[No. 74.]

AN ACT

To locate permanently the seat of Justice for the County of Henry.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That Moses Kirkland, Bryan Shoaler, James Bennett, Sion Smith and John Faircloth be and they are hereby appointed commissioners for the county of Henry, who or a majority of them shall have power to select one site in addition to Abbeville, or the late selected site, which new site shall be at or within three miles of the centre of said county.

Sec. 2.  And be it further enacted, That it shall be the duty of said commissioners to report to the sheriff, immediately on the site they shall have selected as aforesaid, on or before the first Monday in June next, particularly describing the same; and it is hereby made the duty of the sheriff, immediately on the receipt of said report to put up a notice, describing the new site so selected, at each election precinct in said county.

Sec. 3.  And be it further enacted, That it shall be the duty of the sheriff of said county to hold, or cause to be held an election at the different precincts in said county, at the next general election, which shall be held and conducted by the same officers and managers, and in the same manner that elections for members of the general assembly are, and the said sheriff is hereby required to give the same notice of this election, that he is required by law to give of the general elections, and the site selected by said commissioners shall be put in nomination, and voted for, as follows : those wishing to vote for Abbeville (or the late selected site) shall endorse upon the back of their tickets, Abbeville ; and those wishing to vote for the site selected under this act, shall endorse upon the back of their ticket, new site; and it shall be the duty of the officers and managers of the election, at the several election precincts after the close of the election, to count the votes at their respective precincts and make return to the sheriff of the county, the whole number of votes received for each place nominated as aforesaid, which return shall be duly certified, sealed up, and delivered to the sheriff within the time prescribed by law for making the re-


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turns for the election of members of the general assembly, and the said managers in addition to the oath now required by law to take an oath faithfully and impartially to hold and return of the election specified in this act:  Provided, That no vote shall be lost for the precise words specified in this act if there be sufficient upon the ticket to designate the place intended to be voted for; and it shall be the duty of the sheriff after receiving the returns for the different precincts in said county, to compare them and ascertain the number of votes received for each place nominated, by virtue of this act, and the place receiving the highest number of votes, he shall declare to be the permanent seat of justice for said county of Henry:  Provided however, That all courts to be held for said county shall be held at the present court-house, until the selection is made as contemplated by this act, and until some suitable house shall be provided at said new site or Abbeville, (as the case may be) in which courts may be held.

Sec. 4.  And be it further enacted, That the commissioners appointed by this act be and they are hereby authorized to purchase of any individual, or of the United States, any tract or tracts of land not exceeding one half quarter section, or receive of any person a donation of lands for the purpose of erecting thereon, the public buildings of said county, and the said commissioners shall have power to draw out of the county treasury such sums of money as shall be necessary to carry into effect the provisions of this act.

Sec. 5.  And be it further enacted, That in the event that Abbeville is made, by the provisions of this act, the seat of justice for said county, the commissioners appointed by an act of the general assembly of this State, passed on the 21st day of December, 1832, authorizing them to select a seat of justice for said county, be and they are hereby authorized to proceed to perform all duties which by said act they were empowered to do.

Sec. 6.  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: Provided however, That should there be a failure on the part of the commissioners or sheriff, by which no selection is made or election held, as contemplated in this act, then and in that case the act above referred to, passed on the 21st December, 1832, be and the same is hereby put in full force.

Approved, January 14, 1834.

[No. 75.]

AN ACT

To incorporate Athens Lodge, number 16, of Ancient Free Masons.

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 Paul Hildreth, master, and others, the officers and members of said lodge, and the several persons who are, or shall hereafter be members, respectively, of said lodge, shall be and they are hereby declared to be a body politic and corporate in name and in deed,  by the name and style of Athens lodge number 16 ; and by said name shall have a perpetual succession of officers, a common seal with power to alter the same, and to make all necessary bye laws for their better government.

Sec. 2.  And be it further enacted, That the said corporation shall be able in law to purchase, have, hold, receive, possess and enjoy, in perpetuity, or for any term of years, any lands, tenements or hereditaments, and to sell or otherwise dispose of the same in such manner as the said body politic or lodge, shall deem fit and expedient, to sue and be sued, to plead and be impleaded, in any court of law or equity in this State.

Sec. 3.  And be it further enacted, That it shall and may be lawful for the said corporation, to receive and hold forever, any donation, bequest or devise, and to appropriate the same for the benefit of the corporation in such manner as may be determined by the same

Approved, January 14, 1834.

[No. 76.]

AN ACT

Supplemental to an act entitled an act to amend act and to incorporate the town of Montgomery, approved January 15, 1828.

Section 1.  Be it enacted by the Senate and House of Representatives, of the State of Alabama, in General Assembly convened, That after the passage of this act it shall be lawful in addition to the qualifications of voters, recited in the 10th section of the above recited act, for any person owning a freehold, within the limits of the town of Montgomery, to vote in elections held for councillors of said town.

