vested with

Justice.

Sec. 6. And be it further enacted, That the Intendant shall ex Intendant officio be invested with all the powers and authorities that Justices of authority of the Peace are, by the laws of this State, and shall and may exercise the same within the limits of said corporation, and the Intendant and Marshal shall be liable to the same restrictions and penalties as Justices of the Peace and Constables of the county are, by the laws of this State.

Vacancies

how filled.

Town officers

Sec. 7. And be it further enacted, That should any vacancies occur in said board, such vacancies may be filled by the remaining members thereof, and the member or members so added, shall continue in office until the succeeding election, and qualifications as provided in the second section of this act.

Sec. 8. And be it further enacted, That the Intendant and Counto take oath. cil and other officers, shall take an oath before some Justice of the Peace, faithfully and correctly to discharge the several duties imposed by this act, without favor, partiality, or prejudice.

ganise corpo

Sec. 9. And be it further enacted, That Jonathan Yeldell, J. Persons ap E. Jones, H. H. Warmack, F. J. Hay, J. H. D. Warmack, Willis pointed to or- Darr and B. B. Bruer, or any three of them be appointed to organration & hold ize said corporation, and to hold the first election for said Council, which election shall be held at the time pointed out by the second section of this act, and the polls shall be opened at twelve o'clock, A. M. of each day of said election, and closed at four o'clock P. M. of the same day.

first election

Sec. 10. And be it further enacted, That all free white males over the age of twenty-one years, and who have resided within the limits of said corporation three months immediately preceding such election, shall be entitled to vote at the same.

Sec. 11. And be it further enacted, That all persons residing within the limits of said corporation, who are liable to work on roads, shall be liable to work on all roads, lanes, streets and alleys, within the limits of the same, and shall be exempt from working on roads without the aforesaid limits: Provided, That no person residing without the limits of said corporation, shall be compelled to work on any lane, street, road or alley, within the limits aforesaid.

[No. 104.]

AN ACT

Approved, Feb. 2, 1839.

To repeal in part an act, approved December the seventeenth, 1823. Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened That an act entitled an act, to appoint commissioners for the counties of Perry and Marengo, to sell and convey town lots at the towns of far as relates Marion and Linden, the seats of justice thereof, and to erect public to Marengo. buildings in the same, so far as refers to the county of Marengo be and the same is hereby repealed.

Repealed so

Com'rs to deliver books &

Sec. 2. And be it further enacted, That the commissioners papers to the appointed and the provisions of the above recited act for the county judge of coun- of Marengo and their Treasurer are hereby required to deliver into ty court. the hands of the Judge of the county court of said county of Marengo, or to the commissioners of revenue and roads, all the papers, doe

uments and monies, which may be now, or may heretofore have come into their possession under the provisions of the acts which this is intended to repeal.

Sec. 3. And be it further enacted, That the commissioners of revenue and roads for the county of Marengo, together with the Judge of the county court of said county, shall have and exercise all the functions and powers of the commissioners appointed under the acts above referred to.

Sec. 4. And be it further enacted, That the commissioners of Com'rs of Rerevenue and roads, if they deem it expedient and proper may appoint venue& roads commissioners with all the duties and powers pertaining and belong- Comin'rs. may appoint ing to the commissioners appointed under the act which this is designed to repeal: Provided, that if such commissioners are appointed, they shall be amenable and subject to the control, and liable to be removed froin office at the discretion of said. Judge of the county court of Marengo, and the commissioners of roads and revenue, and Provided further, that the laws now in force in this State, prescribing the duties of the commissioners of roads and revenue, and of the Judges of the county court shall be in full force and operation in thecounty of Marengo, except so far as is otherwise provided, in this

act.

Sec. 5. And be it further enacted, That from and after the passage of this act, the functions and powers of the commissioners ap pointed under the acts which this is designed to repeal, so far as the county of Marengo is concerned shall cease.

