[No. 141.]

AN ACT

To authorise John Martin to build a toll bridge across the little Warrior river, in the county of Blount.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That John Martin and his associates, be, and they are hereby authorised to build a toll bridge across the little Warrior river, where the Tuscaloosa road now crosses the same, provided the same do not obstruct the present ford of said river.

Sec. 2.  And be it further enacted, That the said John Martin, and his associates, be and they are authorised to take and receive the following rates of toll, to wit: for every four wheeled pleasure carriage, fifty cents; for every two wheeled pleasure carriage, thirty-seven and a half cents; for every wagon and team, fifty cents; for every cart, twenty-five cents; for every man and horse, twelve and a half cents; for every foot passenger, six and a fourth cents; for every head of horses, three cents; for every head of cattle, two cents; for every head of hogs and sheep, one cent.

Sec. 3.  And be it further enacted, That the said John Martin and his associates shall forfeit and pay such fine or sums, as may be recovered before any justice of the peace, or judge of the county or circuit court, having cognizance of the same, for all damages that may be done to any passenger or passengers in crossing said bridge, if occasioned by neglect on the part of the proprietors of said bridge.


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Sec. 4.  And be it further enacted, That the aforesaid John Martin and his associates, shall commence the construction of said bridge within one year after the approval of this act, and complete the same within two years, and shall have and enjoy the same, for the period of fifteen years, any law, usage or custom to the contrary notwithstanding.

Approved, Dec. 23, 1836.

[No. 142.]

AN ACT

To locate the Seat of Justice in the county of Russell, 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 George W. Elliott, William Sells, Vincent E. Revere, H. B. Greene and William Riley, be, and they are hereby appointed commissioners, whose duty it shall be to meet on the first Monday in February next, at some convenient place, in the county of Russell, and proceed to the selection of a suitable site, whereupon to fix the seat of justice in said county, as near the centre as practicable.

Sec. 2.  And be it further enacted, That when said commissioners have made the selection, according to the provisions of the first section of this act, then it shall be their duty, to make a purchase of the site so selected,  Provided, the same shall not exceed, in quantity, one quarter section of land, and the said commissioners after purchasing the site, as aforesaid, shall have power to lay off into lots, in such size, as to them shall seem most expedient, and the tract of land so purchased by them, to sell and dispose of in such manner as they may judge best for the public interest, and the money arising from such sale, shall belong to the county of Russell, after paying the purchase money for the same, and shall be appropriated by said commissioners to the building of a Jail and Court House in said county, in such manner as is hereinafter specified:  Provided, That said commissioners, shall reserve from sale, one or more lots for the purpose of erecting on the same a Court House and Jail in said county.

Sec. 3.  And be it further enacted, That the said commissioners are hereby authorised to contract for the building of a Court House and Jail, in said county or either of them to the lowest bidder, giving at least twenty days public notice of the time and place of letting out the said work, bond and security shall also be taken by them of the undertakers, for the faithful performance of the contract, in a sum not less than ten thousand dollars.

Sec. 4.  And be it further enacted, That said commissioners, shall keep a fair record of their proceeding in the clerk=s office of the county court aforesaid, shewing their expenditures, the amount of sales and such other items as they may deem necessary.

Sec. 5.  And be it further enacted, That the commissioners shall be allowed to retain, from the proceeds arising from the sale of the lots, one dollar and fifty cents per day for their services, and in all cases, a majority of the commissioners hereby appointed, shall be sufficient to act, and all vacancies, which may occur among said commissioners, shall be filled by those remaining in office; a record of every such appointment shall be made with the other proceedings of said commissioners.


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Sec. 6.  And be it further enacted, That the circuit and county courts, shall continue to be held in the town of Girard, until such time, as said commissioners, appointed by this act, for that purpose, shall provide a suitable house at the new Court House site, selected by them under this act, wherein to hold the said courts.

Sec. 7.  And be it further enacted, That it shall be the duty of the commissioners, appointed under this act, before entering upon the discharge of the duties herein assigned them, to take an oath, before some person authorised by law to administer oaths, faithfully and impartially to perform their respective duties as commissioners, to the best of their skill and ability.

Sec. 8.  And be it further enacted, That in case said commissioners fail to meet, as provided for by this act, on the first Monday in February, then and in that case, they may meet at any subsequent time, in the year eighteen hundred and thirty-seven.

Sec. 9.  And be it further enacted, That in case the proceeds, arising from the sale of lots, as provided for in the foregoing sections of this act, shall fall short of building the Court House and Jail in said county, then and in that case, the commissioners= court of revenue and roads, shall be authorised to levy a special tax for that purpose:  Provided, the same shall not exceed one hundred per cent in any one year, upon the State tax for eighteen hundred and thirty-five: and provided further, that the said special tax, shall not in the whole, exceed two thousand dollars.

Sec. 10.  And be it further enacted, That all laws contravening the provisions of this act, be and the same are hereby repealed.

Approved, Dec. 23, 1836.

