1807-(20) Sec. 23. Unfinished Mobile, on the second Monday in February and June. Monroe, on the third Monday in January, and second Monday in Montgomery, on the second Monday in May and November. Morgan, on the third Monday in January and July. Perry, on the Wednesday after the first Monday in February, and continue four judicial days: and on the fourth Monday in July, and continue twelve judicial days. Pickens, on the second Monday in June and December, and continue six judicial days. Pike, on the first Monday in June and November. Randolph, on the third Monday in June and November. Sumpter, on the second Monday in January and July, and continue Talladega, on the second Monday in June and November. Tallapoosa, on the first Monday in June and November. Tuscaloosa, on the third Monday in January and July, and continue Walker, on the fourth Monday in January and July. § 14. If the business of any of the said county courts cannot be completed, ended, and finished, within the time limited for holding the business to sessions thereof, all such actions, causes, and matters, that shall be be laid over. depending in said court, shall remain undetermined, and be laid over to the next succeeding term. Ib. Sec. 24. uance of cau § 15. None of the said county courts, nor any process in any of No discontin- them depending, shall be discontinued for or by reason of the justices' ses, for fail failing to hold court upon the day by law appointed, or of any alterabut business tion of any of the days appointed for holding the said courts; but in to stand con- every such case, all such process, matters, and things depending, ceeding term. shall stand continued, and all appearances upon returns of process, ure of court; tinued to suc 1806-(1) Sec. 1. County court shall be made to the next succeeding term in course, in the same manner as if such succeeding term had been the same term to which such process had stood continued; or such returns, or appearances, had been made; and all bonds and obligations for appearances, and all returns shall be of the same force and validity for the appearance of any person or persons, at such succeeding term; and all summonses for witnesses as effectual, as if the next succeeding term had been expressly mentioned therein. JURISDICTION AND DUTIES, WITH RESPECT TO CONVEYANCES, WILLS, § 16. The justices of the county court of each county in this territory shall, during the time of their holding such county court, hold and to hold an or- keep a court of record, to be styled and called "The Orphans' Court of the said county," for taking the probate of wills, and granting letters of bate of wills, administration on the estates of persons deceased, being inhabitants of, phans' court. To take pro &c. 1 Originally, "within six days from the commencement of the court." The sessions of all the courts were then restricted to six days. It is altered to correspond with the enlargement of the terms. or resident in the same county, at the time of their decease, for appointing guardians to minors, idiots, lunatics, and persons non compos mentis, for examining and allowing the accounts of executors, administrators, or guardians; with full jurisdiction of all testamentary and other matters pertaining to an orphan's court or court of probate, in their respective counties. ministration to of dent had a § 17. The granting of letters of administration, of the estate of any r. Sec. 19. intestate, and the hearing and determining the right of the same, shall Granting adpertain to the orphans' court of the county, in which the intestate had, to appertain at the time of his or her death, a mansion house, or known place of of the county residence. And if he or she shall have no such known place of resi- where decedence, then to the orphans' court of the county where the intestate residence, or shall die, or that wherein his or her estate, or the greater part thereof where he shall be; and the court taking the probate of any will, or granting estate lies. letters of administration, and the executors or administrators thereby authorized, shall have the same jurisdiction, power, and authority, in and over the decedent's estate, in any part of this territory, as if it were situate in the proper county of such orphans' court. died, or his keep a docket tions for pro § 18. The chief justice shall cause to be kept by the register of the Ib. Sec. 22. orphans' court, a docket in which shall be entered, in vacation, the Register to nanies of all accountants, applicants for the probate of wills, or for of applica letters of administration or guardianship, in the order as to priority of bate of wills, time such accounts were exhibited, or applications were made, to the &c. end that such accounts may be allowed, and applications heard and determined at the next term of said court; and shall moreover direct all necessary notices and citations to those principally interested, if in this territory, to appear and show cause at the next term, why such application should not be granted: Provided, That wills may be proved, and letters of administration and guardianship may be granted, where no application has been made to the chief justice in vacation. be clerk but to keep a docket. § 19. The clerk of the county court of each county shall, by virtue Ib. Sec. 23. of his office, be register of the orphans' court of the same county, and County clerk shall take and subscribe an oath or affirmation in open court, for the ex-officio, faithful discharge of the duties of his office. And it shall be the duty separate of said register to keep and preserve all records, files, and papers, pro- His duties. ceedings of the said court, as an orphans' court, separate and distinct from the records, files, and proceedings of the county court: to record all last wills and testaments, duly proved and approved; all accounts finally allowed; all inventories and appraisements duly made and sworn to; to issue all citations, subpoenas, and other process, as issue of course, and all such as are directed by the court in term time, or chief justice in vacation; and to do and perform all those things that appertain to the office of a register, or clerk, of said orphans' court. And the said register's office shall be under the direction of the court in term time and of the said chief justice in vacation. Letters and process from court, how § 20. Letters testamentary, letters of administration, and letters of Ib. Sec. 25. guardianship shall be tested in the name of the said chief justice, and signed and issued by the register. And bonds given by execu-orphans' tors, (in such cases as they are directed to give bond,) by administra- tested. tors, and guardians, and all other bonds taken in said court, shall be made payable to said chief justice, and his successors in office. Sec. 13. § 21. The county courts shall have full power and authority to take 1807–(20) the probate of wills, and also conveyances of real and other estates, May take and to order the same to be recorded in proper books, to be kept for and record that purpose. conveyances of estates. Ib. Sec. 14. In testamen. tary cases, an appeal may lie to court. 