__________

AN ACT, to establish a road from McMurry's old saw mill on the shades creek in Jefferson County to Charles Mundine's in Shelby County.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That a public road from McMurry's old saw mill on the shades creek in Jefferson County including both banks of said creek, to Charles Mundine's in Shelby County be, and the same is hereby established.

SEC. 2. And be it further enacted, That Micajah Jones be, and he is hereby authorised, to lay out and open said road on the most eligible route which he can discover, Provided that he shall be authorised to make the said road or any part thereof, where the present road from Elyton to Montevallo now runs.

SEC. 3 And be it further enacted, That all lanes through which said road may run shall be kept open thirty feet wide and 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 as nearly as can be, and all sloping grounds and the banks of water courses shall be so worked upon, as to ensure the most safe and convenient passage for carriages, all swamps, marshes and creeks where it may be necessary shall be causewayed or bridged with good and durable timbers put together in a workmanlike manner, with ditches on each side of all causeways; and all


89

bridges and causeways on said road shall be at least twelve feet wide.

SEC. 4. And be it further enacted, That when the said Micajah Jones shall have completed said road, and reported the same to the Judge of the County Court of Shelby County it shall be the duty of said Judge to appoint three fit persons to examine said road and report its situation to the said Judge; for which services the said commissioners shall receive such sum (to be paid by said Jones) as the said Judge may direct.

SEC. 5. And be it further enacted, That should the said commissioners appointed by the fourth section of this act, report that the said road is in good order, then and in that case, the said Micajah Jones, shall be, and he is hereby authorised to erect a turnpike gate on said road, which gate shall not be within eight miles of Elyton and the said Micajah Jones shall be authorised to demand and receive the following rates of toll, to wit: for every wagon or four wheeled carriage fifty cents: for every two wheeled carriage thirty-one and a fourth-cents: for every man and horse twelve and a half-cents: for every loose led or pack horse six and one fourth cents for every head of sheep, cattle or hogs three cents; and if any person shall pass round said gate with intent to avoid the payment of toll, he, she or they shall for every such offence forfeit and pay to the said Micajah Jones treble the amount of his toll, to be recovered with legal costs before any Justice of the peace or if any person shall obstruct or injure said road by falling trees, or in any other manner, he, she or they shall forfeit and pay to the said Micajah Jones the sum of twenty dollars, to be recovered by warrant before any Justice of the peace of the county in which the offence may have been committed.

SEC. 6. And be it further enacted, That it shall be the duty of the Judge of the County Court of Shelby County when application may be made to him for that purpose, to appoint three fit persons as commissioners to examine said road and report its situation to said Judge, and if in the opinion of said commissioners the said road shall not be in good and sufficient repair the said Judge shall direct the turnpike gate to be opened, and no toll shall be received, under the penalty of twenty dollars for each offence, until the said commissioners or one of them shall certify to the said Judge that the said road is in good and sufficient repair.

SEC. 7. And be it further enacted, That this act shall continue in force for fifteen years from and after the passage thereof.

SEC. 8. And be it further enacted, That any damage sustained by any individual by reason of the passage of said road through their lands the same shall be paid by said Micajah Jones.

Approved, Jan. 15, 1828.

_________

AN ACT, to repeal in part an act passed March one thousand eight hundred and three, and re-enacted with amendments February one thousand eight hundred and seven.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly conven-

M


90

ed, That the seventh section of an act passed March, 1803, and re-enacted with amendments February 1807, entitled, an act for the settlement and relief of the poor, be, and the same is hereby repealed.

Approved, January 15th, 1828.

________

AN ACT, giving further time for filing county claims.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That persons holding claims against their respective counties in this State which have not been filed with the County Treasurer according to the existing laws on that subject have until the first day of December next to file such claims any law to the contrary notwithstanding.

Approved, January 15, 1828.

_________

AN ACT, to amend and explanatory of an act to authorise William H. Ragsdale and his associates to Turnpike a road therein specified, passed fourteenth day of January, 1826.

SECTION 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 fifth section of the before recited act as requires that said William H. Ragsdale and his associates to complete said road within two years from the first day of January one thousand eight hundred and twenty six, be and the same is hereby repealed, and that the said William H. Ragsdale and his associates have until the first day of January one thousand eight hundred and twenty nine to complete said road: Provided, that nothing herein contained shall be so construed as to prevent persons living on the old military road from the thirty mile post to the fifty six mile post on the same from travelling the same free of pikage- and provided, also, that the said military road shall be unobstructed by said Ragsdale and his associates between the points aforesaid.

