25

AN ACT

In relation to the organization of Dale county.

Section 1. Be it enacted by the Senate and House of Representatives of the state of Alabama in general assembly convened, that the county courts of Dale county shall be held on the fourth Monday after the fourth Monday in March & Sept.

Sec. 2. And be it further enacted, that any person or person residing in the said county of Dale, may sue or be sued in the circuit courts for the counties of Henry and Covington, in the following manner, to wit; any person residing in that part of Dale county taken from Henry county may sue or be sued, plead or be impleaded in the circuit court for the county of Henry; and any person or persons residing in that part of Dale county, taken from Covington county may sue or be sued, plead or be impleaded in the circuit court for the county of Covington.

Sec. 3. And be it further enacted, that the circuit court for the count of Henry shall have jurisdiction over all criminal offences in that part of Dale county taken from Henry county; and the circuit court for the county of Covington shall have jurisdiction over all criminal offences in that part of Dale county taken from Covington county.

Sec. 4. And be it further enacted, that nothing contained in this act, shall be so construed as to prohibit the county courts of Dale and Henry counties from permanently locating their respective court-houses in pursuance of the existing laws.

Sec. 5. And be it further enacted, that this act shall remain in force until the end of the session of the general assembly to be holden in the year one thousand eight hundred and twenty-eight.

[Approved Jan. 13. 1826.]

AN ACT

To extend the Time for appointing Overseers of Roads, and Approtioners of Hands in this State; 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 from and after the passage of this act, the judges of the county courts of this state, and commissioners of revenue and roads, shall have power to appoint overseers of roads and apportioners of hands at any time after the third Monday in August, if they should fail to do it on that day; and if any vacancy should happen of overseer or aportioner, the judge and commissioners aforesaid shall have power to fill such vacancy until the third Monday of the succeeding August.

Sec. 2. Be it further enacted, That the appointments of overseers of roads, and apportioners of hands, made by the judge of the count court of Dallas county, and commissioners of roads and revenue, since the third Monday of August last, be and the same are hereby, legalized.

(Approved January 12, 1826)


26

AN ACT

To authorize the county courts of Dale and henry counties to levy a tax on said counties, for certain purposes herein named.

Section 1. Be it enacted by the Senate and House of Representatives of the state of Alabama, in general assembly convened, That is shall be the duty of the judge of the county court, and commissioners of roads and revenue, for the county of Henry, to levy a tax of twenty per cent. on the amount of the state tax of said county, and the moneys arising from such tax shall be applied exclusively to the extinguishment of the debt now due to Robert Irwin and Pelatiah Whitehurst, for building the court-house and jail of said county.

SEC. 2. And be it further enacted, That it shall be the duty for the judge of the county court and commissioners of roads and revenue of the county aforesaid, to levy annually on the said county a tax of twenty per cent. until the debt due as aforesaid shall be discharged.

SEC. 3. And be it further enacted, That it shall be the duty of the judge of the county court and commissioners of roads and revenue for the county of Dale, to levy on that part of Dale county taken from Henry county, a tax of twenty per cent. for the satisfaction of the debt specified in the first section of this act.

SEC. 4. And be it further enacted, That the judge of the county court and commissioners of roads and revenue of Dale county, shall levy annually a tax of twenty per cent on that part of Dale county, mentioned in the preceding section, until the debt due as aforesaid shall be discharged.

SEC. 5. And be it further enacted, That nothing contained in this act, shall be so construed as to deprive the county courts of Dale and Henry counties, of the power of levying such a tax on their respective counties as they may deem necessary for ordinary county purposes.

(Approved, January 11, 1826.)

AN ACT

To repeal in part and amend an act entitled an act to increase the compensation of jurors, passed the 31st of December, 1823.

Be it enacted by the Senate and House of Representatives of the state of Alabama, in general assembly convened, That so much of the fourth section of said act, as makes it the duty of the proper officers to draw and summon forty-eight jurors to attend each circuit court to be holden for the counties of Pickens, Marion, Covington, Fayette and Walker, be and the same is hereby repealed; and in lieu thereof there shall be drawn and summoned to attend each circuit court, in said counties, and in the manner heretofore pointed out by law, thirty jurors for each of the counties of Pickens, Marion and Covington, and twenty-four for each of the counties of Fayette and Walker; any law contravening the provisions of this act notwithstanding. And this act shall be in force from the first day of February next.

(Approved, January 12, 1826.)


27

AN ACT

To provide for the appointment of an overseer in the towns of St. Stephens, Rodney, and Franklin.

