To raise a revenue for the Support of Government for the year 1822.
Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That all lands in this State subject to taxation, shall belong to one class; the first quality of which shall be rated at eight dollars per acre; the second quality, at six dollars per acre; the third quality, at four dollars per acre; and the fourth quality, at two dollars per acre: and the owner or person subject to pay taxes for the same, shall, when he or she shall give in a list of his or her lands, state on oath, to which quality they believe his or her lands belong.
Sec. 2. And be it further enacted, That the sum of twenty cents for every hundred dollars value, be paid on all lands within this State, which have been cleared out of the Land Office, or to which a complete title has been obtained by the owner; and the tax on all land purchased of the United States shall be proportioned to the number of Instalments paid by the proprietor at the time of assessment, as well as to its class or quality, and if one instalment only be paid to the Government, one fourth only of the amount of tax accruing by the laws of the State on land of the same quality, shall be assessed or collected, and in like. proportion, when a second or third instalment shall have been paid.
Sec. 3. And be it further enacted, That the sum of thirty cents be paid for every hundred dollars value of all lands, lots, or buildings, within any city or town, to be estimated by the person giving in the same, upon oath; and thirty cents for every hundred dollars, on the amount of Merchandize sold within the year immediately preceding the first day of January, in each and every year to be estimated by the owner, or in his absence by the principal clerk, giving in the same on oath; and for every slave not exceeding ten years, twenty-five cents; and all over ten and. under sixty, one dollar; for all free male negroes and Mulattees, over twenty one years, one dollar; for all free white males above the age of twenty one years, and not exceeding forty five fifty cents; for all pleasure carriages and harness, one per centum on every hundred dollars of their estimated value, to be ascertained by the oath of the party giving in the same to the assessor; for every Tavern licence, or leave to retail spirituous liquors, ten dollars; for every horse kept exclusively for the saddle, or pleasure carriage, one dollar; and for every race horse, five dollars; for every public race track, ten dollars; for every Stud horse or Jack-ass the amount for which such Stud or Jack
may stand by the season; and all neat cattle, which may be owned by any one citizen of this State, and for every head of meat cattle owned by any person not a citizen free-holder of this State, over twenty five head, work oxen excepted, per head, four cents; for every billiard table kept for play one hundred dollars; for each licence granted to every hawker or pedler, in each county, twenty dollars;- and in case any hawker or pedler shall sell any goods or merchandize, without first taking out licence and paying for the same, agreeable to the provisions of the law he shall forfeit and pay the sum of fifty dollars, to be recovered in any court having competent jurisdiction, one half to the use of the State, and the other half to the use of the informer;---on all goods sold at auction other than those which are exempted by law, two per centum on the amount of sales; for every gold watch kept for use, one dollar; for every silver or other watch kept for use, fifty cents; and for every clock kept for use, one dollar;- for money loaned at interest, for every hundred dollars, twenty five cents; on the sale of every pack of playing cards fifty cents.
Sec. 4. And be it further enacted, That for every Tavern licence in any city or town, there shall be paid as tax, twenty dollars;- for keeping a house of public entertainment in any city or town without retailing spirituous liquors fifteen dollars;-on every retailer of spirituous liquors in any city or town ten dollars;- on every retailer of spirituous liquors in the country or on the road or highways, without keeping accommodations for man and horse, five dollars;-and on all houses of public entertainment on the roads and highways, retailing spirituous liquors, five dollars; - - - which tax shall be paid to the clerk issuing the licence, and by immediately to the tax collectors; and the clerk shall receive for his services, the fees heretofore allowed for issuing licences; and no county tax shall be paid on licences, except such, as may be levied by the County Court of such county.
