____________

AN ACT

Amendatory to the Laws now in force respecting Roads, &c.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That hereafter commissioners of revenue and roads of this state, shall not be apportioners of hands to work on roads, nor shall they be appointed overseers of public roads nor shall overseers be appointed overseers of hands to work on the public roads of this state.

Sec. 2. And be it further enacted, That hereafter in case of the death, removal or absence for the space of two months at one time, of any overseer apportioner of any public road appointed in conformity with the present road law, that then and in that case, the judge of the county court shall have power to fill such vacancy until the meeting of the commissioners of roads and revenue, who shall be authorized to make such appointment as is provided by the laws now in force.

(Approved, Dec. 31, 1823.)

__________

AN ACT

To establish a certain Road therein named, and for other puposes.

Section1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That Henry B. Robinson, Benjamin Wilson, Isaac Johnson, Robert Woods and Thomas Williams, be, and they are hereby appointed commissioners, to view and lay out a way for a road to commence at some convenient point in Coosa Valley on the road leading from the state of Georgia, by the way of Kiamulga through said Valley, and from thence the nearest and best route west, to the town of Tuskaloosa, in this state.

Sec. 2. And be it further enacted, That before the commissioners enter on the duties herein assigned them, they shall take and subscribe the following oath, to wit: I, do solemnly swear or affirm, that I will truly and faithfully to the best of my judgment and knowledge, view, mark out and report, the best and most direct way for a road, to lead from _________ to ________ in conformity to the act under which I am commissioned so help me God Which certificate of oath shall be transmitted by the judge or justice of the peace, administering the same, to the clerk of the superior court for safe keeping; and it shall be the duty of


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aid commissioners, after completing the said view, to make out a report of the same together with such observations respecting the hills, water courses and other obstructions on the route they shall have marked off; which report they shall transmit to the Governor for his approval to act on as herein after requested.

Sec. 3. And be it further enacted, That if any vacancy shall take place by decease, or refusal to act by those herein appointed, such vacancy shall be filled by the Governor.

Sec. 4. And be it further enacted, That the commissioners shall receive as compensation for their services, on making such view and report, two dollars per day.

Sec. 5. And be it further enacted, That as soon as the report is made by the commissioners, and received and approved by the Governor, he shall transmit an account of the same to the judges of the county courts of the counties through which said road shall pass---and it shall be the duties of said judges, as soon after as possible to lay off said road into precincts and appoint apportioners, to apportion the hands, to open and clear out said road; and all persons now liable by law, to work on roads shall under the existing laws, work on said road.

Sec. 6. And be it further enacted, That Samuel Patton Thomas Webb, George Sims, John Thomas, James Meek, Michael Pirtle and Hopkins Lee, or a majority of them, be and they are hereby, appointed commissioners to view and mark out a way for a road between the falls of Cahawba and Greensborough; but they shall not be entitled to any compensation for their services; and their report being approved in the manner provided by the act passed the seventeenth day of December, in the year one thousand eight hundred and twenty-one, entitled an act to appoint commissioners to lay out certain roads therein specified, and for other purposes, the same proceedings shall be had for opening the said road and the same regulations in all respects in apportioning hands and compelling them to work on said road, as by the said act is provided.

Sec. 7. And be it further enacted, That so soon as the road authorized by an act of the present session of the Legislature from John Lockhart’s in Marengo county, to the Choctaw Spring shall be marked out and reported, and received by the Governor as is therein pointed out, the present route as marked out by the commissioners under an act of the seventeenth of December, eighteen hundred and twenty-one, shall be, and the same is hereby, discontinued so far as it conflicts with the report of the commissioners appointed by an act of the present session.

Sec. 8. Be it further enacted, That John Fowler, master of the steam-ferry-boat Emeline plying between the city of Mobile and the town of Blakeley and, the men employed on board said steam-boat, be, and they are hereby, exempt-


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ed from liability to work upon any road or roads within this state, so long as they may be attached to said steam-ferry-boat.

(Approved, Dec. 30, 1823.)

_____________

AN ACT

To authorize William Black and his associates, to erect a toll bridge over Gravelly Creek.

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 lawful for William Black and his associates, and they are hereby, authorized to build a bridge over Gravelly Creek in Wilcox county, where the state road from Canton to Claiborne crosses the same: Provided, They build the same within twelve months from the passage of this act.

