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AN ACT

To alter the time of appointing overseer of roads.

Section 1. Be it enacted by the Senate and House Representatives of the state of Alabama in General Assembly convened, That from and after the passage of this act the overseers of roads in this state shall be appointed on the third Monday in August in each and every year, any law contravening the provisions of this act, be and the same is hereby repealed.

Sec. 2. And be it further enacted, That the judge of the county court and commissioners of revenue and roads shall hold their courts on the third Monday in August in each and every year, instead of the first Monday in August, as now provided for by, law.

Sec. 3. And be it further enacted, That so much of the sixth section of an act, entitled an act to reduce into one the several acts concerning roads, bridges, ferries and highways, passed December the twentyfirst, one thousand eight hundred and twenty, as makes it the duty of every person appointed, overseer of a road, to notify the clerks of their county courts of their acceptance or refusal to act as such, be and the same is hereby repealed.

Sec. 4. And be it further enacted, That so much of an act supplementary to the several acts in relation to highways, bridges and ferries, passed December, the twelfth, eighteen hundred and twenty, as provides, that the same shall only extend the counties of Mobile and Baldwin, be and the same is hereby repealed.

Sec. 3. And be it further enacted, That no license shall be granted by any county court, to any person to erect a

 


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toll bridge within three miles by water of any toll bride already established on the same water course.

Sec. 6. And be it further enacted, That the corporate officers in all the incorporated towns in this state, shall appoint overseers on the roads and streets in said towns, and when the hands and overseers are exempt from working on the public roads beyond the limits of said towns, it shall be the duty of the grand juries of the counties in which said towns are situated, to present all overseers of streets in said towns for failing to keep the principal roads and streets in the incorporated towns in good repair; and the overseers in said towns shall be prosecuted in the same manner and subject to the sane penalties as overseers of public roads in this state; and the books and records of said incorporated towns shall be legal evidence of the appointment of the overseers and the establishment of streets and alleys in said towns.

Sec. 7. And be it further enacted, That when hands are warned to attend and open any near road, and the overseer of any road to whom said hands are apportioned, shall warn the hands to work on the same day on the road to which the hands are apportioned, it shall he the duty of the hand to work on the road on which they are first warned: Provided, That nothing in this act contained, shall be so construed as to apply to, or in any manner affect any corporate town in this state for which there are special legislative enactments in relation to the streets thereof:

Sec. 8.  And be it further enacted, That after the passage of this act the apportioners appointed in each captain's beat, shall apportion all hands in their respective beats liable to work on public roads, to such roads as they may think proper, within the distance now prescribed by law, and return a list of the hands so apportioned to the overseer or overseers of such public roads within ten days after their being notified of their appointment.

Sec. 9. And be it further enacted, That hereafter all male slaves over the age of sixteen years and under the age of fifty years shall be liable to work on public roads.

Sec. 10. And be it further enacted, That hereafter it shall be the duty of each and every overseer of any public road in this state to notify the clerk of his nonacceptance, within ten days after his being notified of his appointment, and on failure to do so, it shall be considered an acceptance of his appointment; and it shall moreover be the duty of the clerk to insert on the commission the, duties required of overseers in respect to his nonacceptance, any law to the contrary notwithstanding.

Sec. 11. And be it further enacted, That all apportioners shall, after the passage of this act, be exempt from working on roads for the term of twelve months, and that on failure of any apportioner to perform the duties required of him he shall be liable to a penalty of twenty dollars.

 


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Sec. 12. And be it further enacted, That the citizens of the town of Hazelgreen shall be, and they are hereby exempt from working on any road or roads without the corporate limits of said town, but shall be liable to work on and keep in good order and repair all roads and streets within the corporate limits of said town.

