An act to establish the town of Courtland in Lawrence county.
Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the town of Courtland in the county of Lawrence, be and the same is hereby established, in conformity with the place adopted by the Trustees of the Courtland company.
Sec. 2. And be it further enacted, That there shall be holden in said town of Courtland, an election, on the fourth Friday of December next, and on that day in each and every year, from the hour of ten o'clock in the forenoon, until the hour of four o'clock in the afternoon, for the purpose of electing five persons, inhabitants, and lot holders of said town, trustees thereof, a majority of whom shall at all times constitute a quorum to do business; also a town Treasurer, Assessor, Collector, and Town Constable, to serve for one year: and the said Trustees shall meet on the day next succeeding the term of election, and choose from among themselves, a President, who shall preside and keep order at all meetings of said Trustees: and the President
of the trustees is hereby vested with all the powers, privileges, and duties of a Justice of the Peace, within the corporate limits of said town.
Sec. 3. And be it further enacted, That Robert B. Cairy, Thomas Woolridge, Ira Carlton, Benjamin Thomas, and Gideon G. Williams, or a majority of them, are appointed managers of the first election for officers of said Town; and the Trustees that may be in office at all subsequent elections, shall be the managers of the same. All officers of said Town shall continue to act, until their successors be duly elected and qualified: and all free white male citizens of said Town, of the age of twenty-one years and upwards, who may have resided therein three months next preceding any annual election, shall be deemed a qualified elector to vote for officers of said town.
Sec. 4. And be it further enacted, That the Trustees and other officers elected for the government of said Town, shall severally, take an oath, faithfully and impartially to discharge the duties of their respective offices, so long as they continue in the same: and the said Trustees and other officers of the Town of Courtland, shall proceed in the same manner, possess the same powers, and be subject to the same restrictions, that are pointed out for the government of the Trustees and other officers of the Town of St. Stephens.
An act to incorporate the town of Claiborne in the county of Monroe.
Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That all that tract of land, which has been, or shall be reserved, under the authority of the United States, for the purposes of a Town, including the place know by the name of Fort Claiborne, lying on the east side of the Alabama river, in the county of Monroe, shall be deemed and taken to be within the limits of the town hereby incorporated.
Sec. 2. And be it further enacted, That on the first Monday in January next, and in each and every year thereafter on the same day, an election by ballot for seven Coun-
cillors shall be held, at some convenient and public place in said town, who shall serve for the term of one year after they shall have been elected: the first election shall be conducted and managed by John Bell and James Simpson: and all subsequent elections shall be conducted by two of the councillors so elected, who shall, on the next day after such election, in each and every year, meet and elect by a majority of votes, from their own body, an Intendant, whose duty it shall be to preside and keep order at all meetings of the said councillors, and in his absence or incapacity any other member may be called to the chair; and the said councillors shall be, and they are hereby constituted a body corporate, by the name of The Intendant and Council of the Town of Claiborne; and by the name they and their successors in office shall be capable in law of suing and of being sued, of pleading and being impleaded, in all manner of suits either in law or equity; also to have and keep a common seal, and the same to keep, alter and amend at pleasure, and in general to do all acts which are incident to bodies corporate, and to purchase, hold, and dispose of, for the benefit of said town, real, personal, or mixed property, to the amount of ten thousand dollars.
Sec. 3. And be it further enacted, That the said Corporation shall have power to pass by-laws and ordinances, necessary, to preserve the health of said town, to prevent and remove nuisances, to establish night watches and patrols, to establish, alter and ascertain new streets and alleys, (with the consent of the proprietors of lots or houses adjoining such streets and alleys) to provide for licensing, taxing, regulating, and restraining theatric amusements and shows within said town, to clear and keep in repair the streets and alleys, to have general control and superintendence over the springs and wells of said town, to establish necessary inspections, and regulate markets and the assize of bread, to regulate the conveyance of water from the vicinity into said town, and in general to pass such by-laws, not contrary to the constitution of this State and the laws thereof, as the said corporation aforesaid shall, from time to time deem expedient and necessary; to carry into effect the intent and meaning of this act, and to put into execution, to revoke, and to alter, as the said corporation shall deem expedient; the said corporation shall also have power to appoint a Treasurer, Assessor, Collector, and Constable, and such other officers as they may think necessary, and by ordinance to require such security from the said officers, to impose such fines for neglect of duty in office not exceeding fifty dollars, as they shall deem necessary. They are hereby also empowered to lay such
fine or fines (not exceeding ten dollars) for a breach or breaches of their by-laws, as they may deem proper; and all fines by them imposed, shall be sued for, in the name of the corporation, before any justice of the peace, and the money so recovered, shall be paid to the treasurer, for the benefit of said town: Provided, That this act, and all the by-laws and ordinances of the said corporation, shall, at all times, be subject to revision or repeal by the General Assembly.
