how filled. Vacancies, in other cases, and the person so appointed shall continue inoffice until the next general election, when such vacancy shall be filled by the qualified electors, and the sheriff then elected shall continue in office for three years. (1) powers of sheriff. 1807-(30) § 2. The duties of a sheriff shall be, to keep the peace, by causDuties and ing all offenders against law, in his view, to enter into recognizances, with sureties, for keeping the peace, and appearing at the next circuit or superior court, to be holden in the same county, and to commit, in case of refusal; which recognizances shall, by the said sheriff, be returned and certified before the said court. It shall also be his duty to quell and suppress all affrays, routs, riots, and insurrections: for which end, he is hereby empowered to call to his aid the power of the county. He shall pursue, apprehend, and commit to jail, all felons and traitors he shall execute all warrants, writs, and other process, which by law shall appertain to the duties of his office, and which shall be directed to him by legal authority. He shall duly attend upon all the courts of record, at their respective terms, or sessions, in his county. 1819-(6) Sec. 10. Sheriff of cir : § 3. The sheriffs of the different counties shall be sheriffs of the circuit courts within their respective counties; and the sheriff of the cuit and su county, in which the supreme court shall be holden, shall also be sheriff of the said supreme court. preme court. 1822-(13) Sec. 4. Sheriffs to give bond. § 4. All sheriff's elected or appointed under the constitution of this state, shall, before entering on the duties of their office, give bond, with such number of good and sufficient securities, as may be approved of by the county courts respectively, in such sum as they may [a 1807-(30) deem necessary and proper, anot less than four thousand dollars, paySec. 1.] able to the governor for the time being, and his successors in office, which bond shall be taken by said court, and deposited in the clerk's office: Provided, That it shall be the duty of the sheriff to renew his bond annually, if required by the county court. Ib. Sec. 5. Failing, his office vaca ied. 1822-(22) Sec. 1. When an not been held time, gover. 5. Any sheriff failing or neglecting to comply with the provisions of the preceding section, shall vacate his office, and said office is hereby declared vacated; and such vacancies, should any such occur, shall be filled in such manner as is now prescribed by the constitution, for supplying vacancies for sheriffs. (2) 6. When the officer whose duty it is to hold an election for sheriff in any county, shall fail to do the same at the time prescribed by election for law, it shall be the duty of the governor, or the person exercising the sheriff has duties of his office, to issue his writ of election, directed to any person at the proper residing in the county whom he may appoint, directing the person to nor to issue hold an election for the purpose of electing a sheriff for the county, at writ of the place or places prescribed by law for holding elections for repreThirty days' sentatives for the county, at any time he may appoint; requiring at notice to be least thirty days' notice to be given by advertisement posted up at four of the most public places in the county, of the time of holding said election. election. given. Ib. Sec. 2. Polls to be kept open § 7. At the election hereby authorized to be held, the polls shall be opened, and kept open, agreeably to the law now regulating elections agreeably to in the county in which it shall be held. law. 1 See "County Officers,"-§ 12 to 16. (1) A sheriff has no authority to give a casting vote between two candidates for sheriff. When two candidates for sheriff obtain an equal number of votes, there is no election, and the vacancy may be filled by executive appointment, until the next general election. The State v. Adams, 2 Stewt. Rep. 231. (2) Statutes in relation to sheriff's liabilities and bonds construed. McWhorter et al. v. McGehee, 1 Stewt. Rep. 546. Clerks and § 8. The clerks and judges who shall superintend the election here- Ib. Sec. 3. by authorized, shall be appointed by the person to whom the com- judges of the mission shall be directed, who shall be authorized to administer the elections. oaths to said clerks and judges, as are required to be administered to clerks and judges at the general elections. Person elect § 9. The person who shall be returned duly elected, by the person . Sec. 4. to whom the writ of election is directed, shall be commissioned as ed to be comsheriff by the governor, or the person exercising the duties of his missioned by office. governor. Sheriff's of § 10. Whenever the office of sheriff, in any county, shall become 1826—(17) vacant, it shall be lawful for the coroner of said county to perform all Sec. 5 the duties imposed by law upon the sheriffs of the several counties, fice vacant, under all the penalties and liabilities created by law for a violation or neglect of duty by the several sheriffs. coroner may perform the duties. dered against his deputy, § 11. Whenever judgment shall be rendered by any court of this 