ALABAMA.

The legislature of Alabama, at its session commencing in November, 1829, passed ninety-six acts, of which, although it is difficult to give them all a precise technical classification, twenty-one may be considered as public, and seventy-five as private or local. It also adopted ten joint resolutions and seven joint memorials. The acts are not numbered, and are printed without regard to the date of their passage. The private acts are conceived to contain nothing of general interest except the appointment of canal commissioners for the improvement of the navigation of the Tennessee River; the incorporation of the 'Tuscumbia Railway Company,' and of the stockholders and subscribers to the newly invented Marine Railway, in the city of Mobile;' the establishment of a new County, to be called by the name of 'Lowndes;' the incorporation of the trustees of La Grange College; the incorporation of sundry academies; and an appropriation by the state of five hundred dollars to increase the funds of The Library Society of the Bench and Bar of the Supreme Court of Alabama.' The other private acts relate chiefly to divoces, emancipations, the laying out turnpike roads, settlement of boundaries, establishment of seats of justice, the payment of private claims, the relief of defaulters, &c. &c.

The following is a brief abstract of the substance of the public acts passed at this session.

Internal Improvement. The Governor of the state, who is ex officio president of the board, and six commissioners, to be selected biennially from six districts particularly designated, are incorporated under the style of the 'President and Directors of the Board of Internal Improvement.' The amount of the interest annually arising from the three per cent. fund is vested in this board, to be expended in the employment of an engineer, or engineers, and the other incidental charges of making surveys. It is their duty to meet once a year, on the third Monday in November, at the town of Tuscaloosa; and continue in session until all the business of the board is transacted; to subscribe in behalf of the state, to such public works as the General Assembly may, from time to time, agree to patronize; to let contracts; and to report to the General Assembly, each session, 'the exact state of the fund for internal improvement, the progress, condition, and net income of all the public works under their charge: the surveys, plans, and estimated expenses of such works as they may recommend to the patronage of the General Assembly, together with such other important information as they may have it in their power to collect, in relation

to the objects committed to their trust.' The General Assembly reserves to itself the right to alter, amend, or repeal, the whole or any part of the act, establishing said board.

Steamboats and Barges.-Landing of Goods. It is made the duty of all captains or commanders of steamboats and barges, or other vessels, running in any of the navigable rivers in this state, to land all goods at the landing for which they were shipped, and place them at least ten feet perpendicular above the edge of the water; or if the height of the river will not permit, on the highest and most secure spot within one hundred yards of the landing. Persons failing to comply with the provisions of this law, are liable to pay the owners of the goods double their value, recoverable before any court of competent jurisdiction, together with double costs. If cotton bales or bags be injured by means of cotton hooks or otherwise, in loading or unloading on board of any steam boat or barge, the owner shall forfeit the freight of the article so injured, and also be further responsible to the owner or consignee of the cotton for the amount of the damage.

Clerks' Offices. The offices of the clerks of the Circuit and County Courts are to undergo a strict examination once every two years, by one or more persons, not exceeding three, learned in the laws,' to be appointed by the judge of the court. The examiners act under oath, and it is their duty to examine into the records of the court, and the fee-books kept by the clerk, and make a true return of the general state of the office and if they detect any malfeasance or misfeasance, to specify it particularly in their report, which report when made shall be recorded in the clerk's office of the said court, and shall be subject to the inspection of

any person without fee.' A joint resolution provides for the examination, annually, of the offices of the comptroller and treasurer, by a joint committee of three members from each branch of the legislature.

County Treasurers are required to make an annual settlement of their accounts, showing every item of receipt and expenditure of the county, and post a copy of the settlement so made, on the court house once a year, under the penalty of one hundred dollars for each failure so to do.

Elections. If a vacancy occurs in either branch of the General Assembly, by death, resignation, or otherwise, during the session, or within sixty days before its meeting, the Governor may issue writs of election to fill such vacancy, by giving not less than ten days notice. In contested elections of members of the General Assembly, the party contesting shall give the person whose election

he disputes, a notice in writing, setting forth the grounds of the contest, to be served by the sheriff, coroner, or some constable of the proper county, either personally, or by leaving a copy at his usual place of residence, within thirty days after the election. Notices to take depositions may be served by either of the above named officers, by leaving a copy at the usual residence of the party intended to be notified.

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Betting on Elections. Any person who shall make any wager of money or other valuable thing, upon an election, shall be deemed guilty of a misdemeanor, and on conviction shall be fined at the discretion of a jury, not exceeding fifty dollars. If the person so convicted be the sheriff, deputy-sheriff, coroner, constable, or other person who may be concerned in holding, conducting, or managing, the election, the fine to be imposed shall not be less than fifty dollars; and if a sheriff, coroner, or constable, he shall be impeached and removed from office.

Change Bills or Tickets. Any person or persons, partnership or association of individuals, who shall sign, seal, or make, any promissory note, bill of exchange, either foreign or domestic, or order drawn upon any person or persons, bill single or penal, for a less sum than three dollars, and issue or put forth the same as a change bill, or to make it subserve the common purposes of money, shall be fined in a sum not less than fifty nor more than two hundred dollars; and any person who shall pass off, circulate, or aid in the circulation of, any such note or instrument of writing, shall be fined not less than five nor more than twenty dollars, and shall stand committed to the common jail of the county till the fine and costs are paid.'