Sec. 4. And be it further enacted, That the said corporation shall have the power and authority, annually, to levy and assess a tax not exceeding one per centum, upon the value of all the real property in said town, to be assessed by the assessor, according to such regulations as they may deem necessary and proper; they shall also have power to lay and collect a poll tax, not exceeding two dollars for each white male inhabitant of said town, above the age of twenty one years: Provided, he shall have resided within said town, three months immediately preceding the time and tax shall have been levied: they shall have power, also, to lay and collect a tax, on all four wheeled pleasure carriages: also, on carts, waggons, drays, or other vehicles for transportation, which are employed in transporting for pay or compensation, any article whatsoever, from one place to another within the limits of said Town; and also, on all retailers of spirituous liquors, if not exceeding ten dollars per annum; and also, the power of taxing billiard tables.
Sec. 5. And be it further enacted, That should the sum or sums so assessed and collected, be deemed by said incorporation, insufficient for the supply of said town, the Intendant thereof is hereby authorized, by and with the advice of two of said Councillors, to call a meeting of the inhabitants of said town, qualified to vote aforesaid, by giving five days previous notice thereof, and specifying the object of said meeting: and the said meeting shall have power by a majority of votes, to order further sum or sums to be raised, as may be deemed expedient, to be assessed, collected, and paid, as the said corporation shall direct.
Sec. 6. And be it further enacted, That when vacancies shall happen in the board of Councillors, by death, resignation, or otherwise, such vacancy shall be filled by the board; and the member or members so added, shall continue in office, until the succeeding annual election.
Sec. 7. And be it further enacted, That should the elections not take place on the day fixed on, of councillors, the board shall not for that cause be dissolved, but the incumbents shall remain in office, until their successors are elected, and it shall be the duty of the board, to fix some other day as early as convenient, within one month thereafter
on which day, two of the Councillors shall attend, and hold an election for Councillors.
Sec. 8. And be it further enacted, That the said Intendant and council shall appoint a clerk, whose duty it shall be, to keep a fair record of their proceedings, and to publish the same and all laws and ordinances, in some public newspaper, or at three several public places in said town.
Sec. 9. And be it further enacted, That the Intendant and Councillors first appointed, and their successors in office shall, severally, before they enter on the duties thereof, take an oath before some person qualified to administer the same, that they will faithfully discharge the duties to them committed. without favour or partiality; a certificate of which oath shall be filed with the clerk of the board of commissioners.
Sec. 10. And be it further enacted, That all white male persons, above the age of twenty-one years, who shall have resided within the limits of said town three months immediately preceding and election for councillors, and all landholders and householders therein, shall be deemed qualified electors at such election.
An act to incorporate 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 inhabitants of the town of Mobile, be constituted a body politic and corporate, by the name of The Mayor and Alderman of the city of Mobile, and by their corporate name, may sue and be sued, implead and be impleaded, grant and receive and do all other acts as natural persons, and may purchase and hold real, personal, and mixed property, not exceeding at any one time fifty thousand dollars, or dispose of the same for the benefit of said city, and may have and use a city seal, which may be broken or altered at pleasure.
Sec. 2. And be it further enacted, That the limits or boundaries of the city of Mobile, shall be as follows: Commencing at Choctaw point and running in a straight direction, to the western banks of the Bayou Chotage, at a point lying two hundred yards above the place on said Bayou
Chotage called the Portage: thence down the western bank of said Bayou, to it's mouth, thence in a straight line, to the west bank of the island, in front of Mobile; thence along the margin of said island, to the south point of said island, and thence in a straight line, to the place of beginning.
