[No. 1.]

AN ACT

To provide for the further organization of the county of Sumter.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the militia of the county of Sumter, in this State, shall be added to and form a part of the third division and sixth brigade, and shall consist of one regiment, to be designated and numbered the sixty fourth regiment, which said regiment shall be commanded by a colonel commandant, and be composed of battalions; the first of which shall be commanded by a lieutenant colonel, the second by a major; each battalion shall consist of not less than two, nor more than six companies, and shall be commanded by a captain, lieutenant and ensign, with four sergeants, four corporals and two musicians.

Sec. 2.  And be it further enacted, That it shall be the duty of the brigadier general of the sixth brigade of the militia of this State, to issue a writ of election to the sheriff of the said county of Sumter, requiring him at such time as the said brigadier general shall appoint, to hold an election at the several. precincts in said county, for the election of a colonel, lieutenant colonel and major, to command said regiment; and the said sheriff shall advertise said election for twenty days, in at least six of the most public places in said county, and shall make due return of said election to the office of the secretary of State; and the person elected shall be commissioned, and shall conform in all respects tot he rules and regulations prescribed by the militia laws of this State: and at the said election, all free white males over the age of eighteen years, residing in said county, shall have a right to vote.

Sec. 3.  And be it further enacted, That it shall be the duty of the colonel, lieutenant colonel and major, elected under the authority of the second section of this act, as soon after their election as may be, to divided and lay of the said regiment into two battalions, and they shall divided and lay off each of said battalions into convenient company beats, as prescribed by the first section of this act; and it shall be the duty of the lieutenant colonel and major of said regiment, to order elections for company officers within their respective battalions, and shall appoint the place of holding said election within each com-


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pany beat, giving at least fifteen days notice thereof, and appoint a superintendent of the same in each beat, who shall make a return of said election as now required by law; and at said election, all free white males over the age of eighteen years, residing in such beat, shall have a right to vote.

Sec. 4.  And be it further enacted, That there shall be elected, by the qualified electors within the limits of each captain=s beat, which may be laid off by virtue of this act, two justices of the peace, and one constable, who shall hold their office until the next general election, as now prescribed by law for the election of such officers, and until their successors shall be duly qualified; which election shall be holden by the commanding officer of each company, and two free holders or house holders, to be appointed by him, and shall be holden on the first Monday of March next; and it shall be the duty of the persons holding such election, to make return thereof, as now required by law, and the persons then to be elected shall take the oaths prescribed by law, and shall in all respects be subject to and comply with the laws now in force, relating to justices of the peace and constables in this State.

Sec. 5.  And be it further enacted, That it shall be the duty of the governor of this State, immediately after the passage of this act, to appoint and commission eight justices of the peace, and four constables, in and for said county of Sumter, who shall, before entering upon their respective duties, take the oaths of office now prescribed by law; and the constables there to be appointed, shall give bond and security, to be approved of by the judge of the county court of the said county of Sumter, in the sum and condition now prescribed by law; and the said justices of the peace and constables shall receive for their services the fees now allowed by law, and shall hold their offices respectively until the election and qualification of those authorized to be elected, by the fourth section of this act.

Approved, December 2, 1833.

[No. 2.]

AN ACT

To incorporate the Town of Moulton, in the County of Lawrence.

WHEREAS, by failure to elect commissioners and other officers for the government of the town of Moulton, it has been supposed that said town has forfeited its charter

Section 1  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the acts of incorporation of the town of Moulton, in the county of Lawrence, passed on the 17th day December 1819, and January 29th, 1829, be and the same are hereby revived.


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Sec. 2.  And be it further enacted, That Crocket M=Donald, Denton H. Valiant and John Moore, or any two of them, be and they are hereby appointed commissioners to hold an election of town officers, authorized by the above recited acts of incorporation.

Sec. 3.  And be it further enacted, That the said acts of incorporation shall not be forfeited, or vacated by any failure to elect commissioners of said town, and the president and commissioners and other officers of said town shall hold their offices until their successors are elected and qualified.

Approved, December 4, 1833.

[No. 3.]

AN ACT

To authorize the people of Beat No. 6, in Jefferson County to elect an additional Justice of the Peace for said Beat, to reside in the corporation of the Town of Elyton.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the qualified electors residing in beat No. 6, in the county of Jefferson, be and they are hereby authorized, on giving ten days previous notice, to elect an additional justice of the peace for said beat, whose residence shall be confined to the corporate limits of the town of Elyton.

Sec. 2.  And be it further enacted, That the said justice of the peace when elected, shall be subject to the same rules, regulations and restrictions, as are now provided by law, for the government of other justices of the peace.

Approved, December 4, 1833.

[No. 4.]

AN ACT

To provide for the payment of Grand and Petit Jurors in the county of Jefferson.

