An Act to incorporate the subscribers to the Bank of the State of Alabama.
Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That a Bank of the State of Alabama shall be established, the capital stock of which shall not exceed two millions of dollars, divided into twenty thousand shares, of one hundred dollars each, one half of which stock shall be reserved to the State, said Bank to be at the Town of Cahawba, subject however to be removed from that place, whenever the seat of government shall be changed, and in that event the Bank may be removed to the place at which the seat of government shall be established.
Sec. 2. And be it further enacted, That subscriptions for the sum of five hundred thousand dollars towards constituting the capital of said Bank, shall be opened on the first Monday in May next: at Cahawba, for the sum of one thousand and fifty shares, under the superintendance of John Taylor (late of Pendleton,) Anderson Crenshaw, Henry Hitchcock, Edmund Lane, and John Scott. At Huntsville, for the sum of one thousand and fifty shares, under the superintendance of John McKinley, Lemuel Mead, Nicholas Hobson, Frederick James, and Stephen S. Ewing. At Claiborne, for the sum of seven hundred shares, under the superintendance of James H. Draughan, John Watkins, John Gayle, Thomas Wiggins and James Dellet, junior. At
Courtland, for the subscription of three hundred shares, under the superintendance of William Booth, John F. Hickman, John Mosely, Anthony Winston, and Theophilus W. Cockburn. At the town of Blakeley for two hundred shares, under the superintendance of James W. Peters, Francis B. Stockton, Lewis Marchand, Benjamin Jones Randall, and James L. Seabury, At Demopolis for two hundred shares, under the superintendance of Pitkin Barnes, Allen Glover, George S. Gaines; and Charles L. Desnouette. At Tuskaloosa, for the sum of five hundred shares, under the superintendance of Benjamin Cox, Levin Powell, Gilbert Saltonstall, John M. Jinkins and John Owen. At St. Stephens, for the sum of five hundred shares, under the superintendance of Israel Pickens, Thomas Malone, William Crawford, Jack F. Ross, and George Buckhannon. At Mobile, for the sum of two hundred and fifty shares, under the superintendance of Lewis Judson, Addin Lewis, William H. Robertson, Archibald Gordon and Francis W. Armstrong. At Montgomery, for the sum of two hundred and fifty shares, under the superintendance of John D. Bibb, John Goldthwait, Nimrod E. Benson, Clement Freeney, John Edmondson, and a majority of said superintendants, at the places above mentioned, respectively, shall be sufficient to perform the duties of their appointment, and they shall keep the subscription open for the term of forty days, Sundays excepted unless the subscription shall be sooner filled, when the same shall be closed; and no person, copartnership, or body politic, shall be permitted by person or attorney to subscribe for more than twenty shares in one day, during the first thirty days that the said subscription shall be open. The amount of the share or shares subscribed for, shall be paid by the several and respective subscribers in gold or silver; one fourth thereof at the time of subscribing, one eighth within sixty days thereafter, one twentieth one hundred and fifty days thereafter, and the remainder of the subscription, sixty days after the Bank shall go into operation.
Sec. 3. And be it further enacted, That immediately after the superintendants appointed at Huntsville, Caliborne, Courtland, Blakeley, Demopolis, Tuskaloosa, St. Stephens, Mobile and Montgomery, shall have closed their subscriptions they shall respectively transmit, and deliver to the superintendants at Cahawba a list of the several subscribers at such places respectively and of the share, or shares to each and every subscriber belonging : and on the receipt of the said subscriptions, the superintendants at Cahawba, or a majority of them shall immediately thereafter convene and proceed to take an account of the said subscriptions, and in case the aggregate amount of said subscriptions made during the period aforesaid, at the places aforesaid, shall amount to five hundred thousand dollars, the subscriptions to complete said sum, shall be and remain open at Cahawba, aforesaid, under the direction of the superintendants appointed for that place, and the subscriptions may be there made, by any individual company, or body politic for any number of shares not exceeding in the whole the amount required to complete the said sum of five hundred thousand dollars.
