AN ACT to amend an act entitled an act to Incorporate the School Commissioners of the fourth Township and eighth Range west from Huntsville and for other purposes.
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 above recited act as fixes the minimum price of the sixteenth section, in township numbered four, and range eight, west, at seventeen dollars, be, and the same is hereby repealed: and the minimum price of said section is hereby fixed at twelve dollars.
SEC. 2. And be it further enacted, That so much of the above specified act as authorises and requires the Commissioners of said section to lease the same for ninety nine years, be, and the same is hereby repealed. And the said Commissioners are hereby authorises to sell the same, and make title in fee simple, subject to all the other rules and regulations of the aforementioned act, not hereby expressly repealed.
AN ACT, to Incorporate the Blakely and Greenville Turnpike Company.
SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly Convened, That a Company be established for the improvement of the Ridge road (so called) leading from Blakeley in Baldwin County to Greenville in Butler County, the Capital Stock of which shall not exceed twenty thousand dollars, which shall be divided into shares of one hundred dollars each.
SEC. 2. And be it further enacted, That Books shall be
opened to receive Subscriptions for Stock in said Company on the first Monday of March next or within five days thereafter at the City of Mobile under the superintendence of John Stocking jr. Jeremiah Austill and Russell Stebbins.- At the Town of Blakely on the said first Monday of March next or within five days thereafter under the superintendence of Uriah Blue, Charles Hall, and Cyrus Sibley- At the Town of Sparta on the said first Monday of March next, or within five days thereafter under the superintendence of William Guy, William L. Jameson, and Henry E. Curtiss.- At Belleville in Conecuh County on the said first Monday of March next, or within five days thereafter, under the superintendence of Conway Bell, Thomas C. Lovett and Thomas Armstrong.- At Burnt-Corn in Conecuh County on the said first Monday of March next or within five days thereafter under the superintendence of William A. Stewart, John Walker and John T. Nolan, and at the Town of Greenville on the said first Monday of March next or within five days thereafter under the superindence of Ward Taylor, William Martin, and James W. Wade, who or a majority of them at each of the above named places shall be competent to receive said Subscriptions agreeably to the intent of this act, and said Books shall be kept open for ten days at each and every of the above specified places.
SEC. 3. And be it further enacted, That one fourth of each share shall be paid at the time of Subscribing and the remainder in three equal instalments of three, six and nine months thereafter, and the Directors may enforce the payment of Stock so subscribed by making a failure amount to a forfeiture or otherwise.
SEC. 4. And be it further enacted, That immediately after the time of subscription, the superintendants at the other places shall give notice in writing to the superintendants at Blakely of the names of the Subscribers, the number of shares subscribed by each, and the monies paid in, and in case the aggregate amount subscribed for, shall be five thousand dollars then the superintendants at Blakley shall appoint a day by advertisement for the election of a President and seven Directors which election shall be held at Blakely, and every share shall be entitled to one vote, and Stockholders shall be entitled to vote by proxy, and the superintendants at Blakely shall have full power and authority to appoint Managers for holding such election, and all monies accruing to said Company either by Subscriptions as aforesaid, or in any other manner shall be in the name of the Treasurer, as treasurer of said Company, or such other person or persons as said President and Directors may appoint for that purpose, deposited in the Stock of Mobile or any other specie paying Bank, subject to the draft or check of said Treasurer, or such other person or persons as may be appointed by the said President and Directors.
SEC. 5. And be it further enacted, That in case the whole amount of subscriptions shall not amount to five thousand dollars the superintendants at Blakely (vacancies in which body shall be filled by the County Court of Baldwin County) shall forthwith determine at their discretion, either to order and
advertise for opening the Books for subscriptions again, at the places aforesaid, by the same superintendants, or others in the case of death, removal or refusal to act of any of them; or to direct the repayment to Subscribers of the same respectively subscribed and paid.
SEC. 6. And be it further enacted, That the Company hereby established shall be and the same is hereby made a body politic and corporate under the name and style of the Blakely and Greenville Turnpike Company: and by that name shall be and are hereby made capable in law, to have, hold, purchase, possess, and enjoy to and for themselves, their successors and assigns, lands, tenements and hereditaments and effects of whatsoever kind, or nature, and the same to grant, sell or dispose of at their own will and pleasure, to sue, and be sued, plead and be impleaded, to answer and be answered unto, to defend and be defended against, in any suit, action, matter or thing in any Court or place whatsoever, and t have a common Seal, and the same to break alter or renew at their pleasure; to ordain, establish and put in execution such by-laws, Ordinces and regulations as to them shall seem necessary, for the well governing of said incorporation, not being contrary to law, and generally to do and execute all and singular the Acts, matters and things, which shall be necessary for making, establishing, securing, and maintaining a Turnpike road from Blakely to Greenville, and for collecting the tolls hereinafter mentioned.
