AN ACT for the relief of Andrew O. Horn.
Whereas it has been made apparent to the Legislature of the State of Alabama that Andrew O. Horn while assessor and tax collector for the county of Lawrence received in payment a note upon the bank of the State of South Carolina for the amount of one hundred dollars and paid the same into the Treasury of said county, which said note has since been ascertained to be a counterfeit.
SECTION 1. Be it therefore 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 said county of Lawrence be, and they are hereby authorised to levy an additional a-
mount of one hundred dollars on the taxes of said county for the year one thousand eight hundred and twenty eight which when collected shall be paid over to the said Andrew O. Horn: Provided, that nothing in this act shall be so construed as to authorise the levying said tax if said commissioners of roads and revenue think it unjust, for the county to pay the same.
AN ACT, to amend the act incorporating the town of Athens.
SECTION 1. Be it enacted by the Senate and House of Represetatives of the State of Alabama in General Assembly convened, That the inhabitants of the town of Athens in Limestone county shall be and continue a body politic and corporate by the name of the Mayor and Aldermen of Athens; and by that name may purchase, receive, hold or let, sell, grant, alien or assure property, real and personal, and sue and be sued and do any other act as a natural person, and may have a seal, which may be changed at pleasure.
SEC. 2. And be it further enacted, That the present limits of said town be continued and that hereafter the corporate jurisdiction rights privileges duties and restrictions hereby given or herein contained shall arise exist and extend in and over the present limits of said town.
SEC. 3. And be it further enacted, That said corporation shall consist of a Mayor and Aldermen, or seven members who, in the first instance, shall be elected on the first Monday in March next, and annually thereafter on the first Monday in January by ballot, by the free white male citizens within the aforesaid limits of the ages of twenty-one years, who shall each so elected a certificate of the fact; and thereupon they shall present their certificates to the Judge or Clerk of the county court of said county, and before him take the oaths prescribed for civil officers of the State and an oath to perform the duties on them imposed by this act without favor or partiality, of which qualification a record shall be made in the office of said county court; and the Aldermen so qualified shall elect by ballot one of their number to be Mayor during their term of service; who shall before the said Judge or Clerk take an additional oath to perform without favor or partiality the duties of Mayor, of which a like record shall be made. If said Sheriff
fail to hold such election he shall advertise in three public places of said town another day for holding the same, not above thirty days next after the regular day, and on such other day shall open and hold an election in the manner aforesaid, and if during their term any one of the Mayor or Aldermen die, remove, refuse wholly to act, or be disabled from acting the other Aldermen shall by ballot elect another in his stead, whose qualification shall be as above described, the office of Aldermen or Mayor shall alone be filled by a freeholder residing within the corporation and if any one or more who shall be elected Aldermen shall refuse to qualify the said Sheriff shall give notice for and hold an election to supply the vacancy as above provided.
SEC. 4. And be it further enacted, That a constable of the corporation shall be elected annually or at the time when Aldermen shall be, to serve for and during one year and untill a successor shall be qualified; and if he refuse to qualify, or die, remove, or after qualifying refuse wholly to act, or become disabled permanently to do so, the vacancy shall be filled in the manner provided for vacancies in the preceding section.
SEC. 5 And be it further enacted, That the Mayor and Aldermen shall have power to appoint a clerk to continue in office during good behaviour, subject however to be removed by the Mayor with the concurrence of three fourths of the Aldermen in office; and to appoint an assessor and collector of taxes, Treasurer and any other officer who may become essential to the maintenance of a good police, to continue in office untill the next annual election of Aldermen and until a successor be qualified, and the Clerk, Assessor, collector, Treasurer and Constable shall before the Judge or clerk of said county court take each an oath well truly and faithfully to perform the duties of his office, of which also record is to be made; and the said collector, Treasurer and Constable shall each before the clerk of said county court enter into bond with security to the Mayor or his successors in the penalty of two thousand dollars with condition to discharge all the duties of his office truly and faithfully; on which bond suit and recovery may be had in any court having jurisdiction thereof in the name of the Mayor or his successor for the use of the corporation or person injured; and said bond shall remain as a security for other breaches of its condition.