Approved, January 14th, 1834.

[No. 77.]

AN ACT

To compensate the Commissioners of Revenue and Roads of the County of Fayette.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That hereafter, the commissioners of revenue and roads for the county of  Fayette shall receive, each for their services, one dollar and fifty cents for each day they shall or may attend the commissioners court in their county, to be paid out of any money in the county treasury not otherwise appropriated, and the certificate of the clerk of the county court for said county shall authorize the county treasurer to pay out the amount certified to be due to each commissioner:  Provided, said court shall not continue in session more than two days at each term.

Approved, January 14, 1834.


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[No. 78.]

AN ACT

Prescribing the mode of removing obstructions to the navigation of Paint Rock River.

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 clerk of the circuit court for the county of Madison or Jackson, (as the case may be) upon complaint being made to him, that the navigation of Paint Rock has been obstructed or impeded by the erection of any mill-dam across said river, he shall forthwith issue his writ to the sheriff of the county in which the complaint may be made, commanding him to summons the owner or owners of said mill to appear at the next term of the circuit court, to be holden for the county in which said mill may be situated, and show cause why said mill and dam shall not be abated and the obstruction to the navigation of said river removed ; which writ shall be executed by the sheriff of the county, or some person authorized by him to do so, at least twenty days before the sitting of the said court.

Sec. 2.  And be it further enacted, That it shall be the duty of the clerk of the said circuit court, upon the return of said writ Aexecuted,” to place the cause on the State docket, to be tried as other State causes; and it shall be a sufficient execution of said writ, to leave a copy at the house of the owner, and when there are joint owners, an execution on one shall be considered sufficient as all.

Sec. 3.  And be it further enacted, That said cause shall stand for trial at the first term after the execution of the writ and the court shall set a day certain for the trail and shall direct a special jury to be summoned, whose residence shall not be in the immediate vicinity of said mill, and who shall not be connected to the party complaining or the owner or owners, either by affinity or consanguinity, and the said jury shall be sworn to try an issue to be made under the direction of the court, which shall be  Awhether the said mill or dam does or does not obstruct or impede the navigation of Paint Rock river.”  If the jury shall, by their verdict rendered, determine from the testimony to be received as in other cases, that the said mill or dam does obstruct or impede the navigation of said river, then the court shall enter judgment against the owner or owners of said mill, for all the costs which shall have accrued, and shall direct the clerk to issue his writ to the sheriff, commanding him to remove such obstructions ; which writ the sheriff shall execute within thirty days after the adjournment of said court, and the sheriff shall make return to the next term of the court, of the manner in which he has executed said writ and the cost of doing the same, which amount if deemed reasonable by the court, shall


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be paid by the owner or owners, for which execution shall be awarded as in other cases.

Sec. 4.  And be it further enacted, That it shall be the duty of the solicitor of the fifty judicial circuit, to prosecute all cases commenced under this act, and he shall be entitled to ten dollars for his services, to be paid by the party liable for the costs; and the clerk and sheriff for their services shall be entitled to the same fees as are allowed by law for similar services in other cases.

Sec. 5.  And be it further enacted, That if the sheriff fails to execute any process which he may be required to execute under this act, he shall forfeit the sum of five hundred dollars, to be recovered by motion of the persons making complaint, on giving said sheriff three days notice of the time of making said motion.

Sec. 6.  And be it further enacted, That all acts and parts of acts contrary to the provisions of this act be and the same are hereby repealed

Approved, January 14, 1834.

[No. 79.]

AN ACT

To incorporate the town of Louisville, in Barbour County.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the town of Louisville, in the county of Barbour, be and the same is hereby incorporated, including all and agreeably to the plan of said town.

Sec. 2.  And be it further enacted, That an election shall be held at some convenient house in said town, on the fourth Monday in February next, and annually thereafter; the polls to be opened at 11 o=clock in the morning and close at 1 o=clock in the evening, for the purpose of electing by ballot, five councillors, inhabitants, of said town, who shall serve for the term of one year after they shall have been elected. The first election shall be managed by a justice of the peace, citizen of the beat in which said town is situated and two householders, citizens of said town, and all subsequent elections shall be managed by two of the councillors, to be appointed by the board for that purpose, and the said councillors shall, on the next day after each election in each year, meet and elect by a majority of votes from their own body, an intendant, whose duty it shall be to preside and keep order at all meetings of the said councillors, and in his absence any other member may be called to the chair, and the said intendant and 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 Louisville, and by that name they and their successors shall be capable in law, of suing and being sued, of pleading and being impleaded in all manner of suits either in law or equity;


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also to have and keep a common seal and the same to break, alter or amend at pleasure, and in general, to do all acts which are incidental 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 pass all by laws and ordinances necessary to preserve the health of said town; to prevent and remove nuisances, to establish patrols, to clear and keep in repair the streets and alleys, to have a general control and superintendance over the springs and wells of said town, to erect and regulate markets in general, to pass such bye laws not contrary to the constitution of this State and the laws thereof, as the said corporation from time to time shall deem expedient 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, and 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 ordinances to require such security from the several officers so appointed, to annex such fees to the several offices as they may think necessary, and to impose a fine for misfeasance, malfeasance or nonfeasance in office at their discretion, not exceeding twenty dollars. They are hereby also empowered to ordain such penalty or penalties, not exceeding five 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 in said county, or intendant, or councillors of said town.

