[No. 125.]

AN ACT

To repeal in part an Act, entitled an Act, to authorise the Judge of the County Court and Commissioners of Roads and Revenue of the county of Bibb, to levy a special tax for the building a jail in said county, approved, January 9, 1836.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the third section of the above recited act, be, and the same is hereby repealed.

Sec. 2.  And be it further enacted, That the commissioners of public building in said county of Bibb, be, and they are hereby authorised to contract in such manner as they may deem proper, for the erection of said jail, and they are hereby authorised to loan at interest any money so collected and paid over to them for the purpose of building said jail in said county of Bibb, upon their taking bond with two good and sufficient securities, in double the amount so loaned.

Approved, Dec. 23, 1836.

[No. 126.]

AN ACT

To locate the site of justice for Marshall county.

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 Marshall county, to hold an election at the different election precincts in the said county, on the first Monday in August next, for the permanent location of county size for said county ; and it shall be the duty of the sheriff aforesaid, to advertise said election at least thirty days previous thereto, at the different election precincts in said county.


103

Sec. 2.  And be it further enacted, That William Jordan, Wyatt Coffee John B. Findley, Elijah Hansborough, Alexander Donaldson, Thomas Manning, L. D. Bashart, Simeon Nichols, John Baker and Samuel Connemore,sen. or a majority of them, shall select and nominate one place on each side of the Tennessee river, to be voted for by the qualified voters of said county, at the time provided for in the first section of this act, for the permanent location of said county site; and it shall be the duty of the aforesaid commissioners to make said selection of places, on or before the first day of March next, and so soon as said selection is made, it shall be the further duty of the commissioners aforesaid, to report the same to the aforesaid sheriff in ten days thereafter, and it shall be the duty of said sheriff to name in the advertisement of said election the name of the places so selected to be voted for.

Sec. 3.  And be it further enacted, That on comparing the polls of said election, the place that receives the greatest number of votes, shall be, and is hereby made and constituted the permanent location of the county site for said county of Marshall.

Sec. 4.  And be it further enacted, That the county and circuit courts of said county shall be held at Claysville until the said election is held, and the result reported to the judge of the county court of said county.

Sec. 5.  And be it further enacted, That the sheriff of said county shall notify the judge of the county court of said county, and the clerks of the circuit and county courts of said county, the result of said election in ten days thereafter, and it shall be the duty of said clerks respectively, to remove their offices to the place which shall be elected for the permanent site of justice for said county; and all writs and papers of whatever nature or kind that may be returnable to either of said courts, shall be properly returnable to the place so elected for said county site, any law to the contrary notwithstanding.

Approved, Dec. 23, 1836.

[No. 127.]

AN ACT

To authorise John R. Henry and S. S. Henry to erect a toll bridge

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That John R. Henry and S. S. Henry and their associates, be, and they are hereby authorised to erect a toll bridge across the Tennessee river, within one quarter of a mile of the mouth of Blue Water creek.

Sec. 2.  And be it further enacted, That the said John R. Henry and S. S. Henry shall have a right to demand and receive from all persons passing over said bridge, the same toll as is received at the Florence ferry.

Sec. 3.  And be it further enacted, That it shall be the duty of the said John R. Henry and S. S. Henry to keep said bridge, when completed in good order and repair, and shall be liable for all injuries which may be sustained by any person or persons, passing over said bridge, provided said injury results from the negligence or want of proper attention to the good order or repair of said bridge.

Sec. 4.  And be it further enacted, That the said bridge shall be commenced on or before the first day of August next, and be completed on or before the first day of August, 1841.

Sec. 5.  And be it further enacted, That it shall be the duty of said John R. Henry and S. S. Henry, to construct the said bridge, so that the navigation of said river be not in any way or manner obstructed or rendered less convenient for ascending or descending navigation

Sec. 6.  And be it further enacted, That the said company shall have the right to cross the Tennessee canal with a bridge or boat:  Provided, the navi-


104

gation of said canal is not injured thereby:  And provided further, that they obtain the unanimous consent of the canal commissioners, for them to make said bridge or other conveyance to cross said canal.

