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AN ACT

To repeal in part an Act, entitled an Act supplementary to an Act entitled an Act to incorporate the City of Mobile— passed the 17th December, 1819.

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the fifth section of an act to incorporate the city of Mobile, passed the fourteenth day of December, eighteen hundred and twenty, be, and the same is hereby repealed.

[Approved, Dec. 5, 1822]

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AN ACT

To amend an Act incorporating the Town of Erie.

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the first section of an act, passed the eighteenth day of December, eighteen hundred and twenty, entitled an act


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to incorporate the town of Erie, be, and the same is hereby, repealed.

Sec. 2. And be it further enacted, That the corporate powers given by the second section of the above recited act, shall extend only to three hundred and twenty half acre lots, and the ten acre lot including and near the landing of said town, as originally laid off by the proprietor thereof, and shall be called and known by the name of Erie.

[Approved, Dec. 14, 1822.]

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AN ACT

To repeal an Act incorporating the Town of Jackson in Clarke County.

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the act incorporating the town of Jackson in the county of Clarke, passed on the twenty-seventh day of November, one thousand eight hundred and sixteen, be, and the same is hereby, repealed.

[Approved, Dec. 31, 1822.]

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AN ACT

To incorporate the Town of Ashville, in the County of St. Clair.

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the town of Ashville in the county of St. Clair, be, and the same is hereby, established and incorporated, including thirty acres, agreeably to the plan of said town.

Sec. 2. And be it further enacted, That an election shall be held at the house of John Cunningham, in said town, on the first Monday in February next, and on the same day in every year thereafter, to commence at ten o’clock, in the morning, and close at two in the ofternoon, for the purpose of electing, by ballot, five Councillors, inhabitants of said town, who shall serve for the term of one year after they shall have been elected; the election shall be conducted and managed by a justice of the peace, and two householders in said town, 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 said election, in each and every year, meet and elect by a majority of votes, from their own body, an Intendant, whose duty it shall be, to preside and keep order at all meetings of 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 Counail of the town of Ashville, and by that name, they, and their success is in office shall be capable in law, of suing and being sued, of pleading


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and being impleaded, in all manner of suits either in law or equity; also, to have and keep a common seal, 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 Intendant and Council shall possess the same powers, and be subject to the same restrictions, as are provided by law for the government or the Intendant and Council of the town of Montgomery, passed at Huntsville, the third day of December, eighteen hundred and nineteen.

[Approved, Dec. 12, 1822]

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AN ACT

To incorporate the Town of Jonesborough, in the County of Jefferson.

Sect. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the town of Jonesborough, in Jefferson County, be, and the same is hereby, established and incorporated.

Sec. 2. And be it further enacted, That hereafter the householders within the town of Jonesborough, on the first Monday in March next, and on that day in each and every 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 resident of said town on the first day of February 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 the officers so elected, shall proceed in the same manner, possess the same powers, and be subject to the same regulations as are provided by law for the government of the trustees and other officers of the town Elyton

[Approved, Dec. 31, 1822.]

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AN ACT

Concerning the Council of the Town of Belle Fonte.

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the election which was held on the second Monday of February, eighteen hundred and twenty-two for the purpose of appointing the Council of the town of Belle Fonte, in the county of Jackson, be, and the same is hereby, declared legal.

[Approved, Jan. 1, 1823.]

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AN ACT

To incorporate the Jefferson Academy, in the Town of Elyton, and for other purposes.

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That an Academy be, and is hereby established in the town of Elyton, in Jefferson county, by the name of the Jefferson Academy, and that Anthony Labuzan, John Wood, John Brown, (Red.) William K. Paulling, Darby Henly, Peyton King, John S. Doxey, Benjamin Mattison, Isham Harrison, Stephen Hall, Isaac Browne, and William Roupe, their associates and successors, be, and are hereby constituted a body corporate, by the name and style of The Trustees of the Jefferson Academy, and by that name shall have power to sue and be sued, to plead and be impleaded, to receive donations, to hold real estate to the value of ten thousand dollars, and in general to do all acts for the benefit of the institution which are incident to bodies corporate, and which are not repugnant to the constitution and laws of the United States or of this State.

