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AN ACT

To establish a certain 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 hereafter all that tract of country, bounded as follows, to wit: beginning on the Florida line between ranges numbered eighteen and nineteen east of the basis meridian of St. Stephens; thence north to the south boundary line of Pike county; thence east along said line to the line dividing ranges numbered twenty-five a and twenty-six; thence south to the Florida line; thence west along said line to the beginning, shall form a county to be called and known by the name of Dale.

Sec. 2. Be it further enacted, That Samuel W. Pearman, Duncan Douglass, Isaac Ledbetter, and John D. Cruse, be, and they are hereby appointed commissioners of, roads and revenue for the aforesaid county of Dale, until the general election in the year eighteen hundred and twentysix, and until their successors in office 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 commissioners aforesaid, with the, judge of the county court, shall appoint managers to superintend an election, to be held at the place appointed for holding courts in said county, by said judge and commissioners, and at the several election precincts herein after named, on the third Monday in October next, or on any subsequent day, said judge and commissioners may appoint, for the purpose of electing a sheriff, clerks of the county and circuit courts, and such other officers as may be required by this act.

Sec. 4. And be it further enacted, That the several election precincts heretofore established in Henry and Covington counties which may fall within the county of Dale, shall be the election precincts for said county.

Sec. 5. And 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 roads and revenue to cause elections to he held throughout the county for the election of

 


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justices of the peace and constables, as well as al military officers at such times and places as they may appoint after the third Monday in October next, and the certificates of a majority of them or any one, if but one should attend to this matter, shall be sufficient evidence to authorise commissions to issue.

Sec. 6.  And be it further enacted, That the militia of said county shall form one battallion, and be attached to the eighth brigade of the militia of this state; and that it shall be lawful for the several manages of 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 Henry of Covington, and that the commissioners of roads and revenue, may in like manner be qualified by any authorised officer in either of said counties.

Sec. 7.  And be it further enacted, That the clerks of the circuit, and county courts of either of the counties form 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 Dale, to the clerk of either the circuit or county court, to which the same may property 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 Dale, all of which shall be proceeded upon in the same manner as if originally made returnable to such court.

Sec. 8.  And be it further enacted, That until the establishment of circuit and county courts in said county, all appeals founded on judgments of justices of the peace and all writs of certiorari and supercedeas, 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. 9.  And be it further enacted, That the aforesaid county of Dale, when organized, shall exercise and enjoy all the rights, privileges and emoluments appertaining to other counties in this state.

Sec. 10.  And be it further enacted, That the judge of the county court, together with the commissioners of roads and revenue, are hereby appointed agents to select a quarter section of land within and for said county of Dale, pursuant to an act of Congress, passed May the twenty-sixth, eighteen hundred and twenty-four, granting to the counties and parishes of each state and territory in the United States, where the public lands are situated, pre-emption rights to-

 


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one quarter section of land in trust for the said counties and parishes respectively, for the establishment of seats of justice therein.

Sec. 11. And be it further enacted, That it shall be made the duty of the said agents or any three of them as soon as may be, to select and obtain titles to the smarter section of land in county, to the act of Congress, aforesaid,

Sec. 12. And be it further enacted, That the said agents shall so soon as they obtain legal titles to the said quarter section of land, proceed to offer the same or any part thereof for same, in such manner as they may think adviseable and best calculated to promote the true interest of the said county; and shall be, and they are hereby authorised and empowered to make a title to the same.

Sec. 13.  And be if further enacted, That the said agents or any one of them, are hereby authorised to procure by loan or otherwise the amount of money necessary to pay for and obtain titles to said quarter section of land and that they are hereby authorised to retain so much of the money arising from the sale of said land as may be sufficient to discharge the principal and interest of the money advanced for said quarter section aforesaid.

Sec. 14. And be it further enacted, That it shall be the duty of the said agents to pay into the county treasury of the said county, all monies arising from thesale of the said land, after retaining the purchase money aforesaid to be applied exclusively to the use of erecting the public buildings in the said county, of Dale.

Sec. 15. And be it further enacted, That the said agents shall be entitled to receive as compensation for their trouble in selecting and selling the said quarter section of land five per centum upon the whole amount of sales, provided that the said agents shall before they enter upon discharge of the duties herein assigned them; take and subscribe the following oath, viz. I _________ do solemnly swear or affirm, as the case may be, that I will well and faithfully discharge all the duties assigned to me by this act to the best of my abilities, so help me God; which oath shall be filed in the office of the clerk of the county court of the county of Henry.

