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AN ACT

To incorporate a Volunteer Corps of Infantry in the City of Mobile, to be styled, The Mobile Republican Greens.

Section 1.  Be it enacted by the Senate and House of Representatives of the state of Alabama in General Assembly convened, That captain Jeremiah Austill, first lieutenant Peter E. Brown, second lieutenant George P. Jones, and ensign Bernard McManis, and their successors in office, and the non-commissioned officers and privates composing the volunteer infantry corps in the city of Mobile, styled the Mobile Republican Greens, be, and the same are hereby declared to be a body politic and corporate, with perpetual succession, by the name and style of the Mobile Republican Greens, and by that name shall be able and capable to sue and be sued, implead and be impleaded, defend and be defended, in all suits and actions, both in law and equity, and to act, received, and do, all acts of natural persons; to have and use a common seal, which may be broken or altered at pleasure; and to make, prescribe and put in force, such by-laws of this state, or the constitution and laws of the United States, for the government and regulation of said corps, as to them may seem expedient, and the same to revoke or alter.

Sec. 2.  And be it further enacted, That his Excellency, the Governor, be, and he is hereby authorised and required to issue to the aforesaid captain Jeremiah Austill, an adequate supply of arms and accoutrements from the state arsenal for the use of said corps; upon his the same Jeremiah Austill entering into bond with security, in such sum as the Governor may deem proper, and to be approved of by him, made payable to the Governor for the time being and his

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successors in office, conditioned, for the safe keeping and return of such arms and accoutrements.

Sec. 3.  And be it further enacted, That his excellency the Governor, be, and he is hereby authorised and required to issue commissions to the said captain Jeremiah Austill, first lieutenant Peter E. Brown, second lieutenant George P. Jones, and ensign Bernard McManis on receiving satisfactory evidence that they have been fairly and legally elected officers of said corps.

Sec. 4.  And be it further enacted, That Capt. John C. Dunn, first lieutenant Francis Bostie, second lieutenant John Williams, and ensign Lossen Bullock, and their successors if office, and the non-commissioned officers and privates composing the Greensborough volunteer artillery company, be, and they are hereby declared to be a body politic, to be known by the name and style of the Greensborough volunteer artillery company, and with all the rights and privileges, in this act granted to the Mobile Republican Greens.

Sec. 5.  And be it further enacted, That his excellency the Governor, be, and he is hereby required to issue commissions to the officers of said company, on receiving satisfactory evidence, that they have been fairly elected, officers of said company:  provided,  that said company shall at no time exceed one hundred privates.

(Approved, December 15, 1824.)

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AN ACT

To establish a State Road leading from the city of Mobile, to the Mississippi State line.

Whereas the establishment of a public road between the cities of Mobile and New Orleans, to run along the coast of the Gulf of Mexico by the most direct practicable route, so as to pass through the principal towns and settlements on the intermediate sea board, would be an object of great public utility, inasmuch as it would greatly facilitate the transportation of the mail, and promote the commercial intercourse between these two cities.

Section 1.  Be it enacted by the Senate and House of Representatives of the state of Alabama in General Assembly convened, That Nicholas Pope, Joseph Krebs, Joshua Clement, Samuel Childress, and John B. Bosage, be, and they are hereby appointed commissioners, to view, mark out, and establish a public road leading from the city of Mobile, by the most direct, practicable route to the southernmost mound, on the line dividing the states of Alabama and Mississippi, so as to intersect a road leading from thence to the city of New-Orleans.

Sec. 2.  And be it further enacted, That when the said road shall be marked out and established, it shall be the duty of the above named commissioners of a majority of them, to report their proceedings to the judge of the county court and commissioners of roads and revenue for Mobile coun-


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ty, and that the road aforesaid, shall thereafter be, and remain a public highway.

Sec. 3. And be it further enacted, That his excellency the Governor, be, and the is. hereby authorised and required to transmit a copy of this act to the executive of the state of Mississippi, inviting the cooperation of that state in extending, the aforesaid road along the seaboard of said state to the town of Pearlington, so as to intersect the Louisiana road leading from the city of New-Orleans by way of Chef Menteur, and the Fortifications at the Rigolets: Provided, That said commissioners shall he compensated out of the county treasury of Mobile county.

Sec. 4. And be it further enacted, That the aforesaid commissioners, shall take and subscribe an oath, before some justice of the peace, to lay off said road the nearest and best route, without favor or affection, with the least possible injury to individuals through whose land the same may pass.

