[No. 47.]

AN ACT

For the relief of David Ballew.

Section 1.  Be it enacted by the Senate and House of 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 on the treasurer, for the sum of thirty dollars and fifty cents, in favor of David Ballew, for services rendered in making the returns of the election for a member of congress for the first congressional district, to be paid out of any money in the treasury not otherwise appropriated.

Approved, January 13, 1834.

[No. 48.]

AN ACT

To declare certain water course in Benton County a public highway.

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 Talishatchie creek, from its mouth to the battle ground is hereby declared a public highway.

Sec. 2.  And be it further enacted, That if any person or persons shall obstruct the navigation of said creek, by building mill-dams, fish-traps or in any other way, such person or persons shall forfeit and pay the sum of one thousand dollars, one half to the State and the other half to any person who may sue for the same, recoverable before any court of law having jurisdiction of the same, and shall also forfeit and pay all damages which any person or persons may sustain by reason of such obstructions, recoverable in the like manner, and all such obstructions may be removed by order of the county or circuit courts of said county, as a public nuisance.

Approved, January 13, 1834.

[No. 49.]

AN ACT

To authorize the levying of an additional County Tax, for the County of Lawrence.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the judge of the county court and commissioners of roads and revenue, for the county of Lawrence, be, and they are hereby authorized to levy an extra tax, for the year eighteen hundred and thirty-four, in addition to the tax now authorized by law, which additional tax shall not exceed twenty five per cent, upon the State tax for said year.

Sec. 2.  And be it further enacted, That the said additional tax, when collected, shall be under the control of said judge of the county court and commissioners of roads and revenue, and shall be applied to the discharge of a debt incurred by the county, in the purchase of land for the purpose of establishing a poor house in said county:  Provided, however, that nothing, in this act, shall be so construed as to compel the judge of the county court and commissioners of roads and revenue of the county of Lawrence, to levy said tax in the first section, but that it be left entirely at their discretion.

Approved, January 13, 1834.

[No. 50.]

AN ACT

To explain an act, entitled an act further to provide for the location of the seat of Justice in Pickens County, passed January 13, 1830.

WHEREAS, doubts are entertained as to who are the persons legally entitled to receive the new court-house, in the county of Pickens, and to pay for the same: therefore,

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the right and duty of receiving the new courthouse, in the county of Pickens, and of paying for the same,


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as provided for in the above recited act, shall not, by reason of any thing in said act contained, be construed to devolve on the commissioners of revenue and roads, together with the judge of the county court of said county; but that said right and duty shall, and are hereby declared to appertain exclusively to the court-house commissioners, who may be in office at the time of the passage of this act, and their successors hereafter lawfully appointed.

Approved, January 13, 1834.

[No. 51.]

AN ACT

To repeal in part an act entitled an act to authorize the Judge of the County Court and Commissioners of Revenue and Roads of Wilcox County, to levy an extra tax for the purpose of building a Jail to said County.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That so much of the above recited act as directs the amount raised to be appropriated to the building of a jail be, and the same is hereby repealed.

Sec. 2.  And be it further enacted, That the commissioners of public buildings shall have power to apply the proceeds to the building a jail or court house, for said county.

Approved, January 13, 1834.

[No. 52.]

AN ACT

To repeal the third, fourth and fifty sections of an act in relation to a road leading from D. Lewis, in originally Pike, but now Barbour County, approved 20th January 1830, and also the entire act upon the same subject and in relation to the same road approved 4th January 1832.

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 they are hereby repealed, Provided nevertheless, that nothing herein embraced shall preclude said road from all the rules and regulations that other public roads of the same grade is subject to by law.

Approved, January 13, 1834.

[No. 53.]

AN ACT

For the relief of the Tax collector of Tallapoosa County.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That Green W. Taylor be, and he is hereby allowed fifty per cent. for his services in assessing and collecting the taxes for Tallapoosa county, for the year 1833, in lieu of the amount now allowed by law.

