AN ACT

Providing for the removal of certain Public Offices to the town of Tuscaloosa.

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 comptroller of public accounts, the treasurer and secretary of state to cause their respective offices to be removed from the town of Cahawba to Tuscaloosa, previous to the first day of June next.

Sec. 2. And be it further enacted, That the aforesaid comptroller, treasurer, and secretary of state, shall be, and they are hereby authorized to adopt such measures for the removal of their respective offices aforesaid, as they may deem expedient and safe, either by land or water conveyance, and also for the transportation of such furniture belonging to their said offices, as may be convenient.

Sec. 3. And be it further enacted, That it shall be the duty of the secretary of the senate and principal clerk of the House of Representatives to deposit in the office of the secretary of state, all papers, books, bills and records, appertaining to their respective offices; and the said secretary of state is required to superintend the transportation of the same, as well as all things belonging to the executive office, in the same manner, as is required of him, in relation to the removal of the office of secretary of state.

Sec. 4. And be it further enacted, That it shall be the duty of the quarter master general to pack up in secure boxes all the camp equipage, quartermaster’s stores, ordinance, &c. in his possession, belonging to the state of Alabama, and cause the same to be transported to the aforesaid town of Tuscaloosa, pursuant to the provisions of this act.


47

Sec. 5. Be it further enacted, That the expenses consequent on the removal of the aforesaid offices and other public property, shall be paid out of any money in the treasury not otherwise appropriated.

Sec. 6. Be it further enacted, That all notices, proclamations, &c. which are now by law required to be published in the Cahawba Press and Alabama State Intelligencer, and all motions, plaints and actions in behalf of the state, required to be instituted and prosecuted in either the county or circuit courts of Dallas county, shall, after the removal of the aforesaid offices, as to notices, proclamation, & c. be published in some newspaper printed in the town of Tuscaloosa; and as to motions, plaints and actions in behalf of the state, the same shall be instituted and prosecuted in either the county or circuit court of Tuscaloosa county, in the same manner, and subject to the same rules, restrictions, regulations and provisions, as are now prescribed by law.

Sec. 7. Be it further enacted, That this act shall commence and be in force from and after the first day of February next.

Approved, January 7, 1826.

AN ACT to exempt Invalids from paying Poll Tax.

Section 1. Be it enacted by the Senate and House of Representatives of the state of Alabama, in general assembly convened, That hereafter all free persons who by any bodily infirmity, may be exempt from working on public roads in this state, shall also be exempt from paying poll tax; and that all free persons of colour who shall have attained the age of sixty years, shall not be liable to pay poll tax.

Sec. 2. And be it further enacted, That all slaves who may be lunatic, blind, or insane, or from other cause may be entirely unprofitable to their owners, shall not be subject to taxation in this state, any law to the contrary notwithstanding; Provided, nothing in this act shall be so construed as to exempt from taxation, any slave under ten years of age.

(Approved Jan. 13, 1826.)

AN ACT

For the relief of the tax collector of Mobile county.

Whereas the tax collector of Mobile county has been unable, from the prevalence of malignant lever in the city of Mobile, to complete the collection of the taxes of said county, and to account for the same to the treasury within the time required by law; for remedy whereof

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in general assembly convened, That John Archer, tax collector of Mobile county be, and he is hereby allowed until the first day of April next, to complete the collection of the taxes of Mobile county, and to pay the same into the treasury of the state; upon condition, that the securities of the said John Archer shall consent to the provisions of this act, and shall file their consent in writing in the office of the secretary of state, on or before the first day of April next, otherwise the forfeitures heretofore incurred shall be and remain in full force.

[Approved January 12, 1826.]


48

AN ACT To fix the salary of the President of the Bank of the state of Alabama, and for other purposes.

SECTION 1. Be it enacted by the Senate and House of Representatives of the state of Alabama in general assembly convened, That the President of the Bank of the state of Alabama and his successors in office, shall receive an annual salary of twelve hundred and fifty dollars, payable quarter yearly at the treasury of this state.

Sec. 2. And be it further enacted, That the sum of twelve hundred and fifty dollars be and the same is hereby appropriated for the payment of the President of the Bank of the state of Alabama, for his services from the date of his first election to the present time.

Sec. 3. And be it further enacted, That no member of the general assembly shall during the time for which he shall have been elected, become indebted to the Bank of the state of Alabama, either directly or indirectly, provided that this act shall not be so construed to prevent any member from renewing any note which he may have had previously discounted: Provided further, this act shall not be construed as to prevent those members of the present general assembly who have not already borrowed from the Bank, from obtaining a loan; that the third section of this act, shall not take effect until from and after the first day of March next.

