[No. 157.]

AN ACT

To incorporate the Uniontown and Cahawba Turnpike and Track Road Company.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That Joseph Babcock, Uriah G. Mitchell, William Adair, David Harding, Robert H. Porter, John Fitts, and their associates, are hereby created a corporation and body politic, by the name and style of the Uniontown and Cahawba Turnpike and Track Road Company, and by that name shall be able in law to have, purchase, receive, possess, enjoy and release, to themselves and their successors, lands tenements, goods, chattels and effects of whatever kind, nature or quality, to any amount not exceeding five hundred thousand dollars, including the capital stock of said company, and the same to dispose of in any manner they may think proper, to sue and be sued, plead and be impleaded, answer and be answered, defend and be defended, in all courts of competent jurisdiction, and also to make, have and use a common seal, and the same to alter and renew at pleasure; and also to make such by-laws, ordinances and resolutions as they shall deem necessary and proper, for the good government of said corporation, not being contrary to the constitutional laws of the State of Alabama; and generally, to do and execute all and singular, such acts, matters and things which to them, as a body corporate, it shall or may appertain to do, for the promotion of the interest of said company.

Sec. 2.  And be it further enacted, That the said Joseph Babcock, Uriah G. Mitchell, William Adair, David Harding, Robert H. Porter, John Fitts, and their associates, be, and they are hereby authorised to open and turnpike a road to commence at the town of Cahawba, in the county of Dallas, and running near Henry Adams' the best and most direct route, crossing Bogue Chitto creek at the most convenient point to Uniontown, in the county of Perry.

Sec. 3.  And be it further enacted, That the aforesaid turnpike road shall be opened of sufficient width, and cleared of every obstruction that is practicable to be removed, and all sloping ground and banks of water courses, shall be so worked on as to admit the easy and safe passage of all kinds of carriages, and all marshes and swamps shall be causewayed of good and durable materials, the road


128

to be cleared at least thirty feet wide, twenty of which shall be grubbed and all stumps removed, and every other obstruction, and all causeways shall be at least twelve feet wide, elevated above high water and made smooth by throwing dirt upon and making them firm, the water courses on all to be bridged and kept at all times in good repair.

Sec. 4.  And be it further enacted, That said company shall have full and ample power, when they deem proper, to make a track road on said turnpike, by laying suitable timbers or other solid materials, so that loaded wagons can travel all seasons of the year without obstruction.

Sec. 5.  And be it further enacted, That when one half of the distance of said turnpike road shall be completed, commencing at Cahawba, a turnpike gate may be established at or near Henry Adams' on said turnpike road, so as not to interfere with the traveling on the present roads passing that place, and they shall he entitled to receive the following toll, to wit: coming to Cahawba, for a loaded wagon and team, one dollar; for each pleasure carriage, fifty cents; for each two wheeled carriage, twenty-five cents; for each man and horse, twelve and a half cents; for each footman, six and a fourth cents; for each head of cattle, hogs or stock of any kind, one cent; going from Cahawba, for each wagon and team, fifty cents; and when the road is completed to Uniontown, another gate shall be established at William Adair's and shall receive the same toll as the gate at Henry Adams'.

Sec. 6.  And be it further enacted, That before any toll shall be received, the judge of the county court, and the commissioners of roads and revenues, of the county of Dallas, shall appoint two respectable citizens, of the county of Dallas, commissioners, who shall examine the road, and report that it has been completed according to law, which report shall be filed in the clerk's office of the county court of Dallas county, and when said road shall get out of order, the gate or gates shall be thrown open until it is again in good order.

Approved, Dec. 23, 1836.

[No. 158.]

AN ACT

To attach Cherokee county to the Eighth Division of the Militia 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 Cherokee county be, and the same is hereby attached to the eighth division of the militia of this State, any law to the contrary notwithstanding.

Approved, Dec. 23, 1836.

[No. 159.]

AN ACT

To incorporate the Montgomery County Insurance Company.