Action of Detinue. In an action of detinue, if the plaintiff, his attorney or agent, shall make affidavit that the property sued for belongs to the plaintiff, and shall file with the clerk sufficient bond, conditioned to pay the defendant all damages which may be occasioned by the wrongful suing out of his writ, the clerk shall, by endorsement on the writ, direct the sheriff to take the property in his possession, unless the defendant enters into bond, in double the amount of the value of the property to be taken, payable to the plaintiff, and conditioned for the delivery of the property to the plaintiff within thirty days after the determination of the suit, if the defendant be cast therein. If the defendant neglect for five days to give such bond, the sheriff shall take the property and deliver it to the plaintiff, on his entering into similar bond, conditioned to restore the property within five days after demand made. If the plaintiff neglect to give such bond for

five days after the property is taken, the sheriff shall redeliver it to the defendant. If the defendant's bond be forfeited, it shall be returned 'forfeited,' and have the force and effect of a judgment. If the plaintiff's bond be forfeited, he and his securities are liable to an action thereon, and to damages not exceeding fifty per cent. on the value of the property for its detention.

Prisoners committed on process from the Courts of the United States. No keeper of the common jail is compellable to receive a prisoner committed upon process from the courts of the United States, unless at the time of the commitment there be a good and sufficient jail in the county in which the prisoner may be confined; and in case of commitment, the marshal becomes individually responsible for all prison fees, as well as for the fifty cents per month, agreeably to a resolution of the Congress of the United States (Sept. 23d, 1789.) In all civil suits wherein the United States is not plaintiff, sheriffs are not bound to receive from the marshal for the district of Alabama, any prisoner on process from the District Courts of the United States, until the marshal shall secure him for the amount of the prison fees; and when debtors on judgment in civil cases obtained in any of the courts of the United States shall be committed to jail by process of execution, they shall be discharged, unless the plaintiff at the time comply with the existing laws of this state, 'in the same manner as though such debtor had been confined under process issuing from the courts of this state.'

Circuit Judges. The act provides that in future it shall be the duty of the Circuit Judges to so alternate, that no judge shall preside in the same circuit oftener than one term in three, except that they may hold Special Courts as heretofore required by law.'

Bank Securities. Securities to notes payable to the President and Directors of the Bank of the State of Alabama, and those bound for the payment of bills of exchange, the property of said bank, on paying them after protest for nonpayment, acquire the rights of the bank, and may proceed in a like summary manner against the principal in the note, and against the drawer, acceptor, or any previous endorser of the bill by motion: to support which, the President's certificate of payment shall be sufficient evidence. Judicial Securities. The Circuit Courts shall have the same power to render final judgment against the security in appeal and writ of error, bonds from the County Courts, that has heretofore been vested in the Supreme Court of the state; and it shall be the duty of the County and Circuit Courts, at the time of rendering final judgment in a cause, to give judgment also against the

security for costs of non-resident plaintiffs, and the securities in bonds given by non-resident defendants for the forthcoming of property attached: in which latter case the court may direct a jury to be empannelled to assess the value of the property replevied, together with the damages that may have accrued.

Executors, Administrators, and Guardians. Decrees of the Orphans' Courts on final settlements of the accounts of executors, administrators, and guardians, shall have the force and effect of judgments at law, and an execution may issue thereon for the collection of the several distributive amounts. When distribution of real or personal estate is decreed by the Orphans' Court, each distribution may have for the former a writ of habere facias possessionem; and for the latter, a writ of execution or attachment, or both.

Wills. When any will shall have been proved and recorded during the space of one year, in any county in this state, and it shall be required to be proved in any other of the United States, to enable the executor or administrator with the will annexed to comply with its provisions, the judge of the court where the will is deposited, shall allow the executor or administrator to withdraw it for that purpose.

Dismissal of Suits. Suits may be dismissed in vacation, by giving the defendant six days notice, and confessing judgment for costs or in the case of non-resident plaintiffs, by paying the costs that have accrued. Where the writ has not been executed, no notice to the defendant is necessary.

The legislature also adopted, among others, joint resolutions and memorials of the following titles, to wit.

'A joint resolution, ratifying the proposed amendment to the constitution of the state of Alabama, so as to limit the tenure of the judges' offices to six years.'

'A joint resolution, proposing amendments to the constitution of the state of Alabama, so as to have biennial sessions of the General Assembly thereof.'

'A joint resolution in relation to the Cherokee boundary,' proposing to have said line correctly run.

"A joint resolution, instructing our senators, and requesting our representatives in Congress, to use their exertions, to procure a remission of the duties which may accrue upon the importation of a library and apparatus for the University of Alabama.

A joint memorial of the Senate and House of Representatives of the state of Alabama, to the Congress of the United States, praying indemnity for losses sustained by the depredations of the Creek Indians.