(Approved January 14, 1826.)

AN ACT

To exempt school-master, teachers and student from military duty.

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, all school-masters and teachers of seminaries of learning, and all students of common schools or public institutions, shall be exempt from all military duty, so long as teaching and learning is the common employ and business of teachers or students; Provided nothing in this act shall be so construed as to exempt either teachers or students in cases of actual invasion, insurrection or rebellion.

[Approved, Jan. 11, 1826.]

AN ACT

To amend an act entitled an act to regulate the licensing of Physicians to practise, and for other purposes therein name, approved Dec. 22, 1823.

Section 1. Be it enacted by the Senate and House of Representatives of the state of Alabama, in general assembly convened, That any physician or surgeon, who may have graduated at any regular medical university, shall be allowed to enrol his name with any of the medical boards of this state, on producing his diploma, without examination, any law to the contrary notwithstanding.

(Approved Jan. 12, 1826.)

AN ACT to repeal in part an act 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 third section of an act entitled an act concerning public roads, in the county of Montgomery, passed Dec. 20, 1824, be and the same is hereby repealed: Provided nothing herein contained shall be so construed as a discontinuance of the old road, but that the same is hereby declared to be the state road.

[Approved Jan. 12, 1826.]


49

AN ACT to provide for the removal of the Bank of the state of Alabama to Tuscaloosa.

Section 1. Be it enacted by the Senate and House of Representatives of the state of Alabama in general assembly convened, That the Bank of the state of Alabama shall be removed to the town of Tuscaloosa prior to the first day of June next.

Sec. 2. Be it further enacted, That it shall be the duty of the President of said Bank, and he is hereby authorized and required to take such measures for the removal of the Bank aforesaid, and to adopt such general arrangements for the safe transportation of the specie and other property of the Bank, and to employ such guards for the superintendence of the same, as he, in his discretion, may deem expedient.

Sec. 3. Be it further enacted, That so soon as the removal of the Bank aforesaid shall be effected, as contemplated by this act, it shall be the duty of the President thereof the make known the fact by advertisement in some public newspaper for the information of such persons as may have transactions in the said Bank.

Sec. 4. Be it further enacted, That there shall be elected, during the present session of the general assembly, in the manner pointed out by the charter of the Bank, a President and twelve directors, who shall continue in office until the removal of the said Bank shall be effected; and also a President and twelve directors to act at the town of Tuscaloosa, who shall act as such for the remainder of the time from and after such removal, and until their successors are duly elected and qualified.

Sec. 5. Be it further enacted, That if from any cause whatever the President of the Bank shall fail or neglect to have the removal of the aforesaid Bank effected in the manner and by the time pointed out by the aforesaid act, then and in that case, immediately after the expiration of the time herein appointed, it shall be the duty of the Comptroller of public accounts to perform such service, in the manner herein pointed out.

Sec. 6. Be it further enacted, That this act shall take effect and be in force from and after the first day of February next, except so far as relates to the fourth section, which shall be in force, from and after the passage thereof.

(Approved, January 12, 1826.)

RESOLUTION removing the injunction of secrecy imposed upon the report of the joint committee appointed to examine the bank of the state.

Resolved by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the injunction of secrecy imposed by an act passed at the present session, entitled an act to amend the Charter of the Bank of the State of Alabama, on the report of the joint committee appointed to examine said Bank be, and the same is hereby removed; and that, two hundred and fifty copies of the report aforesaid be printed for the use of the General Assembly.

(Approved, January 13, 1826.)

7


50

AN ACT

Concerning Justices of the Peace and Constables in Mobile county.

SECTION 1. Be it enacted by the Senate and House or Representatives of the state of Alabama, in general assembly convened That there shall be appointed from time to time, and commissioned by the governor on the recommendation of the judge of the county curt and commissioners of roads and revenue of Mobile county a competent number of justices of the peace in and for the said county, not less than one nor more than two in each militia company district, who shall continue in office during the term of three year; but for any malconduct or misdemeanor in office whatsoever, may be prosecuted by information or presentment of a grand Jury, in the circuit court of said county; which information or presentment, shall specify the particular malconduct or misdemeanor with which such justice of the peace shall stand charged, and shall not be quashed, overrulled or avoided for the want of form. And if the justice of the peace so prosecuted, on the return of a summons executed, shall fail to appear, at the term to which such summons is returnable, and plead to the information or presentment, or shall in open court confess the matter therein alleged, or shall be convicted thereof by the verdict of a jury, the court before whom such prosecution shall be had, shall certify the same to the governor, who, in either of the cases abovementioned, shall forthwith revoke the commission of such justice of the peace, and make known the same to the judge of the county court; and the person so removed shall thereafter be rendered incapable of holding the office of a justice of the peace in any county in this state.

