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AN ACT, supplementary to an act to establish the dividing line between the counties of Tuscaloosa and Bibb, passed the present section.

SEC. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That said commissioners in said act specified, or a majority of them, may meet and proceed to the discharge of the duties as specified in said act on the third Monday in January 1828, or at any time thereafter: Provided, that the county of Bibb, shall pay the expenses incurred by running said line as contemplated by this act.

Approved, January 15th, 1828.

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AN ACT, for extending the time granted to John Fowler for running a Steam Ferry Boat, and a Row Boat, or Sail Boat between the city of Mobile, and the town of Blakely, by an act, passed December 22d, 1822.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That an act, granting to John Fowler, the right of running a steam ferry boat, and a row boat or sail boat between the city of Mobile, and the town of Blakely, passed December 26th, 1822; be, and the same is hereby continued in force for the space and during the term of five years from the first day of January next, any law to the contrary notwithstanding.

Approved, January 15th, 1828.

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AN ACT, to amend the third section of an act, passed at the last session of the Legislature to compensate the commissioners, appointed by the Governor for ascertaining and marking the permanent boundary line, between this State and Georgia.

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 he is hereby required to issue his warrant on the Treasurer in favor of William Kelly, for the sum of three hundred dollars in addition to the sum of eighty dollars, allowed him, at the last session of the Legislature as a further consideration for his attendance and service at Nicka Jack, by order of the Governor, to aid in running the line between this State and the State of Georgia, in the event either of the commissioners of this State was absent or incable of attending.

Approved, January 15th, 1828.

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AN ACT, to authorize the Commissioners of Revenue and Roads of Mobile county, to levy a special Tax; 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 the Judge and Commissioners of Revenue for Mobile county, be, and they are hereby authorised and required at the time of levying a county tax, for the year eighteen hundred and twenty-eight, also, to levy a special tax for that year not exceeding fifty cents, on every hundred dollars worth of taxable property assessed in said county, for the express purpose of defraying the expences incurred in erecting the Court-House and Jail in said county.

SEC. 2. And be it further enacted, That it shall hereafter be lawful for the assessor and collector of taxes in said county at any time after he is duly qualified in office, and it is hereby made his duty to proceed to assess and collect the taxes, and to make his report to the Judge and Commissioners of Revenue of said county, on or before the first Monday of July in each and every year.

SEC. 3 And be it further enacted, That James P. Bates, tax collector of Mobile county, be and he is hereby allowed until the first day of May next, to complete the collection of the taxes in said county, and to pay the same into the treasury of the State upon condition, that the securities of the said James P. Bates shall consent to the provisions of this act, and shall file their consent in writing in the office of the Secretary of State, on or before the first day of May next, otherwise the forfeitures heretofore incurred shall be, and remain in full force.

SEC. 4. And be it further enacted, That hereafter it shall be the duty of the county treasurer, to register all orders which may be drawn on the treasury, and to pay the same only in the order in which the same shall be registered in his office; and that the collector of taxes receive no orders in payment of taxes except jury certificates.

SEC. 5. And be it further enacted, That all acts, and parts of acts heretofore passed, authorising the levying and collecting a special tax for the erection of a Court-House and Jail in said county, be, and the same are hereby repealed.

Approved, January 12th, 1828.

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AN ACT, to aid in the endowment of a Humane Charity Hospital in the city of Mobile.

WHEREAS, the city of Mobile from its local situation is peculiarly exposed to the visits of a great number of indigent poor, composed chiefly of seamen, boat-men, and mechanics, who arriving from sea, and from the interior during the sickly season, are often assailed by disease, and for want of a public hospital supported by the General or State government, are necessarily thrown upon the charity of the city authorities: And whereas it has been represented by the memorial of the Mayor and Aldermen of that city, that in consequence of the


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calamitous visitation which said city has recently experienced from fire, the revenue thereof is wholly inadequate to the support and maintenance of the existing City Hospital and that the corporate authorities will be compelled to discontinue that valuable and necessary institution unless some aid be afforded by the state: -Therefore.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That from and after the passage of this act, it shall be the duty of the tax collector of Mobile county to collect all the taxes arising from the sales at auction in said county, and pay one third part of the same into the treasury of the city of Mobile; which said third part of the taxes aforesaid, when so collected and paid over, shall be set apart by the Mayor and Aldermen of said city, as a separate and distinct fund, and applied by them exclusively to aid in the support and maintenance of a Public Charity Hospital in the City of Mobile, for the relief and comfort of all sick and disabled persons, whom they may conceive fit objects for the humane benefits contemplated by this act; and the other two thirds of the taxes aforesaid when so collected shall be paid into the State Treasury as heretofore.

