============

AN ACT

To allow the Trustees of the State University, pay for their services.

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the Trustees of the State University be, and they are hereby allowed the sum of three dollars, each, for each day they may or have been engaged in their duties as trustees aforesaid; also the sum of three dollars for every twenty-five miles travelling to and from the place of their meeting.

Sec. 2. And be it further enacted, That said allowances be paid out of the University funds: Provided, that no trustee shall receive any compensation whatever, after the University has been organized and professors thereof appointed: Provided however, that the said trustees who are members of the Legislature, shall not receive any pay for their services as trustees, whilst they are in attendance as members of the Legislature.

[Approved, Dec. 26, 1822.]

===========

AN ACT

To suppress the evil and pernicious practice of Fire-hunting.

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, it shall not be lawful for nay person or persons to hunt with fire in the night time; and every person convicted thereof shall forfeit and pay for every such offence the sum of fifty dollars, one-half to go to the use of the informer and the other half to go to the use of the county: Provided, that this act shall be construed only to embrace persons hunting deer with a gun and fire at night.

Sec.2. And be it further enacted, That any law heretofore authorizing and permitting fire hunting within four miles of any settlement be, and the same is hereby repealed.

[Approved, Dec. 12, 1822.]

8


58

AN ACT

To divide the State into Districts for electing Representatives to Congress.

WHEREAS by the census of the United States, taken in conformity to the constitution and law thereof, it appears that this state will be entitled to elect three members to the House of Representative of the United States;

Section 1. Be it therefore enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That this state shall be, and is hereby divided into three districts as follow, to wit: That the counties of Madison, Jackson, Decatur, Limestone, Lauderdale, and Lawrence, shall constitute one district, to be called the northern district; that the counties of Tuskaloosa, Pickens, Franklin, Morgan, Blount, Jefferson, St. Clair, Shelby, Bibb, Marengo, Perry, Greene and Marion, shall constitute one district, to be called the middle district; and that the counties of Monroe, Conecuh, Henry, Pike, Covington, Montgomery, Dallas, Wilcox, Butler, Clarke, Washington, Autauga, Mobile and Baldwin, shall constitute one district, to be called the southern district: each of which districts shall be entitled to elect one representative to the Congress of the United States, who shall be chosen by the persons qualified to vote for members of the Legislature of this state.

Sec. 2. And be it further enacted, That the election of Representatives from this state to the Congress of the United States, shall be held at the same time and places; and be regulated and conducted by the same law for holding elections for members to represent the several counties in the General Assembly of this state, and at the same times and places every two years thereafter; all of which elections are to be conducted by the sheriffs or by other persons legally appointed therefor, in like manner as the annual elections of the members of the State Legislature; and the person having the greatest number of votes in any of the aforesaid districts, shall be the member for that district in the Congress of the United States.

Sec. 3. And be it further enacted, That the managers of each election which may be held for the several counties in this state shall, and they are hereby, required to keep a separate box in which shall be deposited the ballots for a representative from this state to Congress.

Sec. 4. And be it further enacted, That immediately upon the close of the elections in each county in this state, the presiding officer at each place of election shall, in the presence of the inspectors, proceed to count in a public manner the ballots, and shall keep an account in writing, the number of votes each candidate or person voted for shall have, and in presence of the inspectors cast up the scrolls and make a correct statement of the number of votes given.


59

thereat, for each candidate or person voted for in each county; which shall be certified by the sheriff or other persons appointed to conduct the elections, and a majority of the inspectors.

Sec. 5. And be it further enacted, That the managers of the several election precincts in each of the counties composing the several election districts throughout this state, where counties have more precincts than one, shall make returns to the sheriffs at the court houses or seats of justice in their respective counties, within two days thereafter, and the managers aforesaid shall return all the tickets so counted out into the election box, together with the clerks’ lists of votes sealed up, to the principal managers at the court house in their respective counties; and it shall be the duty of the said managers to keep said election boxes thus returned to them, for the space of sixty days, at the end of which time, the said votes shall be destroyed by the managers of the elections held at the court houses in each county; unless notice shall be given to said managers, that some part of parts of said election will be contested; then and in that case it shall be the duty of said managers to preserve the same.