Sec. 3. And be it further enacted, That the said Mayor and Alderman shall have full power to appoint a clerk to the corporation, a treasurer, an inspector, or inspectors of streets, lanes and alleys, fences, yards and all out houses, three police constables, an assessor, a collector of taxes, an attorney to the corporation, and all other officers necessary to carry into effect this incorporation.
Sec. 4. And be it further enacted, That the said corporation of the city of Mobile, consisting of Mayor and Aldermen, shall be constituted of seven members, residents of the city, and over the age of twenty-one years, and each of whom shall be possessed of a freehold estate within the limits of said city: the said Aldermen to be elected, annually, by ballot in a general ticket, by the free white male inhabitants of the age of twenty-one, being freeholders within the city, or, who have resided in the city twelve months, and paid taxes therein the year preceding that, in which the election shall be held, and have rented a tenement or separate room, six months immediately preceding the said election. The commissioners of the town of Mobile, in office when this act shall go into operation, shall appoint three inspectors or judges, to preside at the first election of Aldermen, whose certificate, stating the number of votes taken, and who are the seven highest on the list (and said certificate being filed in the clerk's office of the commissioners of the town of Mobile,) shall be conclusive, as to who are elected Aldermen for said city, and at all elections subsequent to the first, the Mayor and the Alderman for the time being, shall appoint the said three inspectors or judges to preside at the elections, whose certificate, as aforesaid, shall be conclusive, being filed with the clerk of the Mayor and Aldermen of the city of Mobile; and the said inspectors or judges shall have full power and authority to keep order at the place of holding the said elections, and to commit to the jail of the county, for the space of forty-eight hours, any person who shall attempt to make, or make, any disturbance at the place of holding the said elections, so as to interfere with the peaceable and orderly conducting of said elections; and the sheriff of the county of Mobile, and the police constables, appointed by the Mayor and Aldermen of the city of Mobile, are hereby commanded to obey and carry into execution, all process issued by the said judges or inspectors, as aforesaid, in pursuance of this act; and the said inspectors or judges shall give ten days public notice, by advertising in some public news-
paper, printed within the said city of Mobile, or by posting up such notice in two of the most public places within said city, of the time and place of holding the said elections, which said place must be within the incorporated limits of the city of Mobile, and if there should be an equal number of votes, between any two persons or more, who shall be voted for at the regular elections for Aldermen, so as to prevent the election of the whole number designated by this act, the said judges and inspector shall declare the fact, and issue notices for a new election, in the same mode as for the regular elections, to supply the places of those who may have an equal number of votes. And in case of the death, continued absence for four months, resignation, or removal, of any one who shall be elected Alderman, an election, in the mode prescribed by this act, shall take place, to supply the vacancy. That the first election shall take place on the second Monday of February in the year eighteen hundred and twenty, and that the regular subsequent elections shall be on the first Monday of December in each year, and that in three days subsequent to each election, each person who shall be elected, shall take the following oath, before any justice of the peace or judge of any court within the country of Mobile; "I______ do solemnly swear, that I will truly execute the duties of Alderman, as prescribed by the act incorporating the city of Mobile.' And that immediately after the said oath shall be taken, the said Aldermen shall meet at some convenient place, within the incorporated limits of the said city of Mobile, and there organize, and, by vote viva voce shall proceed to elect a Mayor from their number; and he who shall have the highest number of votes, shall be declared Mayor for the succeeding year; and that four members present shall constitute a quorum to do business.
Sec. 5. And be it further enacted, That polls for said election of Aldermen, shall be kept open, from eight o'clock in the morning until six o'clock in the evening, and no longer, for the reception of ballots, on closing the polls, the judges shall close and seal the ballot boxes, and meet at ten o'clock in the morning of the day following, and in a public manner the seals shall be broken and the ballots counted: and when the certificate of the said Judges and Inspectors or inspectors as aforesaid, shall be as aforesaid filed, the clerk with whom the said certificate shall be filed, shall immediately give a written notice to each person certified, of his having been elected as aforesaid.