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 county court for the county of Washington, at its first session after the passage of this act, or so soon thereafter as practicable, to appoint an overseer of roads for the towns of St. Stephens, Rodney, and Franklin, who shall be liable to all the penalties and duties, and have all the powers prescribed by law for overseers of roads.

SEC. 2. And be it further enacted, That all persons residing within the limits of the said towns, shall be liable to work upon the streets in the said towns in the same manner and for the same length of time, and under the same penalties, as they would be liable to work upon the public roads in case they resided without the limits of any incorporated town.

SEC. 3. And be it further enacted, That it shall be the duty of the said county court to appoint an overseer of the highways in said town once in twelve months, and oftener if it should deem it necessary.

(Approved Dec. 28, 1825.)

AN ACT

To alter the times of holding the county courts in the county of Morgan.

SECTION 1. Be it enacted by the Senate and House of Representatives of the state of Alabama, in general assembly convened, That the county courts for the county of Morgan in this state, shall hereafter be held at the court-house in the town of Sommerville, on the fourth Monday of February and August, in each and every year, instead of the second Mondays of January and July as now fixed by law, and each session shall continue twelve judicial days, unless the business thereof shall sooner be completed.

Sec. 2. And be it further enacted, That all suits, motions and other business, which would stand for trial, transaction and determination, at the county court for the said county of Morgan, to commence on the second Monday of January next, were it not for the passage of this act, shall stand for trial, transaction and determination at the said county court of Morgan county, to commence on the fourth Monday of February next, by force and virtue of this act.

Sec. 3. And be it further enacted, That all writs, subpoenas, and other process, which now are, or may hereafter be made returnable to the said county court of Morgan county on the second Monday in January next, shall by force and virtue of this act, be returnable to the said county court of Morgan county on the fourth Monday in February next, and all parties and witnesses required or summoned to appear at said county court on the second Monday of January next, shall by force and virtue of this act, be bound to attend said county court on the fourth Monday of February next.

(Approved, December 20, 1825.)


28

AN ACT

To alter and amend an act, entitled an act to establish the Seat of Justice in the County of Autauga, passed 22d Nov. 1819.

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 commissioners of roads and revenue of said county, shall have full power to fill all vacancies which may now exist or hereafter occur in the board of commissioners, appointed by the first section of the act to which this is an amendment, in such manner and at such time as they may think proper.

SEC. 2. And be it further enacted, That the said commissioners or a majority of them, shall have power in addition To their former powers, to receive and execute titles to all such parcel or parcels of land as they may have purchased, sold, or received as a donation to the county.

SEC. 3. And be it further enacted, That the said commissioners shall be required to make a report of their proceedings, and the situation of their accounts, to the judge of the county court, and commissioners of roads and revenue of said county, annually, at their session next proceeding the time appointed by law for electing the assessor and collector, and that such report shall be filed in the clerk’s office of said court.

SEC. 4. Be it further enacted, So soon as said commissioners shall have completed the duties required of them by the act to which this is an amendment, they shall transfer to the office of the clerk of the county court all papers relative to the performance of the duty for which they were appointed, as well as all titles for land and claims for property which they may hold belonging to said county, and that thereafter, the judge and commissioners of roads and revenue, shall have power to execute all titles to land which the aforesaid commissioners are by this act authorized to make.

(Approved January 13, 1826.)

AN ACT

To authorize the judge of the county court of Washington count and commissioners of revenue and roads, to levy a special tax for the purpose therein mentioned, and for other purposes.

Section 1. Be it enacted by the Senate and House of Representatives of the state of Alabama in general assembly convened, That the judge of the county court of Washington county and the commissioners of revenue and roads, be, and they are hereby authorized to levy a special tax in said county, to be by them appropriated to the payment for building a jail in said county of Washington; and that said special tax shall not exceed thirty-three and one-third per cent. on the state tax of said county.

Sec. 2. And be it further enacted, That all laws heretofore passed authorizing the county court of said county of Washington to levy special taxes, be and the same are hereby repealed.

(Approved January 7, 1826.)


29

AN ACT

To authorize the raising by Lottery a sum of money for the purposes therein specified.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in general assembly convened, That the judges of the county courts of Baldwin and Butler counties, be, and each of them are hereby authorized and required to appoint two commissioners, with power and authority to raise by lottery the sum of thirty-five hundred dollars to be laid out in the improvement of the road leading from Fort Dale, in Butler county, by the way of Durants, to the town of Blakeley, in Baldwin county.