Sec. 7.  And be it further enacted, That the stockholders of said bridge shall be liable for and pay for all damages that any person shall sustain by any boat or other craft running against it:  Provided, the said damage is not occasioned by any mismanagement on the part of the boatmen:  Provided, that nothing in this act shall be so construed as to prevent the General Assembly from alerting or amending this act at any time, so as to secure a free and unobstructed navigation of the Tennessee river at all times and at all stages of water, any thing in this act to the contrary notwithstanding.

Approved, Dec. 23, 1836.

[No. 128.]

AN ACT

To increase the salary of the Governor 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 next general election, the annual salary of the Governor of this State shall be fixed at three thousand five hundred dollars; and so remain until otherwise ordered by the Legislature.

Approved, Dec. 23, 1836.

[No. 129.]

AN ACT

For the relief of Mary Welbourne

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, that Mary Welbourne, wife of James Welbourne, of the county of Montgomery, is hereby authorised and enabled to have, hold and possess and enjoy property, either real or personal, as fully and as independently , as if she were a feme sole, to contract and be contracted with, to sue and be sued in her own name, as if she were a feme sole, and to do and perform with any property with which she may hereafter be invested or possessed in the same manner and to the same extent as if she were a feme sole, and that the same shall not be subject to the hindrance or molestation of her husband or to be liable for his debts.

Approved, Dec. 23, 1836.

[No. 130.]

AN ACT

For the relief of Thomas Matlock.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That Thomas Matlock of the county of Clark, shall not be required to take the oath now required by law of public functionaries, but in lieu thereof, before entering on the discharge of any office or public function, to which he may be elected or appointed, he shall take and subscribe the following:  I do solemnly swear that I have neither directly or indirectly, given, accepted or knowingly carried a challenge in writing or otherwise to any person or persons, being a citizen or citizens of this State, to fight in single combat or otherwise, with any deadly weapon within or out of the state, or aided or abetted in the same, since the first day of March, 1836, and that I will neither directly nor indirectly give, accept or knowingly carry a challenge, in any manner whatsoever, to any person, being a citizen of this State , to fight in single combat or otherwise, with any deadly weapon, in or out of this State, in any manner whatsoever, aid or abet the same , during the time for which I am elected, or during my continuence in office, or during my continuence in the discharge of my public function.

Approved, Dec. 23, 1836.


105

[No. 131.]

AN ACT

To Incorporate the Fairfield and Macon Rail Road Company.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the persons who may become stockholders in the Fairfield and Macon Rail Road Company, according to the provisions of this act, be, and they are hereby made

a body politic and corporate, in deed and in law, by the name and style of the Fairfield and Macon Rail Road Company, in which name they and their successors are hereby made capable in law, to sue and be sued, plead and be impleaded, answer and be answered, defend and be defended in any court of law or equity in this State, or elsewhere; to purchase, receive, hold, sell, convey and confirm real and personal estate as natural persons to have and to use a common seal, to alter and change the same at pleasure to pass such by-laws, rules and regulations, for the good government of said corporation, as to them shall seem proper, and generally, to exercise all powers, and to do and perform all acts, matters and things, which they may deem necessary, to carry into full and complete effect, the objects of this act:  Provided, that the real and personal estate owned by said company, shall not exceed the sum of two hundred and fifty thousand dollars.

