[No. 84.]

AN ACT

To incorporate the Montgomery 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 John Scott Sen. Abner M=Gehee, George E.


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Matthews, William B. S. Gilmer, Jesse P. Taylor, John W. Freeman, Thomas M. Coles, Andrew Dexter, Thomas James, John Goldthwaite, Charles P. Pollard, William Sayre, Edmund Hanrich, George Wragg, Benajah S. Bibb, Justice Wyman, Thomas S. Mays, George Whitman, Francis Bugbee, N. E. Benson, Joseph Hutchison, W. P. Convers, John Martin, P.D. Sayre, C. Hooks, Green Wood, J. H. Thorington, S. W. Goode be and they are hereby appointed commissioners, any thirteen of whom shall be competent to act, and to do all business necessary to be done, by virtue of this act of incorporation and under the direction of a majority of whom, subscriptions may be received to the capital stock of the Montgomery rail road company, and they shall cause books to be opened in the town of  Montgomery and city of  Mobile, and such other place as they may think proper, for the purpose of receiving subscriptions, from time to time, to the capital stock of said company, until the sum of six hundred thousand dollars shall be subscribed, and shall give such public notice, not less than thirty days of the time and place of opening said books, as they may think proper.

Sec. 2.  And be it further enacted, That the capital stock of said rail road company shall not exceed three millions of dollars, in shares of cane hundred dollars each, and that as soon as six hundred thousand dollars shall be subscribed, the subscribers of said stock, their successors and assignees shall be, and they are hereby declared to be incorporated into a company, by the name of the Montgomery rail road company ; and by that name shall be capable its law of purchasing, holding, leasing, selling and conveying real, personal and mixed property, so far as shall be necessary for the purposes hereinafter mentioned; and by said incorporate name, may sue and be sued, plead and be impleaded, answer and be answered unto, defend and be defended, in any court of law or equity in this State, or elsewhere; to leave and use a common seal, to alter and change the same at pleasure, to pass such bye laws, rules and ordinances, for the good government of said corporation, as to them may seem proper, and generally to do and exercise all matters and things necessary to carry into full and complete effect all the objects of this act:

Provided always,  that it shall not be lawful for the said corporation to use any part of its capital stock or funds for banking purposes, nor to emit, for circulation, any notes or bills, or make contracts for the payment of money, except under the seal of said corporation, and then alone for debts contracted by said corporation.

Sec. 3.  And be it further enacted, That the sums subscribed to said capital stock shall be paid in such instalments and at such times as may be deemed best by the president and di-


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rectors of said company:  Provided, that no more than one third of the subscription be demanded in any one year from the commencement of the work, nor any payment demanded until at least sixty days public notice shall have been given of such demand by said president and directors, and if any subscriber shall fail or neglect to pay any installment of said subscription thus demanded for the space of sixty days next, after said subscription shall become due and payable, said president and directors shall be authorized to sell said stock at auction, giving sixty days public notice of such sale, and said stock shall be deemed and considered in law as personal property.

Sec. 4.  And be it further enacted, That as soon as six thousand shares of said capital stock shall have been subscribed, the commissioners, hereby appointed, shall call a general meeting of the subscribers, at such time and place as they may appoint, and shall give at least thirty days notice thereof, and at such meeting, the said commissioners shall lay the subscription books before the subscribers, then and there present, and thereupon the said subscriber, or a majority of then in value, shall elect thirteen directors by ballot, to manage the affairs of said company ; and the directors thus chosen shall elect from among themselves a president of said company, and may allow him such compensation for his services as they may think proper; and in said election, and on all other occasions wherein a vote of stockholders of said company shall be necessary to be taken, each stockholder shall be allowed one vote for every share owned by him or her:  Provided, that no one stockholder shall be entitled to more than one hundred votes ; any stockholder may depute any other person to vote and act for him, or her, as his or her proxy, and the commissioners aforesaid, or any three or more of them, shall be judges of the said first election of directors.

Sec. 5.  And be it further enacted, That the president and directors of said company shall be chosen annually on the first Monday in March at Montgomery, by the stockholders of said company; and if any vacancy shall occur by death, resignation or refusal to act, of any president or director before the year for which they were elected shall have expired, a person or persons to fill such vacant place for the residue of the year shall be chosen by said president and directors, or a majority of them, and that the president and directors shall hold and exercise their office until their successors are chosen and qualified, and that all elections which are by this act or by the laws of said company to be made on a certain day, or at a particular time, if not made on such day, or at such time, may be made within thirty days thereafter.


