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[No. 13.]

AN ACT

To be entitled an act, to amend and consolidate the laws on the subject of Public Roads.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That all roads heretofore established or recognized by any act of the General Assembly, or an order of any commissioners' court, as public roads, and not since discontinued, are hereby declared to be such, and full power and authority are hereby given to the commissioners' courts of the different counties in this State, under the provisions hereinafter specified, to order and establish new roads; to discontinue such as have, or may at any time become useless; to alter roads, so as to make them more useful and convenient; and any order of the commissioners' court, by which a road is recognized as a public road, shall in all cases, be prima facie evidence of that fact:  Provided, that said court, shall, in no instance, grant an order to establish, discontinue or change a public road, unless the person or persons petitioning for the same, shall have given at least thirty days notice of the intended application, by advertisement at the Court House door, and at three other public places in the county:  Provided, also, No change shall be made in any State road by the commissioners' court, at the point where such road may cross county boundaries unless the court of the adjoining county will make a corresponding change.

Sec. 2.  And be it further enacted, That the mode of establishing a new, or changing an old road, shall be by a jury of seven house-holders (a majority of whom may act,) appointed by the commissioners' court; and said jury shall, before the clerk of the county court, or other person, qualified to administer oaths, take an oath, that they Awill view and mark out the road named in the order directed to them from the commissioners' court, in pursuance of said order, to the greatest advantage to the public, and with as little prejudice to enclosures and private individuals, as convenient, without favor or affection, malice or hatred, and to the best of their skill and knowledge;'' and said jury, after having complied with said order, shall make report to said court; but no new road shall be opened between the first day of March and tenth day of July, in any year, nor open through any enclosure whilst there is a crop growing in the same.

Sec. 3.  And be it further enacted, That in case where a new road is established, the owner of land over which it passes, may, at or before the next term of the commissioners' court, apply to said court for damages, for the injury which he may have sustained by its establishment, and it shall be the duty of the court to cause a jury to be empanelled and sworn to enquire of such damages; in which inquiry the jury shall be charged to take into consideration the advantages and disadvantages accruing to such applicant, and to give their verdict accordingly; and the damages if any, assessed, shall be paid out of the county treasury:  Provided, the court may in their discretion, order the same jury who lays out the road to be empanelled to assess the damages; and may also appoint in the order, the time at which the road shall be cut out.


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Sec. 4.  And be it further enacted, That the grades and precincts, or parts of all the public roads in this State, shall remain as already fixed and divided by the commissioners' courts, unless said courts see proper to alter them; and it shall be the duty of said courts to divide all those into grades and precincts, which have not already been divided, as well all new roads they may hereafter establish, and to cause their clerks to make out and keep up a full and complete list of all the roads in their counties in some separate place on the books, of their proceedings stating their grades, names and parts or precincts, so that an easy reference may at all times be had to the same; and the grades of all roads shall be as follows: The first grade shall comprise roads at least thirty feet wide, with cause-ways and bridges, at least fifteen feet wide; the second grade, roads not less than twenty-feet wide, with cause-ways and bridges, not less than twelve feet wide; the third, not less than fifteen feet wide, with cause-ways and bridges, at least ten feet wide; all grades cleared of trees and other obstructions, with stumps cut within six inches of the surface, and all lanes shall be at least thirty feet wide.

Sec. 5.  And be it further enacted, That if any person shall alter or change any public road, unless by order of the commissioners' court, founded on the report of a jury, appointed and sworn, as in the case of laying out new roads; or unless it be done to straighten said road through enclosures; or to render it more convenient to the public; or if any person shall erect or cause to be erected across any public road, a fence, bar or other impediment, or fell a tree or brush or other obstacle on or across the same, and shall not remove it within twenty‑four hours thereafter; or if any person shall deface, remove or destroy any mile post, finger or index‑board, cause-way or bridge, legally set up or constructed, on any public road, such person shall be liable to indictment, and on being found guilty, shall be fined in any sum the jury trying the offence may assess.

Sec. 6.  And be it further enacted, That the following persons shall be liable to work on, clear out and repair the public roads; all free white male persons, between eighteen and forty-five years of age, and all male slaves and other persons of color, over sixteen and under fifty years of age, unless exempt by some act of the General Assembly; or some actual or reasonable inability; and the following persons shall be exempt: All licensed ministers of the gospel, teachers and students of common schools or public institutions, keepers of grist mills that grind for toll, public ferrymen, commissioners of roads and revenue, and apportioners, presidents and directors and other officers of the State Bank and its branches, justices of the peace, judges and clerks of the different courts of this State, sheriffs of the several counties of this State and the several executive officers of this State.