Approved, January 14, 1834.

[No. 54.]

AN ACT

For the relief of the Assessor and Tax Collector of Monroe County.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the assessor and tax collector of Monroe coun-


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ty shall be allowed until the first day of April next, to complete his return to the comptroller, any law to the contrary notwithstanding:  Provided, the securities of the assessor and tax collector, as aforesaid, shall file their assent to the provisions of this act in writing, with the clerk of the county court of said county.

Approved, January, 1834.

[No. 55.]

AN ACT

For the relief of the Assessor and Tax Collector of Madison County.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the assessor and tax collector for the county of Madison, for the year 1833, shall have until the first day of March next to complete the assessment, and collect the taxes due for said county for the present year:  Provided, the securities of the tax collector, aforesaid, shall file their assent in writing to the provision of this act with the clerk of the county court of said county.

Approved, January 14, 1834.

[No. 56.]

AN ACT

For the relief of Nance C. Neely.

Section 1 Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That Nancy C. Neely who has been abandoned by her husband, John G. Neely, and who lives separately and apart from him, be and she is hereby made capable of acquiring and holding separate estate and property as if she were a feme sole, of which she may dispose by gift, grant, sale, last will and testament, or otherwise, and in the event that she shall die intestate, the same shall descend to and be distributed among her heirs, as in other cases of intestacy.

Approved, January 14, 1834.

[No. 57.]

AN ACT

To amend the Road Laws within the County of Mobile, 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 the commissioners of roads and revenue, for the county of Mobile, be, and the same are hereby authorized to levy a special tax on all taxable property, lying within the city and county of Mobile, not exceeding the sum of two cents on every hundred dollars value thereof, which tax shall be applied to the erection and repairing of bridges within said county, and for other purposes.

Sec. 2.  And be it further enacted, That so much of the road law now in force in said county, as authorizes the overseers of roads to require, from each person, ten days labor on he public roads of said county, be so amended as that the


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number of days labor shall not exceed five in each and every year.

Sec. 3.  And be it further enacted, That hereafter, all public highways in said county, which are ordinarily used and traveled upon, are hereby declared to be public roads within the meaning of the statute, whether the same have been duly laid off and so declared by the commissioners of roads and revenue or not.

Approved, January 14, 1834.

[No. 58.]

AN ACT

To adjust and settle the claims of William Jordan, for services rendered the County of Washington.

Section 1.  Be it enacted by the Senate and House of Representatives, of the State of Alabama in General Assembly convened, That John B. Hazzard, Daniel Rain and Jesse Wamack be and they are hereby appointed commissioners to adjust and settle upon principles of equity, any and every claim which the said William Jordan may have, or can substantiate against the said county of Washington, for the building of a court-house in and for said county.

Sec. 2.  And be if further enacted, That if the said commissioners, upon a fair and equitable investigation, find in favor of the said William Jordan, they shall issue certificate, stating the amount due by said county to the said William Jordan, and the amount of said certificate shall be paid out of any money in the treasury not otherwise appropriated.

Approved, January 14, 1834.

[No. 59.]

AN ACT

Supplemental to an act, to incorporate the Merchants Insurance Company of Huntsville.

Section 1.  Be it enacted by the Senate and House or Representatives of the State of Alabama in General Assembly convened, That so much of the eleventh section of said act, as relates to mortgages on unencumbered real estate, and that no mortgage shall be taken on any house in town, unless the same be insured, be and the same is hereby repealed.

Approved, January 14, 1834.

[No. 60.]

AN ACT

To revive the act incorporating the town of Bellefonte.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the act heretofore passed on the 15th day of December, 1824, incorporating the town of Bellefonte, in Jackson county, be and the same is hereby revived.

Sec. 2.  And be it further enacted, That Robert T. Scott John Cowart and Peter Keener or any two of them, be and they are hereby required to hold an election for town officers author-


93

ized by the said act, in the town of Bellefonte, giving ten days notice of such election.

