in the Tennessee Valley, as soon thereafter as said bank commences business. § 58. The certificate of the cashier of said branch bank, shall be b. Sec. 2. valid to all intents and purposes, as though it were made by the cashier of the Bank of the State of Alabama. Certificates of cashier of branch bank to be valid. 16th section § 59. The funds arising from the sale of the sixteenth sections de- 1833-(38) posited in the branch Bank of the State of Alabama, located at Mont-Sec. 1. gomery, shall be loaned to the citizens of the several townships from funds deposi which they may have arisen, and shall be retained for that purpose, beat until the fifteenth day of February, in each year. ted in branch Montgome § 60. After the fifteenth day of February, in each year, the direc-, how tors of said branch bank shall dispose of the above named funds as Ib. Sec. 2. the other funds of the bank. Sec. 1. ed of, when § 61. Whenever full payment shall have been made for any six- 1833—(32) teenth section, the whole net profits made on the funds thereby cre- 16th section ated, after such payment, shall be paid over to the commissioners of funds dispos such sixteenth section, in the same manner that the six per cent. on full payment said fund is now required to be paid over, and shall be by said com- is made. missioners appropriated in the same manner, as the said six per cent. is now required to be appropriated: Provided however, That if the a See § 38. said profits shall at any time be less than six per cent., six per cent. shall be paid as now provided for by law. Sec. 1. renewed. § 62. Every purchaser, or his executors or administrators, of any 1833—(34) parcel or lot of the sixteenth sections of this state, having lost or mis- Lost certifilaid his certificate of purchase, shall, upon making affidavit of such cates may be loss before any judge or justice of the peace of the county, in which the lot or parcel of land purchased is situate, have a duplicate certificate granted unto him, by the school commissioners of the sixteenth section in which his lot or parcel of land is situate, of the same tenor and effect with the original certificate of purchase: and such duplicate, certified, shall have the same force and effect as the original certificate of purchase. SEAL OF THE STATE. Sec. 12. § 1. THERE shall be a seal of this state, which shall be kept by the con. Ala. governor, and used by him officially; and the present seal of the ter- Art. 4. ritory shall be the seal of the state, until otherwise directed by the Territorial general assembly. seal adopted. SECRETARY OF STATE. Art. 4. appointment § 1. THERE shall be a secretary of state appointed by joint vote of Con. Ala. both houses of the general assembly, who shall continue in office du- Sec. 14. ring the term of two years. He shall keep a fair register of all official Secretary's acts and proceedings of the governor, and shall, when required, lay the and duties. same, and all papers, minutes, and vouchers relative thereto, before the general assembly; and shall perform such other duties as may be required of him by law. 2. The secretary of the territory for the time being shall keep the 1807-(28) public records and documents belonging to his office, at the place designated by law for the sitting of the general assembly. Sec. 1. Secretary of territory to keep records at seat of go vernment. Ib. Sec. 2. Persons de taining pub subject to a §3. If any person or persons possessed of any of the records and public documents belonging, or in any manner appertaining to the lic records, government of this territory, which by the laws of the United States, forfeiture of and ordinance for the government of this territory, they may not have a right to retain, shall, on the application of the governor of this territory, who is hereby authorized to demand and receive the same, refuse to deliver such records and public documents, the person or persons so refusing shall forfeit and pay the sum of three thousand $3000. Ib. Sec. 3. Attorneygeneral to prosecute such offen ders. 1819-(9) Sec. 4. form the du dollars. § 4. It shall be the duty of the attorney-general of this territory, and he is hereby required, to prosecute and recover, in the name of the governor for the time being, for the use of the territory, all such sums as may become forfeited under this act. § 5. The secretary of state shall, in addition to the duties prescribed Secretary of by the constitution of this state, perform all the duties heretofore apstate to per pertaining to the office of territorial secretary, and shall be entitled to ties of terri. receive, in addition to the salary established by law, the compensation torial secre allowed for copying the laws and superintending the printing thereof: and also the sum of one dollar for every certificate and the annexation of the seal of the state thereto, which may be required by any person or persons, to any instrument, relating to contracts or other matters of private concern, to be paid by the party applying for the same. tary. Fees. 1814-(8) replevin bond collateral se removing take out ex SECURITIES. § 1. In case the security to any replevin bond shall become dissaSecurity in tisfied in consequence of the principal to said bond being about to remay require move out of the territory, or shall be about to remove his or her curity, on the property out of the county, or be wasting the same, such security, his principal's agent, or attorney, making oath thereof before any justice of the himself, &c. county in which the principal to said bond resides, shall have a right If not given, to demand collateral security; and in case the principal shall fail to security may give the same, within five days after notice of such oath having been ecution. made, to be approved of by the clerk of the proper court or justice of the peace, as the case may be, the security, his agent, or attorney, shall have power to take out execution on such bond in favor of the plaintiff in such action, and it shall be the duty of the sheriff, or constable, as the case may be, to execute the same according to law : Security may Provided, The defendant in execution may at any time previously to between ex- the day of sale enter the collateral security required, with the clerk of ecution and the court of the county from which such execution emanated, or justice of the peace, upon payment of all costs that may have accrued, and further proceedings thereon shall be stayed, until the original stay expires. be entered sale. All bonds under this 2. Every bond taken in virtue of this act from the principal obliact, to have gor to any replevin bond with collateral security shall, when due, the force of have the force and effect of a judgment, and execution may issue judgments. as well against such collateral security as against such obligor and his first security, for the moneys mentioned in such replevin bond, and the costs that may accrue in giving the collateral security required. 