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An act to establish certain counties therein named, and for other purposes therein mentioned.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the boundaries of Baldwin county, be, and they are hereby, altered and extended, as follow, to-wit: Beginning at the centre of the western boundary line of township four in range three, east of the basis meridian line of the land district east of the Pearl river, thence east to the Alabama river; thence with said river to its junction with Little river, to the point of its intersection by the range line between ranges five and six; thence north with said line to the northwest corner of township three in range six; thence east along the township line between townships three and four in range seven; thence south along the range line between the ranges seven and eight, to the thirty-first degree of north latitude; thence west to the former boundary line of Baldwin county.

Sec. 2. And be it further enacted, That all that tract of country bounded as follows, to-wit: Beginning at the Choctaw corner; thence east to the middle of the range line between range four and five in township twelve; thence north along said line, to the northwest corner of township thirteen in range five; thence east, to the northeast corner of township thirteen, range five, thence north along the range line between ranges five and six to northwest corner of township fourteen in range six thence along the township line between townships fourteen and fifteen to its intersection with the Chelatchee creek; thence down said creek to the Alabama river, thence down said river to the mouth of the Pine-barren creek; thence along said creek to its point of intersection with the township line between townships twelve and thirteen, thence east along said line, to the northeast corner of township twelve in range twelve, thence along the range line between the ran-


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ges twelve and thirteen to the southeast corner of township twelve, in range twelve, thence west along the township line between townships eleven and twelve to the northwest corner of township eleven, in range twelve, thence south along the range line between ranges, eleven and twelve; to a point in the centre of said line, between the northern and southern boundary lines of township ten; thence due west along the centre of township ten to the Choctaw boundary line; thence with the said line to the Choctaw corner, the place of beginning, shall constitute one county, to be known and called by the name of Wilcox.

Sec. 3. And be it further enacted, That the boundaries of Marengo county, shall hereafter, be as follow: Beginning at the Choctaw corner, thence running east to the range line, dividing ranges four and five, thence north with the said range line to the northwest corner of township thirteen in range five; thence east with the line, dividing the thirteenth and fourteenth townships, to the range line dividing five and six; thence north with said range line to the northern boundary of township eighteen, thence west with the line dividing the eighteenth and nineteenth townships, to Tuskaloosa river; thence down the Tuskaloosa to its junction with the Tombecbe river; thence down the Tombecbe river to the north boundary line of Clarke county; thence with said line to the beginning.

Sec. 4. And be it further enacted, That the dividing line between the counties of Dallas and Montgomery, be the range line between the ranges twelve and thirteen, until it strikes the Alabama river, thence down the same to the mouth of Mulberry creek.

Sec. 5. And be it further enacted, That hereafter, all that tract of country, bounded as follows, to-wit: Beginning at the northeast corner of township six in range eleven, in the district aforesaid; thence north, on the range line between eleven and twelve, to the northeast corner of township eleven, in range eleven; thence east along the township line between eleven and twelve, to the northeast corner of township eleven, in range seventeen; thence south on the range line between seventeen and eighteen, to the southeast corner of township seven, in range seventeen; thence west along the township line between six and seven, to the place of beginning, shall form one county, to be called and known by the name of Butler.

Sec. 6. And be it further enacted, That all that tract of country lying east of the range line between thirteen and fourteen, south and east of the county of Butler, south of Montgomery county, west of the Indian boundary line and the Chattahoochee, and north of the thirty-first degree of north latitude, shall constitute one county, to be called and known by the name of Henry.


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Sec. 7. And be it further enacted, That all that tract of country, bounded as follows, to-wit: Beginning at John Allen's, thence in a direct line to the centre of township twenty-one, between ranges eight and nine; thence north up said range line six miles; thence west, in a direct line, to the range line between six and seven in township twenty-two; thence north, up the range line, nine miles, thence west along the township line between twenty-three and twenty-four, three miles, thence north, to the township line between twenty-four and twenty-five; thence west to the range line between five and six; thence south, to the township line between twenty-four and twenty-three; thence west, three miles, thence south, twelve miles, thence east, to the range line between five and six, thence south, along the range line to the township dividing sixteen and seventeen, thence east, to the range line dividing six and seven, thence north, to the township line dividing seventeen and eighteen, thence east, to where it strikes Oakmulgee creek, thence up said creek to the township line dividing eighteen and nineteen, thence east, to the Mulberry creek; thence north, to the beginning, shall constitute one county, to be called and known by the name of Perry.