[Approved, December 15, 1824.]

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AN ACT

To incorporate the Montgomery Light Infantry Company.

Section 1. Be it enacted by the Senate and House of Representatives of the state of Alabama in Genera Assembly convened, That, captain J. Goldthwaite, lieutenant Geo. Whitman and ensign Edward W. Thompson, and their successors in office, and the noncommissioned officers and privates composing the volunteer infantry corps styled, The Montgomery Light Infantry, be, and the same are hereby declared to be a body politic and corporate, under the same rules and regulations, powers and restrictions, prescribed in an "Act to incorporate a volunteer corps of infantry in the city of Mobile, to be styled, The Mobile Republican Greens, passed at the present session of the General Assembly of this state.

(Approved, December 24, 1824.)

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AN ACT

Exempting the inhabitants of the town of Claiborne, in Monroe county, from working on roads beyond the limits of said town.

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 Claiborne, be, and they are hereby exempted. from working on any road beyond the corporate limits of said town; but shall be liable to work on, and keep in repair, the streets and alleys in said town, under the same regulations and for the same space of time, as the laws now, in force require hands to work on public roads in this state.

Sec. 2. And be it further enacted, That all persons residing beyond the limits of said town, be, and they are hereby exempted from working on any road, street, or alley within the same.

[Approved, December 24, 1824.]


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AN ACT

To Incorporate the Spring Creek Navigation Company.

Section 1.  Be it enacted by the Senate and House of Representatives of the state of Alabama in General Assembly convened, That Anthony Winston, Thomas Limrick, Phillip G. Godley, James Elliott, and Alexander A. Campbell, be, and they are hereby appointed commissioners with power to open books in the town of Tuscumbia, and at such other places, as they may think proper to receive subscriptions of stock in the Spring Creek Navigation Company, in shares of twenty-five dollars each.

Sec. 2.  And be it further enacted, That said subscribers shall be, and they are hereby created a body corporate and politic, by the name and style of the spring Creek Navigation Company, with power to sue and be sued, plead and be impleaded, in any court of record in this state, to have a common seal, and the same to break, alter and renew at pleasure, and also ordain, establish, and put in execution such by-laws, ordinances and regulations, as they shall deem necessary and convenient, for the government of said corporation, not being contrary to the constitution or the laws of the United States of this state, and generally to do and execute all and singular the acts, matters and things which to them, may appear necessary, or which to them it shall or may appertain to, as incident to corporate bodies, subject nevertheless, to the rules, regulations and restrictions hereinafter presented, described; and to purchase, hold and dispose of, for the benefit of said corporation, real, personal and mixed estate not exceeding double the amount of stock subscribed.

Sec. 3.  And be it further enacted, That for the management of the affairs of said corporate, there shall be elected five directors annually, in the town of Tuscumbia, on the first Monday in June, in each year, by the stockholders, and the directors thus elected shall serve for one year, and the board of directory annually at the first meeting after their election, shall proceed to elect one of the directors to be president of the corporation, who shall hold the said office during the same period for which the directors are elected as aforesaid: Provided always, that the first election of the directors and president of the said corporation, shall be at the time and for the period hereafter declared; and provided also, that in case it shall at any time happen that an election of directors, or an election of president of said company, should not be made as to take effect on any day when in pursuance of this act they ought to take effect, the said corporate shall not for that cause, be deemed to be dissolved; but it shall be lawful at any time to hold such election, and the manner of holding the election shall be regulated by the laws and ordinances or said corporation, and until such election be held, the president and directors of the company shall continue in office; And provided also,


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that in case of the death, resignation or removal of the president of said corporation, the directors shall proceed to elect another president from the directors as aforesaid, and in case of death resignation, removal from office, or absence of a director, the vacancy may be supplied by a majority of the board.

Sec. 4.  And be it further enacted, That a soon as the sum of five thousand dollars, shall be subscribed, public notice thereof shall be given by the commissioners, and the said commissioners, shall at the same time and in like manner, notify a time and place in the town of Tuscumbia, at the distance of fifteen days from the time of such notification, for proceeded to the election of five directors as aforesaid, and the election then and there shall be lawful, and the persons who shall be elected as aforesaid, shall be the first directors of said company and shall proceed to elect one of the directors to be president, and the president and directors so elected, shall be capable of serving in their respective officer, by virtue thereof, until the end and expiration of the first day of June next ensuing said election, and they shall then and thenceforth commence and continue the operation of said company.

