AN ACT to improve the navigation of Flint river in Madison county.
SEC. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That a company be established for improving the navigation of Flint river; the capital stock of which said company shall not exceed the sum of ten thousand dollars, unless hereafter enlarged by law.
Sec. 2. And be it further enacted, That subscription for stock, each share to consist of fifty dollars, shall be opened on the first Monday of May next, at the town of Brownsborough, under the superintendence of William Scott sen. James McCartney, George Taylor, Lewis Moore and William Veitch, Henry Cook, and Byrd in the town of Huntsville, under the superintendence of Thomas Brandon, Thomas Cain, A.D. Veitch, Henry Cook, and Byrd Brandon, and shall be kept open three days at each place.
Sec. 3. Be it further enacted, That the superintendents at Brownsborough, shall have full power and authoity to appoint agents to open subscriptions at any other place or places they may deem proper and to publish the times of opening the same, in some newspaper printed in Huntsville, for receiving subscriptions.
Sec. 4. Be it further enacted, That of each share, shall be paid down at the time of subscribing, one fourth, the remainder at such times as the directors may think proper, and notice thereof given at least thirty days previously by publishing the same in one of the newspapers printed in Huntsville and such other places as they may think best; the payments to be made in specie paying currency; and immediately after the term of subscription, the superintendents shall give notice in writing to the superintendents at Huntsville, of the names of subscribers, the number of shares subscribed by each, and the monies paid in: and in case the aggregate amount of subscriptions amount to two thousand dollars, then the superintendents at Brownsborough shall publish a day and place for the election of seven directors, every share to be entitled to one vote, and stockholders to be entitled to vote by proxy; the said superintendents at Brownsborough to have full power and authority to appoint managers for holding such election.
Sec. 5. Be it further enacted, That in case the whole amount of subscriptions shall amount to the sum of two thousand dollars, the superintendents at Brownsborough shall forthwith determine, as their discretion may direct, either to order and advertise for opening subscriptions at the places aforesaid, by the same superintendents, or others in case of death, removal, or refusal to act, of those previously appointed, or to direct the prepayment to subscribers of the sums respectively subscribed and paid.
Sec. 6. And be it further enacted, That the company hereby established shall be, and the same is hereby, made a body politic and
corporate, under the name and style of the "Flint River Navigation Company," and shall so continue until the year one thousand eight hundred and forty-seven; and by that name shall be and are hereby made able and capable in law to have, purchase, receive, possess, enjoy and retain to them and their successors, sands, tenements, hereditaments, goods, chattels, and effects, of what kind, nature and quality soever, to an amount not exceeding in the whole twenty thousand dollars, including in the amount capital stock; and the same to sell, grant, devise, alien and dispose of; to sue and be sued, plead and be impleaded, answer and be answered unto, defend and be defended, in any suit, action, matter or thing, in any court, either of law or equity, or any other place whatsoever; also to make, have, and use a common seal, and the same to break, alter or renew at their pleasure; and also to ordain, establish, and put in execution such by-laws, ordinances and regulations as they shall deem necessary and convenient for the government of said corporation, not being contrary to the laws of this state or of the United States; and generally to do and execute all and singular the acts, matters and things which to them may appear necessary, or which may appertain to them to do, as incident to bodies corporate subject, nevertheless, in addition to the restrictions, limitations and provisions hereinafter prescribed and declared: Provided, nothing in this act shall be so construed as to authorize said company to exercise banking powers, or any power not specially delegated.
Sec. 7. Be it further enacted, That the directors shall meet and organize, and appoint such officers as may be necessary for conducting the business of said company; they shall keep regular accounts, and make annual reports of their proceedings to the stockholders thereof: In case of death, resignation, or removal of any one of the directors, or should a vacancy occur in any manner whatever in the board of directors, a majority of the remaining directors may fill such vacancy; and an annual election of directors shall be held on the first Monday of July in each and every year at Brownsborough, which said directors, when so elected, shall proceed to choose one of their own body as president of said board of directors, which said president, when so elected, with three of the directors, shall hold their quorum to do business: Said president and directors shall hold their offices for twelve months, or until their successors shall be elected and qualified.
Sec. 8. Be it further enacted, That the directors, or a majority of them being present, (one of which shall be the president,) shall have power to determine on all plans relative to the contemplated improvements, and may authorize a committee or agents to contract for, or to superintend the execution of, any such plans, and to make contracts for necessary supplies, or for such superintendents and laborers as may be required, not to exceed in amount or value the sums appropriated by the board of directors.