Sec. 6. And be it further enacted, That the said Mayor and Aldermen, or a majority of them, shall have the power to adjourn their meetings from time to time, unless sooner called together by a written notice from the Mayor, designating the time and place of holding each meeting; they shall
keep a journal of their proceedings, and enter the yeas and nays on any question, resolve, or ordinance, at the request of any member; and their deliberations, shall be public.
Sec. 7. And be it further enacted, That the Mayor and Alderman aforesaid, or a majority of those present, shall have full power and authority to pass all by-laws and ordinances, to regulate the stationing, anchorage, and mooring of vessels within their jurisdiction; to prevent and remove nuisances, to prevent the introduction of contagious or infectious diseases within the said city, by regulating the approach vessels having sick on board, and the landing the sick, or of articles calculated to produce disease, and by providing one or more places for the reception of the sick, or by any other lawful means whatsoever to establish night watches or patrols and erect lamps; to provide for licencing and regulating retailers of liquors within the limits of the said incorporation, and the annulling the same on good and sufficient complaint being made against any person holding such licence: for the regulating of hackney carriages, waggons, carts, and drays, and for licencing the same; and for the regulating of pawn brokers within the city, to restrain or prohibit gambling and to provide for licencing and regulating theatrical and other public amusements within the city; to regulate and establish markets, and to rent out the stalls in the same, and to prohibit the selling of meats, poultry, fish, or game, except at the public market or markets; to erect and repair bridges; to keep in repair all necessary streets, avenues, drains, and sewers, and to pass regulations necessary for the preservation of the same: to provide for the licencing and regulating the sweeping of chimneys and fixing the rates thereof: to establish and regulate fire wards and fire companies; to sink wells and erect and repair pumps in the streets; to impose and appropriate fines, penalties and forfeitures for breach of their ordinances or by-laws; to enact by-laws for the prevention and extinguishment of fires, and if necessary to remove or pull down buildings, or fences for the prevention of the spreading of the same; to erect and establish hospitals, or pesthouses, workhouses, houses of correction, penitentiary, and other buildings, for the use of the city, or to join with the county of Mobile in the erection of the same, and to have a joint control over the same with the public authorities of the county, and to lay and collect taxes as prescribed by this act, for defraying the expenses thereof, and for all other necessary purposes; to regulate party and other fences, and determine by whom the same shall be made and kept in repair; to restrain and prohibit the nightly and other meetings to disorderly assemblies of slaves, free negroes and mulattoes, and to punish such slaves by whipping not exceeding twenty stripes, and to
punish such free negroes and mulattoes, and other persons for such offences, by fixed penalties not exceeding fifty dollars for any one offence, and in case of the inability of such free negro or mulatto, or other person, to pay and satisfy any such penalty and cost thereon, to cause such free negro or mulatto, or other person, to be confined to labour for such reasonable time, not exceeding three calendar months for any one offence, as may be deemed equivalent to such penalty and costs, which said labour shall be such as shall be designated by the said Mayor and Aldermen for the general benefit of the said city; to cause all vagrants, idle or disorderly persons, all persons of evil life or ill fame, and all such as have no visible means of support, or are likely to become chargeable to the city as paupers, or are found begging or drunk in and about the streets, or loitering in or about tippling houses, or who can shew no reasonable course of business or employment in the city, all who have no fixed place of residence, or cannot give a good account of themselves, all who are grossly indecent in language or behaviour publicly in the street, and all public prostitutes, or such as lead a notoriously lewd or lascivious course of life, to give security for their good behaviour for a reasonable time, and to indemnify the city against any charge for their support; and in case of their refusal or inability to give such security, to cause them to be confined to labour for a limited time, not exceeding four calendar months, unless such security shall sooner be given, which said labour shall be such as shall be designated by the Mayor and Aldermen, for the general benefit of the said city; and that the labour, so designated by the Mayor and Aldermen, may be carried into effect, they shall have power to appoint a person or persons to take those so confined and sentenced to labour, from their place of confinement, to the place appointed for their working, and watch them while at labour, and return them before sun-down to the place of confinement, and if they should be found afterwards offending, such security may again be required, and for want thereof, the like proceedings may be again had from time to time, as often as may be necessary; to take care of, preserve, remove, designate and regulate, all burying grounds within the city; to licence brokers, and regulate the weight and price of bread, and prohibit the baking for sale, except by those licensed.
