[No. 87.]

AN ACT

To provide for the election of Commissioners in the town of North Tuscaloosa and to appoint Commissioners to superintend the public buildings in the county of Walker.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That an election shall be held on the first Saturday in March next, at the tavern of J. Cleveland in said town, and on the same day in each succeeding year, for the purpose of electing five commissioners under the same rules and regulations as provided by the second section of the act to incorporate said town, passed the second day of January, 1833.

Sec. 2.  And be it further enacted, That the first election for said commissioners shall be held under the direction of A. H. White, Charles Snow and B. T. Teerce; and all subsequent elections shall be held as provided for by the third section of the act incorporating said town:  Provided however, that in case the persons appointed should fail to hold the election on the first Saturday in March next, they may hold said election on some other day, by first giving ten days public notice of the same.

Sec. 3.  And be it further enacted, That Hendricks Snow, Samuel B. Patton, and Levi Ledes, senr., be and they are hereby appointed commissioners to superintend the public buildings in the county of Walker, with the same power and authority as heretofore given by the act appointing commissioners to superintend the public buildings for said county.

Approved, January 14, 1834

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[No. 88.]

AN ACT

Permanently to locate the Seat of Justice in Franklin County, and for other purposes.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That it shall be the duty of the sheriff of Franklin county, at the August election for 1835, to be holden for representatives, to require each person voting at said election, to say, on his ticket Russelville, or Tuscumbia and it shall be the duty of the managers of said election, at each precinct, to make return to the sheriff of said county, as all other returns are required to be made of votes so taken.

Sec. 2.  And be it further enacted, That if a majority of the votes should be in favor of Tuscumbia, it shall be the duty of the sheriff to notify the judge of the circuit and county courts of the same, and also to notify the clerks of said courts.

Sec. 3.  And be it further enacted, That if a majority of the votes, taken as aforesaid, shall be in favor of a removal of the seat of justice to Tuscumbia, then and in that case, it shall


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be the duty of the clerks of said courts to make all process issued in 1835, that are returnable after the first day of January 1836, to make them returnable at Tuscumbia, which shall be the place of holding courts for said county, after the first day of January 1836:  Provided, the citizens of Tuscumbia, with those living in the Tennessee Valley, and within the limits of the 37th regiment in Franklin county, will provide a suitable house in said town for holding courts, until one can be built: And provided further, that the citizens of  Tuscumbia, with those living within the bounds of the 37th regiment, will raise a sum sufficient for the erection of the new court house in the town of Tuscumbia.

Sec. 4.  And be it further enacted, That the citizens of the town of Tuscumbia, with the citizens of the 37th regiment, shall build a new court house in the town of Tuscumbia, free of any charge or expense to the citizens of Russels valley, comprising the citizens of the 9th regiment.

Sec. 5.  And be it further enacted, That the citizens of Tuscumbia, with the citizens of the 37th regiment, may use their own discretion in the mode of raising the means for making or building the new court house by subscription, taxation or otherwise, any law, usage or custom, to the contrary notwithstanding.

Approved, January 16, 1834.

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[No. 89]

AN ACT

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

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That from and after the passage of this act, there shall be formed a new company beat of militia, of a less number or privates than forty men in the 18th regiment of the Alabama militia, in the county of Tuscaloosa, and bounded as follows; to commence at the north east corner of the 18th township, range 12 west, thence south till it strikes Thorington=s creek, thence down said creek to where it intersects the Sipsy river, thence to run from the 15th section in the 19th township, west to Pickens county line, thence along said line till it strikes the Fayette county line, thence east to the beginning, which shall constitute a militia company beat, number nine of the 18th regiment in Tuscaloosa.

Sec. 2.  And be it further enacted, That the company thus formed shall be officered in the like manner as the other militia beats are in this State, and as soon as said company is organized the captain is hereby authorized to hold an election for two justices of the peace, if there is no justice residing within the limits of said company.

Approved, January 16, 1834.


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[No. 90.]

AN ACT

To repeal an act entitled an act to regulate the payment of Petit Jurors in the county of Baldwin, and for other purposes.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That an act entitled an act to regulate the payment of petit jurors in the county of Baldwin, approved 10th January, 1831, be and the same is hereby repealed; and the petit jurors of said county shall be paid in conformity with the general law providing for the payment of jurors.

