AN ACT

To alter and extend the Boundaries of Limestone county.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in general Assembly convened, That all that tract of country which has hitherto been a part of Lauderdale county, and which lies in the fork between the rivers Tennessee and Elk, be, and the same is hereby added to, and shall in future comprise a part of the county of Limestone.

[Approved, Nov. 27, 1821.]


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AN ACT

To establish the temporary seat of Justice in the County of Decatur, 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 Robert M Carny, James G. Holmes, John Cannimore, John Snow, and Alexander W. Dulaney, or a majority of them, be and they are hereby appointed commissioners to fix on a site for the temporary seat of Justice for the county aforesaid, and the site selected by said commissioners, shall be and remain in the seat of Justice until the public lands of the United States, lying in said county, are sold and further provision shall be made by law to fix the permanent seat of Justice in said county.

Sec. 2. And be it further enacted, That the aforesaid commissioners shall have power to contract for, and superintend , the building a temporary court house and Jail for said county; And it shall be the duty of the said commissioners to accept propositions and donations for completing said buildings, so as to relieve the county from taxation or as little expense as possible.

Sec. 3. And be it further enacted, That the commissioners aforesaid shall, before they enter upon their duty, take the following oath, to wit: "I ________ _________ do solemnly swear (or affirm) that I will discharge the duty imposed on me as a commissioner for the county of Decatur, without partiality of favour, so help me God."

Sec. 4. And be it further enacted, That there shall be an election held in the aforesaid county, on the second Monday in February in the different precincts, for the election of a clerk of the Circuit court, and a clerk of the County Court, and a Sheriff: which election shall be held by one Justice of the Peace and two house holders in each election precinct; to be conducted in the same manner, and under the same rules and regulations, as elections are held for electing members of the General Assembly.

Sec. 5. And be it further enacted, That Joseph Kirby, Benjamin Cloud, Thomas Russel, John Hancock, James Scruggs, John McVary, and McLaud Cross, be and they are hereby appointed commissioners to fix on a site for the temporary seat of Justice for the County of Jackson, in the same manner and under the same regulations, pointed out for fixing the temporary seat of Justice in the County of Decatur.

Sec. 6. And be it further enacted, That the clerks of the Circuit and County Courts for Jackson County, shall immediately after the elections provided to be holden in the fourth section of this Act, transfer all the records and Judi-


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cial proceedings in their possession, to the clerks of the Circuit and County Courts, respectively of the county of Decatur together with a transcript of all the proceedings and papers that of right belong to said county, that may be in their possession, and all process that may be issued against persons residing in the county of Decatur, shall be made returnable to the County and Circuit Courts of Decatur.

Sec. 7. And be it further enacted, That it shall be the duty of the Judges and commissioners of the County Courts of Jackson and Decatur, to levy a tax on all taxable property in their respective counties to be applied to the erecting a temporary Court House and Jail; provided, such tax should be found necessary: Provided, that said tax shall not exceed one fourth the amount of the State tax in said counties.

Sec. 8. And be it further enacted, That the Sheriff of Pickens county shall hold a poll, at the next General election in the said county, for the purpose of electing five Commissioners, resident citizens thereof, for the purpose of selecting and fixing upon the most eligible site for the public buildings for the said county, having regard to the natural conveniences and general interest of the same; which election shall be conducted, strictly pursuant to the existing election laws of this State.

Sec. 9. And be it further enacted, That the said commissioners (and in all cases a majority of them shall be sufficient for the discharge of business) shall, before they enter upon the duties herein to them assigned, take and subscribe the following oath. "I, A. B. do solemnly swear (or affirm.) that I will select and fix the site for the public buildings and seat of Justice in the county of Pickens, agreeably to the provisions of this Act, without favour of partiality, to the best of my judgment and belief."

Sec. 10. And be it further enacted, That the aforesaid commissioners shall have power, to obtain by purchase or otherwise, a tract of land not exceeding one hundred and sixty acres, for the site of the public Buildings; and after reserving a sufficiency for county purposes to lay off the balance, or as much thereof, as they may deem expedient into lots of convenient sizes, and expose the same to public sale, giving at least thirty days notice in the "american Mirror," and at three or more public places in the said county, on such terms as they may think proper.

Sec. 11. And be it further enacted, That the said commissioners, after selecting the place for the seat of Justice, shall proceed to let out to the lowest undertaker, the building of a court house, jail and necessary buildings for the said county, by giving the same notice as is prescribed.


