LOST INSTRUMENT-Continued.

Must be pleaded on oath,

Lost certificate of purchaser of 16th section lands how renewed,
Lost certificate of stock, how renewed,

LOTTERIES.

Penalty for establishing a lottery not authorized by law, and

proceedings against offenders,

Each masonic lodge in the state may raise $3000 by lottery,
LOTTERY TICKETS.

Robbery and larceny of, how punished,

LUMBER-See "Inspection."

LUNATICS-See "County Court," and "Guardians."

MAIM-See "Mayhem.”

277

383

399

209

307

103

MALICIOUS MISCHIEF-See "Trespass."

Injuring public buildings, monuments, &c. how punished,

104

Throwing down fences, or unmooring or taking away boat, 112, 426
Pulling down or defacing mile-posts or index-boards,
Maliciously injuring cattle, crop, &c.,

366

113

Disfiguring horses, &c.,

ib.

MALICIOUS PROSECUTIONS-See "Costs in Criminal Cases."

MANDAMUS.

Writs of, may be issued by judges of the supreme court,
MANSLAUGHTER.

How punished,

Of slave, punished as though he were a free white person,
Of free white person, by slave, how punished,

Of person of color by person of color,

MAN-STEALING.

237

109

391

114

ib.

102

Stealing or selling a free person for a slave,

MARINERS-See "Seamen."

MARKETS, public.

Sales at, excepted out of the laws against hawkers and pedlers,
MARKS AND BRANDS.

Slaves or Indians not to be sent to mark or brand cattle, and the
penalty therefor,

ib.

Penalty for marking or branding unmarked or unbranded cattle,
or altering or defacing the marks or brands,

108

How to proceed in marking and branding, when the right of
property is doubtful,

MARRIAGE.

Agreements in consideration of marriage, shall be in writing,
Who may solemnize the rites of marriage,

ib.

206-7

305

Ministers must exhibit their credentials, and obtain testimonials
from the county court,

Clerks of the county court shall keep a book for recording mi-
nisters' testimonials, marriage licenses, consent of parents and
guardians, and certificates of marriages,

ib.

Pastors of religious societies may celebrate rites of marriage
among their own members, according to their established cus-
toms,

ib.

Clerk of congregation shall make entry of marriage, and certify
to clerk of county court, who shall record the same,
Registers of marriage by clerk of religious society, or of county
court, shall be received in evidence,

ib.

ib.

Quakers, Menonists, &c. may marry according to their own forms,

ib.

MARRIAGE-Continued.

Marriage licenses, by whom and under what restrictions grant-
ed,

Consent of parent or guardian to be given personally, or by
proved certificate, when the male is under twenty-one, or fe-
male under eighteen years of age,

Penalty of five hundred dollars on clerk for issuing license un-
lawfully,
Penalty of one thousand dollars on minister, &c. for marrying
without license,
Persons solemnizing marriage shall transmit certificate to clerk
of county court,

Clerk shall record certificate within six months,
Penalty of fifty dollars for not returning certificate,
Degrees within which persons may not marry,

305-6

ib.

306

ib.

ib.

ib.

ib.

ib.

Persons marrying within the prohibited degrees, may be indict-
ed and marriage annulled, but issue before separation, not
bastardized,

Marriages celebrated in counties not organized before Novem-
ber 19, 1818, legalized,

All penalties in such cases remitted,

All marriages solemnized by a licensed minister, legalized,

MASONIC INSTITUTIONS.

Grand lodge of Alabama, incorporated,

ib.

ib.

ib.

ib.

307

Each subordinate lodge authorized to raise 3000 dollars by lot-

Master-builders and mechanics to have a lien on buildings, &c.,
until paid,

Lien, how secured,

To have a lien on vessels for work done,

Dismembering slave punished as though he were a free white
person,

391

County surveyor shall measure by the English perch or pole,

403

May enforce lien by process, in the nature of a libel,
Proceedings in such case,

308

ib.

390

ib.

ib.

MEDICAL BOARDS See "Physicians,"

MERCHANTS.

