AN ACT

To repeal in part and amend the forty-third section of an act to organize the militia of this State, passed 20th December, 1820.

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 forty third section of an act to organize the militia of this State, passed at Cahawba December twentieth, one thousand eight hundred and twenty, as requires writs of election for company officers to issue to the Sheriff be, and the same is hereby, repealed, and in the future, all elections for company officers, the officer


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whose duty if shall be to order the same, shall appoint the place for holding said election within the company district at the muster ground, where such vacancy may be, giving at least fifteen days notice thereof, and appoint a superintendent of the same who shall make a correct return of the poll of said election to the commanding officer of the regiment; a statement of which to be by him transmitted to the executive office.

Sec. 2. And be it further enacted, That in all election returns hereafter to be make to the Secretary's office for the purpose of obtaining commissions, the return shall set forth the cause of vacancy, whether by death, resignation, or removal, or whether it be for the purpose of officering a new raised corps.

[Approved, December 18, 1821.]

__________________

AN ACT

To establish a road therein named.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That Johnson McKinney, Jacob Sutton, James Harney, John Beetcham, and William Warren, be, and they are hereby, appointed commissioners to view and mark out a road, leading from Sutton's Gap, near Moulton, to intersect Byler's road at or near the sixty-six mile-tree from Tennessee river, and that they with their associates are authorized, to open said road by voluntary subscription.

Sec. 2. And be it further enacted, That when the above road shall be opened, it shall be the duty of the above commissioners, to report their proceedings to the county courts of Lawrence and Marion counties; and that the above road shall afterwards be considered a public highway, and that any person who shall fence up, fell trees, or otherwise obstruct the same, shall be subject to all fines, forfeitures, and penalties, as are made and provided for by the laws of this State.

[Approved, Nov. 27, 1821.]

________________

AN ACT

To appoint Commissioners to lay out certain roads therein specified, and for other purposes.

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That Amos Rawlins, Thompson Coker, Thomas Roland, Jack Shackleford, and George Philips, or a majority of them, he, and they are hereby appointed commissioners, to view, and mark out a way for a road, to commence at some point on Tennessee river in Morgan county where they may best judge, to run from thence on the best nearest and most direct route on the eastside of Cahawba river the


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nature of the country will admit of, to the town of Cahawba.

Sec. 2. And be it further enacted, That David McCord, Jesse Beene, Alexander Travis, and Joseph Pickens, or a majority of them, he, and they are hereby, appointed commissioners, to view and mark out a way for a road, to commence at the town of Cahawba, to run from thence on the best, nearest, and most direct route, the nature of the country will admit of, to the town of Pensacola.

Sec. 3. And be it further enacted, That James Magoffin, Samuel Dale, Josiah Thompson, and Jesse Thompson, or a majority of them, he, and they are hereby, appointed commissioners, to view and mark out a way for a road, to commence at the town of Tuskaloosa, to run from thence on the best, nearest, and most direct route, the nature of the country will admit of by the town of Claiborne, to the towns of Pensacola and Blakeley.

Sec. 4. And be it further enacted, That Samuel Dale, James Magoffin, Garland Hardwick and Benjamin Coleman, or a majority of them, be, and they are hereby, appointed commence at the most convenient point they may judge fit, on the way that shall be marked by the commissioners appointed under the third section of this act, between the towns of Tuskaloosa and Claiborne, running from said road, the best, nearest and most direct route, the nature of the country will admit of, to the town of Mobile.

Sec. 5. And be it further enacted, That before the said commissioners enter on the duties herein assigned them, they shall take and subscribe to the following oath, to wit: "I ____________will truly and faithfully, to the best of my judgment and knowledge, view, mark out and report, the best and most direct way for a road to lead from ________ to ___________, in conformity to the Act, under which I am commissioned----So help me God." Which certificate of oath shall be transmitted by the Judge or Justice of the Peace, administering the same, to the Clerk of the Superior Court of said county for safe keeping.- And it shall be the duty of said commissioners, after completing the said view, to make out a report of the same, together with such observations respecting the hills, water courses, and other obstructions, on the route they shall have marked off, together with their opinion as to the expense attending on, and the best mode of clearing and opening said road; which report they shall transmit to the Governor for his approval, and to act on as hereinafter requested.

Sec. 6. And be it further enacted, That if any vacancy shall take place by decease or refusal to act by those herein appointed such vacancy shall be filled by the Governor.