SEC. 2. And be it further enacted, That William Patterson of Franklin and James Metcalf of Marion county be and they are hereby appointed commissioners whose duty it shall be, to measure, and examine as well the military road as the one cut out by said Ragsdale and his associates taking into view the goodness of the ground, and the convenience and accomodation of travellers, and report on oath to the county court of Marion county, which of the roads in their opinion will combine most of the advantages above enumerated, which shall be cutered on record in said court, which rout so selected shall be and remain, the said Ragsdale and associates turnpike road under the act referred to by this act, and in case said commissioners cannot agree in their selection, they shall call in Temple Sargeant to act with them in the duty hereby prescribed, and the said commissioners hereby appointed shall be entitled to, and receive the same compensation, and shall be paid in the same manner, as the commissioners appointed by the act mentioned herein.

Approved, January 3d, 1828.


91

AN ACT, authorising a lottery for the purpose of building an academy and Court House in the county of Henry.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That it shall be lawful for Bartlett Smith, James Bennet, Anthony McCullock, Josiah D. Cawthorn and Benjamin C. Landedale, or a majority of them who may take upon them the duties enjoined by this act, to raise by lottery in one or more classes as to them may seem necessary, any sum not exceeding five thousand dollars, to be appropriated exclusively to the building of an academy and court house in said county.

SEC. 2. And be it further enacted, That the said Bartlett Smith and his associates or a majority of such of them, as may choose to serve as managers, shall before they enter upon the duties hereby assigned them, give bond with sufficient security, payable to the governor for the time being, and his successors in office, before the Judge of the county court of Henry county, conditioned for the faithful performance of all the duties required of them by this act, which bond shall be filed by said Judge in the office of the clerk of the circuit court of said county, and may be put in suit from time to time until the whole is recovered in the name of the governor of the State of Alabama for the time being, by any person or persons who may be injured by a breach of any of the provisions of this act.

SEC. 3. And be it further enacted, That it shall be the duty of the said managers, or such of them as may choose to act under this law, within ninety days after the completion of the drawing of the lottery aforesaid, to pay to the fortunate drawers in said lottery, or to his, her or their legal representatives, such prizes as may be due; agreeably to the scheme they may have determined upon and published.

SEC. 4. And be it further enacted, That the said lottery shall be drawn at the present court house in Henry county, and that the said managers, shall give at least sixty days notice, in some newspaper printed in this state, and also in some one in the State of Georgia, of the time and place of such drawing, which shall be conducted in such manner, and under such regulations and responsibilities, as to the said managers may seem most expedient provided that each clerk, or other persons concerned in drawing said lottery, shall take an oath before some Justice of the Peace, faithfully and impartially to discharge their respective duties.

SEC. 5. And be it further enacted, That should the said lottery, or any class thereof, not be drawn within one year after the scheme thereof shall have been published, the same shall cease, and the purchasers of tickets may demand and receive of the managers any money paid for tickets in said lottery.

SEC. 6. And be it further enacted, That within ninety days after the lottery shall have been drawn, the managers acting under this act, shall give notice in some newspaper in this state, and also in some one in the state of Georgia, and at five of the most public places in the county, that the building of the


92

academy and court house will be let to the lowest bidder, who shall be the undertaker of said building, provided he shall give to the said managers good and sufficient security for the faithful performance of the contract; and the said managers shall be authorised to make to the said undertaker such disbursements, and at such times, as they may think proper.

SEC. 7. And be it further enacted, That a majority of the managers shall have power at all times to fill all vacancies that may occur by death, refusal to act or otherwise; and any person who shall have received such appointment, shall give bond, and be subject to all the provisions contained in this act.

SEC. 8. And be it further enacted, That the managers appointed by this act, shall erect the academy and court house at such place, as the Sheriff shall declare to have the highest number of votes, agreeable to a law passed at the present session of this General Assembly, locating the permanent seat of justice for Henry County.

Approved, January 15th, 1828.

_________

AN ACT, to compel Solicitors to reside within their respective Circuits.

SECTION 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 March next, it shall be the duty of the several Solicitors in this State to reside within the Judicial Circuits for which they may have been elected.

