Authorizing the Judge of the County Court of Mobile County to appoint a public Weigher in the City of Mobile.
Whereas, difficulties and disputes frequently arise between the seller and the purchaser of cotton and other articles of merchandize, with regard to the weight, and for the remedy thereof: ¾
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 for the county of Mobile, be, and he is hereby, authorized to appoint one or more suitable persons, not exceeding two who shall be known as a public Weigher for the city aforesaid. And the person appointed a public Weigher as aforesaid, before he enters upon the duties of his office, shall be required to give bond with good and sufficient security to the Judge of the County Court aforesaid, in the sum of one thousand dollars, for the faithful performance of the duties injoined on him by this act; and shall also Take and subscribe an oath, that he will without favor, partiality or affection, discharge the duties of his office.
Sec. 2. And be it further enacted, That the Judge of the County Court aforesaid, shall have power and authority to make such rules and orders for the government and compensation of said public Weigher, as to him may seem meet, and the same to amend and revoke, alter and amend from time to time, as he may deem proper; and whenever the said public Weigher may be called upon by any persons or persons, to weigh cotton, or any other article that may, upon examination thereof, prove to be partially wet or damaged, the said public Weigher shall have full power and authority to decide and determine the loss of weight such cotton or other article has sustained in consequence of being weighed in a wet or partially damaged state; and the said public Weigher shall make such allowance in the actual weight for such wet or damage as may to him appear
equitable and just between the vender and the purchaser, or the parties interested therein; and the returns of cotton or any other article made by the public Weigher aforesaid, after having been weighed at the scales of such public Weigher, shall be binding upon all parties interested therein, so far as regards the weight: Provided, however, that any person or persons whatsoever shall at all times have the right to weigh his or their own cotton, or any other article at their own scales.
Sec.3 And be it further enacted, That the Judge of the County Court aforesaid, on charges preferred by any person or persons feeling themselves aggrieved by the neglect of the said public Weigher, and on affidavit being made in support of the same, it shall be the duty of the Judge aforesaid to summons the said public Weigher to appear before him at such times as he may appoint; giving at least two days notice, and furnishing at the same time a copy of the charges as preferred, to enable him to appear with hi proof; and if on a fair investigation of the charges from the testimony adduced, the said public Weigher shall have been found guilty of any wilful neglect of the duties of his office, then and in the case it is hereby made the imperative duty of the Judge aforesaid to dismiss him from office, and appoint another suitable person to fill the vacancy: Provided always, that the costs of said investigation shall be paid by the party in default: And provided also, that all witnesses shall be entitled to the same pay, and the cost shall be collected as in other cases: Provided also, that it may be lawful for any person or persons who may be injured by the conduct of the public Weigher to put in suit the bond aforesaid, in any Court having jurisdiction thereof and judgment shall be rendered for the penalty of said bond to be discharged by payment of the amount of damages found actually to be sustained, together with costs of suit: Provided, that nothing in this act contained, shall be intended to force persons to have their cotton and other produce weighed by the aforesaid Weigher, or have damages thereon assessed; unless they shall think proper so to do.
For the Relief of John P. Hickman and Richard Ellis.
Sec. 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 clerk of the Circuit Court of Madison county, to make out a full and complete transcript of the record and proceedings, in a suit instituted on the third of August 1819, in the late Supreme Court of said county, by John P. Hickman, against Richard Ellis, and deliver the same to the clerk of the County Court of Madison county, who shall place
the same on the trial docket, at the term next succeeding its reception into his office.
Sec. 2 And be it further enacted, That it shall be the duty of the said County Court to take jurisdiction of said cause, and to try the same as if it had originated in the said County Court.
Sec. 3. And be it further enacted, That the clerk of said County Court, at the time of receiving said transcript, shall issue a notice, in writing, to the Attorney of said Ellis, apprizing him of the transfer of said case, which said notice shall be served by the Sheriff of said county.
Sec. 4. And be it further enacted, That on the decision of said cause, in said County Court, a Writ of Error, or Appeal, shall lie immediately to the Supreme Court, and not to the Circuit Court; and that the rules and regulations applicable to appeals and writs of error, from the Circuit Court, shall govern this case.
Sec. 5. And be it further enacted, That the costs which have accrued, and may hereafter accrue in said cause, shall abide its ultimate decision, and shall be paid by the party, against whom it may be decided.
