[No. 112.]

AN ACT

To incorporate a company to build a Toll Bridge across the Coosa river, at Wetumpka.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That a stock company shall be established, in the town of Wetumpka, for the purpose of building a toll bridge across the Coosa river, in said town, above the present boat landing, or at such point between said landing and Greene and Houghton=s mill as may be selected by the stockholders of said company. The capital stock of which company shall not exceed forty thousand dollars, divided into shares of one hundred dollars each:  Provided, that said bridge be placed at the lower end of the falls of Wetumpka, or the nearest good situation which can be found above, so that it be not placed above said mill.


151

Sec. 2.  And be it further enacted, That subscriptions to wards, constituting said stock company shall be opened in the town of Wetumpka and at such other place as they may think proper, on the first Monday in March next, under the superintendance of James G. Lyle, Isaac P. Pond, Benjamin Fitspatrick, A. B. Northrop, Francis Gray, George Taylor, J. W. Loftin, Thomas E. Clarke, G. W. Brown, Charles Cromlin, J. A. Green, J. L. Bradford or a majority of them, and remain open at least two days at every time and place of opening said books, or until a sufficient amount in their opinions shall be subscribed for the erection of said bridge ; ten dollars to be paid on each share when the work shall be commenced and the residue thereof, in instalments of five or ten dollars, as the work progresses, by a call of the president and directors of said company.

Sec. 3.  And be it further enacted, That the subscribers to the said stock company, their successors and assigns shall be and they are hereby created a body corporate and politic by the name and style of the president and directors of the Wetumpka bridge company, and by that name and style, shall be and are hereby made able and capable in law to sue and be sued, to plead and be impleaded, answer and be answered, defend and be defended in any suit, action, matter or thing depending in any court of law or equity, and also to make and use a common seal and the same to break, alter or renew at their pleasure, and also to ordain, establish and put in force such bye laws, ordinances and regulations as they may deem necessary for the government of said company:  Provided, that said bridge company shall not exercise any banking privileges.

Sec. 4.  And be it further enacted, That for the management of said company, the stockholders shall, annually, on the first Monday in January, in each and every year, elect seven directors to be chosen by the qualified stockholders, and by a plurality of votes, then and there giving one vote for every share of one hundred dollars, and the said directors so duly elected, shall be capable of serving by virtue of said choice, until the next annual election, and the board of directors, annually, at their first meeting after their election, shall proceed to elect one of their number to be the president of said corporation who shall hold his office one year, or until his successor shall be elected:  Provided, the board shall have power to fill all vacancies occasioned by the death, resignation or otherwise from said company of stockholders.

Sec. 5.  And be it further enacted, That as soon as a sufficient sum is subscribed, notice thereof shall be given in one or more newspapers printed in this State, and they shall, at the


152

same time, appoint a time and place for holding the first election, and shall hold the same by giving at least ten days notice thereof.

Sec. 6.  And be it further enacted, That it shall be lawful for the directors to call a general meeting of the stockholders of said company, at any time they may deem necessary and expedient, and a number of stockholders, owning at least one third of the stock, shall have power, at any time, to call a general meeting, giving at least one month=s notice of the same in a newspaper, stating the object of said meeting.

Sec. 7.  And be it further enacted, That the property of said bridge, when built, shall be and the same is hereby vested in said corporation for fifty years, and shall and may demand and receive, on the completion of the said bridge, the following rates of toll, viz: for each four wheeled pleasure carriage, seventy-five cents; for each four wheeled road wagon, seventy-five cents, for each two wheeled pleasure carriage, thirty-seven and a half cents; for each jersey wagon or carryall, thirty-seven and a half cents; for each cart, twenty-five cents; for each horse and rider, twelve and a half cents; for each horse mule or foot passenger, six and a fourth cents; for each head of neat cattle, three cents; for each head of goats or hogs, two cents.

