1830-(4) Preamble. Sec. 1. in Florida Whereas the governor and legislative council of the Territory of § 17. Be it enacted, &c. That any counsellor or attorney at law residing within the Territory of Florida, is hereby authorized to pracmay practise tise law in the several courts of this state, upon producing to the on certain court in which he may be desirous to practise, the certificate of some conditions. judge of a superior court of Florida, that he is legally authorized to in this state practise in the courts of that Territory as counsellor or attorney, and that he sustains a fair and reputable character as such: Provided, he shall take and subscribe the several oaths prescribed by the laws of this state to be taken and subscribed by the counsellors and attorneys residing within this state. Con. Ala. Art. 5. Sec. 18. Elected by general as sembly. 1819-(9) Sec 1. Attorney ge dence and duties. ATTORNEY GENERAL AND SOLICITORS. § 1. There shall be an attorney general for the state, and as many solicitors as the general assembly may deem necessary, to be elected by a joint vote thereof, who shall hold their offices for the term of four years, and shall receive for their services a compensation, which shall not be diminished during their continuance in office. § 2. It shall be the duty of the attorney general to keep his office at the place designated for the seat of the state government, and to neral's resi conduct and prosecute in the supreme court, all suits in which the state may be concerned, and to give his opinion and advice in writing, or otherwise, on any question of law, when required by the governor, or when requested by the comptroller of public accounts, or the state treasurer, concerning matters which relate to their respective offices; and he shall also perform the duties of solicitor in the judicial circuit, embracing the place designated for the seat of the state government, and shall receive in addition to the salary established by law, the fees for prosecutions in such circuit, and in the supreme court, which are allowed to solicitors for the like services. Emoluments. 1 § 3. There shall be elected a solicitor for each judicial circuit in this state, (except the judicial circuit assigned to the attorney general) whose duty it shall be to prosecute in such circuit, all offenders against the state, and all civil actions in which the state may be concerned, (except before the supreme court) and who shall be entitled to receive, in addition to the salary established by law, the following fees-On every conviction for any felony, (except murder) ten dollars; on every conviction for petit larceny, ten dollars; on every conviction for unlawful gaming, or for unlawfully permitting the same, or for unlawfully keeping a billiard-table, twenty dollars; on every conviction for perjury, twenty dollars; on every conviction for forgery, counterfeiting coin or any bank note, or for feloniously uttering or offering any counterfeit coin, bank note, writing obligatory, or other instrument of writing, or forwarding or assisting in any of said offences, twenty dollars; on every conviction for maim, or for an assault, with intent to commit murder, rape, or robbery, fifty dollars; on every conviction for an assault and battery, or affray, five dollars; on every other conviction, on indictment or presentment, five 1 The attorney-general and solicitors are allowed on convictions for gaming, under the act of 1828, double the fees given by this act.-Sec "Gaming,"§ 22. dollars; and for every exhibition of a faro-bank, or any other kind of gaming, fifty dollars; for every person who knowingly suffers unlawful gaming in his house, fifty dollars. And it shall be the duty of the clerk to tax the fees aforesaid, in the bill of costs, which, when collected, shall be paid to the solicitor. Attorney ge to attend, § 4. If the attorney general, or any solicitor shall fail to attend at Ib. Sec. 3. either of the courts when it may be his duty to attend, the judge or neral or solijudges of the same are hereby authorized, from time to time, as he citor failing or they may think fit, to employ an attorney to prosecute for the state, the court who shall be paid by the attorney general or solicitor in whose stead may appoint he may act, such compensation as shall be directed by the court before to prosecute. whom the services shall be rendered. an attorney Compensation there § 5. It shall be the duty of the several solicitors in this state, to for. reside within the judicial circuits for which they may have been sec. 1. elected. 