[No. 35.]

AN ACT

Supplemental to an act, entitled 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 so much of said act, to which this is a supplement, as requires the elections of a site for a permanent seat of justice in said county, to take place on the second Monday in January, instant, and the first Monday thereafter, be, and the same is hereby repealed; and instead thereof, it shall be the duty of the sheriff of said county, to hold said first election on the fourth Monday in January, instant; and in case of a second election being necessary, under the provisions of the act to which this is a supplement, the said sheriff shall hold said second election, on the second Monday in February next: Provided, that should a contest take place, as supposed by the ninth section of said act, the sheriff aforesaid shall hold an election as contemplated by said ninth section, instead of one on the second Monday in February next, if necessary.

Approved, January 10, 1834.

[No.36.]

AN ACT

To be entitled an act to authorize Mace T.P. Brindley, to Turnpike certain Roads therein named.

Section 1  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That Mace T.P. Brindley and his associates be, and they are hereby authorized and empowered to lay out and open two roads by the most eligible routes, which they have or may hereafter discover, from whatever place or places, he the said Brindley or his associates may think proper, from the Southern Settlements in Morgan county, in the direction to Blount county, either of which may intersect such public roads now or hereafter to be established by the county courts of Blount and Morgan counties, as the said Brindley and his


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associates may think the nearest and best, which roads or either of them are hereby established a turnpike road or roads.

Sec. 2.  And be it further enacted, That Elijah M=Pherson, Lewis R. M=Pherson, William Nichols and Gregory Glasscock, be and they are hereby appointed commissioners, any two of whom may legally act, to revive the Blount Spring=s turnpike road, and that John Graves, William Moore, Joel Read, James Hendricks and Charles Holt, be and they are hereby appointed commissioners any two of whom may legally act to revive the Blountsville turnpike road, and if but two of said commissioners should act on either road, both in either case shall concur in opinion, but should they be unable to do so in either case two out of three, or a majority of the whole five on either road,  shall be required to determine in their opinion; the Blount Springs, or Blountsville turnpike road, as the case may be, is so opened or cleared of obstructions as to authorize the erection of turnpike gates respectively, and the reception of toll as hereinafter authorized.

Sec. 3.  And be it further enacted, That the commissioners appointed as aforesaid, shall be called on by the said Brindley and his associates, shall have power to make the examination contemplated by this act, and render to the said Brindley a report thereof in writing; they shall be authorized to demand and receive from the said Brindley and his associates a reasonable compensation for their services respectively, recoverable before any court having jurisdiction of the same.

Sec. 4.  And be it further enacted, That the county court of commissioners of roads and revenue of Blount county, shall annually after the erection of a gate on either of the said roads at their August term, have power to appoint a jury to consist of three respectable citizens of their county, who being first duly sworn properly to examine and impartially report the situation of both said roads to the next term of said court after their appointment, and if they report said roads or either of them not in as good repair as contemplated by this act, it shall be the duty of said court upon such report to order a notice to issue to the said Brindley and his associates, requiring them to set open said gate or gates, and not again demand toll until they shall have procured the report of three respectable citizens of said county, made on oath that said road, or roads is now in good repair as contemplated, and if on the contrary said report be, that either of said roads is not in good repair as required by this act, the said court shall have power to render up judgment and award execution for the costs of said examination, report, and notice given to each of said commissioners, what said court


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may consider reasonable and right against said Brindley and associates.

Sec. 5.  And be it further enacted, That the said Brendley and associates, their agent or attorney, shall have power to bring suits and hold to bait, as in other civil actions before any court having jurisdiction either in Blount or Morgan counties, against any person or persons, who may attempt to evade payment of toll according to the rates hereinafter established, and if any one be convicted of liability and failure to pay such toll the judgment shall be rendered up for fourfold toll and costs, as in other cases made and provided, that on proof the road or roads, was not in repair as contemplated by this act the judgment shall be rendered up against the said Brindley and associates, for costs.

