DIVORCES.

Where the defendant resides out of the state, the court may by

rule compel appearance

Form of the oath of the special jury trying divorces
Form of the verdict and its two several kinds

In cases of conditional divorce, the jury shall make provision
for the support of the wife and children

Page

126

128

126

126, 127

The party whose improper conduct shall authorize an absolute
divorce, shall not marry again during the life of the other
party

-

But such divorces for pre-existing causes, no bar to a second
marriage

If the legislature will not by act effectuate an absolute divorce,
the superior court may appoint commissioners to settle the
terms of the separate maintenance of the wife

127

ib.

ib.

Oath and further duty of the commissioners
Their report may be reviewed by themselves and two additional
commissioners

-

ib.

ib.

Further powers and duties of the commissioners

ib.

Husband not subject to the debts of the wife after separation
The issue in no case of divorce to be bastardized

Clerks of superior courts must keep criminal dockets
Sheriffs must keep and have in office an execution docket
DOCUMENT LAW.

Declaring that no document of title shall be withheld from a
jury

Dower shall be conveyed by joining with the husband in the
deed and relinquishment before a magistrate
Not barred in mortgaged property unless legally relinquished
The widow may take her dower, or a child's part of the real

estate at her option

Must make her election within a year from the death of her
husband

111

161

167

207

Forging, or passing forged drafts, or having them in possession,

how punished

357, 358, 380

Fraudulent destruction of a draft or other paper, how punish-

ed

DRUNKENNESS.

If voluntary, no excuse for crime

But if occasioned by the malicious contrivance of others, such
others punishable as principals

Of officers or soldiers on parade, how punished

356, 380

345

ib.

329

DUELLING.

All civil and military officers, to be sworn that they have not
been concerned in any duel

364

Duty of peace-officers in preventing duels, on pain of dismissal
from office

ib.

Posting as a coward, or other abusive publication, for not accept-
ing a challenge, how punished

364,380

DUELLING.

The printer shall be a witness, or answerable himself
Punishment for sending or carrying a challenge

Form of the indictment -

DWELLING HOUSE.

What shall be considered a dwelling-house within the crime of
burglary

351

E

EDUCATION.

Persons under 16 years of age going abroad for their education,
ineligible to office on their return

EJECTMENT

183

Must be brought within seven years from the accrual of the
title, or within three years from the removal of disabilities 315

ELECTION.
Widows must make their election as to dower, within one year 167
ELECTIONS.

Elections to be by ballot

130, 558

General elections to be held at the court-house on the first Mon-
day in October

-

-

Shall be open from 7 o'clock, A. M. to 6, P. M. -
Three or more magistrates to preside and make returns
Shall appoint three clerks who shall keep three rolls
Elections to be attended by a sheriff or his deputy
Or by a constable where a sheriff cannot be obtained
Qualifications of voters

128,

129

130

128

130

Form of the oath to be administered to voters
Voting out of the proper county, penalty thirty dollars
Offenders herein how tried, and penalties how enforced
No civil process shall be executed on any voter going to, remain-
ing at, or returning from elections, on pain of 500 dollars
Fraudulent returns by presiding magistrates, or the use of undue
means by them or other officers or candidates to influence
votes, how punished

Other persons, arresting, bribing, or deterring voters, or after-
ward misusing them for their votes given, shall forfeit 100
dollars

Canvassing prohibited

Returns to be made, and how, within twenty days, and the gover-

nor to announce by proclamation within five days thereaf
ter, the members of congress elected

Within what time they shall signify their acceptance

In cases of tie, or of vacancy, the governor to order a new elec-

Apportionment of representatives to the state legislature
Representatives in congress to be elected biennially; their qua-
lifications

ib.

129

ib.

ib.

550

130

ib

ib.

ib.

132

129, 130

The governor to announce by proclamation the number of re-
presentatives to be elected for congress as ascertained by
the census, which number shall be elected

To hold no office of profit under this or the general go-

vernment

Elections for county officers to be conducted as those for repre-
sentatives

131

130

118

EMBEZZLEMENT.

Page

Embezzlement or theft of any public papers or property 355, 356, 380
Embezzlement or stealing from banks by their officers, &c.
Clerks embezzling county funds to forfeit double
Embezzlement of confiscated property

EMBRACERY.

Persons corrupting jurors, how punished

Jurors corrupted, how punished

EQUIPMENTS.

353
117, 118
86

363, 380

ib.

How volunteers and militia of the line shall be armed and

Arms and equipments exempted from execution and distress.
EQUITY: (See Chancery.)

ESCAPE.

Sheriffs, jailers, constables, liable for escapes

Keepers of prisoners permitting them to escape, how punished

327

331

217

361, 362, 380

Punishment for aiding the escape of prisoners from jail or cus-
tody

361,380
361, 379, 380

Escapes from the penitentiary, how punished
Such prisoners, on being retaken, to be confined in the peniten-
tiary until trial, and tried in Baldwin county

ESCHEATS.
The clerk of the court of ordinary to be escheator

To give bond and security and take an oath of office-form of
the oath

The property of persons dying without will and without heirs-

shall escheat

-

133

Duty of the escheators in finding escheated property, and re-
porting it to the judge
Inquest to be had-how to be certified, recorded, and returned ib.
How the clerk shall thereupon advertise for claimants to appear ib.
If no claimants appear and establish their title in 12 months, the
property to be pronounced escheated

ib.
ib.

