[No. 88.]

AN ACT

To incorporate the Tallapoosa and Coosa Railroad Company.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That Joseph H. Bradford, William B. McClellan, Green T. MacAfee, William P. Chilton, P. H. Pearson. J. D. Hooke and James Lyle, and their associates, be, and they are hereby constituted a body corporate, under the name and style of the Tallapoosa and Coosa Railroad Company, and by the said name may sue and be sued, answer and be answered unto, defend and be defended, in any court of law and equity, and may have and use a common seal, and the same alter and amend at pleasure; and may ordain and establish such by-laws, rules and regulations, not at variance with the laws of this


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State or of the United States, as they may deem necessary and expedient for their own self-government.

Sec. 2.  And be it further enacted, That the capital stock of said company, shall consist of fifteen hundred thousand dollars, in fifteen thousand shares of one hundred dollars each.

Sec. 3.  And be it further enacted, That sixty days public notice shall be given, previous to opening books for the subscription to the capital stock of said company, which said books shall be opened at such places and at such times as the board of commissioners shall determine; and the said commissioners shall have power also, to appoint commissioners in any place or places, within the State of Alabama, where they may deem it advisable for said books to be opened; and that when the sum of five hundred thousand dollars shall have been subscribed to said stock, the subscribers shall proceed, pursuant to public notice previously given, to elect a president and twelve directors, for the well ordering of the affairs of said company, and shall be duly constituted as a body corporate, with full power to proceed to the construction of a railroad, branching from the Montgomery railroad at any point west of the mouth of Ufaupco creek, which may be, deemed most eligible, and from thence pursuing the most advantageous route to the Talladega valley, and thence to any point which may be selected on the Coosa river:  Provided, That the said extension from the Talladega valley, to the Coosa  river, shall not conflict with any exclusive privileges in any other company heretofore incorporated:  And provided also, That no part of said railroad shall be constructed without the consent of two-thirds of the Montgomery Railroad Company.

Sec. 4.  And be it further enacted, That all the rules, regulations and restrictions, imposed upon the Montgomery Railroad Company, under their act of incorporation, and all immunities, privileges, rights and powers, granted to said company by said act, or which may hereafter be granted to said company, shall be equally binding upon, and vested in the said Tallapoosa and Coosa Railroad Company; and the said charter of the Montgomery Railroad Company shall, as far as applicable, and not inconsistent with the provisions of this act, entirely govern and restrict, limit and define, the acts, rights, powers and privileges, of the said Coosa and Tallapoosa Railroad Company:  Provided, That this charter shall be utterly null and void, unless the said railroad be commenced in two years and completed in ten years from the passage of this act: Provided, That nothing herein contained shall prevent the construction of a railroad from East Wetumpka, intersecting the same.

Approved, Dec. 22, 1836.

[No. 89.]

AN ACT

For the relief of the purchasers of the sixteenth section of township seven, and 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 the president and directors of the Branch of the Bank of the State of Alabama at Decatur, be, and they are hereby authorised and


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required to grant to the purchasers of the sixteenth section of township seven, range nine west, a postponement of one year in the payment of the second installment of all bonds given by the said purchasers of the aforesaid sixteenth section, for the purchase of their several portions, said section being in the county of Lawrence, sold according to law by the commissioners of said township, which bonds were made payable to the said president and director, and deposited in said branch bank for collection:  Provided however, That the interest which shall have accrued upon said bonds, shall he paid at the time when said installment shall become due:  And provided further, That before the day at which the second installments of said bonds shall fall due, the securities of the aforesaid purchasers, shall file with the president, of the branch bank at Decatur, their assent in writing, to the postponement above granted, in the payment of the said installments of the bonds upon which they are securities as aforesaid.

Approved, Dec. 22, 1836.

[No 90.]

AN ACT

To incorporate the Irwinton Female Academy.

Section. 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That John S. Hunter, William Wellborne, Reuben C. Shorter, John Jackson, John Curry, William L. Cowan, Robert Martin and T. T. Gamage, and their successors in office, shall be, and they 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 Irwinton 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, plead and be impleaded, and to recover all debts that may become due, owing and belonging to said institution, as the property thereof:  Provided, That they shall not own at any one time more real estate than shall be of the value of twenty thousand dollars.

