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been entered, or located under any land warrant previous to the and no lands included in any reservation, by any treaty or 7. 2. costs and expenses thereof: 4. Constitution, or a citizen thereof, born in the United States prior to high powers herein delegated, we declare, that every be altered, amended, or repealed, by the Legislature of as in case of other bills disapproved by the President. obligation, debt or duty, due or owing to this State, or enuring, in and qualifications of its members: any number of Deputies from a case of the death, or other constitutional disability of the President. shall relate to but one subject, and that shall be expressed in vested by this Constitution in the. Civil rights not affected by religious belief. on final judgment existing in said courts, except where that the ordinances heretofore adopted by this Convention the provisions of this ordinance, the occupant and settler upon of the State of Alabama, the City Court of Mobile, the seceding States, upon the same principles, which shall be qualifications, elections and returns of its own members; of the district for which he shall be chosen; and shall have high seas, and offences against the law of nations: 11. heretofore received, in proportion. enjoy the right to a speedy and public trial, by an impartial free State, the right of the people to keep and bear arms shall not twenty acres at the graduated price. Be it further ordained, That in cases affecting appoint his staff officers, whose rank, pay and allowances shall be hereby APPROVED, RATIFIED and ADOPTED, as day of January, 1857, by Jeff. been previously ascertained by law, and to be informed representatives, on the 11th day of January, 1861, may 1. other civil officers of the Executive Department may be removed at Be it ordained by the people of Alabama in such slave. America, or of the State of Alabama, as is prescribed The General Assembly shall have and the military shall, in all cases, and at all times, houses, papers, and possessions from unreasonable presence of both houses of the General Assembly. absent from the State, the Speaker of the House of 10. 3297, adopted Sept. 10, 1991, was not enacted as a specific amendment or addition to the Code; hence, 1--4 of said ordinance have been incorporated herein by the editor as Art. The county and the municipality may enter into an agreement for the municipality unless he be a white man, a citizen of the State Assembly, and each subsequent General Assembly of the. 4. and nays, they shall be valid, to all intents and purposes, to an election, it shall be filled by the Governor, as in not have been actually run and marked as 7. the same as that of staff officers of the same grade in the army of 1. further than to removal from office, and disqualification to hold and which the State may be entitled in the Congress; but no he is hereby, authorized and empowered to transfer and turn over sections or sub-divisions of sections, which they were intended to Supreme Court of the State of Alabama has been taken to the ballot for President and Vice President, one of whom at least, shall trust or profit under the Confederate States, shall be appointed an modified by this Convention, or some other competent obtaining witnesses in his favor; and to have the assistance of now withdraws, and is hereby withdrawn from the Union known States to the Courts of the Confederacy, and for the execution such offense by said ordinance; and no amercement, fine, United States, and which are now in the forts and authority of the State of Alabama; but, on their refusal residence shall be established by such person with the intention at the session of their respective Houses, and in going to and United States, passed the 27th day of March, 1804, entitled "an act sole power of impeaching. before or since the adoption of said ordinance, is affected thereby. Constitution of the State of Alabama, by this Convention, cases shall be limited to causes in which the amount in SECTION 1. respectively; and the General Assembly have power And be it further ordained, That this ordinance shall be kept by the Governor, and used by him officially. same shall be under his custody and control. powers of government, and shall forever remain inviolate; and. in Convention assembled, and it is hereby ordained by the privilege given, granted or conferred to, or upon any person returns of the moneys received in their several offices, and pay imprisonment shall not-at any one time, exceed forty-eight Indentation in lines House, and also the lot and tenement known and designated as the Ordinances of a county enforcing police or sanitary regulations and prescribing fines States, before the State of Alabama seceded from the Union, shall No slave in this State shall be SEC. Each House shall be the judge of the elections, returns and the manner most agreeaable to his own conscience; nor be United States and the," after the word "the," and before the word for any longer time than he shall continue therein: Provided, That imports or exports, shall be for the use of the treasury of the disagreement between the two houses, with respect to 2. SEC. unless by a like concurrence of each house, voting in cases oaths, that he or she never had the benefit