United States Statutes at Large/Volume 3/15th Congress/1st Session/Chapter 127
[Obsolete.]
Chap. CXXVII.—An Act to alter and amend an act, approved the third day of March, one thousand eight hundred and seventeen, entitled “An act to establish a separate territorial government for the eastern part of the Mississippi territory.”[1]
Judicial power of judges in Alabama extended to all the counties in the territory.
Act of March 3, 1817, ch. 59.
Superior court to be holden in all counties alike.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the judicial power of the judges of the Alabama territory, appointed, or hereafter to be appointed, under the authority of the government of the United States, shall extend as well to any other county or counties which have been or may be, found [formed] within the limits of said territory, as to those which are specially mentioned and named in the act, entitled “An act to establish a separate territorial government for the eastern part of the Mississippi territory,” approved March the third, one thousand eight hundred and seventeen. And that in such county or counties, superior courts shall be holden by said judged in the like manner and with the like powers and jurisdiction, as the superiorPowers of general court to extend to admiralty jurisdiction.
Subject to appeals to the supreme court, &c.
Act of April 21, 1820, ch. 45. courts are now directed by law to be holden in the counties specially mentioned, as aforesaid, in the act aforesaid. And the powers of the general court of the said territory shall extend to all cases of admiralty and maritime jurisdiction: And their judgments or decrees in such cases shall be subject to appeals to the supreme court of the United States, in like manner, and upon the like terms, as appeals in similar cases are allowed and prosecuted from the judgments or decrees of the circuit courts of the United States.
The legislature may regulate the holding the superior courts, &c. not exceeding two terms annually.Sec. 2. And be it further enacted, That the legislature of the said territory shall have power to appoint, change, and regulate, the times and places of holding the superior courts in each of the counties of said territory, and also to prescribe the number of terms to be holden in each county: Provided, They do not exceed two annually.
Part of sec. 3, of act of March 3, 1817, ch. 59. repealed.Sec. 3. And be it further enacted, That so much of the said act, approved March the third, one thousand eight hundred and seventeen, as provides “that no judge shall sit more than twice in succession in the same court,” be and the same is hereby, repealed.
Officers to take an oath of affirmation to support the constitution before the governor or person appointed by him.Sec. 4. And be it further enacted, That the secretary of the said territory, judges, members of the legislative council, members of the House of Representatives, justices of the peace, and all other officers, civil and military, who may not have taken an oath of office, shall, before they enter on the duties of their respective offices, take an oath or affirmation to support the Constitution of the United States, and for the faithful discharge of the duties of their office; which oath or affirmation shall be taken before the governor of the said territory, or such person as he shall appoint and direct.
Approved, April 20, 1818.
- ↑ See notes to act of March 2, 1819, ch. 47, for the acts relating to Alabama.