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An act for the encouragement of killing and destroying of Wolves and Panthers.

Section 1. Be it enacted by the Senate and House of Representatives of State of Alabama, in General Assembly convened, That every person, who shall kill any wolf or panther in this State, shall receive three dollars for every wolf or panther he shall kill, not exceeding six months old, and for every wolf or panther over the age of six months old, five dollars.

Sec. 2. Be it further enacted, That any person claiming the benefit of this act, shall produce before some Justice of the peace, (for the county in which such wolf or panther was killed, ) the scalp thereof, both ears shall be taken off with the scalp: And said Justice shall administer to such person the following oath, to wit- "You do solemnly swear, or affirm, as the case may be, that the scalps or scalps, now produced by you, are the scalp or scalps of the wolves, or panthers, that you, or some of your family, have killed in this county, to the best of your knowledge and belief, and that you or they did not take this wolf, or panther, in any other county, and bring the same into this county, either directly or indirectly, and that the person producing the scalp, or scalps, from the best of his judgment, does believe, that the same is under, or over six months old, as the case may be." And said Justice shall grant to such killer, a certificate stating his name, that he has killed a wolf, or panther, as the case may be, and that the same is under, or over, the age of six months, and that the killer of such has taken the oath required by this act, he shall also name the county in said certificate.


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Sec. 3. Be it further enacted, That every Justice of the Peace, before whom any such scalps as above mentioned shall have produced, shall destroy the same forthwith, after granting the certificate as required by this act.

Sec. 4. And be it further enacted, That any person holding a certificate under this act, who shall produce to the county treasurer the same, he shall be entitled to the full amount specified in such certificate.

(Signed) JAMES DELLET

Speaker of the House of Representatives

THOMAS BIBB

President of the Senate

Approved-December 16, 1819

(Signed) WM. W. BIBB

______

An act for establishing the permanent seat of justice in Cahawba county.

Section 1. Be it further enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That an election shall be holden at the falls of Cahawba, and at the house of Noah B. Coker, on the first Monday in March next, for the purpose of electing five commissioners, who, or a majority of them, shall have power to fix on a suitable place for the seat of justice in said county, which shall be as near the centre as an eligible situation can be found and procured, at which election, all free white male inhabitants, above the age of twenty-one years, and residents of said county, shall be entitled to vote; and said elections shall be opened at the hour of ten o'clock, and close at four of the same day, by the Sheriff or other proper officer, under the inspection of Judges, appointed in the same manner required by law for election of Representatives.

Sec. 2. Be it further enacted, That the commissioners, elected in pursuance of the foregoing section, or a majority of them shall have power to contract for, and receive in behalf of said county of Cahawba, a good and sufficient title to not exceeding eighty acres of land, at the place so fixed on for the seat of justice, for the purpose of erecting thereon, a court house, jail, pillory, and stocks, for the use of said county.

Sec. 3. 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, with the approbation of the county court of said coun-


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ty: Provided, said commissioners, or a majority of them, shall advertise for thirty years, at least, in the Cahawba Press, and at three or more 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, for the performance of his contract.

Sec. 4. And be it further enacted, That the said commissioners are authorized to fix on a temporary seat of justice, within four miles of the centre of said county, where the courts in and for said county shall be holden, until a permanent seat of justice shall be fixed on.

Sec. 5. And be it further enacted, That the said commissioners shall be entitled to receive, each, three dollars per day, as a compensation for their services: Provided, That such sum shall not exceed fifteen dollars each, to be paid out of any monies in the county treasury, not otherwise appropriated.

Sec. 6. And be it further enacted, That the Falls of Cahawba, shall be the seat of justice in said county, until the commissioners, elected in pursuance of the first section of this act, shall report to the county court, that the temporary or permanent seat is ready for the accommodation of the courts.

Sec. 7. And be it further enacted, That the commissioners appointed by virtue of this act, before they enter upon their duties, shall take an oath, before some Justice of the Peace, to discharge with impartiality their duties of commissioners, having a due regard to the interest of each section of the county.

(Signed) JAMES DELLET

Speaker of the House of Representatives

THOMAS BIBB

President of the Senate

Approved-December 17, 1819

(Signed) WM. W. BIBB

______

An act for the relief of the assessor, tax collector, and those who are in arrearages for taxes, in Lauderdale county, for the year 1819.

