ever that suit for tolls may be instituted before the expiration of five days if deemed advisable, and said Grant, may prevent the passage of any boat or other vessel through the channel aforesaid until the tolls are settled.

May detain

vessel till toll is paid.

right given to

Sec. 3. And be it further enacted, That said Grant be, and is hereby invested with all the rights and powers necessary for the con- Exclusive struction and repair of said channel or channels, and it is stipulated John Grant and agreed that for, and during the space of twenty five years, from the passage of this act, said Grant, shall have and enjoy the exclusive right and privilege of constructing a channel or canal for the passage of steam boats or other vessels through the shoal or shell reef above referred to: Provided, that said work shall be so far advanced as to admit the passage of steam boats or other vessels drawing five feet water within twelve months from the passage of this act otherwise this act to be null and void.

Sec. 4. And be it further enacted, That said Grant, shall have power to sell or convey any portion, or all the rights and privileges when his conferred on him by this act, at any time after he shall have so far right may be completed said work as to admit the passage of steam boats or other transferred vessels drawing five feet water: Provided, however that should. there not be five feet water in said channel for six consecutive months after the expiration of the twelve months allowed for its completion then all the rights and privileges conferred by this act shall expire.

Sec. 5. And be it further enacted, That should any person or persons, wilfully or carelessly do any act whereby said work shall be injured or impaired, or the navigation of the channel authorised to be cut by this act, shall be obstructed, or whereby said Grant, or others interested in said work shall be hindered or disturbed in the prosecution or enjoyment of said work, such person or persons so offending shall be liable to a fine of five hundred dollars to be sued, for and recovered before any court of competent jurisdiction, and they shall also be liable to the proprietor or proprietors of said work for all damages which they may have caused to them by such act to be sued for and recovered before any competent tribunal. Approved, Feb. 2. 1839.

[No. 109.]

AN ACT

To incorporate the Somerville Academy in 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, That from and after the passage of this act, that the Academy in Russel county, now known as the Somerville Academy, shall be so known and designated; and that George W. Dilliard, Robert S. Hardway, W. P. Young, John Fountain and George H. Schley and their successors in office, be and they are hereby declared to be a body politic and corporate by the name and style of the trustees of Somerville Academy, and as such shall be capable and liable in law to sue and be sued, to plead and be impleaded to, and shall be authorised to make such laws and regulations as shall be necessary for the government of said Academy: Provided, that such by-laws and regulations are not repugnant to the constitution and laws of this State,

Penalty for

injuring the work.

Incorporation

Trustees may make by laws

Use a seal and for that purpose may have and use a common seal, appoint such officers as they may think proper, and remove the same from office for improper conduct or neglect of duty.

Sec. 2. And be it further enacted, That the trustees aforesaid shall be capable of accepting and being invested with all manner of property, both real and personal, all donations, gifts and immunities whatsoever which may belong and appertain to said institution or which may hereafter be conveyed or transferred to them or their sucHold property cessors in office, to have and to hold the same for the proper use and benefit of said Academy, not exceeding thirty thousand dollars.

to amount of

$30,000

Vacancies how filled

Property not taxable.

School funds how divided

Com'rs may apportion the funds.

Sec. 3. And be it further enacted, That whenever any vacancy may occur by death resignation or otherwise, of any of the trustees of said Academy, the remaining trustees shall fill such vacancy in such manner as shall be appointed out by the by-laws and regulations of said incorporation.

Sec. 4. And be it further enacted, That all property owned by the trustees for the benefit of said Academy, shall be free from taxation. Approved, Feb. 2, 1839.

[No. 110]

AN ACT

To equalize the advantages of the School Fund, in Township three, range nine west, in the Huntsville Land District, and for other purposes.

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, the citizens of township three, and range nine west, in the Huntsville land district, who may send to school in an adjoining township and board their children at home, when it is more convenient than to send to school in the said township in which they reside, shall be entitled to an equal distribution of the funds, according to the number of children sent to school in the township, by their being required to furnish a certificate of the number of scholars sent to the adjoining township, from the teacher of said township and the commissioners. are hereby authorised and required to make the distribution accordingly, any law or usage to the contrary nothwithstanding.

