Credit of the contracted, and forthwith giving notice of the same to the comptroller of the state. § 12. The credit of the state of Alabama is hereby pledged for the state pledg- ultimate redemption and payment of all notes issued, and all debts contracted by said branch bank. Collection of § 13. The remedy for collecting debts shall be reciprocal for and debts recipro against the said branch bank. cal. Governor and commissioners au issue state stock. amount and Proviso. § 14. The governor, comptroller, and treasurer of the state, and president of the Bank of the State of Alabama, are hereby authothorized to rized and required to issue certificates of state stock to an amount not exceeding two millions of dollars, to bear an interest not exceeding five per cent. per annum, payable semi-annually at the branch bank at Mobile, the Bank of the State of Alabama, or at such other place as may be agreed upon, redeemable at the expiration of thirty years, or at any time thereafter that the state may choose: Provided, That the certificates of stock shall be drawn in sums of from one to ten thousand dollars each; and it shall be the duty of the treasurer of the state to provide a suitable book and register the said certificates therein, and then deliver the same to the president and directors of the said Sales of cer- Branch Bank, taking their receipts for the same; and it shall be the duty of the said president and directors to cause said certificates to be sold for cash at not less than par value, and for such premium as they can command above their par value; and the sum to be realized shall be applied to, and compose the capital of said Branch of the Bank of the State of Alabama at Mobile. tificates. Revenue of the state pledged. § 15. To secure the regular and punctual payments of the interest, semi-annually, and the ultimate redemption of said stock, all the revenue of the state (except the university fund, the three per cent. fund, and the fund arising from the sale of the sixteenth sections,) shall be and the same is hereby pledged, and in case of a deficiency, the faith of the state is hereby pledged to provide such additional means as may be necessary. 1811-(7) Single wo men, preg. livered, may BASTARDY. 1. When any single woman, who shall be pregnant, or delivered of a child which by law would be deemed a bastard, shall make comnant or de plaint to any one or more justices of the peace, for the county where complain to she may be so pregnant or delivered as aforesaid, and shall accuse justice of the any one of being the father of such child, it shall be the duty of such justice or justices, to issue process to the sheriff or coroner, or any constable of such county, against the person so accused as aforesaid, and cause him to be brought forthwith before him. peace. Examina tion before § 2. Upon his appearance, it shall be the duty of the said justice or magistrate. justices, to examine the said female, in the presence of the man alleged to be the father of the child, touching the charge against him; and if said justice or justices shall be of opinion, that sufficient cause appears, it shall be his or their duty to bind the said person, so accused, in bond, with good and sufficient security, to be and appear before the next county court, to be holden for said county, and in the mean time to be of good behavior. County court to cause issue to be tried by a jury. §3. The county court aforesaid, at their next term, shall have full and complete cognizance and jurisdiction of said charge of bastardy. And the court shall cause an issue to be made up, "whether the reputed father is the real father of the child, or not;" which issue shall be tried by a jury: Provided nevertheless, That the inquiry shall not be ex parte, but the imputed father shall have a right to appear, by himself or counsel, and controvert, by all legal evidence, the charge alleged against him. against de ty dollars a year, for ten § 4. If the issue is found against the defendant, or imputed father, Judgment then he shall be condemned by the judgment of said court, to pay, fendant not not exceeding fifty dollars, at the discretion of said court, yearly, for to exceed fif ten years, towards maintenance and education of said child; and the said imputed father shall give bond and security, for the due and faith- years. ful payment of said sum of money, which shall be made payable to the said court, and laid out and appropriated, under their special order and direction, from time to time made, so that the same be not paid to the mother of said child; which bond shall be, and hereby is declared to have the same force, validity, and effect, as a judgment of said court, upon which executions may issue, as often as money thereon shall become due and payable: Provided however, That if Death of said child should never be born alive, or being born, should die at any cate the time, and that fact suggested upon the record of the county court, bond. then and from that time, the bond aforesaid shall be void. (1) child to va found § 5. If upon the trial of the issue aforesaid, it shall be found by the Judgment, jury against the woman, or that the child imputed is not the child of when issue is the pretended father, then the judgment of the court shall be, that he against the be discharged hence, and that the woman making the complaint shall pay all costs occasioned thereby. woman. termarriage § 6. If the mother of said child and the imputed father shall at any Child legititime after its birth intermarry, the child shall, in all respects, be mated by indeemed and held legitimate, conformably to the maxim of the civil of its palaw, and the bond aforesaid be void. rents. § 7. It shall be the duty of the court to appoint a guardian or Guardian to be appointed guardians to said child, to whom, upon his or her entering into good by the court, and sufficient security, for the faithful performance of his or her duty, who shall rethe money shall be paid over by the court. ceive the money. Sec. 1. § 8. Whenever a case of bastardy shall be returned to the county 1816—(4) court, said court shall have power and authority to cause to be sum- On demand moned and empannelled a jury, in the same manner as tales jurors of defendant, are summoned, for the purpose of trying the issue of bastardy, if the pannel jury defendant, or reputed father, shall demand the same. court to em