[No. 15.]

AN ACT

Authorizing the appointment of an Overseer of the roads of the Town of Russellville, and for other purposes.

Section 1.  Be it enacted by the Senate an House of Representatives of the State of Alabama in General Assembly convened, That it shall be the duty of the judge of the county court and commissioners of roads and revenue, of the county of Franklin, to appoint an overseer of roads for the town of Russellville, at the same times, and in the same manner, as overseers of roads are appointed for said county.

Sec. 2.  And be it further enacted, That hereafter an act entitled an act to reduce into one the several acts concerning roads, bridges, ferries and highways; passed January 12th, 1827, and all general laws now in force, or hereafter to be enacted on the same subject matter, shall, so far as applicable and not herein otherwise directed, be in full force and effect in the said town of Russellville, any thing in the acts of incorporation thereof to the contrary notwithstanding.

Sec. 3.  And be it further enacted, That all persons liable to work on roads residing within the distance of one half mile of the court house, in said town, within the corporate limits thereof, or not, shall, under the control and direction of said overseer and without appointment of hands, be liable to work on the roads and streets of said town, and on all public roads to the distance of one half mile, from the said court house, and not elsewhere; all other overseers and hands are hereby exempted from working on the same.

Sec. 4.  And be it further enacted, That all laws and parts of laws, contravening the provisions of this act, be and the same are hereby repealed.

Approved, December 16, 1833.

[No. 16.]

AN ACT

To amend an act approved the 24th day of December, 1824, to establish a certain road therein named.

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


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convened, That from and after the passage of this act, Wyatt Cheatham and his associates and his or their heirs, shall have all the benefits and profits arising from the toll on said road for twenty year, under the provisions of the above recited act, to which this is an amendment.

Sec. 2.  And be it further enacted, That the sixth section, of the above act recited, is hereby repealed.

Approved, December 16, 1833.

[No. 17.]

AN ACT

To repeal an act, passed on the 12th day of January, 1833, untitled an act to compensate patrols for their services in the County of Madison.

Section 1  Be it enacted by the Senate and House of Representatives, of the State of Alabama in General Assembly convened, That the above recited act be, and the same is hereby repealed.

Approved December 16, 1833.

[No. 18.]

AN ACT

To incorporate the Manual Labor Institute in Perry County.

Section 1.  Be it enacted by the Senate and House of Representatives, of the State of Alabama in General Assembly convened, That Martin A. Lea, David M=Cullough, Levi Langdon, Robert Nall, Patrick May, James Hillhouse, Isaac Hadden, John Miller, Thomas Alexander, Francis H. Porter, William E. Blassingame, Robert W. B. Kennedy, Richard B. Walthall, John H. Gray, Edwin D. King, William Stringfellow, Sidney M. Goode and Robert M. Garvan, and their successors in office, be, and there are hereby constituted a body corporate by the name and style of the trustees of the Manual Labor Institute of South Alabama; and by that name shall have full power and authority, to have and use a common seal, and the same to break, alter and renew at pleasure, to sue and be sued, plead and be impleaded, in all kinds of actions in law or equity, to receive donations and to purchase property, both real and personal, in value not exceeding three hundred thousand dollars, which shall endure to them and their successors forever; and to sell alien and dispose of the same, and to pass all such by laws, rules and regulations, as the said corporation may deem expedient, for the good government of the said institution and of their own proceedings; the same not being repugnant to the constitution and laws of the United States or of this State.

Sec.2.  And be it further enacted, That seven Trustees shall constitute a quorum for the transaction of business, and shall have power to appoint a president, a secretary and treasurer, and such other officers as may be deemed necessary for said institution, and to prescribe the duties of each; to fill all vacancies that may occur in the board of trustees, from death or resignation, to appoint all necessary committees, and to act and


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do all things whatsoever, in as ample a manner as any person or body politic or corporate can or may do by law.