Sec. 6.  And be it further enacted, That the said Brindley and associates are hereby authorized to establish gates on each or either of said roads, so soon as they procure the respective reports of the commissioners mentioned in the second section of this act and charge the following rates of toll, viz; for every four wheeled carriage, seventy five cents, for every two wheeled carriage twenty five cents, for every man and horse twelve and a half cents, for every horse and mule, six and one fourth cents, for every head of cattle, hogs or sheep, three cents.

Sec. 7.  And be it further enacted, that the said roads shall be put and kept in the following order, to wit: cut out as may be reasonably required, at least twenty feet wide, ten feet of which shall be grubbed, and the banks of all creeks, branches and hills, put in such order, that loaded wagons can travel with convenience.

Sec. 8.  And be it further enacted, That said Brindley and his associates, their heirs, assigns or transferees by keeping up said road, or either of them in good repair as required, by the seventh section of this act, to amend and receive the tolls aforesaid, for the space of sixteen years for the erection of said gate or gates respectively, Provided, that should said road or roads be impaired by hurricanes or otherwise, the said Brindley and associates opening the gate or gates, for the time being, may afterwards repair and charge toll again: And, provided further, that the said road or roads shall be commenced within one year from the passage of this act, and completed within three years thereafter, or forfeit the right hereby granted.

Sec. 9.  And be it further enacted, That for the space of eight years after erecting the respective gates, the citizens of Blount and Morgan counties shall be permitted to pass said roads without paying toll: Provided, they can satisfactorily


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make it appear that they are a citizen or citizens, of either of the aforesaid counties, as the case may be.

Sec. 10.  And be it further enacted, That if either of said roads should pass on land or through enclosures, belonging to any individual or individuals who may consider him, her of themselves damaged by the opening of such road, or roads, such aggrieved person or persons shall have the same redress as though it had been public road, established by the county courts under the existing laws of the State.

Approved, January 11, 1834.

[No. 37.]

AN ACT

For the relief of Henry Stringfellow.

Section 1.  Be it enacted by the Senate and House or Representatives of the State of Alabama in General Assembly convened, That the comptroller of public accounts be, and he is hereby authorized and required to issue his warrant in favor of Henry Stringfellow, for the sum of three hundred and fifty dollars, being one half the value of a slave the property of said Stringfellow, who was in custody for a capital crime, and who was deprived of his life while in the custody of the law, to be paid out of the funds provided for the payment of slaves executed in pursuance of law.

Approved, January 11, 1834.

[No. 38.]

AN ACT

To divorce Mary S. Brooke from her husband Edward F. Brooke.

Section 1.  Be it enacted by the Senate and house of Representatives of the State of Alabama in General Assembly convened, That in conformity with the decree of the circuit court of Greene county, sitting in chancery, entered at the fall term of said court, in the year of our Lord, one thousand eight hundred and thirty three, the bonds of matrimony, heretofore solemnized and subsisting between the said Mary S. Brooke, and the said Edward F. Brooke, be, and the same are hereby annulled and made void, and that the said Mary S. Brooke, from her said husband Edward F. Brooke, be henceforth divorced.

Approved, January 11, 1834.

[No. 39.]

AN ACT

For the relief of the members of the Franklin Fire Engine Company No. 3, of 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 the members of the Franklin fire engine company No. three, of the city of Mobile, shall and may hereafter have and enjoy all the rights, privileges and exemptions to which the members of the Fire Engine Company No. two, of


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the city of Mobile are entitled, under an act approved 15th January, 1831: Provided however, that the number of members of the said first named company shall not exceed forty.

Approved, January 11, 1834.

[No. 40.]

AN ACT

To amend an act, entitled an act, to incorporate the Tuscumbia, Courtland and Decatur Rail Road Company and for other purposes.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That should the president and directors of the Tuscumbia, Courtland and Decatur rail road company, or a majority of them, be unable to agree with the proprietors, for the purchase and legal conveyance of such quantity of ground, not exceeding two acres, on the upper end of said rail road, where the same shall strike the Tennessee river, in the town of Decatur, and at such other points immediately on the line of the said road, not to exceed six places and not more than two acres at any one place, as may by said president and directors be deemed indispensable for ware houses, and other convenient or necessary buildings; or should the owners of such ground be infants, non-residents or person non compos mentis, or laboring under any other legal disability to contract, or should the said owners be unknown, then and in either of the said cases, it shall be lawful for the said president and directors, or a majority of them to apply, under the provisions of the act which this is intended to amend, for and obtain a writ of ad quod damnum, under which writ, such proceedings shall be had for the valuation and condemnation, to the use of the said president and directors of the aforesaid ground, as are prescribed in the before recited act, and under such rules and regulations as are now established by law, saving to the parties aggrieved, in all cases, the right to appeal as provided in the fifth section of said act.