of by-stand ers. Sec. 1. § 9. Whenever the father of any bastard child or children, shall 1833—(9) desire to render any such bastard child or children legitimate, so as to enable them to inherit his estate in the same manner as children timating. born in lawful wedlock do, it shall be lawful for any such father to file in open court, in either the county or circuit court of the county in which he resides, a declaration, or statement in writing, setting forth the names of the children proposed to be rendered legitimate, their ages, as nearly as may be, the name of their mother, that they are his natural children, and that he thereby recognizes them, and makes them capable of inheriting his estate in the same manner as if they had been born in lawful wedlock, which declaration shall be signed by the person making it, attested by the clerk of the court in which it is filed, and entered at full length of record: whereupon the said child or children in any such declaration, shall become the legitimate child or children of the person making such declaration, and be capable in law of inheriting his estate in the same manner as if they Effect therehad been born in lawful wedlock and if, at the time of filing any such declaration, the person filing the same shall desire to change the : (1) On writ of error prosecuted by the putative father, upon a bastardy bond, the judge of the county court, and not the mother of the child, should be made defendant.-Brown et al. v. M'Lane, Min. Rep. 208. of. Names of bastards, name of any child or children therein mentioned, he shall set forth the fact, together with the name to which he desires the change to be how altered. made; whereupon, the name shall be changed accordingly, and the latter name shall become the lawful name of any such child or children. Ib. Sec. 2. may alter his or her own name. § 10. When any person shall desire to change his or her name, he Any person or she shall file in the county or circuit court of the county in which he or she resides, a declaration or statement in writing, setting forth his or her then name, and the name to which he or she desires to change it; which declaration shall be subscribed by the person making it, with his or her then name, attested by the clerk, and entered at full length of record; whereupon, the name of such person shall be changed accordingly, and the latter name shall thereupon become the lawful name of such person: Provided nevertheless, That any such person shall, notwithstanding such change, be liable for five years, to be sued by his or her original name; unless when a contract in writing shall be made with him subsequent to his change of name, in which his latter name shall be recognized, or to which it shall be subscribed. Proviso. Ib. Sec. 3. &c. for at § 11. For attesting and recording the declaration in the first and Fees of clerk, second sections of this act, the clerk of the court in which they are testing, &c. filed shall be entitled to one dollar each; and when such declarations are filed in the county court of any county, the judge of said court shall be entitled to the like sum for each declaration, to be paid by the party filing the same. 1826-(12) Steam-boats ined by the master and harbor wardens of the port of Mobile. BOATS. § 1. It shall not be lawful for any steam-boat to ply for freight or to be exam- passengers, between either of the ports of Mobile or Blakely, and any of the towns, landings or places, on either of the rivers Mobile, Alabama, Tombeckbee, or their tributaries, without having previously undergone a thorough survey and examination by the board of harbormaster and wardens of the port of Mobile, and been found, in all respects, staunch, well-provided and river-worthy for the space of at least one year thereafter: And the said board of harbor-master and wardens are hereby authorized and required, to make such survey and examination, at least once in every year, or oftener, if in the opinion of said board the same may be proper; and to charge and receive for every such survey and examination, the sum of ten dollars; and if, upon such survey and examination, the said board shall be satisfied, that the boat so examined, is staunch and well found, both in hull and soundness. machinery, and, in all respects, well found and river-worthy for one year thereafter, they shall grant a certificate thereof, and enter the same of record, in the port-wardens' office. Board to grant certificate of certified, lia ges. Owners, &c. § 2. If the owner, agent, consignee, or master of any steam-boat, of boats not shall ply any such steam-boat, on either of the aforesaid waters, withble for dama out having first obtained a certificate for such boat, as herein required, such owner, agent, consignee, and master, shall severally be liable for all damages which may occur to property shipped on such boat, in consequence of any casualty arising from the dangers of the river navigation, or from any accident to the engine or machinery of such boat. And in all suits for damages, arising under this act, the burthen of proof, shall rest upon the carrier; and the certificate of the board or harbor-master and wardens aforesaid, duly authenticated under their seal, shall be legal evidence of the transactions of said board. ter and war ed property. § 3. The harbor-master and wardens aforesaid, or any three of Harbor-masthem, shall be surveyors of damaged property, brought into the port dens to exa of Mobile, in any steam-boat, barge, or other craft: and they shall, mine damagupon every such survey, certify, under their hands, the amount of damages which any owner or shipper of such property may have sustained, and shall cause entries to be made, in a book to be kept for that purpose in their office, of all surveys made and certificates granted under this act; which surveys and certificates, duly authenticated by the official seal of the said board, shall be admitted as legal evidence in any court of this state; and for each survey, certificate and Compensa entry, they shall be entitled to two dollars, and for every duplicate thereof, one dollar; and the said wardens shall severally be entitled, for their services as surveyors of damaged property aforesaid, at the rate of three dollars per day. tion. construed. § 4. This act shall not be construed to exempt the owner or mas- Act, how ter of any steam-boat from a recovery of