courts, and not the County Courts shall have jurisdiction; and that the trial shall be con ducted in the same manner and under the same rules ex cept as to evidence, as the trial of free white citizens.

Sec. 12. And be it further enacted, That the present Legislature shall, by joint vote of the two-houses, elect County Judges for the respective counties in the state, who shall be commissioned by the Govejoy and whose duties and authority shall commence from and after the 4th day of January next.

Sec. 13. And be it further enacted, That if any persons may be re- shall be appointed Judge of any of the County Courts in Circuit this state: who was employed as counsel in any case dependingin said Court the said cause shall be removed to the Circuit Court of said County.

Court.

den.

Certain

Sec. 14. And be it further enacted, That the County Courts of the following Counties shall set at the following County times. For the county of Conecuh,' on the third Mondays Courts of January and June: For the county of Henry, on the first when halMondays in March and September: For the county Pike, on the first Mondays in January and July: For the county of Covington, on the first Mondays in August and February. In the county of Butler; on the second Mondays of February and August. And in the county of Decatur, on the first Mondays in March and September.

Admin

committ'd

Sec. 15. And be it further enacted, That so much of the aforesaid act as makes it the duty of the Judges of the Coun- istration tyCourts in this state to commit administration to the Sheriff to the ofor Coroner in certain cases therein designated, shall be ta- fice of Sh'ff ken and strictly construed so as to attach the said administra- and not the tion to the offices of Sheriff or Coroner and not to the person. Sec. 16. And be it further enacted, That this act shall take effect, from and after the fourth day of January next. [Approved, Dec. 24, 1822.]

AN ACT

person.

writ of e

Providing for the election of Sheriff in certain cases, and for other purposes. Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That when the officer whose duty it is to hold Governor an election for Sheriff, in any county in this state shall fail to issue to do the same at the time prescribed by law, it shall be the lection for duty of the Governor, or the person exercising the duties Sheriff in of his office, to issue his writ of election, directed to any certain caperson residing in the county, whom he may appoint, di- ses. recting the person to hold an election for the purpose of electing a sheriff for the county, at the place or places prescribed by law for holding elections for representatives for the county, at any time he may appoint; requiring at least thirty days notice to be given, by advertisement posted up at four of the most public places in the county, of the time of holding said election.

Poils to be kept o

Sec. 2. And be it further enacted, That at the election hereby authorized to be held, the polls shall be opened and pengreekept open, agreeably to the law now regulating elections in ably to law the county, in which it shall be held.

Sec. 3. And be it further enacted, That the clerks and Clerks & judges, who shall superintend the election hereby authoriz- Judges to ed, shall be appointed by the person to whom the commis- ted & qual be appoin sion shall be directed, who shall be authorized to administer ified. the oaths to sai d clerks and judges, as are required to be administered to clerks and judges at the general elections. Sec. 4. And be it further enacted, That the person who

P'ersons

shall be returned duly elected by the person to whom the return d to writ of election is directed, shall be commissioned by the be commis- Governor, or the person exercising the duties of his oflice, sheriff. [Approved, Dec. 28, 1822.]

sioned.

Judge to give notice of the time

ment to

guardians.

AN ACT

Concerning the Judges of the County Court Sec. 1. Be it enacted by the Senate and House of Repreof settie- sentatives of the Stute of Alabama, in General Assembly convened, That hereafter it shall be the duty of the Judges of the County Court, in their respective counties, to give the notice now required by law to be given by executors, administrators, or guardians, of the term of the said court at which any executor, administrator, or guardian may be required by said Judge to present for allowance his settlement, or account current, made as prescribed by law, in vacation. Judge to Sec. 2. And be it further enacted, That the said Judge, judgment be, and he is hereby, authorized to render judgment against in favor of any executor, administrator, or guardian, for whom he is reprinter. quired by this act to give notice, in favor of the printer for any sum which said Judge may think reasonable for publi[Approved, Dec. 12, 1822.}

render

Clerk not taking

tion.

cation.

AN ACT

The better to secure Debts upon Writs of Error. Sec. 1. Be it enacted by the Senate and House of Repre sufficient sentatives of the State of Alabama, in General Assembly consecurity livened, That if any clerk of the circuit court upon issuing able to acany writ of error, shall take security, which shall be insufficient at the time of taking the same, he shall be liable to an action of trespass on the case, in favor of the party aggrievProviso. ed: Provided, that nothing in this act contained, shall be so construed as to subject any clerk of the court aforesaid to a recovery in the action aforesaid, for taking as security for any writ of error, any person who was genarally reputed sutllcient for the sum for which he became bound as security at the time he was taken as security.

may be bro't into hotchpotch

[Approved, Dec. 12, 1822.]

AN ACT

Concerning Intestates' Estates.

Estate previously Sec. 1 Be it enacted by the Senate and House of Represen received, tatives of the State of Alabama, in General Assembly convened, That when any of the children of a person dying intestate, sball have received from such intestate in his or her lifetime, any real or personal estate by way of advancement, and shall choose to come into the partition of the estate with the other parceners, such advancement, both of real and personal estate, or the value thereof, shall be brought

into botchpotch with the whole estate real and personal descended; and such party bringing into hotchpotch such advancement as aforesaid, shall thereupon be entitled to his, her, or their portion of the whole estate so descended, both real and personal.

Com

Sec. 2. And be it further enacted, That this act shall take effect, from and after the first day of January next; and mencethat all laws and parts of law, contravening the provision of this act, be, and the same are hereby, repealed.

[Approved, Dec. 14, 1822.]

AN ACT

To prevent frivolous and vexatious Law suits.

Sec. 1. Be it enacted by the Senate and House of Represen tatives of the State of Alabama, in General Assembly convened, That in all suits, which may be hereafter brought in this state, to recover damages for slander or trespass, assault and battery, the plaintiff shall not recover more costs than damages, if the damages do not exceed five dollars; unless the judge before whom the suit was tried shall certify that more damages ought to have been awarded by the jury.

Sec. 2. And be it further enacted, That this act shall commence and be in force from and after the first day of January next. [Approved, Dec. 23, 1822.]

AN ACT

To prescribe the mode of certifying Executions from Justices of the Peace from one County to another.

ment.

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 passage of this act, where any judgment is rendered by a justice of the peace, and the person against whom such judgment may be rendered, removes to another county in this state, it shall and may be lawful for Clerk of such justice to issue execution to any county in this state a- county gainst the property of the person against whom judgement court to is rendered; which execution shall be certified by the clerk ecution: certify exof the county court: And it shall be the duty of any legal officer of the county to which such execution may issue, to execute and make return of such execution according to the mandate thereof, to the justice of the county from which execution issued. [Approved, Dec. 28, 1322.]

AN ACT

To enforce the payment of Monies collected by Officers of Courts. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That whenever a motion shall be made against any officer of any of the courts of this state for not paying over any money received by him in his official capacity.