An act to incorporate an Aqueduct Company in the City of Mobile.
WHEREAS, it has been represented, that it would be of singular advantage to the health, and commerce of the city of Mobile, to be supplied with water from some of the running streams in its vicinity, which would be attended with too much labor and expence to be effected by laying a tax for the purpose: and whereas, it has also been represented, that certain individuals have agreed to associated themselves together for the purpose of conducting a supply of water from a Creek called Three Mile Creek, otherwise Bayou Chatogue, for the use of the citizens and other persons residing in the city of Mobile: Therefore,
Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That Lewis Judson, Addin Lewis, Archibald W. Gordon, William H. Robertson, and Francis W. Armstrong, their heirs, executors, administrators and assigns be, and they are hereby created and constituted a corporate, and body politic, by the name and style of "The Mobile Aqueduct Company," and; by that name, they shall be, and are hereby, made able and capable in law to have, purchase, receive, possess, enjoy and retain to them, and their successors, lands, rents, tenements, hereditaments, goods, chattels, and effects of whatever kind, nature, and quality, and the same to sell, grant demise, alien, and dispose of; to sue, and to be sued, plead and be impleaded, answer and be answered, defend and to be defended, in any suit, action, matter or thing depending, in any court of law or equity, and also to make, and have, and use a common seal and the same to break, alter, and renew at their pleasure, and also to ordain, establish, and put in execution, such byelaws, ordinances and regulations, as they shall deem necessary and convenient for the government of said corporation, and for the attainment of the object of its creation, not being contrary to this charter, or the laws of
this State or of the United States, and generally to do, and to execute all and singular the acts, matters and things, which to them may appear necessary, or which to them it may appertain to do, as incident to bodies corporate under the restrictions before mentioned.
Sec. 2. That the members of the said corporate be, and they are hereby authorized and empowered as soon as practicable, and by the best means within their power, and by the nearest practicable rout, to dig, to cause to be dug, a channel, or canal sufficiently deep and wise to contain logs of an adequate size, with a calibre large enough to contain and conduct a sufficiency of water, to supply the citizens and other persons of Mobile with water, and from time to time and at all times hereafter, during the continuance of this charter, to enter upon the rout and course of the said canal, or ditch, as they may deem it necessary, for the purpose of laying, repairing, altering, or amending the said logs, canal, or ditch, hereby declaring it lawful for the members of the said corporation, or any of either of the, their successors or assigns, or others employed by them for that purpose, from time to time, as often as in their opinions it may be necessary to enter upon the lands of any person through which the said canal, or ditch may pass for the purpose of opening the said canal or ditch, and placing the logs therein, and from time to time, and at all times thereafter, during the continuance of this franchise to re-enter as often as they may deem it necessary so to do, for the purpose of repairing the aforesaid canal, or ditch, or replacing any logs that may be decayed, or otherwise injured, they being liable and accountable to the legal owner, or owners of the land, through which the said canal or ditch may pass, for any special damages that may be sustained by reason of the aforesaid canal or ditch being dug and continued as aforesaid, which said damage shall be ascertained by appraisers, two of whom shall be chosen by said corporation, and two others by the owner or owners of said land; and in case of difference, the said four appraisers shall choose a fifth appraiser or arbitrator, and the appraisement by them made shall be conclusive on both parties as the damage done; Provided nevertheless, that the said canal or ditch shall not be dug through any lot or lots in the city but shall be conducted along any of the streets thereof, as may be most practicable.
Sec. 3. And be it further enacted, by the authority aforesaid, That the said corporate, and their successors shall have and enjoy the exclusive right and privilege of conduction and bringing water for the supply of said city for the space of forth years; Provided, the said corporation, or their successors shall before the expiration of three years, from the passage of this act, cause to be conducted the water from the said Bayou or creek; to the said city of Mobile in the manner herein before proposes; and provided also, that after the expiration of the said term of years, the said water works shall become the property of the said city, and shall be for the free use of the inhabitants thereof, forever: Provided also, the said corporate shall not carry the canal or ditch through the land of any person or persons, without first obtaining from the owner, by purchase or otherwise, the privilege of doing so.
Sec. 4. And be it further enacted, That if any person or persons whatsoever shall wantomly deface, removed, or otherwise injure or disturb the logs placed in the aforesaid canal or ditch, pipe or pipes of lead or other thing that may lead from the logs aforesaid, or shall remove from above the said logs, any earth covering them, or shall obstruct or
injure, by logs, bushes, earth or other materials, the water of the said creek at any place between the source thereof and the place whence the water may be taken or conducted for the use of the sad city as aforesaid, he, she or they so offending, for every such offence shall forfeit and pay the sum of twenty dollars, to be recovered by action of debt before any justice of the peace, one half thereof shall go to the use of the said city of Mobile, and the other to the informer; and moreover, such person shall be liable to pay also any particular damage that may be sustained thereby by the said corporate, and the informer is hereby declared a competent witness to prove any injury done as aforesaid.
Sec. 5. And be it further enacted, That it shall and may be lawful for the said corporation and their successors, to take, demand and receive from every private family, any sum, not exceeding one dollars per annum, for each and every person, including servants and children, of which said family may consist, in consideration of being supplied with water, as is in this act provided; and for each, and every public house or tavern, the sum of twenty dollars, in addition to the sum demanded of a private family; and for each and every private boarding house, the sum of fifteen dollars in addition to the rate of sum aforesaid, to be paid half yearly in advance; Provided, That no person be obliged to pay for anytime that the water may be stopped, whether by accident or otherwise, and a proportionable deduction shall be made for all such time as aforesaid: and provided also, That no persons shall be compelled to pay the sum of sums aforesaid, who does not use directly or indirectly the water conveyed to said city as aforesaid.