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Sec. 6.  And be it further enacted, That every president and director of said company, before he acts as such, shall swear or affirm, as the case may be, that he will, well and truly, discharge the duties of said office, to the best of his skill and judgment.

Sec. 7.  And be it further enacted, That at the regular annual meeting of the stockholders of said company, it shall be the duty of said president and directors in office for the preceeding year to exhibit a clear and distinct statement of the affairs of the company, for the information of the stockholders; to make and declare such dividends, as they may deem proper of the net profit arising from the resources of said company after deducting the necessary current expenses, and they shall divide the same among the proprietors of he stock of said company in proportion to their respective shares.

Sec. 8.  And be it further enacted, That the said president and directors shall have the power to call meetings of the stockholders at any time, stating in the call the business intended to be done, and no other shall be transacted at such called meeting: a majority of the stockholders in value, either in person or by proxy, shall be necessary to transact business, and at such called meeting, a majority of the stockholders in value shall have power to remove any president any of the directors, and appoint others in their stead.

Sec. 9.  And be it further enacted, That the said president and directors, or a majority of them, ma appoint all such officers, engineers, agents or servants whatsoever, as they may deem necessary for the transaction of the business of said company, and may remove any of them at their pleasure; and a majority of them shall have power to determine by contract the compensation for all engineers, officers, and servants, in the employ of said company; and to determine, by the bye laws the manner and evidence of all transfers of stock in said company; and that a majority of them shall have power to pass all bye laws, which they may deem necessary and proper for exercising all he powers vested in this company hereby incorporated, and for carrying into effect the objects of his act:  Provided only, that such bye laws shall not be contrary to the laws of this State, or of the United States.

Sec. 10.  And be it further enacted, That the president and directors of said company, or a majority of them, are empowered to borrow money to carry into effect the objects of this at; to issue certificates or other evidences of such loans, and to pledge the property of the company for the payment of the same, and its interest.

Sec. 11.  And be it further enacted, That the president and directors shall be and they are hereby invested with all the


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rights and powers necessary to the construction and repair of a rail road from the town of  Montgomery on the Alabama river to a place called West Point on the Chatahoochie river, or such other part of said river as they may think proper, and after completing said rail road to the Chatahoochie river, the said president and directors with the consent of two thirds of the stockholders in value; at a meeting to be called for that purpose may make of cause to be made a rail road to extend from any part of the rail road so completed, to any part of the Tennessee river, and may also with two thirds of the stockholders in value, make or cause to be made, any number of lateral rail roads or tracks in connection with either of said main rail road, in any direction whatsoever within the limits of the counties through which said road may pass; and the said president and directors shall be allowed the exclusive fight for fifty years from the completion of said roads to the Chatahoochie and Tennessee rivers, of using rail roads or locomotive engines between the waters of the Alabama and Chatahoochie rivers, and between either of the said rivers, and the Tennessee river:  Provided, that this charter shall be void as to the said rail road to the Tennessee river, unless the sane shall be commenced within five years, and completed within fifteen years, and as to the said road to the Chatahoochie river unless the same be commenced within three years and completed in ten years:  Provided also, that at the expiration of said fifty years, the State of Alabama shall be authorized to take the whole of said work as the property of the State upon the payment of the actual value of the stock of said company.

Sec. 12.  And be it further enacted, That the said president and directors shall be authorized to contract for and receive conveyances for any land, stone or gravel, henceforth, which may be required in the construction of said rail road, and when the owner and the company cannot agree, or when the owner is an infant,  or non compos mentis,  then it shall be lawful for said president and directors to apply to any justice of the peace for a warrant directed to the sheriff of the county commanding him to summon a jury of seven disinterested freeholders a majority of whom shall be authorized to assess the damages under the same rules and regulations now established by law, in cases of other roads, said jury, forthwith, shall assess the value of said land, stone, gravel and timber, &c : subject to the right of an appeal to the circuit court by either party, who shall think themselves aggrieved, when the trial shall be de novo by a jury as in other cases, and the sheriff shall return the same to the office of the clerk of the county court of the proper county, and at the next term of the commissioners court, the same shall be affirm-


