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

AN ACT

To raise a Revenue for the support of Government until otherwise provided by law.

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That all lands in this state subject to taxation, shall belong to one class : the first quality of which shall be rated at sixteen dollars; the second quality, at ten; the third quality, at four; and the fourth quality, at two dollars; and the owner or person subject to pay taxes for the same, shall, when he or she shall give in a list of his or her lands, state on oath, to which quality they believe his or her lands belong.

Sec. 2. And be it further enacted, That the sum of ten cents for every hundred dollars value, be paid on all lands within this state, which have been cleared out of the land office, or to which a complete title has been obtained by the owner; and the tax on all lands purchased of the United State shall be proportioned to the number of instalments paid by the proprietor at the time of assessment, as well as to its class or quality: and if one instalment only, be paid to the government, one-fourth only, of the amount of tax accruing by the laws of the state on land of the same quality, shall be assessed or collected; and in like proportion when a second or third instalment shall have been paid.

Sec. 3. And be it further enacted, That the sum of ten


99

cents be paid, for every hundred dollars value of all lands, lots, of building, within any city or town, to be estimated by the person giving in the same, upon oath; thirty cents for every hundred dollars, on the amount of merchandize sold within the year immediately preceding the first day of January in each and every year, to be estimated by the owner, or in his absence by the principal clerk, giving in the same on oath; and for every slave not exceeding ten years, twenty five cent; and all over ten and under sixty one dollar; for all free male negroes and mulattoes, over twenty-one years, one dollar; for all free white males above the age of twenty-one years and not exceeding forty-five, fifty cents; for all pleasure carriages and harness, one dollar on every hundred dollars of their estimated value to be ascertained by the oath of the party giving in the same to the assessor; for every tavern licence, or leave to retail spiritous liquors, ten dollars; for every horse kept exclusively for the saddle or pleasure carriage, on dollar; and for every race horse, five dollars; for every public race track, twenty dollars; for every stud horse or jack ass, the amount for which said stud or jack may stand by the season; and all neat cattle which may be owned by any one citizen of this state, and for every head of neat cattle owned by any person not a citizen freeholder of this state, over twenty-five head, work oxen excepted, per head, four cents; for every billiard table kept for play, one thousand dollars; for each licence granted to every hawker or pedlar, in each county, twenty dollars; and in case any hawker or pedlar shall sell any goods or merchandize, without first taking out licence and paying for the same, agreeably to the provisions of the law, he shall forfeit and pay the sum of fifty dollars, to be recovered in any court having competent jurisdiction, one half to the use of the state, and the other half to the use of the informer; on all good sold at auction, other than those which are exempted by law, two per centum on the amount of sales; for every gold watch kept for use, one dollar; for every silver or other watch, kept for use, fifty cents; and for every clock, kept for use, one dollar, for money loaned at interest, for every hundred dollars, twenty-five cents; on every pack of playing cards sold, given away, or otherwise disposed of, fifty cents.

Sec. 4. And be it further enacted, That for every tavern licence in any city or town, there shall be paid as tax, twenty dollars; for keeping a house of public entertainment in any city or town, without retailing spiritous liquors, fifteen dollars; on every retailer of spiritous liquors in any city or town, ten dollars; on every retailer of spiritous liquors in the country or on the road or highways, without keeping


100

accommodations for man and horse, five dollars; and on all houses of public entertainment on the roads and highways, retailing spiritous liquors, five dollars; which tax shall be paid to the clerk issuing the licence, and by him, immediately, to the tax collectors; and the clerk shall receive for his services, the fees heretofore allowed for issuing licences; and no county tax shall be paid on licenses, except such as may be levied by the county court of such county.

Sec. 5. And be it further enacted, That on all shares of Bank stock in any bank in the state, held by any individual, partnership, or body corporate, there shall be levied and collected, yearly a revenue at the rate of fifty cents on each share of one hundred dollars: Provided nevertheless, that if any Bank in this state shall refuse to pay specie for their notes after the first day of August next, then and in that case, three shall be levied and collected, an additional tax of fifty cents on each share held as aforesaid in any Bank or Banks so refusing to pay specie for their notes; and the president and directors, or cashier, on making out their last dividend for each preceding year shall return the said amount of taxes, and pay the same into the treasury of this state and shall produce the treasurer’s receipt, on or before the first day of January in every year: an don failure there-of, the president and directors of said Bank or any number of them in their corporate capacity, shall pay to the state two thousand dollars: and in case of any such failure, it shall be the duty of the Comptroller of public accounts, to direct the solicitor of the circuit in which such defaulting Bank or Banks may be, to proceed to the recovery of the same, on motion in the circuit court; the said Comptroller of public accounts giving notice in the Cahawba Press to the said defaulting bank or banks of motion so to be made and the certificate of said Comptroller shall be deemed and taken as full and sufficient evident of such default or failure.

Sec. 6. And be it further enacted, That when the time shall have expired within which the lists of taxable property are to be received, it shall be the duty of the assessor of taxes to ascertain whether there be any lands or town lots within their respective counties, sold under the authority of the United State, previously to the first day of September, one thousand eight hundred and nineteen, which have not been assessed; and in case any such be found, which have not been forfeited, he shall assess the same according to the rate of assessment prescribed by law on town lots and lands for which a complete title has been obtained, and such lots for lands shall be double taxed.

