ACTS OF ALABAMA.

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AN ACT

Supplementary to an act to establish a State University.

SEC. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That His Excellency the Governor, ex officio, together with twelve trustees, two of whom shall be elected from each judicial circuit by joint ballot of both Houses of the General Assembly, and who shall continue in office for the term of three years shall constitute a body politic and corporate, in deed and in law, by the name of The Trustees of the University of Alabama, and by that name they and their successors shall and may have perpetual succession, and be able and capable in law, to have, receive, and enjoy to them and their successors, lands, tenements, and hereditaments, of any kind or value, in fee or for life, or for years, and personal property of any kind whatsoever, and also all sums of money of any amount whatsoever which may be granted or bequeathed to them for the purpose of promoting the interests of the said University.

SEC. 2 And be it further enacted, that there shall be a stated meeting of the said trustees in each year, at the time of conferring degrees; and that the President of the said University, and four of the said trustees shall have full power to call an occasional meeting of the board, whenever it shall appear to them necessary, and that at all meetings the President of the board of trustees aforesaid, and a quorum of the trustees, shall be capable of doing and transacting all the business and concerns of the said University, except what is hereinafter excepted; that they shall have the power of electing all the necessary and customary officers of the said institution, of fixing their several salaries, of removing any of them for neglect or misconduct in office, a majority of the whole number of trustees concurring in said removal; that they shall have the power of prescribing the course of studies to be pursued by the students, and of framing and enacting all such ordinances and bylaws as shall appear to them necessary, for the good government of the said University, and of their own proceedings: Provided, the same be not repugnant to the laws of the United States, and of this State.

SEC. 3. And be it further enacted, that the head of the said University shall be styled The President, and the in-


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structors thereof, The Professors; but professors while they remain such shall never be capable of holding the office of trustee: And the President and Professors on a majority of them shall be styled The Faculty of the University, which faculty shall have power of enforcing the ordinances and by-laws adopted by the trustees for the government of the pupils by rewarding or censuring them, and finally by suspending such of them as after repeated admonitions shall continue disobedient or refractory, until a determination of a quorum of trustees can be had; but it shall be only in the power of a quorum of trustees at their stated meetings, to expel any student or students of the said University.

SEC. 4. And be it further enacted, that the trustees of the said University, shall and may have a common seal for the business of themselves and their successors, with liberty to change or alter the same from time to time, as they shall think proper; and that by their aforesaid name, they and their successors shall and may be able to sue and be sued, plead and be impleaded, answer and be answered, defend and be defended, in all courts of law and equity within this state; and to grant, bargain, sell or assign, any lands, tenements, goods or chattels, in such manner as is hereinafter specified; and to act and to do all things whatsoever for the benefit of the said institution, in as ample a manner as any person, or body politic or corporate, can or may do by law.

SEC. 5. And be it further enacted, that no misnomer of the University of Alabama, shall defeat or annul any gift, grant, devise or bequest, to the same; provided, the true intent of the parties shall sufficiently appear upon the face of the gifts, grants, will, or other writing, whereby any estate or interest was intended to pass to the said University; nor shall any misuser, or nonuser of the rights, liberties, privileges, jurisdiction, and authorities hereby granted to the said University, create or cause a forfeiture thereof.

SEC. 6. And be it further enacted, That the trustees or so many as shall be fixed on by their by-laws, as aforesaid, shall have full power by the Principal or Professors of the said University, to grant or confer such degree or degrees in the arts or sciences to any of the students of the said University, or persons by them thought worthy, as are usually granted and conferred in other Universities in the United States, and to give diplomas or certificates thereof signed by them and sealed with the common seal of the trustees of the University, to authenticate and perpetuate the memory of such graduation.


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SEC. 7. And be it further enacted, That no person shall be excluded from any liberty, liberties, community, office, or situation in said University, on account of his religious persuasions, Provided, he demean himself in a sober, peaceable and orderly manner, and conform to the rules and regulations thereof.

SEC. 8. And be it further enacted, That His Excellency the Governor, shall be, ex officio, the President of the Board of Trustees: Provided however, That in case he should not attend the meetings of the said trustees, the trustees shall elect a President pro tempore, who shall preside at such meeting.

SEC. 9. And be it further enacted, That the trustees shall elect a treasurer, who shall continue in office for the term of three years, and who shall give bond in such penalty, and with such security conditioned for the faithful performance of his duty, as the said trustees shall direct: Provided however, That the said treasurer shall receive, as compensation, five hundred dollars annually, for his services.

