The State guard., 1848-03-21

the penalty of fifty dollars, to be recover ed by action of debt, before any justice of the peace, by such Executor, Admnistra- tor or Guardian so improperly charged, and to be accounted for as other assetts i; and if any such Judge or Clerk shall re- ceiye any other or greater fees than arc by this act expressly allowed, from any Executor, Administrator or Guardian, or other person, he shall, for every such fee so improperly received, forfeit and pay to the person paying the same, the sum of fifty dollars, recoverable before any jus tice of the peace, in the name of tic per- son who shall have paid such fee, to be by him accounted for, if paid, as Executor, Administrator or Guardian, as other as- sets and it shall be their duty to sue for the same, provided, this remedy shall not bear an indictment tor extortion, nor pre- Lvens any person aggaieved to a greater amount than fifty dollars, from recovering in addition whatever amount he or she may have illegally paid.
 SEc. T. And be a further enact cd That such Judges and Clerks shall keep their offices at the Court Houses of their respective counties, and shall keep them, open for the transaction of business, from nine o'clock in the morning until three o'clock in the evening, Sundays excepted.
 SEC. 8. And De h further enacted, That said Judges and Clerks shall keep constantly on their tables book, in which shall be entered all the fees which they have received |; and it shall be the duty of the Solicitor and Grand Jury, du- ring any and every term of the Circuit Court, and of the Criminal Court of Mobile county, to examine said fee book, and to enquire into the fact whether or not illegal fees have been received and if they shall find that greater or other fees have been received than are allowed by this act, said Judges and Clerks shall be indicted, and if convicted, shall be fined not less than one hundred, nor more than five hundred dollars, and be dismissed from office and the Court shall, moreo- yer, have said conviction certified to the Governor, who shall fill the same, as in other cases of vacancy.
 SEC. Q. AnI H further enacted, That said Judges and Clerks, together with their securities on their respective official bonds shall be liable, thereon, for all and each of the penalties, fines and iorieitures incurred by any violation of any of the provisions of this act.
 SEC. 10. Ani De t further enacted, That none of the fees herein before mentioned shall be payable by any person whatso- ever, until there be produced, or be ready to be produced, unto the person owing or chargeable with the same, bill or account in writing containing the partic- ulars of such fees shall be due, or by whom the same is chargeable respective ly; in which bill or account shall be expressed in words at length, as the fees aforesaid are allowed by this act, every fee for which money shall be demanded and Executor, Administrator, or Guardi- an shall be allowed for the payment oI any fec, charge compensation or reward to any Clerk or Judge. unless such, bill be so produced, provided that either be- fore or after the payment of such fees or costs, any persons interested may have the same retaxed, on application, by any of the Judges of the Circuit Court, either in vacation, or term time, first giving ten days notice ofthc time and place of such application.
 SEC. Il. And be H further enacted, That all laws or parts of laws coming in con- fict with the meaning and provisions O this act, be and the same are hereby repealed.
 lO2. An act to amend the Sixteenth Section law of this State. l03. An act to prevent further loss and provide for the preservation of the public arms. lO4. An act to establish the boundary line between the States of Alabama and Florida. l-.-.-
 l05. An act to provide for the appoint ment of Inspectors and a Physician of the Pcnitentiaay.
 1O6. An act in relation to the probate of deeds before Justice of the Peace. This act authorize Justices of the Peace to take and certify acknowledgements o deeds and relinquishment of dover to lands, whether the same be in their re- spective counties or not. -If .=I f55t5 '
 lO7. An act to authorize the Governor of Alabama to appoint an agent to audit and settle the account between the Govern. ment of the United States and the State Alabama.
 IOs. An act to regulate the appoint. ment of administrators of insolveht es- tates. +e ., ! 109. An act to prevent the giving, sell ling, or delivering of any kind of spirtu, ous, fermenied or other liquor, to any student or pupil of the University of Ala bama, or of any Academy or School in this State,
 11O. An act to regulate the mode of proving in Court of Justice the interest ol other States of this Union. 1f
 III. An act to authorize the Chanccl- Tor and Judges of the Circuit Courts tc change Trustees in certain cases.
 1l2. An act to amend the law in rela. ton to Attorneys. ei eE
 1l3. An act to amend the law concern. ing the action of detinue,
 IA An act to .sr,oud acd co,,t;r,o ;,,