AN ACT

To authorize William Crawford and company of Franklin County, to build a Mill and other water works on the Tennessee River and for other purpose.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened. That William Crawford and Company of Franklin County be, and they are hereby authorized to build a Mill and any other water works on the Tennessee River opposite and adjoining to fractional Section Number Seventeen in Township Number three, Range Number ten, west of the basis meridian, in the district of lands sold at Huntsville.

Sec. 2. And be it further enacted, That the said William Crawford and Company are hereby authorized to extend the Dams of the said Mill and other water-works, up the said River and opposite to fractional section Number Seventeen, in said Township and Range.

Sec. 3. And be it further enacted, That the said Mill-Dam and water works, shall be so constructed, as in no wise to impede the free passage, and Navigation of the said Tennessee, 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; and the said William Crawford and Company, their heirs, representatives, and assigns, shall be liable to be sued for all damages arising from any obstruction of the Navigation of said River, by the erection of the aforesaid Mill or other water-works.

Sec. 4. And be it further enacted, That the Act passed on the twelfth day of June one thousand eight hundred and twenty one, to authorize Malcom Gilchrist of Lawrence County to build a Mill and other water works on the Muscle Shoals, be, and the same is hereby, repealed.

Sec. 5. And be it further enacted, That the said Malcom Gilchrist be, and he is hereby, authorized, to build a Mill and any other water works on the Muscle Shoals on the Tennessee River, opposite and adjoining to fractional Sec-


62

tion Number twenty six in Township Number three, Range Number seven, West of the basis Meridian, in the district of lands sold at Huntsville.

Sec. 6. And be it further enacted, That the said Malcom Gilchrist is hereby authorized to extend the dams of the same Mill and other water works, up the said River, and opposite to fractional section Number twenty five, in said Township and Range.

Sec. 7. And be it further enacted, That the said Mill Dam, and water works shall be so constructed as in no wise to impede the free passage and Navigation of the said River, for all kinds of vessels, or water crafts, under the penalty of the having the same removed as a nuisance, by order of any court having competent jurisdiction thereof; and the said Malcom Gilchrist, his heirs, representatives and assigns, shall be liable to be sued for all damages arising from any obstruction of the Navigation of said River, by the erection of said Mill or other water-works.

[Approved, Dec. 3. , 1821.]

___________

AN ACT

Appointing Commissioners to lay out a certain Road therein designated.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That Samuel Mardis, Edward Sims, Jonathan Music, Hansel McKenny, Thomas Williams and James Drennin, be, and they are hereby, appointed commissioners who, or a majority of who, are hereby authorized, to lay out and mark the nearest and best way for a road to be opened, beginning at such point as they may deem proper, on the road leading from Huntsville to Tuskaloosa, and running from thence to or near Fort Williams on the Coosa river, in such manner as to shorten the distance to the settlements in Georgia: Provided nevertheless, that the said commissioners shall not be entitled to receive compensation for their services, from the State of Alabama.

[Approved December 3d, 1821.]

_____________

AN ACT

To allow compensation to William Dunn for examining the Black Warrior River, above 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 the sum of one hundred and twenty dollars is hereby allowed to William Dunn, for his services and expenses in examining the Black Warrior River, above the town of Tuskaloosa, and that the Treasurer of the State is hereby directed to pay the aforesaid sum to the said William Dunn, out of any money in the treasury not otherwise appointed.

[Approved, Dec. 3rd, 1821.]


63

AN ACT

To establish additional Election precincts in certain counties therein named, 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 there shall be three additional election precincts in the county of Lauderdale; one at the house of William Howe Esq. living on the military road; one at the house of Andrew McMickens Esq' and one at the house of Joel Burrows Esq.

Sec. 2. And be it further enacted, That an election precinct be, and is hereby established, at the house of Henry Robertson in the Coosa Valley in the County of Shelby in addition to those already recognized by law in said county.

Sec. 3. And be it further enacted, That an election precinct be, and is hereby established, at the house of David Hendrick in the County of Conecuh, in addition to those already recognized by law in said County.

Sec. 4. And be it further enacted, That an additional election precinct be and is hereby established, in the County of Lawrence, at the house of Joseph Scales on Town Creek, where the road leading from Courtland to the Big Spring crosses the same.

Sec. 5. And be it further enacted, That there be an additional election precinct held in the County of Baldwin, at the house of William Weeks on Fish river.

Sec. 6. And be it further enacted, That there be an additional election precinct in the County of Pickens, at the house of Holland.

Sec. 7. And be it further enacted, That there be two additional election precincts in the County of Lawrence at the house of Washington McGaha, in McGaha's settlement and the other at the house of Nathaniel Norwood in Section sixteen, Township seven, and Range six.