SEC. 7. And be it further enacted, That the road contemplated by this Act shall be cut out thirty feet wide, twelve feet of which in the straight general direction thereof, shall be cleared of stumps and grubs, either taken up by the roots or levelled with the ground; the sloping grounds, and banks of water courses shall be so worked on as to admit the safe and easy passage of carriages and horsemen.- All marshes, swamps or creeks when necessary shall be causewayed or bridged with good and durable materials, and put together in a substantial manner fourteen feet wide, where the distance shall not exceed one fourth of a mile-and through the flat pine woods for several miles above and below the Baldwin County line, said road shall be a least eighteen feet wide cleared of every obstruction, and trenches shall be excavated on each side, and the road shall be raised in the middle sufficiently for the water to run off, which mode shall be pursued in the construction of the road in all similar flat places, (which would otherwise become miry and of difficult passage in wet weather) where the distance shall exceed one fourth of a mile.
SEC. 8. And be it further enacted, That the said incorporation are hereby authorised to divide the said road into sections of twenty miles each, commencing at Blakely, and when a section of said road shall have been completed and accepted agreeably to the requisitions in this Act contained, said incorporation shall be authorised to erect a toll gate at such place within said section as they may deem most proper, and receive the following toll for every gate so erect-
ed, to wit: for each four wheeled pleasure carriage fifty cents; for each wagon and team of horses or oxen, twenty-five cents; for each cart twelve and an half cents; for each Jersey wagon twelve and an half cents; each large Jersey or covered wagon with two horses twenty five cents; for man and horse twelve and an half cents; for each led horse six and one fourth cents; for each head of loose horses, cattle, hogs, or other stock two cents. And for the better ascertaining of said distances the incorporation shall cause said road to be measured, and mile posts the distance from Blakely.
SEC. 9. And be it further enacted, That foot passengers, persons going to, or returning from Mill, to or from public worship, or the performance of military duty when lawfully called out, troops of the United States, carriers of the United States mail, provided the same be transported on horseback, or in carriages, not used or intended for the conveyance of travellers, shall be exempt from paying toll on said road, and in case the mail be transported in a carriage or carriages in which passengers are likewise taken, said incorporation shall be authorised to demand and receive half the usual tolls, recevied at the several gates, on similar carriages when used for other purposes. And provided also, That nothing herein contained shall be construed to subject any person to the payment of toll in going to and returning from his or her plantation provided, that no pikage shall be charged by the said Company, on the citizens of Conecuh County in passing to and from Claiborne, where the distance does not exceed five miles of said Turnpike road."
SEC. 10. And be it further enacted, That Ward Taylor of Butler County, Thomas Armstrong of Conecuh County and Silvester Carlow of Baldwin County be appointed Commissioners, vacancies in which body shall be filled by the said President and Directors, to lay out said road from Blakely commencing at such point as to the said President and Directors may seem most proper, to Greenville in Butler County, by the nearest and most eligible route throngs which said road can be carried at the least expense in its construction, varying the same with a view to this object, from the route of the present road whenever it may be deemed necessary, and the route so selected may afterward be changed, (where the interest of the Company may require it) by the said President and Directors, and should it be necessary to extend said road through the lands of any person or persons, for the purpose of widening, straightening or obtaining better ground for the same, the commissioners aforesaid shall be and they are hereby authorised and required to assess the damages, if any, which such person or persons may, may sustain, taking into consideration at the time the advantages, which may arise to the person from running the road in that place, and the said commissioners shall make a return of their proceedings in laying out said road, and assessing the damages aforesaid, into the Clerks office of the circuit court for the county in which such lands
may lie, as soon as conveniently may be after the said assessment shall have been made.- And if any person, or persons shall be aggrieved by the assessment so made by said commissioners, be, she or they may, after giving then days notice to the opposite party, on motion to the said circuit court at the term thereof next after the assessment shall have been returned as aforesaid, have the damages assessed by a jury in said county, which shall likewise taken into consideration the advantages which may arise to the person so appealing, from the running of said road through his lands, Provided always that if the assessment of the commissioners shall be confirmed, or the amount of damages lessened by the jury the person or persons who shall move for said jury, shall pay all lawful cost; but if the amount of damages shall be increased, the cost shall be paid by the incorporation, and the commissioners under this section shall receive three dollars each per day while engaged in this service to be paid by said incorporation.
