LAWS OF ALABAMA.

AN ACT providing for the erection of a State Capitol.

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 erected in the town of Tuscaloosa, on such site as may be hereafter selected by the General Assembly, during their present session, a State Capitol, in a style suitable to the dignity, and corresponding with the general convenience, of said state.

Sec. 2. And be it further enacted, That for the erection of the aforesaid State Capitol, John B. Hogan, James Hogan, James H. Dearing, Henry Minor and John L. Tindall, shall be, and they are hereby, appointed commissioners, whose duty it shall be to make such contract or contracts with such undertaker or undertakers as to them may appear best to subserve the public interest for the accomplishment of said work, and also to cause such undertaker or undertakers to enter into such obligations, payable to the Governor for the time being, and his successors in office, and under such penalties, and with such conditions, as they shall think proper, for the faithful, prompt, and correct performance of the same. The said commissioners shall also have power, and it is hereby made their duty, to appoint some fit and discreet person to act as superintendent of the aforesaid work, who shall be required to give his constant attention to the same, and see that the work done on the said State Capitol, in all its parts, is faithfully executed, and of good and durable materials: Provided, That neither the commissioners or superintendent shall be, directly or indirectly, concerned in the said contract as undertakers.

Sec. 3. And be it further enacted, That the aforesaid commissioners shall give at least ninety days notice, by advertisement, published in some public newspaper, printed in the city of Mobile, the town of Tuscaloosa, and the town of Huntsville, of the contract aforesaid, and invite therein proposals for the same.

Sec. 4. Be it further enacted, That the aforesaid commissioners shall adopt such a plan for the aforesaid building (as to them may appear fit and convenient, according to the tenor hereof,) or such as may be furnished them by the present General Assembly; which plan, if furnished, shall be binding on said commissioners.


4

Sec. 5. Be it further enacted, That the commissioners aforesaid shall cause the said State Capitol to be completed at as early a time as practicable, not exceeding three years: Provided, That in all cases a majority of the aforesaid commissioners shall at all times be sufficient for the discharge of any duties assigned them by this act; and also, that in case of vacancy in the Board of Commissioners from death, resignation, refusal to qualify, or other cause, such vacancy shall be filled by the Governor: And provided further, That the superintendent appointed pursuant to the provisions herein contained shall receive such compensation as shall be adjudged proper by a succeeding legislature.

Sec. 6. Be it further enacted, That for the erection of the State Capitol aforesaid, there shall be appropriated a sum not exceeding the seat of government fund, to be drawn from the treasury by warrant from the Comptroller, on the certificate of the aforesaid commissioners: Provided, That not more than one half of said fund shall be drawn from the treasury before the next meeting of the General Assembly: and also such public property in, and contiguous to, the town of Tuscaloosa, granted to the state by the citizens thereof, as may not be reserved for the public purposes: and that for any labor done on or appertaining to the said State Capitol, or for any materials and contingencies which may be necessary to carry the provisions of this act into effect, payment shall be made in the following manner, viz: The commissioners, or a majority of them, shall certify in writing the amount of money due to any under taker or undertakers for labor done, materials furnished, or for any necessary contingency; which certificate shall be presented to the Comptroller by the person or persons, or their legal representatives, to whom such sum or sums of money may be due; and it shall be the duty of the said Comptroller to issue his warrant upon the treasury for the amount of the same: Provided, the amount so certified shall not exceed the amount of money herein set apart and appropriated.

Sec. 7. Be it further enacted, That the said commissioners are hereby authorized and empowered to dispose of the aforesaid public property belonging to the state, granted by the citizens of the aforesaid town of Tuscaloosa, in such a manner as in their opinion will be most available, either by a sale and an application of the proceeds thereof, or by an application of the property itself in the way of payment.

Sec. 8. Be it further enacted, That the aforesaid commissioners and superintendent shall, before they enter upon the discharge of their duty, tale and subscribe an oath faithfully, impartially, justly and truly to perform the duties to them assigned by this act, according to the best of their knowledge and belief. And it shall be the duty of the commissioners aforesaid to lay before the General Assembly, within the three first days of their next session, a report of the state and


5

progress of said edifice; also, a correct and minute account of the disposition of the funds hereby appropriated.

Sec. 9. Be it further enacted, That this act shall be in force from and after the passage thereof.

Approved, Jan. 3d, 1827.

 

AN ACT appointing a mode in which the Site for the State Capitol shall be selected.

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the site for the for the State Capitol shall be selected by a joint vote of both Houses of the General Assembly, at the present session, and a majority of the votes given in shall be considered as sufficient evidence of the selection by the General Assembly.

