Ib. Sec. 4. turned. be returned, bar. made, who thereupon shall enter up judgment and award execution in the same manner as if such judgment had been rendered by such justice of the peace, without the intervention of such referees. § 10. When the parties shall agree that the determination of the reBy consent of parties ferees may be made known prior to its being returned as aforesaid, it award may shall be lawful for the referees to make the determination known to the be published before re- parties, without its affecting in any degree the validity thereof; and if Parties then the parties shall then agree to settle their dispute according to the deagreeing, termination of the referees or otherwise, without further process, the award not to said referees may deliver to the parties the papers belonging to them but to be a respectively; otherwise they shall make a report of their proceedings as before provided for by this act: Provided, that such determination shall be a bar to a second suit or plaint for the same cause of action. § 11. The referees who may be appointed in pursuance of this act, vested with shall be vested with all the authority that referees are vested with, the same au- who are appointed by a rule of court; and witnesses may be by them, or either of them, summoned to appear before them, and be sworn in pointed by the same manner, as is or may be prescribed by law for summoning witnesses before referees appointed by a rule of court as aforesaid. Ib. Sec. 6. § 12. No judgment awarded by referees as aforesaid, shall be subunless object to be reversed or set aside for informality or other cause, if the tained by un- subject matter of the reference is decided; unless it should appear sa Ib. Sec. 5. thority as those ap rule of court. Award final, due means. Ib. Sec. 8. Referees' tisfactorily to the court, or justice of the peace, before whom the same may be returned, that such judgment was obtained by evident partiality, bribery, corruption, or other undue means. § 13. The referees shall be entitled to demand and receive the sum of one dollar each, for every day they may be engaged in the determition, 1 dollar nation of any controversy to them thus submitted. compensa. per day. Ib. Sec. 9. Referees' oath. § 14. The referees shall, before they enter on the discharge of their duty, take an oath or affirmation, impartially to determine the matter to them referred, according to justice and the opinion they entertain of the evidence, without favor, fear, or affection. 1820-(6) Governor may order arms to be transported ARMS-PUBLIC. § 1. The governor of the state of Alabama, or the person exercising the powers of governor, is hereby authorized to order the quartermaster-general, to cause to be transported to any point in this state, to any point. any number of public arms which he may deem necessary, when he shall have reason to believe that there is danger of insurrection or invasion, or that the public good requires such transportation. Ib. Sec. 3. § 2. The quartermaster-general is hereby required to cause to be ter-General conveyed, upon receiving the governor's order, forthwith, the number to execute of arms to the place specified in such order. Governor's order. 1821-(17) Sec. 1, a The preceding act. Governor may desig nate officer to receive the arms, who shall give bond. 1827-(4) Sec 1. § 3. Whenever it is deemed necessary by the governor to transmit the public arms, in pursuance of the act to which this is an amendment," he is hereby authorized to send them to such officer as he may appoint; which officer so receiving such arms, shall give bond with sufficient security to the governor and his successors in office, in such sum as the governor may deem sufficient, for the safe keeping and delivery of said arms, when required by the governor. § 4. The public arms and accoutrements belonging to this state, shall be distributed among the volunteer corps of the same, in the Arms, &c. to manner, and on the conditions hereinafter prescribed. be distribut ed to volun teer corps. Duty of the ment of arms, &c. several bri § 5. It shall be the duty of the commander-in-chief, on the applica- Ib. Sec. 2. tion of a commander of a brigade, to issue his order to the quarter-Commandermaster-general, or person having charge of the public arsenal, to hand in-Chief. over the arms aforesaid, in the following proportion to the different brigades, to wit: to the first brigade, seventy-two muskets and accou- Apportiontrements; to the second brigade, seventy-two muskets and accoutrements; to the third brigade, forty-eight muskets and accoutrements; among the to the fourth brigade, one hundred and twenty muskets and accoutre- gades. ments; to the fifth brigade, one hundred and sixty muskets and accoutrements; to the sixth brigade, ninety-six muskets and accoutrements; to the seventh brigade, one hundred and sixty muskets and accoutrements; to the eighth brigade, one hundred and twenty muskets and accoutrements; to the ninth brigade, ninety-six muskets and accoutrements; to the tenth brigade, forty-eight muskets and accoutrements; to the eleventh brigade, ninety-six muskets and accoutrements; to the twelfth brigade, seventy-two muskets and accoutrements; to the thirteenth brigade, seventy-two muskets and accoutrements; Provided, said application shall be accompanied with the bond Colonel or of the colonel commanding the regiment to which the volunteer corps, of the regi for whose use the arms are drawn, shall be attached, or some other ment to give officer of said regiment, with good and sufficient security, in double the value thereof, conditioned for the safe keeping and return of said arms, when called for by the proper authority. other officer bond. Ib. Sec. 3. Bond paya ble to the and to be ap § 6. Said bond shall be made payable to the governor for the time being, and his successors in office, and be approved of by him. 7. The pistols and sabres now in the arsenal shall be distributed governor, on the conditions prescribed in the second section of this act, and in proved by the following