Sec. 2. And be it further enacted, That every justice of the peace appointed under this act before he enters on the duties of his office, shall take the several oaths prescribed by the constitution and laws of this state, before the judge of the county court of said County, and enter into bond with two or more good and sufficient securities to be approved by the said judge in the penal sum of three thousand dollars, payable to the governor for the time being, and his successors in office, conditioned that he will faithfully pay over to the person or persons authorized to receive the same, all monies collected by him in his official capacity, and shall annually on the first Monday of January, in each year, make a return to the county treasurer of said county, or the comptroller of public accounts, as the case may require, of all fines and penalties, which he shall have assessed during the year preceding such return, and pay so much thereof as he shall have received, where the same is directed by law to be paid: And in all things shall truly and faithfully execute and perform the said office of justice of the peace during the time of his continuance therein; on which bond the judge of the county court of said county, shall endorse his approbation of the sureties therein named, and a certificate that he has administered to the said justice the oaths of office; and shall cause the bond together with the endorsements thereon, to be recorded in the office of the clerk of the county court; and immediately thereafter deposite the same in the office of the secretary of state, there to be safely kept and preserved; and said bond shall not be void on the first recovery, but may be put in suit and prosecuted from time to time, at the costs and charges of any party injured, until the whole amount of the penalty thereof be recovered; and an authenticated copy of such bond shall be received in evidence in any court of law or equity


51

in this state, in the same manner as the original would be, if it were present in court.

Sec. 3. And be it further enacted, That is shall be the duty of every justice of the peace in said county on the first Monday of January, in each year, to make a return to the county treasurer, or to the comptroller of public accounts, as the case may require, of all finer and penalties which he shall have assessed during the preceding year, and to pay so much thereof as he shall have received, where the same is directed by law to be paid; and also punctually to pay over all monies collected by him in his official capacity, to the person or persons authorized to receive the same; and any justice of the peace who shall fail to make such return, or to pay the monies by him received as aforesaid, in addition to the remedy prescribed in the preceding section, shall be deemed guilty of a misdemeanor in office, and shall be removed form office in the manner provided for by this act.

Sec. 4. And be it further enacted, That there shall be appointed from time to time by the judge of the county court, and commissioners of roads and revenue of said county, so many fit and proper persons as they may deem necessary, not less that one nor more than two in each militia company district, to serve as constables within the said county for the term of three years; but for any malconduct or misdemeanor in office, may be removed on complaint by the said judge of the county court and commissioners of roads and revenue, and the said constables before entering on their official duties, shall severally enter into bond, in such manner, and for such sum, as now required by law.

Sec. 5. And be it further enacted, That this act shall take effect and be in force, on and after the first Monday in March, eighteen hundred and twenty-six; and that all acts and parts of act repugnant to the provisions of this act, be, and the same are hereby repealed.

(Approved January 12, 1826.)

AN ACT

The better to organize the militia of the counties of Covington and Dale.

Section 1. Be it enacted by the Senate and House of Representatives of the state of Alabama, in general assembly convened, That the militia composed of the counties of Covington and Dale shall form and constitute the forty-sixth regiment of the militia of this state; and that the militia of the county of Covington shall constitute the first battalion, and that the militia of the county of Dale shall constitute the second battalion of said regiment.

Sec. 2. And be it further enacted, That the brigadier-general of the eleventh brigade shall cause an election to be holden in said regiment on the first day of May next, for the purpose of electing a colonel to command said regiment, who, when elected, shall proceed to organize said regiment in conformity to the [then] existing laws.

Sec. 3. And be it further enacted, That the twenty-third regiment shall be divided into two regiments in such manner as may be designated by a regimental court-martial, to be assembled by order of the commanding officer of the said twenty-third regiment, on the first Monday in March next, in the town of Washington in the county of Autauga.

Sec. 4. And be it further enacted, That is shall be the duty of the president of the said court-martial to transmit a copy of the deci-


52

sion of said court, to the brigadier-general of the thirteenth brigade, whose duty it shall be to issue a writ of election for a colonel to command said regiment, and the said regiment shall be called the forty-seventh regiment.

