may be found, on due proof made, to issue his warrant for such offending person, and cause him to be brought before such justice, who is hereby empowered, on conviction, to demand security for his good behavior, and in case of refusal or neglect, to commit him to the jail of the county for any term not exceeding ten days, at the expiration of which time he shall be set at liberty, if nothing criminal appears against him; the said offender paying all charges arising from such imprisonment. And if such person shall be guilty of the like offence after the space of twenty days, he or she so offending shall be deemed a vagrant, and be subject to one month's imprisonment, with all costs accruing thereon: which if he or she neglect or refuse to pay, he or she may be continued in prison until the next county court, which may proceed to try the offender, and if found guilty by the verdict of a jury of good and lawful men, the said court may proceed to hire the offender for any term not exceeding six months, to make satisfaction for all costs: but if such person so offending be of noted ill fame, so that he or she cannot be hired for the costs, nor give sufficient security for the same, and his or her good behavior, in that case, it shall be lawful for the court, to cause the offender to receive not exceeding thirty-nine lashes on his or her bare back; after which he or she shall be set at liberty, and the costs thereon accruing shall become a county charge; which punishment may be inflicted as often as the prisoner may be guilty, allowing twenty days between the punishment and the offence. harboring idle persons, § 2. It shall not be lawful for any housekeeper within this territory, Penalty for to harbor or entertain any idle person of a suspicious character knowingly, for any longer time than twenty-four hours, under the penalty of suspicious of ten dollars for every such offence, to be recovered by warrant before any justice of the peace of the county where the offence shall be committed. character. § 3. All fines inflicted by this act shall be paid, the one half to the Fines, how informer, and the other half to the use of the county. appropriated. VICE AND IMMORALITY. No work or Sunday. and others § 1. No worldly business or employment, ordinary or servile work, 1803-(6) (works of necessity or charity excepted,) nor shooting, sporting, hunt- diversion aling, gaming, racing, fiddling, or other music for the sake of merriment, lowed on nor any kind of playing, sports, pastimes, or diversions, shall be done, performed or practised, by any person or persons within this territory, on the Christian Sabbath, or first day of the week, commonly called Sunday; and every person, being of the age of fourteen years or upwards, offending in the premises, shall for every such offence, forfeit and pay the sum of two dollars; and no merchant, or shopkeeper, or Merchants other person shall keep open store, or dispose of any wares, or mer-forbidden to chandise, goods or chattels, on the first day of the week commonly sell on Suncalled Sunday, or sell or barter the same, upon pain of forfeiting the sum of twenty dollars, for every such offence; and if any person of- Proceedings fending in any of the premises aforesaid, shall be thereof convicted fenders. before any justice of the peace, for the county wherein the offence shall have been committed, upon the view of the said justice, or confession of the party offending, or proof of any witness or witnesses upon oath or affirmation, then the said justice before whom such conviction shall be had, shall direct and send his warrant under his hand and seal, to some constable of the county where the offence shall have been committed, commanding him to levy the said forfeitures and day. against of No wagoner, Sunday. penalties by distress and sale of goods and chattels of such offender; and in case no such distress can be had, then every such offender shall, by a warrant under the hand and seal of the said justice, be set publicly in the stocks for any space of time not exceeding four hours. § 2. No wagoner, carter, drayman, drover, butcher, or any of his &c., to ply on slaves or servants, shall ply or travel with his wagon, carts, or drays, or shall load or unload any goods, wares, merchandise, or produce, or drive cattle, sheep, or swine, in any part of this territory, on the first day of the week called Sunday, under the penalty of five dollars, to be levied, recovered, and applied, in manner and form as is directed by this act. Process not on Sunday, or for breach § 3. No person or persons, upon the first day of the week called to be served Sunday, shall serve or execute, or cause to be served or executed, any except in cri- writ, process, warrant, order, judgment, or decree, (except in crimi minal cases, nal cases or for a breach of the peace,) but the service of every such of the peace. writ, process, order, warrant, judgment, or