Sec. 8.  And be it further enacted, That all that tract of country, bounded as follows, to-wit: Beginning at the northeast corner of Marengo county, thence north with the range line which divides ranges five and six, to the northern boundary of township twenty-one; thence west along the township line dividing townships twenty-one and twenty-two three miles, thence north, to the northern boundary of township twenty-two; thence west, with the township line dividing townships twenty-two and twenty-three, to Tuskaloosa river, thence up the same to the mouth of Grant's creek; thence due west to the Tombecbe river; thence down the same to the mouth of the Tuskaloosa river; thence up the same to the north boundary of township eighteen in range three; thence east along the line which divides the townships eighteen and nineteen, to the place of beginning, shall constitute one county, to be called by the name of Greene.

Sec. 9. And be it further enacted, That all that tract of country, bounded as follows, to-wit: Beginning at a point on Tuskaloosa river, at the mouth of the first large creek below the junction of the Mulberry and Locust forks of said river; thence on a direct line to the Big Pond spring at the upper end of Roup's valley, thence southeast, to the ridge dividing the waters of Shade's creek from the waters of Cahawba: thence up said ridge to its northern extremity; thence by a direct line to the Cedar mountain; thence up the former line dividing Blount from St. Clair county,


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to a point opposite to Hartgrove's, leaving said Hartgrove's in Blount county; thence by a direct line, to William Dunn's, on the Mulberry fork of Tuskaloosa, thence by a direct line to the Cypsey fork, thence down said stream, to its junction with the Mulberry; thence down their united stream, to its junction with the Locust fork, thence down the same, to its junction with the Tuskaloosa, thence down the same to the place of beginning, shall constitute one county, to be called and know by the name of Jefferson.

Sec. 10. And be it further enacted, That Micajah Wade, John Carter, senior, George Harrison, Hilary Herbert, Talleferro Livingston, be, and they are hereby appointed commissioners for the county of Butler; that William C. Watson, John Fannin, Joel T. M'Clindon, Johnston Wright, and S. Smith (Capt.), be, and they are hereby appointed commissioners of the county of Henry; that Nathan Read, Laban Rice, Edward M'Craw, Joseph Brittain, and John Tubbs, be, and they are hereby appointed commissioners for the county of Perry; that William Black, Thomas Evans, John Speight, Thornton Brown, William M'Carrel, Joseph Lawry, and John Gaston, be, and they are hereby appointed commissioners for the county of Wilcox; that Reuben Read, William Irvin, John Adams, John Cochran, and William Prude, be, and are hereby appointed commissioners for the county of Jefferson; who, or a majority of whom, shall have the power in their respective counties, to fix on a suitable place for the seat of justice in said counties, respectively.

Sec. 11. And be it further enacted, That the said commissioners shall have the power, in their respective counties to contract for and receive, in behalf of their respective counties, a good and sufficient title, to not exceeding a fourth section of land, so fixed on respectively for the seats of justice, for the purpose of erecting thereon public buildings for the use of said counties, respectively.

Sec. 12. And be it further enacted, That the said commissioners, or a majority of them, in their respective counties, shall have the power to contract for, erect, and superintend, the building a court house and jail of such description and dimensions as they shall agree upon, with the approbation of the county court of the counties, respectively: Provided, That notice shall be given by said commissioners, at three or more public places in their respective counties, of the time and place of letting said buildings, or either of them, shall contract for the erection thereof, with the lowest bidder, who shall enter into bond with sufficient security for the performance of his contract.

Sec. 13. And be it further enacted, That the several county courts in the said counties of Butler, Henry, Wilcox, Greene, Perry, and Jefferson, be, and they are hereby au-


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thorized and required to lay such tax, not exceeding one half of the amount of the state tax, on the persons, and property of the inhabitants of their respective counties, liable to taxation in other cases, as shall be sufficient to defray all expenses to be incurred under this act.

Sec. 14. And be it further enacted, That John Galbraith, William Rino, Stephen Box, Moses Burleson, and Henry McPherson, be, and the same are hereby appointed commissioners, for the county of Blount, who, or a majority of whom, shall have the same powers as are vested in the commissioners of Jefferson county.

