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AN ACT

Amendatory to an act, entitled "An Act to provide for the printing of the Laws and Journals, and for other purposes," passed December 25th, 1822.

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 public printer elected in pursuance of the above recited act, in addition to the duties therein imposed, to do all the printing that may be ordered for the use of either branch of the general assembly, when in session also whatever printing may be necessary for the executive office, the office of secretary of state, the comptrollers’ office and the treasurers’ office, for the current year.

Sec. 2. Be it further enacted, That the public printer shall be entitled to receive the sum of two thousand dollars, in lieu of the compensation now allowed by law.

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enacted, That all acts, and parts of acts, contravening the provisions of this act, shall be, and the same are hereby repealed.

[Approved, December 17th, 1823]

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AN ACT

To amend the several acts for the settlement and relief of the poor.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That it shall hereafter be the duty of all overseers or the poor, in each and every county in this state, to make just and true returns of all poor persons under their charge and care, to their county courts respectively, on or before the court to be held in the month of August in each and every year; which list shall contain the situation of the paupers, the amount of money necessary to support the same, together with such other circumstances as they may think proper, so as to enable such court to know correctly what sum it may be necessary to appropriate in compliance with "an act to set apart a separate fund, for the support of the poor in each county," passed January 1st, 1823.

Sec. 2. Be it further enacted, That if any overseer of the poor shall fail or refuse to make the report required by the foregoing section, without being able to render a satisfactory excuse for such failure, to be judged of by such court, either by personal appearance or by affadavit by the succeeding court, then and in that case, such overseer shall be liable to a fine of ten dollars by sentence of such court.

{Approved, Dec. 29, 1823}

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AN ACT

To authorise the President and Trustees of the University of Alabama, to dispose of the lands belonging to said institution by admitting entries.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened,


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That after the lands belonging to the University of Alabama shall be again offered at public sale, the president and board of trustees of the University of Alabama, under such rules and regulations as they may prescribe, permit any person or persons to enter said lands: Provided, no entries shall be made for a less price than seventeen dollars per acre, payable in the same manner as prescribed by an act passed on the eighteenth December eighteen hundred and twenty-one, entitled "An act supplementary to an act to establish a State University;" and the property of the principal and security shall be bound for the payment from the time of signing the bond.

Sec. 2. And be it further enacted, That the board of trustees of the University of Alabama, shall have power to provide for the appointment of any number of agents, that they may deem necessary for conducting the public sales, and the entries at private sale.

(Approved, Dec. 30, 1823)

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AN ACT

To provide for taking the Census.

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 all the inhabitants of this State, being heads of families, and persons not belonging to any particular family, to render a true and faithful estimate to the assessors of taxes in their respective counties; such estimates from heads of white families (to be on oath) and contain an enumeration of the whole number of inhabitants belonging to his or her family making a correct distinction between the number of white males over twenty-one years of age; white males under twenty-one years of age; white females over twenty-one years of age; white females under twenty-one years of age; the total of free people of colour (Indians not taxed excepted) and the total of slaves.

Sec. 2. And be it further enacted, That is shall be the duty of the assessor of taxes in each and every county within this state, to claim and receive of all heads of families and other persons as described in the preceding section, the estimate which they are therein required to furnish. The oath required of the heads of families are aforesaid, shall be administered by the said assessor in each respective county, and in form as follows, to wit: You do solemnly swear (or affirm as the case may be) that the estimate which you now render, contains a true and faithful enumeration of the number of inhabitants of which your family consists, with the proper distinction of sexes, age, and colour, to the best of your knowledge, so help you God.

Sec. 3. And be it further enacted, That if any person shall fail to make a return of him or herself and family, or any part thereof being thereunto requested by the said assessor, or shall knowingly make a false or improper return, he or she shall be fined in the sum of fifty dollars, to be recovered before any justice of the peace, or judge of the county court of the county one half thereof to the use of the informer, and the other half thereof to be paid into the county treasury.


