To alter and amend the Charter of Incorporation of the City of Mobile.
Section 1. Be it enacted by the Senate and House of Representatives of the state of Alabama in General Assembly convened, That the inhabitants of the town of Mobile, be constituted a body politic and corporate, by the name of the Mayor and Aldermen of the City of Mobile, and by their corporate name may sue and be sued, plead and be impleaded, grant, receive and do all other acts as natural persons, and may purchase and hold real, personal, and mixed property, not exceeding at any one time five hundred
thousand dollars, or dispose of the same for the benefit of the said city; and may borrow and loan money for the benefit of the said city, and may have and use a city seal, which may be broken or altered at pleasure.
Sec. 2. And be it further enacted, That the limits or boundaries of the city of Mobile, shall be as follows: Commencing at the north bank of bayou Chataugue at its mouth, thence running east to the east bank of Spanish river; thence down the east bank of said river, to the extreme southern point of the island; thence south, to a point which will intersect the south boundary of township numbered four; thence west to a point whence a north line will strike the bayou Chautaugue at the old portage, thence down the left bank of said bayou, to the place of beginning.
Sec. 3. And be it further enacted, That the said mayor and aldermen, shall have full power to appoint a clerk to the corporation, a treasurer, and inspector or inspectors of streets, lanes and alleys, fences, yards and all out-houses; as many public constables as may the corporation, a city marshal, and all other officers necessary to carry into effect this incorporation.
Sec. 4. And be it further enacted, That the said corporation of the city of Mobile, consisting of a mayor and aldermen, shall be constituted of seven members residents of the city, over the age of twenty-one years, and each of whom shall be possessed of a freehold estate, within the limits of said city; the said aldermen to be elected annually by ballot in a general ticket, by the free white male inhabitants of the age of twenty-one years, being freeholders, within the city, or who have resided in the city twelve months, and paid taxes therein the year preceding that in which the election shall be held, and have rented a tenement, or separate room, six months immediately preceding the election: The mayor and aldermen for the time being, shall appoint three inspectors or judges, to preside at the election of aldermen, whose certificate stating the number of votes taken, and who are the seven highest on the list, and said certificate being filed with the clerk of the mayor and aldermen of the said city of Mobile, shall be conclusive as to those who are elected aldermen for said city. And the said inspectors of judges shall have full power and authority to keep order at the place of holding sale elections, and to commit to the jail of the county, for a term not exceeding forty-eight hours, any person who shall attempt to make, or make any disturbance at the place of holding the elections, so as to interfere with the peaceable and orderly conducting of said elections; And the sheriff of the county of Mobile, the city marshal, and the police constables appointed by the mayor and aldermen of the city of Mobile, are hereby commanded to obey and carry into execution all process issued by the said judges or inspectors as aforesaid, in pursuance of this act: And the said judges or inspectors shall give ten days public notice, by advertising in some public newspaper printed within said city of Mobile, or by posting up such notice, in two or more of the most public places within said city, of the time and place of holding said elections, which said place must be within the incorporated limits of the city of Mobile; and if there should be an equal number of votes between any two persons or more, who shall be voted for at the regular elections for aldermen so as to prevent the election of the whole number designated by this act, the said judges and inspectors shall declare the fact; and issue notice for a new
election, in the same mode as for the regular election, to supply the places of those who may have an equal number of votes; and in case of the death, continued absentee of four months, resignation or removal of any one who shall be elected alderman, an election in the mode prescribed by this act, shall take place to supply the vacancy: That the said election for aldermen, shall take place on the second Monday in August in each and every year, and that in three days subsequent to each election, each person who shall be elected, shall take the following oath, before any justice of the peace, or judge of any court within the county of Mobile. I, _________ do solemnly swear, that I will truly execute the duties of alderman as prescribed by the act, incorporating the city of Mobile. And that immediately after the said oath shall be taken, the said aldermen shall meet at some convenient place, within the incorporated limits of the said city of Mobile, and there organize, and by vote viva voce, shall proceed to elect a mayor from their number, and he who shall have the highest number of votes, shall be declared mayor for the succeeding year; and that four members present shall constitute a quorum to do business.