SEC. 6. And be it further enacted, That the said Mayor and Aldermen shall have power to pass all regulations and ordinances for the common good of the corporators which may be compatible with the constitution and laws of this state and with this act; to prevent and remove nuisances; to prevent the introduction of contagious or infectious diseases within the town; to provide places for the reception of the sick; to erect a hospital or any other buildings or works for the use of the town, and to that end to join with the county of Limestone in any such erections and to contract or agree with said county or the commissioners or competent authorities thereof for the privilege or right of or in the corporate limits of said town to
erect and continue such hospital or other buildings of works and to accept any grant or conveyance from the said county commissioners or authorities; to erect camps; to provide night watches and patrols; to erect and repair bridges; to open all necessary streets avenues and drains to keep them in repair; to establish fire wards and fire companies and provide for the prevention and extinguishment of fire to regulate fences and determine by whom they shall be made and kept in repair; to restrain and prohibit nightly and other meetings or disorderly assemblies of slaves free negroes and mulattoes and other knavish and disorderly persons; to restrain and prevent trading with slaves; to provide for regulating and licensing hawkers, pedlars and retailers of spirituous liquors within the corporate limits, or for annulling and prohibiting the same and concerning them to have and exercise the exclusive power of granting licenses, reserving to the State and county aforesaid the taxes by the laws of the State imposed to be collected from such hawkers, pedlars or retailers as the said Mayor and Aldermen may license; to license regulate and restrain theatrical or other exhibitions for money whether of animals, figures, horsemanship, activity legerdemain, or of whatsoever character kind or name; to restrain and prohibit gambling; to impose and enforce appropriate forfeitures or penalties, not exceeding in any case the sum of fifty dollars, for obstructing the streets, avenues &c. or injuring the corporate buildings or works, or pedling or retailing without license; and in general to impose and enforce appropriate fines forfeitures or penalties for the non performance or the violation of their ordinances, so that in no case the same exceed the sum of fifty dollars, such fines &c. to be recovered by and in the name of the Mayor and Aldermen and applied to the use of the corporation.
SEC. 7. And be it further enacted, That the Mayor and Aldermen shall have power to lay a tax on all property within said town that may be by the laws of the State made taxable not exceeding twenty-five cents on every hundred dollars worth of such property, and the poll tax not to exceed the poll tax laid by the State; Provided, that the same be laid according to an assessment and valuation of the property taxed, to be made by the assessor in conformity with the regulations the said Mayor and Aldermen may ordain for such assessment and valuation: and the said Mayor and Aldermen shall prescribe the mode and time of collecting the said taxes, and also any speedy and summary remedies by motion before the Mayor against the officers of the corporation for the non payment of taxes or other monies collected or receive or for other delinquencies in office; which remedies may extend to the securities of such officers; and upon the judgment of the Mayor in any such case proofs of execution may be issued by the Mayor and have the force and effect of an execution from any of the circuit courts of this State, the free white male inhabitants within the incorporate bounds who otherwise by the laws of the State would be subject to work on roads, cause ways &c shall be exempted from any such service beyond said
bounds, but within the same shall be liable to personal labor upon the streets, bridges, causeways, drains &c. as well to erect or open as to repair the same, or to such pecuniary equivalent as by ordinance may be prescribed.
SEC. 8. And be it further enacted, That the clerk shall be furnished suitable books, and shall, in one of them, in a fair hand, enter the proceedings orders regulations and ordinances of the board, which, prior to each of its adjournments shall be read to the board and signed by the Mayor; and the same shall have the force of a record and a copy therefrom certified by the clerk, be prima-facia evidence in any court of record or elsewhere; and such record shall at all times be open for inspection. In another of said books the clerk shall enter proper alphabetical lists of the citizens as subject to corporate burthens or duties therein noting the dates of settlement, death, removal or other change or circumstance affecting the corporate relation of the citizens; and therein he shall enter a general account of the settlements with the collector, Treasurer and other officers so as to exhibit at the end of each year a condense but clear expose of the corporate funds; a copy of which for each year, or an abstract therefrom, shall in the mouth of December be published in some newspaper of the town if one be published in the same. In another book the clerk shall keep a docket of all causes instituted before the Mayor as such or as a Justice of the peace, showing the same in the order in which they shall be instituted and nothing or indexing the orders and judgements &c. therein; and in another book he shall keep a minute or record of the orders, judgements &c in said causes and shall keep and preserve in regular files as well the papers in such suits as all others belonging to the board; and all of the records books and papers aforesaid shall be open for public inspection. In the docket the clerk shall note the dates of the issuance and delivery of original and final process and to whom delivered and the returns thereon or the substance thereof; and for all his books make full indexes.