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Sec. 4. And be it further enacted, That the following form shall be adopted and used by each and every assessor in this state, for the classification of the inhabitants:

Census Form.

Names of heads of families. White males over twenty-one years. White males under twenty-one years. White females over the age of twenty-one. White females under twenty-one. Total of white inhabitants. Total of free people of colour. Total of Slaves.  Total of inhabitants.

Sec. 5. And be it further enacted, That each and every assessor in this state shall, before he enters on the duties of his office, in addition to the oath required of him by law as assessor, take and subscribe before some person authorized to administer the same, an oath in the following form, to wit: I, A B, do solemnly swear (or affirm as the case may be) that I will take the census of the county of _________ according to the true intent and meaning of this act, to the best of my knowledge, so help me God. Which said oath subscribed and sworn to, shall be transmitted, together with a copy of said enumeration, agreeably to the foregoing form, to the secretary of state; and also another copy of the enumeration in form as aforesaid, to the speaker of the House of Representatives of this state, on or before the first day of the next session of the General Assembly; and each and every assessor failing to comply with the requisitions of this act, shall be fined in the sum of two hundred and fifty dollars, recoverable before any court having competent jurisdiction, one half thereof to the use of the informer, and the other half to be paid into the state treasury.

Sec. 6. And be it further enacted, That each and every assessor shall be allowed as compensation for taking the census as follows, to wit: when the census shall not exceed one thousand, two dollars per hundred; when it shall exceed one thousand, and not exceeding two thousand, one dollar and seventy-five cents; when it shall exceed two thousand, and not exceeding three thousand, one dollar and fifty cents; when it shall exceed three thousand, and not exceeding five thousand, one dollar and twenty-five cents, when it exceeds five thousand, one dollar.

Sec. 7. And be it further enacted, That the comptroller is hereby authorized and required to issue his warrant on the treasury of this state in favor of said assessor for the same, upon the certificate of the secretary of state, that the copies required by this act have been duly received, specifying in said certificate the total number of inhabitants in each county.

(Approved Dec. 31, 1823.)

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AN ACT

To establish the town of Carthage, in Tuskaloosa county.

Section 1 . Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the town laid out by Mr. Harper, at McCown’s bluff, in Tuskaloosa county, be and the same is hereby established and incorporated by the name of the town of Carthage.

Sec. 2. Be it further enacted, That hereafter, the landholders, house holders, free-holders, and every free white male of full age, who may have resided in the said town of Carthage, six months previous to the election of commissioners, on the second Monday in March next, and on that day in each succeeding year, are hereby authorized to hold an election, at some convenient house within said town of Carthage, to commence at ten o’clock in the morning, and close at three o’clock in the evening, for the purpose of electing by ballot seven commissioners, resident citizens of said town; also a town constable, assessor and treasurer; and the commissioners thus elected, shall on the succeeding day, choose from their own body, a president for the year next ensuing every such election; and the president and commissioners thus elected, shall constitute a body corporate, by the name and style of "the President and Commissioners of the town of Carthage; a majority of whom shall constitute a quorum to do business: Provided, That the offices of constable and assessor, may or may not at discretion be conferred on the same person; And Provided further, That all persons as aforesaid, who may have had a settlement in said town, may vote at the first election, hereby authorized to be holden.

Sec. 3. Be it further enacted, That the president and commissioners, and other officers, elected as aforesaid, shall proceed in the same manner possess the same powers, and be subject to the same restrictions as are provided by law for the government of the president and commissioners of the town of Tuskaloosa.

Sec. 4. Be it further enacted, That John D. Richards, Isaac E. Frierson, Robert Harper and Wiley Buck, or any two of them, are hereby authorized to hold the first election, as pointed out by the second section of this act; and that all future elections shall be held by the president and any one of the board of commissioners, or in case of the absence of the president, then by any two of the commissioners aforesaid.

(Approved, Dec. 29, 1823)

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AN ACT

To incorporate the town of Greensborough, in the county of Greene.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the town of Greensborough, in the county


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of Greene, be, and the same is hereby established, and incorporated, including the quarter section, containing the plan of said town.