Sec. 5. And be it further enacted, That the polls for said election for aldermen, shall be kept open from eight o'clock in the morning, until four o'clock in the evening, and no longer, for the reception of ballots; and on closing the polls, the judges shall proceed immediately, and in a public manner to count the ballots, and when the certificate of the said judges or inspectors as aforesaid, shall be as aforesaid filed, the clerk with whom the said certificate shall be filed, shall immediately give a written notice to each person, certified his having been elected as aforesaid.
Sec. 6. And be it further enacted, That the said mayor and aldermen, or a majority of them, shall have power to adjourn their meeting from time to time, unless sooner called together by a written notice from the mayor, designating the time and place of holding such meetings: they shall keep at journal of their proceedings, and enter the yeas and nays on any question, resolve or ordinance, at the request of any member, and their deliberations shall be public.
Sec. 7. And be it further enacted, That the mayor and aldermen aforesaid, or a majority of those present, shall have full power and authority to pass all bylaws and ordinances, to regulate the stationing, anchorage and mooring of vessels within their jurisdiction, to prevent and remove nuisances, to prevent the introduction of contagious or infectious diseases within the said city, by regulating the approach of vessels having sick on board, and the landing of the sick, or of articles calculated to produce disease, and by providing vile or more places for the reception of the sick, or by any other lawful means whatsoever, to establish night watches or patrols, and erect lamps, to provide for licensing and regulating retailers of liquors, within the limits of the said incorporation, and the annulling the same on good and sufficient complaint being made against any person holding such license; for the regulating hackney carriages, wagons, carts and drays, and for licensing the same and for the regulating of pawn brokers within the said city; to restrain or prohibit gambling, and to provide for licensing and regulating theatrical and other public amusements within the city; to regulate and establish markets, and to rent out the stalls in the same, saving and reserving however at least two stalls in each and every market for the use of country people who may attend the same with marketable supplies.
and to prohibit the selling of meats, poultry, fish or game, except at the public market or markets; to erect and repair bridges; to keep in repair all necessary streets, avenues, drains and sewers, and to pass regulations necessary for the of preservation of the same; to provide for the licensing chimneysweepers, and regulating the sweeping of chimneys, and fixing the rates thereof; to establish and regulate fire wards and fire companies; to sink wells, and erect and repair pumps in the streets; to impose and appropriate fines, penalties and forfeitures, for the breach of their ordinances or bylaws; to enact bylaws for the prevention and extinguishment of fires, and it' necessary, to' remove of pull down buildings or fences for the prevention of the spreading of the same; to erect or establish hospitals or pest houses, work houses, houses of correction, penitentiary and other buildings for the use of the city; or to join with the county of Mobile in the erection of the same; and to have a joint control over the same, with the public authorities of the county; and to levy and collect taxes as prescribed by this act for defraying the expense thereof, and of all other necessary purposes; to regulate party and other taxes, and determine by whom the same shall be made and kept in repair; to restrain and prohibit the nightly and other meetings, or disorderly assemblies of slaves, free negroes and mulattoes and to punish such slaves by whipping, not exceeding twenty stripes, and to punish such free negroes and mulattoes, and other persons for such offences, icy fixing penalties not exceeding fifty dollars, for any one offence, and in the case of the inability of such free negro or, mulatto or other person; to pay and satisfy awry such penalty and cost thereon, to cause such free negro, mulatto or other person to be, confined to labor, for such a reasonable time, not exceeding three calendar months for any one offence, as may be deemed equivalent to such penalty and costs; which said labor shall be such as shall be designated by the said mayor and aldermen, for the general benefit of the said city; to cause all vagrants, idle or disorderly persons, all persons of evil life or ill fame, and all such as have no visible means of support, or more likely to become chargeable to the city as paupers, or are found begging or drunk in or about the streets, or loitering in or about tippling houses, or who can show no reasonable course of business, or employment in the city; all who have no fixed place of residence, or, cannot give a. good account of themselves; all who are grossly indecent in language or behaviour, publicly in the streets, and all public prostitutes, or such as lead a notorious, lewd or lascivious course of life, to give security for their good behaviour for a reasonable time, and to indemnify the city against any charge for their support, and in any case of their refusal