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AN ACT

To inforce those provisions of the act entitles An act to establish a Bank in the town of Mobile" which relate to voting for Directors.

Section 1. Be it enacted by the Senate and House of Representatives of the state of Alabama, in general assembly convened, That in all elections of directors of the Bank of Mobile hereafter to be holden under and by virtue of an act to establish a Bank in the town of Mobile, "whenever any person shall offer to the judges of such election any votes in his own right, or as attorney, proxy or agent for others, the said judges of the election, or any one of them, are hereby authorized and required to administer to the said person, so offering to vote the following oath or affirmation, to wit: I, ______, do solemnly swear or affirm ( as the case may be) that the shares on which I now offer to vote in my own name, are now and were three calendar months previous to this election in good faith owned by me as my individual property, (or appertains to me in the character, either as administrator, executor or guardian, as the case may be) and were not transferred to me for the purpose of obtaining my vote at this election for directors." And if the person offering to vote, offers as attorney, proxy, or agent, the said judges or any one of them are hereby authorized and required to administer to the said person, so offering to vote the following oath or affirmation, to wit: I, _______, do solemnly swear or affirm (as the case may be) that I have no interest, directly nor indirectly in the shares upon which I shall vote at this election, as attorney, proxy or agent for others; that those shares are to the best of my knowledge and belief, truly and in good faith owned by the person or persons in whose names they now stand; and that the person or persons truly and in good faith owned said shares three calendar months previous to this election. And the said judges of elections or any one of them shall be authorized and empowered, in their discretion, or at the instance of any stockholder of the Bank to administer the said oath or affirmation to any person offering to vote at any such election.

Sec. 2. And be it further enacted, That if the judges of any election of directors to be had as aforesaid, shall permit any person to vote, without the said persons having taken the aforesaid oath or affirmation, such of the said judges as shall consent thereto, shall severally be deemed guilty of a misdemeanor, and on due conviction thereof, shall be subject t a fine not exceeding five hundred dollars, or to imprisonment not exceeding four months, at the discretion of the court before which such conviction shall be had. And if any persons shall wilfully and absolutely swear, or affirm falsely, in taking any oath or affirmation prescribed by this act, such person so offending, shall upon due conviction thereof, be subject to the fines and penalties which are by law prescribed for the punishment of wilful and corrupt perjury.

[Approved, January 12, 1826.]


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AN ACT to incorporate the Bassett’s 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 William Coleman, Josiah Jones, James Furlow, Samuel T. Barnes, and Joseph B. Chambers, be, and the are hereby appointed commissioners, with power to open books at the town of Suggsville, in the county of Clarke, and at such other place, or places as they may think proper to receive subscription of stock, to be applied as hereinafter mentioned, and the said books shall be opened on the first Monday of March next, and shall be kept open until the first Monday in June next ensuing, unless the sum of two thousand five hundred dollars be sooner subscribed.

Sec. 2. And be it further enacted, That the said sum of two thousand five hundred dollars be divided into one hundred shares of twenty-five dollars each, and that each subscriber shall pay at the time of subscribing the sum of five dollars upon each share subscribed, and such other sums at such times as the president and directors of said company shall require. And if any stockholder shall fail to pay any instalment or any amount upon said stock, which by the president and directors may be required of him, he shall forfeit for the benefit of the company, whatever sum or sums he may have paid.

Sec. 3. And be it further enacted, That the said subscribers, their successors, and assigns, shall be a body politic, under the name and style of the President and Directors of The Bassett’s Creek Navigation Company, and shall by that name be capable and liable in law to sue, and be sued, plead, and be impleaded, answer, and be answered, defend, and be defended in any suit, action, matter, or thing, depending in any court of law or equity; to have a common seal, and the same to alter at pleasure; and to make, establish, and enforce, such by-laws, ordinances and regulations, as they shall deem necessary for the government of said corporation, not being contrary to the laws of the United States or of this state.