Sec. 3.  And be it further enacted, That there shall be a stated meeting of the board of trustees in each year, at the time of conferring degrees, and that the President of said board of trustees shall have full power to call an occasional meeting of the board whenever it shall appear to him necessary

Sec. 4.  And be it further enacted, That the head of the institution shall be styled the president, and the instructors thereof the professors; and the president and professors or a majority of them, the faculty of the Manual Institute of South Alabama which faculty shall have the power of enforcing the ordinances and by laws adopted by the trustees for the government of the students, by rewarding or censuring them, and finally by suspending them until, a determination of the board of trustees can be had, but it shall be only in the power of the trustees at their stated meetings to expel any student or students of the said institute.

Sec. 5.  And be it further enacted, That the trustees, at their stated meetings, shall have full power, by the principal or professors of the said institution, to grant or confer such degree or degrees in the arts and sciences, to any of the students of said institution or any person by them thought worthy, as are usually granted and conferred in other colleges in the United States, and to give diplomas or certificates thereof, signed by them and sealed with the common seal of the trustees of the said institution, to authenticate and perpetuate the memory of such graduations.

Sec. 6.  And be it further enacted, That the trustees shall have the power of fixing the salaries of all the officer connected with the said institution, and of removing them for neglect, incompetency or misconduct in office, a majority of the whole number of trustees concurring in said removal.

Sec. 7.  And be it further enacted, That the said trustees shall have power to define the rates of tuition, and the same to increase or diminish at pleasure; to appoint the time of their own meetings, and to determine the place at which said institution shall be located; which shall be in Perry county.

Approved, December 16, 1833.

[No. 19.]

AN ACT

To revive and continue in force an act to incorporate the Town of Selma, in the County of Dallas, passed December 4th, 1820. WHEREAS, it is the opinion of a large portion of the citizens of said town, that the act of incorporation has been forfeited, and that no election for members of council can be legally holden:


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Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the act to incorporate the town of Selma in the county of Dallas, passed December fourth, 1820, and all other laws, in relation to said town not heretofore repealed be, and the same are hereby revived and continued in full force, so far as the same are not repugnant to this act.

Sec. 2.  And be it further enacted, That the next election for councilors, for said town, shall be held at the house of Samuel H. Bogle, in said town, on the first Monday in March next, under the superintendance and management of Gilbert Shearrer, John B. Jones, Hugh Ferguson, James Douglass, John Simpson and P.J. Weaver, or any three of them under the same rules, regulations and restrictions, as are prescribed in the before recited act.

Sec. 3.  And be it further enacted, That the said act 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 qualified charter.

Approved, December 16, 1833.

[No. 20.]

AN ACT

Specifying the distance of residence from the seat of justice that the judge of the county court of St. Clair county may reside.

Section 1.  Be it enacted by the Senate and House of Reconvened, That from and after the first Monday in February next, the judge of the county court of St. Clair county shall reside within five miles of the court house of said county.

Sec. 2.  And be it further enacted, That whenever the judge of the county, named in the first section of this act, shall or may remove without the limits specified by this act, he shall vacate his office.

Approved, December 16, 1833.

[No. 21.]

AN ACT

To permanently locate the seat of justice in the county of Talladega.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the Talladega Battle Ground, the Ford of the Talladega creek or the widow Anson=s place and Mardisville, be, and they are hereby designated as eligible sites to be voted for as the seat of justice for the county of Talladega.

Sec. 2.  Be it further enacted, That it shall be the duty of the sheriff of said county of Talladega, and he is hereby required to hold an election on the second Monday in January next, at the several election precincts in said county of Talladega: Pro-


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vided, the said sheriff shall give ten days notice, by advertising the time of holding said election, in three or more public places in said county, putting in nomination the several places to be voted for, by embodying the first section of this act in said advertisements.

Sec. 3.  And be it further enacted, That each free white male person, who has attained to the age of twenty one years, who has been a permanent citizen of Talladega county three months previous to said election, shall be deemed qualified electors to vote at said election; Provided, that the managers of said election, at each election precinct in said county, shall administer an oath to every person offering to vote at said election, under the provisions of this act, unless the person offering to vote in known to some of the managers of said election, to live in the county three months previous to the day of election.

Sec. 4.  And be it further enacted, That if any person shall vote at either of the elections mentioned in this act, who are not entitled to vote, agreeable to the provisions of this act, he or they shall forfeit and pay the sum of fifty dollars, to be recovered by action of debt, in any court having jurisdiction thereof in said county; one half of said penalty to go to the use of the informer, and the other half, to the use of the county of Talladega.