Sec. 9. Be it further enacted, That the directors shall have power to enforce the payment of stock subscribed, either by making a failure amount to a forfeiture, or otherwise.
Sec. 10. Be it further enacted, That when the improvement of said river shall be deemed by the board of directors to be completed, and the directors shall desire to be at liberty to charge toll for the passage of boats over the same, they shall apply to the judge of the county court, who shall appoint commissioners to examine and report on oath whether the improvements have been made as con-
templated by this act; which report the clerk of the county court shall enter on record; and in case such improvement shall be deemed completed so as to admit the easy ascent and descent, at all times, of boats of ten tons burthen, he shall certify the same to the directors, who shall thereupon be authorized to make regulations for receiving toll, not exceeding the rates hereinafter specified, that is to say: For each barrel, six and one fourth cents; for each bale of cotton, twenty cents.
Sec. 11. Be it further enacted, That all articles not herein enumerated, shall be rated by weight or measurement, and tolled according to the foregoing rates: Provided, that if the tolls do not at any time produce twelve and a half per cent on the capital stock expended in said improvement, said company shall have the right to increase the same so as to produce twelve and a half per cent thereon; and whenever the tolls produce more than twenty-five per cent, the judge of the county court shall have the right, and it shall be the duty of said court to reduce the tolls so as not to exceed twenty-five per cent; and it shall be the duty of the board of directors to report on oath annually to the county court the amount of nett profit that may arise from tolls.
Sec. 12. Be it further enacted, That if the improvements contemplated by this act, be not make in five years, then this act shall be null and void.
Sec. 13. And be it further enacted, That the contemplated improvement hereby established shall only extend from Brownsborough to the Tennessee river: Provided, That no toll shall be collected by said company on Flint river below the point in said river where natural obstructions do not now exist; and the county court and commissioners shall have power, and it shall be their duty to determine on the point on said river below which no toll shall be collected for using said river.
Sec. 14. And be it further enacted, That all acts and parts of acts, contravening this act, be and the same is hereby repealed.
AN ACT to incorporate the town of Decatur, in Morgan county.
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 town of Decatur, in the county of Morgan, as laid out and established by the trustees of the Decatur Land Company, in the year 1820, be and the same is hereby incorporated.
Sec. 2. And be it further enacted, That an election shall be held in said town on the first Monday in March next, and on the same in every year thereafter, to commence at the hour of twelve o=clock, and the polls shall be kept open two hours, for the purpose of electing five commissioners, resident citizens of said town, also, a town constable, assessor and treasurer; and the commissioners thus elected shall on the succeeding day choose from their own duty, a president, for the next year ensuing, and the president and commissioners thus elected, shall constitute a body corporate by the name and style of "the president and commissioners of the town of Decatur;" a majority of whom may constitute a quorum to do business: Provided, That the office of assessor and constable may or
may not at discretion be conferred on the same person: And provided further, that all persons who have been residents of said town, one month immediately preceding every election shall be entitled to a vote.
Sec. 3. And be it further enacted, That the president and commissioners, and other officers elected as aforesaid, shall proceed in the same manner, possess the same powers, and be subject to the same restrictions as were provided by law for the government of the president and commissioners of the town of Tuscaloosa, by an act passed the 13th December 1819.
Sec. 4. And be it further enacted, That Jesse White, Thomas Sutherland, and Kinchen W. Davis or either of them, are authorised to hold the first election, as pointed out by the second section of this act, and that all future elections shall be held by the president and any of the commissioners and in case of the absence of the president by any two of the commissioners.
AN ACT to incorporate the Pikeville Library Company.
SEC. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That John D. Terrell, William H. Ragsdale, William H. Duke, John White, De La F. Roysden, Isaac T. Tinsley, James S. Ewing, Harley Tuttle, and their associates, be, and they are hereby, created a body corporate, by the name and style of the Pikeville Library Company.
Sec. 2. And be it further enacted, by the authority aforesaid, That the said corporation, by their name aforesaid, shall have perpetual succession of officers and members, to be appointed or elected in such manner, and according to such form, as may be prescribed by the by-laws to be made for the government of said corporation; and that they have full power to establish in the town of Pikeville a public library by the sale of stock, in such manner and on such terms as to them may seem expedient and proper; and that they may have a common seal, with power to alter and make new the said rules and regulations, and the common seal, as often as they shall deem it necessary.
