Make by laws by-laws ordinances and resolutions as they shall deem necessary and expedent for the Government of said corporation, not being contrary to the constitution or laws of this State or of the United States and generally to do and execute all and singular the acts, matters and things subject nevertheless to such restrictions as may hereafter be imposed by the Legislature not incompatible with the objects for which this act of the corporation was granted.

Corporation

Sec. 3. And be it further enacted, That the said corportion to be dissol- shall cease and determine and be dissolved at the expiration of the term of twenty years from the passage of this act.

ved at end of 20 years.

Approved, Feb 2, 1839

To incorporate the town of Auburn in the county of macon. Section 1. Be it enacted by the Senate and House of Representatives of Incorporation the State of Alabama in General Assembly convened, That the town of Auburn, in the county of Macon be and the same is hereby incorporated; and that all that tract of land embraced in section thirty, north half of section thirty-one, and south half of section nineteen all in township nineteen and twenty-six be, and the same is hereby declared to be within the limits of the same.

Elect officers.

taken.

Sec. 2. And be it further enacted, That on the first Saturday in March next the citizens in said town may elect five councillors, and one town constable, at some convenient place in said town, and all persons who are householders, or have resided in the same five months previous to said election shall be entitled to vote.

The con

stable before he enters on the duties of his office, shall enter into bond and security, to be approved by the council, and the said counOnth to be cil and constable so elected, shall take an oath well and truly to perform all and singular the duties required of them by this act before any justice of the peace for said county, and shall continue in office one year, and thereafter till their successors are qualified, at the first meeting of the councillors they shall proceed to elect from their own body one intendant, whose duty it shall be to preside at all meetings of the council preserve and keep good order and decorum.

Sec. 3. And be it further enacted, That the first election shall be conducted by John J. Harper, Obadiah Echols and Williamson W. Freeman, or a majority of them, who shall give at least ten days. previous notice at three or more places in said town. All future Frst election. elections shall be held annually on the first Saturday in January in each and every year, to be conducted by such persons as the council may appoint, who shall give notice as provided for in this act.

Sec. 4. And be it further enacted, That the intendant and council are hereby declared to be à body corporate by the name of the town council of Auburn, and by that name they shall be capable of suing and being sued, plead and be impleaded, in all manner of suits, either in law or equity, and to have a common seal, the same to alter at pleasure, and may purchase, have and hold, receive and enjoy Hold property or retain in perpetuity, or for any number of years, estate real or to amount of personal, not exceeding in value ten thousand dollars, and may sell $19,000, or lease the same.

Sec. 5. And be it further enacted, That when any vacancy shall occur by death, resignation or otherwise, of any of the council Vacancies or the constable, such vacancy shall be filled by the remaining part of the council, or a majority of them.

how filled.

Sec. 6. And be it further enacted, That the intendant and council aforesaid shall have power to pass all such orders and by-laws for Pass by-laws. the welfare and good government of said town as shall be necessary for the security of the inhabitants of said town not repugnant to the Appoint Cl'k constitution of this State; and may appoint a clerk and treasurer and and Treasurer define their duties; and to assess a tax on all taxable property in said town, not to exceed twenty-five per cent. on the State tax, which when collected shall be forthwith applied to the improvements of the streets, and for other purposes beneficial to the town under the direction of the council. They shall have power to appoint patrols and define their duties, to affix fines against any person violating their by-laws or ordinances, not exceeding ten dollars for each offence to be recovered before any member of the council, to be. aplied to the use of the town.

Sec. 7. And be it further enacted, That should the intendant and council aforesaid fail to hold the election at the time as prescribed by this act, any three householders of said town may advertise and hold such election, which shall be as binding as though it was held by the managers appointed by the council.

[No. 117.]

Approved Feb. 2, 1839.