Sec. 2. Be it further enacted, That no site shall be nominated, or voted for, unless satisfactory titles to such site, and the conditions on which it can be obtained, be first deposited with the principal clerk of the House of Representatives, to be read aloud to the members of the two Houses, before such joint vote to take place; and that all and every person or persons who may propose to sell to the State any lot or lots, as a site for the said Capitol, shall deposit with the said clerk a proposition shewing upon what terms the said lot or lots are offered to the state, accompanied by a bond or bonds, payable to the Governor for the time being, and his successors in office, conditioned to make good and complete titles to such lot or lots, in the event of the same being selected as the site for the said Capitol.

Sec. 3. Be it further enacted, That immediately after the selection of the site for the State Capitol as aforesaid is made, it shall be the duty of the Attorney General to cause good and sufficient titles to the same to be made in the name of the Governor of the state for the time being, and his successors in office, which titles shall be recorded and preserved in the office of the secretary of state.

Approved, Jan. 9, 1827.

 

AN ACT to secure additional lots for the erection of the State Capitol, and provided compensation for the site thereof.

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 required to issue his warrant in favor of James Childress, for the sum of one thousand dollars, to be paid out of the amount appropriated to erect a State Capitol; upon his executing a good and fee simple title to the Governor for the time being, and his successors in office, to lots numbered one hundred and forty-four, and one hundred and forty-five in the plan of the town of Tuscaloosa. Provided, That lots No. 143 and 146, or lots No. 126 and 129, according to the official survey of said town are obtained, as authorized by the second section of this act.

Sec. 2. Be it further enacted, That the Commissioners ap-


6

pointed by an act entitled an act, to provide for the erection of a State Capitol be, and they or a majority of them are hereby authorized to contract for lots No. 143 and 146, or lots No. 123 and 129, as known in the plan of said town, if the same can be obtained at a price not exceeding one thousand dollars for lots No. 143 and 146; or one thousand dollars, for lots No. 128 and 129: And the said Commissioners, or a majority of them, are authorized to draw an order on the Comptroller of public accounts, who shall issue his warrant on the Treasury for the amounts contracted as aforesaid to be given for said lots, to be paid out of the amount appropriated for the erection of the State Capitol.

Sec. 3. Be it further enacted, That the Commissioners aforesaid, or a majority of them be, and they are hereby authorized to appropriate to the use of the state, and attach the same to the site for the state capitol, and build the state capitol thereon if necessary, so much of broad street as lies north of lots numbered one hundred and forty-four and one hundred and forty-five in the plan of the town of Tuscaloosa.

Approved Jan. 13th, 1827.

 

AN ACT to amend an act to establish the Bank of the State of Alabama Approved December 20th, 1823.

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That so much of the 9th section of the above recited act as vested in the President and Directors of the State Bank of Alabama the right to fix the compensation of the officers, clerks and servants of said Bank be, and the same is hereby repealed and made void.

Sec. 2. And be it further enacted, That hereafter the compensation to be allowed to the cashier and other officers and servants of the Bank of the Bank of Alabama, shall be fixed by the General Assembly; Provided, That hereafter no allowance shall be made by the directors to the Cashier, Clerk or Teller, unless the Cashier be required to live in or adjoining the banking house; in which event rent may be allowed him by the Board, according to their discretion.

Sec. 3. And be it further enacted, That the annual salary of the President of the bank shall hereafter be eight hundred dollars, and that said salary be paid out of the dividends of the bank; the annual salary of the cashier, fifteen hundred dollars; the annual salary of the teller, one hundred dollars; and the annual salary of the clerk, eight hundred dollars.

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

Approved Jan. 9th, 1827.

 

AN ACT to exempt the Directors of the State Bank from certain public duties.

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the Directors of the Bank of the State be, and they are


7

hereby exempted from serving as jurors and performing militia duty - any law to the contrary notwithstanding.

Approved Jan. 13th, 1827.

 

AN ACT supplementary to an act to establish a State University.

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That in all suits or actions brought by or against the Trustees of the University of Alabama, in any court of law or equity in this state, that it shall not be necessary for their attorney or counsellor to produce the seal of the said trustees of the University of Alabama, or a power of attorney under the seal of the said corporation, to authorize them to appear and prosecute any suit or action in behalf of said trustees; and that the courts of law and equity aforesaid, shall, in all cases, recognize their attorney or counsellor in the same manner as in suits between individual and individual - any law, usage or custom to the contrary notwithstanding.

Approved, Jan. 5th, 1827.

 

AN ACT amendatory to an act entitled an act to class and fix the price of the University land, passed January 13th, 1826.

