[No. 56.]

AN ACT

To alter and amend an Act approved, January 9th, 1836, Incorporating the Wetumpka and Coosa Rail Road Company 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 president and directors of the Wetumpka and Coosa railroad company, are hereby authorised and empowered to begin said railroad, at Wetumpka, and in the construction thereof, shall be at liberty to cross the Coosa at any place on said river, between the town of Wetumpka and the Ten Islands, and to extend the same through the counties

of Talladega and Benton, to the State, line between Alabama and Georgia, or to the Tennessee river, at any point above Gunter's Landing, if the said president and directors shall think proper so to do.

Sec. 2.  And be it further enacted, That the said president and


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directors, shall have power to require the stockholders of said company to pay such instalments on their respective shares of stock in said company, and at such times as they may think best, for the interest of said company, and upon the failure or refusal of any stockholder to pay the instalments required on his, her or their stock, in pursuance of any call made by said president and directors as aforesaid, said president and directors may, upon giving thirty days notice, proceed to sell, at public sale, the share or shares of stock owned by such stockholder or such part as they may think proper, to the highest bidder, and if upon the sale of the shares of said stock owned by said defaulting stockholder, said stock should be sold for less than the par value or for less than one hundred dollars per share, said stockholder shall be liable to pay to the said company the deficiency in manner and form hereinafter specified.

Sec. 3.  And be it further enacted, That upon the failure or refusal of any stockholder to pay any installment called for or demanded by the president and directors of said company, in manner and form as specified in the second section of this act, or if upon the sale of said shares as before specified, they shall be sold for less than the par value, the president and directors upon giving, twenty days notice to said defaulting stockholder, may proceed, by their attorney, to move the circuit court of the County in which said stockholder may reside, for judgment against said stockholder, for the amount called for by the president and directors of said company, or as the case may be, for any deficiency that may accrue in the sale of said stock as above specified, and said court is hereby authorised and empowered and required to render judgment against said defaulting stockholder, at the same term of the court at which said notion is made, which judgment so given, shall be a lien on the real and personal property of said stockholder, and execution shall issue as upon other judgments for the amount of said judgment and cost, and all notices hereby required to be given to any defaulting stockholder, shall be issued by, and in the name of the secretary to the board of directors and served by the sheriff of the county in which said stockholder may reside, and shall be returned to the office of the clerk of said court, as in cases of common writs, and the sheriff shall be entitled to one dollar for serving the said notice, which, with all costs that may accrue on said proceeding shall be paid by the party against whom judgment may be rendered.

Sec. 4.  And be it further enacted, That the president and directors of said company, are hereby authorised to contract for and receive conveyances of land, stone, timber and wood, which may be necessary or required in the construction of said railroad, and when the owner and company cannot agree upon the price, or when the owner is an infant, non-resident or non-compos mentis, then it shall be lawful for the president and directors of said company to apply to the sheriff of the county in which said lands or other property may be situated, who shall summon a jury of seven disinterested freeholders, a majority of whom shall be authorised to assess the


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damages and return their award or judgment to the next term of the circuit court for the county in which said land or other property nay be situated, which shall be entered by the clerk, as the judgment of said court, and execution may issue thereupon for the amount of said judgment and costs.  Provided always, that if either party shall, upon the return thereof, be dissatisfied, they may, upon filing bond with good and sufficient security in such sum as the court may order, be allowed an appeal to the next term of the circuit court where said case shall stand for trial de novoProvided, thirty days notice shall have been given to the opposite party, issued by the clerk of the court and served by the sheriff the county.

Sec. 5.  And be it further enacted, That the juries trying said case shall take the following oath, which oath the sheriff is hereby authorised to administer.  You and each of you, do swear ( or affirm, as the case may be) that you will, well and truly try the case now pending, and submitted to your decision, A. B. is complainant and the president and directors of the Wetumpka and Coosa rail road company are defendants, and that you will take into consideration the advantages and value which the construction of the rail road may give to lands or other property, as well as the injury said lands or other property may sustain by its construction through or near which it may be constructed, so help you God.

Sec. 6.  And be it further enacted, That the said lands or other property when so condemned and estimated as aforesaid, shall enure to and become the property of said company forever, upon the payment by said company of the amount assessed by said jury, to the party claiming damages on account of the construction of said road through said lands or for such other property.  And provided further, that said work shall in no wise be delayed on account of the proceedings had as aforesaid, after the value of said lands or other property as assessed shall have been paid or tendered to the owner thereof.

