AN ACT requiring the Judges of the circuit courts to alternate, 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 hereafter the several judges of the circuit courts shall alternate in such manner, that each and every judge shall preside successively in every circuit in this state, which arrangement shall take place from and after the next sitting of the supreme court.

Sec. 2. Be it further enacted, That whenever it shall become necessary by the existing law that the judge of any circuit should hold an intermediate court for any count, that any judge not presiding in that circuit may hold the same.

Sec. 3. And be it further enacted, That if it should so happen that any of the circuit courts should not be able to dispose of all the business depending in any of said courts at their regular terms, it shall be the duty of the judge of the circuit in which such undisposed of business may be, at a convenient time, between the regular terms of said courts, in which such undisposed of business may be, to hold a special term or terms of such courts, which term and time shall be fixed, and notice thereof given at the preceding regular term by the presiding judge of said court, and notice thereof giv-


67

en by order of said court, in some respectable newspaper in or nearest to said circuit, to which intermediate court a jury shall be summoned as directed by law to the regular terms of said court, as well as witnesses, whose testimony may be desired in said court: Provided that the judge shall not be required to hold any one of said intermediate courts longer than two weeks, which court shall be considered a continuance of the regular term: Provided that nothing in this act shall be construed to prevent any one of the circuit judges in this state from holding any of such intermediate courts as may be agreed on by them: provided also, that said intermediate courts shall be devoted exclusively to the civil and chancery docket.

Sec. 4. Be it further enacted, That any judge of the circuit court whenever he may deem it necessary shall hold a special court for the trail of any slave or slaves, prosecuted for a capital offence, and for this purpose the clerk and sheriff shall be ordered to summon twenty-five jurors to attend the said court for the trail of such slave or slaves.

(Approved Jan. 14, 1826.)

AN ACT to alter the manner of electing Major and Brigadier General.

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, all major and brigadier generals shall be elected by all free white males over the age of eighteen years, in their respective divisions or brigades.

Sec. 2. And be it further enacted, That the elections for the said major and brigadier generals shall be held at the same places subject to the same rules, regulations and restrictions as are prescribed by law for holding and conducting elections for members of the general assembly of this state.

Sec. 3. And be it further enacted, That all laws contravening the provisions of this act, be and the same are hereby repealed.

(Approved January 10, 1826.)

AN ACT to incorporate the school commissioners of the fourth township and eighth range west from Huntsville, 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 present trustees of the sixteenth section, fourth township, and eighth range, west from Huntsville, be and they are hereby authorized and required, as soon after the passage of this act as practicable, to cause an election to be holden at the school-house on said sixteenth section, for five school commissioners of said township, after having advertised the time and place of holding the same at least fifteen days, at said school-house, and at four other places in said township; which election shall be superintended by shree free-holders or house-holders of said township, to be appointed for the purpose, by said trustees, who shall be previously sworn impartially to conduct said election. And should any of the commissioners so elected fail to accept within one month after their election, or die, resign, remove from said township, or become otherwise disqualified, it shall be the duty of the remaining commissioners, within one month thereafter, to cause an election to be holden, to fill the vacancy or va-


68

cancies so occasioned, at the school-house on said sixteenth section, after having advertised the time and place of holding the same, as within prescribed, and such election shall be managed by three free-holders or house-holders of said township, to be appointed by the acting commissioners thereof, who shall be previously sworn impartially to superintend said election.

Sec. 2. And be it further enacted, That if at any time after the election of said school-commissioners ten free-holders or house-holders of said township, shall unite in laying before said commissioners, at one of their regular meetings, a complaint in writing, against any one or more of said commissioners, as school-commissioners of said township, then, and in every such case, it shall be the duty of said school-commissioners, as soon thereafter as practicable, to cause an election to be holden in the manner and at the place prescribed in the first section of this act, to ascertain the will of the majority of the inhabitants of said township, as to the removal of the commissioner or commissioners so complained of, and the appointment of others in their stead. And should others be elected in the room of any one or more of said commissioners so complained of, the person or persons so elected, shall be deemed and considered their legal successor or successors. And in all cases, before any school-commissioner of said township shall enter upon the discharge of the duties of his station, he shall take and subscribe before some justice of the peace or judge of this state, the following oath, to wit: I do solemnly swear or affirm (as the case may be) that I will, to the best of my skill and ability, and without partially or favor, discharge the duties of school-commissioner of township four, range eight, so long as I continue in office, so help me God.