Sec. 2 And be it further enacted, That it shall be lawful for the judge and commissioners of roads and revenue in and for said county of Wilcox, and they are hereby required, when said bridge shall be completed, to fix and establish the rates of toll of said bridge to be received by said William Black or his associates, and to suspend the toll when said bridge shall be out of repair.

Sec. 3. And be it further enacted, That this act shall be in force for the term of seven years from its passage.

(Approved, Dec. 30, 1823.)

______________

AN ACT

To appoint Commissioners to improve the navigation of the Tennessee River.

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That Nicholas Davis, Thomas Fearn, James Jackson, Benjamin B. Jones and Clement C. Clay, shall be commissioners, who or a majority of whom, shall have power and authority to employ a competent person and such assistants as they may deem necessary, to make an examination and accurate survey of the Muscle Shoals, and Colbert hoals, in the Tennessee River, for the purpose of ascertaining the practicability and best mode of improving the navigation through said Shoals, whether for batteaus or large boats, and whether by sluicing, canaling or otherwise, together with estimates of the expense thereof.

Sec. 2. And be it further enacted, That the said commissioners or a majority of them, shall be, and are hereby authorized to raise by loan or donation, a sum not exceeding seven hundred and fifty dollars for the purposes aforesaid: for which, if obtained on loan, they shall issue their certificate or certificates, redeemable twelve months after date, with interest thereon, at the treasury of the state, out of the three per cent fund, if the said fund shall at the expiration of the said twelve months, be in the state treasury.

Sec. 3. And be it further enacted, That said commissioners shall prepare and submit to the next General Assembly a report of the manner in which this law has been executed.


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Sec. 4. Be it further enacted, That if the three percent. fund shall at the time herein before appointed for the redemption of the certificate or certificates issued by the said commissioners, be employed as a part of the capital of the bank of the state of Alabama, then and in that case, the said certificate or certificates, shall be redeemed by an issue of the paper of the said bank, by the president and directors thereof to the said commissioners, equal in amount to that of the principal and interest of the said certificate or certificates.

Sec. 5. And be it further enacted, That the aforesaid commissioners shall within nine months after the passage of this act, execute the authority confided to them by the first section of this act, and report to the Governor of this state the amount of the sum of money, which they, in virtue of this act, have raise by loan, who shall, if the bank of the state of Alabama be then in operation, or as soon thereafter as it may commence its operation, notify the president and directors thereof of the amount of the sum of money so raised by loan, and it shall be the duty of the said president and directors to reserve from discount, a sum equal to that of which the said loan may consist.

(Approved, Dec. 29, 1823.)

_____________

AN ACT

To regulate the licensing of Physicians to practise, and for other purposes therein named.

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That from and after the first day of April next, no person or persons shall be allowed to practise physic or surgery, or any other branches thereof, or in any case to prescribe for the cure of diseases for fee or reward, unless he or they shall have first been licensed to do so, in the manner hereinafter prescribed.

Sec. 2. And be it further enacted, That all bonds, notes, promises and assumpsits made to any person or persons not licensed in manner hereinafter mentioned, the consideration of which shall be for services rendered as a physician or surgeon, in prescribing for the cure of diseases, shall be, and they are hereby, declared utterly void and of no effect.

Sec. 3. And be it further enacted, That in order to the proper regulation of practice of physic and surgery, there shall be established five boards of physicians; one at Huntsville; one at the city of Mobile; one at Tuskaloosa; one at Cahawba; and one at Claiborne, to consist of three members each, to be elected by joint vote of both houses of the General Assembly; which boards shall meet annually for the purpose of examining all applicants for a license to practise medicine: and if on such examination they are found competent, shall grant such applicants a license to practise physic and surgery: Provided, that two members of either of the said boards shall constitute a quorum to make such ex-


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amination, and to grant such license: And provided also, that any one of the members of either of the medical boards shall be authorized during the recess of the annual meetings, to examine any applicants; and if on examination deemed competent to practise medicine and surgery, shall grant them permission to practise until the next annual meeting of the board of which the physician granting such permission is a member, to whom said applicant shall apply for a license to practise medicine and surgery; and if refused, shall not be again permitted to practise except by a license from one of the boards: Provided however, that no member of the legislature shall be elected a member of the medical board, during the term for which he was elected a member of the legislature.

Sec. 4. And be it further enacted, That the first meeting of the said boards respectively, shall be held on the first Monday in May next, and on the first Monday in December thereafter annually; and that the said boards shall be entitled to receive and demand of every applicant the sum of five dollars for each and every examination; and the sum of five dollars for every license.