Sec. 5. And be it further enacted, That on all hares of Bank stock in any Bank in the State, held by any individual, partnership, or body corporate, there shall be levied and collected yearly, a revenue at the rate of fifty cents on each share of one hundred dollar: provided nevertheless, that if any Bank in this State shall refuse to pay specie for their notes, after the first day of August next, then and in that case there shall be levied and collected an additional tax of fifty cents on each share, held as aforesaid, in any bank or banks so refusing to pay specie for their notes: and the President and Directors, or Cashier on making out their last dividend for each preceding year shall return
the said amount of taxes, and pay the same into the Treasury of this State and shall produce the Treasurer's receipt, on or before the first day of January in every year; and on failure thereof the President and Directors of said Bank, or any number of them in their corporate capacity, shall pay to the State, two thousand dollars; and in case of any such failure, it shall be the duty of the Comptroller of Public accounts to direct the solicitor of the circuit in which such defaulting bank or banks may be to proceed to the recovery of the same on motion in the Circuit Court; the said Comptroller of Public accounts giving notice in the Cahawba Press to the said defaulting bank or banks, of motion so to be make- and the certificate of said Comptroller shall be deemed and taken as full and sufficient evidence of such default or failure.
Sec. 6. And be it further enacted, That when the time shall have expired within which the lists of taxable property are to be received, it shall be the duty of the assessor of taxes, to ascertain whether there be any lands or town lots within their respective counties, sold under the authority of the United States, previously to the first day of September, one thousand eight hundred and nineteen, which have not been assessed, and in case any such be found, which have not been forfeited, he shall assess the same according to the rate of assessment prescribed by law on town lots and lands, for which a complete title has been obtained, and such lots or lands shall be double taxed.
Sec. 7. And be it further enacted, That the Collectors of taxes in the several counties, shall, at the time and in the manner prescribed by law, make distress and sale of the goods and chattels, lands and tenements, of all delinquents, in making return of taxable property, or in payment of taxes: And in case of taxes assessed in the manner directed in the preceding section, on lands or town lots, to which a complete title has not been obtained, and in which other property, sufficient to satisfy the taxes due together with all costs and charges accruing thereon, cannot be found, it is hereby expressly made the duty of the respective Collectors of taxes, to give notice by advertisements at the door of the court house of the proper county and at two other public places within the county, that on a certain day (which shall be at least thirty days after the date of each advertisement) he shall at the court house of his county, offer for rent, the town lot or lots, or so much of the land (as the case may be,) and for such term as may be necessary, to satisfy the taxes due, and costs and charges thereon; and he shall accordingly offer for rent to the highest bidder, until the first day of Janua-
ry succeeding the January immediately ensuing, the town lot or lots or such portion of the lands (as the case may be,) as he may designate, beginning in the case of lands with ten acres, or with as much less than ten acres as may be necessary to pay said tax and costs, or by adding ten thereto as often as may be necessary, to obtain by such rent a sufficient sum to satisfy taxes and costs; and in case the town lot or lots, or lands cannot be rented for a sufficient sum on the terms aforesaid, they shall be offered for two years from the first day of January immediately ensuing or until a complete title to the same shall be produced or the same shall be forfeited to the United State: Provided, that the production of a complete title shall in every case aforesaid, entitle the owner to the possession of the premises, upon reimbursing the amount paid for taxes, and the charges thereon, to the party by whom such payment has been made, and saving to the occupant the crop which may be on the premises: and should the rent in any case exceed the amount of taxes and charges, the right owner of the town lot or lots, or lands, (as the case may be,) shall be entitled to receive the overplus.
Sec. 8. And be it further enacted, That the Collectors of taxes, respectively, shall by an instrument of writing, convey to the party renting the premises as aforesaid, the use thereof, for and during the time for which they were rented, and shall, in addition to the compensation allowed by law, be entitled to receive one dollar for executing every such instrument of writing; and such instrument conveying the use of the premises as aforesaid, shall be good and sufficient, both in law and equity: Provided, that whenever the Collector shall find the tenant in possession, who may refuse to pay the tax or render possession of the premises which may be thus taxed and unpaid, he shall have full power to proceed inslanter, in the same manner, as is or may be authorized in cases of forcible entry and detainer, and the refusal of the tenant in possession to render peaceable possession of the premises, on demand, shall be considered as evidence of forcible detainer.
Sec. 9. And be it further enacted, That the tax Collector shall be authorized and is hereby required, to convey by deed, any land he may sell under the provisions of this Act where a complete title has been obtained: --- Provided, the owner or owners of any land sold for taxes, may redeem the same at any time within twelve months, by the proper owner or owners or their agents, paying the amount of tax and costs paid by the purchaser, with interest at the rate of fifty per centum, per annum, from the day of sale, until said redemption and costs.