Sec. 8. And be it further enacted, That there be three additional election precincts in the County of Monroe, one at the house of John Welch; one at the house of Lark Abney; and one at Gaines-town

Sec. 9. And be it further enacted, That there shall be an additional election precinct in the County of Monroe at the house of Arthur Foster.

Sec. 10. And be it further enacted, That the election precinct heretofore established at the Choctaw Bluff be, and the same is hereby made void.

Sec. 11. And be it further enacted, That the election precinct heretofore established at Cumming's Mills in the County of Conecuh, be and the same is hereby, discontinued; And that an additional election precinct be established at Zuber's store in said County.


64

Sec. 12. And be it further enacted, That the election heretofore held at Straing's mill in Limestone County be hereafter held at the dwelling house of the said Edmund Straing, in said County.

Sec. 13. And be it further enacted, That there shall be an additional election precinct held at the Muster Ground of Captain Nutts in the County of St. Clair.

Sec. 14. And be it further enacted, That there shall be one additional election precinct at the house of Captain Jacobs, at Ditto's landing in Madison County.

Sec. 15. And be it further enacted, That there be an additional election precinct, at a place called the Old town in Jefferson County.

Sec. 16. And be it further enacted, That the third section of an Act, to repeal the second section of an Act passed the twentieth December one thousand eight hundred and twenty to establish certain election precincts therein mentioned, and for other purposes be, and the same is hereby repealed.

Sec. 17. And be it further enacted, That the election precinct formerly held at Squire Lindsey's be discontinued, and in future held at Squire Saunders.

Sec. 18. And be it further enacted, That there shall be an additional election precinct at the house of Drury Connally in Meridianville in Madison County.

Sec. 19. And be it further enacted, That there shall be an additional election precinct established at the house of Mr. Farler, the place where Abraham Lewis formerly lived, on the road leading from Huntsville to Colonel Burrus's in Madison County.

Sec. 20. And be it further enacted, That there shall be an additional election precinct at the house of Joseph Van, for the County of Dallas; and an additional election precinct at the house of Michael Carter, for Henry County.

Sec. 21. And be it further enacted, That this Act shall commence and be in force from and after the passage thereof.

[Approved, December 3, 1821.]

___________

AN ACT

To repeal so much of the third section of an Act, entitled an Act to reduce the expenses of the General Assembly and for other purposes, passed at Cahawba the 15th day of June, 1821, as is herein specified.

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 third section of an Act passed at Cahawba, on the fifteenth day of June, eighteen hundred and twenty-one, entitled an Act to reduce the expenses of the General Assembly and for other purposes as relates to the salaries of the solicitors of this State be and the same is hereby, repealed.

(Approved, Dec. 13, 1821.)


65

AN ACT

To fix the temporary seat of Justice in the County of Bibb.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That Henry W. Stephens, Agrippa Atkinson, and Ansel Sawyer, be, and they are hereby, appointed commissioners who or a majority of whom, shall, on or before the first day of April next, fix the temporary seat of justice at the center of said county, or at the most eligible place within two miles thereof; and who shall, before entering on the duties required of them by this Act, take the following oath, before some Judge, or Justice of the Peace for said county, to wit: "We do solemnly swear (or affirm as the case may be) that we will truly and impartially perform all the duties required of us by an act entitled, An Act to fix the temporary seat of Justice in the County of Bibb."

Sec. 2. And be it further enacted, That the said Commissioners shall, within ten days after fixing said site, report the same to the clerk of the County Court of said county; and shall also, as soon as there are sufficient accommodations for holding Courts at the site so fixed upon, report the same to the said clerk.

Sec. 3. And be it further enacted, That the clerk of said Court shall on the receipt of said report, immediately give notice by advertisement at three of the most Public places in said County, that the site so fixed upon is ready for the accommodation of Courts sitting in said County; and thereafter the same shall be the temporary Seat of Justice of said county.

Sec. 4. And be it further enacted, That the said commissioners shall each receive as a full compensation for the services required of them by this Act, the sum of ten dollars, to be paid out of any money in the Treasury of said county, not otherwise appropriated.

(Approved, November 27, 1821.)

_____________

AN ACT

To establish the permanent seat of Justice in the County of Shelby.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That David Neal, Job Mason, Benjamin C. Heaslet, Ezekiel Henry, Henry Avery, James Franklin, and Thomas Beacher, Sen'r be, and are hereby appointed commissioners for the purpose of fixing on the most convenient place, for the seat of Justice and establishing the public Buildings, in the said county.