damages, for the loss or damage of any article taken on board of said boat, according to the law in force before the passage of this act. Duty of com boats in land ing goods. § 5. It shall be the duty of captains or commanders of steam-boats 1830-(12) and barges, and other vessels navigating any of the navigable rivers S in this state, to land all goods of any description at the landing for manders of which said goods were shipped, and shall place them at least ten feet perpendicular above the edge of the water; unless the river shall be too high to admit of said goods being landed ten feet above the edge of the water; and in that case, it shall be the duty of said captain or commander to land said goods on the highest and most secure place within one hundred yards of said landing. neglect of § 6. If any captain or commander of any steam-boat or barge, or Ib. Sec. 2. other vessel, shall neglect or fail to comply with the provisions of the Penalty for first section of this act, the owner or owners, and the captains or duty. commanders of such steam-boat or barge, shall jointly or severally forfeit and pay to the owner or owners of such goods, double the value of the goods, to be recovered before any court of record, or before any justice of the peace, as the case may require, together with double costs. hooks or § 7. When any cotton bales or bags shall be torn by the use of Ib. Sec. 3. what are called cotton hooks or otherwise, in loading or unloading on to cotton Injury done board of any steam-boat or barge, or other vessel, the owner or com- bales by mander of such steam-boat or barge shall forfeit the freight of the otherwise. bales so torn or damaged, and shall pay all damages to the owner or consignee of the cotton, to be recovered in the manner specified in the second section of this act. CATTLE, HORSES, AND OTHER STOCK. cattle, &c. to and brands recorded. § 1. EVERY person in this territory, who hath any horses, cattle, 1807—(10) or other stock, shall have a brand and ear mark, different from the Owners of brand and ear mark of every other person in the same county; which have marks ear mark and brand shall be recorded in the office of the clerk of the county court of the county where such horses, cattle, &c. are; for which the clerk shall receive as his fee, twenty-five cents for all his services therein; and no brand or mark similar to a brand or mark already recorded, shall be admitted to record, but the person having the same shall be obliged to alter them, except as hereinafter excepted. Disputed marks, &c. may be set tice of the peace. § 2. When any dispute shall arise respecting the right to a brand, or mark, either party may apply to a justice of the peace of the county, tled by jus- who shall summon the adverse party to appear before him, on a certain day, therein expressed, not less than five, nor more than ten days from the time of application. And the justice shall, upon the request of either party, issue subpoenas for such witnesses as they may require, directed to any constable of the said county; who, together with the witnesses, shall receive the same fees, and be liable to the same penalties as are allowed or inflicted for such services and attendance, or neglect, in the county courts. And it shall be the duty of the said justice to give judgment thereon; a transcript whereof, certified by the said justice, shall be a sufficient authority for the clerk to record the said brand and mark: Provided, That every person who may think himself or herself aggrieved thereby, may appeal to the county court. next county court, to be held in the said county, and not after. §3. No person whosoever, shall send or permit any slave or Indian to go into any of the woods or ranges in the territory, to brand mark cattle. or mark any horse, mare, colt, mule, ass, cattle, hog, or sheep, under any pretence whatsoever, unless the said slave be in company, and under the direction of some reputable white person, who shall therein proceed according to the provisions of this act; and if any person be convicted thereof, he shall forfeit and pay for every animal so branded and marked, twenty dollars; recoverable by action of debt, in any court of this territory, having jurisdiction; one-half to the use of the county, and the other half to the informer. Party aggrieved may appeal to Slave or In dian not to be sent to Penalty. 1807-(11) Sec 1. Penalty for importing distempered cattle. 1812 (4) Sec. 1. Stock not to be driven from their own range. Ib. Sec. 2. Ib. Sec. 3. § 4. Any person importing into this territory, cattle afflicted with a contagious distemper, shall be subject to a fine of ten dollars for every head so imported, recoverable before a single magistrate, with a right of appeal; one-half of which shall be for the use of the territory, and the other half for the use of the person suing for the same. § 5. It shall not be lawful for any drover or other person, to drive any horses, mules, cattle, hogs, or sheep from the range to which the same may belong; but it shall be the duty of every drover, or other person, who may be driving off horses, mules, cattle, hogs, or sheep, if any such stock, not properly belonging to his drove, should join them, to immediately halt his drove at the nearest pen, or some other convenient place, and separate all such stock as do not properly belong to him, or the person or persons he may be employed to collect or drive stock for. § 6. Any drover, or other person who shall violate the provisions of the preceding section, shall, for every offence, forfeit and pay the sum of twenty dollars, with costs, recoverable before any justice of the peace, for the use of the person suing for the same; and shall moreover be liable for damages, in an action on the case, to the party injured. 7. When any slave or slaves, employed in driving stock of any Masters ac- kind, shall violate the provisions of this act, his or their owner or their slaves. employer shall be liable for such transgression. countable for 1807-(5) Sec. 7. Stallions § 8. If any person shall wilfully, or by neglect, suffer any stallion, above the age of two years, except such as are usually kept up and running at happen to get out by accident, to run at large in the woods, or in any unenclosed range, it shall be lawful for any person to catch and geld such stallion at the risk of the owner. large may be caught and gelded. |