DISCONTINUANCE-Continued.

Clerk dismissing suit in vacation, shall take confession of judg
ment for costs,

But nonresident plaintiff to pay costs before dismissal,

Two discontinuances by nonsuit, equal to a verdict against the
plaintiff,

DISCOVERY.

Bill for, to lie on contracts founded on a gaming consideration
DISFIGURING.

Public buildings, monuments, &c., how punished,

Disfiguring horses, &c.

DISMEMBERING-See "Mayhem."

DISMISSAL OF SUITS-See "Discontinuance."

269

ib.

283

286

104

113

DISQUALIFICATION FOR CRIMES, &c.

Judges disqualified from holding office after attaining the age of
seventy,

General assembly required to pass disqualifying laws,

What crimes disqualify from holding offices, serving as jurors,
giving testimony and voting,

Disqualification of bank officers for embezzlement,

Persons convicted of usury, disqualified from being bank di-
rectors,

438

Assessors and collectors convicted of making a false and fraudu-
lent return, disqualified thenceforth from holding any office, 417-418
Sheriff not doing his duty in elections for amendments of the
constitution, to forfeit his office and be disqualified for six
years,

DISTILLERS.

Penalty for selling unwholesome or adulterated liquors,
May sell spirits of their own distillation by the quart,

DISTRESS.

For rent abolished,

Distress and sale may be made of lands and goods for nonpay-
ment of taxes after 1st September,

May be made any time after assessment, if party is about to

remove,

DISTRIBUTION OF ESTATES-See “Descents” and “Es-

tates of Deceased Persons."

DISTURBERS OF RELIGIOUS WORSHIP-See “ Religion,"
and Worship."

66

DIVISION OF COUNTIES-See "Counties."

DIVISION OF REAL ESTATE-See "Partition."

DIVORCES.

From bonds of matrimony, not effectual until sanctioned by two
thirds of both houses of the general assembly,

Causes for which divorces may be granted,

Applicant for divorce to proceed by bill in equity in the circuit

court,

Complainant must have resided in the state three years,

Non-resident defendants to be notified,

Defendant may answer without oath,

Bill not to be taken pro confesso, nor decree rendered without
proof,

Confessions of the parties not evidence,

What will bar a divorce,

130

ib.

131

130

131

130

ib.

ib.

131

ib.

DIVORCES-Continued.

Court pronouncing decree for divorce, shall also decree an equi-
table division of the estate,

Record of proceedings and decree, to be laid before the legisla
ture, how,

Offending party not released by the decree, and penalty for
marrying,

Parties cohabiting after divorce for cause of adultery, how pun-
ished,

From bed and board, for what causes, and how allowed,
Decree of divorce from bed and board, final,

On separation of parents, court may assign children to either,
DOCKETS.

Of causes, how kept, &c.,

Clerk of county court shall keep a docket of all proceedings

in vacation, in relation to executors, administrators, guar-
dians, &c.,

132

264

249

Clerk shall keep a regular subpoena docket,
Execution docket, how kept and what to specify,

264

83

Clerk shall enter returns of executions in the docket, in three
days after they are made, or be liable to a motion,
Clerk shall keep execution docket on clerk's table whole term,
Penalty for neglect

83-4

84

ib.

DOGS.

Slaves not allowed to keep dogs, and penalty on masters for
permitting,

DOWER.

Feme covert under twenty-one years of age, cannot convey
away her dower,

Allowed in estates for use,

Allowed in lands to which the title is not complete,
Of what the widow shall be endowed generally,

Her share of the personal estate,

Shall be endowed of one half of her husband's estate when he
dies leaving no lineal descendants, unless the estate is insol-
vent,

Widow may waive provision in a will, within one year after
probate, and claim her dower,

394

93

94

133

132

133

129, 132

132

Mode of allotting dower by metes and bounds,

Widow claiming dower may proceed by petition to the circuit
or county court,

133

Proceedings on widow's petition to be summary,

Widow may retain the dwelling-house, plantation, &c. free of
rent, until her dower is assigned her,

DOWER, RELINQUISHMENT OF-See "Conveyances."
DROVERS-See "Cattle."