Section 1.  Be it enacted b the Senate and House of Representatives of the State of Alabama in General Assembly convened, That John Goldthwaite, Justice Wyman, John Scott, Robert, Harwell, George J. Forrest, R. T. Nott, and such others as they may associate with them for that purpose, are hereby created a body politic and corporate, by the name and style of the Montgomery Coun-


129

ty Insurance Company, and by that name and style shall be capable of suing and being sued in any court of law and equity in this State, of purchasing, holding, improving and conveying property, real, personal or mixed, to make, have and use a common seal, and the same to change and renew at pleasure; and generally, to do every act or thing necessary to carry into effect this act, or to promote the object and design of this corporation, which may not be inconsistent with the constitution and laws of this State or of the United States.

Sec. 2.  And be it further enacted, That the capital stock of this corporation shall be two hundred and fifty thousand dollars, to be divided into five thousand shares of fifty dollars each, the same to be paid in the manner following: five dollars on each share at the time of subscription, and five dollars on each share within thirty days after the organization of the company, and the residue in such a manner as the president and directors hereinafter increased from time to time, at the discretion of the president and directors, to five hundred thousand dollars, in such manner as they may think proper, and it may be lawful for any person to subscribe for and hold stock in said corporation, and vote thereon, which stock shall be deemed and held as personal stock, and if any stockholder shall refuse or neglect to make the payment as required, he or she shall cease to be a stockholder in said corporation, and his or her shares may, at the discretion of the president and directors, be forfeited, and the same may be sold by the corporation in any manner it may think proper.

Sec. 3.  And be it further enacted, That books of subscription shall be opened at such times and places as the aforementioned persons, or a majority of them, shall direct:  Provided, twenty days previous notice be given of the time and place, and persons under whose direction the said books subscriptions shall be opened; and the said persons, or a majority of them, shall apportion the stock among the subscribers, in the event that a larger number shall be subscribed for than is herein allowed, by striking off the largest subscriptions; and the said persons, as soon as may be after the books of subscription shall be closed, shall call a meeting of the stockholders for the election of a president and eight directors of the said company, and the said president and directors shall hold their offices for twelve months, unless otherwise ordered by a resolution of the stockholders, who shall appoint the times and places of such elections; should there be a failure at any time to elect a president and directors, the corporation shall not be dissolved, but the president and directors shall hold their offices till a new election; and the president and directors shall have the full power to appoint all officers and agents of said company, to fix their compensation, prescribe their duties, define their powers, provide for taking bonds from them for the security of the corporation for the faithful performance of their duty; they shall also have the power to fill any vacancies that may occur in their own body by the death, resignation or disqualification of any member.


130

Sec. 4.  And be it further enacted, That the president and directors shall have the power to receive endorsements of personal or mixed property, for a term of years in trust, to grant annuities, to contract for versionary payments, to receive from any free person deposite or deposites in trust, to make all such contracts in which the casualties of life and interest of money are involved, to provide for the investment of the funds of the company in stocks, mortgages other than bills of exchange or promissory notes, in such a manner as they shall deem most safe and beneficial; they shall have the power to fix the places and mode of transfer of certificates of stock, and payment of interest; and generally, to pass all such by-laws as may be necessary to carry this law into effect, not contrary to the constitution and laws of the United States or of the State of Alabama; to make perfect and execute so many contracts, bargains and agreements, as they shall find necessary, or as the nature of shall or may require:  Provided, That nothing in this act shall be so construed to authorise the said company to issue and put in circulation, any negotiable note or notes payable to bearer, or notes in the nature of bank notes or to authorise them to make any contract which by the existing laws amounts to usury, or to guarantee, in any manner whatever, the payment of any chosen in action.

Sec. 5.  And be it further enacted, That the president and directors aforesaid, shall have, the power to make insurances against all losses by, fire, and to take marine and river risks:  Provided, That this corporation shall in every instance be liable to the whole amount of property, of whatever name and description they may own; and that the stockholders in this corporation shall be liable to the whole amount of their individual stock:  And provided further, That the real estate of the corporation shall not exceed fifty thousand dollars.