SECTION 1. Be it enacted, by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the collector of taxes for the county of Lauderdale, for the year eighteen hundred and twenty, be authorized, and he is hereby empowered and required, to col-


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lect the balance of the taxes due from said county to this State, for the year eighteen hundred and nineteen, and make return of the same to the proper officer of the State, at the time required by law, for the return of taxes in the year eighteen hundred and twenty.

Sec. 2. And be it further enacted, That it shall be the duty of the tax collector of Lauderdale county, for the year eighteen hundred and twenty, to ascertain as near as possible, all the property in said county, subject to taxation, and not assessed in the year eighteen hundred and nineteen, and require the owners thereof to give in the same, on oath, to him the said collector, who shall assess the same, in the same manner, and under the same regulations, as property was assessed in eighteen hundred and nineteen; And all those who shall comply with the provisions of this act, shall be exempt from a double tax; but those who refuse to give in and pay, as in this act is required, shall pay a double tax.

(Signed) JAMES DELLET

Speaker of the House of Representatives

THOMAS BIBB

President of the Senate

Approved-December 3, 1819

(Signed) WM. W. BIBB

______

An act to provide for the establishment of the Seat of Justice in the county of Franklin.

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 an election thereof, at New Russellville and the Big Spring, on the fourth Monday and Tuesday in January next, for the purpose of electing five commissioners, who, or a majority of them, shall have power to select the most suitable place within three miles of the centre of said county for the seat of justice therein, and said election shall be opened and held in conformity with the laws of this state.

Sec. 2. And be it further enacted, That the commissioners when elected, or a majority of them, shall have power to contract for, or receive by donation, not more than forty, nor less that three acres of land, in behalf of said county, and receive a good and sufficient title to the same, at the place so selected for the seat of justice, for the purpose of


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erecting thereon a court house and other public buildings, for the use of said county.

Sec. 3. And be it further enacted, That it shall be the duty of said commissioner, to contract for and superintend the building a court house and other public buildings, of such dimensions as they shall agree upon with approbation of the county court of said county : Provided, the public notice shall be given by said commissioners, for at least thirty days, in the Alabama Republican, and at three or more public places in said county, of the time and place of contracting for the erection of said buildings or either of them, and shall contract for the erection thereof with the lowest bidder, who shall enter into bond with good and sufficient security for the performance of his contract.

Sec. 4. And be it further enacted, That for the purpose of defraying the expenses to be incurred by this act, the county court of said county, be, and they are hereby, authorized and required to lay a tax, not exceeding one fourth the amount of the state tax, on the persons and property of the inhabitants of said county, liable to taxation as in other cases.

Sec. 5. And be it further enacted, That before the commissioners by this act appointed, enter upon the duties assigned them, they shall respectively, before some Judge of the inferior court of said county, take and subscribe the following oath: "I, ___ ___, do solemnly swear, that I will select and finally fix on the site for the public buildings for the county of Franklin, pursuant to this act foregoing, according to my best judgement, with the impartiality to man or place, or any other consideration whatsoever, other than the common good and equal rights and interests of the citizens of said county generally. So help me God."

Sec. 6. And be it further enacted, That the said commissioners, so elected and qualified, so soon as they, or a majority of them, shall have performed the duties in this act assigned them, shall in writing, make a report of all their proceedings under this act, to the county court of Franklin; the clerk of which shall place the name of record by the said commissioners, and it shall be the permanent seat of justice for said county of Franklin; and this law shall be in force from the duty of enactment.