Sec. 5. And be it further enacted, That the said medical boards be, and they are hereby authorized and empowered to elect all such officers and frame all such by-laws as may be necessary to carry this act into effect; and in case of the death, removal or refusal to serve of any member of the said boards, the said boards or a quorum of them, be, and they are hereby empowered to fill up every such vacancy.

Sec. 6. And be it further enacted, That if any of the members by this act appointed to constitute the board of physicians to meet at the several places herein before appointed shall fail to attend the meetings of the said boards of physicians for two successive annual meetings of the same, shall be no longer considered a member thereof; and it shall be the duty of the presiding member at each meeting of the said boards to note the defaulters at such meetings: Provided however, the provisions of this act shall not be so construed as to prevent either one of the medical boards herein before appointed, from granting a license to any person or persons to practise medicine or surgery alone.

Sec. 7. And be it further enacted, That this act shall not be so construed as to include or operate upon any person who may have been engaged in the practice of medicine or surgery in this state pervious to the passage of this act; Provided, such persons shall apply to one of said boards and have their name enrolled within nine months after the passage of this act: And provided also, that a removal from any county in this state to any other, shall not exempt them from the provisions of this law, if said removal shall exceed thirty miles.


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Sec. 8. And be it further enacted, That any person who shall violate any of the provisions of this act, shall forfeit and pay the sum of five hundred dollars, to be recovered in an action of debt, in any court of record in this state, by any person who may sue for the same; one half thereof to be paid to the said informer, and the other half to be paid into the treasury of the county in which such suit may be tried: Provided, that nothing contained in the foregoing act shall be so construed as to prevent persons from practising as doctors of medicine, who may have received a diploma from any regular constituted medical institution within the United States: And provided further, that such person shall have been engaged in the practise of medicine within two years previous: Provided further, that the said board shall, before they enter on the duties of their appointment, take and subscribean oath before some justice of the peace to discharge the duties imposed on them by this act, without favor, partiality or prejudice.

Sec. 9. And be it further enacted, That the money arising from the examinations as provided by the foregoing sections of this act, shall be applied to the purchase of a medical library for the use of the medical boards, respectively and their successors in office, under such rules and regulations as they may prescribe.

(Approved, Dec. 22, 1823.)

___________

AN ACT

Explanatory of the several acts now in force in this State to suppress Duelling.

Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That any person or persons who may have taken and subscribed the oath mentioned in the "act to suppress duelling,"passed the seventeenth day of December, in the year eighteen hundred and nineteen, may, and it shall be lawful for him or them, to take and subscribe the oath, in the manner and form prescribed in an act, supplementary to an act to suppress duelling, passed on the sixth day of December in the year eighteen hundred and twenty-one; which oath, prescribed in the act of eighteen hundred and twenty-one when taken and subscribed as is therein directed, shall supersede and make null and void to all intents and purposes in law, the oath taken in manner and form as is prescribed by the act of eighteen hundred and nineteen.

(Approved Dec. 24, 1823.)

____________

AN ACT

To repeal in part, and amend an act entitled, "An Act supplementary to an act to establish a State University, passed Dec. 18, 1821.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the ninth section of the above recited act, be, and the same is hereby repealed.


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Sec. 2. And be it further enacted, That it shall be the duty of the treasurer of this state, to receive and safely keep all monies that may be paid over to him by order of the board of trustees, subject to their order: Provided, That the bond now required of the treasurer of this state for the faithful discharge of the duties of his office, shall be given in the penalty of one hundred thousand dollars; which shall operate as security for the safe keeping as well of any funds belonging to the University of this State, that may be at any time deposited in the Treasury of this State, as of monies paid into or deposited in the said treasury on other accounts: Provided also, That the board of trustees be requested to inform the general assembly during the next session, of the amount of money paid over to the treasurer, the time when so paid over, and how long it remained in his care so as to enable them to allow such additional compensation to said treasurer as they may deem just and proper.

[Approved, Dec. 31st, 1823.]

