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AN ACT

To emancipate certain persons therein named.

Whereas it is represented to the General Assembly by the memorial of a large number of respectable inhabitants of the city of Mobile, that sundry persons of colour, descendants of the ancient creole population of that place, whose owners have petitioned the Legislature that they be emancipated and freed from slavery, are honest, industrious and well disposed people; and that their being emancipated would not tend to the injury of society, but would essentially contribute to the welfare of the individuals concerned, and be advantageous to the community at large: And whereas it also appears to the General Assembly, that this description of persons are measurably protected by the third article of the treaty, between the United States and the French Republic, commonly called the Louisiana treaty;

Sec. 1. Be it therefore enacted by the Senate and House of Representatives of the state of Alabama in General Assembly convened, That the mulatto girl named Celine, aged about two years, daughter of a black woman named Amelia Ann, and the slave of John Frenier, of Mobile, be and she is hereby emancipated and freed from slavery; saving however the rights of creditors, and on the express condition that the said John Frenier enter into bond with security, in the penal sum of one thousand dollars, to be approved by the judge of the county court of Mobile county, made payable to the Governor and his successors in office, to be filed in the office of the Secretary of State: Conditioned, that the said girl Celine, shall not become a public charge; and that the said John Frenier shall educate and maintain the said girl, until she arrives at the age of eighteen years, or until she marry, whichever may first happen.

Sec. 2. And be it further enacted, That Carmelete a black woman, and her infant child, named Marian, aged about eighteen months, slaves of John Frenier of Mobile, be, and they are hereby emancipated and freed from slavery; saving however, the rights of creditors, and on the express condition that the said John Frenier, enter into bond with security, in the penal sum of two thousand dollars, to be approved by the judge of the county court of Mobile county, made payable to the Governor and his successors in office, to be filed in the office of the Secretary of State: Conditioned, that the said Carmelete and Marian or either of them shall not become a public charge; and that the said John Frenier, shall educate and maintain the said girl Marian, until she arrives at the age of eighteen years, or until she marry, whichever may first happen.

Sec. 3. And be it further enacted, That Venus a black woman, and her two children, viz. Francis a mulatto boy, aged about six years, and Margurete a mulatto girl, aged about ten months, slaves of Frank Mitchell of Mobile, be, and they are hereby emancipated and freed from slavery;


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saving however, the rights of creditors, and on the express condition that the said Frank Mitchell enter into bond with security, in the penal sum of three thousand dollars to be approved of by the judge of the county court of Mobile county, made payable to the Governor and his successors in office, to be filed in the office of the Secretary of State: Conditioned, that the said Venus, Francis and Margurete or either of them shall not become a public charge; and that the said Frank Mitchell shall educate and maintain the said boy Francis, until he arrives at the age of twenty-one years, and the said girl Margurete until she arrives at the age of eighteen years, or until she marry, whichever may first happen.

Sec. 4. And be it further enacted, That the mulatto girl named Mileysertte alias Millescent, aged about seven year, daughter of a black woman named Franchonette, and the slave of Ulysses J. Barnard, of Mobile, be, and she is hereby emancipated and freed from slavery; saving however, the rights of creditors; and on the express condition, that the said Ulysses J. Barnard enter into bond with security, in the penal sum of one thousand dollars, to be approved by the judge of the county court of Mobile county, made payable to the Governor and his successors in office, to be filed in the office of the Secretary of State: Conditioned, that the said Mileysertte alias Millescent, shall not become a public charge, and that the said Ulysses J. Barnard shall educate and maintain the said Mileysertte alias Millescent, until she arrives at the age of eighteen years, or until she marry, whichever may first happen.

Sec. 5. And be it further enacted, That the coloured woman named Clarissa, aged about forty-six years, and the coloured girl named Patione, and the infant female child named Ciriah, slaves of Fermin Frenier of Mobile, be and they are hereby emancipated and freed from slavery; saving however the rights of creditors, and on the express condition, that the said Fermin Frenier enter into bond with security, in the penal sum of three thousand dollars, to be approved by the judge of the county court of Mobile county, made payable to the Governor and his successors in office, to be filed in the office of the Secretary of State; Conditioned, That the said Clarissa, Patione, and Ciriah or either of them, shall not become a public charge; and that the said Fermin Frenier, shall educate and maintain the said Patione and Ceriah, until they severally arrive at the age of eighteen years, or until they severally marry, whichever may first happen.