Sec. 7.  And be it further enacted, That in the construction of said rail road, the president and directors of said company shall not in any way or manner obstruct any public road now established; but shall provide convenient pass-ways to travel over said roads.

Sec. 8.  And be it further enacted, That so much of the proviso of the second section of the above recited act, as prohibits the said company from making any contract for the payment of any money except under the seal of said company or corporation, shall not be constructed so as to apply to any other contract made by said company or their duly authorised agents, except for the graduation and construction of the rail way of said rail road.

Sec. 9.  And be it further enacted, That so much of the eight section of the above recited act as forbids the transaction of any other business by the company at the called meetings of the stockholders than that specially mentioned in the notice to the stockholders, be, and the same is hereby repealed.

Sec. 10.  And be further enacted, That said road, shall not in any manner interrupt or obstruct the construction of any other rail


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road authorised by the General Assembly of this State.  And provided further, that nothing in this act shall prevent the legislature of this State from granting a branch from East Wetumpka, to be connected with said rail road, with the consent of the company.

Sec. 11.  And be it further enacted, That the General Assembly reserves the right and power to authorise the construction of any rail, or other road to cross the one authorised by this act, at any point the General Assembly may think proper.

Approved, Dec. 21, 1836.

[No. 57.]

AN ACT

For the better organization of the Militia of Marshall and DeKalb counties 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 hereafter the militia of DeKalb county shall constitute and compose one regiment of the militia of this State, which regiment shall be attached to the tenth brigade; and the militia of Marshall county shall hereafter compose two regiments to be divided by the Tennessee river from the western boundary line of Marshall county, up to the mouth of Short creek, and up said creek to the top of the mountain, and thence to the eastern boundary line of said county, at John Rains, and all that part of Marshall county west of Short creek and south of Tennessee river, shall compose the seventy-seventh regiment, which shall be attached to the twelfth brigade, and all that part of Marshall county above Short creek and north of Tennessee river, shall compose the eighty-first regiment of the militia of this State, which shall be attached to the tenth brigade.

Sec. 2.  And be it further enacted, That the regiments established by this act, shall be organized and officered according to law.  Provided, that all officers non-elected in any of said regiments shall hold their respective offices, and perform their respective duties, in the same manner as if they had been elected for the regiments created by this act.

Sec. 3.  And be it further enacted, That the lines between the first and thirty-fifth regiment, run as follows: beginning on the Tennessee river at the mouth of Roseberry creek and run thence to S. B. Pearse's, thence to Lewis Kirby's, thence to Claiburn Carr's, thence to the point of a mountain at Mastin Seggins=; thence across the said mountain to William Gunter's; thence to the mountain at Robert Lang's; thence along said mountain until it strikes the present line between the first and thirty-fifth regiments, and all that part of Jackson county westward of said line, shall compose a part of the thirty-fifth regiment.

Sec. 4.  And be it further enacted, That all laws contravening the provisions of this act, be, and the same are hereby repealed.

Approved, Dec. 21, 1836.

[No. 58.]

AN ACT

To amend an Act to establish a road therein named, approved, January 16, 1834.

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


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That Clement Billingslea, Willis Atkins, Charles P. Zimmerman, Robert Devan, Henry Lucas and Joseph A. Ware, be, and they are hereby appointed commissioners, or a majority of them, to make and lay out a road, the nearest and best route from the line creek road, commencing at or near Kill Creases creek and crossing the Tallapoosa river at Ware=s ferry, thence to Buck's bridge on Hacha Cuba creek, thence to the Tuckabatha town in Tallapoosa county

Sec. 2.  And be it further enacted, That said ferry shall be permanently established, not subject to the control of the commissioners of roads and revenues of the county of Montgomery, further than in the regulation of tolls.

See. 3.  And be it further enacted, That section second and third of the aforesaid act be, and the same shall continue in full force.

Approved, Dec. 21, 1836.

[No. 59.]

AN ACT

To authorise Moses L. Barr guardian, to remove the property of his wards 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 Moses L. Barr who was heretofore appointed guardian of Mary Harding and Julia Harding, minor, heirs of Joseph Harding, deceased, by the county court of Madison county, be permitted to remove such property or monies as may have come to his possession, as guardian as aforesaid, from the county of Madison to the county of Benton.

