An Act giving jurisdiction to the Courts of certain Counties.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the circuit court of Cotaco, shall have jurisdiction, and the county shall embrace all that tract of country lying west of Willstown valley and belonging to the Cherokee nation of Indians. And the county of St. Clair shall embrace all the tract of country belonging to the Cherokee nation of Indians in Willstown valley and cast of the same.

Sec. 2. And be it further enacted, That the expenses of prosecuting and supporting criminals who are prosecuted for offences committed on Indian lands shall be paid out of the contingent fund, upon a certificate of the Judge, made out as in cases now provided for by law.

Sec. 3. And be it further enacted. That all acts and parts of acts, contravening this act, shall be, and the same are hereby repealed.

[Approved Dec. 20, 1820.]


77

An Act to indemnify Jack F. Ross, Treasurer of this State.

WHEREAS it appears to the satisfaction of this General Assembly, that in December eighteen hundred and eighteen the dwelling and store house of Jack F. Ros was consumed by fire; together with six hundred and six dollars and thirty five cents belonging to the Treasury of this State, by which calamity the said Ross sustained damage in property to very large amount, and which loss could not have been prevented by any human prudence, therefore.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the said Jack F. Ros is hereby exonerated from the payment of the said sum of six hundred and six dollars and thirty five cents being the amount consumed as aforesaid.

[Approved December 18, 1820.]

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An Act to change the names of, and legitimate certain persons therein named.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the names of Adaline Robertson, Ira B. Robertson, Alfred K. Robertson, Thomas C. Robertson and Charles B. Robertson, be changed from that of Adaline Robertson, Ira B. Robertson, Alfred K. Robertson, Thomas C. Robertson, and Charles B. Robertson, to that of Adaline Dement, Ira B. Dement, Alfred K. Dement, Thomas C. Dement, and Charles B. Dement.

Sec. 2. And be it further enacted by the authority aforesaid, That Adaline Dement, Ira B. Dement, Alfred K, Dement, Thomas C. Dement, and Charles B. Dement, natural children of Thomas M. Dement be and they are hereby legitimated.

[Approved, Nov. 24, 1820.]

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An Act declaring that part of Limestone, leading from Mooresville to the Tennessee River, a public highway, 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 the stream running from Mooresville into the Tennessee River is hereby declared a public highway.

Sec. 2. Be it further enacted, That if any person or persons, shall in any wise, obstruct, but cutting or falling any tree or trees (without immediately removing the same) within the said stream, or, in any wise obstruct the navigation thereof, such person or persons shall forfeit and pay the sum of five dollars for every such offence, and the further sum of three dollars for every day the same may be suffered to remain in said stream, to be recovered in any court having cognizance thereof, one half to the person suing for the same, and the other half to the county.

Sec. 3. And be it further enacted, That, Flint River, in Madison county from its confluence with the Tennessee River, up the same to the first mill commonly called Brown's or Scott's Mills, and the River Paintrock in Jackson county from its confluence with the Tennessee to Fletcher's Mil, be and they are hereby declared to be public highways. And any person obstructing the same or either of them, between the points herein mentioned and declared public highways, by falling trees, logs, or otherwise, shall be liable to all the pains and penalties and recoverable in the same manner as are prescribed in the second section of this act.

[Approved Dec. 14, 1820.]


78

An Act amendatory to an act, passed by the Legislature of Alabama,at Huntsville, the 16th Dec. 1819, entitled an act to establish a public road therein named.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That Hance M. Cunningham, William Russell and Hanby Files, be, and they are hereby appointed commissioners to view a road cut our and opened by John Byler, and his associates under provisions of the above recited act; to confer with the said John Byler and his associates, and ascertain the expense which has been incurred in the opening said road, and the probable expense which may accrue from the completion of the same: and also to take into consideration the present rates of turnpikage as allowed by law; and report the result of their proceedings and deliberations to the next General Assembly for which service, they shall received two dollars for each and every day they may be necessarily employed in the duties above assigned them, to be paid by the said John Byler and his associated.

Sec. 2. And be it further enacted, That the county court of Lauderdale at their next session, after the first day of January, one thousand eight hundred and twenty-one, appoint five commissioners, to view out a road leading the nearest and best way from the foot of the muscle shoals to intersect the military road in a direction from Columbia, and report to the next succeeding court, who shall order the same to be opened and kept in repair, according to the existing laws respecting public roads.

[Approved, December 20, 1820.]

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An act to establish the seat of Justice in Blount county, 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 the permanent site for the seat of Justice for Blount county, is hereby established in the town of Blountsville.

Sec. 2. And be it further enacted, That John Fowler, Richard Yeelding, Lewis Johnson, Joseph H. Mead, and John Gilbraith be, and they are hereby appointed commissioners to superintend the public buildings for said county.

Sec. 3. And be it further enacted, That the commissioners aforesaid, be, and they are hereby authorised to draw on the county treasurer, for the county of Blount, for such sum or sums of money as the county court of said county may think proper to allow them, to be appropriated to the building a court house and jail, for said county.

[Approved, December 18, 1820.]

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An act to lay taxes on the inhabitants of Washington county.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the county court of Washington county, be, and they are hereby authorised, in addition to the tax now authorised by law to lay on the inhabitants of said county, not exceeding one fourth of the State tax; which said tax shall be assessed and collected in conformity with the laws regulating the assessing and collection of taxes now in force.