Sec. 16. And be it further enacted, That Robert Irvin, Bartlett Smith, Robert Richards, Benjamin Harvey, and Elijah Bryan, be, and they are hereby appointed agents for the county of Henry, together with the judge of the county court of said county for the same purposes with the same powers, restrictions and limitations as are provided for its the preceding sections of this act appointing agents for the county of Dale.

Sec. 17.  And be it further enacted, That the commissioners appointed at the last session of the General Assembly to select a site for the seat of justice for the county of Pike, be and they are hereby authorised to select the quar-


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ter section for the county of Pike, in conformity with the act of Congress, passed May the twenty-sixty, eighteen hundred and twenty-four, subject to the same powers, restrictions and limitations as are provided for in the preceding sections of the act, appointing agents for the county of Dale, and that Charles A. Dennis, be, and here is hereby appointed an agent for the above purpose, in lieu of Andrew C. Townsend, resigned.

Sec. 18.  And be it further enacted, That the provisions of this act relative to the selective of quarter sections of land and disposing of the same, shall take effect and be in force, from and after the passage thereof, and that all other provisions of this act, shall take effect and be it force from and after the third Monday in October next.

[Approved, December 22, 1824.]

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AN ACT

To provide for the opening and keeping in repair a certain road therein described.

Section 1. Be it enacted by Senate and House of Representatives of the State of Alabama in General Assembly convened, That the county court and commissioners of roads and revto appoint commissioners to view and mark out a public road, from Crabb's ferry, on the Tennessee river, to the line dividing the counties of Limestone and Madison counties; and thence north to the Big Prairie, as near the line as can be done, having due regard to the public convenience, and the rights of private individuals; and the  said county court and commissioners shall have power to determine on the propriety of opening said road in conformity to the return of the reviewers; and if said road shall be established by said court, then, and in that case, the county court of Madison county shall have jurisdiction, and apportion hands from Madison county to work on said road, from the Big Prairie Crabb's ferry.

Sec. 2. And be it further enacted, That the county court and Commissioners of Limestone county shall appoint overseers, and apportion hands from the county of Limestone to work on, and keep in repair, that part of the public road leading from the Big Prairie, to Whitaker's corner.

[Approved, December 23, 1824.]

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AN ACT

Making an appropriation for Thomas B. Childress.

Section 1. Be it enacted by the Senate and House of Representatives of the state of Alabama in General Assembly convened, That the sums of sixty dollars, be, and the same is hereby appropriated as compensation to Thomas B. Childress, for acting as surveyor and assisting the commissioners in laying out the state road leading from Tuscaloosa to Claiborne, and that the same be paid out off any money in the treasury not otherwise appropriated.

[Approved, December 25, 1824.]

 


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AN ACT

For changing the compensation of the judge of the county court of Mobile county, and for other purposes therein mentioned.

Section 1.  Be it enacted by the Senate and House of Representatives of the state of Alabama in General Assembly convened, That instead of the compensation now allowed by law to the judge of the county court of Mobile county, he shall receive an annual salary of one thousand dollars, to be paid quarter yearly, to wit: on the first days of January, April, July, and October, in each and every year, out of the county treasury; which shall be in lieu of all fees and emoluments of whatsoever kind or nature, heretofore allowed by low to said judge.

Sec. 2. And be it further enacted, That it shall be the duty of the clerk of the county court of said county, to collect, and to keep an accurate and particular account of all fees heretofore provided by law as compensation to the judge of, the county court aforesaid, and to render an official statement thereof duly certified by said judge, to the county treasurer quarter yearly, to wit: on the first days of January, April, July, & October of each and every year, and thereupon immediately to pay into the county treasury the amount of fees so by him received.

Sec. 3. And be it further enacted, That whenever it shall so happen that any person accused or brought to trial before the county court of said county, exercising criminal jurisdiction, shall be unable to pay the clerks fees, the same shall be paid to the said clerk on the certificate of the judge of said court, out of the county treasury.

Sec. 4. And be it further enacted, That the act entitled an act, allowing a certain salary to the judge of the county court of Mobile, be, and the same is hereby repealed.

