[No. 121.] AN ACT To Incorporate the town of Prairie Bluff, in the county of Wilcox. Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the town of Prairie Bluff, in the county of Wilcox, be, and the same is hereby incorporated, and the limits of said incorporation shall Incorporation be as follows: commencing at a point on the northern part of a lot on the Alabama river, in the place of the town of Richmond, known and designated as the public landing, thence down the Alabama river three fourths of a mile, thence due west one fourth of a mile, thence due north three fourths of a mile, thence eastwardly to the place of beginning. Sec. 2. And be it further enacted, That on the first Monday in March next, and annually thereafter, between the hours of ten o'clock Elect councilin the forenoon, and three o'clock in the afternoon, an election by lors. ballot shall be held for five Councillors, at some convenient public place in said town, and that all free white male persons of the age of twenty-one years and upwards, who shall be land-holders or householders within the same, or shall have résided therein three months, next preceding such election, shall be entitled to vote for said Councillors, and when the election shall be closed, the managers thereof shall proclaim the result, and give notice to the persons elected, who shall on the following day, at the hour of eleven o'clock, in the forenoon, meet at a place where said election was held, and there proceed to elect by ballot from their own body, an Intendant, whose duty it shall be to preside and preserve order at all meetings of the Council, and the persons so elected shall continue in office until their successors are duly qualified. Sec. 3. And be it further enacted, That the first election shall be held and conducted by Samuel Barrow, Thomas E. Ellis, Samuel First election Pitts and Joseph S. Ryan, and James H. Wilson, or any three of by whom conthem, who shall give ten days previous notice of the time and place ducted. of holding said election by advertising in three or more public places in said town, and all future elections shall be managed by such persons not exceeding three in number, as the Intendant and Council shall annually appoint who shall give the like notice of the time and place of holding the same; and the Intendant and Council respectively, shall before entering on the duties of his or their office, take the following oath before some Justice of the Peace of Wilcox county, (to wit:) I do solemnly swear that I will equally and impartially perform all the duties required of me by the act incorporating the town take oath. of Prairie Bluff, so help me God. Officers to Sec. 4. And be it further enacted, That the Intendant and Council are hereby declared to be a body corporate, by the name of the Town Council of Prairie Bluff, and by that name they and their successors shall be capable of suing and being sued, pleading and being impleaded in all manner of suits, either in law or equity, to have a Use a seal common seal, and the same to alter at pleasure, and may purchase, have, hold, possess, receive, enjoy, and retain in perpetuity, or for any term of years, any estate, real or personal, not exceeding in value ten thousand dollars, and may sell or lease the same. how filled Sec. 5. And be it further enacted, That if the Intendant die, reVacancies sign, be removed from office, or absent, the Council shall fill such vacancy by an appointment (pro tempore) or otherwise; and vacancies in the Council shall be filled by the Intendant and remaining Councillors, a majority of whom shall be a quorum to transact business. Make by-laws Levy tax. Sec. 6. And be it further enacted, That the Council shall have powers to pass all such orders, by-laws and ordinances, respecting the streets, markets, buildings, pleasure carriages, wagons, carts, drays and police of said town, that shall be necessary for the security and welfare of the inhabitants thereof, and for preserving health, peace, order and good government within the same, and to assess a tax on the inhabitants thereof, not exceeding one half of the amount of the county tax, which is paid for property of the same kind, they shall have power to prevent and remove nuisances, to appoint patrols and define their duties, to affix fines for offences against their bylaws and ordinances, not exceeding fifty dollars for every offence, to be recovered before the Intendant, or any member of the Council, for the use and benefit of the town, to assess a tax on licences to retailers of spiritous and other liquors, and billiard tables kept for use in said town, not exceeding on the former, the sum of dollars, and on the latter, the sum of fifty dollars in any one year; they shall have Appoint Clk. power to appoint a Clerk and Treasurer, and a Constable, for said Treasurer & town, to affix the salaries and fees of such officers respectively, and define their duties, to confine any person or persons, for a time not exceeding two hours, who shall incur any penalty or forfeiture inflicted by any of the ordinances of said corporation, past conformably to the powers vested in them by this act. Constable. Seminaries & Sec. 7. And be it further enacted, That hereafter all persons living within said town of Prairie Bluff, shall be exempt from working on roads without the limits of said