SEC. 10. And be it further enacted, That the said trustees shall have power, and it is hereby declared to be their duty upon a notice from the President of the Board, to examine and report to the Legislature, at their next session, such place or places, having a due regard to health and the fertility of the surrounding country, as shall appear to them most suitable for the location of the University; and the Legislature shall, at the session when such report shall be made, proceed by joint ballot of both houses of the General Assembly to make a choice of the site for the University, which choice when so made, shall not be subject to any alteration thereafter.

SEC. 11. And be it further enacted, That the site thus selected by the Legislature, shall be exempted from the sale, Provided, The same shall have been granted to this State by an act of the Congress of the United States for a seminary of learning; and if the same shall not have been granted to this State as aforesaid, the trustees shall have full power to purchase the site thus selected.

SEC. 12. And be it further enacted, That the trustees shall have the entire control over the site thus selected for the University, and may lay off and sell such lot or lots to such persons, and upon such conditions as they may think proper.

SEC. 13. And be it further enacted, That the trustees shall, so soon as the said selection shall have been make, as aforesaid, contract with a suitable person or persons for the erection of such buildings as they may deem necessary, for the purpose of carrying this act into complete effects.


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SEC. 14. And be it further enacted, That all the lands which this State has received as a donation from the Congress of the United States for a seminary of learning, shall be vested in the said trustees, who shall dispose of the said land in such manner as shall be best calculated to promote the object of said grant, Provided however, That the minimum price on said land shall not be less than seventeen dollars per acre; And provided further, That on fourth part of the purchase money shall be paid at the time of sale, and the remainder divided into four annual instalments.

SEC. 15. And be it further enacted, That the said trustees of the University of Alabama, upon receiving from any purchaser of any tract or parcel of land, which they are authorized to sell as aforesaid, the one fourth part of the purchase money, so required to be paid as aforesaid, shall issue to such purchaser a certificate, that the purchase of such tract of land has been made by such purchaser, that he has paid the fourth part of the purchase money, and declaring that upon the punctual payment of each and every one of the remaining instalments (the amount of each of which instalments shall be specified in such certificate,) they will convey such tract of land to such purchaser, or his heirs, executors, administrators, or assigns; and should such purchaser assign such certificate, the assignee shall possess all the rights which may have been vested in his assignor.

SEC. 16. And be it further enacted, That should any person who may purchase any tract of land from the said trustees as aforesaid, or the assignee of such purchaser, fail to make punctual payment of the amount of any one of the instalments which may become due on said tract of land, the land shall be absolutely forfeited to the said trustees, with the money paid thereon; and the said trustees may, and they are hereby authorised, after the expiration of three months from the time of such forfeiture, to dispossess any person or persons who may be in possession of such tract of land by the writ of unlawful detainer: Provided, That such purchaser or his assignee may at any time within three months after the time at which the first instalment may fall due, which such purchaser or his assignee may fail to pay as aforesaid, execute a bond or bonds with good and sufficient personal security, for the payment of each of the instalments which may remain unpaid, by the times they shall respectively become due: and in such case, the land shall remain in the possession of such purchaser, his or her assignment: And provided also, That should the said trustees be unable to collect the monies which may become due on the bond or bonds which may be given in the manner herein before required, by reason of the insolvency of the obligora, or


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for other cause, then said trustees may direct an execution which may be sued out on any judgment which they may recover on any such bond, to be levied on such land which shall be sold by virtue of such execution; and said trustees shall convey such land to the purchaser at such sale, and the proceeds of such sale shall be applied in the first place to the payment of the whole amount which may be due to the said trustees for the said land, either by virtue of the judgment on which such execution may be sued out, or of any lands which they may hold for other instalments, and the remainder over to such proceeds, after paying costs, &c. shall be paid over to such purchaser or his assignee, who may be entitled to receive the same.

SEC. 17. And be it further enacted, That the said trustees shall have the power to appoint one, two, or three persons not of their own body, either of whom may make sale as the trustees direct, whose duty it shall be to attend to the examination and sales of all the lands, and to receive the money arising from the first payment, and to dispose of the same as the trustees may order and direct according to law: Provided, The said persons so appointed shall give bond and good security, to be approved of by the said trustees for the faithful performance of their duty, and that they shall receive such compensation as may be allowed by the said trustees.

