AN ACT to authorize the judge of the county court and commissioners of roads and revenue of the county of Shelby to alter a certain road therein named.

SEC. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the judge of the county court and commissioners of roads and revenue for the county of Shelby be, and they are hereby, authorized to appoint commissioners, whose duty it shall be so to alter the state road leading from Kiamulgha in said county to Tuscaloosa, as that it shall not pass through the plantation of Wm. Hughs.

APPROVED Jan. 12, 1827.

 

AN ACT to prohibit the importation of slaves into this state for sale or hire.

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 August next, it shall not be lawful for any person or persons to bring within the limits of this state any slave or slaves for the purpose of sale or hireB And if any person or persons shall bring into this state any slave or slaves, for the purpose of sale or hire, or shall sell or hire, or offer to sell or hire, any slave or slaves brought into this state after the first day of August next, such person or persons shall forfeit and pay the sum of one thousand dollars for each negro so brought to, one half thereof to the person suing for the same, and the other half to the use of the state- And moreover, any person thus offending shall be subject to indictment, and on conviction shall be liable to be fined in a sum not exceeding five hundred dollars for each of-


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fence, and shall be imprisoned not exceeding three months, at the discretion of the jury trying such offence.

Sec. 2. And be it further enacted, That nothing in this act shall be so construed as to prevent citizens of this state from purchasing any negroes for their own use: Provided, they shall not hire or sell any such negroes for the term of two years from the time of their being brought into this state: Provided, nothing in this act contained shall prevent the hiring negroes belonging to the estate of any person who may depart this life within two years after having brought negroes into this state under the provisions of this act.

APPROVED, Jan. 13, 1827.

 

AN ACT to repeal in part an act entitled an act to appoint commissioners to lay out two roads, loading from the ford on Line creek; the one to Coffeeville, the other to Tuscaloosa, passed Dec. 31st, 1822.

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 above recited act as relates to the road from Cahawba to Coffeeville, be and the same is hereby repealed.

Sec. 2. Be it further enacted, That so much of said road as is discontinued by this act, be and the same shall be considered as a public road, subject and under the controul of the county courts and commissioners of roads and revenue.

APPROVED, Jan. 12, 1827.

 

AN ACT explanatory of an act entitled an act to provide for the election of justices of the peace and constables, passed Dec. 31st, 1822.

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 third section of the above recited act, as authorizes justices of the peace and constables, when elected to fill a vacancy, to hold their said offices three years from the date of their respective commissions, be, and the same is hereby, repealed.

Sec. 2. And be it further enacted, That whenever any vacancy shall happen by death, resignation, or otherwise, in the office of said justice of the peace or constable, in any captain’s company; the commanding officer shall hold an election to fill such vacancy, under such rules and regulations as are prescribed by law; and the person elected shall hold his office for the residue of the time for which his predecessor was elected.

Sec. 3. Be it further enacted, That the commanding officer for each captain’s company, throughout this state, shall hold an election under the rules and regulations prescribed by law, on the first Monday of March in every third year; and the justice and constable thus elected, shall hold their respective offices for the term of three years from the time of such election, and until their successors shall be duly qualified.

APPROVED, JAN. 10, 1827.


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AN ACT to amend an act concerning the town of Tuscumbia.

SECT. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the trustees of the town of Tuscumbia who are now in office, and their successors who shall be elected according to the manner now prescribed by law, are hereby constituted a body politic and corporate, and shall bear the name of the "President and trustees of the town of Tuscumbia;" and by that name they and their successors shall have perpetual succession, may have a common seal, with liberty to alter it at pleasure, and all the powers incident to bodies corporate.

Sec. 2. And be it further enacted, That the said president and trustees shall have power to lay such tax as they may think proper on all property in said town taxable by the laws of the state, real or personal, as well as a poll tax: Provided, that they shall not lay a tax not exceeding the amount levied by the state. And the said president and trustees shall have power to direct the mode of making out assessments and correcting the same, and prescribe the mode of collecting said tax when the same has been assessed for collecting a double tax when the same has not been given in for tax, and to collect the same by distress, sale, or otherwise, and the said board shall have full power to prescribe the mode and time in which the collector shall collect and pay over the money by him collected. And the said corporation shall have power to sell to the highest bidder at public auction any real estate in said town, for the arrears of taxes, in the following manner. The collector shall as soon as he receives the list of assessment, give notice in some newspaper printed in Tuscumbia, requiring all persons owning property in said town, to pay their taxes, and if at the expiration of thirty days, any taxes on real estate shall remain unpaid, the collector shall return the same to the secretary, and the president shall give three months public notice by publishing in some newspaper printed in said town (giving a descriptive list of said real estate and the owner’s names, if known,) that the said real estate or so much thereof as may be necessary to satisfy the tax or taxes so remaining unpaid, will be sold at public auction, to the highest bidder, to satisfy the said tax; and the said president is hereby empowered to convey the said real estate so sold to the highest bidder, by conveyances good and sufficient in law: Provided: the owner or owner’s his, her or their agent or agents of the property so sold, shall have the right at any time within twelve months from the sale thereof, to redeem the same by paying to the purchaser or purchases, his, her, or their agent or agents, the money paid for srid property with fifty per cent thereon."