or inability to give such security, to cause them to be confined to labor, for a limited time, not exceeding four calendar months, unless such security shall sooner be given; which said labor shall be such as shall be designated by the said mayor and aldermen, for the general benefit of the said city: and that the labor so designated by the mayor and aldermen may be carried into effect, they shall have power to appoint a person or persons, to take those so confined and sentenced to labor from their place of confinement to the place appointed for their working, and watch them while at labor, and return them before sundown to the place of confinement; and if they shall be found afterwards offending, such security may again be requited, and for want thereof, the like proceedings may again be had from time to time, as often as may be necessary; to take care of, preserve, re-
move, designate and regulate all hurrying grounds within the city; to license bakers and, regulate the weight: and price of bread; and prohibit the baking for sale, except by those licensed: The said mayor and aldermen shall, have power, to regulate weights and measures; appoint inspects of lumber, fire wood, flour, beef, pork, fish, and all other salt provisions; and to pass all other bylaws, ordinances and regulations for the good government of the said city not contravening the laws of the state of Alabama.
Sec. 8. And be it further enacted, That the said mayor, before he enters on the duties of his office shall take an oath, or affirmation, in the presence of the board of aldermen, lawfully to execute the duties of his office, to the best of his skill and judgment, without favor or partiality: And the said mayor and each of the said aldermen shall, exofficio, have and exercise the powers of a justice of the peace, within the city of Mobile; so far only as it relates to carrying into effect all the ordinances, bylaws, and regulations of the said corporation. The said Mayor and board of aldermen, shall elect by ballot all officers recognised by this act, except those otherwise provided for; and any such officers shall be removed from office on the concurrent remonstrance of twothirds of the aldermen: the said mayor shall also see that the laws of the corporation be duly executed, and shall report the negligence or misconduct of any officer to the board of aldermen; he shall lay before the board of aldermen from time to time, in writing, such alterations in the laws of the corporation, if he shall deem, necessary or proper, and shall receive for his services, annually, a just and reasonable compensation, to be allowed and fixed by the board of Aldermen; which shall neither be increased nor diminished during the period for which he shall have been elected. In case of the refusal of any alderman to accept the office of mayor, upon his election thereto, or of his death, resignation, inability, or removal from the city, the said board of aldermen shall elect another in his place, to serve the remainder of the year.
Sec. 9. And be if further enacted, That the said mayor and aldermen shall have power to lay taxes on both the personal and real estate, within the said city, as well as a poll tax upon all the inhabitants: Provided, That the said tax upon the personal and real estate, be laid in pursuance of an assessment and valuation of the said personal and real estate, to be mode by some discreet person or persons thereto appointed as assessor or assessors, by the said corporation, and which tax shall be laid in the manner following: The said assessment or valuation when completed, containing all the property as well as the names of the owners thereof; shall be lodged with the clerk of the corporation, and the mayor and aldermen shall assess so many cents of the dollar, making no distinction as to any person; and which assessment or valuation, together with the names of the persons liable to taxation, with the tax laid thereon, shall be open to inspection to all and every person interested therein; and the mayor and aldermen shall give ten days public notice in some public newspaper printed within the limits of the city of Mobile, that the said assessment or valuation, together with the tax laid thereon, is ready for inspection: And if any person shall be dissatisfied with the said assessment or valuation, or tax laid thereon, shall give notice to the mayor, and the said mayor shall convene the board of aldermen and give notice to the dissatisfied person or persons of the meeting who shall have liberty to appear and be heard, before the said