[No. 142.]

AN ACT

To incorporate Union Town in the county of Perry.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the village known as Union Town in the county of Perry, be and the same is hereby incorporated, and that all that territory lying and being within one quarter of a mile of the square formed by the crossing of the two principal streets in said town, and at the north-east corner of which square, stands the tavern owned by David Fluker, be and the same is hereby declared to be within the limits for the same.

Sec. 2.  And be it further enacted, That on the first Monday in March next, and in each and every year thereafter, an election by ballot for five councillors, residents, land or house holders, shall be held at some convenient and public place in said town, who shall serve for the term of one year after they shall have been elected; the first election shall be held and managed by William Hood, John Werash, David Fluker, James A. Mosely and William J. McKerall, or any two of them, and all subsequent elections shall be held by two of the councillors, to be appointed by the board for that purpose, and the said councillors so elected, shall on the next day after such election, in each and every year, meet and elect by a majority


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of votes, from their own body an Intendant, whose duty it shall be to preside and keep order at all meetings of said councillors, and in his absence or incapacity, any other member may be called to the chair, and the said councillors shall be and they are hereby constituted a body corporate, by the name and style of the Intendant and Council of the town of Union Town, and by that name they and their successors in office, shall be capable in law of suing and being sued, pleading and being impleaded, in all manner of suits either in law or equity, and also to have and to keep a common seal, and the same to break, alter and amend at pleasure, and in general to do all acts which are incident to bodys corporate, and to purchase, hold and dispose of for the benefit of said town, real, personal or mixed property to the amount of five thousand dollars.

Sec. 3.  And be it further enacted, That the said corporation shall have power to ordain or pass all such ordinances, resolutions, and make all such regulations as may by them be deemed necessary for the good order and government of said corporation, which may extend to the preservation of health, to prevent and remove nuisances, to license, tax and restrain theatrical amusements, shows and nuisances of all kind whatsoever, within said corporation, to restrain and prohibit every species of gambling, drunkenness, profane swearing or other obscene and unlawful language, assaults and batteries, and all other breaches of the peace, appoint night watches and patrols when necessary, to clean and keep in repair the streets of said town, to remove and prohibit trespasses on the same, to collect taxes on all property, both real and personal, including poll taxes within said corporation for the purposes of defraying the expenses of the same, to grant licenses to retailers of spirituous liquors, to regulate and restrain them when deemed a nuisance, to grant licenses to and tax merchants and auctioneers, to prevent the introduction of contagious or infectious diseases within the town, to restrain and prohibit all nightly or disorderly meetings or assemblages of slaves, free-negroes or mulattoes and other knavish or disorderly persons, arrest and sell vagrants for a term not exceeding three months, who have no known place of residence, and cannot shew how, he or they obtain an honest livelihood, to restrain and prevent all free persons from trading with negroes, without an other written or verbal from his or her owner or an agent or overseer, and in general, to pass such by-laws, not contrary to the constitution of this State and the laws thereof, as the corporation shall from time to time deem expedient and necessary to carry into effect the meaning and intention of this act, and the same to put into execution, to revoke and alter as the said corporation shall deem expedient; the said corporation shall have power to appoint a treasurer, assessor, collector and constable and such other subordinate officers as they may think necessary, and by ordinance require security from the several officers so appointed, to annex such fees to the several officers, not exceeding fifty dollars, as they may deem necessary; they are hereby also empowered, to levy such fine or fines, not exceeding fifty dollars, for any breach of their by-laws, as they may deem proper,


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and all fines by them imposed, shall be sued for in the name of the corporation, before any justice of the peace, and the money so recovered shall be paid to the treasurer for the benefit of said town:  Provided, that this act and all the by-laws and ordinances of the said corporation, shall be at all times subject to revision or repeal by the general assembly.

Sec. 4.  And be it further enacted, That when vacancies shall happen in the board of councillors, by death, resignation or otherwise, such vacancies shall be filled by the board, and the member or members so added, shall continue in office until the succeeding annual election.

Sec. 5.  And be it further enacted, That should the election not take place on the day fixed for the annual election of councillors, the board shall not for that cause be dissolved, but the incumbents shall remain in office until their successors are elected and it shall be one month thereafter, on which day two of the councillors shall attend and hold an election for councillors.

Sec. 6.  And be it further enacted, That the said intendant and council shall appoint a clerk, whose duty it shall be to keep a fair record of their proceedings, and publish the same and all laws and ordinances in some public newspaper or at three public places in said town.

Sec. 7.  And be it further enacted, That the intendant and councillors first appointed and their successors in office, shall severally before they enter upon the duties thereof, take an oath before some person qualified to administer the same, that they will faithfully discharge the duties to them committed, without favor, affection or partiality, a certificate of which oath shall be filed with the clerk of the board of councillors.

Sec. 8.  And be it further enacted, That each and every person who may be elected a councillor for said town, shall ex-officio be a justice of the peace within the limits of the same, for the purpose of executing and carrying into effect the by-laws and ordinances of said corporation.