Sec. 3.  And be it further enacted, That the said town shall not forfeit its charter from any failure to elect town officers, but that the same shall continue in force, and the town officers, who may be elected and qualified, shall continue in office until their successors are elected and qualified.

Approved, January 14, 1834.

[No. 61.]

AN ACT

For the relief of Thomas W. Smith, late Clerk of the Circuit Court of Shelby County.

WHEREAS, Thomas W. Smith, late clerk of the circuit court of Shelby county, some years since, received, in payment of county dues, sundry certificates and other claims against said county; and whereas, doubts have arisen in the mind of the county treasurer, as to the legality of his receiving them in discharge of the demands against said clerk; therefore,

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That it shall be lawful for said county treasurer to receive from the said Thomas W. Smith, late clerk as aforesaid, all such certificates and other claims against said county, as shall have been made out and authenticated according to law, although the same may not have been registered with him.

Approved, January 14, 1834.

[No. 62.]

AN ACT

To lay off a beat in that part of the Choctaw country, west of the Tombeckbee river, and lying in the limits of Pickens County.

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 the territory south of a line running directly west from the mouth of Beaver creek, to the Mississippi State line, and west of the Tombeckbee river, and within the limits of Pickens county as aforesaid, shall compose one beat, to be known as beat No. nine, and be attached to the second battalion, fifty-ninth regiment, fifth brigade, second division Alabama militia.

Sec. 2.  And be it further enacted, That all the territory lying north of the line specified in the first section of this act, and west of the Tombecbe river and lying within the limits of the said county of Pickens, shall be attached to beat No. eight, same battalion, regiment, brigade and division as mentioned in the first section of this act.

Sec. 3.  And be it further enacted, That it shall be the duty of the officer commanding the battalion mentioned in the first section of this act, to hold an election at the house of


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William A. Henry; in the town of Fairfield on the first Saturday in February next, giving at least ten days notice thereof, at three or more places, for the purpose of electing a captain, lieutenant and an ensign to command said beat.

Sec. 4.  And be it further enacted, That should the proper officer fail, on the first Saturday in February, to hold the election as mentioned in the third section of this act, he is hereby authorized and required to hold the same on the first Saturday in March next, giving ten day notice thereof, at three or more places in said beat.

Approved, January 14, 1834.

[No. 63.]

AN ACT

To authorize Harrel Hobdy, Sheriff, or Barbour county, to keep his office in the town of Louisville in said county.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That Harrel Hobdy, sheriff of Barbour County, be and he is hereby authorized to keep his office, advertise and conduct the sales of all property sold by him as sheriff, in the town of Louisville, during the time for which he was elected:  Provided, that nothing in this act shall extend beyond the time for which said Hobdy was elected.

Approved, January 14, 1834.

[No. 64.]

AN ACT

To authorize the Judge of the county Court, and Commissioners or Roads and Revenue for the county of Blount, to levy a special tax for the purpose of building a new Court House and Jail, in the Town of Blountsville for said county.

Section 1.  Be it enacted by the Senate and House or 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 Blount, be and they are hereby authorized and empowered to appoint three commissioners, who shall have power to contract for, and direct, and superintend the building of a new court house and jail of such descriptions and dimensions as they may agree upon, with the approbation of the judge of the county court and commissioners of roads and revenue for said county.

Sec. 2.  And be it further enacted, That in case of the death, resignation, or refusal to act, of any of said commissioners, the judge of the county court for Blount county shall forthwith fill such vacancy by appointment, and the said commissioners shall receive one dollar per day each, for their services, during the performance of their duty herein specified, to be paid out of the money collected by this act; and said commissioners, before entering on the duties of their office, shall severally take the following oath before some judge of justice of the peace:  AI do solemnly swear, that I will faithfully and impartially execute


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the duties of my appointment of commissioner, under the act for building a court house and jail in the county of Blount, and that I will be governed by what I conceive to be the best interest of the county aforesaid; without regard to jealousies or prejudices, and in all things will perform the duties of my appointment, agreeable to law, and the best of my skill and judgment, so help me God.”