Sec. 5.  And be it further enacted, That if on comparing the polls of said election, it shall appear that no place nominated as aforesaid, shall have received a majority of all the votes given in said election, it shall then be the duty of the sheriff of said county, to hold a second election on the first Monday after the second Monday in January next, subject to the same rules and regulations as are provided for in the second section of this act; putting in nomination the two highest places voted for as aforesaid, having received the highest number of votes, and the seat nominated, receiving the highest number of votes at said second election, shall be the permanent seat of justice for the county of Talladega: Provided, nothing in this act contained, shall authorize the establishment of the site selected in the mode herein prescribed, as the seat of justice for said county, unless the title to the same can be acquired by the said county, by purchase or otherwise.

Sec. 6.  And be it further enacted, That after said election or elections to be held as aforesaid, it shall be made the duty of the said sheriff of Talladega county, forthwith, to return the site elected, to the judge of the county court for said county, who shall upon receiving said return, proceed to, and he is hereby required to appoint five good and competent commissioners,


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living contiguous to, or in the neighborhood of said seat of justice, whose duty it shall be and they are hereby authorized, or a majority of them, on receiving notice of such appointment, to proceed to dispose of any and all such real estate as the said county may receive by donation, purchase or otherwise, by laying off said real estate into suitable lots, and offer the, for sale, at public auction, as soon as practicable, after advertising the time of said sale, in two of the public newspapers printed in this State, at least four weeks previous to said sale, or longer, if the said commissioners think proper, on a credit of one and two years; and the said commissioners shall further have power and authority to contract for all the necessary public buildings for said county, shall have directions of their several constructions, and superintend, reject or receive the same when completed.

Sec. 7.  And be it further enacted, That the commissioners appointed as aforesaid, shall meet and enter upon the duties herein assigned them as early as practicable, after notice of such appointment: Provided, that the commissioners, before entering upon their duties, shall take and subscribe the following oath, to wit: I do solemnly swear of affirm, (as the case may be) that I will well and truly perform all the duties required of me, by this act, as commissioner for the said county of Talladega, to the best of my skill and ability, without favor or partiality, so help me God.

Sec. 8.  And be it further enacted, That it shall be the duty of the managers of each of the election precincts, in said county of Talladega, to preserve a list of the votes given at each precinct, together with the tickets, for the space of twenty days; and in the mean time, if either of said elections should be contested, it shall be the duty of said managers of said election or elections, after having had notice thereof, to return to the judge of the county court of said county, a list of the votes, together with the tickets given at the several precincts,; and it shall then be the duty of said judge to summon two justices of the peace, or two respectable house holders, to appear before him, at a certain time and place, by him stated, to sit together and determine said contest, by purging the polls of said election.

Sec. 9.  And be it further enacted, That in case the first election, mentioned in this act, should be contested, and the time consumed, in determining said contest, shall pass the time fixed in this act for holding said second election, in that case, it shall be the duty of the sheriff of said county, as soon as the contest is determined, to fix on another time for holding said second election, to be held as soon as practicable in strict pursuance of this act, on giving ten days notice.


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Sec. 10.  And be it further enacted, That it shall be the duty of the judge of the county court of said county, to fill all such vacancies as shall occur by death, resignation, or refusal to act, with any of the commissioners appointed by this act, shall be vested with all the power and privileges of, and subject to the same restrictions, that their predecessors were subject to.

Sec. 11.  And be it further enacted, That the place selected for the seat of justice for Talladega county shall be known as the permanent seat of justice of Talladega county.

Sec. 12.  And be it further enacted, That the managers of said election shall before entering on the duties required of them by this act, take the following oath, to wit: we do solemnly swear, that we will perform the duties required of us by this act, to the best of our skill and ability, without favour or partiality, so help me God.

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

Approved, December 18, 1833

[No. 22.]

AN ACT

To appoint a commissioner for the county of Russell to fill the vacancy occasioned by the death of Hardiman Owens.

Section 1.  Be it enacted by the Senate and House of Representatives, of the State of Alabama, in General Assembly convened, That John G. Worsham is hereby appointed a commissioner of Russell county, to fill the vacancy occasioned by the death of Hardiman Owens.

