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An act to change the mode of increasing the capital stock in the Planters and Merchants Bank of Huntsville, and the Tombeckbe Bank, & for other purposes.

Section 1. Be it further enacted by the Legislative Council and House of Representatives of the Alabama Territory, in General Assembly convened, That it shall and may be lawful, for the directors of the Planters and Merchants Bank of Huntsville, and they are hereby authorised to increase the capital stock of said Bank, by selling from time to time to the highest bidder, at public auction, such number of shares as they may deem proper; upon the terms and conditions following. - viz: thirty days notice shall be given in the Alabama Republican, of the time at which such sale shall commence at the Bank; each lot of shares shall not exceed five: and no individual, Copartnership, no body politic shall be permitted to purchase directly or in- directly, more than twenty shares, during the first six days of the sale, and a declaration on oath, to that effect, shall be administered to purchasers, by the superintendents.

Sec. 2. And be it further enacted, That whatsoever profit may be made by such disposition of


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stock, the same shall enure to the use and benefit of all those who are stockholders at the time of every such extension and increase of capital stock. Provided that such profit shall not exceed ten per centum. The residue of such profit, or excess, shall enure to the use of Green Academy, in the county of Madison: And it is hereby made the duty of the President of the said Bank, to cause the same to be paid over to the order of those who may be appointed to govern, manage or superintend said Academy.

Sec. 3. And be it further enacted, That nothing in this act contained, shall be construed to impair the right of the Territory, to subscribe at the rate of 1 hundred dollars per share for such shares as are reserved for that purpose by charter, nor shall any thing herein contained be so construed, as to enable the said directors to increase the capital stock at any time, beyond the sum of five hundred thousand dollars.

Sec. 4. And be it further enacted, That Lemuel Mead, Henry Chambers, Henry Minor, John M. Taylor, Clement C. Clay and John Williams Walker, be and they are hereby appointed trustees to Green Academy in addition to those already in office.

Sec. 5. And be it further enacted, That the same privileges herein granted, to the Planters and Merchants Bank of Huntsville, are hereby extended to, and granted on the same terms, provisions and limitations to the Tombeckbe Bank, and any excess of profit above the ten per centum, as above allowed to the stockholders, shall be paid over by the President of the said Tombeckbe Bank, to the Pre-


[42]

sident and Trustees of the Saint Stephens Academy.

(signed)

J. W. WALKER

Speaker of the house of Representatives.

JAMES TITUS

President of the Legislative Council.

Approved 21st November 1818

WM. W. BIBB

Governor of the Alabama Territory.

 

_________________

 

An act to authorise the appointment of a keeper and translator of the Spanish records and paper in the Alabama Territory.

WHEREAS no legal provision hath been made for the safe keeping, preserving and certifying the records and papers of the office of clerks and recorders, which were kept during the administration of the Spanish government.

Sec. 1 Be it therefore enacted by the Legislative Council and House of Representatives of the Alabama Territory, in General Assembly convened, That the governor shall immediately after the passage of this act, appoint & commission some person, properly qualified to keep, translate & preserve the same, and the said officer so appointed is hereby authorised to give copies of all and singular the said papers and records whenever thereonto required, and certify the same under his hand and official seal, for which he shall receive a fee of twenty five cents for every hundred words; and the person so appointed, before he enters upon the exercise of his office, shall give bond and security, payable to the governor and his successors in office, in the penal sum of five thousand dollars; conditioned for the safe keeping of the said papers


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and records, and the faithful discharge of his office, which bond shall be lodged in the office of the secretary of this Territory, and may be put in suit, by the party or parties injured, in his or their own names, and shall not become void upon the first recovery, buy may from time to time, be put in suit, by action of debt, until the whole penalty is recovered.

Sec. 2. And be it further enacted, That the said keeper and translator of the Spanish records, shall keep his office at Mobile.

(signed)

J. W. WALKER

Speaker of the house of Representatives.

JAMES TITUS

President of the Legislative Council.

Approved 21st November 1818

WM. W. BIBB

Governor of the Alabama Territory.

 

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An act to authorise the leasing of lands therein named.

Section 1. Be it enacted by the Legislative Council and house of Representatives of Alabama Territory, in General Assembly convened, That the governor of this Territory be, and he is hereby authorised to appoint three commissioners, with powers to let or lease until the first day of January eighteen hundred and twenty, such lands as have been or may be granted by the United States to this Territory, for the support of a seminary or seminaries of learning.