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 county court of Jefferson county on the second Monday in February, in each year, to levy a special tax, for the purpose of paying the grand petit jurors attending the several courts of said county.

Sec. 2.  And be it further enacted, That it shall be the duty of the assessor and tax collector of said county, to assess and collect said tax, at the same time, and in the same manner that the State and county taxes are now levied and collected by law, and when collected, pay the same over to the county treasurer, for which service he shall receive three per centum on the amount so collected and paid over.

Sec. 3.  And be it further enacted, That it shall be the duty of the county treasurer, to keep said fund separate and distinct for the other funds of the county, and immediately after the adjournment of each term of said county court, to


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pay to each and every juror the amount, for which he may produce the clerk=s certificate of his attendance.

Sec. 4.  And be it further enacted, That it shall be the duty of the county treasurer of said county, to make out and lay before the county court, on or before the second Monday in February, in each year a full expose of the amount received by him under this act, the payments made there from and the balance on hand, and for each failure so to do, he shall forfeit and pay the sum of twenty dollars, to be recovered before any justice of the peace, to be applied to county purposes.

Sec. 5.  And be it further enacted, That all laws, contravening the provisions of this act, are hereby repealed.

Approved, December 4, 1833.

[No.5.]

AN ACT

To compensate the Commissioners of Roads and Revenue in the County therein named.

Section 1  Be it enacted by the Senate and House of Representatives, of the State of Alabama, in General Assembly convened, That hereafter the commissioners of roads and revenue, for the county of Autauga, shall receive for their services, the sum of one dollar and fifty cents each, for every day they shall attend the commissioners court in said county; to be paid out of any money in the county treasury not otherwise appropriated, and that the certificate of the clerk of said county, shall authorize the county treasurer to pay out the amount certified to be due.

Approved, December 6, 1833.

[No. 6.]

AN ACT

To authorize the Commissioners Court of Lauderdale County, to levy an additional amount of County taxes for the purposes therein named.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That it shall and may be lawful for the judge of the county court, and the commissioners of roads and revenue of the county of Lauderdale, to levy a sufficient amount of county taxes to repair the bridges over Cypress Shoal and Blue Water creeks, and to pay the county debts, and to defray all other expenses necessary for the purposes of said county.

Sec. 2.  And be it further enacted, That the said commissioners court is hereby authorized and required to levy a special county tax, for the purpose of building a good and substantial bridge over Second Creek in said county, where the stage road, leading from Florence to Huntsville, crosses said creek.

Sec. 3.  And be it further enacted, That the said commissioners’ court is hereby authorized to appoint commissioners to contract for, and superintend the building of said bridges.

Approved, December 7, 1833


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[No.7.]

AN ACT

Permanently to locate the Seat of Justice in Dallas County, and erect Public Buildings.

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 of Dallas county on the first Monday in February next, to hold an election at the different precincts in the county aforesaid, for the purpose of obtaining public sentiment as to the place where the seat of justice of said county shall be fixed and located.

Sec. 2.  And be it further enacted, That said sheriff shall give thirty days notice of said election at three or more public places, in said county, and the managers of said election shall be appointed in the same manner as the managers holding general elections in the State are appointed: Provided, that said managers are appointed ten days before, and notified, three days before said election, the same shall be legal.

Sec. 3.  And be it further enacted, That all persons entitled to vote for members of the general assembly of this State, shall be entitled to vote at said election.

Sec. 4.  And be it further enacted, That the persons voting at said election, may vote to fix the seat of justice of said county at any point or place they may think proper, and should three or more places in said county be voted for, as the point or place for the seat of justice of said county, and no one place voted for, should have or obtain a majority of all the votes given in at said election, it shall be the duty of the sheriff of said county to hold a second election, giving not more than thirty, nor less than twenty days notice thereof at three or more public places in said county; the managers of which election shall be appointed, and the same shall be conducted in all respects, as already provided for by this act and the qualification of the voters at said election shall be the same as that in the third section of this act mentioned.

Sec. 5.  And be it further enacted, That should there be a second election held, for the purpose of designating and fixing the seat of justice; it shall not be lawful at said second election, to vote for any other places than Cahawba, the present seat of justice, and the place having the highest number of votes of all others, voted for at the first election of this act mentioned.

Sec. 6.  And be it further enacted, That the managers holding said election or elections, as the case may be, shall within two days thereafter return the votes taken at the same to the sheriff of said county, who shall, within one day after the same are so returned to him, cause the votes to be counted out in the presence of the judge of the county court, and one or more commissioners of roads and revenue, or in the presence


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of the clerk of the county court and two or more commissioners if roads and revenue for said county, who are hereby appointed judges of said election or elections.

