An act to incorporate the Indian Creek Navigation Company.
Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That Leroy Pope, Thomas Fearne, Stephen s. Ewing, Henry Cook, and Samuel Hazard, be an they are hereby appointed commissioners with power to open books at the town of Huntsville and at such other place or places as they may think proper, and to receive subscription of stock in the Indian Creek Navigation Company in shares of fifty dollars each.
Sec. 2. And be it further enacted, That said subscribers shall be, and they are hereby created a body corporate and politic by the name and style of the "Indian Creek Navigation Company," with power to sue and be sued, plead and be impleaded in any court of record in this State, to have com-
mon seal and the same to break, alter and renew at pleasure, and also ordain establish, put in execution, such by laws, ordinances and regulations as they shall deem necessary and convenient for the government of the said corporation, not being contrary to the Constitution thereof or the laws of the United States or this State and generally to do 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 corporate bodies; subject nevertheless to the rules, regulations and restrictions hereinafter prescribed and declared and to purchase, hold and dispose of, for the benefit of said corporation, real, personal, and mixed estate, not exceeding double the amount of the stock subscribed.
Sec. 3. And be it further enacted, That for the management of the affairs of the said corporation , there shall be elected five directors annually in the town of Huntsville on the first Monday in May, in each year, by the stockholders. And the directors thus elected shall serve for one year, and the board of Directors annually, at the first meeting after their election shall proceed to elect one of the directors to be president of the corporation, who shall hold the said office during the same period for which the directors are elected as aforesaid. Provided always, that the first election of the directors and president of said corporation shall be at the time and for the period hereafter declared. And provided also, that in case it shall at any time happen that an election of Directors or an election of President of said company should not be made so 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 election, and the manner of holding the elections shall be regulated by the laws and ordinances of said corporation, and until such election be held, the president and directors of the company 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 this 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, removal from office or absence of a director, the vacancy may be supplied by a majority of the board.
Sec. 4. And be it further enacted, That as soon as the sum of ten thousand dollars shall be subscribed notice thereof shall be give by the commissioners in some newspaper published in the town of Huntsville and the said commissioners shall at the same time and in like manner notify a time and place in the said town of Huntsville at the distance of fifteen days from the time of such notification for proceeding to the election of five directors as aforesaid, and the election then and there made shall be lawful, and the persons who shall be elected as aforesaid, shall be the first directors of said company, and shall proceed to elect one of the directors to be president and the president and directors elected shall be capable of serving in their respective offices by virtue thereof until the end and expiration of the first day of May next ensuing said election, and they shall then and thenceforth commence and constitute the operations of said company.
Sec. 5. And be it further enacted, That the Directors for the time being shall have power to employ such officers and servants under them as shall be necessary for the executing the business of the said corporation and to allow them such compensation as may be fixed, prescribed, and determined by the laws, regulations and ordinances of the same. None but a stockholder, a resident citizen of the State shall be a director. And the Directors shall receive such compensation for their services as the stockholders at a general meeting shall assign them. Not less than three Directors shall constitute a board to do business, of whom the president shall always be one except in case of sickness, or necessary absence in which case his place may be supplied by another Director to whom he may by writing under his hand, depute for that purpose, and the Directors so deputed
may do and transact all the necessary business belonging to the office of the President of said corporation, during the continuance of the sickness or necessary absence of the President.
Sec. 6. And be it further enacted, That it shall be lawful for the Directors to call a general meeting of the stockholders, at any time they may deem it necessary and expedient, and a number of stockholders not less than five, who together shall be proprietors of fifty shares or upwards shall have power at any time to call a general meeting of the stockholders for purposes relative to the institution giving at least four weeks notice in a newspaper published in Huntsville, and specifying in such notice the objects of such meeting, the officers of the corporation shall previously to entering on the duties of their respective offices give bond with such security and in such form as the Directors shall require, conditioned for the faithful discharge of their duties respectively.
Sec. 7. And be it further enacted, That said corporation shall have power and authority to open and improve the navigation of Indian Creek, in Madison county, from the spring at Huntsville to the town of Triana at the mouth of said creek, by removing the obstructions therein, opening canal or canals or in such other mode or way as they may deem expedient: Provided, that no such improvement shall be made on the property of others without the written consent of the owner or owners obtained for that purpose.