Sec. 4. And be it further enacted, That as soon as the said sum of two thousand five hundred dollars shall be subscribed, the said commissioners shall give notice of a time and place for holding an election, for the purpose of electing seven directors, which said election shall be holden under the direction of the said commissioners or a majority of them, and each stockholder shall be entitled to one vote for every share of which he may be owner; and the said directors shall hold their office until the first day of May after said election; and the stockholders shall annually on the first day of May elect their directors; and the said directors who may be elected as aforesaid, shall proceed to elect one of their number to be president, who shall hold his office for the like period of one year.

Sec. 5. And be it further enacted, That said corporation shall have power and authority to open and improve


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the navigation of Bassett’s creek from Dear’s bridge to the Mouth of said creek, by removing the obstructions therein, opening canal or canals, or in such other mode or was as they mad deem expedient.

Sec. 6. Be it further enacted, That the said improvements shall not be made on the property of others without their consent in writing, of the owner or owners of such property; but if such consent cannot be obtained, it shall be lawful for said corporation to apply for and obtain a writ of ad quod damnum, as in other cases.

Sec. 7. And be it further enacted, That the said President Directors may and directors, may erect on such parts of said creek as they may deem necessary, toll gates, and receive such tool as They may think proper, provided the said tolls shall not exceed two dollars per ton for navigating the whole length of said creek.

Sec. 8. And be it further enacted, That if any person shall in any manner obstruct the navigation of said creek by felling trees or otherwise, such offender shall forfeit the sum of ten dollars, to be recovered before any justice of the peace, in the county where the offence is committed, which said forfeit shall be given to any person who will sue for the same, provided that such recovery shall not prevent the said company from recovering any special damage which they may sustain by reason of such obstruction.

Sec. 9. And be it further enacted, That the said company shall have the exclusive benefit arising from the navigation of said stream, for and during the term of twenty-five years.

[Approved, Jan. 13, 1826.]

AN ACT

To locate the seat of justice for Fayette county.

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 Fayette county, the commissioners of roads and revenue of said count, be and they are hereby authorized and empowered to locate the seat of justice of said count; Provided nevertheless, that They are hereby required to name the site between New-river and Looksapalila, and within four miles of the northwest corner of township sixteen, range twelve west of the basis meridian from Huntsville.

Sec. 2. Be it further enacted, That said judge and commissioners, be and they are hereby authorized to receive, by donation or purchase, and quantity of land for the purposes before named, Provided nevertheless, that said judge and commissioners be and they are hereby required, in the manner before named, to procure not less than forty, nor more than one hundred and sixty acres.

Sec. 8. Be it further enacted, That said judge and commissioners be and they are hereby authorized and required, as soon as said land can be procured, to proceed and lay off a town, and sell to the highest bidder, on a credit of one, two


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and three years, the lots of said town, requiring from the said purchasers bond with approved security.

Sec. 4. Be it further enacted, That said judge and commissioners be and they are hereby required to give notice of the time and place of said sale of lots, at least thirty days prior to the sale, by advertisement at every precinct in said county and in some paper printed in Tuscaloosa and Tuscumbia.

Sec. 5. Be it further enacted, That after the said lots may be disposed of, according to the provisions of this act, the remaining land, should there be any, may be laid off in such manner as may seem best to the judge and commissioners, and disposed of in the same manner as the lots.

Sec. 6. Be it further enacted, That the nett profits, arising from the sale of said lands, be and the same are hereby appropriated to the building of a court-house & such other public buildings for said county, as may be deemed necessary.

Sec. 7. Be it further enacted, as soon as said judge and commissioners shall make the location, as before contemplated, and the title to such land as any be required under this act may be recorded in the office of the clerk of said count, then the seat of justice shall be moved to said site; and the circuit and county courts of said county shall thereafter be held at the place so designated; and all the offices, required by law to be and remain at the seat of justice of each and every county, shall, within six months after said title be recorded, be removed and remain at the place so selected.

[Approved, Jan. 12, 1826.]

AN ACT to incorporate the Coosawda academy in the town of Coosawda.

Section 1. Be it enacted by the Senate and House of Representatives of the state of Alabama in general assembly convened, That an academy be and is hereby established in the town of Coosawda and county of Autauga, by the name of Coosawda academy, and that John A. Elmore, James B. Clopton, Robert B. Glenn, Drury Reese and Francis Lewis, their associates and successors be and are hereby established a body corporate, by the name and style of "the trustees of the Coosawda Academy," and by that name shall have power to sue and be sued, to plead and be impleaded, to receive donations, to hold read estate to the value of then thousand dollars, and in general to do all acts for the benefit of the institution which are incident to bodies corporate, and which are not repugnant to the constitution and laws of the United States or of this state.