Sec. 2.  And be it further enacted, That it shall be the duty of the judge of the county court of Madison county, at any time hereafter, when the said Moses L. Barr shall make his return and settlement as guardian as aforesaid, at the request of the said Moses L. Barr, to order that a certified copy of all orders, returns, settlements and papers in any manner whatsoever materially connected with the said guardianship be made out by the clerk and by him transmitted to the clerk of the county court of Benton county whose duty it shall be to record the same, and it shall be considered as a part of the record of the county court of Benton county, and the said Moses L. Barr shall be required to make his annual returns and settlements with the judge and county court of Benton county, in the same manner that he is now required by law to make them with the judge and county court of Madison county.

Sec. 3.  And be it further enacted, That when the aforesaid certified copy of the orders, returns, settlements and papers shall be delivered to the clerk of the county court of Benton county, it shall be his duty to give his receipt therefore, which receipt when delivered to the clerk of the county court of Madison county, shall discharge the said Moses L. Barr from further liability to make returns and settlements with the judge and county court of Madison county.

Sec. 4.  And be it further enacted, That it shall be the duty of the judge of the county court of Benton county, before he shall take jurisdiction of the matters of the aforesaid guardianship, to require the aforesaid Moses L. Barr to execute a new bond as guardian; in such amount, with such securities and conditions as are now required by law, payable to the judge of the county court of Benton county and his successors, which bond shall be a discharge of further liability on any other bonds which may have been given by the said Moses L. Barr as guardian aforesaid, to the judge of the county court of Madison county, from the date of the bond by this act required.

Approved, Dec. 21, 1836.


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[No. 60.]

AN ACT

For the payment of certain accounts against the State for provisions and other articles furnished the volunteers and friendly Indians engaged in defense of the State in the late Creek war, by Isaac Ross. John McQueene, John Routen. Jonathan Music, J. and B Driver, Townes and O'Brien, Harry Henderson John T. Roberts, Webb Kidd  Samuel Geter, Stephen Daniel, J & B Loyd, Thomas, McClenden, Smith, Clayton and Findley, Joshua Caldwell, M B Headen and William S Johnson.

Section 1.  Be it enacted by the Senate and. House of Representatives of the State of Alabama in General Assembly convened, That the several sums hereafter named be allowed out of any money in the treasury not appropriated for the payment of certain accounts against the State for provisions and other articles furnished the Volunteers and friendly Indians in the late Creek war; to Joshua Caldwell, the sum of eighty-four dollars and seventy cents; to Smith, Crayton and Findley, the sum of forty dollars and eight cents; to Thomas McClenden, one hundred and twenty-two dollars and twenty-five cents; to Stephen Daniel, seven hundred and fifty dollars; to Samuel Geter, seventy five dollars; to John Routon, the sum of three hundred and sixty dollars; to John T. Roberts, one thousand and three dollars and seventy cents; to T. T. C. Adams, seven hundred and fifty dollars; to Thomas and O=Brien, five dollars and twelve cents; to Harry Henderson, thirteen hundred and eighty seven dollars and ninety-five cents; to Jonathan Music the sum of one hundred and thirty-two dollars and three cents; to M. .B. Headen, two hundred and fourteen dollars and fifty cents; to J. & B. Driver, four hundred and ninety four dollars and twenty-five cents; to John McQueene, five hundred and seven dollars and ninety cents; to W. S. Johnson, five hundred and twenty-two dollars; to Webb Kidd, six hundred and seventy-six dollars and fifteen cents; and the further sum of eleven dollars and eighty seven cents.

Sec. 2.  And be it further enacted, That the comptroller of public accounts, be, and he is hereby authorised to issue his warrant in favor of the said several persons named in section the first, for the amounts named.

Approved, Dec. 21, 1836.

[No.61.]

AN ACT

To provide for the payment of certain claims against the State.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the following sums, be, and the same are hereby appropriated, for the payment of claims in favor of persons herein named, for provisions and forage furnished volunteer companies on their march to the Creek Nation; to Archibald Griffin, ninety-eight dollars; to Samuel Harroway, thirty-two dollars; to James L. Alexander, twenty-four dollars, to Simeon Nichols, one hundred and seventy dollars and seventy-two cents; to J. & P. Puryear, nine dollars and thirty-seven cents; to John Griffin, fifteen dollars; to _______ Shepherd, twenty dollars; to Robert Martin, six dollars; to Nicholas Hudson, fifty-two dollars; to John Scott, thirty-three dollars and seventy-three cents, for furnishing Captain Carmack=s company to John Scott, for furnishing Captain French's company, thirty-three dollars and thirty-eight cents; to Samuel Bowdoin, ninety-one dollars and twenty-four cents; to Arthur Mullin, twenty-five dollars; to Edmund King., thirty dollars and seventy-five cents; to Tandy Littleton, fifty-one dollars; to E. H. Hudson, forty seven dollars; to M. Kelly, Jr. sixteen dollars; to Daniel Nelson, ten dollars and fifty cents; to Daniel Nelson fifty-five dollars and thirty cents; to Daniel Nelson fifty-four dollars, and twenty cents; to William White, sixty-seven dollars; to William White thirteen dollars; to Joseph Jones, fifteen dollars and seventy-five cents.


