For the relief of the Master builders and mechanics of the State of Alabama.
Sec. 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 first day of July in the year
of our Lord one thousand eight hundred and twenty-one Master builders, and Mechanics of every denomination, in the State of Alabama, contracting and engaging to put up and erect buildings of every description, or engaging to perform jobs of work, on any such buildings shall be entitled to, and shall have a lien on all such buildings as they may put up or erect, or work upon, until the compensation for services, shall be fully paid and satisfied to the amount agreed upon between the contracting parties, unless a contrary stipulation be expressly agreed upon at the time the contract is made and executed.
Sec. 2. And be it further enacted, That the persons aforementioned shall enforce the aforesaid lien, only in the following cases, that is to say: 1st where the contract shall be reduced to writing and signed by the parties making the same. Secondly, where the amount shall be liquidated between the contracting parties, and net balance be struck in favor of the person contracting to perform work as aforesaid, or to find or provide materials. Thirdly, where the contracting parties refer the matters in controversy between them to arbitration, and an award be made in favor of the master builder or mechanic. Fourthly, when the judgment of a competent tribunal shall be rendered in favor of the Master builder or Mechanic; it being well understood that should their claim be contested, even where a net balance be struck, they shall proceed according to the due course of law to judgment and execution; as also where they refer their matters in dispute to arbitration, and an award be made in their favor, unless the contrary be expressly stipulated or where such award is made under a rule of Court from the competent tribunal.
Sec. 3. And be it further enacted, That all contracts entered into pursuant to the provisions of this act, shall be recorded in the Clerk's office of the inferior or county court for the county where the contract shall be made, with in thirty days after their execution, for the inspection and examination of all persons whom it may concern; otherwise the party in whose favor the same shall be made, shall lose the benefit of his privilege and lien, and shall be in the same situation as if this act had not been passed.
To incorporate the town of Hazle Green in the county of Madison.
Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the town of Hazle Green, in the county of Madison, be , and the same is hereby established and incorporated, within the following boundaries, to wit: beginning at a marked line on the meridian road near Robert Irwins' Store, and running north one half mile, so as to include all the space contained in one fourth of a mile east and west of said road.
Sec. 2. And be it further enacted, That there shall be holden in the said town of Hazle Green, an election on Election of the first Saturday in August next, and on that day in each Com'rs and every succeeding year, between the hours of ten o'clock in the forenoon, and four o'clock in the afternoon for the purpose of electing five persons, inhabitants of said town, to act as trustees thereof; a majority of whom shall constitute a quorum to do business: and the said trustees shall elect from their body a President, who shall preside at their meetings: They shall also appoint a Treasurer and Constable, who shall serve for one year.
Sec. 3. And be it further enacted, That Trustees when elected are hereby empowered to superintend the police of said town, by passing such bye-laws not contrary to the laws of the United States or of this State, as they may think proper, for the government of said town, and for the suppression and removal of nuisances, laying off and repairing the Streets and highways, also to assess such taxes on all property lying within the limits of said town, as they may think proper, for all the purposes of a proper police. said assessment of taxes not to exceed one half the amount of the State tax paid on such property; which taxes shall be collected by the town constable in the same way, and in such manner as the state taxes are collected by the Sheriff.
Sec. 4. And be it further enacted, That every free white male of the age of twenty-one years, who has resided in the limits of said town three months previous to the election of the trustees, shall be entitled to vote for trustees.
To fix the permanent seat of justice in the county of St. Clair, 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 shall be the duty of the sheriff of the county of St. Clair at the time and places of holding the next general election to open a poll for upper Catawla town and lower Catawla town and to receive the votes of the qualified electors of said county for the two places, above mentioned, and it shall be his duty and the officers conducting the election of members of the General Assembly to count out said votes and make proclamation of the number of votes given in for each place, and whichever place, has the greatest number of lawful votes shall be and is hereby declared to be permanent seat of Justice for the said county of St. Clair.
Sec. 2. And be it further enacted, That John Massey, John Ash, John Cunningham, Joel Chandler, and George Shotwell be and the same are hereby appointed commissioners to let out and superintend the building of a Court House and Jail for said county, at the place which may be elected according to the first section of this act.
Sec. 3. And be it further enacted, That Vaughans place be nominated as one place for the seat of justice for said county.
Sec. 4. And be it further enacted, That all acts and parts of acts contravening the provisions of this act shall be and they are hereby repealed.
Sec. 5. And be it further enacted, That Thomas Carson and Simeon Donald, be, and they are hereby appointed Commissioners in addition to those appointed by an act of the General Assembly, entitled "an act to establish and fix on a scite for the sat of justice for Wilcox county," passed at Cahawba, on the 8th of December, eighteen hundred and twenty, whose duty it shall be in conjunction with the former commissioners, or a majority of the whole, to fix on a scited for the seat of Justice in Wilcox county, in conformity with the above recited act.
