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An Act to incorporate the town of Erie in the county of Greene.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That all that tract of country situate on the east bank of the Tuscaloosa River in range three east, an township twenty, including all of the town known by the name of Erie agreeably to the plan of the same as adopted by the proprietors thereof, is hereby incorporated and shall be called and known by the name of Erie.

Sec. 2. And be it further enacted, That James A. Torbert, Thomas H. Herndon, Francis T. Gaines, Durret White, Anthony D. Kinnard, Howell L. Kennon, and Hiram Shortridge be, and the same are hereby constituted a body corporate, by the name and style of the Intendant and Council of the Town of Erie, who shall hold their office until the first Monday in January, one thousand eight hundred and twenty two. An the said corporation, is hereby endowed with the same power, and privileges, and shall be subject to the same restrictions and regulations, and in all their proceedings, shall be governed in the same manner as is provided for in an act entitled an act to incorporate the town of Montgomery, in the county of Montgomery, passed at Huntsville the third day of December, Anno Domini eighteen hundred and nineteen.

[Approved, December 18th, 1820.]

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An Act to authorize Lemuel Mead to emancipate a Negro man Slave named Richmond.

Section 1. BE it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That Lemuel Mead, of the County of Madison, be, and he is hereby authorized and empowered to emancipate a certain negro man slave called Richmond Richardson, so soon as the same Lemuel Mead, shall have executed to the chief Justice of Chairman of the county court of Madison and his successors in office a bond with sufficient security to be approved by the county court, conditioned that the said negro man Richmond, commonly called Richmond Richardson, so liberated shall not become chargeable to this State, or any county or town within the same.

[Approved, Dec. 4th, 1820.]

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An Act to authorize John N. S. Jones and Alexander P. Jones to emancipate certain slaves therein named.

Section 1. BE it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That John N. S. Jones and Alexander P. Jones of the county of Madison, be and they are hereby authorized and empowered to manumit and set free a mulatto woman, named Elizabeth, aged forty years; a mulatto girl, named Evelina, aged thirteen years; a mulatto girl named Ann, aged six years; and a mulatto child, named Shandy, aged three years, so soon as the said John N. S. Jones, and Alexander P. Jones shall have executed to the Chief Justice of the county court of Madison county and his successors in office, a bond with sufficient security to be approved of by the County Court; conditioned, that the said slaves, Elizabeth, Evelina, Ann and Shandy, or either of them shall never become chargeable to the state of Alabama or any Court or Town therein.

[Approved, Dec. 11th, 1820.]


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An Act prescribing the mode of making out and authenticating accounts against this state.

WHEREAS from the vague and indefinite manner in which accounts are made out against the state, and the unsatisfactory manner in which they are usually attested, many frauds may be practised and errors committed in the settlement of the same: Therefore

Section 1. BE it enacted the Senate and House of Representatives of the State of Alabama in General Assembly convened, That from and after the passage of this act, all accounts exhibited against this state have every charge distinctly made out and clearly defined and shall be transmitted to the Comptroller of public accounts on or before the first day of October in each and ever year, and it shall be his duty to audit the same and make his remarks on each and lay them before the Legislature within tend days after their meeting.

Sec. 2. Be it further enacted, That from and after the passing of this act, all accounts against this state shall be certified by such officers only as are known to the law, and who directed the respective duties and services to be performed for the public; and said accounts shall also be attested, which attestation shall be subscribed by the party making the demand, and to be as follows:------------ County: Personally appeared A. B. before me C. D. who after being duly sworn saith that the above, or within the account of ______ dollars ______ cents is truly and justly due him from the state of Alabama, and that he has never received any part thereof, either by discount or otherwise, directly or indirectly -witness my hand------ . B. Sworn to before me this -----day of -------- C. D. Justice of the peace.

Sec. 7. Be it further enacted, That hereafter all accounts not made out and authenticated according to the provisions of this act, shall not be paid, until the same is done according to the requisitions of this act.

[Approved, Dec. 20th, 1820.]

