have attained the age of twenty-one years, shall be deemed, and held a qualified voter in said election. Approved, Jan. 7, 1839.

[No. 14]

AN ACT

To repeal in part An Act entitled An Act to increase the pay of Jurors in certain Counties therein named.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That so much of the second section of an Act, entitled an Act, to Repeal. increase the pay of Jurors in certain counties therein named, approved, 21st December, 1837, as relates to the counties of Fayette and Marion, be, and the same is hereby repealed.

Approved, Jan. 7, 1839.

To declare Wright's Creek in the county of Covington, a public high way, and for other

purposes therein named.

ed a public

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, Wright's That from and after the passage of this act, so much or all of that creek declarsection of Wright's Creek extending from Levi and Ruel Towns' highway. mil, to where said creek intersects with the Conecuh river, is hereby declared to be a public highway, for the purpose of rafting lumber: Provided, that nothing in the provisions of this act shall prevent any person or persons from erecting a mill or mills on said creek be- Proviso. low the said Levi and Ruel Towns' mill, by complying with the laws now in force, in relation to the erecting of mills.

Approved, Jan. 7, 1839.

To authorise the Election of an Assessor and Tax Collector for the counties therein named.

to be elected.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That it shall be the duty of the sheriffs of Madison, Dalias, Jackson, Randolph, Barbour, Franklin, Macon, St. Clair, Sumter, Mon. Tax Collector roe, Lowndes, Morgan, Perry, Clarke, Coosa, and Talladega counties. to advertise and cause to be elected, by the qualified electors of said counties, at each annual election hereafter to be holden for said counties of Madison, Dallas, Jackson, Randolph, Barbour, Franklin, St. Clair, Sumter, Monroe, Lowndes, Morgan, Perry, Clarke, Coosa and Talladega, an Assessor and Tax Collector, whose duty it shall be, To give bond after giving bond with approved security, to the Judge of the Coun- with approv'd ty Courts of said counties of Madison, Dallas, Jackson, Randolph, security. Barbour, Franklin, St. Clair, Sumter, Macon, Lowndes, Morgan, Perry. Clarke, Coosa and Talladega, and his successors in office, in such sums as the Judge may require, not exceeding double the amount of the tax to be raised in any one year, conditioned for the faithful discharge of his duty, and being duly qualified to assess and collect the taxes for the counties aforesaid, in the same manner and for the same compensation now pointed out and allowed by law, to the sheriffs for such services.

Sec. 2 And be it further enacted, That all laws authorising or requiring the sheriffs of said counties to assess and collect any tax Repeal

Five Council

lected annually.

that may fall due after the first day of January, one thousand eight hundred and forty, be, and the same are hereby repealed.

Approved, Jan. 10, 1839.

To revive and amend an act, entitled an act to incorparate the lower part of the town of Tuscaloosa, on the south fraction of section twenty-one, of township twenty-one, in range ten, west of the Meredian of Huntsville, passed December 20, 1820. Section 1. Be it enacted by the Senate and House of Represenlors to be e- latives of the State of Alabama in General Assembly convened, That the above recited act, incorporating the lower part of the town of Tuscaloosa, be, and the same is hereby so amended, that there shall be annually elected, on the same day and in the same manner, as now prescribed, five Councillors instead of seven, who shall be clothed with the same powers as now provided for by said act, for the Government of said town. Approved, Jan. 10, 1839.

for assault &

[No. 18.]

AN ACT

For the better protection of slaves 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 hereafter, if Punishment any person shall, without just cause, to be judged of by the jury try battery on being the offence, commit an assault or assault and battery on the body dy of slaves. of a slave, such person not being legally appointed patrol, or not being the owner, or overseer or other agent, of the owner of such slave, he shall be liable to indictment, for said offence and on conviction thereof,shall suffer the same kind of punishment as if the offence had been committed on the body of a free white person.

dowee.

Approved, Jan. 10, 1839.

To Incorporate the town of Wedowee..

Section 1. Be it enacted by the Senate and House of RepresenTown of We-tatives of the State of Alabama in General Assembly convened, That all that tract of land purchased by the Commissioners' Court of Roads and Revenue, to locate the seat of justice of Randolph county, shall be called and known as the town of Wedowce.

ers to hold an election.