Sec. 6.  And be it further enacted, That all contracts and other instruments in writing, not under seal by said president and directors, shall be good and valid in law and equity.

Sec. 7.  And be it further enacted, That no stockholder, indebted to said corporation, shall be permitted to transfer his or her stock until the debts due by him or her, to said corporation, shall be paid; but no stockholder shall be liable for any debts, contracts or engagements of said corporation, except to the extent of his or her capital stock, but that the money, rights and credits, and other property of the corporation, shall be liable for the same.

Sec. 8.  And be it further enacted, That in order to afford security for the endowments of trust and other contracts, made with this corporation, the president and directors shall invest at least one half of their capital stock in the public securities in this State, the United States in real estate, or such other securities as shall be approved of by the president and directors of the Branch of the Bank of the State of Alabama at Montgomery; and it shall be the duty of the president and directors to declare such dividends of the profits of the said corporation, as in their discretion they may think proper; and at the same time to send to the president and directors of the Bank of the State of Alabama a fair statement of all their transactions,


131

and the judges exercising chancery powers in this State, shall have full power, when the interest of the depositors shall require it, to order a full and fair investigation of its affairs, and if, in the course of the investigation, it should be made manifest that the interest of them concerned require it, it shall be the duty of the chancellor to demand from the president and directors such security as shall secure the interest of the depositors, and in case of failure, the judge in chancery shall demand a surrender of the effects of the corporation, and his charter shall become forfeited.

Sec. 9.  And be it further enacted, That no person shall be a president or director in said corporation, unless he shall be a stockholder to the extent of fifty shares at least, and the seat of any director shall be vacated unless he continues to hold the same for and during the time for which he was elected; and the chancellor or judge charged with the exercise of chancery powers, shall have the right to remove said directors, or any of them, for the same cause as other directors are removed.

Sec. 10.  And be it further enacted, That this act shall be in force for twenty years from its passage.

Approved, Dec. 23, 1836.

[No. 160.]

AN ACT

To authorise the commanding Officers of the Seventh Regiment of Alabama Militia to form a company beat with a less number of privates than forty, in the county of Tuscaloosa.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That from and after the passage of this act, Colonel Richard Jones and Lieutenant Colonel Dennis Cook, be, and they are hereby authorised and required to form a company beat in the north east corner of Tuscaloosa county, known as Mud Creek Settlement; and the company so formed shall be so officered in the like manner as other company beats are in this State.

Sec. 2.  And be it further enacted, That a company beat in Pike county be established, of the following limits, to wit: beginning on the river Connecuh, and running a direct line to the head of Persimmon Branch, so as to include John Car=s possessions in the new beat, running down said beat to Trail Creek, down Trail Creek to the road, thence south along said road to the three notch road, thence directly across said road to the head of Beaver Creek, down said creek to Walnut Creek, down Walnut Creek to Stewart=s Creek, up that creek to its head, thence a direct line to Conecuh River, so as to include Samuel Carlile in the new beat, thence up Conecuh river to the beginning.

Approved, Dec. 23, 1836.

[No. 161.]

AN ACT

For the relief of Martha Griffin.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That Martha M. Griffin, wife of Bennet S. Griffin, is hereby authorised to have, hold, possess and enjoy any property that has been, or may be conveyed to her as feme sole, and that suits may be


132

maintained for or against her, in the same manner as if she were a feme sole; and that she may have the right and privilege of conveying, transferring, selling or buying, any property, real or personal, as fully and as absolutely as if she were a feme sole.

Approved, Dec. 23, 1836.

[No. 162.]

AN ACT

To establish a Female Academy in the town of Tuscumbia.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That an Academy be and the same is hereby established in the town of Tuscumbia, by the name of the Franklin Female Institute.

