[No. 47.]

AN ACT

For the relief of the purchasers of the University Lands.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That Isaac Lane, Jacob R. Swope, Ruffin Coleman, John Chisholm, Robert Beatty or a majority of them, be and they are hereby appointed commissioners, to value the lands of the university which have heretofore been sold at seventeen dollars and upwards, and which have been declared or feited under the decision of the supreme court of this State provided, that none of the lands, which have heretofore been sold in tracts less than one fourth quarter section, shall be subject to valuation under this act.

Sec. 2.  And be it further enacted, That before entering on the duties to be performed under this act, the said commissioners shall take and subscribe an oath, to assess the value of said lands at their true cash value, at the time of their valuation according to their best judgement, provided that the said lands or any part thereof, shall not be valued at a less price than eight dollars per acre. And the said commissioners shall receive three dollars per day, and at the rate as compensation for their services whilst engaged in valuing said lands, to be paid out of the University fund.

Sec. 3.  And be it further enacted, That said commissioners


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shall proceed as soon as practicable to the valuation of said lands, and return the same to the agent of the University residing nearest to the county in which said lands lie, and which shall be done on or before first day of April next, and upon the receipt of said valuation, the said agent shall give notice thereof in the nearest public newspaper, for one month, of said valuation, and of his readiness to issue certificates under the provisions of this act.

Sec. 4.  And be it further enacted, That in assessing the value of said lands, the said commissioners shall not take into consideration any improvements that have been put upon the same.

Sec. 5.  And be it further enacted, That whenever such valuation shall have been made, and notice thereof given its provided for in this act, the holders of the certificates of the tracts of land so forfeited and valued as aforesaid shall be entitled to have said land, upon their paying to the University of the State of Alabama the price affixed to said tracts respectively in the following manner, to wit: the purchaser shall pay one fourth part of the price at which the land is valued, at the time of closing the contract, with the agent of the University, the residue shall be divided into three equal annual installments, to be secured by note, with two good securities to be approved by said agent; bearing interest at the rate of six per cent per annum, from their date, and payable and negotiable at the bank of the State of Alabama.

Sec. 6.  And be it further enacted, That in all cases where the holders of said certificates of any of, said lands have heretofore paid one half of the principal on said purchase heretofore made, they shall be permitted to take a lease on said tracts as heretofore provided by law.

Sec. 7.  And be it further enacted,  That it shall be the duty of said agent of the University to carry the requisitions of this act into effect as soon as possible; he shall issue certificates of the entry of said lands under this act, and upon the payment of the whole purchase money procure good and sufficient titles to the same.

Sec. 8.  And be it further enacted, That if any of said lands are not taken by the persons entitled  to purchase the same, under the provisions of this act, within sixty days after the notice required to be given by the agent of  the University by the third section of this act, it shall be the duty of said agent to offer the same for sale in such manner as he may think most to the interest of the University, and the valuation of said lands by the commissioners aforesaid shall be the minimum price thereof, and if sales of the same shall be effected by said agent,


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payment thereof shall be made in the same manner as is prescribed by this act for holders of original certificates.

Sec. 9.  And be it further enacted, That all laws, and parts of laws, contrary to the provisions of this act, are hereby repealed.

Approved, January 17, 1834.

[No. 48.]

AN ACT

To amend the Road Laws.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the public roads in this State recognised to be such by the county courts respectively, by their laying them off into precincts and grades, shall be sufficient evidence of  their being public highways.

Sec. 2.  And be it further enacted, That it shall be the duty of the clerks of the county courts, within ten days after the appointment of overseers of roads by the county court to deliver to the sheriff a copy of the order, and should they fail or neglect so to do, they shall forfeit and pay for every such offence the sum of fifty dollars, to be recovered on motion made by the solicitor to the circuit court without the interposition of a jury: Provided however, that in all cases it shall be the duty of the solicitor to give to the clerk two days notice of such. motion.