Sec. 6. Be it further enacted, That the commissioners heretofore appointed for selecting a scite for the seat of Justice in Perry county, shall be authorised to select any place on the west side of Cahawba river, and within one mile thereof in said county, and such place so selected and approved by the county court, shall be and remain the permanent seat of Justice for Perry county.
To incorporate the Most Worshipful Grand Lodge of ancient Free Masons of Alabama and its Masonic Jurisdiction.
Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That Major General Thomas W. Farrar, Grand Master and others the officers and members of the Most Worshipful Grand Lodge of ancient Free Masons of Alabama, and the subordinate Lodges under its Jurisdiction, and the several persons who now are or shall hereafter be members respectively of said Grand Lodge or the subordinate Lodges under its Jurisdiction, shall be and they are hereby declared to be a body politic and corporate in name and in deed by the name and style of the "most Worshipful Grand Lodge of ancient Free Masons of Alabama and its Masonic Jurisdiction." and by the same name shall have perpetual succession of officers and members and a common seal with power to change, alter and make new the same as often as the said corporation shall judge expedient.
Sec. 2 .Be it further enacted, That the said society and the Lodges under its Jurisdiction shall be able and capable in law to purchase, have, hold, receive enjoy possess and retain to itself or any Lodge under its jurisdiction or any of them in perpetuity, or for any term of years any lands, tenements or hereditements of what kind or nature so ever not exceeding the value of twenty thousand dollars and to self, alien, exchange or demise or ease the same or any part thereof as the said corporations shall think proper, and by the same name to sue and be sued to plead and be impleaded, answer and be answered unto in any court of law or equity in this state, and to make such rules, orders and bye-laws not repugnant to the laws of this state, as may be necessary for the order, rule, good government and management thereof and it shall and may be lawful for the said society to constitute, subordinate Lodges and to do all other things concerning the government, the estates, monies and revenues of said Grand Lodge and subordinate Lodges.
Sec. 3. And be it further enacted, That it shall and may be lawful for the aid corporation to take and hold forever any charitable donation on devises and bequest of lands not exceeding ten thousand dollars and to appropriate the same for the benefit of said corporation in such manner as may be determined by the same.
Sec. 4. And be it further enacted, That the said corporation shall be capable in law to have hold and receive, possess and enjoy all such estates real and personal, monies, goods, chattels and effects which may be devised or be-
queathed thereto, by whatever name such gift, devise or be quest may be made, and to receive subscriptions and other contributions.
Sec. 5. And be it further enacted ,That this Act shall be deemed and taken as a public Act, and notice thereof shall be taken in all the Courts of Justice, and elsewhere in this State, and shall be given in evidence on any trial of any issue or cause, without special pleading.
Sec. 6. And be it further enacted, That this Act shall take effect, from and after the passage thereof.
To reduce the expenses of the General Assembly, 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 President of the Senate, the Speaker of the House of Representatives, shall be entitled to receive six dollars per day; and each other member shall receive four dollars for every days attendance at the General Assembly, and shall be allowed four dollars for every twenty miles traveling to add from the General Assembly, and in that proportion for a shorter distance, and if any member shall be detained by sickness after leaving home, in coming to, or be unable to attend the house after he arrives at the place where the General Assembly shall sit, he shall be entitled to the same daily allowance of an attending member.
Sec. 2d. And be it further enacted, That the clerk of the House of Representatives, and the Secretary of Senate each shall be allowed seven dollars per day; to the assistant clerks of each branch of the Legislature, five dollars per day; for the door-keepers, one to each house, four dollars per day. All acts contravening the provisions of this act shall be and are hereby repealed.
Sec. 3. And be it further enacted, That the several officers hereinafter named, shall receive annually, and payable quarterly for all the duties required of them by law, the following sums, to wit: The Governor, two thousand dollars; the Attorney General, the sum of three hundred dollars; the several Solicitors, one hundred and fifty dollars each. And that this act shall not be so construed as
to effect the salaries of any officers, for the time they may have been elected heretofore.
Sec. 4. And be it further enacted, That the Sheriff of Dallas County, shall be entitled to, and receive out of the public Treasury, in full compensation for his services, three dollars per day for attending the Court of errors and appeals, also such sums as the Court may allow for the rent of the house for the used of said Court, to be paid by the Treasurer, on the certificate of the clerk of said Court.
To authorise executors, administrators and guardians to relinquish lands under the act of Congress, passed the 2d day of March, 1821, 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 it shall or may be lawful for executors, administrators, or guardians, to enter a relinquishment of the lands of their testator intestate, or wards, upon which a part only of the purchase money has been paid, and apply the money paid thereon as the act of Congress of the second of March, eighteen hundred and twenty-one directs.