Sec. 2.  And be it further enacted, That F. T. Colbert, B. T. Williams J. H. Frith, Gallatin Young, J. J. Garnett, F. C. Ellis, J. T. Harrison, J. R. Windham, T. S. Howard, John Pearce, S. L. Young and L. M. Bullard be, and they are hereby appointed commissioners to open books of subscription, and they shall cause books of subscription to be opened at Fairfield, Macon and such other places, as to them may seem expedient, and shall give thirty days notice of the time and places of opening said books at the several places at which the books shall be opened, and shall publish the same in one or more newspapers, and said books shall be kept open for the space of ten days, and may be opened from time to time, until a sufficient amount of stock be subscribed, which stock, so subscribed, shall be divided into shares of one hundred dollars each, and shall be deemed and considered in law as private personal property, and the stock hereby authorized to be subscribed shall be transferable, and all transfers of stock shall be entered on the books of said company, and the holders thereof shall be entitled to all the benefits, and subject to all the liabilities of any original stockholder.

Sec. 3.  And be it further enacted, That the stockholders shall meet at Fairfield on the first Monday of May next, to elect thirteen directors, who shall be stockholders in said company of at least ten shares each, one of whom shall be chosen president by the board, and shall take an oath faithfully to perform their duties as such; the president and directors shall continue in office one year from the date of election, and until their successors are chosen and qualified, which choice shall be made on the first Monday of May, annually, at such places as the board may appoint, after the first or within one month thereafter, by the stockholders; the stockholders may in all elections of officers, engineers , agents and servants of said company, vote either in person or by proxy, and shall be entitled to one vote for every share of stock, he, she or they may hold in said company:  Provided, that no one stockholder shall be entitled to more than one hundred votes; a majority of votes shall in all cases elect, or remove any officer, engineer or agent or servant of said company; but to remove the president or any director, it shall require the vote of a majority of two thirds of the whole number of stockholders in value.

Sec. 4.  And be it further enacted, That the directors of said company when they shall be organised, agreeable to the third section of this act,


106

shall have power to borrow money, contract debts and be contracted with upon the credit of the stock thereof, and to pledge personal and real estate for the payment of their debts, to appoint such officers, agents and services as they may think necessary, and give them such compensation as they may conceive just, they may require such installments to be paid on the stock and at such times as they may think best, for the interest of said company.

Sec. 5.  And be it further enacted, That upon failure of any stockholder to pay the amount due upon his, her or their stock, in pursuance of any call made by the president and directors aforesaid, said president and directors may upon giving sixty days notice, at three or more public places, one of which shall be at the place of holding the annual elections, proceed to sell the shares of stock owned by said stockholders, or such part thereof, as they may think best, to the highest bidder, and if upon the sale of shares owned by said defaulting stockholders, said stock shall be sold for less than par value, said stockholders shall be liable to pay to said company, said deficiency in the sale of said stock, in the manner and form hereinafter specified.

Sec. 6.  And be it further enacted, That upon the failure or refusal of any stockholder to pay any installment upon his stock called for or demanded by the president and directors of said company in manner and form specified in the fourth section of this act, or if upon the public sale of the share of any stockholder in said company, said shares or stock shall be sold for less than their par value as specified in the fifth section of this act, said president and directors may upon giving said defaulting stockholders at least thirty days notice in writing thereof, proceed by their attorney duly constituted and appointed under the common seal of said company to move either the circuit or county court of the county in which said stockholder may reside for judgment against said stockholder for the amount called for by the president and directors, in manner and form as specified in the fourth section of this act, as the case may be, for any deficiency as may occur in the sale of said stock, as above specified, and said court is hereby authorised and required to render judgment against any such defaulting stockholder upon such motion being made as aforesaid:  Provided, said court shall be satisfied that the requisite notice has been duly served upon said stockholder, at least ten days previous to the day on which said motion may be made, which judgment so given, shall bind the real and personal property of said stockholder, as in case of ordinary judgments rendered in a court of record in this State, and all notices hereby required to be given to any defaulting stockholder, shall be served by the sheriff or his deputy, or coroner of the county in which it is intended that such motion is to be made it shall be returned to the office of the clerk of the court to which such notice appears by its face to be returnable, for which said sheriff shall be entitled to receive one dollar and fifty cents, which together with all other costs accruing on said motion, shall be paid by the party against whom judgment may be rendered, and all other costs, accruing on said notice, shall be governed by the ordinary rules and regulations of the court in which said motion may be made.