1828—(46) state against any sheriff for any failure, neglect of duty, or misconduct Se When judg. in office, and it shall appear to the satisfaction of the court that such ment is renfailure, neglect of duty, or misconduct in office, is the failure, neglect, a sheriff for or misconduct of his deputy, it shall be the duty of the court, on mo- the default of tion of the sheriff, to render judgment against such deputy and se- he may have curities in favor of the principal sheriff, for the whole amount of the judgment judgment and costs rendered by the court against such principal sheriff, deputy and by reason of such failure, neglect of duty, or misconduct, of said deputy; for which execution may issue as in other cases: Provided, That the deputy, or his security or securities, shall have one day's notice of the pendency of the proceedings against the principal sheriff. against such his securities on motion. SHIPS, AND SEAMEN. serting, may the peace, to proceed on or they are § 1. Ir any seaman or mariner who shall have signed a contract to 1823—(34) perform a voyage in any ship or vessel, shall at any place within this Seamen destate, desert or absent himself from such ship or vessel, without leave be committed of the master, or officer commanding in the absence of the master, it by justice of shall be lawful for any justice of the peace, upon complaint under oath, until the vesto issue his warrant to apprehend such deserter, and bring him before sel is ready such justice; and if it shall appear by due proof that he has signed a her voyage, contract to perform a voyage as aforesaid, and that such voyage is not discharged finished, altered, or the contract otherwise dissolved, and that such by the mas seaman has deserted the vessel, or absented himself without leave, the said justice shall commit him to the house of correction, or common jail, there to remain until the said vessel shall be ready to proceed on her voyage, or till the master shall require his discharge, the master paying all costs and expenses. ter. men, liable §2. If a person shall harbor or secrete any seaman or mariner be- Persons harlonging to any ship or vessel, knowing them to belong thereto, every boring sea. such person, on conviction thereof, before a justice of the peace, shall to forfeiture forfeit and pay ten dollars for every day which he, she, or they shall of $10 per continue so to harbor or secrete such seaman or mariner, to be sued for in the name of the state to the use of the person prosecuting for the same. day. § 3. Every constable who may apprehend any seaman or mariner Constable al who has deserted or left his vessel as aforesaid, shall receive the sum of five dollars as his fees for such apprehension. lowed $5 for apprehend. ing seamen. § 4. No master of any vessel within this state shall hire, receive, or Masters of ship any seaman, or person belonging to, and pretending to be dis- vessels not to charged from any other vessel, unless such seaman or person shall ceive seamen employ or re without cer- have a certificate of his discharge, signed by the master or officer comtificate of manding such vessel, or shall produce other satisfactory testimony of discharge. his discharge to some justice of the peace, whose certificate shall be Penalty, and received in lieu thereof; and any person who may contravene the prohow appro- visions of this act, shall forfeit and pay the sum of fifty dollars, to be recovered in any court having jurisdiction thereof, one half to the use of the informer, and the other half to the use of the poor of the county in which suit may be instituted. priated. 1824-(34) Sec. 1. Ships, and other enrol led vessels, tain debts § 5. All ships, vessels, steamboats, and other registered, enrolled, or licensed craft, built, repaired, fitted, or furnished within this state, are hereby declared to be liable and chargeable for all debts contracted liable for cer- by the owners, masters, or consignees thereof, for or by reason of any work done, or materials or supplies found, provided, or furnished by any merchant, trader, ship-builder, mechanic, or workman, for, upon, owners, &c. or concerning the building, repairing, fitting, furnishing, supplying or equipping such ship, vessel, steamboat, or other craft, in preference to any other debts due and owing from the owners thereof. contracted by their file process in Ib. Sec. 2. § 6. It shall be lawful for all and every of the said merchants, Creditor may traders, ship-builders, mechanics, and workmen, to file process in the the nature of nature of a libel in admiralty proceedings, in the circuit and county a libel. courts in this state, against such ship, vessel, steam-boat, or other craft, her tackle, apparel, and furniture; whereupon process shall issue, and such proceedings shall be had towards the recovery of such debts as are usually had in the courts of admiralty for the recovery of mariners' wages, and other debts actually contracted upon the high seas. § 7. All or any of the said merchants, traders, ship-builders, meDifferent cre- chanics, or workmen, to whom such ship, vessel, steam-boat, or other sue jointly, craft may be indebted, may join in one suit for the recovery of all their