Sec. 4. And be it further enacted, That the superintendants respectively shall deposit the gold and silver coin by them respectively received as aforesaid, from the subscribers to the capital of said Bank, in some place of secure and safe keeping, so that the same may, and shall be specifically delivered and transferred as the same were by them respectively received, to the President Directors and Company of the
Bank of the State of Alabama, or their order, as soon as shall be required after the organization of said Bank; and the superintendants appointed at Huntsville, Claiborne, Courtland, Blakeley, Demopolis, Tuskaloosa, Mobile, St. Stephens, and Montgomery, shall respectively immediately after each payment shall become due by the subscribers, according to the provisions of the third section of this act, notify the superintendants appointed at Cahawba, of the amount of gold and silver actually received by them on account of such payment; and the said superintendants of the subscriptions to the capital of the said Bank as aforesaid, shall receive a reasonable compensation for their service respectively, and shall be allowed all reasonable charges and expenses incurred in the execution of their trust, to be paid by the President, Directors and Company of the Bank, out of the funds thereof.
Sec. 5. And be it further enacted, That the subscribers to the said Bank, their successors and assigns shall be, and are hereby created a corporation and body politic by the name and style of the President, Directors and Company of the Bank of the State of Alabama, and shall so continue until the first day of January one thousand eight hundred and thirty-five, and by that name shall be, and are hereby made able and capable in law to have, purchase, receive, possess, enjoy and return to them, and their successors, lands, rents, tenements, hereditaments, goods, chattels and effects of whatsoever kind, nature and quality to an amount not exceeding in the whole four millions of dollars, including the amount of capital stock aforesaid. And the same to sell, grant, demise, alien or dispose of to sue and be sued, plead and be impleaded, answer and be answered unto defend and he defended in any suit, action, matter or thing, in any court either of law or equity, or any other place whatsoever, and also to make, have and use a common seal and the same to break alter and renew at their pleasure. And also to ordain, establish, and put in execution such bye-laws, ordinances and regulations as they shall deem necessary and convenient for the government of said corporation not being contrary to the constitution or laws of this State, or of the United States; and generally to do and execute all and singular, the acts, matters and things, which to them may appear necessary or which to them it shall or may appertain to do, as incident to bodies corporate subject nevertheless, in addition to the restrictions in the constitution to the rules, regulations restrictions, limitations and provisions hereinafter prescribed and declared.
Sec. 6. And be it further enacted, That for the management of the affairs of the said corporation, there shall be thirteen Directors six of whom, together with the President, shall be annually elected by joint vote of both houses of the General Assembly and the remainder shall be annually elected at the banking house in Cahawba, on the third Monday of November in each year, by the individual stockholders of the capital of the said Bank, and by a plurality of votes then and there actually given according to the scale of voting hereinafter prescribed And the thirteen Directors so duly elected, shall be capable of serving by virtue of such elections for and during the term of one year, from and after the date of such election respectively: Provided that the first election of Directors, shall not be included in the before mentioned general regulations: and provided also, that in case it should at any time happen that on election of Directors or an election of the President of said Bank should not be made, as to take effect on any day when in pursuance of this act, they ought to take effect, the said corporation shall not for that cause be deemed to be dissolved; but it shall be lawful at
any other time to hold such elections; and the manner of holding such elections, shall be regulated by the laws and ordinances of the said corporation, and until such election be held the President and Directors of said Bank for the time being, shall continue in office; and provided also, that in case of the death, resignation or removal of the President of the said corporation or of his absence from the State for more than six months, the Directors shall proceed to elect another President from the Directors as aforesaid; and in case of the death, resignation or removal from office or absence of a Director the vacancy may be supplied by a majority of the board.
Sec. 7. And be it further enacted, That as soon as one hundred thousand dollars shall be actually paid in gold or silver coin, to the superintendants of the subscriptions, the said superintendants of the said subscriptions at Cahawba, shall give notice of the same in all the newspapers printed in the State, and the said superintendants shall at the same time, and in like manner, notify a time and place, in said town of Cahawba; at the distance of the least forty days from the time of such notification, for the proceeding to the election of the Directors aforesaid, except those to which the State may be entitled and the Directors thus elected shall be the first Directors of said Bank, and shall proceed to elect one of the Directors, President of said Bank, and the Directors and President of the said Bank so elected shall be capable of serving in their respective offices until others shall be elected by the State and stockholders according to the provisions of this act : and they shall then and thenceforth commence and continue the operations of the said Bank at Cahawba.