Sec. 7.  And be it further enacted, That said board of directors shall commence said road at the public landing in Fairfield in Pickens county and extend the same in the most eligible direct route, to the Mississippi State line, in the direction to Macon, in Mississippi:  Provided, that nothing in this section, shall be so construed as to prevent the board of directors from letting out contracts and carrying into completion all parts of said rail road at one and the same time.


107

Sec. 8.  And be it further enacted, That said board of directors shall be authorised to contract for and receive conveyances of land, stone, timber and gravel, which may be required in the construction of said road and when the owner and company cannot agree as to the price, or when the owner is an infant, non-resident or non-compos mentis, then it shall be lawful for the president and directors of said company to apply to the judge of the county court of the county where such lands or other property may be situated, whose duty it shall be to issue his warrant, directed to the sheriff of the county, commanding him to summons a jury of freeholders to consist of seven, a majority of whom shall be authorised to assess the damages under the same rules and regulations as is by law prescribed in the cases of county roads, and the said jury shall forthwith assess the value of said land, stone, timber or gravel, subject to the right of appeal to the circuit court, and such appeal shall be de novo, as in other cases, and the same shall be returned 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 affirmed and made final, and the land, stone and timber, so contracted for, or so condemned, shall enure to the company forever, unless the State shall purchase the same, as provided for in this act, upon the payment of said money to the person contracted with , or into court where the property is condemned, and the whole proceedings shall be entered of record in said court, at the costs of said company:  Provided however, that said work shall be in no wise delayed on account of the proceedings had as aforesaid, but the said board on tendering the sum to which the land, stone, gravel or timber shall have been valued, to the owner, or depositing the same in the office of the clerk of the county court, they shall be authorised to proceed with such works as though no appeal had been taken, and when no greater damages shall be assessed upon the trial of said appeal than was assessed by the jury in the first instance, the party taking such appeal, shall pay the costs.

Sec. 9.  And be it further enacted, That said president and directors, after having the tract of country upon which said rail road is to run, surveyed and selected, may proceed to let the same to contract in such sections or precincts as they may deem proper:  Provided, that they shall give sixty days notice of the time and place of letting the same to contract:  And provided also, that they shall commence the said rail road within two and complete it within five years, or forfeit the charter hereby given.

Sec. 10.  And be it further enacted, That said president and directors shall have power to call meetings of the stockholders at any time, a majority of the stockholders in value, either by person or proxy shall be able to form a quorum, they shall have power to remove the president or any director in the manner and form herein before specified, and elect others in their stead, and whenever a vacancy shall occur in said board, they shall fill it until the next annual meeting of the stockholders.

Sec. 11.  And be it further enacted, That in the construction of said rail road, the president and directors shall not in any manner obstruct any of the public roads which now are or hereafter may be established, but shall provide suitable and convenient ways by which they may cross said railroad.

Sec. 12.  And be it further enacted, That it shall be the duty of the president and directors to report to the annual meeting of the stockholders and exhibit a clear and distinct statement of all the affairs of said company, they shall report the receipts and disbursements and after the work shall have been completed, they shall declare and pay over dividends annually to the stockholders or semi-annually, should the stockholders require it.


108

Sec. 13.  And be it further enacted, That said road with all works, improvements and machinery of transportation used on said rail road, with all the rights, privileges and immunities properly belonging or appertaining to them ,are hereby vested in said company as a corporate body forever, unless the State shall purchase the same, as provided for by this act.

Sec. 14.  And be it further enacted, That after completing said road, or any part thereof, the said president and directors may lay and collect toll or freight from all persons, property, merchandise or other commodities, transported thereon:  Provided, that said toll or freight shall never amount to more than twenty five per centum per annum upon the amount expended in said work:  Provided further, that the company incorporated by this act shall not have banking powers to be exercised in this State.

