Sec. 18. And be it further enacted, That any obstructions Shall remove bridges, mills hereafter created upon said stream, by erection of bridges, mills, or &c. otherwise, shall, whenever the company have, in the progress of their work, reached the point of any such obstruction, be liable to be removed by said company: Provided, this act shall not be so. construed as to authorise said company to remove any mill dam or bridge now erected across said stream, without the consent of the owner, or by the assessment of proper damages, as above provided for. river. Sec. 19. And be it further enacted, That if any person or persons shall obstruct the ħavigation of said stream, by felling trees Penalty for or otherwise, he, she or they so offending, shall forfeit and pay to the obstracting said corporation, double the amount of damages which may be assessed in any court of record, having competent jurisdiction thereof. Approved, Feb. 2, 1829. To compensate the Directors of the Bank of the State of Alabama and its several Bran ches. Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the Directors of the Bank of the State of Alabama and its several Branches, at Montgomery, Huntsville and Decatur, shall receive five dollars per diem, and the Directors of the Branch Bank at Mobile, seven dollars per diem for every day they may be engaged in the discharge of their duties as Directors; and it shall be the duty of the Cashier under the superintendance of the President in each Bank, to keep a regular account of the days of service rendered by each Director, and trassmit the same to the presiding officers of each House of the General Assembly, and the payment of the sums due the different Directors, and shall be provided for by act of appropriation, by the General Assembly, at every session: Provided, That the amount to be paid to any Director of the State Bank, or either of its Branches, at Montgomery, Huntsville and Decatur, shall never exceed five hundred dollars, and of the Branch at Mobile, one thousand dollars for their services during any one year. Sec. 2. And be it further enacted, That three Directors and the President, or acting President, shall constitute a Board for the transaction of business; and three Directors may form a Bill Committee, and the President, Directors, Cashier and all the offices of the Bank, shall be exempt from serving on the jury: Provided, That should any Director fail or refuse to attend for ten days in succession, at any regular meeting of the Board of Directors, he shall be considered as having resigned his seat, unless prevented by sickness or other unavoidable cause, and shall be subject to all laws heretofore passed in relation to the resignation of a Director. [No. 101.] AN ACT Approved, Feb. 2, 1839. To amend an act entitled an act to Incorporate the Selma and Tennessee Rail Read Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assemby convened, and it is hereby enacted by authority of the same, That on and name Change the after the passage of this act, it shall be lawful for the Stockholders corporate of the Selma and Tennessee Rail Road Company, to change the corporate name of said Company, to that of the "Alabama, Tennessee and South-western Rail Road Company," by and under which name they shall be known in law and equity, and shall enjoy all the rights and privileges, and be subject to all the limitation and restrictions, conferred and imposed upon them by the act incorporating the said Selma and Tennessee Rail Road Company: Provided, nevertheless, That such alteration of the corporate name, shall in nowise or manner affect the validity of any transaction, obligation or contract, heretofore or hereafter made or entered into by or with the said corporation, under the name and style existing, of the Selma and Tennessee Rail Road Company. Rates, &c Sec. 2. And be it further enacted, by authority of the same, That it shall not be lawful for the said Selma and Tennessee Rail Road Company, to charge over seven cents per mile for the transportation of passengers, and fifty cents (50 cents) per hundred pounds per hundred miles, for the conveyance of freight, with a reasonable addition for forwarding, handling, &c. Sec. 3. And be it further enacted, That neither this act, nor any Stockholders portion thereof, shall be considered in force until after the acceptance may accept of the same by the Stockholders of the Selma and Tennessee Rail or reject this Road Company, which acceptance shall be signified, duly attested to act. fower vested. of roads aud rc enue the Governor of the State in writing, to be placed in file in the office of the Secretary of State; and in case said Stockholders shall not accept this act, nor any portion thereof, then this act, or such portion thereof as shall be rejected by the Stockholders, shall be null, void, and of no effect. Sec. 4. And be it further enacted, That any portion of the original act incorporating the Selma and Tennessee Rail Road Company, which may conflict with this act, or with such portion thereof, as may be accepted by the Stockholders of said company, shall be considered by said acceptance as repealed and rendered null, void and of no effect. Approved, Feb. 2. 