Sec. 1. Be it enacted by the Senate and House of Representatives of the state of Alabama, in General Assembly convened, That hereafter it shall be the duty of the President of the Board of Trustees, and he is hereby required to appoint Commissioners to class and fix the price of the University lands in the same manner, with the same powers, and under the same regulations; and said commissioners shall receive the same compensation as prescribed in the act to which this is an amendment.

Sec. 2. And be it further enacted, That the classification made by the commissioners elected for the second judicial circuit be, and the same is hereby made valid to all intent and purposes: And that hereafter it shall be lawful for thee commissioners to be appointed by this act where the university land lies in two judicial circuits, by the line dividing said circuits passing through said land, then and in that case, the said commissioners in either circuit may class the said lands.

Sec. 3. And be it further enacted, That so much of said act, to which this is an amendment, as requires the commissioners to be elected by a joint vote of both houses of the General Assembly be, and the same is, hereby repealed.

Approved Jan. 12, 1827.

 

AN ACT to provide for the distribution of the Public Arms among the different volunteer corps in this State.

Sec. 1. Be it enacted by the Senate and House of Representatives of the state of Alabama, in the General Assembly convened, That the public arms and accoutrements belonging to this state, shall be distributed among the volunteer corps of the same, in the manner and on the conditions hereinafter prescribed.


8

Sec. 2. And be it further enacted, That it shall be the duty of the Commander-in-Chief, on the application of the commander of a brigade, to issue his order to the Quarter-Master General, or person having charge of the public arsenal, to hand over the arms aforesaid in the following proportion to the different brigades, to wit: To the first brigade, seventy-two muskets & accoutrements; to the second brigade, seventy-two muskets and accoutrements; to the third brigade forty-eight muskets and accoutrements; to the fourth brigade one hundred and twenty muskets and accoutrements; to the fifth brigade, one hundred and sixty muskets and accoutrements; to the sixth brigade ninety-six muskets and accoutrements; to the seventh brigade one hundred and sixty muskets and accoutrements; to the eighth brigade one hundred and twenty muskets and accoutrements; to the ninth brigade ninety-six muskets and accoutrements; to the tenth brigade forty-eighth muskets and accoutrements; to the eleventh brigade ninety-six muskets and accoutrements; to the twelfth brigade seventy-two muskets and accoutrements; to the thirteenth brigade seventy-two muskets and accoutrements; Provided said application shall be accompanied with the bond of the Colonel commanding the regiment to which the volunteer corps for whose use the arms are drawn shall be attached, or some other officers of said regiment, with good and sufficient security, in double the value thereof, conditioned for the safe keeping and return of said arms, when called for by the proper authority.

Sec. 3. And be it further enacted, That said bond shall be made payable to the Governor for the time being, and his successors in office, and to be approved of by him.

Sec. 4. Be if further enacted, That the pistols and sabres now in the arsenal shall be distributed on the conditions prescribed in the second section of this act, and in the following manner, to wit: ATo the 1st Brigade, 39 sabres; to the 6d Brigade, 80 pistols; to the 4th brigade, 80 pistols; to the 5th brigade, 45 sabres; to the 10th brigade, 45 sabres; to the 12th brigade, 80 pistols.@

Sec. 5. And be it further enacted, That should the officers of either brigade, neglect or refuse to make application for said arms within twelve months from the passage of this act, on the conditions pointed out in the second section of this act, it shall be the duty of the commander in chief, on application from either of the other brigades, to order the same to be furnished to said applicant on his complying with the provisions of the aforesaid second section.

Approved, Jan. 4th, 1827.

 

RESOLUTION for the preservation of the Public Arms of this State.

Resolved by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That Charles Lewin, Quarter-Master General be, and he is hereby authorized to procure a house, in which to preserve the public arms of this state until they may be distributed.

Approved Jan. 13, 1827.


9

AN ACT amendatory of the laws now in force on the subject of Bail in Civil Cases.

SEC. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That when suit shall hereafter be commenced in any of the courts of this State, or before any Justice of the Peace, and the defendant or defendants shall not be held to bail, and the plaintiff or plaintiffs shall afterwards deem it necessary for the security of his, her or their claim or demand, the clerk of the court or justice of the peace, where such suit shall be pending, shall, on the plaintiff, his, her or their attorney or agent making the affidavit required by the existing laws, at any time previous to final judgment, to issue a writ of capias ad respondendum to the sheriff, coroner or constable requiring him to arrest and detain the body of the defendant or defendants in his custody until he or they shall put in bail for his or their appearance, or be otherwise discharged by due course of law; Provided that the said plaintiff so applying shall pay the expense of issuing said writ of capias ad respondendum, and the execution thereof, unless the plaintiff making application for a new writ requiring bail, make affidavit that the defendant is about absconding from the county.