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Sec. 7. And be it further enacted, That when the commissioners, in marking off the way, run on a road now used, they shall report the same, as far as such road runs on the route they may determine to mark off, describing the situation of such road, and if on a turnpike, to report the distance it will go on said turnpike, together with the rates of tollage collected on that part.

Sec. 8. And be it further enacted, That the commissioners shall receive as compensation for their services, on making such view and report, two dollars per day.

Sec. 9. And be it further enacted, That as soon as the report is make by the commissioners, and received and approved of by the Governor, he shall transmit an account of the same to the Judges of the County Courts of the counties through which said road shall pass. And it shall be the duty of said Judges as soon after as possible to lay off said road into precincts, and appoint apportioners to apportion hands to open and clear out said road; and all persons living in five miles of the same, liable, bylaw, to work on roads, shall be apportioned to work on said road.

[Approved, Dec. 17, 1821.]

_________________

AN ACT

To repeal in part and amend an Act entitled "An Act 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," passed the fourteenth day of June last.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the first Mondays in February, May, August, and December, in every year, the Judges of the several County Courts in this State, together with the commissioners of revenue and roads, of their respective counties, or with any tow of them, shall hold a court for the purposes as prescribed in the twenty eighth section of the Act, to which this Act is intended as an amendment, and the said Judge and commissioners shall continue in session, until the business is completed: Provided nevertheless, If said commissioners shall fail to attend on, or before the third day of said term, the Judge of said County shall proceed to levy the tax and appoint the officers required by law.

Sec. 2. And be it further enacted, That the twenty-ninth section of the Act, to which this is intended as an amendment, be, and the same is hereby repealed.

Sec. 3. And be it further enacted, That the Judges of the County Courts, together with the commissioners aforesaid, or a majority of them, shall have control over the funds in the county treasury, and they or a majority of them shall have power to make appropriations for defraying expenses incurred for county purposes: Provide, nothing herein


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contained shall be so construed, as to authorise to said courts to do any other than county business at the several terms provided to be holden by this act.

Sec. 4. And be it further enacted, That the County Court of Mobile county shall have and exercise original jurisdiction in all cases of assault and battery, affrays, breaches of the peace, and of petit and grand larceny, reserving however, to the accused or defendant, in all cases, the right of appeal to the Circuit Court of Mobile county; and in case of the conviction of the person accused before the County Court of Mobile county, should an appeal be granted by the said County Court, or should the Judge of the said County Court, in any case coming within the provisions of this section, doubt as to the rule of legal decision on any point, which may be presented during the investigation of any such case, the sentence of the said court shall be respected, until the decision of the said Circuit Court be had, touching such appeal, or touching the points upon which the Judge of the said County Court may doubt; which Circuit Court at its first term thereafter, shall determine the same, and such decision shall, in all cases, be final and conclusive between the State and the accused.

Sec. 5. And be it further enacted, That until such appeal, or until the points reserved by the said County Court be determined the person accused or convicted may be discharged from imprisonment: Provided, That such person shall first enter into bond with good and sufficient security, payable to the State of Alabama, and conditioned for the personal appearance of such accused or convicted person at the time specified by the said court, or by the Judge of the said County Court in vacation, which time shall be particularly set forth in the said bond, and in case of the breach of the condition of any bond, taken in pursuance of the provisions of this act, such bond shall be prosecuted to judgment and execution, in the same manner that recognizance taken in favour of the State, are now prosecuted.

Sec. 6. And be it further enacted, That all juries to serve in the said County Court, on the trial of the offences enumerated in this act, may be drawn form persons residing within the corporate limits of the City of Mobile, and within ten miles thereof.

(Approved, Dec. 17, 1821.)

________________

AN ACT

To alter and amend the Militia Laws of this State.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That from and after the passage of this Act, the county of Wilcox shall compose one regiment to be


32

known and numbered as the thirty-sixth regiment of the Militia of the State of Alabama.

Sec. 2. And be it further enacted, That the Brigadier General of the seventh brigade of the Militia of this State, be, and he is hereby authorised and required, to hold or cause to be held, and election for a Colonel of said regiment, conformably to the Militia Laws now in force in this State, whose duty it shall be, so soon as he is commissioned, to proceed forthwith to organize, and officer said regiment.

Sec. 3. And be it further enacted, That the northern regiment in the county of Franklin, shall be known and numbered as the thirty-seventh regiment of the Militia of the State of Alabama, and the line between the fifth and sixth townships shall be dividing line between the northern and southern regiments in said county.