Sec. 2. And be it further enacted, That an election shall be held at the house of Captain Yates, in said town, on the first Monday in January next and on the same day in every year thereafter, to commence at ten o’clock in the morning and close at two o’clock in the evening, for the purpose of electing seven councillors, inhabitants of said town, who shall serve for the term of one year; the election shall be held and conducted by a justice of the peace and two house holders of said town; and all subsequent elections shall be conducted by two of the councillors, to be appointed by the board for that purpose; and the said councillors shall on the next day after said election in each and every year, meet and hold an election for an intendant who shall be elected from their own body by a majority of said councillors and the said councillors; shall be, and they are hereby constituted a body corporate by the name and style of the intendant and council of the town of Greensborough; and the said corporation is hereby endowed with the same powers and privileges and shall be subject to the same restrictions and regulations, and in all their proceedings, shall be governed in the same manner as is provided for in "an Act to incorporate the town of Montgomery in the county of Montgomery; passed at Huntsville the third day of December, eighteen hundred and nineteen.

(Approved, Dec. 24, 1823}

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AN ACT

To incorporate the Trustees of the Claiborne Academy.

Whereas sundry citizens of Monroe county, and others have set forth by their petition to this General Assembly that they labor under great inconvenience from the want of an established and permanent seminary of learning, and have associated together in order to secure the benefits of regular and liberal instruction.

Section 1. Be it therefore enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That Charles Tait, John Bonner, William W. McConnico, John Murphy, Arther P. Bagby, James H. Draughon, Wm. B. Patton, Jas. A. Ranalson, James Simpson, John W. Moore, Murdoch Murphy, and Nat. Dodson, trustees of the Claiborne Academy, and their successors in office, appointed or elected, according to the rules and regulations which may be adopted by said trustees, shall be, and they are hereby incorporated, and made a body politic and corporate in deed and in law, by the name and style of the Trustees of the Claiborne Academy.

Sec. 2. And be it further enacted by the authority aforesaid, That the said corporation, by their name aforesaid


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shall have perpetual succession of officers and members according to the rules and regulations which may be established for the government of said corporation, and they may have a common seal with power to alter and make new the same, and to amend and make new the said rules and regulations as often as they shall deem expedient; and the said corporation shall be able and capable in law to purchase, have, hold, possess, enjoy, and retain, in perpetuity for any term of years, any estate, real or personal, of what kind or nature soever; and to sell, alien, or dispose of the same, as they may think proper for the benefit of said academy and to receive and apply as aforesaid any subscription or donation: and by its name as aforesaid to sue and be sued, plead and be impleaded, answer and be answered unto, in any court of law or equity in this state: Provided, the said rules and regulations be not repugnant to the constitution and laws of this state, and of the United States, and that the said corporation shall not be entitled to have, hold or retain as aforesaid any estate, real or personal of an annual income exceeding ten thousand dollars.

Sec. 3. And be it further enacted by the authority aforesaid, That the trustees of said academy, shall have power to locate the said academy within the corporate limits of the town of Claiborne, to purchase land for the said location, to contract for the necessary buildings, and engage suitable instructors, and in general, to do all acts which are incident to bodies corporate, for the benefit of said acedemy.

Sec. 4. And be it further enacted by the authority aforesaid, That the trustees appointed by this act, shall hold their office for the term of three years from the time of entering upon the duties of the same, and should vacancies occur by death, resignation or otherwise, they shall be filled according to the rules and regulations which may be established in that behalf by the said corporation and the said corporation shall make provision, that in future appointments of a board of trustees, one third of the said trustees shall go out of office, and be re-eligible in each and every year.

(Approved, Dec. 31, 1823)

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AN ACT

To incorporate the town of Greenville in the County of Butler.

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 village of Greenville in the county of Butler (being the present seat of justice of said county,) be, and is hereby incorporated; and that the same be hereafter known by the name of the town of Greensville.