Sec. 2.  And be it further enacted, That hereafter there shall not be more than thirty-six jurors summoned to attend each term of the circuit court of Baldwin county.

Approved, January 16, 1834.

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[No. 91.]

AN ACT

To authorize Peyton Bibb to erect a Wharf on the Alabama river, at a place therein named.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That Peyton Bibb be and he is hereby authorized to erect a wharf on the Alabama river, on the west side of lots No. one, two and three, in square No. thirty-five in the town of Montgomery; and to dig down the bluff at the south west corner of lot No. three, so as to make an easy admission for downward craft into a natural basin lying on the south side of lot No. three; and that he be authorized to collect, demand and receive of and from the owners or consignors of all goods which shall be landed from the Alabama river upon said wharf or from said basin, and from the owners of all goods which shall be sent from said wharf by the Alabama river; and from the owners or captains of steam boats, barges, flats or rafts which shall lay at the said wharf or in said basin as he shall direct or appoint not exceeding the following rates; for each bale of cotton, eight cents ; each bushel of grain or salt, two cents; each barrel, five cents; each hogshead or pipe, twenty cents; each thousand feet of lumber, seventy-five cents; all boxes, packages and merchandize usually charged by measurement, at the rate of one cent per foot; and for all steam boats, barges, flats or rafts to receive and collect a sum not exceeding two dollars per day for each day they may remain at said wharf or in said basin:  Provided, that nothing in this act shall be so construed as to prevent the legislature from altering or amending the above rates of wharfage upon the petition of fifty or more petitioners resident in the county of Montgomery, notice of such petition having been served upon the said Peyton Bibb, twenty days before the same shall be presented to the general assembly.

Approved, January 16, 1834.


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[No. 92.]

AN ACT

To establish a Road therein named.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That Clement Billingslie, B. B. Lamar, Willis Atkins, Henry Lucas, Green Wood and Thomas M. Cowles be and they are hereby appointed commissioners, or a majority of them, to mark and lay out a road, the nearest and best route from the Line creek road, commencing at or near Killcrease=s creek, and crossing the Tallapoosa river at the old Augusta ferry; thence to Buck=s bridge on Hachacuba creek; thence to the Tuckabatcha town, in Tallapoosa county.

Sec. 2.  And be it further enacted, That before the said commissioners enter upon the discharge of their duties herein assigned them, they shall take and subscribe to the following oath, to wit:  I do solemnly swear, that I will truly and faithfully, to the best of my judgment, mark out a road agreeably to the first section of this act, and report the same to the commissioners of roads and revenue for Montgomery county.

Sec. 3.  And be it further enacted, That the judge of the county court and commissioners of roads and revenue shall, on the receipt of the report of the said commissioners, appoint an overseer to open the same, who shall be governed in all cases, by the laws now in force, in opening new roads.

Approved, January 16, 1834.

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[No. 93.]

AN ACT

To authorize William Wilson to emancipate certain slaves therein named.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That William Wilson, of the county of Dallas, be and he is hereby authorized to emancipate and set free a certain male slave named Jim, and a certain female slave named Livina, on condition that the said slaves shall remove, within one year, beyond the limits of this State, never more to return.

Sec. 2.  And be it further enacted, That if the said slaves shall return within the limits of this State, after they shall be so removed and emancipated, they shall be apprehended by the sheriff of the county where they may be found, and by him advertised and sold as slaves for life; and the proceeds of such sale, after paying all necessary expenses, shall be paid into the county treasury of the county where they shall be sold.

Sec. 3.  And be it further enacted, That in case the said Wilson shall so emancipate the said slaves, it shall in no wise prejudice the rights of any creditor or creditors of him the said Wilson, but they shall be subject to be sold to pay any and all of his just debts.

Approved, January 16, 1834.


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[No. 94.]

AN ACT

To provide a fund for compensating the grand and petit jurors of the County of Marion.