Sec. 4.  And be it further enacted, That the said intendant and council are hereby authorized, annually to levy and cause to be assessed and collected, a tax not exceeding one per centum on the value of all the real property in said town, to be assessed by the assessor according to such regulations as they may deem necessary. They shall also have power to levy and cause to be assessed and collected a poll tax, not exceeding one dollar on each white male inhabitant in said town, above the age of twenty-one years, who shall have resided in said town three months immediately preceeding the time of levying said tax; also on retailers of spiritous liquors, goods, wares, merchandize or either of them, a tax not exceeding five dollars per annum; and also on all owners of slaves, not exceeding fifty cents for each slave.

Sec. 5.  And be it further enacted, That when any vacancy shall occur in the board of councillors, such vacancy shall be filled by the board, and member or members so appointed shall continue in office until the next annual election.


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Sec. 6.  And be it further enacted, That should the election not be held on the day herein fixed for the annual election of councillors, the board shall not for that cause be dissolved, but the incumbents shall remain in office until their successor shall be elected and qualified, and it shall be the duty of the board to fix some other day within one month thereafter, on which day two of the councillors shall hold an election for councilors.

Sec. 7.  And be it further enacted, That the 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 at three public places in said town.

Sec. 8.  And be it further enacted, That the intendant and councillors first appointed and their successors in office, shall before they enter upon the duties of their office, take an oath before some person qualified to administer the same, that they will faithfully and impartially discharge the duties to them confided, to the best of their judgment and ability.

Sec. 9.  And be it further enacted, That all white male persons above the age of twenty-one years, who shall have resided within the limits of said town three months immediately preceeding the election for said councillors, and all free holders therein, shall be deemed qualified electors at such elections.

Sec. 10.  And be it further enacted, That the said board of councillors shall have power to define the limits of said town:  Provided, said limits do not exceed one half mile from its centre: And provided further, the same can be done without prejudicing the interest and rights of any citizen who does not live within one fourth of a mile from the centre of said town.

Approved, January 14, 1834.

[No. 80.]

AN ACT

To incorporate the Athens Rail Road Company.

Section 1.  Be it enacted by the Senate and House of Representative  of  the State of Alabama  in  General  Assembly convened, That the persons, who may become stockholders in the Athens rail road company according to the provisions of this act, shall be and are hereby created a corporation and body politic by the name and style of the President, Directors and Company of the Athens Rail Road Company ; and by that name shall be and are hereby made able and capable in law, to have, purchase, receive, possess, enjoy and realize to them and their successors, lands, rents, tenements, hereditaments, goods, chattles and effects, of whatsoever kind, nature or quality, in any amount not exceeding in the whole, one hundred and fifty thousand dollars, including, the capital stock of said company; and the same to sell, grant, demise alien or dispose of, to sue and


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be sued, to plead and be impleaded, answer and be answered, defend and be defended, in all courts having competent jurisdiction; and also, to make, have and use a common seal, and the same to break, alter and renew at pleasure; and also, to ordain, establish and put in execution, such bye laws or ordinances and resolutions, as they shall deem necessary and convenient for the government of said corporation, not being contrary to the constitution, or to the laws of the State of Alabama, or of the United States; and generally to do and execute all and singular, the acts, matters and things, which to them it shall or may appertain to do, subject nevertheless, to the rules, restrictions, limitations and provisions herein after described and declared.

Sec. 2.  And be it further enacted, That John R. Evans Daniel Coleman, Samuel Tanner, William S. Gamble, Jeremiah Tucker, Thomas Maclin, Nathaniel Terry, Thomas Peete, William Mason, George W. Lane and Silas Hine, be and the are hereby appointed commissioners to receive subscriptions for the purpose of erecting a rail road for the town of Athens to such point on the Tennessee river, as may be designated by the commissioners aforesaid, so that said point or termination be neither above the town of Decatur, nor below Brown=s ferry on said river.  That it shall be the duty of said commissioners to open books for the subscription of stock,  at the eagle tavern in said town of Athens, and at such other places as they may think fit on the first Monday of  March, in the year 1834, and to keep said books open until the sum  of  twenty  five thousand dollars shall be subscribed; and subscribers shall pay to the commissioners at the time of subscribing the sum of five dollars on each and every share of stock subscribed, which the commissioners shall pay over to the president and directors, to be chosen in the manner hereinafter mentioned.

