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AN ACT

Explanatory of, and supplemental to the act to establish the Bank of the state of Alabama.

Section 1. Be it enacted by the Senate and House of Representatives of the state of Alabama in General Assembly convened, That the president and director s of the Bank of the state of Alabama, when they find it expedient to issue notes not under the seal of the corporation, and promising the  payment of money to any person or persons, his, her or their order, assignable by endorsement, as provided in the tenth section of the act to establish the Bank of the state of Alabama, commonly called post notes, may issue the said notes made payable after a period not exceeding one hundred and twenty days, and the said note shall be payable in specie on demand, when the period for which they shall have issued may have expired, any requisition  or construction of the said tenth section to the contrary notwithstanding.

Sec. 2. And be it further enacted, That the clerks of the several circuit and county courts, and public notaries, are hereby authorised and required upon the application of any person or persons, to take acknowledgments of powers of attorney to transact business with the said Bank, and certify the same under their seals of office; and if there be no seal of office, under their private seal, as their official seal.

Sec. 3. And be it further enacted, That the county court of the county where the said bank may be established shall have concurrent jurisdiction with the circuit court of said county, for the recovery of debts for and against the Bank in the manner prescribed in the eighteenth section of the above recited act.

Sec. 4. And be it further enacted, That the Treasurer is hereby authorised and required to pay over to the said Bank the revenue and public dues audited in the Comptroller's office and that the same shall remain subject in said Bank to the checks of the said Treasurer; for the payment of all demands made payable at the Treasury of this state.

Sec. 5. And be it further enacted, That all vacancies that may happen in the board of directors, during the session of the General Assembly, shall be filled by joint vote as in other cases, and that all vacancies which have occurred in the said board during the present session of the General Assembly shall be filled by joint vote of the General Assembly before the end of the present session; any law to the contrary notwithstanding.

[Approved, December 24, 1824.]

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AN  ACT

To provide for the payment of the interest on the Loan obtained for the use of the state.

Section 1. Be it enacted by the Senate and House of Representatives of the state of Alabama in General Assembly convened, That the president and directors of the Bank of the state of Alabama, be authorised and required to take early and effectual measures to provide for the payment of the half year

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ly interest which will first become due on the Loan obtained for the use of the state; the said payment to be made at the Phoenix Bank in the city of New York; and also to provide from time to time for every future payment of interest on the said Loan.

Sec. 2. And be it further enacted by the authority aforesaid, That three thousand one hundred dollars be appropriated out of any monies in the Treasury not otherwise disposed of, and made subject to the order of the said president and directors, to make the first payment of interest as aforesaid; and that the said president and directors shall account with the Treasury for the said sum of three thousand one hundred dollars, from the proceeds of the business of the Bank; so soon as may be convenient and necessary.

Sec. 3. And be it further enacted  by the authority aforesaid, That it shall be the duty of the said president and directors, to reserve continually from the nets proceeds of their Banking business, full and sufficient sums to meet the said half yearly payments of interest as they severally become due, and transmit the same to the Phoenix Bank in the city of New York.

[Approved, December 24, 1824. ]

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AN  ACT

To provide for the transfer of Stock issued by the State, and for the renewal of lost Certificates thereof.

Section 1. Be it enacted by the Senate and House of Representatives of the state of Alabama in General Assembly convened, That the certificates of stock created in obtaining a loan for the use of the state, in pursuance of the act to establish the Bank of the state of Alabama, approved the twentieth of December, eighteen hundred and twentythree, and the act supplemental thereto, approved on the twentyninth of December, in the same year, be assignable  by endorsement made by the legal holder thereof, or by transfer on a book or books at the bank of the state Alabama, by the legal holder as aforesaid of such certificates, or by his attorney authorised by power duly authenticated; and it shall be the duty of the president and directors of said Bank to cause books to be kept for the purpose aforesaid; wherein also shall be kept an account of the said stock and of all payments of principal and interest thereon, and of renewed certificates of stock that may be issued in virtue of this act.