Sec. 15. And be it further enacted, That the town of Cahawba be, and is hereby fixed on, for the seat of justice for Dallas county.

Sec. 16. Be it further enacted, That the house of Mrs. Irby, on the south side of Chickasaw Boge, or any house within four miles therefrom that the Judges of the Inferior court, or a majority of them may make choice of, shall be, and is hereby made the temporary seat of justice for Marengo county.

Sec. 17. And be it enacted, That all that tract of country lately obtained of the Cherokee nation of Indians, lying on the north side of the Tennessee river south of the Tennessee State line, and east of the present Madison County line and of the Flint river, after it had left Madison county, be constituted one county, by the name of Jackson.

Sec. 18. And be it further enacted, That Sauta Cave shall be, and is hereby established the temporary seat of justice for the county of Jackson: Provided, that the county court shall have the power, by adjournment, to select any other place they may deem more expedient.

Sec. 19. And be it further enacted, That all that tract of country lying between the present Madison county line and Flint river, be added to, and make a part of, Madison county.

Sec. 20. And be it further enacted, That William A. Robertson, Joseph P. Earl, John Loftin, Samuel B. Shields, William E. Ezell, Robertus Love, and Edmund Butler, be, and they are hereby appointed commissioners for the county of Clarke, who, or a majority of them, shall have the power to select and fix on the most suitable site for the seat of justice in and for the county of Clarke, having due regard to health, water, and accommodations: Provided, such seat shall not exceed three miles from its centre.

Sec. 21. And be it further enacted, That commissioners aforesaid, or a majority of them, have power to contract for, and receive, in behalf of said county, a good and sufficient title to four acres of land at the place so fixed on for the seat of justice, for the purpose of erecting thereon a Court house, Jail, and Pillory, for said county: Provided,


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however, the said commissioners, or a majority of them, or any one of them by the approbation of a majority, may enter one quarter section of public land, if there be any such within three miles of the centre of the county, containing a suitable place for the purpose aforesaid, for the sole use and benefit of said county, under the direction and control of the county court, who are hereby required to pay for the same out of the county treasury: and the said quarter section, when entered by the said commissioners, or a majority of them, or any one of them by the approbation of the others, shall be conveyed and transferred by them or him, to the Justices of the county court and their successors in office, under a penalty of ten thousand dollars, to be recovered by an action of debt in any court having competent jurisdiction.

Sec. 22. And be it further enacted, That the said county court, or a majority of them, are authorized, after the commissioners shall have selected the seat and laid off a quantity sufficient for the county buildings, to divide the remainder into lots of a half acre each, to be sold by said court to defray the expenses of said buildings.

Sec. 23. And be it further enacted, That the said commissioners, or a majority of them, shall have the power to contract for, direct, and superintend, the building a Court house and Jail, of such description and dimensions as they shall agree upon: Provided, That the said commissioners, or a majority of them, shall advertise for thirty days in the Halcyon, and at three of the most public places in said county, the time and place of letting said buildings, or either of them, and shall contract for the erection thereof with the lowest bidder, who shall enter into bond with sufficient security, payable to the Justices of said county court and their successors in office for the faithful performance of his contract.

Sec. 24. And be it further enacted, That the aforesaid commissioners shall be allowed, to the first Monday in March next, to make a selection of a site for the seat of justice: Provided, That if a majority of them shall neglect or refuse to act, on or before that time, it shall be the duty of the county court, and they are hereby required to make such selection themselves, and to do and perform every other act, that the commissioners are by this act authorized to perform.

Sec. 25. And be it further enacted, That the county court of said county are hereby authorized and required, to lay such tax on the persons and property of the inhabitants of said county, liable to taxation in other cases, as shall be sufficient to defray all the expenses to be incurred under this act.


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Sec. 26. And be it further enacted, That the said county of Clarke shall be divided into six election districts, to-wit: One at the house of Duncan Campbell, one at the town of Coffeeville, one at the house of William Coats on Satilfa, one at M'Goffin's store, one at the town of Jackson, and one at Suggville.

Sec. 27. And be it further enacted, That the returns of election of the several districts, shall be made on the next day after the close of the election, to the house of William Coats, where the votes shall be compared.

Sec. 28. And be it further enacted, That until the public buildings shall have been completed, the Circuit and Inferior courts shall be held at the house of William Coats.

