[No. 27.]

AN ACT

To provide for the payment of Commissioners of Revenues and Roads in the county of Pickens.

Section 1.  Be it enacted by the Senate and Hose of Representatives of the State of Alabama in General Assembly convened, That hereafter, the commissioners of revenues and roads, in the county of Pickens, shall each receive the sum of two dollars per day, for each and every day they shall attend any court of commissioners of revenues and roads in said county, to be paid out of the treasury of said county, on the certificate of the clerk of the county court of said county, stating the number of days such commissioner shall have attended said commissioners' court, and the sum which he shall be entitled to receive therefore:  Provided, That nothing in this act contained shall render any such commissioner ineligible to any other office of honor or profit in the said county of Pickens.

Approved, Dec. 16, 1836.


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[No. 28.]

AN ACT

For the relief of Theodorus W. Brevard.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That Theodorus W. Brevard be allowed the sum of seven hundred and fifty dollars, to be paid out of any money in the treasury not otherwise appropriated; it being one half the value of a negro man slave by the name of Newton, executed by the sheriff of Montgomery county, on the fifth day of February last past, in pursuance of the sentence of the court, and that the comptroller be authorized to issue his warrant for the same.

Approved, Dec. 17, 1826.

[No. 29.]

AN ACT

For the relief of Thomas J. Couch.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That Thomas J. Couch be allowed the sum of five hundred dollars, to be paid out of any money in the treasury not otherwise appropriated, it being one half the value of a negro man slave by the name of Charles, executed by the sheriff of Madison county, on the 22nd day of July last past, in pursuance of the sentence of the court, and that the comptroller be authorized to issue his warrant for the same.

Approved, Dec. 17, 1836.

[No. 30.]

AN ACT

To refund to Hosae Holcombe late Tax Collector of Jefferson county, a certain sum of money.

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 one hundred and twelve dollars and fifty cents, be, and the same is hereby appropriated to Hosea Holcombe, late tax collector of Jefferson county, being the amount actually expended by said Holcombe in defending certain suits brought against him as tax collector as aforesaid, in the discharge of his official duties.

Sec. 2.  And be it further enacted, That said sum be paid out of any money in the treasury, not otherwise appropriated, upon the order of said Hosea Holcombe.

Approved, Dec. 17, 1836.

[No. 31.]

AN ACT

To establish a new beat in the County of Dallas.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That from and after the passage of this act, that all that part of the county of Dallas, lying in the following bounds, shall constitute a separate and distinct beat, attached to Colonel Barne=s regiment, to wit: beginning at Bower=s ferry on the Alabama river, running thence with Tarver=s ferry old road, to Wilcox county line, thence with said line to Cedar creek, thence with said creek to the Alabama river, thence with said river to Bower=s ferry.

Sec. 2.  And be it further enacted, That it shall be the duty of


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the proper officer, to order an election for all officers necessary in said beat, and the place of mustering shall be designated by vote of the persons compelled to perform militia duty in said beat.

Approved, Dec. 17, 1836.

[No. 32.]

AN ACT

To incorporate the Eagle Rail Road and Lumber Company.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the persons who may become stockholders in the Eagle rail road and lumber company, according to the provisions of this act, shall be, and they are hereby created a corporation and body politic, by the name and style of the president and directors of the Eagle rail road and lumber company, and by that name and style shall be, and they are hereby made able and capable in law to have, purchase, receive, possess, enjoy and realise to them and their successors and assigns, lands, rents, tenaments, hereditaments, goods, chattels and effects of whatever kind, nature or quality, in any amount not exceeding in the whole five hundred thousand dollars, including the capital stock of the said company, and the same to sell, grant, demise, alien, lease or dispose of, to sue and be sued, plead and be impleaded, answer and be answered, defend and be defended, in all courts having competent jurisdiction; and also, to make have and use, a common seal, and the same to break, alter and renew at pleasure, and also to ordain, establish and put in execution, such by-laws, ordinances and resolutions, as they may deem necessary and convenient for the good government of said corporation, not being contrary to the constitution or laws of this State, or of the United States, and generally to do and execute all and singular the acts matters and things, which to them may appertain to do, subject nevertheless to the rules, limitations and provisions hereafter prescribed and declared.