meeting, touching his objections, and the said mayor and aldermen shall take into consideration the objections so to be made, and shall have power, to alter the assessment or valuation, together with the tax assessed thereon, as to them shall seem meet; but their decision shall be final as to all questions or objections that may be brought before the, in reference to the said assessment or evaluation, and the tax assessed thereon as aforesaid; and after twenty days, have elapsed, from giving the notice the said valuation or assessment, together with the tax assessed thereon, as aforesaid, are ready for public inspection, the said mayor shall make out a tax list, annexed to which shall be a warrant, directed to the collector of the corporation, containing a description of the real estate taxed, together with its valuation, and the tax assessed thereon, and also the amount of personal property valued or assessed to each person, together with the tax assessed thereon, and the name of each person liable to a poll tax, with the amount of such poll tax laid: and it shall be the duty of the said collector to call on each person so taxed, if they can be found within the city, and leave a written notice of the amount of taxes due by such respective individual; and if within six days after the said notice shill have been left with the said individual as aforesaid, the said tax shall not be paid, the said collector shall proceed to distrain the personal property of said individual by virtue of said warrant, and to advertise the same for sale, by giving six days public notice, in some public newspaper printed within the city, to the highest bidder, at public unction: and if there be any overplus money, after paying the tax and costs of seizure and sale, the said overplus shall be returned to the said person whose personal property was seized and sold; and if the taxes on any real estate shall remain unpaid for the space of ten days after due delivery of the tax list to the said collector, the said collector shall proceed to publish a description list of the said real estate, together with the names of the owners, if known, as well as the valuation of the said real estate together with the tax assessed thereon for the space of two months, in some public newspaper printed within the limits of the said city; and if at the expiration of the said two months, the tax shall remain unpaid, the collector shall return the same to the clerk of the corporation, and the mayor of the said corporation shall give one month public notice, by publishing in some public newspaper printed within the limits of the said city of Mobile, that the said real estate, or so much thereof as may be necessary to satisfy the tax or taxes so remaining unpaid, will be leased and let at public auction, to the highest bidder, for such term of time as may be necessary to satisfy the said tax. And the said mayor is hereby empowered to convey the said real estate so leased or let to the highest bidder, by conveyances good and sufficient in law: and the said collector in twenty days after the said warrant and tax list as aforesaid shall have been delivered to him shall make return of his proceedings thereon, and pay over all monies collected by him to the treasurer of the said corporation, retaining so much as shall be allowed by the said mayor and aldermen as a compensation for his services, and shall receive a receipt from the said treasurer for the same; and at the expiration of the necessary notice as to the real estate on which taxes shall remain unpaid, the said collector shall return his warrant to the clerk of the said corporation, together with a specific return of his proceedings thereon: and further, the said taxes when collected and paid in, shall be appropriated by the said mayor and aldermen, for the benefit and improvement of the said city; and the comfort, con-
venience and safety of the inhabitants thereof: Provided, nevertheless, That the taxes so to be levied and collected, shall not exceed, in any one year, forty cents: for every hundred, dollars worth of property.
Sec. 10. And be it further enacted, That all physicians who may be appointed by the said mayor and aldermen to carry into effect their ordinances in reference to the preservation of the health of the said city of Mobile, shall be obliged to give their opinions in writing, when thereto requested by the said mayor and aldermen, touching any contagious or malignant fever, prevailing within the said limits of the city of Mobile; or any disease, matter or thing, which affects the health or lives of the inhabitants of said city.
Sec.11. And be it further enacted, That the said mayor either of the said aldermen, shall issue his process as justice of the peace for the city of Mobile, for all offences committed under this act, and for a breach of all or any of the bylaws and ordinances of the said corporation, to the Marshal or police constables, appointed by the said corporation, who shall bring the offenders, in pursuance of the said process, before the said mayor or said alderman, as aforesaid; and the said mayor, or the alderman who may have issued the said process, shall proceed to try the offenders, and examine all witnesses that may appear or be subpoenaed before him, both on the part of the corporation and the delinquent, and give judgment as to him shall appear just and legal; and shall receive the same compensation for the same, as other justices of the peace for like duties; and if the said person or persons who may be brought before the said mayor or the said alderman, shall be dissatisfied with the decision of the said mayor, or the said alderman, he, she or they may forthwith appeal to the circuitcourt of Mobile county, in all cases where the judgment shall exceed twenty dollars; and the said person or persons shall give a bond, with good and sufficient security, to pay and satisfy the judgment with costs, in case the said judgment of the said mayor, or said alderman, should be affirmed by the said circuit count, together with five dollars additional costs, and the proceedings thereon shall be as are prescribed by law in other cases of appeal.
