[No. 67.]

AN ACT

For the punishment of certain offences committed upon the Territory ceded by the Creek Tribe of Indians to the United Suites of America.

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, that if any person or persons whomsoever shall forcibly or peacefully, enter upon or take possession of any tract or tracts of land within this State, and within that portion of Territory ceded by the creek tribe of Indians, by the provisions of the creek treaty of the 24th March, 1832, to the United States of America, and which according to the provisions thereof are set apart, and are to be distinguished as Indian sections, and reservations, without having previously made a contract with the person or persons entitled to the possession of such section or reservation of land according to the provisions and requisitions of said treaty, the person or persons, so offending, shall be proceeded against by indictment in the circuit court of the county in which such Indian selection or reservation may lie, and upon conviction thereof shall be sentenced by the said court to pay a fine not exceeding one thousand dollars, nor less than two hundred and fifty dollars, to go to the use of the county in which such case or cases may be tried, and upon his her or their failure or inability to comply with such sentences, he she or they shall be committed to the common jail of the county in which such conviction may be had, there to remain without bail or mainprise, and shall not be discharged there from until the end and expiration of three calendar months from the time of such commitment; unless the sentence of the said court shall in the interim be complied with; and upon every conviction it shall be the duty of the court before which the same may be had, to order and direct the sheriff of the proper county to put the person or persons entitled to any such selections or reservation of


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land so trespassed upon, as aforesaid with the immediate possession of the same.

Sec. 2.  And be it further enacted, That it shall hereafter be the duty of the presiding judge of the circuit courts of the counties Barbour, Macon, Russell, Chambers, Tallapoosa, Coosa, Randolph, Talladega and Benton, at each and every term of the of the said circuit courts, to give this act specially in charge to the respective grand juries thereof.

Approved, January 18, 1834.

[No. 68.]

AN ACT

To abolish and establish certain election precincts therein named.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the election precincts heretofore established by law at the places following, are hereby abolished and discontinued, to wit: at Henry Brazeltons in the county of Madison; at the house of E. Burrows in Dallas county; at the house of James Stephenson in the county of Wilcox; at the house of Green B. Hobby and ___ Mynis in the county of Pickens; at Robinson=s store and at Hay=s Hill in the county of Lowndes; and at the house of Edmond Strange; at the house of John Wofford; and at the house of John Haram, in the county of Limestone; at Bainbridge in the county of Franklin; at the house of James Spencer, in the county of Blount; at the house of John D Rogers; and at Allen Glover=s store, in the county of Sumpter; at the house of Jesse Harris, in the county of Benton; at the house of Thomas Warren; and at the house of Seaborn Lewis, in the county of Barbour;  and at the house of Irvin Calfie, in the county of Bibb; at the house of George Johnson deceased, in the county of Greene; at the house of William Robb, in the county of Conecuh; at the house of Jacob Lanes; at the house of Mason Cole; and at the house of Thomas M=Adams, in the county of Pike; at the house of Madam M=Kensey, on Bonseware in the county of Baldwin; at the house of J. Chisolm in spring hill in the county of Mobile; at the house of John H. Martin, on Turkey creek in the county of Marengo; at the house of Robert C. Wilson, in the county of Talladega.

Sec. 2.  And be it further enacted, That election precincts be and they are hereby established at the following places, to wit: one at the house of James Drennen; one at the store of William Morris, in the town of Mardisville; one at the store of Walker & Readle; and one at the house of Levi D. Coleman, in the county of Talladega; one at the house of Stephen Clayton; one at the boiling spring; and one at the plumb spring, in the county of Benton; one at the house of Giles Carte, in the county of Henry; one at the house of Henry Black; and one at