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ed if no objection ; and if the court shall set the same aside, said court shall order a new writ and an assessment made in pursuance thereof shall be final, and the land, stone, gravel, lumber, &c. so contracted for or condemned, shall ensure to the said company, upon the payment of the said money to the persons contracted with,  or into court as the case may be, and the whole proceedings shall be entered of record in said court at the expense of said company:  Provided however, that the said work shall in no wise be delayed on account of the proceedings had as aforesaid, bit the said company on tendering the amount, to which the land, stone, gavel or timber shall have been valued, to the owner or depositing the same in the office of the clerk, of said court, may proceed with the same work if there shall be no appeal:  And provided further, that no right shall exist in said company to pull down or remove any dwelling house without the consent of the owner thereof.

Sec. 13.  And be it further enacted, That the said president and directors, after having had the track upon which said railroad is to run surveyed and selected, may proceed to let the same to contract:  Provided, that they give sixty days public notice of the time and place of letting the same to contract; and the said road or roads, with all the works, improvements and machinery for transportation used on said roads, are hereby vested in said company and their successors.

Sec. 14.  And be it further enacted, That in case any person shall willfully injure or obstruct in any degree the said road or roads, he shall forfeit and pay to the president and directors of said company three times the amount of all damages which they may sustain in consequence thereof, to be sued for and recovered in the same manner as provided by law for individuals in like cases, and on complaint made to any magistrate within whose jurisdiction such offence shall be committed it shall be the duty of such magistrate to bind over the person or persons so offending, with sufficient security for his or their good behavior, for a term not less than one year, and such offenders shall also be subject to indictment, and shall be sentenced at the, discretion of the court to be imprisoned not less than six months, nor more than eighteen months.

Sec. 15.  And be it further enacted, That in the construction of said rail road the president and directors shall not obstruct or use any public roads, now or hereafter to be established, but shall provide suitable and convenient ways, by which they shall cross the rail roads.

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 tolls from all persons, property,


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merchandize or other commodities transported thereon:  Provided, that the said company shall not charge for transportation on said road more than at the rate of fifty cents per hundred weight for every hundred miles, and at the same rate for a greater or less distance, nor more than six cents for every passenger per mile.

Approved, January 15, 1834.

[No. 85.]

AN ACT

To incorporate the Madison Turnpike Company.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That David Moore, Stephen S. Ewing, John Hardie, John Read, Francis T. Mastin, James J. Bonegan and Henry Stokes be and they are hereby appointed commissioners to open books for the purpose of receiving subscriptions to the amount of seventy-five thousand dollars, to be applied to the construction of a McAdamized road, from the Green Bottom Inn, in Madison county, to the corporate limits of the town of Huntsville, and from the corporate limits of said town, on the south, to Whitesburg, on the Tennessee river; also to construct a like road from the corporate limits of said town of Huntsville, on the west, to the top of Russell=s hill; which said sum of seventy-five thousand dollars shall be divided into shares of twenty-five dollars each, and the subscription shall be in person or by attorney ; and so soon as twenty thousand dollars shall be subscribed, it shall be the duty of the commissioners to call a meeting of the subscribers in the town of Huntsville, of which meeting, the commissioners shall give twenty days notice, in some newspaper printed in said town; and the said subscribers, from and after the first meeting, shall be and they are hereby constituted a body politic and corporate, by the name of the Madison turnpike company, and shall so continue and as such, may sue and be sued, plead and be impleaded, answer and be answered, sell and purchase, and have a common seal. The subscribers or a majority of them, who shall be present at the first meeting, shall elect nine directors, being share holders, who shall elect one of their body president of the board of directors ; and the president and directors, thus chosen, shall continue in office one year, and until another election shall take place. The president and directors, thus chosen, shall have power to receive subscriptions for the residue of the sixty thousand dollars, until the whole sum shall be subscribed for; and to make contracts with any person for the construction of said roads, and for performing such other work thereon as they may think proper and necessary; and to require, from time to time of the subscribers, such advances on the respective shares as the wants of said company may require and demand, until


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the whole subscription shall be paid: Provided, that no call shall be made for more than five dollars at any one time on each share, of which, thirty days notice shall be given in some newspaper, printed in the town of Huntsville. Said directors shall have power, upon all emergencies, to call a general meeting of the subscribers, giving thirty days notice in a newspaper, printed in Huntsville; and it shall be their duty to call such general meeting under the regulations aforesaid, whenever a majority of the stockholders shall require it. They shall also, be empowered to appoint a treasurer, clerk and such other officers as may be necessary to sign and settle all accounts, and to transact all business of the said company, during the intervals between the general meetings.

