PUBLIC AND GENERAL
LAWS OF ALABAMA
PASSED BY THE GENERAL ASSEMBLY OF 1836.
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[No. 1.]

AN ACT

To authorize the Treasurer to receive that portion of the revenue of the United States allotted to this State.
Sec. 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the Treasurer of this State, be, and he hereby is authorized and required to receive, from the Treasury of the United States, the portion of the public money of the United States, allotted to this State, by the act of Congress, passed at its last session, entitled an act to relate the deposites of the public money.
Sec. 2.  And be it further enacted, That the Governor of this State cause to be issued, under the seal of the State; signed by himself, and countersigned by t he Secretary of State, a certificate of deposite for each sum of money received by the Treasurer of this State as aforesaid; which certificate shall be such form as may be prescribed by said Secretary, express the usual obligations in such cases, and pledge the faith of the State for the safe keeping and repayment thereof, according to the provisions of the thirteenth section of said above recited act.

Approved, 16th Dec. 1836

[No. 2.]

AN ACT

Regulating the management of estates of minors and others under guardianship.
Sec. 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That hereafter it shall be lawful for the county court having jurisdiction of the case, upon sufficient cause being shown to authorize any guardian of the estate of any minor, idiot, lunatic or other person non compos, to keep the personal estate of his or her ward or wards, and to employ in or for the purpose of agriculture, upon the land of such ward or wards.
Sec. 2.  And be it further enacted, That such guardian shall make annual returns to the county court having jurisdiction of the estate, of the manner in which such estate has been managed, of the proceeds of the crop made, of the expenses incurred in establishing or carrying on the plantation, of the disposition of all moneys received from the estate & c. and on failure to do so, it shall be the duty of such court, to enforce such report by process of attachment.
Sec. 3  And be it further enacted, That the judges of the county court aforesaid, shall require and take from every such guardian such further bond with security as he may consider proper, in each case, for the faithful performance of his or her duty as guardian aforesaid.

Approved, December 16, 1836


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[No. 3.]

AN ACT

Regulating the accommodations and liabilities of the President and Directors of the Branch of the Bank of the State of Alabama at Mobile.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That it shall not be lawful for the president or any director of the Branch of the Bank of the State of Alabama, at Mobile, who may hereafter be elected, to be liable or indebted, either directly or indirectly, in his own name or that of any other person, or by borrowing the name or note of any other person for the purpose of obtaining indirectly a larger accommodation or loan than is intended by this act, at any one period of time, to the said branch bank in a larger sum than thirty five thousand dollars, of which sum, five thousand dollars may be on accommodation notes where he shall be principal in said notes.

Sec. 2.  And be it further enacted that in computing or ascertaining the amount for which the president or any director of said branch bank may at any time be liable for, according to the provisions of the first section of this act, all sums of money obtained from said branch bank, or liabilities contracted thereto by the partner of any director, either in his own or the partnership name, shall be included in such computation.

Sec. 3.  And be it further enacted, That no note shall be discounted at said branch bank, which does not express upon its face that it is payable at said branch bank, or at some incorporated bank in the city of Mobile, and all such notes discounted at said branch bank, shall import by the act of discount, a fair and valid consideration, and no drawer or indorser of any such note so discounted shall be permitted to plead or avail himself of a want or failure of consideration to any suit brought thereon.

Sec. 4.  And be it further enacted, That every president and director of said branch bank, hereafter shall, before he enters upon the discharge of his duties as such president or director, take and subscribe the following oath, in addition to those now provided by law, to wit: AI do solemnly swear (or affirm, as the case may be) that I will not violate the provisions of an act entitled act, regulating the accommodations and liabilities of the president and directors of the Branch of the Bank of the State of Alabama at Mobile, so long as I continue president and director thereof, (as the case may be) so help me God." The violation of which oath by any such president or any such director, shall be deemed and held to be willful and corrupt perjury; and any such president or any such director so offending, shall be liable to and prosecuted and punished as now provided by law in other cases of willful and corrupt perjury.

Sec. 5.  And be it further enacted, That in no, case shall one director be surety or indorser for another director, upon any note or bill discounted at said branch bank, and that no note or bill shall be discounted at said bank, where one fourth of the directors present object to such discount.

Sec. 6.  And be it further enacted, That the limitations and restrictions upon the indebtedness of the president and directors, as provided by the first section of this act, shall be and are hereby ex‑


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tended to all other individuals or partnerships, except such portions as may be incurred as drawers upon bills of exchange drawn and made payable out of this State on persons resident out of this State.

Sec 7.  And be it further enacted, That no stockholder in any bank of this State shall take his seat, as president or director in said branch bank, until he has divested himself of such stock.