(Approved, December 22, 1824.)

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AN ACT

To amend an act authorising Edwin Lewis to open and construct a road in Mobile county, and for other purposes; passed Dec. the 18th, 1821.

Section 1. Be it enacted by the Senate and House of Representatives of the state of Alabama in General Assembly convened,  That Edwin Lewis be, and he is hereby, authorized so to alter, straighten and amend the said road, to build bridges and make causeways, wherever it may be necessary and deemed of public benefit.

Sec. 2. Be it further enacted, That said road, when so altered and amended, and received in the same manner that the before recited act is directed to be received, that, then it shall be deemed a public highway, and shall be governed by all the rules and regulations required in the before recited, act.

Sec. 3. Be it further enacted, That all laws and parts of laws, repugnant to the provisions of this act, be, and the same are hereby, repealed.

(Approved, December 24, 1824.)


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AN ACT

Pointing out the manner by which the streets in the town of Greensborough, shall be opened and kept in good order.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That it shall be the duty of the judge of the county court of Greene county, and the commissioners of revenue and roads, when sitting for that purpose, to cause all the hands residing within the corporate limits of the town of Greensborough in said county, liable by law to work on public roads, to be apportioned to work on the several streets and alleys in said town, as they may from time to time think necessary to have opened and improved, and appoint one or more overseers to superintend the same; and the hands apportioned to work thereon, shall be required to labour therein under the same rules and regulations, which now are or hereafter may be prescribed by law.

Sec. 2.  And be it further enacted, That if at any time, it shall be considered by the said county court, that the quantum of labor required on said streets and alleys should not be in proportion to what may be performed by the hands, working in adjoining precincts, then and in that case, said court shall prescribe what further services, shall be by the hands residing in said town, performed: provided however, that the hands thus apportioned, shall in no wise be required to work a greater number of days in any one year, than other hands are by law required to work.

Sec. 3.  And be it further enacted, That no hands residing out of the limits of said town of Greensborough, shall be required to work on the streets and alleys of said town.

Sec. 4.  And be it further enacted, That all the provisions of this act, be, and the same are hereby extended to the town of Erie.

(Approved, December 23, 1824.)

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AN ACT

Concerning the Revenue of Mobile County.

Section 1.  Be it enacted by the Senate and House of Representatives of the state of Alabama in General Assembly convened, That hereafter it shall be the duty of the judge of the county court, and the commissioners of revenue and roads of Mobile county, to levy an extra tax for county purposes, as follows; on all sales at auction of real estate, slaves, horses, mules and other objects, heretofore exempted by law from taxation, excepting only sales for or on account of executors, administrators, or insolvent estates, two per centum on the amount of such sales; on all theatrical or equestrian representations, or exhibitions, one hundred dollars for each and every license; on all other representations, exhibitions, shows, or sports for public amusement, not less than ten, nor more than fifty dollars, for each and every license; to be levied, collected and paid over as other taxes.

(Approved, December 25, 1824.)

 


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AN ACT

To establish the Town of Whitesburg, and to Incorporate its Trustees.

Section 1. Be it enacted by the Senate and House of Representatives of the state of Alabama in General Assembly convened, That the town of Whitesburg, in Madison county, be, and the same is hereby established and incorporated, within the following boundaries, to wit: beginning at, the junction of Alldridge's creek with the Tennessee river, and running thence up the said river tree hundred yards; thence directly north nine hundred yards; thence a direct west line, nine hundred yards; thence a direct south line, to the river; and thence up the river, to the place of beginning.

Sec. 2. And be it further enacted, That all free white male inhabitants of said town above the age of 21 years, are hereby authorised to vote for five persons residing in the town limits, as trustees of the corporation, who are empowered to superintend the police of said town, by passing such bylaws, not contrary to the laws of the United States, or of this state, as they may think proper, for the government of said town; as for the suppression and removal of nuisances, laying off and repairing the streets, and ways, and cleaning out such parts, of the abovementioned water courses, as may be within the above mentioned.

Sec. 3. And be it further enacted, That said trustees, or a majority of then; are hereby authorised to assess such taxes on all property lying within the limits of said town, as they may think proper for all the purposes of a proper police: Provided,  the same does not exceed the amount of state tax.