Sec. 2.  And be it further enacted, That William F. Cleaveland, Jacob Baptiste, William Crothers, James Campbell, James F. Roberts, Henderson Kinnev, John F. Everitt, William De Forest, Holley and Sterling Thrower, be, and they are hereby appointed commissioners, any five of whom shall be competent to act and to do all business necessary to be done, by virtue of this act of incorporation; and under the direction of whom subscriptions may be received to the capital stock of said Eagle rail road and lumber company; and they shall from time to time cause books to be opened in the city of Mobile, and at such other places as they may think proper, for the purpose of receiving subscriptions to the capital stock of said company, until not less than one thousand five hundred shares be subscribed; and shall give not less than twenty days notice of the time and place of opening said books, and the subscribers thereto shall pay to the said commissioners, at the time of subscribing the sum of ten dollars on each and every share of stock thus subscribed for.

Sec. 3.  And be it further enacted, That the sock of said corporation shall be divided into shares of one hundred dollars each, transferable by endorsement, and entry thereof in the books of the said company, under such rules and regulations as the president and directors shall establish by their bylaws; and the holder thereof shall be entitled to all the benefits, and subject to all the liabilities of an original stockholder.

Sec. 4.  And be it further enacted, That as soon as one thousand five hundred shares of said capital stock shall have been subscribed, the said


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commissioners empowered to act as aforesaid, shall call a general meeting of the subscribers, at such time and place as they may appoint, and shall give at least thirty days public notice thereof; and at such meeting, the said commissioners shall lay the subscription books before the subscribers then and there present; and thereupon, the said subscribers, or a majority of them in value, then and there present, personally or by proxy, shall elect thirteen directors, to manage the affairs of the said company, who shall be the owners of at least twenty shares each; and the directors thus chosen shall, at their first meeting, elect from among themselves a president of said company, and in said election, and on all other occasions whenever a vote of stockholders of said company shall be necessary to be taken, each stockholder shall be allowed one vote, to be given personally or by proxy, for every share owned by him or her; and the said president and directors, elected under this section, shall hold their offices until the first Monday in January thereafter, and until their successors shall be duly elected and qualified.

Sec. 5.  And be it further enacted, That the president and directors of said company, shall thereafter be elected annually, on the first Monday in January, in the city of Mobile, in the manner prescribed in the foregoing sections; and if any vacancy shall occur by death, resignation, or refusal to act, of any president or director, before the expiration of the time for which they were elected, such vacancy shall be filled, for the balance of such time, by the president and directors in office, or a majority of them; and the said president and directors shall hold and exercise their office until their successors are chosen and qualified; and all elections which are by this act, or by the by-laws of said company, to be made on a certain day; or at a particular time, if not made on such day, or at such time, may be made within thirty days thereafter.

Sec. 6.  And be it further enacted, That every president or director of said company, before he acts as such, shall swear, (or affirm, as the case may be) that he will well and truly discharge the duties of said office, to the best of his skill and judgment.

Sec. 7.  And be it further enacted, That the president and directors, of the said company, after they shall have been organised, may as often as they shall deem it for the welfare of the corporation, on giving thirty days notice thereof, proceed to open books for further subscriptions of stock at such place as they may think fit; and they may, at their, discretion, continue to receive subscriptions for capital stock, until the amount taken, be equal to four thousand shares, when no further subscription for stock shall be received, unless the same shall be authorised by a majority of the stockholders in amount, at some called meeting; and the amount of such increase to the capital stock, shall be by them particularly designated.

Sec. 8.  And be it further enacted, That the president and directors of said company, shall have power to borrow money, contract debts and be contracted with, upon the credit of the stock of the said company, and to issue certificates, or other evidences of such loans, and to provide for the payment of interest on the same, and to pledge the personal and real estate of said company; for the payment of its debts and bank; and they shall have power to require, payment of the stock subscribers in such instalments as they may deem for the interest of the said company; and if any subscriber of stock in said company, shall fail to pay his installment, as required by the said president and directors they the said president and directors shall, have power to declare such shares forfeited to the company, and after giving thirty days public notice to offer them for sale, at public auction, for ready mo-


43

ney, or so much as will be sufficient to pay the amount due and called in; and a sale thus made, shall vest the purchaser with all the; rights of the original holder, but shall not release such holder from the payment of any balance that may be due on his subscription, should the stock sold produce less than the whole amount subscribed therefore; and should the money called in be paid before a sale actually takes place, together with the cost incurred preparatory to the said sale, it shall restore the stock to the original holder, notwithstanding the forfeiture; and the stock of the said company shall be deemed and considered in law as personal property.

