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AN ACT to establish a ferry and appoint commissioners to lay out a certain road therein named.

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That a ferry be and the same is hereby established over the Alabama river at a place called the big bend, opposite the town of Montgomery, and that the same be vested in the intendant and council of the said town of Montgomery, and their successors in office, to be so kept, conducted, and managed, as to the said intendant and council shall seem most conducive of the public interest.

Sec. 2. Be it further enacted, That the said intendant and council shall have and exercise the right of establishing the rates of ferriage at said ferry; and to ask, demand and receive the same, to rent annually or otherwise conduct, and manage the said ferry, and to require bond, with security payable to the said intendant and council, and their successors in office, from such person or persons as shall from time to time rent or contract to keep or manage said ferry, conditioned for the faithful discharge of said duty, according to the terms of the agreement or contract, which he or they shall so make or enter into, with said intendant and council, and such bond so taken, may be put in suit and a recovery be had thereon in favor of any person or persons who may be injured, damaged or aggrieved, by reason of the said ferryman or ferrymen neglecting to perform his or their duty, as such, in any particular, or by reason of such ferryman’s failing to provide fit and suitable water craft and utensils, to work the same, or to provide a fit and trusty hand or hands, to keep and manage said ferry; and the said bond may be put in suit, as often as breaches shall accrue, and recovery be had thereon, until the whole amount of the penalty thereof shall have been recovered.

Sec. 3. Be it further enacted, That William Sayer, John Gindrat, Ebenezer D. Washburn, Francis Lewis, and Robert Glenn, or a majority of them, be and they are hereby appointed commissioners to lay out and mark off a public road, by the nearest and best route, beginning at said ferry at the town of Montgomery, on the west of the river, thence until it intersects the road leading from said town of Montgomery, to the pine flat, in Autauga county.

Sec. 4. Be it further enacted, That as soon as said commissioners shall have laid out said road, they shall make report thereof to the county court of Autauga county, whose duty it shall be to appoint an overseer and apportioners of hands to open and keep in repair the said road, according to the laws now in force, or which hereafter may be enacted on that subject.

Sec. 5. Be it further enacted, That all damages which may be assessed, and all expenses which may be incurred, in establishing said ferry, shall be paid and discharged by the said intendant and council, of the town of Montgomery.


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Sec. 6. Be it further enacted, That, an act entitled an act to establish a ferry, and appoint commissioners, to lay out a road therein named, passed Dec. 12. 1821, be and the same is hereby repealed.

APPROVED, Jan. 11, 1827.

 

AN ACT to authorize Abraham Smith and his associates to erect a mill on Coosa river.

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That Abraham Smith of Shelby county, and his associates, be, and they are hereby authorized to build a mill, or whatever other water works, which they may deem most advantageous on the fort Williams shoals on Coosa river, in the county aforesaid; and they shall have power to raise a dam of such height, as to provide a sufficient quantity of water for the use of the same: Provided, That they shall not at any time obstruct the navigation of the said river thereby.

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

Approved, Jan. 13, 1827.

 

AN ACT to authorized Edward Sims and his associates to open a turnpike 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 Edward Sims and his associates, be and they are hereby authorized and empowered to lay out and open a road from the house of Edward Davis, in Tuscaloosa county, to the house of William R. Sadler, in Jefferson county, by the nearest and most eligible route which they have or may hereafter discover; the said road shall be twenty-feet wide, cleared of every obstruction, stumps and grubs shall be taken up by the roots, or levelled with the gourd, the sloping ground and banks of water courses shall be so worked on as to ensure the safe and easy passage of horsemen and carriages of every description all marshes, swamps and creeks, shall be causewayed or bridges with good durable materials, put together in a suitable workman-like manner, with ditches on each side of causeways if necessary, the causeways and bridges shall be twelve feet wide with good substantial railing to the bridges.

Sec. 2. And be it further enacted, That when the said Edward Sims and his associates shall have completed said road, and reported the same to the county court of Jefferson county, it shall be the duty of said court to appoint three suitable persons to examine said road and report their opinion to the said county court, and the said commissioners shall receive


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for their services such compensation as the said county court shall deem reasonable, to be paid by the said Edward Sims and his associates.

Sec. 3. And be it further enacted, That should the said commissioners appointed the second section of this act report that said road is in good order, then and in that case the said Edward Sims and his associates are hereby authorized to erect a turnpike gate at some convenient place in Jefferson county, and demand and receive of and from each and every person who shall or may travel said road the following rates of toll; to wit: for every four wheel carriage, 50 cents; for every two wheel carriage, 25 cents; for every man and horse 12 1/2 cents; for every loose horse, 6 1/4 cents; for every head of neat cattle, 2 cents; for every head of sheep, goats or hogs, 1 1/2 cents; and if any person shall pass round said gate with intent to avoid the payment of toll, he or she shall, for every such offence, forfeit and pay to the said Edward Sims and his associates triple the amount which her or her toll would have been, to be recovered before any justice of the peace, with legal costs for the same.

