[80]

An act appointing commissioners to lay out a certain road therein named.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That John Harrison, John Herbert, and Char-


[81]

nock Therp, be, and they are hereby appointed commissioners, who, or a majority of them, are hereby authorized to lay out and mark the nearest and best way for a road to be opened, to begin at such point as they, or a majority of them shall think best, on the new road leading from this state to the state of Georgia, which intersects the old federal road in the creek nation, in the eleventh and twelfth township, and sixteenth or seventeenth range, and from such point of beginning to the town of Cahawba. And in case the said commissioners, or a majority of them, shall find it practicable, that a road may be made on the said direction, it is hereby made their duty to report thereon to the next meeting of the Legislature.

(Signed) JAMES DELLET

Speaker of the House of Representatives

THOMAS BIBB

President of the Senate

Approved-December 4, 1819

(Signed) WM. W. BIBB

_____

An act for the inspection of lumber and certain other articles 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 county court of any county in this state, in which a port of entry is now or hereafter may be established, are hereby authorized and empowered to appoint one or more fit and suitable persons, as Inspectors of tar, turpentine, pitch, rosin, and lumber.

Sec. 2. Be it further enacted, That each inspector, before he enters upon the duties of his office, shall enter into bond, with two good and sufficient securities, to be approved by the said court, payable to the Governor for the time being and his successors in office, in the sum of one thousand dollars, for the faithful performance of the duties of his office, and likewise shall take and subscribe to the following oath: "I, ___ ___, do solemnly swear (or affirm), that according to the best of my abilities, I will comply with, and faithfully fulfill, the duties of inspector, according to law. So help me God."

Sec. 3. Be it further enacted, That all staves for exportation shall be made of good and sound timber, free of worm holes, and shall be of the following qualities and dimensions, viz:-Each pipe stave shall be made of white oak, fifty-four inches long, three inches wide, and one inch thick at the thin edge, free of sap, each white oak hogshead


[82]

stave shall be forty-two inches long, three and one half inches wide, and not less than seven eighths of an inch thick at the thin edge, and free of sap; each red oak hogshead stave shall be forty-two inches long, three and a half inches wide, and not less than three fourths of an inch thick at the thin edge:-Each hogshead heading shall be made of white oak, thirty-two inches long, five inches wide, and not less than one inch thick at the thin edge, and free of sap: each white oak barrel stave shall be thirty-two inches long, three and a half feet wide, and not less than three fourths of an inch thick at the thin edge, and free of sap; each red oak barrel stave shall be thirty-two inches long, three and a half inches wide, and not less than one inch thick at the thin edge- each barrel heading shall be made of white oak, nineteen inches long, six inches wide, and not less than three fourths of an inch thick at the thin edge and free of sap. Each and every barrel of pitch, or rosin shall be hooped with six good hoops on each end, and shall weigh three hundred and twenty pounds gross; each barrel of tar and turpentine shall be in good barrels, made of seasoned timber, and shall be bound with seven good hoops on each end, shall be well packed, free of water, strained, and clear, without chips, filth, or dirt, and shall contain thirty-two gallons.

Sec. 4. And be it further enacted, That each inspector appointed as aforesaid, shall brand his name, at full length, and place of residence, on one head of each and every barrel of pitch, rosin, tar, and turpentine, that he may inspect and pass as merchantable, according to the requisitions of this act; he shall also keep a book, in which he shall enter the quantities of each and every article by him inspected and passed, the name of the person for whom the same was inspected, and his place of residence; and shall give a certificate of the same when required, after the fees of inspecting the same shall have been paid him, charging for said certificate twenty-five cents. It shall, moreover, be the duty of each and every inspector, appointed under the provisions of this act, to have and keep a brand for the purpose; and each and every barrel of pitch, rosin, tar, and turpentine, that he may be called to inspect, and which shall not be competent to contain the quantities, as before required in the third section of this act, or in a barrel in which he may discover any intentional fraud or neglect, in the manufacture or putting up of the same, to brand on each head and hung stave, the word "condemned."

Sec. 5. Be it further enacted, That if any person or persons shall export, or attempt to export, from any port or place in this state, to a port or place in another state or foreign port, any of the articles above enumerated, not having been inspected according to the true intent and mean-


[83]

ing of this act.- or shall attempt to export any that have been condemned by any inspector, shall forfeit the whole of the article or articles so attempted to be exported; to be recovered by action of debt, in any court having jurisdiction of the same, the one half of the proceeds thereof to the use of the person suing for the same, the other half to the State.