Sec. 2. And be it further enacted, That on the first Monday in Commission- March next, or so soon thereafter as the commissioners hereinafter named, may think proper, there shall be held an election, by ballot, for five Councillors, ten days notice of said election having been given by advertising at the Court House door, and all free white persons, being residents of said town, over twenty-one years of age, and like persons holding town lots in said town, shall vote for five Councillors, who shall, when elected, have power to appoint an Intendant, whose duty i shall be to preside over their sessions and preserve order, and the persons so elected, shall continue in office until their successors are qualified, and appoint persons to hold an election on the first Monday in March in every year.

Councillors to be qualified.

Sec. 3. And be it further enacted, That the first election shall Intendant and be held by Isaac Baker, William Joiner, Jeremiah W. Stations, Davis E. Grisham and Asa Keen or any three of thein, and the Intendant and Councillors, shall take and subscribe the following oath, do solemnly swear or affirm, [as the case may be,] that I

I,

will faithfully perform all the duties required of me, by this act, so help me God.

Sec. 4. And be it further enacted, That the Council shall have power to pass all such orders and by-laws respecting their streets and markets as shall be necessary for their safety; Provided, no assessment of tax shall exceed fifty per cent on the last assessment of State tax, or pass any laws repugnant to the constitution of this State, or the United States: And provided further, that no fines shall exeeeed five dollars.

point Clerk & Constable.

Sec. 5. And be it further enacted. That the said Intendant and Power to ap council shall have power to appoint their own clerk and constable. Approved, Jan. 10, 1839

[No. 20.]

To Incorporate the Liekaa Academy. Section 1. Be it enacted by the Senate and House of Represen⚫tatives of the State of Alabama in General Assembly convened, That an Academy, be, and that the same is hereby established and incorporated in the county of Chambers, to be called Liekaa Academy, and that George Reese, O. D. Whitaker, George Croft, Jesse Stanly and Henry Chappell, and their successors in office, be, and they are hereby declared to be a body corporate, by the style and name of the Trustees of Leikaa Academy; and as such, shall be capable and liable in law and in equity to sue and be sued, plead and be impleaded, and shall be authorised to make such by-laws and regulations as shall be necessary for the government of said Academy: Provided, that such by-laws are not repugnant to the constitution and laws of this State and of the United States, and may have and use a common seal, appoint such officers as they may think proper, aud remove the same from office, for improper conduct or neglect of duty.

Incorporation

Sec. 2. And be it further enacted, That the said body corporate be privileged to accept of, and be invested with all manner of prop-To hold property; either real, personal or mixed, which may have been made or erty. granted to said institution, or which may hereafter be made or gran

ted to them or their successors in office, to have and to hold the same

for the proper use, benefit and behoof of said Academy: Provided, Proviso. however, that the value of the real estate owned by the said body corporate, shall not exceed twenty thousand dollars."

how filled.

Sec. 3. And be it further enacted, That when any vacancy may occur by death, resignation or otherwise of any of the trustees of Vacancies, said Academy, the residue of said trustees shall fill the same in such manner as shall be pointed out by the by-laws and regulations of said corporation, and that a majority of said board of trustees shall be competent to transact all business pertaining to said corporation, and their acts shall be as valid and binding as if the whole board were present. Approved, Jan. 17, 1839.

To reduce the number of Directors of the State Bank and the several Branches.

to be elected

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, Six Directors That from and after the passage of this act, there shall be elected as for State bank heretofore, six Directors only for the State Bank, and the same num- and each br.. ber for the branch at Montgomery, Decatur, Huntsville and Mobile,

bank.

President and

who shall be subject to, and be governed by any laws which the General Assembly may at any time pass in relation to said Bank and branch Banks, at the present or any future session.

Sec. 2. And be it further enacted, That hereafter, it shall not be lawful for the President of the Bank of the State of Alabama, or Directors of the Presidents of any of the branches thereof, or of any of the DirecState bank & tors of either of said Banks, to become liable or indebted, directly or to become lia- indirectly to said Bank or any of the branches, or to obtain any acble or indebt-commodation or discount therefrom, in his own name, or in the bank or bran- name of any other person or copartnership, in any way or manner ches in any whatsoever.

branches not

ed to State

manner.

take and sub.