Sec. 2.  And be it further enacted, That the before named board of trustees shall have power to appoint a president, secretary and treasurer, and such other officers, directors or visitors, as they may deem necessary or expedient for the good government or well being of said institution, and to prescribe the duties of each; to grant such rewards, or confer such honors on graduates, as they may deem expedient; to have and use a common seal, and the same to break, alter or renew at pleasure.

Sec. 3.  And be it further enacted, That vacancies which may occur in the board of trustees, from any cause, shall be filled by a majority of the remaining trustees so appointed, and shall have all the powers vested in the trustees appointed by this act.

Sec. 4.  And be it further enacted, That the lots owned, and buildings erected, by the president and trustees of the Irwinton Female Academy, and now the property of the same trustees, together, with all other buildings they may erect, or the grounds they may purchase, for the exclusive use of said female institution, shall be exempt from all taxation whatever.

Approved, Dec. 22, 1836.


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[No. 91.]

AN ACT

To authorise Hezekiah Johnson and Thomas Harvy and their associates to turnpike a road therein named.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That Hezekiah Johnson and Thomas Harvy and their associates, be, and they are hereby authorised to open and turnpike a road to commence within two miles of the bridge across New river, on the road leading from Fayettville to Tuscaloosa, via, Halberts, thence the nearest and best way in a direction for Elyton, in Jefferson county, so as to cross the Warrior within four miles of Richardson=s ferry and intersect a public road within six miles of said river.

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

Sec. 3.  And be it further enacted, That when the said Hezekiah Johnson and Thomas Harvy and their associates, shall have completed said road, and reported the same to the county court of Fayette county, it shall be the duty of the judge of the county court for said county, to appoint three discreet persons as commissioners, two of which shall reside in Fayette county, and one in Walker county, to examine said road, and report the condition of the same to the judge of the county court of Fayette county, and the said commissioners shall receive two dollars per day for their services, to be paid by the said Hezekiah Johnson and Thomas Harvy and their associates.

Sec. 4.  And be it further enacted, That should the commissioners to be appointed by the third section of this act, report that the road has been opened, and in such order as the second section of this act requires, then and in that case the said Hezekiah Johnson and Thomas Harvy and their associates, are hereby authorised to erect a gate across said road, at such point as they may deem proper, and at said gate they are hereby authorised to demand and receive the following rates of toll from every person passing through said gate, to wit: for every wagon and team, seventy five cents; for every four wheeled spring carriage, seventy five cents; for every two wheeled spring carriage, thirty seven and a half cents; for every carryall, fifty cents; for every cart, twenty five cents; for every horse that is rode or packed, twelve and a half cents; for every loose horse or mule, six and one fourth cents; for each head of cattle, two cents; for each head of hogs one cent; for each head of sheep or goats, one cent; and if any person shall pass around or through said gate, with intention to evade the payment of toll, he or she for every such offence, shall forfeit any pay to the said Hezekiah Johnson and Thomas Harvy and associates, the sum of five dollars, to be recovered before any justice of the peace with legal cost.

Sec. 5.  And be it further enacted, That it shall be the duty of the judge of the county court of Fayette county, on application being made, to appoint three suitable persons, who shall proceed to examine the condition of the said road, and report the same to the said judge, and in case the said commissioners should report the road not to be in good order, he shall direct the gate to be thrown open and no toll shall be received under the penalty of twenty dollars for each offence, until said road shall be repaired, and declared to be in good order, and the said Hezekiah Johnson and Thomas Harvy and associates, shall commence the said road within one year after the passage of this act, and shall complete the same within two years


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thereafter, and shall have all the profits arising from the tolls of said road for the term of twenty years from the passage of this act.

Sec. 6.  And be it further enacted, That no persons living near said gate shall be compelled to pay toll when passing on neighborhood business.

Sec. 7.  And be it further enacted, That the people of the county of Jefferson shall not be compelled to pay toll for traveling said road, unless they travel the same out of the county.

Approved Dec. 22, 1836.

[No. 92.]

AN ACT

To divorce John Briggs from his wife Elizabeth H. Briggs.

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 Franklin county, 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 heretofore solemnised and subsisting between John Briggs and Elizabeth H. Briggs be, and the same are hereby dissolved and made void; and that the said John Briggs be henceforth divorced from his said wife Elizabeth H. Briggs.

Approved, Dec. 22, 1836.

[No. 93.]