Sec.  2. And be it further enacted, That in case any of the said certificates of stock shall be lost or destroyed, the same may be renewed in the manner following, viz.  Proof of such loss or destruction, and an affidavit declaring the property therein to be bona  fide in the applicant for renewal, shall be, made before a judge of a circuit court of this state, or of the state of  New York, or before a judge of a district or supreme court of the United States, which proof shall be certified by such judge together with his opinion that the same is satisfactory; ad the legal proprietor  of the lost or destroyed

 


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certificate shall execute a release of his interest therein in consideration of a new certificate of stock to be issued for the same amount, and with like effect: and it shall also appear that notice of the intended application shall have been given in a public newspaper in the city of New-York, for three months, immediately before application for a renewed certificate shall be made; whereupon it shall be lawful for the Governor of this state, for the time being, and a majority of the commissioners appointed in virtue of the eighth section of the act to establish the Bank of the state of Alabama, or such other commissioners as may hereafter be appointed for that purpose, to issue new certificates of stock in lieu of those which may be lost or destroyed, which renewed certificates shall express on the face of them a description of the original, and that the same hath issued in lieu of such original; and renewed certificates of stock issued in the manner herein prescribed shall be equally valid and shall be assignable in like manner as the original certificates in lieu of which they shall have issued.

Sec. 3. And be it further enacted, That no renewed certificate of stock shall be granted under the provisions of this act, in favor of an assignee of a lost or destroyed certificate, unless he appear to be such assignee by transfer or transfers, on the books kept at the Bank of the state of Alabama, conformably to the requisitions of the first section of this act or (in case the assignment be by endorsement on such lost, or destroyed certificate) unless such endorsement shall have been duly attested by the cashier of the Phoenix Bank in the city of New-York, and recorded by him: or if not attested by said cashier, acknowledged or proved before one of the Judges, as required by the second section of this act, and recorded by the said cashier of the Phoenix Bank; whereby in every case it shall be manifest that the person applying is the proper assignee: nor shall any payment be made of principal or interest to any assignee of a certificate of stock unless such person appear to be such assignee in the manner provided by this act.

[Approved, December 24, 1824.]

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AN ACT

To alter the time of holding the County courts of Tuscaloosa, Bibb, Madison, Greene and St. Clair counties.

Section 1.  Be it enacted by the Senate and House of Representatives of the state of Alabama in General Assembly convened, That the county court of Tuscaloosa county shall commence and be held on the third Monday in January, in the year one thousand eight hundred and twentyfive, and that the January term of said court shall in each and every year thereafter commence and be held on the second Monday in January, instead of the first Monday before the last Monday in December, as heretofore, and that all writs, subpoenas and other process which are now made returnable to the said county court of Tuscaloosa at the time now fixed by

 


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law for the holding thereof, shall be by virtue of this act, returnable to the third Monday of January next; and that all parties and witnesses, served with process to appear at said county court on the first Monday before the last Monday in December, be bound to attend said court on the third Monday in January nest.

Sec. 2. And be it further enacted, That all trials shall be had, pleas heard and determined, anal all and every other kind of business done and transacted at the county court of said county, which by virtue of this act is to commence its session on the third Monday in January next, which would have stood for trial, transaction, and determination at said county court, commencing on the first Monday before the last Monday in December previous to the passage of this act.

Sec. 3. And be it further enacted, That all acts and parts of acts, conflicting with this act, shall be, and the same are hereby repealed.

Sec. 4. And be it further enacted, That the county courts of Greene county shall hereafter be held on the first Mondays in June and December, in each and every year, instead of the times now pointed out by law, and that all process of every kind, now made returnable to the term of said court as at present established, or which may be hereafter issued, shall lie and be triable at the term of the court hereby established, in the same manner as if this act had not been passed.

Sec. 5. Be it further enacted, That the court of commissioners of revenue and roads of St. Clair county, shall hereafter commence and hold its regular sessions, on the second Monday in August in each and every year, instead of the first Monday of August, as now fixed by law.

Sec. 6. And be it further enacted, That the commissioners court, for the county of Madison, directed to be held on the first Monday in August, in each and every year, shall hereafter beholden on the first Monday in July, instead of August.

Sec. 7. And be it further enacted, That the county court of Bibb county shall hereafter be held on the second Monday in February and August, in each and every year, instead of the time now pointed out by law, and that all process of every kind, now made returnable to the term of said court as at present established, or which may hereafter be issued shall lie and be triable at the term of the court hereby established, in the same manner as if this act had not been passed.

(Approved, December 21, 1824.)

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AN ACT

Relative to the securities of Judges of County Courts.

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 be the duty of any Judge of the circuit court, whenever application shall be made to him by the security or securities or either

 


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of them, of any Judge of the county court of any county in this state, to issue a citation to the said judge of the county court to appear, before him on some day therein named, not less than ten nor more than thirty days, then and there to enter into a new bond, with good and sufficient securities, for the faithful execution of the duties of his office.