Sec. 3.  And be it further enacted, That it shall be the duty of the sheriff, within fifteen days after he receives the orders of the appointment of overseers of roads, to deliver a copy of said order to the overseers so appointed, or leave it at his usual place of residence; and within fifteen days thereafter, to make his return to the clerk of the county court=s office. And pay. should any sheriff fail or neglect so to do, he shall forfeit and pay for every such offence the sum of fifty dollars, to be recovered on motion make by the solicitor to the circuit court, as prescribed in the second section of this act.

Sec. 4.  And be it further enacted, That it shall be the duty of overseers of roads, to contract for timber to repair their roads, and if the overseer and the owner of the timber should not agree upon the price of the timber; then and in that case the overseer of the road shall appoint some one disinterested person, and the owner of the timber shall have the liberty of appointing some one else, and if he should neglect or refuse so to do, then the overseer shall appoint two persons, who, after having been first qualified, shall value the timber, and should they disagree upon a price they shall call to their aid a third person whose decision shall be final, and the damages shall be a county charge.

Sec. 5.  And be it further enacted, That so much of an


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act as requires the apportioners of hands to return a list of their apportionments of the county court be and the same is hereby repealed.

Sec. 6.  And be it further enacted, That when two or more persons own the lands on the banks of any river where a public ferry is about to be established, then and in that event, when the owners of the land on each bank apply for a license for such public ferry, it shall and may be lawful for the court to grant a license to either of the applicants in their discretion, as they may deem most conducive to the public good. Provided the successful applicant for such license to keep a ferry shall pay to the owner of the land, which it may be necessary to appropriate to the use of a landing on the opposite banks of any stream on which a ferry may be established, such damages as he may sustain; to be ascertained by the verdict of a jury upon a writ of act ad quod damnum, to be issued by the clerk of the county court of the county in which such land may be situated, requiring the sheriff of the county to summon twelve jurors, who shall be sworn to inquire of and assess such damages; and if any such successful applicant shall fail or refuse to pay the damages thus assessed within thirty days after notice thereof; the court granting such license, shall leave the power to revoke the same, and grant a license to some other applicant.

Sec. 7.  And be it further enacted, That any person to whom a license may be granted to keep a public ferry shall give bond and security as now prescribed by law, and shall every three years renew said bond with security, and on failure of such person failing, to renew his bond; it shall be the duty of the judge of the county court of the county in which such public ferry may be, to revoke the license, and the commissioners court of said county shall grant a license to any person who may apply for the same: Provided, that the county court shall not have power to open or lay out any roads within the corporate limits of the city of Mobile, or apportion hands on any road within the limits of said corporation.

Approved, January 17, 1834.

[No. 49.]

AN ACT

Declaratory of the Law concerning contempts of Court.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the power of the several courts of record of this State to issue attachments and inflict summary punishments, for contempts of court, shall not he construed to extend to any cases except the misbehavior of any person or persons in the presence of said courts, or so near thereto as to obstruct the administration of justice; the misbehavior of any of the officers


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of said courts in their official transactions, and the disobedience or resistance of any officer of the said courts, party, juror, witness or any other person or persons, to any lawful writ, process, order, rule, decree or command of said courts.

Sec. 2.  And be it further enacted, That if any person or persons shall, corruptly, or by threats or force endeavor to influence, intimidate or impede any juror, witness or officer, in any of the courts aforesaid in the discharge of his duty, or shall corruptly or by threats or force obstruct or impede the due administration of justice therein, every person or persons so offending shall be liable to prosecution therefore by indictment, and shall on conviction thereof be punished by fine not exceeding five hundred dollars, or by imprisonment not exceeding three months, or both, in the discretion of the jury trying the offence.

Approved, January 17, 1834.

[No. 50.]

AN ACT

To prevent injury to Rail Roads.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That hereafter if any person or persons shall willfully injure or obstruct any of the rail roads which are now or may hereafter be established in this State, the person or persons so offending shall be held guilty of a misdemeanor, and shall be. punished by fine and imprisonment at the discretion of the jury trying the same, and if any person or persons shall wantonly and maliciously injure or obstruct any of the said rail roads with intention to impede or stop the car, or other vehicles which may be used on such roads, the person or persons so offending shall be fined in a sum not less than one hundred dollars nor more than one thousand dollars at the discretion of the jury trying the same, and shall be imprisoned not less than six months nor more than twelve months.