Sec. 5.  And be it further enacted, That the director for the time being, shall have power to employ such officers and servants under them, as shall necessary for the executing the business of said corporation, and allow them such compensation as may be prescribed and determined by the law, regulations and ordinances of the same-- none but a stockholder a resident citizen of this state, shall be director--not less than three directors shall constitute a board to do business.

Sec. 6. And be it further enacted, That it shall be lawful for the directors to call a general meeting of the stockholders at any time them may deem necessary and expedient, and a number of stockholder, not less than five, who together shall be proprietors of twenty-five shares of upwards, shall have the power at any time to call a general meeting of the stockholders for purposes relative to the institution, giving at least two weeks public notice, and specifying in such notice the object of such meetings; the officers of the corporation, shall previously to entering on the duties of their respective offices, give bond with such security and, in such form as the directors shall require, conditioned for the faithful discharge of their duties respectively.

Sec. 7.  And be it further enacted, That said corporation shall have power and authority to open and improve the navigation of Spring Creek in Franklin county, from the spring in the town of Tuscumbia, to the mouth of said Spring Creek by removing the obstructions therein, opening canal or canals, or in such other mode or way as they may deem expedient.

Sec. 8.  And be it further enacted, That whenever said


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creek shall be rendered navigable for boats drawing twelve inches of water and so long as said creek, shall be kept thus navigable, sit shall, be lawful for said. corporation to demand and, receive toll on all boats navigating the same, between said town of Tuscumbia and the mouth of said Spring Creek at the following rates; not exceeding one dollar for every ton freight which said boat carries, and as much less as said corporation may deem necessary.

Sec. 9. And be it further enacted, That Spring Creek in the county of Franklin and emptying into the Tennessee river, lie, and the same is hereby declared a navigable stream from the mouth thereof, up to the spring in the town of Tuscumbia; and if any person shall obstruct said navigation by felling trees in said creek or otherwise, he, she or they so offending, shall forfeit and have to the " Spring Creek Navigation Company" the sum of twenty dollars, to be recovered before any justice of the peace.

(Approved, December 24, 1824.)

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AN ACT

To establish a Road from the town of Montevallo to the to town of Greensborough, 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 Benjamin Davis, James Mahan, Michael Purtle, Samuel Dubb, John W. Greggs, and Henry Purdem, or a majority of then, be, and they are hereby appointed commnissioners, to view and mark out a way for a road, to commence at the town of Montevallo in Shelby county, and to run from thence the nearest, and best route, to the falls of Cahawba, and from thence the nearest, and best route, to the town of Greensborough in this state.

Sec. 2.  And be it further enacted, That before the said commissioners, enter upon the duties herein assigned them, they shall take and subscribe the following oath, to wit: I, _________ will truly and faithfully to the best of my judgment, and knowledge, view, mark out, and report the best and most direct way for a road to lead from ______ to ______ in conformity to the act, under which I am to act, so help me God.

Sec. 3. Be it further enacted, That it shall be the duty of the said commissioners, after completing the said view, to make out a report of the same, which report they shall transmit to the judge of the county court of the respective counties through which the said road will pass, and it shall be the duty of the said judges, to appoint a, sufficient number of overseers, whose duty it shall be respectively to open and mark out the said read as now provided for by the existing laws now in force upon that subject, and all hands now liable to work on roads, are hereby liable to work, on the road, hereby established.

Sec. 4. And be it further enacted, That the commissioners shall receive as compensation, for their services, on ma-


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king such view and report, the sum of one dollar and fifty cents per day, to be paid out of the county treasury of the respective counties.

Sec. 5.  And be it further enacted, That if any of the commissioners appointed by the first section of an act entitled, "An act to establish a certain road therein named; and for other purposes, approved Dec. 30th, 1823," shall fail or refuse to act in pursuance of said recited act, by or before the first Monday in May next, then and in that case it shall be awful for the courts of commissioners of revenue and roads where such defaulting commissioners may reside to fill such vacancy.

(Approved, December, 24, 1824.)

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AN ACT

To amend an act, entitled, "An act to incorporate the Trustees of the Claiborne Academy."

Section 1.  Be it enacted by the Senate and House of Representatives of the state of Alabama in General Assembly convened, That the trustees of the Claiborne academy, and their successors in office, be, and they are hereby empowered to purchase a site and locate the seminary contemplated to be established by the act to which this is an amendment, wherever they may deem it most expedient, any thing in the act of incorporate to the contrary notwithstanding.