Sec. 6. And be it further enacted, That the court of commis- Com'rs of R. sioners of roads and revenue in the county of Marengo, be and they &R. may levy are hereby authorised to levy for the ensuing three years upon the a tax. people and taxable property of said county such amount of taxes as the wants of said county may require: Provided, that the whole amount levied in any one year, shall not exceed the sum of five thousand dollars.

to appoint as

Sec. 7. And be it further enacted, That the said court, at the Com rs court February term, in every year, shall appoint an assessor and collec- sessor and tor of the taxes, who shall give bond, with two good and sufficient collector. securities, in double the amount of taxes to be collected, conditioned for the faithful discharge of the duties now prescribed by law for assessors and collectors, and who shall be entitled to, and receive such compensation for his services as the said court may think proper to allow and it shall be the duty of said officer to pay over in open court on the first Monday in December, in every year, the whole. amount of taxes collected by him to the Treasurer of the county and in the event of his failure to do so it shall be the duty of the Judge of the county court, upon motion of the treasurer, upon giving five days notice of such motion to said tax collector and his securities, to hold a special court for the purpose of assessing such damages as may be incurred by reason of such default against said tax collector and his securities, which said notice may be served by the treasurer aforesaid, and his return on the notice endorsed executed, shall be sufficient evidence of the same.

Sec. 8. And be it further enacted, That the persons who may

Assessor and

return to c't.

have paid taxes during the years eighteen hundred and thirty-seven and thirty-eight shall have the full benefit of their receipts for the same as assets against the taxes to be collected during the years eighteen hundred and thirty-nine and forty, and if in any instance the receipts should be larger than the taxes to be collected, then the tax collector, shall endorse upon the back of the same the amount to be credited in their favor.

Sec. 9. And be it further enacted, That the assessor and collector shall return a copy of his assessment sworn to to the term of the coll. to make commissioners court, to be held on the second Monday in August, in every year and if he shall fail to do so, he shall be liable to the penalty of two hundred dollars to be recovered by motion five days previous notice thereof having been given to him and his securities at the next term of the county court.

held.

Sec. 10. 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, Feb. 2, 1839.

[No. 105.]

AN ACT

To regulate the time of holding the Courts of the sixth Judicial Circuit. Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the courts of the counties of the sixth judicial circuit, shall hereafter be held at the times following, to wit: for the county of Court when Butler on the first Mondays of March and September, and continue six judicial days; for the county of Pike, on the second Mondays of March and September, and continue six judicial days; for the county of Barbour, on the third Mondays of March and September, and continue in session twelve judicial days; for the county of Henry, on the first Mondays after the fourth Mondays in March and Setember, and continue in session six judicial days; for the county of Dale, on the second Mondays after the fourth Mondays in March and Setember, and continue in session six judicial days; and for the county of Covington, on the third Mondays after the fourth Mondays in March and September, and continue in session until the business is disposed of.

Sec. 2. And be it further enacted, That all writs or process of any kind returnable at a different time than that specified for each county in the first section of this act, shall be returned at the time specified in said section, and all such process shall be deemed legal and valid to all intents and purposes.

Sec. 3. And be it further enacted, That all process shall hereafter be returnable to the time specified in the first section of this act, for their respective counties, any law usage or custom to the contrary notwithstanding. Approved, Feb. 2, 1839.

[No. 104]

AN ACT

To authorise Ward Taylor and his associates to construct a certain road hereinafter designated.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That Ward Taylor and his associates are hereby authorised and empowered

and associ

to construct a road, rail macadamized or other artificial road; the said Ward Taylor roan to commence at, or near the town of Stockton, on the Tensaw ates authori river and run east so as to intersect the Alabama, Florida and Georgia zed to conRail Road at, or near, the Escambia river, or such place as said company may select.

Sec. 2. And be it further enacted, That the said road is hereby declared a branch of the said Alabama, Florida and Georgia Rail Road.

Sec. 3. And be it further enacted, That all the powers and privilegs liabilties conditions and restrictions enumerated in the act approved the 12th December 1834, incorporating the subscribers to the Alabama, Florida and Georgia Rail Road Company are hereby granted and imposed on the said Ward Taylor and his associates. Approved, Feb. 2, 1839.