Sec. 7. And be it further enacted, That the collectors of taxes in the several counties, shall, at the time and in the


101

manner prescribed by law, make distress and sale of the goods and chattels, lands and tenements of all delinquents in making return of taxable property, or in payment of taxes: and in cases of taxes assessed in the manner directed in the preceding section on lands or town lots, to which a complete title has not been obtained, and in which other property, sufficient to satisfy the taxes due, together with all costs and charges accruing thereon, cannot be found, it is hereby expressly made the duty of the respective collectors of taxes, to give notice by advertisements, at the door of the court house of the proper county and at two other public places within the county, that on a certain day (which shall be at least thirty days after the date of each advertisement) he shall at the court house of his county, offer for rent, the town lot or lots, or so much of the land (as the case may be,) and for such term as may be necessary, to satisfy the taxes due, and costs and charges thereon; and he shall accordingly offer for rent to the highest bidder, until the first day of January succeeding the January immediately ensuing, the town lot or lots or such portion of the lands (as the case may be) as he may designate, beginning in the case of lands with ten acres, or with as much less than ten acres as may be necessary to pay said tax and costs, or by adding ten thereto as often as may be necessary to obtain by such rent a sufficient sum to satisfy taxes and costs; and in case the town lot or lots, or lands cannot be rented for a sufficient sum on the terms aforesaid, they shall be offered for two years from the first day of January immediately ensuing, or until a complete title to the same shall be produced or the same shall be forfeited to the United States: Provided, that the production of a complete title shall in every case aforesaid, entitle the owner to the possession of the premises, upon reimbursing the amount paid for taxes, and the charges thereon, to the party by whom such payment has been made, and saving to the occupant the crop which may be on the premises: and should the rent in any case exceed the amount of taxes and charges, the right owner of the town lot or lots or lands, (as the case may be), shall be entitled to receive the overplus.

Sec. 8. And be it further enacted, That the collectors of taxes respectively, shall, by an instrument of writing convey to the party renting the premises as aforesaid, the use thereof for and during the time for which they were rented, and shall in addition to the compensation allowed by law, be entitled to receive one dollar, for executing every such instrument of writing; and such instrument conveying the use of the premises as aforesaid shall be good and sufficient both in law and equity: Provided that whenever the


102

collector shall find the tenant in possession, who may refuse to pay the tax, or render possession of the premises which may be thus taxed and unpaid, he shall have full power to proceed instanter, in the same manner, as is or may be authorized in cases of forcible entry and detainer, and the refusal of the tenant in possession to render peaceable possession of the premises, on demand, shall be considered as evidence of forcible detainer.

Sec. 9. And be it further enacted, That the tax collector shall be authorized and is hereby required to convey by deed, any land he may sell under the provisions of this act, where a complete title has been obtained: Provided, the owner or owners of any lands sold for taxes, may redeem the same at any time within twelve months, by the proper owner or owners, or their agents, paying the same amount of tax and costs paid by the purchaser with interest at the rate of fifty per centum, per annum, from the day of sale, until said redemption and costs.

Sec. 10. And be it further enacted, That every person who shall exhibit or cause to be exhibited for hire or emolument, any museum, wax works, feats of activity, slight of hand, or plays shall first obtain from the clerk of the county court of the county where the same may be exhibited, a licence authorizing the same, for which the party applying shall pay to the clerk twenty dollars for the use of the state, together with one dollar as a fee to the clerk, for issuing the same; and the clerk shall account for the said tax, in the same manner as he is required to account for taxes collected on retail and tavern licences: and every person who shall exhibit as aforesaid, without first obtaining such licence, shall forfeit and pay the sum of fifty dollars, to be recovered before any justice of the peace, at the suit of said clerk, or any other person in the name of the said clerk; which sum so recovered shall be paid over as aforesaid after deducting therefrom ten dollars for the use of the person who may sue as aforesaid.

Sec. 11. And be it further enacted, That stud horses and jack asses, shall be taxed from and after the first day of April, and the assessor shall take the list of those articles in relation to that day; and it shall be the duty of the collector of the revenue to collect the tax on all jack asses and stud horses which have stood the season in their respective counties, whether they have been listed with the assessor or not, and account for the receipts as other taxes.

Sec. 12. And be it further enacted, That if any person shall remove from the county in which he may reside after the first day of April next, without returning to the assessor a list of his taxable property, then and in that case, he shall


103

return to the assessor of the county to which he shall remove, a list of his taxable property.

Sec. 13. And be it further enacted, That if any person or persons shall by him or themselves, or by his, her, or their agent, keep a billiard table for play, without first obtaining a licence from the county court in which said billiard table may be kept, he, she, or they, shall forfeit and pay the sum of two thousand dollars; to be recovered in any court having jurisdiction thereof, one half to the person suing for the same, the other half to the state: Provided, that all town property shall be valued by the assessor, where the owner of such property refuses to give in the same upon oath.

Sec. 14. And be it further enacted, That no collector shall be authorized to collect any tax until the assessment shall have been completed and a list thereof returned to the clerk of the county court of his county.

[Approved, Dec. 27th 1822.]

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

AN ACT

To authorize a levy of a county tax in St. Clair, for the purpose of building a court house.

Sect. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the Judge of the county court and commissioners of roads and revenue of St. Clair county, be, and they are hereby authorized to levy an extra tax on all persons and property in said county subject to taxation, not exceeding one half on the amount of the state tax, to be collected by the tax collector of said county in the same way, manner, and at the same rate of compensation as the state tax is collected, and by him paid to the commissioners appointed to superintend the public buildings for said county.

Sec. 2. And be it further enacted, That all acts already, or hereafter to be performed by the commissioners appointed to superintend the public buildings in St. Clair county, shall be considered lawful and conclusive; and the said commissioners shall be paid, out of the county treasury one dollar per day, for each day they may be employed in discharging the duties required of them by law.

[Approved, Dec, 31, 1822.]

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

AN ACT

For the relief of certain Tax Collectors therein named.

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the tax collectors of the counties of Limestone, Lauderdale and Madison, be and they are hereby allowed until the first Monday of March next, to collect and remit to the comptroller’s office the remainder of the revenue due from said counties of Limestone, Lauderdale and Madison.


104

Sec. 2. And be it further enacted, That the tax collector of Jackson county be allowed until the first day of April next to procure and return a list of insolvents in said county.

