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AN ACT

To complete Ferdinand Sannoner for a Map 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 the sum of one hundred and twenty dollars be, and the same is hereby allowed to Ferdinand Sannoner, for a manuscript map of the state of Alabama, made from actual survey, at the request of the Governor of this state, to be paid out of any money in the treasury, not otherwise appropriated; for which sum the comptroller of public accounts is hereby required to issue his warrant in favor of said Sannoner.

(Approved, Dec. 31, 1823.)


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AN ACT

Allowing a certain Salery to the Judge of the County Court of Mobile.

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 judge of the county court for the county of Mobile, shall be entitled to receive as his salary, the revenue arising from the taxing of billiard tables within the city of Mobile.

Sec. 2. Be it further enacted, That from and after the passage of this act, it shall and may be lawful for any person or persons, within the corporate limits of the city of Mobile, to keep a billiard table or tables: Provided, he, she or they, will well and truly pay to the tax collector of the said county, the sum of one hundred and fifty dollars, on or before the first day of December in each and every year, as a tax for the privilege of keeping such table.

Sec. 3. And be it further enacted, That before any person or persons shall avail themselves of any of the privileges of this act, he she or they, shall first apply to the judge of the county court aforesaid, for a license to keep such table, giving at the same time a bond with approved security to the said judge, in double the amount of said tax, for the faithful payment of said tax, on or before the term provided for in this act.

Sec. 4. And be it further enacted, That it shall be the duty of the said tax collector to pay to the said judge, the taxes collected as aforesaid, immediately on collecting the same; and on failure to do so, he shall be liable as in other cases of neglect of default, to pay over monies received on account of taxes due the state.

Sec. 5. Be it further enacted, That the collector shall deduct his fees from the aforesaid tax collected by him, in the manner and be allowed the same per cent. as he is allowed for collecting the state tax.

Sec. 6. Be it further enacted, That should the tax on billiard tables amount to more than one thousand dollars, as aforesaid, it shall be the duty of the tax collector to pay the amount above the sum of one thousand dollars into the state treasury as in other cases.

(Approved, Dec. 31, 1823.)

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AN ACT

To allow Henry Hitchcock compensation for superintending the printing the Digest, and making the Index for the same.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That an appropriation of twelve hundred dollars be, and the same is hereby made for Henry Hitchcock, for his expenses in travelling to, and from the city of New York and superintending the printing and correcting the manuscript copy of the Digest of this state, and making the index for the same. And the comptroller of this state is hereby


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authorized and required to issue his warrant on the Treasury for the same; which shall be paid out of any moneys in the Treasury not otherwise appropriated.

Sec. 2. And be it further enacted by the authority aforesaid, That the legal representatives of Harry Toulmin, deceased, be allowed the sum of one hundred dollars, for furnishing a table of contents to the Digest of the laws of this state, and for other services.

Sec. 3. And be it further enacted, That the aforesaid sum shall be considered a full and complete satisfaction for all labors and services which the said Harry Toulmin has performed, towards digesting the laws of the state of Alabama, and furnishing the table of contents for the same.

[Approved, Dec. 30, 1823.]

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AN ACT

Appropriating the fines and forfeitures, accruing in Madison County, to the benefit of Green Academy.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That all fines and forfeitures accruing to the county of Madison, in the circuit or county courts for said county, for five years from and after the first day of January next, shall be virtue of this act be vested in the president and trustees of Green Academy, in the said county of Madison, and their successors.

Sec. 2. Be it further enacted, That it shall be the duty of the sheriff for Madison county, or the clerk of either of said courts, as the case may be, to pay over to the treasurer appointed by the trustees of said Academy, for the time being and his successors in office, all such sums of money as he may receive on account of fines and forfeitures hereafter accruing as aforesaid: Provided nevertheless, That the sheriff of said county is hereby authorized to pay to Thomas Phillips of said county, the sum of four hundred dollars, in full satisfaction for a certain negro man slave who was killed by the fall of a tree in cutting out a public road in said county, out of the first moneys by him collected.