Sec. 2.  And be it further enacted, That Peter Walker, John Hogan, John Bradly, Charles Cooper, Isaac Winston, Jacob Haigh, Burt Harrington, Clarke T. Barton, Micajah Tarver, Archibald S. Christain, George W. Carroll and N.J. Huston, be and they are hereby constituted a body corporate, by the name and style of the Trustees of the Franklin Female Institution, at Tuscumbia, and by that name shall be capable in law, to receive all donations and recover all debts which may become the property of said Academy, and to do and perform all such acts as may be necessary and proper for the benefit of said Institution, and in general to possess such powers and exercise such rights as are usually incident to bodies corporate.

Sec. 3.  And be it further enacted, That the first meeting of said Trustees, shall be held on the first Monday of January, 1837, at such place in the town of Tuscumbia, as two of their body, herein before first named, shall designate, of which they shall give at least five days previous notice, by advertisement or otherwise, to the other members of their body, at which meeting they shall proceed to elect from among themselves a President and Vice President, to serve for the period of one year and until their successors are elected:  Provided however, that five members of said board, shall in all cases, be necessary to constitute a quorum, to do business; and in the event that number should not attend the first meeting hereby appointed, and in that event, that then any three members of said board, may call a meeting, by giving three days notice of the time and place of such meeting, The President, or in his absence, the Vice President shall preside over the board, and in the absence of both, then any member chosen by a majority of those present, shall preside pro tem.

Sec. 4.  And be it further enacted, That said board of Trustees shall have power and authority, and the same is hereby granted to them, to select some convenient situation in the town of Tuscumbia, upon which to fix and locate said Academy, and to contract for the same, by purchase, lease, rent or otherwise, as to them may seem best, and from time to time, to change such location as in their opinion the interest of the institution may require; that they shall have power to engage a President and other professors, and all other officers and persons necessary for carrying on and conducting the civil and literary concerns of the institution, and to displace and suspend them at pleasure; they shall also have power and authority at any

132

maintained for or against her, in the same manner as if she were a feme sole; and that she may have the right and privilege of conveying, transferring, selling or buying, any property, real or personal, as fully and as absolutely as if she were a feme sole.

Approved, Dec. 23, 1836.

[No. 162.]

AN ACT

To establish a Female Academy in the town of Tuscumbia.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That an Academy be and the same is hereby established in the town of Tuscumbia, by the name of the Franklin Female Institute.

Sec. 2.  And be it further enacted, That Peter Walker, John Hogan, John Bradly, Charles Cooper, Isaac Winston, Jacob Haigh, Burt Harrington, Clarke T. Barton, Micajah Tarver, Archibald S. Christain, George W. Carroll and N.J. Huston, be and they are hereby constituted a body corporate, by the name and style of the Trustees of the Franklin Female Institution, at Tuscumbia, and by that name shall be capable in law, to receive all donations and recover all debts which may become the property of said Academy, and to do and perform all such acts as may be necessary and proper for the benefit of said Institution, and in general to possess such powers and exercise such rights as are usually incident to bodies corporate.

Sec. 3.  And be it further enacted, That the first meeting of said Trustees, shall be held on the first Monday of January, 1837, at such place in the town of Tuscumbia, as two of their body, herein before first named, shall designate, of which they shall give at least five days previous notice, by advertisement or otherwise, to the other members of their body, at which meeting they shall proceed to elect from among themselves a President and Vice President, to serve for the period of one year and until their successors are elected:  Provided however, that five members of said board, shall in all cases, be necessary to constitute a quorum, to do business; and in the event that number should not attend the first meeting hereby appointed, and in that event, that then any three members of said board, may call a meeting, by giving three days notice of the time and place of such meeting, The President, or in his absence, the Vice President shall preside over the board, and in the absence of both, then any member chosen by a majority of those present, shall preside pro tem.

Sec. 4.  And be it further enacted, That said board of Trustees shall have power and authority, and the same is hereby granted to them, to select some convenient situation in the town of Tuscumbia, upon which to fix and locate said Academy, and to contract for the same, by purchase, lease, rent or otherwise, as to them may seem best, and from time to time, to change such location as in their opinion the interest of the institution may require; that they shall have power to engage a President and other professors, and all other officers and persons necessary for carrying on and conducting the civil and literary concerns of the institution, and to displace and suspend them at pleasure; they shall also have power and authority at any


133

time they may think proper, to examine the proficiency of the students, and to make all such by-laws, rules and regulations, for the good government of the Academy, as to them may seem expedient.