Sec. 9.  And be it further enacted, That all white male inhabitants, above the age of twenty-one years, who shall have resided within the limits of the said town, six months immediately preceding an election for councillors, and all land holders or free holders therein, shall be deemed qualified electors at such election.

Sec. 10.  And be it further enacted, That all persons residing within the limits of said corporation, shall be exempt from working on roads within said corporation.

Sec. 11.  And be it further enacted, That the intendant of the town of Union Town, shall be and he is hereby authorised and empowered to exercise all the jurisdiction, duties and powers which appertain to and are exercised by justices of the peace in Perry county, and shall be subject to the same penalties and liabilities; and the constable authorised to be appointed by this act, shall posses all the powers and be authorised to discharge all the duties which other constables of said county are; and such constable and his securities, shall be subject to the same penalties and liabilities, as attached


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by law to other constables; and the constable appointed under the provisions, shall give bond with approved and sufficient security, in such an amount as shall be determined by the intendant and council of said corporation, for the faithful performance of his duty, which said bond shall be filed in the office of the clerk of the county court of said county.

Approved, Dec. 23, 1836.

[No. 143.]

AN ACT

To authorise a Brigade encampment of the Commissioned Officers, in the 13th Brigade 5th Division, of Alabama militia.

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 lawful for the brigadier general in command of the above brigade, to convene and hold at some central point, in said brigade, to be selected by him, a brigade encampment of all commissioned officers of said brigade one in every year, which encampment may be continued for five days by the said brigadier general.

Sec. 2.  And be it further enacted, That any commissioned officer in said brigade, who shall fail, neglect or refuse, to attend any such encampment, may be fined by a court martial, to be detailed by a brigadier general or other officer highest in command, to consist of five officers; if he be a Colonel, any sum not exceeding two hundred and fifty dollars; Lieutenant Colonel or Major, any sum not exceeding one hundred and fifty dollars; Captain not exceeding one hundred dollars, and all other officers not exceeding seventy-five dollars. The same to be collected as other militia fines.

Approved, Dec. 23, 1836.

[No. 144.]

AN ACT

For the relief of certain persons therein named.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That there shall be and there is hereby appropriated from any moneys unappropriated in the treasury, the following sums for the payment of debts due to individuals hereafter named, for forage, provisions and ammunition, furnished to troops in the service of the State, and for services rendered to the same. To Franklin Armstrong & Co. three hundred dollars; to Joel Higgins, two hundred and fifty dollars; to Elizabeth Cornals, one hundred and ninety-eight dollars and eighty-eight cents; to Pleasant Macon, one hundred dollars and ten cents; to John Freeman, fifty two dollars; to Green Beauchamp, one hundred and fifty-four dollars; to John S.Greene, thirty-three dollars and five cents; To John Jackson, four hundred and nine dollars and fifty-five cents; to G. C. Minn, fourteen dollars; to Moses Pearson, seventeen dollars and fifty cents; to Joseph P. Clough, thirteen hundred and twenty-five dollars and thirty-four cents; to John Rotts, twenty-five dollars; to John Chaney, eleven dollars.

Approved, Dec. 23, 1836.


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[No. 145.]

AN ACT

To divorce Mary Ann Harrison from her husband William Harrison.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That in accordance with a decree of the circuit court of the county of Conecuh, exercising chancery jurisdiction, pronounced and entered at the fall term of said county, in the year 1836, the bonds of matrimony heretofore solemnised and subsisting between Mary Ann Harrison and William Harrison, be, and the same are hereby dissolved and made void; and that the said Mary Ann Harrison be henceforth divorced from her said husband William Harrison.

Approved, Dec. 23, 1836.

[No. 146.]

AN ACT

To divorce Polly Howell from her husband Mansell Howell.

Section 1.  Be it enacted by the Senate and house of Representatives of the State of Alabama in General Assembly convened, That in accordance with a decree of the circuit court of Tuscaloosa county, exercising chancery jurisdiction, pronounced and entered at the spring term of said court, in the year 1836, the bonds of matrimony heretofore solemnised and subsisting between Polly Howell and Mansell Howell be, and the same are hereby dissolved and made void: and that the said Polly Howell be henceforth divorced from her said husband Mansell Howell.

Approved, Dec. 23, 1836.

[No. 147.]

AN ACT

The better to organise the Circuit Courts of Mobile county, and to regulate the proceedings therein, 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 the causes on the docket of the circuit court of Mobile county, shall be taken up and disposed of in the order in which they stand, without regard to the nature of the actions, whether they be appeals or personal or real actions.

Sec. 2.  And be it further enacted, That from and after the passage of this act, the spring term of the first judicial circuit shall be holden at the times following, to wit; In the county of Conecuh, on the third Monday in March, in each and every year, and continue one week; in Monroe, on the fourth Monday in March, and continue one week; in Clarke, on the first Monday in April, and continue one week; in the county of Washington, on the second Monday in April, and continue one week; in the county of Baldwin, on the third Monday in April, and continue one week; and in the county of Mobile, on the fourth Monday in April, and continue until the whole of business is disposed of.