(Approved, Dec. 31, 1823)

________

AN ACT

To regulate the Commissions of Assessors and Tax Collectors in this State.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the assessor and tax collector in each and every county in this state, excepting the counties therein after named, shall receive the following compensation for assessing, collecting and accounting for the taxes by them collected, to wit: Twenty per cent, on the first four hundred dollars: ten per cent on the next six hundred dollars; six per cent, on the next thousand dollars; five per cent, on the next thousand dollars; and three per cent, on all sums over and above three thousand dollars; and five per


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cent. for collecting the county tax: Provided nevertheless, That the tax collectors for the counties of Pike, Henry, Covington, Shelby, St. Clair, Pickens, Marion, Decatur, Blount, Jackson and Walker, shall receive the same compensation as is allowed by an act, entitled an act to provide for assessing and collecting the taxes of this state, passed the seventeenth day of December, eighteen hundred and twenty-one, and five per cent. for collecting and paying over the county tax.

Sec. 2. And be it further enacted, That the judge of the county court and commissioners of road and revenue for the county of Dallas, be and they are hereby authorized to levy a county tax, in addition to the tax which they are now authorized to levy, of twenty-five per cent. on the state tax, if so much be necessary, for the purpose of paying for building the public county jail in said county.

Sec. 3. And be it further enacted, That hereafter it shall be the duty of the judge of the county court and commissioners of roads and revenue in this state, to cause the treasurers of their respective counties, as often as once a year to make out a report of the situation of the county treasury, stating particularly what monies have been received by them during the preceding year, and from what source, and how disposed of; a copy of which report shall be filed in the office of the clerk of the county court, and published in a public newspaper, if there be one in such county; and also a fair copy to be placed on the court house door of the respective counties.

(Approved, Dec. 30, 1823.)

________

AN ACT

For the relief of Thomas C. Jones.

Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That Thomas C. Jones be restored to all the rights and privilege of citizenship in this state, as fully and completely as though he had never forfeited the same; any law to the contrary notwithstanding.

(Approved, Dec. 31, 1823.)

_________

AN ACT

For the relief of the People of the State of Alabama.

Whereas it consists with a just and liberal policy to afford relief to any portion of the people who labor under particular and unexpected grievances, arising from general legislation; and whereas the good people of the northern part of the state are subjected to much loss and inconvenience from the depreciated issues of one of the local banks:

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That it shall and may be lawful for the tax collectors of the counties of Jackson, Decatur, Madison, Lime-


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stone, Lauderdale, Lawrence, Franklin, Morgan, Marion and Blount, to receive the bills or notes payable to bearer, of the Planters’ and Merchants’ Bank of Huntsville, in payment of the taxes due to this state from the said counties for the year eighteen hundred and twenty-four: Provided, That the president and directors of said bank, will enter into bond and security in such sum as may be approved of by the Governor, payable to the Governor aforesaid, and his successors in office, that said Bank will well and truly redeem all such Huntsville money received as aforesaid, by or before the second Monday in November next, in the paper of specie paying bank, such as is receivable in the land offices in this state: And provided further, That the notes of the said bank shall not be received in payment of taxes until the Governor shall issue his proclamation certifying that the provisions of this act have been carried into effect.

Sec. 2. And be it further enacted by the authority aforesaid, That if the Planters’ and Merchants’ Bank of Huntsville, whose bills or notes as aforesaid are permitted to be received in payment of taxes as aforesaid, shall at any time refuse to redeem the same in specie, or in the notes or bills of specie paying banks, receivable at the land offices in this state, then and in that case, it shall be the duty of the comptroller to direct suit or suits to be instituted against the said Bank, according to the force, tenor and provisions of the act of the General Assembly of this state passed the seventeenth day of December, eighteen hundred and twenty-one, entitled "An act in relation to the banking institutions of this state." by the solicitor of the fifth judicial circuit, or in case of his failure, by any other person appointed by the comptroller for that purpose, in the circuit or county courts of Madison county. And the court before whom such suit or suits shall be tried, shall without delay render judgment and award execution according to the provisions of the above recited act.