Sec. 2. And be it further enacted, That the said commissioners or a majority of them, shall have power and


66

authority, to procure by purchase or otherwise, not less than ten, nor more then forty acres of land, at the most convenient and suitable place, for the erection of the public buildings aforesaid; which tract of land when obtained either by purchase or otherwise as aforesaid, they shall receive a good and sufficient title for the same in fee simple which shall be laid out into half acre lots by the said commissioners (reserving two acres at least, upon which the public buildings shall be erected,) and be sold either at public or private sale, in such manner as a majority of them may deem best, who shall be authorized to convey a good and sufficient title to the purchaser, the net proceeds of which after paying for the land aforesaid, if the same shall be purchased, shall be applied by said commissioners towards defraying the expenses of erecting the public buildings of the said county.

Sec. 3. And be it further enacted, That the said commissioners of a majority of them, shall have power to contract for all the necessary public buildings for the county aforesaid, shall fix their several constructions, and superintend reject, or receive the same, when completed.

Sec. 4. And be it further enacted, That the said commissioners or such of them as may choose to act, (there being a majority of the whole,) shall meet at the place of holding court in said county, on the third Monday in March next, and there take and subscribe the following oath before some Justice of the Peace, viz: "I ______ ________ do solemnly swear, that I will well and truly perform all the duties required of me as commissioner, for fixing on the seat of Justice for Shelby county, pursuant to an Act of the Legislature, passed for that purpose, to the best of my knowledge and ability, without favour or partiality to men or places, so help me God."

Sec. 5. And be it further enacted, That for the purpose of carrying this Act into effect, the commissioners court of said county are authorized and required, to lay a tax, not exceeding one fourth of the amount of the State tax, on the persons and property of the inhabitants of said county, liable to taxation.

Sec. 6. And be it further enacted, That until the permanent seat of Justice in said county shall be fixed agreeably to this Act, the temporary seat shall remain at the place where court is now held in said county; Provided, that as soon as the public buildings are in sufficient readiness to receive the courts, the same shall be adjourned thereto by them, respectively.

Sec. 7. And be it further enacted, That this Act shall be in force, from and after the passage thereof.

(Approved, December 3, 1821.)


67

AN ACT

To establish certain election precincts therein named, 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 there shall be two election precincts in the county of Greene, in addition to those heretofore established, to wit; one at Rodon's store, between the rivers Tombeckbe, and Black Warrior, and one at Capt. McDaniel's muster ground, between said rivers.

Sec. 2. And be it further enacted, That there shall be one election precinct in the county of Marengo, in addition to those heretofore established to wit: at the house of Captain Russell, on the north side of the Chickasaw- Bogue creek in said county.

Sec. 3. And be it further enacted, That the election precinct heretofore established at the house of Joseph Brittain and at Woodley's for Perry county be, and the same are hereby, discontinued; and an election precinct is hereby established at the house of John Martin, in said county.

Sec. 4. And be it further enacted, That in the county of Dallas, there shall be an additional election precinct at the house of John Rose, near Cedar creek.

Sec. 5. And be it further enacted, That one additional election precinct is hereby established at the house of Robert Lewis, in the county of Mobile.

Sec. 6. And be it further enacted, That two election precincts be and are hereby, established in the county of Pike; one at the house of Andrew Townsend, and the other at the house of Jacinth Jackson.

Sec. 7. And be it further enacted, That there be, and is hereby established, an election precinct at the house of John Jenkins, in the county of Wilcox, in addition to those already established by law within said county.

Sec. 8. And be it further enacted, That there shall be an additional election precinct in the county of Butler, at Ernest's store.

Sec. 9. And be it further enacted, That there shall be an additional election precinct established at the house of George Nevil, in the county of Decatur.

Sec. 10. And be it further enacted, That there shall be an additional election precinct at the house of Joel Rayburn in the county of Tuskaloosa.

Sec. 11. And be it further enacted, That another election precinct shall be established at the house of Warren Truss, in the county of Jefferson.

Sec. 12. And be it further enacted, That there be an election precinct in the county of Baldwin, at the house of Thomas G. Holmes and the one heretofore established at the store of Joseph Mims, be, and the same is hereby, discontinued.

[Approved, Dec. 12, 1821.]


68

AN ACT

Authorizing the Governor to borrow a certain sum of money therein mentioned and to settle the debt due by the State to the Huntsville Bank.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the Governor of this State is hereby authorized to procure from any of the specie paying banks, a loan or loans of money, not exceeding fifteen thousand dollars, for the use and benefit of the State of Alabama; which loan shall be accomplished in such sum or sums, and at such times as will answer the purposes of the State, after the passage of this act.