Sec. 8. And be it further enacted, That the Directors for the time being, shall have power to appoint a Cashier, and such officers, clerks and servants under them as shall be necessary for executing the business of the said Corporation, and to allow them such compensation as shall be prescribed, fixed and determined by the bye-laws, regulations and ordinances of the same.
Sec. 9. And be it further enacted, That the following rules, regulations, limitations and provisions shall form the fundamental articles of the constitution of the said Corporation, to wit: 1st, The number of votes to which the Stockholders shall be entitled in voting for Directors, shall be according to the number of shares he, she or they hold in the proportions following, that is to say, two shares above two and not exceeding ten shares one vote for every four shares above ten and not exceeding thirty, one vote for every six shares above thirty and not exceeding sixty, one vote; for every eight shares above sixty, and not exceeding one hundred, one vote; and for every ten shares above one hundred, one vote : but no persons copartnership, or body politic shall be entitled in his of their own right, or as proxy, to a greater number than thirty votes; and after the first election no share or shares shall confer a right of suffrage which shall not have been holden two calendar months previous to the day of election all stockholders may vote in elections or on any other question touching the Bank by proxy; Provided, the proxy be derived directly from such stockholders, and voted on by a person being a citizen of the State of Alabama 2d. No preference shall be given to any stockholders in loans or discount on account of his stock. 3d. None but a stockholder, a resident citizen of this state shall be a Director, nor shall any Director be entitled to any emoluments nor shall any Director be permitted either directly or indirectly to have a discount or discounts amounting
to more than five thousand dollars, at any one time; but it shall be lawful for the President to receive such compensation as the stockholders shall at general meeting assign to him. 4th, Not less than seven Directors shall constitute a board for the transacting of business of whom the President shall always be one, except in case of sickness or necessary absence, in which case his absence shall be supplied by any other Director, whom he by writing shall nominate for the purpose, and in the event of the death of the President or his failing to make such nomination, the Directors for the time being shall have power to appoint a President pro tempore. 5th A number of stockholders, not less than twenty, who together shall be proprietors of sixty shares or upwards, shall have power at any time to call a general meeting of the stock holders for purposes relative to the institution, giving at least six weeks notice in the newspapers in the town of Cahawba, and specifying in such notice the object or objects of such meeting. 6th, Every Cashier, before he enters on the duties of his office, shall be required to give bond with two or more securities to the Directors in a sum not less than fifty thousand dollars, with conditions for his good behaviour. 7th The lands, tenements and hereditaments, which it shall be lawful for the said corporation to hold shall only be such as shall be requisite for its immediate accommodation in relation to the convenient transacting of business and such as shall have been bona fide mortgaged to it by way of security or conveyed to it in satisfaction of debts previously contracted in the course of its dealings or purchased at sales upon judgments which shall have been obtained for such debts. 8th The total amount of notes emitted or thrown into circulation by said corporation together with their debts of every description shall not at any time exceed three times the amount of the capital stock of said Bank actually paid therein, unless the contracting of any greater debt, shall have been previously authorised by a law of the State; in cases of excess, the Directors under whose administration it shall happen, shall be liable for the same in their natural private capacities and an action of debt may in such case be brought against them or any of them, or their heirs, executors, or administrators in any court of record by any creditor or creditors of said corporation and may be prosecuted to judgment and execution any condition covenant or agreement to the contrary notwithstanding, but this shall not be construed to exempt the said corporation or the lands, tenements, goods or chattels of the same, from being also liable for, and chargeable with the said excess. Such of the said Directors who may have been absent, when the said excess was contracted or created, or who may have dissented from the resolution or act, whereby, the same was contracted or created, may respectively exonerate themselves from being so liable by forthwith giving notice in writing of the fact, and their absence or dissent to the executive department of the State, to be recorded in the office of that department and to be communicated by the Governor to the Legislature at their next meeting, and by forthwith giving such notice to the stockholders at a general meeting, which they shall have power to call for that purpose. 9th The said corporation shall not be at liberty to purchase any public stock whatever, except their own Bank stock: Provided, the number of shares they purchase in, shall be sold out at par or above it as the case may be, whenever opportunity offers to do so with convenience nor shall the corporation directly or indirectly deal in or trade in any thing, except bills of exchange, gold or silver, and promissory notes made payable in