Sec. 10. And be it further enacted, That every person who shall exhibit or cause to be exhibited for hire or emolument, any Museum, wax works, feats of activity, slight of hand, or plays shall first obtain from the clerk of the County Court of the county where the same may be exhibited, a licence authorizing the same, for which the party applying shall pay to the clerk twenty dollars for the use of the State, together with one dollar as a fee to the clerk, for issuing the same; and the clerk shall account for the said tax, in the same manner as he is required to account for taxes collected on retail and tavern licences. And every person who shall exhibit as aforesaid without first obtaining such licence, shall forfeit and pay the sum of fifty dollars to be recovered before any Justice of the Peace, at the suit of said clerk, or any other person in the name of the said clerk, which sum so recovered shall be paid over as aforesaid after deducting therefrom ten dollars for the use of the person who may sue as aforesaid.
Sec. 11. And be it further enacted, That Stud horses and Jack asses, shall be taxed from and after the first day of April: and the assessor shall take the lists of those articles in relation to that day; and it shall be the duty of the Collector of the revenue to collect the tax on all Jack asses and Stud horses which have stood the season in their respective counties, whither they have been listed with the assessor or not, and account for the receipts as other taxes.
Sec. 12. And be it further enacted, That if any person shall remove from the county in which he may reside, after the first day of April next, without returning to the assessor a list of his taxable property, then and in that case, he shall return to the assessor of the county to which he shall move, a list of his taxable property.
Sec. 13. And be it further enacted, That if any person or persons shall by him or themselves, or by his, her, or their agent, keep a billiard table for play without first obtaining a licence from the County Court in which said billiard table may be kept, he, she, or they shall forfeit and pay the sum of five hundred dollars; to be recovered in any court having jurisdiction thereof, one half to the person suing for the same, the other half to the State.
Sec. 14. And be it further enacted, That Samuel Dale and securities be, and the same are hereby exonerated and discharged, from all liability, for the sum of two hundred and ninety nine dollars and four and one fourth cents being the balance due by the said Samuel Dale as collector of taxes for Monroe County, for the year one thousand eight hundred and seventeen.
Authorising a Lottery for the making of a Turnpike road, leading from the city of Mobile to Chickasaw Bogue creek in the county of Mobile, 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 it may be lawful for the Mayor and Aldermen of the city of Mobile for the time being, and their successors in office, or a majority of them, to raise by lottery, in one or more classes, as to them may seem most convenient and necessary any sum not exceeding ten thousand dollars, to be appropriated in improving the road leading from the duty of Mobile to Chickasaw-Bogue creed, in the county of Mobile; and the Mayor and Aldermen of the city aforesaid, for the time being, and their successors, shall, before they enter on the duties of their office, enter into a bond in their corporate capacity, in the penal sum of twenty thousand dollars, payable to the Governor and his successors in office, conditioned for the faithful discharge of the several duties imposed, upon them by this act; which bond may from time to time be put in suit in the name of the Governor of said State and his successors, by any person injured by a breach thereof: and it shall be the duty of the said corporation within ninety days from the completion of the drawing of said lottery, to pay to the fortunate person or persons or his or their order, all such prizes as may be drawn, agrueably to the scheme which they may have determined upon and published by them. The said lottery shall be drawn in Mobile, or at such other place as may be most expedient, giving due notice of the time and place of such drawing.- Each of the said managers and each clerk that may be employed, shall before the drawing commences, take an oath to act fairly and impartially in the discharge of his several duties; which oath may be administered by any Justice of the Peace. If the said lottery, or any class thereof, be not drawn within the year after the scheme of the same may have been published, the same shall cease, and said corporation shall refund, on demand, the price of the ticket, to the holder of the same.
Sec. 2. And be it further enacted, That the aforesaid corporation are hereby required and authorised, to contract for the improvement of the aforesaid road on such plan as they may deem most convenient and proper, out of the funds that may be raised by the lottery.