Sec. 2. And be it further enacted, That upon the execution of such new bond by the judge of any county court, the security or securities, making application, shall be discharged from the obligation of the bond previously entered into by them: Provided, That nothing herein contained shall discharge the security or securities from any liability which they had, before that time, incurred.

Sec. 3. And be it further enacted, That if any judge of the county court, being duly served with a citation as aforesaid, shall fail or refuse to give the bond as required by the act, then and in that case it shall be the duty of the judge of the circuit court to certify the same to the Governor, which shall be evidence of a vacancy and the same shall be filled as now prescribed by law.

[Approved, December 25, 1824.]

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AN   ACT

Authorising certain persons therein named to sell & dispose of real estate.

Section 1. Be it enacted by the Senate and House of Representatives of the state of Alabama in General Assembly  convened, That Mary Ann Brannan, administratrix of the estate of James E. Brannan, be permitted to sell so much of the estate of the said James E. Brannan as may be sufficient to pay the debts thereof, upon giving bond and security in the same manner as is required by administrators in other cases for the sale of real estate.

Sec. 2. And be it further enacted, That John Parks, administrator of the estate of Joseph Cahoon, deceased, be and he is hereby authorised to sell a house and lot in the town of Claiborne, upon such terms as he may think most advantageous to the said estate, upon giving bond and security to the judge of the county court, to apply the proceeds thereof according to law.

(Approved, December 25, 1824.)

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AN ACT

To repeal in part and amend an act, passed December 17th, 1823, authorising Matthew Harberson, administrator of Samuel Harberson, deceased, to make conveyance of a certain tract of land therein named.

Section 1. Be it enacted by the Senate and House of Representatives of the state of Alabama in General Assembly convened, That all the provisions and requirements of the above recited act, which by its words extend to David White be and the same are hereby extended and applied to James Johnson, and that all the rights, privileges, advantages and immunities enacted by said act and vested by its words in David White, be and the same are hereby  vested in the said James Johnson.

(Approved, December 22, 1824.)

 


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AN  ACT

To establish a permanent Seat of justice in the County of Jackson, 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 Hezekiah Bayles, Major Daniel Price, Colonel James Smith, Maclin Cross, James E. Daniel, John Reed, and Henry Ambrister, be, and they are hereby, appointed commissioners, who, or a majority of whom, shall select three places the most eligible and convenient sites as near the centre of said county as may be, to comport with the interest of the county, one of which shall be selected as the seat of justice for the said county, in the manner in this act hereafter prescribed.

Sec. 2. And be it further enacted, That the said commissioners shall meet in the town of Belle Fonte, on the first Monday in February next, for the purpose of selecting; and shall continue from day to day until they do select the three places as mentioned in the first section of this act, and before they proceed to the duties of said mission shall take the following oath or affirmation, to be administered by some person authorized to administer oaths, to wit: You and each of you do solemnly swear (or affirm, as the case may be) that you will select and put in nomination three sites for the seat of justice for the said county of Jackson, as near the centre of said county as may be, to comport with the interest of said county according to the best of your judgment without favor or affection,  prejudice or partiality, and without any other consideration than the common good and interest of said county generally.

Sec. 3. And be it further enacted, That if any vacancy shall occur by the death, or refusal to act, of any of the commissioners by this act appointed, it shall be the duty of the judge of the county court of said [county] to appoint some person to fill such vacancy, who shall have all the powers, take the same oath, and be in other respects subject to the same restrictions to which the commissioners by this act appointed are subject.

Sec. 4. And be it further enacted, That the commissioners aforesaid shall, so soon as they fix upon the sites according to the provisions of this act, notify the sheriff of said county thereof,  and furnish him with a written description of the sites selected, and if said commissioners should select one or more of the said three sites on the lands of an individual or individuals, they are hereby empowered to accept of any propositions of donation made by the proprietor or proprietors of the lands thus selected, and make a conditional contract for the same; which contract shall be affirmed, if, according to the result of the election hereinafter provided for the seat of justice, shall be fixed on such land; the terms and conditions of which, contract or contracts for donations shall be furnished, to the sheriff, by the said commissioners.

 


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Sec. 5. And be it further enacted, That it shall be the duty of the sheriff of said county, so soon as he reaches the return of said commissioners, to advertise and hold an election in the said county on the third Monday in March next, at the different precincts established by law for holding the general election in said county, annexing to said advertisement the different places nominated by said commissioners, and the terms and conditions of any contract or contracts which may be made according to the provisions of the fourth section of this act, which said election shall be advertised at least fifteen days before the time of holding the same, at six or more of the most public places in said county, and shall be conducted pursuant to the election laws now in force in this state.