[Approved, December 25, 1824.]

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AN ACT

Concerning the apportionment of hands liable to work on public roads  in the county of Baldwin.

Section 1.  Be it enacted by the Senate and House of Representatives o the state of Alabama in General Assembly convened, That hereafter it shall be the duty of the judge of the county court and commissioners of roads and revenue, in the county of Baldwin to apportion the hands liable by law to work on public roads in said county, among such overseers as they shall direct; law to the contrary notwithstanding.

[Approved, December 25, 1824.]

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AN ACT

Supplementary to an act, passed at Cahawba, on the 20th day of December, 1823, entitled, "An act to appoint commissioners to improve the navigation of the Tennessee river."

Section 1.  Be it enacted by the Senate and House of Representatives of the state of Alabama in General Assembly convened, That the commissioners appointed by the first section of the act to which this is supplemental, shall be allowed ten months from and after the passage of this act, to execute the authority confided to them by the said first section of that act.

Sec. 2.  And be it further enacted by the authority aforesaid, That the said commissioners or a majority of them, shall be, and they are hereby authorised, for the purpose of executing the authority with which they are vested, to issue their certificate or certificates for any sum not exceeding


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twelve hundred and fifty dollars, in lieu of the sum of seven hundred and fifty, heretofore granted, redeemable six months after date at the bank of the state of Alabama, with the notes of the said bank, or the notes or bills of other specie paying banks, equal in amount to the sum for which such certificate or certificates were issued, to be paid to the holder or holders of such certificate or certificates by the president and directors of said bank: Provided, That the said commissioners shall give notice as soon as practicable to the president and directors of the bank of the state of Alabama, of the issue and date of such certificate or certificates, and to whom issued.

[Approved, December 24, 1824.]

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AN ACT

Amendatory to an act, entitled, "An act to establish a Public Road from the southern boundary line of township eight, in range four or five west of the basis meridian of Huntsville, to th Falls of Tuscaloosa, passed December, 1820."

Section 1.  Be it enacted by the Senate and House of Representatives of the state of Alabama in General Assembly convened, That should the undertaker authorised to open said road by virtue of the above recited at, complete the same, strictly in conformity with the provisions of said act, on or before the first day of December, 1826, the said undertaker shall have all the benefits and profits arising from the tolls for the period of twelve years thereafter, subject to all the restrictions and provisions of the above recited act.

Sec. 2.  And be it further enacted, That John Bishop, John Kelly, Jonathan Anderson, Martin Prewett, Joseph Mott, and William Murrell, or a majority of them, be, and they are hereby appointed commissioners, in lieu of Alexander McLeod, John Barron, William Taylor, John Hart, and William Silman, to view and mark out a way for a road, to run the nearest and best way the country will admit of from Coffeeville, until it intersects the road from the town of Cahawba to the county line of west of Cahawba.

(Approved, December 24, 1824.)

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AN ACT

Concerning Roads, Highways, Bridges, and Ferries in the County of Mobile.

Whereas, the county of Mobile from its peculiar local situation, requires a different system from the one now in force in respect to roads, highways, bridges, and ferries.

Section 1.  Be it enacted by the Senate and House of Representatives of the state of Alabama in General Assembly convened, That the judge of the county court, and the commissioners of revenue and roads of Mobile county, at the first or some subsequent term after the passage of this at, and annually on the first Monday of January thereafter, shall appoint one commissioner, in each captain's district in said county; and the said commissioners when assembly in the manner herein directed shall constitute a board, which shall have,

 


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and exercise the entire superintendance and control of roads, highways, bridges, and ferries therein.

Sec. 2.  Be it further enacted, That the board of commissioners so appointed, shall meet at the court house in said county, four times in each and every year; that is to say, on the first Monday in April, July, October, and January, of which ten days public notice shall be given; and when so assembled, the commissioners shall have power and authority, at any time, an at all times hereafter to establish ferries, and to determine the tolls of the same; to order the laying out of roads when necessary; to appoint where bridges shall be made to discontinue such roads as now are, or hereafter shall be made, as shall be found useless, and to alter roads so as to make them more a useful, as often as occasion shall require.

Sec. 3. Be it further enacted, That the judge of the county court shall by virtue of his office, be president of the board of commissioners; he shall preserve order at the meeting of the board; direct the proceedings to be recorded, have power to fine any person (not a member) for disorderly, improper or contemptuous behaviour in any sum not exceeding ten dollars, and with the concurrence of a majority of the board, fine a member in a like sum or expel him.