Sec. 5. And be it further enacted, That so soon as a colonel for the forty-seventh regiment shall be elected and commissioned, he shall proceed to organize his regiment according to the existing laws.

Sec. 3. And be it further enacted, That the militia composed of the county of Mobile, shall form and constitute the forty-eighth regiment of the militia of this state; and it shall be the duty of the brigadier-general of the ninth brigade, to cause an election to be holden in said regiment on the first Monday in May next, for a colonel to command said regiment, who, when elected and commissioned, shall proceed to organize said regiment, in conformity to the existing laws of this state.

(Approved January 7, 1826.)

AN ACT to authorize the Judge of the County Court and Commissioners of Revenue and roads of Lauderdale county to levy a Tax 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 John Coffee, John Chisholm, Lawrence Thompson, George W. G. L. Faley, and John Donahoo, are hereby appointed commissioners, to contract for, and superintend, the building of three bridges in Lauderdale county, to wit, one over Shoal Creek, one over Blue water where the main road from Florence to Huntsville by the way of Athens crosses said Creeks, as viewed and marked out by the commissioners, appointed by an act entitled an act "to establish a permanent road from Florence in the county of Lauderdale to Athens in the county of Limestone," and one over Cypress Creek where the road from Florence to Waterloo crosses the same; and it shall be the duty of said commissioners to give information to said court at its first session after the first day of Jan’y, one thousand eight hundred and twenty-six, of what sum of money they may consider necessary for the erection of said Bridges: and it shall, thereupon, become the duty of said court to divide said sum into their equal parts, and to levy on the taxable property and polls in said county one third of said sum in the year eighteen hundred and twenty-six, one third in eighteen hundred and twenty-seven, and one-third in eighteen hundred and twenty-eight; which said sums shall be collected by the collector of state and county tax for said county in said years respectively and paid over to such one of said commissioners as they may nominate to receive the same, and shall receive the same fees for collecting the same as if collected for other county purposes in conjunction with the other county tax.

Sec. 2. And be it further enacted, that it shall be the duty of said commissioners, so soon as practicable after the levy of said tax in the year eighteen hundred and twenty six, to contract for the erection of the bridge over Shoal Creek, and either or both of the ethers at the same time, if they should consider if advisable so to do; having in view, at the time of entering into said contracts, the time when said sums of money would probably be received, requiring of the undertaker or undertakers of the erection of said bridges such security, in every instance, as would insure a strict


53

compliance with said contracts, not only as to their erection but that the same should remain in repair for such term of time as might be limited in said contract; which, in a convenient time, shall be recorded in the office of the clerk of said county court by the clerk thereof ex-officio.

Sec. 3. And be it further enacted, That is shall be the duty of said commissioners, so soon as they have completed the objects of their appointment, which is hereby limited to the first court after the first day of January, eighteen hundred and twenty-nine, to lay before the county court aforesaid, or the tribunal exercising their jurisdiction, a correct account of their proceedings and of the receipts and appropriations of any monies coming to their hands by virtue of this act, and to pay over any sum or sums which may, at that time, remain in their hands after complying with the contracts for said bridges, and after deducting any sum or sums which may be allowed said commissioners by said county court for their services in the premises: Provided, that if it should be ascertained by said commissioners at any time, that the sum originally required by them to be levied and collected for the erection of said bridges, it shall be the duty of said court, as above provided, to levy and cause to be collected and paid over as above such other sum as said commissioners may require; which said sums of money shall be accounted for in the same manner and under the same restrictions as other county tax: And provided, also, That should a vacancy occur in said appointment of commissioners, they shall have power to appoint to fill such vacancy; and that a majority of said commissioners shall be competent to the discharge of any of the duties of this act.

Sec. 4. And be it further enacted, That Littleberry H. Jones be, and he is hereby, authorized to build a toll-bridge over Elk river, at or near where the ferry is kept on said river, on the road from Florence to Huntsville; and that said bridge shall be sufficiently high to admit the passage of boats at all times in said river; and shall receive such rates of toll as the county court of Lauderdale county may authorize for passing said bridge.

(Approved, January 11, 1826.)

AN ACT regulating the mode of summoning Jurors for Green County,

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, there shall be drawn, in the same mode now prescribed by law, twenty jurors, who shall be summoned to attend on the first day of the second week of the circuit court for Greene county, whose names shall be incorporated in the venire, and who shall serve as petit jurors for six days only.

Sec. 2. And be it further enacted, That there shall be thirty-two jurors only summoned to attend the first week of the term from whom the grand jury shall be drawn; and the remainder shall be discharged on the Saturday of the first week of the term: Provided, nevertheless, That the grand jury, so drawn, shall serve the whole term unless sooner discharged by the court.