Sec. 3. And be it further enacted, That said school-commissioners and their successors in office, be and they are hereby constituted a body corporate, by the name of the school-commissioners of the fourth township, eight range, west of Huntsville; and by their said corporate name they may sue and be sued, plead and be impleaded, take, hold and receive; sell, alien and convey real and personal property, and make and alter all necessary rules, regulations and by-laws for the government of themselves, as commissioners aforesaid, and contracts and regulations for the establishment and government of schools in aid township, not inconsistent with the laws and constitution of this state, or those of the United States, or the other provisions of this act.

Sec. 4. And be it further enacted, That as soon after the election of said school-commissioners as practicable, they shall proceed to lay off and divide said sixteenth section, in township four, range eight, into as many lots and divisions as they may deem best calculated to promote the advantageous leasing thereof; and after having advertised the time, place and terms of lease, in one or more newspapers, published within twenty-five miles of said sixteenth section, and at the school-house on the same, at least six weeks previously, shall proceed to lease such lots so laid off, lot by lot, to the highest bidder at public auction, for the term of ninety-nine years from and after the leasing thereof; Provided nevertheless, that the minimum price which said commissioners shall take for said land, shall be seventeen dollars per acre, payable in four annual instalments, to carry interest from the day of lease, with permission to the purchaser or purchasers to withhold the punctual payment of the three first instalments, after they become due, for two years after the time each of said instalments become due, upon the punctual payment of the


69

interest accrued thereon; which payments by instalments shall be secured by bond with at least two good and sufficient securities, together with a deed of trust on the premises leased.

Sec. 5. And be it further enacted, That as soon as the whole or any one of said instalments shall be collected, it shall be the duty of said school-commissioners to vest the proceeds in stock of the Bank of the United States, or the Bank of the state of Alabama, as they may choose, which stock shall be entered on the books of said Bank in the mane of the school commissioners of the fourth township, eigth range west from Huntsville, and their successors in office. And said school-commissioners and their successors in office, shall have power and they are hereby authorized to draw the dividends of said stock, and appropriate the money to the support of the public school in said township, provided, that nothing herein contained shall be so construed to vest in said school-commissioners or their successors in office, the power of selling, transferring or in any manner disposing of or interfering with said stock, other than to draw for and receive the dividends, which may from time to time, be declared on said stock.

Sec. 6. And be it further enacted, That a majority of said school commissioners shall constitute a board for the transaction of all business relating to the duties of their appointment. That they, in addition to the powers herein before granted, shall be and they are hereby authorized and empowered to appoint a clerk and treasurer of their board, to prescribe their duties, and to bind them to a faithful discharge thereof, in such manners as they may think proper and best; provided nevertheless, that if at any time, by death, resignation, removal or otherwise, less than a majority of the whole number of said commissioners should be in office, those in office, or a majority of them may and they are hereby authorized to take the steps prescribe by the previous sections of this act, to fill such vacancies: Provided that this act shall not take effect, until the consent of the inhabitants of said township shall be obtained thereto.

(Approved, January 12, 1826.)

AN ACT to extend the corporate limits of the town of Mobile, and for other purposes. Whereas, it appears to this General Assembly, by the petition of sundry inhabitants of the town of Moulton and its immediate vicinity, that they are desirous of having the corporate limits of said town extended.

Section 1. Be it enacted by the Senate and House of Representatives of the state of Alabama, in general assembly convened, That the corporate limits of the town of Moulton in the county of Lawrence, as heretofore established by law, be, and they are hereby extended on the north of said town nine hundred feet, or the depth of three blocks of lots with sufficient alleys, on the east side twelve hundred and twenty feet, being four blocks of lots with sufficient alleys on the south to the southern boundary line of the sixth township, seventh range, and on the west six hundred feet the length of two blocks of lots, with sufficient alleys.