Sec. 7.  And be it further enacted, That no person shall be compelled to work on any public road, when every part thereof lies more than six miles from his place of residence, nor be required to work more than ten days in any one year; and all persons shall be required to work on the nearest road to them, unless, in the opin-


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ion of the apportioners, an impartial apportionment cannot in that way be made, but all persons liable to work, and living within three miles of any new road about to be opened, shall be liable to work in opening the same, and when it happens by accident or otherwise, that any person has been warned to work on two or more roads at the same time, he shall work on the road on which he was first waned, if, in any case he would be liable to work on such road, and unless he has been apportioned on some other, and notified or informed thereof.

Sec. 8.  And be it further enacted, That it shall he the duty of every person within the bounds of any beat, on application of any of the apportioners, to be appointed as prescribed in this act, forthwith to furnish a list of all his hands, at that time liable to work on public roads, (himself included,) and if any person neglect, for the space of five days thereafter to deliver such list to someone of the apportioners, he shall forfeit and pay the sum of six dollars for each hand liable to work, to he recovered before a justice of the peace; And it is hereby made the duty of the said apportioners, to apply for warrants in all such cases, and cause the amount of forfeitures collected, to be paid over into the county treasury.

Sec. 9.  And be it further enacted, That it shall hereafter be the duty of the commissioners' courts biennially, at the first term in the year, to appoint three discreet house-holders in each beat in their respective counties to be called, and act as AApportioners and Supervisors," and also, one overseer for each precinct or part of each public road, who shall hold their offices for the term of two years from the date of their appointment; and should the court fail to make such appointments, the same may be made at any term thereafter; and the judge of the county court shall have the authority of making temporary appointments, and filling vacancies which may occur from any cause, in either of said officers, and is hereby so required to do. And the said apportioners or supervisors and overseers, on making a shewing to the satisfaction of the commissioners' court, that they have faithfully discharged all the duties of their respective offices, for the term of two years, shall receive a certificate of exemption at the hand, of said court, from road duty for the next two years. And the apportioners before entering upon the duties of their office shall take an oath, impartially to apportion the hands in their beat according to the grade and quality of the roads, and faithfully to discharge all the duties of their office.

Sec. 10.  And be it further enacted, That within fifteen days, and sooner if practicable, after the appointments mentioned in the last section of this act, are made, the clerk of the county court shall furnish to the sheriff a copy of the order of appointment in each case; if it be of an overseer, stating the road and precinct, the grade of the road, and who are the apportioners in his beat; but if the order be of the appointment of apportioners, such order shall be accompanied with a statement from under the hand of said clerk, of the names of all the overseers in the beat, their precincts, names and grades of the roads. And the sheriff shall, within thirty days


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thereafter, and sooner, if practicable, deliver a copy respectively to each of said officers or leave the some at their most usual places of residence, and make due return of the original to the said clerk; and if the clerk or sheriff neglect either of the duties assigned to them in this act, he shall, in each and every instance, be liable to pay a fine of twenty dollars, to be recovered on one day's previous notice being given, on motion of the State's Attorney, before the circuit court. But a service at any time shall be considered binding on the overseers and apportioners, and the said clerk and sheriff shall not hereafter be entitled to receive any thing for ex-officio services; but, on making a showing to the satisfaction of the commissioners' court, that they have faithfully discharged all the duties prescribed to them by this act, they shall receive annually, the sum of ninety dollars each, to be paid out of the county treasury.

Sec. 11.  And be it further enacted, That if any person, duly served with a copy of an order of his appointment as overseer or apportioner shall fail or refuse to act, such person shall, within ten days, if practicable after such service, furnish a statement in writing, under oath, to the judge of the county court, of the reasons of his non-acceptance, and the said judge shall forthwith fill the vacancy, and cause such statement to be placed on the State docket, of the next circuit court, and in the files of the State papers of said court; and if the reasons be deemed not sufficient, such person shall be liable to be fined by said court, without the intervention of a jury, unless it be demanded, not exceeding one hundred dollars. And, in all cases where such affidavit is not made, the office shall be presumed to have been accepted, and the several officers held responsible accordingly.