Sec. 9.  And be it further enacted, That on the first Monday of May, in every year, it shall be the duty of the said president and directors, or of those then in office, to exhibit a clear and distinct statement of the affairs of the company, for the information of the stockholders, and each and every one of them, personally or by proxy, is hereby fully authorised and empowered to inspect, and thoroughly examine the same.

Sec. 10.  And be it further enacted, That the said president and directors shall have the power to call meetings of the stockholders, at any time, stating in the call the business to be done; and no other shall be transacted such called meeting; and a majority of the stockholders in value of stock, may also themselves, or by their proxies, at any time, call meetings of the said stockholders, on giving thirty days public notice thereof, and at such called meeting, a majority of the stockholders in value, shall have power to remove any president, or any of the directors, and elect others in their stead.

Sec. 11.  And be it further enacted, That the president and directors, or a majority of them, may appoint all such officers, engineers, agents or servants whatsoever, as they may deem necessary for the transaction of the business of said company, and may remove any of them at their pleasure, and a majority of them, shall have power to establish the compensation of the president for his services, and to determine by contract, the compensation for all engineers, officers, and servants, in the employ of said company.

Sec. 12.  And be it further enacted, That the said president and directors, and their successors in office, shall be, and they are hereby invested with all the rights and powers necessary to the construction, establishment and repair of a railroad, with one or more sets of tracks, or rails, from any part of the city of Mobile, as may be judged by the said president and directors most advisable and expedient, to any point on the Mississippi State line, in the county of Mobile, that may be selected or determined upon by said company; also, at any point or points on the line of said railroad, when the same shall have been located and established, within the limits of the State of Alabama, to construct, erect, establish, preserve and keep in repair, such places of depot, and other proper and necessary building and edifices, bulk heads, break waters and wharves, as may be necessary and convenient for the business of said corporation , and as the said president and directors, and their successors in office, may at any time, and from time to time, deem and judge necessary, proper and expedient, for the convenience, protection and security of the business of the said railroad, in loading and unloading of cars, and in loading and discharging of ships and vessels in Mobile bay or river, and of such vessels or crafts as may be desirous of loading or discharging, at or near the end of said railroad, in the city of Mobile, or its vicinity.

Sec. 13.  And be it further enacted, That the said president and directors shall be authorized to contract for and, receive conveyances of any land, stone, gravel, timber or other materials, necessary for the use and construction of the said rail road, and when the owner and the said president and direc-


44

tors cannot agree, or the owner thereof be an infant, non-resident or non compos mentis, where the owner of such land is unknown to the said president and directors, then and in either and every such case, it shall be lawful for the said president and directors to apply to the judge of the county court of Mobile county, and on such application, it shall be the duty of the said judges forthwith to issue a warrant under his hand and seal, directed to the sheriff of said county commanding him to summons the owner of such lands or materials, if to be found in said county, and if not to be found in said county or is unknown, or the said lands are public lands, then to cause the said summons to be published in the newspapers printed in the city of Mobile, for thirty days previously to the return thereof; which publication thereof, as aforesaid, shall be deemed and taken as equivalent to a personal service thereof; and also to summon a jury of twelve disinterested freeholders, to appear before him, at the court house of said county, at a time not exceeding ten days from the issuance of said precept, whose duty it shall be to assess the value of the land or materials required; and in the case of lands, they shall in the same assessment, assess the damages that the owner thereof may sustain by reason of the land being so taken for the use of the said road, and in all assessments of value and damages, under this act, the jury shall take into consideration the advantages the defendant or defendants may derive from said road, and render their verdict accordingly; and it shall be the duty of the judge before whom the assessment is so made to make a record thereof and return the same to the clerk of the circuit court for said county, and the said clerk shall enter the same as a case, on the trial docket of said court at the next term succeeding the return thereof, and on motion, if no objection is made, the same shall be affirmed and judgment thereof, be entered as in other cases, and if said motion be resisted, and sufficient cause in law be shewn for setting aside said assessment, then judgment thereof, shall be entered and the court shall forthwith order an issue to be made, between the parties to try the same matter, and the parties shall proceed thereon de novo, and at the same term of the court, unless sufficient cause be shewn by either party, for the continuance thereof, and that the judgment of the circuit court when for the complainant shall be that the land in question, or the materials, as the case may be, is condemned to the use of the president and directors of the said rail road company, and that the said company shall pay to the defendant such sum, together with costs as may be found by the jury to be a reasonable and proper compensation, and the same shall become vested in the said company forever; and in all cases of final judgment, the party aggrieved shall have his writ of error as in other cases;  Provided, that the work shall in no ways be delayed by any proceedings had in the premises after the judgment shall return to the clerk of the circuit court, the assessment of the jury by him convened; but the president and directors tendering the sum so assessed to, the owner, or on depositing the amount for the use of the owner or owners with the clerk of the said circuit court, may proceed with the work as upon final judgment in favor of said claim; and in case of tender as aforesaid, and acceptance thereof, such acceptance shall be considered as a release of all errors in the proceedings, and the circuit court shall on suggestion enquire thereof and, give judgment accordingly.