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for, in the preceding section, and shall take of the undertaker or undertakers, bond with sufficient security, payable to them as commissioners in double the sum at which the said buildings may be let, conditioned for the faithful performance of the work, according to the plan by them devised, and in due time.

Sec. 12. And be it further enacted, That the said commissioners shall make a report of the whole of their proceedings, to the clerk of the County Court of Pickens county who shall duly record the same. And to carry into effect the said purchase, there may be applied any money in the county treasury, not otherwise appropriated; and that the place when so selected, so soon as the public buildings may be fit for the reception of the court, shall be the permanent site for the seat of Justice for Pickens county: and that the commissioners shall be entitled to receive such compensation for their services, as may be adjudged them by the County Court.

Sec. 13. And be it further enacted, That this act shall be in force; from and after the passage thereof.

(Approved December 13, 1821.)

___________

AN ACT

To authorize the County Court of Butler county to compensate the commissioners heretofore appointed to fix the seat of Justice for said County, 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 the Judge and commissioners of revenue and roads, of the county of Butler, be, and they are hereby authorized, to allow such compensation to the commissioners heretofore appointed to fix upon the seat of Justice for said County, and their successors, as they may deem reasonable and just; and that said allowance be paid out of the county treasury of said County.

Sec. 2. And be it further enacted, That Ward Taylor and Isaac Cook, be, and they are hereby appointed commissioners for fixing the seat of Justice in Butler county, and to discharge the duties required of said commissioners by the sixth section of an Act passed December the seventh eighteen hundred and twenty. entitled, "an Act to authorize the County Court of Conecuh county to levy a tax for building a Court House and jail, and for other purposes," in place of Taliaferro Livingston, and John Carter, who have declined acting.

Sec. 3. And be it further enacted, That an additional election precinct be established at Buttsville in Butler county: and that the election precinct heretofore established at Fort Dale, be, and the same is hereby discontinued.

[Approved, Dec 15, 1821.]


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AN ACT

Authorizing a Lottery for the benefit of building an Academy in the town of Montgomery.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That it shall and may be lawful for Clement Freeny, Ebenezer D. Washburn and William Graham, or a majority of them, who may take upon them the duties injoined by this Act, to raise by lottery in one or more classes as to them may seem necessary any sum not exceeding five thousand dollars, to be appropriated, exclusively to the building of an Academy in said town.

Sec. 2. And be it further enacted, That the said Clement Freeny, Ebenezer D. Washburn, and William Graham, or such majority of them as may choose to serve, shall before they enter upon the duties to them assigned in this act, enter into bond with sufficient security payable to the Governor for the time being, and his successors in office, before the Judge of the County Court of Montgomery county, conditioned for the faithful performance of all the duties of them required by this Act, which bond, by the Judge shall be filed in the Clerk's office of the Circuit Court of Montgomery county, and may be put in suit in the name of the Governor of the State of Alabama for the time being by any person or persons who may be injured by a breach of any of the provisions of this act.

Sec. 3. And be it further enacted, That it shall be the duty of the said persons, or such of them as may choose to act under this law, within ninety days after the completion of the drawing of the lottery aforesaid, to pay to the fortunate drawers in said lottery, or to his, her or their legal representatives, such prize as may be due, agreeably to the scheme they may have determined upon and published.

Sec. 4. And be it further enacted, That the said lottery shall be drawn at the town of Montgomery in this State, and the said managers shall, in some newspaper within the State give 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 of said lottery shall take an oath before some Justice of the Peace, faithfully and impartially to discharge their respective duties.

Sec. 5. And be it further enacted, That should the said lottery or any class thereof, not be drawn within one year after the scheme thereof shall have been published the same shall cease, and the purchasers of tickets may demand and recover of the managers named in the first section of this Act any money disbursed for tickets in said lottery.


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Sec. 6. And be it further enacted, That within a convenient and reasonable time after the lottery shall have been drawn, the commissioners acting under this Act shall give public notice in some newspaper, and at five of the most public places in the county, that the building of the Academy will be let to the lowest bidder, who shall be the undertaker of the said building: Provided, He shall give to the said managers, good and sufficient security for the faithful performance of the contract; and the said managers shall be authorized to make to the said undertaker such disbursements and at such time as they may think proper.

(Approved, Dec. 15, 1821.)