Sec. 2 And be it further enacted, That the corporation of said town of Moulton, be, and they are hereby authorized and permitted to open or keep open any drain or drains ditch or ditches, through the land of any person or persons adjoining said town and not exceeding half a mile therefrom, and to inflict suitable penalties on any person or persons, who may obstruct any ditch or drain now opened


70

or hereafter to be opened by virtue of the authority hereby given: provided nevertheless, that said corporation before opening any ditch or drain, as herein before authorized, shall advertise that application will be made at some term of the commissioners court of said county of Lawrence as in case of opening a road, for a jury of seven men to be named by said corporation to mark a way for such ditch or draw, and that the owner of the land through which the same may run, shall have sufficient time allowed to ascertain the damages he may sustain thereby, by a writ from the commissioners court of said county, to be assessed as in cases of roads, which damages so assessed, shall be paid out of the treasury of said corporation.

Sec. 3. And be it further enacted, That said corporation be, and they are hereby authorized in addition to the tax now levied, to levy on and collect of each male person above the age of twenty-one years, inhabiting said town the sum of fifty cents; and that the inhabitants of said town be, and they are hereby exempted from working on roads without the same, but shall be bound by personal labor or such sum or sums in lieu thereof as said corporation may require to keep the streets and public square of said town, and the ditches or drains now or hereafter opened by said corporation, in good repair.

Sec. 4. And be it further enacted, That the plan and boundary of said town, so soon as extended, shall by the president of said corporation be laid before the commissioners court of said county of Lawrence, who upon sufficient evidence of its correctness, shall admit the same to record¬which record shall be evidence of the plan of said town, provided nevertheless, that nothing in this act contained shall be so construed as to authorized said corporation to extend a street or lay off any lot or lots within the extended limits of said corporation, as described in the first section of this act, unless the consent thereto of the owner or owners of the land be first had and obtained; and provided also, that the property within said extended limits of said corporation shall not be taxed by this state as town property until the same be laid off and divided into lots with the consent of the owners of the land; but said corporation may tax the same as town property to raise a town tax.

Sec. 5. And be it further enacted, That the president of said corporation, be, and he is hereby invested with the authority and jurisdiction of a justice of the peace of this state: Provided, that he shall not take cognizance or have jurisdiction of any breach of the peace, or other offence committed without the limits of said corporation.

[Approved, January 6, 1826.]

AN ACT to incorporate the town of Florence in the state of Alabama.

Section 1. Be it enacted by the Senate and House of Representatives of the state of Alabama in general assembly convened, That the inhabitants of the town of Florence by the name of "the Mayos and Aldermen of the town of Florence" be, and they are hdreby constituted a body politic and corporate, and by that name shall sue and be sued, grant, receive and do all other acts as natural persons, and may purchase and hold property, real and personal, and dispose of the same for the benefit of said town, and shall have a seal which may be changed at pleasure.

Sec. 2. And be it further enacted, That the boundaries of said town, as incorporated by the first section of this act, shall be as follows, to wit: Beginning where the street running between Henry and Andersons’s warehouse and Matthew Neal’s tavern intersect Ten-


71

nessee river, thence with the direction of said street continued and along its western boundary one hundred yards into Tennessee river, thence up the river in a direct line to the point of the island opposite said town, thence up the north bank of said island to a point opposite to where the circular road leaves the river, thence north-wardly across the site to the circular road, then with the same to the beginning.

