AN ACT to establish certain election precincts therein named.

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 established an election precinct in the Town of Vernon, in the county of Autauga, in addition to those already established in said county.

Sec. 2. And be it further enacted, That in the county of Butler there shall be established two additional election precinctsB one at the House of Thomas Herbert, jun. and one at the house of John Kelly.

Sec. 3. And be it further enacted, That in addition to the election precincts now established by law in the county of Limestone, there shall be another established at the dwelling house of William Brown, at the Shoalford on Limestone creek in said county.

Sec. 4. And be it further enacted, That the election precinct heretofore established by law in Jackson county, at the house of David Parkell, be, and the same is hereby abolished; and in lieu thereof, there shall be an election precinct at the house of Charles Sullivan, in said county.

Sec. 5. And be it further enacted, That there shall be three additional election precincts established in the county of Montgomery; one at the house of James Ballard, one at the house of Howell Tatum, jr. and one at the house of Thomas Bryd, in said county.

Sec. 6. And be it further enacted, That the election precinct heretofore established at Capt. James Moore=s on the same road in Bibb county be, and the same is hereby discontinued and in lieu thereof, one is hereby established at the house of Moses Overton, on the state road in said county.


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Sec. 7. And be it further enacted, That the election precinct heretofore established at the house of James Buckalieu in Pike county be, and the same is hereby discontinued, and that an election precinct be established in lieu thereof at the house of William Gibbons, in said county.

Sec. 8. And be it further enacted, That there shall be an additional election precinct in the county of Pike, at Josiah Dyer=s mill, in said county.

Sec. 9. And be it further enacted, That there shall be two additional election precincts established in the county of Dale; one at the house of William Stapleton, and one at the house of John Kemmey in said county.

Sec. 10. And be it further enacted, That the election precinct heretofore established at the house of Robert Johnston and Sion Smith, in Henry county be, and the same are hereby discontinued; and in lieu thereof, that one be established at the house of George Hultoes, sen=r. and one at the house of John Rigister; and that an additional precinct be established at the house of Elias Miller, in said county.

Sec. 11. And be it further enacted, That the following additional election precincts shall be established in the county of Shelby, (to wit): one at the house of Reuben Blankenship, on Yellow Leaf, and one at the house of Thomas W. Smith, at the old court house, one at the town of Columbia; and that the precincts established at the house of Henry B. Robinson, and at the house of Robert Carden be, and they are hereby discontinues.

Sec. 12. And be it further enacted, That the election precinct held at the house of John Rainer, in the county of Dallas be, and the same is hereby discontinued; and in lieu thereof there be an election precinct established at the house of James Marrs, in the county of Dallas, on the west of Bogue Chito.

Sec. 13. And be it further enacted, That the election precinct heretofore established at the house of George D. Staton, and the one at the house of William Nailor, in Blount county, be discontinued; and in lieu thereof there be one at the house of Tapley Murfrees, in said county.

Sec. 14. And be it further enacted, That there shall be established an additional election precinct at the house of John Aikins, sen=r. in the county of Jefferson.

Sec. 15. And be it further enacted, That the election precinct heretofore established at te store house of Lark Abney, be discontinued, and in lieu thereof an election precinct is hereby established at the house of John Kyle: also an election precinct be and is hereby established at the store house of Alexander Watson, in the fork of Flat creek in Monroe county.

Sec. 16. And be it further enacted, That the election precinct heretofore established at the house of Daniel Fore in the county of Washington, be and the same is hereby discontinued, and in lieu thereof, one be, and is hereby, es-


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tablished at the Store house of Jonathan Coolidge in said county.

Sec. 17. And be it further enacted, That the election precinct heretofore established at the muster ground of Captain Blackwell=s company in Lawrence county, be and the same is hereby discounted, and in lieu thereof that an election precinct be and the same is hereby established at Alexander Sommerville=s store in said county.

Sec. 18. And be it further enacted, That there shall be two additional election precincts established in the county of Franklin, one at the house of Albert Horton near the village of La Grange, and one in the town of South Port in said county.

Sec. 19. And be it further enacted, That the election precinct heretofore established by law at the house of James Johnstons in the county of Mobile, be and the same is hereby discontinued, and in lieu thereof, one be established at the house of James Langham in said county, on the St. Stephens road.

Sec. 20. And be it further enacted, That an additional election precinct, be and the same is hereby established at the house of Henry Pots on the Conecuh river, in Conecuh county.

Sec. 21. And be it further enacted, That the election precinct hereto established at the house of James Grace, in Conecuh county, be, and the same is hereby, discontinued, and in lieu thereof an election precinct shall be established at the at the house of Josiah Ellis, in said county.

