An act to authorize the laying off and cutting out certain roads therein mentioned.
SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened. That there shall be a road, commencing at the falls of the Black Warrior, and running from thence, the nearest and best route to the town of Cahawba, from thence to the town of Claiborne, and from thence to the town of Blakeley, on the Mobile bay.
Sec. 2. And be it further enacted, That there shall be another road, beginning at the town of Cahawba, from thence to the Choctaw corner, from thence to Coffeeville, from
thence to Washington court house, from the thence to the post road leading from St. Stephens to Natchez.
Sec. 3. And be it further enacted, That the Justices of the Inferior court of each county, through which said roads may pass, shall appoint three commissioners of each road, whose duty it shall be to lay off and mark said roads through their respective counties, and appoint as many overseers on the same as may be necessary, and designate the points between which each overseer is to work, and apportion the hands under the same.
Sec. 4. And be it further enacted, That all persons liable to work on roads, who live within two miles of said roads, shall work thereon.
Sec. 5. And be it further enacted, That so soon as the said overseers shall have completed said roads, the commissioners shall report the same to the next inferior court of their respective counties.
An act to prevent the obstruction of the navigable water-courses in this State.
Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That all water-courses reported to be navigable, or which may hereafter be reported to be navigable, by the surveyor of the United States, employed in surveying lands in this State, shall be and remain free and open.
Sec. 2. And be it further enacted, That if any person or persons have heretofore erected, or shall hereafter erect, any fish dam on any such water-courses, he or they shall open in the deepest channel of said water-courses, where any such dam is, or may be erected, one third of said water-course, including the main channel thereof.
Sec. 3. And be it further enacted, That in case any person or persons shall fail to comply with the provisions of the second section of this act, he shall forfeit and pay for every such offence the sum of twenty dollars, to be recovered before any Justice of the Peace; one half thereof to the use of the person who will sue for the same, the other half to the county where such offence shall be committed.
Sec. 4. And be it further enacted, That if any person or persons shall after this act takes effect, make any hedges, or cut, or cause to be cut, any tree or trees, to fall in said navigable water-courses, he shall forfeit and pay for every such offence the sum of ten dollars, for every day such hedge or tree shall so remain in said water-course, recoverable before any Justice of the Peace, one half thereof to the use of the person who will sue for the same, and the other half to the use of the county where such offence shall be committed.
Sec. 5. And be it further enacted, That this act shall be in force from and after the first day of March next.
An act to provide for examining certain rivers therein named. 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 of this State be, and he is hereby authorized to employ one skillful engineer, and as many assistants as he may deem necessary, whose duty it shall be, under such instructions and regulations as to him may appear proper, to examine from the falls of the Coosa river to Will's creek, from M'Grew's shoals on the Tombecbe, to the falls of the Warrior, from the junction of the Tombecbe with the Black Warrior, to the state line and that from the point where the state line may cross the Buttahatchee, up the same to the military crossing thereof, from the head of the Muscle Shoals to the lower end of Colbert's shoals on the Tennessee, and from Colbert's shoals to where the Alabama state line crosses the Tennessee river below said shoals, from the town of Cahawba to the falls of that river; from the falls of the Warrior to the Mulberry fork, and the nearest and best roads from the Tennessee to each of these points, from the junction of the Alabama with the Tallapoosa, to Line creek; and to report to him as soon as practicable, for the information of the General Assembly, to what extent, in what manner, and at what expense, the navigation of each may be improved; and also to examine the country between the waters of the
Mobile and Tennessee rivers, and to report to him the nearest and most eligible approaches which can be made between the same, and at what expenses, for facilitating the commercial intercourse of this State.
Sec.2 And be it further enacted, That for carrying this act into effect, there shall be, and hereby is, appropriated a sum not exceeding four thousand dollars, to be paid out of any monies arising from the fund appropriated by congress, for the purpose of internal improvement within this State.
An act to alter and amend the laws respecting public roads.
SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the county courts, respectively, are hereby authorized and required to nominate and appoint such persons, from time to time, as they may deem necessary, within their respective counties, who shall apportion the hands, liable by law to work on public roads, among such overseers as they shall direct.
Sec. 2. Be it further enacted, That it shall be the duty of each and every person, liable by law to work on public roads, to furnish, in writing, a list of his name, together, with all the hands he owns, liable as aforesaid, to person or persons so nominated or appointed by the county courts aforesaid, within ten days after being notified so to do, by the person or persons aforesaid; and on failure thereof, shall forfeit and pay six dollars, for each and every hand so liable to work on roads: Provided, nothing herein contained, shall authorize any overseer to compel any such person or persons, so allotted or apportioned him, to labour on any road, some part of which does not lie within five miles of such person or persons' place of residence.