Sec. 5.  And be it further enacted, That in case of a vacancy, by the death, resignation, refusal to act or removal of any one of said Trustees from the country, the other members of the board, shall have power and authority to fill such vacancy.

Sec. 6.  And be it further enacted, That the lands, lots, buildings and other property belonging to said Academy, or in the possession of said Trustees for the use and purpose thereof, be and the

same is hereby declared to be free from taxation.

Approved, Dec. 23, 1836.

[No. 164.]

AN ACT

To incorporate the Coosa Cavalry in the County of Shelby.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That Captain O.B. Harvis, Lieutenant John Dollar, and Ensign J. Gragg, and their associates and their successors in office, in said volunteer company of the county of Shelby, be and they are hereby incorporated, under the name and style of the Coosa Cavalry, with power to pass such by-laws for the government of said company, as may be deemed necessary.

Sec. 2.  And be it further enacted, That the privates within the fifty-six regiment in said county, shall be authorised to become members of said Coosa Cavalry:  Provided, that no militia company in the fifty-sixth regiment shall be reduced to a less number than forty privates:  And provided further, that said company be required to hold four company musters in each and every year, and perform also all regimental service.

Sec. 3.  And be it further enacted, That Richard Nort, Captain Robert Harwell, Lieutenant, and their associates of the Montgomery True Blues, be and they are hereby incorporated by the name and style of the Montgomery True Blues, with the same privileges and subject to the same restrictions as have heretofore been conferred and imposed upon the Montgomery Guards, of the county of Montgomery.

Approved, Dec 23, 1836.

[No. 165.]

AN ACT

To amend an act entitled an act, authorising certain persons therein named, to clear out and Turnpike a road from Wetumpka falls to Syllacogga.Approved, 9th Jan. 1833.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the proprietors of the turnpike road from the Wetumpka Falls to Syllacogga, from and after the passage of this act, be and they are hereby authorised to erect an additional gate on said road, where they may demand and receive the same rates of toll as are now allowed by the passage of an act, approved 9th January, 1833.

Sec. 2.  And be it further enacted, That before the proprietors of said road be allowed to charge toll at said additional gate, they be required to make good and substantial bridges, well banistered and of the usual width over the following creeks, viz: Corn creek, the


134

two Weekee creeks and Big Swamp creek; be also required to make a safe ferry boat, to be kept on Hatchet creek and by them duly attended to, when high waters require it, subject to the same inspection as the rest of said road.

Sec. 3.  And be it further enacted, That in addition to the present tolls allowed, the proprietors, be permitted to charge three cents for each head of cattle passing either gate.

Sec. 4.  And be it further enacted, That the citizens of Coosa county, be and they are hereby exempt from paying toll at said additional gate, and shall be permitted to pass through free of charges.

Approved, Dec. 23, 1836.

[No. 163.]

AN ACT

To incorporate the Coosa Bridge company.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That a company be and the same is hereby incorporated to construct a toll bridge across the Coosa river, in the land of Howell Rose, on fraction, number five; township, number eighteen; range, number eighteen; the capital stock of which company, shall not exceed $40,000, divided into shares of $100 each:  Provided, that said bridge be placed at least three miles, by water, above the Wetumpka bridge.

Sec. 2.  And be it further enacted, That Francis Gray, Howell Rose, John Duncan, E. W. Gilbert and A.B. Northrop, the projectors of said bridge, their successors and assigns, shall be and they are hereby created a body corporate and politic, by the name and style of the President and Directors of the Coosa Bridge Company, and by that name and style, shall be and are hereby made able and capable in law to sue and be sued, to plead and be impleaded, answer and be answered, defend and be defended, in any suit, action, matter or thing depending in any court of law or equity in this State, and also to make and use a common seal, the same to alter at pleasure, and also to make and sue a common seal, the same to ordinances as they may deem necessary for the government of said company:  Provided, the same be not incompatible with the constitution and laws of this State, or of the United States.