1821-(26) Sec. 1. Securities paying mo § 3. In all cases where judgment shall be entered up in any court of record, or by any justice of the peace, against any person or persons as security or securities, their executors or administrators, upon any note, ney on judg bill, bond, or obligation, and in all cases where execution shall be awardtion, &c. may ed by or issued from any of the courts of record, or any justice of the ment, execu ment against peace against any person or persons as security or securities, his, her, or have judg their heirs, executors, or administrators, upon any bond, obligation, or the principal recognizance, and the amount of such judgment or obligation, or any by motion. part thereof, hath been paid or discharged by such security or securities, his, her, or their heirs, executors, or administrators, it shall be lawful for such security or securities, his, her, or their heirs, executors, or administrators, to obtain judgment by motion against such principal obligor or obligors, recognizor or recognizors, his, her, or their heirs, executors, or administrators, in any court, or before any justice of the peace, where such judgment may have been entered up, and execution awarded against such security or securities, his, her, or their heirs, executors, or administrators, for the full amount which shall have been paid, with interest thereon from the time the same shall have Interest been paid and satisfied, until such judgment shall be discharged. allowed. tion against portion of §4. When the principal obligor or obligors, recognizor or recogni- b. Sec. 2. zors, shall become insolvent, and there shall be two or more securities Security may have judg jointly bound with the said principal obligor or obligors, recognizor or ment on morecognizors, in any bond, bill, note, recognizance, or other obligation co security for the payment of money or other thing, and judgment shall be ob- for his protained, and execution awarded and issued against one or more of such the debt. securities, or his or their legal representatives, it shall be lawful for the court, or justice of the peace, before whom judgment and execution shall be obtained, upon motion of the party or parties, his or their legal representatives, against whom judgment hath been entered up and execution awarded and issued, as securities aforesaid, to grant judgment and award execution against all and each of the obligors and recognizors, and their legal representatives, for their and each of their respective shares and proportions of the said debt or damages. Securities ment, &c. if § 5. No security or securities, his, her, or their executors or admi- b. Sec. 3. nistrators, shall be suffered to confess judgment, or suffer judgment not to con. to go by default, so as to distress his, her, or their principal or fess judg principals, if such principal or principals will enter him, her, or principal will themselves as defendant or defendants to the suit, and tender to the tender collatsaid security or securities, his, her, or their executors or administrators, other good and sufficient collateral security, to be approved of by the court before whom the suit shall be depending. eral security. Securities be sued, by tice. § 6. When any person or persons shall become bound as security Ib. Sec. 5. or securities by bond, bill, or note, for the payment of money or any may require other article, and shall apprehend that his or their principal or princi- principal to pals is or are likely to become insolvent, or to migrate from this state giving a without previously discharging any such bond, bill, or note, it shall be written nolawful for such security or securities in every such case, (provided an action shall have accrued on such bond, bill, or note,) to require, by notice in writing, of his or their creditor or creditors, forthwith to put the bond, bill or note, by which he or they may be bound as security or securities, as aforesaid, in suit; and unless the creditor or creditors Creditors so required to put such bond, bill, or note in suit, shall in a reasonable failing, secu time commence an action on such bond, bill, or note, and proceed with charged. due diligence in the ordinary course of law, to recover judgment for, and by execution to make the amount due by such bond, bill, or note, the creditor or creditors, so failing to comply with the requisition of such security or securities, shall thereby forfeit the right which he or they otherwise would have had, to demand and receive of such security or securities, the amount which may be due by such bond, bill, or note. rity dis Ib. Sec. 6. Benefit of the act extended § 7. Any security or securities, his or their executors or administrators, may in like manner, and for the same cause, make such re- to executors, &c. quisition of the executors or administrators of the creditor or creditors; and in case of the failure of the executors or administrators to proceed, such requisition as aforesaid being duly made, the security or securities, his, her, or their executors or administrators making the same, shall have the same relief that is hereinbefore provided for a security or securities, where his or their creditor or creditors shall be guilty of Not to affect a similar failure; Provided, That nothing in the two last sections bonds with contained, shall be so construed as to affect bonds with collateral conconditions, ditions, or the bonds that may be entered into by guardians, executors, administrators, or public officers: And provided also, That the rights tors' rights and remedies of any creditor or creditors, against any principal debtor against principal debtor. or debtors, shall be in nowise affected thereby. collateral &c. nor credi 1828-(27) Sec. 1. Security sued, may notify prin. cipal, and obtain judg same man ment, in ner as though he had paid the debt. 1830-(16) Sec. 1. Bank securi paying after protest, to have the § 8. In all suits against any person or persons as security on any bill, note, bond, covenant, or other instrument in writing