Sec. 2. And be it further enacted, That the said trustees, their associates and successors, shall have power to associate with them any number of men not exceeding thirteen, who when elected shall have equal rights with those here named, and shall fill all vacancies which may occur by death, resignation refusal to act or otherwise, and to appoint a president, vice president, treasurer and secretary, and prescribe the duties of each, and to make all such by-laws for


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the government of the seminary and of their own meetings as they shall think proper.

Sec. 3. And be it further enacted, That the first meeting of the trustees shall be held on the first Monday of March in the year of our Lord one thousand eight hundred and twenty-six, in the town of Coosawda, and that they meet at such times, thereafter, as they shall think proper, and that two-thirds of the corporate body shall constitute a quorum to do business.

(Approved January 12, 1826.)

AN ACT

To incorporate Milton Academy in the town of Montgomery, and to empower the trustees of the same to establish a Lottery, or Lotteries.

Whereas Ebenezer D. Washburn, John Gindrat, William Sayre, John Godthwaite, Robert J. Ware, Nimrod E. Benson, and John S. Bailey, have by their petition prayed to be incorporated as trustees for the establishment of an academy, in the town and county of Montgomery, to be called Milton Academy, and also, that they may be authorized to raise by lottery or lotteries, a sum not exceeding five thousand dollars, to enable them to defray the expences of necessary buildings for the same:

Section 1. Be it enacted by the Senate and House of Representatives of the state of Alabama, in general assembly convened, that the said petitioners and their successors appointed or elected, or to be appointed or elected, according to the form, and in the manner prescribed or to be prescribed by the rules and regulations of the said academy, shall be, and they are hereby incorporated as a body politic and corporate, in deed and in law, by the name of "The Trustees of Milton Academy."

Sec. 2. And be it further enacted, by the authority of aforesaid, That the said corporation by the name aforesaid, shall have perpetual succession of officers, and members to be appointed or elected in such manner and according to such form, as may be prescribed by the rules and regulations as are now or may hereafter be made for the government of the said corporation, and that they have a common seal with power to change, alter and make new said rules and regulations and common seal as often as they shall judge expedient.

Sec. 3. And it further enacted, by the authority aforevaid, That the said corporation shall be able and capable in law to purchase, have, hold, take, receive, possess, retain, and enjoy to itself in perpetuity, or for any term of years any estate, real, personal or mixed, of what kind or nature soever, and to sell, alien, and dispose of the same as they may think proper, and by its name above mentioned, to sue, and be sued, implead, and be impleaded, answer, and be answered, in any court of law or equity in this state, and to make such rules and by-laws, not repugnant or contrary to the laws of the land, as for the good order, and proper government of the said corporation, may by them be


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thought necessary or expedient; provided nevertheless, that the said real, personal, or mixed estate, shall not produce an increase exceeding three thousand dollars per annum.

SEC. 4. And be it also enacted, by the authority of aforesaid, That the said trustees and their successors, shall have full power and authority, by virtue of this law, to erect, and proceed to the drawing, and finally, to conclude one or more lotteries, provided they do not by the said lottery or lotteries, raise a sum exceeding five thousand dollars to defray the expenses of necessary buildings for the said academy.

SEC. 5. And be it further enacted, by the authority aforesaid, That an act authorizing a lottery for the benefit of building an academy in the town of Montgomery, passed December 15, 1821, and all other acts contrary to the meaning of this act, be, and the same are hereby repealed.

(Approved, January 7, 1826.)

AN ACT

To incorporate the Trustees of Concord Academy in Green county.

SECTION 1. Be it enacted by the Senate and Hose of Representatives, of the State of Alabama, in general assembly convened, That Samuel Whitherspoon, Thomas Witherspoon, James W. Fryerson, Joseph P. Cunningham, William Kennon, James Martin, and Green Hill, Trustees of the Concord Academy and their successors in office, appointed or elected or to be appointed or elected, according to the rules and regulations of the said academy, shall be, and they are hereby incorporated as a body politic and corporate, indeed and in law, by the name and style of the Trustees of the Concord Academy.