Sec. 3.  And be it further enacted, That the property of said bridge, when built, shall be and the same is hereby vested in said corporation in perpetuity, and shall and may demand and receive on the completion of said bridge, the following rates of toll, to wit: for each four wheeled pleasure carriage, seventy-five cents; for each four wheeled road wagon, seventy-five cents; for each two wheeled pleasure carriage, thirty-seven and a half cents, for each Jersey wagon or carryall, thirty-seven and a half cents, for each cart, twenty-five cents; for each horse and rider, twelve and a half cents; for each horse, mule or foot passenger, six and a fourth cents; for each head of neat cattle, three cents; for each head of goats or hogs, two cents.

Sec. 4.  And be it further enacted, That it shall be the duty of said corporation, to keep said bridge in good repair, when completed, as long as they may think proper to receive toll; they shall be


135

bound for all injuries which may be sustained by any person passing said bridge:  Provided, said injury shall result from negligence of the keeper or for want of proper repairs to said bridge.

Sec. 5.  And be if further enacted, That said bridge shall be so constructed, that it will in no wise obstruct or prevent the navigation of said river.

Sec. 6.  And be it further enacted, That it shall be the duty of the aforesaid corporation, either by themselves or by some other competent person, to lay out a road leading to and from said bridge, which shall be of the first grade, until it intersects with other roads.

Sec. 7.  And be it further enacted, That the county court of Autauga county, shall be and is hereby authorised whenever it may in the opinion of the Judge thereof, be deemed necessary, to appoint suitable commissioners to inspect the situation of said bridge, and if a majority of them shall report the said bridge is not in good order and fit for passage, the court shall have power to suspend the collection of toll, until said bridge shall be put in good repair:  Provided the damage which may occur under the sixth section of this act, shall be made good by said corporation.

Sec. 8.  And be it further enacted, That said bridge shall be commenced within two years from and after the passage of this act, and shall be completed within three years thereafter, otherwise all the privileges and immunities conferred by this act, shall be null and void.

Approved, Dec. 23, 1836.

[No. 167.]

AN ACT

To authorise Samuel Gay to Turnpike a road therein named.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That Samuel Gay, be, and he is hereby authorised to open and turnpike a road to commence at the ferry of the said Gay on the Tennessee river, in the county of Jackson and to pass over the Raccoon mountain, to the foot of said mountain at the place known as the widow Koons, at the eastern foot of said mountain.

Sec. 2.  And be it further enacted, That the aforesaid road shall be opened fifteen feet wide, ten feet of which shall be cleared of every obstruction, stumps and grubs, taken up by the roots or cut level with the ground, sloping ground and banks of water courses shall be so worked on as to admit the easy passage of all kinds of carriages, all marshes and swamps shall be causewayed ten feet wide, with good and durable materials.

Sec. 3.  And be it further enacted, That when the said Samuel Gay shall have completed said road and reported the same to the county court of Jackson county and also to the county court of DeKalb county, it shall be the duty of said judges to appoint three suitable persons, two of whom shall be appointed in the county of Jackson and one in the county of DeKalb, to examine said road and report their opinion to the judge of said counties, and the said commissioners shall receive such compensation for their services as the judge shall deem reasonable to be paid by the said Samuel Gay.

Sec. 4.  And be it further enacted, That should the commissioners to be appointed under the third section of this act, report that the road has been opened and is in good order, then in that case the said Samuel Gay is hereby authorised to erect two gates, one in the county of Jackson and the other


136

in the county of De Kalb, at which gates, he the said Gay or his agent may demand and receive of and from every person passing through said gates the following tolls, to wit: for every pleasure carriage drawn by two or more horses or mules, or wagon drawn by more than two horses, mules or oxen, fifty cents; for every two wheel pleasure carriage, thirty seven and one half cents; for every carryall or other four wheel carriage or wagon drawn by not more than two horses, mules or oxen, twenty five cents; and for every other two wheel carriage or cart, twenty five cents, for every man and horse, twelve and one half cents; for every horse or mule, six and one fourth cents; for every head of cattle, hogs, sheep or goats, one cent; and if any person shall pass around said gates with the intention to evade the payment of toll, he or she, for every offence, shall forfeit and pay to the said Samuel Gay, the sum of ten dollars, to be recovered before any justice of the peace with legal cost for the same.