Sec. 3. And be it further enacted, The corporation of the town of Florence consisting of the mayor and aldermen, shall consist of twelve members, residents and freeholders in said town; the aldermen to be elected annually, on the first Monday in December in each and every year, by ballot, at an election by the qualified electors for members of the general assembly, within the bounds of said corporation, and by persons holding a lot or part of a lot within said bounds by deed or bond bona fida, which elections shall be holden by the sheriff of Lauderdale county, and three respectable freeholders to be by him summoned as judges thereof, in which he shall be governed by the laws regulating elections for members of the general assembly, and that the twelve persons having the highest number of votes shall be aldermen for the ensuing year; and if any two or more of the highest number of votes should have an equal number, it shall be the duty of the sheriff ex-officio to declare which of such persons shall be aldermen, and give to the person so elected a certificate to that effect; and that the aldermen so elected shall, after taking the oaths required by law to be taken by all civil officers in this state, and an oath to discharge without favor or partiality the duties imposed by this act, proceed to elect by ballot one of their number, who, when elected, shall be mayor for the ensuing year; and for the more speedy organization of said corporation there shall be an election holden by said sheriff for aldermen of said town in manner above set forth, on the first Monday in February next, who shall hold their offices until the next general election for aldermen, and until their successors shall be qualified: Provided, that if the sheriff should fail at any time to hold an election at the time herein appointed, it shall be his duty to advertise in three of the most public places in said town, setting forth the time, not exceeding ten days, at which he will hold an election for aldermen for said town.

Sec. 4. And be it further enacted, That the mayor of said corporation shall, ex-officio, possess and have all the powers of a justice of the peace, and in addition to the oaths prescribed by this act to be taken by the alderman, he shall take an oath, without favor or partiality, to discharge the duties incident to said office.

Sec. 5. And be it further enacted, That the mayor and aldermen, or a majority of them being present, shall have power to appoint a clerk and an attorney to the incorporation, to hold their appointment during good behavior, but subject to be removed by the mayor, with the concurrence of three-fourths of the aldermen in office; also to appoint annually an assessor or assessors, a collector of taxes, a treasurer, a constable or constables, an inspector or inspectors of roads, streets, lanes, alleys, yards, fences, out-houses, &c. and all other officers which may be necessary to carry this act into effect, to pass by-laws and ordinances not inconsistent with the constitution and laws of this state, to regulate the stationing, anchorage and mooring of vessels within their jurisdiction; to prevent and remove nuisances; to prevent the introduction of contagious or infectious diseases within said corporation, by regulating the ap-


72

proach of vessels having sick on board and the landing on the sick or of articles calculated to produce disease; to provide places for the reception of the sick; to erect or join the county of Lauderdale in the erection of hospitals, work-houses, houses of correction, and other buildings for the use of said town; to establish night watchers and patrols; to erect lamps; to provide for the regulating and licensing hawkers and pedlars and retailers of spitituous liquors within the incorporation, and to annul and restrain the same; to restrain and prohibit gambling; to license and regulate theatrical and other public exhibitions and to restrain the same; to erect and repair bridges, open all necessary street, avenues, drains and sewers and to keep the same in repair, and to inflict appropriate fines and penalties for injuring or in any way obstructing the same; to establish five wards and fire companies; to sink wells and erect and repair pumps in the streets and public ground; to provide for the extinguishment and prevention of fire; to lay taxes and provide for the collection of the same; to regulate party fences, and to determine by whom the same shall be made and kept in repair; to restrain and prohibit the nightly and other meetings, or disorderly assemblies of slaves, free negroes and mulattoes, and other knavish and disorderly persons; to restrain and prevent the trading with slaves; to annex and enforce the execution and collection of fines and penalties for violating any of the by-laws or ordinances adopted for the regulating of said town.

Sec. 6. And be it further enacted, That the mayor and aldermen shall have power to lay a tax on all property taxable by the laws of the state, real or personal, as well as a poll tax: Provided, that they shall not be allowed to lay a tax exceeding the state tax on property, nor a poll tax on free polls exceeding one dollar: And provided also, that the tax on property be land in pursuance of an assessment and valuation of said property by an assessor or assessors, freeholders of said incorporation appointed by the board, which assessment shall be made in pursuance of an order from the board, and return to the clerk of the incorporation, containing a list of the property so assesses, with the names of the owners thereof and value of each article distinctly; and that said mayor and aldermen shall have power to direct the mode of making out assessments and of correcting the same, and to prescribe the mode and time in which tax where the same has been given in to the assessor for tax, or for collecting a double tax where the same has not been given in for tax and assessment either by distress sale or otherwise, and said board shall have full power to prescribe the mode and time in which the collector shall collect and pay over the money by him collected, and to enforce obedience and punctuality in their officers by proper and oppropriate penalties in a summary manner, to be prescribed by motion before said board, whose order or judgment in all such cases shall have the force of a judgment on which a similar process may issue as from the circuit court, and to prescribe a mode by which, in like manner, judgment may be had against any of their officers and securities by motion before the board.