SEC. 18. And be it further enacted, That the trustees elected shall meet at the town of Tuskaloosa on the first Monday of April next, and shall proceed to make the appointments contemplated by this act: Provided, That a majority shall make the appointments; And provided also, That the anointments shall not be make until two o'clock on the Thursday of said week, unless all the trustees elected shall meet previous to that time, then and in that case the appointments may be made sooner.

SEC. 19. And be it further enacted, That every trustee elected or appointed by the provisions of this act shall, before entering on the duties assigned him as trustee, take and subscribe the following oath, before some Judge or Justice of the Peace, to wit: "I __________ do solemnly swear (or affirm,) that I will faithfully discharge the duties assigned me as trustee, to the best of my skill and ability, without partiality or affection-So help me God."

SEC. 20. And be it further enacted, That the proceeds arising from the sales of the said lands shall be paid over to the trustees, and shall be by them vested in such funds as they may direct: Provided, It shall be their duty to report annually to the Legislature, the financial situation of the said institution: And provided further, That the capital


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stock arising from the sale of the lands as aforesaid, shall not be reduced in any manner whatever.

Sec. 21. And be it further enacted, That the laws now in force relatively to the leasing of the said land, shall continue in force until the said land shall be sold: Provided, That if they shall be sold previously to the first day of January, one thousand eight hundred and twenty-three, the leasee shall not be deprived of the benefit of remaining on the same until that time, and of receiving the growing crop.

Sec. 22. And be it further enacted, That the said trustees shall have the power, and it is hereby declared to be their duty to select a city for a female institution; which institution shall be considered as a branch of the University of the State of Alabama, and shall be governed by the same laws, so far as the same may be applicable.

Sec. 23. And be it further enacted, That the said trustees shall have the power to contract for the necessary buildings, and to do every other act necessary to carry this act into complete effect.

Sec. 24. And be it further enacted, That this act shall be deemed a public act, and judicially taken notice of without special pleading, and the same shall be liberally construed, for fully carrying into effect the beneficial purposes hereby included.

(Approved, December 18th, 1821.)

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AN ACT

To form a sixth Judicial Circuit, and or other purposes therein mentioned.

SEC. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That this State be, and is hereby divided into six Judicial Circuits, to be arranged as follows:

The first judicial circuit shall be composed of the counties of Monroe, Clarke, Washington, Mobile, Baldwin, and Marengo. The counties of Dallas, Wilcox, Perry, Bibb and Autauga, shall compose the second judicial circuit. The counties of St. Clair, Shelby, Jefferson, Tuskaloosa, Greene and Blount, shall compose the third judicial circuit. The counties of Pickens, Limestone, Lauderdale, Lawrence, Franklin and Marion, shall compose the fourth judicial circuit. The counties of Jackson, Decatur, Madison and Morgan, shall compose the fifth judicial circuit. The counties of Covington, Henry, Pike, Montgomery, Conecuh and Butler, shall compose the sixth judicial circuit.

Sec. 2. And be it further enacted, That the circuit courts of the first judicial circuit shall hereafter be held at the times following, in each and every year, to wit:- In the county of Monroe on the first Mondays in April and October, to continue in session two weeks. In the county of


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Clarke on the third Mondays in April and October. In the county of Marengo on the fourth Mondays in April and October,- in the county of Washington on the first Mondays after the fourth Mondays in April and October, to continue in session two weeks. In the county of Mobile on the third Mondays after the fourth Mondays in April and October. In the county of Baldwin on the fourth Mondays after the fourth Mondays in April and October. That the circuit courts of the second judicial circuit shall be held at the times following, in each and every year, to wit: in the county of Dallas on the third Mondays in March and September, to continue in session two weeks. In the county of Wilcox on the first Mondays after the fourth Mondays in March and September. In the county of Perry on the second Mondays after the fourth Mondays in March and September. In the county of Bibb on the third Mondays after the fourth Mondays in March and September. In the county of Autauga on the fourth Mondays after the fourth Mondays in March and September. That the circuit courts of the third judicial circuit, shall be held at the times following, in each and every year, to wit: In the county of Greene, on the first Mondays in March and September. In the county of Tuskaloosa on the second Mondays in March and September, to continue two weeks. In the county of Jefferson on the fourth Mondays in March and September. In the county of Blount on the first Mondays after the fourth Mondays in March and September In the county of St. Clair on the second Mondays after the fourth Mondays in March and September. In the county of Shelby on the third Mondays after the fourth Mondays in March and September. That the circuit courts of the fourth judicial circuit shall be held at the times following, in each and every year, to wit: In the county of Limestone on the first Mondays in March and September, and to continue in session two weeks. In the county of Lawrence on the third Mondays in March and September, and to continue in session two weeks. In the county of Lauderdale the first Mondays after the fourth Mondays in March and September, to continue in session two weeks. In the county of Franklin on the third Mondays after the fourth Mondays in March and September, to continue in session two weeks. In the county of Marion on the fifth Mondays after the fourth Mondays in March and September. In the county of Pickens on the sixth Mondays after the fourth Mondays in March and September. That the circuit courts of the fifth judicial circuit shall be held at the times following in each and every year. to wit: in the county of Jackson on the second Mondays in April and October, and continue