Sec. 5.  And be it further enacted, That it shall be the duty of the judge of the county court of Jackson county, on application, to appoint three suitable persons, who shall proceed to examine the condition of said road and report the same to said judge, and in case the commissioners shall report the road not to be in good order, he shall direct the gates to be thrown open and no toll shall be received under the penalty of twenty five dollars for each offence, until said road shall be repaired in a good and sufficient manner, and the said Samuel Gay shall commence said turnpike road in twelve months after the passage of this act, and complete the same within two years thereafter, and shall have all the profits arising from the tolls for the term of fifteen years from the time they are authorised to receive tolls on said road.

Approved, Dec. 23, 1836.

[No. 168.]

AN ACT

To revive and amend an act therein named.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That an act entitled an act, to authorise Mace T.P. Brindley to turnpike roads therein named, approved, January 11, 1834, be, and the same is hereby revived, and that said Bridley and his associates, be, and they are hereby allowed three years from the passage of this act, to complete the roads granted to them in the above recited act, or forfeit the charter thereby granted.

Approved, Dec. 23, 1836.

[No. 169.]

AN ACT

To compensate John Starnes of Marshall county for public services.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That there be, and is hereby appropriated the sum of twenty five dollars to John Starnes of Marshall county, out of any monies in the treasury not otherwise appropriated, for his services in organizing the county of Marshall, and that the comptroller of public accounts, be, and he is hereby required to issue his warrant on the treasury for the said sum in favor of the said John Starnes.

Approved, Dec. 23, 1836.

[No. 170.]

AN ACT

For the benefit of Sarah H. Sallis.

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 first day of January, one thousand eight hundred and thirty seven, Sarah H. Sallis, wife of Solomon Sallis, of the county of Tuscaloosa, and


137

State aforesaid, shall be deemed and held and considered to all intents and purposes, a free dealer and as such enabled to carry on business and trade in her own name, and on her own separate and individual responsibility, and further to contract and be contracted with, sue and be sued in her own name, and in general acquire, secure, hold, use and enjoy in her own right and property, real and personal estate, and the same may dispose of either by gift, grant, sale or last will and testament.

Sec. 2.  And be it further enacted, That the enjoyments of the rights and abilities, by this act conferred on the said Sarah H. Sallis, shall be considered as exempting all property acquired by the said Sarah H. from and after the date first aforesaid, for the payment of the debts or contracts of her said husband, as well such as have been heretofore, as may hereafter be contracted, and the same is hereby declared to be exempted from the payment of the debts of the said Solomon Sallis.

Approved, Dec. 23, 1836.

[No. 171.]

AN ACT

For the relief of Isaac Ross.

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 four hundred and eighty three dollars and eighty cents, be allowed out of any money in the treasury not otherwise appropriated, to the payment of two accounts against the State, in favor of Isaac Ross, for provisions furnished the soldiers engaged in defense of the State, in the late Creek war.

Sec. 2.  And be it further enacted, That the comptroller of public accounts be, and he is hereby authorised to issue his warrant for the said sum of money, in favor of Isaac Ross, on any money in the treasury not otherwise appropriated.

Approved, Dec. 23, 1836.

[No. 172.]

AN ACT

To compensate Catlin, Peeples & Co. for provisioning the soldiers in the late Creek Indian war.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the comptroller on public accounts be, and he is hereby authorised to issue his warrant upon the treasurer, out of any money in the treasury not otherwise appropriated, in favor of Catlin, Peeples & Co. for the sum of seven hundred and seventy six dollars.

Approved, Dec. 23, 1836.