Sec. 6. And be it further enacted, That the sheriffs or other returning officers of the counties of each district shall meet on the second Monday in September next after each election, at the court house of the county first mentioned in their respective districts: Provided always, that if any accident shall happen to either of them from meeting on the day aforesaid, the returns of each and every officer shall be received on the second Monday thereafter, and the sheriff or other returning officer failing to attend at the time and place above mentioned, shall forfeit and pay the sum of one thousand dollars, to be recovered for the use of the state by an action of debt in the name of the Comptroller of the state for the time being.

Sec. 7. And be it further enacted, That when the sheriffs or other returning officers shall be convened as aforesaid, the polls for the different counties shall by said sheriffs or other returning officers, (as the case may be,) in presence of two justices of the peace who are to be summoned, or other returning officer of the county where they shall meet for that purpose, be examined and compared, and a certificate under the hands and seals of said returning officers, shall be given to the candidate in each district for whom the greatest number of votes shall have been given in each district, but if two or more candidates shall have an equal number of votes, the said returning officers shall determine which of them shall be the representative.


60

Sec. 8. And be it further enacted, That each and every person who shall be duly elected representative under this act, upon obtaining a certificate of his election, which shall be signed by a majority of all the returning officers of the district, His Excellency the Governor, on such certificate being produced to him shall issue a commission certifying his appointment as a representative of this state, to the Congress of the United States.

Sec. 9. And be it further enacted, That every sheriff or returning officer shall be allowed the sum of three dollars, for every day he shall necessarily attend for the purpose of comparing said polls, and also the amount of his ferriages; which shall be paid by the treasurer of the state, on affidavit of the sheriff or returning officer aforesaid.

Sec. 10. And be it further enacted, That no person shall be eligible as a representative to Congress from any of the aforesaid districts, who is not at the time of his election a resident citizen of the district in which he is elected.

Sec. 11. And be it further enacted, That should the present Congress not allow this state three representatives in Congress, then and in that case, this state shall be, and is hereby, divided into two districts as follow, to wit: The counties of Madison, Decatur, Limestone, Lauderdale, Franklin, Lawrence, Morgan, Marion, Blount, St. Clair and Jefferson, shall constitute one district: that the counties of Dallas, Perry, Greene, Tuskaloosa, Pickens, Bibb, Autauga, Shelby, Montgomery, Henry, Pike, Covington, Wilcox, Butler, Monroe, Conecuh, Baldwin, Mobile, Washington, Clarke and Marengo, shall constitute one district; each of which shall be entitled to elect one representative to the Congress of the United States.

Sec. 12. And be it further enacted, That when any vacancy shall happen by death, resignation or otherwise, in the representation of the people of this state in the House of Representatives of the United States, the Governor of this state or the person exercising the powers thereof, shall issue his writ or writs of election to the sheriffs of the counties of which the congressional district is composed, commanding such sheriffs on a certain day therein particularly expressed, to hold an election to supply such vacancy: and such writs so issued by the Governor shall be delivered to the sheriffs, to whom the same may be directed, at least thirty days before the day appointed for such election, who shall give public notice thereof throughout the county, at least twenty days before such election: and such elections shall be holden and conducted in the same manner as the general elections are, for electing representatives to the Congress of the United States.


61

Sec. 13. And be it further enacted, That the sheriffs of the counties of Madison, Tuskaloosa, and Monroe, shall be the returning officers for their respective congressional districts; and the sheriffs of the other counties of the district shall make return to the returning officers above mentioned: Provided, that should this state be composed of two congressional districts, only, then the sheriffs of Madison and Dallas counties shall be the returning officers of their respective congressional districts; and the sheriffs of the other counties of the districts shall make return to the returning officers herein named.

[Approved, Dec. 31, 1822]

==========

AN ACT

To prevent free Negroes and mulattoes from retailing spiritous liquors, 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 from and after the first day of May next, it shall not be lawful for any free negro or mulatto, either directly or indirectly, to retail any kind of spiritous liquors, within this state.

Sec. 2. And be it further enacted, That any free negro or mulatto, who shall directly or indirectly violate the provisions of this act, shall forfeit and pay the sum of ten dollars for every such offence; recoverable before any court having competent jurisdiction of the same, one half to the informer and the other half to be paid into the county treasury.