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 judge of the county court and commissioners of revenue and roads of the county of Marion, annually, when they assess the county tax for said county, to assess also, a special tax, not to exceed on hundred per cent. upon the State tax for that year, and it shall be the duty of the tax collector to collect, account for and pay over the same, in the same manner and under the same responsibility, and for a like compensation, as the other county tax; and the said tax, when so levied and paid over to the county treasurer, shall be by him set apart to itself, and shall constitute a fund exclusively for the payment of the grand and petit jurors for the county of Marion hereafter to be drawn : and shall not be subject to be drawn upon or appropriated for any other purpose, on any pretence or pretext whatsoever.

Sec. 2.  And be it further enacted, That there shall be summoned to attend the circuit court of Marion county, at the several terms thereof, thirty-six jurors and no more to be drawn and summoned in all respects as now provided by law.

Approved, January 16, 1834

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[No. 95.]

AN ACT

Divorcing Ebenezer Whiting from his wife Lucy M. Whiting

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That in conformity with the decree of the circuit court of the county of Greene, exercising chancery jurisdiction, the bonds of matrimony, heretofore solemnized and subsisting between Ebenezer Whiting and Lucy M. Whiting, be and the same are hereby declared null and void, and that the said Ebenezer Whiting be henceforth divorced from the said Lucy M. Whiting.

Approved, January 16, 1834.

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[No. 96.]

AN ACT

For the relief of Solomon Evans.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the receiver of the land office at Courtland is hereby authorized and required to pay to Solomon Evans, or his assigns, the amount heretofore paid for the purchase money of the north half of the east half of the north-east quarter, section seventeen, township two, range ten west, as described in certificate No. three thousand six hundred and sixty-eight of that office:  Provided, the said Solomon Evans does, on or be-


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fore the first day of May next, return the certificate of said tract of land to the register, with a relinquishment thereon of all title or claim to said land.

Sec. 2.  .And be it further enacted, That said tract of land described in the first section of this act, shall, when relinquished, be subject to sale or entry in the same manner as other lands that have never been entered.

Approved, January 16, 1834.

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[No. 97.]

AN ACT

For the relief of the Captain of the Perseverance Fire Engine Company No. 1. of the City of Mobile.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That B. Tardy, captain of perseverance fire engine company No. 1., the city of Mobile, and his successors in office shall hereafter be exempt from the performance of jury duty, and the payment of road taxes in the county of Mobile.

Approved, January 16, 1834.

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[No. 98.]

AN ACT

For the relief of Henry Stovall

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the receiver at the land office at Courtland is hereby authorized and required to receive from Henry Stovall as purchaser of the west half of the south west quarter of section three, in township six and range four west, one dollar and twenty-five cents per acre, as full payment therefore under the same rules and regulations as if the said tract had been originally entered at that price.

Sec. 2.  And be it further enacted, That the said Henry Stovall shall be allowed, in completing his payments hereafter falling due for said land, a credit for the amount paid by him for said land in any instalments heretofore paid over the amount he would have paid, if said land had been originally purchased at one dollar and twenty-five cents per acre, any law usage or custom to the contrary notwithstanding.

Approved, January 16, 1834.

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[No. 99.]

AN ACT

To incorporate for a limited time the Paint Rock river navigation Company

WHEREAS, the persons residing in the vicinity of Paint Rock river in Jackson county, encounter many obstacles in getting their produce to market, and the health of their families endangered and their lands injured by the falling timber in said stream, and the accumulation of drift wood therein, causing the same to overflow, for remedy whereof.

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 James Daniel, Jacob Gilleland, Archibald Woods, John Bridges, Samuel Rowan, John Brewer and Samuel McDavid, and their associates of said county, be formed into a company for the purpose of removing the obstructions to the navigation of said river, from the junction of Larkins fork to the Madison county line, which company shall continue for the space of five years from the first day of January, 1834.

Sec. 2.  And be it further enacted, That James Daniel Jacob Gilleland, Archibald Woods, John Bridges, Samuel Rowan, John Brewer and Samuel McDavid, aforesaid, are appointed commissioners to superintend the said improvements whose duty it shall be, as soon after the passage of this act as may be, to register the names of those persons who may apply to them for the purpose, not to exceed sixty-seven, and give them a certificate thereof, which shall entitled them to the privileges and subject them to the liabilities hereinafter named.