manner, to wit: To the first brigade, thirty-nine sabres; Sec. 4. to the third brigade, eighty pistols; to the fourth brigade, eighty pis- Pistols and tols; to the fifth brigade, forty-five sabres; to the tenth brigade, forty- distributed. five sabres; to the twelfth brigade, eighty pistols. him. sabres, how Quota as in 12 months, may be dis tributed to § 8. Should the officers of either brigade, neglect to make application Ib. Sec. 5. for said arms within twelve months from the passage of this act, on signed, if not the conditions pointed out in the second section of this act, it shall be applied for the duty of the commander-in-chief, on application from either of the other brigades, to order the same to be furnished to said applicant retr on his complying with the provisions of the aforesaid second section. gades. § 9. The governor is hereby authorized and required, whenever it 1828-(22) shall by him be deemed expedient, to call in such portion of the pub- Sec. 1. lic arms as may have been, or may hereafter be delivered, or cause a may call in renewal of the bond or bonds which may have been taken, with good and sufficient security. Governor arms, or cause bonds to be renew. ed. Ib. Sec. 2. bute arms to § 10. A discretionary power is hereby vested in the governor to distribute the public arms that are now, or hereafter may be received, for May distri the use of this state, among the volunteer companies, if applied for, in volunteer such manner as he may think proper, having a due regard to the dif- companies. ferent sections of the state. Governor to § 11. Whenever any of the public arms may be distributed, it shall Ib. Sec. 3. be the duty of the governor to take bonds in the manner directed by take bonds. the proviso to the second section of the act, to provide for the distribution of the public arms, among the different volunteer corps in this state, passed fourth January, 1827. [See § 5.] Sec. 4. § 12. The governor shall cause the assistant adjutant-general of each 1828-(23) brigade to examine and inspect all the public arms which may be distributed or delivered to volunteer companies in his brigade, and for jutant-genewhich bonds may be given, at least once in every year, and report gades to intheir number, and the order in which said arms are kept, and also the spect arms. rals of bri probable solvency of the makers of the bonds ;-and on failure of any assistant adjutant-general to perform the said service, when and as required by the governor, he shall be liable to a fine of fifty dollars, to be recovered as other fines and forfeitures under the militia laws. 1827-(6) To be elected ASSESSOR AND COLLECTOR OF TAXES. 1. The assessors and tax-collectors for the different counties in this by the quali. state, shall be elected by the voters qualified by the constitution to fied electors. vote for members of the general assembly. Ib. Sec. 3. On the first Monday in August. Ib. Sec. 4. how conduct. ed. Ib. Sec. 5. Sheriff to re. to judge of county court, § 2. All elections for said officers shall be holden annually on the day of the general election, preceding the year for which said officers may be elected. §3. The elections contemplated by this act, shall be conducted in the same manner and regulated by the same laws, as the elections for members of the general assembly. § 4. It shall be the duty of the sheriffs to report the persons elected turn election by virtue of this act, to the judges of the county courts of their respective counties, whose duty it shall be to give the person so elected a and Judge to certificate of his election, so soon as the assessor and tax-collector give certifithus elected shall comply with the laws now in force, by giving bond with security and taking the necessary oaths of office. cate of elec⚫ tion. Ib. Sec. 7. Vacancy in office of assessor and collector to § 5. In case of vacancy either by refusal to accept, or to give bond and security, death, resignation, or otherwise, it shall be the duty of the judge of the county court and commissioners of roads and revenue, be filled by to fill such vacancy, on giving ten days notice of the time thereof: judge of County court, &c. 1821-(34) Sec. enter into bond. Provided, that if the office of county court judge be vacant, the commissioners of roads and revenue shall make the appointment; and if a majority of them cannot agree, the appointment shall be made by the clerk of the county court; and if there be no clerk, by the justice of the peace residing nearest the seat of justice for the county in which such vacancy may exist. § 6. Each assessor and collector shall, before he enters upon the duAssessor and ties of his office, give bond and security, to be approved by the judge collector to of the county court, payable to the governor for the time being and bond. his successors in office, in the penal sum, of double the amount of Amount of the taxes of the county, to be estimated by the judge taking such bond, conditioned for the faithful performance of the duties required of him while in office; and the judge shall cause said bond to be recorded in the office of the clerk of the county court; and the clerk shall thereOriginal to after transmit said bond to the comptroller of the state, to be by him be transmit safely kept in his office; and a certified copy of the record of said bond shall be good and sufficient evidence thereof, in case the original shall be lost. 1 To be record ed. ted to comp troller. Fb. Sec. 3. Oath to be taken. § 7. The assessors and collectors respectively shall, before they enter upon the duties of their office, take and subscribe the following oath, to wit: "I, A. B. do solemnly swear (or affirm) that I will to the best of my knowledge and abilities, perform the duties of assessor and collector of the taxes of the county of without partiality, fa vor, or affection: So help me God." 1 In case of the absence or incapacity of the judge, or when the office of judge is vacant, the bond may be taken by the clerk of the circuit court.