__________

AN ACT

To fix the permanent seat of Justice for the county of Montgomery.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That Edward Moseley, Benjamin Davis, John Hughes, William Graves, and William Laprade, be, and they are hereby appointed commissioners, and that they or a majority of them, shall have full power to select and fix upon the most eligible site for the permanent seat of justice in said county, and that the said commissioners shall before they enter upon the duties herein before mentioned be sworn, by any Justice of the Peace, faithfully and impartially to perform the same, in such manner, as in their opinion will most promote the interest and convenience of said county.

Sec. 2. And be it further enacted, That the site selected and fixed upon by the said commissioners or a majority of them, shall thereafter, be the permanent seat of justice in said county; and that the funds retained in the county treasury of the said county by virtue of a resolution of the General Assembly of Alabama; passed the sixteenth day of June, one thousand eight hundred and twenty one, or so much thereof as shall not have been previously appropriated by the County Court of said county, shall be, and the same are hereby appropriated to the purchase of a tract of land, which shall not exceed one hundred and sixty acres, for a county site ,and the erection of the necessary public buildings thereon: Provided, A suitable site cannot be otherwise obtained.

Sec. 3. And be it further enacted, That if the said commissioners shall deem it most expedient to purchase a tract of land for the purposes aforesaid, then and in that case, it shall be lawful for the said commissioners, after retaining so much thereof as shall be sufficient for the erection of the said public buildings to lay off the residue in lots, in such sizes at their discretion as will best promote the interest of


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the said county and proceed to sell the same at public auction, and the proceeds thereof, together with the funds in the County Treasury of said county, which have not heretofore been appropriated, as aforesaid by the County Court, shall be applied to the erection of the said public buildings in said county, under such restrictions and conditions as the said commissioners may prescribe.

Sec. 4 .And be it further enacted, That the County Court of said county be, and is hereby authorized to levy a tax for the use and benefit of the said county, which shall not exceed the sum of twenty five per centum upon the amount of the general tax.

Sec. 5. And be it further enacted, That all laws and resolutions heretofore passed, which are contrary to the true intent and meaning of this Act, be, and the same are hereby, repealed.

(Approved, Dec. 17, 1821.)

_________

AN ACT

To make appropriations for the payment of certain claims against the State.

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 five hundred and ninety-four dollars and forty cents be allowed to Daniel Rather, jailer of Madison county, for keeping certain prisoners in the jail of said county.

Sec. 2. And be it further enacted, That the sum of sixty dollars and twenty cents be allowed Timothy Merrick, late keeper of the jail of Mobile county, for keeping certain prisoners in the jail of said county.

Sec. 3. And be it further enacted, That the sum of five hundred and fifty dollars and forty cents be allowed D. Duval, sheriff of Mobile county, for keeping certain prisons in the jail of said county.

Sec. 4. And be it further enacted, That the sum of forty two dollars and forty cents be, and the same is hereby, allowed to James A. Bates, sheriff of Green county , for keeping Skelton Standifer and Hiram Allen in the jail of said county.

Sec. 5. And be it further enacted, That the sum of forty two dollars be allowed James A. Bates, sheriff of Greene county, for keeping John D. King in the jail of said county.

Sec. 6. And be it further enacted, That the sum of fifty four dollars be allowed Merret Ware, jailer of Tusakloosa county, for keeping Thos. Elliott in the jail of said county.

Sec. 7. And be it further enacted, That the sum of thirty dollars be allowed Henry V. Chamberlain, one of the Justices of the Peace for the county of Mobile, for holding inquests over three dead bodies.

Sec. 8. And be it further enacted, That the sum of ten


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dollars be allowed Thompson White, coroner of Bibb County, for holding inquests over two dead bodies at the same time.

Sec. 9. And be it further enacted, That the sum of ten dollars be allowed Noah B. Coker, a Justice of the Peace for Bibb county, for holding an inquest over a dead body.

Sec. 10. And be it further enacted, That the sum of ten dollars be allowed Jacob Jackson, a Justice of the Peace of Dallas county, for holding an inquest over a dead body.

Sec. 11. And be it further enacted, That the sum of ten dollars be allowed Sidney M. Goode, Esquire, for prosecuting in behalf of the State, a negro charge with the crime of murder, in the county of Clark.

Sec. 12. And be it further enacted, That the sum of forty five dollars be allowed James Dellett, Esquire, for acting as Judge advocate, at a General Court Martial, convened, for the purpose of deciding a contested election for Major General of the fourth division of the Militia of the State of Alabama; which sum shall be paid out of any money in the Treasury not otherwise appropriated.