Sec. 8.  And be it further enacted, That it shall be the duty of said corporation to keep said bridge in good repair (when completed) as long as they may think proper to receive toll, they shall be held bound for all injuries which may be sustained by any person passing said bridge:  Provided, said injury result from negligence of the keeper, or for want of proper repairs to said bridge.

Sec. 9.  And be it further enacted, That it shall be the duty be so constructed, that it will in no wise obstruct or prevent the navigation of said river.

Sec. 10.  And be it further enacted, That it shall be the out a road leading to and from said bridge, and report the same to the county courts of such counties as said road may pass through, and it shall be the duty of said county courts to appoint a jury of seven men to assess the damages done to the lands which such roads may pass over, if any shall be claimed by the owners thereof, and said road shall be of the first grade until it intersects other roads.

Sec. 11.  And be it further enacted, That the county court of Autauga County shall be and is hereby authorized whenever it may, in the opinion of the judge thereof be deemed necessary, to appoint suitable commissioners to inspect the situa-


153

tion of said bridge, and if a majority of them shall report that said bridge is not in good order and fit for passengers, the court shall have power to suspend the collection of toll until said bridge shall be put in good repair.

Sec. 12.  And be it further enacted, That if said bridge shall not be commenced in one year from and after the passage of this act, and be completed within three years thereafter, all the privileges and immunities, granted by this act shall be null and void.

Sec. 13.  And be it further enacted, That no one person, by himself or proxy, shall directly or indirectly subscribe for more stock than two thousand dollars, until the books shall have been opened one month, after which time any person may take any amount of stock which he, she or they may think proper, and in the management of the affairs of the company, each person shall, in person or by proxy, have one vote for each share of stock, so that he shall not have more than one hundred votes.

Approved, January 17, 1834.

________

[No. 113.]

AN ACT

To authorize a Lottery for the improvement of the Public Square in the town of Florence, in the county of Lauderdale

Section 1.  Be it further enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That it shall be lawful for James Kirkman, James H. Weakley, Adam D. Hunt, Robert M. Patton, P. F. Pearson, John Simpson and James Jackson, or a majority of them to raise by lottery in one or more classes, as to them may seem most convenient, any sum not exceeding ten thousand dollars, to be appropriated in leveling, McAdamizing and otherwise improving the public square and street of the town of Florence in the county of Lauderdale.

Sec. 2.  And be it further enacted, That the said James Kirkman, James H. Weakley, Adam D. Hunt, Robert M. Patton, P. F. Pearson, John Simpson and James Jackson, or as many of them as may serve as managers, shall before they enter upon the duties assigned to them by this act, enter into bond with sufficient security in the penal sum of double the amount which they may propose to raise by said lottery before the judge of the county court of Lauderdale county, conditioned for the faithful discharge thereof; which bond may from time to time be put in suit in the name of the said judge, by any person injured by a breach of the provisions of this act.

Sec. 3.  And be it further enacted, That it shall be the duty of the aforesaid persons, or as many of them as may choose to act as managers within ninety days after the completion of any or either of the classes of said lottery, to pay to the drawers


154

therein or to their heirs or assigns such prize or prizes as may be due upon the scheme upon which they may have determined upon and published:  Provided, that if any drawn prize be not demanded by the holder of the ticket to which such prize is due, or by the heirs or assigns of such persons, within twelve months after the completion of the drawing, the same shall be deemed and taken as a donation towards the improvement contemplated by this act, and the managers shall not be compelled thereafter to pay the same.

Sec. 4.  And be it further enacted, That the drawing of the said lottery may be in the town of Florence, or any other place that may be agreed upon by the said managers, giving due notice of such place and of the time of drawing, which shall be conducted in such manner and under such regulations and responsibilities as the aforesaid managers may deem most expedient:  Provided, each clerk or other person concerned in the drawing shall previously take an oath, before some justice of the peace of the said county faithfully to discharge his duty.

Sec. 5.  And be it further enacted, That if either of said classes be not drawn within one year as the scheme shall have been published and the day thereof appointed, the same shall cease and the purchasers of tickets may demand and recover, of the managers or persons before named, any money disbursed for tickets in said lottery.