decree, shall be void to all intents and purposes whatsoever: and the person or persons so serving or executing the same, shall be liable to the suit of the party aggrieved, and to answer damages to him for the doing thereof, as if he or they had done the same without any writ, process, warrant, order, judg Service may ment, or decree: Provided, That if information shall be made by the be legalized, oaths of two reputable persons to any justice of the peace, or magising oath, &c. trate of any corporate town, that they have good reason to believe that party mak Persons profanely swearing, or cursing, to be fined fifty cents. Fine for any person liable to have any such process, warrant, order, judgment, or decree, served upon him, intends to withdraw himself and escape from this territory, under cover and protection of the said first day of the week commonly called Sunday, it shall be lawful for any officer duly authorized, (being furnished with a certificate of such information, upon oath as aforesaid, under the hand of the justice of the peace, or magistrate as aforesaid,) to serve or execute such process, warrant, order, judgment, or decree, on the first day of the week, which shall be as valid and effectually done, to all legal intents and purposes, as if the same had been done on any other day of the week. § 4. If any person shall profanely swear or curse in the hearing of any justice, or shall be convicted of profanely cursing or swearing, by the oath of one or more witnesses, or confession of the party before any justice, every such offender shall forfeit and pay for every such offence, the sum of fifty cents. § 5. Every person convicted of drunkenness, by view of any jus drunkenness. tice, confession of the party, or oath of one or more witness or wit nesses, shall for every such offence forfeit and pay one dollar. All plays, shows, &c., Sunday, § 6. If any person or persons whatsoever, shall show forth, exhibit, forbidden on act, represent, or perform, or cause to be shown forth, acted, represented, or performed, any interludes, farces, or plays of any kind, or any games, tricks, juggling, slight of hand, or feats of dexterity and agility of body, or any bear-bating, or bull-bating, or any such like show, or exhibitions whatsoever, on the first day of the week, every under a pe person so offending, and thereof convicted before any justice of the teen dollars. peace, of the county where the offence shall have been committed, shall for every such offence, forfeit and pay the sum of fifteen dollars. nalty of fif Penalty for disturbing public wor ship. §7. If any person or persons whatsoever, shall wilfully and of purpose, disquiet, interrupt, or disturb any assembly of people met for religious worship, either by making a noise, or by rude or indecent behavior, or profane discourse, whether within the place of worship, or out of it so near the same as to disturb the order and solemnity of the meeting; then every person so offending, and being thereof con victed, before any justice of the peace of the said county, shall for every such offence, forfeit and pay the sum of five dollars.1 tain fines act. 8. In case any person who shall be convicted of any of the Mode of reoffences mentioned in the fourth, fifth, sixth, and seventh sections of covering certhis act, shall not immediately pay the sums so forfeited, with the under this charges of such conviction, then the said justice before whom such conviction shall be had, shall direct and send his warrant under his hand and seal to some constable of the county, where the offence shall have been committed, commanding him to levy the said forfeitures or penalties, together with the charges, by distress and sale of the goods and chattels of such offender; and in case no such distress can be had, then every such offender shall, by warrant under the hand and seal of the said justice, be set publicly in the stocks for any space of time, not exceeding four hours. against § 9. Every justice of the peace shall, immediately on information Proceedings given upon oath or affirmation of any person whatsoever, cause the offenders. offender or offenders against this act to appear before him, and upon such information being proved as aforesaid, shall convict such offender and offenders in such a manner as in and by this act is prescribed. and pay over. § 10. It shall be the duty of the justices before whom such convic- Justice to retion shall be had, to receive all such forfeitures and fines, as may be- ceive fines, come due by virtue of this act, and pay one half to the informer, and the other half to the treasurer of the county wherein the offence was committed, for the use of the poor thereof. enforce this act. § 11. All justices of the peace for the county wherein any such of Justices to fence shall be committed, are required to put this act into execution, against any person or persons