Sec. 3.  And be it further enacted, That the said commissioners shall take of the undertaker or undertakers, bond with approved security payable to them as commissioners, in double the sum at which the building may be let ; conditioned for the faithful performance of the work according to the plan by them devised, and in due time.

Sec. 4.  And be it further enacted, That the county court of Blount county, composed of the judge and commissioners of roads and revenue, be and they are hereby authorized and empowered to levy a special tax on the persons and property of the citizens of said county, liable to taxation as in other cases, sufficient to defray all expenses to be incurred under this act, which tax shall be assessed in the following manner, to wit: one third part annually for three years.

Sec. 5.  And be it further enacted, That the taxes, authorized to be assessed by the fourth section of this act, shall be collected by the tax collector, for the county of Blount, in like manner as other county taxes are collected by law, and for the same compensation as received for collecting other taxes in said county; which taxes when so collected shall be paid over annually to the aforesaid commissioners, appointed as expressed.

Approved, January 14, 1834.

[No. 65.]

AN ACT

To permanently fix the seat of Justice for the County of Tallapoosa.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That Daniel Welch, Irvin Lawson and Benjamin Young be and they are hereby appointed commissioners to select a suitable place, within ten miles of the centre of said county, for a seat of justice; and they are hereby authorized to do and perform all the duties as commissioners for the county of Tallapoosa, as was required of the commissioners by an act passed at the last session of the general assembly.

Approved, January 14, 1834.

[No. 66.]

AN ACT

To provide for the appointment of a Commissioner in the County of Benton.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That William Arnold be and he is hereby appoint-


96

ed a commissioners for the county of Benton to fill the vacancy occasioned by the removal of Lemuel J. Bradford.

Approved, January 14, 1834.

[No. 67.]

AN ACT

To change the time of holding the Commissioners Court of Roads and Revenue in the County of Washington.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the commissioners’ courts of roads and revenue, in the county of Washington, shall be holden on the third Mondays of January, April, July and October, until otherwise altered by law.

Sec. 2.  And be it further enacted, That all laws, contravening the provisions of this law, be and the same are hereby repealed.

Approved, January 14, 1834.

[No. 68.]

AN ACT

To incorporate the Mobile and New Orleans Steam Boat navigation company.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That William D. Stone and his associates are hereby constituted and appointed a body corporate, by the name and style of the Mobile and New Orleans steam boat navigation company, for the term of twelve years from and after the passage of this act, and they are hereby vested with all the rights and privileges and subject to the same restrictions which are granted and imposed in an act to incorporate the Mobile steam boat company, passed on the twenty-seventh day of November, eighteen hundred and twenty-one.

Approved, January 14, 1834.

[No. 69.]

AN ACT

To authorize the building of a Court House in Montgomery County.

Section 1.  Be it enacted by the Senate and House or Representatives of the State of Alabama in General Assembly convened, That the judge of the county court and commissioners of roads and revenue of Montgomery county, or their successors in office, be and they are hereby authorized to levy and collect a special county tax not exceeding eighty per cent on the State tax, and to continue the same from year to year until the fund, arising thereby, shall be sufficient to defray all the expenses incurred in building a court house in the town of Montgomery:  Provided, the cost of said building shall not exceed the sum of ten thousand dollars.

Sec. 2. And be it further enacted, That the judge and commissioners, aforesaid, be and they are hereby authorized to contract in such manner as they may deem proper for the erection


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of said court house, and they are hereby further authorized to loan a interest any money that is or may hereafter by in the hands of the county treasurer, or tax collector of said county, levied for the purpose of building said court house in said county of Montgomery:  Provided, the person to whom said money is loaned, with two good and sufficient securities, each worth double the sum loaned, shall before the judge of the county court confess judgment for amount loaned, and interest thereon, with a stay of execution for such sum as may be agreed upon:  Provided also, that such stay shall not be for a longer time than twelve months.