Sec. 13. And be it further enacted, That no person residing without the corporate limits of said town shall be liable to work on any road or street within the corporate limits of said town, any former laws to the contrary notwithstanding: Provided, That nothing contained in this or any other act on the subject of roads, highways and ferries, except the act concerning roads, highways, bridges, and ferries, in the county of Mobile, shall be construed to extended to said county.

(Approved, December 24, 1824.)

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AN ACT

To establish the Mobile Society of Literature.

Section 1. Be it enacted by the Senate and House of Representatives of the state of Alabama in General Assembly convened, That a society to consist of the following persons, viz. Chester Root, Ezekiel Webb, Sol. Mordecai, C. J. Mills, F. B. Deshons, R. J. Easter, T. Sanford, Benj. J. Randall, Wm. J. Ingersoll, J. W. Moore, Henry Stickney, Ben. Brent Breedin, John Fitzgerald, Wm. Bell, Jas. Wiswall, William Hale, Silas Dismoor, Thos. L. Carthy, John B. Warren, Hugh, H. Rolston, T. L. Hallett, Henry V. Chamberlain, Josiah Wilkins, Curtis Lewis, J. H. Hyde, John S. Livingston, W. H. Hubbard, John Archer, James P. Bates, Robert Carr Lane, C. A. Henry, S. H. Garrow, W. Barton, T. T. Holt, A. F. Stone, J. Dowell, Den'n Darling, H.P. Benham, A. W. Gordon, L. Judson, Jer. Rea, H. Bright, Geo. E. Dolt, T. Griffin, Silas Dinsmore jr., Dan'l Moore, Philip McLosky, Geo. Green, W. R. Hallett, John F. Everitt, John B. Bass, Wm. Austin, Charles A. Tufts, Wm. H. Robertson, James Campbell, J. B. Nixon, P.V. A. Lyle, G. Davis, John Morris, Jr., S. H. Thompson, G. Griffin, John Elliott, A. B. Smoot, Chas. Haine, John W. Townsend, Richard Corre, and. Peter H. Hobert, shall be, and hereby is established in the city of Mobile; the members of which, their associates, successors and assigns, shall constitute a body politic and corporate, with perpetual succession, by the name and style of The Mobile Society of Literature, and by that mine shall be able and capable to sue and be sued, implead and be impleaded, defend and be defended, in all suits anal actions, both in law and equity, and to act, receive and do all acts as natural persons; to purchase, hold and retain property real, personal and mixed, and the same to grant, alien, lease, sell, dispose of and convey; and to have and use a common seal, which may be broken or altered at pleasure.

Sec. 2. And be it further enacted, That the rights and pri-

 


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vileges of membership shall be obtained and forfeited, in whole or in part, in such manner and for such causes as may be prescribed by the laws and regulations of the society.

Sec. 3.  And be it further enacted, That for the government and management of said society, there shall be annually elected by the members, fifteen directors, who shall hold their offices for one year, and until their successors be duly qualified, five of whom shall constitute a quorum to do business, and the board of directors shall elect one of their own number president of he board; and in his absence any other member may be designated, pro tempore, to perform the duties of president; and the said board shall have power at all times to make, prescribe, and put in force such by-laws and regulations, not repugnant to the constitution and laws of this state, and the constitution and laws of the United States, for the government and regulation of said society as the them may seen expedient, and the same to revoke and alter.

Sec. 4.  And be it further enacted, That the society shall have the power to establish an Athaeneum and Forum, or either of the, as branches of said society or otherwise.

Sec. 5.  And be it further enacted, That the directors shall be elected on the first Monday in November, in each year: Provided, That if from any cause, such election should not be held on that day, or should be incomplete, an election may be holden within one month thereafter, for the completing the whole number of the board.

Sec. 6.  And be it further enacted, That the board of directors shall have the power to constitute and appoint such subordinate officers as to them may seem expedient, who shall hold their offices during the pleasure of the directors: And whenever a vacancy happens in the board of directors, after the annual election, it shall be filled by the directors then in office; and the persons thus chosen to fill such vacancies shall hold their offices for the remainder of the term: And the officers appointed by the board shall give such bonds to the society and in such sums for the faithful performance of the duties of their respective offices, as may be required by the by-laws and regulations of said society, which bond or bonds for any breach of covenant contained therein may be sued in any court as bonds usually are.