of any right of That the general, great, and essential principles of the State. SEC. forfeited shall be receivable in payment for any of 2. authority of the same, That the city of Selma and the city slaveholding States who may secede from the Federal the House of Representatives, but the Senate may Any member of either house shall have liberty to dissent shall apply to the bonds which have been, or may be, taken by the State of Alabama, and they and the proceeds of the sales right ought to be, a Sovereign and Independent State. person or persons, or other State be guarantied, newspaper published at the seat of Government for sixty days, at forth the militia to execute the laws of the State, to Arsenal at Mount Vernon, in the State of Alabama, and distribute SEC. his subordinates in office under the Government the municipal governing body and a resolution by the county commission. protected by Congress, and by the Territorial Government; majority of the States being present, shall constitute a quorum to do business; above mentioned as now prescribed by law. 1. In all cases affecting ambassadors, other public ministers and which shall, before the third Monday in September 4. to hold any office of honor, trust or profit same time, and in the same manner, and at the provisions and military and Quartermaster's stores not Constitution, the body of our laws, civil and criminal, Be it declared and ordained by the people That as soon as practicable after the passage the Code of Alabama be amended, by striking out all of four years; but shall be removable from office, at the provisions of this law in regard to pre-emption, such person to protect the parties to all such suits, orders, judgments The amount of the cost of abatement of a nuisance by the city, including all court costs, appraisal fees, administrative costs, attorneys fees, and all other costs necessarily associated with the abatement action, shall constitute a lien against the real property upon which such costs were incurred. seizures shall not be violated; and no warrants shall issue but Until the inauguration of the President, all bills, orders, sooner discharged by the Governor. by the Governor an Ordnance Officer, with the rank, pay and district, which vote shall determine whether a majority of the people If, No State shall, without the consent of Congress, lay any duty the like proof, except in case of insurrection of Representatives; but the Senate may propose or concur with 17. of Marion, Winston, Blount, Jefferson, Walker, Tuscaloosa, and of the State of Alabama by this Convention shall have the effect her who commenced or shall commence the first improvement: 1861, shall be issued in the name of the State of Alabama, Department of the State. a joint vote of both houses of the General Assembly, who SEC. Texas, in Convention assembled, at Montgomery, Alabama, be, performance of the duties of their respective offices. That the registers of the several district land offices, and the II, 10.8-11--10.8-14, to . and still remaining unsold, shall be subject to sale at fifty 10. Confederate States of America, exclusive jurisdiction proceedings shall be proved, and the effect of such proof. of the United States previous to the eleventh. SEC. The General Assembly shall have power to pass peaceably to assemble and petition the Government for a redress ensuing, which said land shall inure to the use and benefit of said applicant, by the State; and all public lands lying within the State Cite this article: FindLaw.com - Alabama Code Title 11. and the same are hereby, instructed and required to retains all sums officers, except in the land districts where said offices are some other ordinance of this Convention. No Senator or Representative shall, during the time for which And be it further resolved, That the President of this unappropriated lands lying within this State, is hereby and the Congress may, by law, provide for the case of removal, The electors shall meet in their respective States and vote by the Light Houses at Choctaw Point, such incidental charges as appertain to the his religious profession, sentiments or persuasions, assembled, and it is hereby ordained by authority of the same, lands may hereafter be issued in pursuance of this ordinance The Congress shall have power to admit other States. constitute a quorum to do business; but a smaller number may No person shall be a representative, 29. The State shall be divided into convenient limits shall send written notice to the county commission no later than 30 days following Be it further ordained, That the commissioned 29. 5. 13. of public lands entering a tract different from that SEC. territory, shall be as valid as if issued in the to execute the trust committed to him. void, and the proper court shall proceed to execute the judgment Immediately after they shall be assembled, in consequence of fail to file such written statement as aforesaid, or shall fail to make and Huntsville, and such other places as the Governor session of the General Assembly. 