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one week. In the county of Decatur on the third Mondays in April and October, and continue one week. In the county of Morgan on the fourth Mondays in April and October, and continue one week; and in the county of Madison on the fist Mondays after the fourth Mondays in on the first Mondays after the fourth Mondays in April and October, and continue four weeks. That the circuit courts of the sixth judicial circuit shall be held at the times following, in each and every year, to wit: in the county of Butler on the first Mondays in March and September. In the county of Conecuh on the second Mondays in March and September. In the county of Covington on the third Mondays in March and September. In the county of Henry on the fourth Mondays in March and September. In the county of Pike on the first Mondays after the fourth Mondays in March and September. In the county of Montgomery on the second Mondays after the fourth Mondays in March and September, and to continue in session two weeks.

Sec. 3. And be it further enacted, That a circuit Judge, for the sixth judicial circuit, shall be elected or appointed, and qualified in manner and form as prescribed by the constitution; and that as a Judge of the Circuit and Supreme Courts of the State, he shall receive the same salary, hold his office by the same tenure, and have, exercise and enjoy the same powers, rights and privileges, and perform the same duties as appertain to the other Judges of the Circuit and Supreme Courts.

Sec. 4. And be it further enacted, That all process now, or hereafter made returnable to any of the Circuit Courts of this State at the first term thereof by the existing laws, shall be returnable to the first term of said courts as changed by this act, and shall be proceeded on as though made returnable thereto.

Sec. 5. And be it further enacted, That a solicitor for the sixth judicial circuit be elected or appointed in manner and form as prescribed by law and the constitution, and that he receive the same fees and salary, and exercise the same powers, rights and privileges, and perform the same duties as appertain and belong to the other solicitors of the State.

Sec. 6. And be it further enacted, That it shall be the duty of the clerk of the Circuit Court of Madison county, to draw the names of twenty persons for jurors in addition to the number, and in the same manner now required by law, and he shall issue a venire facias to the sheriff of said county, requiring him to summon the persons whose names shall be so drawn, to attend on the third Monday of the next term of said court, and until the end of the term, who shall be entitled to the same compensation now allowed to ju-


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rors, and who shall serve as petit jurors from the time at which they are so summoned to appear, until the end of the term. And it shall be the duty of the presiding Judge to discharge those jurors who may be summoned to appear on the first day of the term, except such as may be drawn as Grand Jurors, on the second Saturday of the term.

Sec. 7. And be it further enacted, That if at any time it shall happen, that from the period allotted to the several Circuit Courts of this State, to hold their respective terms, any of the said courts should be unable to get through all the business before their said courts respectively, then and in that case, it shall and may be lawful for the presiding Judge to hold an intermediate term for the completion of all unfinished business, to which term a jury shall be summoned to attend as well as witnesses whose testimony may be desired before such court. [Approved, Dec. 13, 1821.]

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AN ACT

For the Relief of Purchaser at the first sale of Lots in the Town of Cahawba.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That in all cases where lots in the town of Cahawba have been purchased from the State, prior to the first day of January, eighteen hundred and twenty, it shall be lawful for any such purchaser or other person or per-sons, being the legal holder of any certificate or certificates of lots, on or before the twentieth day of May, eighteen hundred and twenty-two, to file with the Secretary of State a relinquishment in writing, of any lot upon which the whole purchase money has not been paid; and all sums paid on the lots relinquished, shall be applied to the payment of any instalments, which may be, or shall hereafter become due and payable upon any lots purchased, prior to the first day of January one thousand eight hundred and twenty, as shall not have been relinquished, and shall be so applied and credited as to complete the payment on some one or more lots, where the payments by transfer are sufficient for that purpose: Provided, that the right of relinquishment hereby given shall in no case authorize the party relinquishing, to claim any re-payment from the State.

