AN ACT

To enable the Mayor and Aldermen of the city of Mobile to pass Quarantine Laws.

Whereas the city of Mobile, from its peculiar situation, is exposed to the danger of contagious disease introduced from foreign ports, for remedy and prevention whereof,

Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That The mayor and alderman of the city of Mobile, be, and they are hereby authorized and empowered, to pass such quarantine laws as they may seem necessary for the preservation of the health of said city, and to enforce the same by such pains and penalties as to them may seem meet: Provide, Tat said quarantine law shall operate alone for the purposes herein named: Provided also, That said laws be not contrary to the laws and regulations of this state.

(Approved, Dec. 31, 1823.)

AN ACT

In relation to seamen belonging to vessels in Merchants’ service.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That if any seamen or mariner who shall have signed a contract to perform a voyage in any ship or vessel, shall at any place within this state, desert or absent himself


31

from such ship or vessel, without leave of the master, or officer commanding in the absence of the master, it shall be lawful for any justice of the peace, upon complaint under oath, to issue his warrant to apprehend such deserter and bring him before such justice; and if it shall appear by due proof that he has signed a contract to perform a voyage as aforesaid, and that such voyage is not finished, altered, or the contract otherwise dissolved, and that seaman has deserted the vessel, or absented himself without leave, the said justice shall commit him to the hose of correction, or common jail, there to remain until the said vessel shall be ready to proceed on her voyage, or till the master shall require his discharge, the master paying all costs and expenses.

Sec. 2. And be it further enacted, That if a person shall harbor or secrete any seamen or mariner belonging to any ship or vessel, knowing them to belong thereto, every such person on conviction thereof, before a justice of the peace, shall forfeit and pay ten dollars for every day which he, she or they, shall continue so to harbor or secret such seamen or mariner, to be sued for in the name of the state to the use of the person prosecuting for the same.

Sec. 3. And be it further enacted, That every constable who may apprehend any seamen or mariner who has deserted or left his vessel aforesaid, shall receive the sum of five dollars as his fees for such apprehension.

Sec. 4. And be it further enacted, That no master of any vessel within this state shall hire, receive or ship any seaman or person belonging to, and pretending to be discharged from any other vessel, unless such seaman or person shall have a certificate of his discharge, signed by the master or officer commanding such vessel, or shall produce other satisfactory testimony of his discharge to some justice of the peace, whose certificate shall be received in lieu thereof; and any person who may contravene the provisions of this act, shall forfeit and pay the sum of fifty dollars, to be recovered in any court having jurisdiction thereof, one half to the use of the informer, and the other half to the use of the poor of the county in which suit may be instituted.

(Approved, Dec. 31, 1823.)

AN ACT

To amend an act entitled, an act for the government of the port and harbour of Mobile, passed 23d December, 1822.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the twenty-first section of the act entitled, an act for the government of the port and harbour of Mobile, passed the twenty-third day of December, eighteen hundred and twenty-one, be, and the same is hereby repealed.


32

Sec. 2. And be it further enacted, that all regular packets plying between the ports of Mobile and New Orleans, their owners, masters and consignees, shall be amenable to all the regulations and provisions, and liable for all the fines and penalties provided for by the act (hereby amended) for the government of the Port and Harbour of Mobile, in relation to vessels not exempted by said act, from the payment of harbor- masters’ fees And that all steam boats (excepting those which may ply as ferry boats between Mobile and Blakeley) of more than two hundred tons shall pay at the rate of one half a cent per ton; and all steam boats (other than those expected) of the burthen of two hundred tons and under, shall pay the sum of one dollar each, on their arrival within the harbor of Mobile, as fees to the harbor master of the port of Mobile.

(Approved, Dec. 17, 1823.)