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the house of Levi Dawland, in the county of Dale; one at the house of James M. Howard; and one at the store of Neall & Haynes, in the county of Lowndes; one at the house of Charles Bensler, in the county of Washington, one at the house of W.A. Henry, in the county of Pickens, one at Barboursville, in the county of Wilcox; one at the mill-house of Samuel Murry; and one at the house of Thomas Haynes, in the county of Perry; one at the store house of John T. Primon, in the county of Dallas; one at the house of Webb Kidd; one at the house of William Vardyman on eat the house of Richard B. Coleman; one at the House of Ezekiel Henry; one at the house of Michael Hinckle; and one at the house of William Morris, in the county of Chambers; one at the house at the house of John Springer in the county of Tuscaloosa; one t the muster ground of Nathaniel W. Bush; and one at the store house of Franklin Armstrong; for the county of Montgomery; one at the house of Lewis Goffe; and one at the house of James W. King, at Spring Hill, in the county of Mobile; one at he house of Augustus Lecoart, on Boneswar in the county of Baldwin; one at the house of Bird Fitzpatrick, in the county of Macon; one at the house of James Hathorn; and one at the house of John T. Morrison, in the county of Randolph; also one at the house of Richmond Nod, in the said county of Randolph; one at the house of Alfred Mahon; one at the house of Solomon Robins; one at the house of Hugh M=Million; one at the house of George Taylor; one at the house of Thomas Walstin, in the county of Coosa; one at the house of Betsey Pack; one at the house of Stephen Newman; one at the house of Alexander M=Farlane; and one at Cotton Scraper, in the county of Jackson; one at the house of Robert Sims; one at the house of Jesse Jones; one at the store house of Small & Pierce, in the county of Pike; one at the store house of T. R. Watts, in the county Conecuh; one at the store house of William Kennedy; one at the house of Captain Robert Bell, and one at the house of James Derden; and one at the store house of Hemphill & Tindall, in the county of Greene; one at the house of John Calfie, sen., in Bibb county; one at the house of S.F. Keener, in Township thirteen, range twenty five; and one at Clayton, in the county of Barbour; one at the house of Robert Brown, in the county of Benton; one at the store house of William Kirk; one at the town of Wetumpka; one at the town of Washington; one at James Samples mill; and one at M=Galls store on Buck Creek, in the county of Autauga; one at the house of Joel Holbert; one at the house of Creed Taylor; one at the house of James R. Jones; and one at the house of William Adams, in the county of Limestone; one at the house


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of Asa Cobb; and one at the house of Branley Sugg, in the county of Franklin; one at the house of James Childress, in the county of Blount; one at the store house of Benjamin F. Logan; one at Patton=s store; one at Jones Bluff; one at Bagly=s mill; one at Mount Pleasant, in the county of Sumpter; one at the house of Henry M=Coy; one at the house of John Littlefield; one at the house of Reuben Arnold; one at the house of William B. Russell; one at the house of Israel Standifer; and one at the house of Lewis S. Riggs; and one at the house of James Thomason, in the county of St. Clair.

Sec. 3.  And be it further enacted, That additional election precincts are hereby established at the following places, to wit: one at the house of Ransom Davis, in the county of Dallas; one at the house of William Reynolds, in the county of Jackson; and one at he house of David Martin, in the county of Lawrence; one at the house of William Cooper, in the county of Montgomery; and one at the house of Drury Spain, in the county of Russell.

Sec. 4.  And be it further enacted, That the election precinct heretofore established at the house of Byrd Lenthecum, in the county of Lawrence, be and the same is hereby discontinued.

Approved, January 18, 1834.

[No. 69.]

AN ACT

To provide for the printing and distribution of the Laws and Journals of 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 State printer, annually, to print in manner and within the times now required by law twenty five hundred copies of the acts and resolutions of the general assembly, and one thousand one hundred copies of the journals of the house of representatives; and eight hundred and twenty-five copies of the journals of the senate, which when printed, shall be distributed in all respect as now provided by law.

Sec. 2. And be it further enacted, That the annual compensation of the State printer shall hereafter be twenty eight hundred dollars, to be paid as now provided by law.

Approved, January 18, 1834.

[No. 70.]

