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AN ACT

Making Appropriations for the payment of certain claims against the state.

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the sum of sixty-five dollars and twenty cents be, and the same is hereby, appropriated to Richard D. Doyle, jailer of the county of Lauderdale, for victualing John Hall and Allen Campbell in the jail of said county, pursuant to an allowance of the circuit court thereof.

Sec. 2. And be it further enacted, That the sum of fourteen dollars and twenty-five cents be, and the same is hereby, appropriated for the payment of W. R. Colgin, pursuant to an allowance made by the circuit court of Perry county.

Sec. 3. And be it further enacted, That the Comptroller of public accounts, is hereby required to draw warrants on the treasury of the state, in favour of the aforesaid Richard D. Doyle and William R. Colgin, for the sums to them herein respectively appropriated.

[Approved, Jan 1. 1823]


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AN ACT

To make Appropriations for certain claims against the state.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the sum of one thousand and sixty one dollars and sixty cents be, and the same is hereby, appropriated to the payment of Daniel Rather, jailer of Madison county, for keeping certain persons in the jail of said county, to be paid out of any money in the treasury, not otherwise appropriated.

Sec. 2. And be it further enacted That the sum of sixty-seven dollars and twenty cents be, and the same is hereby, appropriated to the payment of Thomas H. May, jailer of Limestone county, for keeping certain persons in the jail of said county, to be paid out of any money in the treasury, not otherwise appropriated.

Sec. 3. And be it further enacted, That the sum of fifty-nine dollars and twenty cents be, and the same is hereby appropriated to the payment of John Bush, sheriff of St. Clair county, for keeping certain persons in the jail of said county, to be paid out of any money in the treasury, not otherwise appropriated.

Sec. 4. And be it further enacted, That the sum of twenty-nine dollars and sixty cents be, and the same is hereby appropriated to the payment of Thadeus A. Reid, jailer of Jefferson county, for keeping certain persons in the jail of said county, to be paid out of any money in the treasury, not otherwise appropriated.

Sec. 5. And be it further enacted, That the sum of thirty-two dollars be and the same is hereby appropriated to the payment of Alfred Dawdy, jailer of Morgan county, for keeping certain persons in the jail of said county, to be paid out of any money in the treasury, not otherwise appropriated.

Sec. 6. And be it further enacted, That the sum of thirty-seven dollars and twenty cents be, and the same is hereby appropriated to the payment of John Henderson, jailer of Lawrence county, for keeping certain persons in the jail of said county, to be paid out of any money in the treasury, not otherwise appropriated.

Sec. 7. And be it further enacted, That the sum of two hundred and fifty six dollars and sixty cents be, and the same is hereby appropriated to the payment of James Johnson, late jailer of Mobile county, for keeping certain persons in the jail of said county, during the year eighteen hundred and twenty, to be paid out of any money in the treasury not otherwise appropriated.

Sec. 8. And be it further enacted, That the sum of fifty-four dollars and forty-four cents be, and the same is hereby, appropriated to the payment of James A. Bates, sheriff of Greene county for keeping certain persons in the jail of said county, to be paid out of any money in the treasury not otherwise appropriated.

Sec. 9. And be it further enacted, That the sum of ten dollars and forty cents be, and the same is hereby, appropriated to the


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payment of James McDonald, late jailer of Limestone county for keeping George Ostean, state prisoner, in the jail of said county, to be paid out of any money in the treasury not otherwise appropriated.

Sec. 10. And be it further enacted, That the sum of forty-seven dollars and twenty cents be, and the same is hereby, appropriated to the payment of Thomas J. Stone jailer of Limestone county, for keeping George Ostean, state prisoner in the jail of said county, to be paid out of any money in the treasury not otherwise appropriated.

Sec. 11. And be it further enacted, That the sum of twenty dollars be and the same is hereby appropriated to the payment of Peter W. Taylor, for his fees as prosecuting attorney on the part of the state, in the trial of two slaves in the circuit court of Lawrence county in July last, to be paid out of any money in the treasury, not otherwise appropriated.

Sec. 12. And be it further enacted, That the sum of ten dollars be, and the same is hereby, appropriated to the payment of Jesse Beene for his fee as prosecuting attorney on the part of the state, in the trial of a slave in the county court of Dallas county on the twentieth day of August, eighteen hundred and nineteen; to be paid out of any money in the treasury, not otherwise appropriated.

Sec. 13. And be it further enacted, That the sum of ten dollars be and the same is hereby, appropriated to the payment of Francis S. Lyon, for two days service as Judge Advocate of a Court Martial held at Mrs. Graves’ in Mobile county on the fourth day of September last, for the investigation of a contested election of Major of the Battalion of Mobile Militia.

Sec. 14. And be it further enacted, That the sum of seventy dollars be, and the same is hereby, appropriated to the payment of John C. Clopper, coroner of Lawrence county, for holding inquests over sundry persons in said county, for the years eighteen hundred and twenty-one and eighteen hundred and twenty two, to be paid out of any money in the treasury, not otherwise appropriated.