Sec. 3. And be it further enacted, That any free negro or mulatto, who shall violate the provisions of this act, after having been once convicted and fined, shall, in addition to the fine imposed by this act, receive for every such offence, such corporal punishment on his or her bare back, not exceeding twenty five stripes, as may be ordered by the court trying the same: Provided, that this act shall not affect any free negro, mulatto, or other person, who, by the treaty between the United States and Spain became citizens of the United States, or the descendants of any such person.

[Approved, Dec. 26, 1822]

============

AN ACT

To set apart a separate fund, for the support of the Poor in each County.

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, together with the commissioners of roads and revenue, in each county in this state, shall, annually, set apart such part of the county tax as they shall deem necessary, for the purpose of creating a fund for the support of paupers within such county; which fund shall be kept separate by the county trea-


62

surer: and no money shall be drawn or paid out of said fund, except by order of said Judge, for the support of the poor within the county; and in that case, it shall be paid to an overseer of the poor, to be by him applied to the purpose for which it is intended: and all overseers aforesaid are hereby required, at the end of the term for which they are appointed, to render an account to the said Judge and commissioners, the manner in which he or they have disposed of the sum or sums of money by them received out of the poor fund, the preceding year; and in case any overseer shall neglect or refuse to render such account to the Judge and commissioners as hereby required, he shall forfeit and pay the sum of _____ dollars for every such neglect or refusal to be sued for by the county treasurer, for the use of the poor of each county.

[Approved, Jan.1, 1823]

============

AN ACT

For the relief of purchasers of lots at the first sale, in the town of Cahawba.

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the benefit of an act entitled an act for the relief of purchasers at the first sale of lots in the town of Cahawba, passed the twenty-eighth day of November, eighteen hundred and twenty-one, be, and the same is hereby extended until the twentieth day of May, eighteen hundred and twenty-three, to all legal holders of lots that failed to apply in the time prescribed by that act: Provided, however, that nothing herein contained shall be so construed, as to exempt such persons failing as above, from paying into the Treasury of the state, the instalment which becomes due on the first day of December, eighteen hundred and twenty-two, pursuant to the provisions of the above recited act, before any such relief is extended.

[Approved, Dec 12, 1822.]

===========

AN ACT

To carry into effect the laws of the United States prohibiting the slave trade.

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the Governor of this state be, and he is hereby, authorized and required to appoint some suitable person, as the agent of the state to receive all and every slave or slaves or persons of colour, who may have been brought into this state in violation of the laws of the United States, prohibiting the slave trade: Provided, that the authority of the said agent is not to extend to slaves who have been condemned and and sold.

Sec. 2. And be it further enacted, That the Governor


63

be, and is hereby required to take such bond or bonds from the said agent or other person, into whose possession the said slaves may be placed, in such amount and with such conditions as he may deem necessary to ensure their safe keeping and proper treatment.

Sec. 3. And be it further enacted, That the said slaves when so placed in the possession of the state, as aforesaid shall be employed on such public work or works, as shall be deemed by the Governor of most value and utility to the public interest.

Sec. 4. And be it further enacted, That such part of the said slaves shall be hired out as will be sufficient to defray the expenditures necessary to the maintenance and support of those employed on the public works as aforesaid.

Sec. 5. And be it further enacted, That in all cases in which a decree of any court having competent authority shall be in favor of any or claimant or claimants, the said slaves shall be truly and faithfully, by said agent, delivered to such claimant or claimants: but in case of their condemnation, they shall be sold by such agent for cash to the highest bidder, by giving sixty days notice in a newspaper printed at Cahawba, Mobile, Tuskaloosa, Huntsville and Florence.

Sec. 6. And be it further enacted, That the money arising from such sale or sales shall be paid into the Treasury of this state, except one-fourth thereof, which shall be paid to the informer if there be one.

Sec. 7. And be it further enacted, That no informer shall be entitled to receive any part of the money arising from any such sales, except by virtue of the decree of the Judge of the Circuit Court of the county into which such slave or slaves may have been first brought; and the Circuit Judges of this state are hereby expressly authorized to try and decide all conflicting claims set up by informers, in relation to said slaves.