Sec. 7. And be it further enacted, That the clerk, collector, treasurer and constable of said incorporation before they enter upon the discharge of the duties of their appointment, shall enter into bond with security to the mayor and his successors in office, in the sum of two thousand dollars, conditioned for the true and faithful discharge of the duties attached to said appointment, on which an action may be brought in the name of the mayor or successor, for


73

the use of the corporation or party injured, before any tribunal having jurisdiction thereof.

Sec. 8. And be it further enacted, That the mayor and aldermen shall on or before the first Monday in November, in each and every year publish in some newspaper in Florence a report, which shall contain a true statement of the receipt of any monies into the treasury of the incorporation, together with an exact and methodical account of the appropriations and disbursements made thereof, and that not appropriation of the monies of the incorporation shall take place but in pursuance of an order of the board, and that there shall be kept by said incorporation a record of their proceedings, in which all the ordinances by law and orders of said incorporation shall be regularly entered, which on every adjournment shall be read and signed by the mayor, and that a regular certified copy of any of the proceedings of said board, by the clerk shall be received as evidence prima facie of the fact, and that the record of the proceedings of said board shall be open at all times for the inspection of any person interested therein.

Sec. 9. And be it further enacted, That the constable or constables appointed in pursuance of this act, shall possess the same powers, privileges, &c. within the boards of said incorporation, and in pursuance and execution of this act as constables under the state laws, and that the officers of the incorporation unless otherwise provided for by the board, shall have the same fees as state officers for like services.

Sec. 10. And be it further enacted, That the mayor possessing all the powers, within the bounds of said incorporation, of a justice of the peace, shall have exclusive jurisdiction of all matters and things arising under any of the regulations, ordinances and by-laws of the incorporation, and shall have power and jurisdiction and to hear and determine all fines and forfeitures arising under the laws of the incorporation, where the same does not exceed fifty dollars: Provided however, that in all cases whenever either of the parties shall be dissatisfied with his decision, he, she or they may appeal therefrom to the next term of the circuit court, under the same rules and regulations as prescribed for taking appeals from judgments of justices of the peace under the state laws.

Sec. 11. And be it further enacted, That the mayor and aldermen, a majority of them being present, shall have power, by an order of the board, to award to the officers of the corporation such sum or sums as may be reasonable and just for any services they or either of them may have rendered the corporation, for which no specific fees may have been provided for by law, and that the aldermen at their last meeting next preceding the annual election, in the absence of the mayor, shall make an order in favor of the mayor, which will authorize him to draw out of the treasury such sum as they may deem a reasonable compensation for his services for the preceding year.

Sec. 12. And be it further enacted, That a majority of the aldermen with the mayor, in all cases not otherwise provided for, shall constitute a quorum to transact business, and that in case of the death, removal, refusal, or inability to act of the mayor, the aldermen shall proceed to elect another in his stead, and that the mayor and aldermen in office, shall continue to act until their successors shall have qualified.

[Approved, January 7, 1826]

10


74

RESOLUTIONS providing for the disposal of the public property in town of Cahawba.

Section 1. Be it resolved by the Senate and House of Representatives of the state of Alabama, in general assembly convened, That is shall be the duty of the door-keeper of the Senate, immediately after the adjournment of the present session of the General Assembly, to collect the furniture belonging to each branch of the Legislature, and deposite the same in the Senate chamber, which he shall securely lock up, and hand over the keys to the state treasurer.