Sec. 12. And be it further enacted, That the said mayor and aldermen shall have power to fix the compensation of all officers under this act, to be by them appointed.
Sec. 13. And be it further enacted, That the said marshal, collector constables and treasurer, appointed by the mayor and aldermen, before they enter can the duties of their respective offices, shall give bonds with good security to the said mayor and aldermen, in the penalty of five thousand dollars, conditioned for the true and faithful performance of the duties of their respective offices; and which said bond, for any breach of covenant, contained in said bond, may be prosecuted in the name of said mayor and aldermen as boards usually are, which are givers to incorporate bodies, in any, court of record is the county of Mobile.
Sec. 14. And be it further enacted, That the corporation, of the said city of mobile, shall be, and they are hereby authorised and directed to cause a complete and accurate survey to be made of the said city agreeably to the courses and limits prescribed in this act, and to establish, and fix from time to time, permanent boundaries at such places as they may deem necessary and proper, for perpetuating the boundaries of the said city, and to cause the squares into which the city now is, or may hereafter be divided, to be numbered, beginning at such point as the corporation may designate, and
progressing with the same, in the manner they may direct, and also to cause the front and depth of each lot so numbered, to be measured and specified on the survey of the said city; and after the said survey shall have been so made and approved by the corporation, the same shall be admitted to record, in the office of the clerk of the county court of Mobile county, or in such office as at the time of completing said survey, shall, or may by law be appointed for recording deeds.
Sec. 15. And be it further enacted, That the said corporation shall have power to widen, extend and regulate the streets, lanes and alleys, within the limits of said city: Provided, that do street, lane or alley, now existing, shall be widened or extended so as to infringe upon, or interfere with, any dwelling house, or other houses of any inhabitant of said city, without the consent of the owner or claimant thereof: and provided, further, that in all cases where the location of any street, lane or alley, may or shall, by the changing or altering the same, as aforesaid, prejudice the right or interest of any individual, or individuals, the clerk of the board, under the direction of the mayor or of any alderman in the absence or incapacity of the mayor, shall draw jury of twelve freeholders, resident within the corporate limits of the said city, from a ballot box to be provided to that purpose, in which the names of all freeholders within the corporate limits aforesaid, written on separate pieces of helper, shall be deposited, who shall he summoned by the, city marshal or some one of the police constables, and forthwith proceed to assess the damage sustained by, or the advantage accruing to, the owner or owners of property which may be affected, injured, or benefited by the said changing, or altering any street, lane or alley, its aforesaid; and the said amount, so assessed, shall be paid by the individual or individuals so benefited, to the owner or owners of property, so prejudiced; and in case of the refusal, of any person or persons to pay the amount so assessed; the said mayor shall have power and authority, to lease out, and let, so much of the real estate so benefited, for such term as may be necessary to pay said assessment in the same mode and manner as is prescribed and authorised by the ninth section of this act; providing for the collections of taxes on real estate within the said city of Mobile. And provided, moreover, that the street called and known by the name of government-street, shall be, and the same is hereby declared to be one hundred feet wide: and it shall be the duty of the said corporation to designate and distinctly to mark out the northern limits of said street, according as the same were established by the Spanish Government, as nearly as can be ascertained by the Spanish records, by the records of the land office, or by any other evidence which they may deem satisfactory: and the limits when so ascertained, marked cut, and designated, shall be the permanent northern boundary of said street.