SEC. 2. And be it further enacted, That the said corporation by their name aforesaid, shall have perpetual succession of officers and members, to be appointed or elected in such manner, and according to such form as may be prescribed by the rules and regulations now existing, or hereafter to be made, for the government of said corporation; and they may have a common seal, with power to alter and make new the said rules and regulations, and the said common seal, as often as they shall deem expedient.

SEC. 3. And be it further enacted, That the said corporation shall be able and capable in law to purchase, have, hold, possess, enjoy and retain to itself, in perpetuity or for any term of years, any estate, real or personal, of what kind or nature soever; and to sell, alien, or dispose of that same, as they may think proper; and by its name above mentioned to sue and be sued, implead or be impleaded, answer and be answered unto, in any court of law or equity in this state; and to make such rules and regulations, not repugnant to the laws and constitution of this state and of the United States, as they may deem necessary or expedient; Provided, that the said corporation shall not be entitled to have, hold or retain as aforesaid, real or personal estate of an annual income exceeding ten thousand dollars.

(Approved, January 12, 1826.)


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AN ACT

To incorporate the Trustees of Tuscumbia Academy, in Franklin county.

Section 1. Be it enacted by the Senate and House of Reprsentatives of the State of Alabama in general assembly convened, That Thomas Wooldridge, Alexander A. Campbell, William H. Wharton, and Robert B. Marshall, trustees of Tuscumbia Academy, and their successors in office, appointed or elected, or to be appointed or elected, according to the rules and regulation of said Academy, shall be, and they are hereby, incorporated as a body politic and corporate in deed and in law, by the name and style of "The Trustees of Tuscumbia Academy."

Sec. 2. And be it further enacted, That the said corporation, by their name aforesaid, shall have perpetual succession of offices and member, to be appointed or elected in such manner, and according to such form, as may be prescribed by the rules and regulations made for the government of the said corporation; and that they may have a common seal, with power to alter and make new the said rules and regulations, and the said common seal, as often as they shall deem expedient.

Sec. 3. And be it further enacted, That said corporation shall be able and capable in law, to purchase, have, hold, possess, enjoy, and retain to itself, in perpetuity, or for any term of years. any estate, real or personal, of what kind or nature soever, and to sell, alien, or dispose of, the same as they may think proper; and by its name above mentioned to sue and be sued, plead and be impleaded, answer and be answered unto, in any court of law or equity in this state, and make such rules and regulations not repugnant to the constitution and laws of this State or of the United States, as they may deem expedient.

(Approved January 13, 1826.)

AN ACT to incorporate the town of Pickens, in Pickens 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, the town of Pickens in the county of Pickens, as laid out and established by commissioners appointed by an act, passed the 13th December, 1821, be, and the same is hereby incorporated.

Sec. 2. And be it further enacted, That an election shall be held at the court house in said town, on the first Monday in March next, and on the same day in every year thereafter, to commence at the hour of ten o’clock in the morning, and the polls shall be kept open three hours, for the purpose of electing five commissioners, resident citizens of said town, also a town constable, assessor and treasurer, and the commissioners thus elected, shall on the succeeding day, choose from their own body a President, for the year next ensuing every such election, and the president and commissioners thus elected, shall constitute a body corporate, by the name and style of "the President and Commissioners of the town of Pickens," a majority of whom may constitute a quorum to do business; Provided, that the offices of assessor and constable, may or may not at discretion, be conferred on the same person; and provided further, that all persons who may have been residents of said town, one mouth immediately preceding every election, shall be entitled to a vote.

Sec. 3. And be it further enacted, that the president and commissioners, and other officers elected as aforesaid, shall proceed in the same manner, possess the same powers, and be subject to the


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same restrictions as were provided by law for the government of the president and commissioners of the town of Tuscaloosa, by an act passed the 13th of December, 1819.

Sec. 4. And be it further enacted, That Michael Cody, Elijah Willbanks, and George Flournoy, or either of them, are authorized to hold the first election, as pointed out by the second section of this act, and that all future elections shall be held by the president and any one of the commissioners, and in case of the absence of the president by any two of the commissioners.

