DIGEST OF THE LAWS OF ALABAMA. ACADEMIES. § 1. ALL houses and lots of land held by any incorporated academy 1832—(17) in this state, shall not be liable to the payment of any taxes for either c Incorporated state, county, or corporation purposes, so long as the same shall be exempt held and occupied by any company for the purpose of schools. from taxes. ALABAMA. Sec. 3. § 1. ALL that tract of country bounded on the west by the Missis- Act of Consippi, on the north by a line to be drawn due east from the mouth of gress, 1798. the Yazoo to the Chatahooche river; on the east by the river Chata- Mississippi Territory es hooche, and on the south by the thirty-first degree of north latitude, tablished. shall be, and hereby is constituted one district, to be called the Mississippi territory. Sec. 7. § 2. The tract of country lying north of the Mississippi territory, Act of Conand south of the state of Tennessee, and bounded on the east by the gress, 1804. state of Georgia, and on the west by the state of Louisiana, shall be, Boundaries and the same is hereby annexed to, and made a part of the Mississippi territory. enlarged. gress, 1812. 3. All that portion of territory lying east of Pearl river, west of Act of Con the Perdido, and south of the thirty-first degree of latitude, shall be, Sec. 1. and the same is hereby annexed to the Mississippi territory. Boundaries further en gress, 1817. Alabama ter boundaries 4. All that part of the Mississippi territory which lies within larged. the following boundaries, to wit: beginning at the point where the Act of Con. line of the thirty-first degree of north latitude intersects the Perdido Sec. 1. river, thence east to the western boundary line of the state of Georgia, ritory formthence along said line to the southern boundary line of the state of ed, and its Tennessee, thence west along said boundary line to the Tennessee river, defined. thence up the same to the mouth of Bear creek, thence by a direct line to the north-west corner of Washington county, thence due south to the Gulf of Mexico, thence eastwardly, including all the islands within six leagues of the shore, to the Perdido river, and thence up the same to the beginning, shall, for the purpose of a temporary government, constitute a separate territory, and be called “Alabama." § 5. The inhabitants of the territory of Alabama are hereby author- Act of Con ized to form for themselves a constitution and state government, and Sec. 1. to assume such name as they may deem proper; and the said terri- The inhabi gress, 1819. tants of Ala a Constitution and ment. ted into the Union. bama autho- tory, when formed into a state, shall be admitted into the Union, upon rized to forin the same footing with the original states, in all respects whatever. § 6. The said state shall consist of all the territory included within state govern- the following boundaries, to wit: beginning at the point where the To be admit- thirty-first degree of north latitude intersects the Perdido river; thence, east, to the western boundary line of the state of Georgia; thence, along said line, to the southern boundary line of the state of Tennesof the state. see; thence, west, along said boundary line to the Tennessee river; thence, up the same, to the mouth of Bear creek; thence, by a direct line, to the north-west corner of Washington county; thence, due south Including is to the Gulf of Mexico; thence eastwardly, including all islands withlands within in six leagues of the shore, to the Perdido river; and thence, up the same, to the beginning. six leagues of the shore. Ib Sec. 3. Line of de marcation be run and cut by the § 7. It shall be the duty of the surveyor of the lands of the United States south of the state of Tennessee, and the surveyor of the public between Mis- lands in the Alabama territory, to run and cut out the line of demarcasissippi and the state to tion, between the state of Mississippi and the state to be formed of the be formed, to Alabama territory; and if it should appear to said surveyors, that so much of said line designated in the preceding section, running due south, from the north-west corner of Washington county to the Gulf of Tennessee of Mexico, will encroach on the counties of Wayne, Green, or Jackveyor of Ala. son, in said state of Mississippi, then the same shall be so altered as bama Terri- to run in a direct line from the north-west corner of Washington county to a point on the Gulf of Mexico, ten miles east of the mouth of manner, pro- the river Pascagoula. surveyors of lands south and the sur tory. In what vided, &c. Con. Ala. Preamble. § 8. We, the people of the Alabama territory, having the right of admission into the general government, as a member of the Union, consistent with the constitution and laws of the United States, by our representatives, assembled in convention at the town of Huntsville, on Monday, the fifth day of July, one thousand eight hundred and nineteen, in pursuance of an act of congress, entitled "An act to enable the people of the Alabama territory to form a constitution and state government, and for the admission of such state into the Union, on an equal footing with the original states;" in order to establish justice, ensure tranquillity, provide for the common defence, promote the general welfare, and secure to ourselves and our posterity, the rights of life, liberty, and property, do ordain and establish the following constitution, or form of government; and do mutually agree with each State formed other to form ourselves into a free and independent state, by the name and name of "The State of Alabama." And we do hereby recognize, confirm, Boundaries and establish the boundaries assigned to said state by the act of conCongress re- gress aforesaid :-subject to such alteration as is provided in the third cognized and section of said act of congress, and subject to such enlargement as confirmed. may be made by law in consequence of any cession of territory by adopted. assigned by the United States, or either of them. NOTE. The titles of the acts referred to in the margin, may be