said Bank, or any of its branches, or in the sale of goods really and truly pledged for money lent, upon notes actually discounted in said bank, and not redeemed in due time, or in goods which shall be the produce of its lands: neither shall the said corporation take more than at the rate of six per centum, per annum for or on account of its loans or discounts. 10th, No loan shall be made by the said corporation to any government or State, to any amount whatsoever, unless previously authorised by law of this State. 11th, The stock of the said corporation shall be assignable and transferable according to such rules and regulations as shall be prescribed by the laws and ordinances of the same. 12th, The bills obligatory and of credit under the seal of said corporation, which shall be made to any person or persons shall be assignable by endorsement thereupon, under the hand or hands of such person or persons and of his, her or their assignee or assignees so as absolutely to transfer and vest the property in each and every assignee or assignees successively, and to enable such assignee or assignees to bring and maintain an action thereupon, in his, her or their name or names; and bills or notes which may be issued by order of said corporation , signed by the President and countersigned by the principal cashier thereof, promising the payment of money to any persons or persons, his, her or their order, or to the bearer, though not under the seal of said corporation, shall be binding and obligatory upon the same in like manner, and with the like force and effect as upon any private person or persons if issued by him or them, in his, her, or their private or natural capacities, and shall be assignable and negociable in like manner, as if they were so issued by such private persons that is to say those which shall be payable to any person or persons, his her or their order, shall be assignable by endorsement in the like manner and with the like effect as bills of exchange now are; and those which are payable to the bearer shall be negociable at the said Bank and shall be, and they are hereby placed on the same footing as bills of exchange, so that the like remedy may be had for the recovery thereof against the drawer or drawers, endorser or endorsers and with the like effect, except so far as relates to damages any law to the contrary notwithstanding; Provided, that all bills or notes issued by said Bank shall be made payable at said Bank, and not at any of its branches 13th, Half yearly dividends shall be made of so much of the profits of the Bank, as shall appear to the Directors advisable, and once in every year, at a meeting to be held for the choice of Directors, those of the preceding year shall lay before the stockholders for their information an exact and particular statement of the general accounts and state of the corporation, if these shall be a failure in the payment of any instalment, the party failing shall loose the benefit of any dividend which may accrue during the delay of the same. It shall be lawful for the General Assembly to establish branches of said Bank, according to the provisions of the constitution; and whenever a branch of said Bank shall forfeit shall be established, not more than thirteen, nor less than seven Directors or managers shall be annually appointed by the Directors of the mother Bank to serve one year, they shall choose a President from their own number, and each of them shall be a citizen of this State. 14th, The Legislature shall be furnished annually within the first week of the Session, statements of the amount of capital stock of the said corporation, and of the debts due to the same, of the monies deposited therein, of the notes in circulation and of the cash on hand, and shall have a right to inspect such general accounts in the books of the
Bank, as shall relate to the said statement. 15th, The Directors shall keep full and regular entries in a book, to be provided for that purpose, of the proceedings and on any question when two of the Directors shall require it, the ayes and noes of the Directors voting shall be duly entered on their minutes and those minutes be at all times on demand produced to the stockholders, when at a general meeting or to the Legislature, or to any committee, who shall be authorised thereby to require the same. 16th, No President or Cashier of the Bank, shall directly or indirectly concerned in the purchase or sale of any of the public stock or funds, under the penalty of ten thousand dollars, to be forfeited one half thereof to the use of the State, and the other to the use of the informer. 17th, A fair and correct list of the stockholders shall be hung up at least one month before any election of Directors in the common Hall of the said Bank, to the end, that public information may be given to the parties of those co-proprietors and stock holders.