Approved, January 14, 1834.

[No 70.]

AN ACT

Further to extend the time for the relief of Sterling E. Harrison.

Section 1.  Be it enacted by the Senate and House or Representatives of the State of Alabama in General Assembly convened, That Sterling E. Harrison be and he is hereby allowed until the first day of March, one thousand eight hundred and thirty-five, to make payment of one half of a judgment obtained against one Joel Gibbs by the State of Alabama, until the first day of March one thousand eight hundred and thirty six, to make payment of the remaining half.

Sec. 2.  And be it further enacted, That the sheriff of Montgomery county, be and he is hereby required to delay making the money on the execution against the said Sterling E. Harrison, except at the times prescribed by this act:  Provided, the said Sterling E. Harrison give good and sufficient security, to be approved of by the lawyers having the control of the case, for the payment of said debt, interest and costs which shall be filed with the papers belonging to said suit in the clerk=s office, and have the force of a judgment, and upon failure to pay the amount of said bond when due, execution shall issue thereon.

Sec. 3.  And be it further enacted, That the act entitled an act for the relief of Sterling E. Harrison, approved December 9th, 1831, be and it is hereby repealed.

Approved, January 14, 1834.

[No. 71.]

AN ACT

To form a company beat of Militia of a less number of privates than forty in the County of Franklin.

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, there may be formed a new company beat of militia, of a less number of privates than forty, in the thirty-seventh regiment of Alabama militia, in the county of Franklin, bounded as follows:


98

beginning on the Tennessee river, one mile from the mouth of Cane creek and on the east side of said creek; thence up the east side of said creek, as high as said thirty-seventh regiment extends, so as to include all that may reside within one mile of down said line to the Tennessee river; thence up said river to the beginning, shall constitute a militia company beat, to be know by the name of the Cane creek company.

Sec. 2.  And be it further enacted, That the company thus formed, shall be officered in the same manner as the other militia companies are in this State, and as soon as said company is organized, the captain is hereby authorized and required to hold an election for two justices of the peace and one constable, and the justices of the peace and constable, so elected, shall be subject to the same rules and regulations that other officers of the same grade are, and shall hold their office until the next general election for such officer.

Approved, January 14, 1834.

[No. 72.]

AN ACT

To organize and continue in office certain Officers in the sixteenth Company of the fifteenth Regiment of Alabama Militia, in Jefferson County.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That all officers civil and military, elected under the authority of Shelby county, and now in commission in the thirteenth company of the fifteenth regiment of Alabama militia, in Jefferson county, shall and they are hereby continued in office for the terms for which they may have been elected, any law to the contrary notwithstanding.

Approved, January 14, 1834.

[No. 73.]

AN ACT

To authorize the Judge of the County Court of Commissioners of Roads and Revenue, for the County of Jefferson, to lay a separate tax for building or repairing a Jail in said County.

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 Jefferson, be and they are hereby authorized and empowered to assess an additional tax, on the persons and property of the citizens of the county of Jefferson, such amount as they may think necessary for building or repairing a jail in the town of Elyton, in said county:  Provided, that the amount assessed shall not exceed five hundred dollars in any one year.

Sec. 2.  And be it further enacted, That the amount of taxes, so assessed, shall be collected by the assessor and tax collector,


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in the same manner, and for the same fees as other county taxes is collected, and when so collected, shall be paid over by said collector, to the clerk of the county court annually.

Sec. 3.  And be it further enacted, That the judge and commissioners of roads and revenue shall compose a committee to contract and superintend the building or repairing a jail in said county, and that no money for building shall be drawn, but on the certificate of the judge and commissioners of said county court.

Approved, January 14, 1834.