Sec. 2. Be it further resolved, That it shall be the duty of the Treasurer as aforesaid, at some convenient period, previous to his removal from Cahawba, to sell on such terms as he may think most conducive to public interest, all the property appertaining to either branch of the legislature which he may not find it convenient to have removed to the town of Tuscaloosa.

Sec. 3 Be it further resolved, That it shall be the duty of the state treasurer, whenever the several public buildings at Cahawba, are abandoned, by the public authorities, to appoint some fit and suitable person to take charge of the same, for such terms, and on such conditions as he may think expedient.

Sec. 4. Be it further resolved, That the treasurer of this state, be, and he is hereby authorized to sell, at some convenient time after the adjournment of the General Assembly, the state house and lot on which it is situated in the town of Cahawba, either for cash, or on such reasonable credit as he may think proper; provided however, that the said state house shall not be sold for less than three thousand dollars.

Sec. 5. Be it further resolved, That the sum of five dollars be, and the same is hereby appropriated for the payment of the door keeper for such service.

(Approved, January 14, 1826.)

AN ACT to compel those making Salt Petre in this State to enclose in their works.

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 may be engaged in the manufacture of salt petre in this state, shall inclose the same with a strong substantial fence at least ten rails high, all the works which may be used by him or them, within three days after he or they shall erect such works; and all those who may have such works in operation, shall inclose the same in like manner on or before the first day of March next.

Sec. 2. And be it further enacted, That if any person or persons shall fail to comply with the requisition of the first section of this act, shall on conviction thereof, be fined by the jury trying the same in a sum not less that twenty dollars, nor more than one hundred dollars, to be paid to the use of the person or persons aggrieved thereby.

Sec. 3. This act shall be in force form and after the first day of March next.

(Approved, Jan. 13, 1826.)


75

AN ACT is provide for holding two terms of the Supreme Court, 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 in all cases in which the judgment, sentence or decree of any inferior court, shall be affirmed in the supreme court, it shall be the duty of the said supreme court to render judgment against the security or securities in the bond executed on obtaining the appeal or writ of error, in the same manner and for the same sum for which judgment shall be rendered against the plaintiff or plaintiffs, complainant or complainants in the said supreme court; and that it shall be the duty of the clerk of said supreme court to certify the judgment of the said supreme court, to the court from which the said cause came, against both the principal and the surety or sureties; and it shall be the duty of the clerk of the court whose judgment or decree shall have been affirmed, immediately on the receptions of the said certificate, to issue execution returnable to the next term of the said court against the person or persons against whom judgment shall have been rendered in the said supreme court, and for the amount of the said judgment, in pursuance of the certificate from the clerk of the said supreme court.

Sec. 2. And be it further enacted, That the supreme court shall, hereafter be holden at the town of Tuscaloosa, on the first Mondays in July and January, in each and every year, and shall continue at each term until the business before the said court shall have been gone through.

Sec. 3. Be it further enacted, That in all cases in which the judge of any inferior court shall have or may hereafter fail or refuse to certify any exception taken on the trial of any cause it shall and may be lawful for the said supreme court to receive such evidence of the exception as may be satisfactory to it, and to try the said cause in the same manner as if the said exception had been certified by the judge who tried the said cause.

SEC. 4. And be it further enacted, That the return of any sheriff that he has served, executed or made known any scire facias, shall be good and sufficient without its being served, executed or made known in the presence of witnesses; and that a scire facias to the legal representatives of any plaintiff or defendant who may have died pending the suit, may at any time issue from the office of the clerk of the court in which the said course may be pending.

(Approved, January 14, 1826.)

AN ACT to repeal in part an act, approved Dec. 15, 1824, declaring Flint river in Morgan county, a public highway.

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 said act, as prohibits the building of bridges, above the mouth of Shoal creek, be and the same is hereby repealed.

(Approved, Dec. 28, 1825.)


76

AN ACT better to secure the revenue arising from licenses granted to tavern keepers and others.