Sec. 2. And be it further enacted, That the interest which shall have accrued before the twentieth day of May, one thousand eight hundred and twenty-two, upon any debt to the State, for any lots purchased prior to the first of January one thousand eight hundred and twenty, shall be, and the same is hereby, remitted and discharged.

Sec.3 And be it further enacted, That all debts due form the purchasers or legal holders of lots in the town of Ca-


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hawba, shall be paid in four equal instalments, without interest: The first instalment to become due on the first day of December, one thousand eight hundred and twenty-two; and the debtors aforesaid shall be entitled to a discount of twenty-five per cent. on each instalment if punctually paid: Provided, that if any of the instalments aforesaid should not be paid at the time when the same become due and payable, then and in that case, the original terms of sale shall be renewed, and the lot or lots, on which such failure of payment shall happen, shall be thereby forfeited; and all sums heretofore paid on said lot or lots, shall accrue to, and enure to the use of the State.

Sec. 4. And be it further enacted, That in all cases where complete payment of the sum due or which may become due for any lot or lots, purchased from the State as aforesaid, shall be make on or before the first day of December, one thousand eight hundred and twenty-two, a deduction at the rate of thirty seven and a half per centum, shall be allowed upon the sum remaining unpaid; and if complete payment shall be make on or before the twentieth day of May, one thousand eight hundred and twenty-two, a deduction at the rate of fifty per cent. shall be allowed upon the sum remaining unpaid: Provided, that nothing herein contained shall authorize any discount upon payments made by a transfer of former payments under the provisions of the first section of this act.

Sec. 5. And be it further enacted, That if any individual or company, that has laid off into any subdivision and sold any lots or parts of lots that he or they may have purchased, or been the legal proprietor of, shall fail or refuse to allow to such sub-purchaser, all the terms and benefits granted by this act to the original purchaser of said lot or lots, then such original purchaser or proprietor shall be debarred from having or claiming any right or benefit under this act.

Sec. 6. And be it further enacted, That no person shall be deemed to be included within, or entitled to, the benefit of the provisions of this act, who shall not on or before the twentieth day of May, one thousand eight hundred and twenty-two, sign and file in the office of the Secretary of State, a declaration in writing, expressing his consent to the same, and shall pay to the Secretary for receiving and recording and filing the same, one dollar.

Sec. 7. And be it further enacted, That no person or persons who shall remove any building or buildings, off any lot or lots intended to be forfeited, shall be benefited by any of the provisions of this act.

(Approved, November, 23, 1821.)


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AN ACT

To repeal in part, and amend an act, entitled an act, to constitute a court of Oyer and Terminer for the trial of Slaves, and for other purposes.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That so much of the aforesaid act, as makes it the duty of the clerk of the superior court of the county in which such court may sit, to attend said court and make a record of its proceedings, and issue all necessary subpoenas, for such slave, as well as for the State, and to compel the attendance of witnesses, and shall charge the usual fees, to be paid by the State, be and the dame is hereby repealed.

Sec. 2. And be it further enacted, That hereafter it shall be the duty of the clerk of the county court of the county in which such court may sit, to attend it and make a record of its proceedings, and issue all necessary subpoenas for such slave, as well as for the State, to compel the attendance of witnesses, and shall charge the usual fees, to be paid by the county.

Sec. 3. And be it further enacted, That so much of an act, passed at Cahawba on the fourteenth day of June last, to repeal in part and amend an act, entitled an act, to regulate the proceedings in the courts of law and equity in this State, as makes it the duty of the Judge of the county court to appoint certain days, not less than one in every period of two weeks, for the return of process, be and the same is hereby repealed.

Sec. 4. And be it further enacted, That hereafter it shall be the duty of the Judge to appoint not less than one day in every period of each month for the return process, as heretofore.

Sec. 5. And be it further enacted, That when any vacancy happens by resignation or otherwise in any office, the appointment of which is vested in the county court, it shall be lawful for the Judge of said court, and the commissioners of roads and revenue to make the appointment between the terms of court; and the appointment shall be as valid as if made at the regular term.