Sec. 6. Be it further enacted, That the inspectors aforesaid shall receive for the services the following fees, viz: For inspecting pipe staves, and white oak hogshead staves and heading, per thousand, fifty cents; for inspecting red oak hogshead staves, red oak barrel staves, and white oak barrel staves, and heading, per thousand, twenty-five cents; for inspecting and branding pitch, rosin, tar, and turpentine, per barrel, six and a quarter cents.

Sec. 7.Be it further enacted, That should any inspector have reason to suspect a fraud, in any barrels of pitch or rosin that he may be called to inspect, it shall be his duty and he is hereby authorized, to cut open any number of barrels, not exceeding one for every ten of the whole number so suspected: and upon finding the same partly filled with any thing other than pitch or rosin, with intent to defraud, in that case, the whole number shall be condemned, and branded accordingly with the word "condemned:" And the said inspector shall sell, or cause the same to be sold, at auction, within five days and the net proceeds thereof pay into the treasury of the State; And is hereby required to keep a true and faithful account of the same, in a book for the purpose, and shall be allowed five per centum on the proceeds of all such condemned articles.

Sec. 8. Be it further enacted, That if any inspector, appointed as aforesaid, shall knowingly and willfully fail to comply with the duties and requisitions of this act, or shall pass as merchantable any of the before enumerated articles, other than is expressly permitted and required by law shall forfeit and pay the sum of two hundred dollars, to be recovered by action of debt, in any court having jurisdiction of the same, the one half of the person suing for the same, the other half to the state; and the county court shall thereupon displace him from the office of the Inspector: Provided, That no person shall be eligible to hold the office, or exercise the duties of the inspector, of any article or articles that he may buy, sell, and traffic in the same.

Sec. 9. Be it further enacted, That this act shall take effect the first day of September next.

(Signed) JAMES DELLET

Speaker of the House of Representatives.

THOMAS BIBB

President of the Senate

Approved-December 17, 1819

(Signed) WM. W. BIBB


[84]

An act to provide for the sale of lots in the town of Cahawba 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 Governor be, and he is hereby authorized and invested with full power, to lay off an additional number of lots in the town of Cahawba, not exceeding two hundred; and expose to sale the whole or any part thereof, under the same rules and regulations, as are prescribed by the act, entitled, "An act providing for the temporary and permanent seat of government," passed the twenty-first day of November eighteen hundred and eighteen."

Sec. 2. And be it further enacted, That it shall be the duty of the Governor, as aforesaid, to deposit in the office of Secretary of State, an accurate delineation of the plan of said town, designating the respective reservations, and for what purposes.

Sec. 3. And be it further enacted, That the Governor, as aforesaid, shall select and reserve one square for the use of an academy, one square for a court house and other public buildings for the county of Dallas, and four lots for Churches; and the said squares and lots, when so selected and reserved, shall be, and are hereby declared, granted and set apart for those purposes respectively.

Sec. 4. And be it further enacted, That the lot or parcel of land, numbered one hundred and fifty-one in the plain of the town as now laid off, be, and the same is hereby, appropriated and set apart, for the erection of such buildings for the accommodation of the Executive, as the general assembly may hereafter deem necessary and proper.

Sec. 5. And be it further enacted, That John Taylor sen., Alexander Pope, Walter O. Beckley, John Howard, John W. Rinaldi, and Thomas Casey, be, and they are hereby appointed commissioners whose duty it shall be, under the directions of the Governor, to take charge of the lands and property belonging to the state, within the limits of said town, and to rent annually the ferries and such portions of said lands as are cleared, in such manner and such conditions, as to them may appear best calculated to promote the public interest and make report to every annual Legislature, within the two first weeks of their session.

Sec. 6. And be it further enacted, That if any person or the slave of any person, shall cut down, or kill any tree or trees on the land aforesaid, without leave in writing of the commissioners aforesaid, shall forfeit and pay a sum not exceeding ten dollars, for every tree so cut down or killed


[85]

to be recovered with costs before any Justice of the Peace; and the said commissioners are expressly enjoined to prosecute any and every person so offending.

Sec. 7. And be it further enacted, That the above named commissioners or a majority of them be, and they are hereby appointed commissioners on the part of the state, to contract with any person or persons for building a bridge across the Cahawba river, at such point within the limits of the town of Cahawba, as they may deem best calculated to enhance the value of the lots, lying between the Alabama and Cahawba rivers; Provided, said bridge can be built without obstructing the navigation of said river.

Sec. 8. And be it further enacted, That a sum not exceeding four thousand dollars be, and is hereby appropriated to defray the expenses of building said bridge, which sum of money shall be raised from the sale of lots hereafter to be made in said Town.