Sec. 3. And be it further enacted, That the provisions of this act shall not extend to the tax collectors above mentioned, or either of them, until he shall have entered into bond and security payable to the Governor and his successors in office, in double the amount of the arrearages which may be due and unpaid; conditioned that they will collect and pay over the sums due within the time prescribed by the provisions of this act, and which bonds shall be approved by the Judges of the county courts, respectively.

Sec. 4. And be it further enacted, That the tax collector of Marengo county be allowed until the first day of March next, to complete his collection and pay over the balance due by said collector, into the treasury.

[Approved, Dec. 31, 1822.]

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

AN ACT

Authorizing George Cox, administrator of Benjamin Cox, deceased, to sell and transfer certain real estate.

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That George Cox, administrator of the estate of Benjamin Cox, deceased, late of the county of Tuskaloosa, be, and he is hereby, authorized and empowered to sell and transfer the following lots, to wit: one lot in the town of Huntsville, Madison County, fronting on Clinton Street, containing, according to the survey of the said town two acres, and one hundred and thirty one perches, belonging to the said estate; also, all the right title and interest held by said decedent in his lifetime, to lots numbered six, two hundred and eighty four, two hundred and seventy six, three hundred and twenty three, four hundred and seventy-seven, four hundred and seventy-eight, four hundred and seventy-nine, four hundred and eighty, four hundred ad eighty one, four hundred and eight two, four hundred and eighty three, four hundred and eighty four, three hundred and seventy one, three hundred and seventy two, three hundred and seventy three, three hundred and seventy four, four hundred and one, four hundred and two, four hundred and three, four hundred and four, lying in the lower part of the town of Tuskaloosa, on such terms and conditions as the said administrator may deem most advisable and advantageous to the interest of the said estate: Provided, that twenty days notice shall be given in the paper published in the town of Tuskaloosa, previous to the sale.

Sec. 2. And be it further enacted, That the said administrator shall, before such sale and transfer; enter into bond with sufficient security, payable to the judge of Tuskaloo-


105

sa county for the time being and his successors in office, in such sum as said Judge may require, for the proper distribution of the money arising from the sale of the aforesaid lots, agreeably to the existing laws regulating the distribution of personal estates of deceased persons.

Sec. 3. And be it further enacted, That this act shall commence and be in force, from and after the passage thereof.

[Approved, Dec. 31, 1822.]

===========

AN ACT

In relation to the estate of James White, deceased.

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, that Mary White, widow of James White, deceased, of the county of Madison be, and she is hereby, authorized and empowered, by and with the consent of Samuel Bigham, of Lawrence county, to rescind and cancel a contract entered into by her husband, James White, in his lifetime, with the said Samuel Bigham, for a certain quarter section of land, lying and being in the county of Lawrence; and the said Mary White is hereby authorized to assign over to the said Samuel Bigham, the certificate for said quarter section of land so purchased, so soon as the said Samuel Bigham shall surrender and give up the notes to the said James White, deceased, for the purchase money; and the assignment thus made is hereby declared to be as full and complete, as if it had been made by the said James White, in his lifetime.

Sec. 2. And be it further enacted, That John Davis, David H. Craig, Tinsley Davis, James Craig and Hugh Bernard, be, and they are hereby authorized and empowered to divide the quarter section of land purchased of the United States, by said James White, deceased, and Matthew White, in copartnership, and allot to each party their respective parts of said quarter section of land, so purchased in copartnership, agreeably to the terms and conditions of the contract, between the said Matthew White, and James White, deceased, in his lifetime.

Sec. 3. And be it further enacted, That the said John Davis, David H. Craig, Tinsley Davis, James Craig and Hugh Bernard, shall, before they enter on the duties assigned them by the second section of this act, take the following oath, to be administered by some Judge or justice of the peace, in and for the county of Madison, to wit: ¾ "I _____ ____ do solemnly swear (or affirm as the case may be,) that I will discharge the trust reposed in me, by the second section in this act, faithfully, without partiality favour or affection to the best of my skill and judgment¾ so help me God."

[Approved, Dec, 31 ,1822.]

14


106

AN ACT

For the government of the Port and Harbor of Mobile.

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That there shall be and hereby is, established a Board of Wardens for the port of Mobile, to consist of five discreet persons, to be chosen by the Legislature, one of whom shall be chose as Harbour Master, and who shall hold their office during the term of three years; and that the said Harbour Master and Wardens, and their successors in office, shall compose the said Board of Wardens hereby established, and shall be called and known by the name of The Harbour Master and Wardens of the Port of Mobile, and shall have full power and authority to have and use a common seal, with such device as they may think proper, and the same to break, alter and renew at their pleasure: and further, that all fines, penalties and forfeitures, arising under this act, or the rules and regulations to be made by the said Board of Wardens in pursuance thereof, shall and may be sued for, and recovered in any court having cognizance thereof, by the said Board of Harbour Master and Wardens, or their successors in office, by their said name of the Harbour Master and Wardens of the Port of Mobile.

Sec. 2. And be it further enacted, That each and every person, who, at any time hereafter, shall be appointed Harbour Master or Warden of the port of Mobile, shall, before he enters upon the duties of his office, take and subscribe an oath or affirmation, before the mayor or one of the aldermen of the city of Mobile, in the following words: "I will well, truly and faithfully, according to the best of my skill and understanding, execute and perform the powers and duties vested in or injoined upon me by law, as Harbour Master (or one of the Wardens, as the case may be) of the port of Mobile;" ¾ which oath or affirmation shall be filed in the office of the clerk of the corporation of the city of Mobile.