Sec. 2.  And be it further enacted, That from and after the passage of this act, the said John G. Worsham, after complying with the provisions of the act passed and approved January 12th, 1833, shall be guided by said act in his official duties, so far as said act is applicable to Russell county.

Approved, December 18, 1833.

[No. 23.]

AN ACT

To continue in force an act entitled an act to establish a public road from the house of John Gandy in Morgan county, to Baltimore or Morgan=s Springs in Blount county, passed December 23rd, 1822; also, a bill to be entitled an act to continue in force, an act entitled an act to establish a public road from near Baltimore in Blount county, to where it intersects the Blountsville road to Tuscaloosa, near the town of Elyton, in Jefferson county, passed December 9th, 1823.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the above recited acts be, and the same are hereby declared to be and continue in force, under all the regulations contained in said acts, until the 23rd day of December, one thousand eight hundred and forty five.

Sec. 2.  And be it further enacted, That all laws and parts of


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laws contravening the provisions of this act be, and the same are hereby repealed.

Approved, December 18, 1833.

[No. 24.]

AN ACT

To authorize the instruction of certain free persons of color therein described.

WHEREAS, there are now residing in the city and county of Mobile and Baldwin, many free colored creoles of said city and counties, whose ancestors were residing there in the time of the change of the flag, and to whom, by the treaty entered into between the French republic and the United States of America, in 1803, were secured the enjoyments of all the rights, advantages and immunities of citizens of the United States: and whereas the said colored creoles have heretofore conducted themselves with uniform propriety and good order, and are anxious to have their offspring educated: therefore, Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the mayor and aldermen of the city of Mobile shall have power to authorize and license such person or persons, as they may deem suitable to teach and instruct, for limited periods, the free colored Creole children, residents within the limits of the city and counties of Mobile and Baldwin, who are descendants of those persons who were residents of the said city or counties, at the time the treaty made between the French republic and the United States of America, in April, 1803, was ratified: Provided always, that none of the colored children shall be so taught and instructed, until they shall first have the permission of the said mayor and aldermen of the city of Mobile, and they shall have recorded the names of such children in a book to be kept by them for that purpose.

Approved, December 23, 1833.

[No. 25.]

AN ACT

To organize the County of Coosa, and to locate the Seat of Justice.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That Alfred Mahon, Larkin Cleveland, Simeon Chapman and George Taylor be and they are hereby appointed commissioners for the county of Coosa, who together with the judge of the county court shall have the power to locate the seat of justice for said county:  Provided, it shall be their duty to select the most eligible site at or as near the centre as practicable, and the site by them so selected shall be the permanent seat of justice for said county, and be called and known by the name of Lexington: Provided, nothing in this act contained shall authorize the establishment of the site selected as the seat of justice of said county, unless the title to the same


69

can be acquired by said county by purchase, or otherwise, and: Provided, that the site so selected by the commissioners shall be within eight miles of the centre of said county.

Sec. 2.  And be it further enacted, That said judge of the county court and commissioners shall have power to manage any and all real estate, that may accrue to said county by purchase, donation, or otherwise.

Sec. 3.  And be it further enacted, That it shall be the duty of said judge and commissioners, to have said estate laid off into lots of convenient size, and after reserving the necessary public lots, offer the residue thereof at public auction, on a credit of one and two years; requiring of the purchasers, bonds with approved security:  Provided, they shall first give notice of such sale by advertising the same in at least two public newspapers, printed in this State, for the space of thirty days, and the funds arising therefrom shall be by them applied to the use of the public buildings.

Sec. 4.  And be it further enacted, That it shall be the duty of said judge of the county court, and commissioners, to open and hold an election on the second Monday in February next, for a sheriff, a clerk of the circuit court, a clerk of the county court, an assessor and tax collector, and four commissioners of roads and revenue for said county, which election shall be held at the different precincts in said county, and according to the rules and regulations now established by the laws of this State for holding elections: Provided, that said commissioners shall before entering upon the duties as commissioners take and subscribe the following oath, viz: I do solemnly swear, that I will well and truly perform all the duties required of me, as commissioner for the county of Coosa, to the best of my skill and ability, so help me God.