Sec. 15.  And be it further enacted, That at the expiration of fifty years, the State of Alabama shall be authorised to purchase the said stock at its par value and if at the end of that time the State should not so purchase said stock, the right of purchasing the same at its par value, shall be reserved to the State for every subsequent period of ten years.

Approved, Dec. 23, 1836.

[No. 132.]

AN ACT

For the relief of William Irwin and John Curry.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That in all cases where it is necessary for William Irwin and John Curry to take or subscribe the oaths contemplated by the laws of this State against dueling, be confined in point of time to the first day of January, 1837.

Approved, Dec. 23, 1836

[No. 133.]

AN ACT

For the better regulation of the Militia therein named.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That all the militia of that part of St. Clair county, called Coosa Valley, be, and the same is hereby attached to the twelfth regiment in the third brigade and seventh division of Alabama militia, and that all laws and parts of laws, contravening the provisions of this act, be and the same are hereby repealed.

Approved, Dec. 23, 1836.

[No. 134.]

AN ACT

To authorise the Commissioners of the sixteenth section, to hold elections in Wilcox county, where the same yet remains unsold.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That nothing in the law, which is now in force in relation to the power of commissioners of the different sixteenth sections in Wilcox county, unsold, shall be so construed, as to prevent the commissioners, annually holding elections in their respective townships in relation to the sale of the same, and whenever the election is so held, and a majority are in favor of selling the same, the sale in all cases shall be conducted as is now provided by law.

Approved, Dec. 23, 1836.

[No. 135.]

AN ACT

To amend the charter of the Tuscumbia, Courtland and Decatur 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 election holden by the stockholders of the Tuscumbia, Courtland and Decatur Rail Road Company for president and directors, on the second Monday in August,


109

1836, is hereby legalized, and that said president and directors shall and may hold their office until the second Monday in August, 1837, and until their successors shall be elected; and the time for holding the annual election for president and directors of said company, and of making the annual reports of the same, shall hereafter be on the second Monday in August in each year.

Approved, Dec. 23, 1836.

[No. 136.]

AN ACT

To authorise the building of a Court House in the county of Morgan.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the judge of the county court and commissioners of roads and revenue of Morgan county and their successors in office, be , and they are hereby authorised, whenever they may deem it expedient, after the first day of January, one thousand eight hundred and thirty seven, to levy and collect a special tax, not in any one year to exceed the State tax for the year one thousand eight hundred and thirty five, and to continue the same from year to year until the fund arising thereby shall be sufficient to defray all the expenses incurred in building a court house in the town of Sommerville:  Provided, that the amount to be raised, shall not exceed in the whole the sum of five thousand dollars

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

Approved, Dec. 23, 1836.

[No. 137.]

AN ACT

To establish a ferry over the Alabama river at Benton, and vesting the same in the town council of Benton

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That public ferry shall be, and the same is hereby established over the Alabama river at the town of Benton, in Lowndes county, and vested in the town council of the town of Benton, and their successors in office.

Sec. 2.  And be it further enacted, That the town council shall be allowed to ask and demand for crossing said ferry, to wit: for every wagon and other four wheel carriage, seventy-five cents; for every two wheeled carriage, thirty seven and a half cents; for every man and horse, twelve and a half cents; for every foot passenger, led horse or head of cattle, six and one fourth cents; for every head of hogs, sheep or goats, two cents.

Sec. 3.  And be it further enacted, That the town council shall give bond with security, to the judge of the county court of Lowndes county, with the same conditions as the keepers of other ferries, are now by law required to give.

Approved, Dec. 23, 1836

[No. 138.]

AN ACT

To authorise the Commissioners= Court of the county of Lauderdale to levy an additional tax, for county purposes

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the Judge of the county court and commissioners of roads and revenues, of the county of Lauderdale, shall have power to levy a county tax, sufficient for the erection of such bridges in said county, as in the judgment of said court, shall be necessary for the public good.

