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An act to prevent frauds and fraudulent combinations in the sale of public lands within this State.

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 first day of January one thousand eight hundred and twenty, it shall not be lawful for any person or persons, either directly or indirectly, or by any deceitful way or means whatsoever, to take or receive any money or other thing of value, from any person or persons, for not bidding for any of the public lands within this State.

Sec. 2. And be it further enacted, That if any person or persons shall bid off any of the public lands within this State under an agreement previously entered into, to transfer for the same or any part thereof, for a premium or an advance to be paid thereof, in pursuance of such agreement, and shall take or receive any premium or reward, or other thing of value, for so doing, he, she, or they, shall be deemed guilty within the true intent and meaning of this act: Provided nevertheless, this act shall not be construed, so as to extend to any agreement or contract, which may be made without intent to violate or evade the provisions of this act, whereby any person or persons shall be employed and furnished with funds to purchase lands for others.


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Sec. 3. And be it further enacted, That all contracts entered into for the payment of money, or for securing the payment thereof, or from which a benefit might accrue to the obligee or his assignee, for not bidding for any of the public lands within this State, or for giving a premium or reward, for bidding off any of the public lands within this State, under a previous agreement to transfer the same, are hereby declared to be null and void to all intents and purposes whatsoever.

Sec. 4. And be it further enacted, That if any person or persons shall take or receive, any money or other thing of value, directly or indirectly, or by any deceitful way or means whatsoever, for the purpose of evading this act, for not bidding for any of the public lands within this State, or for bidding off any of the public land within this State, under an agreement previously entered into to transfer the same or any part thereof as aforesaid, he, she, or they, so offending, shall forfeit and pay for every such offence, double the value of the money or other things so taken or received aforesaid, to be recovered by action or debt, or on the case, one half to the use of him or them, that will sue for the same, and the other half to be paid into the public treasury, for use of the State.

Sec. 5. And be it further enacted, That if any person or persons shall violate the provisions of this act, he, she, or they, shall be liable to be indicted, and upon conviction thereof shall be fined, in a sum not exceeding two thousand, nor less than three hundred dollars, and be imprisoned for a term, not less than three nor more than twelve months, at the discretion of the court before whom, he, she, or they, shall be tried. Provided nevertheless, That no person shall be convicted on the evidence alone of either party concerned in any contract or agreement, mentioned in this act.

Sec. 6. And be it further enacted, That this shall be deemed a remedial statute, and shall receive a liberal construction; and that the Superior court shall have exclusive jurisdiction of all offences against this act.

Sec. 7. And be it further enacted, That it shall be the duty of the Grand Jurors, in the several counties in this State, when they believe an offence has been committed against the provisions of this act, to apply to the court, which they are summoned to attend, to issue a subpoena or subpoenas returnable instanter, for witnesses to appear before them and give evidence, in the same manner as witnesses now do, on bills of indictment, in such cases as it may be their duty to enquire.

Sec. 8. And be it further enacted, That nothing contained in this act shall be so construed, as to prevent any person, who has made improvements on the United States lands,


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from having the right to sell his right to the same, and recover for such consideration.

Sec. 9. And be it further enacted, That it shall be the duty of the judges of several courts of this state, and justices of the peace, upon information by affidavit, to issue their warrant or warrants, to bring before them, or any other judge or justice having cognizance of the same, any person or persons, who have violated any of the provisions of this act: and they are hereby directed and required, to bind any such offender or offenders to appear at the next circuit court to be holden for the county, in such sum as may be deemed proper, to answer the prosecution of the State, under such other regulations as are usual in criminal cases.

(Signed) JAMES DELLET

Speaker of the House of Representatives

THOMAS BIBB

President of the Senate

Approved- December 17, 1819

(Signed) WM. W. BIBB

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An act to amend the several laws regulating public Ferries, etc.

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, no person shall open or establish any public Ferry in this State, without first applying to the court of the county, within which such ferry may be; and the court, for good cause shewn by the party applying, may grant a licence to establish a ferry, consistent with the provisions of this act, and of the laws regulating public ferries.