To abolish Attorneys fees in certain cases.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That from and after the passage of this act, in all suits instituted in any court having jurisdiction thereof, for the purpose of collecting money, no judgment shall be rendered at the appearance term, except by the consent of parties, from the failure of the defendant or defendants, to plead or enter appearance, as now by law required.

Sec. 2. And be it further enacted, That the defendant or defendants shall be compelled to plead to the merits within the first week of the appearance term, or upon failure thereof, forfeit his, her, or their right to make any defence thereafter, Provided, that this act shall not affect the laws now in force, giving the Banks of this State a summary process in the collection of debts.

Sec. 3. And be it further enacted, That no tax fee, shall be colJected from a defendant or defendants in any case, where no defence has been made.

Sec. 4. 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, Feb. 2, 1839.

No. 107.]

AN ACT

To amend the charter of the Cahawba and Marion Rail Road Company. Section 1. Be it enacted by the Senate and House of Represen

tatives of the State of Alabama in General Assembly convened,

struct a road.

That from and after the passage of this act it shall be lawful for the Name of comstockholders of the Cahawba and Marion rail road company, to pany changed change the corporate name of said company, and the name of said company is hereby changed to that of Cahawba, Marion and Greensborough 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 limitations and restrictions confered and imposed upon them by the act incorporating the said Cahawba and Marion rail road company: Provided, nevertheless that such alteration of the corporate name, shall in no wise or manner affect the

Proviso.

3

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 of the Cahawba and Marion rail road company.

Sec. 2. And be it further enacted. That the said company shall have power and are hereby authorised to continue the Cahawba and Marion rail road company to the town of Greensborough in Greene county, under the name and style of the Cahawba, Marion and Greensborough rail road company.

Sec. 3. And be it further enacted, That the capital stock of said company is hereby increased to dollars, and the President and Di. rectors of said company are hereby directed to open books (under the superintendence of such persons as they may appoint) at Cahaw President and ba, Marion and Greensborough, and such other places as they may. think proper to receive subscription of the stock in said company; the books of subscription shall continue open from day to day, until all of said stock shall have been disposed of.

Directors to open books

extended to

Approved, Feb. 2, 1839.

To authorise John Grant to cut or excavate a channel or canal through the shoal or shell reef, which now obstructs the inland navigation between Dauphin Island and Cedar Point in the county of mobile.

Section 1. Be it enacted by the Senate and House of Represen talives of the State of Alabama in General Assembly convened, That John Grant be and he is hereby authorised to enter upon and Privileges take possession of so much of the shoal or shell reef, situated between John Grant Dauphin Island and Cedar Point, in the county of Mobile, as may be necessary to cut or excavate a channel or channels of sufficient depth and width to afford a good and safe inland passage for steam boats and other vessels in the trade between the waters of Mobile bay and other places on the gulf of Mexico; and said Grant is authorised to build all such light houses, beacons, wharves and other buildings as may be deemed necessary to carry the object of this act into full effect: Provided, that nothing in this act contained, shall be so construed as to give to said Grant, the right to obstruct or in any manner interfere with any natural channel, which may now exist through the shoal or shell reef above refered to.

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Sec. 2. And be it further enacted, That so soon as said Grant shall have deepened or excavated a channel of sufficient depth and width to admit the passage of steam boats or other vessels drawing May charge five feet water, he shall be authorised to charge and receive from all to ll, &c.

such boats or vessels as may go in or out of said channel, a toll or tonnage duty at a rate not to exceed fifteen cents for each ton of the registered measurement of such boat or vessel, and any boat or other vessel that shall become liable for toll as aforesaid, whose captain, owner or other person, who may be in charge, neglecting or refusing to pay the same for five days after the same shall have been dema.ded, shall be liable to be sued for the amount of toll due, together with fifty per cent. damages, and said boat or other vessel and their owners shall be liable for the same, together with cost of suit to be collected before any court of competent jurisdiction: Provided, how