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An act concerning Hawkers and Pedlars.

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 first day of March next, there shall be answered and paid by every Hawker, Pedlar or other trading person or persons going from town to town, and from one plantation to another, (except as hereinafter excepted) carrying to sell, or exposing to sale any article of goods, wares or merchandise.


[51]

the sum of ten dollars, for a license, to be given him, her or them for & in each & every county in the Territory, wherein he, she or they may desire so to sell or expose to sale, any such goods, wares, or merchandise, to be paid by the person receiving the same, into the county Treasury, to be applied to county purposes.

Sec. 2. And be it further enacted, That if any such Hawker, Pedlar, or other person or persons, from and after the said first day of March next, is found trading as aforesaid, without or contrary to such license, such person shall for each & every such offense forfeit the sum of one hundred dollars, one moiety thereof to the informer, and the other moiety thereof to the county wherein the same may be forfeited.

Sec. 3. And be it further enacted, That it shall, and may be lawful for the clerk of the county court, of each and every county in this Territory, and he is hereby directed, appointed and required upon the terms aforesaid, to grant a license, to be by him subscribed, to every such Hawker, Pedlar, or other trading person, for which license the said clerk for issuing and recording the same, shall and may receive the sum of two dollars, as a fee, in addition to the said tax.

Sec. 4. And be it further enacted, That if any person or persons whatsoever shall forge or counterfeit any license or licenses, or travel with such forged or counterfeit licenses, knowing the same to be forged, for the purposes aforesaid, such person shall forfeit the sum of two hundred dollars, one moiety thereof to the county, and the other moiety to him that shall prosecute and sue for the same, to be recovered before any court having competent jurisdiction.

Sec. 5. And be it further enacted, That nothing herein contained shall extend or be construed or extended or hinder any person or persons from selling or exposing to sale any sort


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of goods or merchandise in any public market or fair within this Territory; but that such person or persons may do therein as they lawfully might have done, before the making of this act any thing herein contained to the contrary notwithstanding.

(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 deeds of conveyance to be acknowledged, and rights of dower to be relinquished before clerks of courts.

Section 1. Be it enacted by the Legislative Council and House of Representatives of the Alabama Territory, in General Assembly convened, That hereafter the clerks of the several superior and county courts in this Territory, may lawfully take and certify acknowledgments of deeds of conveyance of real estate, and relinquishments of dower, within their respective counties in like manner and form, as is now required by law, before Judges of the superior court and Justices of the Quorum.

Sec. 2. And be it further enacted, That for each and every certificate so made, the said clerks and justices of the Quorum, shall be al-


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lowed a fee of fifty cents, to be paid by the party at whose instance the same may be made.

(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 alter the times of holding courts in the southern district of this Territory.

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, the superior courts for the county of Conecuh shall be holden on the first Monday in March and September, in each and every year and continue six judicial days, if business so require and no longer; that the superior courts for the county of Monroe, shall be holden on the second Monday in March and September, in each and every year, and continue twelve judicial days, if business so require and no longer; that the superior courts for the county of Clarke shall be holden on the fourth Monday in March and September, in each and every year and continue six judicial days, if business so require and no longer; that the superior courts for the county of Washington shall be holden on the first Monday in April and October, in each and every year, and continue twelve judicial days, if business so require, and no longer; that the superior courts for the county of Baldwin shall be holden on the third Monday in April and October, in each and every year, and continue six judicial days, if business so require and no longer; that the superior courts


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for the county of Mobile shall be holden on the fourth Monday in April and October in each and every year, and continue twelve judicial days, if business so require and no longer.

Sec. 2. And be it further enacted, That all acts and parts of acts coming within the meaning and purview of this, be, and the same are hereby repealed.

(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 fix the permanent seat of Justice for the county of Mobile, in the town of Mobile, and to authorise the erection of a court house and Jail.

Section 1. Be it enacted by the Legislative Council and House of Representatives of the Alabama Territory, in General Assembly convened That the seat of Justice for the county of Mobile be and the same is hereby permanently fixed in the town of Mobile.

Sec. 2. And be it further enacted, That Alvan Robeshow, Lewis Judson, Addin Lewis, Christopher Strong Stuart and Samuel H. Garrow, be and they are hereby appointed commissioners, with power and authority to procure by purchase, or donation, at the expense of the county, a lot of ground in said town, and to contract with some competent person, to erect a courthouse and Jail thereon, on such plan and in such manner as they or a majority of them may think proper: Provided that the sum for


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building the same, shall not exceed fifteen thousand dollars.

Sec. 2. And be it further enacted, That all Acts and parts of acts, coming within the purview or meaning of this, be and the same is hereby repealed.

(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 alter the mode of assessing and collecting taxes.

Section 1. Be it enacted by the Legislative Council and House of Representatives of the Alabama Territory, in General Assembly convened, That the assessors and collectors of the taxes of the several counties of this Territory, shall, in their respective counties attend three several times in each Militia Captain's Company, at the usual muster grounds, to receive returns and payment of taxes, of which times and places of attending, they shall give at least twenty days notice, by advertisement posted up in three or more of the most public places within the district.