AN ACT

To fix the salaries of the several Bank Officers.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That hereafter the following salaries shall be paid to the officers in the bank of the State of Alabama and its several branches, to wit: to the president of the bank of the State


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of Alabama, one thousand dollars per annum; to the president of the branch bank at Montgomery, one thousand dollars per annum; to the president of the branch bank at Decatur, one thousand dollars per annum; to the president of the branch bank at Mobile, two thousand dollars per annum; to the cashier of the bank of .the State of Alabama, two thousand dollars per annum; to the cashier of the branch bank at Montgomery, eighteen hundred dollars per annum; to the cashier of the branch bank at Decatur, eighteen hundred dollars per annum; to the cashier of the branch bank at Mobile, twenty five hundred dollars per annum; to the teller of the bank of the State of Alabama, twelve hundred dollars per annum; to the teller of the branch bank at Montgomery, twelve hundred dollars per annum; to the teller of the branch bank at Decatur, twelve hundred dollars per annum; to the teller of the branch bank at Mobile, sixteen hundred dollars per annum; to the book keeper of the bank of the State of Alabama, one thousand dollars per annum; to the book keeper of the branch bank at Montgomery, one thousand dollars per annum; to the book keeper of the branch bank at Decatur, one thousand dollars per annum; to the book keeper of the branch bank at Mobile, twelve hundred dollars per annum; to the discount clerk of the bank of the State of Alabama, one thousand dollars per annum; to the discount clerk of the branch bank at Montgomery, one thousand dollars per annum; to the discount clerk of the branch bank at Decatur, one thousand dollars per annum; to the discount clerk of the branch bank at Mobile, twelve hundred dollars per annum; to the runner of the branch bank at Mobile, six hundred dollars per annum.

Sec. 2.  And be if further enacted, That the salaries of the aforesaid officers shall be paid by their respective banks, in quarter yearly payments out of the profits of the same; and no other perquisites or emoluments shall be allowed or paid to any officer for extra services, traveling expenses excepted, when on the business of the bank.

Sec. 3.  And be it further enacted, That, the salary of the teller, of the branch bank at Decatur, shall commence on the 13th day of March, 1833; the other officers of the branch banks at Decatur and Mobile, when they entered upon the discharge of their respective duties.

Approved, January 18, 1834.

[No. 71.]

AN ACT

To amend the charter of the bank of the State of Alabama and its several branches.

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 lawful for the president of the branch of the bank of the State


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of Alabama, located at Montgomery, to collect the debts due the said branch in the same manner, and in the same courts in the county of Montgomery, as is now prescribed by law for the collection of the debts of the mother bank.

Sec. 2.  And be it further enacted, That the president, directors, cashier and all other officers of the bank of the State of Alabama and its several branches, shall take and subscribe the following oath in addition to the one now prescribed by law, before entering on the duties of their several offices, to wit: I A B do solemnly swear or affirm, as the case may be, that I will not, during the time for which I have been elected as or may serve as in said bank or branch bank, bet at any gaming table, such as cards, dice, billiards, or any table known as A. B. C., or E. O., or any faro bank or any other table of like description, so help me God.

Approved, January 18, 1834.

[No. 72.]

AN ACT

To prevent the imprisonment of females.

Section 1.  Be it enacted by the Senate and House Representatives of the State of Alabama in General Assembly convened, That hereafter in all contracts to be entered into by femes sole, or by any female acting as such, the body of any such female shall not be arrested and held in custody by virtue of any writ of capias ad satisfaciendum, or capias ad respondendum, any law, usage or custom to the contrary notwithstanding: Provided, that nothing contained in this act shall prevent the service on such female, of any writ or process wherein no bail is required.

Approved, January 18, 1834.

[No. 73]

AN ACT

To fix the salary of the solicitor of the first judicial circuit.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the solicitor of the first judicial circuit shall receive an annual salary of three hundred and fifty dollars, payable quarter yearly, out of the treasury in addition to his perquisites of office.

Approved, January 18, 1834.

[No. 74.]

AN ACT

To change the time of holding the circuit courts in the counties of Randolph and Benton.

Section 1.  Be it enacted by the Senate and House of Representatives, of the State of Alabama in General Assembly convened, That the circuit courts for the county of Benton, shall be holden on the 4th Monday after the 3d Monday in March and September; and for the county of Randolph, on the 5th Monday after the 3d Monday in March and September, instead of the times now provided for by law.


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Sec. 2.  And be it further enacted, That all writs and other process made returnable to the courts in the above counties, as now provided to be holden by law, shall be returnable to said courts as changed by this act.

Approved, January 18, 1834.

[No. 75.]

AN ACT

To reduce the Tax Fees of the Attorneys of the Bank of the State of Alabama, and its Branches.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That hereafter the tax fees on suits commenced by the bank of the State of Alabama, or any of its branches, against the drawer, endorser or acceptor of any bill of exchange shall be two dollars, and not more: Provided, that if only one suit be commenced on any such bill, the fees shall be as now established by law.