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Sec. 2.  And be it further enacted, That there shall be paid to Dennis Dent, for transportation of the sick and baggage of the Alabama Volunteers from Demopolis to Tuscaloosa, on their return from Florida, seventy dollars; to H. Perkins, for the passage of two sick volunteers, on their return from Florida from Mobile to Tuscaloosa, thirty dollars; to William S. Taylor, for expenses in the Florida campaign, fourteen dollars; to William Motley, thirty-six dollars for provisions furnished Captain Patrick's company; to John Neely, thirty-three dollars; to William Berry, for the use of a horse to carry an express; ten dollars, to Henry S. Harrison a corporal, and Elijah R. Chism, Henry Warren, William Farmer, Moses Hendrix, Langdon C. Pool, John Michaels and Anthony Pistole, privates of Captain Boston's company, who were left sick at Talladega, on their return from the Creek Nation, one hundred and twelve dollars and fifty cents, which shall be paid to Cornelius Carmack for their use; to Jeremiah B. Thomas, for ammunition and provisions furnished local troops and friendly Indians in Chambers county, three hundred and twenty-two dollars and thirty-seven cents.

Sec. 3.  And be it further enacted, That the comptroller of public accounts shall be authorised, and is hereby required to draw his warrant upon the treasurer for the several sums herein appropriated.

Approved, Dec. 21, 1836.

[No. 62.]

AN ACT

To compensate Velina Hart, for work done for Volunteers while on their march from Tuscaloosa to Mobile.

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 seventy dollars and forty-three and three-fourth cents, be, and the same is hereby authorised to be paid to Velina Hart, for one hundred and sixty-one canteens and straps, furnished Captain Martin's and Captain Taylor's companies of Volunteers, while on their march to Florida.

Sec. 2.  And be it further enacted, That the comptroller of public accounts be authorised to draw his warrant, upon the treasury, for the above sum, to be paid to Velina Hart, out of any money in the treasury, not otherwise appropriated.

Approved, Dec. 21, 1836.

[No. 63.]

AN ACT

To establish a Medical Board at the town of Livingston in the county of Sumter.

Section 1.  Be it enacted by the Senate and House of Representative of the State of Alabama in General Assembly convened, That in addition to the medical boards now established by law, that there shall be one established at the town of Livingston, to consist of five members, to be elected by joint vote of both houses of the General Assembly, which board shall meet annually, for the purpose of examining all applicants for a license to practice medicine; and said board, when elected, shall be governed by the same rules, laws and regulations, in every respect whatever, as are now prescribed for the government of the other medical boards of this State.

Approved, Dec. 21, 1836.

[No. 64.]

AN ACT

To divorce Eliza Evans from her husband Reuben B. Evans,

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 Pike, exercising chancery jurisdiction, pronounced and entered at the fall term of said court, in the year one thousand eight hundred and thirty six, the bonds of matrimony hereto-


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fore solemnised and subsisting between Eliza Evans and Reauben B. Evans be, and the same are hereby dissolved and made void; and that the said Eliza Evans be henceforth divorced from her said husband Reuben B. Evans.

Approved, Dec. 21,1836.

[No. 65.]

AN ACT

To incorporate the Lexington and Woodville Railroad Company.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That Lewis B. Mosely, as president, and James Williams, Rufus W. Greeting, Thomas E. B. Pegues, Benjamin F. Adams, William Chapman, Peter Vanorden, John Shields, William J. McKerall, James B. Chambers, Abner C. Mobley and John F. Huckaby, as directors, with their associates and successors in office, be, and they are hereby made a body politic and corporate, in deed and in law, by the name and style of the Lexington and Woodville Railroad Company, in which name they and their successors in office, are hereby made capable in law to sue and be sued, plead and be impleaded, to answer and be answered, defend and be defended, in any court of law or equity in this State or elsewhere, to purchase, receive and hold, sell. convey and confirm real and personal estate, as natural persons; to have and use a common seal, to alter and change the same at pleasure, to pass such by-laws, rules and regulations for the good government of said corporation, as to there shall seem proper; and generally, to exercise all power, and to do and perform all acts, matters and things which they may deem necessary to carry into full and complete effect the object of this act:  Provided, That the real and personal estate, owned by said company, shall not exceed the sum of five hundred thousand dollars.