Sec. 3. And be it further enacted by the authority aforesaid, That if on judgment being given against the said bank refusing to redeem its bills or notes as aforesaid, the said bank should appeal from such judgment, then and in that case, it shall be the duty of the court to which such appeal is taken, on affirming the judgment of the court below, to assess twenty-five per cent, damages on such judgment besides all costs of suit, any law to the contrary notwithstanding.

Sec. 4. And be it enacted by the authority aforesaid, That the tax collectors respectively for the counties aforesaid, on making their return of the collection of the taxes aforesaid, shall take and subscribe an oath, that they have not directly or indirectly, exchanged any money receivable at the land offices of this state, and received by them in the payment of taxes; which oath shall be filed in the office of the comptroller.


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Sec. 5. And be it further enacted, That all collectors in this state shall be, and they are hereby, authorized to receive the bills of the Huntsville Bank, in payment of taxes on the conditions contained in this act.

(Approved, Dec. 31, 1823.)

__________

AN ACT

Authorizing a Lottery to aid in the improvement of the Navigation of Indian Creek.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That it may be lawful for the President and Directors of the Indian Creek Navigation Company, for the time being, and their successors, to raise by lottery, in one or more classes, as to them may seem most convenient and necessary, any sum not exceeding twenty thousand dollars to be appropriated by them in improving the navigation of Indian Creek, from Huntsville to the Tennessee River, in conformity with their charter of incorporation: And he President and Directors aforesaid, for the time being, and their successors in office, shall, before they enter on the duties of their office, enter into a bond in their corporate capacity, in the penal sum of forty thousand dollars, payable to the Governor and his successors in office, conditioned for the faithful discharge of the several duties imposed upon them by this act; which bond may, from time to time, be put in suit, in the name of the Governor of said state and his successors, by any person injured by a breach thereof. And it shall be the duty of said corporation, within twenty days from the completion of the drawing of said lottery, to pay to the fortunate person or persons, or his or their order, all such prizes as may be drawn, agreeably to the scheme which they may have determined upon, and published by them. The said lottery shall be drawn in Huntsville, or at such other place as may be most expedient, giving due notice of the time and place of such drawing. Each of the said managers, and each clerk that may be employed, shall, before the drawing commences, take an oath to act fairly and impartially, in the discharge of his several duties; which oath may be administered by any justice of the peace. If the said lottery, or any class thereof, be not drawn within the year after the scheme of the same may have been published, the same shall cease; and said corporation shall refund on demand, the price of the tickets to the holder of the same.

Sec. 2. And be it further enacted, That it shall be the duty of the said President and Directors, for the time being, so soon as their term of office may expire, to deliver over, and transfer to their successors all monies by them received and collected on account of such lottery, together with a particular statement of the number of tickets sold;


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the monies received on account of the same; and all books and papers touching or relating to said lottery.

(Approved, Dec. 30, 1823)

__________

AN ACT

To vest in the Judge of the County Court and Commissioners of Roads and Revenue of the County of Henry, a certain portion of Land for County purposes.

Whereas the commissioners for the county of Henry, previous to the survey of the land of that county, did select a site for the public buildings of the county of Henry, and did erect buildings for the said county to a considerable value; and whereas since the selection of the said site, by a survey of the lands of said county it has been ascertained, that the buildings erected on the site so selected for the county of Henry, are erected on the sixteenth section intended by the General Government for the benefit of schools under the control of the legislature of this state:

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the judge of the county court and commissioners of roads and revenue of the county of Henry, be and they are hereby authorized and required to lay off by survey, ten acres of land including the buildings erected for the county of Henry on the sixteenth section, in the most proper and convenient manner for the benefit of the seat of justice of said county; which said ten acres of land so laid off, shall from and after the passage of this act, be vested in the said judge of the county court and commissioners of roads and revenue of the county of Henry, and their successors in office, for the space of twelve years, for the use and benefit of the county of Henry.