Sec. 15. And be it further enacted, That the sum of one hundred and sixty-seven dollars be, and the same is hereby, appropriated to the payment of Walter R. Ross, sheriff of Montgomery county, for expenses of the said sheriff and his guard conveying the body of George W. Harvey, charge with negro stealing from the jail of Mobile county to the jail of Montgomery, and from thence to the jail of Autauga county, to be paid out of any money in the treasury, not otherwise appropriated.

Sec. 16. And be it further enacted, That the sum of ten dollars be, and the same is hereby, appropriated to the payment of Thompson White, coroner of Bibb county, for holding an inquest over a dead body, to be paid out of any money in the treasury, not otherwise appropriated.

Sec. 17. And be it further enacted, That the sum of ten dollars be, and the same is hereby, appropriated to the payment of William McCurdy, a justice of the peace, for the county of


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Monroe, for holding an inquest over a dead body, to be paid out of any money in the Treasury not otherwise appropriated.

Sec. 18. And be it further enacted, That the sum of eighteen dollars and forty cents be, and the same is hereby, appropriated to the payment of John H. Gray, jailer of Morgan county, for keeping Benj. Deberry and James Robertson, in the jail of said county, and that the same be paid out of any money in the Treasury not otherwise appropriated.

Sec. 19. And be it further enacted, That the sum of fifteen dollars be appropriated to John B. Patrick, Deputy Sheriff of Dallas county, for performing the duties of Constable for the Supreme Court, ten days, pursuant to an order of said Court, dated June term, eighteen hundred and twenty-two, out of any money in the Treasury not otherwise appropriated.

Sec. 20. And be it further enacted, That the sum of fifty dollars be, and the same is hereby appropriated to the payment of James V. Thomas, for prosecuting to conviction in the Circuit Court of Monroe county, James Chance, for horse stealing, to be paid out of any money in the Treasury not otherwise appropriated.

Sec. 21. And be it further enacted, That Daniel Rather, jailer of Madison county, be allowed thirty dollars and sixty cents, for keeping in jail George Buly, sent from Jackson county, and twenty-eight dollars and eighty cents, for keeping in jail James Read, in Madison county.

Sec. 22. And be it further enacted, That William Y. Glover, Sheriff of Tuskaloosa county, be allowed the sum of fifty-four dollars, to be paid out of any money in the Treasury, not otherwise appropriated.

Sec. 23. And be it further enacted, That the sum of ten dollars and seventy-five cents be, and the same is hereby, appropriated to the payment of Ginn and Curtis, for stationary furnished the Treasurer’s Office, to be paid out of any monies in the Treasury not otherwise appropriated.

Sec. 24. And be it further enacted, That the sum of one hundred and thirteen dollars and sixty cents, be, and the same is is hereby, appropriated to the payment of Daniel Rather, jailer of Madison county, for keeping certain persons in the jail of said county, to be paid out of any monies in the Treasury, not otherwise appropriated.

Sec. 25 And be it further enacted, That the sum of thirty-two dollars and eighty cents be, and the same is hereby, appropriated to the payment of Merrit Ware, jailer of Tuskaloosa county, for keeping certain persons in the jail of said county, to be paid out of any monies in the Treasury, not otherwise appropriated.

Sec. 26. And be it further enacted, That the sum of seventy-three dollars and fifty one cents, be, and the same is hereby appropriated to the payment of Eugene Campbell, Tax Collector for the county of Lawrence, for the year eighteen hundred and twenty, for the amount of insolvencies and absconding persons returned by the Commissioners of Roads and Revenue


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of said county, to be paid out of any money in the Treasury not otherwise appropriated.

Sec. 27. And be it further enacted, That the sum of sixty two dollars and eighty cents, be, and the same is hereby, appropriated to the payment of John Henry, late Sheriff of Bibb county, for provisioning and transporting certain criminals confined in the jail of Bibb county, to be paid out of any money in the Treasury, not otherwise appropriated.

Sec. 28. And be it further enacted, That the sum of twenty dollars be, and the same is hereby, appropriated to John H. Thorington, for prosecuting a negro man slave, the property of William Lee, of Dallas county, and also for prosecuting a negro woman slave, the property of David Durden, of Perry county.

Sec. 29. And be it further enacted, That the sum of nineteen dollars be, and the same is hereby, appropriated to Joseph Graham, late Sheriff of Dallas county, for services rendered the Supreme Court of this state, during the June session of eighteen hundred and twenty-two of that court.

Sec. 30. And be it further enacted, That the sum of seventy-four dollars and fifty cents, be, and the same is hereby, appropriated to John B. Norris, the present Sheriff of Dallas county, for room rent, and for services rendered to the Supreme Court of this state, during its session in December, eighteen hundred and twenty-two.

