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EXECUTORS AND ADMINISTRATORS—Continued.

Executors and administrators shall give security before receiv-
ing bonds or money after sale by commissioners,
Lands, how sold, and upon what notice and terms,
Executor may sell lands directed by will to be sold, if no one be
appointed for that purpose, or dies before completing it,
How compellable to complete titles for which the executor or
administrator gave bond in his lifetime,

Not required to plead specially, but may give any mattter in evi-
dence, and in the general issue,

Not to be held to bail, when sued as such,

For what causes they may be required to give further securi-
ty,

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In such case, court may order first securities to be discharged
entirely, or from the time of taking the new security,
Executors and administrators may resign,

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For what causes they may be removed by the court,
Removed, accountable to successor for assets, .

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181

181-2

450

95

184

50

177, 178

178

179

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178

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183

180

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May have actions of account against each other in certain cases,
Not to take estate at its appraised value,
How to obtain order of sale of personal estate, and mode of sell-
ing it,

Court may authorize crop to be disposed of at private sale,
Executors and administrators shall notify creditors to present
their claims, by advertisement in some public newspaper,
Sales by, not to commence before twelve meridian, nor continue
longer than five P. M., but may be adjourned from day to
day,

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May be attached for failing to appear and settle their accounts
when cited,.
Securities not chargeable beyond assets by mispleading of exe-
cutor or administrator,

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Debtor appointed executor, no extinguishment of the debt,
How made parties to suits of their testator or intestate,
When made parties, entitled to a continuance until next term,
What suits shall survive against them-See "Abatement."
EXILE.

No citizen shall be exiled, .

EXTORTION.

Penalty for taking unlawful fees, or fees when no services have
been rendered,

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Assessor and collector, receiving more than due, to forfeit
three-fold.

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FACTS-See" Charges to Juries," "Trials," and "Evidence."
FAILURE OF COURT-See "Courts."

FAIRS.

Sales at fairs excepted from the laws against hawkers and ped-
lers,

FALSE SAMPLE OF COTTON-See "Frauds."
FAMILIES OF CRIMINALS-See " Poor."

FEE-SIMPLE.

413-414

409 (note.)

All grants, conveyances, and devises, to be deemed of estates in
fee-simple, unless an inferior estate is expressly limited,

FEES-See "Costs."

Of arbitrators and referees,

Of clerks in cases of arbitration, and by whom paid,
Of clerk of the supreme court,

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Of jurors,

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298

451, 452

257

190

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191, 193

191

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Of talesmen detained more than one day on the same issue,

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Officer claiming fees shall render an account in writing,
Penalty for taking fees unlawfully,

Clerks may issue executions for fees with the bill thereof
annexed,

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No commissions allowed on the collection of fees,
Not to be taken unless expressly allowed by law,
Clerks shall keep a list of clerks' and sheriffs' fees posted
up in their offices, and shall not receive fees for services
during failure,

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ib.

But one copy of any matter, and one attorney's fee to be
charged in the bill of costs,

190

Parties, for copies of their own papers, shall not be allowed to
charge the opposite party,

ib.

FELONS AT LARGE-See "Fugitives."

FEMES COVERT-See "Conveyances," and "Dower."

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Partition fences to be maintained at the mutual charge of per-

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Remedy where either party refuses to assist in repairing, .
What shall be a lawful enclosure by dykes, dams, palisadoes,
&c.

Penalty for throwing down or destroying fences, gate, &c.
New roads not to be run through, while crop is growing,
FERRIES.

County court may impose penalties for violating privilege of
ferry,

194

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How established when applicant owns land on both sides of the

river,

ib.

FERRIES-Continued.

Not to be established within less than two miles by water of a

ferry already established, unless within two miles of a town, 363-4.
May be established on sixteenth section, whenever the trustees

think proper,

364

Owners of ferries how made liable for breach of bond, detention
of passengers, &c.

ib.

Penalty for establishing a ferry without license,
Penalty for taking unlawful toll,

ib.

365

367

Court may establish ferries to be kept during high water only,

FINANCIAL DEPARTMENT.

No money to be drawn from the treasury but in consequence
of an appropriation by law,

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Warrants not to be issued until after provision made,

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194

196

195, 196

Accounts how audited and kept, and warrants how issued by
comptroller,
Treasurer shall not pay out or receive money, except on the
money, except
comptroller's warrant,
Comptroller shall number all warrants for payment of money
progressively from the commencement to the end of the
year,

.

Treasurer not to pay warrants unless issued agreeably to law,
Comptroller shall render to treasurer monthly an account of
warrants issued,
Comptroller shall settle all accounts of one year's standing,
and publish the defaulters,

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Defaulters' salaries and commissions to be retained and credited
annually, or the sums with which they stand charged,
Comptroller shall report annually the disbursements from the
contingent fund,

Shall annually furnish clerks of county courts, and tax-collec-
tors, with certified copies of the revenue laws,

Comptroller's and treasurer's office shall be examined annually,
by a joint committee of the general assembly,

195

ib.

