An act to establish the town of Sommerville, in the county of Cotaco.
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 Sommerville, in the county of Cotaco, be and the same is hereby established, as the permanent seat of justice in said county.
Sec. 2. Be it further enacted, That there shall be an election holden at the court house in said town, on the first Tuesday in January next, and on that day in each and every year thereafter, to commence at the hour of four in the afternoon, for the purpose of electing five persons, inhabitants of said town, to act as trustees thereof: a majority of whom shall constitute a quorum to do business:- and the said trustees shall elect from their own body, a President, who shall preside and keep order at their meetings; they shall also appoint a constable, assessor, collector, and treasurer, who shall serve for one year.
Sec. 3. And be it further enacted, That every free white male person of the age twenty-one years, who may have resided in said town for three months next preceding the election for trustees, or who may be a freeholder in said town, shall be entitled to vote at such election.
Sec. 4. And be it further enacted, That all elections for trustees shall be conducted by a Justice of the Quorum or Peace, and two freeholders, inhabitants of said town.
Sec. 5. And be it further enacted, That the said trustees when elected, shall be, and they hereby are, incorporated, with all the powers and privileges, and subject to the same regulations and restrictions, as are by law prescribed for the incorporation and government of the town of Montgomery, in the county of Montgomery.
An act to establish the Town of Triana, and incorporate its trustees.
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 Triana, in Madison county, be and the same is hereby established and incorporated, within the following boundaries, to-wit: Beginning at the east bank of Indian Creek, at its mouth, and running up said bank to a point opposite the mouth of the Barren fork of said creek: thence west, to the western boundary line of fraction twenty two, range two, township five, west: thence south with said line, to the Tennessee river, thence south, to a place in said river, fifty yards, form its bank at low water mark; thence, running parallel with the bank of said river, to a point opposite the place of beginning.
Sec. 2. Be it further enacted, That all free white male inhabitants of said town, above the age of twenty-one years, are hereby authorized to vote for five persons residing in the town limits, as trustees of the corporation, who are empowered to superintend the police of said town, by passing such by laws, not contrary to the laws of the United States or of this State, as they may think proper, for the government of said town, and for the suppression and removal of nuisances, laying off and repairing the streets and ways and clearing out such parts of the above mentioned watercourses as may lie within the above mentioned boundaries.
Sec. 3. The said trustees, or a majority of them, are hereby authorized to assess such taxes, on all property lying within the limits of said town, as they may think proper, for all the purposes of a proper police. Said assessment of taxes, not to exceed one hundred dollars per annum.
Sec. 4. There shall be a constable appointed within the limits of said town, whose duty it shall be, to collect the aforesaid taxes, and to whom the taxes aforesaid shall be given in upon oath and the said constable shall receive such per centum, as is received by tax collectors in similar cases.
Sec. 5. The election for trustees shall be held on the first Monday in December next, and forever hereafter on the same day in each succeeding year, from ten o'clock until five in the afternoon, under the direction of any two justices of the peace and a constable, in such place in said town as said justice of the peace may appoint.
An act to establish and incorporate the town of Russelville, in the county of Franklin.
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 Russelville in the county of Franklin be, and the same is hereby established in conformity with the plan adopted by the trustees of the aforesaid town.
Sec. 2 And be it further enacted, That there shall be holden in the said town of Russelville, an election, on the first Monday in January 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 in the afternoon, for the purpose of electing five persons, inhabitants of the town, to act as trustees thereof, a majority of whom shall constitute a quorum to do business: also a Town Constable, Assessor, Collector and Treasurer, to serve for one year: Provided, that this act and any of the by-laws, may, at any time, be repealed by the General Assembly.
Sec. 3. And be it further enacted, That every free white male of full age, who has resided in the town of Russelville three months previous to the election of the trustees, shall be entitled to vote for said trustees.
Sec 4. And be it further enacted, That the said trustees and other officers so elected, shall proceed in the same manner, possess the same powers, and be subject to the same restrictions as are provided by law for the government of the trustees and other officers of the town of St. Stephens.
An act to incorporate the town of Moulton 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 the freeholders, landholders, and householders of the town of Moulton, shall, on the second Monday in
March next, and in each and every year thereafter, in said town, hold an election, to commence at ten o'clock. A.M. and close at five o'clock, P.M. and then and there elect by ballot, five Commissioners, a majority of whom shall constitute a quorum to do business: also, a Treasurer, Assessor, Collector, and Constable, to serve for the term of one year: and the said commissioners, so elected, shall, on the next day after such election, in each and every year, meet and elect one person from their own body as President. whose duty it shall be to provide and keep order at all meetings of the said commissioners: and the said commissioners shall be, and they are hereby constituted a body corporate, by the name and style of The President and Commissioners of the Town of Molton, and by that name they and their successors in office shall be capable in law of suing and being sued, implead and being impleaded, in all manner and suite and actions, either in law or equity: and also to do all acts which are incident to bodies corporate.