Sec. 31. And be it further enacted, That the sum of eight hundred dollars be, and the same is hereby, appropriated to wards the payment of the Commissioners appointed under the act of the seventeenth December, eighteen hundred and twenty-one, if so much should be necessary, to be paid out of any money in the Treasury not otherwise appropriated: Provided, that the same shall be reimbursed out of the three per cent. fund, when so much thereof shall be received.

Sec. 32. And be it further enacted, That the sum of one hundred and sixty-seven dollars and twenty cents, be and the same is hereby appropriated to the payment of Timothy Merrick, late jailer of Mobile county, for keeping certain prisoners in the jail of said county, during the year of eighteen hundred and twenty, to be paid out of any money in the Treasury, not otherwise appropriated.

Sec. 33. And be it further enacted, That the sum of thirty-two dollars be, and the same is hereby, appropriated to the payment of James Benham, jailer of Lauderdale county, for keeping certain prisoners in the jail of said county, to be paid out of any monies in the Treasury not otherwise appropriated.

Sec. 34. And be it further enacted, That the sum of ten dollars be, and the same is hereby, appropriated to the payment of John P. Cunningham, a justice of the peace, for the county of Lauderdale, for holding an inquest over a dead body to be paid out of any money in the Treasury, not otherwise appropriated.

Sec. 35. And be it further enacted, That the sum of fifty-


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eight dollars and forty cents be, and the same is hereby appropriated to the payment of John Cunningham jailer of St. Clair county, for keeping certain prisoners in the jail of said county to be paid out of any money in the Treasury not otherwise appropriated.

Sec. 36. And be it further enacted, That from and after the passage of this act, the fees allowed to Coroners for holding inquests, shall be paid out of the County Treasuries.

[Approved, Jan. 1, 1823. ]

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AN ACT

To appoint Commissioners to lay out a Road therein specified.

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That James W. Armstrong, John Rives, and John Armstrong, or a majority of them be and they are hereby appointed Commissioners to mark out a way for a road, to commence at the town of Montgomery, in the county of Montgomery, to run from thence to the fills of the Conecuh River, in the best, nearest, and most direct route the nature of the country will admit.

Sec. 2. And be it further enacted, That before the said Commissioners enter upon the discharge of the duties herein assigned them, they shall take and subscribe to the following oath ,to wit: "I, ________________, do solemnly swear, that I will truly and faithfully to the best of my judgment, view, mark out, and report the best and most direct way, for a road to lead from the town of Montgomery, in the county of Montgomery, to the falls of Conecuh River¾ So help me God"¾ which oath shall be certified and forwarded by the judge of justice of the Peace taking the same, to the Clerk of the Circuit Court of the County in which the said oath may be taken; and it shall be the duty of said Commissioners to make out a report, after completing the said view, and forward the same to the Governor for his approval, with observations respecting the water courses and other obstructions to be encountered in opening the same.

Sec. 3. And be it further enacted, That the said Commissioners shall receive as compensation for their services in viewing and reporting as aforesaid, two dollars per day, each.

Sec. 4. And be it further enacted, That if any vacancy shall occur by death, or refusal, of any one or more of said Commissioners, it shall be the duty of the Governor to fill such vacancies: Provided, That the aforesaid Commissioners shall receive from the state, no compensation for their services.

[Approved, Dec. 27, 1822.]

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AN ACT

Relative to Turnpike Roads.

Sect. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the commissioners of the several Turnpike Roads in this state shall not report any turnpike road in order, until the proprietors of said road or roads, shall have complied with the provisions of the acts authorizing said turnpike road or roads.

[Approved, Dec. 31, 1822.]


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AN ACT

To provide for leasing the Sixteenth Sections, and for the application of the funds arising therefrom to the purposes of Education.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the court composed of the Judge of the County Court and the Commissioners of the Revenue and Roads, of each and every county of this State, or the court which is or may be authorized to levy the county tax, shall, at their first session held after the first day of January next, appoint three freeholders or householders in each township in the county, (where the population of the township will admit thereof,) who shall be called school commissioners, each of whom, while he continues to reside in the township, shall continue in office for four years from the time of his appointment, and until his successors shall be duly qualified, according to the provisions of this act.

Sec. 2. And be it further enacted, That where a county line divides a township, the school commissioners thereof shall be appointed by the court aforesaid of the county containing the greater part thereof; and shall cause their reports and accounts to be rendered to such court, and shall in all respects as to the objects of this law, be as completely within the jurisdiction and control of such court as if whole township was within such county.

Sec. 3. And be it further enacted, That each of the school commissioners, appointed in pursuance of this act, before entering on the duties of his office and within one month after his appointment, shall, before some Judge or Justice of the Peace of this state, take and subscribe the following oath, and cause the same to be delivered to the clerk of the court aforesaid, whose duty it shall be to file and preserve the same in his office, to wit: I ______ do solemnly swear (or affirm, as the case may be,) that I will to the best of my skill and ability and without partiality or favour, discharge the duties of school commiser of township _______ in range _______ so long as I continue in said office¾ so help me God.