AN ACT

To incorporate the town of Vienna in the county of Madison.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the town of Vienna, in the county of Madison, be, and the same is hereby incorporated, with all the powers, rights and liberties, and subject to all restrictions contained in the act of incorporation for the town of Huntsville, in said county.

Sec. 2.  And be it further enacted, That David Moore, Edward Vann and William W. Waddly, be, and they are hereby authorised to hold an election for officers for said town, on the first week in May next.

Approved, Dec. 22, 1836.

[No. 94.]

AN ACT

To authorise the Commissioners of Roads and Revenue of Lawrence county to levy a special tax.

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 roads and revenue for the county of Lawrence, be, and they are hereby authorised at a regular term of said court, or at a special term to be called by the judge of said county court, for that purpose, to levy a special tax on the taxable property of said county, not to exceed one hundred per cent, on the taxes of said county, now authorised to be levied by said court for county purposes, for the purpose of repairing the public buildings in said county.

Approved, Dec. 22, 1836.

[No. 95.]

AN ACT

To locate permanently the seat of Justice for the county of Cherokee.

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 sheriff of Cherokee county, be, and he is hereby required to open and hold an election at the different precincts in said county, first giving twenty days public notice at six or more of the most public places, and different parts of the county, by advertisement, for the permanent location of the court house for said county; the following places shall first be put in nomination, to wit: the house of John H. Garret=s, Ceder Bluff; Joseph Hampton=s and John C. Rhea=s on Little river, and the election shall be conducted in all respects as the general elections are.


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Sec. 2.  And be it further enacted, That if neither of said places aforesaid should receive a majority of the whole number of votes given, then, and in that case, the sheriff shall proceed to hold another election, putting in nomination the two places that received the highest number of votes, giving like notice, then the place that shall receive the highest vote, shall be the permanent seat of justice in and for said county, any law to the contrary notwithstanding.

Approved, Dec. 22, 1836.

[No. 96.]

AN ACT

To authorise the Sheriff of Jefferson county to serve process issued by Justices of the Peace for 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 lawful for the sheriff of Jefferson county to execute all process issued by justices of the peace for said county, in the same manner as constables in their respective beats, any law to the contrary notwithstanding.

[No. 97.]

AN ACT

To reduce the limits of the corporation of the town of Carrollton.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the limits of the corporation of the town of Carrollton, in Pickens county, shall extend one quarter of a mile in every direction from the court house, and no further, and all laws contravening the provisions of this act, be hereby repealed.

Approved, Dec. 22, 1836.

[No. 98.]

AN ACT

To amend and continue in force an Act Incorporating the Cahawba and Marion Rail Road Company, approved, January 18, 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 be so amended, as to read James B. Clark, Esq. instead of Thomas Morong and James D. Craig and P. W. Herbert, instead of William Taylor and Jabez W. Heustis; and the sixth section shall be so amended as, instead of requiring the work to be commenced within three and completed in ten years, to read, the company shall be allowed three years within which to commence and ten years to complete the same, from and after the passage of this act, and the directors may open their books for subscriptions, at such times and places as they may see proper, and the said act to which this is an amendment, is hereby continued in force for the time above stated.

Approved, Dec. 22, 1836.

[No. 99.]

AN ACT

To Incorporate the Selma and Tennessee Rail Road Company.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That there shall be established a company with a capital of twelve hundred thousand dollars, divided into shares of one hundred dollars each, for the purpose of constructing a rail road from Selma in the county of Dallas, to the Tennessee river, on the line between Alabama and the State of Georgia, in the direction of Ross= ferry, or some point below that ferry on the Tennessee river.

Sec. 2.  And be it further enacted That books of subscription to the capital stock of said company, shall be opened under the superintendance of the following persons, viz: William Johnson, G. Shearer, Thomas Keenan, Sen. T. B. Goolsby, M. G. Woods, U. Griggsby, Josiah Hinds, Henry Fraun


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and Hugh Ferguson, or a majority of them, in the town of Selma, at such time as they may direct, which said books shall remain open until the whole amount of stock shall be subscribed; and the said commissioners, or a majority of them, may by writing, appoint such persons as they may think proper, to open books, of subscription at any places, and for such time as they may deem expedient.