22. If any person claiming a right to execute any will, or to administer on the estate of an intestate, shall think himself injured by order of the court for letters testamentary, or of administration, he the circuit shall be entitled to an appeal to the superior court of the county or district where such order shall have been made, subject to the same regulations as in other cases of appeal; and such superior court is hereby declared to have cognizance thereof; and shall at their sitting next succeeding such appeal, determine the same, and upon such determination had, such court shall proceed to grant letters to the persons entitled to the same; he or she, (if on administration,) giving bond with sufficient security, for the faithful discharge of the trust; which bond and proceedings shall be transmitted by the clerk of the said superior court, to the office of the county court from whence the appeal issued, there to be entered and filed with the other testamentary transactions in such office. And for the better preservation of wills Wills, inven- and other papers, relative to the estates of deceased persons, Be it enacted, That all original wills, inventories, and accounts of execuclerk's office. tors and administrators shall remain in the clerk's office, among the tories, &c. to remain in the Ib. Sec. 15. To have care of orphans and their estates. 1819-(6) records of the respective counties where the same shall be proved or exhibited; and to the said wills, inventories, and accounts, any person may have free access, except for the time they shall or may be removed before any other court, upon the determination of any controversy. § 23. The justices of the several county courts in this territory, shall have authority, within their respective jurisdictions, from time to time, to take cognizance of all matters concerning orphans and their estates, and to appoint guardians in such cases where to them it shall appear necessary, and shall take good security of all guardians by them to be appointed, for the faithful discharge of the trust committed to them. § 24. It shall be lawful for every county court within this state, where any idiots or lunatics shall be within the jurisdiction thereof, to guardians to appoint them, or either of them, a guardian, taking bond with approv idiots and lunatics. 1821-(4) ed security, for the faithful administration of the trust reposed in such guardian, in the same manner as bonds are taken from the guardians of orphans; and such guardian, when so appointed, shall continue during the pleasure of the court, and shall have the same power, to all intents, constructions, and purposes, and shall be subject to the same rules, orders, and restrictions, as guardians of orphans are: such lunacy to be ascertained by the inquisition of a jury, by virtue of a writ to be issued by the court, to the sheriff of the county for that purpose. § 25. Inquisitions as to idiots, lunatics, or persons non compos mentis, may be ordered in vacation, or in open court, and made returnaas to idiots, ble as process of citation. On sufficient cause shown, the judge may lunatics, &c. order any such inquisition to be had before him: in other respects, the same proceedings shall be had thereon as heretofore.' 1 The act of February 10th, 1806, Sec. 51, contains the following provisions with respect to inquisitions of lunacy: "The orphans' court are hereby authorized, &c. by writ, to direct the sheriff of the county to summon twelve good, discreet, and lawful men of the county, and neighborhood of the residence of such person, (i. e. the person supposed to be lunatic, non compos mentis, &c.) to make inquisition thereof, on oath; and if the person said to be an idiot, lunatic, or non compos mentis, shall be adjudged by such inquisition, (or the major part of them,) to be incapable of taking care of him or herself, and they shall certify the same under their hands and seals, to the orphans' court, the court shall assign some suitable person to be the guardian," &c. ers extended § 26. The judge of each county court, shall have power within the b. Sec. 5. county, either in open court or in vacation, to take the probate of Judge's pow wills, grant and repeal letters testamentary and letters of administra- to vacation. tion, appoint and displace guardians of infants, and idiots, lunatics, and persons non compos mentis, and to make all necessary orders for the issuing process and other purposes, within his jurisdiction, according to such regulations as are, or may be established by law in such cases: each judge shall, by order made in open court, appoint certain days, anot less than one day in every period of each month, for the return of a 1821-(21) process in such cases as he is competent to hear and determine in Sec. 4.1 Special sesvacation, and on each return day, shall attend at the court-house, or sions each place appointed for holding the county court, to hear and determine such cases. All process issued in such cases shall be made returnable to the next return day, or if the party applying therefor shall so require, to some other return day, or stated session. If on any return To sit from day to day. day, the business then required to be acted on, shall not be completed, the judge shall attend on the succeeding day, and from day to day, until the business shall be completed: but for special cause he may Clerk and adjourn any part of the business to such other day as he may appoint. tend the speThe clerk of the court and sheriff shall attend the sittings of the judge cial courts. on return days, as well as at the stated sessions. month. sheriff to at Jury may be § 27. In all cases where it may be necessary to have any matter b. Sec. 6. depending before any of said courts, or the judge thereof, on any re- empannelled. turn day, tried by a jury, the sheriff, by order of the judge, shall forthwith summon and empannel a jury. wills, and ministration where grant when de ceased had no known residence. h. Sec. 