An act to fix the compensation of the members of the General Assembly, and for other purposes 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 President of the Senate and Speaker of the House of Representatives, shall be entitled to receive seven dollars, and each other member of the general assembly five dollars, each and every day's attendance at the general assembly; and shall, moreover, be allowed, at the commencement and end of every session, five dollars for every twenty miles of the estimated distance, by the most usual road, in coming to, and returning home from the place, at which the general assembly shall sit, and in that proportion for a shorter distance: and if any member of the general assembly shall be detained by sickness after leaving home, in coming to, or be unable to attend the house, after he arrives at the place where the general assembly shall sit, he shall be entitled to the same daily allowance.
Sec. 2. And be it further enacted, That the following sums of money be, and the same are hereby, appropriated: for the expenses of the general assembly, thirty thousand dollars: for the payment of the Judges of the circuit courts, eight thousand seven hundred and fifty dollars; for the payment of the attorney general, seven hundred and fifty five dollars; for the payment of the solicitors, one thousand dollars; for the payment of the secretary of state, one thousand dollars; for the payment of the comptroller, one thousand dollars; for the payment of the adjutant general, one thousand dollars; to the quarter-master general, two hundred dollars; to the governor, twenty-five hundred dollars; to Thomas A. Rogers, for stationary and extra services, one hundred and seventy one dollars; to the clerk of the senate, and clerk of the house of representatives, each, seven dollars per day; to the assistant clerks for each branch of the Legislature, five dollars per day; for the door-keepers one to each house, four dollars per day; to be paid out of any monies in the treasury, not otherwise appropriated.
Sec. 3. And be it further enacted, That the sum of ten thousand dollars be, and the same is hereby appropriated, as a contingent fund, subject to the order of the governor; out of which the governor is required to draw on the treasury, for the sums due, or which may fall due, to the officers of the territorial government, pursuant to the constitution.
An act permanently to fix the seat of justice in the county of Lawrence.
Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That a election shall be holden in the county aforesaid, on the first Monday and Tuesday in February next, at the places by law appointed for holding the general elections therein, for the purpose of electing five commissioners, which elections shall, by the proper officer, be conducted, strictly pursuant to the election laws, now in force in this State.
Sec. 2. And be it further enacted, That the commissioners or a majority of them, shall have full power to fix on the site for the public buildings in said county, which site they shall place at the centre thereof, or at the nearest eligible place thereto.
Sec. 3. Be it further enacted, That the commissioners to be elected as aforesaid, or a majority of them, shall have power, and it shall be their duty to contract for, and receive a good and lawful title for not less than three acres, nor more than one quarter section of land, at the place by them fixed on for the seat of Justice aforesaid; which land shall by such commissioners be appropriated, as is hereinafter directed to the erection of the public buildings for the county aforesaid.
Sec. 4. And be it further enacted, That said commissioners, or a majority of them shall have power to contract for all the necessary public buildings for the county aforesaid, shall fix their several constructions, and superintend, reject, or receive the same, when completed.
Sec. 5. And be it further enacted, That the said commissioners or a majority of them, shall give notice in some printed news-paper of the adjacent county, or in the Nashville Whig, and at least five other of the most public places in the different parts of said county, sixty days before letting out of such public buildings, and on the day so notified the said commissioners shall publicly let out the same to the lowest bidder, binding the undertaker or undertakers in a bond of sufficient penalty, and with good security, payable to the said commissioners, for the completion of such public buildings according to the contract of such undertaker or undertakers.
Sec. 6. And be it further enacted, That the commissioners are hereby authorized to sell such lands, as they may acquire, for the benefit of said county, at such credits, and in lots of such dimensions, as they may deem expedient: and should the monies, arising from the sale of such lands, be insufficient to meet the expenditures necessary for the
completion of the public buildings aforesaid, the county court is hereby empowered to lay a tax in said county, on such property as is subject to taxation, not exceeding one fourth of the state tax, to be applied to the purpose of completing the public buildings aforesaid.
Sec. 7. And be it further enacted, That the commissioners shall be allowed adequate compensation for their services, to be fixed by the county court, who shall draw in favour of such commissioners, on the county treasurer, for the amount, who shall pay over such amount accordingly.
Sec. 8. And be it further enacted, That should a purchase of land be made as contemplated, and the sales thereof transcend the amount necessary for the completion of the public buildings, and the allowance go to the commissioners, such surplus shall, by those commissioners, be paid forthwith into the hands of the county treasurer, subject to the order of the county court for the county purposes.
Sec. 9. And be it further enacted, That the commissioners to be chosen under this act, shall, previous to their entering on the duties assigned them, take and subscribe the following oath: "I___ ___, do solemnly swear, that I will accordingly to my best and honest judgement, perform all the duties required of me as a commissioner under this act, and will select and fix on the site for the public buildings for Lawrence county, with impartiality to men or place, consulting only the common good and equal rights of every citizen, so help me God." And, moreover, it shall be the duty of the commissioners, so soon as they shall have performed the duties assigned them, in writing, to report the same to the county court of Lawrence, the clerk of which court shall duly record the same in his office, and the site, so selected and reported, shall be the permanent seat of justice for the county aforesaid.