Sec. 10. And be it further enacted, That if the said corporation, shall deal or trade in buying or selling any goods, wares, merchandize or commodities whatever, contrary to the provisions of this act, all and every person or persons, being a member or members of said corporation, who shall have given any order or direction for so dealing or trading, and all and every person or persons, being a member or members as aforesaid, who shall have been concerned as parties, therein shall forfeit and loose treble value of the goods, wares or commodities in which such dealing shall have been made one half there of to the use of the informer, and the other half thereof to the use of the State, to be recovered with costs of suit.
Sec. 11. And be it further enacted, That the said President and Directors shall not in any case issue any notes for a smaller sum than one dollar.
Sec. 12. And be it further enacted, That no note shall be negociable at the said Bank, unless it be so expressed on the face of the note.
Sec. 13. And be it further enacted, That the stockholders shall be liable for all notes issued or debts owing by said Bank in their individual characters, to the amount of their stock therein respectively.
Sec. 14. And be it further enacted, That if any person or persons shall be indebted to said corporation, as maker or endorser of any note, bill or bond, expressly made negociable and payable at said Bank, and shall delay payment thereof, it shall be lawful for the President of the Bank or of any branch as the case may require after having given thirty days notice thereof to move the circuit court of the county where said Bank is established or of the county where the branch may be, as the case may require, on producing to said court before whom the motion is made the certificate of the President of the Bank, or of the Branch (as the case may be) that the debt is really and bona fide the property of the Bank, for judgment.
Sec. 15. And be it further enacted, That the bills or notes of said corporation , originally made payable, or which shall have become payable on demand, in gold or silver coin, shall be receivable in all payments to the State of Alabama; and the public monies shall be therein deposited whenever lying inactive, so long as said Bank continues to pay specie for its notes.
Sec.16. And be it further enacted, That the State shall be and hereby is vested with full power authority to purchase all the shares or stock owned by any individual, body corporate, or co-partnership, after
ten years, from the time at which the Bank shall have gone into operation. And should the State make such purchase, it shall give the value and selling price at which such stock may be worth at the time of per centum above par; and in the event of the State making such purchase, it shall be the duty of the several stock holders to transfer and assign over all stock owned by them.
Sec. 17. And be it further enacted, That the State shall have the right, at all times hereafter of making such alterations, and amendments to this act, as may be deemed essential to the proper government and well being of said Bank.
Sec. 18. And be it further enacted, That this act shall commence and be in force from and after the passage thereof.
An Act to reduce into one, the several acts concerning Strays.
Section 1. Be it enacted by the Senate and House of Representatives of the States of Alabama in General Assembly convened, That every person who shall take up a stray which shall be found on his plantation or land, shall forthwith give information thereof to some Justice of the Peace for the county, and make oath before such Justice, that the same was taken up at his or her plantation or place of residence or his or her land adjoining the same, and that the marks of brands have not been defaced or altered since the taking up: and thereupon the said Justice shall issue his summons to two disinterested householders of the neighborhood, commanding them, after being duly sworn , to value and appraise the same without partiality, favor or affection, and certify the valuation under their hands, together with a particular description of the kind marks, brands, stature, color and age, which certificate shall be attested by the Justice and transmitted by him to the clerk of the County Court within ten days thereafter, to be by such clerk entered in a book to be kept for that purpose, for which the Justice and clerk shall each receive fifty cents, to be paid by the taker up: Provided, that if two or more strays of the same species are taken up by the same person, at the same time they shall be included in the same entry, and one advertisement, and the Justice and the clerk shall receive no more fees than for one of such strays.
Section 2. And be it further enacted, That when any stray as aforesaid shall be found dead, or shall have escaped, the taker up, shall without delay make report thereof to the clerk on oath, who shall make a memorandum of the same, in the margin of his book where the certificate of such stray was registered and the taker up shall not be answerable for the same, nor shall the taker up be liable for using said stray: Provided, the same shall not have been abused.
Section 3. And be it further enacted, That when any stray shall be proven away and the owner, and the taker up cannot agree as to expences, application may be made by either party, to the next Justice of the Peace, who shall require two householders of the neighborhood who shall have the privilege of appointing an umpire and adjust the dispute and their award shall be final.
