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AN ACT, to incorporate the town of Blountsville in the county of Blount.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the town of Blountsville in the county of Blount, be, and the same is hereby declared the permanent seat of Justice in said county.

SEC. 2. And be it further enacted, That there shall be an election held at the court house in this town on the first Monday in January next and on that day in each and every year thereafter, to commence at the hour of eleven o'clock in the forenoon, and kept open until the hour of three in the afternoon, for the purpose of electing five persons inhabitants of said town, to act as Trustees thereof, a majority of whom shall constitute a quorum to do business, and the said Trustees shall elect from their own body a president who shall preside and keep order at their meetings, they shall also appoint a constable, collector and treasurer, who shall serve for one year.

SEC. 3. And be it further enacted, That every free white male above the age of twenty-one years, who may have resided in said town for two months next preceding the election of Trustees, shall be entitled to vote in said election.

SEC. 4. And be it further enacted, That all elections for Trustees shall be conducted by a Justice of the peace and two house holders inhabitants of said town.

SEC. 5. And be it further enacted, That the said Trustees when elected shall be, and they are hereby incorporated with all the power and privileges and subject to the same regula-


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all the power and privileges, and subject to the same regulations and restrictions as are by law prescribed for the incorporation and government of the town of Montgomery in the county of Montgomery.

SEC. 6. And be it further enacted, That the said Trustees when elected, shall lay off and designate the bounds of said town.

Approved, Dec. 13th, 1827.

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AN ACT, to Incorporate the Sommerville Phylomathian Society.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That Reuben Chapman, as president and A. Field and Samuel Peters, as Censors and their associates, be and they are hereby created a body corporate by the name and style of the President and Censors of the Somerville Phylomathian Society, with full power to draft and adopt such bye-laws for the government of said society as the officers and members thereof, or a majority of them, may think proper.

SEC. 2. And be it further enacted, That the said corporation by their name aforesaid; shall have perpetual succession of officers and members, to be admitted and elected by said society as they may from time to time ordain or decree; and shall be able and capable in law to purchase, have, hold, possess, enjoy and retain to themselves in perpetuity, for the life of others or for any term of years, real or personal estate to any amount not exceeding ten thousand dollars, and to sell, alien and dispose of the same as they may think proper.

SEC. 3. And be it further enacted, That the aforesaid corporation by their name and style aforesaid shall be able and capable in law, to sue and be sued, plead and be impleaded and answer and be answered unto in any court of law of equity in this State.

SEC. 4. And be it further enacted, That the said Society hereby incorporated, shall have power to raise by Lottery a sum of money not exceeding five hundred dollars, to be appropriated by said incorporation to the purchase of a Library for the use thereof.

Approved, January 3rd, 1828.

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AN ACT, to Incorporate the Franklin Academy in the town of Russellville Franklin County.

WHEREAS, the Trustees of the Russellville land company have set apart as a donation four lots in said town for the purpose of building a Female Academy thereon, and the inhabitants of said town and its vicinity having been at considerable expense in erecting a building on said lots for the purpose of a seminary of learning; and the donors not having been able to carry their wishes into effect, as there is no one to whom they can make titles and convey the said lots for the use they intend them, therefore.

SECTION 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 town of Russellville and county of Franklin, which shall bear the name of Franklin Academy.


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SEC. 2. And be it further enacted, That the following persons to wit: John B. Noah, William S. Jones, William Lucas, Samuel Bell, Peter Martin, Thomas Owen, James Davis, Gregory D. Stone, William Cooper, Isaac H. Bell, David Owen, John H. Lewis and Michael Dickson and their associated and successors in office, appointed or elected, or that may be appointed or elected according to the rules and regulations that may be adopted for their government, shall be and they are hereby established a body politic and corporate in deed and in law, by the name and style of the Trustees of Franklin Academy, and by that name said Trustees shall have power to receive donations and purchase, have and hold real estate in perpetuity; and also to sue and be sued, to plead and be impleaded, and to recover all debts which may become due, owing or belonging to said Academy as the property thereof; and to call meeting, make bye-laws and regulations for their government, and in general to do all acts for the benefit of the institution which are incident to bodies corporate, and which are not repugnant to the constitution and laws of this State, or of the United States.

