[No. 72.]

AN ACT

To compensate Kobb & McKay for articles furnished Troops while stationed at Irwinton.

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 any moneys in the treasury not otherwise appropriated, in favor of Kobb & McKay, for the sum of one hundred and sixty nine dollars, sixty-five cents


76

being the amount allowed of an account of three hundred and eighty-six dollars and thirty cents, presented to this house by said Kobb &McKay.

Approved, Dec. 22, 1836

[No. 73.]

AN ACT

To compensate a company known by the name of the Tuckabatcha Guards.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the company, known by the name of the Tuckabatcha Guards, who have been engaged in the late Indian hostilities for two months, but not regularly mustered into the service, be, and they are hereby entitled to the same pay and allowance, as are allowed to such as were regularly mustered into the United States service, to wit: captain, one hundred and seventy-seven dollars; first lieutenant, one hundred and thirty-seven dollars; second lieutenant , one hundred and thirty-one dollars; first sergeant, thirty-five dollars; second, third and fourth sergeants, each twenty-nine dollars; fifty private soldiers, each entitled to the sum of seventeen 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, out of any moneys in the treasury not otherwise appropriated, for the different amounts as before described in the first section of this act.

Approved, Dec. 22, 1836

[No. 74.]

AN ACT

To compensate Fields & Morgan for articles furnished the Troops when at Irwinton.

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 issue his warrant upon the treasury, to be paid out of any moneys in the treasury not otherwise appropriated, in favor of Fields & Morgan, for the sum of six hundred and fifteen dollars twenty-five cents, being the amount allowed of an account of eight hundred and sixty one dollars eighty-five cents, presented by said Fields & Morgan.

Approved, Dec. 22, 1836

[No. 75.]

AN ACT

For the relief of certain persons therein named.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the sum of fifteen hundred dollars is hereby appropriated for the payment of a note executed to the cashier of the Branch of the Bank of the State of Alabama at Montgomery, and which was discounted by said bank, which note was made by N. E. Benson, George Goldthwaite, John Martin, Abner McGehee, John Scott, Samuel W. Goode, James K. Taylor, Silas Ames, William H. Taylor and H. W. Hilliard, the proceeds of which were paid over to P. H. Raiford, commissary for furnishing provisions for the troops marching to the Creek nation.

Sec. 2.  And be it further enacted, That in the event that a note of the above description has been paid, it shall be the duty of the comptroller of public accounts, upon a certificate of the president and


77

cashier of said bank, showing by whom such payment was made to issue his warrant in favor of the said person or persons making payment as aforesaid, for the said sum or any part thereof.

Approved, Dec. 22, 1836.

[No. 76.]

AN ACT

To compensate Waddy Bacon for services performed under contract with the Executive, 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 sum of three thousand dollars be, and the same is hereby appropriated to Waddy Bacon, out of any money in the treasury not otherwise appropriated, to compensate him for victualling and transporting the field officers, all of three companies, and a portion of a fourth company, of the first battalion of Alabama volunteers, in the Seminole war from Mobile, under a contract with his excellency the Governor.

Sec. 2.  And be it further enacted, That the sum of one thousand dollars be, and the same is hereby authorised to be paid to Captain L. Crosby, for transporting Captain Campbell=s company of volunteers, from Mobile to Wetumpka, out of any money in the treasury not otherwise appropriated.

Approved, Dec. 22. 1836.

[No. 77.]

AN ACT

For the benefit of the Commissioners of Road and Revenues in Russell and Coosa counties.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the commissioners of roads and revenues of Russell and Coosa counties, for the year 1835, be required to perform all the duties appertaining to their office, as commissioners until the first day of August, 1837.

Approved, Dec. 22, 1836.

[No. 78.]

AN ACT

To change the name and legitimate Dolly Beverly B. Harrel.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the name of Dolly Beverly B. Harrel, an illegitimate child of Beverly B. Pryor, of Madison county, be, and the same is hereby changed to Dolly Beverly B. Pryor.

Sec. 2.  And be it further enacted, That the said Dolly Beverly B. by the name of Dolly Beverly B. Pryor, be, and she is hereby made capable in law or equity, to inherit all the estate, both real and personal, of Richard Pryor, in the same manner, and to the same extent, as if she had been born his lawful heir.

Approved, Dec. 22, 1836.

[No. 79.]

AN ACT

To appoint an additional Surveyor in the county of Blount.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That from and after the passage of this act, the judge and commissioners of roads and revenue, for the county of Blount, be, and they


78

are hereby authorised and required to appoint an additional surveyor for the county of Blount, who shall reside in the west part of said county, and who shall be governed by the same laws and regulations as now provided for the regulation of county surveyors.

Approved Dec. 22, 1836

[No. 80.]