Sec. 3. And be it further enacted, That the said Harbour Master and Wardens shall appoint a clerk, and keep an office in the city of Mobile, at which office one or more of the Wardens or Harbor Master, shall give occasional attendance, and their said clerk shall give attendance daily, Sundays and the fourth day of July excepted; and that said Board of Harbour Master and Wardens shall cause to be made and kept by their clerk in a book or books, by them to be provided for that purpose, regular fair minutes and entries of all orders, regulations, transactions and proceedings of the said Board, under and by virtue of this act; and which said book or books of entries shall and may be inspected by any person or persons desiring to inspect the same, such person or persons desiring to inspect the same, paying the said clerk twenty-five cents each time the said books shall at his or their request be opened and examined; and further, the said clerk shall give true copies of such entries or minutes so to be made in said book or books to such person or persons as may require the same


107

such person or persons paying therefor to the said clerk, whatever sum the Harbour Master and Wardens shall deem a sufficient compensation, to be established by the Board of Master and Wardens.

Sec. 4. And be it further enacted, That the said Harbour Master and Wardens shall meet at their office in the city of Mobile, on Monday, in every week, and at such other time or times, as the Harbour Master or two of the Wardens, may direct and appoint: and that the said Board, any three of whom shall be a quorum, shall have full power and authority when so met, from time to time, to grant licences, under the limitations hereinafter in that behalf prescribed, to such and so many fit and proper persons not exceeding ten in the whole, as they may deem necessary and sufficient, to act as pilots for the safe pilotage of ships and vessels to and from the port of Mobile; and also to grant licences to such person or persons as the said Board shall approve of, to act as deputy pilots under such said licensed pilots, not exceeding the whole number of pilots thus to be appointed; and further, that the said Board of Master and Wardens shall have full power and authority at any time or times, to revoke and annul any licence that may be by them granted to any person to act as pilot of any description, or as deputy pilot, or to suspend any licensed pilot or deputy pilot from acting as a pilot or deputy pilot for any period of time they may think proper: and further that the said Board of Master and Wardens shall have full power and authority from time to time to make and establish rules, orders and regulations, not inconsistent with the constitution and laws of this state, or of the United States, for the better government of the said pilots and deputy pilots, and with such fines and penalties for the branch thereof, as the said Board of Master and Wardens shall deem proper, and the same from time to time to revoke or amend: and the said Board of Master and Wardens may, moreover, by their order, absolutely revoke the licence of any pilot or deputy pilot, or suspend him from acting as a pilot for such time as they may think proper, for breaking any such rule order or regulation, or omitting any thing required by the same, or for acting in any manner contrary thereto; and in all cases whatever, a majority of the said Board of Master and Wardens shall be sufficient to decide upon any matter or question before the said Board, and the decisions acts, orders and proceedings of such majority, shall in all cases be as valid, binding and effectual to all intents and purposes as if the said Master and Wardens had all of them, been present and concerned therein: Provided, that before any pilot or deputy pilot shall be deprived of his licence, or suspended from acting there under, such pilot or deputy pilot shall be summoned by a notice in writing, to be delivered to him personally, or to be left at his usual place of abode at least fifteen days before the time specified therein for his appearance, to appear before the said Board of Master and Wardens, at such time as shall be specified in the said notice, to show cause, if any be


108

may have, against his suspension or the revocation of his licence; and if such pilot or deputy pilot shall neglect or refuse to appear at the time specified in such notice, before the said Board, or if the cause shown by such pilot or deputy pilot against his suspension or the revocation of his licence, shall not appear sufficient and satisfactory to the said Board, it shall and may be lawful for the said Board, either to revoke the licence of such pilot or deputy pilot, or to suspend him from acting as a pilot or deputy pilot, as they may judge proper, and an entry shall thereupon be made in the minutes of the said Board of Master and Wardens, of such revocation or suspension with the causes and reasons thereof; And provided also, that the several persons who now are pilots and deputy pilots of the port of Mobile, may, respectively, continue in such their respective employments, without any such licences as aforesaid, for the space of sixty days from the passing of this act, and no longer.

Sec. 5. And be it further enacted, That it shall be the duty of said board of Master and Wardens, before they grant a licence to any person applying therefor, to act as pilot of deputy pilot for the port of Mobile, to call such applicant before them, and to examine, or cause him to be examined, touching his qualifications for such an employment, and in particular touching his knowledge of the tides, soundings, bearings and distances of the several shoals, bars and points of land, in the navigation for which he applies for a licence to act as a pilot or deputy pilot; and touching any other matter the said board of Master and Wardens may think proper: and if upon such examination the person so applying shall be found and appear to the board of Master and Wardens, or a majority of them, to be of sufficient ability, skill and experience to act as a pilot or deputy pilot, as the case may be, and not otherwise, the said board of Master and Wardens, or a majority of them, may grant him a licence for piloting vessels to and from the port of Mobile; all such licences to be granted by the said board of Master and Wardens to persons to act as pilot or deputy pilot, shall be under the seal of the said board of Master and Wardens, and shall be signed by the Master, or in case of his death, absence or inability to act, by one of the wardens and shall be attested by the clerk of the said board of Master and Wardens, or the person acting as clerk for the time being; and which licence shall be in force, unless revoked, (and except during the suspension of the pilot or deputy pilot, acting under the same when suspended,) from the time of granting thereof, until the same shall be revoked by the Master and Wardens as aforesaid: Provided, that it may be lawful for the clerk to use his private seal as the seal of the board of Master and Wardens, until the said board obtain a seal.

Sec. 6. And be it further enacted, That the said Harbour Master shall have authority, to regulate and station all ships and vessels in the bay and harbour of Mobile, within the limits of the said corporation and at the wharves thereof, and remove from time to time such ships and vessels as are not employed


109

in receiving or discharging their cargoes, to make room for such others as require to be more immediately accommodated, for the purpose of receiving and discharging their cargoes; and as to the fact of their being fairly and bona fide employed in receiving or discharging their cargoes, the said Harbour Master is hereby constituted the sole judge: and the said Harbour Master shall have authority to determine how far, and in what instances it is the duty of masters and others having charge of ships and vessels, to accommodate each other in their respective situations; and if any master or other person shall resist or oppose to the said Harbour Master in the execution of the duties of his office, such master or other person having charge of any ship or vessel, or other person whatsoever, shall for every such offence, forfeit and pay the sum of fifty dollars to be recovered with costs of suit in the name of the Master and Wardens of the port of Mobile, before any court having cognizance thereof; all of which fines when collected shall be paid to the treasurer of the city of Mobile, for the use of the poor of the said county of Mobile.