To empower the County Court of Tuscaloosa, to appoint a Jury to view a Public Road, leading from the South end of Market Street, in the Town of Tuscaloosa.
Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That upon petition, the County Court of Tuscaloosa shall have power to appoint a Jury, to view a road which has been established from the south end of Market street, in the town of Tuscaloosa; and the said Jury shall have power to view said road, the distance of three miles, commencing at Market street, and if the Jury be of opinion, that said road can be run on other ground without inconvenience to the public and of less injury to the lands of individuals, they shall report the same to the court, subject to the same rules and regulations of the laws now in force, relating to public roads.
To alter and amend an Act extending the jurisdiction of the County Court of Mobile County, passed the 17th day of December, 1821.
Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That hereafter, the Judge of the County Court of Mobile, shall hold a court on the first Mondays in January, March, June, July, September, and December, in every year, for the trial of all cases of assault and battery, affrays, breaches of the peace, and of petit and grand larceny; which said court shall continue in session, if business so require, six judicial days and no longer.
Sec. 2 And be it further enacted, That it shall be the duty of the Sheriff of said county, as soon as may be convenient, after the passage of this act, and every twelve months thereafter, to make out a correct list of all persons liable to serve on Juries,
within the corporate limits of the city of Mobile, and within six miles thereof, and return the same to the clerks office of said court.
Sec. 3. And be it further enacted, That when the said list shall have been returned by the Sheriff aforesaid, eighteen names shall be drawn therefrom, which shall compose the original panel, either in open court, or at any time five days previous thereto, by the Clerk and Judge, or by the Clerk and Sheriff; and who shall be summoned at least two days previous to the day of court.
Sec. 4. And be it further enacted, That if any Juror shall fail to attend, in obedience to his summons, he shall be liable to the same penalties, as he would be in failing to attend on the Circuit Courts.
Sec. 5. And be it further enacted, That in case the yellow fever, or other malignant disease, should prevail in the said city of Mobile, then, and in that case, it shall be the duty of the Judge to adjourn the court to some convenient and healthy place, not more than six miles from the city, by giving public notice of the place, in some of the newspapers printed in the city.
Sec. 6. And be it further enacted, That the said County Court shall, in all cases, be governed by the same laws and rules of practice which govern the Circuit Courts of this state: except, where the same is altered by this act, and the act to which this is intended as an amendment.
Sec. 7. And be it further enacted, That all acts or parts of acts, coming within the meaning and perview of this act, be, and the same are hereby, repealed: Provided, that the Judge of the County Court, for the county of Mobile, shall have jurisdiction of all offences against the laws of this state, except where the punishment is capital.
For the trial of the right of Property taken by virtue of an Execution or Attachment, and claimed by any person not a party to the Suit.
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 January next, in all cases where property shall be taken by virtue of an execution or attachment, when the sum claimed doth not exceed fifty dollars, the person or persons claiming the same, and not being a party to the suit, may apply to some Justice of the Peace for a venire facias directed to the constable or other officer, to summons seven good and lawful jurors to attend at such time and place as he the said Justice shall appoint, not less than five nor more than ten days from the time of issuing the same: Provided always, that the said Justice of the peace, before he issues his venire facias, shall require the claimant to make oath or affirmation of his right to the property; and if the Jury shall find the property liable to the execution, the person or persons laying claim, shall pay the cost of said trial, and execution may issue therefor; But if the property shall be found to be the property
of the person laying claim, the plaintiff shall pay the costs which shall be to the Justice of the Peace, for issuing the venire facias, fifty cents, for attending on the trail, fifty cents; to the constable for summoning the Jury and attending the trial, one dollar and fifty cents.
Sec. 2. And be it further enacted, That the jury so summoned, when they appear at the place appointed, shall take the following oath, viz. "We and each of us do solemnly swear, (or affirm, as the case may be,) that we will well and truly inquire into the right of the property now held, by execution or attachment, (as the case may be) and a true verdict give, according to evidence, so help me God" Provided always, that if any of the Jurors summoned as aforesaid, fail to attend, the Constable shall complete the number from the by-standers; and the verdict of the Jury shall be returned to the Justice who shall enter judgment thereon; and if either party be dissatisfied with such judgment, they shall be entitled to an appeal to the next Circuit Court, where the trial shall be had the first term by an issue made up by the parties or their counsel.