Sec. 2. And be it further enacted, That it shall be the duty of the court, granting a licence to any person to keep a ferry, to cause the person to whom such licence is granted, to give bond with good security, in the penalty of not more than two thousand, nor less than five hundred dollars, to the said court and their successors, with condition that he, or they shall and will constantly find, provide, and keep, good and sufficient boats or other proper crafts, and a sufficient number of hands to attend to the same, and that he or they will keep in good order the banks on either side of the water-course, across which the ferry may be established. And if any person shall receive damages by any ferry-man, on account of his not having complied with the conditions of his bond, the person receiving such damages, may bring an action of debt against such ferry-man, on such bond, in the


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name of the court of the proper county, and recover for non-performance of said condition, so much damage, as he, she, or they, shall appear to have sustained; and thereupon, take out execution for whatever shall be so recovered, and apply the same to his, her, or their use. And it shall and may be lawful for any person, detained at any public ferry by reason for the ferry-man's not having sufficient boats or other proper crafts and lands, or by neglecting to do his duty, by a warrant from a justice of the peace, to recover of such ferry-man, the sum of five dollars for every default or neglect: Provided, That any such recovery shall not be deemed to bar any action for personal damages, sustained by any person, by reason of the insufficiency of said ferried and boats thereat.

Sec. 3. And be it further enacted, That if any person shall open or establish a ferry, without first obtaining a licence from the county court, agreeable to the provisions of this act, he, or they, shall be liable to pay a fine, not exceeding one thousand dollars; to be recovered by any person suing for the same, in any court of record having competent jurisdiction thereof, by action on the case, or otherwise.

Sec. 4. And be it further enacted, That it shall be the duty of all persons in this State, now keeping public ferries, or to whom a licence may hereafter be granted to keep a public ferry, to keep constantly put up, at some public place, at or near the public landing, the rates of ferriage. And it shall be the duty of all those who now have, or may hereafter have, public ferries across the Tennessee river, to keep a good and commodious cabin for the accomodation of travellers, on both sides of said river, at or near the public landing: Provided, That no keeper of a public ferry, shall be compelled to build cabins on other than his own land, or land that he may hold or lease by rent. And should any person or persons, now keeping a public ferry, fail to keep constantly put up at some public place at or near the public landing, the rates of ferriage, the party so neglecting shall forfeit and pay five dollars, for every month he shall fail to do so; to be recovered by a warrant before any justice of the peace, by the party informing and suing for the same. And should any person, who now has, or may hereafter have, a public ferry across the Tennessee river, fail to keep a good and commodious cabin at or near the public landing, he or they so failing, shall forfeit and pay ten dollars for every month he shall fail to do so; to be recovered on a warrant before any justice of the peace, by the party informing and suing for the same.

Sec. 5. And be it further enacted, That the clerks of the county court shall furnish the grand jury returned for the Superior court, at each and every session, a list all the


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public ferries in their respective counties: and they are hereby authorized to present to the court all those who have not kept their ferries in a good and lawful manner: And it shall be the duty of the judges of the said court, upon such presentment being made by the grand jury, to cause the person or persons so presented, to be summoned to appear before the said court, there to be tried by a petit jury, without any indictment being filed; and if found to be guilty of neglect or non-compliance, in said presentment, the court shall, and are hereby vested, with power and authority, to fine every such person or persons, in any sum not exceeding two hundred dollars.

Sec. 6. And be it further enacted, That this act shall take effect, from and after the first day of May next.

Sec. 4. And be it further enacted, That all laws and parts of laws, not repugnant or contrary to the provisions of this act, shall be, and the same are hereby continued in full force and virtue.

(Signed) JAMES DELLET

Speaker of the House of Representatives

THOMAS BIBB

President of the Senate

Approved- Dec.-, 1819.

(Signed) WM. W. BIBB

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An act providing for the preservation of the public arms.

SECTION 1. Be it enacted, by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That for the purpose of preserving the arms, which have been, or may be furnished to this State, by virtue of the acts of Congress providing for the arming and equipping the militia of the United States, the Governor be, and he is hereby authorized, to cause to be erected, a suitable building, on such lot or parcel of land reserved for public purposes, at the town of Cahawba, as he may designate; and that the arms aforesaid shall be deposited therein, and kept in proper order by some fit person, whom the Governor may appoint, under such rules and responsibility as he shall prescribe.

Sec. 2. And be it further enacted, That, to enable the executive to carry into effect the provisions of this act, and for defraying the expenses which have been, or may be, incurred in the transportation of the arms already furnished, a sum not exceeding one thousand dollars be, and the


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same is hereby appropriated, to be paid out of any monies in the treasury not otherwise appropriated.