DRUNKENNESS.

In disturbance of religious meeting, how punished,

ib.

ib.

ib.

How punished,

440

DUELLING.

In tavern-keepers, punished by forfeiture of license, in addition
to ordinary penalty,

356

406

General assembly authorized to pass laws to suppress duelling,
Penalty for giving, accepting, or conveying a challenge, or fight-
ing or encouraging a duel, by act of 1804,

Penalty, by act of 1819,

If either party be killed, it shall be deemed wilful murder in the
survivor and all concerned,

134

ib.

135

134, 136

DUELLING-Continued.

Justices suspecting persons of being engaged in or about to fight
a duel required to arrest all concerned, examine them, and bind
them to keep the peace, and to appear at court,
Solicitors shall prosecute all offenders,

134, 135
135

Penalty on justices and solicitors for failing to perform the duties
required by the duelling law,

Justices and other peace officers liable to indictment and dis-
missal from office for not preventing duels,

All public officers and attorneys at law to take an oath against
duelling,

Judges to give the duelling law in charge to grand juries,
Grand juries may send for persons, &c.,

Penalty for publishing a person as a coward, who shall refuse

to fight a duel,

Printer's liability,

DUTIES ON AUCTION SALES-See" Auctioneers."

EJECTMENT.

After issue joined on the title only, no exception shall be taken
to the declaration,

If crop be growing, jury shall assess rent until it can be gathered,
defendant giving bond,

Habere facias possessionem not to issue until such time,

Bonds for rent shall have the force of judgments,

ib.

136

136-7

136

ib.

ib.

ib.

Fictitious proceedings in ejectment, abolished, and action of

trespass to try title, substituted, .

Law of ejectment applicable to trespass to try titles,

Plaintiff recovering shall have execution for possession as well

Electors' privileges,

Elections by the people, shall be by ballot, until otherwise
ordered,

Bribery, or attempt to bribe at election, shall disqualify the per-
son offending from holding any office,
Offender, if elected to house of representatives, shall be ex-
pelled,

Elections for representatives shall be held at the court-house,
and other places appointed by law, in each county, on the
first Monday in August,

266

265

ib.

ib.

ib.

ib.

ib.

109

138

ib.

ib.

ib.

139

138, 140

Sheriff shall give one month's notice of general elections, by
advertisement,

Shall open the polls by 12 o'clock meridian, and keep them
open until 4 P. M., at the several precincts, and until 5 P.
M., at the court-house,
Sheriff shall provide a ballot-box, at the charge of the county,
Sheriff failing to attend elections, the coroner shall perform his
duties, and if there be no coroner, the justice of the peace
oldest in commission,

Three inspectors of election to be appointed by the county
court, at the term next before the election,

On failure of the county court to appoint inspectors, or of those
appointed to serve, the sheriff with three justices of the

138

ib.

ib.

ELECTIONS, GENERAL-Continued.

peace, or three respectable landholders, shall make the ap-
pointment,
Inspectors shall appoint two clerks who shall take down the
names of the voters on separate lists,
Inspectors and clerks to be sworn,

Additional oath of managers, not to compare numbers of names
and ballots,

Sheriff shall summon a justice of the peace to qualify the mana-
gers at the several precincts,

Justice summoned failing to attend, the managers may be
qualified by any other justice present,

If there be no justice present, the officer holding the election
shall administer the oaths,
If any manager fails to attend, or refuses to act, the other mana-
gers shall fill the vacancy; and if all should fail to attend or
act, any justice may appoint managers,
Should the officer appointed to hold the election, fail to attend,
the managers shall appoint one to act in his stead,
Inspectors shall conduct the election according to law; sup-
press riots, and cause the act regulating elections to be read
immediately after the polls are opened,

Penalty for voting unlawfully,

139, 140
140

Inspectors and managers may administer a test oath to the voter,
Manner in which votes shall be received, numbered, and count-
ed out,
Managers at the several precincts shall forward a certified
statement of the polls to the court-house,

ib.