Sec. 6. Be it further enacted, That it shall and may be lawful for the corporation aforesaid and their successors to demand, take, and receive for each and every pipe or hogshead of water, conveyed to the city as aforesaid, which may be taken for the use of ships or vessels, any sum not exceeding seventy five cents, and in like proportion for casks of smaller size.
Sec. 7. Be it further enacted, That any person or persons inhabitants of said city, who shall use the water conveyed to the city as aforesaid, and shall not have declared his, or her, or their intention so to do, nor have paid the sum or sums by this act authorized to be demanded and received, any such person so offending shall forfeit and pay double the sum, he, she or they would have been liable to have paid by the previous provisions of this act, to be recovered by action of debt; before any justice of the peace, to the use of said corporate and their successors.
Sec. 8. Be it further enacted, That the said corporation shall put up, or cause to be put up at least six Hydrants, in six of the most convenient places, within the said city, and also shall fix a like number of convenient places for use in case of fire, which places shall be designated by the Mayor and Aldermen of said city, and the said Hydrants shall be supplied with convenient and good cocks to facilitate the drawing of the water.
Sec. 9. And be it further enacted, That if any person or persons shall willfully cut, mutilate, or otherwise deface injure the said Hydrants, or any part thereof, he, she or they so offending, shall pay a fine of twenty dollars, recoverable by action of debt, before any justice of the peace, for the use of the corporation aforesaid; and if any person or persons shall carelessly or negligently leave the water running, or shall not stop the cock, for every such act, he, she or they (or if a child)
his or her parent or guardian, or if a slave, his or her master shall pay for every such act of carelessness or negligence, the sum of two dollars, recoverable before a justice of the peace, at the suit of said corporation and to their use.
An act to alter the boundaries of certain counties therein mentioned.
Section 1. BE it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That Perry county shall hereafter be bounded as follows, to wit: beginning at John Allen's on Mulberry creek, running North to the northern boundary of Township twenty one, on the Range line between Ranges eleven and twelve, thence West to the range line between Ranges six and seven, thence North to the northern boundary of Township twenty three, thence West six miles, thence South twelve miles, thence the former boundary line to the place of beginning.
Sec. 2. And be it further enacted, That all that tract of Country, beginning at the north boundary of Township twenty one, on the Range line between Ranges eight and nine, thence West to the line between Ranges six and seven, thence North to the northern boundry of Township twenty three, thence East to the Range line between Ranges seven and eight, thence North to the northern boundary of Township twenty four, thence East to the present boundary line of Bibb county, shall be added to, and made a part of the county of Bibb.
Sec. 3. And be it further enacted, That all that part of Perry county lying and being in Range five, Township twenty two, shall be added to, and made a part of the county of Greene.
Sec. 4. And be it further enacted, That, that part of Perry county laying in Township twenty three, Range five, and Township twenty four Range six, shall added to, and made part of the county of Tuskaloosa.
An Act to authorise persons who have settled on the sixteenth section in each township to remove mill-works machinery, 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 any person or persons who have settled on the sixteenth section in each township, shall be, and he, she or they, are hereby authorised to remove any mill, water works, or other machinery, which may have been erected by him, her, or them, on the same, provided, that the agents or commissioners of the sixteenth section in each township do not purchase the same, under such rules and regulations as are hereinafter specified.
Sec. 2. And be it further enacted, That the agents or commissioners of school lands in each township be, and they are hereby vested with the power and authority to purchase any mills, or other machinery erected by any settler, on the sixteenth sections, on such terms as they may deem equitable and just. And the purchase money shall be paid by said agents, or commissioners, out of the money arising from the rents or leases of the sixteenth section, on which such mill or machinery may be erected.
Sec. 3. And be it further enacted, That the provisions of the foregoing sections, shall extend to settlers on the seventy two sections reserved by the State for the purpose of a seminary of learning.
An Act to authorize the administrator of Thomas Ragland, deceased, to sell and transfer certain certificates of land 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 Watkins, administrator of the estate of Thomas Ragland, deceased, of the county of Wilcox, be and he is hereby authorized to sell and transfer, all or any number of the certificates of land purchased by said Thomas Ragland, deceased, within this state, of such terms as he may deem most advantageous: Provided, the administrator, aforesaid, shall give at least, thirty days notice of the sale thereof, in some public newspaper within this state: And provided also, that the same shall be sold at private sale, or public auction at the town of Claiborne or at the late residence of the deceased, in the county of Wilcox.
Sec. 2. And be it further enacted, That upon the sale of any one or all of the certificates aforesaid; the administrator, aforesaid, shall have power, and he is hereby authorized, to make as complete and as legal a transfer of the same, to the purchaser or purchasers, as could have been made by the deceased during his life time: Provided, that the said administrator shall before the sale of all or any of the said certificates, enter into bond with sufficient security, payable to the Chief Justice of the County Court of Wilcox county, for the faithful distribution of the money arising from the sale thereof, according to the laws relating to, and regulating the estate of intestates.
An Act to authorize the Executrix of William Baldwin, to sell and convey certain real estate.
Be it enacted by the Senate and House of Representatives of the state of Alabama in General Assembly convened, That Sarah Baldwin, Executrix of William Baldwin, late of Washington county, deceased be, and she is hereby authorized to sell certain quarter sections of land in township number twenty in range number three East, in the land district East of Pearl river, and being within the county of Greene, and to transfer the certificates thereof: Provided, that said Executrix shall, before such sale and transfer, enter into bond with sufficient security, payable to the Chief Justice of the County Court of Washington County, for the proper disposition of the money arising from the sale of the said land, agreeably to the existing laws regulating the distribution of the personal estates of deceased persons; And provided also, that thirty days notice of the time and place of sale, be published in some public paper printed in this State, and that the sale be made at the Court House of Greene county.