Sec. 3.  And be it further enacted, That the persons, who shall have their names registered as aforesaid, shall compose a part of the company hereby incorporated, and shall be bound to labor for the space of five days at least during each year of the continuance of said company, in removing the obstructions aforesaid under the direction and superintendence of the aforesaid commissioners, at each time and at each place between the junction aforesaid and the Madison county line as they shall direct, under the penalty of one dollar for each and every day they shall fail to work after being duly notified, to be recovered by an action before any justice of the peace for said county in the name of the commissioners, which shall by them be appropriated to the improvement of the navigation of said stream, and all the persons so registering their names, and the commissioners aforesaid shall, during the continuance of said association, be exempt from working on any road during the continuance of their association, any law to the contrary notwithstanding.

Approved, January 16, 1834

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[No.100.]

AN ACT

To divorce certain persons therein named.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That in conformity with the decree of the circuit court of Montgomery county in chancery sitting, the bonds of matrimony, heretofore solemnized and subsisting between Victor F. Mongin and Elizabeth Mongin his wife, be dissolved; and that the said Victor F. Mongin be henceforth divorced from the said Elizabeth Mongin.

Sec. 2.  And be it further enacted, That in conformity with the decree of the circuit court of Madison county, the bonds of


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matrimony, heretofore solemnized and subsisting between Anna Sanders and William Sanders her husband, be dissolved and that the said Anna Sanders be henceforth divorced from the said William Sanders

Sec. 3.  And be it further enacted, That in conformity with the decree of the circuit court of Marengo County, the bonds of matrimony, heretofore solemnized and subsisting between Martha Wright and Edwin Wright her husband, be dissolved; and that the said Martha Wright shall be henceforth divorced from the said Edwin Wright.

Sec. 4.  And be it further enacted, That in conformity with the decree of the circuit court of the county of Tuscaloosa the bonds of matrimony, heretofore solemnized and subsisting between Abraham Perkins and Diana Perkins his wife, be dissolved; and that the said Abraham Perkins shall be henceforth divorced from the said Diana Perkins.

Sec. 5.  And be it further enacted, That in conformity with the decree of the circuit court of Wilcox County, the bonds of matrimony, heretofore solemnized and subsisting between James Luke and Mary Luke his wife, be dissolved; and that the said James Luke shall be henceforth divorced from the said Mary Luke.

Sec. 6.  And be it further enacted, That in conformity with the decree of the circuit court of Madison County, the bonds of matrimony, heretofore solemnized and subsisting between Betsy Felton and John Felton her husband, be dissolved; and that the said Betsey Felton shall be henceforth divorced from the said John Felton.

Sec. 7.  And be it further enacted, That in conformity with the decree of the circuit court of  Baldwin county, the bonds of matrimony, heretofore solemnized and subsisting between Elizabeth Singletory and Thomas T. Singletory her husband, be dissolved; and that the said Elizabeth Singletory shall be henceforth divorced from the said Thomas T. Singletory.

Sec. 8.  And be it further enacted, That in conformity with the decree of the circuit court of  Montgomery County, the bonds of matrimony, heretofore solemnized and subsisting between Amos Beck and Tempy Beck his wife, be dissolved and that the said Amos Beck shall be henceforth divorced from the said Tempy Beck.

Sec. 9.  And be it further enacted, That in conformity with the decree of the circuit court of Wilcox County, the bonds of matrimony, heretofore solemnized and subsisting between Ann M. Brown and Morgan G. Brown her husband, be dissolved and that the said Ann M. Brown shall be henceforth divorced from the said Morgan G. Brown.


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Sec. 10.  And be it further enacted, That in conformity with the decree of the circuit court of Dallas County, the bonds of matrimony, heretofore solemnized and subsisting between Elizabeth Ann Battle and Nathan W. Battle her husband, be dissolved; and that the said Elizabeth Ann Battle shall be henceforth divorced from the said Nathan W. Battle.

Sec. 11.  And be it further enacted, That in conformity with the decree of the circuit court of Mobile County, Laura Bell shall be and she is henceforth divorced from the bed and board of William Bell her husband.