139, 140

The persons having the greatest number of votes, shall be de-
clared elected,

When two candidates have an equal number of votes, the re-
turning officer shall have the casting vote,
Returning officer shall give each person elected, a certificate of
his election,

Returns for purpose of obtaining commissions, shall state how
the vacancy occurred, or that the appointment is an original

Returns of members' elections to be made within the first three
days of the succeeding session,

Returns of elections of members of general assembly, and of
officers to be commissioned by the governor, shall be made
to the secretary of state,

Mode of contesting elections for the general assembly, and of
taking testimony therein,

In case of a contest, votes and list of voters to be forwarded
from the precincts to the court-house, and the whole trans-
mitted to the secretary of state,

Votes and list of voters to be preserved twenty days, and then
be destroyed, unless notice is given that the election will be
contested,

Shall give a list of voters and votes, on application, to any one
elected to the general assembly or to congress,

ib.

ib.

140-1

140, 141

144-5

138

140

one,

Penalty for holding elections contrary to law,
Penalty for failing to make returns,

Vacancies occurring in general assembly, governor to issue
writ of election,

141

139

139, 140, 141

142

ELECTIONS FOR JUSTICES OF THE PEACE AND CONSTABLES-See

"Justices" &c.

Mode of contesting justices' and constables' elections,
ELECTIONS FOR REPRESENTATIVES TO CONGRESS.

State divided into five districts,

Each district to elect one representative,

143

ib.

ib.

ib.

To be held every two years at the time and place of holding
the general election, and be regulated in like manner,
Candidate, receiving the greatest number of votes, elected,
Votes, how received, counted and certified,

Managers shall make returns to the sheriff of their county within
two days after the election,

Mauagers shall transmit the votes and lists of voters to the
principal managers at the court-house, where they shall be
preserved for sixty days and then destroyed, unless the elec-
tion is contested,

Returning officers shall meet on the third Monday in September,
at the court-house of the county first named in the district, to
compare the polls,

Shall give certificate to the candidate elected,

If two or more candidates have an equal number of votes, the
returning officer of the county first named shall give the cast-
ing vote,
Governor shall commission the person elected, on producing his
certificate,
Compensation of the returning officers, three dollars per day, .
Resident citizens of the district only eligible to congress,
In case of vacancy, governor shall issue writ of election,
ELECTORS OF PRESIDENT AND VICE PRESIDENT.
To be elected every fourth year on the second Monday in No-
vember,
Elections for electors, how conducted, returned, and certified,
Electors shall meet on the first Wednesday in December, after
their elections, at Tuscaloosa, and give their votes,
Electors attending may appoint others in place of those absent,
Electors' and sheriffs' compensation,

EMANCIPATION OF SLAVES.

Not to be without assent of owner, or on fair equivalent paid,
General assembly may permit owners to emancipate slaves, sav-
ing the rights of creditors, &c.

ib.
395

ib.

ib.

Slave liable for debts contracted before his emancipation,
Slaves claiming their freedom, may proceed by petition to the
circuit court,

Proceedings in such case,

EMBEZZLEMENT.

By officers of the Bank of the state of Alabama and its branches,
how punished,

61, 68, 71, 75

105

178

Of records, how punished,

Executors, administrators, and guardians, suspected of embez
zlement, may be required to give further security,

ENTAILS.

Fee-tail estates, in lands and slaves, except to a succession of
donees then living, &c. discharged of their conditions,
ENTRIES-See "Clerks."

ENTRY ON LANDS.

To be peaceable, and only in cases where allowed by law,
Right of entry limited to twenty years,