Sec. 4.  And be it further enacted, That when vacancies shall happen in the board of trustees, by death, resignation, or otherwise, such vacancies shall he filled by the board and the member or members so chosen, shall continue in office until the next annual election for trustees.

Sec. 5. And be further enacted, That the trustees or a majority of them, shall at all times have sufficient power and authority to appoint a sufficient number of police officers, and the same to remove at pleasure, whose duty it shall be to see that all the bylaws of the corporation are observed and carried into effect, and perform all such duty as may be prescribed by the corporation of said town.

Sec. 6. And be it further enacted, That the election for trustees, shall be held on the second Monday of January next, at White's tavern in said town, under the superintendance of James A. Wall, John Ballew, John Turner, and John Hardie, and for ever thereafter, on the second Monday, of January in each succeeding year, under the direction of three freeholders or house holders to be appointed by the board, and at such place in said town as play be designated by the board.

Sec. 7. And be it further enacted, That the corporate limits of said town of  Whitesburg, be extended from the

 


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bank of the river opposite the mouth of Alldridge's creek one hundred yards, and thence up one hundred yards from the river, so as to intersect the north line before mentioned running from the river.

[Approved, December 23, 1824.1

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AN ACT

Supplementary to, and amendatory of, the laws now in force regulating the appointment of Auctioneers and sales at auction.

Section 1. Be it enacted by the Senate and House of Representatives of the state of Alabama in General Assembly convened, That the number of auctioneers hereafter to be appointed and licensed for the city of Mobile, shall not exceed six, and for each of the other counties in this state, the number shall not exceed three, except Madison county, in which the number may be six, who shall be appointed and licensed in the same manner, shall hold their appointments for the same period, and be subject to the same restrictions and obligations as are provided by the act concerning the appointment of public officers, passed December twentieth, 1820, and the act regulating sales at auction, passed November twenty-first, 1818.

Sec. 2. And be it further enacted, That each and every auctioneer hereafter to be appointed and licensed for said city, shall give bond with good and sufficient sureties, in the penal sum of ten thousand dollars, and for each of the other counties in this state, in the penal sum of two thousand dollars, to be approved of by the judge of the county court of the county in which the license or licenses shall be granted, made payable to the Governor for the time being, and his successors in office, to be filed in the office of the comptroller of public accounts, conditioned, that he will render quarter yearly, in the city of Mobile, that is to say, on the first Monday of January, April, July and October, of each and every year, during the term of his appointment, and in the other counties in this state, at the times required by the law relating the sales at auction, passed in eighteen hundred and eighteen, to the assessor and collector of the county in which he may be appointed, and accurate and particular account, in writing and on oath, of all sales of goods, wares and merchandize, subject to auction duties, made by him during the three months immediately preceding the date thereof; and that he will thereupon immediately pay over to the said assessor and collector of taxes the amount of duties accruing upon such sales.

Sec. 3.  And be it further enacted, That if any such auctioneer shall fail to make the returns or the payments hereby required to be make, in the manner and at the periods respectively therein prescribed, he shall in addition to the penalty contained in his official bond, forfeit for each and every such failure, the sum of five hundred dollars to be levied and colleted in the manner herein after provided for.

 


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Sec. 4. And be it further enacted, That the duties in arrear on sales at auction, and all forfeitures accruing under this act, may be collected in the manner provided by law for the collection of the state and county taxes, any law to the contrary notwithstanding; and the assessor and collector of taxes, for the county in which he may be appointed, shall receive the same rates of compensation on all collections of auction duties as he is entitled to receive on the collection of the state and county taxes.

[Approved, December 24, 1824.]

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AN ACT

To alter and amend an act authorising the Judge of the county Court of Mobile county to appoint a public Weigher in the city of Mobile.

Section 1. Be it enacted by the Senate and House Representatives of the state of Alabama in General Assembly convened, That from and after the passage of this act, the judge of the county court of Mobile county shall, in no case, allow to the public weighers of the city of Mobile a greater sum than six and a quarter cents for each hale of cotton weighed by him.

Sec. 2. Be it further enacted, That in case any public weigher, appointed for the city of Mobile, shall take or exact a greater sum than shall be allowed by the judge of the county, court of Mobile county, by the provisions of this act, it is hereby made the imperative duty of said judge, on due proof, to dismiss him from office and appoint another suitable person to fill his vacancy.