Sec. 2. And be it further enacted, That it shall be the duty of all persons liable to pay taxes, to attend at such times and places, as the assessors and collectors aforesaid may appoint for the purposes aforesaid, and on failure so to do every person so failing, shall be considered a defaulter, and be double taxed, agreeable to the tax law now in force: Provided, that no person be double taxed, who shall give in his or her return, and pay his or her taxes, with-


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in thirty days after the time last appointed by the assessors and collectors 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.

________________

 

An act to divide Montgomery county, and to establish the county of Autauga.

Section 1. Be it enacted by the Legislative Council and House of Representatives of the Alabama Territory in General Assembly convened, That all that tract of country laying north west of the Alabama river, and included in the following boundaries shall form one county to be called and known by the name of Autauga, (to wit:) Beginning on the Alabama river at the mouth of the lower Mulberry creek, thence running up the main stream thereof to its source, thence a direct line to the north bank of Coosa river, opposite the upper end of Proctor's Island, thence down the Coosa to its junction with the Tallapoosa river, thence down the Alabama to the beginning.

Sec. 2. And be it further enacted, That there shall be holden in and for the said county of Autauga in each year, a superior court of law and equity, on the second Monday in June and December; and there shall be holden in and for the said county of Autauga, in each year, a county court on the first Monday in January and July; and an intermediate court on the first Monday of April and October.

Sec. 3. And be it further enacted, That for the time being the said courts shall be holden


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at Jackson's mill, on the Autauga creek; but may respectively, for want of necessary buildings at the place herein designated for holding the same, adjourn to such other place contiguous thereto as may deem most proper.

Sec. 4. And be it further enacted, That the said superior courts, and intermediate courts, herein required to be holden, may respectively continue their sessions for six judicial days and no longer.

Sec. 5. And be it further enacted, That all papers belonging to suits originating in the said county of Autauga, and now in suit of the county of Montgomery, shall be transferred to the said county of Autauga, and shall there be tried.

Sec. 6. And be it further enacted, That the said county of Autauga shall be entitled to one Representative, and the said county of Montgomery 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 21st November 1818

WM. W. BIBB

Governor of the Alabama Territory.

________________

An act to make election precincts in the counties therein named.

Section 1. Be it enacted by the Legislative Council and house of Representatives of the Alabama Territory, in General Assembly convened, That hereafter there shall be three election precincts in the county of Marengo, viz: one at the house of Tandy Walker, one at the house of Jesse Birdsong, and one at the house of


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William Hopkins, and the electors may meet at each of the above places on the days of every general election, and there vote as at other elections, and be subject to the same law, as other lawful voters are, and shall swear if required, that they have not voted at another place of election.

Sec. 2. And be it further enacted, That it shall be the duty of the county court to appoint three judges to superintend the election, at each place according to law.

Sec. 3. And be it further enacted, That it shall be the duty of the Sheriff, by himself or his deputies, to attend at each of the above election precincts, and there superintend the elections according to law, and on the first day after the elections are over, it shall be the duty of the sheriffs to meet at the place of holding general elections, and there compare the poles, and declare the elections.

Sec. 4. And be it further enacted, That separate elections shall be opened and held, agreeably to law, in and for the county of Blount, at the house of John Gelbreath, and at the old store house of Andrew Green; and it shall be the duty of the persons holding said elections to make returns thereof at the place of holding courts in said county, on the second day after said elections are closed.

Sec. 5. And be it further enacted, That separate elections shall be opened and held agreeably to law, in and for the county of Marion, at the house of Scott Montgomery, on Bullahatcha and at the house of William Leech, on Looksaoppalala; and it shall be the duty of the persons holding said elections, to make return thereof, on the second day after the same are closed, at the house of Jesse McKinney, at whose house the courts of said county shall be hereafter holden.

Sec. 6. And be it further enacted, That sepa-


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rate elections shall be opened and held agreeably to law, in and for the county of Tuskaloosa, at McCawan's Bluff, at the house of Robert Woods, and at the house of George Swindle, and it shall be the duty of the persons holding said elections to make return thereof at the Falls of Tuskaloosa, on the second day after the same are closed.

Sec. 7. And be it further enacted, That there shall be held in the county of Dallas, two additional elections- one at the house of George Tubos, and one at the house of Joseph Britton, to be conducted and held at the same time, and in the same manner, as other separate elections are held and conducted in any county in this Territory.

Sec. 8. And be it further enacted, That hereafter there shall be holden in and for the county of Clarke, four separate elections, at the following places, viz: one at Jackson, one at Suggsville, one at Magoffin's store in said county, and one at Coffeeville, all which elections shall be holden for one day only; and that it shall be the duty of the managers of said elections to make their returns on the succeeding day, to the Sheriff of said county, or his deputy, and that the said elections shall be under the same regulations and restrictions as other elections of the Alabama 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.