Sec. 22. And be it further enacted, That an additional election precinct be and the same is hereby established at the house of Joseph Mott, in the county of Clarke.

Sec. 23. And be it further enacted, That the election precinct heretofore established at the house of Doctor Lockett, in Perry county, be and the same is hereby discontinued, and in lieu theretofore there be one established at the house of David Derden in said county; and that the election precinct heretofore established at the house of Samuel Tubb in the aforesaid county, be, and the same is hereby, discontinued, and in lieu thereof there be one established at the house of J. J. Glen in said county; and that there be established an election precinct at the house of William Peoples, upon the state road in the aforesaid county, in lieu of one heretofore established at the house of John Mahon, upon the waters of Big Mulberry creek, which is hereby discontinued.

Sec. 24. And be it further enacted, That the election precinct now established at the store house of Robert F. Houston, in the county of Morgan, be, and the same is hereby, discontinued, and that in lieu thereof an election precinct be and the same is hereby established in said county, on the plantation of Doctor Henry W. Rhodes, at the store house formerly occupied as such by Colonel Francis Dancy.

Sec. 25. And be it further enacted, That the election pre-

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cinct heretofore established by law at he house of Bartelemi Grelot, in the county of Mobile, be and the same is hereby discontinued, and in lieu thereof one be and is hereby established at the house of John B. Bosage.

Sec. 26. And be it further enacted, That the election precincts heretofore established at the house of Reuben Ard, and the precinct at Fort Bibb, in the county of Butler, be and the same are hereby discontinued, and in lieu thereof one be established at the house of Jesse Allen, and one at the house of Jesse Womack, in said county.

Sec. 27. And be it further enacted, That an additional election precinct be and the same is hereby established at the house of Wyatt Cheatham, on Clear creek, in Walker county.

Sec. 28. And be it further enacted, That an additional election precinct be and the same is hereby established at the house of William Smith, sen. in Marion county.

Sec. 29. And be it further enacted, That there shall be established in the county of Walker the following additional election precincts: at the house of Wyatt Cheatham, on Clear creek, where said Cheatham=s turnpike road crosses the same; one at Wm. Brown=s on Black Water; one at Matthew Payne=s, on the Sispie, near Cheatham=s road; one at Eldrege Mallard=s on Byler=s road.

Sec. 30. And be it further enacted, That there shall be two additional election precincts in the county of Fayette - one at the house of Col. Grief Johnston, and the other at the house of Peter Tittles.

Sec. 31. And be it further enacted, That there shall be an additional election precinct in the county of Tuscaloosa, at the house of James Hudson, on the Greensborough road, and at the house of Peter Donaldson.

Sec. 32. And be it further enacted, That the election precinct heretofore established in the county of Autauga, at the house of of Francis Posey, be and the same is hereby discontinued, and in lieu thereof an election precinct be and the same is hereby established at the house of William Johnston, in said county.

Sec. 33. And be it further enacted, That an election precinct be established at the house of Thomas Franklin, in Covington county, and the one heretofore established at the house of John E. Sentel, in said county, be hereby discontinued.

Sec. 34. And be it further enacted, That the precincts heretofore established at Hillsborough, in Madison county, and also the one established at the widow Campbell=s, on the head of the Hurricane fork of Flint river, be and the same are hereby abolished, and in lieu thereof there shall be one at Newmarket, in said county.

Sec. 35. And be it further enacted, That the election precincts at Jesse H. Bramlett=s, in Roup=s valley, in Tuscaloosa county, be abolished, and in lieu therefore shall be established an election precinct at the house of Elisha McMath, in said county.

Approved, Jan. 13th, 1827.

 

AN ACT relative to certain officers in Fayette county.

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That hereafter the assessor and tax collector of Fayette county be entitled to receive the same compensation for assessing, collecting, and accounting for the state tax of said county, as is now allowed by law to the assessors and tax collectors in the counties of Pike,


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Henry, Covington, Shelby, St. Clair, Pickens, Marion, Blount, Jackson and Walker; and ten per centum for collecting and accounting for the county tax.

Sec. 2. And be it further enacted, That the clerks of the county and circuits courts of Fayette county be allowed to keep their offices at any place not exceeding four miles from the court house in said county, until the first day of January, 1828, any law to the contrary notwithstanding.

Approved, Jan. 12, 1827.

 

AN ACT to authorize the county court of Wilcox county to levy an extra tax.