Sec. 7. And be it further enacted, That it shall be the duty of the said Harbour Master and Wardens to superintend and enforce all laws of this state and all laws of the city of Mobile, for preventing and removing all nuisances, whatever, in and upon the wharves, within the corporate limits of said city.

Sec. 8. And be it further enacted, That the said Harbour Master shall have power to order any pilot or deputy pilot whom he may find in the city of Mobile to return to his station at Mobile-point; and any pilot or deputy pilot, refusing to comply with the said order, or who shall evade the same, or shall refuse or neglect to perform any of the duties hereinbefore imposed upon him, shall, on due proof thereof made to the said Master and Wardens of the said port, be subject to a fine not exceeding fifty dollars to be recovered with costs of suit, before any court having cognizance thereof, in the name of the Harbour Master and Wardens of the port of Mobile, or to be suspended for any definite time from acting as pilot, as the case may be, or to have his licence taken from him as pilot or deputy pilot, as in the judgment of the Master and Wardens may seem proper.

Sec. 9. And be it further enacted, That the said Harbour Master, in case of sickness or temporary absence shall have power to appoint a deputy, and the same to remove or displace, and appoint another in his room; and further, the said Harbour Master shall have power to demand and receive from the commander, owners or consignees, or either of them, of every ship or vessel that may enter the port of Mobile and load, unload, or make fast to any of the wharves within the limits of said city, at and after the rate of three cents per ton; to be computed from the tonnage expressed in the registers of such ships or vessels, respectively and no more: Provided always, that the sums shall not extend to chalons, flats or keel-boats, which are employed in the river trade, unless upon the application of the person having charge of such chalon, flat or keel-boat so employed, the


110

said Harbour Master shall interfere and adjust any difference respecting the situation or position of such flat or boat; which differences the Harbour Master is authorized to hear and determine; in which case the said Harbour Master may demand and recover in manner aforesaid, from the party in fault in the premises, the sum of two dollars for every difference so adjusted, and no more.

Sec. 10. And be it further enacted, That the said Harbour Master and Wardens shall be empowered to receive all pilotage money which shall become due; and on neglect or refusal of payment by the person who ought to pay the same, may sue for and recover the same in the name of the said Harbour Master and Wardens with costs, before any court having cognizance thereof; and the clerk of the said board of Harbour Master and Wardens shall keep a separate account with each pilot, of all monies received to his use, and the amount so due to each pilot shall be paid to them respectively, once in every three months, after deducting five per cent. for the trouble of the said Harbour Master and Wardens: and all fines and forfeitures arising under this act, except the forfeited recognizance of pilots and deputy pilots, shall be sued for and rocovered as aforesaid by and in the name of the said Harbour Master and Wardens; and no such suit shall discontinue or abate, by the death, resignation or removal from office, of the said Harbour Master or Wardens: and all such fines and forfeitures and the sums recovered on any forfeited recognizance and not applied in discharge of damages as hereinafter mentioned, shall be paid to the said Master and Wardens, and be by them applied towards defraying their necessary expenses arising in the execution of their trust.

Sec. 11. And be it further enacted, That every pilot or deputy pilot, hereafter to be appointed, before he takes upon himself the execution of his office, shall enter into a recognizance to the Governor of this state, with two sufficient securities, to be approved by the Harbour Master and Wardens aforesaid each pilot of the sum of one thousand dollars, and each deputy pilot in the sum of five hundred dollars, conditioned that he will diligently and faithfully execute the trust reposed in him as a pilot or deputy pilot (as the case may be) according to the directions of this act, and such rules and orders as shall be given and made in pursuance thereof; and every such recognizance if forfeited, may at the request of any person aggrieved be prosecuted in any court of this state, having cognizance thereof, to judgment and execution, as in other cases; and the amount of such recognizance when recovered, shall, by an order of the court in which the same is recovered, be paid to the said Harbour Master and Wardens, and the said Harbour Master and Wardens, or any three of them, shall in such case, and also at any time after said writ brought on such recognizance, if requested by any party interested therein, examine into and ascertain the damages sustained by the persons so aggrieved, and shall apply the monies so to be


111

received, or as much as shall be requisite to pay the damages so ascertained, and shall make report in writing to the court in which such recovery shall be had, of the damages so ascertained and paid: Provided, however, that if the pilot or deputy pilot so offending, shall, before judgment is obtained on his recognizance as aforesaid pay to the party aggrieved, the damages so ascertained by the said Harbour Master and Wardens in manner aforesaid, together with costs of suit, the suit on such recognizance shall be discontinued.

Sec. 12. And be it further enacted, That the said Harbour Master and Wardens, or any one of them, shall it called upon by the person commanding any Ship or vessel arriving from Sea, inspect the manner in which the hatches of such ship or vessel were secured, previous to the opening thereof for the purpose of discharge, and shall be present at the opening of the same, and shall upon every such survey, certify under his hand how the said Hatches appeared to him, for which certificate he shall be entitled to two dollars; and the said Harbour Master and Wardens or any two of them, shall be surveyors of damaged goods brought into the Port of Mobile in any Ship or vessel, and, with the assistance of one or more skilful Carpenters, shall be surveyors of any damaged vessel deemed unfit to proceed to Sea; and they shall upon every such survey, certify under their hands, how the vessel or vessels so surveyed appeared them, and shall cause entries to be made in a book to be kept for that purpose in their office, and for each certificate and entry they shall be entitled to two dollars, and for every duplicate thereof, one dollar; and the said Wardens shall severally be entitled for their services as surveyors of damaged good or vessels, at the rate of two dollars and fifty cents per day, and further, it shall solely belong to the said Master and Wardens or any two of them, to order and direct the sale of damaged goods by public auction, giving notice of such public sale, at least two days before such sale is to take place, in some newspaper published in the city of Mobile; and at least two of the said Wardens, shall be present at such public sale, and shall certify to the truth of the account of sales of the auctioneer by whom such damaged goods shall be sold; and for such attendance and certificate shall be entitled to the sum of ten dollars.