Sec. 3.  And be it further enacted, That when the sum of twenty five thousand dollars shall be subscribed, it shall be the duty of commissioners to call a meeting of said stockholders for the purpose of electing seven directors of said rail road company, in the manner hereinafter prescribed, and the said directors, when elected, shall take an oath faithfully to discharge the duties of directors of said corporation ; and shall continue in office until the first Monday in January thereafter, and until their successors shall by duly qualified.

Sec. 4.  And be it further enacted, That the stock of said corporation shall be divided into shares of one hundred dollars each, transferable endorsement and entry thereof, in the books of said corporation, and the holder thereof shall be entitled to all the benefits, and subject to all the liabilities of an original stockholders.


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Sec. 5.  And be it further enacted, That if any subscriber of stock, in said rail road company, shall fail to pay his instalments as required by said president and directors, they the said president and directors shall have power to declare such shares forfeited to the company, and after giving thirty days public notice, to offer them for sale at public auction for ready money, or so many as will be sufficient to pay the amount then due and called in; a sale thus made shall vest the purchaser with all the rights of the original holder ; but shall not release such holder from the payment of any balance that may be due on his subscription ; should the stock sold produce less than the whole amount subscribed therefore, and should the money called in be paid before a sale actually takes place, together with the costs incurred preparatory to said sale, it shall restore the stock to the original holder, notwithstanding the forfeiture.

Sec. 6.  And be it further enacted, That for the purpose of managing the affairs of the said corporation, there shall be seven directors, all of whom shall be stock holders, owning at least five shares of stock ; and they shall be annually elected at the town of Athens, on the first Monday in January in each year, by the qualified stockholders of the stock of said corporation, or in one month thereafter; and each stockholder shall have one vote for each and every share of stock ; and stockholders shall have the right to vote by proxy:  Provided, that no one stockholder shall be entitled to more than one hundred votes; and the board of directors, annually at the first meeting after their election in each and every year, shall proceed to elect one of the directors to be president of the corporation, who shall hold the said office during the same period for which the directors are elected, as aforesaid.

Sec. 7.  And be it further enacted, That the president and directors of the company hereby incorporated, after they shall have been organized, may on giving thirty days notice thereof, proceed to open books for further subscription of stock, at such places, as they may think fit, and they may at their discretion continue to receive subscriptions for capital stock, until the amount taken be equal to seventy five thousand dollars, when no further subscriptions for stock shall be received, unless the same shall be authorized by a majority of the stockholders at some annual meeting; and the amount of such increase to the capital stock shall be by them particularly designated.

Sec. 8.  And be it further enacted, That said president and directors shall have power to erect, and establish a railroad, commencing at any part of the town of Athens, and running thence to such point on the Tennessee river as may be designated by the commissioners mentioned in the second sec-


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tion of this act, or a majority of them ; they shall have power to make and perform all necessary contracts, for the erecting said road, and carrying on all other business of said corporation; and they shall have power to appoint all officers, and employ such servants as may be necessary for managing the affairs of said corporation; and the stockholders shall be individually liable in proportion to their respective shares, for all contracts made, bonds, bill, notes, executed by said president and directors, in the name of said corporation, whether the same be under seal or not.

Sec. 9.  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 of said company, and to pledge personal or real estate for the payment of the debts of said corporation ; and they shall have the power to require payment of the stock subscribed, in such instalments as they may deem for the interest of said company; and in case the said president and directors cannot agree with the owners of lands or materials required for said road, as to compensation thereof, or in case the owners thereof be an infant, nonresident, or non compos mentis, the and in either case, it shall be lawful for the said president and directors to apply to the judge of the county court in which such lands or materials may be, and on such application, it shall be the duty of said judge forthwith to issue a warrant under his hand and seal, directed to the sheriff of said county, commanding him to summon the owner of such land or materials, if found in his county, and also to summon a jury of twelve disinterested free holders, to appear before him at the place where the county court for said county is by law holden, at a time not exceeding ten days for the issuance of said precept, whose duty it shall be to assess the value of the land or materials so required; and in case of lands, they shall in the same assessment, assess the damages, that the owner thereof may sustain, by reason of the land being so taken for the use of said road; and in all assessments of value and damage under this act, the jury shall taken into consideration the advantages that the defendant may derive from said road, and render their verdict accordingly ; and it shall be the duty of the judge before whom the said assessment is so made, to make a record thereof, and return the same to the clerk of the circuit court of said county; and the said clerk shall enter the same as a cause on the trial docket of said court, at the term next succeeding the return thereof, and on motion if no objection be made, the same shall be affirmed, and judgment thereof be entered, as in other cases, and if said motion be resisted, and sufficient cause in law be shown for setting aside