Sec. 13. And be it further enacted, That the sum of one hundred and sixteen dollars and forty cents be, and the same is hereby allowed to Daniel Rather, jailer of Madison county, for keeping Thomas Goodrum in the jail of said county, to be paid out of any monies in the Treasury not otherwise appropriated.

Sec. 14. And be it further enacted, That the sum of ten dollars be allowed Nathan Sargent of Dallas county for prosecuting a negro man slave, for murder in Dallas county.

Sec. 15. And be it further enacted, That the sum of sixteen dollars be and is hereby, allowed to John Sivley, jailer of Morgan county, for keeping negro Stephen in the jail of said county, to be paid out of any money in the Treasury, not otherwise appropriated.

Sec. 16. And be it further enacted, That the sum of seventy four dollars be allowed Alexander McAlpin, for surveying and platting lands reserved for the University in the county of Greene; to be paid out of any money in the Treasury, belonging to the said University.

(Approved, December 19, 1821.)

___________

AN ACT

To repeal part of an Act 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 fourth section of an act entitled "an act for the relief of the tax collector of Lauderdale county, and for other purposes" - passed at Cahawba, December twentieth, eighteen hundred and twenty, be, and the same is hereby repealed.

(Approved, November 27th, 1821.)


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AN ACT

Supplementary to an Act entitled an Act for the collection of Monies due the State, and for other purposes, passed December 16, 1820.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the County Court of Dallas county be, and the same is hereby, vested with the same powers for the collection of debts due this State that are now vested in the Circuit Court of Dallas county; and that the proceedings in said court in such cases, shall be the same as are now provided by the act to which this is an amendment.

[Approved, December 3rd, 1821.]

AN ACT

To amend an Act, entitled an Act to establish the Temporary Seat of Justice in certain counties therein named.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That David Busheurt, Aaron Rice, and _____ Barnet near the mouth of Paint Rock river be, and they are hereby, appointed commissioners, in addition to those already appointed, to establish the temporary seat of justice in the county of Decatur and to be governed by the same rules, and to possess the same powers, that are provided for the commissioners in the above recited act.

[Approved, December 17th, 1821.]

AN ACT

To authorize the Judge of the county court of St. Clair, to levy a tax to reinunerate John Cunningham.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the Judge of the County Court of St. Clair county be, and he is hereby authorized and required to levy a tax sufficient to raise the sum of one hundred and forty one dollars; and the money when collected is to be paid to John Cunningham, being a balance due him for creating a temporary jail for said county. This act shall commence and be in force, from and after the first day of January next.

[Approved, November 27th, 1821.]

AN ACT

To amend an Act, entitled an Act in incorporate the Indian Creek Navigation Company.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the Indian Creek Navigation Company be and they are hereby authorized and empowered, to collect toll on so much of said contemplated improvement as may be ready and fit for use, in the same proportion and at the same rates that are allowed by the act to which this is an amendment.

[Approved, December 6th, 1821.]


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AN ACT

To incorporate the town of Demopolis, in Marengo County.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the town of Demopolis, in the county of Marengo be, and the same is hereby, incorporated and that all that tract of land included in the plan of said town, be and the same is hereby, declared to be within the limits of the same, in conformity to said plan.

Sec. 2. And be it further enacted, That on the first Monday in April in each and every year, an election shall be held at the most public and convenient place in said town for seven Councillors, who shall serve for the term of one year, which election shall be conducted by any two of the then acting Councillors; and the said Councillors shall, on the day succeeding their election, in each and every year, meet and designate by a majority of votes, from their own body, an Intendant, whose duty it shall be to preside at all meetings of the Councillors, and in his absence or incapacity to attend any member may be called to the chair: and a majority of said board of Councillors, shall constitute a quorum to do business. And the said Beard is hereby constituted and declared to be a body politic and corporate by the name of The Intendant and Council of the Town of Demopolis and by that name shall have and enjoy all the rights, powers and privileges and be subject to all the liabilities that are incident to bodies corporate.

Sec. 3. And be it further enacted, That the said corporation shall have full and complete power to make such by laws and ordinances as they may think proper, for the good government of said town, and to affix such fines and penalties as may be deemed necessary to enforce the same: Provided, said laws and ordinances be not repugnant to the constitution and laws of this State, and of the United States.

Sec. 4. And be it further enacted, That the corporation shall be authorized to raise a revenue to carry into effect all the objects of the corporation, by laying a tax on all town lots, houses, pleasure carriages, sales at auction, and on all species of merchandize, vended or sold by the merchants of said town: Provided, That said tax shall not exceed one half of the county tax.