Sec. 13. And be it further enacted, That neither the Harbour Master nor Wardens aforesaid shall be concerned directly or indirectly in any pilot boat or with any pilot in respect to the business of his trust.

Sec. 14. And be it further enacted, That the said Harbour Master and Wardens shall furnish every pilot aforesaid, with printed instructions in english, to be shown by such pilot to the Master or Commander of every vessel, as soon as he shall go on board to take charge of such vessel to pilot her into the bay and harbour of Mobile.

Sec. 15. And be it further enacted, That from and after the first day __________________________every branch pilot of the bay and harbour of Mobile, shall be owner or part


112

owner of a pilot boat of no less than twenty two feet keel, and seven feet and a half beam and to row not less than twelve ears, and shall keep such boat exclusively employed as a pilot boat; and every such branch pilot not owning or employing a pilot boat as aforesaid shall forfeit his office, and in the meantime shall be suspended as aforesaid by any three of the Master and Wardens aforesaid.

Sec. 16. And be it further enacted, That the Master or owners of any ship or vessel, appearing in distress, and in want of a pilot, on the coast, shall pay unto such branch or deputy pilot who shall have exerted himself for the preservation of such ship or vessel, such sum for extra services, as the said Master or owner and pilot can agree upon; and in case no such agreement can be made, the Master and Wardens aforesaid, or any three of them, shall determine what is a reasonable reward; and the sum so determined by them, shall be collected in the manner by this act directed, for the collection of pilotage.

Sec. 17. And be it further enacted, That if the Master of any ship or vessel coming into the bay of Mobile, and being without the bar, shall refuse to receive on board and employ a pilot the Master or owner of such ship or vessel shall pay to such pilot, who shall have offered to go on board and take charge of the pilotage of such vessel half pilotage.

Sec. 18. And be it further enacted, That if any vessel going out of the bay of Mobile shall carry off to sea, through the default of the Master or owner of such vessel, any pilot or deputy pilot when a boat is attending to receive such pilot or deputy pilot from on board such vessel, the Master or owner of such vessel shall pay to the Master and Wardens of the Port of Mobile, besides the pilotage of such vessel, the like wages per month, until he shall return to the Port of Mobile, as the monthly wages to the mate of such vessel; Provided, that such pilot or deputy pilot shall have performed the duties required of him by this act; and if any money shall have been paid to such pilot by the master, or owner or factor of such vessel, the same shall be deducted from the monies to be paid to the Master and Wardens, for the use of such pilots.

Sec. 19. And be it further enacted, That it shall be lawful for every pilot or deputy pilot aforesaid, to ask and receive pilotage from any person who shall employ him to pilot any ship or vessel from sea, to within the bars at the mouth of the bay of Mobile, and shall if required, there safely moor such vessel, and likewise from every person who shall employ him to pilot any ship or vessel from within the bay of Mobile to the eastward and southward of the said bars, so far that such vessel may safely proceed to sea, at the rate of two dollars for every foot of water such ship or vessel shall draw.

Sec. 20. And be it further enacted, That for every day which any pilot aforesaid shall be required to remain or be detained on board any ship or vessel, by the Master thereof, waiting for a fair wind or otherwise, he may demand and receive the sum of two dollars: Provided, however, that nothing shall be demand-


113

ed or received from the master or owner of any vessel employed between the Port of Mobile and any other port in this State, for refusing to receive and employ such pilot.

Sec. 21. And be it further enacted, That nothing in this act contained, shall be construed to apply to the regular packets and traders between Mobile and New Orleans.

Sec. 22. And be it further enacted, That if any person not appointed as a pilot or deputy pilot as aforesaid, shall pilot any ship or vessel, either into or out of the bay or harbour of Mobile, he shall forfeit and pay the sum of twenty-five dollars; unless, such ship or vessel be in distress, or no regular pilot can be had.

Sec. 23. And be it further enacted, That all acts and parts of acts coming within the purview and meaning of this act, be, and the same is hereby repealed: Provided, however, that no Port Warden elected or appointed as aforesaid, shall, either directly or indirectly, act as auctioneer in the sale of damaged goods condemned by the provisions of this act.

[Approved, December 23, 1822.]

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

AN ACT

To establish certain election precincts in the counties therein named.

Sect. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the election precinct heretofore established at the house of Fedrick on Town-creek in the county of Dallas, he and the same is hereby discontinued; and that an election precinct is hereby established, at the house of Daniel Hardy an Old-town creek, in said county.

Sec. 2. And be it further enacted, That an additional precinct for Dallas county, is hereby established at the house of James S. Gaines, on the road leading to Perry court-house and one at the house of Richard Hall in the Mulberry settlement: and, that the election precinct, late at the house of Capt. Yoast be, and is hereby, discontinued.

Sec. 3. And be it further enacted, Tat the following election precincts be established in the County of Conecuh, to wit: one at the house of George Constantine; one at Brooklyn; and one at Rabb’s store: and that the precincts heretofore established at the house of James Caldwell, and at the house of William Blackshire, be, and they are hereby, discontinued.

Sec. 4. And be it further enacted, That there be an election precinct, in addition to those already established, at the house of Alexander McLeod in Marengo County.

