An act to amend an act passed at Huntsville on on the 13th day of Nov. in the year 1819, incorporating the town of Triana.
Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the Trustees of the Town of Triana shall within three days after the election proceed to elect by ballot, from their own body, a President; and the person having the highest number of votes, shall be the President for the yea ensuing such election. That said President and Trustees shall be styled "the President and board of Trustees of the town of Trianna;" any three of whom shall be a quorum to do business; they may have and use a seal which may be broken, or altered at pleasure: and under the style aforesaid, they may sue and be sued, implead and be impleaded, grant, receive, and do all other acts which natural persons may do; and may purchase and hold real, personal and mixed estate (not exceeding at any one time ten thousand dollars) or dispose of the same for the benefit of the said town.
Sec. 2. And be it further enacted, That the said president shall be ex officio vested with all the power and authority that Justices of the peace are vested with by the laws of this state; and shall and may exercise the same within the limits of said town, under the same penalties and restrictions to which Justices of the peace of this state are, and may be liable.
Sec. 3. And be it further enacted, That the said president shall issue his process as justice of the peace for the town of Triana for breach of all or any of the bye laws and ordinances of said corporation, to the police constable appointed by said corporation, or in his absence to any constable of the county, who shall bring the offender or offenders in pursuance of the said process before the said president, who shall proceed to try the offender or offenders and examine all witnesses that may appear, or be subpoenaed before him, both on the part of the corporation and the delinquent and give judgment as to him shall appear just and legal, and shall receive the same compensation for the same, as other justices of the peace for the like duties, and if the said person or persons who may be brought before the said president shall be dissatisfied with the decision of the said president, they may forthwith appeal to the circuit court in all cases, and the said person or persons so appealing shall give bond with sufficient security to pay and satisfy the judgment with costs of said president, if affirmed by the circuit court; and the proceedings thereon, shall be such as are prescribed by law in other cases of appeal.
Sec. 4. And be it further enacted, That a constable shall be annually elected, by the qualified electors of said town at such time and place as a majority of the trustees may direct giving at least ten days notice of the time, and place of holding said election; who shall enter into bond with sufficient security to be approved by a majority of the board of trustees in the sum of two hundred dollars for the faithful performance of the duties of his office and which said bond for every breach of covenant contained therein, may be prosecuted in the name of the President and board of trustees of the town of Triana, as bonds usually are, which are given to corporated bodies in any court of record in the county of Madison.
Sec. 5. And be it further enacted, That if any constable elected as aforesaid, shall refuse to qualify, resign, remove, die or be otherwise disqualified from acting the said Trustees or a majority of them, shall order another election as soon as practicable; giving at least ten days notice.
Sec. 6. And be it further enacted, That a majority of said trustees shall have power to appoint annually from their own body a treasurer who shall give bond with sufficient security to be approved by a majority of said trustees in such sum as they may deem expedient, for the faithful discharge of the duties of his office, recoverable in like manner as the constable's bond.
Sec. 7. And be it further enacted, That the inhabitants of the said town be exempted from working on all public roads and highways except within the limits of the corporation aforesaid.
Sec. 8. And be it further enacted, That the trustees and other officers elected for the government of said town, shall severally take an oath before a justice of the peace faithfully and impartially to discharge the duties of their office so long as they continue in the same.
Sec. 9. And be it further enacted, That in case of the refusal of any trustee to accept the office of President upon his election thereto, or of his death, resignation, inability or removal from town, the said board shall elect another, in his place to serve the remainder of the year and in case of the death, refusal to act, resignation, inability or removal from town or any of the trustees a new election shall be called by the President and shall be held as heretofore prescribed for the election of another in his place to serve the remainder of the year.
Resolution making an appropriation to certain persons therein named.
Resolved by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That William Barclay, George W. Hopkins, James Fletcher and William Usery returned as members to serve in the House of Representatives from the county of Jackson, be and they are hereby entitled to receive the same mileage and per diem compensation during the time they attended the House of Representatives waiting the determination on the propriety of their. election and qualification as members. And that the Speaker be and he is hereby authorized and required to give to each of them a certificate in the same manner as is given to members of the General Assembly.
Resolution to make an allowance to the Clerk of the House of Representatives and Senate for ex-officio services.
Section 1. Resolved by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the Clerk of the House of Representatives, and Secretary of the Senate, be allowed the sum of forty nine dollars each, for ex-officio services to be rendered in arranging the public papers, and preparing the journals for the press.
Sec. 2. Resolved by the authority aforesaid, That the Comptroller of Public Accounts be, and he is hereby required to issue his warrant for the same to be paid out of any monies in the Public Treasury not otherwise appropriated.
Resolution authorizing the Governor to pay; to David and Nicholas Crocheron a sum of money therein mentioned.
Resolved by the Senate and House of Representatives of the state of Alabama in General Assembly convened, That the acting Governor of this state be authorized and directed to pay David and Nicholas Crocheron, four thousand five hundred dollars in addition to the sum heretofore allowed them for the purpose of building a State House in the town of Cahawba, and that the said additional sum be paid out of any money in the Treasury arising from the sale of lots in the town of Cahawba which is not otherwise appropriated.
Be it further enacted, That the compensation herein allowed shall be understood, as full and complete payment for all work and labor done on the State House aforesaid, not only that which is provided for in and by the original contract, but likewise all such as may have been directed to be done by the Acting Governor.
Resolution providing for the preservation of the State Records.
Resolved by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That in future it shall be the duty of the Secretary of State, at or soon after the close of each General Assembly to deposit in his office all the records and papers necessarily belonging to the Legislature: which shall be determined by an examination made by the Secretary of State, Secretary of the Senate, and Clerk of the House of Representatives who are hereby appointed commissioners for that purpose.