1-27-(30) Solicitors to reside in Ib. Sec. 2. office vacat § 6. If any solicitor fail to remove into and reside in his circuit, as their cir aforesaid, he shall vacate his said office, and it shall be the duty of cuits. the judge risiding in the circuit for which such solicitor has been On failure, elected, to notify the governor of such non-residence, who shall forth- ted, and to be with fill such vacancy: Provided, That twelve months be allowed any filled by the solicitor residing out of the circuit in which he holds his office, to Proviso. remove into the same. governor. AUCTIONEERS. Sec. 2. Penalty for the trade of § 1. No person shall exercise the trade or business of an auctioneer, 1818—(16) by the selling of any goods, wares, or merchandise whatsoever, by auction, or any other mode of sale, whereby the best or highest bid- exercising der is deemed to be the purchaser, unless such person shall have a auctioneer license, issued pursuant to the directions of this act, on pain of for- unlawfully. feiting for every such sale at auction, the sum of twenty dollars, together with the sums or duties payable by this act upon the goods, wares, and merchandise, so sold: Provided however, That nothing herein contained shall be construed to require a license for the sale at auction of any estate, goods, chattels, or other thing, which by this act are not made liable to duty, or exempted from duty. Number of in Mobile, § 2. The number of auctioneers hereafter to be appointed and 1824-(26) licensed for the city of Mobile, shall not exceed six, and for each of Sec. 1. the other counties in this state, the number shall not exceed three, auctioneers except Madison county, in which the number may be six, who shall and Madison be appointed and licensed in the same manner, shall hold their six-other pointments for the same period, and be subject to the same restrictions and obligations as are provided by the act concerning the appointment of public officers, passed December twentieth, 1820, and the act regulating sales at auction, passed November twenty-first, 1818.3 2 ap counties three. 3. Every auctioneer hereafter to be appointed and licensed for b. Sec. 2. said city, shall give bond with good and sufficient securities, in the Togive bond. penal sum of ten thousand dollars, and for each of the other counties in this state, in the penal sum of two thousand dollars, to be approved 1 For the mode of appointing auctioneers, and their term of office, see "County Officers,"-§ 3, 4, 7, and 8. * See "County Officers,"-1820-(26). 3 The act from which the preceding section is taken, and which concludes this title. bond. of by the judge of the county court of the county, in which the license or licenses shall be granted, made payable to the governor for the time being, and his successors in office, to be filed in the office of the Condition of comptroller of public accounts, conditioned, that he will render quarter yearly, in the city of Mobile, that is to say, on the first Mondays of January, April, July, and October of each year, during the term of his appointment, and in the other counties in this state, at the times required by the law relating to sales at auction, passed in eighteen hundred and eighteen, to the assessor and collector of the county in which he may be appointed, an accurate and particular account, in writing and on oath, of all sales of goods, wares, and merchandise, subject to auction duties, made by him during the three months immediately preceding the date thereof; and that he will thereupon immediately pay over to the said assessor and collector of taxes, the amount of duties accruing upon such sales. Ib. Sec. 3. make returns § 4. If any such auctioneer shall fail to make the returns or the payPenalty for ments hereby required to be made, in the manner and at the periods failing to respectively therein prescribed, he shall in addition to the penalty or payments. contained in his official bond, forfeit for every such failure, the sum of five hundred dollars, to be levied and collected in the manner hereinafter provided for. Ib. Sec. 4. Mode of col lecting du ties in arrear and forfeit ures. 1818 (16) Sec. 4. Duties to be paid to tax § 5. The duties in arrear on sales at auction, and all forfeitures accruing under this act, may be collected in the manner provided by law for the collection of the state and county taxes; and the assessor and collector of taxes, for the county in which he may be appointed, shall receive the same rates of compensation on all collections of auction duties, as he is entitled to receive on the collection of the state and county taxes. § 6. The accounts to be rendered, and the duties to be from time to time paid as aforesaid, by any auctioneer, shall be rendered and paid to the tax-collector of that county in which such sales shall have collector, and been made, and every auctioneer shall make oath or affirmation, acbe rendered cording to the best of his knowledge and belief, to the truth of every account which he shall render before the