SEC. 2. And be it further enacted, That of the sum thus raised, one thousand dollars shall be laid out in making, and repairing the road from Fort Dale to Durants, and the residue of the said sum in constructing the road from Durants to the town of Blakeley, under the direction of the commissioners of roads and revenue, for the counties aforesaid.

SEC. 3. And be it further enacted, That the commissioners who shall be appointed by this act, shall, before they enter upon the discharge of their duties, execute a bond payable to the judge, by whom they shall be appointed, in such sum as he may direct, with security to be by him approved for the faithful discharge of the duties required of them by this act.

(Approved January 7, 1826.)

AN ACT

Authorizing the county court of Limestone county to make certain allowances therein named.

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 roads and revenue, of Limestone county, be, and they are hereby, authorized to allow the commissioners of the public buildings in said county, such compensation as to said court may seem right, for their attention and trouble in superintending the same, payable out of the county treasury of said county.

(Approved December 20, 1825.)

AN ACT

To change the time of holding the county courts in the county of Shelby.

Section 1. Be it enacted by the Senate and House of Representatives of the state of Alabama, in general assembly convened, That the county court for the said county of Shelby, shall hereafter be holden on the third Mondays in February and August, at the court-house in the said county of Shelby; and that all process and other papers now returnable to the said county court, on the second Monday in January next, are by this act made returnable to the third Monday in February next, as established by this act.

Sec. 2. And be it further enacted, That all laws contrary to the provisions of this act be, and the same are, hereby repealed.

(Approved December 20, 1825.)


30

AN ACT

To locate permanently the seat of justice in the county of Shelby.

Section 1. Be it enacted by the Senate and House of Representatives of the state of Alabama, in general assembly convened, That Henry Harlesses, Thomas W. Smiths, in Cabawba Valley, John Howards, in Coosa Valley, or within two miles of each or either of them, be, and they are hereby designated as, eligible sites, to be voted for as the permanent seat of justice for the said county of Shelby.

Sec. 2. And be it further enacted, That it shall be the duty of the sheriff of the said county of Shelby, and he is hereby required, to hold an election, on the first Monday of May next, at the several election precincts in the said county of Shelby, to be conducted strictly pursuant to the election laws now in force regulation the general elections in this state: Provided, That the said sheriff shall give fifteen days notice, advertising the time of holding said election, putting in nomination the several places to be voted for, by imbodying the first section of this act into said advertisement.

Sec. 3. And be it further enacted, That the friends of the above designated points, or either of them, be, and they are hereby, permitted to hold out such inducements to the county as they may think proper, in favour of any, or all, of the above named sites, by donation or otherwise; and the said sheriff is hereby authorized and required to receive all such propositions in favour of any, or all, of them, made as aforesaid, to be void on the condition that the said court-house is not permanently located on such site or sites.

Sec. 4. And be it further enacted, That it shall be the duty of the sheriff of the said county, to advertise, at the same time and places of advertising the said election to be held as aforesaid, all such propositions as he may have received in favour of any one, or all, of the above designated points, stating the amount of such donation.

Sec. 5. And be it further enacted, That if, on comparing the poles of said election, it shall appear that no place nominated as aforesaid, shall have received a majority of all the votes given in at said election, it shall then be make the duty of the sheriff of the said county, to hold a second election, subject to the same rules and regulations as provided for in the foregoing section of this act, giving ten days’ notice, putting in nomination the two places voted for as aforesaid having received a plurality of votes at the said second election, shall be the permanent seat of justice for the said county of Shelby.

Sec. 6. And be it further enacted, That, after the said election, or elections., to be holden as aforesaid, it shall be make the duty of the sheriff of the said county forthwith to return the site elected to the judge of the county court for the said county of Shelby, who shall, upon receiving such return, proceed to, and he is hereby required to, appoint five good and competent commissioners, living contiguous to, or in, the neighbourhood of the said seat of justice, whose duty it shall be, and they are hereby authorized, or a majority of them, on receiving notice of such appointment, to proceed to dispose of any, and all, such real estate as the county may have received by donation, purchase, or otherwise, so as to promote the interests of the said county; and shall further have power and authority to contract for all the necessary public buildings for he said county; shall have direction of their several constructions, and superintend; reject, or receive the same when completed.