1839. AN ACT [No. 102] Prescribing the mode of establishing and licensing Toll Bridges, Causeways and Ferries, and defining the rights and liabilities of the owners thereof. Section 1. Be it enacted by the Senate and House of Represenatives of the State of Alabama in General Assembly convened, That in all cases where there is no legislative enactment upon the subcom'rs c't. ject, the Commissioners Courts of the different counties shall have full power and authority to adopt rules and regulations in relation to toll-bridges, causeways and ferries, as well as ways and public roads, and may at any time levy a tax to build causeways and bridges, when in their opinion the public good requirs it; when the work is too great to be done by the proper overseer and his hands, or when no one applies as hereinafter prescribed to establish the same: Provided, That whenever any such work is necessary on the line between two counties, the same shall be done at the mutual expense of said counties in proportion to the amount of taxable property in each. 1 any Grant linense to build bridg. es, &c Sec. 2. And be it further enacled, That when in the opinion of the Commissioners' Court, is is expedient to grant a license to applicant to establish a ferry, toll bridge or causeway, they may do so, and shall at the same time prescribe the rate of toll or ferriage, and also require the applicant to enter into bond with good security, in a sum not exceeding fifteen hundred dollars, payable to the Judge of the County Court, of the proper county, and his successors in office, and conditioned (in the case of a ferry) that the applicant will constantly provide and keep a good and sufficient boat or boats, and ferryman or hands, and keep the banks on each side of the water course in good repair; but in the case of a toll-bridge or causeway, that it shall be well buit, according to the grade of the road it is on, and kept in good repair, so that it may be passed at all times with safety and convenience; which bond they may if they deem it necessary for better security, require the applicant to renew at any time, on giving him ten days notice, and if he fail to do so, revoke his license; and should any person at any time sustain damage in con. sequence of the owners not having complied with the conditions of his bond, the person so damaged may bring ar. action of debt or covenant on said bond, in the name of the Judge of the County Court, and recover damages to the extent of the injury sustained, to be applied to the use of the person injured, and such bond shall not become void by reason of the first or any subsequent recovery; and it shall be lawful for any person detained at any public ferry, tollbridge or causeway, in consequence of neglect of duty on the part of the owner, to obtain a warrant from a justice of the peace, and recòver from such owner the sum of ten dollars for each default or neg lect, and the same remedy may be had against any owner who shall demand and secure a greater amount of toll than that prescribed by the court, and no such recovery shall be a bar to an action on the Proviso bond for any breach thereof: Provided, Any person may keep a private ferry, &c. at which no toll is charged.. Sec. 3. And be it further enacted, That if any person shall presume to establish a public ferry, toll bridge or causeway, and receive toll for the use of the same, without having obtained a license as prescribed by this act, or having received a license, shall (in the case of a ferry) fail to keep the banks on each side at such ferry in good re, pair, or to keep a good and sufficient boat, or fail to have such ferry attended with sufficient hands for the safe and speedy passage of all persons, horses, carriages, &c. or in the case of a toll-bridge or causeway, shall neglect constantly to keep the same in good repair, so that it may be travelled over with ease, safety and convenience, such person is hereby rendered liable to indictment, and on being found guil ty, shall be fined any sum the jury trying the offence may assess: and it is hereby expressly made the duty of the Grand Jury to present all such persons; but no person shall be liable to indictment for not attending to a ferry when the water at the time and place is so low as to be forded with safety and convenience. Sec. 4. And be it further enacted, That when two or more persons own lands on the banks where application is made to estab, H Penalty for detaining tra vellers. Penalty for not keeping banks good. When more lish a ferry, and the owners on each bank apply for a license, the than one ap; court may grant a license to either at their election: Provided, The plicant, court may deter- successful applicant shall pay to the owners of land which it may be mine. necessary to appropriate such damages as may by him or them be sustained, to be ascertained by the verdict of a jury, on a writ of ad quod damnum, to be issued by the Clerk of the County Court of the county in which the land lies, requiring the Sheriff to summon a jury of twelve, who shall be sworn to inquire of and assess the damages, and if the successful applicant fail to pay the damages thus assessed, within thirty days after notice thereof, the court granting such license shall make them secure and grant it to some other person. Sec. 5. And be it further enacted, That no licensed toll-bridge or ferry (unless it be on a sixteenth section, by the Trustees thereof, or unless at or within two miles of some town or city) shall be established on the same water course, within two miles by water, of any toll bridge or ferry already established.. Sec. 