Approved, Dec. 23, 1836.


110

[No. 139.]

AN ACT

To incorporate the Royal Street Hotel Company.

WHEREAS, William Jones, jr., Peter Remson, John Remson, Jonathan Emanuel, George S. Gaines, S. V. V. Schuyler, William F. Cleveland; James F. Roberts, Joseph Bates, Abner S. Lipscomb, and others their associates, have subscribed to the purchasing of a lot of ground at the intersection of Royal and St. Michael Streets, in the city of Mobile, for the purpose of erecting on the same, a Hotel. And now to the end, and better to enable them to carry the object of their association into effect.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the above named, William Jones Jr., Peter Remson, John Remson, Johnathan Emanuel, George S. Gaines, S. V. V. Schuyler, William F. Cleveland, James F. Roberts, Joseph Bates, and Abner S. Lipscomb, and their associates, successors and assigns, be, and they are hereby constituted a body politic and corporate, under the name of the Royal Street Hotel Company, and by that, shall have power to contract and be contracted with, to sue and be sued, to plead and be impleaded, to answer and be answered unto, in all courts having competent jurisdiction, and may have and use a common seal, and the same, to break, alter and renew at pleasure; and shall be vested with all the powers and privileges necessary to the object of their incorporation, as hereafter defined and limited.

Sec. 2.  And be it further enacted, That the said corporation shall have power to own real estate, not exceeding in value, five hundred thousand dollars, and to erect buildings thereon, and the same to sell, convey or to farm let, as to the President and Directors, to be hereafter chosen, shall seem proper.

Sec. 3.  And be it further enacted, That the capital stock of the said corporation, shall not exceed five hundred thousand dollars, to be divided into shares of five hundred dollars for each share, to be paid at such times, and in such proportions, and at such places, and under such penalties and forfeitures, for the failure to pay, as the President and Directors shall order and direct, award and appoint, they giving thirty days notice of the time and place, and the amount of the payment required, and of the penalties and forfeiture for nonpayment, in some newspaper published in the city of Mobile.

Sec. 4.  And be it further enacted, That it shall be the duty of William Jones Jr., Johnathan Emanuel and Abner S. Lipscomb, as soon after the passage of this act of incorporation, as convenient, to give thirty days notice, by publication, in some newspaper published in the city of Mobile, to the subscribers of the said stock to meet at such time and place, as shall in the said notice be designated, for the purpose of electing from their number, nine Directors, to manage and conduct the affairs of the said corporation, at which election, each share shall be entitled to one vote, and the stockholders may vote in person or by proxy.

Sec. 5.  And be it further enacted, That the Directors, when so chosen and elected, may and shall elect from their own number, a President, to preside at their meetings, and the Directors shall


111

continue in office two years, and until their successors shall have been elected, and should a vacancy happen in the Board of Directors, by death, resignation, or by a director ceasing to be a stockholder, it shall be the duty of the remaining Directors, to fill such vacancy from the stockholders, and the person so appointed, shall continue in office for and during the time for which his predecessor had been elected.

Sec. 6.  And be it further enacted, That there shall be an election holden every two years by the stockholders, for the election of the Board of Directors, to be conducted in the same way that is provided for the first election of Directors.

Sec. 7.  And be it further enacted, That the President and Directors shall have power to make and ordain such by laws, not inconsistent with the laws of this State, nor of the United States, as may be necessary to the ordering and well conducting the affairs of said corporation.

Approved, Dec. 23, 1836

[No. 140.]

AN ACT

To authorise the Mayor and Alderman of the town of Florence, to levy an additional tax, for the purpose of making certain improvements in said corporation.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the Mayor and Aldermen, in the town of Florence, in the county of Lauderdale, shall have power to levy an additional incorporation tax, for the purpose of prosecuting certain works in Court street, now under progress, which sum shall not exceed six thousand dollars.

Approved, Dec. 23, 1836.