(Signed) JAMES DELLET

Speaker of the House of Representatives

THOMAS BIBB

President of the Senate

 

Approved-November 22, 1819

(Signed) WM. W. BIBB

 


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An act to incorporate the town of Tuskaloosa.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That an election shall be held at the court house in the Town of Tuskaloosa, on the first Tuesday of January, in each and every year, to commence at eleven o'clock in the forenoon, and continue two hours thereafter; at which Election, each and every free white male of the age of twenty one years, residing on the fraction of land, known as the south fraction of section number twenty-two, township number twenty-one, and range number ___teen west, and in the northern division of public lands in this state, shall be entitled to choose by ballot and majority of votes, seven householders residing on said fraction of land, to act as commissioners of said town of Tuskaloosa, for the term of one year after such election: and the said commissioners so elected, shall on the succeeding day, after such election in each year, meet and elect by ballot, from their own number, a President, also such other town officers as they may think best, but not from among themselves; and the said commissioners, shall be, and they are hereby constituted a body corporate, by the name and style of The President, and commissioners, of the town of Tuskaloosa, and by that name, they and their successors in office shall be capable in law, of suing, and being sued, of pleading and being impleaded, in all manner of suits and actions, either in law or equity, and also of doing all acts that are incident to towns corporate.

Sec. 2. And be it further enacted, That the said president shall preside and keep order, at all meetings of the said commissioners; but if he be absent or incapable, any other member may be called to the chair, and perform the duties enjoined on the President; and three of said commissioners shall constitute a quorum to do business, when no more can be had: they shall have authority to raise such sum or sums of money, as they shall think necessary, for the good regulation of said town; which sum or sums shall not be assessed on each householder, at a higher rate than twelve and one half cents, nor more on each free male citizen between the ages of twenty one and forty five years, nor more on each slave, according to the regulations established by said President and commissioners; they may also remove nuisances, tax shows and exhibitions for pay, and such property as is usual for the corporate towns to tax.

Sec. 3. And be it further enacted, That the said President and commissioners shall meet on their own adjournments, and have power from time to time, and at all times,


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to make such by-laws and regulations in writings, not inconsistent with the laws of this state, or of the United States as to them shall appear necessary for the order and good government of said town, and the same to put in execution, revoke, or alter, as they may think expedient: Provided; that this act and any of the by-laws may be repealed by the general assembly.

Sec. 4. And be it further enacted, That the said President and commissioners shall have the power to require such security of their several town officers, to annex such fees of office, impose such fines for neglect of duty, or misconduct in the same, as to them may appear proper, and make, limit, impose and levy, such reasonable fines and amercements, in any one case, not exceeding fifty dollars, against and upon all persons who shall offend against the by-laws and regulations for the government of said town, and all such fines and amercements to demand, take and levy, of the goods and chattels of such offender, by the warrant issued under the hand and seal of the President for the time being, directed to a constable, or such other officer as for that purpose may be appointed, who is hereby authorized and required to execute the same: which fines and amercements shall be paid over, as the said President and commissioners shall direct to be appropriated to the use and benefit of the aforesaid town of Tuskaloosa..

Sec. 5. And be it further enacted, That the President and commissioners in office, on the first Tuesday of January in each and every year, shall remain and continue in office, until the successors be duly elected: and it shall be the duty of the President or any number of the commissioners remaining in office, to preside at the annual election, and declare the persons duly elected at any such election; and when, on counting the ballots, there shall appear to be an equal number for two or more persons, it shall be the duty of the President or commissioners presiding at such election, to declare which of the said persons be duly elected; and in case the whole number of commissioners, authorized to be elected on the first Tuesday in January, of each and every year, shall not then be elected, the said commissioners so remaining in office, shall appoint another day, by public notice given in said town, at least one week previous thereto, for holding an election for commissioners or any number thereof, who may not have been duly elected on the said first Tuesday in January.

Sec. 6. And be it further enacted, That in case of the death, resignation, or removal from town, of any of the commissioners, the President for the time being, shall call a meeting of the persons entitled to vote by this act for commissioners, by advertising the same, at least in two


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public places in said town, one week previous thereto, who, shall by ballot proceed to supply the vacancy.

Sec. 7. And be it further enacted, That if any person or persons feel him, her, or themselves aggrieved by any decision of the President and commissioners of said town, he, she, or they, shall be entitled to an appeal, in the same authority, that he, she, or they, would be entitled to, if the decision had been made by a Justice of the Peace.

(Signed) JAMES DELLET

Speaker of the House of Representatives

THOMAS BIBB

President of the Senate

Approved-December 13, 1819

(Signed) WM. W. BIBB

_______

An act to extend the Corporation of the town of Huntsville, in Madison county.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the Corporation of the town of Huntsville shall extend one quarter of a mile from each side of the public square in said town, and be under the same rules, regulations, and restrictions, as are pointed out in the act incorporating the town of Huntsville, which Corporation shall not affect the persons or property of Thomas and William Brandon, who reside within the limits of said Corporation.