SEC. 2. And be it further enacted, That if any Solicitor fail to remove into and reside in his circuit as aforesaid, he shall vacate his said office, and it shall be the duty of the Judge residing in the circuit for which such Solicitor has been elected to notify the Governor of such nonresidence, who shall forthwith fill such vacancy: Provided, that twelve months be allowed any solicitor residing out of the circuit in which he holds his office, to remove into the same.

Approved, December 17, 1827.

_________

AN ACT, better to secure the benefit of the laws exempting certain property from execution to poor families of this State.

SECTION 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 all such property as now is, or hereafter may be exempt from Execution be and the same is hereby exempt from sale by an Executor or Administrator and that the family be suffered to retain the same any law usage or custom to the contrary notwithstanding.

Approved, Dec. 13, 1827.

_________

AN ACT, to authorize Isham R. Howze to bring to this State the Slaves of Susan B. Howze.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That Isham R. Howze Guardian of Susan B. Howze of


93

Madison County be, and he is hereby authorised to bring into this States the Slaves belonging to Susan B. Howze his ward, and hire them out for her benefit, any law to the contrary notwithstanding: Provided, That the said Isham R. Howze shall first give bond and security to be approved of by the Judge of the County Court of Madison County for the faithful performance of all the duties required by law as Guardian of the said Susan B. Howze.

Approved, Dec. 20th, 1827.

________

AN ACT, to alter the boundary line between the Counties of Shelby and Autauga.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That all that part of Autauga County contained within two miles in the northern parts of Townships twenty-two and Ranges fourteen and fifteen, be and the same is hereby added to and made a part of the County of Shelby.

Approved, Dec. 28th, 1827.

________

AN ACT, to provide for the support of Paupers, in the counties of Madison, Autauga, Tuscaloosa and Clark.

SECTION 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 several counties hereinafter named to wit, Madison, Autauga, Tuscaloosa, and Clarke, and they are hereby authorised whenever they or a majority of them shall deem it necessary to purchase and receive title to, any quantity of land not exceeding one quarter Section, which title shall be made to the Judge of the County Court, and his successors in office and shall vest in, and be the property of the county in which it lies.

SEC. 2. And be it further enacted, That said Judge and commissioners are authorised to contract for the building of all necessary houses for the purpose hereinafter mentioned and every thing else that is necessary to be done, the expences of which shall be paid out of the county Treasury of the county, and such place shall be denominated the Poor House.

SEC. 3. And be it further enacted, That whenever it shall appear to the county court that a person is a subject for public charity and support he she or they may if there be a poor house in their county order such person to be conveyed to the poor house of the county there to be taken care of and supported at public expence and said court is authorised to employ some suitable person to superintend and take care of all the poor of the county.

SEC. 4. And be it further enacted, That it shall be the duty of the Judge and commissioners to meet at the poor house at least once in three months or oftener if they or a majority of them think it necessary the time of such meeting to be appointed by them need not be periodical they shall examine the sit-


94

uation of the paupers and the conduct of the person employed to take care of them and shall have power to dismiss such person at pleasure and they shall have power to make such rules and regulations as to them may seem proper.

SEC. 5. And be it further enacted, That at the first court to be holden by the Judge and commissioners after the first day of March next they shall appoint two persons in each captains beat who shall act as overseers of the poor whose duty it shall be to report to each county commissioners court what persons are within the limits of their beat proper subjects for public support, whereupon the court shall enquire into the fact of the case, and order them to be conveyed to the poor house, and when vacancies occur by death or otherwise they shall be filled by the Judge and commissioners.

SEC. 6. And be it further enacted, That the Judge of the county court shall take bond and good security from the person employed to superintend the poor conditioned, for the faithful performance of his duty in such penalty as he may require, which shall not be void on the first recovery, but may be sued on as often as the Judge and commissioners shall be of opinion that the conditions have been broken, and the Judge and commissioners shall have power from time to time to make such rules and regulations for the support of the poor at the poor house as to them may seem to comport with their comfort and the economy of the funds of the county.

SEC. 7. And be it further enacted, That this act shall take effect from and after its passage and all acts and parts of acts Repeal contrary to the provisions of this act, be and the same are hereby repealed.

Approved, January 7, 1828.

_________

AN ACT, to authorise Ansel Sawyer to erect a Mill on Coosa river.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That Ansel Sawyer be and he is hereby authorised to build a water Grist Mill at and upon the three Island shoals on Coosa river, in the County of Shelby; with power to raise a dam of such height as will provide a sufficient quantity of water for the use of the same; Provided, That he shall not at any time obstruct the navigation of said river thereby.