Sec. 2 And be it further enacted, That at the expiration of the said term of twelve years, all the buildings now erected on the said sixteenth section by the commissioners of the county of Henry, and all which may be hereafter erected on the ten acres reserved as aforesaid, and which may exist on the same at the expiration of the said term of twelve years shall revert to the use and benefit of the said township to which the said sixteenth section belongs, according to the laws of the land which may then exist regulating such lands, which said reversion of buildings and improvements on the aforesaid ten acres of land, shall be full satisfaction to the township for the use and occupation of the said ten acres of land for the said term of twelve years: Provided, That the school commissioners of said township shall deem it a sufficient consideration for the occupancy of the said quantity of land, for the period of twelve years as aforesaid.

(Approved, Dec. 20, 1823.)


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AN ACT

For the relief of Martin Hogan.

Section. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That Locky Russell and Madison county, be, and she is hereby, authorized to emancipate and set at liberty a certain negro man slave named Martin Hogan, so soon as she shall enter into bond with good security, payable to the judge of the county court and his successors in office, conditional, that the said Martin Hogan shall never become chargeable to the state of Alabama, or any county, city or town thereof; and that the right or rights of creditors shall not be injured thereby.

(Approved, Dec. 10, 1823)

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AN ACT

Declaring Cotaco, in Morgan County, a Public Highway.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That Cotaco River in Morgan county, from its confluence with the Tennessee River, and up the same to John Wallace’s Bridge, is hereby declared a public highway; and any person obstructing the free navigation of the same, between the points herein mentioned, by felling of timber or otherwise, such person or persons, shall forfeit and pay the sum of five dollars for each and every day the same may be permitted to remain in the 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: Provided, That nothing in this act shall be so construed as to prevent the county court of Morgan from continuing or rebuilding the bridge at or near the place where the road from Somerville to Ditto’s Landing crosses the said stream: Provided also, That the county court of Morgan county shall not have power to compel hands to work in opening or improving the navigation of said river.

Sec. 2. And be it further enacted, That nothing contained in the first section of this act, shall be so construed as to prevent any person who may own land between the above named points on said river from erecting a mill or other water works thereon.

[Approved, Dec. 10, 1823]

____________

AN ACT

For the relief of Cinthia Johnson.

Whereas it is made known to the General Assembly, by the petition of Cinthia Johnson, that her husband Jesse Johnson has left and abandoned her; and that all the property of the said Jesse Johnson has been sold in satisfaction of his debts, and that any property that she, the said Cinthia Johnson may acquire will be subject to be taken to satisfy said Jesse Johnson’s debts: wherefore for the relief of her the said Cinthia Johnson.

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Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That hereafter no property which may be acquired by Cinthia Johnson (so long as she may live separate and apart from Jesse Johnson, her husband ) shall be taken to satisfy any debts which have been, or hereafter may be, contracted by Jesse Johnson, her husband.

Sec. 2. And be it further enacted, That the said Cinthia Johnson, so long as she remains separate and apart from her said husband, shall be able and capable in law of suing and being sued, in the same manner as a feme sole, in any court of law or equity within this state.

(Approved, Dec. 17, 1823)

__________

AN ACT

To alter the name of, and legitimate a certain person therein named.

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 name of Matilda Shaffell, be changed to that of Matilda Preslar.

Sec. 2. And be it further enacted, That the aforesaid Matilda the natural child of Anthony Preslar is hereby legitimated.

(Approved, Dec. 9, 1823)

____________

AN ACT

To provide for the sale of Lands and Slaves at the towns of Courtland and Tuscumbia, in certain cases.

Whereas, from the peculiar situation of the settlements in the county of Lawrence in this state, it is often prejudicial to the interest of both debtors and creditors, that lands and slaves taken in execution in said county and lying and being in the northern parts thereof, should be exposed to sale at the court house in said county.