Sec. 2. And be it further enacted, That so much of the said tax as may be necessary, shall be applied to the payment of the bridges built over the Sinta Bogue, and Pine Barren creeks, in conformity with an act to the legislature of the Alabama territory entitled an act, authorising the building of bridges over Sinta Bogue, and Pine Barren creeks in Washington county passed 13th February, 1818.

[Approved, December 20th, 1820.]


79

An Act concerning Divorce.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the several circuit courts of this State, shall be and they are hereby invested with power and jurisdiction to decree divorces in the manner hereinafter mentioned, and in the following cases, that is to say: In favour of the husband where his wife shall have been taken in adultery, or voluntarily left his bed and board, for the space of two years, with intention of abandonment, or where she shall have abandoned him and lived in adultery with another man, or other men. And in favour of the wife, where her husband shall have left her for the space of two years with intention of abandonment, or where he shall have abandoned her and lived in adultery with another woman or with other women, or where his treatment to her is so cruel, barbarous, and inhuman, as actually to endanger her life.

Sec. 2. And be it further enacted, That in the cases before mentioned, the party desirous of obtaining a divorce, may apply to the circuit court of that county, in which he or she resides, by a bill in chancery, stating the grounds of the application, on which such proceedings shall be had as are usual in other suits in chancery.

Sec. 3. And be it further enacted, That if the court shall be satisfied that the defendant is not a resident of this State, order of publication shall be made as in other cases of non-resident defendants, except that the order shall succinctly state the object of the bill.

Sec. 4. And be it further enacted, That the defendant may appear and answer the complainants bill without oath, denying the allegations thereof, or if the defendant shall fail to appear and answer, the cause may be set down for trial, but the bill shall not be taken from confessed, but proof shall be required to support the allegations thereof, as in cases where they are decided by answer.

Sec. 5. And be it further enacted, That the court may pronounce a decree for a divorce, according to the provisions of this act, but such decree shall not operate so as to release the offending party, who shall remain nevertheless subject to all the pains and penalties which the law prescribed against a marriage where a former wife or husband is living.

Sec. 6. And be it further enacted, That the court pronouncing the decree of divorce, shall also decree and order a division of the estate of the parties, in such way as to them shall seem just and right, having due regard to the rights of each party and their children, if any: Provided however, that nothing herein contained, shall be construed to compel either party to divest him or herself of the title to real estate.

Sec. 7. And be it further enacted, That pending a suit for a divorce, the court may make such temporary orders respecting the property and parties as they shall deem equitable.

Sec. 8. And be it further enacted, That when a decree shall be rendered for a divorce, it shall be the duty of such court to make out at the request of the party in whose favour the decree is rendered, a complete copy of the record, and evidence in said suit, which shall be certified by said clerk, and by him seated up and directed to the Speaker of the House of Representatives of the State of Alabama, and endorsed thereon that it is a decree for a divorce; which decree and proceedings shall be delivered to said Speaker, by the party, or his or her attorney, applying for the same within and during the causing session of the Legislature.


80

Sec. 9. And be it further enacted, That it shall be the duty of the Speaker of the House of Representatives in the presence of the members of the house to open such record, and cause the same to be read and proceeded on according to the constitution of the State Alabama.

[Approved, December 21, 1820.]

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An Act to authorize the County Court of Conecuh County to levy a tax for building a Court-House and jail in said county, and for other purposes therein mentioned.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the county court of Conecuh, be and is hereby authorized and required to lay a tax on all persons and property in sad county subject to taxation, not exceeding one third of the state tax, which shall be collected by the tax collector in the same manner, and for the same compensation that the state tax is collected, and paid into the county treasury.

Sec. 2. And be it further enacted, That the county court of the aforesaid county of Conecuh, be, and is hereby authorized and required to appropriate for the building such court house and jail as may have been contracted for, and also for other county purposes, all the monies that shall be collected in pursuance of the preceding section.

Sec. 3. And be it further enacted, That the election precinct pointed out by law at William brewers, be, and the same is hereby discontinued, and instead thereof, Cumming's mill be and is hereby made an election precincts in Conecuh County.

Sec. 4. And be it further enacted, That the town of Sparta shall be, and remain the permanent seat of Justice for the aforesaid county of Conecuh.

Sec. 5. And be it further enacted, That the county courts of the counties of Butler and Henry respectively, be, and they are hereby authorized and required to lay a tax on all persons and property subject to taxation in the aforesaid counties respectively to be collected under the same regulations as are provided in the first section of this act respecting Conecuh county, which monies when collected shall be paid by the tax collector into the county treasury, and shall be appropriated by the said county courts respectively to county purposes.

Sec. 6. And be it further enacted, That the commissioners heretofore appointed to fix upon a seat of justice for Butler County be and they or a majority of the, are hereby authorized to lay off such number of lots of the lands that they may or shall have procured for that purposes, and to dispose of the same, in such manner as they may think most expedient for the benefit of said county.

Sec. 7. And be it further enacted, That there shall be an election precinct at the house of Hartwell Elder in addition to those heretofore appointed in Butler county.

[Approved Dec. 7, 1820.]

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An act to authorise Killis Walton to emancipate a negro man named Tom.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That Killis Walton, of Lawrence county, be, and he is hereby authorised and empowered to emancipate and set free a negro man slave, aged forty years, named Tom, so soon as the said Killis Walton, shall have executed to the chairman, or chief justice of the county court of Lawrence, and his successors it office, a bond, with sufficient security, to be approved by the county court, conditioned, that said negro man slave Tom, shall never become chargeable to this State, or any county or town within the same.

[Approved, December 11, 1820.]