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Sec. 7. And be it further enacted, That the commissioners, appointed as aforesaid, shall meet and enter upon the duties herein assigned them, as early as practicable after notice of such appointment; Provided, That the said commissioners, before entering on their duties, shall take and subscribe the following oath or affirmation, before some justice of the peace for the said county: to wit, "I _________, do solemnly swear, (or affirm, as the case may be) that I will well and truly perform all the duties required of me by this act, as commissioner for the said count of Shelby, to the best of my knowledge and ability, without favour or partiality: So help me, God."

Sec. 8. And be it further enacted, That it shall be the duty of the judge of the county court to fill all such vacancies as may occur by the death, resignation, or refusal to act, of any of the commissioners appointed by this act, who shall be vested with all the powers and privileges of, and subject to the same restrictions and regulations that their predecessors were subject to.

Sec. 9. And be it further enacted, That the commissioners, to be appointed by the judge of the county court as aforesaid, or such of them as may perform the duties herein required, shall each receive, as compensation for their services, one dollar per day for each day they may be necessarily employed in performing that duty; which compensation shall be paid out of nay monies in the county treasury, not otherwise appropriated: Provided, That they shall first apply to the clerk of the county court, give in on oath the number of days he or they may have been necessarily employes as aforesaid, and shall receive a certificate from the clerk to that effect.

Sec. 10. And be it further enacted, That all laws, now in force, contrary to the provisions of this act, be, and the same are hereby, repealed.

[Approved January 11, 1826.]

AN ACT to appoint a commissioner for the town of Montecello in the county of Pike, 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 Abraham Miles be and he is hereby appointed a commissioner for the town of Montecello, in Pike county, in lieu of Wm. Cox resigned.

Sec. 2. And be it further enacted, That the count court of Pike county shall hereafter be held on the first Mondays in June and December.

Sec. 3. And be it further enacted, That Henry McPherson, Hoseph D. Harrison and George D. Staton, be and are hereby appointted commissioners to superintend the public building at the seat of justice for the county of Blount, in the place of Wm. Gilbreath, Daniel McPherson and Wm. Davis, removed from said county.

[Approved Dec. 20, 1825]

AN ACT authorizing the County Court of Morgan County to make a certain allowance therein mentioned.

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 commissioners of revenue and roads of Morgan county, be, and they are hereby, authorized to make such allowance, as they may deem proper, as compensation to the commissioners who selected the seat of justice, and superintended the public buildings in said county.

Sec. 2. And be it further enacted, That the said court be authorized to draw upon the county treasurer for the same.

(Approved, December 28, 1825.)


32

AN ACT

To alter the time of holding the county courts of the county of Greene.

Section 1. Be it enacted by the Senate and House of Representatives of the state of Alabama in general assembly convened, That the county courts of Greene county shall hereafter be held on the first Mondays in June and November in each and every year.

Sec. 2. And be it further enacted, That all process of every kind, now make returnable to the term of said court, as now established, or which may hereafter be issued, shall lie, and be triable at the term of the court hereby established, in the same manners as if this act had not been passed.

(Approved January 12, 1826.)

AN ACT

Authorizing the citizens of Sommerville, to elect a Justice of the Peace.

Section 1. Be it enacted by the Senate and House of Representatives of the state of Alabama, in general assembly convened, That there shall be an election holden in the town of Sommerville, Morgan county, at the time and place of electing trustees for the incorporation of said town, to elect a justice of the peace who shall be a citizen of said town.

SEC. 2. And be it further enacted, That the qualified electors of the aforesaid trustees, shall be competent voters for said justice of the peace.

SEC. 3. And be it further enacted, That the justice so elected, shall be vested with like powers, receive like fees, and continue in office the same length of time that other justices of the peace do in this state.

SEC. 4. And be it further enacted, That when any vacancy occurs in said office, the trustees of said corporation shall thereupon hold an election to fill said vacancy in the manner aforesaid.

(Approved Jan. 12, 1826.)

AN ACT to authorize the Judges of the Supreme Court to appoint a temporary clerk.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in general assembly convened, That the Judges of the Supreme Court, be and they are hereby authorized to appoint a clerk of the said court, to continue in office until the election of Judges, which is to be held during the present session of the general assembly, and until a clerk shall be duly appointed by them and qualified according to law.

(Approved Dec. 14, 1826.)

AN ACT reserving from sale the University Lands in the County of Tuskaloosa.

Sec. 1. Be it enacted by the Senate and House of Representatives of the state of Alabama in general assembly convened, That so much of the lands of the university of Alabama as lie in the county of Tuskaloosa, be, and the same is hereby reserved from sale or entry, and that so much of the laws now in force as contravenes the provisions of this act, be and the same is hereby repealed.