Sec. 2.  And be it further enacted, That if any subscriber shall fail to pay the sum of five dollars on each share, within thirty days after the same shall have been required by advertisement as aforesaid, it shall be lawful for the president and directors, to sell at auction, and convey to the purchaser the share or shares of such subscriber thus failing or refusing to pay, and after retaining the sum due, with costs of sale, to pay over the surplus to the former owner of such share or shares; and if the sales shall not produce the sums to be advanced, with interest and incidental charges, in that case, it shall be lawful for the company to recover the balance of the original proprietors, on motion before the county or circuit court, where such delinquent resides, ten days previous notice being given, or by warrant before any justice of the peace, where the sum does not exceed fifty dollars, upon giving the notice aforesaid; and all persons, purchasing under the sale of the president and directors, shall be subject to the same rules, regulations, restrictions and penalties as are the original proprietors.

Sec. 3.  And be it further enacted, That the president and directors, or any five of them, shall be sufficient to transact ordinary business, and all vacancies, which shall happen in the office of president or directors between the regular meetings of the share holders, shall be supplied by the directors, two thirds of the whole members being present. The clerk shall keep a regular journal of all the proceedings had and motions made at the several meetings, and each director shall be at liberty to call for the yeas and nays upon any question, and it shall moreover be the duty of the president and directors to furnish printed certificates, stating the number of shares held by each subscriber, which certificate shall be transferable by deed, which shall be recorded in a book kept by said company, acknowledged by the vendor or proved by two witnesses before the said clerk, which transfer, thus recorded, shall, to all intents and purposes,


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constitute the assignee a member of said, company, subject to all the rules and regulations thereof.

Sec. 4.  And be it further enacted, That an election for directors of said company shall be annually held in the town of Huntsville, on the same day of the same month on which the first election was held, (unless the same be on Sunday, and then on the day following,) and at each election, including the, first, the shareholders present or by proxy, by a plurality of votes, shall elect by ballot said directors, and if said election should not take place on that day, it shall be held in the same manner and with like effect, on some early day to be appointed by the president and directors then in office, of which thirty days notice shall be given in a newspaper, printed in the town of Huntsville, and to constitute any such annual meeting of the company, the presence of a majority of shareholders, by themselves or proxy, shall be necessary. In counting votes, each member shall be allowed one vote for each share, as far as ten shares, and one vote for every five shares above ten, held by him in the company at that time, and the directors shall render fair and distinct accounts of their proceedings and of all disbursements of money, to each annual meeting of the subscribers, previous to the election of directors by said meeting for the ensuing year.

Sec. 5.  And be it further enacted, That said company shall construct said roads on the sites of those now in use, so far as they tray deem expedient, but may deviate therefrom should they think fit, for the purpose of straightening said road. The said roads shall be laid out thirty feet wide, twenty‑one feet of which shall be bedded with stone or gravel, well compacted and of sufficient depth to secure a solid foundation. It shall be faced with gravel or broken stone of a depth not less than nine inches in such a manner as to secure a firm and even surface, rising in the middle by a gradual arch, to be protected on the sides by ditches so constructed as to permit, when practicable, carriages to turn off said roads; all the culverts and bridges on said roads shall be of stone, the bridges to be secured by substantial railing on the sides.