Sec. 12.  And be it further enacted, That it shall he the duty of the apportioners, or a majority of them, within fifteen days, and sooner if practicable, after receiving notice of their appointment, to proceed and take a list of all the hands within their respective beats liable to work on the public roads; to apportion them on the different precincts, to tale care that all who become liable by moving into their beats are placed or their list and strike off such as become exempt, and from time to time during their terms of service impartially to apportion the hands among the overseers, according to the duality and grades of the precincts. They shall from time to time, examine the condition of all the public roads in their respective beats, to furnish the different overseers with correct lists of hands; to see that hands and owners of hands are prosecuted for neglect of the duties assigned them; and especially, to cause any overseer in their beat to be prosecuted whose precinct shall be found to be out of repair, by reporting him to the grand jury, by deputing one of their number to attend the circuit court for that purpose. And the apportioner attending court for this purpose, shall be entitled to receive out of the county treasury, four cents per mile for going and returning, ferriage, and two dollars per day while attending court; unless the overseer be convicted, and in that case such expense shall be taxed in the bill of costs against him. And if any apportioner


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neglects any of the duties prescribed for him in this act, he shall be liable to indictment, and on being found guilty, shall be fined in any sum the jury trying the offence may assess.

Sec. 13.  And be it further enacted, That it shall be the duty of the overseers in each beat, as soon as practicable after their appointment, if they have not been furnished with a list of hands by the apportioners, to apply for and obtain a list from them, or some one of them, and cause the apportioners to be presented to the grand jury, if they fail or refuse to furnish lists, or discharge their other duties, and shall be entitled to recover the same compensation as is allowed by this act to apportioners for attending court when necessary. They shall have the right to act under former apportionments when none is regularly made, and warn and compel all hands to work who live within two miles of any part of their precinct. When no apportionment old or new exists, they may place on their lists any hands who are liable and have not been apportioned, and such hands are hereby required to work. They shall measure their respective precincts in continuation, set up neat and permanent mile posts at the end of each mile from the court-house or other noted place on his road, to affix at the forks of all public roads index or finger-boards pointing towards, with directions to the most noted places to which they lead, and supply the place of any posts or boards which may be removed; they may contract for the making of the same, and present their accounts, sworn to, which shall be allowed by the commissioners' court out of the county treasury. For the purpose of opening a new road, they may warn, and compel to work, all hands within three miles of any part thereof, to keep their road in repair, they shall exercise their discretion as to when they will call out the hands, so that no one can be compelled to work more than ten days in any one year. They shall see that all persons are prosecuted who injure their roads or precincts.

Sec. 14.  And be it further enacted, That the mode of warning hands shall be by giving at least two days previous notice, either by the overseer himself (or some person whom he may appoint, who may by serving be exempt from working for the time,) in person or in writing, left at the proper persons place of residence, to all free male persons as well as to the owner or overseer of slaves, liable to meet at such times and places as he may appoint, and with such tools as he may direct.

Sec. 15.  And be it further enacted, That if any free person summoned as prescribed by the fourteenth section of this act, shall fail to attend or send a substitute, with the proper tools, or fail faithfully to perform his duty, or if any owner or overseer of any slave shall fail to send the same to work, in pursuance to the summons, such person, owner or overseer, shall for each days default, pay not exceeding three dollars nor less than one dollar, to be recovered before a justice of the peace of the proper beat, and it shall be the duty of the overseer to return a list; on oath, of all the defaulters, and take care that they are sued as this section directs, and the list returned as aforesaid, shall, in the absence of the overseer, be deemed


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sufficient evidence.  Provided, the overseer may hear excuses that are good, during the first five days after the default, had the justice of the peace at any time after and before judgment, may hear all reasonable excuses; And provided also, that if any overseer return an incorrect list to the justice of the peace, any person injured thereby, may recover the amount of damages sustained by an action of debt, and in no case shall an overseer pay costs if a defaulter be exonerated, provided that the costs shall be paid as in other State cases.

Sec. 16.  And be it further enacted, That if any overseer fails to prosecute defaulters as the law directs, it shall be lawful for any person that is liable to work on said road, to apply to a justice of the peace, and such justice is hereby required to issue a summons against such overseer, requiring him to appear and show cause why the defaulters were not prosecuted, and if such overseer fails to appear and shew cause, such justice shall give judgment with costs against him, for as much as the fines would have amounted to, at two dollars for each defaulter, and the officer collecting the same, shall pay it over into the county treasury.