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said assessment, then judgment thereof shall be entered, and the court shall forthwith order an issue to be made between the parties, to try the same matter ; and the parties shall proceed therein de novo, and the same term of the court, unless sufficient cause be shown by either party, for the continuance thereof; that the judgment of the circuit court, when for the claimants, shall be that the land in question, or the materials, as the case may be, is condemned to the use of the president, directors and company of the said railroad company, and that the said company shall pay to the defendant such sum, together with costs, as may be found by the jury to be a reasonable and proper compensation ; and the said land or materials shall become vested in said company forever ; and in all cases of final judgment, the party aggrieved shall have his writ of error as in other cases: and it is hereby provided, that the work shall in no ways be delayed by any proceedings had in the premises, after the judge of the county court shall return to the clerk of the circuit court the assessment of the jury by him convened: but the president and directors, tendering the sum so assessed to the owner, or on depositing the amount for the use of the owner with the clerk of the said circuit court, may proceed with the work as upon final judgment in favor of said claim : and in case of tender as aforesaid, and acceptance thereof, such acceptance shall be considered as a release of errors in the proceedings, and the circuit court shall on suggestion inquire thereof, and give judgment accordingly.

Sec. 10.  And be it further enacted, That the president and directors of said company shall have power to call meeting of the stock holders at any time, and a majority of the stockholders in value either in person, or by proxy, shall have power to transact business : such majority shall have power to remove the president, or any of the directors, and appoint others in their stead; and in case of death, removal, resignation or refusal to act of the president or any of the directors, a majority of the residue shall have the power to fill vacancies in the board, until the next annual meeting of the stockholders: they shall also have the power to remove any officer, agent or servant.

Sec. 11.  And be it further enacted, That the president, directors and company, in surveying or locating the route of said road shall not have the power to remove any dwelling house without the consent of the owner thereof, nor shall they have the power to obstruct any highway, or use the same, but shall provide suitable and convenient ways for crossing said road: they shall in no ways exercise banking privileges; and they shall begin the work within two year, and complete the same


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within six years thereafter, or forfeit the charter hereby granted.

Sec. 12.  And be it further enacted, That the president and directors of said company shall at the annual meetings of the stockholders, which shall commence on the first Monday in January in each year, in the town of Athens, exhibit a statement of the affairs of the company, for the information of the stockholders; and such annual meetings shall be composed of the stockholders, owning at least a majority of the stock, in value represented either by the stockholders in person, or by their proxies; and such stockholders owning a majority of stock, in value, shall have the same power, as the whole of the stockholders, to transact the business of the company, and at all meetings of the stockholders, a majority of votes given in, according to the value prescribed in the sixth section of this act, shall govern.

Sec. 13.  And be it further enacted, That the president and directors shall annually or semi-annually declare, and make dividends, of the profits accruing to the said company, after deducting, therefrom, such sum as they may think sufficient for the current and contingent expenses of the company, and they shall divide the same among the proprietors of the stock, in proportion to their respective shares.

Sec. 14.  And be it further enacted, That the president and directors of said company shall have the power for and on behalf of said company, to enter into contracts with any person, company or corporation, for uniting the said road with any other road that may hereafter be constructed, or for making a joint stock with any other rail road company, or for the transportation of goods or produce to any point beyond the limits of said cases.

Sec. 15.  And be it further enacted, That the said road, with all works, improvements and machinery, of transportation used on said road, are hereby vested in the company who shall have the same right to sue and recover for any trespass or injury done to the same, as is provided by law to individuals in like cases.

Sec. 16.  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, goods merchandize or other commodities transported thereon: Provided, the toll shall not amount to more than twenty five per cent per annum, of profit upon the amount invested in said stock.

Sec. 17.  And be it further enacted, That the stock of said company shall be deemed personal property.

Approved, January 14, 1834.


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[No. 81.]

AN ACT

To incorporate the town of Benton, in the County of Lowndes.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the town of Benton, on the county of  Lowndes, be and the same is hereby incorporated; and that all that tract of land embraced in the north half of fraction one, in township fifteen and range twelve, of the district of land sold at Cahawba, together with one half of the Alabama river, lying alone the said fraction, be and the same is hereby declared to be within the limits of the same.

Sec. 2.  And be it further enacted, That on the first Monday in April in each and every year, or within sixty days thereafter, an election shall be held at some public and convenient place in said town, for five trustees, who shall serve for the term of one year, which election shall be conducted by any two of the then acting trustees ; and the said trustees shall on the day succeeding their election, or within one week thereafter in each and every year, meet and designate, by a majority of votes from their own body, a president, whose duty it shall be to preside at all meetings of the trustees, and in his absence or incapacity to attend, any member may be called to the chair, and majority of said board of trustees shall constitute a quorum to do business, and said board is hereby constituted and declared to be a body politic and corporate by the name of the president and trustees of the town of Benton, and by than name shall have and enjoy all the rights, powers and privileges and be subject to all the liabilities that are incident to bodies corporate.