Sec. 8. And be it further enacted, That it shall be the duty of the said agent to ask for and demand said slave or slaves of any person or persons, in whose possession they may be found.

[Approved, Jan. 1, 1823.]

==========

AN ACT

To exempt certain persons therein mentioned from serving in the militia of this state.

Sect. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the persons belonging to and serving in The Fire Engine Company, Neptune, number two, in the city of Mobile be, and they are hereby exempted from serving and performing Militia duty in this state, except in time of war, invasion or insurrection: Provided, That the said Fire Engine Company shall not at any time exceed thirty-six members.

[ Approved, Dec. 31, 1822.]


64

AN ACT

To amend an Act entitled, an Act to appoint Commissioners to lay out certain roads therein specified, 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 John Bell, Thomas Armstrong, William Trigg, and Bradley Dear be, and they are hereby appointed additional commissioners to view and mark out a way for a road to commence at the town of Cahawba, to run from thence, on the best, nearest and most direct route the nature of the country will allow, to the town of Pensacola.

[Approved, Dec. 12, 1822.]

===========

AN ACT

To mark out and establish a road leading from the city of Mobile, in the county of Mobile, to Edwin Lewis’s turnpike road, in said county.

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That Nicholas Pope, Joseph W. Moore, Edward Hall, John W. Ward and Hugh H. Rolston, be, and they are hereby, appointed commissioners, or any three of them, to view and mark out a road of the width of one hundred feet, and commencing at the west end of Dauphin Street, in the City and County of Mobile, and running from thence, in as straight a course as the ground will permit, to the commencement of a road, known by the name of Edwin Lewis’s turnpike road; and they, or any three of them, are authorized to appoint an overseer of said road who shall serve for one year, under the penalty of fifty dollars: and that they, or any three of them, are authorized to apportion the hands who are liable by law to work on roads, to work on said road.

Sec. 2. And be it further enacted, That when the above road shall be marked out or opened, it shall be the duty of the said commissioners, or any three of them, to report their proceedings to the county court of Mobile county; and that the above road shall afterwards be considered a public highway; and that any person who shall fence up, fell trees, or otherwise obstruct the same, shall be subject to all such fines, forfeitures and penalties, as are made and provided for, by the laws of this state.

Sec. 3. And be it further enacted, That the said overseer shall warn and call out all persons so apportioned, as is provided by the laws of this State.

Sec. 4. And be it further enacted, That if any person, after being duly warned as aforesaid, shall neglect or refuse, to appear and work, he shall forfeit and pay to the overseer of said road to which he is apportioned, the sum of one dollar, for every day he shall so refuse or neglect to labor; to be recovered in an action of debt, before any justice


65

of the peace of the said county, with costs of suit, and the money when recovered, shall be applied to the repair of said road.

[Approved, Dec. 9, 1822.]

============

AN ACT

To make Appropriations for the year eighteen hundred and twenty-three.

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the following sums of money be, and they are hereby, appropriated to defray the expences of the civil list and other necessary charges of Government, namely: For the pay of the members of the General Assembly, and their expenses at the present session, twenty-five thousand dollars; for the payment of the annual salary of the Governor of this state, two thousand dollars; for the contingent fund, to be subject to the orders of the Governor of this state, two thousand dollars; for the payment of the annual salaries of the Judges of the Circuit Courts, seventeen hundred and fifty dollars each, making ten thousand five hundred dollars; for the payment of the annual salaries of the Secretary of State, Comptroller, and Treasurer, one thousand dollars each, making three thousand dollars; for the payment of the annual salary of the Attorney-General, six hundred and fifty dollars; for the payment of the annual salaries of the Circuit Solicitors, two hundred and fifty dollars each, making twelve hundred and fifty dollars; for the payment of the Adjutant-General, one hundred dollars; for the payment of the Quartermaster-General, one hundred dollars; for the payment of the Secretary of the Senate and Clerk of the House of Representatives, each, seven dollars per day; and for the payment of the Assistant Clerks of both branches of the General Assembly each, five dollars per day; for the payment of the door-keepers of the Senate and of the House of Representatives, each, four dollars per day; to be paid out of any money in the Treasury not otherwise appropriated.