Sec. 3. And be it further enacted, That the said corporation shall be able and capable in law to purchase, have, hold, possess, enjoy and retain to itself, in perpetuity, for life, or any term of years, real estate, to the value of five thousand dollars; and to sell, alien and dispose of the same as they may thing proper; and to have and possess personal estate to any extent, so far as the same will facilitate the object contemplated by said corporation, and to sell, alien and dispose of the same in like manner; and by its name above mentioned, to sue and be sued, plead and be impleaded, answer or be answered, in any court of law or equity in this state, and to make such rules and regulations, not repugnant to the constitution and laws of this state, or of the United States, as they may deem expedient.
AN ACT to incorporate the Trustees of Greenville Academy, in Butler County.
SEC. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That an Academy be, and the same is hereby established in the county of Butler, by the name of Greenville Academy, and that Daniel Gafford, Mathew Wood, Micajah Wade, Ward Taylor, Thomas S. Herbert, John Herbert, John Wamack, Isaac Cook, Anderson Crenshaw and Edward H. Cook, their associates and successors be, and are hereby constituted a body corporate by the name and style of "The Trustees of Greenville Academy" and by the name shall have power to sue and be sued, to plead and be impleded, to receive donations, to hold real estate to the value of ten thousand dollars and in general to do and perform all acts for the benefit of the institution which are incident to, and usually exercised by such bodies corporate, and which are not contrary to the constitution and laws of the United States or of this State.
Sec. 2. And be it further enacted, That said trustees their associates and successors shall have power to associate with them any number of men not exceeding seven, who when elected shall have equal rights with those here named, and shall fill all vacancies which may occur by death, resignation, refusal to act, or otherwise; and to appoint a president, treasurer, and secretary, and to prescribe the duties of each, and to make all such be laws for the Government of said academy and of their own meetings, as they shall think proper.
Sec. 3. And be it further enacted, That said trustees shall meet at such times and place as they shall think proper, and that five shall be a quorum to transact business until otherwise provided by their by-laws.
Sec. 4. And be it further enacted, That the trustees of said academy, be and they are hereby authorized to raise by way of lottery, for the benefit of said institution, a sum of money not exceeding five thousand dollars, on such plan or scheme as they may deem most advisable.
AN ACT to repeal in part an act passed of St. Stephens, Feb. 10th, 1818 incorporating the St. Stephens Steam Boat Company.
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 an act, entitled an ace incorporating the St. Stephens steam boat company, passed 10th February, 1818, at St. Stephens, as might by construction seem to authorize the said company, or its agents, to issue any tickets, orders, checks, bills, or promissory notes of any value or description, be and the same is hereby repealed and made void.
Sec. 2. And be it further enacted, That any person, body corporate, company or association, issuing any note for circulation, as a bank note, without the authority of law, be fined in a sum of one hundred dollars, and be imprisoned not more than six months.
AN ACT to incorporate the Moulton Troop of Cavalry of Lawrence county.
SEC. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That Captain J. D. Harris, Lieutenant Ellis Gregg, Cornet John A. Weir, and their successors in office, and the noncommissioned officers and privates, composing the Volunteer Troop of Calvary of Moulton, styled the Moulton Troop of Cavalry, be, and they are hereby declared to be, a body politic and corporate, under the same rules and regulations, powers and restrictions, prescribed in an act to incorporate a volunteer corps of infantry in the city of Mobile, styled the Mobile Republican Greens, passed at the General Assembly of this state held in the year 1824.
Sec. 2. Be it further enacted, That Captain John Gillin, Lieutenant W. D. Hart, Cornet Abraham Battle, and their successors in office, and the non-commissioned officers and privates, composing the Volunteer Troop of Cavalry on Town creek, Lawrence county, styled the Town creek Troop of Cavalry be, and they are hereby declared to be, a body politic and corporate, under the same rules and regulations, powers, privileges and restrictions, prescribed in the first section of this act, incorporating the Moulton Troop of cavalry.
AN ACT to amend an act, passed December 20, 1820, amending an act, passed 12th November, 1819, incorporating the town of Triana.
SEC. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the corporate limits of the town of Triana be extended as follows, to wit: To run form the mouth of the barren fork of Indian creek up the west side of said creek to a point fifty yards north of Ninth street, thence running parallel with said street until it strikes the western boundary line of fraction twenty-two, range two, township five, west, thence south with said line until it reaches the former limit of said town, then said limits to remain as before.