Sec. 3. And be it further enacted, That where it may appear to the satisfaction of the Jury, that the claim was set up for the purpose of vexation or delay, the Jury shall assess the damage not exceeding fifteen per cent. on the amount of the plaintiffs claim.
Sec. 4. And be it further enacted, That any person being returned as a Juror, to try the right of property as aforesaid, and failing to attend, the shall be the duty of the Justice attending said trial, to assess a fine on said Juror, not exceeding five dollars; but if said Juror shall attend within five days, and render a sufficient excuse to the Justice aforesaid, his fine shall be remitted; and any witness failing to attend and give evidence, when legally summoned for that purpose, shall be liable, in like manner, to a fine not exceeding five dollars; which fines shall be collected by the Constable, and paid to the county treasurer.
Sec. 5. And be it further enacted, That all acts and parts of acts, coming within the perview and meaning of this act, be, and the same is hereby repealed: Provided, that nothing herein contained, shall be so construed, as to prevent the party, in whose possession the property is levied on, to retain that possession under the rules and regulations heretofore prescribed by law.
To provide for drawing Petit Jurors to serve in the Circuit Courts of the County of Dallas.
Sect. 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, there shall be drawn in the same mode, now prescribed by law, twenty Jurors to attend the Circuit Courts of the county of Dallas, whose names shall be incorporated in the venire; and they shall be summoned by the Sheriff of said county, to appear on the first day of the second week of the term of said court, to serve six days on the original panel as petit Jurors.
Sec. 2 And be it further enacted, That the persons who are returned on the original panel, and drawn as petit Jurors, on the first day of the term of said court shall, after the expiration of six days of said term, be discharged from further attendance as petit Jurors, during the term of said court.
To authorize the Judge of the County Court and Commissioners of Roads and Revenue of Butler county, to levy a county tax, and for other purposes therein mentioned.
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 and the Commissioners of Roads and Revenue of the county of Butler, be, and they are hereby, authorized to levy a tax on all persons and property in said County, subject to taxation, not exceeding one third of the State tax, which shall be collected by the Tax Collector in the same manner and for the same compensation that the State tax is collected, and paid into the county Treasury; and shall be appropriated by the said Judge and Commissioners for county purposes.
Sec. 2. And be it further enacted, That from and after the passage of this act, the town of Buttsville, in the county of Butler, shall be called and known by the name of Greenville.
Sec. 3. And be it further enacted, That all rights, claims and contracts, as well of individuals as of bodies corporate, shall continue as if the name of Buttsville had not been changed.
Sec. 4. And be it further enacted, That it shall be the duty of the commissioners appointed by law, to fix upon a seat of Justice for the county of Butler, on or before the first Monday in May next, and annually thereafter to make a fair and correct statement, in writing, to the Judge of the County Court and the Commissioners of Roads and Revenue of said county, all the town lots which shall have been sold for the use of said county, in the town heretofore known by the name of Buttsville, and of all the monies which may have been collected, and the several sums due them as commissioners aforesaid, and of such other things in relation to their proceedings as they may deem necessary; or as the said Judge and Commissioners may require. And it shall be the duty of the Judge and Commissioners aforesaid, to make a record of the same in a book to be kept by their Clerk for that purpose; and to allow to the said Commissioners all expenditures which shall have been incurred by them, in managing the business of said town. And it shall moreover be the duty of the Commissioners aforesaid, when they shall have completed the public buildings which they are authorized by law to erect and paid the expenses of the same without delay, to account to the Judge and Commissioners aforesaid; and after deducing all disbursments and their own compensation, pay over the balance of public money, if any in their hands arising from the sales of lots in said town, into the County Treasury of said county, to be appropriated
by the Judge and Commissioners aforesaid, to county purposes.
Sec. 5. And be it further enacted, That all laws contravening the provisions of this act, be, and they are hereby repealed.
To repeal in part, and amend an act, entitled an act, supplementary to an act, to establish a State University.
Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the present Board of Trustees of the University of Alabama, shall continue in office for the term of three years, from the time of their election and until their successors shall be duly elected and qualified.