Sec 8.  And be it further enacted, That if the president or any director of the branch of the bank of the State of Alabama at Mobile, shall after having at any time received the amount for which he is permitted to become liable, resign or otherwise vacate his seat as president or director, it shall be the duty of the board of president and directors to proceed to close the account of such president or director, so resigning or otherwise vacating his seat as president or, director: and it shall be the duty of the said board to refuse to extend any further accommodations to the president or director, or any co-partner, of such president or director, so resigning or otherwise vacating his seat, until the whole amount for which said president or director may be liable, shall be paid up:  Provided, That all the provisions of this section shall extend as well to a president or director who may resign before, as well as after their accounts have been filled.

Sec. 9.  And be it further enacted, That if any president or director of said branch bank shall resign or otherwise vacate his office as president or director, he shall not be eligible to be re-elected for two years thereafter.

Sec. 10.  And be it further enacted, That if the member resigning have a co-partner or co-partners in trade, neither of the said co-partners shall be eligible in his stead.

Sec. 11.  And be it further enacted, That nothing in the foregoing act, shall be so construed, as to divest the board of directors of discretionary power over the debts that may be due the said branch bank on the first day of January next, to demand the whole or any part thereof; as the good of the institution may seem to require.

Approved, Dec. 16, 1836.

[No.4.]

AN ACT

For the relief of the Commanding Officers of companies composing the first Battalion of Alabama Volunteers who were engaged in the Florida campaign.

Section l.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the following sums be and the same are hereby authorized to be paid by the treasurer out of any moneys not otherwise appropriated, viz: To Captain Dennis Dent, the sum of two hundred and eighty-three dollars and fifty cents. To Captain James G. Blount, the sum of four hundred and twenty-six dollars and thirty-seven cents. To Captain William Capers, the sum of three hundred and ninety-seven dollars and fifty cents. To Captain William S. Taylor, the sum of three hundred and ninety-one dollars and seventy cents. To Captain Joseph Martin, the sum of twelve hundred and sixty dollars and sixty-six cents; being the respective amount paid by each officer to their men more than what has been allowed them by the United States paymaster.

Approved, Dec. 17, 1836.


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[No. 5.]

AN ACT

To alter and amend the charter of the Alabama Life Insurance and Trust Company.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That so much of the seventh section of the act incorporating; the Alabama Life Insurance and Trust Company, as requires the whole amount of the capital stock of said company to be loaned on notes or bonds, secured lay unincumbered real estate, be, and the; same is hereby altered and amended, so as to authorize the said company to invest, and employ one half of the capital stock aforesaid, in the sane manner that they are authorized by the eighteenth section of the charter to invest and employ the profits and premiums of said company, and the monies received by them in trust; and also to take risk against the dangers of inland navigation.

Approved, Dec. 17, 1836.

[No. 6.]

AN ACT

To provide for the payment of the Volunteers ordered to Vernon in March last as a Regiment of Observation.

Section 1.  Be it enacted by the Senate House of Representatives of the State of Alabama in General Assembly convened, That there shall be paid out of any moneys in the treasury, not otherwise appropriated, for the payment of the commissioned not commissioned officers and privates, of the regiment of volunteers, ordered to Vernon in March last, the following sums, which shall be paid to the officers, non commissioned officers and privates, according to the rates of pay and allowance for like services in the United States service, to the officers and privates of Captain A. H. Ramsay's company from Sumter county, one thousand and forty nine dollars and two cents; to the officers and privates of Captain John Abbott's company from Perry county, seven hundred and thirty five dollars; to the officers and privates of Captain William, Rolnison's company from Madison county, fourteen hundred and sixteen dollars and forty cents; to the officers and privates of Captain Carmack's company from Lauderdale county, fifteen hundred and ten dollars and ninety five cents; to the officers and privates of Captain Norwood's company from Jackson county, fourteen hundred and eighty five dollars and fifty six cents; to the officers and privates of Captain Joab Bagley's company, twelve hundred and one dollars and fifty eight cents; to the officers and privates of Captain B. Philpott's company from Morgan county, eleven hundred and seventy dollars and twenty five cents; to the officers and privates of Captain Smith's company from Greene county, seven hundred and seventy six dollars and thirty six cents; to the officers and privates of Captain George W. Patrick's company from St. Clair and Shelby counties, eleven hundred and twenty seven dollars and ninety three cents; to the officers and privates of Captain Joseph Cook's company from Franklin county; eight hundred and thirty five dollars and twenty four cents. To the field officers and regimental staff of said regiment, three hundred and twenty nine dollars and eighty six cents.