Sec. 12.  And be it further enacted, That in conformity with the decree of the circuit court of Mobile County, Susan Pool shall be and she is hereby divorced from the bed and board of her husband Samuel Pool.

Approved, January 16, 1834

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[No. 101.]

AN ACT

For the relief of John Mangon.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the license granted to John Mangon, by the county court of Greene County, shall be effectual and valid, and that the said John Mangon shall be entitled to keep a public ferry at Jones, Bluff on the Tombeckbe river, as authorized by his said license, any thing in the laws which prohibit a ferry from being established and kept within two miles of another ferry, to the contrary notwithstanding.

Approved, January 16, 1834

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[No. 102.]

AN ACT

To authorize Thomas Pugh, Clerk of the Circuit Court, and James G. Coleman Clerk of the County Court to keep their offices at the Town of Louisville in the County of Barbour.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That Thomas Pugh, clerk of the circuit court, and James G. Coleman, clerk of the county court, be and they are hereby authorized to keep their offices at the town of Louisville in the county of Barbour, till after the first Monday in August next.

Approved, January 16, 1834

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[No. 103.]

AN ACT

To amend an act incorporating the town of Huntsville passed January 9, 1828.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That from and after the passage of this act, the election for aldermen in the town of Huntsville shall be holden on the third Monday in December in each year, the said election to be conducted in the same manner as is directed by the act


143

which this is intended to amend; that two aldermen shall be elected by the qualified electors of said town for each ward, as the said wards are or may hereafter be laid off, who shall be residents of the wards in which they may be elected at the time of their election.

Sec. 2.  And be it further enacted, That the aldermen elected, as authorized in the first section of this act, shall appoint their mayor, treasurer, constable and such other officers as they may deem proper and necessary ; that they shall, in their corporate capacity , have power and authority to contract for any loan or loans they may deem necessary for the purpose of raising money to improve said town, and in effecting said loan or loans, shall have power to pledge the property and revenue of said corporation.

Sec. 3.  And be it further enacted, That the said mayor and aldermen shall have power to levy such tax on property real and personal, within the limits of the corporation, or upon real estate in the immediate vicinity of the improvements hereby authorized, as the said mayor and aldermen may determine to be best, as will be sufficient to raise such sum as may be necessary to graduate and McAdamize the public square and streets of said town.

Approved, January 16, 1834.

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[No. 104.]

AN ACT

Better to regulate the Huntsville Guards.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That hereafter the Huntsville guards shall not be liable to work on roads, or serve on juries.

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

Approved, January 16th, 1834.

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[No. 105.]

AN ACT

To incorporate the Trustees of the Centreville Academy in the county of Bibb

Section1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That Thomas Crawford, Jacob Mayberry, Josiah Hindes, John Henry, Samuel W. Davidson, David R. Boyd, James W. Davis and their successors in office be and they are hereby created a body politic and corporate in deed and in law, by the name and style of the trustees of the Centreville academy, in which name they and their successors in office are hereby made capable in law to sue and be sued, plead and be impleaded, defend and be defended in any court of law or equity in this State or elsewhere, to have and to use a common seal and to alter and change the same at pleasure.


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Sec. 2.  And be it further enacted, That the said corporation shall have perpetual succession; and by their name and style aforesaid, shall be able and capable in law to receive donations, to purchase, have, hold, possess, enjoy and retain to itself in perpetuity or for any term or years, any estate real, personal or mixed, of what nature or kind so ever to any amount not exceeding twenty thousand dollars, and to sell, alien or dispose of the same as they may think proper.

Sec. 3.  And be it further enacted, That the aforesaid trustees and their successors in office shall have power to appoint a secretary and treasurer, and such other officers as they may consider expedient, to procure such number of instructors teachers and assistants, either male or female, as they may deem necessary, to prescribe the  terms of admission and course of study to be observed in said institution, to make and enforce all such rules, regulations and bye laws for the good government of said institution and the preservation of the morals of the students as they may deem necessary and proper, and in general to do all acts for the benefit of said institution which are incident to bodies corporate, and not inconsistent with the laws of the United States or of this State.