Sec. 2. And be it further enacted, That it shall be the duty of the General Assembly to fill all vacancies in the board of Trustees which shall happen by the expiration of the term of service, death, resignation or otherwise, at the next session after such vacancy shall happen: Provided, That should any vacancy happen during the recess of the General Assembly, the board of Trustees shall have the power to fill the same by an election, which shall continue until vacated by an election to be made by the General Assembly at their next session.
Sec. 3. And be it further enacted, That so soon as the site of the University shall be selected, there shall be six additional Trustees elected by the General Assembly, who shall reside within fifty miles of the University, and whose term of office shall expire with that of the present Trustees.
Sec. 4. And be it further enacted, That at the expiration of the term, for which the present Trustees are elected, the Legislature shall proceed to the election of six Trustees, who shall reside within fifty miles of the University, and of two other Trustees, from each Judicial Circuit within the State, who, together with the Governor of the State, shall form the Board of Trustees, and shall continue in office during the pleasure of the Legislature: Provided, also, that the six additional trustees to be thus chosen, shall have no power to vote upon the subject of any appropriation of the funds to be employed for the buildings to be erected in pursuance of this act, until six months after the same shall have been commenced.
Sec. 5. And be it further enacted, That there shall be a stated annual meeting of the Trustees, to be held at the time of conferring degrees and that the President of the University, together with two of the Trustees or three of the Trustees without the President, shall have full power to call an occasional meeting of the Board, whenever it shall appear to them necessary: Provided, that reasonable
notice by mail or otherwise be first given to all the other Trustees, specifying the cause or causes of such meeting; And provided also, That no other business shall be transacted by the board, than that specially assigned as the cause of the meeting, unless at least seven of the board shall concur therein.
Sec. 6. And be it further enacted, That at all meetings of the trustees, a majority shall be capable of doing and transacting all the business and concerns of the University, except such as is herein excepted; they shall have the power of electing all the necessary and customary officers of said institution; of fixing their several salaries, and of removing any of them for neglect or misconduct in office a majority of the whole number of Trustees concurring in said removal: Provided, That no permanent election of any officer shall be made, or salary be fixed at any other than the state annual meetings of the Trustees; but all elections which shall be made at any called meeting, shall expire at the end of the next stated meeting; they shall have the power of prescribing the course of studies to be pursued by the students, and of framing and enacting of all such ordinances and by-laws as shall appear to them necessary for the good government of the University and of their own proceedings: provided the same be not repugnant to the laws of the United States and of this State.
Sec. 7. And be it further enacted, That the head of the said University shall be styled the President; and the Instructors, the Professors; and the President and Professors while they remain such, shall not be capable of holding the office of trustee: and the president and professors, or a majority of them, shall be styled The Faculty of the University; which Faculty shall have the power of enforcing the ordinances and by-laws adopted by the trustees for the government of the students, by awarding or censuring them, and finally by suspending such of them, as after repeated admonitions, shall continue disobedient or refractory, until a determination of the board can be had : And it shall be in the power of a majority of the trustees present, at a state meeting, to expel any student or students.
Sec. 8. And be it further enacted, That the title of the lands which this state has received as a donation from the congress of the United States for a seminary of learning be, and the same is hereby vested in the said trustees and their successors in office, to be appropriated in the manner hereinafter directed, to wit: The said lands shall be sold at public auction at such times and places as the said trustees shall direct, or have by ordinance heretofore directed, at a price not less than seventeen dollars per acre;
one fourth part of the purchase money shall be paid down at the time of sale; one eighth part in one year thereafter with interest at the rate of six per cent per annum; one eighth part in, two years after said sale, with interest as aforesaid; and the residue of the purchase money shall be paid at the expiration of eight years after said sale, with interest as aforesaid, payable annually, to commence at the day on which the third payment shall become due: Provided that the said trustees shall have power to lay off town lots at any place they shall deem expedient, and to dispose of the same on such terms, and under such regulations as they shall prescribe: Provided that the said lots when so laid off, shall not sell for a less sum than the minimum price herein expressed: And each and every purchaser shall, moreover, at the time of said purchase, execute his bonds payable to the said trustees and their successors in office, conditioned for the true and punctual payment of the purchase money and interest thereon, according to the terms of said sale.