Sec. 7.  And be it further enacted, That all elections shall be conducted in such manner as may be prescribed by the by-laws and regulations of the society; and an election for officers to serve till the first annual election shall take place as soon as may be; a meeting for that purpose being notified in a public newspaper by any five of the members.

(Approved, December 14, 1824.)

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AN ACT

Declaring Cotaco in Morgan County a public highway.

Section 1.  Be it enacted by the Senate and House of Representatives of the state of Alabama in General Assembly con-


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vened, That Cotaco river, in Morgan county, from John Wallis' bridge and up the same to the fork, is hereby declared a public highway, and any person obstructing the free navigation of the same between the points herein mentioned, by felling of timber or otherwise, such person or persons, shall forfeit and pay the sum of two dollars for each and every day the same may be permitted to remain in the said stream; to be recovered in any court having cognizance thereof, one half to the person suing for the same, and the other half to the county; provided, that the county court of Morgan county, shall not have power to compel hands to work in opening or improving the navigation of said river.

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

(Approved, December 14, 1824.)

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AN ACT

Declaring Flint River in Navigation County a public highway.

Section 1. Be it enacted by the Senate and House of Representatives of the state of Alabama in General Assembly convened, That Flint river in Morgan county from Middleton Ford's mills, up the same to the hickory log ford, is hereby declared  a public highway, and any person obstructing the free navigation of the same between the points herein mentioned, by felling of timber or otherwise, such person or persons shall forfeit and pay the sum of two dollars for each and every, day the same may be permitted  to remain in the said stream, to be recovered in any court having cognizance thereof, one half to the person suing for the same, and the other half to the county: Provided, That the county court of Morgan county shall not have power to compel hands to work in opening, or improving the navigation of said river, Sec. 2.  And be it further enacted, That nothing contained in the first section of this act, shall be so construed as to prevent any person who may own land between the above named points on said river, from erecting a mill or other water works thereon.

(Approved, December 15, 1824.)

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AN ACT

To declare Beaver creek, in Wilcox county, Public Highway.

Section 1. Be it enacted by the Senate and House of Representatives of the state of Alabama in General Assembly convened, That Beaver creek, in Wilcox county, from Sheffield's mills on said creek, to the confluence of the same with the Alabama river, be, and the same is hereby declared a public highway: Provided, that nothing in this act shall be so construed as to prevent any person from building mills or any other water works at said creek; who may own land or may hereafter own land on the creek aforesaid.

[Approved, December 20, 1824.]

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AN ACT

To exempt the citizens of the town of Elyton in Jefferson county, and the town of Sommerville in Morgan county, and the town of Tuscumbia in Franklin County, from Working on any road, beyond the limits of said towns.

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, all persons resident within the limits of the corporation of the town of Elyton, who are by law liable to work on roads, be, and they are hereby exempted from working on any road or roads without the limits of the corporation of the town of Elyton.

Sec. 2. And be it further enacted, That the intendant and town council of Elyton, are hereby declared to possess, and are invested with all the powers and privileges which the judge of the county court and commissioners of roads may have in respect to public roads, and are hereby empowered to enforce the same in the limits of the town of Elyton, and no further.

Sec. 3. And be it further enacted, That no persons residing beyond the limits of the town of Elyton, shall, after the passage of this act, be required to work on any road or street within the corporation limits of the town of Elyton.

Sec. 4. And be it further enacted, That from and after the passage of this act, all persons resident within the limits of  the corporation of the town of Sommerville, in Morgan county, who are by law liable to work on roads, be, and they are, hereby exempted from working on any road or roads without the limits of the corporation of the town of Sommerville.