8. Notice shall be given to or next of § 28. Where any person may have died, having no known place of Ib. Sec. 7. residence within any county of this state, his or her will may Probate of be proved, and letters testamentary, or of administration thereon granted, letters of adin the county where the lands devised, or any part thereof lie; or the will may be proved, and letters testamentary granted, or administra-ed tion may be granted, in any county where the goods and chattels, and debtors, or any part thereof, of such testator, or intestate, may be. § 29. On application for the probate of any will, or for letters of administration, the clerk shall issue a citation requiring the sheriff to summon the widow or next of kin of the deceased, to appear at some the widow return day in said process named, (or appear at the next stated session,) kin, on appli and show if they have anything to allege against such application; cation for and subpoenas for such witnesses as the applicant may name on the will, or letreturn of such process, executed on the proper parties a reasonable ters of admi time before the return day thereof, (allowing one day for every twenty miles he, she, or they, may reside from the place of holding the court,) or on satisfactory proof that the deceased has no widow or kindred resident in the state, the application may be heard and determined the court at any stated session, may hear and determine such applications, though no citations may have been executed or issued, on proof of reasonable notice thereof, as aforesaid, or on proof that the deceased has no widow or kindred resident in the state. probate of nistration. empannelled will. § 30. When the validity of any will shall be contested, or doubts Ib. Sec. 9. may arise as to its validity, or as to any fact which, in the opinion of Jury may be the judge, it may be necessary to have ascertained by the verdict of a to try the va jury, before awarding any order, judgment, or decree, such judge at lidity of a any stated session, or on any sitting held in vacation, according to the provisions of this act, may forthwith cause a jury to be summoned and empannelled, to try such issues, or inquire of such facts as, under his direction, shall be submitted to their decision, and shall cause them to be sworn, in such form as the case may require. Ib. Sec. 10. § 31. If any of said judges shall be informed that any will, whereof Citations to he is competent to take the probate, is in possession of any person, produce wills. Пb. Sec. 24. Evidence of settlement tors, &c. to such judge may order a citation to issue, returnable as in other cases, requiring the person so charged, and all others who may have possession of such will, to produce the same before him, at or before the return day of such process; and on its being duly ascertained by proof, that any person or persons on whom such process has been executed, conceals, or improperly delays to produce such will, such judge may commit him, her, or them to jail, to remain in custody until the will shall be produced, and may make such other orders as may seem necessary in the case. § 32. The documents and evidence of all settlements made with executors, administrators, and guardians, shall be carefully preserved with execu by the clerk of said county court, and the settlement entered of record; be preserved. Which evidence, vouchers, documents, and settlement, shall be good evidence in any suit for or against such executor, administrator or guardian, and shall not be impeached, except for fraud in obtaining the same. To be evi dence in suits. 1822-(3) Sec. 1. Judges to tice required by law of executors. § 33. Hereafter, it shall be the duty of the judges of the county courts, in their respective counties, to give the notice now required give the no- by law to be given by executors, administrators, or guardians, of the term of the said court, at which any executor, administrator, or guardian may be required by said judge to present for allowance, his settlement or account current, made as prescribed by law in vacation.1 §34. The said judge is hereby authorized to render judgment judgment for against any executor, administrator, or guardian, for whom he is reprinter's fees. quired by this act to give notice, in favor of the printer, for any sum which said judge may think reasonable for publication. Ib. Sec. 2. 1826-(25) Clerk may § 35. It shall be lawful for clerks of the respective county courts Sec. 1. to administer the necessary oaths to all executors and administrators, administer upon their obtaining letters testamentary or of administration, and all or any oath or oaths respecting their several duties, which may or can ecutors and be administered out of term time, by a justice of the peace, or by said county courts, acting in pursuance of their several jurisdic the necessary oaths to ex administra tors. Ib. Sec. 2. False swearing in such tions. §36. Any person or persons swearing falsely, when an oath is administered in pursuance of the authority given to such clerk in the cases, perju- preceding section of this act, shall be liable to all the pains and penalties inflicted on those guilty of perjury, in like manner as if said oath or oaths had been, or were administered in a court of record. ry. ments to 1830-(11) § 37. All decrees made by the orphans' court on final settlements Sec. 1. Fina settle. On the accounts of executors, administrators, and guardians, shall have the force and effect of judgments at law, and executions may judgments, issue thereon, for the collection of the several distributive amounts against such executor, administrator, or guardian. have force of and execu tions may issue thereon. Ib. Sec. 2. § 38. When distribution of real or personal estate is decreed by the said court, each distributee, heir, or devisee, may and shall have his or On decree of her writ of execution, or attachment, one or both in the case of personal each distri- estate; and in the case of real estate, a writ of habere facias possesbutee may sionem, against the executor, administrator, or guardian; and the shetion for his riff to whom such writ shall be directed, shall execute the same distribution, have execu share. 1832-(39) Sec. 1. County courts on final settle ment, to assess and insert the amount of distribution. according to the commands thereof. § 39. The county courts on final settlements of executors, administrators and guardians, shall assess and insert in their decree, the amount of their distributive share. 1 See "Executors and Administrators,"-§ 27. |