(Signed) JAMES DELLET

Speaker of the House of Representatives

THOMAS BIBB

President of the Senate

Approved- Dec. 4, 1819

(Signed) WM. W. BIBB

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An act to establish a public road therein named.

Section 1. Be it enacted by the Senate and the House of Representatives of the State of Alabama, in General Assembly convened. That a public road be, and the same is hereby established, as follows, to-wit: Beginning on the great military road, leading from Columbia in Tennessee to Madisonville in Louisiana, at or near the place where Samuel Craig now lives, on the west side of Big-shoal creek in Lauderdale county, thence, the nearest and best way to the Tennessee river, at the ferry opposite the town of Bainbridge, Franklin county; thence southeast from the southern part of said town, the nearest and best way to the county line between the counties of Lawrence and Franklin; thence south along said county line, wherever the situation of the ground will admit, and at all times as near the said line as practicable, to the southern boundaries of the counties of Lawrence and Franklin, thence the most eligible route to the falls of Tuskaloosa river.

Sec. 2. And be it further enacted, That the said road shall be opened and kept in repair in the following manner, to-wit: The Judges of the inferior court for the county of Lauderdale, shall, at the first session after the first day of January eighteen hundred and twenty, appoint five landholders of said county to view and report to said court at their next session, the best and nearest route for said road, from the military road to the Tennessee river as designated in the first section of this act, and the Judges of the inferior court of said county of Lauderdale, shall appoint and direct an overseer, with a sufficient number of hands, to open and keep the same in good repair.

Sec. 3. And be it further enacted, That John B. Cobbs, Obadiah Waller, William Bryant, George Vandiver, Nicholas King, and Vance Cunningham, on the part of the county of Lawrence; and Levi J. Gist, Richard Ellis, Samuel B. Harris, William Skinner, William Mullen, and George Russell, on the part of the county of Franklin, are appointed commissioners, who, or a majority of them, are


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empowered, and are hereby required, to meet at Bainbridge, within twenty days after the end of the first session of the county court of the county of Franklin, in the year eighteen hundred and twenty; and the sheriff of the county of Franklin shall notify the commissioners of his county of the time of meeting, (which he shall determine, ) and also inform the sheriff of Lawrence county, giving him ten days notice, at least, of the time; and the sheriff of Lawrence shall summons the commissioners of his county; and the said commissioners, or a majority of them, shall proceed to view the route pointed out in the first section of this act, to the southern boundary of the said counties of Lawrence and Franklin; and the said commissioners shall divide the road by them so reviewed, into four divisions, as nearly equal in distance and labour as may be practicable; the first of which districts shall commence at Bainbridge, the overseers to which shall be appointed by the county court of Franklin county; the county court of Lawrence shall appoint the overseers for the second division: The county court of Franklin shall appoint an overseer to the third division; and the county court of Lawrence shall appoint the overseer to the fourth division. And all persons liable to work on public roads, within two miles of said road on either side thereof, shall be bound to assist in opening said road, and keeping the same to repair.

Sec. 4. And be it further enacted, That John Byler of the county of Lawrence and his associates be, and they are hereby authorized and empowered to continue the said road from the southern boundary of the counties of Lawrence and Franklin, to the centre of the southern boundary of township numbered eighteen, of range numbered ten west, the most eligible route which they can or may have discovered. And the said John Byler and his associates are hereby authorized, so soon as they have opened the said road, to erect a turnpike gate at some convenient place thereon, and persons traveling the road, shall pay to the said John Byler and his associates the following rates of toll, to-wit: On a four wheel carriage, and team, seventy-five cents, on a two wheeled carriage fifty cents; on a man and horse, twelve and half cents; on each pack horse, six and a fourth cents; for a loose horse, six and a fourth cents; for each head of cattle, one cent; for each head of hogs and sheep, half a cent. And if any person shall break through or round the said turnpike gate, with an intention to avoid payment as required by this act, they shall forfeit and pay for every such offence, triple the amount by them due to the said John Byler and his associates, to be recovered by any action of debt before any Judge of Justice of the peace. And the said John Byler and his associates shall continue to keep said road in good repair and to re-


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ceive all the profits arising from the same, for the term of twelve years, at the expiration of which the same shall be held subject to the disposition of the Legislature of this State.

