No. of justices regulated. Justices shall keep doekets. Docket shall be preserved., Restriction as to That hereafter the number of Justices of the Peace in and for the City of Mobile shall not depend on the militia beats, but there shall be elected for each ward in the city, one justice of the peace and one constable, by the qualified electors of said wards; who shall hold their offices for three years, and be governed by the same rules in every other respect that now govern justices of the peace, in their powers, duties and fees; and their terms of office shall commence from the expiration of the terms of office of the present incumbents.. Sec. 2. And be it further enacted, That all justices of the peace for said city shall keep a docket, on which shall be entered a note of each case brought before them, and of their orders and doings thereabouts; and that at the expiration of their terms of office, whether by death, or otherwise, the said books, together with the papers of their office, shall be deposited in the office of the Clerk of the Orphan's Court of Mobile county; and imperfect orders, proceedings, and judgments, may be perfected by the successor of the justice whose proceedings are thus defective. Sec. 3. Be it further enanted, That from and after the keeping offices. first day of November next, justices elected in the county of Mobile, beyond the limits of said city, shall not be permitted to keep their offices within the limits of said city. Sec. 4. Be it further enacted, That the Mayor AlderInspectors of elec men and Common Council of the city of Mobile, be charged tion for justices with appointing inspectors and officers to hold the elections. how appointed. hereinbefore provided for, in the same manner that aldermen are elected; and in case of the death or resignation of any of the justices herein provided, his place shall be filled by election, in the same manner as if his term of office had expired. R peals.] Sec. 5. Be it further enacted, That all laws, and parts of laws, contravening the provisions of this act, be, and the same are hereby repealed. Approved, Feb. 29, 1848. To establish Justices' Courts in the county of Tuscaloosa. Sec. 1. Be it enacted by the Senate and House of RepreProvisions of act sentatives of the State of Alabama in General Assembly convened, applied. That the provisions of an act, approved 5th February, 1840, entitled "an act relative to Justices' Courts, and for other purposes, in certain counties therein named," be, and the same is hereby, declared in full force, in all its provisions, for the county of Tuscaloosa, Approved, Feb. 26, 1848. In relation to Justices' Courts and Constables' Sales, in Dale county. Section 1. Be it enacted by the Senate and House of Represen tatives of the State of Alabama, in General Assembly convened, That all the provisions of an act entitled "an act relative Trovisions of an to Justices' Courts, and for other purposes, in certain act extended. counties therein named." approved February fifth, one thousand eight hundred and forty, be, and the same are hereby extended, in all its provisions, to Dale county. Approved, Feb. 4, 1848. Justices courts abolished in Jack Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That so much of au act, entitled," an act relative to justice's courts, in certain counties in this State, approved 8th Febru ary, 1843 " be, and the same is hereby repealed, so far as son county. relates to the county of Jackson, from and after the first day of April next. Approved, January 15, 1848. [No. 236.] AN ACT To establish Justices' Courts in Fayette County. Section 1. Be it enacted by the Senate and House of Represen tatives of the State of Alabama in General Assembly convened, established. That from aud after the first day of April next, the Justices Justices courts of the Peace, in the county of Fayette, shall meet at the inuster ground in their respective beats, and shall hold a To be held court once in each month, to be holden on a day to suit the monthly. convenience of the Justices of the Peace. May be held by one justice. Appeal may be taken to a jury. › Proviso, shall give bond. Sec. 2. And be it further enacted, That if one of said Justice's shall fail to attend any of said courts, then, and in that case, one of the Justices shall have full power to hold said court. Sec. 3. And be it further enacted, That if any person shall be aggrieved by the judgment of any justice of the peace, in the county of Fayette, he may appeal to a jury, at the next term of the Justice's court, to be summoned and empanelled as hereinafter provided, first giving bond in double the amount of said judgment, with good and suffcient security, to be approved by the justice or justices, payable to the opposite party, and conditioned to prosecute such appeal to effect; and in case he, she or they, be cast therein to pay and satisfy said debt and a costs; and on all such trials by jury, it shall be the duty of the justice or Justices presiding at such trial, to enter up judgment against the unsuccessful party in the verdict, and their securities in the appeal bond. Sec. 4. And be it further enacted, That jurors, for the How juries shall trial of appeals in Justices' courts, shall be provided as be provided. follows whenever any person shall consider themselves aggrieved by the judgment of any justices' court, and shall, within five days after the rendition of such judgment, apply to such justice, and demand appeal to a jury, and shall enter into bond with security, as specified in the third section of this act, it shail then be the duty of the Justice to issue a venire, facias directed to any coustable of said county, commanding him to summon not less than five. nor more than seven jurors, unconnected with either of the parties to appear at the next Justices' court for said beat for the trial of said cause; and in all cases, where the jury so summoned, shall fail to attend or be otherwise incomipetent to try said cause, it shall then be lawful to order a jury to be made up and empanelled of any of the bystanders present, who may not be incompetent to