Sec. 6.  And be it further enacted, That the mayor and aldermen of the town of Florence be, and they are hereby constituted and appointed a board of improvement and the said board shall or may divide the said public square and streets into such sections as they may think proper, and let them out to the lowest bidder after due notice, each section to be leveled, McAdamized or improved in such manner as they may think proper.

Approved, January 17, 1834.

_________

[No. 114.]

AN ACT

To incorporate the Tuscumbia Rail Road Insurance Company.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That an insurance company shall be established in Tuscumbia, with a capital of five hundred thousand dollars, divided into five thousand shares of an hundred dollars each share, to be subscribed for and paid by individuals, companies and corporations in the manner hereinafter specified.

Sec. 2.  And be it further enacted, That the subscribers for the five thousand shares shall be opened at Tuscumbia at any time prior to the first day of October next, under the superintendence of Messrs. Micajah Tarver, C. T. Barton, Thomas Keenan, Thomas Limerick, John L. M=Rae, John T. Aber-


155

nathy, John Kennedy, P. H. Prout and A.S. Christian, who are hereby appointed commissioners, and shall continue open until the whole of said number of the shares shall have been subscribed:  Provided, that the books shall be kept open for ten days and should the amount subscribed for be one hundred thousand dollars, or more, if it should not amount to more than five hundred thousand dollars, and said commissioners are at liberty at any time to open books for subscription until they obtain the amount of five hundred thousand dollars, but may commence business as soon as they obtain subscription to the amount of one hundred thousand dollars.

Sec. 3.  And be it further enacted, That the subscribers to the said company, shall pay at the time of subscribing five dollars in cash, on each share, and give their notes indorsed to the satisfaction of the commissioners, for five or ten dollars on each share payable at any time within six months, payable as the commissioners may direct, and the balance due shall be paid in such manner as the president and directors of said company hereinafter mentioned shall direct:  Provided, that the payments thereof shall be made by instalments at such periods as shall be agreed upon by the president and directors; and any such subscriber or stockholder, who shall neglect to pay any installment as ordered or may be ordered by the board of directors, shall forfeit to the corporation all previous payments, and cease to be a stockholder in said corporation.

Sec. 4.  And be it further enacted, That the subscriber to the said insurance company, their successors and assigns, shall be and they are hereby created a corporation and body politic, by the name of the Tuscumbia rail road insurance company, and so shall continue until the first day of January, 1860, and by that name shall be and they are hereby made capable to buy, receive and possess moveable, and immovable property, and to sell, alien, demise and dispose of the same, and to sue and be sued, plead and be impleaded, answer and be answered, and to have a common seal, and the same to alter and renew at pleasure.

Sec. 5.  And be it further enacted, That for the management of the affairs of said corporation, there shall be at least eight directors, and there may be twelve at the discretion of the stockholders thereof, who shall be annually elected a the office of said company, by the stockholders, and as soon as one thousand shares shall be subscribed for, the commissioners shall give public notice thereof in any paper that may be published in Tuscumbia, and by said notice appoint the day and place for the stockholders to meet and elect eight, or any number not more than twelve directors, the directors, so elected shall con-


156

stitute the board of directors, and shall elect one of themselves to be president of said company; and the said president and directors shall be capable of serving by virtue of such election, until other directors shall be elected, which shall be annually agreeably to their bye laws.

Sec. 6.  And be it further enacted, That the annual election for directors shall, after the first election, be held at the office of the said company, on the first Monday in June in each and every year, and the directors then elected, shall be capable of serving by virtue of such election, until the first Monday in June, in the ensuing year, and until other directors shall be elected: and the board of directors shall annually at their first meeting elect one of their members to be president of said corporation, who shall held the office for the same period for which the directors are elected:  Provided always, that in case it shall at any time happen, that an election of directors, or of president should not be made so as not to take effect, in any day when in pursuance of this act, it ought to take effect, the said corporation shall not for that reason be deemed to be dissolved, but it shall be lawful at any time to make such election, and the manner of holding the election shall be regulated by the bye laws of the corporation:  And provided also, that in case of a vacancy arising from death, resignation, non residence, or any other cause, of a director or the president, the vacancy shall be supplied by the board of directors.