Sec. 17.  And be it further enacted, That the overseer shall cause bridges and causeways to be constructed wherever necessary, unless the commissioners deem it expedient to have the same built by private or individual contract; and whenever from any cause, a space intervenes between any two beats, precincts, or at a county line on the same road, the overseers on each side shall unite in proportion to their respective number of hands, in doing the work necessary to bring their precincts together, whether in working the road, building a causeway or a bridge. Should any overseer find it necessary to contract for timber to build a bridge, causeway, or make other improvements on his road, and he cannot agree with the owner of the timber, then and in that case, he shall appoint some one disinterested person, and the owner of the timber shall have the liberty of appointing some other person, and if the owner neglect or refuse to do so, then the overseer shall appoint two persons, who after having been first sworn, shall value the timber, and should they disagree as to a price, they shall call to their aid a third person, whose decision shall be final; and the owner on obtaining a certificate of such decision, shall lay the same before the commissioners court, who shall cause the allowance to be made out of the county treasury. And should the overseer find scrapers or dirt drags, wagons, ploughs and horses, or any other instruments besides the ordinary farming tools, necessary to put and keep his precinct in good repair, he may in his discretion, receive them in exchange for the labor of hands, if they can be obtained in that way, or he shall apply to the commissioner's court, who being fully satisfied of the expediency of the application, may, and are hereby required to authorise the overseer to make a contract for such of them and to, such an amount as they may think proper, and pay the amount out of the county treasury.

Sec. 18.  And be it further enacted, That all persons or officers into whose hands any money may come on account of fines, &c. under this act, shall pay the same over to the overseers of the, proper


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roads, to be by them expended and laid out in the improvement of the same. And said overseers shall make return annually, to the county court and commissioners, showing the manner in which they have expended the same.

Sec. 19.  And be it further enacted, That if any overseer fail to open any new road which he has been appointed to open, or fail or neglect to keep the roads, bridges and causeways within his district or precinct, clear and in good repair, or suffer them to remain uncleared and out of repair for ten days, at any one time, or neglect any other duty prescribed in this act, provided he be not hindered by high water, bad weather or other sufficient cause, to be adjudged of by the court, such overseer shall be liable to indictment, and on being found guilty, shall be fined any sum the jury trying the offence may assess. And on the trial of any overseer for a neglect of duty, &c. under this act, proof of his appointment, by the return of the order by the sheriff, or in case of its loss, by the evidence of the sheriff, clerk or of any other person who knows the fact from any act of the overseer, shall be taken as prima facia evidence, that the road is a public road, and that hands have been regularly and in due time apportioned on it, and with the additional proof of the bad condition of the road, the charge shall be considered as established and the burden of proof thrown on the overseer.

Sec. 20.  And be it further enacted, That it shall be the duty of the Secretary of State to have one hundred copies of this act printed within ten days after the adjournment of the present General Assembly, and to distribute one copy of said act, to each of the clerks of the county courts of this State before the first day of February next.

Sec. 21.  And be it further enacted, That all the laws now in force on the subject of public roads, as well as all laws or parts of laws, which contravene the provisions of this act, be, and the same are hereby repealed:  Provided, this act shall not apply to the county of Mobile, nor be so construed as to alter or repeal any special act for the benefit of any other county, town or company.

Approved, Dec. 23, 1836.

[No. 14.]

AN ACT

To discontinue and establish certain election precincts therein named.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the election precincts heretofore established by law, at the places following, to wit: at James Prothrow=s in the county of Chambers, at Adam Ranor=s in the county of Marion, at Daniel Readoe in the county of Lauderdale, at William Campbell=s in the county of Clarke, at Ship=s in the county of Butler, at John McCundica=s in the county of Wilcox, in Capt. Robb’s beat south of the Tennessee river in the county of Jackson, at John Weaver=s in the county of Fayette, at Puckett=s Store in the county of Sumter, at William Browne=s in the county of Walker, at John Smith=s near the bluff, generally known and called by the lower standing Peach Tree in the county of Wilcox, at Asa Cobb=s in the county of Franklin, at James


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Blassington's in the county of Randolph, at Y. R. Watts' in the county of Conecuh, at Hiram Monger's in the county of Washington, at the store of Small & Pearce in the county of Pike, at Middleton Ford's in the county of Morgan, at Capt. Daule's'and at Maj. Henley's in the county of Cherokee, at Willis Woods' in the county of Talladega, at Charles Priester's late residence in the county of Washington, at Shoal Ford in the county, of Limestone, be and the same are hereby abolished and discontinued. And that the election precincts now established at Gayle's store in the county of Dallas, be and the same is hereby abolished, and that the precinct heretofore established at the house of George W. Hale, be abolished, and that a precinct be established at the present residence of said George W. Hale in the county of Morgan, and that an election precinct at Normentsville in Pickens county, be also abolished, and that an election precinct at the house of Robert Bell in the county of Greene be also abolished, and that the election precinct at the house of Robert Cosby's in Blount county be abolished and one established at the store; house of Aldridge & Brooks, in lieu thereof its said county.