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, it shall the duty of the clerk of the county court of each and every county in this state, to render on or before the first Monday in November, in each and every year, to the assessor and tax collector of his county, a statement on oath of the amount of all the licenses granted by the county court from any revenue may have accrued to the state; together with the amount of all the licenses granted by himself to hawkers and pedlars, from the time of giving in the same on the preceding year, up to the said first Monday in November.

Sec. 2. And be it further enacted, That the clerks aforesaid, shall transmit to the comptroller of public accounts a duplicate of the statement furnished the assessor and collector, certified by the judge of the county court, (whose duty it shall be to certify the same) on or before the third Monday in November in each and every year.

Sec. 3. And be it further enacted, That the statement so furnished the assessor and collector, shall have the force of an execution, and the property of all kind, both real and personal of the clerk and his securities, shall be liable for the same in case of failure, to pay the amount due thereon.

Sec. 4. And be it further enacted, That any clerk failing to render such statement to the assessor and collector at the time and in the manner prescribed by the second section of this act, shall forfeit and pay for each and every such failure, the sum of five hundred dollars, to be levied and collected in the manner provided by law for the collection of the state and county taxes.

Sec. 5. And be it further enacted, That if the clerk shall fail to furnish the comptroller with a duplicate of the statement aforesaid, on or before the time and in the manner prescribed by the second section of this act, he shall forfeit and pay for each and every failure the sum of five hundred dollars, to be levied and collected in the manner provided by law for the collection of the state and county taxes, and the certificate of the comptroller of such failure, shall be sufficient evidence to authorize the assessor and collector to distrain and sell the property, real and personal of the clerk and his securities, for the amount of the forfeiture aforesaid.

Sec. 6. And be it further enacted, That the assessor and collector shall receive the same commissions on all monies collected by him under the authority of this act, as he is entitled to receive on the collection of the state and count taxes, and he shall pay the same over to the state and county treasuries at the time he is required by law in the case of other taxes, and the same proceedings may be had against him to recover the amount due, as in the case of other taxes.

[Approved, January 13, 1826.]


77

AN ACT granting relief to parties in the supreme court in certain cases.

Be it enacted by the Senate and House of Representatives of the state of Alabama, in general assembly convened, That in all cases in the supreme court now pending, or that may be hereafter pending, where some of the members of the court are deemed incompetent by reason of affinity to either of the parties, or by reason of having been of counsel for either of the parties, or by reason of having been the presiding judge who tried the case in the court below, or by reason of having an interest in the event of the suit, in all such cases the remaining members of the court, not being incompetent as above, are hereby deemed and declared a competent court for the trial thereof, whether such remaining judges be a majority of the court or not: Provided that this act shall not operate or be in force after the end of the present term of the supreme court.

(Approved, December 28, 1825.)

AN ACT for the relief of certain persons therein referred to.

Whereas it has been represented to the General Assembly by the petition of Maximilion Dubroca that his late brother Hugue Dubroca, who resided within the limits of the country governed by Spain before the American government took possession thereof, died leaving several children by a slave mother, in whose favor he executed deeds of manumission, but in consequence of said deeds not having been passed before the commandant and recorded in his office, they are wanting in those formalities that would entitle the persons manumitted by them to the privilege of freedom in a court of law--

Be it therefore enacted by the Senate and House of Representatives of the state of Alabama in general assembly convened, That certain deeds of manumission or instruments of writing severally executed and signed by Hugue Dubroca, Benjamin Dubroca, Hilaire Dubroca, and Maximilion Dubroca, enfranchising and manumiting from the bonds of slavery the persons of colour therein mentioned, be, and the same are hereby declared to be valid, and good in law for the purpose of enfranchising and freeing from slavery the said persons therein mentioned: Provided, the said deeds be recorded in the office of the clerk of the county court of Mobile county within three calendar months from the date of the passage of this act: And provided also, that the said Maximilion Dubroac, within three calendar months after the passage of this act, enter into bond with approved security to the judge of the county court of said county, in the penal sum of three thousand dollars, conditioned that the persons manumited by the aforesaid deeds shall never become chargeable to the state, or the any city, county or town therein.

(Approved, January 12, 1826.)