Sec. 2.  And be it further enacted, That upon the condemnation of the ground or land as aforesaid, if the owner or owners thereof, or any part thereof should be infants, or persons non compos mentis, or not resident in the State of Alabama, or unknown, then the damages assessed, shall be paid over to the legal representatives of such persons, or if there be no such legal representatives, or they be unknown, then the payment of the damages shall be made to such person or persons as the judge of the county court of Morgan county shall direct; the said judge first requiring the persons to whom the money is directed to be paid, to enter into bond with sufficient security, in the penalty of double the amount so paid over, conditioned, that he or they will faithfully account for and pay over


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the amount by them received, to the person or person legally entitled to the same, whensoever a demand thereof may be lawfully made.

Sec. 3.  And be it further enacted, That the president and directors, of the said rail road company, shall have power, on failure of any stockholder to pay any instalments or amount, in pursuance of any call which has heretofore been or hereafter may be made by them, or the stockholders of said company, to sell the stock of any such defaulting stockholder, or so much as may be sufficient to pay the sum for which he may be in arrears at public sale, at such public place as they may appoint, for the best price in cash that can be obtained, after having given at least sixty days notice thereof, by advertising such intended sale in some newspaper, printed in the Tennessee valley; and the stock, so sold, shall be deemed personal property, and the purchaser thereof shall receive a certificate of purchase from the president and directors of said company, and acquire all the rights of the original stockholder, and the excess of such sale, after paying all arrearages due on such stock, shall be paid to such defaulting stockholder or his representatives.

Sec. 4.  And be it further enacted, That the provisions at the end of the fourth section of an act, entitled an act to incorporate the Daletown, Woodville and Greensborough rail road company, approved December the 27th, 1832, be, and the same is hereby repealed; and hereafter, it shall be lawful for the president and directors of said company to sell the stock of any stockholder as provided for by the said fourth section, at public auction for what it will bring, on giving ten days public notice of the time and place of sale, and the said stockholder or stockholders shall be liable to the said president and directors, for whatever difference there shall be on such sale between the price or sum for which the said stock shall be sold under its par value.

Approved, January 11, 1834.

[No. 41.]

AN ACT

To incorporate the Town of Decatur.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That from and after the passage of this act, the town of Decatur in Morgan county, as laid out and establish by the trustees of the Decatur land company in the year 1820, be and the same is hereby incorporated.

Sec. 2.  And be it further enacted, That on the 1st Monday in February next, and in each and every year thereafter, an election by ballot for five councillors, resident land holders, shall be held at some convenient and public place in said town, who


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shall serve for the term of one year after they shall have been elected, the first election shall be conducted and managed by Jesse H. Davis, John J. Ormond, Rheasha N. Walden and Edward F. Logwood, or any two of them, and all subsequent elections shall be held by two of the councillors, to be appointed by the board for that purpose, and the said councillors, so elected, shall on the next day after such election, in each and every year, meet and elect by a majority of votes, from their own body, and Intendant, whose duty it shall be to preside and keep order, at all meetings of the said councillors, and in his absence or incapacity, any other member may be called to the chair, and the said councillors shall be and they are hereby constituted a body corporate by the name and style of the Intendant and Council of the town of Decatur, and by that name, they and their successors in office, shall be capable in law of suing, and being sued, pleading and being impleaded in all manner of suits either in law or equity; May have com also to have and keep a common seal, and the same to break alter and amend at pleasure, and in general do all acts which are incident to bodies corporate, and to purchase, hold and dispose of, for the benefit of said town, real, personal or mixed property, to the amount of five thousand dollars.