corporation. Sec. 8. And be it further enacted, That the Intendant of the said town of Prairie Bluff, shall be vested with all the powers and authorities that Justices of the Peace are vested with, by the laws of this State, and shall and may exercise the same, within the limits of said town. Sec. 9. And be it further enacted, That the Intendant and Council shall have no power to assess a tax on property belonging to any Churches ex- seminary of learning, church or religious society, or to make any byempt from laws or ordinances, repugnant to the laws of this State, and this act and all the by-laws and ordinances shall be subject to revision or repeal by the general assembly. tayation. Sec. 10. And be it further enacted, That if the Intendant or any member of the Council shall be guilty of any wilful neglect of Penalty for duty or malpractice in office, he shall forfeit and pay a sum not exneglect of duty by officers ceeding two hundred dollars for every such wilful neglect or mal. practice to be recovered by any person suing for the same in any court having cognizance thereof, and payed into the Treasury of the county in which said town shall be. of council. Sec. 11. And be it further enacted, That if any election shall not be held according to this act, the Intendant and Council for the time being, shall order an election to be held within twenty days thereafter, and the Councillors thus elected shall continue in office until the next annual election. Sec. 12. And be it further enacted, That the Constable authorized to be appointed by the sixth section of this act shall be required to give bond with sufficient security, to be approved by the Intendant Constable to of said town, in the sum of one thousand dollars, conditioned for the give bond. faithful performance of his duty, which bond shall be filed in office of the Clerk of the County Court of Wilcox county, and shall be renewed annually, and said Constable is hereby authorized and empowered to do and perform all acts incident to the office of Constable, under the same restrictions as now provided for by the laws of this State. Approved, Feb. 2, 1839. To incorporate the Red Ridge Academy, in the county of Tallapoosa. Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, Incorporation That Franklin Rutherford, John Petilior, Thomas McClurnett, William Cox, Martin Luker, Elijah Jordan and Robert Sanders 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 Red Ridge Academy, and that the said corporation by their style aforesaid, shall have perpetual succession in office, and that they may have and use Use a seal a common seal, and alter or amend the same as often as they may deem necessary or expedient. Trustees May hold pro Sec. 2. And be it further enacted, That the said corporation shall be able and capable in law, to purchase, have, hold, possess, enjoy and retain to itself in perpetuity, or for any term of years, any estate, real or personal, of what kind or nature soever, and to sell, alien or dispose of the same as they may think proper, and by its perty. name above mentioned, to sue and be sued, plead and be impleaded, and be answered unto in any court of law or equity in this State, and to make such rules and regulations not repugnant to the constitution and laws of this State, and of the United States, as they may deem expedient. Sec. 3. And be it further enacted, That said trustees shall have power to fill all vacancies, either by death, resignation or otherwise, that may occur in said institution. Approved, Feb. 2, 1839. To require the Secretary of State to procure and distribute to the new counties of this Fill vacancies to Section 1. Be it enacted by the Senate and House of Represen- Sec'y of State tatives of the State of Alabama in General Assembly convened, to distribute weights and That as soon as practicable, after the passage of this act, it shall be measures the duty of the Secretary of State to procure at the expense of the new counties. State, one set of Weights and Measures of the best materials, for each county in the Creek and Cherokee Territory, and any other county or counties, which may not have been supplied in conformity to the act passed for that purpose. Incorporation Sec. 2. And be it further enacted, That the said weights and measures shall be in conformity to the law on weights and measures now in force, approved January the twelfth, eighteen hundred and twenty-eight, and the Secretary of State shail cause one set of said weights and measures to be distributed to each of the aforesaid counties, and delivered to the Clerks of the County Courts of said counties, as soon after the procuring of the same as practicable. Approved, Feb. 2, 1839. To Incorporate the Tuscaloosȧ Guards. Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the Tuscaloosa Guards, in the county of Tuscaloosa, be, and they are hereby incorporated into an independent company. Sec. 2. And be it further enacted, That the members of said Adopt rules. company are hereby authorized to form such regulations for the government of said company, as they may deem expedient and proper, (the same not being repugnant to the laws of this State, or of the United States) which shall be obligatory on the members of said Company to less than 40 company. Sec. 3. And be it further enacted, That all monies collected by any officer, according to the regulations of said company, as fines or contributions on, or from the members thereof, shall exclusively belong to, and be kept in such manner as may be provided in the regulations of said company. Sec. 4. And be it further enacted, That such company shall conconsist of not sist of not less than forty, nor more than one hundred members, and nor more than the officers of said company shall be, one Captain, three Lieutenants, 100 members. four Sergeants and four Corporals. Sec. 5. And be it further enacted, That the said company shall Exempt from be subject to the orders of the commander in chief only, and are heremilitia duty by exempt from the operations of the militia laws, and from the du ties of the militia of this State: Provided, That nothing herein shall be construed to exempt them from patrol duty: And provided further, The said company shall drill at least six times in each year, and be at all times equipped and prepared for actual service. Approved, Feb 2, 1839. The more effectual to prohibit free negroes and persons of color from entering into and remaining in this State. Section 1. Be it enacted by the Senate and House of Representatives of Unlawful for the State of Alabama in General Assembly convened, That from and free negroes after the passage of this act, it shall not be lawful for any free negro State or person of color to come into this State on board of any vessel as a to enter this cook, steward, mariner, or in any other employment on board of such vessel, and in case any vessel shall arrive in any port or harbor of this State, from any other State or foreign port, having on board any free negro or person of color employed on board such vessel as a cook, steward, mariner, or in any other employment, it shall be the duty of the harbor master of the port or harbor, when such ves Sheriff to ap sel may have arrived, forthwith to notify the sheriff of the county, in which such port or harbor is situated, of the arrival of such vessel, free negro or person of color, and it shall be the duty of the sheriff of the county in which such port or harbor is situated, immediately on receiving notice from the harbor master of the arrival of such vessel or vessels to apprehend such free negro or person of color so arriv- prehend them ing contrary to this act, and to confine him or them closely in jail until such vessel shall be hauled off from the wharf, and be ready to proceed to sea, and when said vessel is ready to sail, the captain or other commander of the said vessel, shall be bound to carry away the said free negro or person of color and pay the expenses of his or their arrest and detention, and in case such captain, shall refuse or neglect to pay the said expenses and carry away the said free negro Captains of or person of color, he shall be liable to indictment, and on convic- Vessels. tion, be fined not exceeding one thousand dollars and imprisoned not exceeding six months, one or both at the discretion of the jury trying the offence. Liability of Justice when Sec. 2. And be it further enacted, That whenever any free Duties of the negro or person of color, shall be apprehended and committed to jail, sheriff and as having arrived in any vessel as a cook, steward, mariner, or other-Patice of th wise, contrary to this act, it shall be the duty of the sheriff during the free negro ar confinement in jail, of such free negro or person of color to call upon sel is appreriving on vessome justice of the peace, to warn such free negro or person of color hended never to enter this State after he or she, shall have departed therefrom and such justice of the peace shall at the time of warning said Names to be free negro or person of color insert his or her name in a book, to be recorded provided by the sheriff for that purpose; and shall also therein specify his or her age, complexion, occupation, height and distinguishing marks, which entry shall be good and sufficient evidence of such warning, and every free negro, or person of color who shall not de part the State, in case of the captain refusing or neglecting to carry Penalty for him or her away, or having departed shall ever again enter into the returning. limits of this State, by land or water, after being warned as aforesaid, shall be liable on conviction before any justice of the peace, to receive for the first offence or violation of the provisions of this act, thirtynine lashes on his or her bare back; and if any such free negro or person of color, shall not depart this State, within twenty days after the infliction of the punishment last mentioned, he or she shall be liable to arrest by any person and taken before a justice of the peace for trial, and on conviction by such justice shall be ordered to be sold as a slave for any term, not exceeding one year for ready money, ten days notice being given of the time of sale, which sale shall be made by the sheriff of the county, when such free negro or person of color may have been apprehended, one half of the money arising from such sale, after paying all expenses attending such apprehension conviction and sale, shall be paid by the sheriff to the informer and the other half to the treasurer of the proper county, for county purposes. Sec. 3. And be it further enacted, That it shall be the duty of the sheriff apprehending any free negro or person of color, under the pro |