Sec. 2.  And he it further enacted, That election precincts be and the same are hereby established at the places following, to wit: one at the home of Lesam Parmer in the county of Cherokee, one at James McCutchan & Co's store in the county of Limestone, one at the new place of Charles Prieston in the county of Washington, one at Black Bluff in the county of Sumter, one at the store of Messrs. Noell & Wilson, in the town of Fayetteville in the county of Talladega, one at the house of Thomas Geddes' on Elliot=s creek, in the county of Perry, one at the house of George Ranson on the south side of the Tennessee river in the county of Marshall, one at the store house of John H.L. Murray in the county of Morgan, one at New Lexington in the county of Tuscaloosa, one at William Babb's in the county of Conecuh, one at Thomas James' in the county of Morgan, one at Blue Store in the county of Pike, one at the house of John Green in the county of Barbour, one at Lewis' creek, meeting house in the county of Washington, one at the store house of R. W, Henry in the county of Chambers, one at the house of Edward James in the county of Macon, one at the house of Alexander Bornes' in the county of Tallapoosa, one at Patton's cross roads in the county of Greene, one at the store of Richard A. Townes and Company near the rail road in the county of Franklin, one at Hugh Montgomery's mills, and one at the house of Hugh W. Harris in the county of Randolph, one at the store house of Henry W. Bryan near the Lower Peach Tree in the county of Wilcox, one at Payneville and one at Buzzard Roost in the county of Sumter, one at the house of Robert Richards in the county of Barbour, one at the house of William Kilpatrick,’ one at Normentsville in the county of Pickens, one at the house of David Barton in the county of Fayette, one at the store of Pleasant G. Jackson in the county of Butler,' one at Daniel McCoy's in the county of Jackson, one at Snow Hill in the county of Wilcox, one at the house of Martin Saice in Captain Jacob Champion's beat in the county of Lowndes, one at the house of Captain Green Wood


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in the county of Limestone, one at the house of John McKnight and Wright Causey, on section twenty-seven, township twenty-four, and range 25, in the county of Chambers; one at Samuel Forward's store at his summer residence near the forks of the road leading from Suggsville to Claiborne and Gosport, in the county of Clarke one at Hillsborough on the rail road in the county of Lawrence, one; at the store of Westmoreland and Taliaferro in the county of Lauderdale, one at the house of Thomas Noah, and one at the house of James Franks in the county of Marion, one at the store of Thomas Smith, on lot number thirty-three, township twenty-four, range twenty-six, in the county of Chambers; one at the house of William Wilson on Mud creek in the county of Fayette, one at the house of Bannoi Miles in Pickens county, one at Cochran=s mills in the county of Pickens, one at the house of John A. Hurst in the county of Chambers, one at the house of John Ready in the county of Walker, one at Yantley on the lands of Burwell Harman on Yantley creek in the county of Sumter, one at the house of Edward James in the county of Macon, one at the house of Alexander Burns in the county of Tallapoosa, one at Bonner=s mill in Pickens county, one at the house of Mike Armstrong, and one at William Trugwick=s in the county of Butler, one at the town of Lexington in the county of Dallas; and also to abolish the election precinct at Haner Hinds in Tallapoosa county, and to establish in lieu thereof one at Dudley=s mill in said county; also to abolish an election precinct at the house of Mr. Castle=s on Bear creek in Pickens county.

Sec. 3.  And be it further enacted, That from and after the passage of this act, it shall be the duty of the sheriff of the county of Mobile to open the polls at every annual election in the city of Mobile at eight o'clock in the morning, and continue the same open until six o'clock in the evening. And the precincts heretofore established in said county at Portersville and at the Creek house, are hereby abolished, and the precinct at Spring Hill removed from King's store to the house of Jonathan Chrisolm, and also a precinct established at Ladinear's house on Bayou le Batree, and if the sheriff of said county shall fail to comply with the first provisions of this section, he shall thereupon forfeit and pay a fine of one hundred dollars, to be collected in the ordinary mode of enforcing fines against officers.

Sec. 4.  And be it further enacted, That the name of the election precinct at Dumas' store, in the county of Pickens, be and the same is hereby changed to that of ALiberty,@ and further, that the second section of an act passed on the ninth day of January, one thousand eight hundred and thirty-six, entitled an act to establish and abolish certain election precincts therein named, be so amended as to strike out the words AJames' mills" and insert in lieu thereof the words, Mrs. Sarah Jane's mills.