found in page xlviii. Con. Ala. tion, how AMENDMENTS TO THE CONSTITUTION. THE general assembly, whenever two-thirds of each house shall deem it necessary, may propose amendments to this constitution, which proposed amendments shall be duly published in print, at least three months before the next general election of representatives, for the consideration of the people, and it shall be the duty of the several returning officers, at the next general election which shall be held for representatives, to open a poll for, and make a return to the secretary of state for the time being, of the names of all those voting for representatives, who have voted on such proposed amendments; and if thereupon it shall appear that a majority of all the citizens of this state, voting for representatives, have voted in favour of such proposed amendments, and two-thirds of each house of the next general assembly shall, after such an election, and before another, ratify the same amendments by yeas and nays, they shall be valid, to all intents and purposes, as parts of this constitution: Provided, That the said proposed amendments shall, at each of the said sessions, have been read three times, on three several days, in each house. Consolidated. cers holding certifying the § 1. Whenever any amendment of the constitution of this state 1829-(5) and may be proposed by the legislature to the people thereof, it shall be 1830-7) the duty of each officer holding the next general election, to inquire Duty of offof every voter, whether he votes for or against the proposed amend- election, in ment or amendments; and the managers holding said elections shall taking and cause the respective clerks to enter the name of every person voting, votes on the with the word, "Yea," or "Nay," as he may vote, opposite his propose name; a list of which said names he shall certify and return to the to the constisheriff or other returning officer in his county, who shall send up Sheriff or rea true and correct list of the names of all persons so voting, certified turning offi. under his hand to the secretary of state, within thirty days after the return to seresult of the election in each county or district shall have been ascer-cretary of tained. amendment tution. cer to make state. failure. § 2. If any sheriff or officer holding or returning or managing any Penalty for election in this state, shall fail to perform the duties required of them by this act, such sheriff or other officer shall forfeit and pay the sum of five hundred dollars, to be recovered by action of debt, in any court having jurisdiction thereof, one half to the use of the state, and the other half to any person who may sue for the same; and shall also forfeit his office, and shall be incapable of holding the same again for the term of six years. state's du ties. §3. It shall be the duty of the secretary of state to cause this act Secretary of together with the resolutions proposing amendments to the constitution, to be published in print throughout the state, three months preceding the next general election; and he shall give notice of the failure of every returning officer, who fails to make the return as hereinbefore prescribed. officer to re § 4. It shall be the duty of the several returning officers mentioned Returning in this act, to return the number of all those who may vote for Repre- turn the sentatives and not for the proposed amendments, to the secretary of number of those voting state, at the same time and in the same manner that they return the for Represen votes for and against the proposed amendment to the constitution. tatives, and not for the amendment. ARBITRATION. Mode of pro minate suits § 1. It shall be lawful for all persons desirous to end any contro- 1819-(4) versy or suit by arbitration, to appoint any person or persons as ceeding in arbitrators, and (if no suit is pending) the parties shall concisely state order to terin writing the nature of the controversy to any court having jurisdic- and contro tion thereof; whereupon the court shall issue an order, certified by versies by arthe clerk of the court, and directed to said arbitrators, stating the dispute to them referred:-Or if in vacation, such statement may be bitration. 11, 1820, Sec. 2. made to the clerk of the court, who shall issue the order heretofore a Act of Dec. required to be issued by the judges. And in case any arbitrator or arbitrators so appointed shall fail or refuse to act, the parties shall have power to appoint one or more arbitrators (as the case may be) in writing, which shall be signed by such parties, deposited in the hands of the arbitrators, and by them returned to the proper officer with the other papers-said arbitrators, or either of them are empowArbitrators ered to issue subpoenas for witnesses, under the same regulations as subpoenas for are prescribed by law in cases of suits, to which all sheriffs and conwitnesses. stables are directed to give obedience; and all persons summoned as witnesses, by virtue of said subpoenas, shall be allowed the same Witnesses' compensation, while travelling to, and attending on said arbitration, tion, privile, and be equally privileged from arrest, or on failure to attend at the ges, and lia- times and places in said subpoenas expressed, shall be subject to the same fines and penalties as witnesses are in similar cases, in the circuit courts. may issue compensa bilities. Arbitrators to be sworn. To make award in writing. § 2. The arbitrators so chosen, before they enter on the investigation of any matters to them submitted, shall take an oath or affirmation, impartially to determine the controversy to them submitted, agreeably to evidence and the equity of the case, to the best of their judgment, without favor or affection; which oath shall be administered to them by any judge or justice of the peace within this state. The said arbitrators shall make up their award in writing, under their hands and seals, noting therein the time at which it was made; one fair copy of which, signed as aforesaid, shall immediately upon its being made, be delivered