Sec. 2. And be it further enacted, That the Governor is hereby authorized to pledge so much of the revenue to be raised for the year one thousand eight hundred and twenty two, as will be sufficient to discharge said loan, on or before the first day of January, one thousand eight hundred and twenty-three.

Sec. 3. And be it further enacted, That the Governor pay or cause to be paid off, the debt due by this State to the Huntsville Bank, in the notes of that Bank, which now are, or hereafter may come into the Treasury.

[Approved, Nov. 29, 1821.]

___________

AN ACT

Providing for certain Officers.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the Comptroller is directed to issue his warrant in favour of John Cunningham, jailor of St. Clair county, for the sum of thirty-four dollars and eighty cents, for supporting William S. Bentley and Isaac Crew, in the jail of said county.

Sec. 2. And be it further enacted, That the Comptroller is hereby required to issue his warrant in favour of John Bush, sheriff of St. Clair, for the sum of twelve dollars and sixty cents, for supporting Allen Waldrope, in the jail of said county; and the sum of forty seven dollars and forty cents is hereby appropriated, for the purpose of carrying into effect the provisions of this act.

[Approved, December 15, 1821.]

____________

AN ACT

To alter the Boundary Line between the counties of Clark and Monroe.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the whole of the Fraction of Section eight, in Township seven of Range four east, which now lies in Monroe county be, and the same is hereby, added to, and made a part of, Clarke county.

(Approved, November 28, 1821.)


69

AN ACT

To appoint Commissioners for certain counties therein named, 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 William Carter, Jun. James R. Mobly, Aaron Lockhart, Henry Jones and Abel Polk, be and they are hereby appointed commissioners of the county of Covington; that Andrew Townsend, Alexander McCall, Jacinth Jackson, Daniel Lewis and William Cox, be and they are hereby, appointed commissioners of the county of Pike, and that William Beauchamp, Robert Irvin, William Irvin, Stephen Matthews, and James Rabb, be, and they are hereby, appointed commissioners of the county of Henry; who or a majority of whom shall have power in their respective counties, to fix and designate a suitable place for a seat of Justice, and to contract for, and superintend the erection of such public buildings for the use of their respective counties, as they may deem necessary; and that notice shall be given by the respective commissioners, aforesaid, at three or more public places in their counties, of the time and place of letting said buildings and they shall let the same to the lowest bidder, who shall enter into bond with sufficient security to said commissioners for the faithful performance of his contract.

Sec. 2. And be it further enacted, That a majority of the commissioners for the county of Covington, shall, on the third Monday of March next, at the house of Aaron Lockhart, hold an election for a Sheriff, a Clerk of the Circuit Court, and a Clerk of the County Court for said county; and that a majority of the commissioners of Pike county shall on the third Monday of March next at the house of Andrew Townsend, hold an election for a Sheriff, a Clerk of the Circuit Court, and a Clerk of the County Court of said county.

Sec. 3. And be it further enacted, That the Sheriffs and Clerks of said counties, elected in conformity with the provisions of this Act, shall continue to hold and exercise the duties of their respective offices, during the period for which in conformity with the law, they shall have been elected.

Sec. 4. And be it further enacted, That the commissioners aforesaid, be, and they are hereby, empowered to receive and obtain from the Treasurer of their respective counties, such sum of money remaining in the treasury, as may be sufficient to compensate the undertakes of the public buildings, within their respective counties, which may be contracted for with such undertakers, and to remunerate themselves for the actual expenses, which, in the execution of their duties as commissioners aforesaid, they may through necessity incur.


70

Sec. 5. And be it further enacted, That the Judge of the County Court and commissioners of roads and revenue of Henry county, be, and they are hereby authorized to levy an extra tax, not exceeding twenty five per centum upon the amount of the general tax, for county purposes.

Sec. 6. And be it further enacted, That twenty days shall hereafter be allowed for making returns from general elections, for a Senator and Representatives to the counties of Conecuh, Henry, Covington, and Pike, any law to the contrary notwithstanding.

Sec. 7. And be it further enacted, That commissioners of the revenue and roads shall be elected, at the time and place provided for by this Act, for the election of a Sheriff and Clerks for Covington county, under such regulations as are prescribed by law; and that the election precincts heretofore established in that part of Henry, which is now known by the name of Covington county, shall be, and they are hereby established as precincts for Covington county.

Sec. 8. And be it further enacted, That John Jenkings, Benjamin Hoff, and Robert H. Scott, be, and they are hereby appointed commissioners, to contract for, and superintend the public buildings in the county of Wilcox.