Sec. 2d And be it further enacted, That it shall be lawful for executors, administrators, and guardians to transfer certificates of land whereon a part only of the payments have been made for the purpose of being relinquished under the said act by the assignee, which transfer shall pass the estate in such land for that purpose, only provided, that previous to such transfer, an order of the justices of the County Court be made directing a sale and transfer or such land, provided also, that a bond shall be given with good security to be approved by said Justices, conditioned for the faithful administration of the proceeds according to law.
Sec. 3. And be it further enacted, That the administrators, executors, and guardians aforesaid, shall be and hereby are made and declared to be the proper representative of the estate of deceased persons to obtain the extended credit allowed by the provisions of said act of Congress.
Sec. 4. And be it further enacted, That the County Court of Lawrence, be and is hereby authorised to impose a tax on the inhabitants of said county in addition, to the tax now authorised by law, not exceeding two thirds of the amount of the state tax; which tax shall be assessed and collected.
in conformity with the laws now in force, regulating the assessing and collecting taxes.
Sec. 5. And be it further enacted, That the said tax, when collected, shall be applied to the payment for building the Court-House in said county, agreeably to the contact made by the commissioners elected for the purpose.
To repeal part of an act therein named, 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 so much of an act passed at Cahawba, on the 30th day of November,1820, entitled an act to appoint commissioners to lay out a road on or near the dividing line between the counties of Madison and Limestone : authorising commissioners therein named, to lay out a road from the north-east corner of a quarter section of land lately owned by William Whitaker, Esquire, to Colonel Burress' Store, be and the same are hereby repealed.
Sec. 2. And be it further enacted, That overseers of public roads in this State shall not be compelled to clear the roads more than twenty feet wide, cutting the stumps so as not to exceed six inches high, any law to the contrary notwithstanding : Provided, nevertheless, that lanes through which public roads may pass, shall at least thirty feet wide.
Sec. 3. And be it further enacted, That an act entitled an act to incorporate the town of Claiborne in the county of Monroe, passed at Huntsville, November twenty-sixth, one thousand eight hundred and nineteen, and the same is hereby repealed.
Sec. 4. And be it further enacted, That the Administrator or Administratrix and Matthew Gayle, deceased, the Administrator and Administratrix of Lawrence Wood, deceased, and the Administrator of William A. Rogers, deceased be and they are hereby authorised to sell and dispose on any land belonging to said estates, to which a complete title has been obtained and to make sale of and transfer, any land certificates belonging to the said estates of Matthew Gayle, deceased, Lawrence Wood, deceased, and William A. Rogers, deceased.
Imposing a tax on Non residents and transient persons, making Sale of Goods, Wares and Merchandise in this State.
Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That all persons not resident citizens of the State of Alabama bringing in or importing goods, wares, merchandise or other commodities for sale, shall, when the same are sold, pay such state, county, city or town tax, on the same as persons residing in this state, are now compelled by law to pay, unless the same be placed in the hands of an Auctioneer for sale, and be afterwards sold by him: any law, usage or custom to the contrary thereof in any wise notwithstanding.
Sec. 2. And be it further enacted, That all persons bringing in or importing, goods, wares, or merchandise, or other commodities as aforesaid shall previous to making sale thereof by themselves or agent, deliver in under oath an estimate of the amount of value of all such goods, wares, or merchandise as he or they may bring in or import into the said ports, subject to taxation by the existing laws, and pay over to the clerks of the County Courts, in which the said ports may be, the said state, county, or city tax on the same, or enter into bond in a sufficient sum, with good and sufficient security, payable to the Chief Justice of the county, into which the same shall be brought, conditioned that he or they will well and truly pay and satisfy such state, county or city tax, as person residing in the State of Alabama for all goods, wares, or merchandise, or other commodities they may actually sell, are now compelled to pay by law on all similar sales of goods, wares, or merchandise, &c. which said clerks shall, where the amount of taxes shall be paid pay the same over to the persons authorized by law to collect the said state, county, or city tax. And when bond and security shall be given he shall place the same in the hands of proper officers for collection, and the amount thereof when by him received, shall be paid over in manner above directed.
Sec. 3. And be it further enacted, Tat the said clerks shall keep a book, into which they shall make regular entries of their proceedings, and publish once in every three months, an estimate of all the taxes paid, together with the names of the persons who shall have paid the same, and they shall receive as compensation for their services in taking bond as aforesaid, the sum of fifty cents, and such per centum on all collections as is allowed by law for collecting the state, county or city tax, and should the sad clerks refuse to perform the services required of them by this act,
the Chief Justice of the county where such refusal shall take place, shall forthwith appoint some fit person to perform said duties, who shall take and subscribe an oath, faithfully to perform the services enjoined on them by this act, and enter into bond with sufficient security, and in a sufficient sum to ensure the correct discharge of the aforesaid duties, which bond shall be made payable to the Chief Justice, making said appointment. And should the condition of any of the bonds provided for, and ordered to be taken by this act be violated, prosecutions shall be forthwith instituted , and carried on to final judgment and execution in the name of the Chief Justice to whom the same shall be given, and against the person or persons contravening the same.