Sec. 5.  And be it further enacted, That the election precinct heretofore established at Farley's, in Madison county, be, and the same is hereby abolished, and in lieu thereof an election precinct


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be and the same is hereby established at David Clutts in said county.

Sec. 6.  And be it further enacted, That the election precinct heretofore established at Ba Secures, in Baldwin county, be and the same is hereby abolished, and in lieu thereof an election precinct be and the same is hereby established at the house of Nicolas Meeks in said county.

Sec. 7.  And be it further enacted, That the election precinct now established at Hemphill=s mill and at Iven Howard=s, in the county of Tuscaloosa, be abolished, and that one be established at James Cockrell=s new store, on the State road in said county.

Sec. 8.  And be it further enacted, That the following election precincts be and the same are hereby abolished, to wit: at the house of L.B. Vincent in the county of Franklin, at the sixteenth section, township thirteen, range twenty-seven, in the county of Barbour, at the store of White and Mangham in county of Russell, at Hindes= in the county of Tallapoosa, and at the Haytor=s store in Lawrence county.

Sec. 9.  And be it further enacted, That the following precincts be, and the same are hereby established, to wit: one at Salem in the county of Russell, one at the house of Robert P. Bates in the county of Franklin, one at Fredonia in the county of Chambers, one at the house of H.G. Jinkins on section twenty-eight, township thirteen, range twenty-seven, in the county of Barbour, one at the store house of High & Travis in the county of Limestone, one at the house of James Cain in the county of Walker, one at Linch=s store in the village of Aberfail in the county of Pike, one at Dudleyville and one at Bevin=s store in the county of Tallapoosa.

Approved, Dec. 23, 1836.

[No. 15.]

AN ACT

To alter and amend the laws now in force, fixing the compensation of the Judges of the Circuit and Supreme Court.

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 judges of the supreme court shall receive, as compensation for their services, a salary of twenty-two hundred and fifty dollars each.

Sec. 2.  And be it further enacted, That the judges of the circuit court, hereafter to be elected, shall receive a salary of two thousand dollars each.

Sec. 3.  And be it further enacted, That hereafter, if any judge of the supreme court shall fail or neglect to attend any term of said court, at the commencement thereof, or, after having attended, shall absent himself before the final adjournment of said court, every such judge, so failing or neglecting to attend, or absenting himself, (unless the same shall be necessary on account of the sickness of himself or his family, to be proven by his own affidavit, which shall be produced to the comptroller of public accounts, and filed in his office,) shall forfeit the sum of twenty-five dollars, to be deducted from his salary, for each and every day he may so neglect or fail to attend or shall absent himself.


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Sec. 4.  And be it further enacted, That hereafter, if any judge of the circuit courts of this State, shall fail or neglect to attend any term of any circuit court, which it may be his duty to hold, at the commencement thereof, or, after having attended, shall absent himself therefrom before the end of the term of any such court, as fixed and prescribed by law, (unless the business of said court shall be sooner disposed of,) every such judge, so failing or neglecting to attend, or absenting himself, (unless the same shall be necessary on account of the sickness of himself or his family, to be proved by his own affidavit, which shall be produced to the comptroller of public accounts, and filed in his office) shall forfeit the sum of twenty-five dollars, for each and every day he may so fail or neglect to attend, or shall absent himself.

Sec. 5.  And be it further enacted, That it shall be the duty of the clerk of the supreme court, whenever any judge thereof shall fail or neglect to attend at the commencement of any term of said court, or, after having attended, shall absent himself from said court, before it shall have finally adjourned, immediately after the final adjournment of said court, to certify to the comptroller of public accounts, the number of days any such judge shall have failed or neglected to attend said court, or shall have absented himself therefrom after having attended; and in like manner, whenever either of the judges of the circuit courts of this State, whose duty it may be to hold the term of any circuit court, shall fail or neglect to attend at the commencement of the term of any such court, or after having attended, shall absent himself therefrom before the expiration of the term thereof, is fixed by law, (unless the business therein shall be sooner disposed of,) it shall be the duty of the clerk of any such circuit court, immediately after the final adjournment thereof, or after the expiration of the time fixed by law for holding the same, to certify to the comptroller of public accounts the number of days said, judge shall so have failed or neglected to attend, or shall so have absented himself after attending said court. And it shall and is hereby made the duty of the comptroller of public accounts, at the time the next quarter=s salary of any such judge of the supreme or circuit court shall become due, to deduct therefrom the sum of twenty-five dollars per day, for each and every day such Judge of the supreme court, or of the circuit court, (as the case may be,) shall have failed or neglected to attend any court, or shall have absented himself therefrom, under provisions of this act, according to the certificate of the clerk of the proper court, unless such judge shall make affidavit, as required by the second and third sections of this act.