Sec. 6.  And be it further enacted, That so soon as the president and directors shall have completed the road from the corporate limits of the town of Huntsville, to the Green Bottom Inn, or shall have completed the road from the corporate limits of said town of Huntsville, west to the top of Russell's hill, or shall have completed five miles of the road from the corporate limits of said town of Huntsville to Whitesburg, they shall give notice thereof to the judge of the county court of Madison County, who shall thereupon appoint three discreet


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freeholders not interested in said roads, to view the same, and to report to him in writing whether said road is completed in a workman-like manner, according to the requisitions of this act, and if they or a majority of there report in the affirmative, it, shall be the duty of said judge to issue a license under the seal of said county to said president and directors, and their successors in office, to erect toll gates and collect tolls, as is authorized by this act, and in like manner shall license be granted and toll rates erected when the whole shall be completed:  Provided nevertheless, that no gate shall be erected nearer than two and a half miles from the town of Huntsville or the town of Whitesburg, except that the gate on the western road shall be erected at the western extremity of the same, nor more than one gate erected on each of the roads leading north and west of the said town of Huntsville, nor more than two gates on the road from the town of Huntsville to the town of Whitesburg.

Sec. 7  And be it further enacted, That it shall be the duty of the judge of the county court of Madison county, and the commissioners of roads and revenue of said county, annually to appoint three inspectors of said turnpike roads, authorized bar this act, whose duty it shall be, upon the complaint of any two freeholders in writing, that said roads are out of repair, to inspect the same, and if they find the complaint to be just they shall give notice in writing of such defect to the toll gatherer nearest the place out of repair, or may order the gates to be opened at their discretion: Provided, that no order shall be made, without five days previous notice to making such order, and  Provided also, that at the end of that time the road shall not be repaired.

Sec. 8.  And be it further enacted, That whenever said inspectors shall order any gate to be opened, no toll shall be collected, nor shall the date be closed until a certificate be granted by the inspectors or a majority of them that the road is repaired.

Sec. 9.  And be it further enacted, That if the keeper of any gate, ordered to be thrown open, shall not immediately obey such order, or shall not keep the same open until a certificate be granted permitting it to be closed, or shall hinder or delay any one in passing, or shall at any time take more toll than is allowed by law, the said company for each and every such offence shall forfeit and pay, to the party aggrieved, the sum of ten dollars, to be recovered, with costs of suit before any competent tribunal.

Sec. 10.  And be it further enacted, That if any one shall forcibly or fraudulently pass any turnpike gate, or shall dig up or spoil said road, he, she, or they, committing such offence


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shall be subject to a penalty of ten dollars, in addition to the damages resulting from such wrongful act, which penalty shall be recovered by said company, before any justice of the peace in the county of Madison or other competent tribunal.

Sec. 11.  And be it further enacted, That the following shall be the rate of toll receivable at each gate on said turnpike roads; for every twenty head of hogs or sheep, twenty cents; for every twenty head of horned cattle, thirty-seven and a half cents ; for every horse, mule or jack-ass, not employed in drawing a carriage, four cents; and so in proportion for any greater or less number of the above named animals; for every four wheeled pleasure carriage, thirty-seven and a half cents; for every two wheeled pleasure carriage, eighteen and three fourth cents ; for every loaded wagon, thirty-seven and a half cents, for every empty wagon, eighteen and three fourth cents; for every man and horse, twelve-and a half cents; for every loaded cart, eighteen and three fourth cents; for every empty cart, twelve and a half cents; for every mail coach or stage, thirty-seven and a half cents:  Provided, that the rate of toll at the gate on the road from the town of Huntsville on the west to the top of Russell=s hill, shall be one half only of the foregoing rate fixed for the other gates, and provided further, that the rate of toll for a man and horse in every case in which the man may be a resident of the said county of Madison, shall be one half only of the foregoing rate for a man and horse, and that no toll shall be required or charged for a man and horse in cases in which the man is a resident of said county, and may be going to Huntsville to attend or returning home from any court, muster, general election, or the service of any church in said town. The tolls when received shall be applied by the president and directors to finishing and completing the residue of said roads, and so soon as said roads shall be entirely completed, according to the true intent of this act, a majority of the stockholders may and shall order the net profits from the tolls hereby granted to be divided half yearly among the proprietors of said company in proportion to their respective shares, and should any person refuse to pay the toll hereby granted, at the time of offering to pass, the toll gatherer may lawfully refuse a passage to such person or thing, liable to toll as aforesaid, and if any person, article or thing liable for toll, shall by any ways pass without payment thereof on demand made, and refusal to pay, the toll gatherer may by warrant, in the name of said company from any justice of the peace, recover from the owner or person in possession of such article or thing subject to toll, five dollars for each offence.