AN ACT

To authorize the Judge of the county court, and the Commissioners of the roads and revenue of Mobile county, to levy an extra tax, for the building a court house and jail in said county, and for other purposes.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, General Assembly convened, That the judge of the county court, and the commissioners of the roads and revenue of Mobile county, (at the same time that they may levy a county tax) be, and they are hereby authorized and required to levy, from year to year, as long as may be necessary, an extra tax on all persons and property in said county, liable to taxation, not to exceeding the amount of the state tax, for the purpose of building a court house and jail in said county; which shall be collected by the tax collector of said county, in the same manner and at the same rate of compensation, that the state tax be collected, and paid over by said collector to the treasurer of the county aforesaid.

Sec. 2. And be it further enacted, That the county court of Monroe county consisting of the judge and commissioners of roads and revenue, is hereby authorized to levy a county purpose of building a jail in said court.

Sec. 3. And be it further enacted, That the judge of the county court and commissioners of roads and revenues of St. Clair county, are hereby authorized to levy a county tax, not exceeding one fourth of the state tax, to be paid by the tax collector of said county to the commissioners of public buildings in said county, and by then to be paid over to the undertaker for building the court house of said county.

(Approved, Dec. 31, 1823.)


33

AN ACT

To amend an act passed at Huntsville the sixteenth December, 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 it shall and may be lawful for John Byler and his associates, to erect a toll gate at some convenient point between township number twelve, and seventeen for the purpose of receiving toll.

Sec. 2. And be it further enacted, That it shall be the duty of said Byler, and his associates, or their agent, to give to each and every person passing inward, a note or ticket signifying that he, she or they, have paid the toll allowed by law; which shall be sufficient for he, she or they, to pass through the other gate kept by said Byler and his associates, on said road toll free.

Sec. 3. Be it further enacted, That it shall not be lawful for any person or persons, to make any parallel road for the purpose of going round the gates authorized by law on said Byler’s road.

Sec. 4. Be it further enacted, That nothing in this act shall be so construed, as to authorize said Byler and his associates, to receive any toll from any citizen of the county of Tuskaloosa, who may merely have to pass through said gate going to or from court, or other ordinary business: Provided, That the road known and called Burleson’s road shall not be deemed a parallel road to the said Byler’s road: And provided also, That the said Burleson’s road shall not approach nearer than one half mile of the place where the said Byler’s toll gate now stands.

(Approach, Dec. 24, 1823.)

AN ACT

To amend an act, entitled "An act to establish a public road from the house of John Gandie in Morgan county, to Baltimore, or Morgan’s Springs in Blount county," passed December 23d, 1822.

Section 1. Be it further enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That Abraham Stout and his associates, be, and they are hereby authorized to extend said road from where the same terminates near Baltimore, the most eligible route to intersect the road leading from Blountsville in Blount county, to the town of Tuskaloosa, at, or near the town of Elyton in Jefferson county.

Sec. 2. And be it further enacted, That the said Abraham Stout and his associates, so soon as they shall have extended said road, and opened the same in strict compliance with the third and fifth sections of the act, to which this is an amendment, shall be authorized to erect a turnpike gate at some convenient place on that part of said road hereby established, and demand and receive of, and from each, and every person who may travel thereon, the same rates of toll

5


34

allowed on that part established by virtue of the fifth section of the act, to which this is an amendment.

(Approved, Dec. 9, 1823.)

AN ACT

To change the State Road, 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 Daniel Taylor, David Neel and Joseph D. Harrison, be, and they are hereby appointed commissioners for the purpose of reviewing and to mark out a way for a road to commence at David Neel’s, in Cahawba Valley, Shelby county, to run from thence north, on the best, nearest and most direct route, the nature of the country will admit of, to Joseph D. Harrison’s, in Blount county, then intersecting the road leading from the town of Tuskaloosa to Huntsville.

Sec. 2. And be it further enacted, That Wheeler Randall, Bennett Ware and Minor W. Havis, be, and they are hereby appointed commissioners to view and lay out a way for a road, to commence at east end of Main-street in the town of Montevallo (Wilson Hill) and from thence, the nearest and best route, to the ford on Shoal Creek; then intersecting the state road, thereby changing the present route of the said road.