Sect. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the county court of Wilcox county be and is hereby authorized to levy an extra tax for the year eighteen hundred and twenty-seven, subject to be applied to the ordinary purposes of county revenue: Provided, the tax authorized by this act shall not exceed twenty-five per-centum on the state tax.

Approved, Dec. 22, 1826.

 

AN ACT compelling Clerks and Sheriffs of certain counties in this state to keep their offices at their several court houses.

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 clerks of the circuit and county courts, and the sheriffs, of the counties of Henry, Pike, and Covington, shall keep their offices at their respective court houses, or places of holding court, in their several counties.

Sec. 2. And be it further enacted, That if any clerk or sheriff shall violate the provisions of this act, he shall forfeit and pay the sum of five hundred dollars, recoverable before any court having cognizance thereof, on half to be paid into the county treasury, for county purposes, and the other half to any person suing for the above forfeiture.

Sec. 3. And be it further enacted, That all laws and parts of laws contravening this act are hereby repealed.

Approved, Dec. 22d, 1826.

 

AN ACT to authorize the judges of the county courts and commissioners of roads and revenue of Perry, Franklin, Jefferson and Blount counties to appoint some suitable person to transcribe certain parts of the records of the county courts aforesaid.

Whereas a part of the records and papers of the county courts of Perry, Franklin, Jefferson and Blount, are in a confused and disordered situation; and it being highly proper and necessary that the same should be transcribed and arranged-

Sec. 1. Be it therefore enacted by the Senate and House of Representatives of the state of Alabama, in General Assembly convened, That the judges of the county courts and commissioners of roads and revenue of the counties of Perry, Franklin, Jefferson and Blount, be, and they are hereby, authorized and required to appoint and select some suitable person,


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whose duty it shall be to transcribe, in a neat and well bound book, to be provided for that purpose, such parts of the records now remaining in the clerk’s office of the county courts of Perry, Franklin, Jefferson and Blount counties, as may be requisite, and arrange all papers appertaining to said offices in a suitable manner.

Sec. 2. And be it further enacted, That after the said transcript shall be made, and the papers arranged as aforesaid, it shall be the duty of the judge of the county court and commissioners of the roads and revenue of the said counties to examine the same, and if found correctly transcribed and arranged, they shall allow the person so employed such compensation therefor as they may deem right and proper, to be paid out of the county treasury.

Approved, Dec. 12, 1826.

 

AN ACT to amend an act entitled an act to establish a permanent seat of Justice in the county of Jackson, 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 commissioners of Jackson county, appointed by the eleventh section of the above recited act, shall meet on the Fourth Monday of February next, and elect from their body a chairman, who shall have power at any time when he may think the duties of their appointment may require, to convene the board at the court house, or other convenient place in Bellefonte.

Sec. 2. And be it further enacted, That a majority of the aforesaid commissioners shall constitute a quorum to do business.

Approved, Dec. 16th, 1826.

 

AN ACT to repeal in part an act, entitled "an act to establish the town of Carthage, Tuscaloosa county.

Sec. 1. Be it enacted by the Senate and House of Representatives of the state of Alabama, in General Assembly convened, That an act, entitled "an act to establish the town of Carthage, Tuscaloosa county," approved 29th December, 1823, except so far as relates to the name of said town, be, and the same is hereby, repealed.

Sec. 2. Be it further enacted, That this act shall commence and be in force from and after its passage.

Approved, Dec. 22d, 1826.

 

AN ACT giving further time to persons holding claims against their respective counties to file the same.

Sec. 1. Be it enacted by the Senate and House of Representatives of the state of Alabama, in General Assembly convened, That all persons holding claims against the respective counties of this state, and which have not been filed according to the provisions of an act passed the twelfth day of January, 1826, have further time until the first day of December next to file the same, any law to the contrary notwithstanding.

Approved, Dec. 30, 1826.


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AN ACT to vest in the county court of Covington county the power heretofore exercised by the commissioners of said county, 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 so much of the first section of an act entitled an act to appoint commissioners for certain counties therein named, and for other purposes, passes December 18th, 1821, as appoints commissioners for Covington county, be and the same is hereby repealed: and it shall be the duty of the said commissioners, appointed by the said act, to transfer to the judge of the county court and the commissioners of roads and revenue of Covington county, all the papers, documents, records, and money, which may be in their possession as commissioners aforesaid, and render to them a true and faithful report of all the receipts and disbursements which shall have been incident to their commission, and the same shall operate as a final discharge of their responsibility.

Sec. 2. And be it further enacted, That Peter Simmons and George Jones be, and they are hereby appointed commissioners for Henry county, in place of Benjamin Harvey, deceased, and Bartlett Smith, resigned.