____________

AN ACT

To regulate Escheats in this State, and to appoint Escheators.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That each person who is now, or may hereafter be the judge of any county court within this state, is hereby appointed an escheator for the county, the county court of which he is or may be, the judge, during his continuance in such judicial office; who shall execute his office of escheator in proper person, and not by deputy; and give bond with good and sufficient security to be approved of, and for such sum as may be directed by a judge of the circuit court, not less than ten thousand dollars, payable to the Governor for the time being, and his successors in office, for the use of the state: which shall be duly recorded in the secretary’s office of this state within three months from and after the first day of January, one thousand eight hundred and twenty-four, or in cases where any person may hereafter be appointed to the office of judge of any county court, within three months after such person commences the discharge of the duties thereof, and conditioned for the faithful performance of the duties of the office of escheator: and shall moreover take and subscribe the following oath or affirmation, to be administered by any justice of the peace, to wit: I ___________ do solemnly swear (or affirm) that I will well and faithfully execute the office of escheator, for the county of __________ and diligent inquest make for all property which hath escheated or shall escheat to the state within my jurisdiction, according to the true intent and meaning of the act in that case made and provided, so long as I continue to hold the said office. Which oath shall be filed in the office of the secretary of state within the time herein before prescribed, for recording in the said office the bond aforesaid.


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Sec. 2. Be it further enacted, That if any of the present judges of the county courts refuse to accept the office of escheator, which refusal shall be ascertained by the absence of the bond aforesaid, from the office of the secretary of state, at the expiration of the time herein before limited for recording the same, it shall be the duty of the Governor to appoint and commission as escheator for any county which may be destitute of one by the refusal of any such judge as aforesaid, to accept the said office of escheator, who shall hold the office of escheator and exercise the duties thereof, until a vacancy occurs in the office of any such judge so refusing, and shall be filled occording to law; and if, at any time the office of escheator so filled by the appointment of the Governor as aforesaid, become vacant, the Governor shall as often as such vacancy occurs, fill the same; and any escheator so appointed by the Governor to fill any vacancy in the said office, shall hold his office subject to be determined by the event herein before appointed as aforesaid, in consequence of the refusal of any of the present county court judges to accept the office of escheator.

Sec. 3. Be it further enacted, That each escheator appointed by the Governor, shall before his commission issues, give a bond with good security, and take and subscribe the oath as directed by the first section of this act.

Sec. 4. Be it further enacted, That where it shall appear that any person has died without will, and without heirs, leaving property behind, that then and in that case, it shall be the duty of the escheator of the county where the property may be found to issue his notification of such supposed escheated property; to the judge of the circuit court at least two months previous to the meeting of said court in such county; and the judge presiding at such court shall cause the jury (being first sworn) to proceed and make a true inquest of al such supposed escheated property, both real and personal which by the escheator shall be subjected to their investigation, and a true verdict make thereon; whereupon the judge of the court aforesaid, shall certify the same under his hand and seal to the escheator; who is hereby ordered and directed, to record the same in a book to be by him kept for that purpose: and shall return the original, within two months after the date thereof, into the office of the clerk of the said circuit court, to be there filled and kept as a record of the said court.

Sec. 5. Be it further enacted, That on returning the inquest into the office of the clerk of the court aforesaid, the clerk shall thereupon cause to be advertised in one of the public Gazettes of this state, the first week in every month for six months, the particular description of the property, real and personal; the name of the person last seized and possessed; and the supposed time of his or her death, together

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with the part of the world in which he or she was known or supposed to be born, and requiring his or her heirs, or others, who may claim under him or her, to appear and make claim; and if no person shall appear and make right and title to the same within twelve months after the expiration of the time prescribed for advertising the same, the clerk of the said court shall issue process to be signed by the judge of the said circuit court, to the escheator, pronouncing the said property; both real and personal to be escheated and vested in the state, and directing him forthwith to sell and convey the same according to law.

Sec. 6. Be it further enacted, That as soon as escheated property either real or personal, shall be vested as aforesaid in this state, the escheator shall advertise the sales thereof in one of the public Gazettes of this state, and also in two or more public places in the county in which the property may be found, giving six weeks public notice of the time and place of sale; and shall at the time and place advertised sell the said property on a credit of twelve months; and shall moreover take good and sufficient security for the purchase money and a mortgage of the property before the title to the said property shall be altered or changed; and it shall be the duty of every such escheator to pay into the treasury of this state, the proceeds of every such sale, after deducting for his own use the commission hereinafter allowed to him as a compensation for his services on all moneys received by, and paid to him, on account of such sales, and the necessary expenses thereunto attached.