SEC. 9. And be it further enacted, That the duties and liabilities of the assessor, collector and Treasurer as well as the liabilities or any further duties of the clerk shall depend upon the ordinances of the board; that the constable shall possess the powers, rights and fees within the incorporate limits and in pursuance and execution of this as possessed by constables under the laws of the State, and shall execute the orders notices and process of the board to him directed or delivered for that purpose and all warrants and precepts and process from the Mayors court; being subject to the liabilities and remedies which the board by its ordinances as aforesaid may prescribe.
SEC. 10. And be it further enacted, That the Mayor and Aldermen may by ordinance allow to the constable additional compensation for services not in the ordinary line of a constable and for which no specific fees are allowed; they may likewise by ordinance fix from time to time reasonable salaries or compensation to the clerk, assessor, collector, Treasurer or other officer, and in the absence of the Mayor at the last meet-
ing of their term the Aldermen may if they deem it proper make a reasonable allowance to the Mayor for extraordinary services during the preceding year.
SEC. 11. And be it further enacted, That a majority of the Mayor and Aldermen, in all cases, except such as are herein excepted, shall constitute a quorum to transact the business of the board; they may fix their own session; and at any time a special session may be called by the summon of the Mayor at his own option or at the request of any two of the Aldermen.
SEC. 12. And be it further enacted, That the Mayor shall possess within the incorporated limits all the powers and jurisdiction of a Justice of the peace in civil and criminal cases and be subjected to all corresponding duties and responsibilities; and for his services in such cases shall be entitled to the fees allowed by law to a Justice of the peace, and therein his signature or act as Mayor shall be of equal force as if done by him expressly as a Justice. He shall moreover have exclusive original jurisdiction to hear adjudge and determine all prosecutions, controversies or matters arising out of the orders, regulations and ordinances of the board, such as the fines, forfeiture and penalties inflicted, and the summary remedies to be given against the officers of the corporation; Provided the sum in question do not exceed fifty dollars; and from his decision or judgment in any case of either branch of his jurisdiction the party desiring it may have an appeal or certiorari in order to have a new trial in the county or circuit court of said county under the rules and restriction prescribed by the laws of the State for an appeal or certiorari from the judgement of a Justice of the peace.
SEC. 13. And be it further enacted, That in all cases wherein the constable may be a party the Mayor in such cases shall direct the process to some other person to execute, and that the Mayor and Aldermen, if necessary, may cite the clerk, assessor, collector, Treasurer or constable or other officer to appear before them at a day named to answer for delinquency or malconduct in office; and Provided threefourths of the Mayor and Aldermen in office concur such officer may upon examination be removed, and the vacancy for the residue of the term shall be supplied by the board.
SEC. 14. And be it further enacted, That the said Mayor and Aldermen shall have power to establish a primary school or schools for the tuition of all the free white children of the corporation, to be under the guardianship of the said corporation; to employ the proper teachers; and if necessary for the establishment and continuance thereof the said Mayor and Aldermen shall have the power of increasing the taxes which they are hereby allowed to assess and collect provided such increase or additional tax do not exceed one fourth of the general maximum of the tax herein before authorised and provided moreover that such school or schools shall be open for the tuition free of charge of all the free white children of said corporation.
SEC. 15. And be it further enacted, That all laws contravening the provisions of this act be repealed; and that this act be in force from and after the passage thereof.
AN ACT, to authorise John Smith of Jefferson county to emancipate a certain slave therein named.
SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That John Smith of Jefferson county be, and hereby is authorised to emancipate a certain negro man slave named Sam, about twenty-eight years of age.