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 sheriff or coroner of said county of Lawrence from and after the first day of January next, to expose to sale all lands which may be levied on by execution lying and being in said county of Lawrence, and north of the line which divides townships number five and six, and all slaves which may be taken in execution belonging to defendants residing in said county and north of the line aforesaid, on the public square in the town of Courtland in said county of Lawrence, on the sale days in each month now prescribed by law, after having advertised the time and place of sale according to law.

Sec. 2. And be it further enacted, That so much of the second section of an act, entitled "An act concerning executions and sales by sheriffs ,and for other purposes, passed at Cahawba on the twentieth December, one thousand


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eight hundred and twenty, as comes within the purview and meaning of this act, be, and the same is hereby repealed.

Sec. 3. And be it further enacted, That it shall be the duty of the sheriff of Franklin county in like manner to expose to sale all lands and slaves which may be levied on by execution lying and being in said county of Franklin, and north of the line which divides townships numbered five and six, at the public square in the town of Tuscumbia, in said county of Franklin, on the sale days in each and every month, now prescribed by law, after having advertised the time and place of sale according to law.

(Approved, Dec. 31, 1823)

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AN ACT

To declare Bassett’s Creek in Clarke County, a Public Highway and for other purposes.

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the creek called Bassett’s Creek, in Clarke county, and emptying into the Tombeckbe River, be, and the same is hereby declared a public highway from the mouth thereof, to the three forks of said creek opposite to General Joseph B. Chambers’.

Sec. 2. And be it further enacted, That the Sepulgah Creek, in Conecuh county, be declared a public highway from the mouth of Bottle Creek up to the mouth of Pigeon Creek. And said Pigeon Creek is hereby declared a public highway from its mouth, through Covington county, up to the twenty-fourth section, in township nine, range sixteen in Butler county.

(Approved, Dec. 30., 1823)

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AN ACT

To repeal so much of an act, passed on the 15th day of December, 1821 as allows Samuel Dale, for life, the half pay of a Colonel in the army of the United States.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That so much of the aforesaid recited act, as allows the said Samuel Dale the half pay of a colonel in the army of the United States, be, and the same is hereby repealed.

(Approved, Dec. 31, 1823.)

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AN ACT

Pointing out the manner by which the Streets in the Town of Tuskaloosa and Montgomery, shall be kept in good order, and for other purposes.

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That it is hereby made the duty of the judge of the county court of Tuskaloosa county, and the commissioners of revenue and roads, when sitting for that purpose, to cause all the hands residing within the corporate limits of the town of Tuskaloosa, liable by law to work on public roads,


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to be apportioned to work on the several streets and public landings within the said town, as they may from time to time think necessary to have improved; and appoint one or more overseers to superintend the same. And the hands thus appointed, shall be required to work thereon, under the rules and regulations, which are now, or may hereafter be prescribed by law.

Sec. 2. Be it further enacted, That if at any time it shall be considered by the said county court, that the quantum of labor required on such streets and public landings should not be in proportion to what may be performed by hands, working in adjoining precincts then and in that case, said court shall prescribe what further services shall be by the hands residing in said town performed; which shall be on main roads leading into said town and immediately continguous to the same: Provided however, That the hands thus apportioned, shall in no wise be required to work a greater number of days in any one year, than other hands are by law required to work.

Sec. 3. Be it further enacted, That no hands residing without the limits of the said town of Tuskaloosa shall be required to work on the streets therein.

Sec. 4. Be it further enacted, That the provisions of the foregoing act, shall be and the same are hereby extended to the citizens of the town of Montgomery, under the same rules, regulations and restrictions as are hereby granted to the town of Tuskaloosa.

Sec. 5. Be it further enacted, That the authority now vested in the county courts to establish bridges and public roads, is hereby extended to such courts, to exercise over the several state roads: Provided also, That the provisions of this act, shall extend to the lower part of the town of Tuskaloosa.

(Approved, Dec. 29, 1923)