Sec. 7. Be it further enacted, That any person or persons without delay shall be heard on issue to be made up in the circuit court on a petition setting forth his, her or their right; and the said property either or both real and personal, shall be committed to him, her or them, if he, she or they, shall show good evidence of his, her or their title to hold until the right shall be found for the state or the claimant, such claimant finding sufficient security to prosecute his, her or their suit with effect and without delay; and to render to the state the yearly value of such property, if the right be found for the state: and where no claimant shall appear to make title as aforesaid, the escheator shall rent out the escheated property if the same can be done with advantage to the state, until the process of escheat shall be concluded and the property sold: Provided, That if any suit for property supposed to be escheated shall be prosecuted by any escheator and the jury before whom such trial shall be had shall think there is no probable cause, the court before whom the same shall be tried, shall award to the party aggrieved, his, her or their, reasonable and legal costs, to be paid out of any funds arising under or by virtue of this act.

Sec. 8. Be it further enacted, That where money or other personal estate shall be found in the hands of an executor


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or administrator, being the property of any person heretofore deceased, or hereafter dying and leaving no person entitled to claim according to the statute of distribution and without making distribution of the same, the escheator of the county where such chattels shall be found, shall and may in behalf of the state, sue for and recover either at law or in equity any such money or other personal estate; and pay the money which he may receive, or which may arise from the sale of any other personal estate which may come into his possession, by virtue of any such suit, into the treasury of this state; and the escheator shall advertise the sale of any such personal property, which may come into his possession, for two weeks in one of the public Gazettes of this state; and also in two of the most public places in the county in which the sale is to be made; and shall sell the same for cash at public auction, at the time and place so advertised. And the treasurer of this state for the time being shall advertise the payment so made by any escheator into the treasury, in one of the public Gazettes of this state, once in every month for six months, in like manner as escheated property is herein before directed to be advertised, and if no person shall appear and make good title to such personal estate within twelve months after the expiration of the time prescribed for advertising the same, other than an executor, administrator or their legal representatives, then the money which may have been recovered by the escheator, and the money arising from the sale of any such personal estate, shall become vested in and applied to the use of this state.

Sec. 9. Be it further enacted, That any possession, grant, conveyance, or any other cause or title, shall not preclude or hinder the state from making inquest or sale after the manner herein before prescribed, of all such property both real and personal, as has heretofore escheated to the state or may hereafter escheat by the death of the person last seized or possessed without will and without heirs.

Sec. 10. Be it further enacted, That nothing herein contained shall prejudice the rights of creditors, or other individuals having claims or legal titles or who shall be under the disabilities of infancy, coverture, duresse, lunacy, or being beyond the limits of the United States, until three years after such disabilities shall be removed.

Sec. 11. Be it further enacted, That the said escheators shall each of them as a compensation for his trouble, costs and charges, in discharge of duty, be entitled to receive the commission of eight per cent out of all moneys which in virtue of this act shall be paid by the said several escheators respectively, into the treasury; and where any person or persons shall appear and make title to lands or personal estate after office found by the jury, the circuit court shall have power to make an allowance of such reasonable costs and


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charges, as the escheator hath sustained in promoting the claim of the state, except in cases where he had already received his compensations.

Sec. 12. Be it further enacted, That if any escheator shall fail to do the duty required of him by this act, or any loss or damage shall accrue to this state by his misconduct or fraudulent practices, such escheator shall be responsible for all such loss or damage; and the circuit court of the county wherein such escheator resides, shall have power and authority to order a prosecution in the name of the state and the jury shall try the fact, the judgment shall be rendered against such escheator for any damages which the jury may assess, together with the costs; and further, the no escheator shall directly or indirectly, either by himself of any person whatsoever, purchase or be concerned with any person or persons, in purchasing any escheated property without being subject and liable to the payment of five thousand dollars: to be sued for and recovered in any court of record one half for the benefit of the informer, who shall sue for and recover the same, and the other half for the use of the state.

(Approved, Dec. 20, 1823.)

_________

AN ACT

In relation to the sixteenth sections.

Sec. 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 inhabitants of the several townships in this state, as they may severally judge most convenient and beneficial, taking into view the peculiar situation of their respective townships, to regulate the leasing of the sixteenth sections, and the application of their proceeds, according to the provisions of the laws in force at the commencement of the last session of the General Assembly, or at their option according to the act entitled "an act to provide for the leasing of the sixteenth sections and for the application of funds accruing therefrom to the purposes of education," passed the first day of January eighteen hundred and twenty-three.