Approved, January 17th, 1834.

[No. 51.]

AN ACT

Providing for reporting, the decision of the Supreme Court.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That upon the resignation of George N. Stewart, the present reporter of the decisions of the supreme court, such new reporter, as the court may appoint, shall proceed to report and publish, according to law, such decisions and cases of the court as shall be decided after the present January term.

Sec. 2.  And be it further enacted, That it shall be lawful for the said George N. Stewart to proceed to complete and publish as reporter, notwithstanding such resignation, the decisions of the supreme court now in arrear sand yet unpublished,


36

including the cases decided at the present term; for doing which, he shall receive the same compensation as is or may be provided by law, for the payment of the reporter of the decisions of the supreme court, and which shall be paid in the manner now provided by law; and so much of the laws now in force, as provides that one volume only shall be published yearly, so far as the same may contravene the provisions of this act, be, and the same is hereby repealed.

Approved, January 17, 1834.

[No. 52.]

AN ACT

The more effectually to secure the administration of Justice in Criminal Cases.

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 judges of the circuit courts of this State, whenever conviction shall be had in any criminal case, and points reserved as novel and difficult for the decision of the supreme court, to proceed and render judgment on the conviction, but the execution of the judgment shall he suspended, in cases not capital until the next succeeding term of the circuit court rendering the judgment, and the defendant shall be recognized with good and sufficient securities to there appear, and abide the judgment so rendered. And in capital cases, the execution of the judgment shall be suspended to a time not less than twenty-five nor more than forty days after the commencement of the next succeeding term of the supreme court.

Sec. 2.  And be it further enacted, That in all causes where convictions have been had, and points reserved as novel and difficult, for the decision of the supreme court, but no judgment rendered thereon by the circuit court, it shall be the duty of the presiding judge at any subsequent term, if judgment, shall be rendered on such conviction by him, to suspend the execution thereof, in the manner provided by the first section of this act.

Approved, January 17, 1834.

[No. 53.]

AN ACT

For the better regulation of Roads.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That whenever, by the act of incorporation of any town, city, village  or corporation, within this State, the citizens of such town, city, village or corporation shall be exempt from work on the public roads of the county in which the same shall be situated; and the council or municipal authorities of such town, city, village or corporation shall fail or neglect to cause the streets or highways within the same to be repaired or work.


37

ed upon, then and in that case, the court of commissioners of roads and revenue in such county, shall declare such streets or highway as part of the public roads connected with the same, and citizens of any such town, city, village or corporation shall be compelled to work upon them, under the usual penalties and upon the usual mode now provided by law.

Sec. 2.  And be it further enacted, That all laws and parts of laws conflicting with the provisions of this act shall be, and they are hereby repealed.  Provided, that nothing in this act shall be construed to authorize the overseers of any roads, to carry the hands working on the same beyond the precincts allowed by law.

Approved, January 17, 1834.

[No. 54.]

AN ACT

To fix the time of holding the Circuit Court for the County of Madison.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That hereafter, the circuit court, for Madison county, shall commence on the third Mondays in April and October in each and every year, and continue as long as the business may require; and all writs and other process heretofore issued and made returnable at any other time, shall be returnable to the court as now fixed by law, in the same manner as if they had been so issued.

Sec. 2.  And be it further enacted, That all laws contravening the provisions of this act be, and the same are hereby repealed.

Approved, January 17, 1834.

[No. 55.]

AN ACT

Concerning Evidence.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That hereafter, when the testimony of any judge of any of the courts of this State, any clerk of such court or any officer of the United States may be material in any cause in any of the said courts, and whose residence is not of the county wherein the cause may be pending, it shall be lawful to take his deposition: Provided, the party wishing the same, or his agent or attorney make affidavit of his materiality, that he is such judge, clerk or officer, and resides out of the county and give such notice to the adverse party or his attorney, of the time and place of taking the same as the clerk of the said court may prescribe, and upon such affidavit being made, the said clerk shall issue a dedimus for the taking of such deposition, to any person or persons; or said deposition may be taken upon interrogatories filed in the mode prescribed for taking depositions in chancery cases.

