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[No. 33]

AN ACT

To change the time of holding the Circuit Courts of the second Judicial Circuit

Section 1.  Be it enacted by the Senate and House of Re-


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presentative of the State of Alabama in General Assembly convened, That from and after the passage of this act, the circuit court in the second judicial circuit shall be held in the county of Wilcox, on the fourth Monday in March and September, and shall continue in session for two weeks, unless the business shall be sooner disposed of; of Lowndes, to commence on the second Monday after the fourth Monday in March and September and continue in session one week; of Autauga to commence on the third Monday after the fourth Monday in March and September and continue in session one week; of Bibb, to commence on the fourth Monday in March and September and continue in session one week; of the county of Perry, to commence on the fifth Monday after the fourth Monday in March and September and continue in session one week; of the county of Dallas; to commence on the sixth Monday after the fourth Monday in March and September and continue in session until all the business of said terms shall be disposed of.

Sec. 2.  And be it further enacted, That all writs, recognizances and subpoenas, and process of every discription, civil and criminal, now or hereafter made returnable to any of the above courts, as now established by law, shall be deemed and taken to be returnable to the several courts as hereby established.

Sec. 3.  And be it further enacted, That all laws, contravening the provisions of this act, be and the same are here by repealed.

Approved, January 16, 1834.

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[No. 34.]

AN ACT

To amend the Charters of the Branches of the Bank of the State of Alabama, at Decatur and Montgomery.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That in addition to the powers heretofore granted said banks, the president and directors shall have power to discount notes that have from six to nine months to run, at a rate of interest not to exceed seven per cent per annum, and all notes, that have from nine to twelve months to run, may in like manner be discounted at a rate of interest not to exceed eight per cent per annum.

Sec. 2.  And be it further enacted, That the sum of four thousand and fifty-one dollars and fifteen cents be appropriated out of the funds of the branch bank at Montgomery, and the sum of three thousand dollars be appropriated out of the funds of the branch bank at Decatur, to complete the payments that may be due for the erection of the banking houses


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at Montgomery and Decatur, and any balance that may be due on the purchase of the lots for the erection of the same.

Approved, 16th January, 1834

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[No. 35.]

AN ACT

To amend the Charter of the Branch of the Bank of the State of Alabama at Mobile and also that of the Bank of Mobile.

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 third section of an act entitled an act to establish a branch of the bank of the State of Alabama at Mobile, approved 4th December, 1832, as prohibits the president and directors from discounting any note, bill or bond, unless it be made negotiable and payable in said bank, and so much of the last proviso in the ninth section of an act entitled an act to establish a bank in the town of Mobile, passed November 20th, 1818, as prescribes, that no note, bill or bond shall be negotiable at said bank, unless it shall be so expressed on the face of said note, bill or bond, be and the same are hereby repealed.

Sec. 2.  And be it further enacted, That if any person or persons shall be indebted to either of said banks as maker or endorser on any note, bill or bond expressly made negotiable and payable at any bank within the city of Mobile, and shall delay payment thereof, it shall be lawful for either of the aforesaid banks which may be the bona-fide owner of any such note, bill or bond, to recover judgment on the same in the manner and form now provided for in the respective charters of said banks, any law or usage to the contrary notwithstanding: Provided, That any such note, bill or bond shall not be protested for non-payment, until it shall have been presented to the bank for payment, where it is expressly made payable.

Approved, January 16, 1834

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[No. 36.]

AN ACT

To increase the Capital Stock of the Bank of Mobile, and to extend the Charter, and supplemental to the act, entitled an act, to establish a Bank in the town of Mobile; passed 20th November, 1818.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the amount of capital stock of the Bank of Mobile, as was limited and established by the first section of an act, to be entitled an act, to establish a bank in the town of Mobile, passed 20th November, 1818, and which declares that it shall not exceed the sum of five hundred thousand dollars, divided into five thousand shares, of one hundred dollars each, shall, from and after the passage of this act, be increased to one million five hundred thousand dollars, divided into fifteen


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thousand shares of one hundred dollars each, two fifth parts whereof shall be reserved for the State of Alabama.