Sec. 4. And be if further enacted, That is shall be the duty of the county court of Jefferson county aforesaid, when application is made to appoint three commissioners to examine said road, and report their opinion to said county court, and if in the opinion of the said commissioners, the road is not in good order, they shall direct the gate to be thrown open, and no toll shall be received, under the penalty of twenty dollars until said road shall be repaired in a good and sufficient manner; and the said Edward Sims and his associates, shall have all the benefits and profits arising from the tolls for the period of fifteen years from the time they are authorized to erect the gate on said road; Provided, that said road shall be completed in twelve months, from and after the passage of this act.

Sec. 5. And be it further enacted, That said turnpike road shall not in any manner interfere with the present road leading from Tuscaloosa to Elyton in Jefferson county.

APPROVED, Jan. 11, 1827.

 

AN ACT to establish a road from Elyton to Montevallo.

SEC. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That a public road, leading from the public square in the town of Elyton, to the town of Montevallo, be and the same is hereby established.

Sec. 2. And be it further enacted, That George Morrow and his associates be, and they are hereby, authorized to lay out and open said road the most eligible route which they have or hereafter may discover: Provided, That they shall be, and are hereby, authorized to make the said road where the road which has been laid out now runs, or any part or parts thereof.

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Sec. 3. And be it further enacted, That all lanes through which said road may pass shall be kept open thirty feet wide; said road shall not be less than eighteen feet wide, clear of every obstruction: twelve feet of which, in the general direction of the road, shall be clear of stumps and grubs, either taken up by the roots, or levelled with the ground; the sloping grounds, and banks of water courses, shall be so worked upon as to ensure the safe and easy passage of horsemen and carriages of every description; all marshes, swamps and creeks, when necessary, shall be causewayed or bridges with good and durable timbers, put together in a substantial and workmanlike manner, with ditches on each side of causeways, whenever necessary; the causeways or bridges shall be at least twelve feet wide.

Sec. 4. And be it further enacted, That when the said George Morrow and his associates shall have completed said road, and reported the same to the judge of the county court of Jefferson county, it shall be the duty of said judge to appoint three fit persons to examine said road, and report their opinion to the said judge; and the said commissioners shall receive for their services such compensation as the said judge may direct, to be paid by the said George Morrow and his associates.

Sec. 5. And be it further enacted, That should the commissioners appointed by virtue of the fourth section of this act, or a majority of them, report that said road is in good order, then and in that case the said George Morrow and his associates are hereby authorized to erect a turnpike gate, at some convenient place: Provided, that said gate shall not be erected on the east side of Cahawba river, nor within eight miles of Elyton; and demand and receive of and from each and every person who shall or may travel on said road, any rates of toll not exceeding the following, to wit: for every waggon, or four wheel carriage, thirty-seven and a half cents; for every two wheel carriage, eighteen and three-fourth cents’ for every man and horse, six and a fourth cents: for every loose, led or pack horse, three cents; for every head of cattle, two cents; for every head of sheep, hogs, or goats, two cents; and if any person shall pass round said gate, with the intent to avoid the payment of toll, he or she shall, for every such offence, forfeit and pay to the said George Morrow and his associates treble the amount which his or her toll would have been, to be recovered before any justice of the peace, with legal costs for the same. And if any person or persons shall obstruct or injure said road by falling trees, or in any other manner whatsoever, he, she or the shall be liable to a fine of twenty dollars, recoverable before any justice of the peace, and paid into the county treasury of the county where said offence shall have been committed, and shall moreover be liable for all the injury the said George Morrow and his associates may receive by said obstruction or injury aforesaid; Provided, no toll shall be exacted from any person in Shelby


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county, through whose land the said road may pass, whilst travelling towards Montevallo, and returning home.

Sec. 6. And be it further enacted, That it shall be the duty of the judge of the county court of Jefferson county, when application is made for the purpose, to appoint three fit persons to examine said road, and report their opinion to said judge; and if in the opinion of the commissioners appointed by virtue of this section, the road be not in good order, he shall direct the turnpike gate to be opened, and no toll shall be received, under the penalty of twenty dollars, until said road shall be repaired in a good and sufficient manner: and the said George Morrow and his associates shall have all the benefits and profits arising from the tolls, for the period of fifteen years.

APPROVED Jan. 13, 1827.

 

AN ACT to amend an act entitled an act concerning Roads, Highways, Bridges and Ferries, in the county 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 passage of this act, in lieu of the quantum or amount of labor on public roads now imposed on the taxable inhabitants of the county of Mobile, there shall be imposed a tax on the said inhabitants, to be assessed in the ration of twelve and a half cents for every hundred dollars of taxable property, which he, she or they may possess: Provided, however, that no inhabitant of said county shall be assessed for a less amount than three dollars per annum; which aforesaid tax, shall be assessed in such a manner as the judge of the county court, and the commissioners of roads, highways, bridges and ferries, in the said county of Mobile, or a majority of them may direct, and to be collected, accounted for and paid over in manner as is hereinafter directed.

Sec. 2. And be it further enacted, That it shall be the duty of all persons in the said county of Mobile, who may be liable to the payment of a poll tax only; all those liable to militia duty, as well as of free males of color, (of the age of eighteen years and upwards) who have no taxable property in said county, to pay for each and every day they may be assessed and be liable to work on the said public roads, the sum of one dollar, or in case he, she or they should prefer it, they may select to work on the said public roads, the number of days assessed against them respectively, pursuant to the provisions of this act.