Sec. 6. And be it further enacted, That the coloured girl Francoise Leones, daughter of a black woman named Francoise, and the slave of Joseph Journin of Mobile, be, and she is hereby emancipated and freed from slavery; saving however the rights of creditors, and on the express condition, that the said Joseph Journin enter into bond with se-


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curity in the penal sum of one thousand dollars, to be approved of by the judge of the county court of Mobile county, made payable to the Governor for the time being and his successors in office, to be filed in the office of the Secretary of State; Conditioned, that the said Francoise Leones, shall not become a public charge; and that the said Joseph Journin, shall educate and maintain the said girl Francoise Leones, until she arrives at the age of eighteen years, or until she marry, whichever may first happen.

Sec. 7. And be it further enacted, That the black woman named Ernest, the slave of the heirs of Augustine Colin, late of Mobile, deceased, be, and he is hereby emancipated and freed from slavery; saving however the rights of creditors, and on the express condition that the said heirs enter into bond with security, in the penal sum of one thousand dollars to be approved by the judge of the county court of Mobile county, made payable to the Governor for the time being and his successors in office, to be filed in the office of the Secretary of State; Conditioned,   That the said man Ernest, shall never become a public charge.

(Approved, December 2, 1824.)

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AN ACT

To emancipate Gamaliel, a slave.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That Gamaliel, a negro boy slave, the property of William McBroom, of Madison county, be and he is hereby emancipated and set free from slavery: Provided, that said William McBroom, or Peter Fagan the father of said boy Gamaliel, shall enter into bond, with security, to be approved of by the judge of the county court of Madison county, payable to the Governor of the state of Alabama and his successors in office, in the penal sum of one thousand dollars, conditioned that said boy Gamaliel shall never become a charge to any county or town within this state: and provided also, that the right of creditors be saved.

(Approved, December 24, 1824)

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AN ACT

 To authorise the emancipation of a certain slave therein named.

Section 1. Be it enacted by the Senate and House of Representatives of the state of Alabama in General Assembly convened, That Mary Grayson, Fuller Grayson, Benjamin Grayson, Ambrose Grayson, Elizabeth Grayson, Abraham Grayson, and Sarah Grayson, of the county of Madison, be, and they are hereby authorised to manumit a certain man slave named James Poston, on condition that they first enter into bond and security, payable to the Governor and his successors in office, to be approved by the judge of the county court, conditioned that the said James Poston shall never become a public charge to any county, city or town within this state; and the rights of creditors shall not be injured thereby.

[Approved, December 4, 1824.]


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AN ACT

Concerning public roads in the county of Montgomery.

Section 1. Be it enacted by the Senate and House of Representatives of the state of Alabama in General Assembly convened, That the new road heretofore laid out by the commissioners on the part of this state, leading from Warren Stone's, in the county of Montgomery, to the town of Montgomery, is hereby declared to be a public road.

Sec. 2. And be it further enacted, That the judge of the county court and commissioners of roads and revenue are hereby required to appoint apportioners  and overseers for the purpose of opening and keeping in repair the above stated new road.

Sec. 3. And be it further enacted, That the persons who are now appointed to work on the old road leading from Warren Stones to the town of Montgomery, shall  not be compelled to work on said new road, either in cutting out the same or keeping it in repair, and the said old road is hereby continued as  the state road.

(Approved, December 20, 1824.)

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AN ACT

To provide for the raising of a fund for the support of an Academy and an Hospital in the county of Baldwin.