Sec. 3. And be it further enacted, That it shall be the duty of the Mayor and Aldermen for the city of Mobile, for the time being, so soon as their term of office may expire, to deliver over and transfer to their successors, all monies by them received and collected on account of such lottery
together with a particular statement of the number of tickets sold, the monies received on account of the same, and all books and papers touching or relating to the said lottery.
Sec. 4. And be it further enacted, That it shall and may be lawful for James Davis, Peter Martin, John S. Fulton, Anthony White, Robert Gillaspie, James Frazier and George Higgason, or a majority of them to raise by lottery any sum not exceeding three thousand dollars, to be appropriated in erecting and furnishing a masonic hall, for the use and benefit of Russelville Lodge, number seven, of ancient Free Masons, in the town of Russelville.
Sec. 5. And be it further enacted, That the aforesaid James Davis, Peter Martin, John S. Fulton, Anthony White, Robert Gillaspie, James Frazier and George Higgason, or as many of them as may choose to serve shall, before they enter upon the duties assigned to them in this Act, enter into bond with sufficient security before the Judge of the County Court of Franklin, conditioned for the faithful discharge thereof; which bond may be put in suit in the name of the Governor of the State of Alabama for the time being, by any person injured by a breach of any of the provisions of this Act.
Sec. 6. And be it further enacted, That it shall be the duty of the aforesaid persons, or as many of them as may choose to act, within ninety days from the completion of the drawing of said lottery, to pay to the fortunate drawers in said lottery, or to their heirs or assigns, such prizes as may be due, agreeably to the scheme they may have determined on, and published.
Sec. 7. And be it further enacted, That the drawing of said lottery may be in the town of Russelville, or at any other place that may be agreed upon by the managers aforesaid, giving due notice of the time and place of such drawing, which shall be conducted in such manner and under such regulations and responsibilities, as to the aforesaid persons may seem most expedient: Provided, That each clerk or other person concerned in the drawing shall take an oath before any Justice of the Peace, faithfully to discharge their respective duties.
Sec. 8. And be it further enacted, That if the said lottery be not drawn within one year after the scheme of the same shall have been published, the same shall cease, and the purchasers of tickets may demand and recover of the managers, or persons before named in the fourth and fifth sections of this Act, any money disbursed for tickets in said lottery.
Sec. 9. And be it further enacted, That the managers aforesaid shall report to said Lodge, within six months after the
passage of this Act, and at such times thereafter as may be ordered by said Lodge, the progress made in the sale of tickets, or the drawing of said lottery.
Sec. 10. And be it further enacted, That the said managers shall pay over all and any monies which may be raise under this Act, to the order of said Lodge, or to such person or persons as may be authorized to receive the same by said Lodge, for the purpose of erecting and furnishing a Masonic Hall.
Sec. 11. And be it further enacted, That the Master of said Lodge be, and he is hereby authorised by and with the consent of the officers and members of said Lodge, to acquire by said purchase, or accept as a donation, an eligible lot or parcel of ground, not exceeding one acre, within the town of Russelville, on which to erect said Masonic Hall, and the title to or in said lot or parcel of land, with all and singular the appurtenances so obtained as aforesaid, shall vest and is hereby vested in the said Master, Officers and Members of said lodge and their successors in office to the sole use, benefit and behoof of said Lodge.
Sec. 12 And be it further enacted, That the Worshipful Master and Officers of every Lodge of ancient Free Masons in the State of Alabama, shall have the privilege of raising by lottery, the sum of three thousand dollars, for the use and benefit of their lodges, respectively, as prescribed by the provisions of this Act for the benefit of the Russelville Lodge, number seven of ancient Free Masons.
To fix the time for convening the General Assembly of the State of Alabama.
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 General Assembly of this State shall convene on the third Monday in November in each and every year.
Sec.2. And be it further enacted, That all acts and parts of acts contrary to the true intent and meaning of this act, be, and the same are hereby, repealed.
To alter the Boundaries of Bibb and Perry counties.
Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That all the part of Perry county contained in the north half of township twenty-one in range eleven be added to and form a part of Bibb county.
Sec. 2. And be it further enacted, that all that part of Bibb county contained in the south half of township twenty-two, range seven be added to, and form a part of, Perry county.
To regulate the mode of issuing grants and patents in this State.
Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That for the conveyance or transfer of the right of lands, town lots, or other real estate in fee simple belonging to this State, to any person or persons company, body politic, or corporation a patent shall issue with the Great Seal of the State signed by the Governor, and attested by the Secretary of State.
Sec. 2. And be it further enacted, That all purchasers of lands, town lots, or any real estate, belonging to this State, their heirs, legal representatives or assigns may receive a patent for the same, upon his, her or their producing to the Secretary of State, a certificate or receipt signed by the Treasurer of this State, that the said purchaser or purchasers their heirs, legal representatives or assigns have satisfied or paid into the Treasury of this State, the legal amount due for such land, town lot, or other real estate; and it shall be the duty of the Governor, forthwith, to issue a patent to be said purchaser or purchasers their heirs, legal representatives or assigns, upon the production of the certificate or receipt as aforesaid.
Sec.3. And be it further enacted, That it shall be the duty of the Secretary of State, to record in a strong bound book to be kept for that purpose, all grants and patents of what nature or kind so ever, issued by this State, to any person or persons company, body politic or corporation.
Sec. 4. And be it further enacted, That any person receiving a grant as aforesaid, shall pay therefor, upon the receipt thereof, to the Secretary of State, the sum of seventy-five cents.
To apportion the Representatives among the several counties of this State and to divide the State into Senatorial Districts according to the late census at a ratio of seventeen hundred and thirty for the representative.
Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the representation of the several counties of this State shall be apportioned in the following manner to wit: the county of Mobile, one; the county of Baldwin, one; the county of Washington , one; the county of Conecuh, and that part of Butler taken from Conecuh, three; the county of Monroe and that part of Butler taken from Monroe three; the county of Clark, two; the county of Henry, one; the county of Wilcox, one; the county of Dallas, and that part of Butler taken from Dallas, two; the county of Perry, two; the county of Marengo, one; the county of
Greene, two; the county of Tuskaloosa, and that part of Pickens taken from Tuskaloosa, three; the county of Autauga, one; the county of Bibb, two; the county of Montgomery, two; the county of Shelby, one; the county of St. Clair, two; the county of Jefferson, two; the county of Blount, one; the county of Marion, and that part of Pickens taken from Marion, one; the county of Franklin, two; the county of Lauderdale, two; the county of Limestone, four; the county of Lawrence, three; the county of Morgan, two; the county of Madison, seven; the counties of Jackson and Decatur, three.
Sec. 2. And be it further enacted, That the counties of Washington, Baldwin and Mobile, shall form one senatorial district; Conecuh, Covington, Pike and Henry, one; Monroe, one; Dallas, one; Wilcox and Clark, one; Marengo and Greene, one; Perry and Autauga, one; Bibb and Shelby, one; St. Clair and Blount, one; Jefferson, one; Tuskaloosa and Pickens, one; Marion and Franklin, one; Lawrence, one; Morgan one; Jackson and Decatur, one; Limestone, one; Madison, one; Lauderdale, one; Montgomery and Butler, one; each of which districts shall be entitled to one Senator and no more.
Sec. 3. And be it further enacted, That the sheriffs of the counties of Washington, Conecuh, Clark, Marengo, Perry, Shelby, Blount, Marion and Montgomery, shall be the returning officers for their respective districts; and the sheriffs of the other counties of the district shall make return to the returning officers, within ten days after the Senatorial election except the counties of Conecuh, Covington, Henry and Pike, which shall be allowed twenty days.
To establish a Ferry and appoint Commissioners to lay out 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 a ferry be and the same is hereby established over the Alabama river, at a place called the Big Bend, opposite to the town of Montgomery, and that the same be established in the proprietors of the town of Montgomery, and that they be allowed to ask, demand and receive the same rates of ferriage as are allowed by law at the nearest ferry on the said river.
Sec. 2. And be it further enacted, That Robert Glen Clement Freeny, William Ashley, Bolling Hall, and Francis Lewis, be appointed, to mark out a road beginning at the aforesaid ferry, opposite to the town of Montgomery, and to run out to the north corner, between sections thirty three
and thirty four, and from thence along the line dividing sections twenty seven and twenty eight, in township seventeen and range seventeen, unto the north corner of said sections, and from said corner to continue on in such direction, as said commissioners may think proper, to intersect the road leading from Bolling Hall's to Pine Flat in Autauga county.