Sec. 9. And be it further enacted, That said commissioners shall give at least sixty days notice in two of the public newspapers of this state, of the time and place letting said bridge; and the said commissioners shall so soon as said bridge may be completed agreeable to contract receive the same and report thereon to the governor of this state, whose duty it shall be to pay said undertaker or undertakers agreeable to contract, out of any monies raised as above directed ; and the said undertaker or undertakers shall be bound to keep said bridge up and in good order for the term of seven years.

(Signed) JAMES DELLET

Speaker of the House of Representatives

THOMAS BIBB

President of the Senate

Approved-December 4, 1819.

(Signed) WM. W. BIBB

_______

An act prescribing the manner in which the oath of office shall be administered to the Governor of this State, and certain other officers 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 oath or affirmation required by the first section of the sixth article of the Constitution of this State shall be administered to the Governor, by the Speaker of the House of Representatives, in the presence of both Houses of the General Assembly.


[86]

 

Sec. 2. And be it further enacted, That at the first session of the General Assembly of this State, after every general election, the oath or affirmation prescribed by the Constitution, shall be administered to the Members of the House of Representatives, by a Justice of the Inferior Court or some acting justice of the peace, in the Representative Hall; and the Speaker shall administer the oath to the clerk, previous to entering on any other business, and to the members who shall afterwards appear, previous to their taking their seats. The President of the Senate for the time being, shall also administer the said oath or affirmation to each Senator, and also to the Secretary of the Senate, previous to his entering on the duties of his office. And whenever a President of the Senate shall be elected, the same oath or affirmation shall be administered to him, by any one of the members of the Senate.

Sec. 3. Be it enacted, That all other officers elected, or appointed, or who shall be elected or appointed under the authority of this State, shall, before they act in their respective offices, take the oath or affirmation, prescribed as aforesaid, which shall be administered by any judge or justice of the peace; the person so administering the oath, hereby required to be taken, shall cause a record or certificate to be made, specifying the day and year the same was taken, which said record or certificate shall be, by said judge or justice, deposited with the clerk of the circuit court of the county, in which the same shall have been taken. Provided, That the record or certificate of the oath or affirmation, which shall be administered to the Secretary of State, Attorney General, Solicitors, and Judges of the several circuit courts, shall be deposited in the office of the Secretary of State.

Sec. 4. And be it further enacted, That any officer or officers failing to comply with the provisions of this act, shall forfeit and pay the sum of five hundred dollars, one half to the treasury of this State, and the other half to the use of the person who shall sue for the same.

(Signed) JAMES DELLET

Speaker of the House of Representatives

THOMAS BIBB

President of the Senate

Approved-November 9, 1819

(Signed) WM. W. BIBB

_______

 

An act affixing Salaries to certain offices within the State of Alabama.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly


[87]

convened, That the several officers hereinafter named, shall receive annually, and payable quarter yearly, for all the duties required of them by law, the following sums, to wit:

The Governor, two thousand five hundred dollars;

The Judges of the Circuit Courts each, one thousand seven hundred and fifty dollars;

The Attorney General, six hundred and twenty-five dollars:

The several Solicitors, two hundred and fifty dollars each, with such fees or perquisites of office as may be by law allowed

The Secretary of State, one thousand dollars, with such fees as may be allowed by law;

The Comptroller, one thousand dollars;

The Treasurer, one thousand dollars.

(Signed) JAMES DELLET,

Speaker of the House of Representatives

THOMAS BIBB

President of the Senate

Approved-December 13, 1819

(Signed) WM. W. BIBB

_______

 

An act to authorize Justices of the Peace to receive the acknowledgment and probate of deeds, and relinquishment of dower.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened. That, hereafter, any two justices of the peace may take the acknowledgment or probate of deeds, and the relinquishment; of right of dower by femes covert, in the same manner, and under the same regulations, that judges, justices of the quorum, or clerks of the courts, are now authorized to take such acknowledgment, probate, or relinquishment; and the certificate of such justices of the Peace, that such acknowledgment, probate, or relinquishment, has been taken by them, shall be as available in law, and such deed shall be admitted to record thereon, in the same manner and under the same regulations, as if the acknowledgment, probate, or relinquishment of dower, had been made, and a certificate thereof given, by a judge, justice of the quorum, or clerk of a court.

(Signed) JAMES DELLET

Speaker of the House of Representatives

THOMAS BIBB

President of the Senate

Approved-Dec. 17, 1819

(Signed) WM. W. BIBB


[88]

 

An act to enable the Governor to ascertain the quality and value of certain lands in this State.