Sec. 3.  And be it further enacted, That the subscription for said stock shall be paid as follows, viz: five dollars on each share at the time of subscribing, and the remainder at such time as the directors hereafter mentioned may appoint.  Provided, that not more than ten per cent shall be called in at any one time, and twenty days notice given in some public newspaper, for the payment of each installment.

Sec. 4.  And be it further enacted, That the said commissioners, or a majority of them, shall after the sum of five hundred thousand dollars of said stock has been subscribed, give, public notice in some newspaper, for the election of nine directors, who shall be stockholders, at such time and place, as a majority shall direct, and the stockholders either in person or by attorney, shall meet at the time and place designated, and proceed to the election of said directors, to serve for one year, and until their successors shall be elected, the said directors shall at their first meeting proceed to elect a president from their own body, and they shall have power to fill all vacancies which may be occasioned by death, resignation or otherwise, until the next annual election of directors, five members shall form a quorum for the transaction of business.

Sec. 5.  And be if further enacted, That the subscribers to said capital stock, their successors and assigns, shall be and are hereby created a body corporate, by the name and style of the Selma and Tennessee Rail Road Company, and by such corporate name shall be capable in law, to buy and sell, hold and convey both real and personal estate. so far as the name may be necessary for the purpose of effecting the objects of the corporation hereby created, to contract and be contracted with, to sue and be sued, to plead and be impleaded, to have and to use a common seal, and the same to alter and renew when they may deem expedient, and to do all other lawful acts and things, incident and pertinent to a. corporate body, and which may be necessary and proper for the convenient transaction of its own affairs, to make its own by-laws, which shall be valid in all cases.  Provided, the same shall not be inconsistent with the constitution and laws of this State and of the United States.  Provided further, that nothing in this act shall be so construed, as to authorise the corporation hereby created, to exercise banking privileges in any manner whatever.

Sec. 6.  And be it further enacted, That there shall be held annually an election for nine directors, at such time and place, as the by-laws shall direct, and in case there should be no election on the day appointed, the corporation hereby created, shall not be deemed dissolved, but the directors then in office, shall continue until a new election takes place, the directors when elected, shall have power to appoint such officers and subordinate agents as they may deem necessary, and shall be capable of exercising such power and authority for the well government and good order of the affairs of the company, as to them shall appear conducive to its interest.

Sec. 7.  And be it further enacted, That for the purpose of electing directors and all other purposes, wherein the vote of the stockholders may be required, each share shall count one vote, and each stockholder may vote in person or by proxy; any number of stockholders holding one fourth of the


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whole number of shares, shall have power to call a general meeting of stockholders, by giving thirty days notice in some newspaper published nearest the office of said company.

Sec. 8.  And be it further enacted, That the company by this act created, shall have full power to construct, and the exclusive right to use a rail-road from Selma in the county of Dallas to any point they may think proper, on the Tennessee river in this State, not lower down than Fort Deposit, or to any point on the Georgia or Tennessee line, in the direction to strike the Tennessee river in the State of Tennessee at or below Ross= ferry, the said company being hereby authorised to select such route for said rail road as they may deem best and most eligible, and to own vessels, cars and locomotive engines for the transportation of passengers, merchandise and all other things and articles whatsoever, and to charge toll for the same, on the whole line of said rail road.  Provided, that whenever said company in the construction of the rail road authorised by this act, shall find it necessary to cross any street or public road, they shall provide such fixtures as will afford a free passage for the transportation of persons or property along the said street or public road, and when it shall be necessary to pass the said rail road through the lands of any individual, it shall be the duty of the said company, at their own expense to provide for such individuals, proper fixtures for crossing said raid road.  Provided, that is act shall not be so construed as to impair the rights conferred upon any other company heretofore incorporated.

Sec. 9.  And be it further enacted, That it shall be lawful for the president and directors of said company or their authorised agent or agents at any time to take from any lands, most convenient to said rail road, such timber, stone or other materials as may be necessary for the construction thereof, or for keeping the same in repair.  Provided, that nothing belonging to private individuals, shall be taken without adequate compensation, to be determined in the manner hereafter provided.