Sec. 2. And be it further enacted, That the said Trustees their associates and successors, shall have power to associate with them any number of men not exceeding five, who when elected, shall have equal rights with those here named, and shall fill all vacancies which may occur by death, resignation, refusal to act, or otherwise; and to appoint a president, vice president, treasurer and secretary, and to prescribe the duties of each, and to make all such by laws for the government of the Seminary and of their own meetings, as they shall think proper.

Sec. 3. And be it further enacted, That the first meeting of the Trustees be on the second Monday in February, in the year one thousand eight hundred and twenty-three, in the town of Elyton, and that they meet at such times thereafter, as they shall think proper, and that the number five shall constitute a quorum to do business.

Sec. 4. And be it further enacted, That the Trustees be, and they are hereby, authorized to raise, by way of Lottery, for the benefit of said Academy, a sum of money not exceeding five thousand dollars, on such plan or scheme as the said Trustees may deem most advisable.

[Approved, Dec. 30, 1822.]

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AN ACT

To incorporate the trustees of Athens female academy, in Limestone county.

Sec. 1 Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That Robert Beaty, John D. Carroll, Beverly Hughes, Daniel Coleman, Andrew Foster, John W. Smith, and


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Joshua L. Martin, trustees of the Athens Female Academy, and their successors in office appointed or elected, or to be appointed or elected according to the rules and regulations of said academy, shall be, and they are hereby, incorporated as a body politic and corporate, in deed, and in law, by the name and style of The Trustees of the Athens Female Academy.

Sec. 2. And be it further enacted, That the said corporation, by their name aforesaid, shall have perpetual succession of officers and members, to be appointed or elected in such manner, and according to such form, as may be prescribed by the rules and regulations made for the government of the said corporation, and that they may have a common seal, with power to alter and make new, the said rules and regulations and the said common seal, as often as they shall deem expedient.

Sec. 3. And be it further enacted, by the authority aforesaid, That the said corporations shall be able and capable in law, to purchase, have, hold, possess, enjoy, and retain to itself in perpetuity, or for any term of years, any estate real or personal of what kind or nature soever, and to sell, alien or dispose of the same, as they may think proper; and by its name above mentioned, to sue, and be sued, plead and be impleaded, answer and be answered unto, in any court of law or equity in this state, and to make such rules and regulations not repugnant to the constitution and laws of this state and of the United States, as they may deem expedient.

[Approved, Dec. 9, 1822.]

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AN ACT

To incorporate the Huntsville Fire Engine Company.

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the following persons, members of the Huntsville Fire Engine Company, to wit: Preston Yeatman, James H. Turner, Jos. Estell, Theoderick L. Smith, George H. Malone, John J. Coleman, Henry A. Hunnewell, William Cottinger, Francis Callender, John Kennedy, David J. Hynds, John F. Mills, Luke Howard, John Hunter, John B. Eldridge, Robert Caruthers, William Stewart, Joseph Vokes, Ferdinand Sannoner, Charles McClellan, Andrew D Veitch, William Cruse, John Estell, Edmund Irby, Jesse Searcy, Wilson T. Caruthers, Leighton Wood, Abraham S. Thew, Henry Adams, William Veitch, Thomas B. Jones, William S. Henderson, John Wood, Thomas S. Pryor, Richard B. Brickell, L. W. Wilson, D. St. Clair, McIntosh, Samuel K. McGraw, James St. Clair, James M. Tilford, Hugh M. Warren, James H. Weakley, Richard B. Purdom, William Feeny, George W. Lee, Henry M. Blount, George R. Wharton, William W. Harris, & Alexander S. Morgan, and such other persons as shall hereafter become members of the said com-


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pany, shall be, and are hereby, constituted a body corporate by the name of The Huntsville Fire Engine Company; and by that name they and their successors shall be persons in law, capable of suing and being sued, pleading and being impleaded, answering and being answered, defending and being defended in all civil actions whatever, either in law or equity.

