CLAIMS AGAINST THE STATE. Preamble. WHEREAS, from the vague and indefinite manner in which accounts 1820-(27) are made out against the state, and the unsatisfactory manner in which they are usually attested, many frauds may be practised and errors committed in the settlement of the same: Therefore, how made § 1. Be it enacted, &c. That all accounts exhibited against this Accounts, state, shall have every charge distinctly made out, and clearly defined, out. and shall be transmitted to the comptroller of public accounts on or before the first day of October in each year, and it shall be his duty shall be auto audit the same, and make his remarks on each, and lay them be-dited by the fore the legislature within ten days after their meeting. comptroller. only by offito the law. tice of the § 2. All accounts against this state shall be certified by such officers Accounts to only as are known to the law, and who directed the respective duties be certified and services to be performed for the public; and said accounts shall cers known also be attested, which attestation shall be subscribed by the party To be sworn making the demand, and be as follows: " county: Person- to before jusally appeared A. B. before me, C. D., who, after being duly sworn, peace. saith that the above (or within) account of cents, is truly and justly due him from the state of Alabama, and that he has never received any part thereof, either by discount or otherwise, directly or indirectly. Witness my hand, A. B. Sworn to before me, this C. D., Justice of the Peace." day of dollars, Form, &c. 3. No account, not made out and authenticated as above directed, Not to be shall be paid, until the same is done according to the requisitions of m this act. paid until made out and authenticated according to this law. CLAIMS AGAINST COUNTIES. Mode of au ty claims. § 1. THE justices of the county court of each county, (the chief 1806—(2) justice of the orphans' court being one,) shall in term time, audit and Sec. 6. allow on due proof, all accounts and demands legally chargeable upon diting coun their respective counties and every account, or such part thereof as is so allowed, shall be recorded by the clerk in a book to be kept for that purpose; and the claimant shall receive a warrant on the county treasurer, signed by the clerk, for the amount so allowed; and the clerk shall number the warrants issued as aforesaid, in each year, beginning at the term first held in each year, and progressing through the same in numerical order; and shall register the number and amount of each warrant in the aforesaid book. Sec. 1. Claims to be within 12 months, § 2. All claims, of every description whatsoever, which may be 1823-(9) due to any person or persons, or body corporate, from any county in this state, shall be presented for allowance to the competent tribunal, presented within twelve months after they accrue, or become payable. § 3. All claims, as aforesaid, not presented for allowance as is pre- b. Sec. 2. scribed in the foregoing section, shall be barred from recovery, both in law and equity: Provided, That nothing herein contained shall barred. affect the claims of minors, who have no guardians appointed, and persons non compos mentis, until they may be provided for by law, or until twelve months after the removal of such disability. otherwise to be forever Clerks to keep list of § 4. The clerks of the several county courts shall keep a correct b. Sec. 3. list of the amounts of all claims allowed, as is provided for by this act, with the names of the persons to whom granted; which list shall claims allowbe ready for the inspection and examination of the judges of the re ed. 1828-(12) Sec. 4. County trea spective county courts, and commissioners of revenue and roads, when they assess the county levy, and at all other times when required. § 5. It shall be the duty of the county treasurer, to register all orders which may be drawn on the treasury, and to pay the same only surer to re- in the order in which the same shall be registered in his office; and the collector of taxes shall receive no orders in payment of taxes,1 them in rota- except jury certificates. gister orders, and pay tion. Con. Ala. Sec. 15. the qualified CLERKS OF THE CIRCUIT AND COUNTY COURTS. § 1. CLERKS of the circuit and inferior courts in the state shall be elected by the qualified electors in each county, for the term of four Elected by years, and may be removed from office for such causes, and in such manner as may be prescribed by law; and should a vacancy occur, subsequent to an election, it shall be filled by the judge or judges of Judge to fill the court in which such vacancy exists; and the person so appointed, shall hold his office until the next general election: Provided however, That after the year one thousand eight hundred and twenty-six, the general assembly may prescribe a different mode of appointment, but shall not make such appointment. vacancy. 