(Approved, January 7, 1826.)

AN ACT to incorporate the trustees of the Tuscumbia Female Academy, in Franklin county.

SECTION 1. Be it enacted by the Senate and House of Representatives of the state of Alabama, in general assembly convened, That Alexanker A. Campblee, Thomas Wolldridge, William H. Whorton, and John Hogan, Trustees of the Tuscumbia Female Academy, and their successors in office, appointed or elected, or to be appointed or elected, according to the rules and regulations of said academy, shall be, and they are hereby incorporated as a body politic and corporate, in deed and in law, by the name and style of "The Trustees of the Tuscumbia Female Academy."

Sec. 2. And be it further enacted, That the said corporation by their name aforesaid, shall have perpetual seccession of officers, and members, to be appointed or elected in such manner, and according to such for, as may be prescribed by the rules and regulations made for the government of the said corporation, and that they may have a common seal, with power to alter and make new the said rules and regulations, and the said common seal, as often as they shall deem expedient.

Sec. 3. Be it further enacted, That the said corporation shall be able and capable in law to purchase, have, hold, possess, enjoy, and retain to itself in perpetuity, or for any term of years, any estate either real or personal, or what kind or nature soever, and to sell, alien, or dispose of the same, as they may think proper, and by its name above mentioned, to sue, and be sued, plead, and be impleaded, answer and be answered unto, in any court of law or equity in this state, and to make such rules and regulations, not repugnant to the constitution and laws of this state, and of the United States as they may deem expedient.

(Approved January 13, 1826.)

AN ACT to incorporate the trustees of Moulton Academy.

Section 1. Be it enacted by the Senate and House of Representatives of the state of Alabama, in general assembly convened, That Fletcher Taylor, Jonathan Burford, Robert M. White, Samuel Gregg, John S. White, John Gallager and Joseph Coe, trustees of the Moulton Academy, and their successors in office, appointed or elected, or to be appointed or elected, according to the rules and regulations of said academy, be and they are hereby constituted a body corporate, by the name and style of the trustees of the Moulton academy, and by said corporate name shall have perpetual succession of officers and members, to be appointed or elected in such manner, and according to such form as may be prescribed by the rules and regulations now existing, on which may hereafter be made, for the government of said corporation; and they may have a common seal, with power to alter and made new the said rules and regulations, and said common seal so often as they shall deem expedient.


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Sec. 2. And be it further enacted, That said corporation shall be able and capable in law to purchase, have, hold, possess, enjoy and retain to itself in perpetuity or for any term of years, any estate, real or personal, of what king and nature soever; and to sell, alien and dispose of the same as they may think proper; and by its said corporate name to sue and be sued, plead and be impleaded, in any court of law or equity in this state, and to make such rules and regulations not repugnant to the laws and constitution of this state or of the United States, as they may deem necessary or expedient; Provided, that said corporation shall not be entitled to have, hold or retain as aforesaid, real or personal estate of an annual income exceeding ten thousand dollars.

[Approved Jan. 12, 1826.]

AN ACT supplementary to an act entitled, an act to establish the town of Sommerville, in the county of Cotaco, passed Dec. 3, 1819.

SECTION 1. Be it enacted by the Senate and House of Representatives of the state of Alabama in general assembly convened, That hereafter it shall be lawful for the inhabitants of Sommerville, to elect trustees of said town, on the third Monday in February, of each and every year, or on one of the two succeeding Mondays, in conformity to the provisions of the before-mentioned act.

[Approved, January 9, 1826.]

AN ACT to incorporate the Turstess of the La Fayette Academy in the Village of La Grange.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in general assembly convened, That John Davis, Richard Elles, James Smith Richard Jones, Jesse H. Crooms, William H. Winter, Alexander Sledge, Willie J. Crooms, and Thomas E. Tart, Trustees of the La Fayette Academy in the village of LaGrange, and their successors in office appointed or elected, or to be appointed or elected according to the rules and regulations of said academy be, and they are hereby constituted a body corporate, by the name and style of the Trustees of the La Fayette Academy, and by said corporate name shall have perpetual succession of officers and members to be appointed or elected in such manner an according to such form as may be prescribed by the rules and regulations now existing, or which may hereafter be made, for the government of said corporation; and they may have a common seal, with power to alter and make new the rules and regulations, and said common seal so often as they shall deem expedient.