Sec. 2. And be it further enacted, That the said commissioners shall have the power and authority, to raise such sum or sums of money as they may think necessary for the well regulation of said town, which sum or sums shall be assessed on the landholders, freeholders, and householders, and also on all billiard-tables and puppet-shows within the said town, by the Assessor, according to the regulations to be established by said president and commissioners, and shall be collected by the Collector, at such time or times, and be paid and disposed of in such manner as the said commissioners shall direct: Provided, the whole amount of such sum or sums shall not, in any one year, exceed twenty-five cents on every hundred dollars worth of property subject to taxation.
Sec. 3. That the said commissioners shall meet on their own adjustments, and shall have power from time to time, and at all times hereafter, to make such by-laws and regulations, not inconsistent with the Constitution and laws of the United States or of this State, as to them shall appear necessary for the good government of said town; and the same to put in execution, revoke, or alter, as to them shall appear expedient; and the said president and commissioners appointed agreeable to the provisions of this act, are hereby empowered to require good and sufficient bond with security, from the several officers herein intended to be appointed, and to annex such fees to these several offices, as they may deem necessary, and impose such fines and penalties for neglect of duty, as may appear to them proper; and to make, limit and impose all fines and amercements upon those who may offend against the by-laws by them made, not exceeding in any case the sum of fifty dollars; and all such fines and amercements to take, demand, and
levy, on the goods and chattels of such offender, by warrant issued under the hand of the seal of the president, directed to the town constable, who is hereby authorized and required to execute the same: which fines and amercements shall be paid to the treasurer, to be appropriated to the use and benefit of said town.
Sec. 4. And be it further enacted, That the elections intended to be held as mentioned in this act, shall be conducted by a justice of the peace and two householders, in the said town of Moulton.
An act to establish the seat of justice in the county of Autauga.
Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That Robert Gaston, Zachariah Pope, Alsey Pollard, Alexander R. Hatchinson, and Zaccheus Powell, or a majority of them, be, and they are hereby appointed commissioners, to fix on a site for the public buildings in the county of Autauga; which site, when so fixed upon, shall be and remain the permanent seat of justice for said county: and the aforesaid commissioners, or a majority of them, be, and they are hereby authorized to contract for, and superintend the building of a suitable Court-house, Jail, and Pillory, at such site.
Sec. 2. And be it further enacted, That the commissioners aforesaid, be, and they are hereby authorized, to take a bond or bonds with sufficient security, payable to the said commissioners, for the use of the county, conditioned for the faithful performance of the contract, from the person or persons contracting for the building of the said court-house, jail, and pillory.
Sec. 3. And be it further enacted, That the commissioners be, and they are hereby authorized to draw on the treasurer of the county of Autauga, for such sum or sums of money, as may be requisite to carry into effect the provisions of this act: and the country treasurer aforesaid, is hereby required to pay to the order of said commissioners such sum or sums, as by them may be required for the purpose aforesaid.
Sec. 4. And be it further enacted, That the said commissioners, before entering upon their duties aforesaid, shall take the following oath, or affirmation (as the case may be): "That I will fix upon such site for the public buildings in the county of Autauga, as in my judgment I shall deem most eligible."
Sec. 5. And be it further enacted, That the treasurer of said county be, and he is hereby authorized and required, to pay to each of the said commissioners, fifteen dollars, each, for their services, out of any monies in the treasury of said county of Autauga, not otherwise appropriated.
Sec.6. And be it further enacted, That the said commissioners be, and they are hereby authorized, to purchase any quantity of land, not exceeding forty acres, as in their judgment they may deem proper whereon to fix the public buildings of said county.
An act for the government of the town of Cahawba.
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 granted by congress to this state for the seat of government thereof, shall be deemed and taken to be within the limits of the town of Cahawba.
Sec. 2. Be it further enacted, That on the first Monday in January next, and on the first Monday in January in every year hereafter, between the hours of ten o'clock in the forenoon and four o'clock in the afternoon, an election by ballot for seven councillors shall be held at some convenient and public place in said town; and that all free white male persons above the age of twenty one years, who shall have resided within the limits of said town three months immediately preceding such election, and all landholders and householders therein, shall be entitled to vote for said councillors: and when the poll shall be closed, the managers of the election shall proclaim the result, and give notice thereof to the persons so elected; whereupon, the said councillors shall meet and elect by ballot, from their own body an Intendant, whose duty it shall be to preside and preserve order, at all meetings of the council.
Sec. 6. And be it further enacted, That Wills Roberts, Luther Blake, and Carlisle Humphreys, shall be, and they are hereby appointed, managers of the first election: and the Intendant for the time being shall appoint proper persons as managers of the elections to be held thereafter; and when the said Intendant and councillors shall be elected, as aforesaid, and before entering upon his or their office, he or they shall respectively take the following oath, before some Justice of the Peace for the county of Dallas, as Intendant and councillors of the town of Cahawba, to wit:- "I, ___ ___, will equally and impartially, to the best of my skill and ability, exercise the trust reposed in me, and will use my best endeavors, to carry into effect the purpose for which I have been appointed. So help me "God."