Sec. 2. And be it further enacted, That all the provisions


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and requisitions of "An act to incorporate the town of Montgomery in the county of Montgomery, passed December third, one thousand eight hundred and nineteen," exclusive of the first section of said act shall apply to the organization and government of said town of Greenville: Provided, That the tenth section of said recited act shall not be so construed as to authorize persons residing without the limits of said corporation of Greenville to vote for town officers for the same.

Sec. 3. And be it further enacted, That it shall be the duty of the judge and commissioners of the county of Butler when sitting for such purposes to cause all the hands residing within the limits of said town of Greenville, liable by law to work on public roads, to be apportioned to work on the several public streets, avenues, and squares within said limits, 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 apportioned, shall be required to work thereon, under the rules and regulations which are now, or may hereafter be prescribed by law.

Sec. 4. Be it further enacted, That if at any time it shall be considered that the quantity of labor required on said public streets, avenues, and squares, falls short of the labor performed by hands in adjoining precincts, then and in that case, said court shall prescribe what sort of service shall be by the hands residing in said town, performed; which shall be on main roads leading into said town and immediately contiguous thereto: Provided however, That the hands thus apportioned shall not be required to work a great number of days in any one year, than other hands are, by law required to work on public roads.

Sec. 5. And be it further enacted, That no hands residing out of the limits of said town of Greenville shall be required to work on said public streets, avenues, and squares, within said limits.

(Approved, Dec. 30, 1823.)

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AN ACT

To repeal in part and amend an act, entitled "An act to incorporate the town of Athens in Limestone County," passed the 19th day of November 1813.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the president of the trustees of town of Athens appointed as is required in the above recited act, so soon as he shall have procured, the certificate of the judge of the county court of Limestone county that he has taken the oath prescribed by law for justices of the peace, be, and he is hereby made competent to perform all the duties and acts which he has heretofore been able to perform, when commissioned by the Governor.

Sec. 2. And be it further enacted, That so much of the


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above recited act as requires the president aforesaid to be commissioned by the Governor, be, and the same is hereby repealed.

(Approved Dec. 31, 1823.)

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AN ACT

To amend an act entitled an act to incorporate the Huntsville Fire Engine Company, passed December 10th, 1822.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the persons who now are, or hereafter may be residents within the corporate limits of the town of Huntsville, who have become members of the Fire Engine Company of the town of Huntsville, or who may hereafter become members of said Fire Engine Company agreeably to the act of incorporation, passed as aforesaid, shall be exempt from military duty in time of peace, so long as they reside within the corporate limits of the town of Huntsville and continue to perform the duties imposed by the by-laws of said Fire Engine Company: Provided, That no person shall be exempt from performing military duty under the provisions of this act, in time of war, invasion, insurrection or any emergency of the country which may require their services; in which case the colonel of the regiment shall be authorized to issue an order placing them under the same restrictions, liabilities and regulations as are imposed by law, on the militia of this state: Provided, Said Fire Engine Company shall at no time contain more than fifty members: Provided also, That the commandment thereof, shall make return of the strength of his company in the same manner that is provided by law, for the captains of militia companies.

(Approved Dec. 10, 1823)

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AN ACT

To improve the navigation of the Coosa river and to aid in its connection with the Tennessee waters.

Whereas, the utility, of uniting the waters of Mobile and Tennessee rivers, is a subject of the highest importance; and the practicability of the measure, being admitted by every reflecting mind, to afford the facilities of commerce, between different sections of country, which eminently depend upon each other, to open an extensive market for our merchandize, and receive in return, the produce of one of the finest portions of the United States; we deem it advisable to adopt such rules and regulations as are most likely to give success to the undertaking.

Section 1. Be it therefore enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That a company shall be established for improving the navigation of the Coosa river, and co-operating with such company as may be incorporated by the legislature of the State of Tennessee for opening a communication between the waters of Tennessee and Alabama rivers.


