ACTS OF THE SECOND SESSION OF THE GENERAL ASSEMBLY OF ALABAMA. An Act to alter and enlarge the terms of certain Circuit den. Section 1. BE it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the Circuit Court in the county of Madison shall commence on the first Courts Mondays in February and September, and the term shall be three when holweeks each; in the county of Jackson on the fourth Mondays in February and September, and the terms shall be one week each; in the county of Cotaco on the first Monday in March and the first Monday after the fourth Monday in September; in the county of Blount on the second Monday in March and the second Monday after the fourth Monday in September; in the county of St. Clair on the third Monday in March and the third Monday after the fourth Monday in September; in the county of Shelby on the fourth Monday in March and the fourth Monday after the fourth Monday in September; in the county of Limestone on the second Mondays in March and October, and each term shall be two weeks; in the county of Lawrence on the fourth Mondays in March and October, and each term shall be two weeks; in the county of Lauderdale on the second Mondays after the fourth Mondays in March and October; in the county of Franklin on the third Mondays after the fourth Mondays in March and October; in the county of Marion on the fourth Mondays after the fourth Mondays in March and October; in the county of Pickens on the fifth Mondays after the fourth Mondays in March and October. Sec. 2. And be it further enacted, That the circuit courts in the county of Montgomery, shall be held on the second Mondays in February and August; in the county of Autauga on the third Mondays in February and August; in the county of Dallas, on the fourth Mondays in February and August, and may continue in session wo weeks; in the county of Wilcox on the second Mondays in March and September; in the county of Butler on the third Mondays in March and September; in the county of Henry, on the fourth Mondays in March and September. Sec. 3. And be it further enacted, That the circuit courts in the county of Conecuh, shall hereafter be held on the third Mondays in March and September; in the county of Monroe, on the fourth Mondays in March and September, and may continue two weeks; in the county of Clark, on the second Mondays in April and October, and may be held two weeks; in the county of Washington on the fourth Mondays in April and October, and may continue two weeks; in the county of Baldwin, on the second Mondays in May and November; and in the county of Mobile, on the third Mondays in May and November, Supreme Sec. 4. And be it further inacted, That from and after the passage of Courtwhen this act. the term of the supreme court shall commence on the second Mondays in June and December, in each and every year. holden Process when re Sec. 3. And be it further enacted, That all process now or hereafter made returnable to any of the said courts, at the first term thereof by turnable. the present law, shall be returned to the first term of said courts, as changed by this act, and shall be proceeded on as though made returnable thereto. Pickens Sec. G. And be it further enacted, That all laws and parts of laws, contravening the provisions of this act, be and the same are hereby repcaled. Sec. 7. And be it further enacted, That the Governor be, and he is Writ of e- hereby authorized forthwith to issue a writ of election to some fit lection for persons in the county of Pickens, requiring them to hold an election officers in at the different places of holding the general elections in said counCounty. ty, for the purpose of electing a sheriff, clerk of the circuit and of the inferior court, and make return of the persons so elected, agreeable to the Constitution and the election laws of this State, to be County commissioned accordingly; and the inferior court for said county courtwhen shall commence on the burth Monday in February, May, August and November.. holden. Militia Sec. 8. And be it further enacted, That the militia of the county of Pickens, compose the thirty-fourth regiment and be attached to the what reg' fifth brigade of the militia in this State. Dallas. Sec. 9. And be it further enacted, That the county courts in the counCounty ty of Dallas, shall hereafter be holden on the first Mondays in Court February, May, August and November, and that this section of this act, shall commence and be in force from and after the first day of January next. Challenge fjury. Offenders Sec. 10. And be it further enacted, That in all jury trials, either party may and shall have the rights to a peremptory challenge of four of the jury. Sec. 11. And be it further enacted, That hercafter it shall and may be tried be lawful to try offenders by indictment in all cases which are now required by law to be tried on presentment. n indictients. Dinpensa ors, Sec. 12. And be it further enacted, That hereafter, each and every grand juror, and juror of the original pannel, shall be entitled to receive on of ju- one dollar for each and every day he may serve as such, and mileage as heretofore allowed; which shall be paid out of any monics in the county Treasury on the certificate of the clerk, of his having served as such; and in case there should not be funds in the county treasury for the payment of such demands, the certificate of such juror shall be reccivable by the collector of taxes for county purposes, in their respective counties. [Approved Dec. 21st, 1820.] An Act to establish a State University. Section 1. BE it enacted