Sec. 3.  And be it further enacted, That the fall term of the first judicial circuit shall be holden as follows, to wit: In the county of Conecuh, on the first Monday in October; in the county of Monroe, on the second Monday in October; in the county of Clarke, on the third Monday in October; in the county of Washington, on the fourth Monday in October, in the county of Baldwin, on the first


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_________

Monday after the fourth Monday of October: and in the county of Mobile, on the second Monday after the fourth Monday in October.

Sec. 4.  And be it further enacted, That in the county of Mobile; juries shall be drawn for six weeks in the manner now prescribed by law, and if the business of the said courts shall not be disposed of in that time, it shall be the duty of the circuit judge to issue a venire facias, from week to week, so long as the business in the court shall require.

Sec. 5.  And be it further enacted, That the circuit court of Mobile county shall be, and it is hereby invested with the power to fine defaulting jurors in a sum not less than fifty dollars, nor more than two hundred dollars.

Sec. 6.  And be it further enacted, That so much of the act passed on the fifteenth day of January, 1831, as exempts the officers and men composing the City Troop of horse, within the city of Mobile, from serving on juries, be, and the same is hereby repealed:  Provided, This act shall not take effect until the first day of August next.

Approved, Dec. 23, 1836.

[No. 148.]

AN ACT

For the relief of James Trim.

WHEREAS, it is represented by the petition of James Trim that on the night of the 15th of November last, his dwelling house, together with his household furniture and all other property therein was consumed by fire. And whereas, it is further represented by said petition, that said James Trim sustained a loss of four hundred and seventy dollars, by destruction of bank notes of the Bank of the State of Alabama, to that amount, therefore,

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the president and directors of the Bank of the State of Alabama be, and they are hereby authorised to pay to said James Trim, the sum of four hundred and seventy dollars, upon his making proof to their satisfaction of said loss by fire, and that the notes were of the Bank of the State of Alabama.

Approved, Dec. 23, 1836.

[No. 149.]

AN ACT

To attach a part of Benton county to Talladega county, and for other purposes.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the county line of Benton and Talladega, shall commence at a point on the Coosa river, where the sixteenth and fifteenth townships intersect said river, thence east to a road leading from Driver=s Ferry to David Conner=s, thence with said road to Benton and Talladega county line, which shall constitute a part of Talladega county, that the county line of Benton and Cherokee, shall commence at a point on the Coosa river, four miles north of the mouth of Wills= creek, thence east to the Georgia line; which, shall constitute and be a part of Benton county.


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Sec. 2.  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. 150.]

AN ACT

To Incorporate the Alabama Mutual Insurance Company.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That John Scott, James P. Merriwether, George Matthews, Robert Harwell, George Whiteman, Josiah Dyer, C. T. Pollard, Robert H. Goldthwaite, Joseph Fitzpatrick, James Vickers, T. M. Cowles, G. Goldthwaite, John K. Barton, Justus Wyman, Daniel Moseley, jr. Jack Thorington, John Duncan, James M.. Tarlton, Edward Hanrick, Mosely Hooker, B. S. Bibb, William B. S. Gilmer, N. M. Marks, B. D. Hassell, Daniel Sayre, William J. Campbell, S. Catlin, J. Catlin and T. W. Fleming and all the persons who may hereafter become members of said company in the manner herein prescribed, be, and they are hereby incorporated and made a body politic, by the name of the Alabama Mutual Insurance Company, for the purpose of insuring their respective d welling houses, stores, shops and other buildings, household furniture and merchandise against loss or damage by fire, whether the same shall happen by accident, lightning or by any other means, excepting that of design in the assured or by the invasion of an enemy or insurrection of the citizens of this or and of the United States, and by that name may sue and be sued, plead and be impleaded, appear, prosecute and defend in any court of record or other place whatever, may have and use a common seal, may purchase and hold such personal and real estate as may be necessary to effect the object of their association, and the same may sell and convey at pleasure, may make, establish and put in execution such by-laws, ordinances and resolutions not being contrary to the laws of the State, as may seem necessary or convenient for their regulation and government, and for the management of their affairs; and do and execute all such acts and things as may be necessary to carry into full effect the purpose intended by this grant.

Sec. 2.  And be it further enacted, That all and every person and persons who shall at any time become interested in said company by insuring therein and also their respective heirs, executors, administrators and assigns, continuing to be insured therein as hereinafter provided, shall be deemed and taking to be members thereof for and during the terms specified in their respective polices and no longer, and shall at all times be concluded and bound by the provisions of this act.