1812-(20) Sec. 3. Clerks required to enter into bond. Penalty for acting without bond. Copy may be given in evidence. 1819-(6) Sec. 14. Bond of cuit court. § 2. Every clerk shall, at the time of his admission and qualification, enter into bond, with security, to be approved of by the court, in the penalty of five thousand dollars, payable to the governor and his successors in office, with condition for the due and faithful execution of his office, and that he will not remove, or suffer to be removed out of the county, the records and papers of the court, whereof he is clerk, or any part thereof, except in cases allowed by law; which bond shall be recorded, and then delivered to the presiding judge of the court, and be by him transmitted to the secretary's office, within three months after it is so executed, there to be registered and safely kept among the papers of his office; and may be prosecuted upon, and the penalty thereof recovered, against any such clerk, for any malfeasance in office; and any clerk presuming to execute his office, without first entering into such bond, shall forfeit and pay one thousand dollars, and suffer three months imprisonment. A copy of such bond shall be good in evidence, and have the same validity as the original, if it were present in court. § 3. The clerks of the several circuit courts shall give bond, with security, payable to the governor and his successors in office, in the clerk of cir penalty of ten thousand dollars, for the safe-keeping of the records, and the faithful discharge of the duties of their offices; which bond shall be lodged in the office of the secretary of state, and may be put in suit, on the assignment of the governor, by the party or parties injured, in his or their own name, and shall not become void upon the first recovery, but may from time to time be put in suit, by action of 1 This section has reference to, and is designed to repeal in part the 4th section of an act passed in 1812, which made all claims against counties, liqui. dated and allowed by the county courts, receivable in payment of county taxes. The exception therefore in favour of jury certificates cannot extend further than the original law, and is applicable only to taxes levied for county purposes. See "Jurors and Jury,”—§ 13. Clerks of the circuit court are required to give bond in a penalty of ten thousand dollars.-See the next section. 3 Where the bond is to be recorded.-See "County Officers." violating debt, until the whole penalty be recovered; and if it shall be disco- Penalty for vered, that any of the said clerks shall have violated the oath prescrib-constitution ed by the constitution, or willingly, or corruptly have done anything, al oath. contrary to the true intent and meaning of the same, such clerk shall be deemed, upon conviction, guilty of misbehavior in office, and shall be removed therefrom; and shall forever be incapable of holding any office, civil or military, in the state. Sec. 1. court after § 4. All clerks of the circuit and county courts, shall enter into bond 1822-(13) and security, for the faithful performance of their several duties, as are Bond to be by law now prescribed, before the person now authorized to take and given first approve the same, on or before the first day of the term next succeed- election, ing their elections, otherwise the said office shall be considered va- or office vacant, and the vacancy shall be filled, as heretofore prescribed in other cases of vacancy in the said office. cated. In case of the bond in one month. § 5. If at any time it shall be made known to the judge of the cir- Ib. Sec. 3. cuit or county court, that any person who has been, or may be ap- failure, judge pointed, or elected clerk of said county or circuit court, has failed to shall require give bond, with sufficient security, for the faithful performance of his duty, it shall be the duty of said judge, to require said clerk to give such security within one month, or that said office shall be then vacated; and it shall be the duty of such judge, to fill such vacancy as in other cases. be required tional secu § 6. Any clerk of the circuit or county court, whenever required, by b. Sec. 7. the judge of the court whereof he is clerk, shall give such additional Clerks may security, as may be required by said judge, within one month after to give addinotice of such requisition; and in case any clerk shall fail to comply rity. with the provisions herein contained, the office of said clerk is declared vacated thereby, and the vacancy shall be filled, as in other cases provided by law. Sec. 50. plete record three ter final 20 dolls. for § 7. It shall be the duty of every clerk of the several courts in this 1807—(19) state, within three months after the final determination of any suit, or Clerks to prosecution, to make up, and enter in well-bound books, to be kept by make comhim for that purpose, a full and complete record of all the proceedings of proceed