Sec. 7.  And be it further enacted, That the directors, for the time being, shall have the power to appoint such officers, clerks and servants, under them as shall be necessary for executing the business of said corporation, and to allow them such compensation for their services as shall be reasonable, and to ordain and establish such rules, bye laws, and regulations as they may, or shall deem necessary and convenient for the government of said corporation, not being contrary to this act, nor to the constitution and laws of the United States, or this State.

Sec. 8.  And be it further enacted, That the said insurance company shall have full power and authority to make such insurance upon steam boats, and other vessels, and upon freights goods, wards and merchandize, and gold or silver, bullion or money, against all maritime risk or risks of the river, on such as are usually insured, and upon houses, stores and other buildings, and goods, wares and merchandise, furniture and other articles against fire, and to fix premiums.

Sec. 9.  And be it further enacted, That the president with one director, or three directors in the absence of the president, shall have full power and authority, in the name of said


157

corporation, to insure upon all the articles, goods and effects, wares and merchandize, produced, property, and against all such articles as are mentioned and enumerated in the preceeding section, and the said president, with the consent of one director, shall have a right to receive for the amount of premiums, such notes endorsed and payable at such time as he may deem satisfactory, and in conformity with the regulations to be made on the subject.

Sec. 10.  And be it further enacted, That the following rules, restrictions, limitations and provisions shall form the fundamental articles of the constitution of said corporation.

Article 1.  That a list, containing the names of stockholders and showing the number of shares held by them respectively, shall always be kept in the office of the company, for the inspection of any person that may wish to examine it.

Art. 2.  Each and every stockholder shall be entitled to one vote for each and every share which he, she, or they, may respectively hold; that no individual or company shall be allowed more votes than twenty. In all elections for directors, votes may be given either in person or by proxy, and no person shall, after the first election, votes on any share transferred to him within ninety days before said election.

Art. 3.  No person shall be capable of being elected a director of said insurance company, who is not a citizen of the United States residing in Tuscumbia, or the county of Franklin, and does not hold, in his own name or the commercial house of which he may be a partner, at least five shares of the stock of said company.

Art. 4.  All policies of insurance made by said company, shall be signed by the president or two directors, and countersigned by the secretary; and shall have the same effect as if made under the seal of the company.

Art. 5.  Notice of the time, when any further payments will be required from the stockholders, shall be given by order of the directors of said company, which notice shall be published at least thirty days in the paper published in Tuscumbia.

Art. 6.  Every stockholder may at any time pay, in cash to the said president and directors, the full amount of his subscription; and the person, so paying, shall be entitled to receive from the said company, interest upon the amount so paid in cash, above the amount received by the directors as aforesaid, at the rate of eight per cent per annum.

Art. 7.  Half yearly dividends shall be made of so much of the profits of said company, as shall appear to the directors advisable: but the monies received, and the notes taken for premium or risks, which risks shall not be considered as forming


158

part of the profit of said company, and in case of any loss or losses, whereby the capital stock of said company should be lessened, no subsequent dividend shall be made until such diminution shall have been covered by the profits.

Art 8.  The stockholders shall not be liable for losses beyond the amount of their respective shares.

Art. 9.  The said company may dispose of mortgages given them by way of security, or of stock, pledged for security, or property conveyed to them in satisfaction of debts previously contracted, or purchases at public sale upon judgments or orders of seizure by them obtained, or of any property immovable or movable, which may have been abandoned to them, for or concerning the operations of their business or immovable property, for the accommodation of the company in the transaction of their business, and whenever it shall be proved to the satisfaction of a competent court in this State that the said company have entered into any kind of trade or traffic, contrary to the true interest and meaning of the present article the said corporation shall no longer be entitled to the benefit of their charter.