Approved, January 17, 1834.


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[No. 55.]

AN ACT

To distribute the funds arising from the sale of the sixteenth sections in the Tennessee Valley.

Section 1.  Be it enacted the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the funds arising from the sale of the sixteenth sections in the Tennessee valley, and deposited in the branch bank at Decatur, shall be loaned to the citizens of the several townships from which they may have arisen, and shall be retained for that purpose until the first day of February in each year.

Sec. 2.  And be it further enacted, That after the first day of February in each year, the directors of said branch bank shall dispose of the above named funds as the other funds of the bank.

Approved, January 17, 1834.

[No. 56.]

AN ACT

To reduce the number of Jurors to be drawn and summoned in future, to attend  the Circuit Court in the County of Fayette.

Section 1  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That hereafter, shall be drawn land summoned in the manner now prescribed by law, thirty-six jurors for each term of the circuit court of the county of Fayette, and no more; any law to the contrary notwithstanding.

Approved, January 17, 1834.

[No. 57.]

AN ACT

To exempt Revolutionary Soldiers from paying Taxes.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That each and every revolutionary soldier in this State, shall he exempt from paying taxes.

Sec. 2.  And be it further enacted, That the oath of the party made before an acting justice of the peace, shall be sufficient evidence of his revolutionary services: Provided, the party affirming procure one or more of his credible neighbors, who will testify to his general good character as an honest and truth-telling man.

Approved, January, 17, 1834.

[No. 58.]

AN ACT

To amend the Militia Laws of this State, so far as they relate to the fifteenth Regiment in Jefferson County.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the several beat companies of the fifteenth regiment of Alabama militia, in Jefferson county, shall hereafter hold four company musters in each and every year, instead of two company musters as now required by law; and it shall be the


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duty of each non‑commissioned officer and private, belonging to said fifteenth regiment, to appear at the several company, battalion and regimental musters duly equipped with a gun of some description:  Provided, he owns one, and on his failure to do so, shall be subject to a fine of fifty cents.

Sec. 2.  And be it further enacted, That there shall be elected to each beat company, in said fifteenth regiment, a second lieutenant, in addition to the other beat officers now required by law; and the captains or commanding, officers of said beats, shall, as soon as practicable after the passage of this act, cause said offices to be filled by election as in case of other vacancies of company officers; and also to be filled from time to time in like manner as vacancies may occur: and the governor, when duly notified of said elections, shall issue his commission to the persons elected, as he is in other cases required to do by the militia laws of this State.

Approved, January 18, 1834.

[No. 59.]

AN ACT

To fix the fees of County Surveyors.

Section. 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the following compensation shall be allowed and taken by county surveyors, and no more for services rendered by virtue of their offices, to wit: for every single plat and calculating contents, with certificate of contents annexed, two dollars; for every days attendance in making any survey, four dollars; for every adjoining plat with notes of reference, fifty cents; for every additional plat with certificate of survey and notes of reference, where there are not more than three plats contained in said survey, one dollar; for every additional plat in said survey, twenty‑five cents; for surveying a town lot, two dollars; for each adjoining lot, one dollar.

Approved, January 18, 1834.

[No. 60.]

AN ACT

Authorizing and requiring the assessor and Tax Collector of the County of Bald win, for the year 1834, to assess and collect the taxes that were due from said County, for the year 1833, 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 assessor and tax collector for the county of Baldwin, for the year one thousand eight hundred and thirty-four, be, and he is hereby authorized and required to assess and collect the taxes that was due from said county of Baldwin, for the year one thousand eight hundred and thirty‑three, under the same rules, regulations and restrictions, as though they had been collected at the proper time as prescribed by law.