SEC. 2. Be it further enacted, That in all suits, hereafter brought where the process is by petition and summons (as now allowed by law) in any of the courts in this state, the defendant or defendants in such suit, may be held to bail by an affidavit for that purpose, in like manner and under the same rules and regulations, and such bail shall be liable in the same way as if such suit, had been commenced writ of capias ad respondendum.

Approved Jan. 12, 1827.

 

AN ACT more effectually to protect Sheriffs, Coroners and Constables in the discharge of their duties.

SECT. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That hereafter whenever any sheriff, coroner or constable takes from the plaintiff in any execution, a bond indemnifying him for levying or selling property, the title to which is doubtful or disputed, if suit is instituted against him or against any of his deputies for making such levy or sale, he may give notice to the principal and securities in said bond, of the pendency of such suit, whose duty it shall be to defend the same, and the judgment for the same amount shall be rendered by the court on motion in favor of said sheriff, coroner or constable against the principal and security in such bond, as may be obtained by the party suing such sheriff, coroner or constable, which judgment may be rendered at any time after a recovery against any sheriff, coroner or constable: Provided, That the court shall in all cases when required to do so by the obligors in any such bond, cause any issues in fact which may arise on such motion to be tried by a jury.

Sec. 2. And be it further enacted, That the notice contemplated by this act shall be given to the obligors in any bond of

B


10

indemnity at least sixty days before the trial of any suit against said officers.

Approved, Jan. 13th, 1827.

 

AN ACT to alter the mode of appointing Assessors and Tax Collectors, and for other purposes.

SEC. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That from and after the passage of this act, the assessors and tax collectors for the different counties in this state, shall be elected by the voters qualified by the constitution to vote for members of the General Assembly.

Sec. 2. Be it further enacted, That the assessors and tax collectors for the year 1827, shall be elected as heretofore provided by law.

Sec. 3. Be it further enacted, That the assessors and tax collectors for the year 1828, shall be elected on the first Monday in August next, and all subsequent elections for said officers shall be holden annually on the day of the General election, preceding the year for which said officers may be elected.

Sec. 4. Be it further enacted, That the elections contemplated by this act, shall be conducted in the same manner, and regulated by the same laws, as the elections for members of the General Assembly.

Sec. 5. Be it further enacted, That it shall be the duty of the sheriffs to report the persons elected by virtue of this act to the judges of the county courts of their respective counties, whose duty it shall be to give the person so elected a certificate of his election, so soon as the assessor and tax collector thus elected shall comply with the laws now in force by giving bond with security and taking the necessary oaths of office.

Sec. 6. Be it further enacted, That all laws or parts of laws now in force, be, and they shall remain in full force and effect, except so far as they may contravene the provisions of this act.

Sec. 7. Be it further enacted, That in case of vacancy either by refusal to accept, or to give bond and security, death, resignation or otherwise, it shall be the duty of the judge of the county court and commissioners of roads and revenue to fill such vacancy, on giving ten days notice of the time of filling such vacancy: Provided, That if the office of county court Judge be vacant, that the commissioners of roads and revenue shall make the appointment; and if a majority of them cannot agree, then and in that case the appointment shall be made by the clerk of the county court, and if there be no clerk, by the justice of the peace residing nearest the seat of justice, for the county in which such vacancy may exist.

Sec. 8. And be it further enacted, That the commissioners of roads and revenue, shall hereafter be elected for the term of three years.

Approved Jan. 5, 1827.


11

AN ACT to provide for taking the Census of this State.

SEC. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That it shall be the duty of the assessor or taxes of each and every county within this State, for the year one thousand eight hundred and twenty-seven, to take the enumeration of the inhabitants therein, and in the manner and under the regulations and responsibilities which are prescribed by an act providing for the taking of the census of the state of Alabama, passed 31st day of December, 1823.

Sec. 2. And be it further enacted, That each and every assessor shall be allowed the same compensation for taking the census as is allowed by the above recited act.

Approved Dec. 9th, 1826.

 

AN ACT authorizing the Governor to liquidate and settle the accounts between this State and the State of Mississippi.

SEC. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the Governor of this State be, and the is hereby authorized, to liquidate the unsettled accounts between this state and the state of Mississippi, or her other authorized agent, will transfer to the Governor of this state the bonds given by the tax collectors in the several counties of the late Mississippi Territory, which now form a part of the state of Alabama.

Approved Jan. 13th, 1827.