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Sec. 2. Be it further enacted, That the capital stock of said company shall not exceed the sum of one hundred thousand dollars; unless, hereafter enlarged by law; exclusive of such sum as the general assembly may hereafter think proper to subscribe: the right to make such subscription is hereby reserved to the state, to an unlimited amount.

Sec. 3. And be it further enacted, That subscriptions for stock, each share to consist of fifty dollars, shall be opened on the first Monday of October next, at the town of Montgomery; under the superintendance of John D. Bibb, C. C. Billingsley and William Sayre:

At the town of Washington, Autauga county, on the first Monday of October next, under the superintendance of. John W. Freeman, William R. Pickett & James Jackson.

At the town of Coosawda, on the first Monday of October next, under the superintendance of Peyton Bibb, Bolling Hall and James S. Walker.

At the town of Ashville, on the first Monday of October next, under the superintendance of Robert Lawson, Isaac S. McMeans and George Shotwell.

At the town of Selma, on the first Monday of October next, under the superintendance of Gilbert Shearer, Edward Conway and William Johnston.

At the town of Cahawba, on the first Monday of October next, under the superintendance of Uriah G. Mitchell Samuel Pickens and Jesse Beene.

At the town of Claiborne, on the first Monday of October next, under the superintendance of James H. Draughan, Alexander Torry and William W. McConnico.

At the city of Mobile, on the first Monday of October next, under the superintendance of Thomas L. Hallett, Thomas T. Holt and Thomas J. Burney.

And the town of Blakely, on the first Monday of October next, under the superintendance of Russell Stebbins, James L. Seabury and Gideon J. Mills, which subscriptions shall be kept open for forty days at each place.

Sec. 4. Be it further enacted, That superintendants at Cahawba shall have full power and authority to appoint agents to open subscriptions at any other place, or places they may deem proper and to publish the times of opening the same, in some news paper, published nearest the place or places of opening such subscription.

Sec. 5. Be it further enacted, That one tenth part of each share shall be paid at the time of subscribing, and the remainder payable by instalments not to exceed the rate of one tenth for every six months thereafter. The times of payment to be published in the newspapers at Cahawba Montgomery, and Mobile every week, for two months be fore the respective payments shall be required to be made Such times of payment to be determined by the directors. The payments to be made in specie paying currency. The


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superintendants shall place the monies in the nearest bank, or other secure hands for safe keeping, and shall immediately after the term of subscription, give notice in writing to the superintendants at Cahawba, of the names of subscribers, the number of shares subscribed by each, and the monies paid in. And in case the aggregate amount of subscriptions, amount to thirty thousand dollars, then the superintendants at Cahawba, shall publish a day and place for the election of seven directors every share to be entitled to one vote, and stockholders to be entitled to vote by proxy. The said superintendants at Cahawba to have full power and authority to appoint managers for holding such election.

Sec. 6. And be it further enacted, That in case the whole amount of subscriptions shall not amount to the sum of thirty thousand dollars, the superintendants at Cahawba, shall forthwith determine, as their discretion may direct, either to order and advertise for opening subscriptions again at the places aforesaid by the same superintendants, or others in case of death or removal of those previously appointed or to direct the repayment to subscribers, the sums respectively subscribed and paid.

Sec. 7. Be it further enacted, That the company hereby established shall be, and the same is hereby made a body politic and corporate, under the name and style of the "Coosa Navigation Company," and shall so continue until one thousand eight hundred and forty-eight; and by that name shall be, and are hereby made able and capable in law, to have, purchase, receive, possess, enjoy, and retain to them and their successors, lands, rents, tenements, hereditaments, goods, chattels, and effects of whatever kind, nature and quality, to an amount not exceeding in the whole one hundred and fifty thousand dollars, including in the amount of capital stock. And the same to sell, grant, demise, alien or dispose of; to sue and be sued, plead and be impleaded, answer and be answered unto, defend and be defended in any suit, action, matter, or thing, in any court either of law or equity or any other place whatsoever; and also to make, have and use a common seal, and the same to break, alter, or renew at their pleasure. And also, to ordain, establish and put in execution, such by-laws, ordinances and regulations as they shall deem necessary and convenient for the government of said corporation, not being contrary to the laws of this state, or of the United States and generally to do and execute all and singular the acts, matters and things, which to them may appear necessary, or which to them it shall or may appertain to do, as incident to the bodies corporate; subject, nevertheless, in addition to the restrictions, limitations and provisions hereinafter prescribed and declared.