Sec. 3.  And be it further enacted, That the said corporation, shall have full and complete power to make such bye laws and ordinances as they may think proper for the good government of said town, and to affix such fines and penalties as may be deemed necessary to enforce the same: Provided, said laws and ordinances be not repugnant to the laws of this State and of the United States.

Sec. 4.  And be it further enacted, That the said corporation shall be authorized to raise a revenue to carry into effect all the objects of the corporation, by laying a tax upon all town lots, houses, sales at auction, and on all species of merchandize vended or sold by the merchants of said town: Provided, that said tax shall not exceed one half of the county tax.

Sec. 5.  And be it further enacted, That the said corporation shall appoint a constable and such other officers as they may deem expedient.

Sec. 6.  And be it further enacted, That the said intendant


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shall ex-officio, be invested with all the powers and authorities that justices of the peace are by the laws of this State, and shall and may exercise the same within the limits of the said corporation, and the said constable shall be vested with all the powers and authorities that constables of the county are, by the laws of this State, and may exercise the same within the limits of said corporation, and the said intendant and constable shall be liable to the same restrictions and penalties as justices of the peace and constables of the county are.

Sec. 7.  And be it further enacted, That should any vacancies occur in the said board, such vacancies shall be filled by the remaining members of the board, and the member or members, so added, shall continue in office until the succeeding election, and the president, trustees and other officers shall continue in office until their successors are qualified.

Sec. 8.  And be it further enacted, That the said president, trustees and other officers shall, before they enter on the duties of their respective officers, take an oath before some justice of the peace, faithfully and correctly to discharge the several duties imposed by this act, without favor or partiality.

Sec. 9.  And be it further enacted, That the said constable shall not only take the oath prescribed by this act, but shall, before he enters on the duties of his office, enter into bond with good and sufficient securities, to be approved by the president of said corporation.

Sec. 10.  And be it further enacted, That George Burt, John B. Wilkins and John H. Nettles be and they are hereby appointed commissioners to hold the first election for said trustees, which elections shall be held on the first Monday in April, eighteen hundred and thirty-four, or within thirty days thereafter at the house of J. W. Kelly.

Sec. 11.  And be it further enacted, That the election for said trustees shall commence at the hour of twelve o=clock and be kept open until the hour of four in the afternoon, and that all free holders and house holders, twenty-one years of age and residing within the limits of the said corporation, be competent to vote for said trustees.

Approved, January 14, 1834.

[No. 82.]

AN ACT

In relation the town of Lowndesboro, in the County of Lowndes.

WHEREAS, by an act of the legislature, approved on the 17th day of December, anno domini, 1832, entitled an act to incorporate the town of Lowndesboro, in the county of Lowndes, it was provided that an election of councillors, under the provisions of the said act, should be holden on the first Monday in April, 1833; and whereas, in consequence of the non-pub-


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lication of said act until after that time, the commissioners appointed to hold said election were not apprised of the authority granted by the said act, and failed to hold the said election.

Section 1.  Be it therefore enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the failure to hold the said election, as provided by the tenth section of the said act, shall not divest the corporation, created by said act, of any rights, powers or privileges granted by the same, but that the said act shall be revived and continued in full force and effect:  Provided, that an election for five councillors shall be holden at any time between the first Monday in April and the first Monday in June, anno domini, 1834; and Hartwell V. Smith, John Dudley and Warren Carleton are hereby appointed commissioners, and any two of whom may hold said election.

Sec. 2.  And be it further enacted, That the failure to hold the annual election for councillors on the first Monday in April, in each and every year, as required by the second section of that act, shall not hereafter divest the said corporation of any of the rights, powers and privileges granted by said act:  Provided, that the said election shall be holden on or before the first Monday in the succeeding June.

Approved, January 14, 1834.

[No. 83.]

AN ACT

To incorporate the Alabama and Tennessee Rail Road Company.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the persons, who may become stockholder in the Alabama and Tennessee rail road company according to the provisions of this act, shall be and are hereby created a corporation and body politic, by the name and style of the President, Directors and Company of the Alabama and Tennessee Rail Road Company ; and by than name, shall be, and are hereby made able and capable in law, to have, purchase, receive, possess, enjoy and realize to them and their successors, lands, rents, tenements, hereditaments, goods, chattles and effects, of whatsoever king, nature or quality, in any amount not exceeding in the whole, two millions of dollars, including the capital stock of said company, and the same to sell, grant, demise, alien or dispose of, to sue and be sued, plead and be impleaded, answer and be answered, defend and be defended in all courts having competent jurisdiction ; and also to make, have and use a common seal, and the same to break, alter and renew at pleasure, and also to ordain, establish and put in execution, such by laws, ordinances and resolutions, as they shall deem necessary and


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convenient for the good government of the said corporation not being contrary to the constitution thereof, or to the laws of the State or the United States, and generally to do and execute all and singular the acts, matters and things, which to them it shall or may appertain to do, subject nevertheless to the rules, restrictions, limitations and provisions herein after prescribed and declared.