Sec. 6. And be it further enacted, That all persons within the limits of said county who are entitled to vote for members of the General Assembly, shall be qualified electors at such election; and the site having the greatest number of votes, thus nominated shall be the permanent seat of justice for Jackson county.

Sec. 7. And be it further enacted, That, if according to the provisions of this act, the seat of, justice be fixed on public lands, in that case the quarter section of land on which it is fixed shall, and the selection thus made shall be the selection of the quarter section of land to the right of preemption to which the said county of Jackson is entitled, by act of Congress entitled "An act granting to the counties or parishes of each state or territory of the United States in which the public lands are situated, the right of preemption to one quarter section of land for seats of justice for the same, approved, May the 26th, 1824."

Sec. 8. And be it further enacted, That if according to the provisions of this act, the seat of justice be fixed on the lands of an individual or individuals, in that case Benjamin Cloud, Daniel Keith, William F. Jones, Thomas Hargis, and Jonathan Moore, be, and they are hereby appointed commissioners to select the said quarter section of land, according to the act of Congress aforesaid, and make return to the judge of the county court what quarter section of land they have chosen, whose certificate of such return, and that the seat of justice has been permanently fixed before the sale of public lands adjoining, together with this act, shall be evidence of a selection of a quarter section of land, according to the before recited act of Congress.

Sec. 9. And be it further enacted, That if according to the provisions of this act, the seat of justice be fixed on public lands, it shall be the duty of the sheriff to certify the same to the judge of the county court, whose certificate together with this act, shall be evidence of the selection of a quarter section of land, according to the before recited act of Congress.

Sec. 10. And be it further enacted, That the judge of the

 


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county court and commissioners of the revenue and roads shall be, and they are hereby empowered  to contract for such loan of money, as shall be necessary to pay the government price for the said quarter section of land, at a rate per centum not exceeding the legal interest, according to the laws of this state, which shall be payable whenever the amount shall be realized by the sale of such quarter section of land or any part thereof.

Sec. 11.  And be it further enacted,  That the said Benjamin Cloud,  Daniel Keith, William B. Jones, Thomas Hargis and Jonathan Moore, be, and they are hereby appointed commissioners  for the purpose of laying off a town, surveying and selling lots at the seat of justice fixed upon by the provisions of this act for said county of Jackson, and to contract for and cause the public buildings for said county to be erected on such terms as they may think most conducive to the true interest of said county.

Sec. 12. And be it further enacted, That it shall be the duty of said last mentioned commissioners to employ a surveyor to survey, designate, and lay of lots in said town by such metes and bounds, and of such dimensions as said commissioners may direct, and make out a fair plat or correct map with the certificate of the surveyor thereto, and return the same to the clerk of the county court, whose duty it shall be to record the plat or map with the surveyors certificate in the record books of his office.

Sec. 13. And be it further enacted, That the said commissioners shall give at least six weeks notice in some newspaper printed in the ton of Huntsville, of the time and place of selling lots at the seat of justice aforesaid, and also at three or more public places by advertisement in the said county of Jackson..

Sec. 14. And be it further enacted, That the said commissioners shall have power to sell the lots aforesaid, on such terms and conditions as they may think best calculated to promote the best interest of the county, but in no instance to make a title in fee, simple to any purchaser or purchasers of any lot or lots, until the whole consideration for the same is actually paid.

Sec. 15. And be it further enacted, That the commissioners aforesaid shall cause to be laid out a  public square, of such dimensions as they may deem proper, and reserve the same from sale.

Sec. 16. And be it further enacted, That the said commissioners shall give six weeks notice that they will receive proposals for building a court house and jail, for the use of the county aforesaid, of such dimensions as they may think proper; and the commissioners shall take bond with approved security, from the undertaker or undertakers, in double the amount for which said public buildings may be undertaken, conditioned for the faithful completion thereof, by the time specified in the bond, and agreeably to the plan de-

 


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vied, payable to them as commissioners for Jackson county, and their successors in office.

Sec. 17. And be it further enacted, That all notes, bonds, or other instruments of writing taken by said commissioners, not otherwise herein provided for, for the payment of money, shall be made payable to Benjamin Cloud, Daniel Keith, William B. Jones, Thomas Hargis, and Jonathan Moore, commissioners for Jackson county, and their successors in office; who are hereby rested with full power to sue and recover the sum or sums of money therein specified.

Sec. 18. And be it further enacted, That in case of death, resignation, removal or refusal to act of either of the commissioners last aforesaid, it shall and may be lawful for the residue of said commissioners to nominate and appoint any fit person or persons to fill such vacancy.