Sec. 29. And be it further enacted, That the permanent seat of justice in and for the county of Monroe, be, and the same is hereby fixed, at the town of Claiborne, in said county.

Sec. 30. And be it further enacted, That all elections by the people in the county of Butler, shall be held at Fort Dale, or on the most convenient house thereto, and at the house of Jesse Womack: and all elections in the county of Henry, at the houses of William C. Watson, Captain S. Smith, and John Fannin; and in the county of Conecuh, in addition to the places heretofore designated, at the house of William Brewer; and all elections in the county of Jackson, at Sauta Cave, Honey-comb Spring, and Riley's on Mud creek.

Sec. 31. And be it further enacted, That all sheriffs and clerks of the circuit and inferior courts, who have been elected for the counties, from which the counties established by this act have been taken, who may reside in the counties established by this act, shall continue to hold and exercise the duties of their respective offices within the same, during the period for which they have been elected.

Sec. 32. And be it further enacted, That an election shall be held on the first Monday and Tuesday in February next, in the several counties, from which the counties established by this act shall have been taken, in which vacancies, have been occasioned thereby, to fill such vacancies; and also in the several counties established by this act, in which there may be no officer or officers, for the election of a sheriff and clerks of the circuit and inferior courts, or either of them.

Sec. 33. And be it further enacted, That in the counties in which elections shall be held by virtue of this act, in which there may be no sheriff, it shall be the duty of the Justices of the county court, to conduct the elections in conformity with the election laws of this state.

Sec. 34. And be it further enacted, That all that tract of country commencing where the line dividing the eighteenth


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from the nineteenth township, thence along said line to where the fourteenth range line crosses Mulberry Creek, thence along said range line to the twentieth township, thence east along said range line to the fifteenth range, thence north along said range line to the Shelby county line, thence westward with said line to the main source of Mulberry Creek, shall be added to, and made part of Cahawba county.

Sec. 35. And be it further enacted, That the following separate places of holding elections, be, and the same are hereby established, to-wit: for the county of Greene, at the place of holding courts in said county, at the houses of John Sharpe, Abner Cofton, and Jacob Gillespie, and at the store of Frederick Peck. For the county of Marengo, at the place of holding courts in said county, at the house of Walter Chiles, and at the town of Demopolis.

Sec. 36. Be it further enacted, That the commissioners appointed to select the sites for the permanent seats of justice in each county, be, and they are hereby required to fix temporary seats for holding the courts, until the permanent seats be so fixed on.

Sec. 37. And be it further enacted, That the temporary seat of justice for Greene county, shall be in the town of Erie, or some other place contiguous thereto, until otherwise provided for by law.

Sec. 38. And be it further enacted, That Bartley Walker, James Salten, John Speir, Radford, L. Cotton, and Robert Smilie, be, and they are hereby appointed commissioners, who are authorized, or a majority of them, to fix on a site for the public buildings in the county of Conecuh, and the said commissioners, or a majority of them, are hereby authorized to purchase any quantity of land, not exceeding one quarter section, for the purpose of erecting said buildings on; which land, when so purchased, shall be for the use and benefit of said county, to be disposed of as the said commissioners may deem most expedient.

(Signed) JAMES DELLET

Speaker of the House of Representatives

THOMAS BIBB

President of the Senate

Approved- Dec.18, 1819

(Signed) WM. W. BIBB

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An act to amend the several acts relating to Assessors and Collectors of the Public Revenue.

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


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convened, That it shall be the duty of each and every Assessor, in addition to the duties now imposed on them by law, to post up, at the court house door in his county, on or before the first day of June, in each and every year, a complete list of all taxable property by him assessed, together with the names of the persons chargeable with taxes, thereon, and the amount of the taxes due from such person; and he shall, in all other respects, proceed in the assessing of taxes, and the list to be made thereof, as are now prescribed by law.

Sec. 2. And be it further enacted, That the collectors of public taxes, in each and every county, shall pay into the public treasury, all monies which shall be due from them, respectively, on or before the first Monday in October, in each and every year, and if the collector shall fail to pay into the State Treasury, any money which may be due from him as collector, on or before the same may become payable by law, it shall be the duty of the Comptroller of public accounts, and he is hereby directed, immediately to notify such delinquent collector, his security or securities, their executors or administrators, by advertisement, published in some newspapers, printed at the seat of government, that he will, by the Attorney General, on such duty as shall be named in such notice, move the Supreme Court of the State, for judgment against him or them, and his security or securities, for the amount due to the State; and the Judges of the Supreme Court of the State, or any one of them are hereby authorized and required, to hold a special court, if necessary, and to give judgment in a summary way, without jury, against such collector, or his executors and administrators, and his security or securities, and award execution accordingly.