Sec. 9. And be it further enacted, That the said trustees upon receiving from any purchaser of any tract or parcel of land which may be sold as aforesaid, duly fourth part of the purchase money so required to be paid as aforesaid, and the bonds conditioned as aforesaid, duly executed, shall issue to said purchaser, a certificate under the seal of the trustees, that the purchase of such tract of land has been made by the purchaser, that he has paid one fourth part of the purchase money, and that he has given bonds according to law, and declaring that upon the punctual payment of each and every one of the remaining instalments, with the interest thereon, the amount of each of which shall be specified in such certificate, they will convey such tract of land to such purchaser, his heirs or assigns; and should such purchaser assign such certificate, the assignee shall possess all the rights which may have been vested in his assignor: Provided, that the purchaser of any tract of land as aforesaid, his heirs or assigns, shall have the liberty at any time within the period of credit herein before given f the land shall not have been forfeited, of paying to the said trustees the whole amount of principal and the interest then due upon said purchase; upon which payment, the said trustees shall convey to such purchaser, his heirs or assigns, a title in fee simple to said land.
Sec. 10. And be it further enacted, That should any purchaser of any tract of land as aforesaid, the heirs of the assignees of such purchaser, fail to make punctual payment of the amount of principal and interest, or of in-
terest which may become due on said tract of land, the said tract of land shall be absolutely forfeited to the said trustees with the money paid thereon; and the said trustees may, and they are hereby authorized, after the expiration of three months from the time of said forfeiture, to dispossess any person or persons who may be in possession of such tract of land by the writ of unlawful detainer, saying in every case of a forfeiture, the growing crop to the occupant: Provided, nevertheless, that if the said trustees shall within the said period of three months institute a suit upon the bond given for the said purchase, in that case the said forfeiture shall not accrue a failure of said suit, to coerce the payment of the money due as aforesaid; which failure shall be ascertained by a return of non est inventus, to a capias ad respondendum or of nulla bona to a fieri facias.
Sec. 11. And it be further enacted, That at the expiration of the term of credit or within three months thereafter, herein before prescribed upon the sales of said lands, the purchaser, his heirs or assigns, shall have the right upon the payment of all interest the due upon said purchase, and upon surrendering up the certificate of purchase, to convert said purchase into a lease for ninety-nine years renewable forever, upon condition that the lessee, his heirs, executors, administrators or assigns, shall pay to the said trustees interest at six per cent. per annum, upon the amount of the original purchase money due at the time of converting said sale into a lease.
Sec. 12. And be it further enacted, That upon the election as aforesaid of any purchaser, his heirs or assigns, of any tract of land sold as aforesaid, to convert said sale into a lease as aforesaid, the said trustees shall execute to such lessee a deed of lease, specifying the terms thereof as aforesaid, which lease shall be assignable by said lessee, and the said assignee shall possess all the rights which may have been vested in his assignor.
Sec. 13. And be it further enacted, That the said Trustees shall forever have the right to distrain any personal estate belonging to the lessee, his heirs, assigns, or the tenant in possession of any tract of land so leased, for the payment of the interest as it shall become due on said lease, in such manner as shall be prescribed by law; and the personal estate of said lessee, his heirs, assigns, and the tenant in possession, shall always be liable in preference of other debts, for the payment of the interest due on the lease, and upon a failure of payment of the whole, or any part of the interest due on said lease, upon a distringas, for that purpose to be issued, the lessee, his heirs or assigns, shall forfeit all
right and interest, in and to the land so leased, together with all sums of money which may have been paid for the purchase and lease of the same: And all lands thus forfeited, shall be sold by the trustees to the highest bidder at public auction, for ready money, two months public notice being first given of the time and place of such sale, and after paying the amount due upon the original purchase together with all interest due to the said trustees, up to the time of sale, with all costs and expenses of sale¾ the remainder if any, shall be paid to the lessee, his heirs, executors, administrators or assigns, who may be entitled to receive the same; and the person purchasing, according to the provisions of this section, shall enure to all the equity, and be subject to the same rules as are herein before prescribed for original purchasers or lessees: Provided, that all lands forfeited by a failure of the payment of either the purchase money or interest, shall never be sold for a less sum than is due and unpaid on said land, agreeable to the terms of the original sale or lease, (as the case may be,) and all forfeited lands which may be offered for sale, and shall not bring the amount due on account of the purchase money and interest, shall forever remain the property of the trustees, and their successors in office, subject to the same rules and regulations as other lands belonging to the State University.
