declared valid Acts of Com, missioners under the provisions of an act entitled an act, to remove the seat of Justice in said county, and for other purposes approved, November 24th 1837, be and they are hereby legalized and declared valid to all intents and purposes. ers authoris'd Sec. 3. And be it further enacted, That the said commissioners Commission- or a majority of them be and they are hereby authorised to sell and to sell proper- dispose of, in any way they may deem most advisable, the public property belonging to the aforesaid county of Pike, at the town of Monticello, and apply the proceeds to county purposes. Approved, December 24, 1838. ty. Incorporation AN ACT [No. 6.] Sec. 2. And be it further enacted, That the said Company may consist of one hundred members and no more, who shall be admitCompany to ted under such rules and regulations, as said Company may adopt, members. whenever the number of members shall be less than one hundred, or there shall occur any vacancy in the same. consist of 100 Sec. 3. And be it further enacted, That the said Company shall be required to keep and maintain in order for use two separate EnCompany to gines with the apparatus belonging to the same, and shall be subject keep Engines to the same control and government that any other fire company in the city of Mobile is now subject to, according to any previous act of the General Assembly for the corporation of the same. Sec. 4. And be it further enacted, That the members composMembers ex-ing the said company shall be exempted from Militia duty, Road empt from tax, and the performance of duty as grand and petit Jurors in the Militia duty. Circuit and County Courts of Mobile county, so long as they continue to perform the duties of Firemen under this act. Solicitor of Sec. 5. And be it further enacted, That whenever the said company shall habitually neglect the performance of their duty as firemen, violate the provisions of this charter, that it shall be the duty of the Solicitor of the first judicial circuit, to cause a scire facias to Duty of the be issued calling upon the said company to shew cause why their first Judicial charter should not be declared forfeited, which writ shall be return. able to the Circuit Court of Mobile county, and if the said company shall be found guilty of such habitual neglect, the court shall declare their charter to be forfeited and the said company shall be from thence forth dissolved. Circuit. Sec. 6. And be it further enacted, That all the powers and privileges granted to the Merchants Fire Company No. four, may be enjoyed by each of the Fire Companies of the city of Mobile, upon their complying with the saine rules and regulations which govern said company. Approved, December 24, 1838. To change the time of holding the County Courts in the County of Morgan. Section 1. Be it enacted by the Senute and House of Representatives of the State of Alabama in General Assembly convened, That the County Court of the county of Morgan, which is now authorised by law to be holden on the first Monday in January, be and the same is hereby changed, and in lieu thereof said Court shall be holden on the third Monday in February next, And that thereafter, said County Court shall be holden on the third Monday in June and November, in each and every year. Privileges how enjoyed. County Court when holden. Process when Sec. 2. And be it further enacted, That all process now or hereafter returnable to the said first Monday in January, according to returnable. the existing laws, shall be returnable to the said third Monday in February next, to be holden according to the provisions of this act, and shall be proceeded on in every respect, as if the same had been made returnable thereto. Sec. 3. And be it further enacted, That all laws and parts of laws contravening the provisions of this act, be and the same are hereby repealed. Approved, December 28, 1838. AN ACT Repeal, Judge and Commission. ers to purch (No. 8.] For the support of Paupers in the County of St.Cla r. Seetion 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the Judge of the County Court and Commissioners of Roads and Revenue, for the county of St. Clair, be and they are hereby authorised, whenever they or a majority of them shall deem it ne- ase lands. cessary to purchase and receive a title to any quantity of land not exceeding eighty acres, which title shall be made to the Judge. of the County Court and his successors in office, and shall vest in and be the property of the county in which it lies. See. 2. And be it further enacted, That said Judge and Com- To contract missioners, are authorised to contract for the building of the necessary for buildings. houses, for the purpose herein mentioned, and every thing else that is necessary to be done: Provided, that the same is within six miles of the court-house of said county. The expense of which shall be paid out of the Treasury of the county. Sec. 3. And be it further enacted, That whenever it shall appear to the county Court, that a person is a subject for public charity and support, he, she, or they, may if there be a poor house in said county, order such person to be conveyed to the poor house in their Paupers to be county, to be taken care of and supported, and said court is authoris- Poor house. ed to employ some suitable person to superintend and take care of all the poor of the county aforesaid. conveyed to Judge and Commis'ers Sec. 4. And be it further enacted, That it shall be the duty of to meet at the the Judge and some two or three of the Commissioners, to meet at Poor house. the poor house at least once in six months and shall examine the some suitable person. situation of the paupers and the conduct of the persons employed to take care of them, and shall have power to dismiss such person at pleasure; and they shall have power to make such rules and regulations as to them may seem proper. Sec.5. And be it further enacted, That at the first Court to be holden by the Judge and Commissioners, after they shall come to such determination, they shall appoint some suitable person in each CapTo appoint tains beat-who shall act as overseer of the poor, whose duty it shall be to report to each county Commissioner's Court what persons are within the limits of their beat, properly the subject of public support, whereupon the court shall inquire into the facts of the case, and order them to be conveyed to the poor house, and when vacancies occur by death or otherwise, they shall be filled by the Judge and Commissioners. bond. Sec. 6. And be it further enacted, That the Judge of the county Court shall take bond with good security from the persons emJudge to take ployed to superintend the poor, conditioned for the faithful performance of his duty, in such penalty as he may think proper, which shall not be void on first recovery, but may be sued on as often as the Judge and Commissioners shall be of opinion that the conditions have been violated and the Judge and Commissioners shall have power to make such rules and regulations for the support of the poor at the poor house, as to them may seem to comport with their comfort and the economy of the funds of the county. Repeal. Sec. 7. And be it further enacted, That all laws and parts of laws conflicting with the provisions of this act be and the same are hereby repealed. Approved, December 28, 1838. To alter and amend an act entitled an act to provide for the sale of lands and slaves at the Town of Courtland in certain cases, Approved December 21st 1837. Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That all property authorised to be sold at Courtland by the above Property to be advertised recited act, shall be advertised to be sold at said Town on the second to be sold. Monday of the month instead of the first as now prescribed by law. Approved, December 29, 1838. [No. 10.] 14440 AN ACT To provide for the support of Paupers in the County of Bibb. Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the Judge of the county Court and Commissioners of Roads Judge and and Revenue for the county of Bibb, be and they are hereby authorCommissio'rs ised whenever they or a majority of them, shall deem it necessary to to purchase purchase and receive title to any quantity of land (within five miles than 1 qr. sec. of Centreville,) not exceeding one quarter of a section, which title shall be made to the Judge of the County Court of Bibb county and his successors in office, and shall vest in and be the property of Bibb county. land not more Commis'ers Sec. 2. And be it further enacted, That said Judge and Commissioners are authorised to contract for the building of all necessary to contract for houses for the purpose herein mentioned, and every thing else that building neis necessary to be done, the expenses of which shall be paid out of Cessary house the county Treasury of Bibb county. may order Sec. 3. And be it further enacted, That whenever it shall appear to the Court of Commissioners of Roads and Revenue of Bibb county, that a person is a subject of public charity and support, he, Commis'ers she, or they, so soon as there be a poor house in Bibb county, may persons to be be ordered by said Court to be conveyed to the said poor house to be conveyed to taken care of and supported, and said Court is authorised to employ and employ some suitable person to superintend and take care of all the poor of Superin'dent. said county of Bibb. poor house Judge and Commis'ers to meet at poor house. Sec. 4. And be it further enacted, That it shall be the duty of the Judge of the county Court, and Commissioners of Roads and Revenue, to meet at the poor house of their county, at least once in every three months, and examine the situation of the house and furniture, the paupers and their treatment; and the said Court shall in all cases have power to dismiss any person from the care and charge of the poor house, at the pleasure of said court, and to make all such rules and regulations as to the said court shall seem necessary and advisable, with due regard to economy and the comfort of the poor. Sec. 5. And be it further enacted, That at the first Court of Commissioners of Roads and Revenue after poor house shall be built in Bibb county, the said Court shall appoint one person in each Captain's beat, to act as overseer of the poor, whose duty it shall be Commis'ers to report to each term of the Commissioners Court, what person or persons are within their beat, properly the subject of charity, and seers of poor. public support, and the said Court, shall enquire into the facts of the Duties of Ov case of each one reported, and order them to be conveyed to the Court to fill poor house, or make such other order, (if the Court should deter- vacancies. mine against such report,) as said Court shall deem proper and expedient, and the said overseers so appointed shall continue in office one year, and said Court shall at each regular term thereof, fill all vacancies occasioned by death, resignation, removal and expiration of term of service or otherwise. Court to ap point Over erseers. Sec. 6. And be it further enacted, That before any person who may be employed by the Commissioners Court of Roads and Reve nue, to superintend the poor house in Bibb county, shall enter upon to give bond Superinden't the discharge of his duty, he shall enter into hond, with two or and security Judge and more good securities payable to the Judge of the County Court of Commis'ers Bibb county and his successors in office, to be approved of by the to make rules said Judge, conditioned, for the faithful discharge of his duty, said & regulations bond to be in such penalty, as the said Court may direct, and shall not be void on the first recovery, but may be sued on as often as the Judge and Commissioners shall be of opinion, that the conditions, have been violated, and the Judge and Commissioners, shall have power to make such rules and regulations for the support of the poor, at the poor house as to them may seem to comport with the interest of the county, the health and comfort of the poor. Sec. 7. And be it further enacted, That all laws and parts of Repeal. laws contravening with the provisions of this act, be and the same [No. 11.] AN ACT To alter the time of holding the County Court for the County of Covington, and for other purposes therein specified. Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That hereafter the County Courts for the County of Covington, shall Court holden. be holden on the third Monday in February, in lieu of the first Monday in January, as now directed by law. Sec. 2. And be it further enacted, That the suits and actions now pending or hereafter to be commenced in said court, is hereby Process re- made returnable and cognizable to the County Court as appointed by turnable. this act. Sec 3. And be it further enacted, That it shall hereafter be lawful for the Clerk of the County Court and Sheriff of said county, in the presence of any one of the Commissioners of Roads and RevClerk and enue, to draw the Jury attending said County Court, and such Jury so drawn, shall be as lawfully done, as if the same had been done by the Clerk of the County Court, any law, usage, or custom, to the contrary notwithstanding. Approved, January 1, 1839. Sh'iff to draw Jury. Repeal. Sheriff to [No. 12.] AN ACT To repeal An Act, exempting certain property from levy and sale by virtue of an exe- [No. 13.] To establish the permanent Seat of Justice for the County of Russell. Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, hold an clec. That it shall be the duty of the sheriff of Russell county, within thirty days after the passage of this act, giving at least fifteen days notice thereof, to cause an election to be holden at the different precincts in said county, for the place of the permanent seat of Justice in the same. tion. Sec. 2. And be it further enacted, That if more than two places should be put in nomination, and no one shall receive a majority of the votes given in the county, then it shall be his duty to hold a second election within fifteen days of the first, giving at least Duty to hold ten days notice, at which second election the two places receiving the highest number of votes, only shall be put in nomination, and the place so chosen, shall be the permanent seat of justice for said county. 2d Election. Sec. 3. And be it further enacted, That each white male citizen Qualified who on the day of the election, shall have been six months an inhabitant of the State, and three months in the county, and who shall Electors. |