try said cause, on account of relationship or otherwise; and in all cases, each party may peremptorily challenge any two of such jury. Fees. Sec. 5. And be it further enacted. That the following fees shall be allowed for services hereinafter stated: to the Justice for taking appeal bond, issuing a venire, presiding on trial and giving judgment, one dollar; to the constable for summoning each juror, ten cents; to each of the jury sitting on such trial, fifty cents; and all other fees shall be the same as now provided by law. Sec. 6. And be it further enacted, That all property Constables' sales levied on by constables in said county, shall be sold at the time and place of holding the courts of the beat, wherein regulated. judgments shall have been rendered, unless the defendant shall consent for it to be sold at some other time and place, or unless the property be immovable, in which case, it shall be sold as now provided by law. Sec. 7. And be it further enacted, That nothing in this taken to the Cir. act shall be so construed as to prevent any person aggriev- Appeal may be ed by the judgment of any Justices' court, from prosecuting or Co. court. an appeal, or certiorari, either to the Circuit or County court as heretofore. Proviso. Sec. 8. And be it further enacted, That nothing in this act shall be so construed as to alter, or in any manner, change the present law respecting the venue of cases triable by Justice's of the Peace: And, provided, that nothing in this act shall be so construed as to alter the laws in relation to slaves, or in any manner, to alter the present law in relation to attachments, or forcible entry and detainer: And, provided, also, that any justice of the peace in said county, may issue process and proceed to try the same ac- Further proviso. cording to the law now in force, provided the plaintiff and defendant shall both consent thereto. To form an additional Regiment in the county of St. Clair. Section 1. Be it enacted by the Senate and House of Represen tatives of the State of Alabama, in General Assembly convened, That there be an additional regiment formed from that part of the Established, known as regiment one hundred and one. Sec. 2. And be it further enacted, That the commissioned of Bounds to be eat ficers of the twelfth regiment, or a majority of them, tablished. shall consti ute a court of inquiry, to lay off and establish the bounds of said additional regiment; and the said court is hereby authorized to establish company beats, with a less number than forty privates. Court shall re Sec. 3. And be it further enacted, That the court named in the second section of this act, shall report its proceedings to the port to Brig Gene Brigadier General of the proper Brigade, who shall, as soon as His duty. may be, in accordance with the 'militia laws now in force, order an election for colonel to command the said additional regi. ment. Approved, March 4, 1848. [No. 238.] the sense of the people. AN ACT: To provide for the more permanent location of the court house of Section 1. Be it enacted by the Senate and House of Repre sentatives of the State of Alabama, in General Assembly convened, Election shall be That the sheriff of Butler county be, and he is hereby required to held to ascertain cause an election to be held at the several precints in said county, on the first Monday in May next, in relation to a removal of the court house of said county; and all persons entitled to vote at said election, shall have written or printed upon their tickets either "removal" or "no removal," as they may be in favor of, or opposed to, the removal of the court house of said county; and said election shall be conducted. in all respects, as on the general elections in this State, and none but the qualified voters for representatives in said county, shall be entitled to vote at said election; and it shall be the duty of the sheriff of said county, to give at least thirty days notice of the time and place of holding said election, by advertisement posted up at the several election precincts in said county; and it shall be the duty of the managers conducting said election, to make a correct return of the same to the sheriff, at the court house within two days thereafter. Qualification of voters. Election how conducted. If mejority favor removal, other proceeding shall be bad. Sec. 2. And be it further enacted, That if, at said election there be a majority of votes in favor of "removal" then, and in that event, it shall be the duty of the sheriff to make the same known to the Judge and Commissioners of roads and revenue of said conuty, within four days after he ascertains such to be the result -of said election; and it shall then be the duty of the said Judge and Commissioners, within forty days thereafter, to select some suitable site for a court house within two miles of the geographical centre of said county, having due regard to health and other public convenience; and it shall then be the duty of said Judge. and Commissioners, as soon as they have selected said new site for a court house, to point out the same to the sheriff of said county. Sec. 3. And be it further enacted, That it shall be the duty Duty of sheriff of said sheriff, as soon as the said Judge and Commissioners have pointed out to him the new site, selected by them for a court house, to give notice, by advertisement at the several election precincts of said county, at least thirty days previous to the general, election in August next, that a poll will be opened at said election, for a permanent county site for said county. Sec. 4. And be it further enacted, That it shall be the duty of the managers of elections at the several precints of said county, Duty of managers at the general election on the first Monday in August next, provided the sheriff has advertised an election for a permanent county site for said county, to hold an election for the same; and the two places "Greenville" and "new site," shall alone be in nomination; and it shall be the duty of said managers to endorse upon the ticket of every person voting at said election, the word |