To incorporate the town of Stockton in Baldwin County. Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assemby convened, That all that tract of land ́situated on the east side of the Tensaw river in the county of Baldwin which has been laid off in town lots Incorporation by William Kitchen and his associates, shall be known and styled

by the name of the town of Stockton with such powers and privil

eges of incorporation as shall be hereinafter set forth.

be elected,

Sec. 2. And be it further enacted, That on the first Monday in March eighteen hundred and thirty-nine or as soon thereafter as the persons hereinafter mentioned shall designate, notice being given of the same ten days previous, an election by ballot shall be held for five councilors at some convenient place in said town, and that free white persons of the age of twenty one years and upwards who have Councilors to resided therein three months next preceding such election, shall be who shall entitled to vote, and the councillors so elected shall choose from their elect Intend own body an intendant whose duty it shal! be to preside preserve order and decorum at all meetings of the council and the persons so elected shall remain in office for one year and until their successors are qualified and said election shall be annual.

Sec. 3. And be it further enacted, That the first election shall be held and conducted by William Kitchen Ward Tailor, John Gallagher, W. P. Watson and William P. Hubbard, or a majority of them, who shall give ten days notice of the time and place of holding said election and all future elections shall be managed by such

ant.

Officers to

take oath.

Vacancies how filled

Powers con.

ferred on

council

Clerk to be

persons as the council may appoint who shall give the like notice as required by this act, and the intendant and council before entering upon the duties of their office, shall take the following oath to be administered by son.e officer authorised to administer oaths. I do solemnly swear or affirm that I will impartially perform all the duties required of me by the act incorporating the town of Stockton so help me God.

Sec. 4. And be it further enacted, That the council are hereby declared to be a body corporate by the name and style of the town council of Stockton and by that name shall be capable of suing and being sued, pleading and being impleaded in all manner of suits either in law or equity, and if any vacancy shall occur of any of the council such vacancy shall be filled by the remaining part of the council and a majority shall constitute a quorum to do business.

Sec. 5. And be it further enacted, That the council shall have power to pass such by-laws as shall be necessary for the security and welfare of the inhabitants of said town, and for preserving health, peace, order and good government within the same; they shall have power to prevent and remove nuisances, to appoint patrols and define their duties and limits to affix fines for offences, against their bylaws and ordinances not to exceed thirty dollars for each and every offence to be recovered before the intendant or any member of the council for the use and benefit of the said corporation they shall have power to confine any person guilty of a misdemeanor, or who shall refuse to pay any fine that may be assessed against him by the council aforesaid not exceeding twenty-four hours.

Sec. 6. And be it further enacted, That annually and at the same time of holding the election for the council there shall be electConstable & ed a constable and clerk who shall each hold his office for one year, elected. and until their successors are qualified who before entering upon the duties of the office take the oath prescribed in the foregoing section of this act, the fees of which officers shall be fixed and their duties defined by the council. The officers before entering upon their duties, shall enter into bond with security to be approved by the council and payable to said council and their successors in office, in such sum as they may think proper and if any vacancy shall occur the council shall have power to appoint a constable or clerk pro tem who may serve until the next annual election; the council aforesaid shall have no power to make any by-laws or ordinances repugnant to the laws and constitution of this State and all their by-laws shall be subject to repeal or revision by the General Assembly. Approved Feb. 2, 1839.

Incorporation

To incorporate the Selma Rangers.

Section 1. Be it enacted by the Senate and House of Represenatives of the State of Alabama in General Assembly convened, That the Selma Rangers in the county of Dallas be and they are hereby declared to be a body politic and corporate by the name and style of the Selma Rangers and are hereby exempt from working on roads

and streets so long as they continue in the company; Provided, that Proviso. they shall muster at least six times in each year, and be subject to regimental and battalion musters.

Sec. 2. And be it further enacted, That the said Selma Rangers are hereby authorised to adopt and continue their present constitution and by-laws or adopt any other constitution or by-laws for their own government, not contrary to the constitution of this State or the United States, which shall be obligatory on the members of said company until repealed.

Adopt by-laws

consist of not

100.

Sec. 3. And be it further enacted, That said company shall consist of not less than thirty nor more than one hundred members and Company to shall not be under any other power of patrol, but such persons as may less than 30 be appointed captain of patrol by the company officers of said com- nor more than pany under such regulations as they may adopt in their by-laws; Provided, That such regulations do not conflict with the patrol laws of this State: Provided, That the members of said company shall perform patrol duty as often as any other citizens are required; And Provided further, That this charter shall only continue for ten years. Approved, Feb. 2, 1839.