SEC. 2. And be it further enacted, That the said John Smith, before he shall be entitled to the benefit of this act, execute his bond with two securities to be approved by the Judge of the county court of said county, in the sum of one thousand dollars, payable to the Governor of the State of Alabama for the time being, and his successors in office, conditioned, that the said slave Sam, shall within six months after the passage of this act be removed beyond the limits of this State, never to return.
AN ACT for the relief of Wyatt Cheatham.
Whereas by an act of incorporation of Wyatt Cheatham's turnpike road, said Cheatham is required to bridge the Sypsey fork of the Black Warrior river, Lost creek and such other streams as may enable travellers to pass said road; and whereas in laying out a road through an unsettled country it may frequently become necessary to change the same, to place it upon better ground and to shorten the distance, which would render bridges useless; Therefore,
SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That Wyatt Cheatham be allowed two years after the erection of his gate, to bridge such creeks as may be necessary, except Sypsey river, and a creek called Black-water.
SEC. 2. And be it further enacted, That when said Cheatham has put his road in such repair as is required by law to enable him to erect a toll gate, he is hereby authorised to put up two gates, and each and every person travelling the road paying at one gate, it shall be the duty of the keeper of such gate to give a ticket which shall enable such person or persons to pass the other gate toll free; Provided, that the said Wyatt Cheatham shall otherwise put his road in as good repair as is required by the law authorising him to open said road; and Provided further, that nothing herein contained shall in any way impair any rights or exemptions extended to the citizens of Tuscaloosa and Walker counties secured to them by the acts of which this is an amendment.
AN ACT, to amend an act entitled an act to Incorporate the Town of Moorsville; and for other purposes passed the sixteenth day of November eighteen hundred and eighteen.
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 in the town of Moorsville in the county of Limestone, by the qualified electors residing within said town, a Justice of the Peace, and a constable on the first monday in February next, who shall hold their office three years from the date of their commission: Provided, they shall be on the day of their election, and continue to be, resident citizens of said town, and shall comply with all the requisitions of the law as other Justices and Constables are required to do.
SEC. 2. And be it further enacted, That such Justice of the Peace and Constable so elected shall be commissioned as other Justices and constables are, and shall have the same powers and receive the same emoluments that other Justices and constables are or may be entitled to, for similar services; and in addition thereto, the said Justice shall be by virtue of his office of Justice as aforesaid, the President of the trustees of the said town of Moorsville, and shall have full power to do and perform all the duties required to be done by the President of the trustees of said town and the said constable shall do and perform all the duties of constable of said town.
SEC. 3. And be it further enacted, That when any vacancy shall occur in the said office of Justice of the peace or constable, either by death, resignation, refusal to serve, removal without the limits of said town or in any other way it shall be lawful to fill such vacancy by an election by the qualified electors residing within said town, on giving five days notice by advertisement put up at some public place in said town, which said election prescribed in the first section of this act, and that prescribed in this section to fill vacancies shall be held by any two free holders or house holders is said town: or by the captain of the beat in which said town is situated and if the election mentioned in the first section of this act should not be held on the first Monday in February as therein required the same may be held at any subsequent day on giving the notice required by this section to fill vacancies.
SEC. 4. And be it further enacted, That the said Justice and constable, elected in pursuance of this act shall be subject to the same penalties, and to be proceeded against in the same way that other Justices of the peace and constables are, for similar derelictions of duty.
AN ACT for the relief of William Jones of Walker county and the descedants of Joseph Elliot of Jackson county.
SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That William Jones of Walker county a remote discendant
of a tribe of Indians, be and he is hereby invested with all the privileges, immunities and liabilities of other citizens of this State.
SEC. 2. And be it further enacted, That the descendants of the said William Jones be, and they are hereby invested with the same privileges, immunities and liabilities to which the descendants of free white citizens of this State are entitled or subject to, any law to the contrary notwithstanding.
SEC. 3. And be it further enacted, That the descendants of Joseph Elliot of Jackson county, be and they are hereby entitled to all the rights and privileges of citizens of this State; so soon as the said descendants shall make it appear to the satisfaction of the Judge of the county court of Jackson county that they are not barred by the constitution of this State whose duty it shall be to enter the same of record and give said descendants a certificate of the same.
AN ACT, to incorporate the Town of Tuscaloosa and so repeal an act incorporating said town, passed the thirteenth December eighteen hundred and nineteen.
SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the tract of land included within the following boundaries, to wit, within the south fractions of sections No. fifteen and twenty-two, Township No. twenty-one Range No. ten, west, in the northern division of the public lands of this State, including the whole of the Tuscaloosa river opposite said fractional sections; to its northern bank, shall be designated by the name of the town of Tuscaloosa, and the citizens residing within the limits of said town as hereby established, shall be and they are hereby constituted a body politic and corporate by the name and style of "the Mayor and Aldermen of the Town of Tuscaloosa," and by their said corporate name and style they may sue and be sued, plead and be impleaded, either at law or in equity, and may grant, receive and do all other acts as natural persons and may purchase and hold personal and real property to any value not exceeding at any one time the sum of fifty thousand dollars, and dispose of the same for the benefit of said town only, and may have and use a corporate seal which they may alter at pleasure.
SEC. 2. And be it further enacted, That the said corporation shall elect a board, to be denominated the Mayor and Aldermen of the town of Tuscaloosa, which board shall consist of seven members, residents of said town, over the age of twenty-one years and each of whom shall be possessed of a free hold estate within the limits of said town; and the said seven members shall be elected annually by ballot, in a general ticket by the free white male inhabitants of the age of twenty-one years, being free-holders within the town, or having resided twelve months and paid taxes, therein; of which seven members, one shall be chosen Mayor as hereinafter provided, and the other six be Aldermen of said town "The
President and commissioners, of the town of Tuscaloosa," who may be in office when this act shall go into operation, shall hold the first election for the said seven Aldermen at the Union Hotel in said town, on the first Monday in February next under the same restrictions, rules and regulations as elections for town commissioners have heretofore been holden; whose certificate, being filed with the clerk of the existing corporation, stating the number of votes taken and what seven persons received the highest number of votes at said election of Aldermen shall be evidence of who are elected Aldermen of said town for the ensuing year; and in case any two persons may receive the same number of votes at said election the President of said board of commissioners, shall give the casting vote and decide which of the two shall be elected Alderman; and all elections of Aldermen subsequent to the first, shall be holden by the Mayor, hereafter provided to be chosen, and at least two Aldermen, at some convenient and public place within the town, whose certificate as aforesaid, filed in the office of the clerk of the corporation, shall be evidence of who may have been elected Aldermen, and in case of any two receiving the same number of votes for Aldermen, said Mayor and Aldermen holding the election shall by ballot among themselves, give the casting vote. And the said Mayor and Aldermen are hereby empowered to suppress any riot or disturbance, created at any election hereby authorised by the commitment to jail for any time not exceeding twelve hours of any rioter or disturber, and also may commit to jail as aforesaid at any time any person or persons who may disturb the peace, tranquility and good order of any inhabitant or inhabitants of said town. And the said persons hereby authorised to hold the aforesaid elections, shall give at least ten days notice thereof, by advertisement in a newspaper of said town, or posted up at three public places therein; and said elections shall hereafter be holden annually on the first Tuesday in January, the polls to be opened at 10 o'clock A. M. and closed at three P. M. at each election; and the seven Aldermen so elected annually, shall at their usual place of meeting, on the next day after their election, choose, viva voce, from among their body, by a majority of votes, a Mayor for the ensuing year, who shall preside and preserve order at all meetings of said Mayor and Aldermen, and during his absence or incapacity any other member of the board of Aldermen may be called to the chair. Four Aldermen shall constitute a quorum to do business, and in case of death, continued absence for four months or removal of any person elected an Alderman under this act an election in the mode prescribed, shall be holden to supply the vacancy, and within three days subsequent to each election for Aldermen, and before he enter upon the discharge or performance of any duty hereby, or which may hereafter be, required of him as Alderman, each person elected as above an Alderman for said town, shall take the following oath, before the Judge of the county court or some Justice of the peace, of said county to wit: I ________
do solemnly swear (or affirm as the case may be) that I will well, truly and to the best of my knowledge and ability, execute and discharge the duties of an Alderman of the town of Tuscaloosa, as prescribed by the laws in force relative to the corporation of said town, without favour, affection or partiality so help me God.