Sec. 14.  And be it further enacted, That the said president and directors after having had the tracts upon which the said rail road is to run, surveyed and selected, may proceed to let the same to contract, and the said road or roads, with all the works, improvements and machinery, for transportation used on said roads, are hereby vested to said company and their successors.


45

Sec. 15.  And be it further enacted, That in case any person shall willfully injure or obstruct, in any degree, the said road or roads, or any of the machinery connected therewith, and necessary for the use thereof, or any of its locomotives or cars or of its appendages and appurtenances, by this act authorised to be constructed, built, erected or established, he shall forfeit and pay to the president and directors of said company, for the use of the said company, three times the amount of all damages which they may sustain, in consequence thereof, to be sued for and recovered in the same manner as provided by law for individuals in like cases, and on complaint made to any magistrate within whose jurisdiction such offence shall be committed, it shall be the duty of such magistrate to bind over the person or persons so offending, with sufficient security for his or their good behavior, for a term not less than one year, and such offenders shall also be subject to indictment, and shall be sentenced on conviction, at the discretion of the court, to be imprisoned for a period not exceeding eighteen months.

Sec. 16.  And be it further enacted, That the said president and directors in surveying or locating the route of said road, shall not have power to remove any dwelling house without the consent of the owner thereof, nor shall they obstruct any highway without the express assent of the duly constituted authorities, having power and authority over the same; but shall provide suitable and convenient ways for crossing said roads, they shall in no way exercise banking privileges, and they shall begin the said rail road within two years from the passage of this act, and complete the same within five years, or forfeit the charter hereby granted.

Sec. 17.  And be it further enacted, That after the completion of the said road, or any part thereof the said president and directors may lay and collect reasonable toll from all persons, goods, merchandise or other commodities transported thereon, and on goods, wares and merchandise, discharged upon their wharves, bulkhead or break water, or upon the ships or vessels of the same, the current rates of wharfage, which shall be charged for similar uses or services at the wharves in the city of Mobile.

Sec. 18.  And be it further enacted, That the said president and directors shall annually or semi-annually declare and make dividends of the profits accruing to the said company after deducting therefrom such sums as they may think sufficient for the current and contingent expenses of the company and they shall divide the same among the proprietors of the stock in proportion to their respective shares.  And provided also, that the said company shall be allowed the right for fifty years, from the commencement of the said rail road and works from the city of Mobile, or its vicinity, to the Mississippi State line: as herein before expressed, of using said rail road and locomotive engines between the places aforesaid.  And provided also, that at the expiration of the said fifty years, the State of Alabama shall be authorized to take the whole of said stock, as the property of the State, upon the payment of the actual value of the stock of said company to the said president and directors, to be by them paid over to the stockholders, in proportion to their respective shares.

Sec. 19.  And be it further enacted, That the said Eagle Rail Road and Lumber Company, are hereby authorized to receive and enjoy such powers and privileges as may be granted or conferred upon it by the State of Mississippi, the same to be exercised exclusively in that State, with the view, and to the end, that the said rail road be extended into, and within the limits of the said State of Mississippi.


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[No. 33.]

AN ACT

To incorporate the Mobile and New Orleans Railroad Company.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That Benjamin Vincent, Edward Harding, William H. Chase, Abner S. Lipscomb, Joseph Swiler, J. B. Earle, Henry Center, and their associates and successors, be, and they are hereby constituted and made a body politic and corporate, under the name of the Mobile and New Orleans Railroad Company, and by that name shall have power to contract and he contracted with, to sue and be sued, to plead and be impleaded, to answer and be answered, in suits in all courts having competent jurisdiction, and may have and use: a common seal, and the same to break, alter and renew, at pleasure, and shall be vested with all powers and privileges necessary to the object of their incorporation, as hereafter defined and limited.