Sec. 5. And be it further enacted, That the following additional election precincts, shall be established in the County of Tuskaloosa, to wit: one at the house of Capt. Manly Files on North river, and other at the mill of James Foster, Esq. on Grant’s creek.

15


114

Sec. 6. And be it further enacted, That the election precincts heretofore established at the house of James Sparks and _______ Johnson’s in Montgomery county, be and the same are hereby discontinued; and that an election precinct be established at John Steele’s store; and one at the house of William Graves in the neighborhood of said Johnson, in said county.

Sec. 7. And be it further enacted, That an additional election precinct be established at the house of Traverse George, in the county of Mobile.

Sec. 8. And be it further enacted, That in addition to the election precincts already established in the county of Shelby, one shall be established at Harpersville, at the house of John Kidd.

Sec. 9. And be it further enacted, That Jackson county shall have an additional election precinct, at the house of Thomas Williams on Racoon creek.

Sec. 10. And be it further enacted, That the election precinct heretofore had at Wm. W. Pruett’s in Decatur county, be and the same is hereby discontinued; and one in lieu thereof, at the house of Wyatt Lawes in said county, be hereby established.

Sec. 11. And be it further enacted, That there shall be two election precincts established in Marion county in addition to those heretofore established; one at the house of Joseph Burleson on Buttahatche river, and one at the house of William H. Ragsdale, on the military road.

Sec. 12. And be it further enacted, That in addition to the election precincts already established in the county of St. Clair, there shall be an election precinct at the house of Henry Box, esq. in Coosa valley.

Sec. 13. And be it further enacted, That an additional election precinct be and is hereby established at the house of Adam Torrance, in the county of Morgan.

Sec. 14 And be it further enacted, That the law establishing an election precinct at Ryser’s shop, in Limestone county, be, and the same is hereby repealed; and that an election precinct be established at the house of John Hardin, in said county.

Sec. 15. And be it further enacted, That in addition to the election precincts already established in the county of Wilcox, an election precinct is hereby established at the house of Obadiah Domus; and also an election precinct is hereby established at the house of John McCondichie, senior, on Cedar creek, the north side of Pine barren creek.

Sec. 16. And be it further enacted, That in the county of Perry, the election precincts at capt. William Waters’s and Doctor Locket’s in Old-town settlement, be and the same are hereby abolished; and in lieu thereof, there shall be an


115

election precinct at Durden and Oliver’s store, and an additional election at _________ Milton’s on the Oakmulgee creek; the election precinct at capt. McCuskey’s be and the same is hereby abolished, and in lieu thereof, there shall be a precinct on Brush creek, at the house of Samuel Tubb, and a precinct at the house of Richmond Carroll.

Sec. 17. And be it further enacted, That the election precinct heretofore established at the house of capt. Daniel, in the county of Greene, be discontinued; and a precinct in lieu thereof be established at the master ground of capt. Trussel: and also, that the election precinct heretofore established at the house of Abner Cotton be discontinued, and a precinct in lieu thereof be established at the muster ground of capt. Bell.

Sec. 18. And be it further enacted, That the election precincts in the county of Blount shall be, as follow: the election precinct at capt. Robert’s muster ground be discontinued; and in lieu thereof, the election shall be held at the muster ground of capt. Brinlie, at the house of Jesse Watson; and that the precinct election at the muster ground of capt. McDaniel be discontinued, and in lieu thereof, the election shall be held at the house of James Anderson, senior; one other election precinct, at the house of James Doyle; and one other at the house of Thomas A. Williams, in said county.

Sec. 19. And be it further enacted, That there shall be an additional precinct election held at the house of Jesse Clements in the county of Pickens; and that the election held at the house of Coxes, shall be discontinued.

Sec. 20. And be it further enacted, That two additional election precincts be established in the county of Conecuh, one at each house of John Bell, and one at the house of James Grace; and that the election precinct heretofore established at the house of David Hendrick, is hereby discontinued.

Sec. 21. And be it further enacted, That the election precinct heretofore established at Geo. W. McGaughie’s in the county of Lawrence, be and the same is hereby discontinued; and in lieu thereof, that an election precinct be established at the must ground of capt. Blackwell’s company in said county.

Sec. 22. And be it further enacted, That in addition to the election precincts heretofore established in the county of Monroe, an election precinct is hereby established at the house of Joses Parker, in said county; and also an election precinct be established at the house of Matthew Averett; in said county.

Sec. 23. And be it further enacted, That in the county of Bibb, there shall be an election precinct established at the house of Daniel Williams esq. on Mulberry creek in said county.

[Approved, Dec. 26, 1822]


116

AN ACT

To organize the Counties of Covington and Pike.

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That Alexander McCall, Obadiah Pitts, James Arthur, Edmund Hobby, and Daniel Lewis, be, and they are hereby, appointed Commissioners for the County of Pike, a majority of whom shall have power and authority to designate and fix upon a suitable place for a seat of Justice for said county; to contract for, and superintend the erection of such public buildings for the use of said county, as they may deem necessary; which shall be let to the lowest bidder, after giving twenty days notice, at three or more public places in said county of the time and place when and where, the same shall be let; and until a selection shall be so made, that the house of Samuel Sivilley be the seat of justice for said county.

Sec. 2. And be it further enacted, That John M. Chapman, William Arthur, junior, Henry Jones, Abel Polk, and John Cruse be, and they are hereby, appointed commissioners for the county of Covington, a majority of whom shall convene on the first Monday in March next, at the place fixed upon as the seat of justice for said county; and a majority of the commissioners for the county of Pike shall meet at the house of Samuel Sivilley, on the day aforesaid, and proceed to hold elections for a sheriff, a clerk of the circuit court, a clerk of the county court, and commissioners of the revenue and roads, for their respective counties, under such regulations as are prescribed by law.

Sec. 3. And be it further enacted, That said commissioners shall, before they proceed to the discharge of the duties required of them by the foregoing section ,take the oath required by law to be taken by managers of elections for the General Assembly, to be administered by the Judge of the county court, or any justice of the peace.