Sec. 3. And be it further enacted, That the commissioners aforesaid shall before they enter upon the duties aforesaid, take and subscribe the following oath or affirmation, to wit: I, do solemnly swear or affirm as the case may be, that I will, well and faithfully discharge the duties herein required of me, as commissioner, to the best of my ability and judgement, so help me God. Which affidavit, shall be filed away in the clerk’s office of the county courts, to which they severally belong.

Sec. 4. And be it further enacted, That it shall be the duty of the commissioners aforesaid, after performing the duties required herein, to make a concise report thereof to the judges of the county courts of Shelby and Jefferson, whose duty it shall be to appoint overseers to cut out, and open the same.

Sec. 5. And be it further enacted, That the commissioners appointed by the first section of this act, shall each, receive as compensation for their services, two dollars per day, for each day they may be necessarily employed in reviewing and examining the said proposed route, by producing a certificate from the clerk of the county court, to that effect: Provided, That the commissioners aforesaid shall make oath to the same: And Provided further, That the said commissioners shall be paid out of their county treasuries respectively.

Sec. 6. And be it further enacted, That Isaac Moore,


35

Robert Morrison and John Chandler, be appointed commissioners to examine the state road leading from the town of Cahawba through the Pleasant Valley, (from Mr. Aylett’s to Dr. Phillip’s,) and ascertain whether a better can be found, and at less expense and labor, and of more public utility, than the road at present established; and if so to report the same to the judge of the county court of Dallas of any alteration, to appoint an overseer for said road so reported: Provided, That said commissioners shall have no pay for their trouble.

Sec. 7. And be it further, That the commissioners heretofore appointed in Montgomery county to review and mark out the state road from Line Creek to Tuskaloosa, be required so to change the route of said road, as that the same shall pass through the town of Coosawda.

(Approved, Dec. 31, 1823.)

AN ACT

To amend an act, entitled an act to establish a Turnpike Road leading from Lawrence to intersect the Military Road at Pikesville, in Marion county, passed, December 26th 1822.

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 first section of an act entitled, an act to establish a turnpike road, leading from Lawrence to intersect the military road at Pikesville in Marion county, passed December twenty-six, eighteen hundred and twenty-two, as establishes a public road to commence at Martin’s Gap, in the south -west corner of Lawrence county, running thence the nearest and most direct way, so as to intersect the military road leading from Nashville to New Orleans, at Pikesville, in Marion county, be, and the same is hereby repealed.

Sec. 2. And be it further enacted, That instead of commenceing the road at Martin’s Gap, as required by the first section of the act herein recited, it shall and may be lawful for Joseph Burleson and his associates, to commence the said road at Sutton’s Gap in the county of Lawrence; and to run the same the nearest and most direct way as to intersect Byler’s turnpike road at a point not less than half a mile south of the place at which the toll gate now stands on said Byler’s turnpike road, not passing within less than a half mile of said gate; thence to run the said road the nearest and best way the country will admit, so as to intersect the military road at a point not more than eighty poles south of Pikesville, in the county of Marion.

Sec. 3. And be it further enacted, That the time allowed for opening and completing the said road shall be, and the same is hereby extended, to the first day of October, one thousand eight hundred and twenty-four.


36

Sec. 4. And be it further enacted, That all laws contrary to the provisions of this act be, and the same are hereby repealed.

(Approved, Dec. 24, 1823.)

AN ACT

To amend an act, entitled "An act, to appoint Commissioners to lay out Certain Roads therein specified, 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 James Huckaby, Lodewick Moore, John Spann, William Sillman and Thomas Ford, be, and they, or a majority of them, are hereby appointed commissioners to review and mark out so much of the state road leading from Greensborough, in the county of Greene, to Mobile, as is hereby described: They shall commence at John Lockhart’s in the county of Marengo, and end at the Choctaw Spring in said county, selecting the nearest and best route.

Sec. 2. And be it further enacted, That the commissioners named in the first section of this act, shall, before they enter on their duties, take the oath prescribed in the fifth section of the act to which this is an amendment, and make their report accordingly.