Sec. 8. And be it further enacted, That if said corporation cannot obtain the consent of the owner or owners of land, through which said improvements may be necessary, it shall be lawful for said corporation to apply for and obtain a writ of ad quod damnum as in other cases to the Sheriffs of Madison county, whose duty it shall be to summon a jury of twelve freeholders in said county, and cause an inquest to be taken of the value of so much land as said corporation may require to be condemned for the purposes aforesaid, and all other damages which the owner thereof may sustain which inquest shall be returned to the county court of said county at the next succeeding term, and the clerk of said court shall at the request of the president of said corporation issue a summons or summonses directed to said Sheriff , directing him to summon the proprietor or proprietors of said land condemned as aforesaid to show cause why judgment should not be rendered by said county court, vesting the title of said land condemned as aforesaid in said corporation.
Sec. 9. And be it further enacted, That the said county court shall have power to confirm the inquisition of said jury or quash. the same for good cause shown, and if confirmed to vest the fee simple in said land, in the said President, Directors and Company, and their successors upon the payment of the amount or value of said land assessed by said jury as aforesaid.
Sec. 10. And be it further enacted, That if either party shall consider themselves aggrieved by the judgment of said court they shall have the right to pray an appeal to the next term of the supreme court which shall be granted by said county court upon the party praying the appeal entering into bond and security to be approved by said court, to prosecute such appeal with effect.
Sec. 11. And be it further enacted, That whenever said creek shall be rendered navigable for boats drawing ten inches water, and so long as said creek shall be kept thus navigable it shall be lawful for said corporation to demand and receive toll on all boats navigating the same between said town of Huntsville and Triana at the following rates; two dollars for every ton freight which such boat carries, provided that toll shall not be collected on boats running between Prout's Mill and Triana.
Sec. 12. And be it further enacted, That if any person shall obstruct said navigation by felling trees in said creek or otherwise, he, she or they, so offending shall forfeit and pay to said corporation double the amount of the damages which may be assessed by a jury in any court of record having jurisdiction thereof.
An act to provide for the Government of the town 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 free white male inhabitants of the age of twenty one who have resided in the town of Blakeley twelve months, or have become residents at the time of such election and paid taxes therein the year preceding that in which the election shall be held shall on the first Monday of December in each year, hold an election in said town; to commence at ten o'clock in the forenoon and to close at five o'clock in the afternoon and elect by ballot and a majority of votes five commissioners (three of whom shall constitute a quorum to do business;) Also, a Town Treasurer, and an Assessor and a Collector of taxes, to serve one year or until their successors be chosen. And the said commissioners shall within three days after such election in each year, meet and elect by ballot from their own number, a President. And the inhabitants of said town shall be and they are hereby constituted a body politic and corporate with perpetual succession by the name of "The President and commissioners of the Town of Blakeley;" and by that name they and their successors shall be capable in law, to sue and be sued, to plead and be impleaded, in all manner of suits and actions both in law and equity and to grant, receive and do all acts as natural persons, to purchase and hold real, persona, or mixed property for said town, to alien, sell and dispose of the same , or any part thereof, as to them may seem expedient for the benefit of said town and to have and use a common seal, which may be broken or altered at pleasure.
Sec. 2. And be it further enacted, That the limits and boundaries of said town shall continue to be and remain as they are already defined in a plan of said town recorded in the office of the clerk of the county court of Mobile; agreeably to an act of the Territorial Legislature, passed sixth of January, one thousand eight hundred and fourteen. And the corporation of said town are hereby vested with all the powers and rights, which the county court may have in respect to public highways and are hereby empowered to enforce the same within the limits of said town; and, the said corporation are hereby empower to take such measures from time to time, to lay out streets and alleys and to accept donations or grants of lots, squares and reserves for public purposes ( in addition to those already granted by the late Josiah Blakeley) as they may think expedient.