Sec. 4.  And be it further enacted, That the said institution shall be purely literary and scientific, and the peculiar tenets of any denomination of Christians shall never be taught or inculcated in said institution.

Sec. 5.  And be it further enacted, That all the monies which may have been subscribed by individuals for the erection of buildings of the Centreville Academy, shall ensure to and be recoverable by the trustees aforesaid in their corporate capacity, in the same manner as if such subscriptions had been originally made to them in that character, and the said trustees shall be held and liable for all the contracts which may have been made for the erection of said academy buildings by the commissioners which have heretofore been chosen for that purpose.

Sec. 6.  And be it further enacted, That the trustees aforesaid and their successors in office shall have power to fill all vacancies which may occur in their board by vacancies, death, resignation or removal from the said county of Bibb:  Provided always, that the general assembly shall have power at any time, to alter, amend or repeal this act, reserving to the said trustees or their successors in office, the right to sell, alien or dispose of any real or personal estate, they may have possess or own and to collect all debts that may be due them at the time of such repeal.

Approved, January 16, 1834.


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[No. 106.]

AN ACT

To quiet the claim to certain property in the City of Mobile

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That all the right, title and interest, which the State of Alabama has, or may hereafter have to a certain lot of ground lying in the city of Mobile, and bounded on the east by Royal Street, on the south by Diego M=Boy, and on the north by George W. Owen, on the west by Lewis Judson, be and the same is hereby released and confirmed to George F. Salee:  Provided nevertheless, that this act shall not be so construed as to effect the titles of any other person or persons whatsoever.

Approved, January 16, 1834

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[No. 107.]

AN ACT

For the relief of William Hester, Tax Collector of Franklin County.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That William Hester, tax collector of Franklin county, be allowed until the first day of March next, to make final settlement with the treasury of said county, any law to the contrary notwithstanding:  Provided, the securities of said Hester, tax collector as aforesaid, shall file their assent in writing, with the clerk of the county court of said county.

Approved, January 16, 1834

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[No. 108.]

AN ACT

To incorporate the Town of Wetumpka.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That all that tract of land laid off by order of the general government on both sides of the Coosa, at the Wetumpka falls, into lots, shall be called and known by the name of the town of Wetumpka.

Sec. 2.  And be it further enacted, That on the second Monday in February next, or as soon thereafter as the citizens of the east side of the Coosa river, at the falls and town aforesaid,  may think proper, notice being given of the same, an election, by ballot, shall be held for five councillors, at some convenient place in said town on the east side of the river; and that all free white male persons of the age of twenty one years and upwards, who shall have resided therein for three months next preceeding such election, or who shall be a land or householder in said town on the east side as aforesaid, shall be entitled to vote for said councillors, and when the election shall be closed, and the councillors elected shall be qualified, they shall proceed to elect one of their body, intendant, whose duty it shall be to preside and preserve order at all meetings of the


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council and the persons so elected shall continue in office until their successors are duly qualified.

Sec. 3.  And be it further enacted, That the first election shall be held and conducted by George Johnson, Ebenezer Pond, Thomas Hatchett and A. B. Northrop, or a majority of them, who shall give ten days notice of the time and place of holding said election, by advertising the same at three or more places in said town; and all future elections shall be managed by such persons not exceeding three in number as the intendant and council shall annually appoint, who shall give the like notice of the time and place of holding the same, and the intendant and council, respectively, shall, before entering on the duties of his or their office, take the following oath before some justice of the peace of Montgomery county; I do solemnly swear of affirm as the case may be, that I will equally and impartially perform all the duties required of me by the act incorporating the town of Wetumpka, on the east side of the Coosa, so help me God.

Sec. 4.  And be it further enacted, That the intendant and council are hereby declared to be a body corporate, by the name of the town council of Wetumpka, and by that name they and powers their successors shall be capable of suing and being sued, plead and be impleaded, in all manner of suits, either in law or equity; and to have a common seal, and the same to alter at pleasure; and may purchase, have, hold, possess, receive, enjoy or retain in perpetuity, or for any term of years, any estate real or personal, not exceeding in value twenty thousand dollars, and may sell or lease the same.