Sec. 3. And be it further enacted, That said president and trustees shall have power and authority to pass by-laws and ordinances, to restrain and prohibit gambling, and to provide for licensing and regulating theatrical and other public amusements within said town to regulate and establish mar-


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kets, and to rent out the stalls in the same, and to prohibit the sale of meats, fish or game, except at the public market or markets, to erect and repair bridges, to open, improve and keep in repair all necessary streets, drains, sewers and avenues, and to pass regulations and by-laws for the preservation of timber and tress growing in the commons of said town, and also to prevent the digging and carrying away the stone and also from the same; to enact by-laws for the prevention and extinguishment of fire, and if necessary to remove or pull down buildings or fences for the prevention of the spreading of the same; to prevent the building of wooden chimneys in populous parts of said town, and to abate such as may be considered dangerous or unsafe in regard to fire; to enact bylaws for the removal, prevention and abatement of nuisances, whether the same be in the streets, commons, or on private property; to enact by-laws and ordinances to prevent riots, affrays, indecorous and disorderly conduct in said town, and to assess such fines for any breaches of the by-laws, made in pursuance of this act as the said board may think right: Provided, that the fine assessed in any case, shall not exceed twenty dollars.

Sec. 4. And be it further enacted, That the said president shall issue his process as justice of the peace for the town of Tuscumbia, for all offences committed against the by-laws of said town, to the constable, who shall bring the offenders, in pursuance of said process, before the said president, and the said president shall proceed to try the said offenders and examine all witnesses that may appear or be subpoenaed before him both on the part of the corporation, and the defendant, and give judgment as to him shall appear just and legal: and if judgment shall be given against the defendant, and the money be not paid forthwith, the said president shall issue a fieri facias or writ of capias ad satisfaciendum, directed to the constable of said town, and if the defendant be taken on a writ of ca sa issued as aforesaid and does not discharge himself by satisfying the same, he shall be committed to the jail of the county, by virtue of said writ, under the same laws and regulations as persons taken by like process, issued from a justice of the peace; and the said president and constable shall receive the same compensation for the same, as other justices of the peace and constables, for the like services.

APPROVED JAN. 13,1827.

 

AN ACT to authorize the Intendant and Town Council of the Town of Montgomery, to hold their sessions in the court house of Montgomery county.

SEC. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the intendant and town council of the town of Montgomery, be and they are hereby authorized, to hold their meetings and keep their papers and records in the room in the south-east corner of the second story of the court house, in the said county of Montgomery.

Approved Jan. 13, 1827.


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AN ACT more effectually to secure the compensation allowed by law to James therein mentioned.

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 courts of roads and revenue for the counties of Lauderdale, Tuscaloosa, Lawrence and Marion, and they are hereby required at the terms, which by law they are required to levy a county tax, to set apart so much of the same as shall be sufficient to pay the jurors of said counties each year.

Sec. 2. And be it further enacted, That it shall be the duty of the treasurers of said counties, and they are hereby required (so soon as the said county tax shall have been received by them) to hold such amount as shall have been thus set apart, as a special fund for the purpose in the first section of this act expressed.

Sec. 3. And be it further enacted, That the said treasurers are hereby required to attend themselves, or by their agents, at the place of holding court for said counties, the two last days of each week of the courts in their respective counties, (which may have juries,) and shall, from the above specified fund, discharge all certificates issued by the clerks of either of the courts of said counties to the respective juries thereof, which may be presented for payment.

Sec. 4. And be it further enacted, That this act shall take effect, from and after the passage thereof.

Sec. 5. And be it further enacted, That all acts and parts of acts coming within the purview of this, are hereby repealed.

APPROVED, Dec. 22, 1826.

 

AN ACT to amend the laws now in force for the punishment of malicious mischief.