Sec. 4. Be it further enacted, That in case of death of the Intendant, his resignation, removal from office, or absence from the State, the councillors shall thereupon fill such vacancy; and in case of vacancy in the council, by death or otherwise, the Intendant and council shall fill such vacancy, until the next election: and in case the Intendant or any of the council, whilst in office, shall be guilty of any willful neglect, malpractice, or abuse, on information being filed of the same in any court having cognizance thereof, upon conviction thereof, shall forfeit and pay a sum not exceeding two hundred dollars, for every such willful neglect, or malpractice or abuse; the money to be recovered by the Solicitor for the circuit in which the town may be, and lodged with the clerk of the circuit court of the county of Dallas, for the use and benefit of the town. In case of the absence or non-attendance of the Intendant, the town council shall be empowered to elect one to act in his room, on any such occasion.
Sec. 5. Be it further enacted, That the said Intendant shall and may, as occasion may require, summon the members of the council to meet together, any four of whom with the Intendant, may constitute a quorum to do business: and they with the Intendant shall be known by the name of, and are hereby declared to be, The town council of Cahawba; and they, and their successors hereafter to be elected, shall have a common seal, and may purchase, have and hold, possess, receive, enjoy, and retain, to them and their successors in perpetuity, or for any term of years, any estate or estates, real or personal, of what nature or kind so ever, not exceeding in value ten thousand dollars, and may sell, alien, exchange, or lease the same, or any part thereof as they may think proper, and by the same name, sue and be sued, answer and be answered unto, implead or be impleaded, in court of law or equity within this State; and they also shall have full power and authority to make
and establish all such rules, by- laws, and ordinances respecting the streets, markets, buildings, carriages, waggons, carts, drays, and police of said town, that shall appear to them requisite and necessary, for the security, welfare and convenience of said town or, for preserving, health, peace, order and good government, within the same; and the said town council may affix fines for offences against their by-laws, not exceeding fifty dollars for every such offence, to be recovered, before any magistrate; all which fines, when recovered, shall be applied to the use of said town: and the said town council may assess a tax on the inhabitants of the town, not exceeding one third part of the amount of the general tax which is paid for property within the limits of the town: Provided, that nothing herein contained shall authorize said town council, to make any by-laws, repugnant to the constitution, and laws of this State: And provided also, that this act, and all the by-laws and ordinances of the corporation, shall at all times be subject to revision, or repeal, by the General Assembly.
Sec. 6. And be it further enacted, That the Intendant, and each and every of the council, ex officio, shall be vested with all the powers and authorities, that Justices of the Peace are vested with by the laws of this State, and shall and may exercise the same within the limits of said town, under the same penalties and restrictions, to which Justices of the Peace of this State are and shall be subject and liable.
Sec. 7. And be it further enacted, That in case of tumult, or riot, or appearance or probability of tumult or riot, in the said town, the intendant shall immediately summon together the town council, and order the constable of the town to attend the town council, and such measures shall thereupon be taken, as shall appear most advisable, for preventing or suppressing such riot or tumult: and if any town constable shall neglect or refuse, to obey the order for attendance from the intendant, he shall forfeit a sum not exceeding fifty dollars, for every such offence: and any other inhabitant refusing to obey the orders of the Intendant, for the purpose of suppressing any riot or tumult he shall forfeit a sum not exceeding ten dollars, for every such refusal.
Sec. 8. Be it further enacted, That the said town council shall have full power and authority, from time to time, to commit to close prison in the jail of Dallas county, for any time not exceeding three days, all such person or persons who shall incur any penalty and forfeitures, intended to be inflicted by any of the by-laws of said corporation, passed conformable to the powers vested in them by this act.
Sec. 9. Be it further enacted, That the Intendant and council shall have power to appoint an assessor, a treasu-
rer, clerk, constable and all other officers affixing the salaries and fees of such offices respectively) as shall appear to them requisite and necessary for carrying into effectual execution all the by-laws, rules, and ordinances, they may make for the good order and government of the town, which officers, when so appointed, shall be bound for the faithful discharge of their respective duties, in such manner as the council shall prescribe.
Sec. 10. Be it enacted, That the Intendant and town council of Cahawba are hereby declared to possess and are invested with all the powers and privileges, which the county court may have, in respect to public roads, and are hereby empowered to enforce the same, in the limits of the town of Cahawba, and no further.
Sec. 11. Be it further enacted, That the said town council shall have and exercise, the privileges of granting license for retailing of spirituous and other liquors, and for keeping billiard tables, in the said town of Cahawba.