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consideration of the people, and it shall be the duty of the several re-
s 1. Whenever any amendment of the constitution of this state 1829–45) and may be proposed by the legislature to the people thereof, it shall be
Consolidated. the duty of each officer holding the next general election, to inquire Duty of of of 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 proposed 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 se result of the election in each county or district shall have been ascer- cretary of tained.
§ 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.
§ 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 constitu- ties: tion, 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.
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 homber of state, at the same time and in the same manner that they return the for Represen
tatives, and votes for and against the proposed amendment to the constitution.
not for the amendment.
Mode of pro
$ 1. It shall be lawful for all persons desirous to end any contro- 1819–(1). 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 inay be
11, 1820, Sec. 2.
compensa tion, privile.
Arbitrators to be sworn.
To make award in
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 subpenas for witnesses, under the same regulations as subpoenas for are prescribed by law in cases of suits, to which all sheriffs and con
stables are directed to give obedience; and all persons summoned as
witnesses, by virtue of said subpænas, shall be allowed the same Witnesses' compensation, while travelling to, and attending on said arbitration,
and be equally privileged from arrest, or on failure to attend at the ges, and lia- times and places in said subpænas expressed, shall be subject to the
same fines and penalties as witnesses are in similar cases, in the circuit courts.
§ 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 writing 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, For what
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. Award not § 3. No award, made by virtue of this act shall be liable to be exaffected by amined 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)
$ 4. In cases of suit or controversy, where the amount shall not 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 95. The arbitrators for their services shall receive two dollars per
day, if demanded, to be paid jointly by the contending parties, before
entered of record.
causes it may
When amount does not exceed 50 dollars.
tion of arbi. trators.
(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 u. Richardson, 2 Stewt. Rep. 130. Award held sufficient to support the judgment although no declaration was filed: Ib.
ing a demand
the delivery of the copies of the award : and the justices 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.
$ 6. The fees to the justices and clerks, prior to the return and en- Fecs of try of the award, shall be jointly paid down by the contending parties, pardo
clerks, bow 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.
$7. When any persons who may have a dispute of what nature 1924—(13) soever, shall agree to have the same determined by referees, mutually Party makchosen by the parties for the purpose, it shall be lawful for the person
may lodge a 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,
county: Agreement. Know all men, that A. B. of
and C. D. of
of parties to
submit. 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 fifiy 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
for et parte 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.
C.D. This day the above named A. B. and C. D. appeared personally be- Justice's cersore me and acknowledged the above instrument to be their free act; Given under my hand this
A. B. Justice of the Peace. $ 8. In all cases where the amount of the judgment rendered shall I. Sec. 2. exceed fisty 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 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. 9. In all cases were the amount of the judgment rendered as afore- 1b. Scc. 3.
Judgment said, shall be fisty dollars or under, the same shall be returned to some justice of the peace of the county wherein such order may have been ing 50 dollars
to be return
ed to some 1 The act of January 14, 1829, consolidating the several acts giving fees to
shall issue justices of the peace and constables, provides no compensation for the services execution. bere 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.
50 dollars to be returned
Ib. Sec. 4.
before returned. Parties then
Ib. Sec. 5.
made, who thereupon shall enter up judgment and award execution in the same manner as if such judgment had been rendered by such justice of the peace, without the intervention of such referees.
§ 10. When the parties shall agree that the determination of the re
ferees may be made known prior to its being returned as aforesaid, it award may, shall be lawful for the referees to make the determination known to the be published
parties, without its affecting in any degree the validity thereof; and if
the parties shall :hen agree to settle their dispute according to the deagreeing,
termination of the referees or otherwise, without further process, award not to said referees may deliver to the parties the papers belonging to them but to be a respectively; otherwise they shall make a report of their proceedings
as before provided for by this act: Provided, that such determination shall be a bar to a second suit or plaint for the same cause of action.
$ 11. The referees who may be appointed in pursuance of this act, vested with shall be vested with all the authority that referees are vested with, the same au who are appointed by a rule of court; and witnesses may be by them,
or either of them, summoned to appear before them, and be sworn in poje ter court the same manner, as is or may be prescribed by law for summoning
witnesses before referees appointed by a rule of court as aforesaid. Ib. Sec. 6. § 12. No judgment awarded by referees as aforesaid, shall be sub
'ject to be reversed or set aside for informality or other cause, if the tained by un. subject matter of the reference is decided; unless it should appear sa
tisfactorily to the court, or justice of the peace, before whom the same may be returned, that such judgment was obtained by evident partiality, bribery, corruption, or other undue means.
§ 13. The referees shall be entitled to demand and receive the sum
of one dollar each, for every day they may be engaged in the determitioni a dollar nation of any controversy to them thus submitted.
§ 14. The referees shall, before they enter on the discharge of their duty, take an oath or affirmation, impartially to determine the matter to them referred, according to justice and the opinion they entertain of the evidence, without favor, fear, or affection.