SEC. 3. And be it further enacted, That the said Mayor and Aldermen or a majority of them, shall have power to adjourn their meetings from time to time; Provided, the Mayor may at any time call a meeting of the Aldermen by written notice, designating the time and place of meeting. They shall keep a journal of all their proceedings and record all their official acts and doing, and the yeas and nays on any question that arises shall be recorded when requested by any one member and all deliberations of said Mayor and Aldermen shall be in public.
SEC. 4. And be it further enacted, That the said Mayor and Aldermen shall have authority to enact by-laws and ordinances, to prevent and remove nuisances, to establish night watches or patrols, and to erect lamps, to regulate the paving or flagging, guttering and railing the sidewalks, to protect by adequate penalties the shade and ornamental trees of said town, to provide for licensing and regulating retailers of liquors within the limits of the corporation: Provided said retailers shall have obtained licences from the county court, and to provide for annulling said licenses on good and sufficient complaint being made against any person holding such license: to provide for regulating wagons, carts, drays or other carriages and for licensing the same; for restraining or prohibiting gaming, for licensing and taxing all kinds of shows theatrical performances and other exhibitions for money or pay of any kind, within the corporation; to regulate and establish markets, rent out stalls and prevent the selling of meat, poultry, fish, game, vegetables or other articles usually sold at market houses, except at the public market, and to punish forestalling, to keep in repair all streets, drains and landing and to pass regulations for putting and keeping the same in repair; to establish and regulate fire-wards and fire companies, to require owners of houses to keep fire buckets to provide for furnishing the town with water for the suppression of fire, by wells, pumps, aqueducts or such other means as they may deem most expedient, to enact by-laws for the prevention and suppression of fire by pulling down buildings or fences to extiguish the same; to impose appropriate fines, penalties and forfeitures for the breach of their ordinances or by-laws, not exceeding twenty dollars for any one offence, recoverable with cost in the name of "the Mayor and Aldermen of the town of Tuscaloosa, "for the use of said town; before the Mayor thereof, for which suit may be commenced by warrant returnable forthwith; to cause all vagrants idle disorderly persons, persons of evil life or ill fame, and all who have no visible means of support, or who may be likely to become chargeable to the town as paupers, or who may be
found habitually drunk in or about the streets or loitering about tippling shops and houses, or any who cannot give a good account of themselves or who may be grossly indecent in language or behavior, publicly in the streets, to be apprehended and to compel them to give security for their good behavior for a reasonable time, and in case of neglect, inability or refusal so to do, to put them to labor for a term not exceeding five days or in prison for a time not exceeding twelve hours, for any one offence, at the discretion of the said mayor and Aldermen;to license bakers and regulate the weights and price of bread; and generally, to enact all such by-laws and ordinances for the good order and government of said corporation as the said Mayor and Aldermen may deem expedient; so that they or either of them, are not repugnant to the Constitution and laws of this State or those of the United States: Provided that all by-laws and ordinances shall be subject to repeal by the Legislature of this State, and that nothing herein contained shall be construed to prevent appeals in all cases to the circuit or county courts, in the same manner and under the same rules and regulations as appeals are taken from judgments of Justices of the peace: Provided, That wagons, carts and drays, receiving and delivering loads within the said town, and hired for that purpose, shall not be taxed for want of license more than twelve and a half cents for each load; and those loaded in said town, to be delivered without the corporation thereof, and those delivering loads that may be received out of said town, shall not be taxed.
SEC. 5. And be it further enacted, That the Mayor, before he shall enter upon the duties of his office, shall take an oath or affirmation, before the Judge of the county court, or some Justice of the peace, of the county, in presence of the board of Aldermen "lawfully to execute and discharge all the duties of his office faithfully, to the best of his judgment and ability and without favor or partiality." The Mayor shall nominate and with the advice and consent of the Aldermen, appoint such officers as said Mayor and Aldermen may deem necessary for the good government of said corporation and allow them respectively such compensation for their services as may be deemed reasonable and just by said Mayor and Aldermen and any such officer may be removed from office on the concurrence of two thirds of the Aldermen; the Mayor shall see that the bylaws are duly executed and shall report the negligence or disobedience of any officer, to the board of Aldermen.