Approved, Jan. 13th, 1827.

 

AN ACT to compel the commissioners of the Town of Greenville in Butler county to transfer all papers relative to the lots of the said Town, to the judge of the county court and commissioners of roads and revenue of Butler county.

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the commissioners appointed by an act of the General Assembly of this state, passed the 13th of December, 1819, so far as respects the county of Butler, be and they are hereby required to transfer to the Judge of the county court and commissioners of roads and revenue, all the lands and lots that may have been by them purchased out of the county funds for the use of said county to pay over to the said judge and commissioners all monies in their hands arising from the sale of any lot or lands, purchased as aforesaid, to transfer to them all bonds, notes, or other evidence of debt arising from said sale or sales, and to transfer to the said judge and commissioners all papers relative to their actings and doings, any law usage to the contrary notwithstanding.

Approved, Dec. 22, 1826.

 

AN ACT authorizing the election of certain officers in the town of Greenville, in Butler county.

Sec. 1. Be it enacted by the Senate and House of Representatives of State of Alabama, in General Assembly convened, That there shall be elected in the town of Greenville in said county on the first Monday in February next, one justice of the peace and constable, who shall hold their office for the term of three years.

Sec. 2. Be it further enacted, That said election shall be


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held in said town, by the captain of the district in which the same is situated, and shall be conducted in all respects as elections for justices and constables in other cases; and the said officers shall be commissioned as others of the same description.

Sec. 3. Be it further enacted, That should the election not be held according to the first section of this act, the captain of the district shall be authorized to hold the same at any other time, by giving five days previous notice of the time and place of holding the same, by advertisement set up at some public place in said town; and also, whenever a vacancy may occur by expiration of the term, or otherwise, the same shall be filled in the manner prescribed in this section.

Sec. 4. Be it further enacted, That the said justice and constable, shall be elected by the qualified electors residing within the corporate limits of said town, and no person shall be elected to either of said offices unless he be entitled to vote in such election, according to the provisions of this act, and any person holding either of said offices and removing out of the corporate limits of said town, shall vacate the same.

Sec. 5. And be it further enacted, That the said justices and constable, shall have concurrent jurisdiction, in all civil and criminal matters with other justices and constables in and for said county, and be subject to the same penalties, and shall be entitled to the same compensation for similar services.

Approved, Dec. 22, 1826.

 

AN ACT to authorize the raising by lottery a sum of money for purposes therein specified.

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That Jack F. Ross, Thomas L. Hallett and John W. Townsend, of the city of Mobile, Uriah Blue, of the county of Baldwin; John Herbert, jr. of the county of Butler, John Watkins, of Conecuh county, and Labon Warren, of Monroe county, be, and they are hereby appointed managers, (any three of whom shall be competent to act), with full power and authority to raise by lottery, a sum not exceeding five thousand dollars, to be laid out in the improvement of the federal road leading from fort Dale in Butler county, by the way of Durant’s, to the town of Blakely, in Baldwin county.

Sec. 2. And be it further enacted, That the sum thus raised, be deposited in the bank of Mobile, to be applied as hereinafter specified.

Sec. 3. And be it further enacted, That Cyrus Sibley of Baldwin county, Jesse Wamack of Butler county, James A. Tate of Monroe county, and Enoch Parsons of Conecuh county, be and they are hereby constituted & appointed, a Board of Improvement; any three of whom shall be competent to transact business; whose duty it shall be to appoint a president, and establish such regulations for their government, as they may deem expedient; and the said Board shall divide the said road into


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such sections as they may, in their discretion, think proper and shall let out to the lowest bidder, after proper notice therefor, each section of said road, to be bridged, causewayed, and improved in such manner, as they may direct.

Sec. 4. And be it further enacted, That it shall be lawful for the said President, by and with the consent of the said Board, or any two of them, to draw upon the Bank of Mobile, out of the deposits aforesaid, for any and all such sums of money as may be necessary to meet any contracts which may have been entered into by the said Board.

Sec. 5. And be it further enacted, That it shall be the duty of the managers appointed in the first section of this act, to notify in writing each member of the aforesaid board of improvement, stating the precise amount of money raised, and deposited as above specified and directed: and the said Board of improvement shall not be required to act until they shall have been notified as herein directed.

Sec. 6. Be it further enacted, That so soon as the commissioners aforesaid shall have been notified by the managers as aforesaid, it shall be the duty of General Enoch Parsons, to convene the commissioners, by giving previous notice of the time and place at which they will be required to assemble.

