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AN ACT

To establish the permanent seat of justice in the county of Shelby.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That James Neil, William Camron, John Brown, Samuel Nabors, Mitchell A. Porter, John Kidd and John Wiseman, be, and they are hereby appointed commissioners for the purpose of selecting three or more of the most eligible and convenient sites, as near the centre of said county as practicable, one of which shall be selected as the seat of justice, for the said county, in the manner hereinafter provided for.

Sec. 2. And be it further enacted, That the commissioners aforesaid, or a majority of the, shall have power and authority to procure by purchase or otherwise, all such sites as they may think proper to put in nomination, and to make conditional contracts, for the same; which conditional contracts shall be affirmed as to the one selected in the manner herein provided for by this act.

Sec. 3. And be it further enacted, That the commissioners aforesaid shall, so soon as they fix upon and contract for


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the sites as provided for in the second section of this act, notify the sheriff of the said county thereof, and furnish him, with the number of sites selected and a written copy of the terms, upon which each site can be obtained.

Sec. 4. And be it further enacted, That it shall be the duty of the said sheriff, so soon as he receives the statement of the commissioners aforesaid, to proceed to advertise an election to be holden, in the county aforesaid, on the first Monday, in April next, at the places, by law, appointed for holding the general elections therein, putting in nomination the places nominated by the said commissioners; annexing thereto the terms upon which each place can be obtained; which intended election shall by the proper officer, be advertised, at each election precinct, at least fifteen days, previous to such election day, and be conducted strictly pursuant to the election laws, now in force in this state.

Sec. 5. And be it further enacted, That the site having the greatest number of votes, thus nominated, shall be the permanent seat of justice, for the county of Shelby.

Sec. 6. And be it further enacted, That the commissioners aforesaid shall meet at the place of holding courts for said county as early as practicable, which shall not exceed the second Saturday in March next, for the purposes aforesaid; and adjourn from day to day until they have completed their nominations: Provided, That the said commissioners before entering on their duties shall take and subscribe the following oath or affirmation, before some justice of the peach, for said county, to wit: I ________ do solemnly swear (or affirm as the case may be) that I will select and put in nomination, three or more sites for the seat of justice for the said county of Shelby, at or as near, the centre of the said county as eligible sites can be had according to my best judgment, without favour, fear, or partially, or without any other consideration whatsoever, other than the common good and equal rights, and interest of the said county generally: Provided also, That it shall be the duty of the judge of the county court for said county, to fill such vacancies as may occur by the death, resignation, or refusal to act, of any of the commissioners appointed by this act; which commissioners appointed as aforesaid, shall be vested with all the powers and authority which the commissioners appointed by this act are vested with; and shall be subject to all the restrictions, and shall take the same oath as is required of said commissioners, and shall be entitled to the same renumeration for their services.

Sec. 7. And be it further enacted, That the said commissioners or a majority of them, shall after the said sites is fixed upon as aforesaid have power to dispose of any and all such real estate, as they may receive by donation, purchase, or otherwise, so as to promote the interest of the county: and shall farther have power, and authority to contract for


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all the necessary public buildings, for the said county shall have the direction of their several constructions, and superintend, reject or receive the same, when completed.

Sec. 8. And be it further enacted, That the commissioners appointed by this act, or such as may perform the duties herein required shall each receive as compensation for their services, one dollar and fifty cents per day for each day they may be necessarily employed in performing that duty, which compensation, shall be paid out of any moneys remaining in the county treasury, not otherwise appropriated: Provided, That they shall first apply to the clerk of the county court, and give in on oath the number of days he or they have been employed as aforesaid, and shall procure a certificate from the clerk to that effect.

Sec. 9. And be it further enacted, That all laws contrary to the provisions of this act, be, and the same are hereby repealed.

(Approved, Dec. 17, 1823)

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AN ACT

To establish the Seat of Justice in the County of Pike, and for other purposes.

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That Alexander Jackson, Andrew Townsull, Benjamin Bauldwin, William Cox, and Bartlett C. Williams, be, and they are hereby appointed commissioners to fix on a site for the seat of justice for the county aforesaid.

Sec. 2. And be it further enacted, That the aforesaid commissioners or a majority of them, shall have full power to select a site as the seat of justice for the county aforesaid; to contract for and superintend the building a courthouse and jail for said county. And it shall be the duty of said commissioners to accept propositions and donations for completing said buildings so as to relieve the county from taxation or to incur as little expense as possible.

Sec. 3. And be it further enacted, That the commissioners aforesaid, before they enter on the duties of their appointment, shall take the following oath or affirmation, to wit: I, do solemnly swear (or affirm) that I will discharge the duty imposed on me as commissioner for the county of Pike without partiality or favor, so help me God.