SEC. 2. And be it further enacted, That if the said Ansel Sawyer or any person claiming through or under him, shall at any time obstruct the navigation of said river with any dam or dams, which he, she or they may erect on said river, for propelling the machinery of said mill, 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 said County and the other half to the use of the party or parties aggrieved.

Approved, Dec. 20th, 1827.


95

AN ACT, to authorise the Commissioners of the sixteenth section of the first Township and eighth Range west of the meridian of Huntsville, situated in the County of Lauderdale, to lease said section for ninetynine years renewable forever.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That there shall be elected by the qualified electors within the limits of the first Township and eighth Range west of the meridian of Huntsville situated in the County of Lauderdale three commissioners who shall hold their appointment for and during the term of three years from the date of their respective elections, which election shall be holden by a Justice of the Peace and two free holders or house holders as he may appoint, said Justice of the peace giving at least ten days notice of said election by advertisement set up at three of the most public places in said Township.

SEC. 2. And be it further enacted, That it shall be the duty of the Justices of the peace at the expiration of each and every term of three years to hold an election for three commissioners as prescribed in the first section of this act.

SEC. 3. And be it further enacted, That it shall be the duty of the Justice of the peace when ever any vacancy occurs in the aforesaid board of the commissioners by death, resignation, removal or otherwise immediately to notify the citizens of the Township or the same, and proceed to fill such vacancy agreeable to the provisions of the first section of this act.

SEC. 4. And be it further enacted, That the board of commissioners as soon as practicable shall with the assistance of a skilful surveyor to be by them appointed who shall act under their directions and instructions proceed to lay out the section No. sixteen in said Township or such part thereof as they may deem expedient into lots containing such quantity of land as they may think best for the interest of the citizens for the promotion of education and make out a plat of such survey for the inspection of all persons concerned.

SEC. 5. And be it further enacted, That the board of commissioners aforesaid shall from time to time offer said lots of land at public auction to the highest bidder for ninetynine years renewable forever, payable in the following manner viz: one half of the purchase money to be paid in four equal annual installments secured by bond and sufficient security; the other half to remain in a funded debt upon which lawful interest shall annually be paid by the purchaser for the ninetynine years and until paid

SEC. 6. And be it further enacted, That the said lot or lots of land together with any and all improvements which may have been made thereupon shall at all times be held by said board of commissioners in security for the payments of the interest on the same.

SEC. 7. And be it further enacted, That the said board of commissioners are hereby authorised and required to issue certificates to the person or persons who shall have leased as aforesaid, any lot or lots of land of said commissioners describiing the said lot or lots of land by huts and bounds setting forth


96

the facts in the case and securing the title or peaceable possession of the same for and during the time agreeable to the conditions in this act expressed which certificate shall be admitted to record as other deeds or conveyances of land are in this State and permitted to be read as evidence in any court of record in this State or in any of the courts of the United States.

SEC. 8. And be it further enacted, That should any purchaser of any lot or lots of land as aforesaid their heirs assignees of such purchaser fail to make punctual payment of the amount of principal or of interest which may have become due, then and in that case it shall and may be lawful for said commissioners on the return of any execution or executions which may have been properly issued for the collection of the same no property found forthwith to levy on and advertise the aforesaid lot or lots of land for which said bonds were given together with such improvements if any may have been made giving the notice which by this act is required, and proceed to offer the same to lease for such time as will discharge said debt interest and cost, at the expiration of which time the said lot or lots of land and such improvements as shall or may be thereon shall be returned to the original purchaser his heirs or the assignee of either.

SEC. 9 And be it further enacted, That it shall be the duty of the said commissioners and they are hereby required to enter into bond with security to the Judge of the County Court or his successors in office for the benefit of the citizens of said Township, conditioned for the faithful discharge of their duty and the faithful application of the aforesaid funds as by this act contemplated to be raised.

SEC. 10. And be it further enacted, That this act shall take effect from and after the passage thereof.

Approved, December 13th, 1827.