SEC. 11. And be it further enacted, That it shall be the duty of said incorporation to cause to be kept a true and correct account of money expended (exclusive of the incomes from tolls) in the completion of said turnpike road, and should the income from said turnpike road exceed twenty-five per centum per annum, on the amount so employed in the completion thereof after deductive the amount expended in each year, for repairs and incidental expences of the company, then and in that case, the surplus over and above said per centum, shall be expended in such additional improvements on said road and in such proportions as the said directors shall approve and direct.
SEC. 12. And be it further enacted, That the said President and Directors shall meet and organize and appoint such officers as may be necessary for conducting the business of said company, and the accounts of said company as specified in the eleventh section of this act, shall be open to the inspection of any committee or committees who may be appointed from time to time by the General Assembly, to examine the same Account of and report thereon-and in case of the death, resignation, or removal of any of the directors, or should a vacancy occur in any manner whatsoever in the board, a majority of the remaining directors shall fill such vacancy until the succeeding annual election of directors, which shall be held, after the election directed by the fourth section of this act, on the first Monday in February in each and every year.
SEC. 13. And be it further enacted, That the said President and Directors shall be authorised to make all necessary contracts fro procuring materials, superintendants, laborers & c. for the constructing of said road, and should they deem it expedient, to divide the same into sub-sections, and such sub-sec tins to let out at public outcry or otherwise tot eh lowest bidder, under such conditions as they may prescribe.
SEC. 14. And be it further enacted, That after the completion of the entire road, the same having been worked on through
its whole extent, and put in a safe passable condition for wagons, carriages and horsemen, and having been reported in a complete state by the commissioners to be appointed for that purpose, agreeably to the requisitions of this act; the same incorporation shall have power to erect as many toll gates, and at such intervals and places as their interest may seem to proper.them to require, Provided, That the aggregate amount of toll charged at all the gates does not exceed the aggregate amount which is allowed by the eighth section of this act, in the division of said road into section of twenty miles each-Provided nevertheless, that in case those rates do not product to the stockholders a net dividend of twelve and an half per centum per annum, on the amount of money subscribed paid in and expended, on said road, that the directors shall have power at their discretion to increase said rates until the dividend shall amount to twelve and an half per cent, per annum.
SEC. 15. And be it further enacted, That so soon as the said incorporation shall have put said road or any section thereof in such a state of repair as they may deem in compliance with the requisitions of this act, they shall make report thereof of so much as shall be within Baldwin county to the county court of said county, and of so much thereof as shall run from the line of Baldwin county and to the line of Butler county where said road shall enter said Butler county, to the county court of Conecuh county, and of such part thereof as shall be within the limits of Butler county to the county court of said Butler count; and the respective county court of the aforesaid counties, shall appoint three fit persons (a majority of whom may act, who shall receive three dollars per day while engaged in such service, to be paid by said incorporation) to vies and examine the condition of said road, within the division in this section designated (saving the provision hereafter named) and report the same to their respective county courts; and if in the opinion of said commissioners, the requisitions of this act shall have been complied with in the construction of said road, the judge of each respective county court shall cause an order to be made authorising the erection of a gate or gates, as contemplated by this act- Provided always, that in which ever of the general divisions in this section specified, the greater part of a sectional division of twenty miles shall happen to be, the county court having jurisdiction of said greater part, shall also have jurisdiction of said lesser part of said section of twenty miles, any thing in this act in the contrary notwithstanding.
SEC. 16. And be it further enacted, That whenever either of the Judges of the county court having jurisdiction agreed by to the fifteenth section of this act, shall be informed in direct terms by any person, on oath, subscribed by the party giving such information, that said road or any part thereof is out of repair, said Judge shall forthwith notify said incorporation or their agent, or agents, of the facts requiring said road to be repaired without delay- and on the failure of said incorporation so to do within a reasonable time, such Judge
shall appoint three suitable persons (any two of whom may act) to view said alleged breach, and should they find the same actually to exist, they shall throw open the gate or gates within the section of twenty miles in which such breach may be, and report accordingly to said Judge:--- and should this said incorporation by themselves or agent, receive any toll at such gate or gates so threwn open before the road shall have been repaired and received by said court or Judge thereof, as directed by the fifteenth section of this act, they shall forfeit and pay five dollars for every such offence to any person who will sue for the same-and the commissioners appointed in pursuance of this section, shall receive three dollars each, per day while engaged in such service to be paid by the said incorporation on the production of the order of said Judge to that effect, if said road be actually returned out of repair, and by the person giving such information, if the road shall not be returned out of repair, and the said Judge is hereby authorised and required to issue a proper process for the collection of the same.