Sec. 4. And be it further enacted, That if any person shall take or send away any stray out of this state on any pretence whatsoever for
or shall trade or sell the same under twelve months, he or she so offending shall forfeit and pay one hundred dollars, to be recovered in any court of this state having jurisdiction thereof, one half to the use of the informer and the other half to the use of the county wherein the offence shall have been committed; and moreover, shall pay the owner the amount of the appraisement of it no owner appear ten to the county, subject to the regulations as is hereafter ordered; under the sixth section of this act.
Sec. 5. And be it further enacted, That if any person shall take up or use a stray of whatever description, contrary to the meaning of this act, shall for every such offence, forfeit and pay one hundred dollars, recoverable with costs in any court of this state having jurisdiction thereof, one half to the county; and the other half to the person suing for the same.
Sec. 6. And be it further enacted, That the property of every stray or strays taken up as aforesaid, twelve months after such appraisement, and not proved away by the owner thereof shall be deemed vested in the taker up of the same: Provided nevertheless, that should the owner apply in five years, he shall receive the full amount of such appraised stray, one half from the taker up, and the other half from the county, after paying all reasonable expences: And provided also, that the person so taking up shall account for, and pay into the hands of the clerk of the county one half of the appraised value of all such strays, according to the true intent and meaning of this act; and if the taker up shall neglect to account with the said clerk for the same, he or she so failing, shall forfeit and pay the appraised value of all such strays, to be recovered by action of debt before any jurisdiction having cognizance thereof, and it shall be the duty of the clerk to commence suit respectively against all delinquents for the recovery of the same, and shall be entitled to receive five per centum on all money recovered, and received and the balance the said clerk is hereby required to pay over to the County Treasurer.
Sec. 7. And be it further enacted, That it shall and may be lawful for the former owners of any strays at any time on proving his property by one or more competent witnesses, to demand and receive from the County Treasurer one half of the value of any such strays appraised and accounted for as aforesaid deducting therefrom the Treasurer's commissions of two per centum for receiving and accounting for the same.
Sec. 8. And be it further enacted, That it shall be the duty of the taker up of any stray horse, mare or mule to cause the same to be exhibited on the first day of each term of the Circuit Court of the county, next succeeding the time at which such stray shall be taken up, from twelve, to four o'clock on each day; that the owner may have an opportunity of claiming his property.
Sec. 9. And be it further enacted, That the clerks of each county of this state shall keep a book in which he shall register all certificates of strays delivered to him, and file the same in regular order: It shall be his duty to cause a copy of the certificate of appraisement of every horse, mare, colt or mule to be published in the nearest newspaper three times. It moreover shall be the duty of the clerk to make out a fair and correct list of all strays, and affix the same at the door of the court house of their respective counties, on the first day of each term of the Circuit Court omitting such strays as are proven away, escaped or dead, under the penalty of five dollars for such neglect or omission. The clerk shall receive as fees of office for advertising any horse, mare
colt or mule, twenty five cents; and for every head of cattle, sheep or hogs six and one fourth cents; and for every search of the stray books, twelve and one half cents, to be paid by the person applying to search.
Sec. 10. And be it further enacted, That no cattle or sheep shall be taken up or posted in the months of April, May, June, July, August September or October, unless it be a cow with a young calf.
Sec. 11. And be it further enacted, That at any time within twelve months it may be lawful for the owner of any stray or strays taken up under the provisions of this act, to prove his or her property, by his or her own oath, or by the oath or affirmation of any other competent witness in the following manner, to wit. a certificate giving a particular discription of the stray or strays, so claimed shall be made out, giving the kind, marks, brands, stature, color or age of said stray or strays, as may be, which certificate shall be sworn to and subscribed before any Justice of the Peace, and delivered to the taker up, to be filed in the clerks office and the deliverer of said certificate as before mentioned, and payment, of all costs incured from the posting and keeping said stray or strays, shall deliver up the same to the proper owner.
Sec. 12. And be it further enacted, That in all cases of the division of counties, the stray or strays shall belong to the county wherein the same may be found, and shall be disposed of as other strays posted in county.