Sec. 7. And be it further enacted, That the members of the said Board of Commissioners, and the said managers, shall be entitled to receive three dollars per day, out of sum of Money raised as above, for each and every day they may be actually engaged in carrying into effect the provisions of this act.

Approved, Jan. 1, 1827.

 

AN ACT supplementary to an act for the government 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 from and after the first day of October next, every branch pilot of the bay, and harbor of Mobile, shall be owner or part owner of a pilot boat of not less than thirty tons burthen, 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 of branch pilot of the bay and harbor of Mobile.

Sec. 5. And be it further enacted, That the fifteenth section of an act entitled an act for the government of the port and harbor of Mobile, passed December 23d 1822, be, and the same is hereby repealed.

Approved Jan. 5th, 1827.

 

AN ACT to authorize the Mobile school commissioners to raise a sum of money by lottery.

Sec. 1. Be it enacted by the Senate and House of Representatives in the State of Alabama, in General Assembly convened, That the Mobile school commissioners be, and they are hereby authorized to raise by lottery, in such mode, and by such scheme or schemes as they may deem expedient, a sum of money not exceeding twenty-five thousand dollars in aid of the fund for the support of schools in said county; which said


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lottery shall be conducted under the superintendence of a committee of the said commissioners, or under such regulations as the board may by their bye-laws prescribe: Provided, the same be not repugnant to the laws of this state.

Approved, Jan.12th, 1827.

 

AN ACT to extend the civil and criminal jurisdiction of this state over so much of the Creek nation, as was ceded under the treaty of the Indian Springs of 1825, within the chartered limits of the State of Alabama.

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That after the first day of March, 1827, the limits of the County of Autauga be, and the same are hereby extended, so as to embrace all that country in the Creek nation lying west of the Chatahoochie river, south of the dividing line between the Creek and Cherokee nations, east of the Coosa river, and north of a line beginning at the first big falls of the Coosa river, and running in a direct line to Oakfuskee, Old Town on the Talapoosa river, from thence in a direct line to the falls of Chatahoochie river.

Sec. 2. And be it further enacted, That the civil and criminal jurisdiction of this state be, and the same is hereby extended over so much of the Creek territory, as is described in the foregoing section; and that the circuit court of Autauga be authorized and required to enforce the same in as full and ample a manner in the above described country, as in any other part of the country of Autauga: Provided, That nothing in this act shall be so construed as to give any Creek, or other Indian, any political or civil rights other than those of protecting under the laws of this state; and that the performance of no public duties, and the payment of no taxes be required of the same.

Sec. 3. And be it further enacted, That the Secretary of State be required to transmit a copy of this bill to John Crowell, Agent for the Creek Indians, as soon as practicable after the passage of the same into a law.

Approved Jan. 11th, 1827.

 

AN ACT to divide the 42d Regiment of the Militia 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 so much of the 42d regiment of the militia of this state as is bounded as follows, to wit: On north by the Creek nation of Indians - On the south, by the county of Covington and part of Butler - On the east, by the Pea River - and the west, by the counties of Montgomery and Butler, shall compose the 49th regiment of the militia of this state.

Sec. 2. And be it further enacted, That it shall be the duty of the Brigadier General of the 11th Brigade, to cause an election to be holden for a Colonel, to command said Regiment whose duty it shall be to organize said regiment, in conformity to the existing laws of this state.

Approved Jan. 1st, 1827.


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AN ACT to pay officers for taking prisoners from one county to another in this state.

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That hereafter, when it shall be necessary to remove prisoners from one county in this state to another, for trail, under an order of court for a change of venue, agreeable to law, it shall be lawful for the jailor, sheriff, or such other person whose duty it shall be to remove said prisoner, to draw up his account against the state, for the services performed, including the necessary expenses of travelling to and from the respective counties, which account shall be sworn to before some acting justice of the peace, and certified by the court in the same manner as accounts are now required to be certified for keeping prisoners in the public jails of this state.

Sec. 2. And be it further enacted, That when such services are performed in apprehending persons fleeing from justice charged with high crimes and misdemeanors against the state, and who shall be apprehended in any other than the county where the offence was committed, it shall be lawful for the officer, jailor, or other person apprehending such persons, to produce evidence satisfactory to the court before whom the said offence are cognizable, of the performance of such services, and the necessary expenses incurred in performing the same: and the said court may allow reasonable and fair compensation, which shall be certified by the court, and the same shall be chargeable on the state treasury, under such rules and regulations as are prescribed for the payment of other charges against the state.

Approved, Jan. 12, 1827.