Sec. 5.  And be it further enacted, That if the intendant die, resign, be removed from office or absent, the council shall fill such vacancy by an appointment pro tempore of otherwise, and vacancies in the council shall be filled by the intendant and remaining councillors, a majority of whom shall be a quorum to transact business.

Sec. 6.  And be it further enacted, That the council shall have power to pass all such orders, bye laws and ordinances respecting the streets, markets, buildings, pleasure carriages, wagons, carts, drays, and police of said town, that shall be necessary for the security and welfare of the inhabitants thereof, and for preserving health, peace, order and good government, within the same and to assess a tax on the inhabitants thereof, not exceeding one third part of the amount of the State tax, which is not paid for properly of the same kind; they shall have power to prevent and remove nuisances, to appoint patrols, and define their duties, to affix fines for offences against their bye laws, and ordinances, not exceeding fifty dollars for every of-


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fence, to be recovered before the intendant or any member of the council for the use and benefit of the town; to assess a tax on licenses to retailers of spiritous and other liquors, and billiard tables kept for use in said town, not exceeding on the former ten dollars, and on the latter the sum of fifty dollars, in any one year; they may have power to appoint a clerk and treasurer, an assessor and collector of taxes, and constable for said town: to affix the salaries and fees of such officers respectively, and define their duties; to confine any person or persons for a time not exceeding six hours, who shall incur any penalty or forfeiture inflicted by any of the ordinances of said corporation, passed conformably to the powers vested in them by this act.

Sec. 7.  And be it further enacted, That the intendant, and each and every one of the council, shall be vested with all the powers and authorities that justices of the peace are vested with, by the laws of this State; and shall and may exercise the same within the limits of said town, on the east side of the river; but in matters of debt only when the town council shall be a party, subject nevertheless, to an appeal to the circuit court of the county in which said town may be as in cases of appeals from decisions of justices of the peace.

Sec. 8.  And be it further enacted, That the intendant and council shall have no power to assess a tax on lands which shall not have been laid off and sold, or any property of the United States, or this State, or property belonging to any seminary of learning, church, or religious society, they shall have no power to tax the improvements on any lot for the term of three years, or to make any bye laws or ordinances repugnant to the laws of this State; and this act, and all the bye laws and ordinances shall be subject to revision or repeal by the general assembly.

Sec. 9.  And be it further enacted, That if the intendant or any member of the council shall be guilty of any malpractice in office, he shall forfeit and pay a sum not exceeding two hundred dollars, for every such willful neglect or malpractice, to be recovered by any person suing for the same, in any court having cognizance thereof, and paid one half to the person suing for the same, and the other into the treasury of the county in which said town is situated.

Sec. 10.  And be it further enacted, That in case, at any time, the intendant and council should fail to hold elections under this charter, it may be the duty of the citizens residing on the east side of the Coosa, in said town, three in number or more, to advertise an election, for office, and a council so elected, shall be deemed and held equally legal and valid, as if they were elected according to the foregoing provisions of this act.

Approved, January 17, 1834.


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[No. 109.]

AN ACT

Supplemental to an act, passed the present session of the General Assembly to incorporate the Moulton 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 stockholders in the Moulton rail road company may have until the first Monday in March next to elect the board of directors and president of said company.

Approved, January 17, 1834.

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[No. 110.]

AN ACT

To incorporate a Company of Artillery at Greensborough in the County of Greene

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That such persons as may enroll themselves for the purpose of forming an artillery company at Greensborough, in the county of Greene, to consist of not less than thirty nor more than one hundred, together with their successors, be and they are hereby made and declared to be a body politic and corporate, by the name and style of the light artillery guards, with the usual powers incident and common to bodies corporate the officers of said company shall consist of a captain, one lieutenant, and one ensign , at least, and if the said company think proper they may elect or appoint, at any time they may choose, a second lieutenant.

Sec. 2.  And be it further enacted, That it shall be the duty of said company, within twelve months from the passage of this act, to uniform themselves fully and completely; in some suitable and proper uniform, to be by them selected: and it shall be the duty of said company, and they are hereby required to muster at least six times a year ; and each member of said company, the officers excepted, shall under such rules and regulations as the said company may adopt, be compelled and required to perform patrol duty at least twenty four nights in each and every year.

