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AN ACT

To compensate James Pugh for carrying Returns of the Election for Brigadier General from Pike county to Cahawba.

Section 1. Be it enacted by the Senate and House of Representatives of the state of Alabama in General Assembly convened, That the sum of thirty dollars, be, and the same is hereby appropriated to pay James Pugh for carrying the returns of the election for Brigadier General from Pike county to Cahawba, and that the state treasurer is hereby authorised and required to pay over to the said James Pugh the said sums of money, out of any money in the treasury not otherwise appropriated.

Sec. 2. And be it further enacted, That the sum of ten dollars be, and the same is hereby appropriated for the payment of Timothy Pittman, sheriff of Henry county, for making the return of the election aforesaid, from Henry county to Pike county; and that the further sum of ten dollars, be appropriated for the payment of William Hewitt, sheriff of the county of Covington, for making the return of the election aforesaid, from the county of Covington to the county of Pike, and that the same be paid out of any money in the treasury not otherwise appropriated.

(Approved, December 25, 1824.)

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AN  ACT

To raise a Revenue for the support of Government until otherwise provided for by law.

Section 1. Be it enacted by the Senate and House of Representatives of the state of Alabama in General Assembly convened, That all lands in this state subject to taxation, shall belong to one class; the first quality of which shall be rated at sixteen dollars; the second quality at ten; the third quality at four; and the fourth quality at two dollars; and the owner or person subject to pay taxes for the same, shall, when he or she shall give in a list of his of her lands, state, on oath, to which quality they believe his or her lands belong.

Sec. 2. And be it further enacted, That the sum of ten cents, for every hundred dollars value, be paid on all lands within this state, which have been cleared out of the land office, or to which a complete title has been obtained by the owner; and the tax on all lands purchased of the United States, shall be proportioned to the number of instalments paid by the proprietor at the time of assessment, as well as to its class or quality; and if one instalment only be paid to the government, one fourth only of the amount of tax accruing by the laws of the state on land of the same quality, shall be assessed or collected; and in like proportion, when a second or third instalment shall have been paid.

 


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Sec. 3. And be it further enacted,  That the sum of ten cents be paid for every hundred dollars value of all lands, lots or buildings, within any city or town, to be estimated by the person giving in the same, upon oath; twentyfive cents for every hundred dollars on the amount of merchandize, domestic or foreign, except such domestic articles as are manufactured within this state, sold within the sixteen months preceding the first day of May, eighteen hundred and twentyfive, and annually thereafter shall render their account of merchandize sold for twelve calendar months preceding the first day of May, for cash or on credit; to be estimated by the owner, or in his absence by the principal clerk, going in the same on oath; and for every slave not exceeding ten years, twentyfive cents; and all over ten and under sixty, eighty cents; for all free male negroes and mulattoes over twentyone years, one dollar; for all free white males above the age of twentyone years and not exceeding forty-five,  thirtyseven and a half cents; for all pleasure carriages and harness, one dollar on every hundred dollars of their estimated value, to he ascertained by the oath of the party giving in the same to the assessor; for every horse kept exclusively for the saddle or pleasure carriage, one dollar; and for every race horse, ten dollars; for every public race track, ten dollars; for every stud horse or jackass, the amount for which said stud or jack may stand by the season; and all neat cattle which may be owned by any one citizen of this state, and for every head of neat cattle owned by any person not a citizen freeholder of this state, over twentyfive head, work oxen excepted, per head two cents; for every billiard table kept for play, four hundred dollars; for every loto or keno table, or any other table kept for gaming, by whatever name it may be called, four hundred dollars; for each license granted to every hawker or pedlar, in each county, twentyfive dollars; and in case any hawker or pedlar shall sell any goods or merchandize without first taking out license and paying for the same, agreeable to the provisions of the law, he shall forfeit and pay the sum of one hundred dollars, to be recovered in any court having competent jurisdiction, one half to the use of the state and the other half to the use of the informer; on all goods sold at auction, other than those which are exempted by law, two per centum on the amount of sales; for every gold watch kept for use, one dollar; for every silver or other watch kept for use, fifty cents; and for every clock kept for use, one dollar; for money loaned at interest, for every hundred dollars, twentyfive cents; on every pack of playing cards sold, given away, loaned or otherwise disposed of, twentyfive cents.