Sec. 8. And be it further enacted, That the said Mayor, before he enters on the duties of his office, shall take an oath or affirmation, in the presence of the Board of Aldermen, "lawfully to execute the duties of his office, to the best of his skill and judgement, without favour or partiality."; and the said Mayor, and each of the said Aldermen, shall, ex officio, have and exercise the powers
of a Justice of the Peace within the city of Mobile, so far only, as it relates to carrying into effect all the ordinances, by-laws, and regulations of the corporation. The Mayor shall nominate, and with the consent of a majority of the Aldermen appoint, to all officers under the corporation, except otherwise provided for and any such officer shall be removed from office on the concurrent remonstrance of two thirds of the Aldermen. He shall see that the laws of the corporation be duly executed, and shall report the negligence or misconduct of any officer to the board Aldermen. He shall lay before the board of Aldermen, from time to time, in writing, such alterations in the laws of the corporation as he shall deem necessary or proper, and shall receive for his services, annually, a just and reasonable compensation to be allowed and fixed by the board of Aldermen, which shall neither be increased nor diminished, during the period for which he shall have been elected. In case of the refusal of any Alderman to accept the office of Mayor, upon his election thereto, or his death, resignation, inability, or removal from the city, the said board of Aldermen shall elect another in his place, to serve the remainder of the year.
Sec. 9. And be it further enacted, That the said Mayor and Aldermen shall have power to lay taxes, on both the personal and real estate within the city, as well as a poll tax upon all the inhabitants: Provided, that the said tax upon the personal and real estate, be laid in pursuance of an assessment and valuation of the said personal and real estate, to be made by some discreet person thereto appointed, as assessor, by the said corporation, and which said tax shall be laid in the manner following: The said assessment or valuation, when completed, containing all the property as well as the names of the owners thereof, shall be lodged with the clerk of the corporation; and the Mayor and Aldermen shall assess so many cents on the dollar, making to distinction as to any person, and which said asssessment or valuation (together with the names of the persons liable to taxation) with the tax laid thereon, shall be open for inspection, to all and every person interested therein. And the Mayor and the Aldermen shall give ten days public notice in some public newspaper, printed within the limits of the city if Mobile, that the said assessment or valuation together with the tax laid thereon, is ready for inspection; and if any person shall be dissatisfied with the said assessment or valuation, or laid tax thereon, he, she, or they shall give notice to the Mayor, and the said Mayor shall convene the board of Aldermen, and notice the dissatisfied person or persons of the meeting, who shall have liberty to appear and be heard before the said meeting, touching his objections: and the said Mayor and Alder-
men shall take into consideration the objections be made and shall have power to alter the assessment or valuation, together with the tax assessed thereon, as to them shall seem meet; but, their decision shall be final as to all questions or objections that may be brought before them, in reference to the said assessment or valuation, and the tax assessed thereon as aforesaid. And after twenty days have elapsed, from giving the notice, that the said valuation or assessment, together with the tax assessed thereon, as aforesaid, are ready for public inspection, the said Mayor shall proceed to make out a tax list, annexed to which shall be warrant directed to the collector of the corporation, containing the description of the real estate taxed, together with its valuation and the tax assessed thereon, and also the amount of the personal property valued or assessed to each person, together with the tax assessed thereon, and the name of each person liable to a poll-tax, with the amount of such poll-tax laid: and it shall be the duty of the said collector, to call on each person so taxed, if they can be found within the city, and leave a written notice of the amount of taxes due by such respective individual; and if, within six days after the said notice shall have been left with the said individual as aforesaid, the said tax shall not be paid to the said collector, the said collector shall proceed to distrain the personal property of such individual, by virtue of said warrant, and to advertise the same for sale, (by giving six days public notice, in some public newspaper printed within the city,) to the highest bidder at public auction; and if there be any overplus money, after paying the tax, and costs of seizure and safe, the said overplus shall be returned to the said person, whose personal property was