within their respective jurisdictions. $12. No person shall be prosecuted for any offence against this act, Limitation unless the same be proved or prosecuted within ten days after the commission of such offence. of prosecutions. WATER-COURSES. Act of con gress-March Sec. 6. All naviga. ble streams ways. § 1. ALL navigable waters within the said state (of Alabama) shall for ever remain public highways, free to the citizens of said state, and 2, 1819. of the United States, without any tax, duty, impost, or toll therefor, imposed by the said state. $2. The county courts of the respective counties in this territory, public highare authorized, whenever in their opinion it may be deemed necessary 1808—(2) and proper, to open any navigable stream in the said county, to con- County tract with one or more persons for opening the same, by giving at least courts may forty days' notice at the court-house of said county, previous to making the opening such contract, which shall in every case be let to the lowest bidder for of navigable the same. Sec. 3. contract for streams. Contractors §3. It shall be the duty of said county courts, to take bond and se- b. Sec. 4. curity of the person or persons with whom they may contract for to enter into opening any navigable stream, as contemplated by the preceding sec- bond. tion, and upon the fulfilment and execution of the said contract, they are hereby authorized to draw on the treasury, in favor of the person or persons with whom they have contracted as aforesaid, for any sum not exceeding one tenth part of the revenue of said county. §4. The clearing and opening of all streams, which have been de- 1810—(2) clared by law to be navigable, or which may by any county court 1 See "Religion,”—§ 8. Sec. 1. County courts to have the same juris diction of navigable streams, as of public roads. 1814-(9) Sec. 1. Obstruction hibited. Fine for ob structing. within this territory be declared navigable, shall be placed under the control of the county court of the county through which the same may pass; and the said county courts are hereby vested with power, at their discretion, to appoint overseers to clear out the same, and apportion the hands to work thereon, in the same manner, and under the same regulations in every respect, that overseers and hands appointed to work on public roads are placed by law. § 5. It shall not be lawful for any master of a vessel, or other person, to obstruct, or cause to be obstructed, any of the channels or of navigable passes, in any of the navigable bays, rivers, or creeks, in this territory, Waters pro- by throwing, or putting, or causing to be thrown or put, any ballast, tree, or other impediments, into the said channels or passes, or in any other manner whatever to obstruct the free navigation thereof; and the person or persons so offending, shall be fined in a sum not less than fifty dollars, nor more than two hundred, to be assessed by a jury. 6. It shall be the duty of any justice of the peace, upon his own apprehend knowledge, or upon proper information, to issue his warrant to apprehend any person so offending, and upon his appearance, to bind him in a sufficient recognizance to appear at the next superior court to be holden for the county in which the offence may have been comGrand juries mitted, to answer an indictment to be preferred against him. It shall moreover be the duty of the grand jury to take notice of offences arising under this act. Ib. Sec. 2. and bind over offenders. to take cognizance. 1819-(3) Sec. 1. Water. Courses re ported navi gable by U. S. surveyor. Ib. Sec. 2. §7. All water-courses reported to be navigable, or which may hereafter be reported to be navigable, by the surveyor of the United States, employed in surveying lands in this state, shall be and remain free and open. § 8. If any person or persons shall erect any fish-dam on any such Duty of those Water-courses, he or they shall open in the deepest channel of said erecting fish- water-courses, where any such dam may be erected, one third of said water-course, including the main channel thereof. dams. Ib. Sec. 3. Penalty for not comply. § 9. In case any person shall fail to comply with the provisions of the second section of this act, he shall forfeit and pay for every such ing with the offence, the sum of twenty dollars, to be recovered before any justice of the peace; one half thereof to the use of the person who will sue for the same, the other half to the county where such offence shall be committed. foregoing section. Пb. Sec. 4. hedges, or in navigable § 10. If any person shall make any hedges, or cut, or cause to be Making cut, any tree or trees to fall in said navigable water-courses, he shall felling trees forfeit and pay for every such offence, the sum of ten dollars for every streams, &c. day such hedge or tree shall so remain in said water-course, recoverable before any justice of the peace; one half thereof to the use of the person who will sue for the same, and the other half to the use of the county where such offence shall be committed. Penalty. 