(Approved, Dec. 29, 1823.)

AN ACT

To repeal in part an act declaring certain road therein named public roads, until otherwise provided for by law, passed December the 24th 1822.

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 act as relates to the apportioning the hands to work on the road from Canton to Pursley Greek, be, and the same is hereby repealed.

(Approved, Dec. 29, 1823.)

AN ACT

To amend an act, entitled an act to establish a public road from Ditto’s Landing to Marston Mead’s.

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 eighth section of the act to which this is an amendment, entitled an act to establish a Public road from Ditto’s Landing to Marston Mead’s in Blount county, passed December 30, 1822, as related to the running said road through any part of the Indian land, be, and the same is hereby repealed.

(Approved, Dec. 29, 1823.)

AN ACT

Declaring the old road from Warren’s Stone’s in Montgomery County, to the town of Montgomery, the state road, 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 instead of the new road leading from Warren


37

Stone’s to the town of Montgomery, in Montgomery county, known as the state road, the old Cahawba road be, and the same is hereby, declared to be the state road.

Sec. 2. And be it further enacted, That from and after the passage of this act, the aforesaid new road from Warren Stone’s to Montgomery, shall cease to be considered as a public road.

Sec. 3. And be it further enacted, That the old road from Warren Stone’s to Cahawba., shall be kept open and considered a public road; and the county courts of the different counties through which said old road passes, shall apportion hands to work on said road, accordingly.

Sec. 4. And be it further enacted, That hereafter there shall be but three apportioners in each captain’s beat, to be appointed by the county court, whose duty it shall be to apportion all hands in their respective beats liable to work on roads, to all such public roads as may pass through such beat or beats.

Sec. 5. And be it further enacted, That such apportioners shall take an oath before entering on the duties of their apportionment, to apportion all such hands with impartiality; and any person refusing to act as an apportioner when appointed, without good cause shewn, shall be fined in a sum not exceeding twenty dollars; which apportionment shall be made within fifteen days after they are notified of their appointment, any law to the contrary notwithstanding.

Sec. 6. Be it further enacted, That all hands liable by law, to work on public roads, who may remove into any beat in this State, after such apportionment is made, shall notwithstanding be warned by the overseer, and required to work on such public road, which they may be thus warned, as now pointed out by law.

(Approved, Dec. 31, 1823.)

AN ACT

To authorize Rodah Horton and associates, to construct a Turnpike 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 Rodah Horton and such other persons as may be associated with him for the purpose, be, and they are hereby authorized and empowered to make a turnpike road of the public road running from Ditto’s Landing, on the Tennessee River, ten miles, to the town of Huntsville, in Madison county, and thence seven and a half miles north, to the Beaver dam fork of the Flint River, one mile south of Meridianville, in said county.

Sec. 2. And be it further enacted, That the judge and commissioners of said county of Madison, be, and they are hereby, authorized and empowered to decide upon, and determine when said turnpike road, or a part thereof, shall be completed in such manner as to entitle the proprietors


38

thereof, to receive such toll as is hereinafter provided for.

Sec. 3. And be it further enacted, That whenever one third part of the said turnpike road shall be completed, the proprietors thereof, shall be entitled to receive and collect that proportion of such toll as is authorized by the provisions of this act; and whenever two thirds of said turnpike road shall be completed, the amount of toll may be increased in like proportion: Provided, That said proprietors shall keep said proportions of said turnpike road, in good and sufficient repair; and should they neglect so to do, the said county court is hereby required to ascertain the fact of neglect, and order the gate or gates thereon to be thrown open, and to continue open, until said road shall, in the opinion of said court, be so repaired as to authorize the proprietors to receive toll from travellers thereon: of which, as in cases of a forfeiture of the right to receive toll, public notice shall be given in at least one of the Huntsville newspapers, which advertisement shall be signed by the clerk of the county court, by order of said court, and inserted three times (at least) at the expense of said proprietors.