by the Senate and House of Representatives iversity of the State of Alabama in General Assembly convened, That a Seminary of Learning be and the same is hereby established, to be denominated "The University of the State of Alabama.” be esta shed. m'rs. ap inted. Sec. 2. And be it further enacted, That three commissioners shall be appointed by the Governor, within each county wherein any of the lands reserved by the United States for a Seminary of Learn ing may be situated, who shall enter into bond with sufficient secu- To leave. rity to the Governor and his successors in office for the faithful performance of their duty, whose duty it shall be to lease the said lands, which leasing shall be for the term of one year from the first day of January next; and shall be done at public auction, offering the said lands n convenient tracts, and in such way as may be deemed most advantageous to the state, and also giving advertisement in the nearest public paper, of the lands so to be offered, at least two weeks previous to the offering of the same: Provided, that no improved land Minimum, shall lease for a less price than two dollars per acre, for the said term of one year. Sec. 3. And be it further enacted, That the said Commissioners are Lands tobu hereby authorized and required, as soon as may be, to employ the surveyed. county surveyor, or some suitable surveyor, to admeasure the improved land as aforesaid, and to make report of the condition of the same under the direction of the said commissioners, to be returned to them with a plat of the said improved lands; the expence to be paid out of the rent of the lands. comr's. Sec. 4. And be it jurther enacted, That it shall be the duty of the commissioners appointed by virtue of the third section of this act, to Duty of take bond with sufficient security for every such lease payable to the Governor and his successors in office, and to deposit the same with the Comptroller, and to take covenants from the several lessees against the commission of waste, or suffering the same to be committed; and for delivering possession at the expiration of the lease; and it shall also be the duty of the said commissioners to visit the several tracts reserved within their counties respectively at least once in every period of six months for the purpose of preventing waste or trespasses from being committed; and it shall be their duty to give information of all waste or trespasses on said lands, to the Solicitor of the circuit in which such lands shall be, whose duty it shall be to prosecute the same. how pun Sec. 5. And be it further enacted, That any person or persons who may, after the first day of January next, unlawfully enter upon, and Trespass destroy any timber or improvements on any of the lands granted ished. to this state for a Seminary of learning, shall on indictment and conviction, be fined in treble the amount of the damages, to be assessed by a jury, which fine shall be applied to the fund herein before provided, for the purposes of the said University. Sec.6. And be it further enacted, That the Commissioners appointed in virtue of the third section of this act, shall receive a commission of Com'rs four per centum on the amount of all sums for which they shall re- compensa turn bonds taken by them for leasses of lands, as full compensation tion. for all services. Sec. 7. And be it further enacted, That the same proceeding may be had, and before the same jurisdiction for enforcing the payment of any of the bonds or securities, that may be taken in virtue of this act, as is authorized by law in the case of defaulting collectors of the public taxes, and it shall be the duty of the officer who prosecutes for the state, for the recovery of the revenue against defaulting collectors, to prosecute for the recovery of the arrears of rent under this act. Rent how recovered Sec. 8. And be it further enacted, That all prosecutions under this act, shall be carried on as other prosecutions in the name of the state of Alabama; and it shall be the duty of the Solicitors of the se- Fines how veral circuits in this state upon information of said commissioners to disposed of. how reco prosecute such offenders and to receive the fines imposed by this act, and pay the same into the public treasury. Sec. 9. And be u further enacted, That all persons who hold or have received any rent or money accruing on the sixteenth sections, previous to the first day of January 1820, be and they are hereby re16 section quired to pay or deliver over the same to the agents of the sixteenth money due sections, in their respective townships, elected according to the provered. visions of the act to provide for leasing, for a limited time, the lands reserved by the Congress of the United States, for the support of schools within each township in this state, for a Seminary of learning, and for other purposes: And in case of refusal or neglect so to do, the said agents are hereby authorized and directed to instruct the Solicitor of their respective circuits to proceed to the recovery of the same, any law, usage or custom, to the contrary notwithstanding: And the Solicitors of the different circuits are hereby authorized and required to commence suit agreeable to such instructions. Sec. 10. And be it further enacted, That the Commissioners appointed under this act, shall have the power to apply so much of the rent aCom'rs rising from any tract of cleared land as may be sufficient to put the fences to provide same under a good and lawful fence, provided nothing in this act shall be so construed