Sec. 2.  And be it further enacted, That John Simpson, James J. Hanna, Littleberry Leftwich and James Kirkman be, and they are hereby appointed commissioners to receive subscriptions for the purpose of erecting a rail road from the town of Florence to the State line, between the States of Alabama and Tennessee, towards the town of Pulaski, and terminating at such point on said line as may become the terminating point of a rail road from the town of Pulaski, running towards the town of Florence ; that it shall be the duty of said commissioners to open books for the subscription of stock at the eagle hotel in said town of Florence, and at such other places as they may think fit, on the third day of March in the year 1834, and to keep said books open until the sum of seventy-five thousand dollars shall be subscribed, and the subscribers shall pay to the commissioners at the time of subscribing the sum of five dollars on each and every share of stock subscribed, which the commissioners shall pay over to the president and directors, to be chosen in the manner hereinafter mentioned, and until the president and directors be chosen as hereinafter mentioned.

Sec. 3.  And be it further enacted, That when the sum of seventy-five thousand dollars shall be subscribed, it shall be the duty of the commissioners to call a meeting of said stockholders for the purpose of election seven directors of said rail road company, in the manner hereinafter prescribed, and the said directors when elected shall take an oath, faithfully to discharge the duties of directors of said corporation, and shall continue in office until the first Monday in January thereafter, and until their successors shall be duly qualified.

Sec. 4.  And be it further enacted,  That the stock of said corporation shall be divided into shares of one hundred dollars each, transferable by endorsement and entry thereof in the books of said corporation, and the holder thereof shall be entitled to all the benefits, and subject to all the liabilities of an original stockholder.

Sec. 5.  And be it further enacted, That if any subscriber of stock, in said rail road company, shall fail to pay his instalments, as required by said president and directors, they shall have the power to declare such shares forfeited to the company, and after giving thirty days public notice, to offer them for


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sale at public auction for ready money, or so many as will be sufficient to pay the amount then due, and called in: a sale, thus made, shall vest the purchaser with all the rights of the original holder, but shall not release such holder from payment of the balance that may be due on his subscription, should the stock sold produce less than the whole amount subscribed therefore, and should the money called in be paid before a sale actually takes place, together with the costs incurred preparatory to said sale, it shall restore the stock to the original holder notwithstanding the forfeiture.

Sec. 6.  And be it further enacted, That for the purpose of managing the officers of the said corporation, there shall be seven directors, all of whom shall be stockholders, owning at least ten shares of stock, and there shall be annually elected at the town of Florence on the first Monday in January in each year, by the qualified stockholders of the stock of said corporation, or in one month thereafter, and each stockholder shall have the right to vote by proxy:  Provided, that no one stockholder shall be entitled to more than one hundred voted, and the board of directors, annually, at the first meeting after their election in each and every year, shall proceed to elect one of the directors to be president of the corporation, who shall hold the said office during the same period for which the directors are elected as aforesaid.

Sec. 7.  And be it further enacted, That the president and directors of the company hereby incorporated, after they shall have been organized, may proceed to open books to obtain further subscription of stock, at such places as they may thing fit, and they may, at their discretion, continue to receive subscriptions for capital stock, until the amount taken, be equal to three hundred thousand dollars, when no further subscriptions of stock shall be received, unless the same be authorized by a majority of the stockholders at some annual meeting, and the amount of such increase to the capital stock shall be by them particularly designated.

Sec. 8.  And be it further enacted, That the said president and directors shall have power to erect and establish a rail road commencing at any part of the town of Florence, and running thence to the State line, between the States of Alabama and Tennessee, towards the town of Pulaski, to terminate at such point on said line as may be designated as the terminating point of a rail road from the town of Pulaski, running towards the town of Florence; they shall have power to make and perform all necessary contracts for erecting said road, and carrying on all other business of said corporation, and they shall have power to appoint all officers and employ such servants as may be


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necessary for managing the affairs of said corporation, and the stockholders shall be individually liable to their respective shares for all contracts made, bonds, bill, notes, executed by said president and directors in the name of said corporation, whether the same be under seal or not.

