[10]

An act to divorce Maria Fuller from her husband William Fuller.

Section 1. Be it enacted by the Legislative Council and house of Representatives of the Alabama Territory, in General Assembly convened, That the bonds of matrimony heretofore subsisting between Maria Fuller and her husband William Fuller, be, and they are hereby annulled and made void, and the said Maria Fuller


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restored to all the rights and privileges of a feme sole.

(signed)

J. W. WALKER

Speaker of the house of Representatives.

JAMES TITUS.

President of the Legislative Council.

Approved 17th November 1818.

WM. W. BIBB

Governor of the Alabama Territory.


An act authorising county courts to grant private ways, in certain cases.

Section 1. Be it enacted by the Legislative Council and house of Representatives of the Alabama Territory, in General Assembly convened. That in all cases where no part of the tract of land owned by any individual in this Territory, touches a public high way, the county court of such county may, in their discretion, on the application of one or more persons, so situated order and grant a private way, not exceeding fifteen feet in width, leading from the most convenient part of such tract of land to the nearest public high way; such order to be made, in all cases, on the report of the jury, of the same number, and under the same rules and restrictions, as are required by law in the case of public high ways.

Sec. 2. And be it further enacted, That whenever a private way shall be granted, in conformity with the provisions of this act, it shall be the duty of the person or persons, on whose application the same may be granted, to open and keep the same in repair, at his or their own expense, until regularly discontinued: Provided, that no such person or persons shall be thereby


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exempted from any duty required by law on public high ways.

(signed)

J. W. WALKER

Speaker of the house of Representatives.

JAMES TITUS.

President of the Legislative Council.

Approved 19th November 1818.

WM. W. BIBB

Governor of the Alabama Territory.

An act incorporate the town of Athens in Limestone county.

Section 1. Be it enacted by the Legislative Council and House of Representatives of the Alabama Territory, in General Assembly convened, That the town of Athens in the county of Limestone, in the Alabama Territory, be and the same is hereby established by the name of Athens.

Sec. 2. And be it further enacted, That hereafter the land holders, free holders and house holders within the town of Athens on the second Monday in March next, and on that day in each succeeding year, shall hold an election to commence at ten o'clock in the morning and close at three in the evening, for the purpose of electing by ballot, five persons, inhabitants of the town, to act as trustees thereof, a majority of whom shall constitute a quorum to do business: also a town constable, assessor and treasurer to serve for one year.

Sec. 3. And be it further enacted, That every free white male of full age who has resided in the town of Athens, six months previous to the election of the trustees, shall be entitled to a vote for said trustees.

Sec. 4. And be it further enacted, That the said trustees and other officers so elected shall proceed in the same manner, possess the same


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powers, and be subject to the same restrictions as are provided by law, for the government of the trustees and other officers of the town of St. Stephens.

(signed)

J. W. WALKER

Speaker of the house of Representatives

JAMES TITUS.

President of the Legislative Council.

Approved 19th November 1818.

WM. W. BIBB

Governor of the Alabama Territory.

 

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An act for the relief of Ann Hughes, guardian of the infant heirs of Raleigh Hughes, deceased.

Section 1. Be it enacted by the Legislative Council and House of Representatives of the Alabama Territory, in General Assembly convened, That Ann Hughes, guardian of the minor heirs of Raleigh Hughes, deceased, be and she is hereby authorised and empowered to appropriate and lay out the proceeds of the sale of twelve acres of land, lying in Madison county in the Alabama territory, heretofore sold by authority of an act of the general assembly of the Mississippi Territory, entitled "An act to authorise Ann Hughes to sell certain lands therein mentioned, passed the twenty seventh day of November, one thousand eight hundred and sixteen," upon the most advantageous terms, in the purchase of lands wheresoever she may deem most advisable, for the benefit of the said heirs of Raleigh Hughes deceased, any thing in the said above recited act to the contrary, notwithstanding.

Sec. 2. And be it further enacted. That the


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said Ann Hughes and her securities, be and they are hereby released and discharged from the penalties of the bond by them made and executed, pursuant to the provisions of the said above recited act of the Mississippi Territory.

(signed)

J. W. WALKER

Speaker of the house of Representatives.

JAMES TITUS.

President of the Legislative Council.

Approved 19th November 1818.

WM. W. BIBB

Governor of the Alabama Territory.