Sec. 2.  And be it further enacted, That the president and directors hereby appointed, shall continue in office until the first Monday in February, A. D. 1838; and they shall cause books to be opened at Lexington and Woodville, and all such other places as they may deem proper, for the subscription of stock, and shall give thirty days notice previous to opening said books, at the several places at which books will be opened, and shall also publish the same in one or more newspapers printed in this State; and said books when opened, shall be kept open for the space of ten days, and may be opened from time to time, until a sufficient amount of stock shall be subscribed, which stock so subscribed, shall be divided into shares of one hundred dollars each, and shall be deemed and considered in law as private personal property; and the stock hereby authorised to be subscribed, shall be transferable, and all transfers of stock shall be entered on the books of said company, and the holder thereof shall be entitled to all the benefit, and subject to all the liabilities of original stockholders.

Sec. 3.  And be it further enacted, that the stockholders shall meet at Athens, in the county of Dallas, on the first Monday in February, A. D. 1838, aforesaid, and shall proceed to elect eleven directors, who shall be stockholders in said company, one of whom, shall be chosen president by the board, and shall take an oath faithfully to perform their duties as such president and directors, and shall continue in office until the first Monday in July next after such election, and until their successors are chosen and qualified, which choice shall be made on the first Monday in February annually, at such place as the board may have appointed alter the first election, or within one month thereafter by the stockholders. The stockholders may, in all elections of officers, engineers, agents or servants of said company, vote either in person or by proxy, and shall be entitled to one vote for every share of


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stock he, she or they may hold in said company:  Provided, that no one stockholder shall be entitled to more than one hundred votes; a majority of votes shall in all cases elect any officer, or remove any engineer, agent or servant of said company; but to remove the president or, any director, it shall require a majority of two thirds of the whole number of stockholders in value.

Sec. 4.  And be it further enacted, That the president and directors of said company, when they shall have organised agreeably to the third section of this act, shall have power to borrow money, contract debts, and be contracted with, upon the credit of the stock thereof, and to pledge personal or real estate for the payment of their debts; to appoint such officers, agents and servants as they may think necessary, and give them such compensation as they may conceive just: they may require such instalments to be paid upon the stock, and at such time they may think best for the interest of said company.

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

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


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Sec. 7.  And be it further enacted, That said board of directors shall commence said railroad at Lexington, on the, Alabama river, in the county of Dallas, and extend the same to some point at or near Woodville, in the county of Perry ; and said board or company may also construct a branch of said railroad from some convenient point thereon, to the town of Greensborough, in the county of Greene, whenever to them it may seem proper so to do:  Provided however, That nothing in this section shall be so construed as to prevent the board of directors from letting to contract and carrying on to completion, all parts of said railroad, and the said branch at one and the same time:  And provided further, that neither main road nor its branch shall extend beyond any contra railroad, that may be constructed to connect the Tennessee Valley with the city of Mobile.

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 said company, and to pledge personal and real estate for the payment of the debts of said corporation, and they shall have the power to require payment of the stock subscribed in such instalments as they may deem for the interest of said company; and in case the said president and directors cannot agree with the owners of land or materials required for said as to compensation therefore, or in case the owners thereof be an infant, non-resident or non compos mentis, then and in that case it shall be lawful for the said president and directors, to apply to the judge of the county court in which said land or materials may be, and on such application, it shall be the duty of said judge forthwith to issue a warrant under his hand and seal, directed to the sheriff of said county, commanding him to summon the owner of such land or materials, if to be found in his county, and also to summon a jury of twelve disinterested freeholders, to appear before him at the place where the county court for such county is by law holden, 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 so required; and in the case of lands, they shall in the same assessment, assess the damage that the owner thereof may sustain, by reason of the land being so taken for the use of said road; and in all assessments of value and damage, under this act, the jury shall take into consideration the advantage that the defendants may derive from said road, and render their verdict accordingly; and it shall be the duty of the judge, before whom the said assessment is so made to make a record thereof, and return the same to the clerk of the circuit court of said county, and the said clerk shall enter the same as a cause on the trial docket of said court, at the, term next succeeding the return thereof, and on motion, if no objection be 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 shown 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 therein  de novo, and at the same term of the court, unless sufficient cause be shown by either party, for the continuance thereof; and the judgment of the circuit court, when for the claimants shall be made, that the land in question or the materials, as the case may be, is condemned to the use of the president, directors and company of said railroad, and that the said company shall pay the said defendant such sum, together with cost, as may be found by the jury to be a reasonable and proper compensation; and in all cases of final judgment, the party aggrieved shall have his writ of error, as in other cases;  And it is hereby provided, That the work shall in no wise be delayed by any pro-