-See "County Officers,”—§ 12. Sec. 4. elected, to 8. Should any assessor and tax-collector be re-elected to said of- 1829-(7) fice, it shall be his duty to present receipts in full from the state and Assessor and county treasurers, for the taxes of the preceding year, together with collector rehis bond for approval, to the judge of the county court, on or before produce rethe first Monday in January after such re-election; and should such ceipt in full tax-collector fail to do so, it shall be the duty of said judge, to declare the year prethe office of such tax-collector vacant, which vacancy shall be filled as Office va is provided by law. NOTE.-The foregoing title relates only to the appointment and qualification of assessors and collectors. Their duties, which are multifarious, will be found under the heads of "Tavern-keepers," &c. and "Taxes." for taxes of ceding. cated by fail ure. ATTACHMENT. 1833-(22) ventus, or pluries ca. not appear. final judg judgment Property at tached liable to the judg. ment, and execution for the residue. Who may is. § 1. When a writ shall issue from any of the courts of this state, commanding the sheriff or other officer, to take the body of any per- On return of son, to answer any civil action in said court, and the sheriff shall re- non est inturn that the defendant is not to be found within his county, the plain- plaintiff may tiff may, at his election, sue out an attachment against the personal sue out alias estate of such defendant, or an alias or a pluries capias, returnable pias or an in the same manner as original process. And if on the issuance of attachment. an attachment, the sheriff shall return any goods by him attached, and Defendant the defendant shall fail to appear, and plead within the time limited by ing, plaintiff the laws regulating pleadings, the plaintiff shall be entitled, if in an may have action of debt, to final judgment, and if an action sounding in damages, ment, or into an interlocutory judgment, and may execute a writ of inquiry at the terlocutory succeeding term. And the goods so attached, if not replevied or sold, with writ of according to the rules hereinafter prescribed, for goods taken on ori- inquiry. ginal attachments, shall remain in the custody of the sheriff until final judgment, and then be disposed of in the same manner as goods taken on a writ of fieri facias; and if the judgment shall not be satisfied by the goods attached, the plaintiff shall have execution for the residue. § 2. Original attachments, foreign and domestic, may be issued by any judge of the circuit or county courts, or any justice of the §3. Every judge or justice, before issuing an attachment, shall re- ments. quire the party applying for the same, his agent, attorney or factor, to Affidavit remake affidavit in writing, that the person against whom the attach- fore issuing ment is prayed, absconds, or secretes him or herself; that he or she re- an attach sides out of this state; that he or she is about to remove out of this state, so that the ordinary process of law cannot be served upon him or her; or that he or she is about to remove his or her property out of the state, and that thereby the plaintiff will probably lose the debt, or have to sue for it in another state; and shall further require the person applying for an attachment, his or her agent, attorney or factor, to swear to the amount of the sum due the plaintiff, and that an attachment is not sued out for the purpose of vexing or harassing the defendant; and shall further require the plaintiff, his agent, attorney or factor, to give bond payable to the defendant in double the amount sworn to be due, conditioned that the plaintiff shall prosecute his or her Plaintiff's attachment to effect, and pay the defendant all such damages as he or she may sustain by the wrongful or vexatious suing out of such attachment: which bond, together with the affidavit of the party complaining, his agent, attorney or factor, subscribed with the proper peace. sue attach quired be ment. bond. fidavit to be returned ment. ments. Bond and af- name of the person making the same, shall be returned by the judge or justice taking the same, to the court or justice to which the attachwith attachment is returnable; and upon such bond and affidavit being made as Duty of hereinbefore provided, it shall be the duty of said judge or justice, to judges and grant an attachment against the estate of such debtor, wherever the justices to issue attach- same may be found, in the hands of any person or persons, indebted to or having any of the effects of the defendant, or so much thereof as shall be of value sufficient to satisfy the debt or demand, and costs of Attachment the complainant; which attachment shall be deemed the leading prothe leading cess in such action, and the same proceedings shall be had thereon, Attachment as in judicial attachments. Every attachment issued without bond and bond or affi affidavit, taken and returned as aforesaid, shall be abated on the plea of the defendant. process. without davit, to abate. Over 50 dol turnable to § 4. Whenever the sum sworn to be due shall exceed fifty dollars, lars to be re- it shall be the duty of the person issuing the same, to make it returnable to the circuit or county court, as the party applying therefor may require. circuit or County court. Not exceed. ing 50 dol. lars, returna. ble before justice of the peace. Form of an attachment. § 5. Justices of the peace shall have the exclusive right of issuing attachments, where the sum sworn to be due, shall not exceed fifty dollars; and all such attachments shall be returnable before some justice of the peace, according to the laws regulating the return of process, issued by justices of the peace. § 6. And to prevent errors in issuing attachments, and taking bonds A. B. (or A. B. attorney, agent or factor, as the case may be, of C. as the case may be,) that E. F. is justly indebted to him (or the said day of day of judge Which attachment shall be signed and sealed by the judge or justice granting the same. And the bond to be given on obtaining such attach |