Sec. 4. And be it further enacted, That for every tavern license in any city or town, there shall be paid as tax, twenty dollars; for keeping a house of entertainment in any city or town, without retailing spirituous liquors, fifteen dollars;

 


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on every retailer or spirituous liquors in any city or town, ten dollars; on every retailer of spirituous liquors in the country or on the road or highways, without keeping accommodations for man and horse, ten dollars; and on all houses of public entertainment on the roads and highways, retailing spirituous liquors, five dollars; which tax shall be paid to the clerk issuing the license, and by him, immediately to the tax collectors; and the clerk shall receive for his services the fees heretofore allowed for issuing licenses, and no county tax shall be, paid on licenses, except such as may be levied by the county court of such county.

Sec. 5. And be it further enacted, That on all shares of bank stock in any bank in this state, held by any individual, partnership or body corporate, there shall be levied and collected yearly a revenue, at the rate of fifty cents on each share of one hundred dollars: Provided, nevertheless, That if any bank in this state shall refuse to pay specie for their notes after the first day of August next, then and in that case, there shall be levied and collected an additional tax of fifty cents on each, share held as aforesaid in any bank or banks, so refusing to pay specie for their notes; and the president and directors or cashier, on making out their last dividend, for each preceding year, shall return the said amount of taxes, and pay the same into the treasury of this state, and shall produce the treasurer's receipt on or before the second Monday in December in each and every year; and on failure thereof, the president and directors of said bank or any number of them in their corporate capacity, shall pay to the state two thousand dollars; and in case of any such failure, it shall be the duty of the comptroller of public accounts, to direct the solicitor of the circuit in which such defaulting bank or banks may be, to proceed to the recovery of the same, on motion in the circuit court; the said comptroller of public accounts, giving notice in the Cahawba Press, to the said defaulting bank or banks, of motion so to be made, and the certificate of said comptroller shall be deemed and taken as full and sufficient, evidence of such default or failure.

Sec. 6. And be it further enacted, That every person who shall exhibit or cause to be exhibited for hire or emolument any museum, waxworks, feats of activity, slight of hand or plays, shall first obtain from the clerk of the county, court of the county where the same may be exhibited, a license authorizing the same, which the party applying, shall pay to the clerk twenty dollars for the use of the state, together with one dollar as a fee to the clerk for issuing the same, and the clerk shall account for the said tax, in the same manner as he is required to account for taxes collected on retail and tavern licenses: and every person who shall exhibit as aforesaid, without first obtaining such license, shall forfeit and pay the sum of two hundred dollars, to be recovered before any court having competent jurisdiction,

 


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at the suit of said clerk, or any other person in the name of the said clerk; which sum so recovered, shall be paid over as aforesaid, after deducting there from one hundred dollars for the use of the person who may sue as aforesaid.

Sec. 7. And be it further enacted, That stud horses and jackasses, shall be taxed from and after the first day of May, and the assessor shall take the list of those articles in relation to that day; and it shall be the duty of the collector of the revenue to collect the tax on all jackasses and stud horses, which have stood the season in their respective counties, whether they have been listed with the assessor or not, and account for the receipts as other taxes.

Sec. 8. And be it further enacted, That when the time shall have expired, within which the taxable property are to be received, it shall be the duty of the assessor of taxes, to ascertain whether there be any lands or town lots within their respective counties sold under the authority of the United States, previously to the first day of September one thousand eight hundred and nineteen, which have not been assessed; and in case any such be found which have not been forfeited, he shall assess the same according to the rate of assessment prescribed by late, on town lots and lands for which a complete title has been obtained, and such lots or lands shall be doubly taxed.

Sec. 9. And be it further enacted, That the collector of taxes in the several counties, shall at the time and in the manner prescribed by law, make distress  and sale of the goods and chattels, lands and tenements of all delinquents in making returns of taxable property, or in payment of taxes: and in case of taxes assessed in the manner directed in the preceding section on lands or town lots, to which a complete title has not been obtained, and in which other property sufficient to satisfy the taxes due, together with all costs and charges accruing thereon, cannot be found; it is hereby expressly made the duty of the respective collectors of taxes, to give notice by advertisements, at the door of the court house of the proper county, and at two other public places within the county, that on a certain day (which shall be at least thirty days after the date of each advertisement) he shall at the court house of his county, offer for rent the town lot or lots, or so much of the land (as the case may be,) and for such term as may be necessary to satisfy the taxes due, and costs and charges thereon; and he shall accordingly offer for rent to the highest bidder, until the first day of January, succeeding the January immediately ensuing, the town lot or lots, or such portion of the lands, (as the case may be,) and he may designate, beginning in the case of lands, with ten acres or with as much less than ten acres as may be necessary to pay said tax and costs, or by adding ten acres thereto, as often as may be necessary to obtain by such rent a sufficient sum to satisfy taxes and costs; and in case the town lot or lots, or lands

 


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cannot be rented for a sufficient sum on the terms aforesaid, they shall be offered for two years from the first day of January immediately ensuing, or until a complete title to the same shall be produced, or the same shall be forfeited to the United States: Provided, that a production of a complete title shall in every case aforesaid, entitle the owner to the possession of the premises upon reimbursing the amount paid for taxes and the charges thereon, to the party, by whom such payment has been made, and saving to the occupant, the crop which may be on the premises: and should the rent in any case exceed the amount of taxes and charges, the right owner of the town lot or lots, or lands (as the case may be,) shall be entitled to receive the overplus.

