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Sec, 18. And be it further enacted, That any obstructions Shall remove hereafter created upon said stream, by erection of bridges, mills, or &c.
bridges, mills 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 non erected across said stream, without the consent of the owner, or by the assessment of proper damages, as ahore provided for.
Sec. 19. And be it further enacted, That if any person or persons shall obstruct the navigation of said stream, by selling 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.
Sec. 2. And be it further enacted, That three Directors and the President, or acting President, shall constitute a Board for the trany. action 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 regalar 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.
Approved, Feb. 2, 1839.
AN ACT to amend an act cntitled an act to incorporate the Selma and Tennessee Rail Read
Company, approved the 22d day of December, 1836. 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 enacled by authority of the same, That on and
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.
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 Rates, &c
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 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 nuli, void, and of no effect.
Sec. 4. And be it further enacted, That any portion of the ori. ginal act incorporating the Selma and Tennessee Rail Road Compa. ny, 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.
ries, and defining tbe rights and liabilities of the owners taereof.
atives of the Stale of Alabama in General Assembly convened, fewer vested.
That in all cases where there is no legislative enactment upon the subIl com’rs c't. ject, the Commissioners Courts of the different counties shall have full of roads and power and authority to adopt rules and regulations in relation to
ioll-bridges, causeways and ferries, as well as ways and public road:, 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 100 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.
Sec. 2. And be it further enacled, That when in the opinion of YA the Commissioners' Court, is is expedient to grant a license to any Grant linense
to build bridge applicant to establish a ferry, toll bridge or causeway, they may do es, &c so, and shall at the same time prescribe the rate of toll or ferriage, and also require the applicant 10 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 of. fice, 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 ne'cessary for better security, require the applicant to renew at any time, on giving him ten days notice, and if he fail to do so, reroke 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 debtor covenant on said bond, in the name of ihe 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 Penalty for shall be lawful for any person detained at any public ferry, toll
detaining truc bridge or causeway, in consequence of neglect of duty on the part of ihe owner, to obtain a warrant from a justice of the peace, and recover 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 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, Penalty for
not keeping pair, or to keep a good and sufficient boat, or fail, to have such ferry banks good. 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 per: son 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:
When more lish a ferry, and the owners on each bank apply for a license, the than one api court may grant a license to either at their election: Provided, The may deter- successful applicant shall pay to the owners of land which it
necessary to appropriate such damages as may by him or thein 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 io 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 injuring 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,
any other manner obstruct the enjoyment of the privileges vested, 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 recorered 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, Repeal causeways, toll-bridges and ferries, under the head of roads, bridges
and ferries, in Aiken's Digest of the laws of this Siate, as well as al laws or parts of laws, contravening the provisions of this act, be, and
the same are hereby repealed: Provided however, that this act sha'l Proviso. not violate or avoid any contract, responsibility or obligation here
lofore made, incurred, or given to establish a ferry, toll-bridge or causeway: And provided also, it does not apply 19 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 established 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.
Approved, Feb. 2, 1839. (No. 103.)
To incorporate the town of Warrenton.
same is hereby incorporated, and the limits of said corporation shall Incorporation be as follows, (viz:) taking within its limits all the lots already sur
Limits defin'a veyed 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 Colton-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.
Sec. 2. And be it further enacted, That on the second Monday in February next, or within thirty days thereafter, and on the Election of 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. Poss 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 neces. sary 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 ihe.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.
Sec. 5. And be rt 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 terın 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.
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