Sec. 3. And be it further enacted, That the President of the President and bank of the State of Alabama, and the Presidents of the several branchDirectors to es, and the Directors, to be elected under the provisions of the first scribe an oath section of this act, before they enter upon the discharge of their dubefore enter-ties, shall severally take and subscribe on oath, which shall be filed ing on the discharge of with the Clerk of the Circuit Court of the county in which said their duties. Banks are respectively situated, that they will not, during the time. for which they are elected, become indebted to the Bank of the State of Alabama, or any of the branches thereof, either directly or indirectly, in any sum, or sums of money, either as drawer, endorser, acceptor, payor, discounter, principal or security, or in any other manner whatsoever, and that they will not vote for, or support the discount of any paper offered in Bank, where they may expect to receive any portion of the proceeds in payment of any debt, or demand that may be due them at the time, or that may thereafter become due them, and that they will in no manner, act as agents for those applying for accommodations.

ver.

Sec. 4. And be it further enacted, That all laws and parts of laws contravening the provisions of this act, shall be, and the same are hereby repealed. Approved, Jan. 17, 1839.

To amend an act, passed 23d December, 1837, declaring Sipsey river a public highway. Mill dams, Section 1. Be it enacted by the Senate and House of Represenbridges, &c. tatives of the State of Alabama in General Assembly convened, may be built, on Sipsey ri. That from and after the passage of this act, that any person or persons may have the privilege of building mill-dams, bridges or fishtraps in said river, without being liable to the penalty of said act: Provided, that if said river should be made navigable for boats or water crafts, then it shall be the duty of any person or persons who may have erected any obstruction in said river, to remove the same, or so construct them, as not to obstruct the navigation of said river, or be liable to the penalty of the act, declaring Sipsey river, a public highway. Approved, Jan. 17, 1839.

Proviso.

Corporate lim its defined.

[No. 23.]

AN ACT

To define the limits of the town of Somerville, in the county of Morgan, and to incorporate the same.

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 corporat e limits o

the town of Somerville, shall not extend beyond the following boundaries, to wit: commencing at the north-west corner of lot number one hundred and sixty-four, thence south to the south-west corner of lot number one hundred and sixty-eight, 'thence west to the southeast corner of lot number one hundred and forty-nine, thence north to the north-east corner of lot number one hundred and sixty-three, thence east to the beginning.

lected.

Election.

councillors,

Sec. 2. And be it further enacted, That an election shall be held at some convenient place in said town of Somerville, on the first monday in March next, andon the same day in every succeed- Five counesting year, to commence at twelve o'clock, noon, and close at three lors to be e o'clock in the evening, for the purpose of electing five Councillors, (inhabitants of said town,) who shall serve for the term of one year, and until their successors are duly elected and qualified, which election shall be held by some Justice of the Peace, and any two free- when holden. holders of said town, and all subsequent elections shall be held and conducted by the Intendant and any one Councillor, or in the absence of the Intendant, by any two Councillors, to be appointed by the board for that purpose; and the said Councillors shall, within five days after said election in each and every year, meet and hold Intendant to an election for an Intendant, who shall be elected from their own be elected by body, by a majority of said Councillors, whose duty it shall be to preside at all meetings of the Councillors, and preserve order and Duties of Indecorum, and in his absence or incapacity, any Councillor may be tendant. called to the chair; and the said Intendant and Councillors shall be, and they are hereby declared and constituted a body politic and corporate, by the name and style of "The Intendant and Council of the town of Somerville," and by that name they and their successors in office, shall be capable in law, of suing and being sued, of pleading Name & style and being impleaded, in all manner of suits, either in law or equity; and they shall have full power and authority to keep a common seal, and the same to break, alter and amend at pleasure, and in general to do and perform all acts which are usually incident to bodies corporate, to purchase, hold, use or dispose of, for the benefit of said town, real, personal or mixed property, to the amount of five thousand dollars.

Corporate

powers.

o have pow

dinances.

Sec. 3. And be it further enacted, That the said corporation shall have power to pass by-laws and ordinances necessary to carry Corporation into effect the general powers granted by this act, and also such as er to pass bymay be necessary to preserve the health of said town, to prevent and laws and or remove nuisances, to suppress gaming of every description, to establish night-watches and patrols, to establish, alter and ascertain new streets and alleys, with the consent of the proprietor of lots or houses adjoining such streets and alleys, to provide for licensing, taxing, regulating and restraining theatrical amusements and shows or exhibitions of every description, in said town; to clear and keep in repair the streets and alleys of said town, to have a general control and superintendence over the springs and wells of said town, to es tablish necessary inspections, to erect and regulate markets. And the said corporation shall have full power and authority to alter, amend, repeal or revoke, at pleasure, all by-laws, and to put in execution all by-laws that may be in force. The said corporation shall