(Signed) JAMES DELLET

Speaker of the House of Representatives

THOMAS BIBB

President of the Senate

Approved-December 17, 1819.

(Signed) WM. W. BIBB

_____

An act appointing additional Commissioners for the town of Huntsville.

SECTION 1. Be it further enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That John Read, Henry Stokes, and Jesse Searcy, be, and they are hereby appointed additional Commissioners for the town of Huntsville; and the said Commis-


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sioners are authorized to associate with the Commissioners now in appointment, and to do all acts which said original Commissioners are, by law, authorized to do.

(Signed) JAMES DELLET

Speaker of the House of Representatives

THOMAS BIBB

President of the Senate

Approved-December 16th, 1819

(Signed) WM. W. BIBB

_____

An act to incorporate the town of Coffeeville in the county of Clarke.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the town of Coffeeville in Clarke county, be, and the same is hereby, established and incorporated, including the south west quarter of section nine, in township nine, range one, west of the basis meridian.

Sec. 2. And be it further enacted, That hereafter, the landholders, freeholders, and householders, within the town of Coffeeville, on the second Monday in March next, and on that day in each succeeding year, shall hold an election, to commence at ten o'clock in the morning, and close at three in the evening, for the purpose of electing by ballot, five persons, inhabitants of said town, to act as trustees thereof, a majority of whom shall constitute a quorum to do business; also a town constable, assessor, collector, and treasurer, to serve for one year.

Sec. 3. And be it further enacted, That every free white male, of the age of twenty-one years and upwards, and who was a resident of said town on the first day of January preceding the day of election for trustees, shall be entitled to vote for said trustees.

Sec. 4. And be it further enacted, That the said trustees and other officers so elected, shall proceed in the same manner, possess the same powers, and be subject to the same restrictions, as are provided by law, for the government of the trustees and other officers of the town of St. Stephens

(Signed) JAMES DELLET

Speaker of the House of Representatives

THOMAS BIBB

President of the Senate

Approved-November 22, 1819

(Signed) WM. W. BIBB

 


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An act to incorporate the town of Montgomery in the county of Montgomery.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That all that tract of land situated on the east bank of the Alabama river, of the following description, viz: Fraction number twelve, township sixteen, range seventeen, south-east and south-west quarters of section number seven, township sixteen, range eighteen, including all that part of the river lying opposite to said fraction, within sixty yards of its margin, in the county of Montgomery, is hereby incorporated, and shall be called and known by the name of the Town of Montgomery.

Sec. 2. And be it further enacted, That on the first Monday of January next, and in each and every year thereafter on the same day, an election by ballot for seven Councillors shall be held, at some convenient and public place in said town, who shall serve for the term of one year after they shall have been elected: the first election shall be conducted and managed by Andrew Dexter, Jonathan C. Farley, Walter B. Lucas, Ebenezer D. Washington; and all subsequent elections shall be conducted by two of the councillors to be appointed by the board for that purpose: and the said councillors so elected, shall, on the next day after such election, in each and every year, meet and elect by a majority of the votes, from their own body, an Intendant, whose duty it shall be, to preside and keep order at all meetings of the said councillors; and in his absence or incapacity, any other member may be called to the chair: and the said councillors shall be, and they are hereby constituted a body corporate, by the name and style of The Intendant and Council of the Town of Montgomery, and by that name they and their successors in office shall be capable in law of suing and being sued, of pleading and being impleaded, in all manner of suits either in law or equity, also to have and keep a common seat, and the same to break, alter and amend at pleasure, and in general to do all acts which are incident to bodies corporate, and to purchase, hold, and dispose of, for the benefit of said town, real, personal, or mixed property, to the amount of ten thousand dollars.