May retail liquors by the quart, without a license provided, &c.
Shall not open store, or sell goods on Sunday,

405

439

Duty of nonresident merchants, importing goods,

420

Duty of the owner or consignee of vessels, arriving with goods
at the port of Mobile,

317

308

313

ib.

MILITIA-Continued.

ADJUTANT-GENERAL.

Shall be elected for four years by the general assembly,

Governor may fill vacancies,

Shall be adjutant and inspector-general, with the rank of briga-

And equipments, free from distress or other legal process,
Persons conscientiously scrupulous not compelled to bear arms,

ARSENAL.

Governor to protect,

To direct inspection of,

ARRESTS.

Brigadier-general may be arrested by major-general for neglect
of duty,

Persons attending or going to or from musters, privileged from

Brigadier-general may arrest any officer in his brigade for neglect
of duty,

314

ib.

316-317

To be two to each regiment, one commanded by a lieutenant-
colonel, the other by a major,

Shall consist of not less than two nor more than six companies,
Numerical order how altered by vacancy in the office of lieuten-

Boundary lines of, not to be altered except by a regimental court-

martial,

319

MILITIA-Continued.

BRIGADES.

State divided into fifteen brigadeshow numbered,
Each to be commanded by a brigadier-general,

309

ib.

318

309

310

312

314

ib.

ib.

BY-LAWS.

Of volunteer companies to be binding, if not repugnant to the
laws of the state,

BY-STANDERS.

Enrolled and appearing at muster, may be ordered into ranks,
Disturbing muster, &c. may be confined for the day, .

CANDIDATES.

Officer becoming a candidate for a higher office, and failing, not
to vacate office thereby,

To hold two company musters annually, and no more,
Shall cause to be read to their companies twice a year, the act
against fire-hunting,

322

320

ib.

310

310

ib.

316, 323

202

Their duty in holding elections for justices of the peace and
constables,

Certificate of colonel-commandant shall enable battalion and pla-
toon officers to act,

311

Person apprehending deserter, entitled to certificate,

Superintendent of elections shall furnish company officers with
certificate of their election,

CIVIL PROCESS.

Militia exempt from, while on duty, and going and returning, 316–317

COLONELS.

To be one to each regiment,

310

By whom elected,

ib.

When vacant, brigadier-general shall order an election,

When in service of United States, the general assembly shall
fix his rank,

312

ib.

May appoint four aids-de-camp,

ib.

Shall fix the time of holding elections for major and brigadier-

general,

311

His duty when election of major or brigadier-general is con-

MILITIA, COMMANDER-IN-CHIEF-Continued.

Of pay-master,

Not allowed to members of court-martial,

May call out the militia, when, &c.

Shall commission officers,

COMMISSIONS.

Shall be issued by the governor, whenever returns are made to

the secretary of state,

To be held during good behavior, except, &c.

Battalion and platoon officers may act under certificate of colo-
nel-commandant,

COMPANIES.

To consist of not less than forty privates-how officered,
To muster twice a year,

Boundaries changed by regimental court-martial,

Of judge-advocate,

COMPANY MUSTERS.

To be two annually and no more,

Duty of officers at,

COMPANY COURTS-MARTIAL.

How held and appealed from,

CONGRESS.

May erect military posts,

312

May remove public arms and military stores when in danger,
and provide guards for arsenal,

313

May inspect arsenal, and remove keepers for neglect or incapa-
city,

ib.

309

311

ib.

310

311

310

316, 323

319

315

ib.

316

ib.

318

ib.

316,323

316

318

Appointed by the captain or commanding officer of the com-

pany,

316

COURTS-MARTIAL.

For trying contested election of major or brigadier-general, shall
be ordered by the governor,

312

Number of court and grade of presiding officer,
For trial of major-general, to be ordered by the governor,
For trial of brigadier-general, to be ordered by major-general,
For trial of colonel, lieutenant-colonel, or major, by brigadier-
general,

ib.

317

ib.

ib.

For trial of officers, on charges preferred, how detailed and
number,

ib.

Members to be sworn,

ib.

Officer ordering court martial, may approve or disapprove deci-
sion,

ib.

Brigade or general court-martial, to consist of a majority of the
officers of the brigade,

318

Regimental and battalion courts-martial for trial of defaulters,