SEC. 2. And be it further enacted, That if the tax collector aforesaid shall fail to collect and pay into the treasury of the city of Mobile, the one third part of the taxes specified in the first section of this act, by the first day of June in each and every year, it shall be the duty of the judge of the county court of Mobile county, to hold a special court to try said delinquent collector and if it shall appear that he has failed to collect and pay over such taxes, it shall be the duty of the judge on motion of the city treasurer to enter up judgment against such collector, and his securities in office for the amount of such taxes so due and unpaid together with fifteen per centum, as damages on the amount: Provided, however, that ten days notice at least shall be given such delinquent collector and his security or securities.

SEC.3. And be it further enacted, That all laws and parts of laws contravening the provisions of this act, be, and the same are hereby repealed.

Approved, January 3d, 1828.

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AN ACT, to amend an act entitled an act, respecting bail in civil cases, passed 9th, December 1823.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That when any writ shall issue from any circuit or County Court of this State, whereupon bail is required the Sheriff or other Officer, to whomsoever the same may be directed shall take a bail bond with sufficient security or securities in the penalty of double the sum for which bail is required by the indorsement on such writ: which said bond the Sheriff or other Officer shall return with such writ.

Approved, January 15, 1828.


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AN ACT, to incorporate the Hibernian Benevolent Society of Mobile.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That Ugene Magee, President; Benjamin J. Randall and John D. Russell, Vice Presidents; John Byrne, Treasurer, and James P. Bates, William O. Ryan and Peter Mullen, Managers of the Hibernian Benevolent Society of Mobile, and other officers and members of said Society shall be, and they are hereby incorporated as a body politic and corporate in deed, and in law by the name and style of "the Hibernian Benevolent Society of Mobile"

SEC. 2. And be it further enacted, That the said incorporation 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, bylaws and regulations made for the government of the said incorporation, and that they may have a common seal, with power to alter and make new the said rules, bylaws and regulations and the said common seal, as often as they shall deem expedient.

SEC. 3. And be it further enacted, That the said incorporation shall be able, and capable in law, to purchase, have, hold, possess, enjoy and retain to itself in perpetuity, or for any terms of years, any estate either real or personal, or what kind or nature soever, and to sell, alien or dispose of the same, as they may think proper, and by its name above mentioned, to sue, and be sued, plead and be impleaded, answer and be answered unto, in any court of law or equity in this state, and to make such rules and regulations, not repugnant to the constitution and laws of this State, and of the United States as they may deem expedient.

Approved, Jan. 15, 1828.

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AN ACT, to repeal in part, and amend the several acts now in force relative to the Port and Harbor of Mobile.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That from and after the passage of this act, the Board of "Harbour Master and Wardens of the Port of Mobile, "shall have power, and are hereby authorised to appoint and license such person or persons as the said board shall approve to act as Pilots and deputy Pilots across the several bars within the bay and harbor of Mobile, not exceeding the whole number now allowed by law, and to fix and establish the rates of pilotage over the several bars, and up to the city of Mobile, so as not to exceed the rate of three dollars per foot, and to divide the same equity between the inner and outer bar pilots.

SEC. 2. And be it further enacted, That the first section of an act, entitled "an act, supplementary to an act for the government of the Port and Harbor of Mobile, passed the fifth day of January, eighteen hundred and twenty-seven, and all acts, and parts of acts, coming within the purview and mean-


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ing of this act, be, and the same are hereby repealed, and that the fifteenth section of an act, entitled an act, for the government of the Port and Harbor of Mobile, passed December 23d, 1822; be and the same is hereby revived and in force.