SEC. 3. And be it further enacted, 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 rules and regulations made for the government of the corporation; and that they may have a common seal, with power to alter and make new the said rules and regulations, and common seal as often as they may deem expedient.

SEC. 4. And be it further enacted, That the lands, lots, public buildings and other property belonging to the Franklin Academy are hereby declared to be free from any kind of tax.

SEC. 5. And be it further enacted, That said Trustees shall have power to regulate the concerns of the Academy so as to have a male and female school separate and distinct, but as completely under their control and direction, as if there were but one school; and to make such rules and regulations for the government of each separate school as to said Trustees may appear most beneficial for the interest of said Academy.

Approved, January 15th, 1828.

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AN ACT, to amend an act to Incorporate the town of Montgomery.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That all that tract of land situate on the east bank of the Alabama river of the following description to wit: fraction number twelve, except the relinquished part thereof, township sixteen, range seventeen and the south west quarter of section seven, township sixteen, range eighteen, including that all part of the river lying opposite to said fraction within sixty yards of its margin is hereby incorporated and shall be called and known by the name of the town of Montgomery.

SEC. 2. And be it further enacted, That on the third Monday of January next, and in each and every year thereafter,


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on the same day an election by ballot for seven Councillors shall be held at some convenient and public place, in said town, who shall serve for the term of one year after they shall have been elected; the first election shall be conducted and managed by John Gindrat, William Sayre, Wade Allen, D. A. Northrop and Andrew Dexter or any two of them, and all subsequent elections shall be conducted by two of the Councillors, to be appointed by the board for that purpose, and the said Councillors so elected, shall within three days after such election, in each and every year meet and elect, by a majority of votes from their own body an Intendant whose duty it shall be to preside and keep order at all meetings of the said Councillors and in his absence or incapacity, any other member may be called to the chair; and the said Councillors shall be and they are hereby constituted a body corporate by the name and style of the Intendant and Council of the Town of Montgomery; and by that name, they and their successors in office shall be capable in law of suing and being sue, of pleading and being impleaded in all manner of suits either in law or equity; also to have and keep a common seal, and the same to break alter and amend at pleasure; and in general to do all acts which are incident to bodies corporate, and to purchase hold and dispose of, for the benefit of said town real personal and mixed property to the amount of fifty thousand dollars.

SEC. 3. And be it further enacted, That the said corporation, shall have power and authority to pass by-laws and Ordinances necessary to preserve the health of said town, to prevent and remove nuisances, to license, tax, regulate and restrain theatrical amusements and shows in said town, to restrain and prohibit gambling, to establish night watches and patrols, to make alter and ascertain new streets and alleys, with the consent of the proprietors of lots adjoining the same, to clean and keep in repair the streets and alleys of said town, to regulated the stationing mooring and anchorage of Steam-boats and other boats and crafts within their jurisdiction, to have a general control and superintendence over the wharfs and wharfages, ferry and ferriages public springs and wells of said town, to establish necessary inspections, to erect and regulate markets and the assize of bread, to regulate the conveyance of water from the vicinity into the said town, and generally to pass such by-laws and Ordinances not contrary to the constitution and laws of this State and of the United States, as the said corporation shall from time to time deem necessary and expedient to carry into effect the intent and meaning of this act, and the same to put in execution, revoke and alter. The said corporation shall also have power to appoint a Treasurer, Marshal and such other officers as they may think necessary and by Ordinance to require such security from their Intendant and other officers to annex such fees to their several officers, to impose such fines for neglect of duty in office, not exceeding fifty dollars, as they may deem necessary. They are hereby also empowered to lay such fine or fines not exceeding forty dollars, for a breach or breaches of their by-laws and


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Ordinances as they may deem proper, and all fines by them imposed shall be sued for in the name of the corporation, before any Justice of the peace; and the money which may be recovered shall be paid to the Treasurer for the benefit of said town: Provided, that this act and all the by-laws and Ordinances of said corporation shall at all times be subject to revision or a repeal by the General Assembly.