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An Act to change the name of the County of Cahawba, to that of Bibb.

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 passage of this act the county of Cahawba shall be called and known by the name of Bibb.

Sec. 2. Be it further enacted, That all rights, actions prosecutions, claims and contracts as well of individuals as of bodies corporate shall continue as if no change in the name of the county of Cahawba had taken place, and all process running in the name of the county of Cahawba shall hereafter run in the name of the county of Bibb.

Sec. 3. Be it further enacted, That all officers both civil and military, holding commission or appointments in the said county of Cahawba, continue the same in the county of Bibb, during their legal or constitutional period.

Sec. 4. Be it further enacted, That all laws and parts of laws relating to the county of Cahawba, shall be construed to relate to the county of Bibb.

Sec. 6. Be it further enacted, That all laws parts of laws relating to the county of Cahawba, shall be construed to relate to the county of Bibb.

Sec. 5. Be it further enacted, That all acts and parts of acts contrary to the provisions of this act be and the same are hereby repealed.

[Approved, December 4, 1820.]


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An Act for the relief of Securities.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That in all cases where suit is, or may hereafter be brought on any joint, or joint and several bond, or note, and but one of the obligors, or payors, shall be served with process, it shall and may be lawful for such obligor, or payor, to give notice in writing to the other obligors, or payors, ten days before the trial term of said suit, that he has been sued on such bond, or note, and that he will, at the time when said suite is tried against him move the court where such suite is depending, for judgment against him or them. And it shall be the duty of said court, upon sufficient proof, to give judgment according to the right and justice of the case, and direct execution to issue either for the obligee or payee, in such bond or note, or for the plaintiff in the motion, as may best comport with the justice of the case, and rights of the parties, and with such endorsements as may be necessary to effect the object; and the executions in both cases, shall be put into the hands of the sheriff or other officer at the same time.

Sec. 2. And be it further enacted, That in all cases of motions being made as aforesaid, the defendant therein may plead any plea which may be necessary to try the cause, according to the right and justice thereof, and a jury, shall be empanelled to try the issue joined between the parties as in other cases.

[Approved, December 18, 1820.]

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An Act amendatory of an act, entitled an act, to provide for the sale of lots in the town of Cahawba, and for other purposes. And of an act, entitled an act providing for the temporary and permanent seat of government.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That on all lots already sold or hereafter to be sold in the town of Cahawba, by the Governor, for the benefit of the State, under the provisions of an act, entitled "An act, to provide for the sale of lots in the town of Cahawba, and for other purposes." And of an act, entitled "an act, providing for the temporary and permanent seat of government," interest shall not accrue to the State only from the time the payments respectively become due, and shall be demanded and exacted on each payment, only at the rate of eight per centum.

Sec. 2. And be it further enacted, That all acts and parts of acts repugnant to, or inconsistent with this act or any part thereof be, and the same are hereby repealed.

[Approved, November 14, 1820.]

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An Act to prevent obstructing or diverting from the natural channel, any water course which would otherwise flow through the land of any person.

Sec. 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 passing of this act, it shall not be lawful for any person or persons, under any pretence whatever, to obstruct or divert any stream of water from its natural channel, which would otherwise flow through the land of any other person.

Sec. 2. And be it further enacted, That if any person shall violate the provisions of this act, he shall be liable to the action of the party aggrieved thereby.

[Approved, Dec. 18, 1820.]


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An act for the government of the port and harbour of Blakeley.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the President and Commissioners of the town of Blakeley be, and they are hereby authorized to appoint from time to time, as often as may be requisite, some proper person to be harbour master of the part of Blakeley, and who shall before he enters upon the duties of his office take an oath before a Justice of the Peace, or either of the Justices of the county court, truly, faithfully and impartially to execute the duties required of him by this act.