Sec. 7.  And be it further enacted, That should a majority of the voters of said election or elections require a removal of the seat of justice from the place the same is now located then and in that event it shall be the duty of the judge of the county court and commissioners of roads and revenue, to cause a suitable court house and jail to be erected at the place designated by the majority of votes: Provided, that said majority be a majority of the whole number of qualified voters in said county, to be ascertained by the judges of said election, by comparing the same with the census list of said county for the year 1833.

Sec. 8.  And be it further enacted, That in the event of a removal, until suitable public buildings are erected, the different courts of said county shall be held at the present seat of justice.

Sec. 9.  And be it further enacted, That the judge of the county court and commissioners of roads and revenue are hereby authorized to levy a tax on the people of said county for the purpose of erecting said court house and jail, which tax shall be collected by the tax collector thereof, in the following manner, that is to say; one third in one year; one third in two years; and one third in three years, from the levy thereof, who shall receive the same compensation for collecting the tax as is now allowed by law, for collecting other county taxes: Provided, they do not exceed the sum of six thousand dollars.

Sec. 10.  And be it further enacted, That said judge and commissioners are hereby authorized to accept of any donation of land not exceeding two acres, and any sum of money not exceeding ten thousand dollars, for the erection of said court house and jail, and the place having received a majority of all the votes given at said election, shall be and remain the permanent seat of justice for the county of Dallas, until otherwise ordered by law.

Sec. 11.  And be it further enacted, That it shall be the duty of the judge of the county court and commissioners of roads and revenue, to let out said public buildings to the lowest bidder, giving at least two months notice in one or more public newspapers, of the time, place, plan and conditions; the plan and conditions whereof shall be such as the said judge and commissioners shall think best and proper, in the event of removal from the present seat, it shall be the duty of the judge of the county court, so soon as suitable buildings are completed, to notify the clerks of the county and circuit courts of said county,


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in writing to remove their offices, within thirty days from said notice mentioned.

Sec. 12.  And be it further enacted, That it shall be the duty of the clerk of the county court, to make complete record of the records of the proceedings under this act, in a well bound book, by him to be kept for that purpose.

Sec. 13.  And be it further enacted, That all acts and parts of act, coming within the purview of this act be, and the same are hereby repealed.

Approved, December 7, 1833.

[No.8.]

AN ACT

To incorporate the town of Oakville in the county of Lawrence.

Section 1.  Be it enacted by the Senate and House of Representatives, of the State of Alabama in General Assembly convened, That the town of Oakville, in the county of Lawrence, be, and the same is hereby incorporated, with all the powers, rights and liberties, and subject to all the restrictions, contained in the act of incorporation, for the town of Moulton, in said county.

Sec. 2.  And be it further enacted, That William Hodges, Dennis Lindsay and Samuel White be, and they are hereby authorized to hold an election for officers for said town, on the first week in May next.

Approved, December 9, 1833.

[No.9.]

AN ACT

To repeal an act, entitled an act allowing the Tax Collector of Covington County twenty five per centum, on the amount of the County Taxes of said County; passed on the 29th of December, 1832.

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 allows the tax Collector of Covington county twenty five per centum, on the amount of County tax be, and the same is hereby repealed.

Sec. 2.  And be it further enacted, That the compensation now allowed by law, to the assessors and tax collectors in the different counties of this State, be and the same is hereby allowed for like services, to the assessor, and tax collector of Covington county.

Approved, December 9, 1833.

[No. 10.]

AN ACT

To authorize David Carter to collect the taxes and take the census of the citizens of Macon county.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That David Carter be, and he is hereby authorized and required to collect the taxes of the county of Macon, and take the census thereof, and make return of the former on or before the first day of March next, and of the latter on or before


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the first day of January next, upon his giving bond with good and sufficient security, for the faithful discharge of the duties required of him by this act, in such sum as may be approved of by any justice of the peace of said county; and as a remuneration for the services required of him by this act, he shall receive the same compensation as other tax collectors and census takers of this State are entitled to receive for similar services, and the same shall be paid in like manner.

Approved, December 10, 1833.

[No. 11.]

AN ACT

For the relief of Monroe county.

WHEREAS, in consequence of the destruction of the court house of Monroe county, by fire, a total loss of all the records and papers of said county has been sustained: 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 judge of the county court of Monroe county, together with two fit and proper persons, to be by him selected, are hereby appointed commissioners to take testimony as to all wills, deeds, mortgages, or other papers heretofore recorded in the office of the county court of the aforesaid county; and so make such a record thereof, in a book to be kept for the purpose, as the said testimony shall authorize: Provided, that the several parties concerned in such will, deed, mortgage, or other paper, shall be cited before the said commissioners, to prosecute or defend the same, by a citation to be served on each of them, at least ten days before their time of meeting.

Sec. 2.  And be it further enacted, That in all suits now or to be instituted on any such will, deed, mortgage or other paper, provided for in the first section of this act, the testimony so taken and recorded by the commissioners aforesaid, shall be prima face evidence on the trial of such suits.