Sec. 10. And be it further enacted,  That the collectors of taxes respectively, shall, by an instrument of writing, convey to the party renting the premises as aforesaid, the use thereof for and during the time for which they were rented and shall in addition to the compensation allowed by law, be entitled to receive two dollars, for executing every such instrument of writing; and such instrument conveying the use of the premises as aforesaid, shall be good and sufficient both in law and equity: Provided, that whenever the collector shall find the tenant in possession, who may refuse to pay tax, or render possession of the premises which may be thus taxed and unpaid, he shall have full power to proceed, instanter, in the sane manner as is or may be authorised in cases of forcible entry and detainer; and the refusal of the tenant in possession to render peaceable possession of the premises, on demand, shall be considered as evidence of forcible detainer.

Sec. 11.And be it further enacted, That the tax collector shall he authorised, and is hereby required to convey by deed, any land he may sell under the provisions of this act where a complete title has been obtained: Provided, the owner or owners of any lands sold for taxes, may redeem the same at any time within twelve  months, by the proper owner or owners, or their agents, praying the amount of taxes and costs, paid by the purchaser, with interest at the rate of twentyfive per centum, per annum, from the day of sale, until said redemption and costs.

Sec. 12. And be it further enacted, That if any person shall remove from the county in which he may reside after the first day of April next without returning to the assessor a list of his taxable property, then and in that case, he shall return to the assessor of the county to which he, shall remove a list of his taxable property.

Sec. 13. And be it further enacted, That if any person or persons shall by him, her or themselves, or by his, her or their agent, keep or permit to be kept a billiard, keno or lotto table for play, or in a situation to be played on, in his, her or their house, or in his, her or their houses, without


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first obtaining a license from the county court of the county in which such table may be kept, he, she or they shall forfeit and pay the sum of two thousand dollars to be recovered in any court having jurisdiction thereof, one half to the person, sum for the same, and the other half to the state.

Sec. 14. And be it further enacted, That no collector shall be authorised to collect any tax until the assessment shall have been completed, and a list thereof returned to the clerk of the county court of his county.

Sec. 15. And be it further enacted, That in case of the neglect or refusal of any person or persons to give in a list of their town property, it shall be the duty of the assessor to value the same, and the collector shall collect the amount of tax due thereon, in the same manner as if the same had been given in by the owner or owners thereof.

Sec. 16. And be it further enacted, That an act passed twentyseventh December, one thousand eight hundred and twentytwo, entitled an act to raise a revenue for the support of government until otherwise provided by law, be and the same is hereby repealed.

[Approved, December 25, 1824.]

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AN ACT

To confirm the title to sundry purchasers of Lands sold by the Trustees of the University of Alabama, 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 entries of all and every person or persons, who have purchased lands belonging to the University of the state of Alabama, at private sale, since the thirtieth day of December, eighteen hundred and twentythree, in conformity to the terms prescribed by the act passed on the twentyfourth day of December, in the year of our Lord one thousand eight hundred and twentytwo, be, and the same is hereby confirmed: Provided, he, she or they file with the President of the board of trustees, of said university within five months after the passage of this act, his, her or their assent in writing, and a consent to be bound by any bond or writing heretofore given for the payment of the purchase money and interest, of the said bond.

Sec. 2. And be it further enacted, That from and after the passage of this act all entries of the lands of the university of Alabama, shall be made on the terms or conditions prescribed by an act passed on the twentyfourth day of December, eighteen hundred and twentytwo, entitled "An act supplementary to an act to establish a state University."

Sec. 3. And be it further enacted, That in all cases where lands may have become forfeited, in virtue of the tenth section of the act last before recited, by reason of failure of the purchaser to pay the principal or interest due thereon, the trustees of the university of Alabama shall be authoris-

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ed, at any time after the said forfeiture, and before the said lands shall be again sold by them, to waive the benefit of the said forfeiture on the payment of the amount of principal and interest then due for the said land.