Sec. 4. And be it further enacted, That the nineteenth regiment of the Alabama Militia be, and the same is hereby divided; and the second battalion of said regiment shall constitute the thirty-eighth regiment of the said Militia; and the said regiment shall be organized in the manner heretofore pointed out by law.

Sec. 5. And be it further enacted, That the sixth regiment is divided, and the eastern battalion shall be the sixth regiment; and the western battalion shall be the thirtyninth regiment of the Militia of this State: and it shall be lawful for the officers of the sixth and thirty-ninth regiments to alter the line dividing said regiments.

Sec. 6. And be it further enacted, That the first battalion of the twenty-fourth regiment of this State, shall hereafter compose on regiment, which shall be known as the fortieth regiment of the Militia of this State.

Sec. 7. And be it further enacted, That it shall be the duty of the Brigadier General, of the seventh brigade of the Militia of this State, and he is hereby required, to hold or cause to be held, an election at the house of James Ashley, on the first Monday in March next, for a Colonel of said regiment, conformably to the Militia Laws now in force in this State, whose duty it shall be, so soon as he is commissioned, forthwith to organize, and officer, said regiment.

Sec. 8. And be it further enacted, That the Colonel of the twenty-fourth regiment, he, and he is hereby authorised and required to hold or cause to be held, an election to fill such vacancies as may happen by said division if any.

Sec. 9. And be it further enacted, That all laws and parts of laws, contrary to the provisions of this act, be, and the same are hereby repealed. (Approved, Dec. 6, 1821.)


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AN ACT

To alter and amend the several Acts now in force, organizing the Militia of this State.

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That Lieutenant Colonels and Majors shall, hereafter, be elected by their respective battalions, and shall reside within the limits of the same; and whenever the office of Lieutenant Colonel or major, shall become vacated there shall be a poll opened at the respective muster grounds of said Battalion, for the election of a Lieutenant Colonel or Major, as the case may be.

Sec. 2. And be it further enacted, That in all elections hereafter to be holden for Colonel commandants, the polls shall be opened at the several election precincts within the limits of the regiment in which said election shall take place.

Sec. 3. And be it further enacted, That no allowance shall be given to officers, for services rendered as members of any Courts Martial whatever.

Sec. 4. And be it further enacted, That the returns as now required by law from Assistant Adjutant Generals, of the strength and condition of the troops within their divisions, shall be made out and forwarded to the Adjutant General's office, on or before the third Mondays in November, in each and every year.

Sec. 5. And be it further enacted, That in all returns hereafter to be made to the Executive Office upon which commissions are to be issued, if to fill vacancies, the name of the person and cause of such vacancy shall be stated in said return; if an original appointment, the return shall so express it.

Sec. 6. And be it further enacted, That if any officer, whatever, shall absent himself from his command, at any one time, for a longer period than twelve months, unless furloughed by the commanding officer of the regiment, brigade, or division, as the case may be, his office shall be considered vacated and shall be filled as provided for by law in other cases of vacancies.

Sec. 7. And be it further enacted, That the Judge advocates hereafter appointed to General Courts Martial, shall be allowed the sum of five dollars per day, for each day they may be actually engaged in completing the records of the same, and the President's certificate shall be deemed a sufficient voucher to the Treasurer of the State, for the payment of the same.

Sec. 8. And be it further enacted, That Brigade Majors shall be allowed the sum of five dollars, for every thirty miles traveling, to and from their residence, in at ending the several regimental musters, as now provided for by law.


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Sec. 9. And be it further enacted, That when any General Court Martial shall hereafter be ordered, the President of said court, shall, on application of either of the parties interested, issue a summons for nay witness, which shall be served by the sheriff of the county where such witness may reside, and returned by said sheriff, as in civil cases: Provided, That the parties desiring such summons to be served, shall tender to the sheriff such fees as are allowed him for serving subpoenas in civil cases.

Sec. 10. And be it further enacted, That the thirty-fifth section of an Act passed at Cahawba, entitled "An Act to organize the militia of this State," be so construed, that hereafter it shall be the duty of the commandants of regiments or battalions, to detail and convene their respective Courts marital, within the twenty days as provided for in said section.

Sec. 11. And be it further enacted, That hereafter there shall be only two company musters in each year; the first in the month of April and the other in the month of October.

Sec. 12. And be it further enacted, That defaulters of battalion and regimental musters, shall be tried by their company Court Martial, at their respective company muster grounds.