Art. 10.  The company shall be authorized to invest their money, capital, and all surplus funds not divided, in the stock of any company incorporated in the State, or in any other securities that the president and directors may think proper, whenever they may deem it necessary for the interest of the institution:  Provided, nothing herein contained shall be so construed as to authorize the company to do banking business.

Art. 11.  Once in every three years the president and directors shall lay before the stockholders at a general meeting for their information, a statement of the affairs of the company.

Art. 12.  And be it further enacted, That the said insurance company shall not proceed to effect any insurance until the whole amount of stock is paid in money, or such amount thereof as is not paid in money, which shall be secured by mortgage or otherwise, on unencumbered real estate, or other property, to the satisfaction of the president and directors, at not more than two thirds of its real value, which may be renewed from time to time, as the property may increase or diminish in value, and the president and directors shall be judges of the increase or diminution in value, and call on the individual for renewal of their obligations at any time they may think proper; and a failure to renew their obligations will prevent such persons from drawing any dividend until they renew their obligations; the president and directions shall take all such obligations, and if they should think proper, may have them recorded at the expense of the company.

Approved, January 17, 1834.


159

[No. 115.]

AN ACT

To incorporate the Erie and Greensborough Rail Road Company.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That Thomas H. Herndon, as president, and William Murphy, William J. Vandegraff, Simon Ashford, Francis L. Constantine, Thomas Williams, James Dorroh Alexander McAlpin, Daniel W. Edgerly, Osman A. Wynn, Caleb Eubanks and Martin McCall, as directors, with their associates and successors under this act, be and they are hereby made and created a body politic and corporate in deed and in law by the name and style of the Erie and Greensborough rail road company by and in which name they and their successors in office are hereby empowered and made capable of suing and being sued, of pleading and being impleaded, of answering and being answered unto, of defending and being defended in any court of law or equity in this State or elsewhere, as natural persons are or may be, of taking, receiving and holding any real or personal estate of what nature or kind so ever, and of selling, leasing, alienating, conveying and imposing of the same, of having and using a common seal, and of changing or altering it at pleasure, of adopting and passing all such regulations, bye laws and ordinances for the proper and necessary government and direction of said corporation, as to them shall seem expedient, and generally of exercising and performing all such powers, privileges and acts, as are usually incident to bodies politic and corporate, and such as are necessary to carry into full and complete effect the object of this act:  Provided nevertheless, that the real and personal estate, at any time owned or of which they may be seized or possessed, shall never exceed the sum of two hundred thousand dollars.

Sec. 2.  And be it further enacted, That the president and directors, hereby appointed, shall continue in office until the first Monday in May next, and until their successors in office shall be duly elected and qualified and not longer, and they shall cause books to be opened for the subscription of stock at Erie and Greensborough, and such other places as they may think proper on giving at least ten days previous notice of the opening of  said books, at the several places at which they are or may be directed to be opened, by advertising the same in the Greene county Sentinel, and at two or more public places in the town of Erie, and said books when opened shall be kept open for two weeks at least, and may afterwards, as the president and directors may order and direct, be opened from time to time until a sufficient amount of stock shall be subscribed and the stock taken and subscribed for shall be taken and subscribed for in shares of one hundred dollars each.


160

Sec. 3.  And be it further enacted, That such persons, as may subscribe for stock or become stockholders in said company, shall meet at Erie on the first Monday in May next and under the superintendence and management of the president and nay two of the directors hereby appointed, proceed to elect a president and eight directors, all of whom shall be stockholders in said company, who shall continue in office until the first day of May next thereafter, and until their successors in office are duly elected and qualified; and there shall annually be held at the town of Erie on the first Monday of May in each and every succeeding year an election by the stockholders of said company for a president and eight directors of said company, who shall in like manner continue to hold their offices until their successors in office shall be, at the said regular annual election, chosen and qualified ; and the president and directors, elected at each and every election before entering on the discharge of their respective duties, shall take and subscribe before some justice of the peace an oath faithfully to perform their duties as such president and directors according to the powers and provisions of this act; at the first and every succeeding election for president and directors of said company under this act, the stockholders may vote either in person or by proxy and shall be entitled to one vote for every share owned by such stockholders severally and respectively: Provided, that no one stockholder shall be entitled to more than fifty votes; the stock hereby authorized to be subscribed, shall be transferable and assignable in such manner as the president and directors may order and direct; all transfers of stock before they are valid and effectual shall be entered on the books of said company and the assignee or transferee of said stock when made shall be entitled to all the benefits and subject to all the liabilities of an original stockholder.