Section 1. Be it enacted by the Senate and House of Representatives of the state of Alabama in General Assembly convened, That upon the application of any responsible individual to the county court of the county of Baldwin shewing good cause for establishing a ferry across the Mobile bay, in any direction, or from the east side of the Tensaw river to the west side of the Mobile river, the said court is hereby authorised and required to establish the same: Provided, that no landing shall be established on the land of any private individual, without his consent, or on the lands of the United States, without their consent first being obtained.

Sec. 2. And be it further enacted, That it shall be the duty of the said court to cause public notice to be given that the ferry so established will be offered for rent to the highest bidder, by the sheriff of the county, on the first Monday of the next succeeding month, at the court house in said county

Sec. 3. And be it further enacted, That it shall be the duty of the said sheriff to return a memorandum shewing the amount of the highest bid, and also the name of the highest bidder to the clerk of the said county court, who shall issue a license to him, for one, two or three years, as he shall elect, upon his giving bond with good and sufficient security, payable to the county treasurer and his successors in office, conditioned, that the rent be punctually paid annually as it becomes due.

Sec. 4. And be it further enacted, That it shall be the duty of the said court from time to time to order direct and determine upon the description of boats or vessels which shall be used upon each ferry; and upon fair rates of ferriage on all persons, horses, cattle, carriages, &c. which may pass a-


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ny ferry or ferries which may be hereafter established under this act: Provided that no part of this act shall be so construed as to authorise the said court to require any other description of boats or vessels to be used, or to reduce the established rates of ferriage--to take effect during the continuance of any license, issued under this act, which license may be in force at the time of making such requisition or reduction-- without the consent of the person to whom such license shall have been issued, or of his heirs, executors, administrators or assigns.

Sec. 5. And be it further enacted,  That if any person or persons, other than the person or agent of the person holding a license, shall at any time transport or carry over for pay or hire, from any place within three miles of any ferry which may be established under this act, any person or persons, horses or carriages, such person or persons shall, for every such offence, forfeit and pay the sum of ten dollars, to be recovered before any court having jurisdiction, by any person who shall sue for the same; which forfeiture, when collected, shall be paid into the county treasury.

Sec. 6. And be it further enacted, That the said county court shall be authorised to fix upon the times (making due allowance for head winds, &c) at which the craft at each ferry shall be in readiness for the conveyance of passengers &c. and if it shall be made to appear that any person holding a ferry license has at any time, wilfully neglected or refused to comply with any legal  requisition of the said court in any particular, the said court shall have full power and authority to declare the said license forfeited.

Sec. 7. And be it further enacted, That it shall be the duty of the said court, at a suitable time  before the expiration of every license issued under this act; and at the time that any license may be declared to be forfeited, to cause the ferry or ferries to be again offered  for rent in the manner prescribed in the second section of this act, and so on continually.

Sec. 8. And be it further enacted, That the money arising from the rentals of ferries to be established under this act, shall be set apart as a perpetual fund for the support of an Academy and an  Hospital in the county of Baldwin.

Sec. 9. And be it further enacted, That as soon as the fund arising from the source contemplated in this act, shall amount to the sums of five hundred dollars, it shall be the duty of the said county court to cause an election to be held annually at the time of the general annual election, or at such other time in each year as it shall deem expedient for the purpose of electing three trustees, who shall be freeholders and heads of families, and who shall continue in office for the term of three years. They shall be styled Trustees of the Academy and Hospital fund, and they or a majority of them shall control and apply the said fund and its proceeds, at their discretion.

Sec. 10. And be it further enacted, That no part of this


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act shall be so construed as to prevent any individual now running a steam ferryboat between Blakely and Mobile, from continuing the same until the expiration of the title prescribed by any existing law: nor in any manner to extend to, or interfere with, the rights, privileges and immunities secured to such person or his assigns, in virtue of such law.

[Approved, December 23, 1824]

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AN  ACT

To authorise the citizens of Florence to raise a sum of money to procure water for said town.

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 James Jackson, John Coffee, James Kirkenan, Henry Anderson, John Simpson, James Hanna, George Boggs, John Key, John Craig, David Hubbard, Patrick Andrews or any number not less than five of them who may take upon themselves to carry this act into effect, to raise by lottery in one or more classes as to them may seem most expedient, such sum or sums of money as they may think necessary for the purposes of procuring water for the use of said town, and for the purpose of procuring a fire engine and other necessary means for carrying said objects into effect.