Sec. 9. And be it further enacted, That until the commissioners of the county of Pike, shall select and fix upon a site for the seat of Justice in said county, the temporary seat be, and is hereby established, at the house of Andrew Townsend in the aforesaid county.

(Approved, Dec. 18, 1821.)

__________

AN ACT

To extend the time for collecting the tax and making returns, to the persons therein named.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the tax collector of Madison county be, and he is hereby allowed until the first day of March next, to collect the taxes and make returns into the Treasury, any law to the contrary notwithstanding.

Sec. 2. And be it further enacted, That the tax collector of Lawrence county, shall be allowed, until the first day of April next, to make returns and pay over the revenue into the Treasury.

Sec. 3. And be it further enacted, That the said sheriffs be, and they are hereby required, to pay into the Treasury of the State, such part of the money due from the said counties as they may have collected, agreeable to the requisition of the former law.

Sec. 4. And be it further enacted, That the tax collector of Franklin county, shall be allowed until the first day


71

of March next, to make returns and pay over the revenue into the Treasury.

Sec. 5. And be it further enacted, That this Act, so far as the same extends relief to the persons therein named, or so far as the same may affect their securities, shall be of no force or validity; unless the several persons embraced therein shall enter into bond, with good and sufficient security to be approved of by the Judge of the County Court of their respective counties, conditioned for the payment of the amount of taxes due from them, respectively in to the State Treasury at the periods designated in this Act.

(Approved December 17, 1821.)

___________

AN ACT

To establish certain counties therein named 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 the eastern boundary of Montgomery county be, and the same is hereby altered, and that the same be made the line, between ranges twenty and twenty-one east of the basis meridian.

Sec. 2. And be it further enacted, That all that tract of country, bounded as follows to wit: beginning at the thirty-first degree of north latitude at a point in the line between ranges thirteen and fourteen; thence north along said line, to the southern boundary of Butler county; thence east along said line to the south east corner of said county; thence along the eastern boundary of Butler county to the line between townships eight and nine; thence east along said line to the line between ranges twenty-one and twenty-two; thence running south to the thirty-first degree of north latitude; thence west to the beginning, shall constitute a separate county to be known and called by the name of Covington.

Sec. 3. And be it further enacted, That all that tract of country, bounded as follows, to wit: beginning at the thirty-first degree of north latitude, at a point in the range line between ranges twenty-one and twenty-two; thence running north along said line, to the township line between townships eight and nine; thence east along said line, to the Indian boundary line formed by the treaty of Fort Jackson; thence along said boundary line to the Chattahooche river; thence down said river, to the thirty-first degree of north latitude; thence west to the beginning, shall form a separate and distinct county, and retain the name of Henry.

Sec. 4. And be it further enacted, That all that tract of country bounded as follows, to wit: beginning at a point on the line between ranges seventeen and eighteen, where it intersects with the line between townships eight and nine;


72

thence running north along said line, between ranges seventeen and eighteen to the line between townships eleven and twelve; thence east along said line, to the line between townships twenty and twenty-one; thence north along said line, to the eastern boundary of the State of Alabama; thence along said boundary, to the line between townships eight and nine; thence west along said line, to the beginning shall constitute one separate and distinct county, to be called and known by the name of Pike.

Sec. 5. And be it further enacted, That the boundaries of Jackson county shall hereafter be as follows, to wit: beginning at the mouth of Sauta creek, thence up said creek to where the Winchester road crosses the same; thence on a straight line, to the south end of a ridge east of said creek, which divides the waters of Sauta creek from the waters of Roseberry creek; thence with the extreme height of said ridge, to the Winchester road, on the top of the mountain, above William Hoskin's; thence with said road, to the Pole Bridge branch; thence on a straight line to Paint-Rock river, one mile below the mouth of the Lick Fork of said river; thence on a line due west, to the extreme height of the mountain that divides the waters of Paint Rock river from the waters of Flint river; thence with the extreme height of said mountain, northward to the Tennessee State line; thence east with said line, to where it strikes the Tennessee river; thence down the same, to the beginning.

Sec. 6. And be it further enacted, That all that tract of country lying west of Jackson county, south of the Tennessee State line, east of Madison county, and north of the Tennessee river, shall constitute a separate and distinct county, to be known and called by the name of Decatur.

Sec. 7. And be it further enacted, That Decatur county shall have criminal jurisdiction over all that tract of country within the limits of the Cherokee nation of Indians, which lies west of Willstown Valley, and east of the road leading from Ditto's landing to the town of Blountsville.

Sec. 8. And be it further enacted, That all Acts and parts of Acts, contrary to this Act, are hereby repealed.

[Approved, Dec. 7, 1821.]