Sec.3. And be it further enacted, That the said judge and commissioners of roads, highways, bridges and ferries, shall hold a special term or session on the third Monday of January in each and every year, at which term the said judge and commissioners shall have the power, and they are hereby authorized to appoint overseers for each commissioner’s district, pursuant to the laws now in force on that subject: Provided nevertheless, that a majority of the whole number of commissioners shall constitute a board to transact business and that


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if the judge of the said county court shall fail to attend any meeting of the said board of commissioners, the said board shall be and they are hereby authorized to elect a president pro tempore, and to proceed to business.

Sec. 4. And be it further enacted, That the said judge and commissioners or a majority of them, shall appoint an assessor and collector of road taxes, road fines and penalties in and for the said county of Mobile, who shall receive such compensation for his services as the said judge and commissioners or a majority of them, may fix and determine; and whose duty it shall be, under the direction of the said judge and commissioners, to make all assessments of road taxes or labor on all public roads in said county, and to collect the same; and who, before entering on th duties of his office, shall give bond with sufficient security to be approved by the judge of the said county court, made payable to the said judge and his successors in office, conditioned well and truly to execute the duties of his office, and faithfully to account for and pay over to the said judge and commissioners, all monies to be by him collected and received as assessor and collector as aforesaid; and the said assessor and collector shall further before entering on the discharge of his official duties, take and subscribe an oath faithfully to discharge the duties enjoined upon him by law, and to pay over all monies by him collected or received, to the said judge and commissioners, pursuant to the true intent and meaning of this act.

Sec. 5. And be it further enacted, That the said judge and commissioners, or a majority of them, shall have the right, and they are hereby authorized, to let out to the lowest bidder, the keeping in good repair the said public roads in the said county of Mobile, who shall be held and deemed legally liable to the said judge and commissioners for any breach or violation of his contract, and shall moreover be liable to all the pains and subjected to all the penalties prescribed by the existing laws against overseers of public roads in this state, who refuse or neglect to discharge the duties enjoined upon them by law.

Sec. 6. And be it further enacted, That the several bidders or contractors for work on the public roads of the said county of Mobile, shall take and receive in part payment of the amount which may be stipulated to be paid, or be due to them respectively, three days labor of all such persons as may be elected, to work on the public roads aforesaid, in preference to paying the tax assessed by the second section of this act.

Sec. 7. 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 are hereby repealed.

Approved Dec. 26, 1826.

 

AN ACT amendatory to an act passed on the 14th January, 1826, entitled an act to authorize William H. Ragsdale and his associates to turnpike a road therein specified.

SEC. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened,


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That if any person shall attempt to evade the payment any tolls allowed by the act to which this amendatory, by passing through the gate authorized by the said act to be set up, arbitrarily, or having passed, refuse or neglect to pay the toll allowed in said act, or pass found the said gate, such person or persons so offending shall pay to the said William H. Ragsdale and his associates, his or their agent, the sum of five dollars for every such offence, recoverable before any justice of the peace in this state.

Sec. 2. And be it further enacted, That so much of the said act as requires the said William H. Ragsdale and his associates, to bridge Big Bear creek, be and the same is hereby repealed, and in lieu thereof the said William H. Ragsdale and his associated, shall keep a good ferry-boat at the crossing of said road on said stream; the banks at the ferry and the ford shall be kept in good condition, and the tolls at the said ferry shall be regulated by the judge of the county court and road commissioners of Franklin county, and the said ferry shall be governed by the existing laws regulating other ferries in this state.

Sec. 3. And be it further enacted, That any person or persons who shall in any manner whatever, impair, or in any manner whatever obstruct the said road, either before or after its completion such person or persons on conviction before any justice of the peace for this state, shall pay to the said William H. Ragsdale and his associates, or to his or their agent, the sum or sums of money or suffer such other fines and forfeitures as are or may be assessed or inflicted by the laws of this state regulating public highways.

APPROVED JAN. 12, 1827.

 

AN ACT supplementary to the several act heretofore passed, grating to Abraham Stout and his associates the privilege of opening a turnpike road commencing at or near John Gandy’s in Morgan county, to intersect the old Huntsville road at or near Elyton in Jefferson county.

Whereas, Abraham Stout and his associates have completed that part of said road authorized by an act, passed December 23d, 1822, in conformity with the provisions of said act: and have also expended much money on that part of said road, from Baltimore to intersect the old Huntsville road at or near Elyton, authorized by an act passed the ninth day of December, 1823, in conformity with the provisions of said act: Therefore,

SECT. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the said Abraham Stout and his associates be allowed until the first day of January next, to complete and put in good repair said road from Morgan county to the point at which he may intersect the old Huntsville road, at or near Elyton, and the said Stout and his associates shall be entitled to all the benefits of the said road for the term of twelve years from and after the first day of January next, and subject to all the restrictions provided in the before recited act.

APPROVED, Jan. 13, 1827.