Sec. 2. And be it further enacted, That the same benefits shall be given to township four, range ten in Franklin county, and township four and range nine in Lawrence county, as is provided in the first section of this bill and under the same provisions and restrictions as therein contained.

Sec. 3. And be it further enacted, That the commissioners of township five range five, in the county of Morgan, shall have power to apportion the funds belonging to said township equally among the scholars, so that whether the children go to school in or out of the township, the said commissioners shall have discretion as to the apportionment of said funds equally among all the scholars belonging to the township.

Sec. 4. And be it further enacted, That residents of any town. ship in Perry, Marengo, Jefferson, Blount and Lauderdale counties may be permitted to draw their proportion of the sixteenth section fund when they find it more convenient to send to school in an adjoining township.

And be it further enacted, That the citizens in township five of range two west, in the county of Morgan, shall be entitled to the benefits of the above act. Approved, Feb. 2, 1839.

To incorporate the Trading and Importing Company of Alabama.

Section. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That William Bayard and his associates, are hereby constituted a Incorporation body corporate and politic, under the name and style of the Trading and Importing Company of Alabama, for the purpose of importing into the bay of Mobile, direct from Europe or elsewhere, goods, wares and merchandise, and also for exporting and trading in produce and merchandise; and that they and their assigns shall be known by said name in law and equity, and may sue and be sued, plead and be impleaded, defend and be defended, in all courts of law and chancery, and may have and use a common seal, and the same alter and amend at pleasure; and may have and hold such real and personal property Hold property as may be necessary for carrying on their commercial operations, and to advance the success of the enterprise.

Keep a seal

Make by-laws

Sec. 2. And be it further enacted, That said company shall have power to make bye-laws for their own government, not inconsistent with the laws of this state or of the United States; and so soon as said company shall be ready to commence operations, a statement, shewing the amount of their capital paid in, shall be subscribed and sworn to, before a judge of the county court, and published in some newspaper in the city of Mobile; which certificate shall be Publish am't. rendered and publication made at the commencement of every year nually. thereafter, in order that no fraud may be committed upon the public, as to the amount of capital actually employed by said company.

Approved, Feb. 2, 1839.

To amend the laws now in force in relation to the Harbor of Mobile.

of capital an

to examine

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the harbor master and wardens of the harbor of Mobile, or any one of them, may be called on by the captain or master of any ship Harbor masor vessel coming from sea, to inspect the manner in which the hatches ter or warden are secured previous to the opening of the same for discharge, and shall Hatches of be present at the opening thereof, and shall, if called upon, inspect vessels before the storage of goods on board said ship or vessel, and shall, upơn every such survey, certify, under his or their hands, the condition Condition to which such hatches and goods may appear to be in, which shall be be certified recorded in a book to be kept for that purpose in the port- warden's office-a duplicate of the certificate shall be given to the captain or

master.

Sec. 2. And be it further enacted, that the warden shall be entitled to receive from the captain or master for each inspection and certificate, he shall be so called on to make, the sum of three dollars.

opening.

and recorded.

Warden to be paid $3 for each inspec

tion.

ter and War

Sec. 3. And be it further enacted, That it shall be the duty of the harbor master, or two of the wardens, to attend all sales at auetion of damaged goods, directed to be sold under their inspection, and to give a certificate of the correctness of such sale, under their Harbor mas hands and seals, for which services they shall be entitled to receive den to certify the following compensation-On sums of two hundred dollars and correctness of under, five per cent: over two hundred dollars, and not exceeding sale of goods five hundred dollars, two per cent: over five hundred and not exceeding one thousand dollars, one per cent: over one thousand dollars, one-fourth of a per cent.

damaged.

Penalty for

Sec. 4. And be it further enacted, That if any captain or master of any ship or vessel, coming into the bay or harbor of Mobile, throwing bil-shall thereon, cause, allow or permit, to be thrown overboard, any last overb'rd. stone, gravel or other ballast, from on board his vessel, he shall forfeit and pay the sum of five hundred dollars, to be sued for and recovered by the board of master and wardens of the port of Mobile, in any court having cognizance thereof; and it shall be the duty of each and every pilot, and deputy pilot, of the bay and harbor of Mobile, to inform the harbor master or wardens, of all violations of this act, as soon as possible after knowing the same, on pain of suspension or dismissal from office, at the option of the board of master and wardens. Approved, Feb. 2, 1839.