Sec. 4. And be it further enacted, That there shall be three election precincts in the county aforesaid, one at the house of Jacob Dyre’s, one a Thomas Warren’s and one at the house of Andrew Townsull.

Sec. 5. And be it further enacted by the authority aforesaid, That the present place of holding courts in said county shall be continued as the temporary seat of justice, until other buildings are erected.

Sec. 6. And be it further enacted, That all laws coming

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within the power and meaning of this act, be, and the same are hereby repealed.

[Approved December 17, 1823.]

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AN ACT

To establish certain Election Precincts therein named.

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly con-convened, That an election precinct be, and the same is hereby established in and for Baldwin county, at the house of John Matly in the village of "Belle Rose" on the cast margin of Mobile Bay.

Sec. 2. And be it further enacted, That an election precinct be, and the same is hereby established at Mobile Point, in Baldwin county, at such house as the sheriff thereof may designate from time to time in his notice; and that the election precinct heretofore fixed at Fish River, be, and the same is hereby discontinued.

(Approved, Dec. 29, 1823)

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AN ACT

To establish certain Election Precincts therein named, 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 the election precinct heretofore established at the house of John Lewis, on Pine Flat in the county of Autauga, be, and the same is hereby discontinued; and that the following election precincts be, and the same are established in said county, to wit: one at the house of Francis Posey, senior, on Chesnut Creek; one at the tow of Coosawda; one at the house of John Walker in Captain Hogg’s district; and one at the house of John Gray on Coosa River.

Sec. 2. And be it further enacted, That two additional precincts be established, one at the house of Captain John Wafford on Poplar Creek, and one at the house of Clements, in Limestone county.

Sec. 3. And be it further enacted, That the precinct heretofore established at the house of John Rose, on Cedar Creek, in the county of Dallas, be discontinued; and that an election precinct be established at the store of William Foster, on Cedar Creek in said county.

Sec. 4. And be it further enacted, That in addition to the places of holding the general elections now established for Franklin county, there shall be one established at the house of Henry Simonton, on the waters of Town Creek.

Sec. 5. And be it further enacted, That the election precinct heretofore established at Green’s Old Store on Turkey Creek, in Jefferson county, be, and the same is hereby discontinued; and that an additional precinct be established at Captain Bryant’s on the north side of said creek.


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Sec. 6. And be it further enacted, That the election percinct heretofore established at the house of Noah B. Coker in Bibb county, be, and the same is hereby discontinued; and that in lieu thereof, there be one established at the house of Matthew Cox; and also an additional precinct be established at the house of Ezekiel Miller in said county.

Sec. 7. And be it further enacted, That the election precinct heretofore established at the house of John Sharpe, in Greene county, be, and the same is hereby discontinued; and that in lieu thereof, one be established at Captain Gilmore’s muster ground; and an additional precinct be established at the store of Major Whitsett in the village of Havanna in said county.

Sec. 8. And be it further enacted, That two additional precincts be established in Pickens county, to wit: one at the house of Robert Bridges in Captain Prewitt’s company; one at the house of Samuel Paden, on Lauxepelila; also one election precinct in Tuskaloosa county, at the house of Richard Jones in Duke’s Valley; and one at Vanhoo’s Store in said county.

Sec. 9. And be it further enacted, That two election precincts be established in the county of Montgomery, to wit: one at the house of William Miles, esquire; and one at the sotre of Willie J. Sorrell.

Sec. 10. And be it further enacted, That an additional election precinct be established in the county of Henry, at the house of Benjamin Hawkins.

Sec. 11. And be it further enacted, That two additional election precincts be established, one at the house of Joseph Ship and one at the house of Thos. Skanes in Butler county.

Sec. 12. And be it further enacted, That three additional election precincts be established in the county of Monroe, to wit: one at the house of Thomas McConnels on Rocky Mount, one at Captain John Hambreck’s on Flat Creek; and one at Captain Brown’s on Pine Orchard.

Sec. 13. And be it further enacted, That an additional election precinct be established at the house of John Littlefield in the county of St. Clair.

Sec. 14. And be it further enacted, That the election precincts heretofore established at the house of David parkles, and the one heretofore established at the house of George D. Nevels, in Decatur county be, and the same are hereby discontinued; and one precinct be established at the house of Ephraim Bridges in said county; and one at the house of Randolph Boshart in said county.

Sec. 15. And be it further enacted, That an additional election precinct be established in the county of Shelby at the house of Abraham Smith; and that the election precinct heretofore established at Henry Robeson’s is hereby discontinued.