An Act to fix the seats of Justice permanently in the counties of St. Clair and Perry, and for other purposes.
Section 1. BE it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That it shall be the duty of the captains in each company beat in the county of St. Clair or in case of there being no captain in any company the military officer having an appointment of the next grade, to hold an election at their respective muster grounds under the inspection of two freeholders or householders chosen by the said officer for that purpose; on the last Saturday in January next, for the purpose of electing one person an inhabitant of the company beat in which such election is held, as commissioner, to fix the seat of justice in the said county of St. Clair.
Sec. 2. And be it further enacted, That the said captains or officers (as the case may be) shall give ten days notice by advertisement, at three public places in their respective companies, of the time and place of holding such election; and every person entitled by law to vote for a Senator or Representative of the legislature of the state, shall be deemed a qualified elector.
Sec. 3. And be it further enacted, That at the close of such elections, which shall be at five o'clock, the said officer conducting the same shall in presence of the inspectors, count out the tickets of ballots; and the person having the greatest number of votes shall be declared duly elected, and certified by the said officer and inspectors under their hands and seals: which certificates shall be returned by the said officers to the office of the clerk of said county, on the fourth day, after such elections are held : and it shall be the duty of the clerk, to record the same in his office.
Sec. 4. And be it further enacted, That the persons elected as aforesaid shall be deemed a board of commissioners, a majority of whom shall constitute a quorum to do business, whose duty it shall be to fix on the most eligible place in the said county for the seat of justice, having regard to natural conveniences and the interest of the county.
Sec. 5. And be it further enacted, That the commissioners elected under the provisions of this act, shall most at the place of holding courts in the said county of St. Clair, the tenth day after the return of their election to the clerk's office, and fix on a place for the permanent seat of justice for said county.
Sec. 6. And be it further enacted, That said commissioners shall have power to receive donation from any person or persons for the purposes of defraying the expense of the public buildings for the aforesaid county : and should not sufficient donations be made, to accomplish the object, the county court shall have power to levy a tax on all property now made taxable by law, to a sufficient amount to complete the public building, which tax shall be collected under the same regulations as other public taxes, and paid over by the collector thereof, to the said commissioners, who shall appropriate the same to the purposes of public buildings for the county.
Sec. 7. And be it further enacted, That the said commissioners shall after fixing the site aforesaid, proceed to the letting out a court-house, jail and other necessary public buildings to the lowest undertaker, giving thirty days public notice in the Tuskaloosa Republican, and at three public places in the county and taking bond with approved security, payable to the chief justice or chairman of the court for the faithful performance of the work, within the time by them fixed on and according to the plan by them given.
Sec. 8. And be it further enacted, That the said commissioners shall, before entering on the duties assigned to them in this act, take and subscribe the following oath, before some justice of the peace: "I, ________________ do solemnly swear, that I will in my capacity as commissioner, in fixing the seat of justice in the county of St. Clair, and the erection of the public buildings thereon, without favor or partaility and to the best interest of the county, to the best of my knowledge and judgment, so help me god."
Sec. 9. And be it further enacted, That Elisha F. King, Samuel D. Read, John Marton, James L. Beard, Thomas A. Perry, and Caleb Russell, be and they are hereby appointed commissioners, whose duty it shall be, to ascertain, whether a suitable site can be found, calculated for the seat of justice for Perry county, within three miles of the center thereof: which center shall be ascertained by the country surveyor for the said county, who is hereby, required to fix and ascertain said center. In case the said commissioners or any majority shall be of opinion, that a suitable situation for the seat of justice can be found within ten miles of the center of the said county, they are then directed and required to fix the seat of justice at the same.
Sec. 10. And be it further enacted, That if in the opinion of a majority of the aforesaid commissioners, there is no suitable place within three miles of the center of the said county, they are then directed and required to ascertain the nearest suitable site north of the said center, and the qualified electors of said county shall vote whether the seat of justice shall be at the place so ascertained by the said commissioners or at the present seat of justice for said county; and the place receiving the greatest number of votes, shall be the permanent seat of justice for Perry county.