SEC. 4. And be it further enacted, That the said corporation shall have power and authority annually to levy and assess a tax not exceeding one half of one per centum upon all the real property in said town, to be assessed according to such regulations as they may deem necessary and proper; to lay and collect a poll tax not exceeding one dollar on each white male inhabitant in said town, above the age of twenty-one years, provided, he shall have resided within said town, two months immediately preceding the time the said tax shall have been laid; to lay and collect a tax not exceeding fifty cents, on each Slave within the limits of said town over ten years of age, and a tax not exceeding ten dollars, on every free negro or mulatto over twenty-one years of age who shall be resided in said town two months immediately preceding the time of laying said tax; to lay and collect a tax on all pleasure carriages, gigs, chairs and sulkies not exceeding one per cent on the value thereof; on every cart, dray, wagon or other vehicle, used for transporting for pay, any article from one place to another within the limits of said town, a tax not exceeding ten dollars; on every retailer of Spirituous liquors a tax not less than ten and not exceeding fifty dollars; and on every vender or retailer of goods, wares and merchandize, drugs and medicines or either of them, a tax not exceeding fifteen dollars per annum; and on all goods sold at auction a tax not exceeding two per cent on the amount of sales.

SEC. 5. And be it further enacted, That the said Intendant shall ex-officio, be vested with and exercise throughout the town of Montgomery all the powers and authorities that belong to Justices of the peace, by the laws of this State, and each of said Councillors shall ex-officio, be vested with and exercise the same powers and authorities within the limits of said town, and the said marshal shall ex-officio be a constable, and be vested with and exercise within the limits of said town all the powers and authorities of other constables of this State: and the said Intendant, Councillors and marshal shall respectively be liable to the same penalties and restrictions as by the laws of this State are imposed upon the said several officers with which they are so invested; and the Sheriff of said county, the jailor and all executive officers shall obey them in the exercise of their said offices; and the jail of said county shall be used as the jail of said town; and the said Intendant and council are hereby authorised to hold their meetings and keep their records and papers in the room in the south-east corner of the second story of the court house in said county.

SEC. 6. And be it further enacted, That if vacancies occur

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in the said board of Councillors, by death, resignation, removal, or otherwise, such vacancy shall be filled by the remaining members of the board; and the member or members so added shall continue in office until the succeeding annual election.

SEC. 7. And be it further enacted, That should the elections not take place on the day fixed for the annual election of Councillors, the Board shall not for that cause be dissolved, but the incumbents shall remain in office, until their successors shall be elected; and it shall be the duty of the Board to fix some other day as early as convenient, within one month thereafter, on which day two of the Councillors shall attend, and hold an election for councillors.

SEC. 8. And be it further enacted, That the said Intendant and Councillors shall appoint a clerk, whose duty it shall be, to keep a fair record of their proceedings, and to publish from time to time, in some public newspaper, or at three several public places in said town, all laws and ordinances, and at the end of the year a full and correct account of their receipts and expenditures.

SEC. 9. And be it further enacted, That the said Intendant and Councillors, and their successors in office, shall, severally, before they enter upon the duties thereof, in addition to the duelling oath, take an oath before some person qualified to administer the same, that they will endeavor to prevent and punish all tumultuous and riotous assemblies, assaults and batteries, and all other public offences, and violations of law in said town, and will faithfully discharge every other duty to them committed, without favor, affection, or partiality; a certificate of which oaths shall be filed with the clerk of the board of Councillors.

SEC. 10. And be it further enacted, That all white male persons above the age of twenty one years, who shall have resided within the limits of said town six months immediately preceding an election, and shall not be in arrears for taxes, or debt due said town, shall be qualified electors for Councillors, and no person shall be eligible to the office of Councillor, unless in addition to the qualifications of an elector, he be also a freeholder or lot-holder in said town.