Sec. 19. And be it further enacted, That the said commissioners before they enter on the duties of their appointment, shall take and subscribe the following oath, to be administered by any justice of the peace or county judge for paid county, to wit: I, (or we, as the case may be,) do solemnly swear, that as commissioner or commissioners of Jackson county, will faithfully and impartially, and to the best of abilities, discharge the duties of commissioner or commissioners, for the said county of Jackson, and as far as in power, to the best interest of said county, so help God; which oath shall be deposited in the office of the county court clerk.

Sec. 20. And be it further enacted, That the said commissioners shall, from time to time, receive such compensation for their duties as shall be allowed them by the county court of said county, to be paid out of the county  treasury.

Sec. 21. And be it further enacted, That the said last mentioned commissioners be, and they are hereby empowered to sell and dispose of the said quarter section of land which may be selected according to the aforesaid act of Congress, in such manner, and upon such conditions as they may deem most expedient for carrying into effect the purpose of the grant.

Sec. 22. And be it further enacted, That the said commissioners be, and they are hereby authorized and empowered to make such deeds of conveyance, or bonds for a title, to the whole or any part of said quarter section of land as they may deem expedient, which shall be binding and valid in law, they are also authorized and empowered to execute deeds of conveyance and title bonds for town lots in like manner.

Sec 23. And be it further enacted, That the commissioners, in this act first appointed, shall be allowed for compensation  for their services, the sum of one dollar per day, to be paid out of the county treasury, out of any monies not otherwise appropriated.

Sec. 24.  And be it further enacted, That the jury for the

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circuit court of Jackson county, shall be drawn front the list of freeholders and householders of Jackson and Decatur counties, until the clerk shall be furnished by the sheriff of Jackson county, with a list of the freeholders and householders of Jackson county, as by this act established; and it shall be the duty of the clerk of the circuit court of Decatur county to transmit to the clerk of the circuit court of Jackson county such list as he may have in his office.

(Approved, December 24, 1824.)

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AN  ACT

Concerning Prisons and Prisoners.

Section 1. Be it enacted by the Senate and House of Representatives of the state of Alabama in General Assembly convened, That when the solicitor of any circuit, shall have good reason to believe that the keeper of any jail has been guilty of cruel and improper treatment towards any prisoner or prisoners either by beating or failing to furnish good and wholesome diet, it shall be his duty to commence a proceeding against said keeper in the nature of an information, who upon being found guilty by a jury, shall be fined at the discretion of the court any sum not less than five nor more than one hundred dollars.

Sec. 2. And be it further enacted, That the judge of the county, together, with the commissioners of revenue and roads, shall be, and they are hereby empowered and required to mark and lay out, the bonds and rules of their respective prisons, not exceeding one mile from the jail, which marks and brands shall be recorded and renewed; or altered from time to time as occasion may require; and any prisoner imprisoned in a civil action for debtor, damages, on original mesne, or final process, on entering into bond. with security as hereinafter mentioned shall be at liberty to walk within said prison bounds, and keeping within  the same shall  be deemed in law a prisoner.

Sec. 3. And be it further enacted, That any prisoner imprisoned, as mentioned in the second section of this act, may enter into bond with sufficient securities to the plaintiff in double the sum of the debt or, damages for which he may be imprisoned; which said bond the sheriff or jailor may take, with a condition in the following form, to wit: The condition of the above obligation is such, that if the above bound, A. B. a prisoner, in the jail of ________ county at the suit of C. D. do, and shall from the date hereof, continue a true prisoner in the custody, guard, and safe keeping of the keeper of said prisoner, or of his steward, deputy or other officer, or of some of them within the limits of the prison bounds of said prison as by law established, until he shall be thence discharged by due course of law, without committing any escape in the mean time, then this obligation to be void, else to remain in full force and virtue-- which bond shall by the officer taking the same, be filed away in the clerk's office of the court, whence the process issued on


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which such prisoner was arrested, and if issued by a justice of the peace, it shall be filed in the clerk's office of the county court, and the clerk in either case, shall be bound to give the officer depositing such bond a receipt therefore, which shall be evidence, in case said bond should be lost, of said officers having taken the sane and should the  condition of said bond be broken, the same may be put in suit, and the debt or damages for which said prisoner was imprisoned, together with ten per cent. interest thereon, from the tune of commitment, recovered, and costs of suit.

Sec. 4. And be it further enacted, That this act shall take effect from and after the first day of January next.

(Approved, December 23, 1824.)