Sec. 9.  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 of said company, and to pledge personal or real estate for the payment of the debts of said corporation, and they shall have the power to require payment of the stock subscribed, in such instalments as they may deem for the interest of said company ; and in case the said president and directors cannot agree with the owners of lands or materials required for said road as to compensation therefore, or in case the owner thereof be an infant, non-resident, or non compos mentis, then, and in either case, it shall be lawful for the said president and directors to apply to the judge of the county court in which such lands or materials may be, and on such application, it shall be the duty of the judge forthwith to issue a warrant under his hand and seal, directed to the sheriff of said county, commanding him to summons the owner of such lands or materials, if found in his county, and also to summons a jury of twelve disinterested freeholders, to appear before him at the place where the county courts of such county are by law holden, at a time not exceeding ten days from the issuance of said precept, whose duty it shall be to assess the value of the land or materials so required, and in the case of lands they shall, in the same assessment, assess the damages that the owner thereof may sustain by reason of the land being so taken for the use of the road, and in all assessments of value and damage under this act, the jury shall take into consideration the advantages the defendant may derive from said road, and render their verdict accordingly; and it shall be the duty of the judge, before whom the said assessment is so made, to make a record thereof, and return the same to the clerk of the circuit court for said county and the said clerk shall enter the same as a cause on the trail docket of said court at the term next succeeding the return thereof, and on motion, if no objection be made, the same shall be affirmed and judgment thereof entered as in other cases ; and if said motion be resisted, and sufficient cause in law be shewn, for setting aside said assessment, then judgment thereof shall be entered, and the court shall forthwith order an issue to be made between the parties to try the same matter, and the parties shall proceed thereon de novo, and at the same term of the court, unless sufficient cause be shewn by either party for the continuance


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thereof, that the judgment of the circuit court, when for the complainant, shall be, that the land in question, or the materials as the case may be, is condemned to the use of the president, directors and company of the said rail road company, and that the said company shall pay to the defendant such sum together with costs as may be found by the jury to be a reasonable and proper compensation, and the same shall become vested in said company forever ; and in all cases of final judgment the party aggrieved shall have his writ of error as in other cases:  And be it further provided, that the work shall in no ways be delayed by any proceedings had in the premises, after the judge shall return to the clerk of the circuit court the assessment of the jury be him convened, but the president and directors tendering the sum so assessed to the owner, or on depositing the amount, for the use of the owner, with the clerk of the said circuit court, may proceed with the work as upon final judgment in favor of said claim, and in case of tender as aforesaid, and acceptance thereof, such acceptance shall be considered as a release of all errors in the proceedings, and the circuit court shall, on suggestion, inquire thereof and give judgment accordingly.

Sec. 10.  And be it further enacted, That the president and directors of said company shall have the power to call meetings of the stockholders at any time, and a majority of the stockholders in value, either in person or by proxy, shall have power to transact business ; such meetings shall have the power to remove the president and any of the directors and appoint others in their stead, and in case of death, removal, resignation, or refusal to act, of the president or any director, a majority of the residue shall have power to fill vacancies in the board until the next annual meeting of the stockholders, and shall have the power to remove any officer, agent or servant.

Sec. 11.  And be it further enacted, That the president, directors and company, in surveying or location the route of said road, shall not have the power to remove any dwelling-house without the consent of the owner thereof ; they shall not have the power to obstruct any highway, or to use the same, but shall provide suitable and convenient ways for crossing said roads : they shall in no ways exercise banking privileges, and they shall begin the work within three years and complete the same within ten years, or forfeit the charter hereby granted.

Sec. 12.  And be it further enacted, That the president and directors of said company shall, at the annual meetings of the stockholders which shall convene on the first Monday in January in each year in the town of Florence, exhibit a statement of the affairs of the company for the information of the


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stockholders,  and such annual meetings shall be composed of the stockholders owning at least a majority of the stock in value represented either by the stockholders in person or their proxies, and such stockholders owning a majority of stock in value shall have the same power as the whole of the stockholder to transact the business of the company, and at all meetings of the stockholders a majority of votes given in, according to the rule prescribed in the sixth section of this act, shall govern.

Sec. 13.  And be it further enacted, That the president and directors shall annually or semi-annually declare and make dividends of the profits accruing to the said company, after deducting therefrom such sum as they may think sufficient for the current and contingent expenses of the company, and they shall divide the same among the proprietors of the stock, in proportion to their respective shares.

Sec. 14.  And be it further enacted, That the president and directors of said company shall have the power, for and in behalf of said company, to enter into contracts with any person, company or corporation, for uniting the said road with any other road that may hereafter be constructed, or for making a joint stock with any other rail road company, or for the transportation of goods or produce to any point beyond the limits of said road.

Sec. 15.  And be it further enacted, That the said road, with all works, improvements and machinery of transportation used on said road, are hereby vested in the company who shall have the same right to sue and recover, for any trespass or injury done to the same, as if provided by law to individuals in like cases, but the State hereby reserves the right to purchase said rail road at the par value of the stock 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. 16.  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,  goods, merchandize or other commodities transported thereon;  Provided, the toll shall not amount to more than twenty-five per cent per annum of profit upon the amount invested in said work.

Sec. 17.  And be it further enacted, That the stock of said company shall be deemed personal property.

Approved, January 14, 1834.