(Signed) JAMES DELLET

Speaker of the House of Representatives

THOMAS BIBB

President of the Senate

Approved- Dec. 17, 1819.

(Signed) WM. W. BIBB

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An act providing for the determination of suits and controversies, by arbitration.

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 all persons, desirous to end any controversy or suit by arbitration, to appoint any person or persons as arbitrators, and (if suit is pending) the parties shall concisely state in writing, the


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nature of the controversy, to any court having jurisdiction thereof, or if in vacation, to any judge of such court; whereupon, the court or judge thereof, shall issue an order, certified by the clerk of the court and directed to said arbitrators, stating the dispute to them referred. And in case any arbitrator or arbitrators, so appointed, shall fail or refuse to act, the parties shall have power to appoint one or more arbitrators, (as the case may be) in writing, which shall be signed by such parties, deposited in the hands of the arbitrators, and by them returned to the proper officer, with the other papers; said arbitrators, or either of them, are empowered to issue subpoenas for witnesses, under the same regulations as are prescribed by law in cases of suits, to which all sheriffs and constables are directed to give obedience, and all persons summoned as witnesses, by virtue, of said subpoenas, shall be allowed the same compensation, while traveling to, and attending on, said arbitration, and be equally privileged from arrest, or on failure to attend, at the times and places in said subpoenas expressed, shall be subject to the same fines and penalties, as witnesses are in similar cases in circuit courts.

Sec. 2. And be it further enacted, That the arbitrators so chosen, before they enter on the investigation of any matters to them submitted, shall take on an oath or affirmation, impartially to determine the controversy to them submitted, agreeably to evidence and the equity of the case, to the best of their judgments, without favor or affection; which oath shall be administered to them by any judge or justice of the peace within this State; the said arbitrators shall make up their award, in writing, under the hands and seals, noting therein the time at which it was made, one fair copy of which signed as aforesaid, shall immediately upon its being made, be delivered to each of the contending parties; and the original shall be delivered to the court, in which the commission was made, at the court next succeeding the date of said award: The award, so made, shall be entered of record, and made the judgment or decree of said court and shall not be invalidated, set aside, or appealed from, unless it shall be made to appear to said court, that such award was obtained by corruption, evident partiality, or other undue means, in which case either party may appeal therefrom, to any court having cognizance thereof, under the rules and regulations, prescribed by law for the granting appeals from said courts.

Sec. 6. And be it further enacted, That no award, made by virtue, of this act, shall be liable to be examined into, superseded, or revised by writ of error, or set aside by the court, to which it was returned, for want of form only, nor for other irregularity, if such award decided the case, suit, matter or controversy, submitted to arbitration.


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Sec. 4. And be it further enacted, That in cases of suit or controversy, where the amount shall not exceed fifty dollars, the parties may obtain an order from a justice of the peace, directed to such arbitrators as may be appointed, stating the dispute to them referred, who shall take the oath, proceed in the same manner, and exercise the same powers, herein before provided; the judgment shall be entered upon the award of the said arbitrators, when rendered to the justice, by whom the other was made, which, shall not be set aside, invalidated, or appealed from, except in the manner, and for the causes prescribed in this act.

Sec. 5. And be it further enacted, That the arbitrators, for their services, shall receive two dollars per day, if demanded, to be paid jointly by the contending parties, before the delivery of the copies of the award; and the justices and clerks shall be allowed, for all the services performed by them under this act, the same fees as are allowed by law, for the like services in cases of a similar nature.

Sec. 6. And be it further enacted, The fees to the justices and clerks, prior to the return and entry of the award, shall be jointly paid down by the contending parties, as those services are rendered; but after the award is entered of record, all subsequent costs shall be charged to, and collectible from, that party, against whom the judgment or decree shall be, under such award, except the award shall otherwise direct.

(Signed) JAMES DELLET

Speaker of the House of Representatives

THOMAS BIBB

President of the Senate

Approved- December 13, 1819

(Signed) WM. W. BIBB