SEC. 11. And be it further enacted, That the inhabitants of said town shall be exempted from working on all public roads and highways, and from all patrol duty, and such labor and patrol duty shall be performed under the direction of the Intendant and Council of said town.

SEC. 12. And be it further enacted, That all acts hertofore passed, respecting the said corporation shall be, and the same are hereby repealed, saving and excepting that the persons named in the second section of this act, shall continue to be the Intendant and Council of said town until a new election as herein provided; and all proceedings heretofore commenced and progressing, shall be no way invalidated; and provided also, that this repeal shall not affect an act entitled an act to


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amend the several acts now in force respecting the town of Montgomery, and also an act entitled an act to establish a ferry, and appoint commissioners to lay out a certain road therein named: Provided, That all incorporation heretofore referred to the town of Montgomery, be exempt from the provisions of this act, but be subject to the former incorporation of the town of Montgomery, in the county of Montgomery.

Approved, January 15th, 1828.

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AN ACT to amend an act entitled "An act to incorporate the town of Elyton, in the county of Jefferson," passed December 20th, 1820.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the Intendant and Council of the corporation of the town of Elyton, shall have power and authority, annually to levy and collect a tax, not exceeding one quarter per centum upon the value of lands and lots, or buildings within said corporation; they shall have power and authority to levy and collect a tax not exceeding eight cents on every hundred dollars of the amount of the sales of merchandize, sold within the year immediately preceding the first Monday in May, in each and every year, to be estimated by the owner, or in his absence, by the principal clerk, and for every slave under ten years old, not exceeding ten cents: on all slaves over ten year and under sixty, not exceeding twenty five cents: for all free male negroes and mulattoes over twenty one and under fifty years, not exceeding ten cents; on all slaves over ten years and under sixty, not exceeding twenty five cents: for all free male negroes and mulattoes over twenty one and under fifty years, not exceeding one dollar: for all free white males over twenty one and under forty five years of age, not exceeding one dollar: for all pleasure carriages and harness, not exceeding twenty five cents on every hundred dollars of their estimated value; to be ascertained in such manner as they may deem proper: for every tavern license, or license to retail spirituous liquors, not exceeding five dollars: for every horse dept exclusively for the saddle or pleasure carriage, not exceeding fifty cents: for every race horse, not exceeding two dollars for every public race track, not exceeding five dollars: for every stud horse or jack ass, not exceeding fifty per cent on the amount for which the stud or jack may stand by the season for every gold watch kept for use, not exceeding fifty cents: for every silver, or other watch, not exceeding twenty five cents: for every clock kept for use, not exceeding fifty cents: for every pack of playing cards sold, given away, or otherwise disposed of, not exceeding twenty five cents: to be assessed in such manner, as the said Intendant and Council may deem necessary and proper.

SEC. 2. And be it further enacted, That for the better preservation of the peace, and for the suppression of vice and immorality, the Intendant and each member of the council of the said corporation, shall be ex officio justices of the peace, within the limits of said town, and vested with all the power and authority given to justices of the peace for that purpose by the laws of this state.

SEC. 3. And be it further enacted, That the said Intend-


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ant and council shall have power and authority to take cognizance of, and impose a reasonable fine on all persons who may be grossly indecent in language or behavior, publicly in the streets, or elsewhere in said town.

SEC. 4. And be it further enacted, That the Intendant and Council shall have full power, from time to time, to commit to prison in the jail of Jefferson county, for any time not exceeding two days, all such persons who shall incur any penalty or forfeiture, intended to be inflicted by any of the byelaws of the said corporation, passed conformably to the powers vested in them by this act, or the act which this is an amendment.

Approved, Jan. 11th, 1828.

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AN ACT to amend the act incorporating the town of Huntsville.