Sec. 5.  And be it further enacted, That the president and trustees of Sommerville, are hereby declared to possess, and are invested with all the powers and privileges which the judge of the county court and commissioners of roads may have in respect to public roads, and are hereby empowered to enforce the same in the limits of the town of Sommerville, and no further.

Sec. 6. And be it further enacted, That no person residing beyond the limits of the town of Sommerville, shall, after the passage of this act, be required to work on any road or street within the corporate limits of the town of Sommerville.

Sec. 7.  And be it further enacted, That from and after the passage of this act, all persons resident, within the limits of the corporation of the town of Tuscumbia, in Franklin county, who are by law liable to work on roads, be, and they are hereby exempted from working on any road or roads, without the limits of the corporation of the town of Tuscumbia.

Sec. 8.  And be it further enacted, That the president and trustees of Tuscumbia, are hereby declared to possess, and are invested with all the power and privileges which the judge of the county court and commissioners of roads may


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have in respect to public roads, and are hereby empowered: to enforce the same in the limits of the town of Tuscumbia, and no further.

Sec. 9. And be it further enacted, That no person residing beyond the limits of the town of Tuscumbia, shall, after the passage of this act, be required to work on any road or street within the corporate limits of the town of Tuscumbia.

[Approved, December 22, 1824.]

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AN ACT

To exempt persons from working on a certain State Road, at a greater distance from their places of residence, than if the same were a County Road.

Section 1. Be it enacted by the Senate and House of Representatives of the state of Alabama in General Assembly convened, That no person residing in Bibb county, shall be required to work on, the state road running through said county, at a greater distance from his place of residence, than if the same was a county road, any law to the contrary notwithstanding.

[Approved, December 24, 1824.]

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AN ACT

To amend an act, entitled "An act to establish a Public Pond from Ditto's landing to Marston Mead's, in Blount County, passed December 30th 1822.

Section 1. Be it enacted by the Senate and House of Representatives of the state of Alabama in General Assembly convened, That so much of the sixth section of the before recited act, as limits the time for Tobias Dearick and his associates to commence, and complete the aforesaid road, be, and the same is hereby repealed; and the said Tobias Dearich and his associates, shall have the further time of two years from and after the passage of this act to complete the said road.

Sec. 2. And be it further enacted, That the provision in the fourth section of the above recited act, be, and the same is hereby repealed; provided, the said Tobias Dearick, and his associates shall complete the same within the time fixed by this act, in such order that waggons of twentyfive hundred pounds burden can pass the same at all times with convenience; to be decided by the commissioners appointed by the fifth section of the act, to which this, is an amendment:  And provided further, that the citizens of Morgan and Blount counties, living within five miles of said road, shall not be required to pay toll for travelling on said road a less distance than ten miles.

Sec. 3. And be it further enacted, That whenever it shall he made appear, to, the satisfaction of the county court of Blount or Morgan counties, the said road is not kept in such repair as contemplated by the fourth section of this act, they shall order the turnpike gates to be opened; and no toll shall be demanded by the said Tobias Dearick and his associates, under the penalty of paying twenty dollars for each and every such, demand, to be recovered before any court having, cognizance of the same, one half to the


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informer, and the other to be paid into the county treasury of Blount county; and it shall not be lawful for them again to open said road, but by order of the county court of Morgan, after the same has again been received. by commissioners appointed by said court, which commissioners shall be paid as provided for in the fifth section of the act, to which this is an amendment: Provided, that nothing herein contained, shall be so construed as to take from the state the right of establishing a state road on the same ground, after paying Tobias Dearick, and his associates a reasonable compensation for their services; to be ascertained by commissioners appointed by the state.

[Approved, December 24, l 824.]

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AN ACT

To Incorporate the Minette Bridge Company.