SEC. 1. Be it enacted by the Senate and House of Representatives of the state of Alabama, in General Assembly convened, That if any person shall cut or burn off, or pull out the hair from the main or tall of any horse, mare, colt, filly, jack, jennet or mule, belonging to any other person, and all tent to disfigure the said animal, or shall by any other means, with said intent disfigure the same, every such person, and all others in any manner concerned therein, shall be considered as principals in such offence, and shall on conviction thereof, suffer the penalties which are prescribed in a act passes at the last session of the general assembly, entitled "an act to repeal in part and amend an act for the punishment of malicious mischief, passed Dec. 17, 1821."

Approved, Dec. 30, 1826.

 

AN ACT authorizing the citizens of Sommerville to elect a Constable.

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 an election holden in the town of Sommerville, Morgan county, at the court house of said town, on the first Monday in February next, to elect a constable, who shall be a citizen of said town.


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Sec. 2. And be it further enacted, That the qualified electors of the incorporation of said town shall be competent voters for said constable.

Sec. 3. And be it further enacted, That the constable so elected shall be vested with like powers, receive like fees, and continue in office the same length of time, that other constables do in this state.

Sec. 4. And be it further enacted, That the constable so elected shall give bond and security in the sum of two thousand dollars, to be approved of by the judge of the county court of Morgan county.

APPROVED Jan. 5, 1827.

AN ACT to amend an act entitled "an act for the more effectual preservation of personal liberty.

SEC. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the sixth section of the act entitled as aforesaid, be and the same is hereby repealed.

Sec. 2. And be it further enacted, That if any person shall be committed for treason or felony, and shall not be tried at or before the next stated term of the court where the offence is property cognizable, it shall be lawful for the said court, upon the last day of the term, to set at liberty such prisoner on bail, unless it appear on oath or affirmation that the witnesses for the state, mentioning their names, could not be produced; and if such prisoner shall not be tried at the second stated term after his or her commitment, unless the delay happen on the application or with the assent of the defendant, he or she shall be discharged from imprisonment on bail: Provided, that this act shall not be so construed as to prevent a prisoner committed for a capital offence from being bailed at or before the first stated term under the existing laws.

APPROVED Jan. 12th, 1827.

 

AN ACT to authorize Ebenezer Byram to sell a certain tract of land on the terms and conditions therein mentioned.

SEC. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That Ebenezer Byram, guardian of Huldah Byram, Elizabeth Byram, and Patsy Byram, be, and he is hereby, authorized to sell and convey the distributive shares of the above named minors, under the age of twenty-one year, in and to their proportionable part of one hundred and fifty-one acres of land, being part of the north-east quarter of section No. 32, in township 3, range 2, ease of the basis meridian of Huntsville: Provided, That said one hundred and fifty-one acres of land shall not sell for less than three thousand dollars: And provided also, that the same shall be sold at public sale, giving at least thirty days previous notice in one or more public newspapers printed in the town of Huntsville of the time and place of said sale.

Sec. 2. And be it further enacted, That said Ebenezer Byram shall enter into bond with good security to the judge of

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the county court of Madison county, and his successors in office, conditioned for the proper distribution of the proportionable part of the money arising from said sale, between the said Huldah Byram, Elizabeth Byram and Patsy Byram, or their representatives, as they shall respectively arrive at age.

APPROVED Jan. 5, 1827.

 

AN ACT to revive a certain act herein named.

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 incorporate the town of Pickens, in Pickens county, passed 7th January, 1826, be, and the same is hereby revived.

Sec. 2. And be it further enacted, that the election for officers of said town, as required to be holden in the second section of said act, shall be holden on the first Monday in February next, and every year thereafter in the same manner as required by the said act.

Approved Jan. 12, 1827.

 

AN ACT authorizing an extension of the lease taken by Seth Hunt, of the Salt Springs in the counties of Clark and Monroe.

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 he is hereby authorized to extend the time for which the Salt Springs and water, with the lands reserved to this state by the United States, for the support of salt works, in the counties of Monroe and Clark, were leased to Seth Hunt by deed, executed on the 13th day of May, 1825, by Jesse Beene on the part, and in behalf of this state, of the one part, and the said Seth Hunt of the other part, for and during the term of ten years, from and after the first day of January 1827.

Sec. 2. And be it further enacted, That all persons, engaged in the management of the salt works, at the aforesaid springs, and all laborers employed in conducting the same, be and they are hereby exempted from militia duty, so long as they are actually engaged in the management of said works.

APPROVED, Jan. 5, 1827.

 

AN ACT to declare certain parts of the Choctawhatchie and Pen rivers, public highways.

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 Choctawhatchie river as lies within the state of Alabama, and below the first great falls thereof, and that part of Pen river below the first falls of said river within the limits of this state, be and the same are hereby declared public highways.