Sec. 2.  And be it further enacted, That the said company shall have power to construct a railroad, with as many ways as they may deem proper, from the city of Mobile to Vincent's harbor in Grand Bay, and to place on the same all machines, locomotives, vehicles, cars or carriages, of any description whatever, which they may deem necessary, or proper for the transportation, on the said road, of goods, produce, merchandize, or other property, and passengers, at such rates as the company shall think proper to fix.

Sec. 3.  And be it further enacted, That the said company shall have power to contract for, and receive conveyances of any lands, stone, gravel or other materials henceforth, which may be, necessary and required in the construction of the said railroad, or is the construction of piers, docks and depots connected with it; and when the owner or owners cannot agree on the price, or when the owner is an infant or lunatic, or incapable in law from any clause of contracting, then it shall be lawful for the said company to apply to any justice of the peace for a warrant, directed to the sheriff of the county, commanding him to summons a jury of seven disinterested freeholders, a majority of' whom shall be authorised to assess the damages, under the same rules and regulations now established by law is cases of other roads; and the said jury shall forthwith assess the value of the said land, stone, or gravel, or other materials, subject to the right of an appeal to the circuit court, by either party who shall think themselves aggrieved, and the trial on such appeal shall be de novo, as in other cases ; and the assessment so made shall be final, and the land, stone, gravel, or other materials contracted for or condemned, shall ensure to the said company, upon the payment of the money to the person contracted with, or into court, as the case may be; and the proceedings shall be entered of record in the said court, at the cost of company:  Provided however, That the said work shall in no ways be delayed, on account of any appeal or other proceedings as aforesaid: but the said company, on tendering the amount to which the land, stone, gravel or other material, shall have been valued, to the owner, or depositing the same in the office of the clerk of the court to which the land, has been taken, may proceed with the said work as if there had been no appeal.

Sec. 4.  And be it further enacted, That the capital stock of the said company shall be five hundred thousand dollars in five thousand shares of one hundred dollars each.

Sec. 5.  And be it further enacted, That the said Benjamin Vincent, Edward Harding, William C. Chase, Abner S. Lipscomb, Joseph Swiler, J. B. Earle and Henry Center, or a majority of them, shall cause books to be opened, at such times and places as they may think proper, for the purpose


47

of receiving subscriptions to the capital stock of said company; and as soon as three hundred thousand dollars of the said capital stock shall have been subscribed for, it shall be the duty of the persons aforesaid, to notify the subscribers for the said stock, by publication in one or more newspapers, published in Mobile and New Orleans, for thirty days. to meet at such time and place as in such notice they may direct, to elect ten persons from among the subscribers, to constitute a board of directors, for conducting and managing the affairs of the company, and exercising its corporate powers and privileges, who shall, as soon as they are elected, choose a president from among their own number, to preside over their own meetings.

Sec. 6.  And be it further enacted, That the said president and directors, shall fill all vacancies that shall from time to time happen, by death, resignation, or otherwise.

Sec. 7.  And be it further enacted, That no person who is not a stockholder in his own right, shall be a director; and should any director transfer, at any time, all of his stock, such director shall from that time, cease to be a director; and it shall be the duty of the remaining directors to proceed to fill the vacancy so created.

Sec. 8.  And be it further enacted, That ten percent on the amount of each share, of the capital stock of the said company, shall be paid at the time of subscribing for the same, and the balance shall be tallied in, at such times and in such instalments as the president and directors may determine, they giving at least thirty days notice by publication in one or more newspapers published in the city of Mobile, and in New Orleans, of the amount required to be paid, and the time and place of such payment.

Sec. 9.  And be it further enacted, That the failure to pay such instalments on the said stock, at the time and place required as aforesaid, shall amount to a forfeiture of the stock on which such payment was required, and a forfeiture of the amount paid, which forfeiture shall ensure to the company.

Sec. 10.  And be it further enacted, That the said president and directors shall have power to make and ordain all such by-laws and regulations, not inconsistent with the laws of the State nor of the United States, as shall be necessary to the ordering and well conducting the affairs of the company.

Sec. 11.  And be it further enacted, That the said president and directors, shall have power to contract, on behalf of the company, for a loan of money, or make any other moneyed contract not exceeding the amount of the capital stock actually paid in, or secured to be paid in; and for the security of the repayment of the principal, and the interest thereon, of any sum or sums of money which may be loaned or advanced, to the said company, the said president and directors may, and they are hereby authorised, to pledge the whole of the tolls and revenues of the said company, and all its estate, real personal and mixed, by mortgage, to any person or persons, by them selected, in trust for the benefit and security of all and every person or persons whatsoever, lending or advancing such sum or sums of money; or by such other mode of effecting such security, as the said president and directors may approve.