Award final, unless ob
Ib. Sec. 8. Referees' compensa
Ib. Sec. 9. Referees' oath.
arms to be
Ib. Sec. 3.
§ 1. The governor of the state of Alabama, or the person exercismay ordering the powers of governor, is hereby authorized to order the quartransported termaster-general, to cause to be transported to any point in this state, to any point. any number of public arms which he may deem necessary, when he
shall have reason to believe that there is danger of insurrection or invasion, or that the public good requires such transportation.
§ 2. The quartermaster-general is hereby required to cause to be ter-General conveyed, upon receiving the governor's order, forthwith, the number
of arms to the place specified in such order.
§ 3. Whenever it is deemed necessary by the governor to transmit 1821–(17)
the public arms, in pursuance of the act to which this is an amend
ment, a he is hereby authorized to send them to such officer as he may ceding act.
appoint; which officer so receiving such arms, shall give bond with may desis sufficient security to the governor and his successors in office, in such to receive the sum as the governor may deem sufficient, for the safe keeping and
delivery of said arms, when required by the governor. give bond.
§ 4. The public arms and accoutrements belonging to this state, 1827—(4)
shall be distributed among the volunteer corps of the same, in the Arms, &c. to manner, and on the conditions hereinafter prescribed.
to execute Governor's order.
a The pre
arms, who shall
be distribut. ed to volun. teer corps.
ment of arms, &c.
Bond payable to the
and to be ap
$ 5. It shall be the duty of the commander-in-chief, on the applica- Id. Sec. 2 tion of a commander of a brigade, to issue his order to the quarter- Commandermaster-general, or person having charge of the public arsenal, to hand in-Chief. over the arms aforesaid, in the following proportion to the different brigades, to wit: to the first brigade, seventy-two muskets and accou- Apportiontrements; to the second brigade, seventy-two muskets and accoutrements; to the third brigade, forty-eight muskets and accoutrements; among the to the fourth brigade, one hundred and twenty muskets and accoutre
gades. ments; to the fifth brigade, one hundred and sixty muskels and accoutrements; to the sixth brigade, ninety-six muskets and accoutrements; to the seventh brigade, one hundred and sixty muskets and accoutrements ; to the eighth brigade, one hundred and twenty muskets and accoutrements; to the ninth brigade, ninety-six muskets and accoutrements ; to the tenth brigade, forty-eight muskets and accoutrements ; to the eleventh brigade, ninety-six muskets and accoutrements; to the twelfth brigade, seventy-two muskets and accoutrements ; to the thirteenth brigade, seventy-two muskets and accoutrements; Provided, said application shall be accompanied with the bond Colonel or of the colonel commanding the regiment to which the volunteer corps, of the regi: for whose use the arms are drawn, shall be attached, or some other ment to give officer of said regiment, with good and sufficient security, in double the value thereof, conditioned for the safe keeping and return of said arms, when called for by the proper authority.
§ 6. Said bond shall be made payable to the governor for the time 16. Sec. 3. being, and his successors in office, and be approved of by him.
57. The pistols and sabres now in the arsenal shall be distributed governor, on the conditions prescribed in the second section of this act, and in proved by the following manner, to wit: To the first brigade, thirty-nine sabres; to the third brigade, eighty pistols; to the fourth brigade, eighty pis- Pistols and tols; to the fifth brigade, forty-five sabres ; to the tenth brigade, fortyfive sabres ; to the iwelfth brigade, eighty pistols.
98. Should the officers of either brigade, neglect to make application 1). Sec. 5. for said arms within twelve months from the passage of this act, on signed, if not the conditions pointed out in the second section of this act, it shall be applied for the duty of the commander-in-chief, on application from either of the may be disother brigades, to order the same to be furnished to said applicant
other bri on his complying with the provisions of the aforesaid second section. gades. § 9. The governor is hereby authorized and required, whenever it
1828—(22) shall by him
be deemed expedient, to call in such portion of the public arms as may have been, or may hereafter be delivered, or cause a may call in renewal of the bond or bonds which may have been taken, with good and sufficient security.
§ 10. A discretionary power is hereby vested in the governor to dis-96. Sec. 2. tribute the public arms that are now, or hereafter may be received, for May distri: the use of this state, among the volunteer companies, if applied for, in such manner as he may think proper, having a due regard to the dif- companies. ferent sections of the state.
11. Whenever any of the public arms may be distributed, it shall 1). Sec. 3. be the duty of the governor to take bonds in the manner directed by take bonds. the proviso to the second section of the act, to provide for the distribution of the public arms, among the different volunteer corps in this state, passed fourth January, 1827. [See $ 5.]
§ 12. The governor shall cause the assistant adjutant-general of each 1828—(23) brigade to examine and inspect all the public arms which may be dis- des site tributed or delivered to volunteer companies in his brigade, and for jutanı genewhich bonds may be given, at least once in every year, and report gades to in. their number, and the order in which said arms are kept, and also the spect arme.
sabres, how distributed.
arms, or cause bonds to be renew.
bute arms to volunteer