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

Approved, December 24, 1833.

[No. 26.]

AN ACT

To provide for the payment of Jurors of the county of Pickens.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That hereafter on all suits determined in the circuit courts in the county of Pickens, the successful party shall in open court, and before the jury retire, pay to the foreman or juror who announces the verdict of the jury, the sum of two dollars, which said sum of two dollars shall be equally divided among the jurors now by law entitled to receive the same.

Sec. 2.  And be it further enacted, That the clerk of the


70

said circuit court, of the county of Pickens, shall in no case enter up judgement, unless the successful party shall pay the sum of two dollars, as prescribed by the first section of this act.

Sec. 3.  And be it further enacted, That the sum of two dollars, paid by the successful party in the manner prescribed by the first section of this act, shall be taxed by the clerk on the execution, and when collected shall be paid to the said successful party.

Sec. 4.  And be it further enacted, That the sum of two dollars, paid in the manner as prescribed by the first section of this act, shall stand, and be in lieu of the one dollar now by law required to be paid, and the three dollars and county tax fee, formerly by law required to be paid; any law to the contrary be and the same is hereby repealed.

Approved, December 24, 1833.

[No. 27.]

AN ACT

For the relief of Benjamin Marshall.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That Benjamin Marshall, of the county of Russell in this State, be and he is hereby made a competent witness in any court of record in the State, and before any person authorized to administer an oath, in all cases, except those in which he is rendered incompetent by some known rule of evidence.

Approved, December 24, 1833.

[No. 28.]

AN ACT

To organize the militia of Clarke county.

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 first day of February next, the militia composed of the twenty seventh and thirtieth regiments be, and the same is hereby consolidated and known as the thirtieth regiment.

Sec. 2.  And be it further enacted, That the regimental court martial, held under the provisions of this act, shall arrange company beats in such manner, as to authorize two volunteer companies in said regiment.

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

Approved, January 1, 1824.

[No. 29.]

AN ACT

To secure the payment of tales jurors 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 all tales jurors who shall serve either


71

in the circuit or county courts of Autauga county shall be paid the sum of one dollar per day, to be paid out of any money in the county treasury not otherwise appropriated.

Sec. 2.  And be it further enacted, That it shall be the duty of the treasurer of said county, to retain in his hands a sufficient sum of money out of the county tax of said county, to pay all the jurors which are by law required to be summoned for the said county; and that the said county treasurer shall attend on the last days of said courts, to pay the certificates which shall be given by the clerks of the said courts, to the jurors of the same.

Approved, January 3, 1834.

[No. 30.]

AN ACT

For the relief of William Martin late assessor and collector of the county of Dale.

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 comptroller of public accounts to issue his warrant in favor of William Martin, late assessor and collector of the count of Dale, for forty five dollars and fifty two cents, being the amount paid by him into the treasury of this State, over the taxes collected by him for the year 1832, which sum shall be paid out of any money in the treasury, not otherwise appropriated.

Approved, January 3, 1834.

[No. 31]

AN ACT

Authorizing the Judge of the County Court and Commissioners of Roads and Revenue of the County of Franklin to levy a county Tax.

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 of the county of Franklin are hereby authorized to levy a county tax, not to exceed one hundred per cent on the present rate of State tax, for the purpose of paying the claims against said county, any law to the contrary notwithstanding.

Approved, January 3, 1834.

[No. 32.]

AN ACT

For the relief of Isaac H. Roberts.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the sum of four hundred dollars be, and the same is hereby appropriated for the compensation of Isaac H. Roberts, for his services in apprehending and bringing to justice Ephriam Wassen, charged with murder; payable out of any money in the treasury not otherwise appropriated, and the comptroller is hereby directed to issue his warrant on the treasurer for the same.

Approved, January 10, 1834.


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[No. 33.]