Section 1. Be it enacted by the Senate and House of Representatives of the state of Alabama in General Assembly convened, That Louis Dolives, Uriah Blue, Louis Stark, and their associates and successors, are hereby constituted and appointed a body politic, under the corporate name and style, of the Minette Bridge Company, to possess and enjoy all the right, privileges, and immunities of a body politic and corporate, with full, and ample power, and authority to exercise the same.

Sec. 2. And be it further enacted, That the said company is hereby authorised to erect a bridge across the bayou Minette, below the mouth of the English branch, upon a road which may be opened between the, town of Blakeley, and village of BelleRose, in the county of Baldwin, and to demand and receive the same tolls as are granted by law to the Bridge Company in and for the town of upper Tuskaloosa.

Sec. 3. And be it further enacted, That it shall be, the duty of said company to keep said bridge when erected in good order and repair, as long as the same shall be continued as a toll bridge, and they shall be deemed and held liable for all injuries which may be sustained by any person or persons passing or repassing said bridge: Provided, said injury results from the negligence, or want of proper attention to the good order and repairs of said bridge.

(Approved, December 22, 1824.)

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AN ACT

For the relief of Joseph Burleson.

Section 1. Be it enacted by the Senate and House of Representatives of the state of Alabama in General Assembly convened, That Joseph Burleson and his associates, be, and they are hereby allowed until the twentyfifth day of  December, eighteen, hundred and twentyfive, to open and complete a turnpike road, leading from Suttan's Gap, in Lawrence county, to intersect the Military road; near Pikesville, in Marion County, in conformity with a law passed December the twenty-fourth, eighteenth hundred and twenty-three,


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entitled "An act to amend an act entitled an act to establish a turnpike road; leading from Lawrence county, to the Military road, near, Pikesville, in Marion county, passed twentysixth December, eighteen hundred and twenty-two," anything in the third section of said act to the contrary notwithstanding.

[Approved, December 14, 1824.]

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AN ACT

To repeal in part, and amend an act entitled, "An act to incorporate the Murder Creek Navigation Company, passed December 15th, 1821, 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 from and after the passage of this act, Murder Creek, in the county of Conecuh, south of the line dividing townships six and seven, in range ten, to its confluence with Conecuh river, be, and the same is hereby declared a public highway.

Sec. 2. And be it further enacted, That if any person or persons shall in any wise obstruct the navigation of said stream by, cutting or felling any tree or trees (without immediately removing the same,) such person or person, shall forfeit and pay the sum of five dollars for every such offence, and the further sum of three dollars for every day the same may be suffered to remain in said stream, to be recovered in any court having cognizance thereof, one half to the person suing for the same, and the other half to the navigation company of said creek.

Sec. 3. And be it further enacted, That subscription books shall be opened at the town of Sparta, on the first day of February next, or as soon thereafter a s convenient, under the superintendance of Henry Hunter, John Green, George Bowie, and Eldridge S. Greening, for the purpose of receiving subscriptions, to be applied as hereinafter mentioned, and the said books shall be kept open until the first day of May next ensuing: Provided, the amount subscribed, shall not exceed the sun which may be deemed sufficient by the president and directors of the Murder Creek Navigation Company, to extend the navigation of said creek to the highest practicable navigable point within the limits before mentioned.

Sec. 4. And be it further enacted, That the amount subscribed ad aforesaid, shall be divided into shares of twenty-five dollars each, which shall be paid as follows, to wit: one eighth part thereof at the time of subscribing, three eighths when the president and directors shall declare that half the distance of said creek between the points undertaken to be cleared out is navigable, and the remainder shall be divided into two equal instalments, one of, which shall be paid when the said creek shall have been accepted as a navigable one, and the other instalment four months thereafter: Provided, that if any stockholder shall neglect and


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refuse to pay any instalment that may be due from him according to his subscription, he shall forfeit to the benefit of the company whatever sum he may have paid; and as soon as a sufficient sum may be raised as aforesaid, for the purpose aforesaid, the subscribers, their successors, and assigns, shall be, and are hereby constituted a body politic, by the name and style of The President and Directors of the Murder Creek Navigation Company, and shall by that name be capable and liable in law to sue, and be sued, plead, and be impleaded, answer, and be answered, defend and be defended, in any matter suit or action, depending in any court of law or equity.