Sec. 3.  And be it further enacted, That there shall be a meeting of said company at Montgomery in the county of Montgomery, on the first Monday in February annually, on such other day as the said company may hereafter determine, notice of which shall be given by the secretary, or on his failure, by the president or either of the directors, stating time, place and design of said meeting by publication, three weeks successively in at least two newspapers printed within this State, only one of which shall be in the same county, the last of which publication shall be at least ten days previous to the time of holding said meeting ; at which meeting shall be chosen by a major vote of the members present, a board of directors consisting of not more than nine nor less than five members, who shall continue in office until others shall have been chosen and accepted the trust in their stead; all vacancies happening in said board may be filled by the remaining members, until the next annual meeting, and a majority of the whole number shall constitute a quorum for the transaction of business; special meetings of


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the company may be called by order of the directors, or in such other manner as the by-laws thereof may prescribe.

Sec. 4.  And be it further enacted, That the board of directors shall superintend the concerns of said company, and shall have the management of the funds and property thereof and of all matters and things thereto relating, and not otherwise provided for by said company; they shall have power from time to time to appoint a secretary, treasurer and such other officers, agents and assistants, as to them may seem necessary, and prescribe their duties, fix their compensation, take such security from them as they may deem necessary for the faithful performance of their respective duties, and then remove at pleasure; they shall determine the rates of insurance, the sum to be insured on any building, and the sum to be deposited for the insurance thereof; they shall order and direct the making and issuing of all policies of insurance, the providing of books, stationary and other things needful for the office of said company and for carrying on the affairs thereof, and may draw upon the treasurer for the payment of all losses which may have happened, and for expenses incurred in transacting the concerns of said company; they shall elect one of their number to act as president, and may hold their meetings monthly and oftener if necessary, for transacting the business of the company, and shall keep a record of their proceedings and any director disagreeing with the majority of the board of any meeting, may enter his dissent, with his reasons therefore on record.

Sec. 5.  And be it further enacted, That every person who shall become a member of said company by effecting insurance therein, shall before he receives his policy, deposite his promisary note for such sum of money as shall be determined by the directors, apart not exceeding ten per cent of which said note shall be immediately paid for the purpose of discharging the incidental expenses of the institution, and the remainder of said deposit note shall be payable in part, or the whole, at any time when the directors shall deem the same requisite for the payment of losses or other expenses, and at the expiration of the term of insurance, the said note or such part of the same as shall remain unpaid, after deducting all losses and expenses occurring during said term, shall be relinquished and giving up to the signer thereof.

Sec. 6.  And be it further enacted, That every member of said company shall be, and hereby is bound and obliged to pay his portion of all losses and expenses happening or accruing in and to said company, and all buildings insured by and with said company, together with the right, title and interest of the assured, to the lands on which they stand, shall be pledged to said company, and the said company shall have a lien thereon against the assured during the continuance of his, her or their policies:  Provided however, that the company shall cause a certificate of such policy, stating the date, term of years, and lien on said estate, in such form as shall be provided by the directors, to be recorded in the county clerk=s office, in which said land lies, or said lien shall not be construed to effect the right of a subsequent purchaser of said real estate.

Sec. 7.  And be it further enacted, That in case of any loss or damage by fire happening to any member, upon property insured in and with said company, the said member shall give notice thereof, in writing, to the directors, or some one of them, or to the secretary of said company, within thirty days from the time of such loss or damage may have happened, and the directors, upon a view of the same, or in such other way as they may deem proper, shall ascertain and determine the amount of said loss or damage, and if the party suffering is not satisfied with the determination of the directors, the question may be submitted to referees, or the said party may bring an ac-


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tion against said company for loss or damage, at the next court to be holden in and for the county of Montgomery, or in the county which said party may reside in which said loss or damage by fire may have happened, and not afterwards, unless said court shall be holden within sixty days after said determination, but if holden within that time, then at the next court holden in said county, thereafter, and if upon trial of said action, a greater sum shall be recovered than the amount determined upon by the directors, the party suffering shall have judgment therefore against said company, with interest thereon from the time said loss or damage happened, and costs of suit, but if no more shall be recovered than the amount aforesaid, the said party shall become non-suited, and the said company shall recover their costs:  Provided, however, that the judgment last mentioned, shall in no wise affect the claim of said suffering party to the amount of loss or damage, as determined by the directors aforesaid:  And provided also, that execution shall not issue on any judgment against said company until after the expiration of three months

from the rendition thereof.

Sec. 8.  And be it further enacted, That the directors shall after receiving notice of any loss or damage by fire sustained by any member, and ascertaining the same or after the rendition of any judgment as aforesaid against said company, for such loss or damage, settle and determine the sums to be paid by the several members thereof, as their respective portions of such loss, and publish the same in such manner as they shall see fit or as the by-laws shall have prescribed and the same to be paid by each member shall always be in proportion to the original amount of his deposite note or notes, and shall be paid to the treasurer within thirty days next after the publication of said notice; and if any member shall after the space of thirty days after the publication of said notice, neglect or refuse to pay the same assessed upon him, her or them, as his, her or their proportion of any loss as aforesaid, in such case the directors may sue for and recover the whole amount of his, her or their deposite note or notes, with cost of suit, and the money thus collected, shall remain in the treasury of said company, subject to the payment of such losses and expenses as have or may hereafter accrue, and the balance, if any remain, shall be returned to the party from whom it was collected or demanded, after thirty days from the expiration of the term for which insurance was made.