AN ACT

To incorporate the Hibernian Benevolent Society of Mobile under the name of the Hibernian Benevolent Society of Mobile, for the purpose of extending benevolence to the natives of Ireland, and their offspring who may be in distress, which laudable object it is expedient to promote, therefore:

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That Phillip M=Loskey president, John B. Hogan 1st vice president, John E. O. Connel 2nd vice president, George F. Cumming treasurer, Thomas J. O. Connor secretary, and the members composing the association aforesaid, and their successors, are hereby incorporated as a body politic, and corporate in deed and in law; by the name and style of the Hibernian Benevolent Society of Mobile; and by said name and style, shall be known and recognized as a body corporate, and shall have perpetual succession of officers and members.

Sec. 2.  And be it further enacted, That the officers and members of said corporation and their successors shall have power to adopt, establish, ordain and make such rules, regulations, by laws and ordinances, for the government of said society, and of the officers and members thereof, from time to time, as they shall think proper for the purpose of effecting and promoting the objects for which the association was formed, and to alter the same at their pleasure, and shall and may have a common seal, which they may break and alter at pleasure; and shall have all the necessary powers to carry the object of the said association into full effect: Provided, that such rules and regulations shall not be repugnant to the constitution and laws of the United States, or of the State of Alabama.

Sec. 3.  And be it further enacted, That the said corporation, under the name and style aforesaid, shall be able and capable in law to purchase, have, hold, possess and enjoy to itself in perpetuity, or for any term of years, any estate real or personal of whatever kind or nature, and to sell, alien or dispose of the same as the association may think proper, and by its name aforesaid, may contract sue and be sued, plead and be impleaded, answer and be answered unto, in any court of law or equity in this State, and have all the rights and privileges incident to bodies corporate: Provided however, that the said corporation shall not have or posses property real or personal, to a greater amount in the whole than twenty-five thousand dollars.

Approved, January 10, 1834.

[No. 34.]

AN ACT

To establish the Moulton Rail Road Company.

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


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presentatives of the State of Alabama in General Assembly convened, That William Latch, as president, with Isaac Nowen, John Gregg, Patrick Oneal, John Galliger, David M. Hunter, John S. White, Hugh Weir, Samuel Baker, James W. Talmage, William Prewit, James M. Menis and Jeremiah W. Thomas, as directors, with their associates and successors in office, be, and they are hereby made a body politic and corporate, in deed and in law, by the name and style of the Moulton railroad company; in which name, they and their successors in office, are hereby made capable in law, to sue and be sued, plead and be impleaded, answer and be answered, defend and be defended, in any court of law or equity in this State, or elsewhere; to purchase, receive, and hold, sell, convey and confirm, real or personal estate as natural persons; to have and use a common seal; to alter and change the same at pleasure; to pass such by-laws and ordinances for the good government of said corporation, as to them shall seem proper, and generally to do and perform all acts, matters and things necessary to carry into full and complete effect, the objects of this act: Provided, that the amount of real and personal estate owned by said company shall in no event exceed the sum of three hundred thousand dollars.

Sec. 2.  And be it further enacted, That the president and directors, hereby appointed, shall continue in office until the third Monday in January, one thousand eight hundred and thirty four, on which day the stockholders heretofore subscribed, shall meet in the town of Moulton, and elect thirteen directors, stock holders in said company, one of whom shall be chosen president by the board, and shall continue in office, after having taken an oath for the faithful performance of their duties as such president and directors, until the third Monday in January next after their said election, and until their successors shall be chosen and qualified; which election shall be made on the third Monday in January annually, or in one month thereafter, by the stockholders, each stockholder having one vote for every share of stock held in said company: Provided, that no stockholder shall be entitled to more than one hundred votes.

Sec. 3.  And be it further enacted, That the president and directors of said company, shall have power to borrow money, contract debts, and be contracted with upon the credit of the stock thereof, and to pledge personal or real estate for the payment of their debts; and to appoint such officers, or agents as they may think necessary; and after their organization and first election of directors, may require such instalments as they may consider best for the interest of said company: Provided, that not more than one third of any subscription shall be required in any one year: and the estate of each individual


74

stockholders and his stock shall be liable for the debts of this company, in proportion to the amount of his stock.