officer to whom such account account to on oath. 1 The act of 1818, here referred to, recites the condition of the bond required to be given by auctioneers, as follows:-"Conditioned that he will, on the first day of January and July, in each year, while he shall continue to exercise the said trade or business, render to the person or persons who, under this act, shall be authorized to receive the same, a true and particular account in writing, of the moneys or sums for which any goods, wares and merchandise, made liable to duty by this act, have been sold at every sale at auction by him made, and of the several articles, lots, and parcels, which shall have been sold, the price of each article, lot, or parcel, in every such sale, by whom bought, that is to say: first, from the date of such bond until such of the aforesaid days as shall accrue next thereafter; and thenceforth from the day to which an account shall have been last rendered, until such of the said days as shall next thereafter ensue; and so on in succession, from one of the said days to another, so long as he shall continue to exercise his said trade or business; and also, shall pay over all such sums of money as may arise upon said sales, in manner as shall be hereinafter provided, which sums he is hereby authorized and directed to retain out of the produce of each sale made as aforesaid." An act passed January 26th 1829, entitled "An act the better to secure the collection of the state revenue," requires all auctioneers without distinction, to render an annual statement to the comptroller of public accounts, by the second Monday in December, of all sales subject to auction duties, made between the first day of November immediately preceding, and the first day of November of the year previous. (See "Taxes,"§ 67). So much, therefore, of the acts of 1818, and 1824, as recites the duty of making a quarterly or semiannual return, among the conditions of the auctioneer's bond, is impliedly repealed. shall be rendered, and who is hereby authorized to administer the said oath or affirmation; in default of which, such account shall not be deemed to be duly rendered, according to the condition of the bond of such auctioneer; and, to the end that such accounts may be accurately kept and rendered, it is hereby made the duty of every auctioneer, to enter from day to day, as often as any sale shall be made, in a book, Sales to be or on paper, to be kept by him for that purpose, the amount and par- book. ticulars of the respective sales by him made, which book or papers shall at all reasonable times, upon request made, be submitted for examination to the officer to whom the account is to be rendered and duties paid, on pain of forfeiting, for every refusal to comply with Forfeiture. such request, the sum of twenty dollars. entered in a § 7. Every auctioneer, out of the proceeds of the duties which he b. Sec. 5. shall retain and pay as aforesaid, shall be allowed a commission of Commission. one per centum upon the amount thereof, for his trouble in and about the same. false oath or § 8. If any auctioneer shall wilfully swear or affirm falsely, touch- Ib. Sec. 6. ing any matter, hereinbefore required to be verified by oath or affir- Penalty for mation, he shall suffer the pains and penalties which by law are pre- affirmation. scribed for wilful and corrupt perjury; and shall moreover forfeit his office, and be incapable of afterward holding any office under the Alabama territory. Collector to prosecute § 9. It shall be the duty of the tax-collectors aforesaid, in their re- Ib. Sec. 7. spective counties, to collect the duties imposed by this act, and to prosecute for the recovery of the same, and for the recovery of any sum or sums which may be forfeited by virtue of this act, and pay the same into the territorial treasury; and all fines, penalties, and forfeitures, which shall be incurred by force of this act, shall be sued for and recovered in the name of the Alabama territory, or of the taxcollector within whose county any such fine, penalty, or forfeiture shall have been incurred, by bill, plaint, or information; one moiety thereof to the territory, and the other moiety thereof to the use of the person who, if a tax-collector, shall first discover, if other than a tax-collector, shall first inform of the cause, matter or thing, whereby any such fine, penalty, or forfeiture, shall have been incurred, before any court of law within the Alabama territory, having jurisdiction thereof. NOTE. For the duties chargeable on goods, &c. sold at auction, See "Taxes,"-§ 7. BAIL, IN CIVIL CASES. Bail in Criminal Cases.-See "Criminal Law,"-§ 38, 39, 40.