SEC. 6. And be it further enacted, That said Mayor and Aldermen shall have power to raise annually by tax a sum of money not exceeding twenty-five cents on the hundred dollars worth of such real and personal property as may be liable to taxation; also they may levy annually and collect a poll tax in said town not exceeding the state poll tax: Provided the tax upon real and personal property be laid in proportion to the value thereof, according to an assessment and valuation made by three discreet persons, appointed therefor as assessors by said Mayor and Aldermen of each year and should any person
believe their property too highly assessed, he or she shall have leave to complain to the Mayor and Aldermen, who shall take the said complaint under their consideration and if they believe it to be well founded, shall reduce the assessment complained of, to a reasonable amount, and their decision on the subject shall be final, and if any owner or person having charge of property which may be as assessed, shall fail, neglect or refuse to pay the tax thereon, if the same be personal property, it may be sold in ten days to pay the tax, under such restrictions and by such person as may be designated by ordinance of said corporation, if real estate, the Mayor of Aldermen may cause it to be sold at public sale, on giving sixty days notice thereof in some newspaper of the town; and should a balance be left of the money for which any property may be sold as aforesaid, after paying off the taxes and charges of sale, it shall be paid over to the owner of such property or his legal representative; and the Mayor and Aldermen are hereby authorised to transfer and legally convey all and any property which may be sold under the provisions of this act and for the purposes aforesaid, to the purchaser or purchasers thereof, and by said transfer and conveyance all the right, title and interest of the owner or owners thereof shall vest in the purchaser or purchasers: Provided, that if the owner or owners of any real estate so sold, or their or either of their heirs or assigns, shall, within one year from the day of said sale, pay to the purchaser or purchasers thereof, the amount for which said property sold, with fifty per centum thereon, the sale so made, shall be void, and the right to the real estate so sold, shall revert to the former owner or owners thereof or to their, or either of their heirs or assigns. And provided further, that in no case shall personal or real property be sold to pay the taxes assessed by the said corporation, unless the tax collector thereof has made a demand of said taxes of the owner of such property, or his agent, or the person liable to pay the same, if he or they reside within said corporation.
SEC. 7. And be it further enacted, That the Mayor and Aldermen shall lay off the said town into wards and appoint the necessary overseers of the streets, highways and public landings of said town and shall require and regulate the working on the same, not exceeding ten days in each year; and may exempt, at their discretion, from working on said streets, highways and public landings all inhabitants liable by law to work on roads on highways, by laying an additional poll tax not exceeding five dollars per head on each one liable to work, the payment of which shall be in lieu for the personal service of those paying the same.
SEC. 8. And be it further enacted, That all acts and parts of acts contravening the provisions of this act, be and they are hereby repealed: Provided, however, and it is hereby expressly declared, that all rights, privileges and immunities heretofore and now possessed and enjoyed by the President, Commissioners &c. of the town of Tuscaloosa, whether in property real personal or mixed, or of any other kind or description whatsoever, shall vest as absolutely in the Mayor and Aldermen
of the town of Tuscaloosa and their successors in office, for the benefit of the inhabitants thereof, as previously enjoyed by the President commissioners, &c. of the town of Tuscaloosa, and all suits or actions now commenced and pending either in their behalf or against them, shall be prosecuted, and proceeded with to final decision, in the same manner as if this act had never passed; and that all by-laws and ordinances now in force, as adopted and passed by the said President, commissioners, &c. of the town of Tuscaloosa, shall be and remain in force according to the tenor thereof, until altered or repealed by the said Mayor and Aldermen of the town of Tuscaloosa.
SEC. 9. And be it further enacted, That the Mayor is authorised to issue his warrant or summons for the recovery of all fines, forfeitures, amercements and other causes of action accruing under this act, or by noncompliance with or breach of the bye-laws and ordinances of said corporation, to render judgment and issue execution thereupon; and the constable of the corporation or other officer to be appointed by the said Mayor and aldermen for that purpose, is authorised to execute within said corroration all process directed to him from said Mayor, or from said Mayor and Aldermen.
SEC. 10. And be it further enacted, That nothing in this act contained, shall be construed as to authorise said corporation to exercise banking powers and privileges.