Sec. 4. And be it further enacted, That when the seat of any member shall be vacated, the residue of the said board of commissioners shall as early thereafter as convenient, elect another commissioner in the same district to supply such vacancy.

Sec. 5. And be it further enacted, That a majority of the whole number of commissioners, shall constitute a board to transact business; but no road established according to, law shall be altered or changed, nor shall any new road be opened without the concurrence of a majority of the whole number of commissioners.

Sec. 6. And be it further enacted, That if the judge of the county court shall fail to attend a meeting of the board of commissioners, the said board shall be, and are hereby authorised to elect a president pro tempore.

Sec. 7. And be it further enacted, That the board or commissioners, shall appoint a person of skill and probity as clerk of the said board, who shall hold his office during good behavior; and it shall be the duty of said clerk to attend the regular meetings of the board; to keep a fair record of the proceedings of the board; to issue all necessary citations and orders which he may be directed to issue, or which issue of course, and his office shall be under the direction of the board in term time, and of the presiding judge in vacation.

Sec. 8.  And be it further enacted, That the clerk of the board shall receive in full compensation for his services, four dollars per day, for each and every, days attendance


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on the board; and likewise any additional sum which the board may think proper to allow him, not exceeding fifty dollars in any one year.

Sec. 9. And be it further enacted, That any judge or Justice of the peace shall administer an oath to the commissioners and clerk, faithfully to perform the duties of their respective offices; and such judge or justice shall give a certificate of the same, which shall be filed with the clerk.

Sec. 10. And be it further enacted, That if the board of commissioners shall fail to meet according to the directions of this act, the judge of the county court is hereby authorised to convene the members thereof, by giving ten days public notice of the time of such meeting, and he shall also possess the same power whenever in his opinion a case of emergency may render a meeting necessary.

Sec.11. And be it further enacted, That it shall be the duty of each commissioner to levy before the board a statement of the condition of the roads, highways, bridges and ferries, within his district, and every thing thereunto appertaining, upon which the board may require information; also of the persons and property, which from their local situation, are liable to contribute towards opening and repairing the road and building and repairing, the bridges in his district; and any commissioner who shall fail to make such statement, or who shall make an improper, incorrect, or false statement of the situation of the roads and brides in his district, shall pay a fine of not less than twenty, and not exceeding fifty dollars, to be applied as hereinafter directed.

Sec. 12. And be it further enacted, That the board of commissioners, shall, have power to appoint overseers, for each commissioners district; they shall designate the boundaries of the district or part of roads over which the overseer shall have jurisdiction, and furnish him with a list of persons, who shall work on his district, and of the number of days work that each person shall contribute. Each commissioners shall examine the roads in his district, once in every three months, and if he finds any defects which he thinks practicable and expedient to remedy, or mend, he shall require the overseer to perform it; and if the overseer shall neglect such requisition, for the space of three months, it shall be the duty of the commissioner to report him to the board; and a majority of said board, after a fair and impartial hearing of said overseer, may in their discretion fine him in any sum not exceeding fifty dollars, to be applied as hereinafter directed.

Sec. 13.  And be it further enacted, That if any commissioners shall fail to attend a regular meeting of the board, or refuse to act, as a member thereof, after being notified of his appointment, he shall pay a fine of not less than twenty nor more than fifty dollars, to be applied as hereinafter directed: Provided always, that the said board shall have power to exonerate him from the payment of any fine, if they deem his excuse a sufficient one.


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Sec. 14.  And be it further enacted, That it shall be the duty of the clerk of the board of commissioners, on or before the first day of the terms of each circuit court to deliver to the clerk of said circuit court a certified transcript of the minutes of the said board of commissioners, so far as the same may relate to the returns made by each commissioner thereof, which said certified transcript, the said clerk of the circuit court shall deliver to the solicitor of the first judicial district, whose duty it shall be to lay the same before the grand jury of the county, with such explanation as the nature of the case may require, and the exhibition of such testimony as he may have it in his power to adduce against all overseers, commissioners and other persons who may have been remiss in the performance of their duty; and thereupon, the said grand jury shall true presentment make of all offenders against the provisions of this act; and it shall be the duty of said court to issue a capias forthwith, against the body or bodies of the offender or offenders, and on their appearance to try the issue without any indictment or information being fled, and if the person presented be found guilty or be in default to award a fine of not less than twenty nor more than one hundred dollars.