Sec. 4. And be it further enacted, That whenever a vacancy shall occur by the death, removal, or refusal to act, or disqualification of any of said commissioners from any other cause, the court aforesaid, so soon as the same shall be known to them shall proceed to fill such vacancy; and in like manner whenever said court shall deem it expedient in and for any township in which such appointments shall not have been made, they shall proceed to make such; and each commissioner so appointed shall, under the restrictions aforesaid, hold his office for four years from the time of his appointment and until his successor shall be duly qualified.

Sec. 5. And be it further enacted, That in all the official proceedings and contracts of said school commissioners, the acts of a majority or of the one in office, if but one be in office, shall be in all respects as valid as it done by all three.

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Sec. 6. And be it further enacted, That the school commissioners of each township, as soon as practicable, shall, with the assistance of a skilful surveyor to be by them employed, and who shall act under their directions and instructions, proceed to lay out the section numbered sixteen, or such part thereof as they may deem expedient, into lots containing not less than forty nor more than one hundred and sixty acres, and make two plats of such survey: said commissioners shall select and mark on said plats such lot or lots as they may think proper to reserve from cultivation, for the benefit of the timber thereon; and said commissioners shall on said plats distinguish each lot by a number marked thereon and retain one of said plats, and cause the other to be filed in the office of the clerk of the court aforesaid, for the inspection of all persons concerned.

Sec. 7. And be it further enacted, that the lot of lots so reserved for the benefit of the timber, shall, until otherwise directed by law, be for the common benefit of the lessees or tenants in said sixteenth section; but the timber thereon, or any part thereof, shall not be cut down, so long as there shall be sufficient on the other lots of the section respectively, of which matter said school commissioners shall determine, and may from time to time, by order, (to be recorded and reported with their other proceedings as hereinafter directed,) authorize the respective tenants on said section to cut down and remove timber from the lots reserved, in such quantities and for such person, towards the support of their respective tenements as said commissioners may deem consistent with the interest of their township.

Sec. 8. And be it further enacted, That the school commissioners aforesaid, shall, from time to time, at or before the expiration of the leases on said sections now in force, proceed to lease the several lots so laid out, except those reserved as aforesaid, for timber: each lease shall be for a term not exceeding ten years, at the discretion of the commissioners commencing on the first day of January: the commissioners shall require and stipulate for such improvements on the tenement or lot, as they may deem expedient, and may, in any case when they may think it necessary require security for all rents and improvements; a rent shall be reserved to be paid annually on the first day of January, but where the value of the improvements to be made on the lot, in the opinion of the commissioners shall so require, they may stipulate that the annual rent shall commence and be payable at a certain period after the commencement of the lease; in all cases where improvements are required to be made, and in all other leases in which said commissioners deem it expedient bond in such penalty as they shall prescribe, and such security as they may approve, shall be given and made payable to said commissioners and their successors, for the use of the township: the leases shall be offered at some place in the township, at public auction, to the highest bidder; at least six weeks previous notice of the time and place thereof shall be given,


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by advertisement put up at least at four public places in the township, and at the door of the court house: and if the commissioners deem it expedient, in some neighboring newspaper: by the terms of lease the lessees shall be bound to treat the land, houses and improvements, in a careful and husband like manner; to commit no waste, and shall be under such further restrictions as to cutting timber, taking away stone, or in any other respect injuring the lot so leased, or the lot or lots reserved for timber as aforesaid, as said trustees may deem expedient. and if any such lessee, or person or persons claiming under him, shall commit any waste on the lot so leased, or the lot reserved for timber, or fail to pay said annual rent, such lease shall be forfeited if the commissioners so require: Provided, That the commissioners for the sixteenth section in township three, range eleven, west of the meridian of Huntsville, be authorized to lease said section, or any part thereof, for any number of years.

Sec. 9. And be it further enacted, That the school commissioners of each township who shall first act under authority of this law, within one month after their appointment, and the school commissioners of each township, from time to time, as they may deem it expedient, shall given ten days notice by advertisement at three or more public places in the township, requiring all parents and guardians residing therein, to make known to them or one of them, the number of pupils which such parents or guardians respectively wish to enter at school; and said commissioners shall moreover, collect such information from such other sources as may be in their power: they shall then proceed to divide the township into convenient school districts, so that each district shall contain not more than forty, nor less than thirty scholars, or as near that number as may be practicable.