Sec. 2. Be it further enacted, That the president of the board of trustees for said town shall be, ex-officio, a justice of the peace for the county of Madison, and shall have power to try all civil cases, and issue all process in and for said county that justices of the peace of this state have jurisdiction of, or power to issue, under the same penalties and restrictions to which justices of the peace of this state are and may be liable.
Sec. 3. Be it further enacted, That the town constable shall have power to serve all process within the limits of said town that the constables of this state are authorized to serve in their respective counties.
Sec. 4. Be it further enacted, That the president and board of trustees of said town shall have power to erect wharves upon the western bank of Indian creek, between a point opposite to the north side of Third street, and a point opposite to the north side of Broad street, and to regulate wharfage.
Sec. 5. Be it further enacted, That said trustees, or an majority of them, are hereby authorized to assess such taxes on all property lying within the limits of said town as they may think proper, for all the purposes of a proper police, said assessment of taxes not to exceed two hundred dollars per annum.
Sec. 6. Be it further enacted, That the president and trustees of said town, in office at the time of holding the annual elections, shall remain and continue in office until successors be duly elected and qualified.
Sec. 7. Be it further enacted, That the president and board of trustees shall have power to establish night watches or patrols, to provide for licensing and regulating retailers of liquors within the limits of said corporation: Provided, That the retailers of liquors licensed as aforesaid shall also have obtained licenses in the manner now pointed out by law: and the power of annulling the same, on good and sufficient complaint being mad against any person holding such license; to restrain and prohibit gambling; and to provide for licensing and regulating theatrical and other public shows or amusements within the limits of the corporation; to sink wells, and erect and repair pumps in any of the streets, or on any of the public ground within said corporate limits.
Sec. 8. Be it further enacted, That the president and board of trustees of said town shall, on or before the first Monday in December in each and every year, publish in three public places within said town, a true statement in writing of the receipt of any moneys into the treasury of the corporation, together with an exact and methodical account of the appropriations and disbursements made thereof.
Sec. 9. And be it further enacted, That the constable for said town shall enter into bond, according to the provisions of an act passed 20th December, 1820, for amending the act incorporating said town, in the sum of four hundred dollars, instead of two hundred dollars, as prescribed by said act.
AN ACT to amend an act, entitled an act to incorporate the town of Florence, in 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 from and after the passage of this act, the inhabitants residing within the corporate limits of said town shall not be liable to work on roads without the limits thereof, nor shall the inhabitants living without said limits be compelled to work on the streets or roads therein, any law to the contrary notwithstanding.
AN ACT to repeal an act incorporating the town of Rodney, in Washington county.
SEC. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the "act incorporating the town of Rodney, in the coun-
ty of Washington." passed on the thirteenth day of February, one thousand eight hundred and eighteen, be and the same is hereby repealed.
AN ACT to incorporate a body of Free-Masons at Claiborne, in Monroe County.
SEC. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That James B Colburn as M.V Z J. Henry N. Allen as M.E.S.W. Henry W. Taylor M.E.J.W. Ezra Hill as Treasurer and William H. Simpson as Secretary, with their associates and successors, be, and they are hereby incorporated and declared a body politic and corporated, in deed and in law, by name and style of the "Alabama Council of Princes of Jerusalem," and said corporation by its name and style aforesaid, shall have a common seal, with power to alter the same and make all necessary by laws for their better government, and to sue and be sued, plead and be impleaded, in any court of record in this state, and the said corporation shall have power to purchase lands or personal estate, and to accept any devised bequest or donation. Provided, That nothing herein contained shall be construed to interfere with any powers, rights or privileges heretofore granted to the Most Worshipful Grand Lodge of this state.
AN ACT to incorporate the Town of Pikeville.
SEC. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the town of Pikeville in Marion county, be and the same is hereby established, in conformity with the plan adopted by the commissioners of the aforesaid town, and the same is hereby incorporated.
Sec. 2. And be it further enacted, That there shall be held at the court house in said town, on the first Monday of February next, and on that day in each and every succeding year, an election from the hour of ten in the forenoon, until the hour of four in the afternoon, for the purpose of electing five persons, inhabitants of the town, to act as trustees thereof, a majority of whom shall constitute a quorum to do business, also a town constable, assessor, collector, and treasurer, to serve for the term of one year, which election shall be superintended by some justice of the peace.