Sec. 2. And be it further enacted, That they and their successors may have a common seal, change and alter the same at their pleasure, purchase, take, hold, and enjoy, to them and their successors, any real estate in fee-simple or otherwise, and any goods, chattels, or personal estate, for the purpose of enabling them the better to carry into execution such measures as may tend to promote the interest of said institution: Provided, that the yearly value of such real and personal property shall not exceed one thousand dollars: and that they and their successors, shall have full power to grant, sell, lease or otherwise dispose of said real and personal estate, or any part thereof, at their will and pleasure; and that they and their successors shall have full power, from time to time, to make, institute and establish such by-laws, ordinances and regulations, as they may judge proper for the election of their officers: for the election and admission of new members of the said Corporation, and the terms and manner of admission; for the better government and regulation of their officers and members: for the fixing of the times and places of the meetings of said Company, and for regulating all the affairs and business of the said Corporation: Provided, such by laws and regulations shall not be repugnant to the Constitution and laws of the United States and of this State.

Sec. 3. And be it further enacted, That the affairs of said Company shall be managed and conducted by nine directors who shall be members of said Company, who shall hold their offices for twelve months from the time of their election, and shall then be eligible for any subsequent term.

Sec. 4. And be it further enacted, That said Directors so elected shall at the first meeting appoint a President, who, with a majority of the Directors shall constitute a quorum to transact business.

Sec. 5. And be it further enacted, That Joseph Estell, William Cottinger, Francis Callender, Charles M’Clellan and Samuel K. M’Graw, be, and the same are hereby, appointed Commissioners, a majority of whom, shall, by giving notice thereof at the Court House door in Huntsville for five days, proceed to hold an election for Directors as herein above provided for, at which election all the above named persons shall have a right to vote.

[Approved, Dec. 10, 1822.]

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AN ACT

To authorize Rosanna Lambkin and Elijah Hogan to convey to Isaac Jackson’s certain tract of Land therein named.

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That Rosanna Lambkin, administratrix, and Elijah Hogan, administra-


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tor, of the estate of William Lambkin, deceased, be and they are hereby, authorized to assign over to Isaac Jackson, of the County of Madison, the Certificate for the east half of the northeast quarter of section number six in township number five, in range number one, west of the basis meridian, in the district of lands offered for sale at the town of Huntsville.

[Approved, Dec. 14, 1822]

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AN ACT

To authorize the Administrator and Administratrix of Davis H. Mayhew, deceased, to sell real estate.

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That Jonathan Mayhew, administrator, and Lucy M. Mayhew, administratrix of Davis H. Mayhew, late of the County of Autauga deceased, be, and they are hereby, authorized and empowered to sell all or any number of certificates of certain lands belonging to the estate of said decedent, on such terms and in such manner as they may deem most advantageous to said estate, taking bond with sufficient security for the payment of the consideration.

Sec. 2. And be it further enacted, That the said administrator and administratrix be, and they are hereby, authorized on the sale of such certificates, to make to the purchaser or purchasers, as the case may be, a legal transfer of the same; which shall be as valid and binding as if the same had been made by the decedent in his lifetime.

Sec. 3. And be it further enacted, That the said administrator and administratrix shall, before the sale of the lands herein before authorized to be sold, enter into bond with sufficient security, payable to the Judge of the County Court of Chief Justice of the Orphans Court of Autauga, for the true and faithful disposition of the money arising from the sale of said lands, agreeably to the existing laws regulating the distribution of the personal estates of deceased persons.

[Approved, Dec. 31, 1822.]