Sec. 2. And be it further enacted by the authority aforesaid, That any person or persons obstructing by any means the navigation of said parts of said river, shall be subject in law to all the pains and penalties in such cases made and provided.

APPROVED, Dec. 8, 1826.


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AN ACT to establish a certain road therein designated.

SEC. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That John D. Rogers, Samuel Dale, John Bishop, Hugh Young, and James George, or a majority of them, be and they are hereby, appointed commissioners to view and mark out a road, beginning on the state road leading from Tuscaloosa to Mobile, at or near Pickens’ mill in Marengo county, running from thence the nearest and most practicable route (crossing Alabama river at Dale-town) to the town of Canton in Wilcox county.

Sec. 2. And be it further enacted, That Thomas McCants, Samuel Dale, John Foster, Garnett Longmire, and Joel Lee, or a majority of them, be and they are hereby appointed commissioners to view and mark out a road leading from Canton, the nearest and best route, to intersect the state road from Cahawba to Pensacola, at or near Garrett Longmire’s store,

Sec. 3. And be it further enacted, That when the aforesaid commissioners shall have performed the duties assigned them by the foregoing sections of this act, they shall be required to report to the several county courts whose counties the said road may pass, designating the points, and distance, which the said road may run through their respective counties; and it shall be the duty of the respective courts, after such report shall have been make, to cause the aforesaid road to be opened, and kept in repair in the manner prescribed by law: Provided, the commissioners aforesaid shall not receive compensation out of the state treasury; and provided, the injury which may be sustained by individuals shall be paid out of the count treasury of the respective counties wherein the land lies which may be so injured: And provided further, that no person liable to work on roads in Dallas county shall be required to work a greater number of days in opening, or keeping in repair, that part which passes through the said county, than may be required of them who reside in Wilcox county.

Sec. 4. And be it further enacted, That it shall be the duty of the county court of Wilcox county to authorize the establishment of a public ferry at Dale-town, under the rules and regulations of the laws in relation to public ferries-- any law to the contrary notwithstanding.

Approved Dec. 22, 1826.

AN ACT for the improving the road leading from Blakeley to the upper line of Baldwin county, by the way of Durant’s.

SEC. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That Uriah Blue, Cyrus Sibley, and Lewis Starke, be, and they are hereby, appointed commissioners for the purpose of improving the road leading from Blakeley to the upper line of Baldwin county, where the ridge road leading to Burnt Corn, by way of Durant’s, crosses the said line, with full power and authority to alter the course of the same at their dis-


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cretion, and also to apply the fund hereinafter provided, towards the improvement of the said road, in such manner as they may deem most expedient.

Sec. 2. And be it further enacted, That the revenues accruing to the treasury of Baldwin county, form fines, penalties and forfeitures, together with twenty-five per centum of the county tax for the years one thousand eight hundred and twenty-six, one thousand eight hundred and twenty-seven, and one thousand eight hundred and twenty-eight, be, and the same are hereby set apart and appropriated as a special fund, to be applied under the direction of the above mentioned commissioners in improving the aforesaid road. And it is hereby made the duty of the county treasurer, annually, to pay over to the said commissioners the special fund hereby set apart and appropriated.

Sec. 3. And be it further enacted, That it shall be the duty of the judge of the county court and commissioners of roads and revenue of the said county of Baldwin, to apportion the hands liable to work on he aforesaid road, or as many of them as they may think proper, to the river road leading from Blakeley to Claiborne, by way of Little river, who shall continue to work on the last mentioned road (under the provisions and restrictions of the road laws now in force in this state) until the thirty-first day of December, one thousand eight hundred and twenty-eight.

Sec. 4. And be it further enacted, That the judge of the county court and commissioners of roads and revenue in said county, be and they are hereby empowered to levy an extra tax of three dollars per annum on each and every free male negro or mulatto over twenty-one years of age in said county, and a like sum on each and every male slave over sixteen years of age, in the service of the United States, within the limits of Baldwin county, to be applied and disposed of as herein directed, to the improvement of said ridge road: and the payment of the said sum of three dollars shall be deemed and held a full exemption from any liability to perform road duty in said county.

Sec. 5. And be it further enacted, That the judge of the county court and commissioners of roads and revenue may at their discretion commute the labor now required to be performed by the existing road laws, into such specific sum of money as they may deem an equivalent therefor, which sum or sums of money shall be assessed and collected by the collector of taxes in said county, and the same shall be set apart as a special road fund, to be applied under their direction to the improvement of the roads generally in said county; and they are hereby authorized to make contracts for the improvement of the roads in that county in such manners as they may direct: Provided always, that such contracts be make at public outcry, to the lowest bidder, after at least thirty days notice at the several election precincts in the countyBany law contrary to the provisions of this act notwithstanding.