SEC. 3. And be it further enacted, That the said Harbor Master and Wardens or any one of them shall if called upon by any person commanding any ship of vessel arriving from sea inspect the manner in which the hatches of such ship or vessel were secured previous to the opening thereof, for the purpose of discharge, and shall be present at the opening of the same, and shall upon every such survey certify under his hand how the said hatches appeared to him, or them, for which survey and certificate he shall be entitled to three dollars and the said harbor master and wardens or any two of them shall be surveyors of damaged goods brought into the port of Mobile, in any ship or vessel, and with the assistance of one or more skillful carpenters, shall be surveyors of any damaged vessels deemed unfit for service, and they shall upon every such survey certify under their hands how the vessel so damaged appeared to them, and shall cause entries to be made in a book to be kept for that purpose in their office, and for such survey, certificate and entry, they shall be entitled to seven dollars, and for every duplicate thereof one dollar; And the said wardens shall severally be entitled for their services as surveyors of damaged goods at the rate of five dollars per day, and further the wardens are authorised to use a discretionary power in regard to the time of sale of damaged goods, provided the time does not exceed six days after landing always giving public notice at least twenty four hours previous to sale, and at least two of the said wardens shall be present at such sale, and shall certify to the truth of the account of sales of the auctioneer, by whom such damaged goods shall be sold, and for such attendance and certificate, shall be entitled to a per centum on all amounts of sales not exceeding two hundred dollars, five per cent, over two hundred dollars and not exceeding five hundred dollars, two and a half per cent, over five hundred dollars and not exceeding one thousand dollars, one and a half per cent over one thousand and not exceeding five thousand dollars, one half per cent, and all sums over five thousand dollars, a quarter per cent, which must include all charges from the port wardens office.

SEC. 4. And be it further enacted, That the twelfth section of an act, entitled an act, for the government of the Port and Harbor of Mobile, passed December 23d, one thousand eight hundred and twenty-two; be and the same is hereby repealed.

Approved, January 13, 1828.

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AN ACT, to amend the Law in relation to Original attachments.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That hereafter original attachments foreign and domestic may be issued by Judges of the Circuit and County Courts and Justices of the peace, and the same affidavit and


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bond shall be made before Justices of the peace as before Judges of the Circuit and County Courts.

SEC. 2 And be it further enacted, That every Judge or Justice before issuing an attachment shall require the party applying for the same his agent attorney or factor to make affidavit in writing that the person or persons against whom the attachment is prayed, absconds or secrets him, her, or themselves; that he or she or they reside out of this State; or that he, she or they are about to remove him, her or themselves out of this State so that the ordinary process of law cannot be served upon him, her or them, or that he, she, or they are about to remove his, her or their property out of the State, and that thereby the plaintiff will probably loose the debt or have to sue for it in another State, and shall further require the person applying for an attachment his, her or their agent, attorney or factor to swear to the amount of the sum due the plaintiff, and that an attachment is not sued out for the purpose of vexing or harassing the defendant and shall further require the plaintif of his agent attorney or factor to give bond payable to the defendant in double the amount sworn to be due, conditioned that the plaintiff shall prosecute his or her attachment to effect, and pay the defendant all such damages as he or she may sustain by the wrongful or vexations suing out such attachment.

SEC. 3. And be it further enacted, That whenever the sum sworn to be due shall exceed fifty dollars it shall be the duty of the person issuing the same to make it returnable to the County or Circuit Court as the party applying therefor may require.

SEC. 4. And be it further enacted, That Justices of the peace shall have the exclusive right of issuing attachments where the sum sworn to be due shall not exceed fifty dollars and all such attachments shall be returnable before some Justice of the peace and the Justice before issuing the same shall require the party applying therefor to comply with the requesites of the second Section of this act.

SEC. 5. And be it further enacted, That the defendant in attachment shall not be required to give special bail before he is admitted to appear and plead.

SEC. 6. And be it further enacted, That it shall be lawful for the defendant to shew by competent testimony that a garnishee is indebted to him in a greater amount than he is willing to admit on oath.

SEC. 7. And be it further enacted, That the several acts of this state in relation to attachments shall not be rigidly and strictly construed.

SEC. 8. And be it further enacted, That in all suits commenced by original attachments the plaintiff before the trial or during the period of the same, either before a Justice of the Peace or in the County or Circuit Courts, shall be permitted to amend any defect or defects of form in the original papers should it be made to appear to the satisfaction of such Justice of the peace or Judge of the County or Circuit Court that such


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defect or defects was not made, for the purpose of defrauding the defendant or defendants in such suit.

Approved, January 15, 1828.

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AN ACT, supplementary to the several acts now in force in relation to public Weighers of Cotton in the City of Mobile.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That from and after the passage of this act the several public Weighers of Cotton in the City of Mobile, shall be entitled to and be authorised to receive, for each and every bale of Cotton they or either of them may weigh and mark in said City the sum of eight cents and no more, in full compensation for the use of scales and weights, marking and the hands necessary to assist in the weighing of the same.