 

____________________________________

An act to make lawful and obligatory certain marriages therein named.

Section 1. Be it enacted by the Legislative Council and house of Representatives of the Alabama Territory, in General Assembly convened, That all marriages which were solemnized, without License, in any county of this Territory, before the organization of the same, are hereby made lawful and obligatory in all respects, and the offspring of such marriages are hereby made legitimate to all legal intents and purposes.

Sec. 2. And be it further enacted, That all and every person or persons, who may have celebrated any marriage, without legal authority, be and they are hereby released from all and every penalty or penalties to which they may be liable therefor.

(signed)

J. W. WALKER

Speaker of the house of Representatives.

JAMES TITUS.

President of the Legislative Council.

Approved 19th November 1818.

WM. W. BIBB

Governor of the Alabama Territory.

 


[15]

An act to restrain the issuing of small notes, commonly called change bills.

Section 1. Be it enacted by the Legislative Council and House of Representatives of the Alabama Territory, in General Assembly convened, That all notes or bills for a sum not exceeding one dollar drawn by any individual or private copartnership or association, or corporate body, (excepting regularly chartered Banks) and made payable to any person or order, or bearer, or simply expressing a sum due, shall be deemed and taken to bear interest at the rate of one hundred per centum per annum, calculating said interest from the date of such notes or bills as may be hereafter issued, and from the time of presentment for payment, and its refusal, on all such as have been issued before the passage of this act.

(signed)

J. W. WALKER,

Speaker of the house of Representatives.

JAMES TITUS.

President of the Legislative Council.

Approved 17th November 1818.

WM. W. BIBB

Governor of the Alabama Territory.

 

____________________________________

 

An act to enable house-holders in the several counties in this Territory, wherein the Public Lands have not been offered for sale, to perform all the duties which by existing laws are required of free-holders.

Section 1. Be it enacted by the Legislative Council and house of Representatives of the Alabama Territory, in General Assembly convened.


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That in the several counties in this Territory wherein the public lands have not been offered for sale, house-holders shall be qualified to perform all the duties which by the existing laws are required of free-holders.

Sec. 2. And be it further enacted. That this act shall continue and be in force, until the public lands in each county respectively, shall be offered for sale, and no longer.

(signed)

J. W. WALKER

Speaker of the house of Representatives.

JAMES TITUS.

President of the Legislative Council.

Approved 20th November 1818.

WM. W. BIBB

Governor of the Alabama Territory.

 

________________________________

 

An act to divorce certain persons therein named.

Section 1. Be it enacted by the Legislative Council and House of Representatives of the Alabama Territory, in General Assembly convened. That William Henry be and he is hereby divorced from the bonds of matrimony heretofore subsisting between him and Ann Henry his wife.

Sec. 2. And be it further enacted, That the marriage of the said William Henry with Amelia Bradley, previous to the granting of this divorce, be, and the same is hereby declared to be good and valid in law, and that George Gaines, Caroline Matilda, Cornelia, Julia Brunette, and William Jackson, the issue born of said marriage, be, and the same are hereby declared to be legitimate.

Sec. 3. And be it further enacted. That John F. Everitt, be, and he is hereby divorced from the bonds of matrimony, heretofore subsisting


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between him and Sarah Ann L. Everitt, his wife.

Sec. 4. And be it further enacted, That the marriage of the said John F. Everitt and Sarah Hand, previous to the passage of this act, be, and the same is hereby declared to be good and valid in law, and Mary Elizabeth, and Enoch, the issue of said marriage, be and the same are hereby declared to be legitimate.

(Signed)

J. W. WALKER

Speaker of the house of Representatives.

JAMES TITUS.

President of the Legislative Council.

Approved 20th November 1818.

WM. W. BIBB

Governor of the Alabama Territory.

 

_____________________

 

An act to authorise the administratrix and administrator of Henry Cannon deceased, to sell certain real estate.

Section 1. Be it enacted by the Legislative Council and House of Representatives of the Alabama Territory, in General Assembly convened, That Susanna Cannon, administratrix, and David Cannon, administrator of Henry Cannon, late of Madison county deceased, be and they are hereby authorised to sell a certain lot or parcel of land in the town of Huntsville, known and described in the plan of said town, as lot numbered seventeen, fronting Gallatin and Clinton streets, belonging to the estate of the said descendent, on such terms as they may deem most advantageous, taking bond with good and sufficient security for the true and faithful payment of the consideration.