Sec. 4. And be it further enacted, That whenever the said Rodah Horton and associates, shall have completed said road in manner hereinafter described, they shall be entitled to receive for the whole distance thereof, the following rates of toll, to apportioned at the several gate according to distance, viz: For every four wheel carriage, with two horses, one dollar; for every wagon drawn by more than two horses, one dollar and fifty cents; for every wagon drawn by two horses, one dollar; for every Jersey wagon, gig, or sulkey, drawn by one horse, seventy-five cents; for every horse and rider, twenty-five cents; for every additional or extra horse, twelve and a half cents; for each foot passenger, six and one fourth cents; for droves of cattle, each head, three cents; for droves of sheep, goats or hogs, each head, two cents.

Sec. 5. And be it further enacted, That the said Rodah Horton and associates, their heirs or legal representatives, shall be, and they are hereby, vested with the exclusive right and authority to demand and receive in the above rate of toll for the term of thirty-five years: Provided, That said turnpike road shall be commenced within six months, and entirely completed within three years, from and after the passage of this act, and shall keep the same in proper repair: Provided also, That the rates of toll be lettered on a sign board in legible painted letters, and conspicuously stationed at each gate, agreeably to the amounts demanded at each gate.

Sec. 6. And be it further enacted, That the said propri-


39

etors shall be at liberty to station such number of gate as their interests may require, the same not being, in the opinion of said court, at variance with the legal rights of the public or any individuals.

Sec. 7. And be it further enacted, That said turnpike road shall be forty feet in width, between the gutters inside of the side walks, for the distance of at least one mile on each side of the town of Huntsville; and thence it may be graduated to a width not less than twenty feet, which said space or width shall be substantially paved with stone, being at least eight inches higher in the centre than at the edges of the gutter, and graduated on each side, and shall be suitably levelled to prevent inconvenient obstructions: said road shall be provided with suitable bridges, convenient walks for the use of foot passengers, and such other necessary appendages as said court shall direct.

Sec. 8. And be it further enacted, That whenever a member of the court, hereby empowered to decided upon the questions specified in this act, shall be interested in said turnpike road, then and in such cases, it shall be the duty of said county judge to appoint such other person or persons, not interested in the same, as may be necessary to supply the places of such interested members (who are hereby declared ineligible to decide,) who shall be united with said court, for the time being, for the purpose of making up such opinions and decisions.

Sec. 9. And be it further enacted, That nothing contained in this act shall be so construed, as to authorize said proprietors to make a turnpike road, within the corporate limits of the town of Huntsville

Sec. 10. And be it further enacted, That should said proprietors fail fully to complete the whole distance of said turnpike road, within the said term of four years, then and in that case, all the provisions of this act shall be considered null and void.

Sec. 11. And be it further enacted, That it shall be the duty of said association of proprietors to keep a true account of the amount of money expended, ( exclusive of income from tolls, ) in the completion of said turnpike road; and should the income from said turnpike road exceed twenty-five per centum per annum, on the amount so employed in the completion thereof, after deducting the amount expended in each year, for repairs, then, and in that case, the surplus over and above said per centum, shall be expended in such additional improvements on said road, and such other roads within one mile of, and leading to said turnpike road, in such proportions as the said county court shall direct.

Sec. 12. And be it further enacted, That should the inconvenient residence of the county commissioners, or other cause, render it desirable to the proprietors of said turnpike.


40

road to have a board of commissioners appointed, to perform the duties required of said county court by the provisions of this act, in relation to said road, then and in that case, it shall be the duty of said proprietors or a majority of them, to signify the same to the county judge in writing; and it shall be the duty of said judge and county commissioners at their next meeting, to nominate and appoint a board of five commissioners, for that purpose; allowing the clerk of said board a suitable compensation for his services, whose duties shall be pointed out by said board of commissioners, by whom he shall be appointed; it shall be the duty of said clerk to sign such notices as are required by the third section of this act, by order of said board.