AN ACT

To amend an act incorporating the Cahawba and Marion Railroad Company, approved January 18th, 1834.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the first section of said act shall be so amended, as to read James B. Clarke, president, in place of Thomas Morong; and James D. Craig and P. W. Hebert, as directors; and also John Lockhart and John Hartman, in place of William McCullough and Martin A. Lea, where their names occur in the original charter, in place of William Taylor and Jabez W. Heustis; and the sixth section shall be so amended where they are required to commence the work in three years from and after the passage of said act, and to complete the same in ten years, shall be allowed three years to commence the work on said road, and ten years to complete the same, from and after the passage of this act, any law or usage to the contrary notwithstanding.

Approved, Dec. 22, 1836.

[No. 81.]

AN ACT

To regulate the Corporation Tax in the town of Huntsville.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That hereafter, it shall not be lawful for the mayor and aldermen of the town of Huntsville, to receive or cause to be received, more than fifty cents on each hundred dollars value, on all property, real and personal, liable to a corporation tax, in each and every year.

Sec. 2.  And be it further enacted, That all laws and parts of laws, contravening the provisions of this act, be, and the same are hereby repealed.

Approved, Dec. 22, 1836

[No. 82.]

AN ACT

To authorise the Court of Commissioners of Roads and Revenue, of the county of Greene, to establish a poor-house in said county.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the commissioners= court of revenue and roads, for the county of Greene be, and they are hereby authorised to establish a poor-house in said county, for which purpose said court shall have the right of purchasing, at some suitable and convenient place in said county, any quantity of land not exceeding one quarter section, the title of which shall be taken to and in the name of the county of Greene; and said court, or such commissioners as they may appoint, shall have full power and authority to contract for the erection of all necessary houses, and the making of all other necessary and proper improvements on the land to be purchased; to appoint or em-


79

ploy necessary superintendants and agents to keep and conduct said poor-house, to attend to the cultivation of any farm or plantation connected therewith, and to attend to the feeding and clothing of all paupers who may at any time be sent to said poor-house, to be maintained and supported; and the said commissioners court shall have full power and authority to make, from time to time, as they may deem expedient, all proper and necessary rules and regulations for the good government of said poor-house.

Sec. 2.  And be it further enacted, That for the purpose of carrying into effect the first section of this act, the said commissioners= court of Greene county, is hereby vested with full power and authority to levy a special county tax, to be collected as other county taxes are by law:  Provided, That before levying any tax whatever, the said court shall make or cause to be made, an estimate of the probable amount that will be necessary to be raised, for the purpose specified in this act, which amount when so ascertained, said court shall divide into two equal parts, and not more than one part or moiety shall be levied or collected in one year:  And provided further,  That in levying said tax, or any part thereof, it shall be necessary for a majority of all the members of said court to vote in favor of it.

Sec. 3.  And be it further enacted, That so soon as the said poor-house shall be established, and the necessary houses and improvements erected and made, and the proper and necessary superintendants, stewards or agents procured, to cause to be placed in said poor-house all the paupers that shall then, or at any time after may be in the county of Greene, or such number as can conveniently be provided for and maintained therein, and to provide all the necessary means of feeding, clothing and lodging them; and it shall be the duty of the superintendent, steward or other agent, charged with the immediate government or superintendence of said poor-house to cause all the paupers that may at any time be placed in said house to perform any work or labor that may be able or capable of performing, and all the produce or profits of the labor of said paupers, shall be applied to the support and maintenance of the paupers in said poor-house.

Sec. 4.  And be it further enacted, That nothing in this act contained, shall be so construed as to prevent the said commissioners’ court from appropriating any money out of the ordinary revenue of the county of Greene, in the treasury of said county that shall be necessary for the support and maintenance of the paupers of said county.

Sec. 5.  And be it further enacted, That the commissioners’ court of revenue and roads, for the county of Greene, shall have power to make an order or orders, requiring the overseers of the poor in the several beats in the said county, to remove the poor in said beats to the poor-house herein authorised to be established.

Approved, Dec. 22, 1836.


80

[No. 83.]

AN ACT

For the benefit of the citizens of Township four, Range nine west.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That so much of an act passed in 1833, as authorises parents and

guardians to send their children or wards to school out of their particular township, and draw their portion of the sixteenth section fund to pay for the same, be, and the same is hereby repealed, so far as the same relates to the sixteenth section in township four and range nine west, and that hereafter, all the funds arising from said sixteenth section, shall be applied to the support of schools in said township.

Approved, Dec. 22, 1836.

[No. 84.]

AN ACT

Requiring the Treasurer of Monroe county to keep his office at the Court House of said county.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened That from and after the passage of this act, it shall be the duty of the treasurer of Monroe county to keep his office at the court house of said county.

Approved, Dec. 22, 1836.

[No. 85.]