as to operate on any parcel of cleared land, which may be under a good fence at the time the same shall be offered for lease. [Approved Dec. 18th, 1820.] Petition recited An Act to regulate the proceedings in suits at Section 1. BE it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That when any person or persons holding a bond or note for the direct payment of money may desire to bring suit thereon, he or they may do so, by filing such bond or note with the clerk of any court having jurisdiction thereof, with a petition purporting as follows, "State of Alabama, Circuit or County Sct. A. B. plaintiff states that he holds a bond or note (as the case may be) on the defendant C. D. in substance as followeth, (here insert a copy of the bond or note) yet the said debt remains unpaid wherefore he prays judgment for his debt and damages for the detention of the same together with his costs, &c. A. B." Sec. 2. And be it further enacted, That if such bond or note is held Endorse by an assignee or indorsee, then, after reciting the bond or note, ment to be "on which is the following assignment or indorsement, (recite the assignment or indorsement) whereby the plaintiff hath become the proprietor thereof, of which the defendant hath had due notice." Sec. 3. And be it further enacted, That a copy of the petition with a Copy of pe summons annexed thereto, requiring the defendant to appear and tition to be answer the demand on the first day of the next succeeding term, annexed to which shall be issued by the clerk, and served by the sheriff by delivering a copy of the petition and summons to the defendant, and cach of the defendants, if there be more than one. summons Sec. 4. And be it further enacted, That the sheriff in his return shall Judgment note the lay on which it shall have been executed, and whenever it aist term shall appear therefrom that it has been executed five days or more before the return day, judgment may be rendered the first term, subject however to be continued for cause shown; but if the pro- To be cess be not executed five days before the return day thereof, a con- continued tinuancé shall be entered, unless a trial shall be had by consent of for cause. parties. clarations. Sec. 5. And be it further enacted, That the petition shall stand in Petitions in place of a declaration, and the defendant may appear and plead lieu of dethereto as in an action of debt and issue be joined accordingly; which issue shall stand over to, and be tried at, the next term of the court in which such suit may be instituted, unless a trial is had at the first term by consent of the parties, but if the defendant does not appear Judgment by default. and plead, judgment may be taken by default. turn term Sec. 6. And be it further enacted, That it shall be lawful in all ac- Judg't retions of debt, assumpsit, and covenant, to take judgment at the re- unless plea turn term thereof, but the defendant may upon filing a plea to the merits, have the suit continued. Sec. 7. And be it further enacted, That in all cases when judgment Judgment passes against the defendant at the first term, such judgment from the lien. date thereof shall be a lien on the estate of the defendant; but execution shall not issue thereon, until the expiration of sixty days after the end of said term. Sec. 8. And be it further enacted, That if the defendant shall before, execution issues on such judgment tender to the clerk of the court where the judgment was rendered good and sufficient security, to be Judgment approved of by the said clerk for the amount of the judgment, inter-may est and costs of suit, the clerk shall take a recognizance to the effect following": term of "Whereas A. B. plaintiff at the judgment against C. D. defendant for the sum of court obtained a stayed be or damage, (as the case may be) and costs of suit or if the judg ment be in damages therefor, the sum of damages and costs Recogniz. of suit; and whereas the said C. D. hath tendered E. F. to be bound ance. with him to the said A. B. for the amount of the said judgment, interest and costs. I G. H. clerk of said court, do hereby accept for the said A. B. the following recognizances, to wit: We the said C. D. and E. F. hereby acknowledge ourselves to be bound to the said A. B. in the said sum of debt interest or damage and costs of suit; or damages and costs of suit (as the case may be) and the further sum of for taking this recognizance, to be paid to the said A. B. six months after the date hereof, with interest thereon from the date of said judgment; and if we shall delay payment: thereof, for the space of sixty days after the said term of six months, then execution is to issue against our estates or bodies, as the said A. B. may direct for the amount of this recognizance with interest as aforesaid. Signed, sealed, and delivered in the presence of the said G. H. clerk of C. D. L. s. E. F. L. s. Which recognizanee shall have the force and effect of a judgment, and execution may issue thereon as upon other judgments, but after the execution of he recognizance as aforesaid, the lien created by the judgment shall cease. Lein cease Recogniz Sec. 9. And be it further enacted, That the said recognizance may be satisfied and discharged by the payment of the amount thereof to ance may the clerk of said court, at any time before execution issues thereon, be satisfied and by paying one half per centum thereon to said clerk for his trouble in collecting and securing the money. And upon the payment thereof, the clerk shall in the presence of the said defendant, his |