Sec. 3. And be it further enacted, That as soon as said commissioners shall have marked out said road, they shall report the same to the county court of Autauga county, whose duty it shall be, to appoint overseers for said road, and to have hands apportioned to open and keep in repair the said road. And if the said commissioners at the time they mark and lay out the said road, should assess any damages to the owners of the land, where the said road may run the citizens of Montgomery and Autauga counties petitioning for said road, shall pay all such damages.
Sec. 4. And be it further enacted, That the petition praying for the road herein established shall be deposited in the clerk's office of Autauga county, and that a copy thereof shall be filed in the clerk's office in Montgomery county.
Authorising Edwin Lewis to open and construct a Road in Mobile county, 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 Edwin Lewis be, and he is hereby authorized to open and construct a road (with all necessary bridges and causeways on the same,) leading from the place of Hugh H. Ralston in Mobile county, across Three-Mile creek at the Saw-mill of the said Lewis, and thence in the most direct and practicable route to intersect the road from Mobile to Winchester, at or near Mrs. Harrold's place, being a distance of about eight miles.
Sec. 2. And be it further enacted, That the said Lewis shall be entitled to receive, as compensation for making and keeping said road in good repair, fifty cents for every four wheel carriage, for passing the whole length of the same; for every two wheel carriage, twenty-five cents; and for every horse and rider, twelve and a half cents.
Sec. 3. And be it further enacted, That the said Edwin Lewis, his heirs, or legal representatives shall be, and they are hereby vested with the exclusive right and authority to demand and receive the above rates of toll for the term of twelve years: Provided, said road be completed within six months from the passage of this act: And provided also, that only one gate shall be erected or, said road: and that
the rates of toll be constantly kept posted up thereat in view of the traveller: Provided also, that before toll shall be exacted as aforesaid, a majority of the road commissioners of Mobile county shall examine and declare said road in good order.
Sec. 4. And be it further enacted, That the county court of Mobile shall have power at any time, to throw open by order, the aforesaid gate, if on the report of the road commissioners, the road as aforesaid should at any time be deemed out of order.
Sec. 5. And be it further enacted, That an election precinct is hereby established at the house of John Martin on the waters of Big Mulberry creek, in the county of Perry.
Sec. 6 .And be it further enacted, That the county court of Monroe county, in addition to the power already granted, shall be, and they are hereby, authorized and required to impose such additional tax, as may be necessary to complete the public building in said county.
Expressing the Gratitude of the State of Alabama, for the services rendered by Samuel Dale to this State.
Section 1. Whereas, the Territory now composing the State of Alabama was, during our late contest with the British Government, subjected to all the hardships and cruelties, which a relentless war, waged by the merciless savage is calculated to produce: And whereas our venerable citizen, Colonel Samuel Dale was the first to interpose his bid, and save its defenceless inhabitants from Indian rapine and Indian barbarity, who, during our bloody conflict with the Creek Nation, exposed himself to privations, hardships' and difficulties that have impaired his constitution and reduced him to indigence: And whereas the said Colonel Samuel Dale, not having it in his power from the situation of the country, to produce to the General Government sufficient vouchers to prove his services, his sufferings, and his losses, by which he has failed to receive even justice from that quarter: And whereas we the Representatives of the people of the State of Alabama, feeling it a duty we owe to ourselves and our constituents, not only to remunerate him for losses actually sustained, but also to compensate him for his distinguished services:
Therefore, Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the Treasurer be, and he is hereby, required to pay to the said Colonel Samuel Dale, half the pay now allowed by the General Government to Colonels in the
army of the United States. And that he is hereby declared a Brevet Brigadier General in the militia of this State, and shall rank as such whenever called into the service of this State. And the Governor is hereby required to commission him accordingly; and that the Treasurer is authorized and required to pay to the said Brevet Brigadier General Samuel Dale, on the first day of January in each and every year, the half pay as aforesaid, for and during his life, out of any monies in the treasury not otherwise appropriated.