Sec. 2. Be it further enacted, That the determination of the inhabitants of the several townships made in pursuance of this act, shall be made known by the trustees for each township to the judge of the county court of the county in which the sixteenth section to which any such determination may relate, within two months after the first day of January, eighteen hundred and twenty-four. Sec. 3. And be it further enacted, by the authority aforesaid, That all acts or parts of acts contrary to this act, be, and the same are hereby repealed.

[Approved, Dec. 30, 1823.]


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AN ACT

To alter and amend the existing laws concerning strays.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That hereafter when any person or persons shall be desirous of posting any estray that may be found on his or her premises, that he, she or they, shall apply to some justice of the peace of the county where such stray may be found, for the purpose of having such estray appraised; and on ascertaining the appraised value thereof in the manner now pointed out by law, the said justice shall require from the person or persons posting such stray or strays, to enter into bond with sufficient security to be approved of by said justice, to the clerk of the county court, and his successors in office, in the sum of the full amount of the appraised value of such stray or strays, conditioned, that he, she, or they will well and truly pay to the said clerk or his successors in office, half the amount of the appraised value of such stray or strays: Provided, the same is not proven away by the owner or owners thereof, within twelve months from the day of such appraisment: And provided also, That the said stray or strays do not die or escape without the connivance or neglect of the taker up.

Sec. 2. And be it further enacted, That if any person or persons shall presume to use any estray or strays without first having given bond as aforesaid, he, she or they, shall be liable to all the penalties prescribed in the fifth section of an act of the general assembly of this state, passed the twenty-first December, eighteen hundred and twenty, to which this is an amendment, entitled "an act to reduce into one of the several acts concerning strays."

Sec. 3. And be it further enacted, That it shall be the duty of the justice before whom such stray or strays may be appraised, to take such bond as is mentioned in the first section of this act: which bond he shall return together with the post note in the manner now pointed out by law for making return of the post note of strays; and said justice shall receive for his services in taking such bond twenty-five cents.

[Approved, Dec. 17, 1823.]

________________

AN ACT

To provide for choosing electors of President and Vice-President 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 there shall be held in each and every county in this state, an election for electors of President and Vice-President of the United States, on the second Monday of November next; which election shall be held in the same manner, at the same places, by the same officers, and under


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the same rules and regulations as is held the elections for members of the General Assembly.

Sec. 2. And be it further enacted, That the persons qualified to vote for members of the General Assembly shall be entitled to vote at such elections so to be held as aforesaid: Provided however, they shall be entitled to vote in any county in this state.

Sec. 3. And be it further enacted, That each ticket shall not contain more than five names, and should there be any such, the first five names on any ticket, shall be considered the only person voted for.

Sec. 4. And be it further enacted, That the sheriff of each and every county in this state, or other officer duly qualified, shall with the managers of said election, within two days after holding the same, ascertain by faithful addition and comparison of the number of votes given for every person who shall be voted for as an elector; and shall reduce the same to writing in words, and not in figures: and the said sheriff or other returning officer, shall under his hand and seal certify the same in substance as follows, to wit: I, A. B. sheriff, or returning officer (as the case may be,) do hereby certify that an election was held on the second Monday of November, eighteen hundred and twenty-four for electors of President and Vice-President of the United States, agreeable to law, and the following contains a true statement of the votes of the county of for the following persons as electors for the state of Alabama, to wit: For A. B._______ votes; for C. D._______ votes; (and so on to the number voted for.) Given under my hand and seal the day of _______ in the year of our Lord one thousand eight hundred and twenty four.

Sec. 5. And be it further enacted, That the said sheriff or other officer shall within twelve days thereafter deliver or cause to be delivered, his return and certificate so made as aforesaid, to the Governor or Secretary of State at the seat of government, under the penalty of one thousand dollars, to be recovered by action of debt in any court having jurisdiction in the name of the Governor; which action shall be brought by the attorney general or solicitor in whose circuit such returning officer so failing shall reside.

Sec. 6. And be it further enacted, That the electors so chosen shall meet at Cahawba on the first Wednesday in December next, and give the votes in such manner as is prescribed by the laws of the United States.

Sec. 7. And be it further enacted, That the Governor shall in the presence of the Secretary of State, Comptroller and Treasurer, or either of them in the absence of the others, examine and count all the votes given and returned for electors of President and Vice-President of the United States, and forthwith proceed to give notice to said electors who shall be elected, by proclamation or otherwise.


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Sec. 8. And be it further enacted, That each sheriff of returning officer shall be allowed for his services the same that such officers are allowed for making returns for members of congress.

(Approved Dec. 26, 1823.)