Sec. 9.  And be it further enacted, That if it shall ever so happen that the whole amount of deposite notes shall be insufficient to pay the loss occasioned by any one fire or fires, in such case, sufferers insured by said company shall receive towards making good their respective losses a proportionate dividend of the whole amount of said notes according to the sums by them respectively insured; and in addition thereto, a sum to be assessed on all the members of said company, not exceeding fifty cents on every hundred dollars, by them respectively insured; and the said members shall never be required to pay for any loss occasioned by fire at any one time more than fifty cents on each hundred dollars insured in said company, in addition to the amount of his deposite note, nor more than that amount for any such loss, after his said note shall have been paid in and expended, but any member upon payment of the whole of his deposite note and surrendering the policy, before any subsequent loss or expense has occurred, may be discharged from said company.

Sec. 10.  And be it further enacted, That the said company make insurance for any term not exceeding ten years, and any policy of insurance, insured by said company, signed by the president and countersigned by the secretary, shall be deemed valid and binding on said company in all cases


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where the assured has a title in fee simple, unincumbered to the building or buildings insured, and to the land covered by the same; but if the assured have a less estate therein, or if the premises be incumbered, the policy shall be void unless of the true title to the assured and the incumberances on the premises be expressed therein, and in the application therefore.

Sec. 11.  And be it further enacted, That the directors shall settle and pay all losses within three months after they shall have been notified as aforesaid, but no allowance is to be made in estimating damages in any case for gilding historical or landscape painting, stucco or carved work.

Sec. 12.  And be it further enacted, That when any house or other building shall be alienated by sale or otherwise, the policy shall thereupon be void, and be surrendered to the directors of said company to be cancelled and upon such surrender, the assured shall be entitled to receive his, her or their deposite note upon the payment of his, her or their proportion of all losses or expenses that have accrued, prior to such surrender:  Provided, however, that the grantee or alinee, having the policy assigned to him have the same ratified and confirmed to him, her or them for his, her or their own proper use and benefit, upon application to the directors, and with the consent, within thirty days next after such alienation, on giving proper security to the satisfaction of said directors for such portion of the deposite or premium note as shall remain unpaid and by such ratification and confirmation the party causing the same shall be entitled to all the rights and privileges, and subject to all the liabilities to which the original party insured was entitled and subjected under this act.

Sec. 13.  And be it further enacted, That if any alteration should be made in any house or building by the proportion thereof, after insurance has been made thereon with said company, whereby it may be exposed to greater risk or hazzard from fire than it was at the time it was insured, then in every such case, the insurance made upon such house or building shall be void unless an additional premium and deposite, after such alteration, be settled with and paid to the directors; but no alteration or repairs in buildings not increasing such risk or hazzard, shall in any wise affect insurance previously made thereon.

Sec. 14.  And be it further enacted, That in case any building or buildings situated upon least lands and insured by the said company, be destroyed by fire, in such case the directors may retain the amount of the premium note given for insurance thereof, until the time for which insurance was made shall have expired; and at the expiration thereof the assured shall have the right to demand and receive such part of said reclaimed sum or sums as has not been expended in losses and assignments.

Sec. 15.  And be it further enacted, That if insurance on any house or building shall be, and subsist in said company, and in any other office, or from and by any other person or persons at the same time the insurance made in and by the said company shall be deemed void, unless such double insurance subsist with the consent of the directors, signified by endorsement on the back of the policy, signed by the president and secretary.

Sec. 16.  And be it further enacted, That the said G. Goldthwaite, C. T. Pollard, George Whiteman and William J. Campbell, or either two of them, may call the first meeting of the members of said company at any suitable time and place in Montgomery aforesaid, by advertisement in either of the newspapers printed in said town, giving at least ten days notice of the time, place and design of said meeting, for the purpose of choosing the first board of directors of making and establishing by-laws for transacting any business necessary and proper to carry into effect the provisions and intentions


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of this act:  Provided however, that no policy shall be issued by said company until application shall be made for insurance on fifty thousand at least.

Sec. 17.  And be it further enacted, That after the expiration of the full term of twenty years from and after the passage thereof, the legislature shall have authority to alter or repeal this act, if they consider the public good requires it.

