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AN ACT

To establish a certain Road therein named.

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That a Road leading from the east end of Broadstreet in the town of Tuscaloosa, beginning at the centre of the said street and running on a direct line to a cross fence, the dividing line between the Widow Mitchell’s and Thomas McGehee’s thence on a direct line to Richard Smith’s on the present Road leading from Tuscaloosa to Jonesborough, in Jones’s Valley, is hereby established a public highway.

Sec. 2. And be it further enacted, That the Judge of the County Court and commissioners of the revenue for the county of Tuscaloosa, shall have the power and jurisdiction over the said road, as in other cases.

Sec. 3. And be it further enacted, That this Act shall not deprive any person through whose land this road may pass of any right which they heretofore possessed: Provided, said road shall be made sixty-six feet wide.

Sec. 4. And be it further enacted, That the aforesaid road shall be laid out sixty-six feet wide from the place of beginning until it passes through the Seminary land, after which it shall be of the same width and otherwise, as other public roads.

[Approved, Dec. 30, 1822.]

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AN ACT

Declaring certain roads therein named, public roads until otherwise directed by law.

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That from and after the passage of this act, the old road leading from Cahawba to Canton, be and is hereby established a highway, until otherwise directed by law.

Sec. 2. And be it further enacted, That the new road laid out by the commissioners of Dallas and Wilcox be established a highway, until otherwise directed by law; and that the commissioners of Wilcox County Court be authorized and required to apportion all the hands liable to work on said roads within said county, and assign to each of the said roads or that part of them which run into Wilcox county, a proportionate part of the hands liable as aforesaid to work thereon, agreeable to the necessary labour which the said roads may require to keep them in repair.

Sec. 3. And be it further enacted, That the road leading from Canton to Pursley Creek, as opened by John H. M’Connell, be and is hereby established a public road and that all the hand liable to work on roads who may live between Pursley Creek and a line drawn due west from Canton to the Alabama river, and between the river and the said road, be apportioned and compelled to work on the said road, any law to the contrary notwithstanding.

[Approved, Dec. 24, 1822.]


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AN ACT

To extend the time of payment, and secure a certain sum of money, due to this State, from John M. Taylor.

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the Comptroller of public accounts be, and he is hereby, authorized to make arrangements with John M. Taylor, to secure the payment of the balance due from him to this State as tax Collector for Madison County, for the year eighteen hundred and eighteen, and report the same to the next session of the Legislature.

Sec. 2. And be it further enacted, That the Comptroller is hereby authorized to accept, towards the discharge of said debt, and on such terms as he may think to the interest of the State, a transfer (to himself or to the treasurer for the benefit of the State,) of all the fees remaining due to said Taylor, as clerk of the supreme court; and that all proceedings against said Taylor, be suspended and postponed, until the _____ day of ______ next, if said Taylor by arrangements with the Comptroller on or before the _____ day of _____ next, shall give security approved by said Comptroller, to transfer to the state stock in some bank of this state to the amount of five hundred dollars annually, or to pay five hundred dollars into the treasury of this state, annually, until the balance due from said Taylor as aforesaid, shall be discharged: the first of which annual payments or transfers shall be secured, to be made during the next year: Provided, nothing in this act contained, shall authorize the suspension of any legal proceedings that may have been commenced, against the said John M. Taylor, until the said John M. Taylor, has given the security contemplated by this act.

[Approved, Jan. 1, 1823.]

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AN ACT

For the relief of Edmund Freeman, late tax collector of Baldwin County.

Whereas, it appears to this General Assembly that the said Freeman, collector of taxes for Baldwin county, in eighteen hundred and twenty-one, by the death of the clerk, did not receive the tax list in time to collect and return the amount of taxes; and whereas it appears, that judgment by default was obtained against him and security, in the Dallas County Court at June term last; therefore,

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the said Freeman, be, and he hereby is released from the payment of fifteen per cent. damages, and the interest awarded against him in the judgment aforesaid: and the Comptroller is hereby authorized, to allow said Freeman the amount of insolvencies allowed by the County Court of Baldwin County, and shall cause the sums hereby releas-


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ed and allowed, to be deducted from the amount of the execution issued on said judgment: Provided, that this act shall in no wise affect the validity of said judgment, or operate to stay any proceedings thereon.

[Approved, Jan. 1, 1823.]

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AN ACT

To authorize the Treasurer of this State to receive a sum of money therein mentioned.

Sec. 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 be, and he s hereby, authorized to receive of the tax collector of Jackson county in eighteen hundred and twenty-two, the sum of sixty-five dollars in the bills of the Planters’ and Merchants’ Bank of Huntsville, which was collected by the clerk of the county court of said county for tavern licences, issued in eighteen hundred and twenty-one.

[Approved, Dec. 31, 1822.]

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AN ACT

For the relief of the tax collectors of the counties of Mobile and Franklin.