AN ACT

To declare North River a public highway.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That North river, a tributary of the Black Warrior, in the county of Tuscaloosa, shall hereafter be a public highway, from its junction up to the Bull Sluice, so called: Provided, That no mill-dam or other private property in said North river shall be abated, until after the issuance of a writ of ad quod damnum, in each case, in the usual manner, upon the application of such persons as feel themselves interested, to the county court of said county, a decision of that court in favor thereof, and a full satisfaction of the amount of damages, made by the applicants for such writ, to the party entitled thereto:  Provided also, That the right of appeal to both parties shall be fully allowed in any case arising under this act.

Sec. 2.  And be it further enacted, That the creek in Mobile county, called Mill, also be declared a public highway.

Approved, Dec. 22, 1836.

[No. 86.]

AN ACT

To incorporate the town of Tuskegee.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That all that tract of land purchased by commissioners authorised to locate the seat of justice for the county of Macon, shall be called and known as the town of Tuskegee.

Sec. 2.  And be it further enacted, That on the first Saturday of February next, or as soon thereafter as the citizens of said town may think proper, after giving ten days previous notice, an election by ballot shall be held, for five councillors, at some convenient place in said town, and all free white persons of the age of twenty one and


81

upwards, who shall have resided therein three months next preceding said election, or who shall be freeholders in said town, and having the aforesaid qualifications, with the exception of residence, shall be entitled to vote for councillors; and when said councillors shall have been qualified, they shall proceed to elect from their own body an intendant whose duty it shall be to preside over the sessions and deliberations of said councillors, and preserve order, and the persons so elected shall continue in office one year, and until their successors shall be elected and qualified.

Sec. 3.  And be it further enacted, That the first election shall be held and conducted by James Dent, Thomas S. Woodward, Sampson Lanier, John Clark and John Hudnall, or any three of them, they giving notice ten days previous to said election, at three or more public places in said town, and all future elections shall be held and managed by such persons as said council may appoint, they giving notice as required in the third section of this act; and the intendant and councillors respectively, shall before entering on the duties of their office, take and subscribe to the following oath before some justice of the peace: I do solemnly swear, or affirm, as the case may be, that I will impartially perform all the duties required of me by this act, incorporating the town of Tuskegee, so Help me God.

Sec. 4.  And be if further enacted, That the intendant and council are hereby declared to be a body corporate, by the name of the Town Council of Tuskegee, and by that name they and their successors shall be capable of suing and being sued, plead and be impleaded, in all manner of suits, either in law or equity, and to have a common seal, and the same to alter at pleasure: and may purchase, have, hold, possess, receive, enjoy or retain, in perpetuity or for any term of years, any estate, real or personal, not exceeding the value of twenty thousand dollars, and may sell or lease the same at pleasure.

Sec. 5.  And be it further enacted, That if a vacancy should occur, by death, resignation or otherwise, of the intendant, the council shall fill such vacancy out of their own body, and vacancies in the council shall be filled by the intendant and remaining part of the councillors, a majority of whom shall be a quorum to transact business.

Sec. 6.  And be it further enacted, That the council shall have power to pass all such orders, by-laws and ordinances, respecting the streets, markets and police of said town, as shall be necessary for the welfare, security and peace of said town, and to assess and collect taxes upon the real and personal property of the citizens of said town, the same not to exceed, one hundred per cent upon the assessment made under the last act, imposing a State tax; they shall have power to appoint patrols and define their duties; to affix fines for offences against their by-laws and ordinances, not to exceed five dollars for every offence, to be recovered, before the intendant or any one of the councillors, or any justice of the peace within said town, for the use and benefit of said town; they shall have power to


82

appoint a clerk and treasurer for said town, and affix their fees or salaries, and define their duties.

Sec. 7.  And be if further enacted, That if the intendant or members of the council, shall be guilty of any malpractice in office, he or they shall, upon conviction, for every such offence pay the sum of fifty dollars, to be recovered before any court having jurisdiction of the same, and be removed from office, and said council shall not pass any by-laws or ordinances, repugnant to the constitution and laws of this State, and all laws and ordinances, passed by them, shall be subject to repeal by the General Assembly of the State.

Sec. 8.  And be it further enacted, That at the time and place of holding the election for councillors, there shall be elected a town constable, who shall collect the taxes and fines levied and imposed by the council, and perform all the duties that may be required of him by said council; and before entering on the duties of his office, shall take and subscribe the same oaths required of constables, and give a bond with good security, to be approved by the council, for such sum as they may think proper, and shall receive the same fees for serving and executing any process that are allowed to constables in like cases, any law to the contrary notwithstanding.

Approved, Dec. 22, 1836.

[No. 87.]

AN ACT

To change the time of holding the County Courts in the county of Benton.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That from and after the passage of this act, the county courts of the county of Benton, shall be held on the second Mondays in February and August, and shall continue in session until the business is disposed of.

Sec. 2.  And be it further enacted, That all process and precepts made returnable to the present term of said court, be, and the same are hereby made returnable to the terms as provided for in the first section of this act.

Sec. 3.  And be it further enacted, That all laws and parts of laws, contravening the provisions of this act, are hereby repealed.

Approved, Dec. 22, 1836.