[Approved December 20, 1825.]

AN ACT for the relief of the Public Printer of this State.

Whereas, a part of the paper intended for the printing of laws and journals of the present session has lately been lost by the sinking of the Cotton Plant while ascending the Alabama river; therefore


54

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That thirty days further time be allowed the said public printer for the printing of the laws of the present session and the distribution of the same.

Sec. 2. And be it further enacted, That the said public printer may receive one-fourth of his annual salary upon the completion of the printing of all the acts of the present session; and the remaining three-fourths after the printing of all the journals and the distribution of all the acts and journals as required by law.

Sec. 3. Be it further enacted, That in order to enable the public printer to draw his salary or any part thereof, it shall be necessary for him to produce to the comptroller of public accounts the certificate of the secretary of state that the public printing, either in whole or in part, as may be, has been well executed, and in a workmanlike manner.

Sec. 4. Be it further enacted, That it shall be the duty of the public printer, by the direction of the secretary of state, to publish in his paper weekly, a portion of the most important laws passed at the present session of the legislature, and direct one paper at least, in which the laws are so published, to the clerk of the count and circuit courts in each and every county in this state.

[Appr. Jan. 14, 1826.]

AN ACT

To amend an Act entitled an Act to establish a certain County therein named, and for other purposes, passed 22d December, 1824.

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 commissioners appointed in the above recited act to select a quarter section of land for the county of Henry, pursuant to the act of Congress, passed May twenty-sixth, eighteen hundred and twenty-four, or a majority of them; and so soon as they obtain legal titles to the quarter section aforesaid, to proceed to have the same, or any parts thereof, laid off into such parcels or lots as they may think proper, and offer the same, or any part thereof, for sale at public auction, after having given at least sixty days notice in one or more of the newspapers printed in this state, and in one or more of the newspapers printed in the state of Georgia, of the time and place of such sale.

Sec. 2. And be it further enacted, That all bonds and notes given for the payment of the lots aforesaid, shall be made payable to the treasurer of said county and his successors in office, and he is hereby authorized and empowered to sue for and recover the same.

Sec. 3. And be it further enacted, That it shall not be lawful for the commissioners aforesaid to make any donation of any part of said quarter section, or make titles to any part of the same, without first having complied with the provisions contained in the first section of this act.


55

Sec. 4. And be it further enacted, That it shall be the duty of the judge of the county court, together with the commissioners of roads and revenue to pass an order in favor of the commissioners aforesaid, to defray the expenses of advertising the lots aforesaid, and for other incidental expenses to be paid out of the fund arising from the sale of said lots.

(Approved, January 3, 1826.)

AN ACT

To establish the boundary line 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 all that part of Henry county, thence east on the line dividing townships eight and nine, four miles to the north east corner of section numbered three, in township eight and range twenty-six, thence south to the Florida line, thence on said line to the south east corner of Dale county, be added to, and made a part of the county of Dale.

Sec. 2. And be it further enacted, That all that part of Dale county, lying in township eight in ranges nineteen, twenty, twenty-one, twenty-two, twenty-three, and twenty-four, be added to, and made a part of the county of Pike.

(Approved, January 4, 1826.)

AN ACT to incorporate the Moulton Library Company.

Section 1. Be it enacted by the Senate and House of Representatives of the state of Alabama in general assembly convened, That Fletcher Taylor, Robert W. Macklin, John Gallagher, James Bl. Wallace and Lewis Campbell, directors of the Moulton Library Company and their successors in office be, and they are hereby constituted a body corporate by the name of the Moulton Library Company, with perpetual succession, and that in their said corporate name they may sue and be sued, plead and be impleaded, purchase, receive, hold and convey real and personal property to any amount not exceeding the annual value of ten thousand dollars.

Sec. 2. And be it further enacted, That said corporation may have a common seal, with power to alter the same and to make, modify and alter rules and regulations for their own government in the management of the Library under their direction as they may deem expedient: Provided, the same be not contrary to, or inconsistent with, the laws and constitution of this state, or the constitution and laws of the United States.

(Approved, January 4, 1836.)

AN ACT concerning the Tombeckbee Bank.

SECTION 1. Be it enacted by the Senate and House of Representatives, of the State of Alabama, in general assembly convened, That at any stated meeting for the board of Directors of the Tombeckbee Bank, five of the said Directors shall constitute a quorum for doing business, the President of the said Bank being one.

(Approved, Jan. 12, 1826.)