Approved, Dec. 17, 1836.

[No. 34.]

AN ACT

For the relief of the heirs of John Lawler, deceased.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the legal representatives of the estate of John Lawler deceased, shall be entitled to the


48

sum of four hundred dollars, being half of the value of a negro man slave, belonging to said Lawler in his life time, who was executed under the laws of this State, for a capital offence; to be paid out of any money in the treasury, not otherwise appropriated.

Approved, Dec. 17, 1836.

[No. 35.]

AN ACT

For the establishment of Schools in the County of Mobile and to provide a fund for the maintenance of the same.

Section. 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That a board of commissioners by the name and style of the AMobile School Commissioners,@ be, and the same is hereby established in the county of Mobile, who shall have power and authority to establish and regulate schools and to devise, put in force and execute such plans and devises for the increase of knowledge, educating youth and promoting the cause of learning in said county, as to them may appear expedient.

Sec. 2.  And be it further enacted, That all lands granted and immunities already conferred, or which may hereafter be conferred on the inhabitants of said county or any city, town or township therein, for purposes of education, either by the United States, this State or otherwise, shall be, and the same are hereby placed under the direction, management and control of said commissioners.  Provided, that nothing herein contained, shall empower said commissioners to appropriate any of the funds arising from the sixteenth sections, to any other purpose than the support of schools in the township in which such sixteenth section may be situation.

Sec. 3.  And be it further enacted, That the present or existing board of AMobile School Commissioners,@ shall continue to act, and they are hereby invested with all the rights, powers and privileges which are by this act conferred upon the AMobile School Commissioners” hereby established, and none other, until the first Monday in August, A. D. 1837.

Sec. 4.  And be it further enacted, That from and after the said first Monday in August, A. D. 1837, the said board of AMobile School Commissioners” shall consist of thirteen members, to be elected by the qualified electors of Mobile county, on the first Monday in August, in the year A. D. 1837; at the same places, and in the same manner, as members of the general assembly; and tri-annually thereafter.  Provided, that if any vacancy shall occur in said board by death, resignation or refusal to act, the said board may elect a successor, to fill said vacancy, and the person so elected, may exercise and perform the duties of commissioner as aforesaid, until the first Monday in August, then next ensuing.  And provided further, that in all cases, the then existing board may continue to act until their successors shall be duly qualified.

Sec. 5.  And be it further enacted, That the said board shall elect from their own body, a president and vice president, either one of whom may preside at all regular or called meetings of the board; and in the absence of whom, the members present, may appoint one of themselves to act as president pro temProvided always, that a quorum shall be present, and that no business involving the appropriation of money shall at any time be transacted, unless the president or vice president shall be present and no compensation shall be allowed to the said president or vice president for their services.

Sec. 6.  And be it further enacted, That the said board shall elect some suitable, person as secretary to the said board, whose duty it shall be to attend all meetings of the board, hand to transcribe, in a well bound book, prepared for the purpose, a true and faithful record of all the acts and procee-


49

dings of said board and shall furnish a true and exact copy thereof, for publication to such printer in the city of Mobile, as may be designated by the board for that purpose, on the day next ensuing each and every meeting of the board, and the said secretary shall make out and certify, true and detailed quarterly statements of all monies received, and from what source, exhibiting the debts and credits of said board, which statement shall be published within the first five days in January, April, July and October, in each and every year.

Sec. 7.  And be it further enacted, That the said board shall also appoint a collector, and allow him such compensation for his services, as they may deem expedient, and the said collector shall enter into such bonds as the said commissioners may direct, and shall perform such duties and be clothed with such powers as may be hereinafter enacted and defined.

Sec. 8.  And be it further enacted, That the said board shall have power to make and put in force such by-laws and regulations not inconsistent with the laws of this State, or of the United States, as to them may appear expedient, and the same to revoke and alter and to prosecute all suits and actions in their corporate capacity and name, in the same manner as private persons.