Sec. 4.  And be it further enacted, That the president and directors of said company, when they shall have organized agreeable to the third section of this act, shall be vested with full power and authority to borrow money, contract debts and be contracted with on the credit and faith of said company and estate belonging to the said company; to mortgage or pledge any personal or real estate for the payment of any debt necessary to be contracted for the repayment of any money they may want to borrow; they shall have full power and authority to appoint all such subordinate officers, agents and servants as they may deem necessary, and give them such compensation as they may deem just and reasonable; they shall have full power and authority to require such installment on said stock to be paid


161

on the shares of the stock of said company, and at such times as they deem best for the interest and advantage of said company, and a failure of any stockholder to pay the amount at any time due or required to be paid upon his, her or their stock in pursuance of any order, call or request of the president and directors as aforesaid within sixty days after the time appointed for the payment of the same, the president and directors shall be authorized and empowered to sell said stock at public auction for what it will bring, on giving ten days public notice of the time and place of sale by advertisement to be set up at one public place in the town of Erie and Greensborough, and the said stockholder or stockholders, whose stock shall be so sold, shall be liable to the said president and directors for whatever difference there may be between the price or sum for which the same may be sold and its par value, and the said stock of said company shall be considered private property.

Sec. 5.  And be it further enacted, That the president and directors of said company shall commence the said road which they are hereby expressly authorized and empowered to lay out and establish at the town of Erie in the county of Greene, and run the same the nearest and best route (not interfering with or injuring either of the public roads now laid out and established between the towns of Erie and Greensborough without the order and consent of the court of commissioners of roads and revenue of Greene county) to the town of Greensborough in said county, and they are hereby authorized and empowered to contract for and receive conveyances of any land, stone, timber or gravel, &c., which gray be required in the making and constructing of said road, and when the president and directors and the owner of any such land, stone, timber or gravel, &c., cannot agree as to the price, or when the owner is an infant, feme covert, non resident or non compis mentis, then it shall be lawful for the said president and directors to apply to the judge of the county court of Greene county whose duty it shall be to issue an order countersigned by the clerk of said court directed to the sheriff of said county, commanding him to summon a jury of seven disinterested freeholders, a majority of whom shall be authorized to assess the price or damages to which the owner may be entitled under the same rules and regulations as is prescribed by law in the laying out of county, roads, and the said jury shall forthwith assess the value of the said land, stone, timber or gravel, &c., subject to the right of appeal to the circuit court of Greene county by either party who may think themselves aggrieved, which appeal shall be tried de novo as in cases of appeals from a justice of the peace and the judg-


162

ment of said court shall be decreed and held final and conclusive; and the finding of said jury, except in cases of appeal, shall be returned to the office of the clerk of the county court of said county, and at the next term of the court of commissioners of roads and revenue of said, county the said finding shall be affirmed and made final, and the land, stone, timber, gravel &c., contracted for and purchased or so condemned, shall ensure: to and become the estate, right and property of said company, and the whole proceedings shall be entered of record in said court at the cost of said company: and when an appeal shall be taken by either party as aforesaid to the said circuit court after the same is finally determined, the said company at their own proper expense shall procure and cause to be made out a complete transcript of the record of the same lay the clerk of said court, certified by said clerk under the seal of said court, and file the same in the office of the clerk of the county court of said county; and the court of commissioners of said county at the next term of their said court shall cause and order the same to be entered of record in said court, which shall have the same force and effect as if there had been no appeal and the finding of the jury had been returned and affirmed by said court as aforesaid:  Provided nevertheless, that the said work, on the making and constructing of said road, shall in no way, be delayed on account of any proceedings had as aforesaid, but the said president and directors, on tendering the sure to which the land, stone, timber or gravel &c., shall have been valued to the owner or depositing the same in the office of the clerk of the county court, shall be authorized to proceed with said work as though, no appeal, had been taken, and when no greater damages shall be assessed on the trial of such appeal than was assessed by the jury on the inquest below, the owner of such land, timber, gravel &c., if he, she or they took such appeal, shall pay the cost.