in such suit or prosecution; and every clerk who shall fail to make ings within and enter a record as aforesaid, shall forfeit and pay the sum of twenty months af dollars, to be recovered before any court having jurisdiction thereof, judgment. and applied to the use of the state. And in order to secure a due ex- Penalty of ecution of the duty hereby required, the several parties to the suits, failure. or prosecutions, shall at all times, have a right to inspect said books Parties to and records of the court, in the presence of the clerk, in order to see to records. if the records of the suit to which he is a party, have been duly made up, according to the directions of this act and the clerks shall show 50 dolls. pethe said books and records accordingly, under the penalty of fifty dol-fusing. lars, to be recovered, and appropriated to the use of the party so applying and refused. have access nalty for re Sec. 5. docket. 8. The clerk of every court shall enter in a docket, or book to be 1812-(20) kept by him for that purpose, a list of all executions by him issued, Clerk to keep specifying therein the names of the parties, the amount of the judg an execution ment, interest, and costs, distinctly in such execution; the name of What to spethe person to whom it is delivered, to what county directed, the date cify. when issued, and the return day thereof; and when the same is returned, shall without delay, record the return at large on the same page, or folio, on which the execution is entered, and shall constantly carry the said book to the court of which he is clerk. 9. In case any clerk of any of the courts of this state, shall fail to 1822—(20) enter on the execution docket, any return of any execution, which Sec. 2. shall be made by the proper officer of the court, within three days after tering return Clerk not en docket, liable for amount on execution the said return shall be made, it shall be the duty of the court, on motion of the plaintiff or plaintiffs in execution, or his or her attorney, of execution, to render judgment against said clerk, and his securities, or either, or any of them, for the amount of the execution, together with interest Notice of mo- and costs: Provided, That those against whom the judgment shall be &c. tion. Contested facts. Ib. Sec. 3. rendered, shall have one day's notice of the motion, and that any fact which shall be contested by said clerk and securities, or any, or either of them, shall be tried by a jury. § 10. It shall be the duty of the clerks of the several courts in this docket to be state, to keep in the court-house, on the clerk's table, the execution docket, during the whole term of the session of the court; and if any clerk shall fail so to do, he shall be guilty of a contempt of court, and whole court. be punished accordingly; and shall also be liable to any person aggrieved, in an action of trespass on the case. kept on clerk's table during the 1812-(20) Sec. 4. to be remov County un less in dan ger. § 11. It shall not be lawful for the court of any county, or the clerk Records not of such court, to remove, or cause to be removed, the records and papers of the same, or any part thereof, without the county, except in cases of actual invasion, or insurrection, where, in the opinion of the court, the same will be endangered; or where, for want of such opinion, by the suddenness of the alarm, or danger, the clerk shall at his own discretion, remove the same, returning them as soon as the alarm or danger ceases; or except in cases also provided for by law. Any member of a court, or the clerk of the same, so offending herein, shall be deemed guilty of a misdemeanor in office, and forfeit therefor and pay the sum of one thousand dollars. Ib. Sec. 9. Records to be delivered cessor. 12. Whenever the office of clerk to any court shall become vacant, by any cause whatsoever, the records, papers, books, stationary, over to suc- and everything belonging or appertaining to the same, shall be delivered over to the successor in office, by the person or persons having the same, whenever demanded, under the penalty of five thousand dollars, to be recovered against such person, and every of them so detaining the same, or any part thereof; and it is hereby declared to be the duty of such successor, to demand, receive, and take into his care and safe keeping, all the books, records, papers, stationary, and every other matter and thing appertaining to the said office; and in case of refusal or detention of them after demand as aforesaid, he shall give information thereof to the attorney general, who shall prosecute accordingly. Successor's duty to demand, &c. 1819-(21) Sec. 1. § 13. If any clerk of any court in this state, shall willingly make Clerks liable any false entry, interlineation, or erasure of a letter, or change any to fine or re-record in his keeping belonging to his office, or shall neglect to record neglect, mal- any will, deed, or other matter