Sec. 2. And be it further enacted, That the said harbour master shall have authority to regulate and station all ships and vessels of every kind in the harbour of Blakeley, within the limits of the corporation of said town, and at the wharves thereof, and also in the rivers Tensa and Appalache, within any distance not exceeding two miles from the foot of Washington street in said town, and to remove from time to time, such ships or vessels as are not employed in receiving or discharging their cargoes to make room for such others as require to be immediately accommodated, for the purpose of receiving and discharging theirs; and as to the fact of their being fairly and actually employed in receiving and discharging their cargoes; the said harbour master is hereby constituted the sole judge, and the said harbor master shall have authority to determine how far and in what instances it shall be the duty of the master and others having charge of ships and vessels, to accommodate each other in their respective stations; and if any master or other person shall resist or oppose the said harbor master in the execution of the duties of his office, such master or other persons having charge of any ship or vessel, or other persons whatsoever, shall for every such offence forfeit and pay the sum of fifty dollars, to be recovered with costs of suit, in the name of the President and Commissioners of the town of Blakeley, before any court having cognizance thereof, all of which fines when collected, shall be paid to the Treasurer of the said town for the use, and benefit of the inhabitants thereof.

Sec. 3. And be it further enacted, That it shall be the duty of the said harbour master, to superintend and enforce the execution of the laws of this State, and the ordinances of the President and commissoners of the town of Blakeley, for preventing and removing all nuisances whatsoever, on and about the wharves, within the corporate limits of said town, and also to cause to be extinguished whenever he may think it necessary, all or any fires that may be made upon any of the wharves within said limits.

Sec. 4. And be it further enacted, That the said harbour master in case of sickness or temporary absence shall have power to appoint a deputy, and the same to remove or displace, and to appoint another in his room.

Sec. 5. And be it further enacted, That the said harbour master shall have power to demand and receive from the commander; owner, or consignees, or either of the, of every ship or vessel that may enter the port of Blakeley and load, unload or make fast to any of the wharves within the limits of said town, at and after the rate of three cents per ton, to be computed from the tonage expressed in the registers of such ships or vessels respectively, and no more; Provided always, that owners, masters or consignees of flats, keel-boats, or other

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craft which may be employed in the river trade shall not be obliged to pay the said fees to the harbour master; but upon application of any person having charge of such flat, keel-boat, or other river craft; the said harbour master shall interfere and adjust any difference respecting the situation or position of such flat, keel-boat, or other river craft: which differences the said harbour master is hereby authorized to hear and determine. And the said harbour master may demand and recover in manner aforesaid, from the party in fault, in the premises, the sum of two dollars for adjusting such difference, and no more.

Sec. 6. And be it further enacted, That the President and commissioners of the town of Blakeley, be, and they are hereby authorised to appoint as often as shall be necessary, one fit and proper person to be master, and three other fit and proper persons to be wardens of the said port of Blakeley, who shall be called the master and wardens of the port of Blakeley. And the master and wardens hereafter to be appointed, shall, before they enter upon the duties of their said offices, severally, take an oath before a justice of the peace, or either of the justices of the county court, truly faithfully and impartially, to execute the powers and duties enjoined on them by law, as master or warden, (as the case may be) of the port of Blakeley.

Sec. 7. And be it further enacted, That the said harbour master and wardens, shall keep an office in the town of Blakeley, and shall cause to be made, in a book to be kept for that purpose, an entry of all their proceedings by virtue of this act, to which all persons may have recourse. And the said master and wardens, or any one of them, shall if called upon, by the person commanding any ship or vessel arriving from sea, inspect the manner in which the hatches of such ship or vessel were secured, previous to opening thereof, for the purpose of discharging, and shall be present at the opening of the same; and shall upon every such survey, certify under his hand, how the said hatches appeared to him: for which certificate he shall be entitled to two dollars. And the said masters and wardens, or any two of them, shall be surveyors of damages goods, brought into the part of Blakeley in any ship or vessel, and with the assistance of one or more skilful carpenters, shall be surveyors of any damages vessels, and any vessel deemed unfit to proceed to sea: and they shall upon every such survey, certify under their hands how the vessel or vessels so surveyed appeared to them; and shall cause entries to be made in a book to be kept aforesaid; and for each certificate and entry they shall be entitled to two dollars, and for every duplicate thereof, to one dollars. And the said master and wardens shall severally be entitled to receive for their services as surveyors of damaged good or vessels, at the rate of three dollars per day. And it shall solely belong to the said master and wardens, or any two of them, to order, and direct the sale of damaged goods by public auction, giving notice of such public sale, at least three days before such sale is to take place, in some newspaper published in the county of Mobile, or by posting up notice of such sale in two of the most public places in said county; and at least two of said wardens shall be present at such pubic sale, and shall certify to the truth of the account of sales of the auctioneer, by whom such damaged gods may be sold; and for such attendance and certificate the said master and wardens shall be entitled to the sum of eight dollars.