Sec. 3. And be it further enacted, That the said Corporation shall have the power to pass by-laws and ordinances, necessary, to preserve the health of said town, to prevent and remove nuisances, to establish night watches and patrols, to establish, alter and ascertain new streets and alleys, with the consent of the proprietors of lots or houses adjoining such streets and alleys, to provide for licensing, taxing, regulating and restraining theatrical amusements


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and shows in their said town, to clear and keep in repair the streets and alleys, to have a general control and superintendence over the springs and wells of said town, to establish necessary inspections, to erect and regulate markets and the assize of bread, to regulate the conveyance of water from the vicinity into town, in general to pass such by-laws, not contrary to the constitution of this State and the laws thereof, as the said corporation shall from time to time deem expedient and necessary to carry into effect the intent and meaning of this act, and the same to put in execution, to revoke and to alter as the said corporation shall deem expedient; the said corporation shall also have power to appoint a Treasurer, Assessor, Collector and Constable, and such other subordinate officers as they may think necessary, and by ordinance to require such security from the several officers so appointed, to annex such fees to the several officers, to impose such fines for neglect of duty in office not exceeding fifty dollars, as they shall deem necessary. They are hereby also empowered to lay such fine or fines, not exceeding ten dollars, for a breach or breaches of their by-laws, as they may deem proper; and all fines by them imposed, shall be sued for in the name of the corporation, before any justice of the peace, and the money so recovered shall be paid to the treasurer, for the benefit of said town. Provided, That this act, and all the by-laws and ordinances of the said corporation, shall at times be subject to revision or repeal by the General Assembly.

Sec. 4. And be it further enacted, That the said corporation shall have power and authority, annually, to levy and assess a tax, not exceeding one per centum, upon the value of all the real property in said town, to be assessed by the assessor, according to such regulations as they may deem necessary and proper: they shall also have power to lay and collect a poll tax not exceeding three dollars, on each white male inhabitant in said town above the age of twenty-one years; Provided, he shall have resided within said town three months immediately preceding the time the tax shall have been laid; they shall have power also to lay and collect a tax on all four-wheeled carriages; also on carts, waggons, drays, or other vehicles for transportation, which are employed in transporting for pay or compensation, any article whatsoever from one place to another; and all retailers of liquors, goods, wares, and merchandizes, or either of them, not exceeding ten dollars per annum.

Sec. 5. And be it further enacted, That should the sum or sums, so assessed and collected, be deemed by said corporation, insufficient for the supply of said town, the Intendant thereof is hereby authorized, by and with the advice of two of said councillors, to call a meeting of the inhabit-


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ants of the said town, qualified to vote as aforesaid, by giving five days previous notice thereof, and specifying the object of said meeting, and the said inhabitants shall have power by a majority of votes, to order such further sum or sums to be raised as may be deemed expedient to be assessed, collected, and paid, as the said corporation shall direct.

Sec. 6. And be it further enacted, That when vacancies shall happen in the board of councillors, by death, resignation, or otherwise, such vacancy shall be filled by the board, and the member or members so added, shall continue in office until the succeeding annual election.

Sec. 7. And be it further enacted, That should the elections not take place on the day fixed on for the annual election of councillors, the board shall not for that case be dissolved, but the incumbents shall remain in office, until their successors are elected; and it shall be the duty of the board to fix some other day as early as convenient within one month thereafter, on which day, two of the councillors shall attend, and hold an election for councillors.

Sec. 8. And be it further enacted, That the said intendant and council shall appoint a clerk, whose duty it shall be to keep a fair record of their proceedings, and to publish the same, and all laws and ordinances, in some public newspaper, or at three several public places in said town.

Sec. 9. And be it further enacted, That the intendant and councillors first appointed, and their successors in office, shall, severally, before they enter on the duties thereof, take an oath before some person qualified to administer the same, that they will faithfully discharge the duties to them committed, without favour, affection, or partiality, a certificate of which oath shall be filed with the clerk of the board of councillors.

Sec.10. And be it further enacted, That all white male persons above the age of twenty one years, who shall have resided within the limits of said town three months immediately, preceding an election for councillors, and all landholders and householders therein, shall be deemed qualified electors at such elections.

Sec. 11. And be it further enacted, That each and every person who may be elected a councillor for said town shall, ex officio, be a Justice of the Peace within the limits of the same.

(Signed) JAMES DELLET

Speaker of the House of Representatives

THOMAS BIBB

President of the Senate

Approved-December 3, 1819

(Signed) WM. W. BIBB