proper to be recorded in his office, practice, &c. within a reasonable time after the same shall have been lodged in his moval for office to be recorded; or shall neglect to make out and keep a fair and correct index to the matters recorded in each book; or shall neglect to keep in regular file all the papers belonging to his office, keeping every subject matter in its proper and peculiar file, and the papers of each suit together; or shall refuse or neglect to make out in a reasonable time after application of any person demanding the same, a transcript of any record in his office; or shall make out the same so erroneously or incorrectly that the court to which it is taken cannot proceed thereon; or shall refuse or neglect to perform any of the duties required by law to be performed by such clerk; such clerk shall, upon At the passage of the act from which this section is taken, and even as late as 1818, the officers whose duties corresponded with those of the solicitors at the present time, were styled "Attorneys General.” trial and conviction, be deemed guilty of a misbehavior in office, and shall be subject to a fine not exceeding two hundred dollars, or be removed therefrom by the court, and shall also be liable to an action on the case for damages, in behalf of the party aggrieved. Charges, tried. § 14. All charges against clerks for misbehavior in office, shall be Ib. Sec. 3. exhibited to the court in writing, and the court shall direct the facts to how exhibitbe tried by a jury; and on conviction thereof, such clerk shall be fined ed and or removed from office, as the court of which he is clerk shall think proper: Provided, That every clerk against whom charges may be exhibited, shall be entitled to a copy thereof, and shall be permitted to make his defence on trial. Sec. 1. § 15. It shall be the duty of the judges of the circuit and county 1830-(18) courts of this state, at the first term of their court which shall be held Clerks' offiin each county after the passage of this act, and biennially thereafter, ces to be exato appoint one or more persons, not exceeding three, learned in the nially. laws, to examine the offices of their respective courts. mined bien a January 20, 1-30. Examiners' § 16. The person or persons so appointed, shall take and subscribe 1b. Sec. 2. an oath, well and truly to examine into the records of said courts, the oath and dufee-books kept by the clerks thereof, and make a true return of the ties. general state of said offices; and shall, in the vacation after the said court, examine said offices, and report the general state of the same to the next court thereafter:-and if on such examination, any mis- Misfeasanfeasance or malfeasance shall be discovered, it shall be particularly ticularly spe specified in said report: which report when made, shall be recorded citied in exain the clerk's office of said court, and shall be subject to the inspection port. of any person without fee. ces to be par miners' re Report to be recorded. Examiners' compensa § 17. The persons so appointed shall receive such compensation Ib. Sec. 3. for their services as may be allowed them by the judge of the county court, and commissioners of revenue and roads. tion. Sec. 1. § 18. The judges of the county courts, and commissioners of reve- 1922—(24) nue and roads are hereby authorized to make an allowance to the clerks Annual al of the county and circuit courts, for books and stationary purchased by them for the use of their offices respectively. NOTE.-By act of 1815, the county court was empowered to allow clerks annually for their services not exceeding fifty dollars, out of the county treasury. See "County Officers,”—§ 1. CLERK OF THE SUPREME COURT. lowance to clerks for books and stationary. Sec. 1. term of of 19. The judges elect, or a majority of them of the circuit courts 1825-(1) of the state of Alabama, are hereby authorized immediately after the How ap passage of this act, to appoint a clerk of the supreme court, who shall pointed, and hold his office during five years, but be removable at any time for fice. misbehavior in office, two-thirds of the judges of the supreme court concurring in such removal. To give § 20. All clerks of the supreme court, who may hereafter be ap- Ib. Sec. 2. pointed, shall execute a bond with good and sufficient security, to be bond. approved of by the judges of the said circuit courts, and in such sum as they, or a majority of them may direct, conditioned for the faithful performance of the duties of said office: Provided nevertheless, That a majority of said judges may at any time require said clerk to give additional or other security; and if said clerk shall fail so to do within a reasonable time, to be prescribed by the court, the said office shall be thereby vacated. § 21. A majority of the said judges may at any time fill any va- Ib. Sec. 4. cancy in said office of clerk, and shall, or some one of them shall, vacancy. Judges to fill |