Sec.3. And be it further enacted, That the President and other officers in office on the first Monday in December in each year, shall remain in office until successors be elected and appointed: and it shall be the duty of the said five commissioners or such of them as may attend to preside at the annual election appointed to be held on the first Monday of December as aforesaid and to declare the persons duly elected; and when on counting the ballots there shall appear to be an equal number for two or more persons it shall be the duty of the Judges presiding at such election to declare which of said persons is duly elected; and in case the whole number of commissioners or any other officer authorized by this act to be elected on the first Monday of December shall not be then elected, or, if no election shall be had on that day, the President or presiding Commissioner so remaining in office than appoint another day by public notice given in said town, at least six days previous thereto, for holding an election for commissioners or any number thereof, or any other officer who may not have been elected as aforesaid, which election shall be held within one month after the first Monday of December in each year as aforesaid. Provided, that the first election which may be held under this act, may be held as aforesaid (the commissioners or any three of them now in office presiding as aforesaid) at any time before the first day of April next. And in case of the death resignation continued absence for six months, or removal from town of any one who may be elected commissioner Treasurer, Assessor or Collec-
tor, an election as in this section is above prescribed may be held to supply the vacancy.
Sec. 4. And be it further enacted, that the said five commissioners or a majority of those present shall have power and authority from time to time and at all times to make such acts, by-laws, ordinances, orders, and regulations, not inconsistent with the constitution of the United States and the constitution and laws of this State as to them may seem expedient for the government and regulation of the said town, and the benefit of its inhabitants; and the same to put in execution, revoke and alter; and to make, limit and impose reasonable sums, fines and amendments not exceeding fifty dollars in any one case, against all and upon all and every person or persons who may offend against this act or the acts, by-laws, ordinances, or regulations of the corporation; and the money recovered shall be appropriated as the corporation shall direct for the benefit of said town: Provided that this act and all the ordinances by-laws or orders of the corporation shall be subject to repeal by the General Assembly. And the President and commissioners shall have power to adjourn their meetings from time to time; unless sooner called together by a notice from the President. And the President shall notify a meeting when requested by one of the commissioners ; they shall keep a regular journal or record of their proceedings; and the record of the proceedings of each meeting shall be signed by the President or commissioner presiding at such meeting.
Sec. 5. And be it further enacted, That the election of the President shall be entered of record, and it shall be his duty to preside at all meetings of the commissioners; and in case of his absence or inability to attend any other member may be called to the chair, and perform the duties enjoined on the President. And in case of the refusal of any commissioner to accept the office of president on his election thereto, or of his death, resignation, inability, continued absence for six months or removal from town, the Board of Commissioners may elect another in his place, to serve the remainder of the term. And the President and each of the commissioners shall ex officio be Justices of the Peace within said town, so far only as it relates to carrying into effect all the ordinances, by-laws and regulations of the corporation . And all process and precepts shall be directed to the officer whose duty it may be made by said corporation to execute the same. And if any person considers himself aggrieved by the decision of the president or either of the commissioners he may appeal forthwith to the same authority and under the same regulations as in all cases triable by a justice of the Peace; And all trials shall take place at the office of the President and Commissioners.
Sec. 6. And be it further enacted, That in addition to the officers to be elected by virtue of this act, the said President and Commissioners shall have power to constitute and appoint such other officers, as they may from time to time think necessary; to hold their offices during the pleasure of the president and commissioners; and to be commissioned accordingly. And the Treasurer, Assessor, Collector and all other officers who may be appointed by the President and Commissioners shall enter into such bond with security to the Corporation as may be required of them, and shall receive such compensation for their services as may be fixed, and shall perform such duties as may be enjoined on them, and shall be liable to such fines for neglect of duty and misbehavior in office as may be imposed on them by the President and commissioners; and the bond or bonds, aforesaid for breach of any covenant contained therein, may be prosecuted in the name of the Corporation, in any court of record, as bonds usually are.