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the said collectors be allowed, until the first day of April next, to make their collections and pay the same into the public treasury, on their entering into bond with sufficient security, to be approved as in the case of an original bond, for the faithful discharge of their duty as collectors.

Sec. 2. And be it further enacted, That the representatives of Zachariah Davis, deceased, collector of the county of Franklin, for the year eighteen hundred and twenty-two, be allowed until the first day of April next, to pay into the treasury of the state any part of the revenue of this state, collected by said Davis, in his lifetime, in said county, and unpaid by him at the time of his death; and that it shall be the duty of the collector who may be appointed to collect the revenue of this state for the year eighteen hundred and twenty three, in the aforesaid county, to collect any part of the revenue due from the said county, to this state for the year eighteen hundred and twenty two, which has not been received by the late collector.

Sec. 3. And be it further enacted, That Charles Pearson, tax collector of Lawrence county, for the year eighteen hundred and twenty-two, shall be allowed six months from the passage of this act, for the purpose of completing his collections of taxes for the year aforesaid, if there should remain any yet due and unsettled: Provided, that nothing in this act shall be so construed, as to exempt the said


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Charles Pearson from being moved against, by the Comptroller of public accounts; And provided further, that the said Charles Pearson, shall, before he becomes entitled to the benefit of this act, enter into a new bond with security, conditioned as his first bond was.

[Approved, Dec, 14, 1822.]

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AN ACT

To establish a Public Road from Ditto’s Landing to Marston Mead’s in Blount County.

Sec. 1. Be it enacted by the Senate and the House of Representatives of the State of Alabama, in General Assembly convened, That a public road leading from Ditto’s landing on the Tennessee river, by the nearest and best route to Marston Mead’s in Blount county be, and the same is hereby established.

Sec. 2. And be it further enacted, That Tobias Dearick, George D. Staton, and their associates be, and they are hereby authorized and empowered to lay out and open said road by the most eligible route which they have or hereafter may discover.

Sec. 3. And be it further enacted, That the said Tobias Dearick and his associates be, and they are hereby, authorized, so soon as they shall have laid out the said road, to erect one o more turnpike gates thereon, and that the said Tobias Dearick and his associates may demand and receive of and form each and every person who shall or may travel on said road, and pass through the said gate or gates, at each gate (if but one): For every four wheel carriage, seventy-five cents; for every two wheel carriage, thirty-seven and a half cents; for every man and horse, twelve and a half cents; for every horse, or mule, six and a quarter cents; for every head of cattle, four cents; for every head of sheep, hogs or goats, two cents: Provided, that nothing in this act shall be so construed as to authorize the said Tobias Dearick, George D. Staton and their associates, to erect a turnpike gate or gates on said roads, until the same shall be cut out, from fifteen to twenty feet wide, twelve feet of which shall be grubbed; and all banks of creeks and hills, put in such order that loaded wagons can pass with convenience.

Sec. 4. And be it further enacted, That the said Tobias Dearick and his associates are hereby authorized to establish one or more turnpike gate or gates as they may deem necessary, and if two gates are established, they shall have and receive one half the foregoing rates; and if any person shall pass round or through said gate, with intent to avoid the payment of toll, he or she shall, for every such offence forfeit and pay to the said Tobias Dearick and his associates treble the amount which his, her, or their toll would have


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been; to be recovered before any justice of the peace, with legal cost for the same: Provided, that nothing herein contained shall be so construed to abolish or interfere with the road now established from Ditto’s landing to the said Mead’s.

Sec. 5. And be it further enacted, That Thomas Parrum, Patrick Scott, John Yielding and Daniel Bush be, and they are hereby, appointed commissioners, who thall view said road established by virtue of this act; and they or a majority of them shall decide, whether in their opinion the road is completed, so as to authorize the reception of toll: and if in the opinion of said commissioners, the road is not in good and complete order, they shall direct the turnpike gate or gates to be opened; and no toll shall be demanded or received under the penalty of twenty dollars, and the said commissioners appointed by virtue of this act shall receive such compensation, as the County Court of Morgan may direct, to be paid by the said Tobias Dearick and his associates.

Sec. 6. And be it further enacted, That the said Tobias Dearick and his associates, shall commence the said road within twelve months; and the same shall be completed within two years thereafter, or forfeit their right hereby granted; and the said Tobias Dearick and his associates shall have all benefits and profits arising from the tolls, for the period of twelve years: Provided also, that nothing in this act shall be so construed as to authorize Tobias Dearick and his associates, to run said road through any part of the Cherokee lands, without first obtaining permission from the Cherokee nation.

[Approved, Dec. 30, 1822]

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AN ACT

To better designate the line between the Counties of Jackson and Decatur, and for other purposes.