Sec. 14. And be it further enacted, That the said trustees shall have the power to rent, from year to year, such part of the lands as shall not be sold at the public sales, as aforesaid, in such manner as they shall by ordinance prescribe; and the monies which shall be due thereon, shall be recoverable in such manner as shall be prescribed by law.
Sec. 15. And be it further enacted, That it shall be the duty of the trustees, whenever a sale of lands is to take place, to appoint three of their own body, who or any one of whom, together with such other trustees as may attend, shall be superintendents of said sale; and in case there shall be a failure of the agent to attend and conduct the sale, the trustees so attending, shall have power to appoint another agent, and to take his bond and approve of his security; and the board of trustees shall have power at all times, when they may deem it expedient, to remove any agent, and appoint another in his place.
Sec. 16. And be it further enacted, That the estate both real and personal of the said Corporation shall be free and forever exempt from taxes, and the persons of all officers, servants and students belonging to said University, shall, during their continuance there, be exempt from taxes, serving on juries, working on roads, and ordinary military duty.
Sec. 17. And be it further enacted, That there shall also be established three branches of said University for Female Education, to be located at such places as may be deemed by the Legislature most for the public good; and the Legislature shall proceed to locate and fix the sites of said branches, at the same time, and by the same manner of election that the site of the principal University is to be located; and said branches shall each be governed by twelve directors, to be elected annually by the Board of Trustees; and the government thereof shall in all respects be according to the by-laws of the University, framed and ordained for that purpose: Provided that not more than one hundred thousand dollars shall be appropriated by said trustees, for the purpose of erecting buildings for said branches.
Sec. 18. And be it further enacted, That a sum not exceeding fifty thousand dollars in the discretion of the trustees, of the monies which may be received from the first payments of the lands sold, be, and the same is hereby appropriated and set apart, for the erection of the necessary buildings of the said University; and that the interest arising from the last payments, to be made upon the sales of the lands as herein before provided to be sold, shall be set apart and vested as the same may be received in the Stock of the United States, and applied exclusively to sinking the amount of money hereby appropriated to the erection of the buildings as aforesaid, until the amount so invested which the same shall be considered as capital stock, and shall never thereafter be diminished.
Sec. 19. And be it further enacted, That the residue of the sum, after deducting the sum which may be expended in the erection of the buildings as aforesaid, which may be received from the payments on the sales of the lands, shall be invested by the trustees without delay, as the same shall be, in such stocks of the United States, as the trustees may think most profitable: Provided, that a sum not exceeding one hundred thousand dollars, may in the discretion of the Board, be invested in a State Bank, if one shall be established, or in stock of the state, should such be created and the sums so invested, shall be considered Capital Stock, and shall never be diminished.
Sec. 20. And be it further enacted, That the interest to be paid by the purchasers of the lands, or the lessees as aforesaid, or which shall be received from the stock which shall be purchased as herein before directed, or so much thereof as may be necessary, shall be appropriated by the trustees, to discharge the current expenses of the Univer-
sity, and the trustees shall report to the General Assembly, once in each year, the state of the funds committed to their charge with such recommendations, with regard to the improvement thereof, as to them shall seem advisable.
Sec. 21. And be it further enacted, That it shall be the duty of the Treasurer and Comptroller of public accounts, to deliver over to the treasurer of the board of trustees, on his application, all sums of money and notes and bonds which may be in possession of either of them, and which they have received from the rent of lands hereby vested in the trustees, or which they may hereafter receive, and the treasurer of the trustees shall give his receipt for the same; and the monies so received, shall be subject to the order of the trustees; and the trustees are hereby authorized to sue for and collect all sums which are now due, or which may hereafter become due from the notes or bonds which shall be so received by the treasurer of the said trustees, to be by them appropriated to the use of the University: Provided, that any monies that are now in the hands of the comptroller treasurer of public accounts, belonging to the State University, shall be subject to the call of the trustees, until the treasurer of the board of trustees shall be duly authorized to receive said monies.