196

ib.

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197-8-9

115

199 to 201

200 (and note)

199

ib.

ib.

Annual reports of comptroller and treasurer to be made up to
1st November,

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On plea of guilty, jury to be empannelled to assess fine,
Court may discharge prisoners unable to pay fines imposed,
Persons fined may take the benefit of the act for the relief of
insolvent debtors,

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Clerks shall issue executions for fines unpaid at the rising of the
court, and certify abstract to the county treasurer in one
month thereafter-penalty for failure,

Clerks shall account for taxes due on law process by the first
day of May and November annually-penalty for not ac-
counting,

Shall furnish treasure
urers with abstracts of the records of fines and
amercements annually-penalty for failure,
Proceedings against justices holding fines,

Circuit court empowered to give judgment against defaulters,

230

199

200

424

200

ib.

FINES-Continued.

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200-1
201, 244-5

Sheriff, &c. not liable for fines, unless he has received them, or
suffered a wilful or negligent escape,
All fines payable into the county treasury,
Road fines to be kept by the county treasurer, separate as a
road fund,

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366

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Fines for not working on roads, to be paid to the overseer to
hire hands,

361

Where the law does not direct the appropriation of a penalty, it
shall go to the plaintiff and county equally,

273-4

Governor may remit fines, and grant pardons, and reprieves, 201, 219
Persons fined for betting on a gaming-table, shall remain in
custody until the fine is paid,

Fines under the militia laws-See " Militia.'

FIRE-HUNTING.

Penalties for,

Slave convicted of, how punished,

212

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201

ib.

Captains shall cause the law against fire-hunting to be read to
their companies twice a year,

202

FISH.

Inspectors of, may be appointed in Mobile,

332

FISH-DAMS.

Persons erecting fish-dams on watercourses reported navigable
by United States' surveyor, shall leave one-third of the stream,
including the main channel, open,

442

FLOUR.

Mayor and aldermen of Mobile, may appoint inspectors of,
FORCIBLE ENTRY AND DETAINER.

332

Entries to be peaceable, and only in cases where they are given
by law,

202

What shall constitute a forcible entry and detainer,

203

What a forcible detainer,

Tenant refusing possession on demand, guilty of an unlawful de-
tainer,

Purchasers of university lands, making default of payment, may
be proceeded against by writ of unlawful detainer,
Tenant in possession, refusing to discharge taxes assessed, or
to render possession to collector, guilty of forcible detainer,
Lessee of sixteenth section, holding over after notice, guilty of
unlawful detainer,

Forcible entry and detainer, and forcible detainer, cognizable by
justices of the peace,

Venire and summons,

Defendant may plead not guilty or three years' possession; and
failing to plead, justice shall proceed as on plea of not guilty,
Justice shall record the verdict of the jury, and give judgment,
and issue execution against the party cast, for costs,
Trial may be postponed not exceeding fifteen days,
Justice shall record the proceedings, the names of the jurors
and witnesses, and evidence objected to, with the reasons of
its admission or rejection,

Penalty on sheriff for neglecting to execute or return process,
Proceedings may be removed by certiorari, but not otherwise,
Proceedings in forcible entry and detainer, not to bar other ac-
tions,
Officers' fees,

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FORCIBLE ENTRY AND DETAINER-Continued.
Penalty on defaulting jurors and witnesses,

No writ of restitution to be issued for the plaintiff until twenty
days after judgment,
FORFEITURES-See

FORGERY.

Punishment of,

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Fines," and "Penalties."

In relation to the acknowledgment, &c. of deeds, how punished,
Of hawker's and pedler's license, how punished,
Shall disqualify from office, voting, &c.

FORNICATION.

Penalty for living in, .

FORTHCOMING BONDS-See "Executions and Bonds."

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To be void against those whose debts or interests may be affect-
ed by them,

Conveyances not founded on a valuable consideration, to be
deemed fraudulent, unless acknowledged or proved, and re-
corded within twelve months, or accompanied by a transfer
of possession,
Three years' possession to be evidence of title as to creditors and
purchasers, unless under a deed proved and recorded,
Mortgaged or trust property removed to another county, liable
for holder's debts contracted after removal, unless deed be re-
corded in six months,

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When brought into the state, deed to be recorded in twelve
months, under same responsibility,

Deeds of trust void against subsequent creditors and purchasers
without notice, unless recorded, of lands in sixty, and per-
sonal property in thirty days,

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ib.

108--9

93

409

129

108

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Right of property how tried, in supposed fraudulent convey-

ib.

ance,

167

Deeds valid and operative from the dates of their registration,

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Their privileges in suits at law-See "Bail," and "Venue."
Freeholders only competent as jurors to try the title of land,
Who deemed freeholders for this purpose,

395

396-7

296

297

FREE PERSONS OF COLOR-See "Slaves," &c. and
and Misdemeanors by Persons of Color."
Not to retail spirituous liquors,

Crimes

396

Not to be licensed to retail,

Penalty for retailing, and for a repetition of the offence,

407

396

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