Sec. 10. And be it further enacted, That on application to the school commissioners by any three or more freeholders or householders residing in any such school district, they shall issue their warrants directed to one of the persons so applying to warn all the inhabitants of each district qualified to vote at general elections under the constitution of this state, to meet at a certain time and place in the township named in said warrant, to vote for three trustees of said school district; notice of the time, place and object of such election shall be given by advertisement, which the commissioners shall cause to be set up at two or more public places in the district, at least fifteen days before such election, and notice, so far as the same can conveniently be done, shall also be given by the person to whom the warrant aforesaid shall be directed, to the several voters of each school district, personally, or by leaving the same in writing a their respective dwellings, the commissioners shall appoint two judges and a clerk of said election, who shall each before some judge or justice of the peace, swear (or affirm) that he will faithfully and impartially execute the duties of said appointment: the clerk shall keep a fair list of all the votes


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taken; the list and return of the election shall be subscribed by said judges and clerk, and transmitted to the commissioners of the township: who shall decide in cases of contested elections; the trustees so elected shall continue in office for two years from the time of such election, and until their successors shall be elected: Provided, they shall during that period, continue to reside in the district. Vacancies which may occur by removal, expiration of the term of office, or other cause, shall in like manner be filled by elections, notice thereof to be given, and to be conducted as aforesaid; and in all official proceedings and contracts of the trustees of a district, the acts of a majority, and if but one be in office, the acts of that one shall be in all respects as valid as if done by all the three.

Sec. 11. And be it further enacted, That the said school commissioners of each township, and said trustees of each school district, for the time being, and their successors respectively during their continuance in office, shall be and are hereby constituted bodies corporate, and by said corporate name may sue and be sued; and said trustees shall have power, to hold in trust for the purposes of education, real estate in their respective townships, not exceeding two acres, and personal estate not exceeding the value of five hundred dollars, to them and their successors in office, forever : and in all cases where it shall be necessary for the school commissioners of a township or trustees of a school district, to contract, appear, or act in their corporate character, any deed, warrant or other writing executed by them, or a majority of those acting, or by any one acting solely under the provisions of this act, shall be in all respects as valid and effectual in law as if the same were executed under their common seal as a corporation.

Sec. 12. And be it further enacted, That the school commissioners shall have power to appoint and discharge at pleasure a clerk and treasurer. The clerk shall record the proceedings of the commissioners, file and preserve such papers as they may direct, and furnish the treasurer from time to time with a statement of the debts and monies which such treasurer may be authorized to receive. The clerk shall record the proceedings of day of the first session of the court aforesaid, held after the first day of January in each year, transmit to said court a statement of the proceedings of the commissioners for the twelve months next preceding, and of the school lands and funds of the township, setting forth the lots leased, or to be leased, dates of the leases, name of the lessees or tenants in possession, rates of rent, amount thereof paid, or remaining due and unpaid, and the steps taken for the recovery of the same, amount of debts due to the township, amount of funds in hand, sum allotted to each school district, and amount thereof paid out by the treasurer, name of the teachers for the last twelve months in the different districts, and terms of his engagement, number of pupils at school in each district, number paid for out of the school funds, sums appropriated for the purchase of ground, building school houses, or for other objects


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connected with the schools: on failure of any such township clerk to transmit a statement as aforesaid, said courts, respectively, are hereby empowered to compel such clerk by process of attachment or otherwise, to bring before them the above described records. The treasurer shall give bond in such penalty as the commissioners shall prescribe, with approved security, payable to them and their successors in office, conditioned that he shall faithfully perform the duties of his appointment, account for and pay over according to law and the regulations and orders of said commissioners and trustees, respectively, all monies which he shall receive by virtue of said appointment: it shall be the duty of such treasurer to receive all monies which may become due for rents, or in any other way accruing to the school fund of the township or of nay school district therein; to keep fair and regular accounts, and on or before the first day of January in each year, to deliver to said commissioners of the township, or their clerk, a statement thereof for the twelve months next preceding, showing the several sums received and paid out, vouchers therefor, the debts remaining due and unpaid for rent or otherwise, and the balance remaining in his hands; which balance he shall at the same time produce before said commissioners.

Sec. 13. And be it further enacted, That the commissioners of each township, shall, annually, at a meeting by one of them to be called for that purpose, apportion the funds then in hand among the several school districts therein, in proportion to their respective numbers of pupils entered to school for the preceding year as aforesaid, and their clerk shall forthwith furnish the treasurer with a copy of such order of apportionment.

Sec. 14. And be it further enacted, That the said trustees of each school district, shall have power to employ a teacher or teachers for the same, at an annual salary or at a state price for each scholar, or on such other terms as they may deem expedient; to cause a school house to be built and kept in repair; to purchase books and stationary for the use of the school; and make regulations for the use and preservation of the same, and for the admission of pupils into the school ¾ to designate the pupils who shall be admitted to the school without tuition fees. No teacher shall be employed by any of the said trustees, until he shall have been duly examined by the commissioners of the township, and shall produce their certificate of his qualification, and that they are satisfied he is of a moral character. The clerk of the commissioners shall keep a list of the persons to whom and dates when, such certificates are given. The trustees shall have power by order or warrant on the treasurer of the township, to direct such monies as may be required for any of the purpose as aforesaid, to be paid out of said school fund of the district.