Sec. 2. Be it enacted, That said commissioners or such of them as may undertake, agreeably to the first section of this act, shall, before they enter upon the duties therein prescribed to enter into bond, with security, before the judge of the county court of said county, to the Governor of the state of Alabama and his successors in office, in such sum as said judge may direct, conditioned for the faithful performance of all and singular the duties required of them by this act; which bond shall be filed in the office of the county court for said county, and may be sued on and recovery had in the name of the Governor for the time being and his successors in office, for the use of any person or persons who may be injured by a breach of any of the provisions of this act.

Sec. 3. Be it enacted, That it shall be the duty of the commissioners, within three months after the completion of the drawing of said lottery, to pay to the fortunate drawers in said lottery or to their heirs or their legal representatives, such prize or prizes as they may respectively draw in such lottery, agreeably to such scheme as they may have determined on and published.

Sec. 4. Be it enacted, That said lottery shall be drawn in the town of Florence, Lauderdale county, Alabama; and said commissioners shall give due notice of the time of drawing the same, which shall be conducted in such manner and under such regulations as may be adopted by said commissioners: Provided, That all persons engaged in the drawing and management of said lottery before they engage therein shall take and subscribe an oath before some justice


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of the peace for said county, or judge of said county court that they will in all things honestly and justly demesne themselves in the discharge of their respective undertakings. which oath shall be filled in the office of said county court.

Sec. 5. Be it enacted,  That so soon as practicable after the drawing of said lottery shall have been completed, it shall be the duty of said commissioners to contract for the execution or carrying the objects of this act into effect, in which it shall be their duty to take a bond from said undertaker, with sufficient security, to the Governor of the state of Alabama and his successors, for the use of the town of Florence, in such sum as they may deem sufficient, conditioned for the faithful and due execution of said contract, and that said commissioners shall be authorised to make such disbursements and payments to said undertaker as may best promote the prompt and faithful execution thereof.

Sec. 6. Be it enacted, That it shall be the duty of said commissioners, if practicable, to procure by purchase, donation or otherwise, any lot or piece of land necessary to carry this act into effect, and to have the same secured to and for the use and benefit of said town forever.

Sec. 7. Be it enacted,  That as soon as the objects of this act shall have been accomplished and completed it shall he the duty of said commissioners to lay before the judge of the county court a correct statement of their accounts and proceedings and to account with said Judge for any fines which may remain in their hands for the use of said, town and improvement thereof.

(Approved, December 25, 1824.)

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AN ACT

To repeal in part and amend an act entitled an act to authorise David Peobles to continue a toll-bridge over the Escambia creek in the county of Conecuh.

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, it shall not be lawful for David Peobles to receive any toll from persons crossing the bridge erected over the Escambia creek in the county of Conecuh, other than according to the rates of tollage hereinafter mentioned, to wit: For every four wheel carriage, twenty-five cents; for every two wheel carriage, twelve and a half cents; for every man and horse, six and a fourth cents; for every led, loose or pack horse, three cents; for every head of cattle, two cents; for every head of hogs, sheep or goats, one cent.  And if the said David Peobles shall at any time receive of any person, higher toll than the above mentioned, for every offence of that kind, he shall forfeit and pay to the person or persons aggrieved thereby, the sum of five dollars, to be recovered in any court having jurisdiction thereof.

Sec. 2. And be it further enacted, That all laws contrary to the provisions of this act, be, and the same are hereby


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repealed. Provided, the consent of Mr. Peobles to this act be filed in the clerk's office of the county court, in three months from the passage thereof.

(Approved, December 4, 1824.)

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AN ACT

To establish a certain road therein mentioned.

