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An Act Relative to Justices Courts, and for other purposes, in certain counties therein named. 1839 137 (1839)

handle is hein.slavery/ssactsal0250 and id is 1 raw text is: [No. 88]                   AN ACT,
Relative to Justices Courts, ad for other purposes, in certain counties therein named.
Section 1. Be it enacted by the Senate and House of Repre.
sentatives of the State of.Jlabama it& General.Iasembly convened, justices
That the Courts of Justices of the Peace in the counties of Butler, couts whet
Pike, Benton, Randolph, Chambers, Tallapoosa, Clarke, Jefferson,
Macon, DeKalb, Cherokee. Henry and Talladega, shall be holden
regularly once in each month, and at no other time, except to hear
and determine rules against Constables.
Sec. 2. And be it further enacted, That all processes issued by a
Justices of the Peace, which is not returnable to some Superior Court Process when
of law or equity, shall bereturnable at the regular term of holding returnable.
such Justices Courts; otherwise the same shall he itterly void: never-
theless, should any suit. be instituted in any of said Courts within five
days preceding the time of holding snid Court, the'same shall be made
returnable to the second term of the Court, after the issuance thereof.
5ec. 3. And be it fur'er enacted, That the two Justices. of the
Peace in every beat, shall hold their courts at the same place and on To be held
the same day, which shall be either on the first, second, third or Mn
fourth Saturday in April next, as they inayagreobetween themselves,
and monthly therealier; but should the said Justices fail to agree on
which of the days therein mentioned, they will hold their courts then
and in that case, they are hereby required to hold their said courts on
the first Saturday, in April next, and monthly thereafter; nevertheless,
all Justices of the Peace, shall be governed by the laws now in force
as to the time and manner of holding their couits, until the period ar,
rives for the cdmmencement of monthly sessions, as prescribed by this
act, which monthly sessions may be adjourned over to the succeeding
Monday, if unfinished business makes it necessary.
Sec. 4. And. be it further enacted, That all Constable sales-shall
be holden at the same time and places of holding the Justices courts Constable
in the beat where the sale takes phice, but,if the property to be sold sales bctd
should be of such description as to make it inconvenient to remove monthl7.
the same to the place of holding the said courts, then and in such ca-
ses, the property may be sold on ten days notice at any public place in
the beat, or at tle residetce of the delndant, if required by said de-
fendant; and it shall be the duty of the Constables in every instance
of sale, to give notice of at least ten days in writing, of such sale by
advertisement at the place of holding the same, and at least one other
public place in the beat: Provided, however, that nothing in this act, Prio.
shall be so construed as to alter the mode now prescribed by law for
the disposition of slaves taken by virtue of an eXecution, or propety
ofa perishable nature taken by virture of an original attachment
Sec. 5. And be it further enacted, That such Justices courts and
Constables sales shall be held at the muster ground, in the several Courts and
heats, or if for want of a building at .said muster ground, or other
manifest inconvenience, it becomes necessary, the two Justices of the

137

1840.'

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