Sec. 22. And be it further enacted, That the trustees shall also have the power to sue for and collect all sums of money which are now due, or which may hereafter become due from such persons as have or hereafter shall occupy any of the lands hereby vested in said trustees, without a lease from said trustees.
Sec. 23. And be it further enacted, That all acts and parts of acts contrary to this act, be, and the same is hereby repealed.
Sec. 24. And be it further enacted, That the twenty-second section of the act to which this is an amendment, be, and the same is hereby appealed.
For the Relief of the Huntsville Bank.
Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That by the solemn pledge of the Directors of the Planters and Merchants Bank of Huntsville, to the Legislature and the country, that this Bank will in the course of the ensuing year, eighteen hundred and twenty-three, resume specie payments with ability to meet all its engagements, the further prosecution of the writ of quo warranto against said Bank shall be stayed and suspended until the first day of March next; and if on or before said
day a majority of the Stockholders, both in number and scale of voting as prescribed by the Charter of said Bank, and also a majority of the Directors to be elected for the ensuing year, together with the President of the Board, shall renew the pledge and assurance to resume specie payments, and to continue the same with ability to meet all its engagements within the year eighteen hundred and twenty-three: And provided, the said President and Directors, or a majority of them, shall, when called on to do the same, execute a bond or obligation with good and sufficient security in double the amount of the revenue assessed within their respective counties, to each and every Collector of the Revenue for the following counties, to wit: Jackson, Decatur, Madison, Limestone, Lauderdale, Franklin, Marion, Lawrence, Morgan, Blount and St. Clair, conditioned that they, the said President and Directors, will well and truly redeem with specie, or the notes of specie paying Banks, which are receivable in the Land Offices in this State, all the notes of the Bank aforesaid on demand, at their Banking House, on or before the tenth day of November next, which the said Collectors may receive in payment of taxes at par, within the said counties, they, the said Collectors, being required to make oath to the same; or that the said Bank shall resume specie payments generally, on or before the day and ate above written, in either of which events, the obligation of the said President and Directors shall be void; and shall also assent and agree to the modification or amendment to the Charter of said Bank, contained in the second section of this act; which pledge and assent, shall be signed by the President, Directors and Stockholders, or a majority of each, and transmitted to the Governor of this state, and a copy thereof to the Solicitor of the District in which the writ is pending; then and in that case, the proceedings on said writ shall remain suspended, until the first day of January eighteen hundred and twenty-four: Provided, that nothing in this act contained, shall be so construed as to authorize the bills of said Bank to be received into the Treasury, until it shall resume specie payments generally; after which resumption of specie payments, said notes shall be receivable as the notes of other specie paying Banks of this state.
Sec. 2. And be it further enacted, That if at any time after the first day of January, eighteen hundred and twenty-four, the said Bank shall fail or refuse to pay specie for any note or notes it may have issued, without the consent of the General Assembly of this state first obtained, authorizing the suspension of specie payment, then and in
that case, the Charter of said Bank shall be forfeited; and if at any time subsequent to the first day of January, eighteen hundred and twenty-four, the Governor shall ascertain by note regularly protested for non-payment, that said Bank had refused to pay specie for any note it has issued, or may issue, then and in that even, he is hereby authorized and required, to issue his proclamation, declaring the said Charter void.
Sec. 3. And be it further enacted, That the preceding section shall be taken and considered as a part of the Charter of said Bank, so soon as the assent of a majority of the Stockholders, both in number and scale of voting as prescribed by the Charter, and of the Directors and President, shall be transmitted to the Governor of this state, herein before provided.
To legalize the Election of certain Officers in Decatur County.
WHEREAS, it is represented to this General Assembly that on account of the acts of the last General Assembly not having been received, the election of clerks of the Circuit and County Courts and sheriff of Decatur county which was directed to be held on the second Monday in February by an act to establish the temporary seat of justice in the county of Decatur and for other purposes, approved on the thirteenth day of December, eighteen hundred and twenty-one, was by mistake, held on the first Monday in February, instead of the second, as directed by said act, but was in all other respects, held fairly and according to law; therefore.
Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That said election shall be valid to all intents and purposes, and all the official acts of those who were elected sheriff and clerks as aforesaid, shall be as good, legal and valid, as if said election had taken place on the said second Monday in February.
Sec. 2. And be it further enacted, That this act shall be in force from and after the passage thereof.