Sec. 4. And be it further enacted, That any and all persons contravening the provisions of this act, shall forfeit and pay the sum of one hundred dollars for each and every offense to be recovered in any Court, having competent jurisdiction of the same, one half to the use of the informer or person suing for the same, and the other half to the use of the county where the offense may be committed.
To authorise licensed Ministers of the Gospel to solemnize the rites of Matrimony.
Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That any licensed Minister of the Gospel of any denomination is hereby authorised to solemnize the rites of Matrimony: Provided, that such minister shall previously comply with the requisites of the law, in such cases made and provided.
Sec. 2 And be it further enacted, That all marriages which may have been solemnized by any licensed minister be, and the same are hereby declared to be legal.
Sec. 3. And be it further enacted, That all laws contrary to the provisions of the first section of this act, be, and the same are hereby repealed.
Amendatory of the laws now in force for the relief of Insolvent debtors.
Sec. 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; when any person may be taken on mesne process, or be taken in actual custody, or be charge in execution, and be desirous to deliver up his or her property for the benefit of his or her creditors, in order to be discharged from arrest or imprisonment, he or she shall enter into bond with sufficient security, for the amount for which he or she shall be taken into custody, or be charged in execution to the Sheriff or other officer arresting such person, or charging him or her in execution, conditioned that he or she will personally appear and make surrender in such manner as it now required by law of his or her property of effects, for the benefit of his or her creditors, at such time and place as may be designated by the Judge or Justices of the county, where such person may make his or her application, or when any person may conceive him or herself unable to pay, satisfy or discharge his or her debts, and may be desirous to exonerate him or herself, from arrest, confinement, or the operation of legal process, and shall make known to any Judge of the circuit courts of this State or to any Judge of the county court, or to the justices of the peace of the county where the application may be made, the names and the residence of his or her creditors, or where they resided when the debts were contracted, and of his or her wish and intention, to exonerate him or herself from imprisonment, arrest or legal process, it shall be the duty of the Judge or Justices to whom the application may be made, to appoint a time and place and to cause at least ten days notice to be given to the creditors, their agents or attorneys if within this State, and if without the State twenty days notice by advertisement in some public papers or papers, near where the creditors resided when the debts were contracted, or by causing notice to be served on them, of the application of the debtor and of the time and place appointed by him or her to make his or her surrender, and to obtain for his or her person, a discharge from arrest or confinement.
Sec.2 . And be it further enacted, That the applicant coming before the Judge or Justices (as the case may be) at the time and place appointed, shall subscribe and deliver in a schedule of his whole estate, and make oath to the effect of that now required by law, in relation to insolvent debtors, with the exception of such articles as are or hereafter by law may be reserved to every family, or be ex-
empted by law from seizure or execution, which schedule and the property therein mentioned shall be disposed of in the manner directed by the existing laws, for the benefit of his or her creditors generally. Whereupon such debtor shall be discharged by warrant from the Judge or Justices to whom the application may be made: Provided nevertheless, that it shall be lawful for any creditor or creditors to prosecute his or their claim or claims to judgment, or by judgment at any time afterwards obtained, to sue out a writ Property of scire facias, and to have execution against any lands or tenements, goods or chattels, which such insolvent person may thereafter acquire or be possessed of, but on person delivering in such schedule, and having taken the oath prescribed by this section, shall afterwards be subject to imprisonment, arrest, or confinement on account of any debts, contracted, due or owing previous to the surrender of his or her property.
Sec. 3. And be it further enacted, That any insolvent debtor who may wish to avail himself of the benefit of this act, and who shall willfully and knowingly make a false return and surrender of his or her property or estate, or any part thereof under the provisions of this act and be convicted thereof, shall be subject to all the pains and penalties prescribed by law against perjury, and shall never thereafter be entitled to the privileges or benefits extended by this act.
Sec. 4. And be it further enacted, That no person in custody shall have the liberty of the prison bounds, who shall neglect or refuse for sixty days to take the benefits of this act.
Sec. 5. And be it further enacted, That all persons ordered to be imprisoned for failing to pay any fine imposed by law, who shall be unable to pay the same, shall have the benefit of this act, subject to the same rules and instructions fit of this applicable to other debtors.
Sec. 6. And be it further enacted, That all acts and parts of acts coming within the purview and meaning of this act, be and the same are hereby repealed.