Sec. 2. And be it further enacted, That the commissioners to be appointed, in pursuance of this act, shall, before they enter on the duties required of them, give bond and security to the governor, in such sum as he may prescribe, for the faithful performance thereof, which bond may be given in presence of any Judge or justice of the quorum, in this Territory, to be by


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such Judge or Justice of the quorum, returned to the office of the governor.

Sec. 3. And be it further enacted, That all bonds or notes, given for the consideration of any lease herein contemplated, shall be made payable to the governor, for the use of the Territory, and may in his name be sued and recovered; and all sums of money, arising under the provisions of this act, shall be set apart and shall constitute a fund for the purpose of education exclusively

(signed)

J. W. WALKER

Speaker of the House of Representatives.

JAMES TITUS

President of the Legislative Council.

Approved 21st November 1818.

WM. W. BIBB

Governor of the Alabama Territory.

 

________________

An act to provide for the disposition of slaves imported into the Territory contrary to the laws of the United States.

Section 1. Be it enacted by the Legislative Council and house of Representatives of the Alabama Territory, in General Assembly convened, That all the slaves brought or imported into the Territory, contrary to the laws of the United States, in such cases made and provided and condemned by any court in this Territory, having jurisdiction thereof, upon libel filed in the said court, shall be sold, by the proper officer of the court, to the highest bidder, at public Auction, for ready money, after advertising the time and place of such sale, in some newspaper in this Territory, at least thirty days previous thereto.

Sec. 2. And be it further enacted, That the residue of the money arising from the sale, after deducting the costs of suit, shall be paid one


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half to the informer, and the other half into the Territorial Treasury; but in case there shall have been no informer, the whole shall be paid into the Territorial Treasury, after deducting costs as aforesaid.

(signed)

J. W. WALKER

Speaker of the house of Representatives.

JAMES TITUS

President of the Legislative Council.

Approved 21st November 1818.

WM. W. BIBB

Governor of the Alabama Territory.

 

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An act to authorise the Governor of the territory to offer rewards for the apprehension of criminals.

Section 1. Be it enacted by the Legislative Council and House of Representatives of the Alabama Territory, in General Assembly convened, That the Governor of the Territory be, and he is hereby authorised, by proclamation, to offer a reward, not exceeding four hundred dollars, for the apprehension of any person, who may be charged with any capital offense, and may have escaped from prison, or the custody of a legal officer, or who may have eluded arrest by flight, or otherwise.

Sec. 2. And be it further enacted. That the Governor shall be authorised to draw on the Territorial Treasurer, for any amount which


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may become due to any person or persons in conformity to the provisions of this act.

(signed)

J. W. WALKER

Speaker of the house of Representatives.

JAMES TITUS

President of the Legislative Council.

Approved 21st November 1818.

WM. W. BIBB

Governor of the Alabama Territory.

 

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An act providing for the temporary and permanent seats of government.

Section 1. Be it enacted by the Legislative Council and house of Representatives of the Alabama Territory, in General Assembly convened, That the governor be, and is hereby authorised to conclude with the executive of the United States, such arrangements respecting the location of the site of the seat of government, at the confluence of the Alabama and Cahawba rivers, as he may deem necessary, to carry into effect the act of Congress, in that behalf passed at its last session.

Sec.2 . And be it further enacted, That the Governor of the Alabama Territory, aforesaid be, and he hereby is appointed a commissioner with full power to lay off, or cause to be laid off on such plan as he may deem most suitable, a town at the place now called and known as the town of Cahawba.

Sec. 3. And be it further enacted, That the Governor as aforesaid, shall cause such a number of lots, of such size, or sizes, as he may think proper, to be layed off and surveyed on such scite, and shall moreover cause to be distinguished each corner of each lot, by a stake exhibiting its proper number, from number one progressively.


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Sec 4. And be it further enacted, That when the governor, as aforesaid shall have caused said number of lots to be so laid off, surveyed and distinguished, it shall be his duty, giving at least ninety days notice, to advertise the same for sale in all the newspapers printed in this Territory, and in such of the newspapers of the several states, as he may deem proper; and he shall cause to be posted up, in the land offices at the town of Cahawba and Huntsville, a correct plan, or map of the said town of Cahawba, for a period of thirty days previous to the day of the sale of the said lots, specifying the sizes of lots and the names of the streets.