71

ceedings had in the premises after the judgment in the county court 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, with the clerk of 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 a release of error in the proceedings, and the said circuit court shall, on suggestion, inquire thereof; and give judgment accordingly.

Sec. 9.  And be it further enacted, That said president and directors, after having the track upon which said railroad is to run, surveyed and selected, may proceed to let the same to contract, in such sections as they may deem proper and upon such condition as they may prescribe: Provided, That they shall have sixty days notice of the time and place of the letting the same to contract, And provided also, That they shall commence the said railroad within three, and complete it within eight years, or forfeit their charter hereby given.

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

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

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

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

Sec. 14.  And be it further enacted, That nothing herein contained, shall in any manner prevent or hinder the location of a railroad to unite the waters of Tennessee river with the Mobile bay.

Sec. 15.  And be it further enacted, That after completing said work, or any part thereof, the said president and directors may levy and collect toll or freight from all persons, property, merchandize or other commodities transferred thereon:  Provided, That said toll or freight shall never amount to more than twenty five per centum per annum upon the amount expended in said work:  Provided further, That the company incorporated by this act, shall not have banking powers.

Approved, Dec. 21, 1836.

[No. 41.]

AN ACT

To provide for the payment of certain accounts created by the regiment of Observation in going to and returning from Vernon.

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


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the State of Alabama in General Assembly convened,  That there shall be paid out of any money in the treasury not otherwise appropriated, the following sums to the persons therein after mentioned, for provisions and forage furnished and money paid out for the subsistence of the mounted Volunteers ordered into service, pursuant to a requisition made by Col. Lindsay of the United States army upon the Governor of this State; to Captain John Abbott and his company of Volunteers from Perry county, four hundred and forty-four dollars, which shall be paid to the order of O. C. Eiland, for the use of said company; to A. H. Ramsey=s company from Sumter county, six hundred and twenty-one dollars and four cents, to be paid to the order of A. H. Ramsey ; to Captain Smith and the Volunteer company from Green county, five hundred and sixty-six dollars and sixty-three cents, to be paid to the order of George W. Blair, for the use of said company; to John T. Rather, acting quarter master of Captain Philpott=s company from Morgan county, for expenses incurred and paid by him for said company; six hundred and eighty-seven dollars and twelve cents; to Cornelius Carmack, for expenses incurred and paid by him for his company on their march to Vernon, five hundred and forty dollars and forty five cents; and to the following persons for provisions and forage furnished said company at Vernon and on their march home; to Jesse Ricks, seven dollars and thirty six cents; to Richard Morton, eight dollars and thirty five cents; to Julius Goodwin, twenty seven dollars and sixty seven cents; to Greene McLeroy twenty three dollars and thirty one cents; to John Lucas, six dollars and sixty cents; to Absolom Byers, twenty five dollars and forty eight cents; to Martin Ward, sixteen dollars and twenty seven cents; to William Harriss twenty five dollars and ninety cents; to William McLeroy, fourteen dollars and sixty two cents; to George Looney of Captain Carmack=s company while lying sick and on his return home from Vernon, twelve dollars and fifty cents.

Sec. 2.  And be it further enacted, That there shall be paid the following sums to persons who furnished Captain Robinson's company, viz:  to William Newsom, sixty one dollars; to Joshua K. Roberts, eighty dollars; to Mark Anderson, fifty dollars; to Thadeus A. Read, seventy dollars; to Edmund King, sixty dollars, to Joseph Williams, forty two dollars; to John Dupree, four dollars; to Alexander Morton, forty seven dollars; to Luke Huffman, sixty one dollars; to Louis Houser, one hundred and thirty nine dollars; to William C. Hicks, twenty dollars; to Robert H. Greene, thirty dollars; to L. Simpson & Co. one dollar and ninety cents.