Sec. 3.  And be it further enacted, That on all unsatisfied judgments, orders or decrees, heretofore granted by the several circuit or county courts of the county of Monroe, the records whereof have been destroyed, it shall be the duty of the said courts in which such judgment, order or decree may have been entered, on the application of any person interested therein, his, her, or their agent or attorney, to order a notice in writing to issue, calling upon the party or parties, defendant to such judgment, order or decree, to shew cause on the return thereof, why such judgment, order or decree should not be re-entered and execution issue therein; and if sufficient cause be not shewn, the said court shall order such judgment, order or decree to be re-entered, and execution shall issue on the same,


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subject, moreover, to all offsets to be produced against the same on the hearing of such notice.

Sec. 4.  And be it further enacted, That in all suits which have been commenced in the said several circuit or county courts of said county, the papers connected with which have been burned, it shall be lawful for the parties concerned in the same either as principal agent or attorney, to file a statement on oath, setting forth the cause of action, declaration, plea or other paper so destroyed, which statement shall stand in lieu of and be subject to the same legal defense with the originals of the same: Provided however, that either party, against whom such statement may be filed, shall be allowed to deny on oath, the truth of such statement, when the court shall insist on further proof.

Sec. 5.  And be it further enacted, That the judge of the county court, of Monroe county, shall be and he is hereby authorized to call upon any executor, administrator or guardian, who may have qualified in the county aforesaid, and where the administration or guardianship has not been removed, to make such returns as he may think proper, of assets, effects or property in their or each of their hands or possession, belonging to the estates on which they or each of them may have qualified, and to enforce such return under the penalties of an attachment for contempt.

Sec. 6.  And be it further enacted, That it shall and may be lawful for the judge of the county court, of Monroe county, to call upon any person or persons who may have given bond before the said court, and where the same has been destroyed, to give a new bond in conformity with the law under which the same may have been required; and should any person or persons refuse to give such bond when required so to do, he or they shall vacate the office in which they may have severally qualified; and secondary evidence of the existence of such bond shall be received in any suit or process issued or prosecuted against any such persons or persons; and on all bastardy or other bonds, the office connected with which cannot be vacated, the said judge, on the refusal of the obligor of such bond to renew the same, shall be authorized to receive secondary evidence of the existence of such bond, and to issue all the usual process or execution required by law to be issued thereon.

Sec. 7.  And be it further enacted, That the commissioners, and each of the several parties named in this act, shall be and they are hereby authorized to compel an attendance of any witness or witnesses, under the usual penalties now provided by law.

Sec. 8.  And be it further enacted, That should the judge of the county court of Monroe county be unable, from the loss


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of papers or other cause, to hold the next term of the county court for civil business, he shall be and is hereby authorized to hold an extra term for the disposal of the business of said term, and all process whatever, returnable and triable at said regular term, shall be returnable to and triable at such extra term; and the said judge shall cause a notice of the time of meeting of such extra court, to be published in each beat of said county, at least ten days before the meeting of the same.

Sec. 9.  And be it further enacted, That the said commissioners shall be entitled to receive out of the county treasury of Monroe county, the sum of two dollars, for each day they may be engaged in the performance of the duties required by this act; and the said judge of the county court shall receive, for recording the testimony so taken before the said commissioners, the sum of one dollar in each case, to be paid by the party applying to have such testimony recorded.

Approved, December 12, 1833.

[No. 12.]

AN ACT

To provide for the payment of the commissioners of the sixteenth sections in the County of Lawrence.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the judge of the county court, for the county of Lawrence; be and he is hereby authorized to made such allowance and compensation to the commissioners of the several sixteenth section in said county, as may have or hereafter may be sold, as he may think reasonable, to be paid out of the proceeds, arising from said sections, by rent, lease or sale thereof.

Approved, December 13, 1833.

[No.13.]

AN ACT

To provide for the payment of jurors in the county of Lawrence.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That hereafter, the jurors summoned to attend the circuit and county courts, for the county of Lawrence, shall receive one dollar and fifty cents per day, during their attendance on said courts as jurors.

Approved, December 13, 1833.

[No.14.]

AN ACT

To authorize the commanding officers of the 25 Regiment of Alabama Militia, to form a Company beat, with a less number of privates than forty, in the county of Henry.

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, Colonel J.T. M=Clendon and Lieutenant Colonel Benjamin Kirkland be and they are hereby authorized and required to form a com-


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pany beat of militia in the north west corner of Henry county, known as Heeth=s settlement, and the company so formed shall be so officered in like manner, as other company beats are in this State.

Sec. 2.  And be it further enacted, That Colonel Seaborn Leabetter and Major William S. Foster, be and they are hereby authorized and required to form a company beat of militia, in the south west corner of Dale county, known as Brockston=s settlement, with a less number of privates than forty.

Approved, December 16, 1833.