Sec. 11. And be it further enacted, That in case the above election becomes necessary by reason of the commissioners not finding a place every way suitable within three miles of the center they shall immediately give notice to the sheriff of Perry county, informing him of the place they have chosen to be put in competition with the present seat of justice; whose duty it shall be immediately to advertise said election, giving one months notice; which said election shall in every other respect be managed and conducted as elections for representatives to the state legislature are; and no vote shall be counted which shall not be for one of the two places.
Sec. 12. And be it further enacted, That the said commissioners, before entering on their duties, shall take an oath before some justice of the peace for Perry county, for a faithful and impartial discharge of the same.
Sec. 13. And be it further enacted, That until suitable public buildings are erected at a different place, the different courts in said county shall be held at the present seat.
Sec. 14. And be it further enacted, That in addition to the election precincts already established in Perry county there shall be two others to wit; one of the house of James L. Beard, at Oldtown, and one at the house of William Woodly.
Sec. 15. And be it further enacted, That the said commissioners under the direction of the county court, shall be authorised and required to cause a court house and jail to be built in said county so soon as the site shall be fixed agreeably to this act. And the county court are hereby authorised to levy a tax in said county, not exceeding one half of the state tax in said county, for the year eighteen hundred and twenty one for carrying this act into effect.
Sec. 16. And be it further enacted, That all elections, held in pursuance of this act, shall commence at ten o'clock in the forenoon and close at five o'clock in the afternoon of the same day; and that all acts and parts of acts, contravening the provisions of this act, be, and the same are hereby repealed.
An Act concerning executions and sales by Sheriffs, and for other purposes.
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 fifteenth day of January next, one bed and furniture, one cow and calf, the necessary wearing apparel, three spinning wheels, one loom, six plates, six knives and forks, six spoons, one axe and one hoe, and also one fourth part of the provision in possession, in every family of this State shall remain free and exempt, from Execution, distress or levy, any law, custom or usage to the contrary notwithstanding.
Sec. 2. Be it further enacted, That it shall be the duty of the Sheriff in each county to sell all land and slaves taken in execution by him on the first Monday and following Tuesday and Wednesday in every month, and not otherwise, at the court-house door of his county, to the highest bidder; and no other than the legal title to land or other real estate shall hereafter be sold or conveyed by virtue of any execution.
Sec. 3. Be it further enacted, That the equitable title or claim to land or either real estate, shall hereafter be liable to the payment of
debts by suit in chancery and not otherwise; and when a bill be shall filed for that purpose, all persons concerned in interest shall be made parties thereto.
Sec. 4. Be it further enacted, That when personal estate shall be taken in execution, which is claimed by any other person, than the defendant therein, it shall be the duty of the sheriff, constable or other officer, to summon a jury of twelve good and lawful men to appear at the time and place fixed for the sale of such estate, to try the right thereof; and if the jury shall find the right to be in the defendant in the execution, the sheriff, constable or other officers shall proceed to sell the same, and shall not be liable to any action therefore; but if the right shall be found for the adverse claimant, no sale shall take place, unless the plaintiff will enter into bond with good and sufficient security, in double the amount of such execution, payable to said claimant, conditioned for the payment of all damages which such claimant may suffer or sustain, by the sale of the estate claimed as aforesaid.
Sec. 5. And be it further enacted, That an action of debt may be maintained on said bond, and the amount of the damages sustained by the obligee therein may be assessed by a jury, upon proper averment and proof of title in the plaintiff in such action as in actions of trespass for wrongfully taking said personal estate.
Sec. 6. Be it further enacted, That all acts and parts of acts contrary to the provisions of this act, shall be, and is hereby repealed.
An Act for the relief of certain Leeses of the School Lands in Madison County.
Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the lessees of the sixteenth section, fourth township, and second range, Madison county, the term of whose leases expires with the present year, be authorised to retain possession of the same until the first of January eighteen hundred and twenty two, without paying rent; Provided, the said leasees shall enter into bond with approved security to the acting trustee of the said sixteenth section to deliver at the expiration of the year eighteen hundred and twenty two, the houses in good repair, are the improved lands under good and sufficient fences.