Sec. 3.  And be it further enacted, That the following sums shall be paid to persons who furnished Captain Henry Norwood's company; to Simeon Nichols, one hundred and fifteen dollars; to Andrew Aldridge, eighty five dollars; to John C. Johnson, one hundred and forty four dollars; to Nicholas Humby, seventy five dollars; to John Camp, seventy dollars; to David Meredith, sixty four dollars; to William Crowson, eleven dollars; to James Moore, fifty six dollars and seven cents; to David McGhee, eighty four dollars and thirteen cents; to L. Simmons & Co. twenty five dollars; to William R Pickett, twenty nine dollars and fifty cents; to David Mims one hundred and fifty severs dollars; to Shadrick Mims, nine dollars; to Bryant Rushing, forty seven dollars and thirty seven cents; to Jeremiah Collins, thirty one dollars and eighty cents; to William Halloway, forty three dollars and fifty one cents.

Sec. 4.  And be it further enacted, That the following sums be paid to John W. Cobb, for the use of his company, for expenses paid on the march of said company to Vernon; two hundred and twenty five dollars, to O. B.


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Havis, for expenses of a detachment, fifty eight dollars; to John Griffith for provisions and forage furnished Captain Cobb=s company, sixty five dollars; to A.P. Daviss, for furnishing said company, seventy six dollars; to James Mitchell, eighty dollars; to William Keener, one hundred and forty dollars for provisions and forage furnished Captain Pattrick=s company; to John P. De Jarnet, one hundred and ninety nine dollars and fifty two cents; to Thomas J. Daviss of Shelby county, for expenses of a detachment of Captain Patrick=s company, thirty eight dollars; to L. McMillion, for expenses incurred and paid by the Jefferson county Volunteers on their march to Vernon, one hundred and sixty four dollars; to Joseph P. Frazure for money advanced to the regimental quarter master at Vernon, to pay for provisions furnished the regiment, forty dollars and eighty seven cents.

Sec. 5.  And be it further enacted, That there shall be paid to the following persons who furnished Captain Cook=s company; to Jones, Russell & Co. of Vernon, twenty nine dollars and sixty six cents; to William De Jarnett, seventy nine dollars and eighty cents; to John Weeks, sixty three dollars and thirty five cents; to Duffee & Clare, one hundred and four dollars and fifty three cents, to be in full of Captain Cook=s notes; to Joshua Holbert, twenty four dollars and fifty cents; to Benjamin Cockram, twenty seven dollars and thirty seven cents; to Amos McGuire, seven dollars; to John T. Rather, eighty three dollars and sixty nine cents.

Sec. 6.  And be it further enacted, That the comptroller of public accounts be authorised to issue his warrant upon the treasurer for the foregoing accounts in favor of the persons entitled by this act to receive them.

Approved, Dec. 21, 1836.

[No. 66.]

AN ACT

To incorporate the Demopolis Female Academy.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That Francis S. Lyon, John W. Henley, Andrew J. Crawford, Farist Gaither, Benjamin Talliaferro, James Davenport and Joseph W. Moore, and their successors in office, shall be, and the same are hereby established a body politic and corporate in deed and in law, by the name and style of the President and Trustees of the Demopolis Female Academy; and by that name shall have power to receive donations, borrow money, purchase, have and hold real estate in perpetuity and to sell the same; and also to sue and be sued, to plead and to be impleaded and to recover all debts that may become due owing or belonging to said Institution as the property thereof.

Sec. 2.  And be it further enacted, That the board of trustees shall at any time, if to them it shall seem proper, divide the capital stock of said Institution into shares of such size as to them shall seem expedient, which shares shall be owned by the original subscribers in proportion to the amount they may have severally subscribed; and said board of trustees shall also at any time open books for additional subscription of stock, and all stock which has been, or may hereafter be taken in said Institution shall be controlled and governed by such by-laws and regulations as the board of trustees shall enact.

Sec. 3.  And be it further enacted, That the board of trustees shall have power to appoint a president, secretary and treasurer, and such other officers, directors and trustees as they shall deem necessary or expedient for the good government and well being of said Institution, and to prescribe the duties of each; to grant such rewards, and so confer such honors on the


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pupils in said Institution as to them may seem expedient, to have and use a common seal and the same to break, alter or renew at pleasure.