and the court debts; and if more than one such be brought, the court may consolidate all suits date the same into one, and give one definitive judgment and decree, Ib. Sec. 3. ditors may may consoli separately brought. Ib. Sec. 4. release vessel by giving security. comprehending all such debts as shall be demanded by all or any of the merchants, traders, ship-builders, mechanics, or workmen as aforesaid, and duly supported either by the process in nature of a libel as aforesaid, or by petition to the court, while one or more of such suits shall be pending. § 8. If on the issuing of process, or filing of such petition as aforeOwner may said, the master or owner of such ship, vessel, steamboat, or other craft, or his or their agents or attorneys, shall enter into stipulation or bond, with sufficient securities to answer all the demands aforesaid,. which shall be filed against such ship, vessel, steamboat, or other craft, the same shall be released and discharged from such lien. Ib. Sec. 5. tinue only age. Ib. Sec. 6. § 9. No ship, vessel, steamboat, or other craft shall continue to be Lien to con- liable for such debts, to the merchants, traders, ship-builders, mechatill first voy. nics, and workmen as aforesaid, longer than the time which shall intervene between the contracting of such debts, and the time of her proceeding on her voyage, next after such debts may be contracted. § 10. All issues, at the request of either party, shall be tried by a Issues may jury; and all such issues shall be made up by the parties under the be tried by a direction of the court; and in vacation, the clerks of the aforesaid courts shall have and exercise the same powers as clerks of the district and circuit court of the United States, are vested with by the acts of congress in suits and libels, for the recovery of mariners' wages, and other debts actually contracted on the high seas; and shall proceed in the same manner. And the said clerks shall take the bonds, or stipulations as aforesaid, which bonds or stipulations shall not be void for want void for want of form, but shall be proceeded on, and recovered, according to the plain intent and meaning thereof: Provided, That nothing jury. Power of clerks of courts. Bonds not of form. in this act contained, shall be construed to extend to any keel-boat or This act not barge engaged in the navigation of the Mobile, Alabama, or Tombeck- to include bee rivers, or their tributaries. barges, on certain rivers. SLAVES, AND FREE PERSONS OF COLOR. Powers of the general assembly in relation to slaves. § 1. THE general assembly shall have no power to pass laws for the con. Ala. emancipation of slaves, without the consent of their owners, or without Art. 6. (Slaves.) paying their owners, previous to such emancipation, a full equivalent in sec. 1. money for the slaves so emancipated. They shall have no power to prevent emigrants to this state from bringing with them such persons as are deemed slaves by the laws of any one of the United States, so long as any person of the same age or description shall be continued in slavery by the laws of this state: Provided, That such person or slave be the bona fide property of such emigrants: And provided also, That laws may be passed to prohibit the introduction into this state of slaves who have committed high crimes in other states or territories. They shall have power to pass laws to permit the owners of slaves to emancipate them, saving the rights of creditors, and preventing them from becoming a public charge. They shall have full power to prevent slaves from being brought into this state as merchandise, and also to oblige the owners of slaves to treat them with humanity, to provide for them nécessary food and clothing, to abstain from all injuries to them extending to life or limb, and, in case of their neglect or refusal to comply with the directions of such laws, to have such slave or slaves sold for the benefit of the owner or owners. § 2. In the prosecution of slaves for crimes of a higher grade than sec. 2. petit larceny, the general assembly shall have no power to deprive them Trial for of an impartial trial by a petit jury. crimes. Dismember. §3. Any person who shall maliciously dismember or deprive a slave sec. 3. of life, shall suffer such punishment as would be inflicted in case the ing or killing like offence had been committed on a free white person, and on the slave. like proof, except in case of insurrection of such slave. § 4. No slave shall be admitted a witness against any person, in any 1805—(4) matter, cause, or thing whatsoever, civil or criminal, except in criminal Sec. 1. cases, in which the evidence of one slave shall be admitted for or be a witness against another slave. Slave not to except in trial of slave. go from home pass, § 5. No slave shall go from the tenement of his master or other b. Sec. 2. 