Sec. 16. And be it further enacted, That there be an ad-


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ditional election precinct in Tuskaloosa county at the house of Thomas Keeser.

Sec. 17. And be it further enacted, That the election precinct held at Thomas Jones’, in Blount County, be, and the same is hereby repealed.

Sec. 18. And be it further enacted, That in addition to the election precincts already established, there shall be, from and after the passage of this act, one established at the house of Daniel McCarns, in Jefferson county.

Sec. 19. And be it further enacted by the authority aforesaid, That the election precinct heretofore established at Cotton’s Bluff in Conecuh county, be discontinued; and that there be a precinct at Fort Crawford in said county.

Sec. 20. And be it further enacted, That in the county of Perry there shall be two additional election precincts; one at the house of Doctor Locket, the other at the house of Samuel A. Jones on the west side of Cahawba River: and that the election precinct at Oliver and Durden’s Store, east of Cahawba River, is hereby discontinued: and in lieu thereof an election precinct is hereby established at Lee and Ford’s Mill, east of Cahawba River.

Sec. 21. And be it further enacted, That there shall be an additional election precinct for Dallas county established at the house of John Rainers on the west side of Bogue-Chitto Creek.

Sec. 22. And be it further enacted, That the election precinct heretofore held at the house of Henry Bradford in St. Clair county, be discontinued; and that one be established at the house of Thomas C. Bradoford in lieu thereof.

Sec. 23. And be it further enacted, That the election precinct at the house of John Jinkins in Wilcox county, be discontinued; and that an election precinct be established at the house of William Stubblefield in said county.

(Approved Dec.22, 1823.)

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AN ACT

To revise and amend an act, entitled "An act to revise, consolidate, and amend the several acts, relative to the Militia of this State."

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That lieutenant colonels and majors shall hereafter be elected by all free white males over the age of eighteen years within their respective battalions; and that the aforesaid officers shall reside within the limits of their battalions; and all battalion and platoon officers hereafter elected, shall upon the certificate of the colonel commandant, or commanding officer of any regiment, certifying that any person has been duly elected to any military appointment in their respective command, shall be sufficient to constitute the person so elected, the proper officer of such battalion or company; who shall upon the receipt of the aforesaid certificate be vested with the same authority, and as


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amenable to the militia laws of this state as commissioned officers: Provided, That no person shall enter on the discharge of any military duty unless he take the oath heretofore prescribed: Provided also, that nothing herein contained shall interfere with the mode heretofore prescribed for contesting elections.

Sec. 2. And be it further enacted, That it shall be the duty of the commanding officer of the different regiments of this state to forward on to the secretary of state, the names of officers thus elected, within their respective commands and on the receipt of the same, the Governor shall commission accordingly ;and should the person elected refuse of neglect for thirty days after the receipt of his commission, to qualify and to notify the commanding officer of the regiment of his having qualified as directed by law, the officer thus refusing or neglecting, shall be presumed to have resigned and shall be disqualified from holding any military appointment for two years thereafter.

Sec. 3 And be it further enacted, That it shall hereafter be the duty of adjutants to drill all the officers of their respective regiment the day preceding the regimental muster, under the superintendence of their colonel commandment or commanding officer; and that all non commissioned officers be, and they are hereby, exempted from attending said drills.

Sec. 4. And be it further enacted, That in addition to the duties heretofore prescribed for adjutants of regiments, they are hereby required within ten days after their regimental muster, to furnish their colonel commandment or commanding officer, with a full and complete return of the strength of the regiment; which return shall be countersigned by the commanding officer and transmitted within twenty days thereafter to the adjutant general of this state: whose duty it shall be to consolidate the same, should he not receive the returns of the assistant adjutants general, or should they not be complete.

Sec. 5. And be it further enacted, That the following fines shall be assessed on officers and privileges failing to perform any of the duties required by the militia laws of this state: on a major or brigadier general, not less than fifteen nor more than two hundred dollars; on a colonel, not less than ten nor more than one hundred dollars; on a lieutenant colonel or major, not less than eight nor more than seventy five dollars; on a captain, not less than four nor more than fifty dollars; on a lieutenant or ensign, no less than three nor more than thirty dollars; on any of the regimental staff, not less than three nor more than thirty dollars ;on non-commissioned officers, not less than two nor more than ten dollars: and on privates, not less than one nor more than three dollars.


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Sec. 6. And be it further enacted, That the superintendants of elections for company officers, in addition to the returns now required by law, shall furnish the person elected with a certificate of his election.

Sec. 7. And be it further enacted, That company courts martial shall be held not less than ten, nor more than twenty days after their respective musters, of which, all delinquents shall be notified by a non-commissioned officer, at least five days previous to holding said court martial; and any person aggrieved by the decision of said court, shall within ten days thereafter be entitled to an appeal to the battalion court martial.