Sec. 3.  And be it further enacted, That the said corporation shall have power to ordain or to pass all such ordinances and resolutions, and make all such regulations as may by them be deemed necessary for the good order and government of said corporation, which may extend to the preservation of health, to prevent and remove nuisances, appoint boards of health when necessary, to license, tax and restrain theatrical amusements, shows and museums of all kinds whatsoever within said corporation; to restrain and prohibit every species of gambling drunkenness, profane swearing or other obscene or unlawful language, assaults and batteries, and all other breaches of the peace; appoint night watches and patrols when necessary; to clean and keep in repair the streets of said town, to remove and prohibit trespasses on the same; to regulate the stationing, mooring and anchorage, of all steam boats and other boats or crafts lying at the wharfs or landing within the said corporation; to have a general superintendance and control over the landings and wharfs, public springs and wells of said town; to regulate the price of cartage, drayage, and waggonage, and grant licenses to all who cart, dray or wagon for pay; lay and collect taxes on all property, both real and personal, including poll taxes, within said corporation for the purpose of defraying the expenses of the same; to grant licenses to retailers of spirits and liquors; to regulate or restrain them when deemed a nuisance; to grant licenses to, and tax merchants and auctioneers;


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to prevent the introduction of contagious of infectious diseases within the town; to restrain and prohibit all nightly or disorderly meetings or assembly of slaves, free negroes or mullattoes and other knavish and disorderly persons; arrest and sell vagrants for a time not exceeding three months; who have no known place of residence, and cannot show how he or they obtain an honest livelihood; to restrain and prevent all free persons from trading with negroes without an order written or verbal from his or her owner, agent or overseer, and in general to pass such by laws, not contrary to the constitution of this State, and the laws thereof, as the corporation shall from time to time deem expedient and necessary to carry into effect the meaning and intent of this act, and the same to put in execution, to revoke and alter as the said corporation shall deem expedient; the said corporation shall have power to appoint a treasurer, assessor, collector and constable and such other subordinate officers as they may think necessary, and by ordinance, require such security from the several officers so appointed, to annex such fees to the several officers, not exceeding fifty dollars as they shall deem necessary; they are hereby also empowered to levy such fine or fines not exceeding ten dollars for a breach or breaches of their bye laws as they may deem proper, and all fines by them imposed shall be sued for in the name of the corporation, before any justice of the peace, and the money so recovered shall be paid to the treasurer for the benefit of said town: Provided, that this act and all the bye laws and ordinances of the said corporation shall be at all times subject to revision or repeal by the general assembly.

Sec. 4.  And be it further enacted, That when vacancies shall happen in the board of councillors by death, resignation or otherwise, such vacancies shall be filled by the board, and the member or members so added shall continue in office until the succeeding annual election.

Sec. 5.  And be it further enacted, That should the elections not take place on the day fixed for the annual election of councillors, to board shall not, for that cause, be dissolved, but the incumbents shall remain in office until their successors are elected, and it shall be the duty of the board to fix some other day as early as convenient, within one month thereafter, on which day two of the councillors shall attend and hold an election for councillors.

Sec. 6.  And be it further enacted, That said Intendant and Council shall appoint a clerk, whose duty it shall be to keep a fair record of their proceedings and to publish the same and all laws and ordinances, in some public newspaper, or at three several public places in said town.


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Sec. 7.  And be it further enacted, That the Intendant and Councillors first appointed, and their successors in office, shall, severally, before they enter upon the duties thereof, take an oath before some person qualified to administer the same, that they will faithfully discharge the duties to them committed, without favor, affection or partiality; a certificate of which oath shall be filed with the clerk of the board of councillors.

Sec. 8.  And be it further enacted, That all white male inhabitants above the age of twenty one years, who shall have resided within the limits of said town six months, immediately preceding an election for councillors, and all land holders of freeholders therein shall be deemed qualified electors at such election.

Sec. 9.  And be it further enacted, That each and every person, who may be elected a councillor for said town, shall exofficio, be a justice of the peace within the limits of the same.

Approved, January 11, 1834.

[No. 42.]