Sec. 2.  And be it further enacted, That if there should be


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no assessor and tax collector elected for the county of Baldwin, for the present year, 1834: and in that case, it shall be the duty of the sheriff of said county, to proceed and assess and collect the taxes due from said county, for the years 1833 and 1834, under the same rules, regulations and restrictions and to be governed in all respects by the same laws as the assessor and tax collector would have been, if he had been duly elected agreeably to the laws on that subject, and shall be entitled to the same fees as the assessor and tax collector would have been, any law, usage or custom to the contrary not with- standing.

Approved, January 18, 1834.

[No. 61.]

AN ACT

To regulate the mode of computing Interest in certain cases.

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 lawful for the several banks of this State, to computing their discounts or interest upon loans or notes, to calculate interest at the rate of thirty days for a month, or three hundred and sixty days to the year; and on all fractions, according to the standard of Rowlett=s table of interest.

Approved, January 18, 1834.

[No. 62.]

AN ACT

To authorize and require the President and Directors of the Bank of the State of Alabama, to pay off the certificates of State Stock issued in conformity of a law of 1823.

Section 1.  Be it enacted by the Senate anal 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 authorized and required to lay off the certificates of State stock, issued in conformity to a law of eighteen hundred and twenty‑three, for the sum of one hundred thousand dollars, out of the capital stock of said bank, when the same fall due.

Approved, January 18, l834.

[No. 63.]

AN ACT

To make valid the act of the commissioners appointed to locate the Seat of Justice, in the County of Barbour.

WHEREAS, doubts have arisen in the county of Barbour, concerning the legality of the act of the commissioners appointed for the purpose of making the location of the seat of justice in said county; inasmuch as the said act required them to meet on the first Monday in February last, which last requisition was not complied with according to the provisions of said act;. but in perfect accordance with every other provision, therefore.

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


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convened, That the act of said commissioners is to all intents and purposes, as valid as though they had met on the date set forth in the above recited act.

Approved, January 18, 1834.

[No. 64.]

AN ACT

To repeal in part an act now in force, confining the collecting of debts before a Justice of the Peace, in the beat where the contract was made.

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 regards the counties of Jefferson, Madison, Lauderdale, Blount and Limestone be, and the same is hereby repealed.

Approved, January 18, 1834.

[No. 65.]

AN ACT

To prevent Directors of Banks from acting as Attorneys for Banks.

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 not be lawful for any director or the partner in the practice of law of a director of the bank of the State of Alabama or any of its branches, to act as attorney at law, or proctor for or on behalf of any such bank, of which he may be a director as aforesaid.

Approved, January 18, 1834.

[No. 66.]

AN ACT

To reduce the number of days that hands shall be subject to work on public Roads in the County of Blount, 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 from and after the passage of this act no hand now subject to work on any public road in the county of Blount, shall be compelled to work more than six days in each and every year: Provided  however, that if any public road in said county may require more than six days to keep the same in repair, then in that case the hands subject to work on said road shall be liable to work the same number of days that are now required by law.

Sec. 2.  And be it further enacted, That no hand shall be compelled to work on any public road in the county of Blount at a greater distance from his residence than four miles to the nearest point on said road, to which he may be appointed, provided, however that all hands subject to work on a public road shall be appointed to the nearest public road to which they may reside, and who shall pay the sum of seventy five cents per day, for every day that his overseer may cause his hands to work on said road, to be paid into the hands of his overseer, to be appropriated to the hire of hands to work on said road, and which


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sum if so refused to be paid over to said overseer within six days after the working of said road shall be collected with all costs in like manner as other fines are collected, for nonperformance of service on other public roads in this State, as now pointed out by the present existing laws; and, provided further, that any hand living at a greater distance than four miles from the nearest point of said road, to which he may be appointed, shall have his choice of working on said road in lieu of paying the aforesaid sum.

Sec. 3.  And be it further enacted, That all laws and parts of laws contravening the provisions of this act so far as it relates to the county of Blount, be and the same are hereby repealed.

Approved, January 18, 1834.