Sec. 13. And be it further enacted, That an Act organizing the Militia of this State passed at Huntsville on the seventeenth day of December, eighteen hundred and nineteen, and all other Acts, or parts of Acts repugnant to the provisions of this Act, be, and the same are hereby repealed.

[Approved, Dec. 17, 1821.]

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AN ACT

To authorise William G. Parish, David Johnston, Otis Dyer, Benjamin Clements, and their associates, to erect a Toll-Bridge across the Black Warrior river, at the Falls of the town of Tuskaloosa.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That William G. Parish, David Johnston, Otis Dyer, Benjamin Clements, and their associates, are hereby authorised to erect and build a toll-bridge across the Black Warrior river, at the Falls opposite the town of Tuskaloosa: the east end of the bridge shall rest in front of lot number twenty-three, in the plan of said town, and the west end to rest on a fraction of land of which they are the owners lying opposite to the said lot number twenty-three in the said town.

Sec. 2. And be it further enacted, That the property of the aforesaid bridge when built shall be, and the same is hereby, vested in the said William G. Parish, David Johnston, Otis Dyer, Benjamin Clements, and their associates and


35

their heirs and assigns, forever, and they shall and may demand and receive, on the completion of said bridge, toll according to the following rates, to wit: for each and every four wheel pleasure carriage, seventy-five cents; for each wagon and other four wheel carriages, fifty cents; for each two wheel pleasure carriage, thirty-seven and a half cents; for each cart and other two wheel carriage, twenty-five cents; for man and horse, twelve and a half cents; for each led or loose horse, six and a quarter cents; for ever foot passenger, six and a quarter cents; for every head of cattle, three cents; for each head of sheep, goats, &c. two cents; and for each head of hogs, one cent.

Sec. 3. And be it further enacted, That it shall be the duty of the said William G. Parish, David Johnston, Otis Dyer, Benjamin Clements, and their associates, their heirs, representatives and assign, to keep said bridge, when completed, in good order and repair, as long as they may think proper to continue the same, and receive toll; they may and each of them, their heirs, representatives and assigns shall be deemed and held liable for all injuries which may be sustained by any person or persons passing or re-passing said bridge: Provided, said injury results from the negligence or want of proper attention to the good order and repairs of said bridge.

Sec. 4. And be it further enacted, That the County Court in and for the county of Tuskaloosa, or such other tribunal as may be hereafter established, shall be, and they are hereby authorised, whenever it may, in the opinion of the Judge or Judges thereof, be deemed necessary to appoint suitable commissioners to inspect the situation of said bridge, and if a majority of said commissioners shall report that said bridge is not in good order and repair, and fit for passengers, the court shall have power to suspend the collection of toll, until said bridge shall be put in good repair.

Sec. 5. And be it further enacted, That the said William G. Parrish, David Johnston, Otis Dyer, Benjamin Clements, and their associated, their heirs, representatives, and assigns, shall be bound and liable to be sued for all damages arising from any obstruction of the navigation of said river by the erection of the aforesaid bridge.

Sec. 6. And be it further enacted That if the said William G. Parish, David Johnston, Otis Dyer, Benjamin Clements, and their associates, their heirs, representatives, or assigns, shall exact or demand any greater rates or prices for the passage over said bridge than is herein before prescribed, he, she, or they so offending, shall, on conviction, forfeit and pay the sum of ten dollars, for the use of the persons who will sue for the same; to be recovered before any Jus-


36

tice of the Peace for the county of Tuskaloosa, together with such costs as are allowed in other cases tried before them.

Sec. 7. And be it further enacted, That the said bridge shall be so constructed as in no wise to impede the free passage and navigation of the Black Warrior for all kinds of vessels, or water crafts, under the penalty of having the same removed as a nuisance, by order of any court having competent jurisdiction thereof.

(Approved, Nov. 27. 1821.)

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AN ACT

Authorising the Intendant and Council of the lower part of Tuskaloosa to erect a Toll Bridge across the Black Warrior river.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That Charles Lewin, Intendant, and Gilbert Saltonstall, Benjamin Cox, Amos Warner, and William M. Marr, Council, in and for the lower town of Tuskaloosa, and their successors in office, are hereby authorised to erect a Toll Bridge across the Black Warrior river, opposite the Main street, running through the said town, upon the same terms, and under the same restrictions, and subject to the same forfeitures and penalties, imposed on the Bridge Company of upper Tuskaloosa; and they are hereby authorised to demand and receive the same tolls and rates that are allowed by law to the Bridge Company in and for the town of upper Tuskaloosa.