Sec. 5. And be it further enacted, That so soon as John Byler and his associates may have opened the road to the centre of the southern boundary of township numbered eighteen of range numbered ten west, and notice thereof being given by said Byler or his associates, it shall be the duty of the Judges of the inferior court of the county of Tuskaloosa, to cause the residue of the road to the falls of Tuskaloosa river, to be viewed by five white male citizens of said county, who shall be sworn to mark the same, from the place of intersection, on the township line between townships eighteen and nineteen, the nearest and best way to the town of Tuskaloosa; and the Judges of the inferior court of the county of Tuskaloosa aforesaid, are hereby required to appoint an overseer of said road, with hands sufficient to cause the same to be opened forthwith, and keep the same in good repair thereafter.

Sec. 6. Be it further enacted, That the county courts of Tuskaloosa, Franklin and Lawrence, shall each appoint one commissioner, whose duty it shall be to examine that part of the aforesaid road, which is to be cleared by John Byler, twice in each year, and make report annually to the legislature of this state, of the condition in which the said John Byler and his associates have kept said road, each of whom shall receive for his services two dollars, for each day they may necessarily be engaged in viewing said road, to be paid by said John Byler and his associates.

(Signed) JAMES DELLET

Speaker of the House of Representatives

THOMAS BIBB

President of the Senate

Approved-Dec 16, 1819

(Signed) WM. W. BIBB

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An act to alter and amend the laws respecting Strays.

SECTION 1. Be it further enacted by the Senate and House of Representatives of the State of Alabama in General Assembly, convened, That the office of Ranger be, and the same is hereby abolished, and that the duties which by law appertained to the office of Ranger, shall hereafter be done and performed by the Clerks of the county courts in their counties respectively, who shall be entitled to the same fees for all services performed, as are provided by law for ranger.


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Sec. 2. And be it further enacted, That all rangers shall deliver to the clerks of the county courts in their respective counties the several stray books of such county, who shall proceed in all cases in the same manner as the ranger would have proceeded.

Sec. 3. And be it further enacted, That in all cases, when any stray is not valued at a sum exceeding fifty dollars, the said clerks shall proceed to sell the same for cash in six months after the appointment thereof: and when the value of a stray, or strays does not exceed twenty dollars, the same shall be sold in six months after the date of the certificate of appraisement.

Sec. 4. And be it further enacted, That all acts and parts of acts, coming within the meaning and purview of this act, be, and the same are hereby repealed.

Sec. 5. This act shall be in force from and after the first day of February next.

(Signed) JAMES DELLET

Speaker of the House of Representatives

THOMAS BIBB

President of the Senate

Approved-December 17th, 1819

(Signed) WM. W. BIBB

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An act to provide for the removal of the public offices.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That all officers who are required by law to keep their offices at the seat of government of this state, shall remove the same to the town of Cahawba, within three months from and after the close of the present session of the General Assembly; and the necessary expenses of removing the public seal, record, and papers, shall be paid out of any monies in the treasury, not otherwise appropriated.

(Signed) JAMES DELLET

Speaker of the House of Representatives

THOMAS BIBB

President of the Senate

Approved- December 13, 1819

(Signed) WM. W. BIBB


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An act to authorize the holding an election therein named.

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 holden in the county of Jackson, an election at the several places of holding elections in said county, on the fourth Monday of February next, for the purpose of electing a Sheriff, a Clerk of the circuit court, and a Clerk of the county court, which elections shall be holden and conducted in the same manner that election of members of the General Assembly are conducted.

(Signed) JAMES DELLET

Speaker of the House of Representatives

THOMAS BIBB

President of the Senate

Approved-December 17, 1819

(Signed) WM. W. BIBB

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An act to lease certain Salt Springs.

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, to appoint one fit and proper person, who shall have power to lease the Salt Springs and lands donated by the Congress of the United States, by act of the second of March, eighteen hundred and nineteen, to this State, for a term not exceeding that stipulated in said act of Congress, on such terms as will ensure the working the same, most extensively, and most advantageously to this State.

(Signed) JAMES DELLET

Speaker of the House of Representatives

THOMAS BIBB

President of the Senate

Approved-December 17, 1819

(Signed) WM. W. BIBB

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