Sec. 10.  And be it further enacted, That whenever it may become necessary for said company to take possession of, or use any lands, timber, stone or other materials owned by private individuals, for the route or cite of said rail road, or any part thereof, if the parties cannot agree on the value of the same, or when the owner is an infant, non compos mentis, or non-resident it shall be lawful for the president and directors of said company, or their legal authorised agent, on giving ten days notice at least, to the party owning the same, or to his, her or their agent or attorney, to apply to the judge of the circuit or county court of the county where the same may be situated, for a writ of ad quad damnum, directed to the sheriff of said county to summon nine disinterested freeholders, of lawful age, to meet and value the same, and it shall be the duty of said sheriff to attend said inquest in person and receive their report, and return said proceedings to the clerk=s office from whence it issued, and also to receive from said president and directors or their agents, the sums of money awarded by the persons summoned as aforesaid and pay the same to the persons authorised to receive it, his, her or their agent or attorney, and when the amount of said award shall have been paid, it shall be lawful for said company to take possession of, and use such lands, timber, stone, and other materials; but all cost and expenses incurred by the writ of ad quod damnum, shall be paid by the company.  Provided nevertheless, that in no case shall any such lands or materials be valued at a lower rate than the average price for which the said tract of land or lands or other materials could be sold for, by the owner, as well as full indemnity for all other losses and inconveniences to which said owner may be subjected by such condemnation.  Provided, the appraisers shall not be allowed


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more than two dollars per day cash, while employed.  Provided further, that either party dissatisfied, may take an appeal to the circuit or county court, which appeal shall not impede the progress of the road.

Sec. 11.  And be it further enacted, That all property so assessed and paid for by said company agreeably to the provisions of this act, and all donations to and for the same, shall forever afterwards belong to, and become the property of said company, their successors and assigns.

Sec. 12.  And be it further enacted, That it shall be lawful for the president and directors of said company, or their superintendents, engineers, artists, laborers, with carts wagons, or other carriages, with their beasts of draught or burden, and all necessary tools or implements, to enter upon the lands contiguous to, or near the tract of the intended rail road, first giving notice of their intention, and doing as little damage thereto as possible, and repairing any breaches they may make in the enclosures thereof, and making amends for any damage that may be sustained by the owners of such grounds, to be ascertained by agreement among the parties, or in cases where they cannot agree upon the amount of damages, then by the appraisement of three indifferent persons or a majority of them, to be appointed by some justice of the peace in the county wherein the lands may be situated, and on tender of the appraised value, to carry away any timber, wood, shells or earth or stone there found most convenient for making said rail road.

Sec. 13.  And be at further enacted, That said company shall have a right to demand and receive such tolls and fees for the transportation of goods, produce and passengers, and every other thing on said rail road, as may be by the by-laws of said company; from time to time established.  Provided, that more than twenty five per cent on the capital stock expended on said road, shall not be received as toll in any one year.  Provided, that the tolls or fees shall not be increased without first giving public notice thereof, and all produce, goods, merchandise or other articles and things shall be liable for tolls and fees, with which they may be chargeable, and may be detained until the owners of the same or their agents, shall pay the tolls or fees so affixed as aforesaid, or the said company may detrain any part of such goods or produce and merchandise, sufficient, by the appraisement of two disinterested persons, to satisfy the same, which distress shall be kept by the collector of tolls, taking the same for the space of twenty days, and shall afterwards be sold at public auction, at the most public place in the neighborhood, to the highest bidder ; rendering the surplus on demand, if any there be, after payment of said tolls and costs of distress and sale, to the owners thereof.

Sec. 14.  And be it further enacted, That if any person shall willfully, by any means, injure, impair or destroy any part of the rail road, constructed under this act, or any of the works, buildings, machines, wagons, vehicles or carriages, appertaining thereto, such person shall be liable to indictment, therefore, and on conviction, shall be fined and imprisoned, at the discretion of the court and jury, and moreover be liable to an action for damages at the suit of said company.

Sec. 15.  And be it further enacted, That the stock of said corporation shall be assignable in such manner as may be directed by the by-laws thereof.

Sec. 16.  And be it further enacted, That yearly dividends shall be made of so much of the profits of said company; as shall appear to the president and directors advisable, and once every year, the directors shall lay before the stockholders at a general meeting, for their information, an, exact and


MISSING PAGES 91-94


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within twelve months after the passage of this act, uniform themselves in such manner as they may prescribe; and they shall be exempt from all militia duty below regimental drills and musters, unless called into actual service, and shall make due return of their strength and condition; and all fines and forfeitures, imposed or incurred by said company, by and amongst themselves, shall be applied exclusively to the use of said company.

Approved, Dec. 22, 1836.