Sec. 2.  And be it further enacted, That for the purpose of raising the amount of said increased capital stock of the said bank, books of subscription shall be opened in the city of Mobile on the first Monday of May next, under the superintendance of three commissioners, to be appointed by the Governor of this State, and shall remain open at least thirty days; and until the sum of two hundred thousand dollars shall be subscribed; provided always, that the president and directors shall have power at all times thereafter, by giving at least sixty days notice in any newspaper printed in said city, to open subscriptions for stock, until the whole capital of one million five hundred thousand dollars shall be subscribed, excluding there from the said two fifth parts thereof reserved to the State as aforesaid. And provided also that no person, co-partnership, or body corporate, shall subscribe for more than thirty shares within the first six days after the subscription shall at any time be opened, and the said directors or superintendants are hereby authorized and required to administer an oath, to any, and every person subscribing, that he, she or they, have not subscribed, and are not directly, or indirectly subscribing for a greater number of shares within the aforesaid time than is hereby limited. And provided further, That books shall be opened at the towns of Florence, Montgomery, Tuscaloosa, and at the town of Huntsville, on the first Monday in May next, and continue open one month, and no longer, under the superintendance of three commissioners, at each place to be appointed by the Governor, to open books of subscription for one hundred thousand dollars at each place, in any sums that those desiring to subscribe may apply for. The subscribers to said stock at Huntsville, Montgomery, Florence and Tuscaloosa, are hereby required to pay one fourth part thereof, at the time of subscribing, and all other and further payments shall be made at Mobile, as provided for in the 3rd section of this act: provided further, that the said commissioners shall with as little delay as practicable, forward said books and money to the president and directors of the bank at Mobile.

Sec. 3.  And be it further enacted, That the payment of the said subscription shall be made and completed by the subscribers, at the times and in the manner following, to wit: one fourth part thereof at the time of subscription; one fourth part thereof in three months thereafter, and the remaining half in two equal instalments, at nine months, and twelve months thereafter.

Sec. 4.  And be it further enacted, That the term and


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period of time of the present charter of the bank of Mobile aforesaid, which by its own limitation will expire on the first day of January, 1839, shall hereby be extended: and the subscribers to said bank, their successors and assigns, shall continue to exist and remain, from and after the termination of the time of their present charter of incorporation by the name and style of the President and Directors and Company of the Bank of Mobile; and shall continue until the first day of January, 1859, with all the powers, rights, privileges and immunities, accorded and extended to them by the provisions of the fourth section of the said entitled act, to establish a bank in the town of Mobile, and subject to all the prohibitions and restrictions contained in the provisions of the said last mentioned section of the said act.

Sec. 5.  And be it further enacted, That for the better management, government and direction of the affairs of said corporation during the period of time the extension and prolongation of the said charter, as aforesaid; all and singular the provisions of the said entitled act, to establish a bank in the town of Mobile, passed November 20th, 1818, so far as the same may be applicable, which are not repugnant to, or which may not conflict with the provisions or subsequent sections of this act, shall be and they are hereby expressly declared, to be and remain in full force and effect in the same manner as if incorporated in direct and express language, herein.

Sec. 6.  And be it further enacted, That the said corporation shall not hereafter take, or receive more than at the rate of the following per centum per annum, for or upon its loans or discounts, that is to say: upon promissory notes discounted by the said bank of Mobile, made negotiable and payable at any bank within the city of Mobile, and not having more than six months to run, at a rate of interest not to exceed six per centum per annum, and upon promissory notes made negotiable as aforesaid and payable after six, and not having more than nine months to run, at a rate of interest not to exceed seven per centum per annum, and upon all notes made negotiable and payable as aforesaid, and payable after nine months, and not exceeding twelve months, at a rate of interest not exceeding eight per centum per annum.

Sec. 7.  And be it further enacted, That it shall and maybe lawful, for the governor of this State to appoint, annually, three commissioners, for the examination of said bank, who shall within two months immediately preceding the annual meeting of the legislature, proceed to the said bank, and there examine all books, papers and accounts in the said bank, that the said commissioners or a majority of them may think proper


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and material for the better understanding of the condition of the said bank, and also the cash on hand.