Sec. 8. And be it further enacted, That general courts martial shall hereafter be composed of a majority of the field officers within the brigade, for the purpose of trying field and platoon officers charged with capital offences; and that the power to try all delinquents, commissioned and noncommissioned officers and privates at regimental drills and musters be given to the regimental courts martial: Provided, That any person thinking himself aggrieved shall within ten days after the adjournment of said court martial, have the privilege of appealing to the general court martial; and it shall be the duty of the presiding officer of said regimental court martial upon an appeal taken, to forward on the proceedings in the case to the general court martial.

Sec. 9. Be it further enacted, That judge advocates hereafter attending courts martial shall be allowed no more than four dollars for each day they may be engaged in completing the records of the same.

Sec. 10. Be it further enacted, That it shall be the duty of the quarter master-general to have the public arms now in the arsenal cleaned, and such of them repaired as can be rendered serviceable.

Sec. 11. Be it further enacted, That so much of the militia laws of this state as makes it the duty of the assistant adjutants general to attend the regimental drills, musters and reviews, and paying him for the same; and so much of the aforesaid law as requires persons to swear they are unable purchase a gun without injury to themselves or families; and all other parts of the aforesaid law that conflicts with the provisions of this act, be, and the same are hereby, repealed: Provided, however, That this act shall not be so construed as to require any one to appear on parade with a gun who does not own one.

Sec. 12. Be it further enacted, That the volunteer infantry company, in the town of Tuskaloosa, be, and the same is hereby incorporated, under the name and style or The Tuskaloosa Volunteers, so far as to enable said company to ordain, establish, and enforce such rules, regulations and by-laws, in relation to their own body, as may tend to promote subordination and discipline in the same.


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Sec. 13. Be it further enacted, That the quota of public arms hereafter received shall remain in the arsenal boxed up, occasionally examined, cleaned and oiled, under the superintendence of the quarter master-general; and that the Governor is hereby required to examine into the state and condition of said arms as often as may, in his opinion be necessary- and that so much of the existing laws as conflicts with the provisions of this section, be, and is hereby repealed.

(Approved, Dec. 31, 1823.)

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AN ACT

Dividing the twenty-second regiment of the Alabama Militia.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the Cahawba River from where it passes the line of Dallas county, down the same to its confluence with the Alabama river, thence down said river to the mouth of Cedar creek, thence up said creek to the point where the line of division between the counties of Dallas and Wilcox crosses the same, shall be the dividing line between the twenty-second and forty-first regiments.

Sec. 2. And be it further enacted, That all that part of Dallas county, lying cast of said rivers and the said Cedar creek, shall constitute the twenty-second regiment; and all that part of said county, lying west of said rivers and creek, shall constitute the forty-first regiment of Alabama militia: and it is hereby made the duty of the brigadier general, to issue his writ for the election of a colonel commandment of said forty-first regiment, who, as soon as he shall be elected and qualified, shall proceed forthwith to organize said regiment according to law: Provided, That nothing in this act contained, shall be so construed as to prevent an exchange of companies or any alteration in the boundaries of the regiments, should a majority of the commissioned officers of the regiments think it advisable so to exchange or alter said boundaries: Provided further, That whenever the population on the east side of the Alabama river shall be sufficient to form a regiment, then the said Alabama river shall be the dividing line between said regiments, and shall not be subject to any alteration, unless otherwise directed by law.

(Approved, Dec. 31, 1823.)

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AN ACT

For the further organization of the Militia in the Counties of Pike and Covington.

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the militia in the county of Pike shall compose the forty-second regiment; and the militia in the county of Covington, shall compose one battalion.

Sec. 2. And be it further enacted, That it shall be the du-


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ty of the brigadier general of the eighth brigade to hold or cause to be held, an election at the court house in Pike county, on the second Monday in March next, or so soon thereafter as may convenient, for a colonel of said regiment, conformably to the militia law now in force, in this state.

Sec. 3. And be it further enacted, That the colonel commandant of the twenty-fifth regiment of the militia aforesaid, shall in the same manner prescribed in the preceding section, hold an election in the county of Covington for a major commandment; and said officer so elected shall organize and officer their said commands according to the militia law.

Sec. 4. And be it further enacted, That the counties of Pike, Henry and Covington shall compose the tenth (eleventh) brigade of the aforesaid militia, and shall be organized and officered under the same rules and regulations as are pointed out by the militia law, now in force, in this state; any laws to the contrary notwithstanding.

(Approved Dec. 30, 1823.)