Sec. 3. And be it further enacted, That every free white male of full age, who has resided in said town three months previous to the election of the trustees, shall be entitled to vote for said trustees.
Sec. 4. And be it further enacted, That such trustees so elected, shall choose one form among their number as president thereof, and they shall have power and authority to pass such laws and regulations for the government and internal police of said town, as they may think proper, not contrary to the laws of this state, and to tax and impose reasonable fines and amercements in any one case not exceeding ten dollars, against all and upon all persons who shall offend against the laws, ordinances and regulations, of the corporation, made
as aforesaid, and all such fines to be levied of the goods and chattels of such offender by warrant issued under the hand and seal of the president, directed to the town constable, who is hereby required and authorised to execute the same, which fines shall be paid into the town treasury appropriated to the benefit of said corporation, they shall also have power imprison persons offending against the laws and regulations not exceeding twelve hours.
Sec. 5. And be it further enacted, That if any vacancy should happen from death, resignation or removal, of any of the said trustees, that then the citizens shall have authority to elect such person as they may think proper, to fill the vacancy, at such time as the balance of the trustees may appoint by advertisement at the court house in said town.
Sec. 6. And be it further enacted, That the said trustees, at their first or any subsequent meeting, may leave and direct to be collected, a town tax not exceeding one half of the amount directed by law to be collected as a state tax, on persons and property in said town, which tax shall be appropriated to the use and benefit said corporation.
Sec. 7. And be it further enacted, That said corporation shall be known as "the president and trustees of the town of Pikeville," that the commissioners and other officers of the corporation, shall severally before they enter on the duties of their office, take and subscribe an oath before some person qualified to administer the same, well and truly to discharge the duties to them committed, without fear, favor or partiality, a certificate of which oath shall be filed with the clerk of the board of commissioners.
AN ACT to incorporate the town of Russelville, in the state of Alabama.
SECT. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the inhabitants of the town of Russelville by the name of "the mayor and aldermen of the town of Russelville," be and they are hereby constituted a body politic and corporate, and by that name shall sue and be sued, grant, receive, and do all other acts, as natural persons; and may purchase and hold property, real and personal, and dispose of the same for the benefit of said town, and shall have a seal, which may be altered at pleasure.
Sec. 2. And be it further enacted, That the boundaries of said town as incorporated by the first section of this act, shall be established in conformity with the plan adopted by the trustees of the aforesaid town.
Sec. 3. And be it further enacted, That the corporation of the town of Russelville, consisting of the mayor and aldermen, shall consist of five members, residents in said town, the aldermen to be elected annually, on the first Monday in January in each and every year, by ballot, at an election by the qualified electors for members of the general assembly within the bounds of said incorporation, which election shall be
holden by the sheriff of Franklin county, and three respectable citizens, to be by him summoned as judges thereof, in which he shall be governed by the laws regulating elections for members of the general assembly; and the five persons receiving the highest number of votes, shall be aldermen for the ensuing year; and if any two or more of the highest number of voted should have an equal number, it shall be the duty of the sheriff, ex-officio, to declare which of said persons shall be alderman, and to give to the person so elected a certificate of the same, and the aldermen so elected, shall after taking the oath required by law to be taken by all civil officers in this state, and an oath to discharge without favor or partiality the duties imposed by this act, proceed to elect by ballot one of their number, who, when elected, shall be mayor for the ensuing year: Provided, That the first election shall be held on the first Monday in February next, for the aldermen of said town in manner above set forth, who shall hold their offices until the next general election for officers, and until their successors shall be qualified: Provided, That if the sheriff should fail at any time, to hold an election at the time herein appointed, it shall be his duty to advertise in three of the most public places, in said town, setting forth the time, not exceeding ten days, at which he will hold an election for aldermen for said town.
Sec. 4. And be it further enacted, That the mayor of said corporation shall, ex-officio, possess and have all the powers of a justice of the peace, and in addition to the oaths prescribed by this act to be taken by the aldermen, he shall take an oath without favor or partiality to discharge the duties incident to said office.