SEC. 17. And be it further enacted, That said road shall be commenced within one year, and completed as required by this act within three years from the first day of January one thousand eight hundred and twenty-eight, otherwise all the rights and privileges granted by this act shall be forfeited.
SEC. 18. And be it further enacted, That the incorporation hereby established shall have the exclusive privileges of keeping up the said turnpike road, with the tolls, and under the conditions as set forth in this act, until the first day of January one thousand eight hundred and fifty, and if any person or persons shall attempt to evade the payment of any tolls allowed by this act, by passing arbitrarily through the gate or gates authorised to be set up, or having passed, refuse or neglect to pay, or pass round said gate or gates, or in any other manner whatever, such person or persons so offending shall pay to said incorporation, or to any person authorised or permitted by said incorporation to receive said toll, the sum of five dollars for every such offence, recoverable before any Justice of the peace in this State.
SEC. 19 And be it further enacted, That any person or persons who shall in any manner impair or obstruct the said road either before or after its completion shall be liable in all the penalties incurred for similar offences under the road laws of this State regulating public highways.
SEC. 20. And be it further enacted, That nothing in this act contained shall be so construed as to confer banking privileges on the company therein incorporated.
AN ACT, for the relief of Richard Corre, John Duncan, jr. and Henry Center.
Whereas it appear to the General Assembly that the account and vouchers of Richard Corre, John Duncan, jr. and Henry Center, for claims against the State, on account of expenses incurred by them in the reception of Genl. Lafayett which were submitted to the Senate and referred to the com-
mittee of accounts at the last Session, have been lost or mislaid, so that the same cannot be acted on by the General Assembly at the present Session; for remedy whereof.
Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly Convened, That the Comptroller of Public accounts be and hereby is authorized and required to audit and settle the accounts of Richard Corre, John Duncan jr. and Henry Center, for expences incurred by them respectively, in the reception of Gen Lafayette, under the invitation of the State, upon principles of justice and equity; and, upon the production of satisfactory evidence establishing their claims against the State, to be filed as vouchers in the office of said Comptroller, he is hereby authorized and required to draw his warrants on the Treasury in favor of the said claimants for the amount which may be found due them respectively, "which shall be paid out of any monies in the Treasury not otherwise appropriated."
AN ACT, authorizing a lottery for the purpose of establishing a free school on the Lancasterian plan of tuition in the town of Huntsville, and the purchasing a clock for the use of said town, and incorporating the Poplar Spring academy in Morgan county.
SEC. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That it may be lawful for the Mayor and Aldermen of the town of Huntsville for the time being, and their successors in office, or a majority of them to raise by lottery in one or more classes as to them may seem most convenient and necessary a sum not exceeding the sum of two thousand five hundred dollars, to be by them, or a majority of them, appropriated to the building of a House for the establishment of a free school on the Lancasterian plan of tuition in the town of Huntsville, and if alter building said House any portion of the said sum of _____ dollars should remain unexpended, the same may be appropriated by the said Mayor and Aldermen to the purchasing a clock for the use of said town, and the Mayor and Aldermen of said town for the time being and their successors in office, shall before they enter on the duties of their office, enter into bond in their corporate capacity in the penal sum of five thousand dollars payable to the Governor and his successor in office, conditioned for the faithful discharge of the several duties imposed upon them by the provisions of this act, which bond may from time to time be put in suit in the name of the Governor of said State and his successors in office by any person who may have been injured by a breach of the condition thereof, and it shall be the duty of said corporation within forty days from the completion of the drawing of said lottery to pay to the fortunate person or persons or his or their order all such prizes as may have been drawn by him or them, agreeable to the scheme which they may have determined upon and published.
SEC. 2. And be it further enacted, That said lottery shall be drawn in the town of Huntsville the said Mayor and Aldermen giving sixty days notice of the time when such drawing shall commence, and if said lottery shall not be drawn and completed within two years from the passage of this act the same shall cease, and the said corporation shall refund all monies received for tickets to the holders of the same.
SEC. 3. And be it further enacted, That is shall be the duty of the said Mayor and Aldermen for the time being, whenever their term of office may expire, to deliver over and transfer to their successors in office all monies by them received and collected on account of said lottery (not by them already expended as prescribed by this act) together with a statement of the number of tickets sold, the monies received on account of the same and also all books and papers touching or relating to the said lottery.