Sec. 4. And be it further enacted, That it shall be the duty of the said president to have recorded, in the clerk's office of the county of Dallas, within three months after the passage of this act, all and every patent or patents issued by the President of the United States to the trustees of the said university, and that a certified copy of the said record shall be admitted as evidence in any court in this state; and the fees of recording the same be paid out of the funds of the university in the treasury of this state, on the certificate of the Governor.

(Approved, December 25, 1824.)

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AN ACT

Authorising and empowering the School Commissioners of the sixteenth Section, fourth Township, and seventh Range in the district of Lands sold at Huntsville, to Lease a small part thereof, for the purpose of having a Mill erected thereon.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the agents or school commissioners of the sixteenth section, fourth township, and seventh range west, in the District of lands offered for sale at Huntsville, or their successors in office, be, and they are hereby authorised and empowered to lease for any length of time not exceeding the term of ten years, any part of said sixteenth section, not exceeding six acres, lying contiguous or near to some one of the sources of Spring Creek, for the purpose of having a grist mill erected thereon: Provided, nevertheless, that said agents or commissioners before permitting any person or persons to take possession of any part of said sixteenth section, for the purpose aforesaid, shall take from such person or persons with whom they may contract, a bond with at least two good and sufficient securities in the sum of at least five thousand dollars, payable to themselves as school commissioners of said sixteenth section and their successors in office, conditioned for the erection of a grist mill on said sixteenth section, of the description they may contract for, and for the delivery of the mill at the expiration of the lease to those who may at the time be school commissioners for said sixteenth section, in a state of good repair; which bond shall be filed in the clerk's office of the county court of Lawrence county.

Sec. 2. And be it further enacted by the authority aforesaid, That upon failure to comply with the condition annexed to such bond, it shall be the duty of those who at the time of such breach, shall be school commissioners of said sixteenth section, or their successors in office, to cause suit to be instituted thereon, for the benefit of the inhabitants of the township mentioned in the first section of this act.

(Approved, December 22, 1824.)

 


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AN ACT

To amend an act entitled "An act to prevent the frauds and fraudulent combinations in the sales of public lands, within this state," passed at Huntsville on the 17th December, 1819.

Section 1. Be it enacted by the Senate and House of Representatives of the state of Alabama in General Assembly convened, That hereafter in all prosecutions under the act that this is intended to amend, testimony shall be admissible under no other restriction than is lawful in other criminal prosecutions within this state.

Sec. 2. And be it further enacted, That the proviso of the fifth section of the act, that this is intended to amend, is hereby repealed.

Sec. 3. And be it further enacted, That the provisions of the above recited act, shall be given in charge to the grand juries, by the judges at their respective circuit courts in this state.

Sec. 4. And be it further enacted, That in all cases whatsoever, where any suit or action shall be brought in any court of record in this state, touching or concerning any specialty, promise or agreement, made in writing or otherwise, to pay money, or any other thing contrary to the provisions of the before mentioned act, every person who may be a party or concerned in any way in the same, shall be a good and lawful witness to give evidence of the consideration and execution of any such bond, specialty promise or agreement as aforesaid, Provided, however, if any person against whom such evidence is offered to be given will deny upon oath, to be administered in open court, the truth of what such witness offers to swear; then and in every such case other and additional testimony shall be required.

Sec. 5. And be it further enacted, That the circuit courts in this state, shall have jurisdiction of all offences in violation of, and contrary to the provisions of the act that this is intended to amend, and if any witness or party as aforesaid, shall forswear him or herself in any such matter, and be thereof lawfully convicted, he or she so convicted, shall suffer the pains and penalties " by law inflicted on persons convicted of willful and corrupt perjury.

(Approved, December, 1824.)

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AN  ACT

To provide for compensating the Electors for President and VicePresident of the United States.

Section 1. Be it enacted by the Senate and House of Representatives of the state of Alabama in General Assembly  convened, That the electors in this state for President and VicePresident of the United States, be entitled, and each elector is hereby authorised to receive four dollars for every days necessary attendance at the seat of government, and four dollars for ever twenty miles travelling to and from the same, and in that proportion  for a shorter distance, to be paid out of any monies in the treasury, not otherwise appropriated.

[Approved, December 22, 1824.]


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AN ACT

For the relief of George A. Glover; Assessor and Tax Collector of Lawrence County, for the year 1823.

Whereas it appears from an order of the commissioners court of Lawrence county, at the May term, 1824, of said court, that the taxes due to this state for the year 1823 in said county from insolvent persons, amounted to the sum of one hundred and one dollars and sixty-two and a half cents; and whereas it appears from the certificate of the comptroller, that a judgment has been obtained against George A. Glover, assessor and tax collector of said county, for the year aforesaid, in favor of this state, including the aforesaid sum of money with fifteen per cent damages thereon, which said judgment has been satisfied by the said George A. Glover. Be it therefore enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the comptroller of this state be, and he is hereby directed to issue his warrant on the treasurer of this state in favor of the said George A. Glover, for the aforesaid sum of one hundred and one dollars and sixty two and a half cents, and the aforesaid fifteen per cent thereon, to be paid out of any money in the treasury not otherwise appropriated.