'person with whom he lives, without a pass, or some letter or token, Slaves not to whereby it may appear that he is proceeding by authority from his without a master, employer, or overseer; if he does, it shall be lawful for any person to apprehend and carry him before a justice of the peace, to be by his order punished with stripes, or not at his discretion, not exceeding twenty stripes. plantation of without § 6. If any slave shall presume to come and be upon the plantation Ib. Sec. 3. of any person whatsoever, without leave in writing from his or her nor upon the owner or overseer, not being sent upon lawful business, it shall be any person lawful for the owner or overseer of such plantation, to give or order leave in wrisuch slave ten lashes on his or her bare back, for every such offence. ting. § 7. No slave shall keep or carry any gun, powder, shot, club, or b. Sec. 4. other weapon whatsoever, offensive or defensive, except the tools given carry weahim to work with, unless he is ordered by his master, mistress, or pons, offenoverseer, to carry the said articles from one place to another; but all and every gun, weapon, or ammunition, found in the possession or custody of any slave, may be seized by any person, and upon due Slaves not to sive or defensive. Weapons forfeited to the seizer thereof. May be li proof made thereof, before any justice of the peace of the county or corporation where such seizure shall be made, shall, by his order, be forfeited to the seizer, to his own use; and moreover, every such offender shall receive, by order of such justice, any number of lashes not exceeding thirty-nine, on his bare back, for every such offence: Provided, That any justice of the peace may grant, in his proper censed tocar. county, permission in writing to any slave, on application of his masin their own- ter or overseer, to carry and use a gun and ammunition within the er's farm, limits of his said master's or owner's plantation, for a term not exceeding one year, and revocable at any time within such term, at the discretion of said justice. ry gun with with owner's consent. Ib. Sec. 5. Penalty on persons permitting slaves, not their own, their planta § 8. And to prevent the inconveniences arising from the meeting of slaves, Be it enacted, That if any master, mistress, or overseer of a family shall knowingly permit or suffer any slave not belonging to him or her, to be and remain in or about his or her house or kitchen, or to remain on upon his or her plantation, above four hours at any one time, without tions. leave of the owner or overseer of such slave, he or she so permitting, shall forfeit and pay ten dollars for every such offence; and every owner or overseer of a plantation, who shall so permit or suffer more than five negroes or slaves, other than his or her own, to remain upon his or her plantation or quarter at any one time, shall forfeit and pay ten dollars for each negro or slave above that number, which said several forfeitures shall be to the informer, and recoverable with costs, before any justice of the peace of the county or corporation where such offence shall be committed: Provided, That nothing herein contained shall be construed to prohibit the negroes or slaves of one and the same owner, though seated at different quarters, from meeting with their owner's or overseer's leave, upon any plantation to such owner belonging, nor to restrain the meeting of slaves, on their owner's or overseer's business, at any public mill; nor to prohibit their meeting on any other lawful occasion, by license in writing from their owner or overseer, nor their going to church, and attending divine service on the Lord's day, and between sunrising and sunsetting. Ib. Sec. 6. slaves, pun. § 9. Riots, routs, unlawful assemblies, trespasses, and seditious Riots, &c., by speeches, by a slave or slaves, shall be punished with stripes, not exished with ceeding thirty-nine, at the discretion of a justice of the peace; and he stripes. who will, may apprehend and carry him, her, or them, before such justice. Ib. Sec. 7. white person § 10. If any white person, free negro or mulatto, shall at any time Penalty on be found in company with slaves, at any unlawful meeting, such perfor attending son being thereof convicted before any justice of the peace, shall forfeit unlawful and pay twenty dollars for every such offence, to the informer, recoverable with costs before such justice. meeting, or Powers of justices of unlawful meetings. Penalty on § 11. Every justice of the peace, upon his own knowledge of such unlawful meeting, or information thereof to him made within ten days the peace in after, shall issue his warrant to apprehend the persons so met or ascase of such sembled, and cause them to be brought before him, or some other justice of his county or corporation, to be dealt with as this act directs; and every justice failing herein, shall forfeit and pay ten dollars for every such failure; and every sheriff or other officer, who shall fail, upon knowledge or information of such meeting, to endeavor to suppress the same, and bring the offenders before some justice of the peace to receive due punishment, shall be liable to the like penalty of ten dollars; both which penalties shall be to the informer, and recoverable with costs, by action of debt, in any county or corporation court; and every under-sherff, or constable who, upon knowledge or information of such meeting, shall fail to perform his duty in suppress sheriffs and other offi cers for not endeavoring to suppress unlawful meetings. |