Sec. 6.  And be it further enacted, That the president and directors of said company, after having the tract or route such rail road is to run, surveyed, selected find established, may proceed to let the same to contract in such parts or sections as they may deem proper, and upon such terms and conditions as they may prescribe; beginning at the town of Erie and extending on to Greensborough:  Provided, they shall give sixty days notice of the time and place of letting the same to contract, by publishing the same in some public newspaper of this State, and by advertisement set up at some, one, public place in the, towns of Erie and Greensborough; and the said president and directors of said company shall commence; the said rail road, in twelve months from the first day of May next, and complete the same in three years from that time or forfeit all the benefit of this act.


163

Sec. 7.  And be if further enacted, That the president and directors shall have power to call a meeting of the stockholders of said company at any time on giving ten days notice by advertisement set up at one or more public places in the towns of Erie and Greensborough; a majority of said stockholders in value, either in person or by proxy, shall be sufficient to form a quorum and they shall have full power, when met, to remove the president or any director and appoint others in their stead, and whenever any vacancy shall occur in the office of president or any director except by removal as aforesaid, the remainder in office of president and directors or of directors shall proceed and fill such vacancy, and the person appointed or elected to fill the same shall continue in office until the next annual election, and the said president and directors shall have power to remove at pleasure any subordinate officer, agent or servant belonging to said company.

Sec. 8.  And be it further enacted, That the said president and directors shall not, in the construction and making of said rail road, in any manner obstruct any public highway or road crossing the same but shall provide suitable and convenient ways by which they shall pass over said rail road.

Sec. 9.  And be it further enacted, That it shall be the duty of the president and directors of said company to report to the annual meeting of the stockholders a clear and distinct exhibit and statement of all the affairs and proceedings of said company, including the receipts and disbursements of the preceding year, and after the said rail road shall have been completed the president and directors shall annually declare and pay over to the stockholders such net profits or dividends as shall have been made or accrued the preceding year.

Sec. 10.  And be it further enacted, That the said rail Vesting road with all works, improvements and machinery of transportation used on said road, with all the estate, property, right, privileges, advantages and immunities belonging and appertaining thereto, and acquired under and in pursuance of this act, as hereby granted and conferred, are hereby declared to belong to and are vested in said company forever:  Provided nevertheless, that the State of Alabama shall have the right and privilege at the end of thirty years and every ten years thereafter to purchase the whole of the stock of said company at its then par value, with the property, estate, cars, machinery, engines, &c., belonging to or owned by said company:  And provided also, that the general assembly shall at any time, three fourths of both houses concurring, have power to alter or amend this act.

Sec. 11.  And be it further enacted, That the president


164

and directors, after the completing of said road or any part thereof, shall have full power and authority to lay and collect toll from all persons, and upon all property, merchandize, goods, cotton or other commodity or produce, transported thereon:  Provided the toll shall never exceed twenty-five per cent per annum upon the amount or sum actually vested in said road, with its appurtenances, appendages and incidents, and the company hereby incorporated shall never have or exercise banking privileges.

Approved, January 17, 1834.

[No. 116.]

AN ACT

To authorize the Judge of the County Court and Commissioners of Roads and Revenue of the county of Madison to settle with the legal representatives of Robert A. Bell, deceased.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the judge of the county court and commissioners of roads and revenue, for the county of Madison, be and they are hereby authorized to make such allowance to the securities of Robert A. Bell, late assessor and tax collector for Madison county for the year 1833, out of any moneys that had been collected by the decedent as to them may seem proper, having reference to the quantum of labor performed by said Bell, in assessing and collecting taxes.