SECTION 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 Huntsville shall be and continue a body politic and corporate, by the name of the "Mayor and Aldermen of Huntsville;" 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 the said town be extended, and that hereafter the corporate jurisdiction rights, privileges, duties, and restrictions hereby given, or herein contained, shall arise, exist, and extend in, and over a superficial square; namely: a square whose centre will be the present Court House of Madison county, and whose four boundary lines, each of which is to be one mile in length and run parallel with a corresponding boundary line of the present public square in said town, will embrace an area of one mile square and the inhabitants thereof. Provided that part of John Boardman's purchase from Leroy Pope, adjoining the Town of Huntsville, which is not included in the present limits of the Town, be excluded from the limits established by this act. And also the quarter section of land on which Henry W. McVay resides be excluded.

SEC. 3. And be it further enacted, That said corporation shall consist of a Mayor and Aldermen, or nine members, who, in the first instance, shall be elected on the first Monday of February next, and annually thereafter on the first Monday in January, by ballot, by the free white male citizens within the aforesaid limits of the age of twenty-one years, who shall be freeholders or house holders therein, or who shall have resided therein six months preceding and paid a corporation tax for the preceding year, as prescribed by this act, or an ordinance of the corporation, or who shall be the legal or equitable owners in good faith of real property within said limits. Such election shall be held by the Sheriff of said county and three freeholders to be by him summoned as judges, and he shall


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conduct the same in the manner of an election for members of the General Assembly, he giving the casting vote if any two or more should have an equal number of votes; and the nine persons having the highest number of votes shall be Aldermen until the next annual election for Aldermen, and until their successors shall be qualified: and said Sheriff shall give to 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 oath 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 ten 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 prescribed, 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 until a successor shall be qualified; and if he refuse to qualify, or die, remove, or after qualification 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 behavior, subject however to be removed by the Mayor with the concurrence of three fourths of the Aldermen in office; and to appoint an assessor, collector of taxes, Treasurer, and nay other officer who may become essential to the maintainance of a good police, to continue in office until 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 a 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 successor in the penalty of two thousand dollars with condition to discharge all the duties of his office truly


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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 regulation and ordinances for the common good of the corporation 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 Madison 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 upon the public square aforesaid to erect and continue such hospital or other buildings or works, and to accept any grant or conveyance from the said county, commissioners or authorities; to erect lamps; to provide night watches and patrols; to erect and repair bridges, to open all necessary streets avenues drains and Sewers and to keep them in repair; to establish fire wards and fire companies, and provide for the prevention and extinguishment of fire; to regulate party fences and determining 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 exhibition 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 corporation buildings or works, or pedling or retailing without license; and in general to impose and inforce 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 one hundred


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dollar's 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 officer of the corporation for the nonpayment of taxes, or other monies collected or received, 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, process 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 incorporated bounds, who, otherwise by the laws of the state would be subject to work on roads, causeways, &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 with suitable books, and shall, in one of them, in a fair hand, enter the proceedings, orders, regulation, 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, shall be prima facie 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 citizen; and thereon he shall enter a general account of the settlement with the Collector, Treasurer, and other officers, so as to exhibit at the end of each year, a condensed but clear expose of the corporate funds; a copy of which for each year, or an abstract therefrom, shall in the month of December, be published in some newspaper of the town. 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 noting or indexing the orders and judgements &c. therein and in another book he shall, keep a minute or record of the orders, judgments, &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 indices.


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SEC. 9. And be it further enacted, That the duties and liabilities of the assessor, collector, and treasurer, 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 act, 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, precepts, and process from the Mayor's 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 compensations to the clerk, assessor, collector, treasurer, or other officer; and in the absence of the Mayor at the last meeting 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 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 subject 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 forfeitures 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 restrictions prescribed by the laws of the State for an appeal or certiorari from the judgment 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,


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assessor, collector, treasurer, or constable, or other officer to appear before them at a day named, to answer for delinquency, or mal-conduct in office; and provided three fourths 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 said corporation; to employ the proper teacher; and, if necessary for the free schools 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.

Approved, January 9th, 1828.