Sec. 2.  And be it further enacted, That the sums appropriated to the several companies mentioned in the first section of this act,


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shall be placed in the hands of some suitable agent for each company, to be appointed by his Excellency the Governor and who shall enter into bond to be approved by the Secretary of State, for the just and proper, payment of the money so placed in their hands, according to the true intent and meaning of this act.

Sec. 3.  And be it further enacted, That the agents appointed by the second section of this act, shall make the payment to each officer, non commissioned officer and private, or their legal representatives, according to the pay rolls examined and approved by the committee of the House of Representatives, a copy of which they shall procure, and they shall cause each officer, non commissioned officer and private, or their legal representatives, to receipt upon said roll for the sums paid to them, which roll shall be returned to the executive office.

Sec. 4.  And be it further enacted, That the comptroller of public accounts shall be authorised to draw his warrant upon the treasurer for the several sums herein appropriated.

Approved, Dec. 17, 1836.

[No. 7.]

AN ACT

To appropriate seventy thousand dollars of the profits of the Bank of the State of Alabama and its Branches for the payment of the Militia of this State raised for the Seminole and Creek Indian War.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the sum of seventy thousand dollars of the profits of the Bank of the State of Alabama and branches, be and the same is hereby appropriated for the payment of all claims of the officers and soldiers, and other expenses of the militia of this State, which have been raised for the Seminole and Creek Indian war, and which claims have been, or may hereafter be allowed by law.

Sec. 2.  And be it further enacted, That any surplus of said sum of seventy thousand dollars which may remain after the payment of claims provided for in the preceding section of this act, shall pass into the common fund of said bank and its branches.

Approved, Dec. 20, 1836.

[No. 8.]

AN ACT

To change the time of holding the Courts of the Eight Judicial Circuit of the State of Alabama.

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 several circuit courts in the eighth judicial circuit of the State of Alabama, shall commence and be held as follows, to wit: Coosa, on the fourth Monday in September, in each and every year, and continue six judicial days; Tallapoosa, on the first Monday after the fourth Monday in September, and to continue six judicial days; Macon, on the second Monday after the fourth Monday in September, and to continue six ,judicial days; Russell, on the third Monday after the fourth Monday in September, and to continue six ,judicial days; Chambers, on the fourth Monday after the fourth Monday in Sep-


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tember, and to continue six judicial days; Montgomery, on the fifth Monday after the fourth Monday in September, and to continue until the business be disposed of.

Sec. 2.  And be it further enacted, That the spring term of the circuit courts of said judicial circuit, shall commence and be held at the times and in the manner now prescribed by law.

Sec. 3.  And be it further enacted, That no criminal prosecution now barred by the provisions of the statute of limitations within six months after the happening of the same, shall be barred in said circuit within that period of time; but that the said statute shall and is hereby declared to be extended to such criminal prosecutions, for the period of time occurring between the commencement of the different terms of the courts of said circuit.

Sec. 4.  And be it further enacted, That all acts conflicting with the provisions of this act, be, and the same are hereby repealed.

Sec. 5.  And be it further enacted, That hereafter the circuit courts of the first judicial circuit, shall be commenced and holden as follows: In the county of Conecuh, on the third Monday in March; in the county of Monroe, on the fourth Monday of March; in the county of Washington, on the second Monday after the fourth Monday in March; in the county of Baldwin, on the third Monday after the fourth Monday in March; and in Mobile, on the fourth Monday after the fourth Monday in March, and continue in session until the business is ended.

Approved, Dec. 22, 1836.

[No. 9.]

AN ACT

Regulating the accommodations and liabilities of the President and Directors of the State Bank, and the Branches of the Bank of the State of Alabama at Huntsville, Decatur and Montgomery.

Section. 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That it shall not be lawful for the president and the directors of the Bank of the State of Alabama, or of the branches of the Bank of the State of Alabama, at Huntsville, Decatur and Montgomery, who pay hereafter be elected, to be liable or indebted, either directly or indirectly, in his own name or that of any other person, at any one period of time, to the said bank or branches, in a larger sum than thirty-five thousand dollars, upon bills of exchange, either as drawers or acceptors.

Sec. 2.  And be it further enacted, That in computing or ascertaining the amount for which the president or any director of said State Bank or branches, may at any time be liable according to the provisions of the first section of this act, all sums of money obtained from said State Bank or branches, or liabilities contracted thereto by the partner of any president or director, either in his own or the partnership name, shall be included in such computation.