Sec. 8.  And be it further enacted, That it shall be the duty of the president and directors, and all officers of said bank to furnish, said commissioners when examining the affairs of said bank information, and they shall moreover be bound to answer any interrogatory put to them by the said commissioners, which may be deemed material to the subject matter of their investigation.

Sec. 9.  And be it further enacted, That the commissioners may select their own time for the examination of said bank, and they shall report to the legislature any violations of said charter: and they shall receive for their services five dollars for each any every day they may be engaged in such examination, and to be paid by said bank upon the certificate of the president thereof, stating the time served by each commissioner respectively.

Sec. 10.  And be it further enacted, That the Governor, comptroller, treasurer of the State and president of the bank of the State of Alabama, whenever authorized so to do by law shall have power to issue certificates of State stock, for the two fifths of the capital stock hereby reserved, bearing an annual interest not to exceed five per cent per annum, made payable to the president, directors, & co. of the bank of Mobile and their assigns, redeemable at the expiration of said charter, and whenever said certificates of State stock shall be issued; the Governor shall have power to appoint directors as is expressed in the 12th section of the act incorporating the subscribers to the bank of Mobile, to which this is supplemental.

Sec. 11.  And be it further enacted, That in consideration of the powers, privileges and extension of said charter, and in lieu of all taxes for the period of twenty years, from and after the first of January 1839B the president, directors & Co. shall pay a bonus of one hundred thousand dollars into the treasury of the State of Alabama, which bonus shall paid be paid in equal annual instalments, on the first day of January in each and every year, during the continuance of said charter.

Sec. 12.  And be it further enacted, That all acts and parts of acts, so far only, as the same shall or may conflict with the provisions of this act be, and the same are hereby repealed.

Approved, January 16th, 1834

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[No. 37.]

AN ACT

To ratify and confirm the acts of the Commissioners of the 16th section, 6th range and township 7.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assem-


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bly convened, That the acts of the Commissioners of the 16 section of township 7, and range 6, west of the basis meridian of  Huntsville, in selling forty acres of said section in town lots be and they are hereby ratified and confirmed.

Approved, January 16, 1834

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[No. 38]

AN ACT

Making it the duty of the Sheriff Coroner or other Officers holding the election of the different Counties in this State, to take the sense of the people in relation to the expediency of establishing a Penitentiary.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That it shall be the duty of the sheriff, coroners or other officers holding the election in the different counties in this State, to advertise at the time they advertise for the election of members of the general assembly, that at said election, they will take the sense of the voters of said county, as to the expediency of establishing a penitentiary.

Sec. 2.  And be it further enacted, That at said election, it shall be the duty of the several sheriffs, coroners or other officers, holding the election of their different counties, to put the question to each voter: are you in favor of a penitentiary? and the said sheriff, coroner or other officer shall cause a fair registration of the answers of the electors , to be made by the clerk of the election, stating how many votes are in favor and how many against the expediency of establishing a penitentiary.

Sec. 3.  And be it further enacted, That if any sheriff, coroner or other officer shall fail or refuse to perform the duties required of them by this act, he shall forfeit and pay into the treasury of the State, the sum of two hundred dollars ; and on their failure so to do, it shall be the duty of the solicitor of the circuit, to institute suit against said sheriff, coroner or other officer, in the name of the treasurer of the State; and if the failure to perform the duties prescribed by this act as established, it shall be the duty of the circuit court of the proper counties, to give judgment against said sheriff, coroner or other officer holding the election, or their securities for the penalty aforesaid, on which execution may issue

Sec. 4.  And be it further enacted, That it shall be the duty of said sheriff, coroner or other officer holding the election, within sixty days after the election, to make out a fair statement of the votes of their counties and send the same by mail certified under their hands and seals, directed to the secretary of State, and the receipt of the post-master, at the court-house of the county, shall be evidence that said returns have been forwarded.

Approved, January 17, 1834


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[No. 39.]

AN ACT

To amend the Charters of the several Branch Banks in this State.