____________

AN ACT, to provide for the payment of certain expences therein mentioned.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the several witnesses who were summoned to attend the investigation of the official conduct of the Honorable Abner S. Lipscomb, at the present session of the General Assembly, shall be authorised and entitled to receive milage at the rate of six cents per mile for each and every mile he or they may have travelled in going to Tuscaloosa, pursuant to the summons served, on him or them, and for returning home, together with a per diem allowance, of two dollars to be computed from the time at which he, or they may have arrived at the seat of Government, to the time at which they were discharged by the committee of this House. And that the messenger appointed by this House to summon witnesses and attend the committee, be allowed mileage at the rate of six cents per mile, for each and every mile he may have travelled, in executing the precepts of the committee, together with a per diem pay of four dollars, for each, and every day he


97

was employed by the committee and that the Secretary of the said committee, shall be entitled to receive the sum of five dollars for each and every day he was employed in the business of said committee. Provided however he shall receive no compensation as a witness in said cause which said sums of money shall be paid on the certificate of the Chairman of said committee, out of any monies in the Treasury not otherwise appropriated.

Approved, January 15, 1828.

____________

AN ACT, to revive and continue in force an act passed the 31st day of December, one thousand eight hundred and twenty-two, entitled An Act, to Incorporate the town of Jonesborough in the county of Jefferson.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly Convened, That An Act passed the thirty-first day of December in the year of our Lord one thousand eight hundred and twenty-two entitled An Act to Incorporate the town of Jonesborough in the county of Jefferson be, and the same is hereby revived.

SEC. 2. And whereas the act hereby revived does not define the boundaries or prescribe limits to said town therefore: Be it further enacted, That the corporate authority of said Town shall extend over and comprehend the quarter section of land on which said Town of Jonesborough is situated, and. that John B. Ayers, John Thomas and Armstead Murphy are hereby appointed managers to hold an election for trustees as provided for in the act hereby revived.

Approved, December 28, 1827.

___________

AN ACT, to amend an act to regulate the licencing of Physicians to practice and for other purposes, Approved December 22, 1823.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the place for holding the Medical Board for the District of Cahawba, be and the same is hereby permanently established at Selma.

SEC. 2. And be it further enacted, That the money arising from the examination of applicants for licence to practice medicine be, and the same is hereby applied as a compensation to the members composing said board for their services.

SEC. 3. And be it further enacted, That hereafter the board shall receive the following fees as a compensation for their services, for each examination five dollars; for each diploma five dollars.

SEC. 4. And be it further enacted, That the provisos to the seventh section be and the same are hereby repealed.

SEC. 5. And be it further enacted, That hereafter when any vacancy may happen in any of the boards by death or otherwise, a quorum may fill the vacancy until the meeting of the next General Assembly, when such a vacancy shall be filled by a joint vote of both Houses.

N


98

SEC. 6. And be it further enacted, That all acts contrary to the provisions of this act be and the same are hereby repealed.

Approved, January 15, 1828.

____________

AN ACT, to authorise James Thompson, and his associates to open a Turnpike Road therein named.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened That James Thompson 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 ground, the sloping ground and banks of water courses shall be so worked on as to insure the safe and easy passage of horsemen and carriages of every description; all marshes, swamps and creeks shall be causewayed or bridged with good durable materials, put together in a suitable workman like manner, with ditches on each side of causeways if necessary, the bridges and causeways shall be twelve feet wide with good substantial railing to the bridges.

SEC. 2. And be it further enacted, That when the said James Thompson 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 suitable persons to examine said road and report their opinion to said Judge, and the said commissioners shall receive for their services such compensation as said Judge shall deem reasonable to be paid by the said James Thompson and his associates.

SEC. 3. And be it further enacted, That should the said commissioners appointed by virtue of the second section of this act, report that said road is in good order, then and in that case the said James Thompson and his associates are hereby authorised to erect a turnpike gate at some convenient place on said road on any part of the said road in Jefferson county not within five miles of the House of William R. Sadler 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, fifty cents; for every two wheel carriage twenty-five cents; for every man and horse twelve and a half cents; for every loose or led horse, six and a fourth cents; for every head of neat cattle, two cents; for every head of sheep goats or hogs one and a half 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 James Thompson and his associates, triple, the amount which his or her toll would have been, to be recovered before any Justice of the Peace in Tuscaloosa, Jefferson or any other county in the state where process can be served on the defendant or defendants with legal cost for the same.


99

SEC. 4. And be it further enacted, That it shall be the duty of the Judge 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 Judge; and if in the opinion of the 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 James Thompson and his associates shall have all the benefits and profits arising from the tolls for the period of eighteen years from the passage of this act. Provided, that said road shall be commenced within six months from and after the passage of this act, and completed within two years thereafter.

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, January 15th, 1828.