Sec. 2. And be it further enacted, That this Act shall commence and be in force from and after the passage thereof.

(Approved Nov. 27, 1821.)

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AN ACT

To appoint Commissioners to lay out a certain road therein named.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That Benjamin Harris, Samuel Bell, William Russell, Jun Claiborn Williams, and Jesse Vanhoose, be, and they are hereby, appointed commissioners, who, or a major8ity of them, are hereby authorised to lay out and mark a road, leading from Russelville, in Franklin county to the Baptist meeting house; and from thence the nearest and best way to intersect Byler's road, at or near a place called the Good-Spring in Marion county.

Sec. 2. And be it further enacted, That said commissioners, or a majority of them are hereby empowered and required to meet at Russelville on the first Monday in February next, or any succeeding day that may then be appointed by one or more of said commissioners; which appointed meeting shall be advertised, so as to give notice to all concerned that they may attend said meeting. And the said commis-


37

sioners shall then and there proceed to view and mark out said road, and when finished they shall report the same to the next County Court which may be held thereafter in Franklin county : and the court shall appoint overseers for the road, who shall perform all the duties of overseers belonging to other roads. And all persons liable to work on roads, living within one mile on either side thereof, shall be bound to assist in opening said road, and keeping the same in repair, as far as the county line between Franklin and Marion counties.

(Approved, Nov. 27, 1821.)

AN ACT

To authorise John Rose to cut out and open a Road from the Town of Cahawba, to Pine Barren Creek, and receive toll for keeping it in repair.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That John Rose of Dallas county, be and he is hereby authorised and empowered, to cut out and open a road, commencing at the town of Cahawba, passing by the house of, and across a Bridge lately erected over Cedar creek by the said John Rose; thence to Pine Baren creek, on the most direct route leading to Burnt-Corn Spring.

Sec. 2. And be it further enacted, That if any individual through whose lands the such road shall run, believes his property will be damaged thereby, and objects to the opening said road, then and in that case, the said John Rose shall apply to the county court of the county in which the person so objecting may own lands; and it shall be the duty of such county court to issue a writ or writs of ad quod damnuni, as the case may be, and such proceedings shall be had thereon, as the law directs in such cases; and all damages so assessed, shall be defrayed and paid by the said John Rose.

Sec. 3. And be it further enacted, That the said John Rose, on completing the said road, shall notify the county court of Dallas thereof, whose duty it shall be, and it is hereby empowered, and required to appoint five commissioners, a majority of whom may view and examine the said road and bridge; and if in their opinion, the same shall be in good order and repair, then the said John Rose shall be permitted to receive the following rates of toll, to wit: on a four wheel carriage and team, seventy-five cents; on a two wheel carriage, thirty-seven and a half cents; on a man and horse, twelve and a half cents; or each pack horse, six and a quarter cents; on each loose horse, four cents; on each head of cattle, two cents; one each head of hogs, or sheep, one cent, that shall pass the same. And the said John Rose is hereby authorized, to erect a turnpike gate on some convenient place on said road: and if any


38

person shall break through or round said gate, with an intent to evade payments as is required by this act, they shall forfeit and pay for every such offence triple the amount by then due to the said John Rose, to be recovered with costs by action of debt before any Judge, or Justice of the Peace. And the said John Rose shall continue to keep the said road and bridge over Cedar creek in good order and repair, and to receive all the profits arising therefrom, for the term of twelve years. And at the expiration of said time, the said road shall be held subject to the disposition of the Legislature of this State.

Sec. 4. And be it further enacted, That the county court of Dallas shall on the third Monday of January, in each and every year, or as soon thereafter as the court may sit, appoint five commissioners, to view and examine the said road and bridge; and if, in their opinion, the same be not in good order and repair, as is required by this act, then and in that case, the said commissioners shall direct the persons keeping the gate to open the same, and suffer each and every person to pass free of toll, until the commissioners aforesaid, or a majority of them, shall certify that the said road and bridge are in such order and repair as is contemplated by the provisions of this act, and if the said John Rose, or his agents, be convicted of having taken toll while the gate is directed to be kept open, in conformity to this act, they shall forfeit and pay the sum of twenty dollars, to be recovered by any person aggrieved, before any Justice of the Peace, with legal costs.

[Approved, Nov. 27, 1821.]