Sec. 15. And be it further enacted, That should the trustees of any school district raise monies in aid of their school funds by subscription or otherwise, and direct the same to be paid to


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the township treasurer, he shall receive and keep an account thereof report the amount to the township clerk, appropriate the same as the said trustees may direct, and he and his securities shall be liable for all defaults as to the same, as fully, as if it were set forth in his bond aforesaid.

Sec. 16. And be it further enacted, That the clerk of each of the courts aforesaid shall transmit to the General Assembly within the ten first days of each state annual session, an abstract of the last annual statements made to said court pursuant to the twelfth section of this act, setting forth the amount of rents of school lands in each township; amount paid; amount due and unpaid; number of school districts; amount of funds allotted to each; amount of funds raised by subscription or otherwise; amount of compensation paid to each teacher; number of pupils in each particular district, and what number are educated gratis: and on producing to said court the receipt of the clerk of the House of Representatives for such statement, he shall be allowed by the court aforesaid for said service, a sum not exceeding five dollars, to be paid out of the county treasury.

Sec. 17. And be it further enacted, That so much of the act entitled an act to provide for leasing for a limited time the lands reserved by the Congress of the United States for the support of schools within each township in this state for a seminary of learning and for other purposes, and of all other acts contrary to the provisions of this act, is hereby repealed: and the agents designated by said act shall pay over and deliver to said commissioners of their respective townships, so soon as they shall be qualified to office, all monies, obligations, evidences of leases and other contracts, and accounts remaining in their custody, respectively, by virtue of said recited act. Said commissioners, shall cause a statement thereof to be recorded, and shall deposite said monies with their treasurer. All debts due and accruing to said agents of any township, and all actions, rights and causes of actions heretofore vested in them, shall be and are hereby vested in the commissioners of such township; and suits therefor may be instituted or prosecuted in the names of said agents or of said commissioners, as they may deem expedient: and the contracts heretofore made and debts contracted by said agents, under the authority of the act aforesaid, shall be as binding on such commissioners as on said agents, and said commissioners may order the same to be paid out of the general school fund of the township.

[Approved, Jan. 1, 1823.]

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AN ACT

To refund James Mixon a sum of money, improperly assesssed and collected.

Sect. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the treasurer of this State is hereby directed to pay to James Mixon, fifteen dollars, out of any money in the treasury, not otherwise appropriated.

[Approved, Dec. 31, 1822.]


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AN ACT

To amend the act passed the 17th December, 1821, entitled an act to appoint Commissioners to lay out certain Roads therein specified and for other purposes.

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, so much of the road laid out by the commissioners appointed by an act entitled an act to appoint commissioners to lay out certain roads therein specified, and for other purposes, passed December seventeenth, eighteen hundred and twenty-one; from the town of Tuskaloosa to Claiborne, Pensacola and Blakely, commencing at or near John Talbird’s in Monroe county, to the field of Josiah Thompson in said county, be, and the same is hereby, discontinued.

Sec. 2. And be it further enacted, That the route of said road so discontinued, shall be changed and run as follows, to wit: leaving the same at or near John Talbird’s and thence running a direct line, as nearly as may be, to the house of Josiah Thompson; thence along the St. Stephens road as it formerly run, to the upper end of a field of the said Josiah Thompson, where the road hereby authorized and required to be laid out, reenters the route of the said road reported by the commissioners mentioned in the foregoing section.

[Approved, Dec. 31, 1822]

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AN ACT

Authorizing Elisha Thomas, Davis Gurley and their associates, to Turnpike a road therein designated.

Sec. 1 Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That Elisha Thomas, Davis Gurley, and their associates be, and they are hereby, authorized to turnpike a road twenty feet wide, commencing near the point at which the Military road strikes the mountain in Franklin county, thence the nearest and best way to the Buttahatche river, crossing that stream at the most suitable point within the south west quarter of section fourteen, township eleven, range fourteen, west of Huntsville; thence the nearest and best way to the state line in a direction to Columbus, on the Tombeckbe river; due regard being always had to goodness of ground, the accommodation of travellers, and the constant and certain passage of the grand southern mail.

Sec. 2. And be it further enacted, That the said Elisha Thomas, Davis Gurley and their associates, are hereby allowed to make two divisions of said road; the first of which shall commence with the road, and terminate at or near William H. Ragsdale’s in the county of Marion, say thirty-one miles; the second division shall commence at the point


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last mentioned and terminate at the state line in the county of Pickens, making eighty miles: and the said Thomas and Gurley and their associates, are authorized to erect two gates on said road, the one at Big-bear creek, in the county of Franklin, and the other at Beaver creek, in Marion county, and they are allowed to receive the same tolls at each gate.