Sec. 2. And be it further enacted, That the Clerk of the House of Representatives be allowed seventy-five dollars for ex-officio services, to be rendered in arranging the public papers and preparing the Journals for the press.

Sec. 3. And be it further enacted, That two hundred dollars be appropriated as compensation to the Secretary of State for copying the Laws and Journals of the present session of the General Assembly and preparing them for the press.

Sec. 4. And be it further enacted, That the sum of eighteen hundred dollars be appropriated for the payment of the salary of the State Printer, also the further sum of forty dollars be appropriated for the purpose of printing and dis-


66

tributing fifteen hundred copies of the Militia and Patrol Laws enforced in eighteen hundred and twenty three; and that the Secretary of State is hereby required to contract for printing and distributing the same; one copy to each Militia Officer in this state, to be left with the clerks the of Circuit Courts in the same way that the acts and journals are to be deposited, and the balance of said copies to be by him kept for further disposition; and also the further sum of two hundred and forty dollars is hereby appropriated to William B. Allen as compensation for printing the bills, &c. done for the General Assembly during the present session.

Sec. 5. And be it further enacted, That the sum of one hundred and fourteen dollars be appropriated to William T. Gamble for the hire of a servant, for wood and articles furnished for the use of both Houses of the General Assembly, during the present session.

Sec. 6. And be it further enacted, That the sum of forty dollars be appropriated for the payment of postage on public letters and packages sent to the Comptroller.

Sec. 7. And be it further enacted, That the sum of fifteen hundred dollars be appropriated towards the payment of Harry Toulmin, as compensation for digesting the laws of this state: Provided, that nothing in this act shall be so construed, as to prevent the next legislature from making any additional compensation, that they may deem just and proper.

Sec. 8. And be it further enacted, That the sum of eight thousand dollars be appropriated towards defraying the expenses of printing and distributing the Digest, when completed.

Sec. 9. And be it further enacted, That the sum of one hundred and eighty-four dollars and seventy-eight cents be appropriated, for the payment of Ginn & Curtis, for stationary and candles furnished both houses of the General Assembly at the present session.

Sec. 10. And be it further enacted, by the authority aforesaid, That the sum of twenty dollars be allowed to H. W. Taylor for his services as Judge Advocate in Court Martial for the trial of a contested election of a Major-General in the fourth Division of the Militia of this state, to be paid out of any money in the Treasury not otherwise appropriated.

Sec. 11. And be it further enacted, That it shall be lawful for the Governor to pay out of the contingent fund, such sum or sums of money, as may be necessary to defray the expenses incurred in the purchase of fuel and candles, necessary for the use of the different offices belonging to the Executive department of this state.

Sec. 12. And be it further enacted, That the sum of sev-


67

enty-five dollars, be allowed the Secretary of the Senate for ex officio services in arranging the papers of the Senate and preparing the Journals for the press.

Sec. 13. And be it further enacted, That the sum of eighty six dollars and twenty-five cents be, and the same is hereby appropriated to Matthew D. Thomason, door-keeper of the Senate, for certain repairs done to the Senate chamber, including the President’s chair, and locks for the tables and doors, candles and candlesticks, &c.

Sec. 14. And be it further enacted, That the sum of one hundred and seventy-nine dollars be, and the same is hereby appropriated to Robert Coyle, pursuant to an act passed at the present session, approved on the twenty-fourth day of December, eighteen hundred and twenty-two.

Sec. 15. And be it further enacted, That the sum of two hundred and fifty dollars be, and the same is hereby appropriated to the Comptroller of public accounts, in pursuance of a resolution of the General Assembly, passed and approved on the seventeenth of December, eighteen hundred and twenty-one.

Sec. 16. And be it further enacted, That the sum of forty five dollars be allowed to George V. Dick, for extra services this session and that the same be paid out of any monies in the treasury, not otherwise appropriated.

Sec. 17. And be it further enacted, That the sum of twenty-five dollars be appropriated for the pay of John H. Thorington, for taking charge of, and keeping the State House for the last year.

Sec. 18. And be it further enacted, That the sum of twelve dollars and fifty cents be allowed to Matthew D. Thomason for extra services as doorkeeper of this House.

[Approved, Jan.1, 1823.]