Sec. 12.  And be it further enacted, That if said company


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shall not begin the said work within two years after said company shall have been formed, or shall not have completed the said road within seven years thereafter in the manner herein directed, then and in that case all the right and interest in said roads and tolls, hereby vested in said company, shall forever cease and be forfeited.

Sec. 13.  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 and real estate for the payment of the debts of said corporation; and it shall be lawful for said company in the location of said roads to select necessary sites for the location of gates and toll houses, not exceeding two acres at any one point; also to locate parts of said roads on private property if they shall deem it necessary to deviate from the present site of either road, and in case the said president and directors cannot agree with the owners of lands or materials required for said roads 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 of Madison County, 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 of Madison, 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 freeholders o appear before him on the land or at the place where such materials may be, 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 said road; and in all assessments of value and damages under this act the jury shall take 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 said judge to make a record thereof and return the same to the clerk of the circuit court of Madison County, and the said clerk shall enter the same as a cause on the trial docket of said court, at the term 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


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order an issue to be make between the parties to try the same matter, and the parties shall proceed therein de novo, and at the same term of the court unless sufficient cause be shewn by either party for the continuance thereof. That the judgment of the circuit court, when for the claimants, shall be that the lands in question, or the materials as the case may be, are condemned to the use of the said Madison turnpike company, and 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 wise be delayed by any proceeding had in the premises, after the judge of the county court shall return, to the clerk of the circuit court, the assessment by 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 of such land or materials with the clerk of said circuit court, may precede with the work, as upon final judgment in favor of said claim: and in as 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. 14.  And be it further enacted, That the stockholders shall be individually liable, in proportion to their respective shares, for all contracts made, bonds, bills and notes executed by said president and directors in the name of said corporation, whether the same be under seal or not.

Sec. 15.  And be it further enacted, That the stock of said company shall be deemed personal property.

Sec. 16.  And be it further enacted, That the president and directors shall pay to the judge of the county court two dollars for each warrant he may issue under the authority of this act, one dollar per day to each freeholder who may be summoned before him under the same, and one dollar to each inspector for every day they may be engaged in performing the duty required of them by this act.

Sec. 17.  And be it further enacted, That the commissioners appointed by the first section of this act, shall give thirty days notice in one of the newspapers published in the town of Huntsville, of the time when the books will be opened to receive subscriptions of stock, and that no person shall be allowed to subscribe for more than thirty shares until after the expiration of ten days from the time said books shall be first opened as aforesaid.

Approved, January 14, 1834.


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[No. 86.]

AN ACT

To revive, repeal in part, and amend an act entitled an act to incorporate the Town of Erie, in the county of Greene, approved the 14th day of December, 1822.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the above recited act be and the same is hereby revived, and the corporate limits of said town are hereby extended and enlarged, so as to include the out lots adjoining and annexed to said town, and the landings on the Black Warror river, at and adjacent to said town.

Sec. 2.  And be it further enacted, That an election shall be held at the court house in the said town of Erie, on the first Monday in February next, and on the same day in every succeeding year, to commence at 12 o=clock noon, and close at 4 o=clock in the evening, for the purpose of electing an intendant and six councillors, inhabitants and freeholders of said town, who shall serve for the term of one year, and until their successors are duly elected and qualified; which election shall be held by some justice of the peace and two freeholders or house holders of said town:  And it shall be the duty of the said intendant to preside at all meetings of the board of intendant and council, and preserve order and decorum, and in the event of his absence or incapacity, any councillor may be called to the chair for the time ; and the said intendant and councillors are hereby declared and constituted a body politic and corporate by, the name and style of the intendant and council of the town of Erie, and by that name they and their successors in office 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 and they shall have full power and authority to keep a common seal, and the same to break, alter, or amend at pleasure, and in general to do and perform all acts which are usually incident to bodies corporate, to purchase or receive, hold, use or dispose of real or personal property to the amount of twenty thousand dollars.