Sec. 6. And be it further enacted, That in all appeals taken from a Justice of the Peace when it shall be made to appear to the court, that the appeal was taken merely for delay, the court shall award fifteen per cent. damages: Provided nevertheless, that this act shall not apply to cases in which appeals shall have been granted previous to the passage of this act.

Sec. 7. And be it further enacted, That this act shall be in force from and after the first day of March next. (Approved, December 13, 1821.)


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AN ACT

Prescribing the mode by which a Jury shall be drawn for the first Circuit court for Pickens county.

Whereas, it has been represented to this General Assembly, that for the want of organization in the county of Pickens, there has been no Jury as yet drawn, by which a Circuit Court could be holden: Therefore,

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That it shall be the duty of the Sheriff of the said county, to ascertain by the best possible means, the names of resident citizens therein, a list of whom he shall return to the office of the clerk of his Circuit Court: And from his list they shall proceed to draw a Jury, pursuant to the existing laws, under the superintendence of the Judge of the county court, or some Justice of the Peace for the said county. And the persons so drawn and duly summoned shall be a lawful Jury for the first term of the said court, and in every respect be subject to the same rules and regulations as are otherwise provided. (Approved, December 15, 1821.)

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AN ACT

Permanently to fix the seat of Justice for the counties of Tuskaloosa and Perry.

SEC. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That an election shall be held in the county aforesaid, on the first Monday of February next, at the places by law appointed for holding the general elections therein for the purpose of electing five commissioners; which election shall, by the proper officer, be conducted strictly pursuant to the election laws now in force in this State.

Sec. 2. And be it further enacted, That the said commissioners, or a majority of them shall have full power to fix on the site for the public buildings in said county, to contract for the site aforesaid, and for erecting the necessary buildings, and in discharge of these duties, they shall be governed by justice, and the interest of the county so as to render taxation on the county aforesaid unnecessary, or light as possible. They shall have power to receive a good and sufficient title in fee simple, for the site thus selected in behalf of the county, and to make contracts for the buildings aforesaid, and make report thereof to the clerk's office of the County Court of Tuskaloosa, to be there recorded : and the site thus selected shall be the place of the permanent seat of Justice for the county aforesaid.

Sec. 3. And be it further enacted, That the commissioners aforesaid shall give notice in the "American Mirror"


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of the time and place of their meeting to carry into effect the provisions of this Act, at least thirty days before such meeting, at which time they shall take and subscribe the following oath: "I _______ do solemnly swear (or affirm as the case may be,) that I will select, and finally fix on the site for the public buildings for the county of Tuskaloosa, pursuant to the provisions of this act, according to my best judgment, without favour, fear, or partiality, or any other consideration whatsoever, other than the common good, and equal rights and interests of the said county generally.---So help me God."

Sec. 4. And be it further enacted, That until such permanent seat of Justice shall by the commissioners be declared to be in readiness for the accommodation of the courts to be held in Tuskaloosa, the courts of the county aforesaid shall have power, and are hereby authorised, to procure some place for the temporary seat of Justice in the town of Tuskaloosa, so as to comport with the best interest of the county aforesaid.

Sec. 5. And be it further enacted, That in discharge of the duties herein assigned, the commissioners shall receive such compensation as may be deemed equitable and right by the County Court of the said county.

Sec. 6. And be it further enacted, That there shall be elected seven commissioners in the county of Perry on the first Monday of February next, by the qualified electors of said county, whose duty it shall be, and who are hereby authorised and required to meet at the seat of Justice on the first Monday of March after said election, and fix the permanent seat of Justice for said county.

Sec. 7. And be it further enacted, That a majority of said commissioners, who do meet on the day appointed, shall have power to fix on said site; but if the said commissioners who do meet be equally divided, then the Judge of the County Court shall have the power to fix the seat of Justice.

Sec. 8. And be it further enacted, That the sheriff of said county shall give the same notice, and be required to hold the said election pursuant to the first section of this act.

Sec. 9. And be it further enacted, That the commissioners elected for the county of Perry before they act shall take the same oath as is required to be taken by the commissioners of the county of Tuskaloosa.

Sec. 10. And be it further enacted, That the commissioners shall receive the same compensation as is provided by the fifth section of this act.

Sec. 11. And be it further enacted, That this act shall commence and be in force from and after the passage thereof.

[Approved, Nov. 27, 1821.]