[No. 119]

AN ACT

To incorporate the town of Dudleyville. Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That tract of land that is laid off into town lots, or that may hereafter be laid off into town lots in the town of Dudleyville, in the county of Tallapoosa shail be, and is hereby incorporated.

Incorporation

elect intend

Sec. 2. And be it further enacted, That on the third Monday of February next, or as soon thereafter as the persons herein named may designate, notice being given of the same ten days previous, an Elect councilelection shall be held by ballot for five councillors at some conven- lors, who shall ient place in said town, and that free white persons of the age of twen- ant. ty-one years and upwards, who have resided therein two months next preceding such election shall be entitled to vote; and the concillors so elected shall choose from their own body an intendant whose duty it shall be to preside and keep order at all meetings of the council; and the persons so elected shall remain in office for one year, and until their successors are qualified, and said election shall be annual.

Sec. 3. And be it further enacted, That the first election shall be held and conducted by John W. Butler, John Hambrick, F. C. First election Daily and P. Dudley, or a majority of them, who shall give ten days notice of the time and place of holding said election and all future elections shall be managed by such persons as the council shall appoint, who shall give the like notice as required by this act; and the intendant and council shall before entering upon the duties of their office, take the following oath, to be administered by any authorised person: I do solemnly swear, (or affirm) that I will impartially perform all duties take oath. incumbent on me under the act incorporating the town of Dudleyville, so help me God.

Sec. 4. And be it further enacted, That the council are hereby declared to be a body corporate, by the name of the town council of I

Officers council to

Vacancies how filled.

Pass by-laws.

Clerk to be

elected.

Dudleyville, and by that name shall be capable of suing and being sued, pleading and being impleaded, in all manner of suits either in law or equity, and if any vacancy shall at any time occur in the council, such vacancy shall be filled by the remainder of the board, and a majority shall be a quorum to do business.

Sec. 5. And be it further enacted, That the council shall have power to pass such by-laws as shall be necessary to the welfare of the citizens of said town and for preserving health, peace, order and good government within the same; they shall have power to prevent and remove nuisances, to appoint patrols and define their duties, to affix fines for offences against their by-laws and ordinances, not to exceed five dollars for each and every offence to be recovered before any justice of the peace of the county for the use of the town; they shall have power to imprison any person not to exceed one hour, who shall fail to pay any fine assessed against them as aforesaid.

Sec. 6. And be it further enacted, That annually at the same time of holding the election for the council, there shall be elected a Constable & constable and clerk, who shall each hold his office for one year, and until their successors are qualified, who shall also take the same oath required to be taken by the councilmen. The fees of said officers shall be fixed, and their duties regulated by the council; and said officers before entering upon the duties of their offices, shall enter into Clk & consta- such bond with security as shall be approved by the council payable. ble to give to said council and their successors in office, in such sum as they may deem proper; and in case of any vacancy the board may appoint a constable or clerk pro tempore, who shall serve until the next election.

bond.

Sec. 7. And be it further enacted, That all acts of the said council are to be in conformity with the constitution of the United States and of this State, and the laws of the same.

Approved, Feb. 2, 1839.

この བསས

May have a lien on cles made or repaired.

Section 1. Be it enacted by the Senate and House of Representatives of arti- the State of Alabama in General Assembly convened, That all mechanics in the city of Mobile shall have a lien on all articles made or repaired by them in the shop until paid for making such article.

Sec. 2. And be it further enacted, That if any article made or repaired shall remain for the space of five days after it has been made or repaired unpaid for, it shall be lawful for the mechanic who has performed the work to apply to any public auctioneer and have the Sell work not article so made or repaired sold, on giving ten days notice of the time and place of sale selling, for the amount of the lien.

paid for.

Sec. 3. And be it further enacted, That it shall be the duty of the auctioneer selling any article under the provisions of the foregoing section to pay over to the mechanic for whose benefit such sale has been made, the amount of the lien on the article sold and after deducting all charges, pay the excess to the person, to whose order the work had been performed.. Approved, Feb. 2, 1839.