Sec. 4.  And be it further enacted, That should the board of trustees deem it expedient to divide the capital stock of said Institution, into shares as herein provided for, the stockholders shall meet annually at such time and place as the trustees shall appoint, and elect by ballot, seven trustees of said Institution, who shall serve one year from the time of their election, and in said election, each stockholder shall have as many votes as he owns shares in said stock.  And provided, that it shall require a majority of stockholders in value, to constitute a quorum, to proceed to the election.

Sec. 5.  And be it further enacted, That vacancies that may occur in the board of trustees from any cause between the annual elections shall be filled by a majority of the remaining trustees, and the trustees so appointed shall have all the power vested in the trustees appointed by this act.

Sec. 6.  And be it further enacted, That all the lots, buildings and improvements in the town of Demopolis, belonging to said Institution, shall forever be free and exempt from any taxation whatever.

Sec. 7.  And be it further enacted, That the said corporation shall not at any time own a greater value of real estate than the sum of fifty thousand dollars.

Approved, Dec. 21, 1836

[No. 67.]

AN ACT

For the relief of Littleberry Strange.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the treasurer, be, and he is hereby authorised to pay to Littleberry Strange out of the monies in the treasury not otherwise appropriated, the sum of one hundred and fifty dollars , being the amount charged him for board and medical aid occasioned by a wound received in the battle at Clonotosasa, of the 27th of April last, in an engagement with the Seminole Indians; he being a member of Captain Campbell=s company from Wetumpka.

Approved, Dec. 22, 1836

[No. 68.]

AN ACT

To compensate persons for provisions and forage furnished troops while on their march to the different places of rendezvous and 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 comptroller of public accounts, be, and he is hereby authorised to draw his warrant upon the treasury, for the following amounts out of any monies in the treasury not otherwise appropriated, to wit: in favor of Andrew Smith, for three hundred and fifty six dollars and seventy two cents; Harris McGuire, thirty dollars; William Robinson, one hundred and twenty six dollars; William Simonton, ninety dollars; David Thornton, nineteen dollars; John Bull, six dollars; William M. Strong, fifty seven dollars and fifty cents; Robert Pickle two dollars and fifty cents; R. S. Jones, forty two dollars and fifty cents V. W. Hughs, eight dollars and twenty five cents; David Dicks, five dollars; William Patterson, ten dollars; Lindsey Allen, eight dollars; the above accounts being contracted by officers for provisions for their commands while on their march to the places of rendezvous.

Approved, Dec. 22, 1836

[No. 69.]

AN ACT

For the relief of certain persons therein named.

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


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the State of Alabama in General Assembly convened,  That there shall be, and there is now appropriated from any monies not otherwise appropriated in the treasury, from the persons hereafter mentioned, to satisfy their claims against the State for subsistence, forage, ammunition and services for the use and benefit of volunteers in the service of the United States; for Green Beauchamp, five hundred and two dollars and seventy five cents; Daniel Guartman, seventy one dollars; Charles F. W. Miller, two hundred and fifty one dollars and twenty eight cents; John Drakeford, twenty one dollars and eighty eight cents; J. F. Dennis & Co. four hundred and eighty five dollars; to N. S. Stewart, fifty six dollars; to Stephen White, ten dollars.

Approved, Dec. 22, 1836.

[No. 70.]

AN ACT

To compensate Levi Robbins.

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 dollars, be, and the same is hereby appropriated, to Levi Robbins, for certain services rendered by him in pursuing and bringing to justice, Austin Tilley and William Self, fugitives from justice, charged with the offence of horse stealing.

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

Approved, Dec. 22, 1836.

[No. 71.]

AN ACT

To compensate 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 the following persons be, and they are hereby entitled to the sums herein described, to wit: David C. Neal, forty-five dollars; Isaac Knowls, two hundred and fifty dollars; Osburn Youngblood, twenty-eight dollars and thirty-eight cents; William Cross, eighty-three dollars and seventy-five cents; Daniel Rosser, thirty-six dollars; Abner Hill, two hundred and forty-four dollars, fifteen cents; Burk and Lowry, one hundred and ninety-four dollars; Andrew George, seventy dollars; George Hollingsworth, thirty dollars; R. S. Devinggins, forty-five dollars; Thomas Allison, five dollars; Wilson Abernathy, five dollars.

Sec. 2.  And be it further enacted, That the comptroller of public accounts be, and he is hereby authorised to issue his warrant upon the treasurer, for the above sum, to be paid out of any moneys in the treasury not otherwise appropriated.

Approved, Dec. 22, 1836.