SECTION 1. Be it enacted by the Senate and the House of Representatives of the State of Alabama, in General Assembly convened, That the Governor be, and he is hereby authorized to employ one or more persons to examine and report to him, the quality and the value of the lands in such parts of this State, which have not yet been sold, as he may designate.

Sec. 2 And be it further enacted, That a sum not exceeding five hundred dollars, be, and the same is hereby appropriated for that purpose, to be paid out of any monies in the treasury, not otherwise appropriated.

Sec. 3. And be it further enacted, That the person or persons employed, pursuant to this act, shall take the following oath, to be administered by any justice of the peace; "I, ___ ___, do solemnly swear (or affirm) that I will examine, and true report make, relative to the quality of the unsold lands in this State, so far as I am instructed, to the best of my skill and ability. So help me God."

(Signed) JAMES DELLET

Speaker of the House of Representatives

THOMAS BIBB

President of the Senate

Approved-November 19, 1819

(Signed) WM. W. BIBB

_______

 

An act to amend the several acts concerning the trial of Slaves.

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 Justices of the Inferior court of every county or incorporation, shall be Justices of Oyer and Terminer, for trying slaves in this state charged with treason, felony or other crimes and misdemeanors of a higher grade than petit larceny, which trials shall be before any three or more Justices of the court aforesaid, and by a jury of twelve good and lawful men of the vicinage, where such crime shall have been committed.

Sec. 2. And be it further enacted, That whenever any slave shall be brought before a justice of the county court,


[89]

or the peace, for the commission of any offence against the penal laws of this state, of a higher grade than petit larceny, if the justice after examination should think, there are just or probable grounds of suspicion of the guilt or criminality of the offender, he shall immediately commit such slave to jail, and he is hereby empowered and directed to issue summons to the sheriff of the county, to summons the justices of the county court, and a jury of twelve good and lawful men of the vicinage, to meet at the court house of said county, neither of whom shall be master of said slave or related to the master or prosecutor of such slave, in any degree, which would be a cause of challenge to a juryman in a trial of a free person; and such court and jury shall proceed in the trial of such slave without presentment or indictment, and no slave shall be condemned, unless he be found guilty by a jury, after allowing him or her counsel in his or her defence whose fee amounting to ten dollars shall be paid by the owner of the slave: Provided always, That when judgment of death shall be passed upon such offender, there shall be thirty days (at least) between the time of passing judgment and the day of execution, except in cases of conspiracy, insurrection, or rebellion.

Sec. 3. And be it further enacted, That all acts and parts of acts, not repugnant to the provisions of this act, shall be, and the same are hereby continued in full force.

(Signed) JAMES DELLET

Speaker of the House of Representatives

THOMAS BIBB

President of the Senate

Approved-Dec. 17, 1819

(Signed) WM. W. BIBB

______

An act to raise a revenue for the support of Government for the year 1820.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That all lands in this State subject to taxation, shall belong to one class, the first quality of which shall be rated at six dollars per acre, the second quality at four dollars per acre, and the third quality at two dollars per acre; and the owner or person subject to pay taxes for the same shall, when he or she shall give in a list of his or her lands, state on oath, to which quality his or her lands belong.

Sec. 2. And be it further enacted, That the sum of twenty-five cents for every hundred dollars value, be paid on all lands within this State which have been cleared out of


[90]

the Land office, or to which a complete title has been obtained by the owner; and the tax on all land purchased of the United States, shall be proportioned to the number of installments paid by the proprietor at the time of the assessment, as well as to its class or quality, and if one installment only, be paid to the government, one fourth only of the amount of tax accruing by the laws of the State on land of the same quality, shall be assessed or collected, and in like proportion when a second or third installment shall have been paid.

Sec. 3. And be it further enacted, That the sum of twenty five cents be paid for every hundred dollars value of all lands, lots, or buildings within any city or town, to be estimated by the person giving in the same, upon oath; and thirty cents for every hundred dollars on the amount of merchandize sold within the year immediately preceding the first day of January in each and every year, to be estimated by the owner, or in his absence by the principal clerk, giving in the same on oath; and for every slave, not exempted from taxation by law, over ten years old, seventy-five cents; for all free males above the age of twenty-one years, and not exceeding forty-five, twenty-five cents; for all pleasure carriages, two per centum on every hundred dollars of their estimated value, to be ascertained by the oath of the party giving in the same to the assessor; for every tavern licence or leave to retail spirituous liquors, fifteen dollars; for every horse kept exclusively for the saddle or pleasure carriage one dollar, and for every race horse five dollars; for every public race track twenty dollars; for every stud horse or jack-ass twice the amount for which such stud or jack may stand by the season; and all neat cattle which may be owned by any one man over forty, two cents per head; for every billiard table kept for play, one hundred and fifty dollars; for each licence granted to every hawker or pedlar, fifty dollars; on all goods sold at auction other than those which are exempted by law, two per centum on the amount of sales; on every practicing attorney, five dollars; for every practicing physician, five dollars; for every gold watch kept for use, one dollar; for every silver watch kept for use, fifty cents; and for every clock kept for use, one dollar.