SEC. 2. And be it further enacted, That all acts and parts of acts coming within the purview and meaning of this act be, and the same are hereby repealed.

Approved, January 15th, 1828.

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AN ACT, to authorise the Judge and commissioners of St. Clair County to levy a Tax for the purposes therein mentioned.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the Judge of the County Court and commissioners of Roads and Revenue be, and they are hereby authorised to levy a county tax on the same objects that are now taxable by law not to exceed twenty five per cent on the state Tax, for the purpose of repairing the Court-House in said county, which shall be collected under the same rules and regulations as other County Tax.

SEC. 2. And be it further enacted, That when the said Tax shall be collected it shall be the duty of the Tax Collector to pay said Tax into the hands of the Commissioners of the public buildings for said county whose duty it shall be to apply the same as aforesaid.

Approved, January 15th, 1828.

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AN ACT, supplementary to an act entitled an act to alter and amend the Charter of Incorporation of the City of Mobile.

WHEREAS the City of Mobile has been recently visited by a distructive and calamitous fire which has swept off all the buildings in the business part of said City, and whereas it has been represented to the General Assembly of the State of Alabama that a like occurrence may hereafter ensue in the said City unless certain preventive measures are at once pursued for the further safety and protection of said City therefore.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the Mayor and Aldermen of the City of Mobile for the time being and their successors in office shall have full power and authority from and after the passage of this act to prohibit and prevent the erection and construction, within the following limits and boundaries in said City, towit East of St. Jo-


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seph and St. Emanuel streets, South of North boundary street and north of canal street of all kinds of wooden or other buildings, except those to be erected and constructed of Brick or Stone.

SEC. 2. And be it further enacted, That if any person or persons shall either directly or indirectly build or cause to be built, or shall knowingly suffer or permit any wooden or other building or buildings except as aforesaid to be erected, built or upon his, her or their lot or lots, within the limits and boundaries mentioned in the first section of this act, such person or persons so offending against the provisions of this act shall for each and every day he, she or they may continue to violate the provisions of this act forfeit and pay the sum of fifteen dollars to be recovered before the Mayor or any one of the Aldermen of the said City.

SEC. 3. And be it further enacted, That the said Mayor and Aldermen of the City of Mobile for the time being and their successors in office shall be fully authorized and empowered from and after the first day of January in the year of our Lord one thousand eight hundred and twenty nine to remove such wooden or other buildings except those constructed of Brick or Stone as may be erected, built or put up within the limits defined in the first section of this act, which removal shall be at the expence of the said City: Provided always that a majority of the said Mayor and Aldermen be of the opinion that the protection of the said City and its safety and security from fire will be increased by the removal of the said wooden or other buildings, and Provided also that they first pay to the owner or owners thereof such equitable compensation in damages as a Jury of free-holders in said City to be summoned and sworn as in other cases by the Mayor for the time being shall be of the opinion that he she or they may have sustained thereby.

SEC. 4. And be it further enacted, That for any default of attendance of any juror who may be drawn and summoned under the provisions of this act, or the provisions of an act entitled an act to alter and amend the Charter of Incorporation of the City of Mobile: passed the ninth day of January 1827 such defaulting juror shall and may be fined by the Mayor or any one of the Aldermen in a sum not exceeding twenty dollars; Provided that a reasonable excuse made on oath by such defaulting juror shall exempt him from the payment thereof.

SEC. 5. And be it further enacted, That all fines accruing under the provisions of this act shall be paid into the Treasury for the use of the City of Mobile.

SEC. 6. And be it further enacted, That the said Mayor and Aldermen of the City of Mobile shall hereafter be elected annually by ballot by the free white male inhabitants of the ages of twenty-one, being freeholders within the City, or who have resided in the City twelve months and paid taxes therein the year preceeding that in which the election shall be held and have rented a tenement or separate room six months immediatly preceeding the election.


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SEC. 7. And be it further enacted, That all acts and parts of acts coming within the perview and meaning of this act, be and the same are hereby repealed.

Approved, December 13, 1827.

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AN ACT, to authorise William Hynes to sell and convey a certain tract of Land therein mentioned and for other purposes.