Sec. 3.  And be it further enacted, That the said artillery company shall be wholly free and exempt from the order, control or direction of the colonel commandant of the regiment in which the said company or any member of it may be, and of all other officers to the militia of this State, except when called into actual service: and the captain of said company shall be compelled to return the strength of said company, annually, to the adjutant general of the State.

Sec. 4.  And be it further enacted, That the members of said company shall be free and exempt from performing any other military duty than is required by this act, except when called into actual service ; they are also hereby declared to be free and exempt from performing any road or street labor or duty, and


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from serving on juries, and all fines and forfeitures, levied and collected by said company from any of its officers or member under such constitution or bye laws as they may rightfully and properly adopt, shall belong exclusively to said company, to be by them appropriated at they may think proper.

Approved, January 17, 1834.

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[No. 111.]

AN ACT

To incorporate the Trustees of the Alabama Institute of Literature and Industry.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That Albert C. Horton, Wylie J. Croom, Harris Tucker, Jacob Lawler, Edmond King, David Buck, John Saunders, Robert S. Foster, Holley W. Middleton, James L. Gore, William Ford, S. J. Larking and John Brown, (Red) be and they are hereby created a body politic and corporate indeed and in law, by the name of the trustees of the Alabama institute of literature and industry and by that name they and their successors shall have perpetual succession, and be able and capable in law to have, receive and enjoy, to them and their successors, land, tenements and hereditaments, of any kind in fee, or for life, or for years, and personal property of any kind whatsoever, and also all sums of money which may be granted or bequeathed to them for the purpose of promoting the interests of said institution:  Provided, that the said institution shall never have an estate real or personal, to exceed two hundred thousand dollars at any one time.

Sec. 2.  And be it further enacted, That the trustees of the said institution shall and may have a common seal for the business of themselves and their successors, with liberty to change or alter the same, from time to time as they shall think proper, and by their aforesaid name, they and their successors shall be able to sue and be sued, plead and be impleaded, answer and be answered, defend and be defended in all courts of law and equity within this State, and to grant, bargain, sell or assign ,any lands, tenements, goods or chattels, in such manner as they or a majority of them may deem most expedient for the interests of the said institution, and to act, and to do all things whatsoever for the benefit of the same, in as ample a manner as any person, or body politic, or corporate can or may do by law.

Sec. 3.  And be it further enacted, That no misnomer of the Alabama institute of literature and industry shall defeat or annul any gift, grant, devise or bequest, to the same, provided the true intent of the parties shall sufficiently appear upon the face of the gift, grant, wills or other writing whereby any estate or interest was intended to pass to the said institution nor shall any misuser or nonuser of the rights, liberties, privi-


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leges, jurisdiction and authorities, hereby granted to the said Alabama institute of literature and industry, create or cause forfeiture thereof.

Sec. 4.  And be it further enacted, That the said trustees shall at their first meeting elect from their own body a president, who, together with the said trustees shall hold their offices for two years, and until their successors shall be elected and qualified.

Sec. 5.  And be it further enacted, That the trustees shall have power to make all such ordinances and bye laws for the good government of the said institution as they may deem necessary and expedient, and they shall have full power, by the principal or professors of the said Alabama institute of literature and industry, to grant or confer such degree or degrees in the arts or sciences to any of the students of the said Alabama institute of literature and industry, by them thought worthy as are usually granted or conferred in any other institution of learning in the United States.

Sec. 6.  And be it further enacted, That the first election for trustees shall be held by the patrons of the said institution at their annual meeting, in the year of our Lord one thousand eight hundred and thirty-five, and in like manner they shall hold an election every two years thereafter for trustees as aforesaid:  Provided nevertheless, should a vacancy occur subsequent to an election; it shall be filled by the remaining trustees.

Sec. 7.  And be it further enacted, That the first meeting of the board of trustees shall be held on the day of 1834, and all subsequent meetings shall be on their own adjournment:  Provided, that the president and two trustees shall always have power to call a meeting of the board.

Approved, January 17, 1834.