Sec. 4. And be it further enacted, That the commissioners aforesaid, be, and they are hereby empowered to receive and obtain from the treasurer of their respective counties, such sum of money remaining in the treasury, which may be contracted for with such undertakers; and to remunerate themselves for the actual expenses which, in the execution of their duties as commissioners aforesaid, they may necessarily incur.

Sec. 5. And be it further enacted, That the Judges of the county courts and commissioners of roads and revenue of Pike, Covington and Henry counties, be, and they are hereby, authorized to levy an extra tax, not exceeding fifty per centum upon the amount of the general tax, for county purposes.


117

Sec. 6. And be it further enacted, That thirty days shall hereafter be allowed for making returns from the general elections for a senator and representatives, to the counties of Henry, Covington and Pike, any law to the contrary notwithstanding.

Sec. 7. And be it further enacted, That if the aforesaid commissioners shall fail to meet at the time appointed to perform the duties prescribed by this act, that they shall have power to meet on the first Monday in April next.

Sec. 8. And be it further enacted, That the election precinct at the house of John Turner, in Henry County, be discontinued; and in place thereof, an election shall be held at the house of John Morgan: that in addition to the precincts already established for Henry county, an election shall be held at the house of Robert Jones.

Sec. 9. And be it further enacted, That the commissioners of the counties of Pike and Covington shall have power to lay off their respective counties into beats; and shall order an election for constables, justices of the peace, captains and all inferior commissioned military officers in the different beats of their respective counties; and it shall be the duty of the sheriff of those counties, so soon as elected and commissioned to superintend and conduct said elections.

Sec. 10. And be it further enacted, That hereafter the person employed to carry and distribute the public acts shall not be entitled to any pay for carrying and distributing the acts in Henry, Pike and Covington counties, unless he produce a receipt from the clerk of the circuit court, that the same were delivered in due time.

[Approved, Dec. 12, 1822.]

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

AN ACT

To alter the boundaries of Perry county.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That township sixteen in range six be added to, and hereafter form a part of Perry county.

[Approved, Dec. 30, 1822.]

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

AN ACT

Supplementary to An Act to establish the permanent Seat of Justice in the County of Shelby, 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 Daniel McLaughlin, William Gilbert, Isaac Hutcherson, Edmund King, Bennett Ware, Webb Kidd, and Abraham Smith, esquires, be, and they are hereby appointed commissioners for the purpose of selecting and fix-


118

ing on the most convenient and eligible site for the seat of justice and for establishing the public buildings in said county.

Sec. 2. And be it further enacted, That the said commissioners or a majority of them, shall have power and authority, to procure by purchase or otherwise, a site as aforesaid, within six miles of the centre of the county; which centre shall be ascertained by the county surveyor, whose duty it shall be to have due regard to the different extremes in performing that duty, and shall receive such compensation for his services as the county court may deem reasonable, to be paid out of said county treasury; and should the commissioners not able be to find an eligible site within six miles of the centre thus found by the county surveyor, they shall then fix on the next nearest and most eligible site to the centre, having regard in every instance to the true interest of the county, and particularly to lightening the burthens of the people.

Sec. 3. And be it further enacted, That the said commissioners or a majority of them, shall, after fixing on the site as aforesaid, have power to dispose of any and all such real estate as they may receive by donation, purchase or otherwise, so as to promote the interest of the county; and shall further have power and authority to contract for all the necessary public buildings for the said county; shall have the direction of their several constructions, and superintend, reject, or receive the same when completed.

Sec. 4. And be it further enacted, That the commissioners aforesaid, shall meet at the place of holding courts for the said county, as early as practicable, which shall not exceed the first Saturday in April next, for the purposes aforesaid; and they shall have power to adjourn from time to time and to such place or places as a majority of them may deem proper: Provided, that the said commissioners before entering on their duties, shall take and subscribe the following oath or affirmation before some justice for the peace for said county, to wit: "I ________ _________, do solemnly swear or affirm, (as the case may be) that I will well and truly perform all the duties required of me as commissioner for fixing on the site for the seat of justice for the county of Shelby, pursuant to an act of the Legislature passed for that purpose, to the best of my knowledge and ability without favour or partiality to men or places — so help me God."

Sec. 5. And be it further enacted, That it shall be the duty of the judge of the county court and the commissioners of roads and revenue for said county, to fill such vacancies as may occur by the death, resignation, or refusal to act, of any of the commissioners appointed by this act; and


119

should the commissioners or a majority of them, appointed by this act, or by the judge and commissioners aforesaid, neglect or refuse to meet and enter on their duties in fixing the seat of justice for said county, until the last day of April next, then and in that case, the judge of the county court and the commissioners of the roads and revenue for the said county shall be vested with all the powers and authority which the commissioners appointed by this act are vested with, in selecting and fixing on a site for the seat of justice in the said county; and shall be subject to all the restrictions, and shall take the same oath as is required of said commissioners, and shall be entitled to the same remuneration for their services.

Sec. 6. And be it further enacted, That the commissioners appointed by this act or such as may perform the duties herein required, shall each receive as compensation for their services, one dollar per day for each day they may be necessarily employed in performing tat duty; which compensation shall be paid out of any monies remaining in the county treasury not otherwise appropriated: Provided, that they shall first apply to the clerk of the county court and give in on oath the number of days he or they have been employed as aforesaid, and shall receive a certificate from the clerk to that effect.

Sec. 7. And be it further enacted, That Peyton King and John Martin, be, and they are hereby, appointed additional commissioners for the county of Jefferson, to have, exercise and perform, all and singular the powers and duties belonging to the commissioners appointed by an act of the General Assembly of this state, passed at Huntsville, the thirteenth day of December, eighteen hundred and nineteen.

[Approved, Dec. 30, 1822.]