Sec. 7. And be it further enacted, That the said President and Commissioners shall have power and authority to raise such sum or sums of money as they may think necessary; which sum or sums shall be appropriated and disposed of for said town, as the said President and Commissioners shall direct: Provided, that the tax which may be assessed on property real and personal shall not in any one year exceed the sum of forty cents
for every hundred dollars value. And the tax on each poll shall not exceed three dollars per annum. And the amount which may remain due from any person or persons in any year for taxes may be added to or included in, the lists of the succeeding year or years and be collected by the then collector in the same manner as the taxes for such year. And the said corporation shall have power to sell to the highest bidder at public auction, any real estate in said town, for the arrears of taxes due thereon in the following manner. The person who will pay the tax due on the lot for the fewest number of feet front running back at right angles from the street to the back line of the lot shall be the purchase, and the President of the board of commissioners shall issue to the purchaser a certificate of such sale, acknowledging the receipt of the amount of tax paid and the cost of selling; and expressing also, that said lot or part of the lot so sold may be redeemed by the proprietor (at the time of such sale) at any time within two years from the date thereof upon the payment of said tax and cost, and ten per centum per annum thereon. And if the said proprietor shall fail to redeem as aforesaid, then said president shall convey to said purchaser or purchasers the lot of land sold as aforesaid. And the President and Commissioners shall have the power and exercise the privilege of granting licences from time to time in such manner for such purposes, and for such sums, as to them may seem expedient. And in the month of November annually, the Treasurer shall publish in some newspaper an account of the receipts and expenditures of said town for the preceding year.
Sec. 8. And be it further enacted, That every person elected or appointed by virtue of this act, to any office, shall before he enters on the duties thereof take and subscribe the following oath before some magistrate authorized by law to administer oaths, to wit: "I ........ ............ do solemnly swear, that I will execute the office of ---------------with impartiality to all persons, and agreeably to the best of my skill and judgment, So help me God." - A certificate of which shall be produced by the person taking such oath to be placed on the files of the corporation.
Sec. 9. And be it further enacted, That the act entitled "an act for the government of the town of Blakeley," be and is hereby repealed Provided, such repeal shall not affect any lawful proceedings had under said act.
Resolution appointing Commissioners to review and mark out a road from the military crossing of the Buttahatche to the falls of Tuskaloosa.
Resolved by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That John Casey, George Poe, Manly Files, _________ Eddy, and Isaac Adair, be and they or a majority of them, are hereby appointed commissioners, to review and mark out a road the nearest and best way from the military crossing of the Buttahatche river, to the falls of the Tuskaloosa: which commissioners, before they enter upon their duties, shall take and subscribe the usual oath directed to be taken by road commissioners and report their proceedings to the County Court of Marion and Tuskaloosa, whose duty it shall be, forthwith to cause such read to be opened according to the existing road laws.
Resolution authorising the payment of Chapley R. Wellborn.
Resolved by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the Treasurer be and he is hereby authorised and required to pay the Chapley R. Wellborn, the sum of sixteen dollars and eighty cents, as fees due to him by the state, as Jailor for Limestone county.
An act to incorporate the lower part of the Town of Tuskaloosa, on the south fraction of Section 21, of Township 21 in Range 10 west of the meridian of Huntsville.
Section 1. Be it enacted by the Senate and House of Representatives to the State of Alabama, in General Assembly convened, That the lower part of the town of Tuskaloosa, on the south fraction of Section, Number twenty one of Township Number twenty one, Range Number ten west of the meridian of Huntsville, and the citizens thereof be and they are hereby incorporated.
Sec. 2. And be it further enacted, That the aforesaid lower part of the town of Tuskaloosa shall be subject to the same restrictions and regulations and endowed with the same powers and privileges that the town of Montgomery is subject or entitled to by an act passed at Huntsville, December third eighteen hundred and nineteen entitled "an act to incorporate the town of Montgomery in the county of Montgomery," except that until the first Monday in January one thousand eight hundred and twenty two and until their successors be appointed in conformity with said act, Charles Lewen, Benjamin Cox, Gilbert Saltonstall, John J. Inge, Isaac Patrick, William M. Marr and Joshua Holbert be and they are hereby constituted a body corporate by the name and style, of "the Intendant and Council of the lower part of the town of Tuskaloosa," under which title they and their successors in office may sue and be sued, plead and be impleaded as is prescribed in the before recited act.