Sec. 3. Be it further enacted, That all laws contravening the provisions of this act are hereby repealed.

(Approved, December 22, 1824.)

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AN ACT

To alter and establish the boundary lines between certain counties therein named.

Section 1.  Be it enacted by the Senate and House of Representatives of the state of Alabama in General Assembly convened, That the boundary line between the counties of Walker and Tuscaloosa county, be so altered as to annex fractional townships numbered seventeen, of ranges six and seven, west of the basis meridian of Huntsville, and west of the Black Warrior river, to the said county of Walker, by beginning at the north vest corner of township numbered seventeen, of range seven; thence south to the south west corner of said township; thence east to the Black Warrior river; thence up said river to the north boundary of said township, where it intersects the original county line; which line so altered shall be hereafter the boundary line between said counties of Walker and Tuscaloosa.

Sec. 2. And be it further enacted, That the boundary line between the counties of Montgomery and Pike be so altered and amended, as to annex a part of the county of Pike to that of Montgomery, by the following line dividing said counties, by beginning at the south west corner of township

 


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numbered fourteen, of range twenty-one, east of the basis meridian of St. Stephens; thence east to the Creek boundary line; thence with said line north westwardly to the original county line, which shall hereafter be a part of the dividing line between said counties, and be annexed to the county of Montgomery.

(Approved, December 22, 1824.)

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AN ACT

For the relief of Curtis Sibley and James L. Seabury, securities of Henry Wheat.

Whereas a judgment has been obtained in the circuit court of Dallas county, at the suit of the state against Henry Wheat, as tax collector of Mobile county, for the year one thousand eight hundred and twenty, and Cyrus Sibley and James L. Seabury, as his securities; and whereas it has been, represented to the General Assembly that the said Cyrus Sibley and James L. Seabury are in danger of having their property sold at a great sacrifice and loss, if the said judgment he pressed; and as it is the true policy of all good governments to protect the rights and relieve the distresses of its citizens when the same can be done without prejudice to the community; for remedy whereof

Section  l. Be it enacted by the Senate and House of Representatives of the state Alabama in General Assembly convened, That the comptroller of public accounts, be, and he is hereby, authorised and required forthwith to suspend the sale of any property which has been or may be hereafter levied upon by any sheriff, to satisfy an execution in favor of this state, against Henry Wheat, as tax collector, of Mobile county, and Cyrus Sibley and James L. Seabury, as his securities.

Sec. 2. And be it further enacted, That when Cyrus Sibley shall enter into bond with two or more good and sufficient securities, to be approved by the judge of the county court, the sheriff of Baldwin county and the solicitor of the first judicial district, or any two of them made payable to the comptroller of public accounts, for the use of the state of Alabama, to be deposited in the office of said comptroller, conditioned for the payment of one half of the amount of the aforesaid Judgment, together with the interest and costs which have accrued or may accrue thereon, in three equal annual instalments, to be computed from the date hereof, then the said Cyrus Sibley shall be relieved from the said judgment.

Sec. 3. And be it further enacted, That as soon as James L. Seabury shall enter into bond with two or more good and sufficient securities,  to be approved by the judge of the county court, the sheriff of Baldwin county and the solicitor of the first judicial district, or any two of them, made payable to the comptroller of public accounts for the use of the state if Alabama, to be deposited in the office of said comptroller, conditioned for the payment of one half of the a-


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mount of the aforesaid judgement together with the interest and costs which have accrued, or may accrue thereon, in three equal annual instalments, to be computed from the date hereof, then the said James L. Seabury shall be relieved from the said judgment.

Sec. 4.  And be it further enacted, That this act shall not be so construed, as to release either the said Cyrus Sibley of James L. Seabury until both shall have entered into bond, as contemplated in the second and third sections o this act, and that the bonds authorised by this act, to be given, be and they are hereby required to be given by the first day of March, one thousand eight hundred and twenty-five.

Sec. 5.  And be it further enacted, That on failure of the parties to pay to bonds or notes, by this act required to be taken, or any of them, at the time the same may become due, it shall and may be lawful for the comptroller of public accounts to proceed to collect the same, in the manner which is now or may hereafter be pointed out, for enforcing collections against defaulting tax collectors.

[Approved, December 24, 1824.]