Sec. 6.  And be it further enacted, That if the clerk of the supreme court, or the clerk of any circuit court, shall fail or neglect to perform the duty required of them respectively, by the fifth section of this act, for the space of thirty days, every such clerk, so offending, shall be liable to be fined in the sum of one hundred dollars, to be recovered on motion of the solicitor in the circuit court of the pro-


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per county, one day=s previous notice in writing, being given of any such motion.

Sec. 7.  And be it further enacted, That all laws, and parts of laws, contravening the provisions of this act, be and the same are hereby repealed.

Approved Dec. 23, 1836.

[No. 16.]

AN ACT

To revise the Militia Laws 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 it shall be the duty of the Governor, and he is hereby authorised to appoint three commissioners to meet in the town of Tuscaloosa, on the first Monday in October next, whose duty it shall be to digest, amend and revise the militia laws in such manner as will ensure an efficient and uniform system, which shall be laid before the next session for approval and examination.

Sec. 2.  And be it further enacted, That the commissioners appointed under the first section of this act, be and they are hereby authorised to appoint a secretary; and the commissioners and secretary shall be entitled to receive the same compensation that is now allowed by law to members of the General Assembly.

Sec. 3.  And be it further enacted, That the comptroller is hereby authorised to issue his warrant for the same on the certificate of the chairman of said commissioners, which shall be paid out of any money in the treasury not otherwise appropriated.

Approved Dec. 23, 1836.

[No. 17.]

AN ACT

To raise the salary of the State Printer.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the State Printer shall receive an annual salary of thirty eight hundred dollars, to be paid agreeable to the law now in force on that subject.

Sec. 2.  And be it further enacted, That in addition to the number now required by law to be printed, the printer shall print sixty copies of the acts and resolutions, and twenty-five copies of the journals of the House of Representatives, and fifteen copies of the journals of the Senate and distribute them as now required by law.  Provided however, if the State Printer shall fail to perform any part of the duty of him required, that his salary shall be deducted from in proportion to his failure.

Sec. 3.  And be it further enacted, That the sum of eight hundred dollars in addition to the sum of three thousand dollars already appropriated, be and the same is hereby appropriated for the payment of the State Printer for the ensuing year.

Approved, Dec. 23, 1836.

[No. 18.]

AN ACT

To amend the laws in relation to sixteenth sections in this State.

Section 1.  Be it enacted by the Senate and House of Represen-


23

tatives of the State of Alabama in General Assembly convened, That whenever any payment shall have been made on account of any sixteenth section, the whole net profits made on the fund thereby created, shall be paid over to the commissioners of such sixteenth section in the same manner that the six per cent or said fund is now required to be paid over, and shall be by said commissioners appropriated in the sane manner as the said six per cent is now required to be appropriated, notwithstanding full payment shall not have been made for such sixteenth section.

Approved Dec. 23, 1836.

[No. 19.]

AN ACT

To authorise the Governor to appoint three Commissioners annually to examine the affairs of the Bank of the State of Alabama, at Tuscaloosa.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the Governor be and he is hereby authorised to appoint three Commissioners annually to examine the affairs and condition of the Bank of the State of Alabama at Tuscaloosa, whose duty it shall be to report the result of said examination to the Legislature, within the first week of their session.

Sec. 2.  And be it further enacted, That the commissioners authorised to be appointed by this act shall receive the same compensation which is now allowed by law, to commissioners appointed to examine the several branch banks of this State.

Approved, Dec. 23, 1836.

[No.20.]

AN ACT

Concerning the registration of Deeds.

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 lawful for any person or persons, who have failed to have deeds and conveyances of real and personal estate, recorded within the time prescribed by law, to have the same recorded within six months after the passage of this act.  Provided, that such legislation shall not affect the rights of creditors and purchasers which have heretofore vested.

Sec. 2.  And be it further enacted, That deeds heretofore recorded, but not within the time required by law, shall be as good and effectual as if recorded in the time aforesaid, except as to creditors and subsequent purchasers, without notice.

Approved, Dec. 23, 1836.

[No. 21.]

AN ACT

Relative to the stock belonging to the State, in the Bank of Mobile.