Sec. 15. And be it further enacted, That the board of commissioners, shall have power and authority to frame all necessary bylaws and regulations for the government of such board; provided the same be not repugnant to the constitution and laws of this state and of the United States.

Sec. 16.  And be it further enacted, That the Judge of the county court, the commissioners of revenue and roads, the board of commissioners of roads, highways, bridges and         ferries, the clerk of the board, ministers of the gospel, keepers of public mills and ferries, teachers and students in academies or schools, principal and assistant postmasters, and all seafaring persons actually engaged in the merchant service of the United States, shall be exempted from working on the public roads.

Sec. 17. And be it further enacted, That the board of commissioners shall have power to determine the length of the term, which the overseer shall serve: Provided however, the same shall not exceed two years; and both the commissioners and overseers small during the term of their appointments be exempt from militia duty and from serving on juries, but shall receive no pecuniary compensation for their services. And if any person who shall have been appointed commissioner or overseer, shall refuse to serve and perform the duties required of him by the provisions of this act, he shall be subject to a fine of fifty dollars, to be applied as hereinafter directed. All penalties under this act, may be recoverable in any court in the county having competent jurisdiction thereof, at the suit of the president in behalf of the board of commissioners.

Sec. 18. And be it further enacted, That the board of com-

 


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missioners shall have authority to decide, what shall be considered nuisances on roads and highways, and decree the penalties to be inflicted on those that are culpable in such cases; and when such decrees are published in one or more of the public newspapers, printed in the city of Mobile, they shall have all the force of laws.

Sec. 19.  And be it further enacted, That the amount of labor upon the roads, required of every share holder, shall be in the ratio of one days work each year, for every two dollars state and county tax, he or she may be assessed.  Persons not owning slaves, but possessing real estate, shall bestow labor on the roads in the ratio of one day's work each year for every three dollars state and county tax, he or she may be assessed.  Persons liable to militia duty, and free males of color who have no property, or whose state and county tax does not amount to six dollars, shall work three days in each year on the roads.  No negro or other labourer shall be received as a competent hand, unless he or she be capable of performing an able man's work.  Any person neglecting to work upon the roads when required so to do by the overseer of the district, in which he or she resides, shall for each day's work which he or she so neglects to bestow, pay a fine of one dollar.  But if any person of whom such work is required should be absent, and should not have appointed an agent to comply with such requisition of the overseers, he or she shall for each day's work he or she shall so neglect to bestow, pay a fine of two dollars; and it shall be the duty of the overseers to make out in writing a statement of the number of day's work which the law requires of such delinquent persons, and the amount of the fines respectively, which such persons have incurred, which he shall deliver to the president of the board of commissioners, who on examining and finding no error, or correcting any error therein, shall pass it to the collector of the sate and county tax: and it shall be the duty of said collector to collect the same in the manner that the law prescribes for collecting other taxes: he being allowed the same compensation therefore as he is entitled to by law upon other collections; and the said collector shall immediately pay over all fines so collected to the county treasurer, who shall keep a separate account of the same, and the monies arising therefrom and from the penalties which may be recovered under this act, are hereby set apart as a fund to be exclusively appropriated under the superintendance and order of the said board of commissioners for the purpose of aiding in the opening and repairing of roads, the building and repairing of bridges, and for such other purposes of internal improvement, connected with the roads,  highways, bridges, and ferries in said county, as the said board in their discretion may deem expedient or necessary.  And the said board shall have power to draw money from the said fund, on the certificate of the president of the board


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under the order thereof; and it shall be, the duty of the county treasurer to publish in one the newspaper, printed in the city of Mobile, the amount of such receipts, and of whom the same was collected in the, week immediately, preceding the first Monday of Jaguar, each and every year.

Sec. 20.  And be it further enacted, That it shall be the duty of the overseers to require every person in their respective districts, to furnish on each day, that he or she is required to work upon the road, a number of hands equal to one fifth of the amount labor required of such persons per year.

Sec. 21. And be it further enacted, That it shall be the duty of the sheriff, of Mobile county by himself or deputy to attend the meetings: of the board of commissioners, and execute all orders of said board, for which he, shall receive the sum of four dollars per day, for each and every day he shall so attend.

Sec. 22. And be it further enacted, That all acts and parts of acts contravening the provisions of this act, so far as they respect the county of Mobile, are hereby repealed.

(Approved, December 24, 1824.)