Section 1. Be it enacted by the Senate and House of Representatives of the state of Alabama in General Assembly convened, That a public road beginning at a point on Payne's road, about seven miles south of Moulton in Lawrence county, and running thence in a direction towards Tuscaloosa, the nearest and best way for a good road, until it crosses Scipsie creek, and thence on the nearest and best way until it crosses Loss creek, and thence on the nearest practicable route, for a good road, to Tuscaloosa, be and the same is hereby established.

Sec. 2. And be it further enacted, That Wyett Cheatham and his associates, be and they are hereby authorised and empowered to lay out and open said road, in the direction and to the extent mentioned in the first section of this act, which road shall be eighteen feet wide, twelve feet of which in the middle of said road, shall be cleared of stumps and grubs, either taken up by the roots or levelled to the ground, the sloping grounds and banks of water courses, shall be so worked on as to ensure the safe and easy passage of horsemen and carriages of every description, all marshes, swamps and low grounds, where necessary, shall be cause-wayed, with good and durable timbers, which cause-ways shall be at least twelve feet wide, and well put together; Scipsie and Loss creeks, and others if necessary to ensure safe travelling, shall be bridged with good and durable timber, well put together; said bridges shall be at least twelve feet wide, and those over Scipsie and Loss creeks shall have strong railings on each side.

Sec. 3. And be it further enacted, That when said Wyett Cheatham and his associates shall have completed said road and reported the same to the county court of Lawrence county it shall be the duty of said court to appoint three suitable persons to examine said road and report to said court whether Wyett Cheatham and his associates have opened and completed the same as prescribed by the second section of this act, which persons shall proceed to examine said road and report the true situation thereof to said court, and said persons shall be allowed by the said county court such compensation as is reasonable to be paid by the said Wyett Cheatham and his associates.

Sec. 4. And be it further enacted, That should the persons appointed pursuant to the provisions of the third section of this act report to the county court of  Lawrence county, that the road which they were appointed to examine is opened and in the state of repair contemplated by the second section of this act, then and in that case the said Wyett Cheatham and his associates are hereby authorised and empowed to erect a turnpike gate at some convenient place on said

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road, and to demand and receive of each and every person, who shall or may travel on said road, the following rates of toll, to wit: For every four wheel carriage seventyfive cents; for every two wheel carriage twentyfive cents; for every man and horse twelve and half cents; for every loose horse six and a fourth cents; for every head of cattle three cents; for every head of hogs or sleep, two cents; and if any person shall pass around said gate with the intent to avoid the payment of toll, he or she shall forfeit and pay to the said Wyett Cheatham and his associates thribble the amount which his or her toll would have been, to be recovered before any justice of the peace, with costs of suit.

Sec. 5. And be it further enacted,  That if at any time, after the erection of said turnpike gate, oath shall be made by two credible witnesses before the county court, of Lawrence county, that said road is out of repair, then and in that case it shall be the duty of said court to appoint three commissioners who shall examine said road, and should they report, the same out of repair to said county court, then and in that case, the said court shall direct a mandate to issue, to said Wyett Cheatham and his associates commanding them to open said turnpike gate, and keep the sarne open, for the free passage of travellers until said road shall again, be repaired as contemplated by this act, and should said Wyett Cheatham and his associates receive toll from any traveller passing said road, after the service of said mandate, and before said road is sufficiently repaired, he or they shall forfeit and pay five dollars for every, such offence to be recovered before any justice of the peace, by any person who shall sue for the same.

Sec. 6.  And be it further enacted,  That said Wyett Cheatham and his associates and their heirs shall have all the benefit and profits arising from the toll on said road for twelve years, from and after the erection of the turnpike gate as contemplated by this act.

Sec. 7. And be it further enacted, That it shall not be lawful for  Wyett Cheatham and his associates to charge the citizens of Lawrence, Tuscaloosa and Walker counties toll when travelling the road established by this act on neighborhood business, or to and from court.

Sec.  8. And be it further enacted,  That it shall not be lawful for Wyett Cheatham and his associates to cut out the road established by this act so that the same will intersect either Crabb's or Byler's turnpike road, unless by and with the consent of the party or parties entitled to the benefit of the toll arising from said roads.

(Approved, December 24, 1824.)