WHEREAS by the petition of William Hynes of Lawrence it appears that one Burwell B. Williams of the County of Greenville State of Virginia died possessed of the certificate of a certain quarter section of land, to wit: the North East quarter of section thirty five. Township 4 and Range 8 West of Huntsville, which by the last Will and testament of the said Williams he bequathed unto Nancy Hynes, and her heirs the wife and Children of the said William Hynes, and it further appears by said petition that it was necessary for the said Hynes to pay said land out of the office to prevent its being forfeited, and it also, appears by the certificate of the Register of the Land-Office at Huntsville, that the said Hynes has paid said quarter section of land out of the office: and it appears by said petition that it is for the benefit of said Nancy Hynes, and her heirs that the same should be sold, and that it is necessary to sell the same to pay to the said William Hynes the money that he has advanced to clear said land out of the Land Office, therefore,

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That William Hynes of Lawrence Count, be, and he is hereby authorised to sell and convey the South East quarter of section 35, Township 4, Range 8. West of Huntsville and to retain so much out of the sale thereof as he may have actually paid into the Land - Office for the purpose of procuring a title to the same.

SEC. 2. And be it further enacted, That it shall be the duty of the said William Hynes before he proceeds to the sale of said land to enter into bond with approved security in the sum of two thousand dollars payable to the Judge of the County Court of said county, and his successors in office, conditioned to pay over to the heirs of the said Nancy Hynes all money that may arise from the sale of said land, except such as he is authorised to retain as provided in the first section of this act: Provided, that said William Hynes, shall only be entitled to retain, so much out of the proceeds of such sale, as will reimburse the sum paid in cash into the Land-Office, and the sum that he gave for the certificates in which he made payment in part.

Approved, Jan. 12, 1828.

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AN ACT, to declare Canoe Creek in St. Clair county, a Public Highway.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the Creek called canoe creek, situated in the county of St. Clair, and emptying into the Coosa river, be

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and the same is hereby declared a public highway from a certain bridge near the town of Ashville, in said county, to its mouth. Provided, always, that the provisions of this act, shall not be so construed as to affect, or impair any of the vested rights of any individual or individuals, who may own land on said creek.

Approved, January 12th, 1828.

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AN ACT, supplementary to any act, entitled an act, to establish a road from Montevallo, to Greensborough, approved January 12th, 1827.

WHEREAS, the commissioners appointed by an act of the General Assembly of the State of Alabama, entitled an act, to establish a road from Montevallo to Greensborough, approved, Jan. 12, 1827, have failed to discharge the duties required of them by said act. Therefore,

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That John Allen of the county of Shelby; Thomas Crawford and John Boothe, of the county of Bibb; Richard D. Shackleford, of the county of Perry; and E. Clement, of the county of Greene, be, and they are hereby appointed commissioners to view and mark said road, instead of the commissioners mentioned in the before mentioned act, who shall be governed in every respect in laying out said road as prescribed to the commissioners in said act.

Approved, January 15, 1828.

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AN ACT, reviving an act, authorising a Lottery for the benefit of the navigation of the Buttehatchee river.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the act passed on the 18th day of December, 1820, for the improvement of the navigation of the Buttchatchee river, be, and the same is hereby revived for the raising the sum of five thousand dollars to be appropriated as in said act expressed; and that George White, William H. Duke, James S. Ewing, Jabez Fitzgerald, William H. Ragsdale, Lemuel Beene, and Hardy Suttle, be, and they are hereby appointed commissioners to superintend the same, who shall have the same powers, perform the same duties and act under the same regulations and responsibilities as the commissioners appointed in the act of which this is a revival.

Approved, January 10th, 1828.

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AN ACT, to authorise Jesse Lott, to continue a Toll Bridge erected over Dog River, in the county of Mobile; 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 Jesse Lott, be and he is hereby authorised to continue his Toll Bridge erected across Dog River in the county of Mobile for the space of ten years, commencing from the pas-


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sage of this act, and that he be entitled to receive from each and every person crossing said Bridge the same toll as here tofore established.

SEC. 2. And be it further enacted, That so much of the second section of an act, entitled an act "to exempt the members of the Hook and Ladder company in the city of Mobile, from Militia and Patrol duty, and for other purposes; approved January 12th, 1827," as limits the members of said company to twenty-five be, and the same is hereby repealed, and that hereafter the member of said company may be increased to fifty.

Approved, Jan. 12th,1828.