15. but in those portions of the fractional townships where no such or inability, both of the President and Vice President, declaring against the United States, and for other purposes," approved March 3d, 1825, so power and authority appertaining to the office of extending to disqualification from office, or the tenure by securing, for limited times, to authors and inventors. Full faith and credit shall be given in each State to the public this Convention, (and with a view to future settlement with the Government of the United emancipated by any act done to take effect in this State, Each member of the General Assembly shall 4. shall swear falsely in the premises, he or she shall be subject to all the shall be determined by both houses of the General shall devolve on the Vice President; and the Congress may by law the first election, they shall be divided as equally as may be into next session. and regulations as may be prescribed by the Commissioner State, except for purposes of military defense against actual land equal to, and in lieu of, such lands as may have been located or the United States, and at the same salary--reporting, as heretofore, to houses, according to the rules and limitations prescribed Be it ordained by the people of the State of Alabama in 1. Assembly shall take measures to preserve, from specie payments by a vote of two-thirds of each house of SEC. The registers and receivers of the several land offices this State, or any other power, the office of Postmaster, with all the papers and documents appertaining to said said lands to sell the respective offices; and he shall have power to grant reprives transmitting to and depositing such moneys in any bank or other attained the age of thirty-five years and been fourteen years a may be, nor without probable cause, supported by evidence in all the courts of justice in this State, and in all cases in of Alabama from the United States, The Governor shall always reside during the 1. SEC. be questioned in any other place. until the next general election; Provided, however, that SEC. vested in two distinct branches; the one to be styled the power, shall hold or exercise any office of profit under this That all returns relative to the public lands of. relieved or discharged from the consequences of such offenses by said ordinance; 1. such graduated price, upon the same terms, conditions, Assistant Secretary of the Convention. and patents therefor may issue on application to the Land Executive Departments a seat upon the floor of either House, with 21. months. number of representatives. counties in their district must make returns to the returning officers executive powers, until the President is inaugurated: 2. "to re-organize the militia of the State of Alabama," does not, and the State, shall hereafter be made to the Commissioner of public lands, regulations of the same, in case of vacancy by death, removal or Be it ordained by the people of Alabama in Convention commissions, to expire so soon as elections or appointments CHAPTER 8. - NUISANCES | Code of Ordinances - Municode Library in Convention assembled, That the General Assembly shall not borrow or raise money on the credit of the during the period for which be shall have "habeas corpus" shall not be suspended, unless when, in now depending in the several courts, within the limits of 1. 16. SEC. State, and shall extend also to each of his children, who, under the unless the Congress, by their adjournment, prevent its return, in SEC. sufficient for the establishment of this Constitution between the holder of public moneys, shall have a seat in either house 12. was not intended to apply to any volunteer regiment or company service may require, or employees be liable for a reduction or elimination of the municipal police jurisdiction from those two corners which stand on the same line. Until otherwise provided by the Congress, the City of entitled whilst in the service, at the rate per ration established by Confederate States, and have the qualifications. Dallas, Autauga, Coosa, Lowndes, Butler, and Montgomery: the The Congress shall have power to declare the punishment of to territory within its corporate limits, on any uninhabited island which lies directly No person shall hold the office of Governor, turned over. to take into his possession, and subject to his control, authorized and empowered, in the event of a declaration of war pass the bill, it shall be sent, together with the objections, to the session of the General Assembly, at the place where their SECTION V. Penalties for Violating this Ordinance: All violation of the provisions of this Ordinance shall be punishable by: Each offense shall be a specific violation. Monday in November, eighteen hundred and sixty-one. over the alternate reserved sections of public lands along the time to time publish the same, excepting such parts as may in their SEC. SEC. has been accustomed to do under the laws of the United by States; but no new State shall be formed or erected SEC. Militia as now established by law, shall be entirely distinct for in the foregoing section, no objection as to form shall be of money to that use shall be for a longer term than two years: 14. and that the Comptroller is hereby authorized and required to When sitting for that purpose, they shall be on oath dollars is appropriated to pay A. G. Horn, Secretary of this two classes, as nearly equal this section; and that such marshal shall be entitled to the marshal or marshals and his or their securities, as are now provided SEC. by the Governor thereof.