whatsoever, for the payment of money or property, or the performance of any duty, it shall be lawful for such person or persons being such security, to notify his, her, or their principal or principals, (as the case may be,) of the pendency of the suit; and it shall be the duty of the court or justice of the peace before whom the suit is to be tried, on proof being made at the trial that notice has been given to the principal or principals, and that the party or parties sued, is the security of said principal or principals, to enter judgment against the principal or principals in favor of the security, for the full amount of the judgment and costs which shall have been recovered against his, her, or their security; upon which judgment, the party or parties being security, shall have execution against his, her, or their principal or principals, in the same manner as if the debt had been paid by such security. § 9. If any person or persons who may have executed any note or notes payable to the president and directors of the Bank of the State of ties on notes Alabama, aor any of the branches thereof, as security or securities, shall pay the same after it shall have been protested for nonpayment, such security or securities shall have the same summary remedy against the as the bank, principal in such note as is now provided by law in favor of said bank, against the for the recovery of any sum or sums so paid by such security or secua 1833-(18) rities, and costs of protest; and the certificate of the president of said Sec. 1.] bank, of the payment so made by such security or securities, shall be sufficient evidence of such payment. same process principal. Ib. Sec. 2. bills entitled to similar remedy against drawer, &c. [b 1833-(18) Sec. 1.] § 10. If any person or persons who may be bound for the payment Endorsers of of any bill of exchange, the property of the Bank of the State of Alabama, bor any of the branches thereof, shall pay the same after it shall have been protested for nonpayment, the person or persons so paying such bill, shall have the same summary remedy against the drawer, acceptor, or any previous endorser of such bill or any one of them, as is provided by the first section of this act in favor of the securities of notes against the principals, for the sum paid on such bill, and all costs and damages occasioned by protest; and the certificate of the president of said bank, of the payment of any such bill by any such person or persons, shall be sufficient evidence of such payment. Jb. Sec. 3. where the § 11. The remedy by this act provided, shall be had in any court having competent jurisdiction, either in the county where the said bank bank is loca- may be located, or in the county of the residence of the defendant or ted, or where defendants, or either of them. defendant resides. NOTE.-How securities may compel the sheriff, &c. to levy on property of principal first,—See “Executions,”—§ 24. SECURITIES OF OFFICERS. Sec. 1. rities of of § 12. It shall be the duty of the judge of the county court, when- 1892 (30) ever application shall be made to him by the security or securities, or either of them, of any clerk or sheriff, or other officer of any tion of secu county in this state, to issue a citation to the said clerk, sheriff, or ficer, judge of other officer to appear before him on some day therein named, not less county court than ten, nor more than fifteen days, then and there to enter into a new bond. new bond, with good and sufficient securities, for the faithful execution of the duties of his office. may require New bond § 13. Upon the execution of such new bond by the said clerk, sheriff, Ib. Sec. 2. or other officer, the security or securities making application, shall be being given, discharged from the obligation of the bond previously entered into by securities them: Provided, That nothing herein contained shall discharge the Proviso. security or securities from any liability which they had before that time incurred. discharged. b. Sec. 3. to On officer's refusal, judge declare the office vaca § 14. If any clerk, sheriff, or other officer, being duly served with a citation as aforesaid, shall fail or refuse to give the bond required as aforesaid, it shall be the duty of the judge of the county court to decree the office of the said clerk, sheriff, or other officer, to be va ted. cated; and shall cause an entry thereof to be made upon the records of the county court; and such vacancies shall be filled as now prescribed by law. Sec. 1. county court § 15. It shall be the duty of any judge of the circuit court, when- 1824—(31) ever application shall be made to him by the security or securities, Securities of or either of them, of any judge of the county court of any county in judge of this state, to issue a citation to the said judge of the county court to may apply to appear before him on some day therein named, not less than ten nor circuit judge more than thirty days, then and there to enter into a new bond, with against him. good and sufficient securities, for the faithful execution of the duties of his office. for a citation rities dis § 16. Upon the execution of such new bond by the judge of any b. Sec. 2. county court, the security or securities, making application, shall be Former secu discharged from the obligation of the bond previously entered into by charged. them: Provided, That nothing herein contained shall discharge the security or securities from any liability which they had before that time incurred. On failure to § 17. If any judge of the county court, being duly served with a rb. Sec. 3. citation as aforesaid, shall fail or refuse to give the bond as required by give bond, this act, it shall be the duty of the judge of the circuit court to certify the same to the governor, which shall be evidence of a vacancy, the same shall be filled as now prescribed by law. and NOTE. For the time within which suits must be instituted against the securities of public officers; See "Judicial Proceedings at Common Law-Limitation," circuit judge to certify vacancy to the governor. SHERIFFS. Art. 4. § 1. A SHERIFF shall be elected in each county by the qualified elec-Con. Ala. tors thereof, who shall hold his office for the term of three years, un- Sec. 24. less sooner removed, and who shall not be eligible to serve either as How elected; principal or deputy for the three succeeding years. Should a vacancy vice; qualioccur subsequent to an election, it shall be filled by the governor as fication. term of ser |