Sec. 4. And be it further enacted, That on all shares of Bank stock in the Planters' and Merchants' Bank in the town of Huntsville, held by any individual, partnership or body corporate, and all shares held by any individual, partnership or body corporate in the Tombeckbe bank in the town of St. Stephens, and on all shares held by any individual, partnership or body corporate, in any other bank in this state there shall be levied and collected yearly, a revenue at the rate of fifty cents on each share of one hundred dollars and the president and directors, or cashier, on ma-


[91]

king out their last dividend of each preceding year, shall return the said amount of taxes and pay the same into the treasury of this State, and shall produce the treasurer's receipt on or before the first day of January in every year; and on failure thereof, the president and directors of said banks, or any number of them in their individual capacity, shall pay to the state one thousand dollars, to be recovered on motion, in the Supreme court, by notice from the comptroller of public accounts, given the president of said bank so making default, as in case of collectors or other public debtors.

Sec. 5. And be it further enacted, That when the time shall have expired, within which, the lists of taxable property are to be received, it shall be the duty of the assessors of taxes, to ascertain whether there be any lands or town lots within their respective counties, sold under the authority of the United States, previously to the first of September last, which have not been assessed; and in case any such be found, which have not been forfeited, he shall assess the same according to the rule of assessment prescribed by law on town lots and lands for which a complete title has been obtained, and they shall be doubly taxed.

Sec. 6. And be it further enacted, That the collectors of taxes in the several counties, shall at the times and in the manner prescribed by law, make distress and sale of the goods and chattels, lands and tenements, of all delinquents, and in the case of taxes assessed, in the manner directed in the preceding section on lands or town lots, to which a complete title has not been obtained, in which other property sufficient to satisfy the taxes due, together with all costs and charges accruing thereon, cannot be found, it is hereby expressly made the duty of the respective collectors of taxes, to give notice by advertisement at the door of the court house of the proper county, and at two other public places within the county, that on a certain day (which shall be at least thirty days after the date of such advertisement) he shall proceed to the premises, and offer for rent the town lot or lots, or so much of the land (as the case may be) and for such term as may be necessary, to satisfy the taxes due and costs and charges thereon. And he shall accordingly, on the premises, offer for rent to the highest bidder, until the first of January succeeding the January immediately ensuing, the town lot or lots, or such portions of the lands (as the case may be) as he may designate, beginning in the case of the lands, with ten acres and adding ten thereto, as often as may be necessary to obtain a sufficient sum to satisfy the taxes and costs: and in case the town lot or lots, or lands cannot be rented for a sufficient sum, or on the terms aforesaid, they shall be offered for two years from the first of January immediately ensuing, or until a complete title to the same shall be pro-


[92]

duced, or the same shall be forfeited to the United States: Provided, that the production of a complete title shall, in every case aforesaid, entitle the owner to possession of the premises, upon reimbursing the amount paid for taxes, and charges thereon, to the party by whom such payment has been made and saving to the occupant the crop which may be on premises; and should the rent in any case exceed the amount of taxes and charges, the rightful claimant of the town lot or lots, or land (as the case may be) shall be entitled to the overplus.

Sec. 7. And be it further enacted, That the collectors of taxes respectively, shall by an instrument of writing, convey to the party renting the premises aforesaid, the use thereof, for and during the time for which they were rented, and shall in addition to the compensation allowed by law, be entitled to receive two dollars for executing every such instrument of writing, and such instrument conveying the use of the premises as aforesaid shall be good and effectual both in law and in equity; Provided, That whenever the tax collector shall find the tenant in possession, who may refuse to pay thus taxed and unpaid, he shall have full power to proceed instanter, in the same manner as authorised in the case of forcible entry and detainer, and the refusal of the tenant in possession, to render peaceable possession of the premises, on demand, shall be considered as evidence of forcible detainer.

(Signed) JAMES DELLET

Speaker of the House of Representatives

THOMAS BIBB

President of the Senate

Approved-Dec. 16, 1819

(Signed) WM. W. BIBB

________