1820-(15) Sec. 1. § 11. It shall not be lawful for any person, under any pretence Streams not whatever, to obstruct or divert any stream of water from its natural diverted from channel, which would otherwise flow through the land of any other another's land. Ib. Sec. 2. Offenders liable to action. 1820-(22) Sec. 1. Counties to have juris person. § 12. If any person shall violate the provisions of this act, he shall be liable to the action of the party aggrieved thereby. § 13. The jurisdiction over all rivers not included in the bounds of any county in this state, is hereby given to the county or counties whose jurisdiction now extends to the margin thereof. And it shali diction of be lawful for the proper officer to execute any process to him directed, on the body or property of the defendant therein named, as well on said river, as in other parts of such county or counties. All pro water courses on their mar gins. cess thus executed, shall be as valid as if executed in the body of the county. WEIGHERS-PUBLIC. Preamble. [WHEREAS, difficulties and disputes frequently arise between the 1892—(33) seller and the purchaser of cotton and other articles of merchandise, with regard to the weight, and for remedy thereof: point public city of Mo give bond, § 1. Be it enacted, &c. That the judge of the county court for the Judge of county of Mobile is hereby authorized to appoint one or more suita- court to ap ble persons, not exceeding two, who shall be known as public weigh- weighers for = ers for the city aforesaid. And the person appointed a public weigher, bile. as aforesaid, before he enters upon the duties of his office, shall be Weighers to =required to give bond with good and sufficient security to the judge of and take the county court aforesaid, in the sum of one thousand dollars, for the oath. faithful performance of the duties enjoined on him by this act; and shall also take and subscribe an oath, that he will without favor, partiality, or affection, discharge the duties of his office. fix weigher's may make wet or da. 5 § 2. The judge of the county court aforesaid, shall have power and Judge may authority to make such rules and orders for the government and com- compensapensation of said public weigher, as to him may seem meet, and the same tion. to revoke, alter and amend from time to time, as he may deem proper; and whenever the said public weigher may be called upon by any per- Weigher son or persons to weigh cotton, or any other article that may, upon ex- allowance amination thereof, prove to be partially wet or damaged, the said pub- for articles lie weigher shall have full power and authority to decide and determine. the loss of weight such cotton or other article has sustained in consequence of being weighed in a wet or partially damaged state; and the said public weigher shall make such allowance in the actual weight for such wet or damage as may to him appear equitable and just, between the vendor and the purchaser, or the parties interested therein; and the returns of cotton or any other article made by the public Weigher's weigher as aforesaid, after having been weighed at the scales of some public weigher, shall be binding upon all parties interested therein, so far as regards the weight: Provided however, That any person or Proviso. persons whatsoever, shall at all times have the right to weigh his or their own cotton, or any other article, at their own scales.] return bind. ing. grieved, may shall arraign §3. On charges preferred by any person or persons feeling them- Persons agselves aggrieved by the neglect of the said public weigher, and on complain to affidavit being made in support of the same, it shall be the duty of the judge, who judge aforesaid to summon the said public weigher to appear before and try the him at such times as he may appoint; giving at least two days' no- weigher. tice, and furnishing at the same time a copy of the charges as preferred, to enable him to appear with his proof; and if on a fair investigation of the charges, from the testimony adduced, the said public weigher shall have been found guilty of any wilful neglect of the duties of his office, it is hereby made the imperative duty of the judge aforesaid, to dismiss him from office, and appoint another suitable person to fill the vacancy: Provided always, That the cost of said investigation Costs. shall be paid by the party in default: And provided also, That all pay. 1 The first two sections of this act were repealed in January, 1833, and the appointment of public weighers for Mobile, given to the mayor and aldermen of the city. See hereafter, 1833-(24). But the express references to them in a subsequent part of this title, rendered their insertion indispensable. Witnesses' |