Sec. 9.  And be it further enacted, That it shall be the duty of the county court of said county, annually, at the time they shall levy the county tax, also to levy a school tax, equal in amount, to one fourth of the county tax, and also a tax of one percent on all actual sales of real estate, slaves, horses, and mules, which may be offered and sold at auction in said county, and the one half of one percent on each and all of the said above enumerated objects of taxation, which may be offered for sale at auction, and not sold, and in all such cases the highest bid cried by the auctioneer, shall govern the said tax; on all theatrical or equestrian exhibitions, one hundred dollars for each and every license; and on all other representations, exhibitions, shows, or sports for public adjustment, not less than twenty dollars for such license.

Sec. 10.  And be it further enacted, That the revenues arising or accruing to the said county from fines, penalties and forfeitures, together with the tax fee of two dollars on all suits in the circuit and county courts, be, and the same are hereby appropriated and set apart as a special fund; or the support of schools in said county of Mobile, under the direction and management of said commissioners, and it is hereby made the duty of the clerk of the circuit court and the clerk of the county court, to pay over all monies by this section, appropriated and set apart into the hands of the collector of said board of commissioners, semi-annually, taking his receipt for the same.

Sec. 11.  And be it further enacted, That it shall be the duty of the said board of commissioners, and they are hereby required to appoint quarterly, a committee of three discreet members from their own body, to examine the books of all auctioneers in said county, so far as relates to said objects of taxation, herein enumerated. and a true and faithful return thereof, to make to the said board at the first regular or stated meeting thereafter, and if any auctioneer or auctioneers shall refuse to submit his or their books to the inspection of the said committee, he or they shall forfeit his or their license to sell goods, wares and merchandise or other property by auction, and shall not again be eligible to hold the said office or appointment, and it shall also be the duty of the said committee, to report to the county court at their session for county purposes, all such violation and infractions of the provisions of this act, and particularly of the eleventh section thereof, as may become known to them.  Provided, that the clerk, of the circuit court shall retain


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and pay over out of fines and forfeitures, and tax fees one writs, a sufficient sum, to pay witnesses on the part of the State, and others entitled by law to fees in State cases.

Sec. 12.  And be it further enacted, That it shall be the duty of the collector to be appointed, under the provision of this act to attend all auction sales and as far as may be practicable, note the amount of all sale of property subjected by this act to taxation, and also note the highest bid for property offered and not sold, and it shall also be his duty, and he is hereby required, from time to time, to take or receive on oath, a return of the sales of the different auctioneers, of the amount of property by them sold and offered for sale, which is by this act, subject to taxation, and the said collector may in all cases, when doubts arise, require any auctioneer or auctioneers, to exhibit his or their books for examination, and in case of refusal on the part of the said auctioneer or auctioneers, to subject his or their books to the inspection of the said collector, or shall refuse or neglect to pay the several amounts of taxes herein provided for, then, and in that case, the said collector shall make his own assessment, which shall in all such cases be double the suppose amount, and shall be collected by execution, to be signed by the president and countersigned by the secretary of the said board of commissioners, and by the said collector, levied on the goods and chattles of such delinquents, auctioneer or auctioneers, which said goods and chattles shall be sold by said collector, at the court house, between the hours of 12 o'clock M. and four o'clock, P. M. to the highest bidder for cash, ten days public notice having been given in some newspaper printed in Mobile, and the proceeds of said sale, after paying the taxes due, together with all incidental expenses, shall be paid over to the owner or owners of the property sold.

Sec. 13.  And be it further enacted, That each and every member of the said board of school commissions, their secretary and collector, shall before entering upon the discharge of their duties, take an oath or affirmation, to be administered by any judge or justice of the peace, faithfully, impartially and diligently to do and perform all the duties according to the requirements of this act, to the best of their knowledge, skill and ability, without favor, partiality or affection; and the said board are hereby authorised to grant such compensation to their secretary for his services, as they may deem expedient and proper.

Sec. 14.  And be it further enacted, That the said commissioners shall have power and authority to raise by lottery, in one or more classes, upon such scheme as they may devise, and in such manner and form as they may think proper, any sum of money not exceeding fifty thousand dollars, for the purpose of finishing the academy buildings, now erecting under the direction of the present board of AMobile School Commissioners,@ enclosing the same with an iron fence, constructing side walks and otherwise embellishing in a suitable and proper manner, the square or lot of ground, in the city of Mobile on which said academy building is now erecting.

