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An act to establish a public road from the southern boundary line of township eight, in range four or five, west of the basis meridian of Huntsville, to the Falls of Tuskaloosa.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That a public road leading from the southern boundary line of township eight, in range four or five, west of the basis meridian line of Huntsville, by the nearest and best rout to the Falls of Tuskaloosa river, be, and the same is hereby established.

Sec. 2. And be it further enacted, That Thomas D. Crab, and his associates be, and they are hereby authorised and empowered to lay out and open said road from the said eighth township line, in range four or five west as aforesaid, by the most eligible rout which they have or hereafter may discover.

Sec. 3. And be it further enacted, That the said Thomas D. Crab, and his associates be, and they are hereby authorised, so soon, as they shall have layed out and opened said road, to erect two turnpike ages thereon, at some convenient places, as nearly equidistant from the two extremes of said road as may be practicable. And the said Thomas D. Crab, and his associates may demand and received of, and from each and every person who shall or may travel on said road, and pass through the said gate or gates; at each gate the following rates of toll, to wit: For every four well carriage, thirty-seven and a half cents: for every two wheel carriage, twenty-five cents: for every man and horse twelve and a half cents: for every pack horse, six and a fourth cents: for every loose horse, six and a fourth cents; for every head of cattle, one cent; and for every head of hogs or sheep, one half cent. And if any person shall pass round, or through said gate, with intent to avoid the payment of toll, he or she, shall for every such offence, forfeit and pay to the said Thomas D. Crab, and his associates, treble the amount which his, her, or their toll would have been: to be recovered before any justice of the peace, with legal cost for the same.

Sec. 4. And be it further enacted, That the county court of Cotaco, shall appoint two or more persons, who shall view said road established by virtue of this act; and they shall decide, whether in their opinion the road is completed in a good and sufficient manner, that wagons carrying two thousand pounds, and drawn by four horses, can conveniently pass the same.

Sec. 5. And be it further enacted, That it shall be the duty of the county court of Cotaco, when application is made, or in their opinion it is necessary to appoint two or more commissioners to examine said road, and report their opinion to the county court. And if, in the opinion of the commissioners appointed by virtue of this act, the road is not in good and complete order, they shall direct the turnpike gates to be opened, and no toll shall be demanded or received, under the penalty of twenty dollars. And should the said Thomas D. Crab and his associates be convicted of receiving toll, when the gates are directed to be opened the second time, they shall forfeit all rights, privileges and immunities under this act.

Sec. 6. And be it further enacted, That when the turnpike gates have been opened, and the said Thomas D. Crab and his associates shall conceive the road repaired in a good and sufficient manner, they shall apply to the county court of Cotaco, to appoint two commissioners to

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view and report said road, under their hands and seals; and the report of the commissioners shall be entered of record by the clerk of the county court, and then it shall be lawful for the said Thomas D. Crab and his associates, to received the tolls allowed by virtue of this act; Provided, the commissioners are of opinion, the road is in sufficient repair. And the commissioners appointed by virtue of this act, shall receive such compensation, as the county court may direct; to be paid by the said Thomas D. Crab and his associates.

Sec. 7. And be it further enacted, That the said Thomas D. Crab and his associates shall commence the said road within six months, and the same shall be completed within eighteen months. And the said Thomas D. Crab and his associates shall have all benefits and profits arising from the tolls, for the period of twelve years.

[Approved December 18, 1820.]

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An act authorsing Lotteries for the benefit of the Alabama Lodge No. 51. of Ancient Free Masons, Halo Lodge of Cahawba, and Rising Virtue Lodge No. 30, of Tuskaloosa.

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 lawful for John Murphy, William B. Patton, Henry W. Taylor, Gurdon Robinson, John Gayle, James Dellet and Charles O. Foster, 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 Alabama Lodge number fifty one of ancient Free Masons, in the town of Claiborne.

Sec. 2. And be it further enacted, That the aforesaid John Murphy, William B. Patton, Henry W. Taylor, Gurdon Robinson, John Gayle, James Dellet, and Charles O. Foster, or as many of them as may choose to serve, shall before they enter upon the duties assigned to them it this act, enter into bond with sufficient security before the Chief Justice of the County Court of Monroe county, conditioned for the faithful discharge thereof: which bonds may be put in suit in the name of the Governor of the state of Alabama for the time being, by any person injured by a breach of any of the provisions of this act.

Sec. 3. And be it further enacted, That it shall be the duty of the aforesaid persons or as many of them as may choose to act, within nine ty days of the completion of the drawing of said lottery, to pay to the fortunate drawers in said lottery or to their heirs or assigns such prized as may be due, agreeably to the scheme they may have determined upon and published.

Sec. 4. And be it further enacted, That the drawing of said lottery may be had at the town of Claiborne, or at any other place that may be agreed upon by the managers aforesaid; giving due notice of the time and place of such drawing, which shall be conducted in such manner and under such regulations and responsibilities as to the aforesaid persons may seem most expedient: Provided, that each clerk or other persons concerned in the drawing shall take an oath before any justice of the peace, faithfully and impartially to discharge their respective duties.

Sec. 5. And be it further enacted, That if the said lottery or any class thereof be not drawn within three years of the scheme of the same shall have been published, the same shall cease, and the purchasers of tickets may demand and recover of the managers of persons before


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named in the first and second sections of this act, any money disbursed for tickets in said lottery.

Sec. 6. And be it further enacted, That the managers aforesaid shall report to said lodge within six months after the passage of this act, and at such times thereafter, as may be ordered by said Lodge, the progress made in the sale of tickets, or in the drawing of said lottery.

Sec. 7. And be it further enacted, That the said managers shall pay over, all and any monies which may be raised under this act, to the order of said Lodge or to such person or persons as may be authorized to received the same, by said Judge for the purpose of erecting and furnishing a Masonic Hall.