Sec. 16. And be it further enacted, That the said corporation shall have power, and they are hereby authorised to alter and change the present mines of streets of said city, whenever they may deem it expedient, and they shall mark the names when so altered and changed, together with the original names thereof, on the map of the said city.
Sec. 17. And be it further enacted, That the said corporation shall have power, and they are hereby authorised, to lay out and open new streets, lanes or alleys, whenever they may deem it expedient, within the limits of the said city; under the restrictions herein
before laid and under the following regulations, that is to say, the mayor of the city shall summon twelve freeholders, inhabitants the said city, not directly interested in the lands or lots through which it is proposed to open and lay out the said new street or streets, who being first sworn to assess and value what damages would be sustained by the owners of said lots or lands, by reason of the opening and laying out of any street, lane or alley, and the damages so assessed, shall be paid by the corporation of said city, to the owner or owners of said lots or lands: Provided always, that no street, lane or allay shall be, opened, or laid out until the damages assessed to individuals in consequence thereof, shall have been paid.
Sec. 18. And be it further enacted, That the act, entitled an act to incorporate an aqueduct company in the city of Mobile, passed December twentieth, eighteen hundred and twenty, be, and the same is hereby declared null and void; the said corporate having failed to comply with the requisitions of said act; and all the rights, privileges and immunities, powers, prerogatives and authority which appertained to the said company by virtue of the aforesaid act, are hereby transferred to and vested in, the corporation of the city of Mobile, for the use and benefit of the inhabitants thereof.
Sec. 19. And be it further enacted, That the mayor and aldermen for the city of Mobile, shall hereafter, on the first Monday of November, in each and every year, publish in the newspapers printed in said city, a report which shall contain a true statement of the receipts of any and all monies into the treasury of the corporation, together with an exact and methodical account of the appropriations and disbursements made of such monies: and for the purpose of carrying into effect the true intent and meaning of this act the said mayor and aldermen shall keep a book or books, in which shall be entered a statement of all monies received by them in their corporate capacity, proceeding from taxation or otherwise, as well as an account of all expenditures incurred, or disbursements make, by the said corporation, which said books shall be at all times subject to the inspection of all persons interested therein.
Sec. 20. And be it further enacted, That all other acts and parts of acts, heretofore enacted for the government of the said city of Mobile, are hereby repealed, saving so far and the said repeal may interfere with the unfinished business commenced and progressing under the aforesaid acts.
To exempt the members of the Neptune Fire Companies, Nos. 1, and 2, of the City of Mobile from militia and patrol duty; 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 John F. Pagles, and Thomas Walsh, and their associated, members of the Neptune Fire Companies, numbered one and two, of the city of Mobile, and their successors, be, and they are hereby exempted from militia and patrol duty, so long as they continue members of the said company or associated, and no longer, except in cases, of actual rebellion or invasions.
Sec. 2. And be it further enacted, That it shall and may be lawful for the commissioners of roads, highways, bridges, and ferries for said county, to exempt the members of the aforesaid companies from tax, if they deem the same expedient.
To establish a county therein named, and for other purposes.
Section 1. Be it enacted by the Senate and House of Representatives of the state of Alabama in General Assembly convened, That all that tract of country lying west of the basis meridian from Huntsville, and contained within the following bounds, to wit: commencing at the northeast corner of township fourteen, of range nine, and running thence west eighteen miles, to the northwest corner of township fourteen, range eleven, thence south four miles, thence west to the state line, thence along the same to the southern boundary line of township seventeen, thence east along said township line, to the southeast corner of township seventeen, range twelve, thence north six miles, thence east to the southeast corner of township sixteen, range nine, and thence north to the place of beginning; shall constitute a separate and distinct county, to be known and called by the name of FAYETTE.
Sec. 2. Be it further enacted, That Hezekiah Johnson, Wiley Beasley, Horatio Robinson and John Ship, be and they are hereby appointed commissioners of revenue and roads for the aforesaid county of Fayette, until the next general election, and until their successors are elected and qualified, with the same privileges and powers that appertain to such officers in other counties in this state.