Sec. 18.  And be it further enacted, That each and every one of the directors of said company shall before he enters upon the duties of his office, give bond to the treasurer of this State, in the sum of five thousand dollars with good and sufficient security or securities to the satisfaction of the said treasurer, conditioned for the faithful discharge of the duties of his office agreeably to the regulations, requirements and restrictions of this act, and on the complaint of any person who has been injured by the misconduct of any director, it shall be the duty of such treasurer, to cause said bond to be put to suit, on receiving security to indemnify the State against cost, and to certify to the court who is prosecutor in such case, and the said court may on motion of the defendants in said cause, order the prosecutor to find security to indemnify the defendants for their costs, should he fail to prosecute or recover thereon; and if the defendants shall plead performance of the conditions of said bond, the prosecutor may reply as many breaches respecting his interest as he shall think fit, and the jury on trial of such issue as shall be put to them, shall assess damages for such breaches as the prosecutor shall prove, and the court shall enter up judgment for the whole penalty of the bond, and issue execution in favor of the prosecutor for such sum as the jury shall have found for damages, and the costs and the judgment shall remain for the benefit of such person or persons as may be sciara facias thereon shew, that they have been injured by any breach of the condition of said board, and if the prosecutor shall fail to recover in such suit, the court shall award costs to the defendants, and thereof issue execution against such prosecutor.

Approved, Dec. 23, 1836.

[No. 151.]

AN ACT

To incorporate the City of Alabama and Montgomery Rail Road Company.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That William Bayard and his associates are hereby constituted a body corporate and politic under the name and style of the City of Alabama and Montgomery Rail Road Company, they and their executors, administrators or assigns, shall be known in law and have power to sue and be sued, plead and be impleaded, defend and be defended, in all courts of law and equity, and by their name aforesaid, shall be capable of purchasing or of otherwise taking, receiving and holding, selling, transferring and conveying real and personal property, so far as the same may be necessary for the construction, repair and maintaining of a rail road, to be located as hereinafter set forth, with one or two tracts as may hereafter at any time be determined, and of granting, giving and receiving mortgages of and for the same, borrowing money, contracting for and using engines, horses, cars, wagons and other vehicles and vessels for the transportation of persons, goods, wares and produce of all descriptions, and of engaging and employing engines, artificers and laborers, officers, agents and servants, as the said corporation may deem necessary or useful, and generally of entering into, and executing, and by law enforcing the performance of any and all contracts done by said company, to be necessary and proper to the full execution and enjoyment of the objects of the said corporation; they shall have and enjoy perpetual succession and


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may have and use a common seal, and may alter and renew the same at pleasure; they shall have power to ordain and execute such by-laws, rules and regulations not at variance with the laws of the United States or of the State of Alabama as may be deemed necessary and expedient for the government of said company, and the same to alter or amend at pleasure.

Sec. 2.  And be it further enacted, That the said company shall have and enjoy the privilege, right and power to survey, locate, establish and construct a rail road from the town of Montgomery to the new city on the Bay of Mobile, on such route as may be deemed most expedient.

Sec. 3.  And be it further enacted, That whenever the sum of five hundred thousand dollars shall have been subscribed to the capital stock of said company, the subscribers to said stock, shall in person or by proxy, proceed to elect a president and seven directors, for the well ordering of the affairs of the said company, a majority of the stockholders being represented in such election, and each share to be entitled to one vote; the said president and directors shall hold their office until the next annual meeting of the stockholders and until successors in office shall be appointed, subject to the provisions hereinafter mentioned, a general meeting of the stockholders shall be called annually, at which time the president and directors shall take place, to be regulated by the rules and by-laws of the company.

Sec. 4.  And be it further enacted, That if any stockholder shall fail to pay any installment required of him by the president and directors of said company within one month after a call for said installment shall have been made by public notice given in any newspaper published in the county of Baldwin or city of Mobile, it shall and may be lawful for the president and directors of said company, or a majority of them, to sell at public auction and convey to the purchaser a certificate of said stock, and all monies or all payments previously made on said stock, shall be forfeited, and the stock revert to said company:  Provided however, that thirty days public notice be given previous to the sale of said forfeited stock.

Sec. 5.  And be it further enacted, That the said president and directors, their officers and agents, shall have full power and authority to enter upon any lands through which they may deem it necessary to make the said rail road, and to lay out the same according to their pleasure:  Provided, that no dwelling house be removed without the consent of the proprietors thereof, and in case the officers or agents of said company and the proprietors of any land or lands, through which the said rail road may be located, cannot agree as to the terms upon which the construction of said rail road shall be allowed through the said land or lands, it shall be lawful for the president and directors aforesaid, to apply to the court of the county in which the land or any part thereof lies, and upon such application, it shall be the duty of the court to appoint five discreet and disinterested free-holders to assess the damages which will result to said lands, if any, from opening said rail road through the same, no such appointment shall however be made unless ten days previous notice shall have been given to the owners of the land or to the guardians, if the owners be an infant or non-compos mentis: if such owners or guardians can be found within the county, or if he cannot be found until notice of the application shall have been published at least one month, in some public newspaper; a day for the meeting of the said freeholders shall be designated in the order appointing them, and any one or more attending that day may adjourn from day to day until the duties assigned shall have been finished, but said, adjournment shall not be prolonged beyond thirty days, and any two or more shall be qualified to act after having been duly sworn before a justice of the peace, that they will impartially and justly to the


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best of their abilities, ascertain the damages if any, which will be sustained by the proprietor of the land from opening the rail road through the same; the report of the freeholders, as made, together with the certificate of qualification before the magistrate aforesaid, shall be forthwith returned by them to the court of said county, and unless good cause be shown against the report, it shall be affirmed by the court and entered upon record, but if the report should be disaffirmed, or the said freeholders being unable to agree, should report their disagreement, or if from any other cause, they should fail to make a report within a reasonable time after their appointment, the court at its discretion, may as often as may be necessary, supercede them or any of them to appoint others in their stead and direct another view and report to be made in the manner presented above affirmance of such report and of payments or tender of payment of such damages into court, the court shall authorise the president and directors to open and lay out said rail road upon the ground viewed and assessed as in all other cases pending before the courts and upon like terms.