-" Prisons and Prisoners," 26. Sec. 5. defendants § 1. In all actions to be commenced in any court of record in this 1811—(11) territory, and founded on any specialty, bill or note in writing, signed How and in by the defendant, or on the judgment of any court, foreign or domes- what cases tic, and the nature of such action endorsed on the writ, attested by may be held the clerk, or attorney for the plaintiff, setting forth the dates of such to bail. specialties, bills, notes, or judgments, and the sum or sums which ap- Suits on pear thereby secured and unpaid, the defendant or defendants shall be judgments. held to bail of course, for the sum or sums so endorsed; and in all account, Covenant tracts. Actions of actions of account, covenant broken, and actions founded on verbal contracts and assumpsit in law, in which the plaintiff or other credibroken, and ble person can ascertain the sum or sums due, or damages sustained, verbal con- and either of them make affidavit thereof, to the best of his or her knowledge and belief, the clerk of the court in which the writ issues, or the attorney for the plaintiff shall endorse on the writ the sum so sworn to, and the defendant or defendants shall be held to bail, for the sum or sums so endorsed by the clerk, or attorney for the plaintiff, or attested by the justice of the peace taking such affidavit; and it shall be the duty of the plaintiff or his attorney, or the clerk, to file such affidavit forthwith, in the clerk's office from which such writ may isProviso as to sue; Provided, That executors and administrators, when sued in executors, such capacity, and persons sued on such penal statutes as do not exnal statutes. pressly require bail, shall not be held to bail in such suits.1 &c. and pe 1818-(2) Sec. 11. clerk may ant to be § 2. In all actions sounding in damages, it shall be lawful for the clerk of the court in which such action is commenced, or any justice sounding in of the quorum of the county where such suit may be instituted, to damages, order the defendant or defendants to be held to bail in such sum as order defend- may seem proper, on the affidavit of the plaintiff, or other credible held to bail. person, setting forth satisfactory reasons for praying such order: Provided however, That it shall be the duty of the court to which such writ may be returned, on application at the first term thereof after the commencement of such action, supported by satisfactory proof, to disreduce such charge the bail taken under such order, or reduce the amount for which bail may have been required. Court may discharge or bail at return term. 1823-(6) Sec. 1. Suits founded on bill, bond, note, or account. 1827-(12) Sec. 1. to bail after any § 3. In no case where any action, or actions, may be commenced in of the courts of record in this state, or before any justice of the peace in and for any county in this state, and founded on any bill, bond, note, or account, shall the defendant or defendants be held to bail, unless the plaintiff, his attorney or agent, shall first make oath, in writing, before some judge, justice of the peace, or the clerk who may issue the process, that the defendant or defendants is indebted to the said plaintiff or plaintiffs, in the sum of , by bill, bond, note, or account, and that he, she, or they, do not require bail for the purpose of vexing or harassing the defendant or defendants; which affidavit shall be filed in the office from whence the process issued. And the clerk of the court in which the writ issued, or the attorney for the plaintiff, or the justice of the peace who may issue the summons, shall endorse on the writ or the summons the sum so sworn to. § 4. When suit shall be commenced in any of the courts of this Defendant state, or before any justice of the peace, and the defendant or defendmay be held ants shall not be held to bail, and the plaintiff or plaintiffs shall aftersuit brought. Wards deem it necessary for the security of his, her, or their claim or demand, the clerk of the court or justice of the peace, where such suit shall be pending, shall, on the plaintiff, his, her, or their attorney or agent making the affidavit required by the existing laws, at any time previous to final judgment, issue a writ of copias ad responderdum, to the sheriff, coroner, or constable, requiring him to arrest and detain the body of the defendant or defendants in his custody, until he or they shall put in bail for his or their appearance, or be other; wise discharged by due course of law: Provided, That the said plaintiff so applying, shall pay the expense of issuing said writ of pense, un capias ad respondendum, and the execution thereof, unless the plain Second ca pias to be at plaintiff's ex less, &c. 1 This section, so far as it relates to suits founded on any “bill, bond, note, or account," is expressly repealed by the act of December 9, 1823, (See § 3.)— In other respects, it appears to be still in force. |