Sec 5. And be it further enacted, That the Governor aforesaid shall, at the time so appointed for that purpose, proceed on each lot to be offered for sale, to sell the same to the highest bidder, who shall pay one fourth of the purchase money in hand, and shall receive from the Governor aforesaid, a certificate under his hand, specifying the lot so purchased, by its number, the price of the same, the amount paid, and that if said purchaser shall make complete payment for the same, by paying one fourth of the purchase money one year thereafter; one fourth two years thereafter; and on fourth three years thereafter: that such purchaser or his assignee shall be entitled to receive a patent or grant for the same, from the Governor for the time being, of the state or territory, under the seal of the same, vesting in such purchaser, or his assigns, a complete title to the lot so by him purchased and paid for: Provided, that all certificates, given as aforesaid, shall be transferable by endorsement, and the assignee or assignees shall be entitled to all the rights' and benefits, to which the first purchaser was or would have been entitled: and provided, that if full payment be not made before the expiration of the day appointed for the


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payment of the last installment, each and every payment, previously made, shall be forfeited to the territory or state, and all lots on which full payments shall not have been made as aforesaid shall revert to the territory or state.

Sec. 6. And be it further enacted, That so soon as the sale of said number of lots shall be closed, the amount of money which may be received by the Governor as aforesaid, shall be paid by him into the territorial treasury, subject to the future disposal of the Legislature, and a complete return of the lots by him sold, with the price of each and the name of the purchaser, shall also be made by the Governor as aforesaid to the Territorial treasurer, to whom all payments by any purchaser, shall be thereafter made; who shall give receipts for the same, when they shall be paid respectively; and whose final receipt in full of all payments due for any lot, shall authorise the issuance of the grant or patent herein provided for.

Sec. 7. And be it further enacted, That when any installment of the purchase money of any lot shall not be paid, at the time stipulated for that purpose, interest at the rate of ten per centum per annum, from the time of the sale till payment shall be made, shall immediately accrue and become payable on each and every such installment: Provided also, that any purchaser may make payment of any installment at any time before the same may become due, and in such case, shall be entitled to a deduction at the rate of ten per centum per annum, for the time to elapse before the same is due.

Sec. 3. And be it further enacted, That in case of the death, resignation, or absence of the Governor, as aforesaid, the powers given by this act shall be vested in the Secretary of the territory.

Sec. 2 And be it further enacted, That the Governor may and he is hereby authorised,


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out of the proceeds of the sale of said lots, to contract for and cause to be erected, a building suitable for the temporary accommodation of the General Assembly of the Territory or state, (until permanent buildings may be hereafter provided) and report the situation of the same, together with the amount of money expended therein, to the next session of the General Assembly, to be held at Huntsville, provided the sum or sums appropriated and expended in erecting and completing the said building, to be made by authority of this act, shall not exceed ten thousand dollars.

Sec. 10. And be it further enacted, That the temporary seat of government, shall be and remain at Huntsville, until suitable buildings and accommodations can be provided at the town of Cahawba, when the Governor for the time being, shall by proclamation, be authorised to make known the fact, and require the Legislature to convene on the day appointed for their next session thereafter, at the said town of Cahawba.

Sec. 11. And be it further enacted, That all officers, who are required by law, to keep their offices at the seat of government, shall be allowed till the meeting of the convention, or next Legislature, to remove the same to Huntsville, and the necessary expenses of the removal of the Public Seal, Books, Records and papers, shall be defrayed by the Territory.

(signed)

J. W. WALKER

Speaker of the house of Representatives.

JAMES TITUS

President of the Legislative Council.

Approved 21st November 1818.

WM. W. BIBB

Governor of the Alabama Territory.

 


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An act to establish election precincts in the county of Monroe.

Section 1. Be it enacted by the Legislative Council and house of Representatives of the Alabama Territory in General Assembly convened, That from and after the passage of this act, there shall be four election precincts in the county of Monroe.

No. 1 at Chacktaw Bluff, No. 2 at Fort Claiborne, No. 3 at the Little standing Peach tree, No. 4 at the house of Mr. Hays, near Places Burnt Corn; to be held on the same day, and subject to the same rules and regulations established by the act, entitled "an act to amend and reduce into one, the several acts regulating elections" passed the twenty fourth day of December, one thousand eight hundred and twelve

(signed)

J. W. WALKER

Speaker of the house of Representatives.

JAMES TITUS

President of the Legislative Council.

Approved 21st November 1818.

WM. W. BIBB

Governor of the Alabama Territory.

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