Section 1  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That hereafter, it shall be the duty of the president and directors of the several branch banks belonging to this State,  to cause statements to be made out of all persons indebted to the same by bill of exchange or notes, noting particularly, those under protest and in suit, and arranging the names under the head of the counties in which the parties reside; also the date of their notes and bills of exchange and the time that suit was commenced, and transmit the same during the first week of the session, to the president of the State Bank, to be laid before the joint examining committee, whose duty it shall be to cause the members from the respective counties to examine  and report on the same.

Approved, January 17, 1834

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[No. 40.]

AN ACT

Supplementary to an act, passed at the present Session of the General Assembly entitled an act, to apportion the Representatives among the several Counties in this State, and to divide the State into Senatorial Districts, according to the late Census.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the sheriffs of the counties of Dale, Macon Shelby, Talladega and Russell, shall be the returning officers of their respective representatives districts, and that the sheriffs of the other counties of the said districts shall make returns to said returning officers within ten days after each election for representatives in said districts.

Approved, January 17, 1834

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[No. 41.]

AN ACT

To prevent the introduction and sale of Lottery Tickets in this State.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That no person or persons, shall hereafter exhibit and offer for sale, any lottery ticket within this State, unless authorized by law of this State ; and if any person or persons either by themselves or their agents, shall exhibit and offer for sale any lottery ticket, contrary to the provisions of this act, each person concerned therein, shall forfeit and pay the sum of five hundred dollars, to be recovered by indictment in the circuit court.

Sec. 2.  And be it further enacted, That if any justice of the peace, on his own view of the offence, or by information on oath of one or more creditable witness or witnesses, shall be satisfied that any person or persons, are exhibiting and offering for sale any lottery ticket or tickets, within his said county,


28

contrary to the provisions of this act, he is authorized and required to issue his warrant against any such person or persons, and have him her or them brought before him ; and shall compel any and every person or persons, concerned therein, to enter into a recognizance in the sum of one thousand dollars, with two good and sufficient securities, to appear at the next circuit court, to be holden in and for his said county, to answer such charges and in case any person taken up, as aforesaid shall fail to give security required by this act, he shall be committed to jail.

Sec. 3.  And be it further enacted, That all acts, contravening the provisions of this act be, and the same are hereby repealed:  Provided, this act shall not be in force, until from and after the first day of March 1834.

Approved, January 17th, 1834

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[No. 42.]

AN ACT

To extend to the Warrior Guards certain privileges granted to the Cahawba Guards, by an act passed 28th December, 1831

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the seventh section of the act to incorporate the Cahawba guards, passed the 28th of December, 1831 be and the same is hereby extended to the Warrior guards.

Approved, January 17, 1834

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[No. 43.]

AN ACT

To define and mark the line between the Counties of Greene and Pickens

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened,  That the county surveyors, for the counties of Greene and Pickens, be and they are hereby appointed and authorized to run, define and mark the line between the counties aforesaid; commencing at the corner of the counties of Tuskaloosa, Greene and Pickens, thence north along or parallel with the lines of the old surveyors, two hundred and twenty yards; thence west parallel with the township line, dividing townships 23 and 24 to the Sipsy river.

Sec. 2.  And be it further enacted, That it shall be the duty of the county surveyor of the county of Greene, to give at least twenty days notice to the county surveyor of the county of Pickens, of the time and place of beginning, and in case of the failure of either one to attend at said appointed time and place, the one in attendance may proceed to define the said line in the manner herein before directed.

Sec. 3.  And be it further enacted, That the chain carriers and marker shall be and they are hereby allowed one dollar and fifty cents per day each; to be paid jointly by each county out given.


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of any monies in their respective county treasuries not otherwise appropriated upon producing their certificate of the surveyor or serveyors.

Approved, January 17th, 1834

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[No. 44.]

AN ACT

To authorize the Judges of the County Courts to Emancipate Slaves

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That whenever the owner or owners of any slave or slaves shall be desirous of emancipating such slave or slaves such owner or owners shall make publication in some newspaper, printed within the county where such slave or slaves reside, (or if there be no paper printed in said county, then in the nearest paper thereto, ) for at least sixty days previously to the making application, in which, shall beset forth the time and place that such, application will be made, together with the names and description of the slave or slaves sought to be emancipated; and at the time appointed, the judge of the said county court may, upon petition filed, proceed to hear and determine upon the application so made, and if, in his opinion, the said slaves should be emancipated, in consideration of long, faithful and meritorious services performed, or for other good and sufficient cause shewn, the said judge may proceed to emancipate and set free such slave or slaves ; and the clerk of the said court shall make record of the same in a book to be kept by him for that purpose: Provided, that such slave or slaves shall remove without the limits of this State, within twelve months after such emancipation never more to return; and the such emancipation shall not take effect until after such removal.