Sec. 3. Be it further enacted, That the aforesaid commissioners associated with the judge of the county court shall appoint managers to superintend all election, to be held at the place appointed for holding courts in said county, and at the several election precincts hereinafter named, on the second Monday in May next, for the purpose of electing sheriff, clerks of the county and circuit courts, and such other officers as may he required by this act.
Sec. 4. Be it further enacted, That in addition to the election to be held at the courthouse, the following election precincts shall be established for, said county, at the houses of Horatio Robinson, Wm. Al. Strong, Littleton Bagwell, Parson Brewer and Michael Fox.
Sec. 5. Be it further enacted, That the said county shall be added to, and form a part of the fifth judicial Circuit, and the circuit courts thereof shall be held on the first Mondays after the fourth Mondays in March and September, in each and every year, and may continue in session each one week; and the county courts, on the third Mondays in January and July; and the courts of commissioners of revenue and roads on the second Mondays in February, May, August and November.
Sec. 6. Be it further enacted, That it shall be the duty of the judge of the county court of said county, together with the commissioners of revenue and roads, to cause elections to be held throughout the county, for the election of justices of the peace and constables, as well as all military of-
ficers, at such times and places as they, may appoint; and the certificate of a majority of them, or of any one, if but one should attend to this matter, shall be sufficient evidence to authorise commissions to issue.
Sec. 7. Be it further enacted, That the militia of said county shall form the fortyfifth regiment, and be attached to the fifth brigade of the militia of this state; and that it shall, be lawful for the several managers of the elections provided for by the third section of this act, to administer to each other, respectively the requisite oaths, or that the same may be done by the judge of the county court thereof, or by any justice of the peace, of either of the counties of Tuscaloosa, Walker, Marion or Pickens, and that the commissioners of revenue and roads may in like manner be qualified by any authorised officer in either of said counties.
Sec. 8. Be it further enacted, That the clerks of the circuit and county courts of either of the counties, from parts of which said county may be formed, shall as soon as may be, after the elections provided for by the third section of this act, and after the clerks are qualified for office, transfer all causes and the records thereunto belonging, where the defendants may reside within the limits of the aforesaid county of Fayette, to the clerk of either the circuit or county court, to which the same may properly belong, for trial; and all process which may be issued and not returned, which is Within the jurisdiction of the counties, from which the county aforesaid has been taken, and which properly belongs to said county, shall be returned to the clerks of said courts to which the same may properly appertain, in the said county of Fayette, all of which 'shall be proceeded upon in the same manner as if originally made returnable to such court.
Sec. 9. Be it further enacted, That until the establishment of circuit and county courts in the said county, all appeals founded on judgments of justices of the peace, and all writs of certiorari and supersedes shall lie to the circuit and county courts of the counties to which the same would have properly belonged, if this act had not been passed.
Sec. 10. Be it further enacted, That tire aforesaid county of Fayette, when organised, shall exercise and enjoy all the rights, privileges, and emoluments, and shall possess all powers that of right appertain to other counties to this state.
Sec. 11. Be it further enacted, That until otherwise provided for by law, the circuit and county courts of said county shall he held at some convenient house at Van Hoose's store, to be provided by the judge of the county court.
Sec. 12. Be it further enacted, That all that part of Tuscaloosa county, lying in township number twenty four, in range two, east of the basis meridian from St. Stephens; and that part of fractional township number twenty-two, range thirteen, west of the basis, meridian from Huntsville, shall be added to, and forth a part of Pickens county.
Sec. 13. Be it further enacted, That this act shall commence and be in force from and after the passage thereof.
Sec. 14. And be it further enacted, That the counties of Walker and Fayette shall compose a part of the middle Congressional district, and the election in said counties shall be held at the same time and conducted in the same manner as is provided for by an act to divide the state into Congressional districts, for electing representatives to Congress, passed December twentyone, 1822, and the sheriffs of said counties shall make their returns of the election to the sheriff of Tuscaloosa county, in the same manner as provided for in said act.