[Approved, December 20, 1820.]


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An Act to incorporate the town of Claiborne.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the town of Claiborne, in the county of Monroe, be, and the same is hereby incorporated, and all that tract of land included in the plan of said town, by the general government, be, and the same is hereby declared to be within the limits of the same in conformity to said plan.

Sec. 2. And be it further enacted, That on the first Monday in January in each and every year, an election for seven councillors shall be held at some convenient and public place in said town, who shall serve for the term of one year after they have been elected; which elections shall be conducted by any two of the then acting councillors; and the councillors elected shall on the day succeeding their election in each and every year, meet and elect by a majority of votes from their own body an Intendant, whose duty it shall be to preside at all meetings of the councillors, and in his absence or incapacity to attend, any member may be called to the chair. A majority of said board of councillors shall be competent to do business; and the said board is hereby constituted and declared to be a body politic and corporate, by the name of the Intendant and Council of the tow of Claiborne, and by that name shall have and enjoy all the rights, powers and privileges, and be subject to all the liabilities that are incident to bodies corporate.

Sec. 3. And be it further enacted, That the same corporate shall have full and complete powers to make bye laws and ordinances, of whatever kind, and upon whatever subjects to them may seem right and proper for the good government of the said town, and to affix such fines and penalties as may be deemed necessary to enforce the same, not contrary to the constitution and laws of this State and of the United States.

Sec. 4. And be it further enacted, That the said corporation shall have full and ample power to raise suitable revenue to carry into effect all the objects of the corporation, by designating and declaring by ordinance, what property shall be subject to taxation in what sums, and in what manner the same shall be assessed and collected.

Sec. 5. And be it further enacted, That the said corporation shall appoint a town marshal, and such other officers as may be deemed necessary.

Sec. 6. And be it further enacted, That the said Intendant and each of the said councillors, shall ex-officio be vested with all the powers and authorities that justices of the peace are, by the laws of this state, and shall and may exercise the same within the limits of said town, and the said marshal shall ex-officio be constable and be vested with all the powers and authorities, that constables of the county are by the laws of this State within the limits of said town; and the said Intendant and councillors shall be liable to the same penalties and restrictions as justices of the peace are; and the marshal shall be liable in like manner as are constables.

Sec. 7. And be it further enacted, That if vacancies occur in the said board of councillors, such vacancy shall be filled by the remaining members of the board, and the manner or members so added shall continue in office until the succeeding annual election. And the Intendant, councillors, and other officers shall continue in office until their successors are qualified.


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Sec. 8. And be it further enacted, That the said Intendant, members, councillors, and other officers, shall before they enter upon the duties of their respective offices, take an oath before some person qualified to administer the same, faithfully and correctly to discharge the duties to them committed according to their best abilities, without favour or partiality.

Sec. 9. And be it further enacted, That the same corporate shall have power to appoint patrols within the limits of the said town, whenever it may appear to them to be necessary, and to impose fines and penalties for the non-performance of the duties prescribed for said patrols.

Sec. 10. And be it further enacted, That James Simpson, Benjamin Evans and James Dellett, jr. be appointed commissioners to approve of securities required to be given by the officers appointed under and by virtue of this act.

[Approved, December 20, 1820.]