Sec. 3. And be it further enacted, That Anthony Winston, Francis Bullock, and Claiborne Williams, be, and they are hereby, appointed commissioners for the county of Franklin, and George White and Francis Shoemake are hereby appointed commissioners for the counties of Marion and Pickens: whose duty it shall be carefully to examine said road from end to end, within their respective appointments, three times within each and every year, provided such commissioners shall deem such review necessary, and report the actual condition of the road, to their respective county courts: which courts shall have power to fill all vacancies which may occur in this commission; and the person or persons so appointed shall be competent to perform all the duties by this act intended or required.

Sec. 4. And be it further enacted, That the road contemplated by this act, shall be eighteen feet wide, cleared of every obstruction, twelve feet of which, in the straight general direction of the road, shall be cleared of stumps and grubs either taken up by the roots or leveled with the ground: the sloping ground and banks of water courses shall be so worked on as to ensure the safe and easy passage of horsemen, and carriages of every description; all marshes, swamps, and creeks, when necessary, shall be crosswayed or bridged with good and durable timbers, put together in a substantial and workmanlike manner, with ditches on each side of crossways whenever necessary: the crossways on highland marshes shall be twelve feet wide, and those on swamps and the bridges over creeks, shall be fourteen feet wide.

Sec. 5. And be it further enacted, That when the said Thomas and Gurley and their associates, shall have completed the first division in said road, they are authorized to call on the commissioners of Franklin county, who shall attend and review said division, and report its condition to the court: if the report shall recommend the erection of a gate, the Judge of said court shall cause an order to be entered of record, permitting a get to be set up at Big-bear creek; and the said clerk shall deliver to the said Thomas and Gurley and their associates, an official certified copy thereof, which shall be a general authority for the said persons and their associates to receive the following tolls: for


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each wagon and team, seventy-five cents; for each four wheel pleasure carriage, seventy-five cents; for each two wheel pleasure carriage, fifty cents; for each carry-all or dearborne, thirty-seven and a half cents; for each cart, twenty-five cents; for man and horse, twelve and a half cents; for each led or loose horse, six and one-fourth cents; for each head of cattle, four cents; for each head of sheep, goats and hogs, two cents: Provided, that nothing in this act contained, shall authorize the said company, to receive toll from the carriers of the United States’ mails, or from persons bearing expresses, to or from the troops or officers of the United States; neither shall tolls be received from the officers, troops, or expresses of any of the other states in times of war: And provided, all persons travelling said road of foot, shall at all times pass said road and turnpike free of toll.

Sec. 6. And be it further enacted, That when the said Thomas and Gurley and their associates, shall have completed the second division of said road, they are hereby authorized to call on the commissioners for Marion county, who shall forthwith proceed to review said division; and if found in the condition required by this act, they shall so report to the Judge of the County Court for said county, who shall cause an order to be entered of record authorizing the said persons to put up a toll gate at Beaver creek, in the county of Marion, and the clerk of said court shall furnish the said persons with an official copy thereof, which order shall authorize the said Thomas and Gurley and their associates, to receive the same tolls at this gate as that at Bigbear creek; and the said persons shall pay to the commissioners on each review, three dollars per day.

Sec. 7. And be it further enacted, That the said proprietors shall have the exclusive privilege, of keeping up the said turnpike road, with the tolls, and under the particular conditions as set forth in this act, for the term of fifteen years, commencing on the first day of January next.

Sec. 8. And be it further enacted, That whenever it shall become necessary for the road designated in this act, to touch the Military road, it shall become a part of the road contemplated in this act, and in every instance the goodness of ground, and the most convenient and cheapest accommodations for travellers, and the safe, easy, and constant passage of the United States’ grand southern mail, shall govern the passage and direction of this road; safely to perfect this object, Andrew Mattox, Hiram Roberson, and William Simpson, a majority of whom shall form a board, be, and they are hereby, appointed commissioners whose duty it shall be, carefully to examine the ground upon

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which the road shall pass, (governed always by the precise principles as laid down in the preceding part of this section,) mark and report the same from end to end, to the County Court of Marion, there to be entered of record; which road so reviewed, marked and reported, shall and is hereby declared to be a permanent public highway; and the commissioners named in this section, shall before entering on the duties assigned them, take and subscribe the following oath before any justice of the peace, who shall deliver the same to the clerk of the County Court of Marion, to be filed in his office: "I _______ do solemnly swear, that I will carefully and impartially examine, mark and report, the roads designated in this act, strictly conforming to, and fulfilling the requisitions and principles as set forth in the eighth section thereof¾ so help me God."

Sec. 9. And be it further enacted, That the said Thomas and Gurley and their associates, shall not be authorized to extend their road through the lands of any person or persons, without making just remuneration, as required by the existing laws: Provided always, that should the said Thomas and Gurley and their associates, or any person or persons for them, receive a greater toll than is allowed in this act. (except a few cents sometimes, unavoidable in change,) the person offending, or the said Thomas and Gurley and their associates, shall forfeit and pay five dollars for every offence, recoverable before any justice of the peace; which shall go to the informer.