Sec. 13. And be it further enacted, That in straightening or widening said road, if the removal of one or more buildings should be necessary, it may be lawful to remove the same; provided, the proprietor thereof shall consent to submit the question of damages arising from such removal, to referees to be appointed, one by said proprietor, another by the proprietors of said road, and a third by the two persons thus chosen, whose award shall be binding on all persons concerned; and the referees thus appointed shall take into consideration the advantages and disadvantages of said turnpike road, and such removals to the proprietors of such buildings, and make their award accordingly; and should the proprietors of such buildings refuse to submit to such reference, then and in that case, it shall be the duty of the county court, or board of commissioners, (as the case may be,) to decide upon the merits of the case, whose decision shall be in like manner binding and carried into full and immediate effect.

Sec. 14. And be it further enacted, That should it be necessary to take a strip of land, belonging to an individual or individuals, for the purpose of widening or straightening said turnpike road, it shall be lawful for the proprietor of said road to remove fences, at their expense: Provided, they be accountable for all damages done to the growing or planted crops, and provided also, that any strip of land thus taken, shall not exceed thirty feet in width at any one point; and should it exceed that width, the question of damages for the excess, as also that in relation to growing and planted crops, shall be decided in manner, provided for the removal of buildings in the 13th section of this act.

Sec. 15. And be it further enacted, That should it be necessary to procure gravel, rocks or other materials in making and repairing said turnpike road, from the land belonging to an individual or individuals, or to any person, whatever, it shall be lawful for the proprietors of said road to take and use the same, holding themselves in readiness to comply with the provisions of the 13th section of this act, in relation to damages.


41

Sec. 16. And be it further enacted, That the proprietors shall not obstruct said road, so as to prevent travellers from passing said road, with all the convenience that they could otherwise do, while engaged in making said road.

Sec. 17. Be it further enacted, That for the protection of the citizens of Madison county, it shall not be lawful for said Rodah Horton and his associates, to charge or receive from any citizen or citizens of said county, for travelling or otherwise using said turnpike road, higher toll than the rates allowed in the 4th section of this act, in proportion to the distance said citizen or citizens may travel the same, viz: for the whole distance, the sums therein stipulated; and at the like ratio for such distance as he, she or they may use said turnpike road.

Sec. 18. Be it further enacted, That all persons who may own land bordering on said turnpike road, or owning land through which the same may pass, shall have the free use of such parts of said turnpike road free of toll, for all purposes, from one point of his, her or their land, to the other on said road: Provided, nothing herein contained shall be constructed to exempt such persons from paying toll for the use of said road when used beyond the bounds of his, her or their own land.

Sec. 19. Be it further enacted, That if at any time during the recess of the county court, it shall appear to the satisfaction of the judge of the county court, that said turnpike road is out of order, and has remained so for the space of ten days, it shall be the duty of the judge of the county court, to appoint three or more disinterested commissioners. to examine the said road, and on report of said commissioners, the county court judge shall have power to order the gates to be thrown open, under the same rules and regulations as contained in the foregoing sections of this act: Provided, that should said gates be thrown open at any time after the first day of February, or having been thrown open previously, and not closed agreeably to the provisions of this act for receiving toll, on or before the first day of February; then, and in that case, it shall not be lawful for said Rodah Horton and his associates, to demand or receive any toll from any citizen or citizens of Madison county for using said road, the gates of which have been thrown open, until after the first day of November following, under the same penalties and forfeitures as are prescribed in the foregoing sections of this act.

Sec. 20. Be it further enacted, That James B. Graham be, and he is hereby, authorized to mark out and open at his own expense a public road leading from the town of Triana, on the Tennessee river, down the same, and as near the river as the ground will admit, to a point opposite the town of Monroe, on said river; and the court of commissioners of roads and revenue for the county of Madison shall


42

at their next session after the said road shall be completed, and report thereof made to said court, appoint a jury as in case of juries appointed to review and mark out public roads, whose duty it shall be under the superintendence of the sheriff of said county, to view the road so opened, and assess the damage which any individual may sustain by opening said road through his land; which damage shall be paid out of the county treasury of Madison county.

(Approved, Dec. 31, 1823)