Sec. 5. And be it further enacted, That so soon as the amount as aforesaid may be subscribed, the superintendants shall give twenty days notice of the and place of holding an, election, for the purpose of electing seven directors, which election shall be held tinder the direction of any two of the superintendants, who shall be on oath to conduct such election fairly and impartially, and the stockholders shall be entitled to vote upon the following principle, to wit: for each and every share, one vote: Provided, no person, co-partnership or body politic, shall be entitled to more than five votes, and the directors so elected, shall continue in office for the space of one year.

Sec. 6.  And be it further enacted, That so soon as the company is organized, and have appointed such officers as are required by the act, to which this is an amendment, the president of said company shall cause it to be made known in the county of Conecuh, that on a day to be mentioned in said notice, proposals will be received by said company from any person or persons for clearing out and making the said creek navigable, and the said president and directors are hereby fully empowered to contract with any such person or persons, upon such terms as they may think best calculated for the interest of the company, and to carry into effect the object of the incorporation; and the person or persons employed by the said company for the purpose aforesaid, shall be required to give bond and security in the sum of four thousand dollars, for the faithful performance of his or their contract within such time as the president and directors may prescribe.

Sec. 7. And be it further enacted, That all such contracts, agreements and obligations as may or have been entered into between individuals, or an individual with individuals for the purpose of carrying into effect the object of this act, be and the same is hereby declared legal, and of the same validity, as if they had been entered into in conformity with, and subsequent to the passage of this act; and that all acts or parts of acts contrary to the provision of this act, be, and the same are hereby repealed.

[Approved, December 23, 1824.]

 


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AN ACT

To divide the thirty-second Regiment of 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 the thirty-second, regiment of the militia of this state, in the county of Terry, be, and the same is hereby divided as follows; to, wit: The battalion can the east side of the Cahawba river shall form one regiment, to be known and designated by number forty-four and the battalion west of the Cahawba river shall compose a regiment and still retain. the original number, thirtytwo.  Each of the aforesaid regiments shall be, and are hereby attached to the sixth brigade.

Sec. 2. And be it further enacted, That the colonel commandant and lieutenant colonel, and all other commissioned officers in the regiment, thirty-two, west of the Cahawha river, shall retain their commissions, and commands in said regiment; and the officers in said regiment, at a court martial, shall divide said regiment in such a manner into battalions as they may deem expedient and the colonel commandant as soon as said regiment is divided into battalions, shall order an election for a major, giving such notice and making such return of said election as is now prescribed by law: Provided, that the colonel commandant shall convene the officers of said regiment aforesaid, by giving thirty days notice, at five or more public places in said regiment, of the time and place of holding said court martial.

Sec. 3. And be it further enacted, That the major and all commissioned officers residing in regiment number forty-four, east of Cahawba river, in the county aforesaid, shall retain their respective commands, and divide said regiment into battalions; and the major thereof, shall convene a court martial, hold an election for colonel commandant, and lieutenant colonel; and give the notices as required by the second section of this act, and shall also certify as now required by law, the persons elected, to the secretary of state; and the persons thus elected shall be commissioned by the Governor accordingly.

[Approved, December 20th, 1824.]

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AN ACT

To establish an additional election precinct in the counties of Lawrence and Walker.

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 an additional election precinct in the county of Lawrence, to be held at the mill of John Brahan, on Town creek, in said county, which additional election precinct is hereby established.

Sec. 2. And be it further enacted, That an additional election precinct be established at the house of Joseph Burton, in Walker county.

[Approved, December 25, 1824.]