(Approved, January 9, 1826.)


33

To amend an act entitled an act 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 corporation of the city of Mobile shall be constituted of a mayor and six Aldermen, residents of the city, over twenty-one years of age, and each of whom shall be seized of a free-hold estate within the corporate limits of the said city; the said Mayor and Aldermen to be elected annually by ballot, in a general ticket, on the fourth Monday of March by the free white citizens of the United States, who have resided in the city one year previous to the election, and have paid taxes to the city on their real or personal estate: the municipal year to commence on the first Monday of April in each year.

SEC. 2. And be it further enacted, that the Mayor and Aldermen first to be elected under this act, be and they are hereby authorized, in their discretion, by ordinance, to divide the city into three or more wards, as they may deem expedient, and as nearly equal, in respect to population, as may be practicable, and to provide for the future election, annually on the fourth Monday of March, of two or more Aldermen from each of the said wards, not to exceed nine in all: Provided always, that the Aldermen to be elected, shall be residents of the wards for which they may repectively be chosen, and shall possess the qualifications required by this act for Aldermen: and provided also, that the qualifications of the electors of Aldermen for the several wards aforesaid, shall be the same as are required for electors of aldermen by general ticket; and until the city shall be divided into wards as aforesaid, the present mode of conducting elections for aldermen, shall continue in force in all future elections of Mayor and aldermen of the said city; the person voted for as mayor being designated on each ballot.

SEC. 3. And be it further enacted, that whenever the city shall be divided into wards as herein provided, the ballots of the qualified voters for aldermen in each of the said wards shall be received in a separate box for Mayor, and after the closing of the polls, and the counting of the votes for aldermen, the inspectors or judges shall meet at the place of holding the election of aldermen, and shall there count the votes taken for the several candidates for Mayor, the certificates of which inspectors or judges stating the number of votes taken and who is the highest on the list; the said certificate being filed with the clerk of the Mayor and aldermen, shall be conclusive evidence as to who is elected mayor of the said city.

SEC. 4. And be it further enacted, That each person who shall be elected Mayor or aldermen of said city, under this act, shall before entering on the duties of his office take the following oath, before any judge or justice of the peace

5


34

within the county of Mobile. "I, _________, do solemnly swear, that I will truly execute the duties of Mayor or alderman, (as the case may be) of the city of Mobile, as prescribed by the act incorporating the said city, and the amendments thereto, and that on the first Monday of April, the said Mayor and aldermen shall meet at some convenient place within the city of Mobile, and there organize; and that any four out of the whole number of Mayor and aldermen, shall be a quorum to do business, until the whole number shall amount to more than seven, when a quorum shall consist of not less than five.

Sec. 5. And be it further enacted, that the Mayor and aldermen of the said city shall have authority to fill up, cleanse and purify all lots and parcels of ground whatsoever within said city, whenever in their opinion, it may become necessary, in case the owner or owners thereof, or his, her or their agent neglect to do so, at the expiration of suitable notice; and if the expense incurred thereby, be not repaid to said city, on demand, or after notice or publication in some newspaper printed in said city, the said Mayor and aldermen shall have power and they are hereby invested with full power and authority to lease out at public auction, the lots or parcels of ground, so filled up, cleansed or purified, for so long a time, as shall be necessary, to raise a fund sufficient for that purpose.

Sec. 6. And be it further enacted, That the assessors and collectors of the said city shall hereafter be free-holders within the corporate limits of said city.

Sec. 7. And be it further enacted, That the Mayor or any alderman of the said city, shall have authority, concurrent with justices of the peace, for arresting and committing to prison, deserting seamen or mariners from vessels in merchant’s service, under the provisions of an act passed at the fifth annual session of the general assembly, entitled an act in relation to seamen belonging to vessels in merchants’ service.

(Approved Jan. 9, 1826.)

AN ACT

For the relief of the principal Pilots of Mobile Bay.

Section 1. Be it enacted by the Senate and House of Representatives of the state of Alabama, in general assembly convened, That so much of the tenth section of an act, entitled an act for the government of the port and harbour of Mobile, passed the twenty-third of December, one thousand eight hundred and twenty-two, as empowers the harbour-master and wardens of the port of Mobile, to demand of, and receive from the principal pilots of Mobile Bay, five per cent from the proceeds of their pilotage fee, and the same is hereby repealed.

Sec. 2. And be it further enacted, That this act shall be in force from and after the passage thereof.

(Approved December 12, 1825.)