An act authorizing a lottery for the benefit of the Madison lodge and the Alabama lodge.
SECTION 1. BE it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That it shall and may be lawful for the Elias Bay-
les, Edward G. Kyle, David Moore, Alexander Erskine, Edward Hickman, William Atwood, and Edwin Jones, or a majority of them, to raise by lottery, in one or more classes as to them may seem most convenient and necessary, any sum not exceeding fifteen thousand dollars, to be appropriated in erecting and furnishing a Masonic Hall, for the use and benefit of the Madison lodge and Alabama lodge, both in the town of Huntsville and the said Elias Bayles, Edward G. Kyle, David Moore, Alex'r Erskine, Win Atwood, Edwin Jones, and Edwin Hickman, or such of them as may choose to act, shall, before they enter one the duties of their office, in the county court of Madison, enter into bond with security to be approved by said court, to the state of Alabama, in the penal sum of thirty thousand dollars, conditioned for the faithful discharge of the several duties imposed upon them by this act, which bond may, from time to time, be put in suit, in the name of the said state, by any person injured by a breach thereof; and it shall be the duty of the said managers, within ninety days from the completion of the drawing of the said lottery, to pay to the fortunate person or persons, or to his, her, or their order, all such prizes as may be due agreeable to the scheme which they may have determined upon, and published by them; The said lottery may be drawn in the town of Huntsville, or at such other place as may be most expedient, giving due notice of the time and place of such drawing. The said lodges may appoint two or more persons to superintend in conjunction with two or more of the trustees for the time being of the town of Huntsville, the drawing of said lottery, whose duty it shall be to see the same fairly and impartially conducted; each of the said managers and examiners, and each clerk, that shall be employed, shall before the drawing commences, take an oath to act fairly and impartially, in the discharge of his several duties, which oath may be administered by any Justice of the Peace. If the said lottery, or any class thereof, be not drawn within three years after the scheme of the same may have been published, the same shall cease, and the purchasers of tickets may demand and receive of the managers any money disbursed for tickets in said lottery.
Sec. 2. And be it further enacted, That the aforesaid managers shall report to the aforesaid lodges, within six months after the passage of this act, and at all such times thereafter, as may be ordered by said lodges or either of them, the progress made in the sale of tickets, or in the drawing of said lottery; and it shall be their duty to pay over all and any money, which may be raised in the manner heretofore authorized, to the order of said lodges, or to such person or persons as may be authorized by said lodges to
receive the same, for the purpose of erecting and furnishing said Masonic Hall.
Sec. 3. And be it further enacted, That the master of the Madison lodge and master of the Alabama lodge, be, and are hereby, authorized by and with the consent of the other officers of the said lodges, to acquire by purchase, or accept, as a donation, an eligible lot or parcel of ground, not exceeding four acres, on which to erect the said Masonic Hall: and the title in and to said lot or parcel of land, with all singular its appurtenances, so obtained as aforesaid, shall vest, and is hereby vested in the said masters and other officers of the said Madison lodge and Alabama lodge, and their successors in office, to the sole use, benefit, and behoof, of the said lodges.
An act to incorporate and empower religious societies of every denomination to hold real estate.
Section 1. Be it enacted by the Senate and House of Representatives, of the State of Alabama, in General Assembly convened, That it shall be lawful for all persons who are, or hereafter may be, members of any religious denomination, to associate themselves into societies or churches, assume such name as they may think proper, and to adopt articles for their government, not inconsistent with the laws and constitution of this State: any of which churches may appoint deacons, class-leaders, elders, or trustees, at the pleasure of such church, to distinguish them and may enter of record in their church book such articles of government, and the names of such leaders or trustees; which church may cause such articles of government, with the names of their leaders or trustees, to be recorded in the office of the Clerk of the county court: Whereupon, such church is hereby declared to be a body corporate, and shall be capable of purchasing, receiving, and holding, by such leaders or trustees, lands not exceeding in quantity fifteen acres, together with the appurtenances thereto belonging, which church shall have, enjoy, and enforce all the rights, privileges and powers of any other body corporate, in and over the lands and tenements aforesaid, for the harmoni-
ous and public worship of Almighty God; Which lands and tenements shall descend in perpetuity, to the use of such church and their religious successors, for the purpose aforesaid; Provided always, That when any church aforesaid, shall be disposed to change the site for their meeting house, such church, by their trustees, shall have power to sell and convey the same, and to purchase and receive titles for lands elsewhere, not exceeding fifteen acres.