Sec. 3.  And be it further enacted, that no note shall be discounted at said State Bank or the branches of the Bank of the State of Alabama at Huntsville, Decatur and Montgomery, which does not express upon its face, that it is made payable at said State Bank or branch respectively where the same is offered for discount, and all


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such notes discounted at said State Bank or branches respectively shall import by the act of discount a full and fair consideration, and no drawer or indorser of any such note so discounted shall be permitted to plead or avail him or herself of a want or failure of consideration to any suit brought therein.

Sec.4.  And be it further enacted, That in no case shall one director be surety or indorser for another director upon any note or bill discounted at said State Bank or Branches of the Bank of the State of Alabama at Huntsville, Decatur or Montgomery, and no note or bill shall be discounted at said State Bank and the Branches of the Bank of the State of Alabama at Huntsville, Decatur and Montgomery, where one fourth of the directors present object to such discount.

Sec. 5.  And be it further enacted, That every President and director of said bank of the State of Alabama or of the branches of the bank of the State of Alabama at Huntsville, Decatur and Montgomery, hereafter elected, shall before he enters upon the discharge of his duties as such, take and subscribe the following oath, in addition to those now prescribed by law, to wit:  I ____ do solemnly swear, (or affirm as the case may be) that I will not violate myself, nor knowingly permit any other member of the board of which I am one, to violate the provisions of an act, entitled, an act regulating the accommodations and liabilities of the President and Directors of the State Bank, and the branches of the Bank of the State of Alabama at Huntsville, Decatur and Montgomery, so long as I continue President or Director (as the case may be) of this bank, so help me God. And a violation of said oath, shall subject any president or director who have taken the same on conviction of a jury, to all the pains and penalties now prescribed by law for willful and corrupt perjury.

Sec. 6.  And be it further enacted, That the limitation and restrictions upon the indebtedness of the president and directors as provided by the first section of this act shall be and is hereby extended to the indebtedness of all other persons or partnerships, except such portions as may be incurred as drawers or acceptors upon bills of exchange, drawn upon persons residing out of this State, or made payable in the city of Mobile.

Sec. 7.  And be it further enacted, That it shall not hereafter be lawful for any person to be president or director of the Bank of the State of Alabama, or any of its branches, or director on part of the State in any other bank, who may hold any share or shares of stock, in any stock bank in this State, in his own right or as agent or guardian for another, or whose wife or minor children shall hold or own stock of any kind in any stock bank or banks in this State.

Sec. 8.  And be it further enacted, That if any person shall be elected or appointed contrary to the provisions of the first section of this act, they shall not be permitted to take their seat as president or directors until they shall have divested themselves of such interest, any law to the contrary notwithstanding.

Approved, Dec. 17, 1836.


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[No. 10.]

AN ACT

Making an appropriation for the payment of the members and officers of the present General Assembly.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the sum of thirty thousand dollars be and the same is hereby appropriated for the payment of the members of the present General Assembly and the officers of the two houses, out of any money in the treasury not otherwise appropriated.

Sec. 2.  And be it further enacted That the sum of two hundred and fifty dollars be, and the same is hereby appropriated to the payment of clerk hire, in the Comptroller's office during the past year, to be paid out of any money in the treasury not otherwise appropriated

Approved, Dec. 22, 1836.

[No. 11.]

AN ACT

To authorise the Governor of this State to appoint a Commissioner to receive, examine, audit and settle all claims against the State, growing out of the late Indian hostilities.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the Governor of this State be, and he is hereby authorised to appoint a commissioner, whose duty it shall be to receive, examine, audit and settle all of the claims against this State, growing out of the late Indian hostilities in this State, and the Seminole hostilities to Florida; and it shall further be the duty of said commissioner, appointed under the provisions of this act, to examine the claims allowed by this Legislature, during the present session, and it shall be his duty to record the same in a well bound book for the use of the next General Assembly.

Sec. 2.  And, be it further enacted, That the said commissioner, appointed by the first section of this act, shall be entitled to receive such compensation for his services as the Governor may direct.

Sec. 3  And be it further enacted, That the accounts or claims which may be approved by the said commissioner, under this act, shall be submitted to the Governor for his approval, and if the Governor approve the same, they shall be paid, and for the payment of all such claims allowed as aforesaid, the said commissioner shall be authorised to issue his warrant upon the comptroller of public accounts for the same, which shall be paid out of any money in the treasury not otherwise appropriated.

Approved Dec. 22, 1836.

[No. 12.]

AN ACT

Making further appropriations not the payment of the members and officers of the General Assembly.

Section. 1  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the further sum of six thousand dollars be and the same is hereby appropriated for the payment of the members and officers of the present session of the General Assembly.

Approved Dec, 23, 1836.