SEC. 4. And be it further enacted, That William I. Adair, Harris Tony, John T. Rather, Reuben Chapman and Horation Philpot trustees of the Poplar Spring Academy in Morgan county and their successors in office, are hereby constituted a body corporate under the style and title of the president and trustees of the Poplar Spring Academy in Morgan county.
SEC. 5. And be it further enacted, That the president and. trustees, and their successors in office shall have and exercise the authority to make all such by laws, not contrary to the constitution of the United States or of this State, and the same from time to time to alter amend and annul as to them may seem expedient, and be capable of suing and being sued of pleading and being impleaded, and shall be capable of holding property both real and personal, and of selling or aliening and conveying the same and shall have and enjoy all the privileges and rights incident to bodies corporate: Provided, nothing in this act shall be so construed as to authorise the aforesaid incorporations to exercise Banking privileges.
SEC. 6. And be it further enacted, That when any vacancy may occur in the aforesaid board of trustees provided for in the third section of this act either by death, resignation or otherwise, the vacancy shall be filled by an election to be held at said Academy, under the direction of the balance of said trustees at which election all persons being heads of families within three miles of said Poplar Spring Academy or such other persons as may be authorised by the by-laws adopted by the aforesaid board of trustees shall be entitled to vote.
SEC. 7. And be it further enacted, That the aforesaid trustees and their successors in office shall be authorised to receive by donation or subscription any amount of money, or real property for the benefit of said institution or if they should deem it expedient to raise by lottery any sum of money not exceeding four thousand dollars to carry into effect the objects of so much of this act as relates to the Poplar Spring Academy, hereby incorporated.
AN ACT, to incorporate the town of Courtland in the county of Lawrence.
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 Courtland by the name of the President and trustees of the town of Courtland be and they are hereby constituted a body public and corporate, and by that name shall sue and be sued, grant receive and do all other acts as natural persons and may purchase and hold property real and personal, and dispose of the same for the beneifit of said incorporation, and shall have a seal which may be altered at pleasure.
SEC. 2. And be it further enacted, That the boundaries of said town as incorporated by the first section of this act, shall be established in conformity with the plan of the lots laid out by the Courtland company and Whitaker and Cox's addition to said town.
SEC. 3. And be it further enacted, That the corporation of the town of Courtland consisting of the President and trustees shall be composed of five persons residents of said town and house-holders, who together with a constable shall be elected annually on the first Monday in March in each and every year, by ballot at an election by the qualified electors for members of the General Assembly within the bounds of the said incorporation which election shall be held by the Sheriff of Lawrence county and three citizens of said town to be by him summoned as judges thereof in which he shall be governed by the laws regulating elections for members of the General Assembly and the five persons receiving the highest number of votes shall be trustees of said town for the ensuing year; and if any two or more shall receive an equal number of votes it shall be the duty of the Sheriff in office to declare which of said persons is elected and to give the person so elected a certificate of the same, and the trustees so elected shall after taking the oath required by law to be taken by all civil officers in this State, and an oath to discharge without favor or partiality the duties imposed by this act, proceed to elect by ballot one of their number who when elected shall be President for the ensuing year. Provided, that if the sheriff shall fail at any time to hold an election at the time herein appointed it shall be his duty to advertise in three of the most public places in said town setting forth the time not less than ten days in which he will hold an election for trustees of said town; and Provided that the trustees now in office shall remain until the first election to be held under this act.
SEC. 4. And be it further enacted, That the President of the said corporation shall ex-officio possess and have all the powers of a Justice of the peace between parties residing within the incorporation and in addition to the oaths prescribed by this act to be taken by the trustees, shall take an oath without favor or partiality to discharge the duties incident to said office.
SEC. 5 And be it further enacted, That the president and trustees or a majority of them shall have power to appoint a clerk and assessor and collector of taxes, a treasurer, and to pass by-laws, and ordinances not inconsistent with the Constitution and laws of this State, to restrain and prohibit gambling, to erect and repair the streets, avenues, causeways and bridges; to inflict appropriate fines and penalties for injuring or in any manner obstructing the same; to lay taxes and provide for the collection of the same, to restrain and prohibit the nightly and other meetings or disorderly assemblies of slaves free negroes and knavish and disorderly persons, to enforce the collection of fines and penalties for violating any of the by-laws or ordinances adopted for the regulation of said corporation.