Sec. 2.  And be it further enacted, That after said allowance is made, the said judge and commissioners are hereby required to report the same to the comptroller of public accounts.

Approved, January 17, 1834

[No. 117.]

AN ACT

Providing additional compensation for the Judge of the County Court of Baldwin County.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That hereafter the judge at the county court of Baldwin county may demand, have and receive, for all and every king of services officially rendered and performed by

him, an additional compensation of one third over and above the amount allowed by law.

Approved, January 17, 1834

[No. 118.]

AN ACT

To provide for the payment of certain expenses 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 several witnesses, who were summoned to attend the investigation of the official conduct of John H. Jones at the present session of the general assembly, shall be authorized and entitled to receive mileage at the rate of six cents per


165

mile, for each and every mile he or they may have traveled in going to Tuscaloosa in pursuance to the summons served on him or them and for returning home, together with a per diem allowance of two dollars to be computed from the time at which he or they may have arrived at the seat of government to the time to which they were discharged by the committee of this house, and that the messenger, appointed by his house to summons witnesses, be allowed mileage at the rate of six cents per mile for each and every mile he may have traveled in executing the precepts of the committee, together with a per diem pay of four dollars for each and every day he was employed by the committee, which said sums of money shall be paid on the certificate of the chairman of said committee out of any moneys in the treasury not otherwise appropriated.

Approved, January 17, 1834.

[No. 119.]

AN ACT

To make that part of Byler=s Turnpike Road in the County of Tuscaloosa a County Road.

Section. 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That all that part of Byler=s turnpike road, within the county of Tuscaloosa, be and the same is hereby made a county road, and shall be kept in repair as other county roads in said county, any law to the contrary notwithstanding.

Approved, January 17, 1834.

[No. 120.]

AN ACT

The more effectually to secure the collection of rents in the City of Mobile.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That whenever any landlord, his agent or attorney shall make complaint on oath to any justice of the peace in the city of Mobile, that any person or persons is indebted to him for the rent of any tenement within the corporate limits of the said city, and shall enter into bond and security in four times the amount of the rent alleged to be due, conditioned to pay the said defendant all costs and damages he may recover for the wrongful or vexations suing out of the warrant herein after mentioned, it shall be lawful for the said justice of the peace to issue his warrant, returnable before him not less than four nor more than ten days from the time the warrant shall be issued, directed to any constable of the said city requiring him to seize and to take into his possession, any goods and chattels which may be found in the tenement for which the rent shall be due, and the constable shall keep the goods and chattels so seized to answer the judgment which may be rendered by the justice of the peace in the cause, unless the debt shall be sooner paid with


166

all costs, and the justice of the peace on the return of said warrant shall proceed and render judgment according to the merits of the case.

Sec. 2.  And be it further enacted, That whenever the sum sworn to be due, shall exceed the sum of fifty dollars, it shall be the duty of the justice of the peace to direct the same to the sheriff of the county of Mobile, and make the same returnable before the circuit or county court of the said county, which court shall proceed at the return term of the said warrant to render judgment in the said cause, and it shall be the duty of the sheriff of the said county to proceed in the manner directed by the first section of this act.

Sec. 3.  And be it further enacted, that the said defendant to the said warrant may replevy the property seized:  Provided, he enter into bond and security, payable to the plaintiff in double the amount of the sum sworn to be due, conditioned to pay the judgment which shall be rendered against him or surrender the said property to the proper officer and the said bond shall have the force and effect of a judgment and execution may issue thereon if the property so replevyed shall not be delivered to the proper officer within fifteen days after the rendition of judgment.

Sec. 4.  And be it further enacted, That if any person shall wrongfully or vexatiously sue out such warrant, he shall be liable to pay, to the defendant therein, treble damages to be recovered by action on the case before any court having competent jurisdiction.

Approved, January 17, 1834.