Sec. 6.  And be it further enacted, That the said company may transport passengers or produce upon the said rail road or any part thereof, upon the following terms: eight cents per mile for passengers, and on freight fifty cents per hundred, on each hundred mile, and the company are hereby authorised to erect suitable warehouses and all other buildings they may conceive necessary, at such place or places on the said road as they may conceive essential for the interest of said company.

Sec. 7.  And be it further enacted, That if the said rail road company shall not begin the work in one year from the passage of this act, or shall not complete the same within six years, then the interest of said company in this charter so far as respects the unfinished part of said road, shall be forfeited and cease.

Sec. 8.  And be it further enacted, That if any person shall willfully, by any means whatever, injure, impair or destroy any part of any rail road constructed under this act, or of any of their necessary works, buildings, machines, wagons, vehicles or other property, such person or persons shall be punished according to the laws which may be in force in this State at the time, for the protection of the public works of the State, or for the protection of any other rail roads and its appendages, and shall be liable for the amount of all damages which the said company may thereby sustain.

Sec. 9.  And be it further enacted, That it shall not be lawful for any other company or persons whatever to travel upon or on the road of said company, or to transport persons or property of any discription on said road, without the license or permission of the president and directors of said company; and nothing herein contained shall be so construed to prevent said company from making contracts for the transportation of the mail upon such terms as may be agreed upon between said company and the agents of the United States:  Provided, that nothing herein contained shall be so construed so as to authorise the construction of said road within the county of Montgomery, without the consent of two thirds of the stockholders in value of the Montgomery Rail Road Company, being first had and obtained.

Approved, Dec. 23, 1836.

[No. 152.]

AN ACT

To compensate the Commissioners of Roads and Revenues of the county of Henry.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened,


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That from and after the passage of this act, it shall be lawful for the commissioners of roads and revenues of the county of Henry to receive each one dollar and fifty cents, for each day=s attendance at the commissioners=s court, as commissioners aforesaid, and five cents for each mile when traveling to and from the same, to be paid out of any moneys in the hands of the county treasurer for county purposes, not otherwise appropriated; and the certificate of the clerk of the county court of said county shall authorise the county treasurer to pay out the amount certified to be due, any law to the contrary notwithstanding.

Approved Dec. 23, 1836.

[No. 153.]

AN ACT

For the relief of John Heard, Tax Collector of Walker county.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That John Heard, tax collector of Walker county, have until the first day of March, 1837, to finish collecting, and to pay over the taxes of said county:  Provided, that judge of the county court and commissioners of roads and revenues, do agree to the same.

Approved, Dec. 23, 1836.

[No. 154.]

AN ACT

To amend an act to incorporate the town of Decatur, approved 11th January, 1834.

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 corporate limits of the town of Decatur, in Morgan county, be, and they are hereby extended so as to include the lots on the east of said town or East Decatur, any law to the contrary notwithstanding.

Approved, Dec. 23, 1836.

[No. 155.]

AN ACT

To compensate Joshua K. Roberts and others, for services therein mentioned.

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 five dollars be appropriated to compensate Joshua K. Roberts for services rendered in pursuing and apprehending one Allen T. Goodwin, charged with horse stealing, who was convicted and punished at a circuit court held for the county of Jefferson, in October last; and also the sum of twenty dollars be allowed to Charles Duffey, and the like amount to William L. Cox, for assisting in apprehending said fugitive, and that the comptroller be authorised to issue his warrant for the same.

Approved, Dec. 23, 1836.

[No. 156.]

AN ACT

For the benefit of Peter Robinson.

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 dwelling house of Peter Robinson shall be in the county of Dallas, and the line dividing Dallas from Lowndes county, shall run in such direction as to


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allow one half acre of land to be in the county of Dallas, laid off around the house of said Robinson, and an equal quantity of land shall be laid off upon the most eastern limit of said Robinson and in the present limits of Dallas county, and attached to the county of Lowndes.

Sec. 2.  And be it further enacted, That the lines including the lands mentioned in the first section of this act, shall be run and marked by the surveyor of the county of Dallas, and a plat thereof made and filed in the office of the clerk of the county court of said county, and all expenses incurred by carrying this act into effect, shall be paid by the said Peter Robinson.

Approved, Dec. 23, 1836.