Sec. 4.  And be it further enacted, that the president and directors of the said company, after they shall have been organized, may open books for subscription for stock, and thereby raise such sum, if any, as may be required to complete said road, not to exceed one hundred thousand dollars. And all the stock subscribed shall be divided into shares of one hundred dollars each, and may be transferred, which transfer shall be entered on the books of said company, and the holder thereof shall be entitled to all the benefits and subject to all the liabilities of an original stockholder, and on failure of any stockholder to pay the amount upon his stock in pursuance of any call made by the president and directors, within sixty days after such call, they shall be authorized to sell said stock, at not less than par value, for the amount so due, and said stock shall be deemed and considered in law as personal property.

Sec. 5.  And be it further enacted, That the said president and directors shall have the right to commence said road, either at the town of Moulton, or at its point of intersection with the Tuscumbia, Courtland and Decatur rail road, as they may think most to the interest of said company. They shall be authorized to receive conveyances of land, stone, gravel, &c. for the construction of said road; and when the owner is an infant, non resident or non compos mentis, the president and directors of said company may apply to any justice of the peace for a warrant, directed to the sheriff of the county, commanding him to summon a jury of seven disinterested freeholders, a majority of whom shall be authorized to assess the damages under the same rules and regulation now established by law in relation to other roads, and said jury shall forthwith assess the value of said land, stone, gravel, timber, &c. subject to the right of appeal, to the circuit court by either party, where the trial shall be de novo by a jury; and the sheriff shall return the same to the office of the clerk of the county court, of the proper county, and at the next term of the commissioners court the same shall be affirmed, if no objection; and if the court shall set the same aside, they shall order a new writ; and the assessment made in pursuance thereof shall be final, and the land, &c. so contracted for or condemned shall inure to said company for fifty year upon the payment of said money to the person contracted with or into court as the case may be; and the whole proceedings shall be entered of record in said county court, at the expense of said company  Provided, however, the said work shall in no wise be delayed by the proceedings had as aforesaid;


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but the said company on tendering the sum to which the land, stone, gravel or timber shall have been valued, to the owner, or depositing the same in the office of the clerk of said court may proceed with said work; And provided further, that no right shall exist in said company, to pull down or remove any dwelling house without the consent of the owner.  And also provided, said road shall not be commenced until the consent of the Tuscumbia, Courtland and Decatur rail road company shall first be obtained by the company hereby incorporated.

Sec. 6.  And be it further enacted, That said company, after having the tract surveyed for their road, may proceed to let the same contract in such sections as they may think best, on giving sixty days notice of the time and place of letting out said contracts: Provided, said company shall in no wise exercise banking privileges; and shall begin said work in two years and complete the same in ten years, or forfeit their charter hereby given.

Sec. 7.  And be it further enacted, That said president and directors, shall have power to call meetings of the stockholders at any time, stating in the call the business to be transacted, and no other business shall be done at said called meeting; a majority of the stockholders, in value either in person or by proxy, shall be necessary to transact business; at any meeting of the stockholders, a majority of them shall have power to remove the president of any director, and appoint others in their stead; and in case of the death, resignation, or refusal to act, of the president or any director, the residue shall have power to fill such vacancies until the next annual meeting of the stockholders, and shall have power at pleasure to remove any officers agent or servant.

Sec. 8.  And be it further enacted, That in the construction of said road, said company shall not obstruct or use the public roads or any of them, now or hereafter to be established but shall provide suitable ways by which to cross said rail road.

Sec. 9.  And be it further enacted, That said president and directors, at each annual meeting, shall exhibit to the stockholders a clear and distinct statement of the affairs of the company; and shall annually or semi-annually declare dividends of the net profits arising from said road, which shall be divided amongst the stockholders in proportion to their respective shares.

Sec. 10.  And be it further enacted, That the said road, and all works, improvements and machinery for transportation, used on said road, are hereby vested in the company, and their successors, who shall have the same right to sue for any trespass or injury done to the same, as if provided by law for individu-


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als in like cases: the State hereby expressly reserves the right to purchase said rail road at par value of the stick thereof, with all cars and machinery thereunto belonging at the end of fifty years from the date hereof, or at the expiration of every ten years thereafter.

Sec. 11.  And be it further enacted, That after the completion of said road or any part thereof, the said president and directors may lay and collect toll from all persons, property or merchandize or other commodity transported thereon: Provided, that said toll shall never amount to more than twenty five per cent upon the amount of stock of said company.

Approved, January 10, 1834.