Sec. 10. And be it further enacted, That if any person or persons shall attempt to evade the payment of any tolls allowed by this act, by passing through the gate or gates authorized to be set up, arbitrarily, or having passed, refuse or neglect to pay, or pass round said gate or gates, such person or persons so offending shall pay to the said proprietors or their agent, the sum of five dollars for every such offence, recoverable before any justice of the peace in this state.

Sec. 11. And be it further enacted, That whenever the Judge of the County Courts for Marion or Franklin, shall be informed in direct terms by any justice of the peace, or by one of the commissioners for either of the counties, that any part of the road is out of repair, such Judge shall forthwith notify the proprietors, their agent or agents of this fact, and shall require them without delay to repair the same as directed by this law; and on failure to do so, in a reasonable time, such Judge shall order a review of the breach alleged by the commissioners of the county where it may have occurred and should the breach be found actually to exist, the commissioners shall open the gate or gates as the case may


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require, and report accordingly to the Judge of their County Courts; and they shall receive three dollars each per day, for this service; and should the proprietors or their agents receive any toll before the road shall again be repaired, and received by the court as heretofore directed, they shall forfeit and pay to any person suing for the same, five dollars for every offence.

Sec. 12. And be it further enacted, That the said proprietors are required to cause the road to be worked on, in its whole extent, and put in a safe passable condition, for wagons, carriages and horsemen; this being done and report by the commissioners to the Judge, an order may issue from such court for the erection of gates at the points herein before stipulated, authorizing the proprietors to receive the one-half or two-thirds of the tolls by this act allowed, at the discretion of the court.

Sec. 13. And be it further enacted, That the whole road shall be put in repair by this act required, within three years from the first day of January next; if not, all the rights herein vested in the proprietors shall be absolutely forfeited: and should the proprietors for six months at any one time refuse or neglect to repair the road, when the gate or gates shall have been opened by the commissioners under the direction of the court, all their rights so far as neglected shall be forfeited.

Sec. 14. And be it further enacted, That the said Thomas and Gurley and their associates, shall not be held bound to bridge or ferry Big-bear creek, or the river Buttahatche: but the commissioners named for the purpose of reviewing the ground upon which this road shall pass, shall examine those waters; and should a majority of them be of opinion that it be necessary to bridge or ferry either, or both of said streams, they shall so certify to the Judge of the County Courts for Marion, who shall fix of record the tolls permitted to be received by the undertaker at each or either place; and the said Judge shall bind the person or persons so undertaking, in bond and good security, as is by law now required in such cases.

Sec. 15. And be it further enacted, That the County Court of Marion shall have power to fill all vacancies which may occur in the board of commissioners appointed by the eighth section of this act; which commissioners shall be paid by the proprietors of the road herein contemplated, three dollars per day whilst in service: Provided always, that the Military road within this state, shall not be obstructed in any manner whatever.

Sec. 16. And be it further enacted, That if the said road shall not be put in the repair as required by this act within


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three years after the passage thereof, the said Thomas and Gurley shall forfeit all the benefits and privileges granted to them by this act.

Sec. 17. And be it further enacted, That nothing in this act shall be so construed, as to authorize said Thomas and Gurley, and their associates, to receive any toll from any person going to or returning from mill or preaching, or to change the road from crossing Little-bear creek, from where it now crosses the same.

[Approved, Dec. 30, 1822.]

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AN ACT

To amend an act entitled, an act appointing Commissioners to lay out a road on or near the dividing line between the counties of Madison and Limestone, passed at Cahawba the 30th of November, 1820.

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That John Skidmore be and he is hereby, authorized to cut out and open at his own expense, so much of said road established and marked out by virtue of an act passed at Cahawba, on the thirtieth of November, eighteen hundred and twenty, as leads from Crabb’s ferry to the county line between Madison and Limestone counties, and with the same, north to the Big-prairie; and that so much of the above recited act as requires the County Courts of Madison and Lime-stone counties to appoint overseers, be, and the same is hereby, repealed.

Sec. 2. And be it further enacted, That should any person by felling timber, or any other means, stop the free passage of said road, they shall for every such offence, forfeit and pay the sum of ten dollars, to be recovered before any Justice of the Peace having cognizance of the same.

[Approved, Dec. 31, 1822.]

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AN ACT

For the regulation of assessors and tax collectors, so far as relates to the payment of money.

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That if any collector of taxes in this State, shall fail to collect and pay over the county tax within the time prescribed by law, it shall be the duty of the Judge of the county court to hold a special court to try such delinquent collector; and if it shall appear, that he has so failed to collect or to pay over such county tax, it shall be the duty of the Judge, on motion of the county treasurer, to enter up judgment against such collector and his security or securities in office, for the amount of said county tax so due and unpaid, together with fifteen per centum as damages on the amount: Provided, however, that ten days notice, at least, shall be given to such delinquent collector and his security or securities.

[Approved, Dec. 31, 1822.]