Approved, January 18, 1834.

[No. 76.]

AN ACT

Providing for the keeping of the State Capitol and the furniture therein.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That James Rather be and he is hereby appointed to take charge of the State capitol, together with all the State furniture therein; and that he be required to keep the same until the meeting of the next general assembly.

Sec. 2. And be it further enacted, That the said James Rather for the faithful performance of this service shall be entitled to receive the sum of seventy five dollars, to be paid as other claims against the State.

Approved, January 18, 1834.

[No. 77.]

AN ACT

To authorize the Bank of the State of Alabama, and its several branches to issue Post Notes.

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 president and directors of the bank of the State of Alabama, and the president and directors of any of the branch banks of the State of Alabama, to issue post notes made payable at such places as they may deem expedient: Provided however, said notes shall be drawn payable to some person or persons, and shall not have longer to run than ninety days: Provided also, that no interest shall accrue upon said notes until after payment has been refused by the bank issuing the same upon demand; in which event the holder shall be entitled to the same interest and damages, as is now provided for by law on protested bills of exchange: provided, that neither of said banks shall ever issue more than one fourth of its paper in post notes.

Approved, January 18, 1834.


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[No. 78.]

AN ACT

Altering the times for holding the several Circuit Courts in the first Judicial Circuit.

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 spring terms of the first judicial circuit shall be holden at the times following, to wit: in the county of Conecuh, on the first Monday in March, in each and every year, and continue one week; in Monroe on the second Monday in March, and continue one week; in Clarke on the third Monday in March, and continue one week; in the county of Washington on the fourth Monday in March, and continue one week; in the county of Mobile on the first Monday, after the fourth Monday in March, and continue four weeks; in the county of Baldwin on the fifth Monday, after the fourth Monday in March, and continue one week.

Sec. 2.  And be it further enacted, That the fall terms of the first judicial circuit shall be holden as follows, to wit: in the county of Washington on the first Monday in October; in the county of Clarke on the second Monday in October; in the county of Monroe on the third Monday in October; in the county of Conecuh on the fourth Monday in October; in the county of Mobile on the first Monday, after the fourth Monday in October; and in the county of Baldwin on the fifth Monday, after the fourth Monday in October; and may respectively continue the same length of time as the spring terms.

Sec. 3.  And be it further enacted, That all process heretofore returnable to the said courts shall be, and they are hereby made returnable to the said courts respectively at the time prescribed by this act.

Approved, January 18, 1834.

[No. 79.]

AN ACT

To repeal in part and amend the law relating to apportionment of hands to work on public roads.

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 two justices of the peace, and the captain or other officer commanding in each beat, or a majority of them, to apportion all the hands in their respective beats liable to work on public roads, and to furnish the respective overseers of roads in their respective beats with a list of the same, on or before the first Monday in March in each and every year; and to perform all other duties now required by law of apportioners of hands.

Sec. 2.  And be it further enacted, That if the captain or officer commanding the justices of the peace shall fail to per-


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form the duties required by this act, they shall be liable to the same fines and penalties imposed on apportioners of hands, by the act to which this is an amendment: Provided however, that if any beat should not have two justices of the peace, or one justice and captain or other commanding officer, then and in that case, the judge and commissioners of roads and revenue, shall appoint apportioners as now required by law.

Sec. 3.  And be it further enacted, That the judge and commissioners of roads and revenue shall cause to be furnished to each company of apportioners, a list of the overseers on the public roads within their beats, together with the commencement and termination of their precincts, and the grade thereof.

Sec. 4.  And be it further enacted, That the said apportioners shall, within thirty days after making such apportionment, make return in writing to the judge of the county court, that they have apportioned hands to the different overseers within their beats, which return shall be filed in the clerks office, and shall be prima facie evidence on the trial of a defaulting overseer, that the said overseer has received notice of his appointment; that hands have been apportioned to him, and that the road of which he is overseer is a public road established according to law; and any company of apportioners, failing to make return as herein required, shall be severally liable to a fine of fifty dollars, to be recovered by motion of the solicitor on three days notice.

Approved, January 18, 1834.


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