to each of the contending parties; and the original shall be delivered to the court in which the commission was made, at the court next succeeding the date of said award. The Award to be award so made, shall be entered of record, and made the judgment or decree of said court, and shall not be invalidated, set aside, or appealed from, unless it shall be made to appear to said court, that such award was obtained by corruption, evident partiality, or other undue means, in which case, either party may appeal therefrom to any court having be appealed cognizance thereof, under the rules and regulations prescribed by law for granting appeals from said courts. entered of re cord. For what causes it may from. Award not affected by informality, § 3. No award, made by virtue of this act shall be liable to be examined into, superseded or reversed by writ of error, or set aside by if it decides the court to which it was returned, for want of form only, nor for other irregularity, if such award decides the case, suit, matter, or controversy submitted to arbitration.(1) the case. When not exceed 50 dollars. § 4. In cases of suit or controversy, where the amount shall not amount does exceed fifty dollars, the parties may obtain an order from a justice of the peace, directed to such arbitrators as may be appointed, stating the dispute to them referred, who shall take the oath, proceed in the same manner, and exercise the same powers hereinbefore provided; and judgment shall be entered upon the award of the said arbitrators, when rendered to the justice by whom the order was made, which shall not be set aside, invalidated, or appealed from, except in the manner and for the causes prescribed in this act. Compensa. tion of arbitrators. § 5. The arbitrators for their services shall receive two dollars per day, if demanded, to be paid jointly by the contending parties, before (1) An award shall not be set aside because the arbitrators state as the ground of it, matter which is not a legal cause of action: Goodwin v. Yarbrough, 1 Stewt. Rep. 152. The court will intend everything which the record will warrant, to sustain a judgment rendered on an award: Tankersley r. Richardson, 2 Stewt. Rep. 130. Award held sufficient to support the judgment although no declaration was filed: Ib. the delivery of the copies of the award: and the justices1 and clerks shall be allowed, for all the services performed by them under this act, the same fees as are allowed by law for the like services in cases of a similar nature. clerks, how 6. The fees to the justices and clerks, prior to the return and en- Fees of try of the award, shall be jointly paid down by the contending parties, paid. as those services are rendered; but after the award is entered of record, all subsequent costs shall be charged to and collectable from that party against whom the judgment or award shall be, under such award, except the award shall otherwise direct. Sec. 1. may lodge a thereof with §7. When any persons who may have a dispute of what nature 1824-(13) soever, shall agree to have the same determined by referees, mutually Party mak chosen by the parties for the purpose, it shall be lawful for the person ing a demand or persons making the demand in the action, to make out a particular statement statement thereof, under his or their hands in writing, and to lodge justice of the the same with some justice of the peace, of the county in which either peace. of the parties may reside; and the said justice, on application of the parties, shall make out an agreement to be annexed to the aforesaid demand, and to be by them or their lawful agents or attorneys subscribed in substance as follows: State of Alabama, and C. D. of County: Agreement of parties to have submit. Know all men, that A. B. of agreed to submit the demand made by the said A. B. against the said C. D. which is hereunto annexed, (and all other demands as the case may be,) to the determination of E. F., G. H., and I. K.; the report of whom, or the major part of whom, being made as soon as may be, to any court of record of said county, (if the amount exceed fifty dollars; if not, to any justice of the peace of said county,) judgment thereon to be final: and if either of the parties shall neglect to appear before the Stipulation referees after the proper notice has been given of the time and place hearing. appointed by the referees for hearing the parties in this action, which notice the referees shall be the judges of, they shall then have power to proceed ex parte. A. B. C.D. for ex parte tificate. This day the above named A. B. and C. D. appeared personally be- Justice's cerfore me and acknowledged the above instrument to be their free act; Given under my hand this day of 18 Judgment 50 dollars to § 8. In all cases where the amount of the judgment rendered shall 1b. Sec. 2. exceed fifty dollars, the same shall be returned by the referees, under exceeding their hands and seals, to either the county or circuit court, of the county be returned in which such justice of the peace may dwell at the time of taking the to circuit or agreement as aforesaid; and the court to whom the report of the referees County may be made as aforesaid, shall have cognizance thereof in the same Proceedings manner, and under the same rules, as if the referees had been appointed by a rule of said court. court. thereon. § 9. In all cases were the amount of the judgment rendered as afore- Ib. Sec. 3. said, shall be fifty dollars or under, the same shall be returned to some not exceed Judgment justice of the peace of the county wherein such order may have been ing 50 dollars to be returned to some justice, who shall issue 1 The act of January 14, 1829, consolidating the several acts giving fees to justices of the peace and constables, provides no compensation for the services execution. here alluded to, and enacts, Sec. 4. "That any other service performed by any justice or constable, for which no fee is allowed by this act, shall be considered ex officio, and no fee allowed, had, demanded or received for the same." See "Fees,"-§ 13. |