How advertised and sold by the escheator-his compensation
Rights saved, 21 years in real, and 5 years in personal estate 133, 134
Rights of creditors and other persons having legal titles, saved 134
Saving in favour of persons under the disabilities of infancy, co-
verture, &c.

ib.

Claimants may have possession of the property pendente lite on
giving security

ib.

No possession, conveyance, &c. shall bar proceedings for es-
cheated property

Gosts given to persons against whom groundless suits may be
brought by escheators

ib.

ib.

Such property found in the hands of an executor or administra-
tor, shall be sued for by the escheator

ib.

No escheator shall be concerned in purchasing any escheated
property, on pain of 5000 dollars

ib.

Punishment of escheators for neglect or misconduct

ib.

Court of ordinary shall collect, advertise, and sell the escheat-
ed estates of aliens

135

Shall advertise 12 months for creditors, and shall examine into
the demands and pay them

ib.

Escheators to pay into the courts of ordinary the proceeds of
any such estates in their hands

Real estate of citizens of the United States not to escheat in

certain cases

135, 136

ESCHEATS.

Certain sales by executors declared valid

Perishable parts of aliens' estates may be sold after 20 days
notice

Illegitimate children of females shall take the estates of their mo-

ther, there being no legitimate children

And shall inherit from one another where there is no issue
Form of the oaths of the jury of inquest, and of the jury trying

claims

-

Judges of the superior courts to adopt the necessary forms to
carry the escheat laws into effect
Attorney and solicitors-general shall, by order of court, enforce
the payment of money by escheators, and shall pay it into
the treasury to be distributed among the academies

ESTATES

Shall not be entailed

160

Real and personal estates on the same footing as to distribution 161
Degrees of kindred and rules of descent 153, 154, 161, 162 (n)
Real estate of the wife becomes by the marriage vested in the
husband, and subject to distribution like personal estate 153, 154
Estates for the life of another devisable, and liable for the debts

of the tenant

Cases not expressly provided for, must be determined by the En-
glish law

Table of descents

562

153, 154

The value of estates not to be concluded by the appraise-

ment

163

150, 151, 155

152

Shall be divided in one year; a second division, if necessary, in
two years; and any after-assets to be divided in three
months after they are got in
Executors, administrators, or guardians, dying chargeable as
such, their estates are liable to the payment of such de-
mand before any other debt
Court of ordinary may appoint three or more freeholders to
make division of personal estates, subject to distribution 170
Duty of such freeholders therein, and how such division

is to be made

157, 161

Estates of French subjects descendable according to the laws of
France

EVICTION. (See Rent.)
EVIDENCE.

Commission on interrogatories, how to issue ordinarily -
Interrogatories how to be exhibited to persons infirm or resident
abroad, seamen, patroons, mail-carriers, or other transient
persons

Commissions may issue in caveats depending before the gover-

nor

ib.

184

211

145

219

How issued for the examination of convicts in the penitentiary 379
Grand jurors competent witnesses as to matters given in evidence
before them

146

Persons injured are competent witnesses in criminal prosecu-

tions

373

Legatees and creditors who attest wills, how admissible as wit-

nesses

564, 565

Endorsements need not be proved

No writter document, not barred by the statute of limitations, to
be withheld from the jury

143, 14

144

EVIDENCE.

All laws and resolutions published by authority, shall be taken
notice of by the courts as public laws

The attestation of public officers shall give authenticity to any
transcript of a document of record or of file in their res-
pective offices

But the original must be accounted for

Page

148

ib.

ib.

Act of congress of 1790, as to the authentication of legislative
acts, and the records of courts of one state in another
Act of congress of 1804, prescribing the mode of authenticating
in one state records and exemplifications of office books of
another state not appertaining to a court
Deputy clerks, writings enrolled by them declared admissible
evidence

149 (n)

149 (n)

144

Deeds attested by one justice of the peace, or by a clerk of the
superior court

145

Grants issued in the names of persons deceased, or in the names
of females intermarried, declared valid

Copies of new plats to old grants; and plats lately recorded
made evidence

Plats of watercourses being dividing lines, which have changed
their beds

147

281

283, 284

Evidence to be reduced to writing on the trial of offences pu-
nishable capitally, or by imprisonment in the penitentiary:
which in the event of conviction shall be approved by the
court and recorded

If application is made for pardon or reprieve, a copy of such
evidence shall accompany the petition

Concealment of the birth of a child shall not be evidence of mur-

A return on the license shall be evidence of marriage
Burthen of proof to be on the plaintiff in claims of property
And on the plaintiff in suits for freedom

All acts of sheriffs who have given security before one or more
justices of the inferior court, and have acted as such, made
valid

All official acts of sheriffs and clerks, since 18th November, 1813,
until their successors were commissioned, made valid
Omission of the judges and other officers to take the oath to sup-
port the constitution cured; and the proceedings of the
courts declared legal and binding, notwithstanding any such
omissions in future

148

ib

349

166

213

446

146

ib.

147, 148

All conveyances of personal property may be recorded, and
shall be admitted as evidence as those of real property 148
County records transcribed by the order of the inferior courts,

shall be evidence

Testimony may be perpetuated by the superior courts
Evidence in justices' courts

148 (π)

148

247

144

Returns of sheriffs made valid whose oaths are not recorded
Any documents of the secretary of state's office issued before

the 15th Dec. 1810, signed by a deputy secretary of state,
made legal evidence

Two manuscript record books of the executive department
made valid

Certain copies of old plats attached to the surveyor general's
office