AN ACT

To authorize and require the encampment of the thirty third Regiment of the Militia of this State 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 from and after the passage of this act, the militia composed of the above named regiment shall convene at some suitable place as near the centre of the regiment as practicable, and shall there encamp for the space of six days, once in each and every year in the following manner, to wit: all the commissioned and non commissioned officers shall convene and be drilled by the adjutant of said regiment, at least three days previous to the time that the privates shall be ordered to join the encampment.

Sec. 2.  And be it further enacted, That all privates, required to perform military duty in said regiment, shall be ordered to join said encampment by the colonel commanding: Provided however, that the colonel shall give at least ten days notice of the time and place of such encampment, through the non commissioned officers of said regiment, which notice shall be served either in person or in writing, left at the usual place of residence of such private, a return of which service and the precise manner in which it was made, shall be made to the respective captains in said regiment, on or before the second day of the encampment.

Sec. 3.  And be it further enacted, That all commissioned officers in said regiment shall appear in full uniform agreeably to the usage and custom of the army of the United States.

Sec. 4.  And be it further enacted, That a failure to com-


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ply with the provisions of this act, on the part of any officer or officers of said regiment, shall be fined and punished according to the laws now regulating the militia of this State.

Sec. 5.  And be it further enacted, That each and every private shall be required to appear on parade, or in the discharge of any other duty, at such time as he may be ordered under the provisions of this act, with a gun, and in case of failure on the part of any private to comply with the provisions of this act; every such private shall be liable to pay a fine of not less than one nor more than three dollars per day, for every such failure, which shall be collected in the manner and form that other fines in similar cases now are, and paid over to the paymaster of said regiment; which monies shall be subject to the order of a court martial of said regiment.

Sec. 6.  And be it further enacted, That said regiment shall be, and they are hereby exempt from the performance of all other military duty, except patrol duty or in cases of insurrection or invasion.

Approved, January 11, 1834.

[No. 43.]

AN ACT

To require the Sheriff of Madison County to hold an election for an Assessor and Tax Collector for the year 1834.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the sheriff of Madison county be, and he is hereby required to hold an election for an assessor and tax collector, for the year 1834, on the second Monday in February next, at the different precincts in said county, giving ten days notice thereof.

Sec. 2.  And be it further enacted, That the person elected shall, on or before the first day of March next, enter into bond with such security as may be approved by the judge of the county court of Madison county, for the faithful performance of his duties as in other cases of assessor and tax collectors.

Sec. 3.  And be it further enacted, That should the assessor and tax collector, by this act to be elected, fail to enter into bond as by this act required by the time herein specified, then and in that case, his office shall be vacated, and the judge and commissioners shall fill such vacancy as in other cases.

Approved, January 11, 1834.

[No. 44.]

AN ACT

To appoint Commissioners for the County of Sumpter, to survey and sell town lots in the Town of Livingston, the seat of Justice thereof, and to erect public buildings in the same.

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 John Horn, Worham Easly, John P. M=Intosh, Jefferson C. M=Alpin, John C. Whitsett, Archelaus B. Thomas, Benjamin F. Bullock, William Anderson and James Savage be, and they are hereby appointed commissioners, for the purpose of surveying, laying off and selling lots in the town of Livingston, the seat of justice in the county of Sumpter; and contract for and cause the public building to be erected for said county, on such terms as they may think most conductive to the true interest of said county.

Sec. 2.  And be it further enacted, That it shall be the duty of the commissioners aforesaid to employ the county surveyor, or some other fit person to survey, designate, and lay off lots in said town, by such metes and bounds, and of such dimensions as said commissioners may direct, and make out a fair plat, or correct map, with the certificate of the surveyor thereto, and return the same to the clerk of the county court, whose duty it shall be to record the plat, or map, with the surveyors certificate in the record books of his office.

Sec. 3.  And be it further enacted, That the commissioners for the county aforesaid, shall give six weeks notice at least, in some newspaper printed in this State, of the time and place of the sale of lots at the seat of justice aforesaid, and also at three or more public places by advertisement in the said county.

Sec. 4.  And be it further enacted, That the commissioners aforesaid, shall have power and authority to sell the lots aforesaid, on such terms and conditions as they may in their opinions think calculated to promote the best interests of the said county; but in no instance to make a title in fee simple to any purchaser or purchasers of any lot or lots, until the whole consideration for the same is actually paid.