[Approved, December 20, 1824.]

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AN ACT

To prevent the commission of Trespasses on the Lands vested in the Trustees of the University of Alabama, 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 if any person or persons, shall hereafter unlawfully enter upon and cut down, carry away or destroy any tree or trees on any of the lands vested by law in the trustees of the University of the state of Alabama, every such person or persons being lawfully convicted thereof before a justice of the peace, shall forfeit and pay the said trustees the sum of ten dollars for every tree so cut down, carried away or destroyed and moreover shall be committed to the jail of the county in which such offence has been committed, there to remain until he or they shall pay the fine and costs assessed against him or them, unless such person or persons so convicted, shall execute to the said justice a bond with good security, payable to the trustees for the amount assessed as aforesaid within fourteen days thereafter, which said bond with security, shall have the effect of a judgment; and provided the same should not be punctually paid, it shall be the duty of such justice to issue an execution thereon against such obligor or obligees, and their securities or their executors or administrators jointly; and all money received by such justice in pursuance of the provisions of this act, shall be paid over by the said justice or his successors in office, as the case may be, to the trustees of the university of Alabama.


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Sec. 2. And be it further enacted, That if any person or persons shall unlawfully enter upon and destroy or remove any improvements, situate on the lands vested as aforesaid in the trustees of the University of Alabama, or unlawfully enter upon and commit any trespass or trespasses not provided for by the first section of this act, such person or persons so unlawfully entering upon and destroying, or removing such improvement, or committing such trespass or trespasses, shall be proceeded against and punished in the manner as described by the fifth section of an act, passed the eighth day of December, eighteen hundred and twenty, entitled, "An act to establish a state university."

Sec. 3. And be it further enacted, That the trustees aforesaid, shall have power to appoint such number of persons as they may deem expedient residing near the said lands for the purpose of protecting  the same from trespasses, and to make them a reasonable compensation. This act shall commence and be in force from and after the passage thereof.

( Approved, December 25, 1824.)

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AN ACT

Amendatory to an act concerning Divorce, passed December 21st, 1820,

Section 1. Be it enacted by the Senate and House of Representatives of the state of Alabama in General Assembly convened, That from the passage of this act, where a marriage hath been heretofore, or shall be hereafter contracted, and celebrated between any two persons, and it shall be adjudged that either party at the time of the contract, was and still is naturally impotent, or that either party has separated him or herself from the other, and is living in adultery with another person, or when either party may have been absent from the other for the space of seven years, with intention of abandonment, in every such case, and in such cases only, it shall and may be lawful for the injured person to obtain, in the manner heretofore provided by law, a divorce from the bonds of matrimony.

Sec. 2. And be it further enacted, That if it shall appear that the complainant has been guilty of adultery, and has admitted the defendant into conjugal society or embraces, after he or she knew of the criminal fact, or that the said plaintiff (if the husband) allowed of his wife's prostitution, it shall be a bar against a divorce for such previous misconduct.

Sec. 3. And be it further enacted, That in all cases where both parties shall be guilty of adultery, it shall be a bar to a divorce.

Sec. 4. And be it further enacted, That in order to prevent collision between the parties, in no case shall the confession of them or either of them be taken or received as evidence in any case of divorce.

Sec. 5. And be it further enacted, That in no case of divorce, shall the party against whom such divorce may be


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granted, or who may have been guilty of any of the offences upon which such divorce may have been granted, be allowed to marry again; and in case the said party shall marry again, such marriage is hereby declared null and void; and the party so marrying again, shall be liable to such penalties as are prescribed for the crime of adultery.

Sec. 6. And be it further enacted, That no person shall be permitted to commence a suit in chancery for a divorce until he or she shall have been an inhabitant of this state at least three years immediately preceding.

Sec. 7. And be it further enacted, That divorce from bed and board may be granted for extreme cruelty in either of the parties, on the application of the party aggrieved by the same proceedings in the circuit court of the county, in which the complainant may reside, as are of may be required by law to be had on bills praying divorce from the bonds of matrimony, and that the divorce of such circuit court shall be final.

Sec. 8. And be it further enacted, That all laws and part, of laws contrary to the provisions of this act, be, and the same are hereby repealed.

(Approved, December 23, 1824.)