Sec. 8. Be it further enacted, That the directors shall


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meet and organize and appoint such officers as may be necessary for conducting the business of said company. They shall keep regular accounts, and make an annual report of their proceedings and finances to the legislature of this state. In case of the death, resignation or removal, of any one of the directors or should a vacancy occur in any manner whatever, in the board of directors, a majority of the remaining directors may fill such vacancy. And an annual election of directors shall be held on the first Monday of December, in each and every year at Cahawba. The directors shall have power to change the place of election of directors giving public notice thereof in some news paper at least two months before the election.

Sec. 9. Be it further enacted, That the directors, a majority being present, shall have power to determine upon all plans of improvement relative to the contemplated improvement; and may authorize a committee or agents to contract for, or to superintend the execution of any such plan; and to make contracts for necessary supplies or for such engineers, and loborers, as may be required, not to exceed in amount or value the sums appropriated by the board of directors.

Sec. 10. Be it further enacted, That the directors may subscribe to such company as may be incorporated by the legislature of the state of Tennessee, for the purposes mentioned in the first section of this act, a sum not exceeding the one third part of the whole subscribed capital of the company hereby incorporated: Provided, That on such subscription shall be made unless the assent of a majority in interest of the stockholders be obtained in writing.

Sec. 11. Be it further enacted, That the directors shall have power, to enforce the payment of a stock subscribed either by making a failure amount to a forfeiture or otherwise.

Sec. 12. Be it further enacted, That when the improvement of the fall, called Wetumka shall be deemed by the directors to be completed, and the directors, shall desire liberty to receive toll for the passage of boats over the same, they shall apply to the Governor of this state who shall cause the same to be examined; and in case such improvement is deemed completed, so as to admit the easy and safe ascent, and descent of boats of fifty tons burthen, then he shall certify the same to the directors: Whereupon they shall be authorized to make regulations for receiving toll, not exceeding the rates hereinafter mentioned, that is to say: For each barrel, twelve and a half cents.

Sec. 13. Be it further enacted, That when the several shoals above the Wetumka Falls, including those at the Ten Islands, shall be deemed completed as far as to allow the easy and safe ascent and descent of boats of twenty tons, then the directors may apply to the Governor, of this state,

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and obtain a certificate in like manner, as is provided in the last preceeding section of this act; and shall thereupon be authorized to make regulations for receiving toll not exceeding the rates hereinafter mentioned, viz: For each barrel twelve and a half cents.

Sec. 14. Be it further enacted, That when the directors shall certify to the Governor of this state, that any shoal, or shoals, is, or are in a partial state of forwardness so as to admit of the safe ascent, and descent of boats of twenty tons, the Governor, shall, on being satisfied with the state of improvement of said river, or any part thereof, grant liberty to receive toll at such rates as from the state of the works he may deem proper.

Sec. 15. Be it further enacted, That the directors after receiving said toll on all or any part of the works, shall commence, and declare semi-annual dividends on the first Monday of June and December, in each and every year, of nett proceeds, as may be above all expenses, and sums necessary for repairs and improvements.

Sec. 16. Be it further enacted, That stock shall be transferable, only on the books of the company.

Sec. 17. Be it further enacted, That the directors, by and with the consent of a majority in interest of the stockholders, may enter into such contract, with any company which may be formed by the state of Tennessee for opening the communication between the waters of Tennessee, and Alabama Rivers, which may be requisite to complete a canal or improve the waters in Tennessee leading to the point of communication, as they may deem proper, not contravening any of the laws and regulations of the state of Tennessee.

(Approved, Dec. 30th, 1823.)