Sec. 8. And be it further enacted, That the master of said Lodge, be, and he is hereby authorized, by and with the consent of the officers and members of said Lodge, to acquire by purchase or accept as a donation an eligible, lot or parcel of ground, not exceeding two acres, within the limits of the town of Claiborne, on which to erect said Masonic Hall; and the title to or in said lot or parcel of land, with all and singular the appertenances, so obtained as aforesaid, shall vest, and is hereby vested in the said Master, officers, and members of said Lodge and their successors in office, to the sole use, benefit and behoof of said Lodge.

Sec. 9. And be it further enacted, That it shall and may be lawful for John Taylor, senior, William Taylor, John B. Norris, H. G. Perry, W. R. Peters, Jesse Beene, Jonas Brown, William B. Allen, David McCord, Dunklin Sullivan and Edward Gantt or a majority of them to raise by lottery in one or more classes as to them may seem most expedient, any sum not exceeding twenty thousand dollars, to be appropriated in erecting and furnishing Masonic Hall for the use and benefit of Halo Lodge in the town of Cahawba, under the same regulations, requisitions and responsibilities as are herein before prescribed for the Alabama Lodge number fifty one of ancient Free Masons.

Sec. 10. And be it further enacted, That it shall and may be lawful for Charles Lewen, Constantine Perkins, James Cain, Marmaduke Williams, and John Inge, or a majority of them, to raise by lottery in one or more classes, as to them may seem most expedient, any sum not exceeding fifteen thousand dollars to be appropriated to the erecting and furnishing a Masonic Hall for the use and benefit of the Lodge Rising Virtue, number thirty, at the town of Tuskaloosa, under the same regulations, and responsibilities, as herein before prescribed for the Alabama Lodge number fifty one of ancient Free Masons.

[Approved December 11, 1820.]

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An Act to vest certain lots in the Intendant and Council of the town of Cahawba, 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 square of lots in the town of Cahawba bounded west and east by Beech and Ash streets, and north and south by Fifth and Sixth south streets, and reserved by the Governor for a Grave Yard, be and the same is hereby vested in the Intendant and Council of said town and their successors in office, for the purpose of a public grave yard under such rules and regulations as the said Intendant and Council may from time to time ordain and establish relative thereto, and for the benefit of the inhabitants of said town.


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Sec. 2. And be it further enacted, That all the cross streets in said town be continued in an easterly direction to the margin or waters edge of the Alabama river, and that the same be, and are hereby declared to be public streets, to the margin of the river as aforesaid.

Sec. 3. And be it further enacted, That the commissioners of the public lands of the town of Cahawba be and they are hereby directed and required to open and make a good and sufficient ferry landing on the Alabama river, where Arch Street strikes said river, and that they keep the same in repair; to be paid out of any monies arising from the rents of the reserve lands and ferries of the town, not otherwise appropriated; Provided, the same shall not exceed the sum of four hundred dollars.

Sec. 4. And be it further enacted, That the Governor be, and his is hereby authorized and invested with full power to lay off in convenient lots the lands belonging to the state in the town of Cahawba on the margin of the rivers Cahawba and Alabama, between first and third north streets, and expose the same to sale, under the same rules and regulations as lots have been heretofore sold in the town of Cahawba.

[Approved, December 20, 1820.]

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An Act, to amend an act, entitled an act, providing for the determination of Suits and Controversies by arbitration, passed at Huntsville, Dec. 13, 1819.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That so much of an act, passed at Huntsville, December 13, 1819, entitled an act, providing for the determination of suits and controversies by arbitration, as requires the parties to make a concise statement in writing to a Judge, be, and the same is hereby repealed.

Sec. 2. And be it further enacted, That hereafter it shall be lawful to make such statement in vacation of the court, to the clerk where such suit is pending, who shall issue the order heretofore required to be issued by the Judges.

[Approved, December 11, 1820.]

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An Act to amend an act, entitled "An act for the inspection of Lumber, and certain other articles therein named," passed at Huntsville, on the 17th day of December, 1819.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That all white oak hogshead and pipe staves intended for exportation, shall hereafter be of the following dimensions, to wit: hogshead stave, forth two inches long, three and one half inches wide, and three fourth, of an inch think on the thin or heart edge, clear of sap; pike staves fifty four inches long, not less than three inches wide and three fourths of an inch thick, on the thin or heart edge, clean of sap.

Sec. 2. Be it further enacted by the authority aforesaid, That it shall be the duty of the inspector of staves, from and after this state, when, required so to do, by the purchaser or seller of staves of any kind, to cull the merchantable from the refuse staves, and the refuse slaves so culled shall be the property of the seller : Provided however, that in the event of any persons or persons, shipping or attempting to ship any such refuse staves, that he or they shall be liable to the same penalties as are imposed by the act of which this is an amendment. And the inspector of staves who may cull staves as required by this act, shall received the following fees of inspection, to wit: for white oak hogshead


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and pipe staves, and hogshead heading seventy five cents per thousand, for inspecting red oak hogshead staves, read oak barrel staves and with oak barrel staves and heading, fifty cents per thousand; and for inspecting and branding pitch, rosin, tar and turpentine four cents per barrel.

Sec. 3. And be it further enacted by the authority aforesaid, That in all cases where there is no agreement between the seller and purchaser of any article of lumber, staves and naval stores to the contrary, all expences of inspection and directing charges, where said articles are carried to market on rafts shall be borne and paid jointly by the parties.

Sec. 4. Be it further enacted by the authority aforesaid, That this act shall be in force, and take effect from and after the passage thereof. And that all acts or parts of acts coming within the meaning and purview of this act, shall be and the same are hereby repealed.

[Approved December 20, 1820.]