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, it shall be the duty of the President of the Bank of the State of Alabama, and he is hereby authorised to receive from the Bank of Mobile, such amount of dividends on the stock owned by the State in said bank, as may have been declared by the Board of Directors, or may hereafter be declar-


24

ed by the board of Directors, and out of the sums so received, it shall be his duty to pay the semi- annual interest on the State bonds, amounting to six hundred thousand dollars, invested in the stock of said bank.

Sec. 2.  And be it further enacted, That the said president of the State Bank, be and he is hereby authorised to sign such books or acquittances as may be necessary for the dividends aforesaid, and it shall be his duty, after paying the said semi-annual interest, to deposit the remainder of said dividends to the credit of the sinking fund in the said Bank of the State of Alabama.

Approved, Dec. 23, 1836.

[No. 22.]

AN ACT

Amendatory of the laws on the subject of Dower.

Section 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 all femes covert within this State, whether under or over the age of twenty-one years, to make relinquishment of dower, to the estate of their husband, under the rules, limitations and restrictions now provided; any law to the contrary notwithstanding.

Approved, Dec. 23, 1836.

[No. 23.]

AN ACT

To authorise Lawyers residing in the State of Georgia to practice Law in the Circuit and County Courts of this State.

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, resident lawyers of the State of Georgia are hereby authorised to practice law in the Circuit and County Courts of this State, upon the applicants producing in any court where he may desire to practice, a license granted agreeably to the laws of Georgia.

Approved, Dec. 23, 1836.

[No. 24.]

AN ACT

To amend an act approved January 9th, 1836, entitled Aan act to abolish direct taxation in this State.”

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the fourth section of the above recited act, shall not be so construed as to authorise the commissioners courts of the several counties of this State, to lay a tax for county purposes exceeding the rate of the State tax, as fixed by an act approved January 10th, 1835, entitled Aan act to raise a revenue for the support of government, until otherwise altered by law.”  Provided, the provisions of this act shall not apply to the counties of Pike, Macon, Coosa and Shelby.

Approved, Dec. 23, 1836.

[No. 25.]

AN ACT

To amend the several acts now in force to prevent the evil practice of gaming, 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 from and after the passage of this act, if any person of mature


25

age, shall gamble and bet at cards, dice, bacgammon, billiards, or any other game of hazzard, with a minor or person under twenty one years of age, or suffer any minor to bet at any gaming table, or other device, no matter by what name called, whereby money or any other property or commodity has been won or lost by any minor under the age of twenty-one years, any person so offending shall be fined on conviction of a jury in a sum not less than five hundred dollars and stand in the pillory two hours in each succeeding day for three successive days.

Sec. 2.  And be it further enacted, That any person of mature age, who may at any time or in any place be found offending against the first section of this act, by betting, gambling and playing with any minor, under the age of twenty-one years, on any game of hazzard, no matter by what name called, whereby money or other thing of value may have been won or lost, such person may be apprehended by any person, and taken before some justice of the peace, whose duty it shall be to inquire into the offence, and if its his opinion said offender be guilty of a violation of the first section of this act, it shall be his duty to return said offender to the next circuit court and require that said offender enter into bond with good security, in such sum as will secure his appearance at said circuit court, and in case said offender shall fail or refuse to enter into bond and security as hereby required, said justice may commit him to the common jail of the county, for safe keeping until such bond shall be executed.

Sec. 3.  And be it further enacted, That it shall be the duty of the several circuit court judges in this State, to give in charge to the grand juries, this act, and all fines incurred under it, shall go, one half into the county treasury, and the other half to the informer.

Sec. 4.  And be it further enacted, That on any person being apprehended for a violation of the first section of this act, the witness in such case testifying that in his opinion the appearance of the youth, the offender charged with a violation with, he is under the age of twenty-one, shall be good and sufficient evidence to convict said offender, unless said offender does prove said youth was over the age of twenty-one.

Approved, Dec. 23, 1836.

[No. 26.]

AN ACT

To amend the laws regulating Judicial proceedings.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That hereafter, all original mesne and final process, issued from the clerks office of any court in this State, shall be directed "to any sheriff of the State of Alabama,” and it shall be the duty of any sheriff or coroner if the case required it, in the State in whose hands any such process shall be placed for service, to execute and return, or to return if it cannot be executed, the same as required by law, when process is directed specially to him:  Provided, that no bail writ or ca. sa. shall be executed on any defendant, who is a freeholder in the State, out of the county of his permanent residence or any adjoining county, unless the plaintiff, his agent or attorney shall first