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the line between Jackson and Decatur counties be as follows to wit: Beginning at the mouth of Sauta creek; thence up said creek to where the Winchester road crosses said creek; thence to Jesse Thompson’s; thence to Caswell Bibey’s including said Jesse Thompson, William Cundiff, Hiram Jackson, Thomas Jones, John Smart, and said Caswell Bibey’s in Decatur county; thence from said Bibey to the top of the mountain above William E. Haskins, where the Winchester road descends the Cumberland mountain; thence to the most leading point of the mountain, between the mouth of the Lick fork and the mouth of Larkin’s fork of Paint rock river; thence to the top of said mountain; thence a north-west course, to the Tennessee state line.

Sec. 2. And be it further enacted, That Jackson coun-

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ty shall have criminal jurisdiction over all that tract of country within the limits of the Cherokee nation of Indians, which lies west of Willstown valley, and east of a line running from the mouth of Sauta creek, to the nearest point of Willstown valley.

Sec. 3. And be it further enacted, That Decatur county shall have an additional election precinct, at the house of William Stedmore, on Paint rock river, in said county.

Sec. 4. And be it further enacted, That all acts and parts of acts, contrary to the provisions of this act be, and the same are hereby repealed.

[Approved, Dec. 31, 1822.]

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AN ACT

To establish a public Road from the house of John Gandie, in Morgan County, to Baltimore or Morgan’s Springs in Blount County.

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That a public Road, leading from the southern settlements of Morgan county, commencing at or near the house of John Gandie, by the nearest route to Baltimore of Morgan’s Springs, be and the same is hereby, established.

Sec. 2. And be it further enacted, That Abraham Scott and his associates, be, and they are hereby authorized and empowered, to lay out and open said Road, by the most eligible route which they have or hereafter may discover: The said road 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 levelled with the ground the sloping rounds 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, where 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 wherever necessary; the crossways or bridges shall be twelve feet wide.

Sec. 3. And be it further enacted, That when the said Abraham Stout and his associates shall have completed said Road, and reported the same to the County Court of Morgan county, it shall be the duty of said Court to appoint three suitable persons to examine said Road, and report their opinion to the County Court aforesaid; and the said Commissioners shall receive for their services such compensation as the County Court may direct, to be paid by the said Abraham Stout and his associates.

Sec. 4. And be it further enacted, That should the Commissioners appointed by virtue of the third section of this


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act, report that said Road is in good order, then and in that case, the said Abraham Stout and his associates, are hereby authorized to erect a Turnpike Gate at some convenient place, and demand and receive of, and from each and every person who shall or may travel on said Road, the following rates of toll, to wit: For every four-wheel carriage, seventy-five cents; for every two-wheel carriage, twenty-five cents; for every man and horse, twelve and a half cents; for every loose horse, six and a quarter cents; for every head of cattle, three cents; for every head of hogs, or sheep, two cents; and if any person shall pass round said Gate with the intent to avoid the payment of toll, he or she shall for every such offence, forfeit and pay to the said Abraham Stout and his associates, treble the amount which his or her toll would have been; to be recovered before any Justice of the Peace, with legal costs for the same.

Sec. 5. And be it further enacted, That it shall be the duty of the County Court of Morgan County, when application is made, to appoint three Commissioners to examine said Road, and report their opinion to the County Court; and if in the opinion of the Commissioners appointed by virtue of this act, the Road is not in good order, they shall direct the turnpike gates to be opened, and no toll shall be received under the penalty of twenty dollars, until said Road shall be repaired, in a good and sufficient manner: and the said Abraham Stout and his associates, shall have for all benefits and profits arising from the tolls for the period of twelve years.

[Approved, Dec. 23, 1822.]

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AN ACT

To authorize David Peobles to continue a Toll Bridge, erected over the Escambia Creek in the County of Conecuh.

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That David Peobles be, and he is hereby, authorized to continue his Toll Bridge, erected on the Escambia Creek, in the County of Conecuh, for the space of ten years, commencing from the passage of this act, and that he be entitled to receive from each and every person crossing the same, the following toll, to wit: For every four wheel carriage fifty cents; for every carriage of two wheels, thirty-seven and a half cents; for every man and horse, twelve and a half cents; for every footman, six and a quarter cents; for every head loose or pack horse, six and a quarter cents: for every head of cattle, four cents; for every head of hogs, sheep or goats, two cents.

Sec. 2. And be it further enacted, That if the said David Peobles shall fail to keep the bridge and causeway annexed thereto, extending on each side of the swamp of said


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creek, in good order, it shall be lawful for any person on giving information, by oath, to the Judge of the County Court, or to any Justice of the Peace for said County, to recover from the said David Peobles the sum of twenty dollars, one half of which shall be for the use of the County, the other half for the use of the informant: Provided, that nothing in this act contained, shall be so construed, as to prevent the County Court of said County, from erecting another bridge at any other point over said creek, and regulating the toll thereof: And provided also, that nothing in this act shall be so construed, as to prevent any person or persons from fording the said creek, without paying toll.

[Approved, Dec, 14, 1822.]