Sec. 2. And be it further enacted, That said corporation shall be able and capable in law to purchase, have, hold, possess, enjoy and retain to itself in perpetuity, or for any term of years, any estate, real or personal, of what kind and nature soever, and to sell, alien and dispose of the same as they may think proper, and by its said corporate name to sue and be sued, plead and be impleaded in any court of law or equity in this state, and to make such rules and regulations, not repugnant to the laws and constitution of this state or of the United States, as they may deem necessary or expedient, provided that said corporation shall not


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be entitled to have, hold or retain as aforesaid, real or personal estate of an annual value not exceeding six thousand five hundred dollars.

(Approved, January 6, 1826.)

AN ACT To provide for the trial of officers in the militia of 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 hereafter whenever charges shall be preferred against any officer in the militia of this state, a court martial for the trial of such officers shall be detailed in the following manner, to wit:¬If charges shall be preferred against a major general, then it shall be the duty of the governor to detail a court martial for the trial of such officer; if against a brigadier general, then a court martial shall be detailed by the major genera of such brigadier genera; if against a colonel, lieutenant colonel, or major, then a court martial shall be detailed by the brigadier general commanding such officer or officers; if against a captain, lieutenant, or ensign, then a court martial shall be detailed by the commanding officer of the regiment to which such officer or officers may belong.

Sec. 2. And be it further enacted, That the courts martial which may be detailed by virtue of this act, shall consist of not less that five or more than eleven members, the president of which shall be of equal rank with the officer or officers to be tried; and the officer ordering such court martial shall have the power to approve or disapprove of its decision.

Sec. 3. And be it further enacted, That the president and judge advocate of any court martial that may be assembled under this act, shall be designated in the general order of the officer ordering such court; and if the president shall fail to attend, then the senior officer present shall be the president of said court; and if the judge advocate shall fail to attend, then the court martial shall appoint a judge advocate, whose duty it shall be to keep a just and true account of the proceedings of said court, including the evidence, and return the same to the officer ordering the court, by whom the same shall be preserved.

Sec. 4. And be it further enacted, That the president and members of any court martial detailed by virtue of this act, shall take an oath before they enter on the discharge of their duties, impartially, and according to the law and evidence, to decide the case referred to them, and to keep secret the proceedings of said court until the injunction of secrecy shall be removed by the officer ordering the court.

Sec. 5. And be it further enacted, That the judge advocate shall take an oath before he enters on the discharge of his duties, well and truly to discharge his duties as judge advocate according to military duty.

Sec. 6 And be it further enacted, That whenever a vacancy shall hereafter occur in the office of lieutenant colonel the colonel shall, at the request of the major in writing,


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which shall operate as a resignation, be, and he is hereby required to issue a writ of election for the purpose of electing a lieutenant colonel to command the second battalion, which shall be called the first battalion; and the said colonel commandant shall at the same time issue a writ of election for the purpose of electing a major to command the other battalion, which shall thereafter be called the second battalion; which alteration in the number of battalions and the rank of their commanders, shall take place as often as a vacancy may take place in the office of lieutenant colonel.

Sec. 7. And be it further enacted, That it shall be the duty of the governor to employ a suitable person to revise and print the militia laws not in force in this state, as well as the patrol law, and to cause a copy to the same to be distributed to each officer in commission at the time of such distribution.

Sec. 8. And be it further enacted, That whenever it shall so happen that any company in the militia of this state is without any officer or non-commissioned officer, it shall be the duty of the commanding officer of the battalion to which such company may belong, to appoint a sergeant, whose duty it shall be to take the command of said company until some officer is duly elected and commissioned to command the same: Provided however, that if any sergeant appointed by virtue of this act shall neglect and refuse to act, such sergeant shall be fined in the sum of ten dollars, recoverable before a justice of the peace, which shall be applied exclusively to the use of the informer.

(Approved January 14, 1826.)