6. And be it further enacted, That if any person break or injure any gate to a toll-bridge or causeway, pass round or under the Penalty for same, or do any other act for the purpose of avoiding the payment bridge or of the legal toll to the owner of any toll-bridge, causeway or ferry, causeway, or in any other manner obstruct the enjoyment of the privileges vest injuring toll Repeal Proviso. ed, in pursuance of this act, such person shall be liable to pay to the owner, for each offence, the sum of five dollars, to be recovered by warrant before a Justice of the Peace; and moreover, be liable to the owner in an action of damages for the injury done his property, before any court having competent jurisdiction. Sec. 7. And be it further enacted, That sections three, seven, twenty-four, twenty-six, twenty-seven, twenty-eight, twenty-nine, thirty, thirty-one and forty-eight, on the subject of county bridges, causeways, toll-bridges and ferries, under the head of roads, bridges and ferries, in Aiken's Digest of the laws of this State, as well as all laws or parts of laws, contravening the provisions of this act, be, and the same are hereby repealed: Provided however, That this act shall not violate or avoid any contract, responsibility or obligation heretofore made, incurred, or given to establish a ferry, toll bridge or causeway: And provided also, it does not apply to any county or ferry, for which a special act has been passed, but the owners of all causeways, toll-bridges and ferries heretofore established, shall be liable to be prosecuted as prescribed in this act, for failure to comply with the duties prescribed in the third section of this act. Sec. 8. And be it further enacted, That toll-bridges, causeway's and ferries at, or on the line between any two counties, may be es tablished by either county, the applicant obtaining the assent of such courts, respectively complying with the provisions of this act, by giving bonds, &c. in one or the other of the counties. [No. 103. AN ACT Approved, Feb. 2, 1839. To incorporate the town of Warrenton. Limits defin'd same is hereby incorporated, and the limits of said corporation shall Incorporation be as follows, (viz:) taking within its limits all the lots already surveyed and numbered, and that portion of unsurveyed lands lying between a line running direct from the north-east corner of lot No. forty-five, to the centre of section ten, and a line running parallel with Cotton-street, from the corner of lot No. one, to intersect the lands belonging to Robert P. Lide, together with the surveyed lots belonging to the said R. P. Lide. Election of Sec. 2. And be it further enacted, That on the second Monday in February next, or within thirty days thereafter, and on the second Monday in February in each and every year thereafter, an officers. election by ballot for five Councillors, resident citizens, shall be held at some public and convenient place in said town, who shall serve for the term of one year from said election, and until their successors in office shall be qualified; which election shall be conducted by any two of the then acting Councillors, and the said Councillors shall on the day succeeding their election, or within one week thereafter in each and every year, meet and designate by a majority of votes from their body, an Intendant, whose duty it shall be to preside at all meetings of the Council, and in his absence or inability to attend, any member may be called to the Chair, and a majority of the Council shall constitute a quorum to do business, and the said board is hereby constituted and declared to be a body politic and corporate, by the name of the Intendant and Council of the town of Warrenton, and by that name, shall have and enjoy all the rights, powers and privileges, and be subject to all the liabilities that are incident to bodies corporate. Sec. 3 And be it further enacted, That the said corporation shall have full and complete power to make such by-laws and ordi. Pass by-laws. nances as they may deem proper for the good government of said town, and to affix such fines and penalties as may be deemed necessary to inforce the same: Provided, said laws and ordinances be not repugnant to the laws and constitution of this State, and of the United States. Sec. 4. And be it further enacted, That the said corporation be authorized to raise a revenue to carry into effect all the objects of Levy tax. the corporation, by laying a tax on all lots, houses, lands, and all other property liable to taxation by the laws of this State: Provided, That the tax thereon shall not exceed one half the county tax last imposed. who shall en Sec. 5. And be it further enacted, That the said corporation shall elect a Marshal and such other officers as they may deem expedient, to hold their offices for the term for which the council shall Elect Marshal have been elected, and such Marshal when elected, shall enter into ter into bond. bond with good and sufficient securities to be approved of by the Intendant and Council, and made payable to the Governor and his successors in office, conditioned faithfully and correctly, to discharge the several duties imposed by this act, without favor or partiality; and the said Marshal shall be invested with all the powers and authorities that Constables of the county are by the laws of this State, and shall exercise the same within the limits of said corporation. |