Sec. 3.  And be it further enacted, That the said intendant and council shall have power to pass bye laws and ordinances, necessary and proper to carry into effect the general powers granted by this act, and also such as may be necessary to preserve the health of said town, to prevent and remove nuisances, to punish and suppress gaming, and the keeping of gaming tables; to establish night watches, and patrols, to establish, alter and ascertain new streets and alleys, with the consent of the proprietors of lots or houses adjoining such streets, or alleys ; to provide for licensing, taking, regulating, and restraining theatrical amusements, and shows or exhibitions of every description in said towns to have and keep in repair the


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streets and alleys of said town, to have and exercise a general superintendance and control over the wells and springs of said town, to establish necessary inspections; to erect a market house establish and regulate markets; and the said intendant and council shall have full power and authority to alter, amend, repeal or revoke at pleasure, all bye laws or ordinances by them passed or adopted, and to provide for the execution of all bye laws and ordinances, that may at any time be in force; the said intendant and council shall also have power and authority to appoint a treasurer, assessor and tax collector and constable, and such other subordinate officers as they may think necessary; and by ordinance or by law require such security from the several officers so appointed, to annex such fees to the several officers; to impose fines for neglect of duty in office not exceeding twenty dollars, as they shall deem fit and proper; they are also hereby empowered to lay and collect such fine or fines, not exceeding twenty five dollars, for a breach or breaches of their bye laws and ordinances as they may deem proper:  Provided, always,  that in all cases where they impose a greater fine than five dollars, an appeal shall he from their decision to the circuit court of Greene county, upon the defendant entering into bond with good security within five days from the time of trial, conditions for the faithful prosecution of such appeal, and the payment of all such debt, damages, and costs, as may be awarded and adjudged by the said circuit court; and all fines imposed and collected shall be paid to the treasurer for the benefit of said town.

Sec. 4.  And be it further enacted, That the said intendant and council shall have full power and authority, annually, to levy, assess, and collect a tax, not exceeding one half of one per cent. upon the value of all real estate and property in said town, to be assessed and collected by the assessor and collector, according to such rules and regulations as may be adopted; they shall also have power to lay and collect a poll tax not exceeding one dollar on each white male inhabitant in said town above the age of twenty one years:  Provided, he shall have resided within said town three months, immediately preceeding the time the tax shall have been assessed ; they shall also have power to lay and collect a tax on all four wheel pleasure carriages in said town, not exceeding one dollar; on all retailers of spiritous or other liquors, goods, wares and merchandise, or either of them, not exceeding ten dollars per annum, and no other corporate taxes than those specified in this act shall be assessed or collected in said town.

Sec. 5.  And be it further enacted, That when any vacancy shall happen either in the office of intendant or council, by


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death, resignation, or otherwise, such vacancy shall be filled by the remainder of the board, and the intendant or councilmen so appointed shall continue in office for the remainder of the term only; and if there should be a failure to hold any annual election for intendant and councillors on the day mentioned in this act for that purpose, it shall be lawful to hold such election at any time within one month thereafter; and the board of intendant and council in office, anterior to every such election, shall not be dissolved until such election shall be held, and the intendant and councillors elected duly qualified.

Sec. 6.  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 bye laws and ordinances, either in some newspaper in said town, or at two public places in said town.

Sec. 7.  And be it further enacted, That the intendant and council first elected under this act and their successors in office, shall, severally, before they enter on the discharge of the duties of their respective offices, take an oath before some justice of the peace, that they will faithfully and impartially discharge the duties of their respective offices: a certificate of which oath shall be filed with the clerk of the board of intendant and council.

Sec. 8.  And be it further enacted, That all free white male persons of the age of twenty one years, who shall have resided within the limits of said town six months immediately preceeding an election for intendant and councillors, and all land holders, or free holders 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 an intendant or councillor, in and for said town, shall be ex-officio, a justice of the peace, during the time he, or they may continue in office, within the limits of said town, for the purpose of executing and carrying into effect the bye laws and ordinances of said intendant and council; and for trying all persons violating or committing a breach of the same, with full powers to issue all necessary summonses, warrants, executions, whether against the person, or property; or other process.

Sec. 10.  And be it further enacted, That all persons residing within the corporate limits of said town, shall be exempt from working on roads, or performing road duties without said limits; and in like manner no person residing without said limits shall be compelled to work within the same.

Sec. 11.  And be it further enacted, That all acts and parts of acts, contrary to this act be, and the same are hereby repealed.

Approved, January 14, 1834.


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