Sec. 15.   And be it further enacted, That the revenue accruing to the said school fund, from the tax of one fourth of the amount of the county tax, shall be collected by the person authorised to collect the county tax, at the same time and in the same manner as the county tax, and same to pay over when collected to the collector of said board, taking his receipt for the same, but all other taxes or monies herein specified and appropriated, shall be collected by the collector of said board, who shall in all cases, be invested with the same powers, privileges and remedies as a tax collector general-


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ly and the said collector shall pay over to the president of the board, all monies, which he may receive or collect, taking his receipt for the same, and the said president shall deposite all monies so paid over to him, in one of the banks of the city of Mobile, to the credit of the “Mobile School Commissioners,” and the same shall be checked for, only by the president, by order of the board, and the said president shall report to the board, all monies so received or deposited at the succeeding meeting of the board.

Sec. 16.  And be it further enacted, That the said commissioners shall, and they are hereby required to make from time, a suitable and proper allowance, or appropriation of their funds, for the establishment and maintenance of schools in each company beat in said county, without the limits of the city of Mobile, and to employ and dismiss teachers for the same at their discretion.

Sec. 17.  And be it further enacted, That all laws and parts of laws contravening the provisions of this act, or any part thereof, be, and the same are hereby repealed.

Approved, Dec. 19, 1836.

[No. 36.]

AN ACT

For the relief of Ann M. Smith.

Sec. 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, Ann M. Smith, wife of Edward Smith of the town of Tuscaloosa, in this State, shall be deemed, held and considered a free dealer, and as such, enabled to carry on trade and business in her own name and on her own separate and individual responsibility; and further, that the said Ann M. Smith, may contract and be contracted with, sue and be sued in her own name, and in general acquire, hold, use and enjoy, in her own right and property, real and personal estate, and the same may dispose of either by gift, grant 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 Ann M. Smith, shall be secured to her by exempting all property by the said Ann from and after the date aforesaid, from the payment of all debts contracts, by her said husband, as well as such as have been heretofore, as may thereafter be contracted, and the same is hereby declared to be exempted from the payment of the debts of the said Edward Smith.

Approved, Dec. 20, 1836.

[No. 37.]

AN ACT

For the relief of the heirs of William Quigly, deceased, and Thomas G. Newbold.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That Eliza Quigly, widow and administratrix, of William Quigly, late of Mobile county, deceased, be, and she is hereby authorised to convey by deed, certain lots or parts of lots, belonging to the estate of the said William Quigly, in the town of Jackson, in said county, to Thomas G. Newbold, on his making or executing a deed or deeds of certain lots or parts of lots, equal in quantity or value, to such as may be conveyed by the said Eliza Quigly, to the heirs of the said William Quigly, deceased, in the said town of Jackson, in the county of Mobile, aforesaid.

Approved, Dec. 20, 1836.

[No. 38.]

AN ACT

To amend an Act to authorise William H. Ragsdale and his associates, to turnpike a road therein named.

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

Approved, Dec. 17, 1836.


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the State of Alabama in General Assembly convened, That David Shannon, Archilles L. Moorman and Pleasant Moorman of Franklin county, be, and they are hereby appointed commissioners in the above named road, instead of Francis Bullock, Clairbourn Williams and Benjamine Haines, who was originally appointed in said act.

Sec. 2.  And be it further enacted, That the said David Shannon, Archilles L. Moorman and Pleasant Moorman, shall be compelled to perform at the duties required of them, as commissioners, agreeable to the above recited act, any law to the contrary notwithstanding.

Approved, Dec. 20, 1836.

[No. 39.]

AN ACT

To Incorporate the Mechanics Association of Mobile.

Section 1.  Be, it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, of J. F. McBride D. D. Wyatt, M. Spaulding, James Madden and Garvin Yaille, and their associates, be, and they are hereby made and created a body corporate, by the name and style of the Mechanics Association of Mobile, and by that name, shall be authorised to sue and be sued in any court of law and equity, and shall be authorised and empowered to hold such real and personal estate as may be necessary to carry on the object of this said corporation hereinafter expressed, to an amount not exceeding one hundred thousand dollars.

Sec. 2.  And be it further enacted, That the sold business of the said society shall be to provide the means of relief to such members of the same and others, who may be indigent or necessitous circumstances, and for that purpose to receive and hold donations of land or personal estate.

Sec. 3.  And be it further enacted, That the said corporation shall have full power and authority to make such by-laws and regulations, as may by them be deemed necessary for the government and good order of the said corporation.  Provided, that any member of the said society, shall at all times be at liberty to withdraw from the same at pleasure.

Approved, Dec. 20, 1836.