Sec. 5.  And be it further enacted, That the commissioners aforesaid, shall cause to be laid out by the county surveyor, or other fit person, a public square of such dimensions as they may deem proper, and such other lots as said commissioners in their opinion may deem necessary for public use, and reserve the same from sale.

Sec. 6.  And be it further enacted, That the commissioners aforesaid, shall have power and authority to pay Jesse Cooper such sum, as they in their opinion may think a reasonable compensation for his improvements on the site of said town; which said sum shall be paid out of the monies arising from the sale of lots in said town.

Sec. 7.  And be it further enacted, That the commissioners aforesaid shall give six weeks notice that they receive proposals for the building of a court house, jail, and other neces-


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sary buildings for the use of said county, of such dimensions as they may think proper, at the expiration of which time the said commissioners shall take bond with approved security, from the undertaker or undertakers, in double the amount for which said public buildings may be undertaken, for the faithful completion thereof by the time specified in the bond; and agreeable to the plan by them devised, payable to them as commissioners as aforesaid, and their successors in office.

Sec. 8.  And be it further enacted, That the commissioners, aforesaid, shall elect or appoint a treasurer out of their own body, or otherwise before the sale of the lots aforesaid; who shall give bond with approved security, to be adjudged of by said commissioners, payable to the governor, for the time being, of the State of Alabama and his successors in office, in such sum as said commissioners may require; which bond shall be recorded in the clerk=s office of the county court, and therein deposited, and a copy thereof shall be sufficient evidence, if the original be lost or destroyed.

Sec. 8.  And be it further enacted, That all notes, bonds, or other instruments of writing, taken by said commissioners, not otherwise herein provided for, for the payment of money, shall be payable to the treasurer of the board of commissioners and his successors in office, and deposited in the hands of the said treasurer; who is hereby vested with full power to sue for, and recover the sum or sums of money therein specified.

Sec. 10.  And be it further enacted, That in case of the death, resignation or refusal to act, of either of the commissioners aforesaid or treasurer, it shall and may the lawful for the residue, or a majority of the commissioners aforesaid, to nominate and appoint any fit person or persons, to fill such vacancy or vacancies.

Sec. 11.  And be it further enacted, That the commissioners, aforesaid, shall take the following oath before any justice of the peace, subscribe the same, and deposit oath in the office of the clerk of the county court, viz: I -------- do solemnly swear (or affirm as the case may be,) that as commissioner of Sumpter county, I will faithfully, impartially, and to the best of my abilities, discharge the duties of commissioner for the county of Sumpter, and far as my power, to the best interest of the county of Sumpter, so help me God.

Sec. 12.  And be it further enacted, That the commissioners and treasurer, aforesaid, shall from time to time receiver such compensation for their services as shall be allowed them by the county court aforesaid, to be paid out of the county treasury.

Sec. 13.  And be it further enacted, That the commissioners, aforesaid, may, at any time draw on the treasurer of the board


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of the commissioners for such sum or sums of money as they may deem necessary for erecting the public buildings, and carrying the provisions of this act into effect.

Approved, January 13, 1834.

[No. 45.]

AN ACT

To repeal an act, for the relief of the Sheriff of St Clair County.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That an act, approved January 12, 1833, entitled an act for the relief of the sheriff of St. Clair County be, and the same is hereby repealed.

Approved, January 13, 1834.

[No. 46.]

AN ACT

Supplemental to an act, authorizing a Lottery for the improvement of a road therein named, passed the 17th 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 aforesaid act, as appoints Stephen S. Ewing, John C. Grayson, Joseph Pickens and John R. H. Acklin a board of improvement, be, and the same is hereby repealed.

Sec. 2.  And be it further enacted, That William D. Hallowell, George Cox, George Fearn and Stephen Debo be, and they are hereby appointed a board of improvement, agreeably to the provisions of said act.

Sec. 3.  And be it further enacted, That the necessary charges, that my be incurred in preparing and drawing said lottery, shall be raised by the same, in addition to the sum of three thousand dollars, which is authorized by said act.

Approved, January 13, 1834.