Sec. 5. And be it further enacted, That the said corporation shall appoint a constable, and such other officers, as they may deem expedient.

Sec. 6. And be it further enacted, That the said Intend-ant shall, ex officio, be vested with all the powers and authorities that Justices of the Peace are, by the laws of this State and shall and may exercise the same within the lim-


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its of the said town of Demopolis. And the said constable shall be visited with all the powers and authorities, that constables of the county are by the laws of the State, and may exercise the same within the limits of said corporation.---And the said Intendant and Constable shall be liable to the same restrictions and penalties, as Justices of the Peace and Constables of the County, are.

Sec. 7. And be it further enacted, That should any vacancies occur in the said Board, such vacancies shall be filled by the remaining members of the Board; and the member or members so added shall continue in office, until the succeeding election. And the intendant, Councillors, and other officers, shall continue in office until their successors are qualified.

Sec. 8. And be it further enacted, That the said intendant, Councillors, and other officers, shall, before they en ter on the duties of their respective offices, take an oath before some Justice of the Peace, faithfully and correctly to discharge the several duties imposed by this Act, without favour or partiality.

Sec. 9. And be it further enacted, That the said Constable shall not only take the oath required by this Act, but shall, before he enters on the duties of his office, enter into bond with food and sufficient securities, to be approved by the Intendant of the said corporation.

Sec. 10. And be it further enacted, That Allen Glover, Nathan Bolles and John Dickson be, and they are hereby, appointed commissioners, to hold the first election for said Councillors; which election shall take place on the second Monday in January, eighteen hundred and twenty two, at the place designated by this Act.

Sec. 11. And be it further enacted, That the election for the said Councillors of the town of Demopolis, shall commence at the hour of twelve o'clock, and be kept open until the hour of four, in the afternoon: and, that all freeholders and house holders, twenty one years of age, and residing within the limits of the said corporation, be competent to vote for said Councillors.

(Approved, Dec. 15, 1821.)

AN ACT

To incorporate the town of Belle-Fonte, in the county of Jackson.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the town of Belle-Fonte, in the county of Jackson be, and the same is hereby, established and incorporated, including sixty acres, agreeably to the plan of said town.

Sec. 2. And be it further enacted, That an election shall


83

be held at the house of John Hampton in said town, on the first Monday in February next, and on the same day in every year thereafter, to commence at ten o'clock, in the morning, and close at two in the afternoon, for the purposes of electing, by ballot, five councillors, inhabitants of said town, who shall serve for the term of one year after they shall have been elected: the election shall be conducted and managed by a Justice of the Peace, and two house holders in said town, and all subsequent elections shall be conducted by two of the councillors, to be appointed by the board for that purpose. And the said councillors so elected, shall, on the next day after such election, in each and every year, meet and elect by a majority of votes, from their own body, an Intendant, whose duty it shall be, to preside and keep order at all meetings of the said councillors; and in his absence or incapacity, any other member may be called to the chair. And the said councillors shall be, and they are hereby, constituted, a body corporate, by the name and style of The Intendant and Council of the town of Belle-Fonte, and by that name, they, and their successors in office, shall be capable in law, of suing and being sued, of pleading and being impleaded, in all manner of suits either in law or equity; also, to have and keep a common seal, and the same to break, alter and amend at pleasure, and in general to do all acts which are incident to bodies corporate, and to purchase, hold, and dispose of, for the benefit of said town, real, personal, or mixed property, to the amount of ten thousand dollars.

Sec. 3. And be it further enacted, That the said Intendant and council shall possess the same powers, and be subject to the same restrictions, as are provided by law, for the government of the Intendant and Council of the town of Montgomery, passed at Huntsville, the third of December, eighteen hundred and nineteen.

[Approved, Dec. 15, 1821.]

AN ACT

Declaring the Mulberry fork of Tuskaloosa river navigable from its junction with the Sipsie fork to Baltimore.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the Mulberry fork of the Tuskaloosa river from Baltimore to its junction with the Sipsie fork be and the same is hereby, declared a public highway.

Sec. 2. And be it further enacted by the authority aforesaid, That if any person or persons shall create a dam across said river, or fell trees in it, or otherwise obstruct the navigation thereof, shall be liable by law, to all the pains and penalties in such cases make and provided.

[Approved, December 3d, 1821.]