Sec. 2.  And be it further enacted, That if the said slave or slaves shall return within the limits of this State, after such removal and emancipation, he, she or they shall be subject to be apprehended by the sheriff of the county within which the same may be found and imprisoned ; and after having advertised the same for at least thirty days, may be sold to the best bidder for cash, as slaves for life ; and the proceeds of such sale after paying all expences, shall be paid into the county treasury for the use of said county.

Sec. 3.  And be it further enacted, That it shall be the Sheriffs and duty of all sheriffs, constables and patrols to apprehend slaves who shall return within the limits of the State, after having been so emancipated and removed, and bring them before some justice of the peace, who shall commit them; and the same compensation shall be allowed in such cases as is for apprehending runaway slaves.

Sec. 4.  And be it further enacted, That nothing in this


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act contained, shall be so construed as to prejudice the rights of the creditors of the owner or owners of slaves so emancipated.

Approved, January 17, 1834

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[No. 45.]

AN ACT

To repeal in part an act entitled an act, to regulate the rate of interest, passed December 17, 1819

Section 1  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That all contracts whatsoever, which may hereafter be made, to take directly or indirectly for the loan of any money , wares, merchandise, bonds, notes of hand or other commodities whatsoever, above the value of eight dollars, for the forbearance of one hundred dollars for one year, and after that rate for a greater or less sum, or for a longer or shorter time, and all bonds, contracts, covenants, conveyances or assurance hereafter to be made for payment or delivery of any money, goods, wares or merchandise so to be lent, or which a higher rate of interest is received or taken, shall be void and of no effect for the whole interest only, but the principal sum of money or the value of the wares, merchandise, bonds, notes of hand, or other commodities whatsoever, shall be recoverable upon all the bonds, contracts, covenants, conveyances or assurances aforesaid.

Sec. 2.  And be it further enacted, That the second section of the act against usury above named, and every other part of said act not contrary to the first section of this act, shall be and remain in full force.

Approved, January 17, 1834

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[No. 46.]

AN ACT

For the temporary relief of certain persons, indebted to the Bank of the State of Alabama.

WHEREAS, certain persons citizens of this State, employed one Erasmus Walker, as their agent in the transaction of business with the bank of the State of Alabama at Tuscaloosa the said Walker received considerable sums of money as agent, and appropriated the same to his own use; the said agent is wholy unable to refund the said money ; the persons for whose benefit the money was intended never discovered the bad faith with which their agent had acted, until it was too late to avoid the consequences of their misplaced confidence. 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 president and directors of the bank of the State of Alabama, be and they are hereby required to extend the time of payment of the several debts due to said bank from persons who never received the money to which they were entitled, in consequence of Erasmus Walker having received the same as agent, and applied it to his own use.


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Sec. 2.  And be it further enacted, That the payment of the several debts mentioned in the first section of this act, shall be make in four annual instalments from the first day of January 1834; Provided, that the said debtors shall execute their several notes with security payable to the president and directors of the bank, and to be approved by them, which notes shall carry interest from their date, and shall be collected in the same manner as other notes due to the bank of the State of Alabama.

Sec. 3.  And be it further enacted, That the provisions of the act shall extend to Jacob Vanzant and Samuel Roman, upon their complying with the requisitions of the second section of this act.

Sec. 4.  And be it further enacted, That any person who has or may hereafter advertise himself as an agent to transact business in the bank of the State, or any of its branches, shall apply any money to his own use that he may receive as such agent, shall thereafter be incompetent to hold any office of profit or trust in this State, and shall moreover be subject, to twelve months imprisonment in the common jail of the county in which the offence may be committed, without bail or mainprise.

Approved, January 17th, 1834.