Name

To incorporate the Aberfoil male and Female Academy. Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That there shall be established at Aberfoil in the county of Macon, an Academy to be called and known as the Aberfoil Male and Fe-male Academy.

Sec. 3. And be it further enacted, That Lewis Sloudenmire, Benjamin Scott, Samuel Johnson, James Larken. Charles G Lynch, Linston Keener and John McBearhan and their successors in office Incorporation be and they are hereby constituted a body corporate by the name and style of the trustees of the Aberfoil Male and Female Academy and by that name shall have full power and authority to have and use a common seal and the same to break, alter and renew at pleas Hold property ure, to sue and be sued, plead and be impleaded in all kinds of actions to amount of to receive donations and purchase property both real and personal, $10,000 in value no exceeding ten thousand dollars and the real property shall enure to the said trustees and their successors in office forever, and to pass all such by-laws and make such rules and regulations as said trustees may deem expedient for the Government of said Academy the same not being repugnant to the constitution and laws of the United States and of the State of Alabama.

Sec. 3. And be it further enacted, That five trustees shall constitute a quorum for the transaction of business and a majority of the Vacancies trustees shall have power to fill all vacancies, that may occur from any cause and shall have power to appoint a president of the board and all such officers as they shall deem necessary and that this act shall be in force from and after the passage thereof.

how filled.

Approved, Feb. 2, 1839:

[No. 114.]

AN ACT

To amend an act approved December the twenty-fifth eighteen hundred and thirty sev en to apppropriate the balance of the interest arising from the Canal fund which has or may be hereafter deposited in the State Bank or either of the branches of this State 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 it shall be the duty of the State Bank and the several branches of this State, that hold or may apart interest hereafter hold any of the funds of the Tennessee Canal to set apart the interest thereon computed at the rate of six per cent. per annum, Provided, the said banks or either of them may have or may hereafter use the same for banking purposes.

Sec. 2. And be it further enacted, That such sum or sums as shall be set appart by the first section of this act shall be subject to the draft of the Tennessee Canal Commissioners or such other pèrsons as may be authorised to check for the same; and when such sum or sums shall be set apart by the provisions of the first section of this act it shall be deducted from the sinking fund of the bank in which it may deposited if it shall have been carried to the same, any law to the contrary notwithstanding.

[No. 115.]

AN ACT

Approved, Feb. 2, 1839.

Banks to set

of Tenn. ca.

nal fund.

Subject to Com'rs. draft

Incorporation

To establish the Gerard Manufacturing company. Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That S. M. Ingersoll and John Goodman, together with such persons as may herein after become associated with them be and they are hereby made and constituted a body corporate in fact and in name under the style and title of the Gerard Manufacturing Company of the county of Russell, and by that name be and are hereby made able and capable in law to have, purchase, receive, possess, enjoy and realize to them and their successors, lands, rents, tenements and hereditaments, goods, chattles and effects, of whatever kind, nature Hold property or quality, in any amount in the whole not exceeding five hundred $500,000. thousand dollars including the capital stock of said company and the same to sell grant demise, alien or dispose of, to sue and be sued, plead and be impleaded, answer and be answered, defend and be defended in all courts having competent jurisdiction and to make, use and have a common seal and the same to break, alter and renew at pleasure.

to amount of

Keep a seal

Sec. 2. And be it further enacted, That said body corporate shall have power to prescribe the number of shares into which the capital stock, which by this act said corporation is allowed to invest and employ shall be divided, the mode in which it shall be taken, paid and Powers, &c. tansferred and also to prescribe, the mode by which stockholders may vote, and the number of votes to which each shall be entitled, Provided, nevertheless that the rule adopted shall be uniform, equally preserving the rights of each stockholder, and also to provide by ballot for the election of such officers as may be allowed necessary for the Government and proper management of the affairs of said corporation and also to ordain, establish and put in execution such