Sec. 2. And be it further enacted. That the said Administratrix and administrator are here-


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by authorised, and empowered on the sale of said real estate, to make or cause to be made, to the purchaser or purchasers, as the case may be, of said lot or parcel of land, a conveyance of such title, as the said decedent had or was entitled to, which conveyance shall be equally valid and binding, as if the same had been made by the said descedent in his life time.

(Signed)

J. W. WALKER

Speaker of the house of Representatives.

JAMES TITUS.

President of the Legislative Council.

Approved 16th November 1818.

WM. W. BIBB

Governor of the Alabama Territory.

 

___________________

 

An act to alter & ascertain more particularly the boundaries of the county of Shelby & to lay off a new county in the north east part thereof, to be called and known by the name of St. Clair county.

Section 1. Be it enacted by the Legislative Council and House of Representatives of the Alabama Territory, in General Assembly convened, That Shelby county shall hereafter be bounded by a line, beginning on the north bank of the Coosa river, opposite the upper end of Proctor's island and running thence directly to the source of the main stream of Mulberry creek, and from thence a direct course to the mouth of James Moore's spring branch, on Mahon's creek, and thence down said creek to the ford, on the waggon road leading from Hazlett's to the Pleasant valley, thence a direct course to where the road leading from Thomas Lindsay's to William Loveladys, crosses the Cahawba


[19]

valley road, thence along said road to Major John Mahon's, and leaving him in the county of Cahawba, thence a direct course to where the boundary line of the county of Tuskaloosa crosses Roup's valley creek, thence along the boundary line of said county, to the south east corner of the county of Blount, and thence along the south east boundary of said county of Blount, to the main road leading from Jones's valley, to William Guthrie's and thence a direct course to John Gaston's near the northern part of the Cahawba valley, thence a direct course to the mouth of Kimulge creek on the Coosa, and thence down the Coosa river including the tract of country appertaining to Fort Williams, to the beginning.

Sec. 2. And be it further enacted, That all that tract of country included in the following boundary lines, viz. Beginning at the north west corner of the county of Shelby, and from thence running along the ridge dividing the waters of the Black Warrior from those of the Cahawba and Coosa rivers to the Cherokee boundary line, thence along said line to the Coosa river, thence down said river to the county of Shelby, and thence along the boundary of said county to the beginning, shall form one county to be called and known by the name of St. Clair.

Sec. 3. And be it further enacted, That there shall be holden in and for the said county of St. Clair, in each year, a superior court of law and equity, on the second Monday's in March and September, and there shall be holden in and for the said county of St. Clair in each year, a county court on the third Monday's in March and September, and an intermediate court on the fourth Monday's in December and June.

Sec. 4. And be it further enacted That for the time being, the said courts for said county of St. Clair, shall be holden at the house of Alexander Brown, and that the said courts in and for the


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county of Shelby, shall hereafter be holden at the house of Benjamin May,- But the said courts may respectively for want of necessary buildings at the several places herein designated for holding the same, adjourn to such other places contiguous thereto, as may seem most proper.

Sec. 5. And be it further enacted, That the said superior, county and intermediate courts herein required to be holden, may respectively continue their sessions six judicial days, and no longer.

Sec. 6 . And be it further enacted, That the county courts of said counties of Shelby and St. Clair and of the counties adjoining them, so far as their boundaries are the same respectively, shall appoint one or more commissioners each, to run and mark the boundary lines between their respective counties, and that the expense of running and marking said lines be paid equally by the counties appointing said commissioners.

Sec. 7. And be it further enacted, That all suits, actions and plants, now pending and undetermined in the superior or county courts in the said counties of Shelby, Cahawba and St. Clair shall and may be tried and determined in the superior or county court (as the case may be) of the county wherein the original process therein may have been returned.

Sec. 8 And be it further enacted, That the said county of St. Clair shall be entitled to one representative, and the said county of Shelby


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to two, and no more, any law to the contrary notwithstanding.

(signed)

J. W. WALKER

Speaker of the house of Representatives.

JAMES TITUS.

President of the Legislative Council.

Approved 20th November 1818.

WM. W. BIBB

Governor of the Alabama Territory.

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