Sec. 5. And be it further enacted, That the mayor and aldermen, or a majority of them, shall have the power to appoint a secretary to the incorporation, to hold his office for the time until the next general election for aldermen of said town, but subject to be removed by the mayor with the concurrence of three-fourths of the aldermen in office, also to appoint annually an assessor, a collector of taxes, a treasurer and constable; to pass by-laws and ordinances, not inconsistent with the constitution and laws of this state, to restrain and prohibit gambling; to erect and repair the streets, avenues, and bridges; to inflict appropriate fines and penalties, for injuring, or in any way obstructing the same; to restrain and prohibit the nightly and other meetings or disorderly assemblies of slaves, free negroes, and other knavish or disorderly persons; to enforce the collection of fines, and penalties for violating any of the by-laws or ordinances adopted for the regulating said town.
Sec. 6. And be it further enacted, That the mayor and aldermen shall have power to levy a tax on all property taxable by the laws of this state, real or personal, as well as a poll tax: Provided, That they shall not be allowed to levy a tax ex-
ceeding the state tax on property, nor a poll tax on free polls exceeding one dollar: And provided also, That the tax on property be laid in pursuance of an assessment and valuation of said property, by an assessor of said incorporation, appointed by the board, which assessment shall be made in pursuance of an order from the board, and returned to the clerk of the incorporation, containing a list of the property so assessed, with the names of the owners thereof, and value of each article distinctly; and that said mayor and aldermen, shall have power to direct the mode of making out assessments and of correcting the same; and to prescribe the mode of collecting said tax, when the same has been given in to the assessor for tax, or for collecting a double tax, where the same has not been given in for tax and assessment, either by distress, sale, or otherwise; and 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 to enforce obedience and punctuality in their officers, by proper and appropriate penalties, in a summary manner to be prescribed by motion before said board, whose order or judgment in all cases shall have the force of a judgment at law, on which a similar process may issue as from the circuit court; and to prescribe a mode by which, in like manner, judgment may be had against any of their officers and securities, by motion before the board.
Sec. 7. And be it further enacted, That the clerk, collector, treasurer, and constable, of said incorporation, before they enter upon the discharge of the duties of their appointment, shall enter into bond with security to the mayor and his successors in office, in the sum of one thousand dollars, conditioned, for the faithful discharge of the duties attached to said appointment, on which an action may be brought in the name of the mayor or successor, for the use of the corporation, or party injured, before any tribunal having jurisdiction thereof.
Sec. 8. And be it further enacted, That the mayor and aldermen shall keep a record of their proceedings, in which all the ordinances, by-laws, and orders of said incorporation, shall be regularly entered, which on every adjournment, shall be read and signed by the mayor, and that a regular certified copy, of any of the proceedings of said board, by the clerk shall be received as evidence prima facia, of the fact, and that the record of the proceedings of said board shall be open at all times for the inspection of any person interested therein.
Sec. 9. And be it further enacted, The constable appointed in pursuance of this act, shall possess the same powers and privileges within the bounds of said incorporation, and in pursuance and execution of this act, as constable under the state laws, and that the officers of the incorporation, unless otherwise provided for, by the board, shall have the same fees as state officers for like services.
Sec. 10. And be it further enacted, That the mayor possessing all the powers within the bounds of said incorporation of a justice of the peace, shall have exclusive jurisdiction of all matter and things arising under any of the regulations, ordinances, and by-laws of the incorporation, and shall have power and jurisdiction to hear and determine all fines and forfeitures, arising under the laws of the incorporation where the same does not exceed fifty dollars: Provided however, That in all cases, whenever either of the parties shall be dissatisfied with his decision, he, she or they, may appeal therefrom to the next term of the circuit court, under the same rules and regulations as prescribed for taking appeals from judgments of justices of the peace under the state laws.
Sec. 11. And be it further enacted, That the mayor and aldermen, a majority of them being present, shall have power by an order of the board, to allow to the officers of the incorporation, such sum or sums as may be reasonable and just, for any services they or either of them, may have rendered the incorporation, for which no specified fees may have been provided for by law.
Sec. 12. And be it further enacted, That a majority of the aldermen with the mayor, in all cases not otherwise provided for, shall constitute a quorum to transact business, and that in case of the death, removal, refusal or inability of any mayor to act, the aldermen shall proceed to elect another in his stead, and that the mayor and alder men in office, shall continue to act, until their successors shall have been elected and qualified.
Sec. 13. And be it further enacted, That all laws and parts of laws relating to the incorporation of the town of Russelville heretofore passed be and the same are hereby repealed: Provided, That nothing in this act shall be so construed as to authorize said corporation to exercise banking powers.