APPROVED Jan. 6, 1827.


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AN ACT supplementary to the several acts now in force, first passed 31st December, 1822, and the second 24th December, 1824.

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, no public weigher in the city of Mobile shall charge or take, directly or indirectly, higher fees than heretofore allowed by law for weighing any bale of cotton, or other article, than those now fixed by law.

Sec. 2. And be it further enacted, That if the public weigher or weighers in the city of Mobile shall take or receive any other or higher fees than those now fixed by law for weighing the articles therein specified in the acts fixing their compensation, he or they shall forfeit and pay the sum of thirty dollars for each and every offence, to be recovered in the name of the person or persons aggrieved, or in the name of the firm or firms of merchants aggrieved, before any justice of the peace having cognizance thereof; and one half of the sum so recovered shall be paid to the person aggrieved, and the other half to the county treasurer of said county, for the use and benefit of the county of Mobile.

Sec. 3. And be it further enacted, That for the use of the scales and weights, marking, and the hands necessary for weighing the articles contemplated by the acts of assembly, the public weigher shall receive no other fees than those now specified by law.

APPROVED Jan. 12, 1827.

 

AN ACT to alter the state road from Selma to Cahawba, by way of the new bridge on Valley creek.

SEC. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That John H. Miller, Elisha Fike, and Britton Sims, be appointed commissioners to examine the state road leading from Selma to the town of Cahwba, and ascertain whether a better road can be found, and at less expense and labor and of more public utility, than the road at present established; and if so to report the same to the judge of the county court of Dallas county; upon which report, if the same should be in favor of any alteration, to appoint an overeer for said road so reported: Provided, that said commissioners shall have no pay for their trouble.

APPROVED, Dec. 8, 1826.

 

AN ACT to allow William Wharton to erect a mill on wills creek, in St. Clair county.

SEC.1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That if William Wharton, of St. Clair county, be, and he is hereby authorized to build a mill or mills or other water works of whatsoever nature he might think most advantageous on will creek, in the county aforesaid, and raise a dam of sufficient height across said creek to procure sufficient water for the use of the same: Provided, That he and his successors shall at all times, when it may be necessary, keep open a sufficient passage for any boat or boats.


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Sec. 2. And be it further enacted, That if the above named William Wharton, or his successors, shall at any time obstruct the navigation of the aforesaid Wills creek in any manner whatever, so as to prevent the passage of boats as aforesaid, he, she or they so offending shall forfeit and pay the sum of five hundred dollars for each and every such offence, to be recovered in any court having competent jurisdiction thereof, one half for the use of said county, the other half for the use of the party or parties aggrieved.

Approved Dec. 30, 1826.

AN ACT to establish a road from Montevallo to Greensborough.

SEC. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in general assembly convened, That John Neiley of Shelby county, John Blake of Bibb county, and Thomas Webb of Perry county, or a majority of them, be, and they are hereby appointed commissioners, to view and mark out a way for a road, to commence at the town of Montevallo, in Shelby county, and to run from thence the nearest and best route to the Falls of Cahawba, and from thence the nearest and best way to the town of Greensborough, in Greene county.

Sec. 2. And be it further enacted, That before the said commissioners enter upon the duties assigned them by this act, they shall take and subscribe the following oath, to wit:- "I,-----------, do solemnly swear, that I will faithfully, and to the best of my judgment, view, mark out, and report the best and most direct way for a road to lead from Montevallo to Greensborough, in conformity to the act under which I am appointed: so help me God."

Sec. 3. And be it further enacted, That it shall be the duty of the said commissioners, after completing the said view, to make out a report of the same; which report they shall transmit to the judges of the county courts of the respective counties through which the said road will pass; and it shall be the duty of the said judges to appoint a sufficient number of overseers, whose duty it shall be, respectively, to open and mark out the said road as now provided for by the existing laws now in force upon that subject; and all hands now liable to work on roads, are hereby made liable to work on the road hereby established.

Sec. 4. And be it further enacted, That an act entitled an act to establish a road from the town of Montevallo to the town of Greensborough, and for other purposes, passed December twenty-fourth, eighteen hundred and twenty-four, so far as it relates to the road contemplated by this act, be and the same is hereby repealed.

Sec. 5. And be it further enacted, That the aforesaid commissioners shall receive on compensation for their services: And provided, that no person or persons who may sustain damages by said road running through their lands, shall be entitled to receive any pay for the same out of the state treasury.

APPROVED, JAN. 12, 1827.