seized and sold; and if the taxes on any real estate shall remain unpaid, for the space of ten days after the delivery of the tax list to the said collector, the said collector shall proceed to publish a descriptive list of the said real estate, together with the names of the owners, if known, as well as the valuation of the said real estate, together with the tax assessed thereon, for the space of two months, in some public newspaper, printed within the limits of the said city; and if at the expiration of the said two months the tax shall remain unpaid, the collector shall return the same to the clerk of the corporation; and the Mayor of the said corporation shall give one month public notice, by publishing in some public newspaper, printed within the limits of said city of Mobile, that the said real estate, or so much thereof as may be necessary to satisfy the tax or taxes, so remaining unpaid, will be sold at public auction to the highest bidder, to satisfy the said tax; and the said Mayor is hereby empowered to convey the said real estate, so sold, to the highest bidder,
by conveyance good and sufficient in law. And the said collector, in twenty days after the said warrant and tax list as aforesaid shall have been delivered to him, shall make return of his proceedings thereon, and pay over all monies collected by him, to the Treasurer of the said corporation, retaining so much as shall be allowed by the said Mayor and Aldermen, as a compensation for his services, and shall receive a receipt from the said Treasurer for the same; and at the expiration of the necessary notice, as to the real estate on which taxes shall remain unpaid, the said collector shall return his warrant to the clerk of the said corporation, together with a specific return of his proceedings thereon. And further, the said taxes, when collected and paid in, shall be appropriated by the said Mayor and Aldermen, for the benefit and improvement of said city, and the comfort, convenience, and safety of the inhabitants thereof: Provided nevertheless, that the taxes so to be levied and collected, shall not exceed in any one year, forty cents for every hundred dollars worth of property.
Sec. 10. And be it further enacted, That all Physicians who may be appointed by the said Mayor and Aldermen, to carry into effect their ordinances, in reference to the preservation of the health of the said city of Mobile, shall be obliged to give their opinions in writing, when thereto requested by the said Mayor and Aldermen, touching any contagious or malignant fever, prevailing within the said limits of the city of Mobile, or any disease, matter, or thing, which may affect the health or lives of the inhabitants of said city.
Sec. 11. And be it further enacted, That the said Mayor shall issue his process, as justice of the peace for the city of Mobile, for all offences committed under this act, and for breach of all or any of the by-laws and ordinances of the said corporation, to the police constables appointed by the said corporation, who shall bring the offenders, in pursuance of the said process, before the said Mayor; and the said Mayor shall proceed to try the offenders, and examine all witnesses that may appear or be subpoenaed before him both on the part of the corporation and the delinquent, and give judgment, as to him shall appear just and legal, and shall receive the same compensation for the same, as other justices of the peace for the like duties: and if the said persons who may be brought before the said Mayor, shall be dissatisfied with the decision of the said Mayor, they may forthwith appeal to the circuit court, in all cases where the judgment shall exceed fifty dollars: and the said person or persons shall give a bond with good and sufficient security to pay and satisfy the judgment with costs, if conformed, of the said Mayor, together with five dollars additional cost,
and the proceedings thereon shall be as prescribed by law, in other cases of appeal.
Sec. 12. And be it further enacted, That the said Mayor and Aldermen shall have power, to fix the compensations of all officers under this act, to be by them appointed
Sec. 13. And be it further enacted, That the said collector, constables, and treasurer, appointed by the Mayor and Aldermen, before they enter on the duties of their respective offices, shall give bonds with good security, to the said Mayor and Aldermen in the penalty of five thousand dollars, conditioned for the true and faithful performance of the duties of their respective offices and which said bond, for any breach of covenant, contained in said bond, may be prosecuted in the name of the said Mayor and Aldermen, as bonds usually are, which are given to incorporated bodies, in any court of record in the county of Mobile.
Sec. 14. And be it further enacted, That all other acts, and parts of acts, heretofore enacted for the government of the town of Mobile, are hereby repealed; saving, so far as the said repeal may interfere with the unfinished business, commenced and progressing under the aforesaid acts.