SEC. 6. And be it further enacted, That the President and trustees shall have the power to levy a tax on all property taxable by the laws of the State, real or personal, as well as a poll tax; Provided, that they shall not be allowed to levy a tax exceeding the State tax on real and personal property, nor on keepers of groceries a tax exceeding ten dollars: and provided also, that the tax on property be laid in pursuance of an assessment and valuation of said property by the assessor of said incorporation which assessment shall be made in pursuance of an order of the board and returned to the clerk of the corporation containing a list of the property so assessed with the names of the owners thereof and value of each article distinctly; and the said president and trustees, shall prescribe the mode of collecting the said tax, when the same has been given in to the assessor for taxation, or for collecting a double tax when the same has not been given in for taxation either by sale or otherwise, and said board of trustees shall have full power to prescribe the mode and time in which the collector shall collect and pay over the money by him collected and to enforce obedience and punctuality in their officers by proper and appropriate penalties in a summary manner to be prescribed by motion before said board whose order or judgment in all cases shall have the force of a judgment at law, on which a similar process may issue as from a Justice of the peace, and to prescribe a mode by which in like manner judgment may be had against any of their officers and securities by motion before the board.
SEC. 7. And be it further enacted, That the said president and trustees shall have power to appoint as overseer of the streets, lanes and avenues of said town whose duty it shall be to open and keep them in good repair with the hands belonging to said town, and shall also have power to impose a fine or fines on any person who after being notified of his appointment shall refuse to act as overseer without a sufficient excuse to be judged of by the board of trustees, and also to impose a fine not exceeding one dollar per day on all persons residing in said town required by the general road law to work on public roads, who shall neglect or refuse to work on the streets of said town after being notified by the overseers at least
the day previous to the time of working on said streets, and shall also have power to impose a fine on the said overseer not exceeding twenty dollars, for refusing or neglecting to keep the streets of said town in good repair: Provided that no person residing within the limits of the said incorporation shall be compelled to work on the public roads beyond the limits of the said town, and provided that nothing herein contained shall be so construed as to prevent the said overseer of streets from being liable to indictment in the circuit court for neglect of duty as overseers of public roads.
SEC. 8. And be it further enacted, That the president and trustees shall keep a record of their proceeding in which all the ordinances by-laws, and orders of said incorporation shall be regularly entered and signed by the president or in his absence by the trustee presiding, and that a regularly certified copy of any of the proceedings of said board by the clerk shall be received as evidence prima facie of the fact and that the record and proceedings of said board shall be opened at all times for the inspection of any person interested therein, and shall also cause the by-laws ordinances, and regulations of said corporation to be published for the information of those concerned.
SEC. 9. And be it further enacted, That the constable appointed in pursuance of this act shall posses the same powers and privileges within the bounds of said incorporation and in pursuance and execution of this act as a constable under the State laws, and that the officers of the incorporation unless otherwise provided for by the board of trustees shall have the same fees as State officers for like services.
SEC. 10. And be it further enacted, That the president of the board possessing all the powers of a Justice of the peace within the bounds of the said incorporation, shall have exclusive jurisdiction of all matters and things arising under any of the regulations, ordinances and by-laws of the incorporation, and shall have power and jurisdiction to hear and determine all offences, fines and forfeitures arising under the laws of the incorporation when the same does not exceed fifty dollars. Provided however that in all cases when any person shall be dissatisfied with his decision he, she or they may appeal therefrom to the next term of the circuit court under the same rules and regulations as is prescribed for taking appeals from judgments of Justices of the peace under the State laws.
SEC. 11. And be it further enacted, That the Collector, Treasurer and Constable of said incorporation before they enter upon the duties of their office shall enter into bond with security to the President and Trustees and their successors in office in the sum of five hundred dollars each, conditioned, for the faithful discharge of the duties attached to said office, on which an action may be brought in the name of the President or his successor for the use of the corporation or party injured before any tribunal having jurisdiction thereof.
SEC. 12. And be it further enacted, That a majority of the President and trustees in all cases not otherwise provided for shall constitute a quorum to transact business, and that in
case of the death removal or inability of the President to act, the Trustees shall proceed to elect another in his stead, and in case of the death removal or inability to act of any of the Trustees, the remaining Trustees shall have power to fill the vacancy for the residue of the term, and that the President and Trustees in office shall continue to act until their successors have been elected and qualified.
SEC. 13. And be it further enacted, That all acts and parts of acts in contravention of this act be and the same are hereby repealed: Provided, that the said corporation shall not be authorised to use their funds for banking purposes.