Gambar halaman
PDF
ePub
[ocr errors]

visions of this act, to demand of the captain of such vessel or other person bringing such free negro or person of color into this State a bond, with good and sufficient security, in the sum of two thousand dollars, payable to the Judge of the county court, and his successors Captain of vessel not to in office, conditioned that he will not depart this State without takleave free ne- ing with him, such free negro or person of color, and paying all the groes having arrived on his expenses of apprehending, warning and confinement and all prosecutions under this act, may be maintained without limitation of time, and all penalties or forfeitures imposed thereby may be recovered in any court of record in this State, and the amount collected shall be paid by the sheriff collecting the same to the county treasurer for county purposes.

ship.

Officers' fees.

Sec. 4. And be it further enacted, That the fees to be allowed and paid for the services required by this act, shall be to the harbor master two dollars, for giving notice of the arrest of each and every free negro or person of color, to the sheriff three dollars for apprehending and committing, and fifty cents per day while in confinement, with the same fees for selling that are allowed by law in other cases; and to the justice of the peace for the duties required of him by this act two dollars, and to the solicitor, for each and every recovery under this act, the sum of twenty dollars.

Sec. 5. And be it further enacted, That it shall be the duty of the sheriff of the several counties in this State, to apprehend any Duty of the Sherif's of the free negro or person of color who may come into his county, contraties in oury to the provisions of this act, and cause said free negro or person of color to he dealt with as is herein provided.

several coun.

State.

Sec. 6. And be it further enacted, That it shall be lawful for any person to seize and make a slave for life to his own use any free Free negroes person of color who may have come into the State of Alabama, since the first day of February, one thousand eight hundred and thirty-two: Provided, this section shall not take effect until the first day of August next,

may be made slave.

Com'rs. appointed.

Sec. 7. And be it further enacted, That it shall and may be Jawful for any person to seize upon and make a slave for life, any free person of color who may be found in the State of Alabama after the passage of this act, and who shall have come into the State since its passage. Approved, Feb. 2, 1839.

[No. 126.]

མབཔ་ས

AN ACT

To establish a certain road therein designated. Section 1. Be it enacted by the Senate and House of Represenatives of the State of Alabama in General Assembly convened, That James M. Nabors, Richard Wood, Robert Galaway, James Mahan, Allen Rolly, Robert J. Collier, Armstead Oakley and Wiley Thompson, or a majority of them be and they are hereby appointed commissioners to review, and mark out a road, beginning at, or near Wiley Thompson's, on the road leading from Montevallo to Selma, and running from said Thompson's the best and most direct route, so as to intersect the road leading from Montevallo to Selma, about one mile south of Montevallo in Shelby county.

R & Revenue

Sec. 2. And be it further enacted, That when the aforesaid commissioners shall have performed the duties assigned them by the foregoing section of this act they shall be required to report to the court of commissioners of roads and revenue of the county of Shelby Com'rs, to reand the county of Bibb, designating the points and distance which port to comthe said road may run into each of said counties, and it shall be the missioners of duty of the said court of each of said counties, to cause the aforesaid road to be opened and kept in repair in the manner prescribed by law: Provided, the commissioners aforesaid, shall not receive campensation out of the State Treasury: and Provided, the injury which may be sustained by individuals shall be paid out of the county Treasury of the county in which the land may be which may be so injured. Approved, Feb. 2, 1839.

[blocks in formation]

To amend the patrol law.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the owners of slaves over the age of forty-five years shall not be liable, or required to perform the duties of leaders or captains of a patrol squad, or company; any law to the contrary notwithstanding. Approved, Feb. 2, 1839.

[blocks in formation]

To incorporate the town of Marshall in the county of marshall. Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened,

Proviso,

That the town of Marshall, in Marshall county, be and the same is Incorporation. hereby incorporated, including all agreeably to the plan of said town hereafter to be made.

Sec. 2. And be it further enacted, That an election shall be held at some convenient place in said town, on the second Monday in

March next, and annually thereafter, the polls to be opened at eleven Elect councilo'clock, in the morning, and close at two o'clock in the evening, for lurs, &c, the purpose of electing by ballot five councillors, inhabitants of said town, who shall serve for the term of one year, after they shall have been elected. The first election shall be held by a Justice of the Peace and two householders, citizens of said town; and all subsequent elections shall be managed by two of the councillors to be appointed by the board for that purpose; and the said councillors shall on the next day after each election in each year, meet and elect by a majority of votes from their own body, an Intendant, whose duty it shall be to preside and keep order at all meetings of said councillors, and in his absence, any other member may be called to the chair, and the said Intendant and councillors shall be and they are hereby constituted a body, corporate by the name and style of the Intendant and council of the town of Marshall, and by that name they, and their successors, shall be capable in law of suing and being sued, pleading and being impleaded, in all manner of suits, either in law or equity; also to have and keep a common seal, and the same to alter or amend at pleasure, and, in general to do acts which are incident to bodies corporate, and to purchase, hold or dis

Hold property pose of for the benefit of said said town, real, personal or mixed property to the amount of seventy-five thousand dollars.

$75,000

Make by-laws

Sec. 3. And be it further enacted, That the said corporation shall have power to pass by-laws and ordinances, necessary to preserve the health of said town, to prevent and remove nuisances; to establish patrols, to clear and keep in repair the streets and alleys, to have a general control and superintendence over springs and wells of said town, to erect and regulate markets in general, to pass such by laws, not contrary to the constitution of this State, and the laws there-of, as the said corporation from time to time shall deem expedient to carry into effect the meaning and intent of this act; and the same to put in execution, to revoke and alter as the said corporation shall deem necessary, and the said corporation shall have power to appoint a treasurer, assessor, collector and constable, and such other suborcollector aud dinate officers as they may think proper, and by ordinance to require such security from the several officers so appointed; to annex such fees to the several offices as they may deem necessary; and to impose a fine for mispeasance, malpeasance or nonpeasance in office at their discretion, not exceeding fifty dollars. They are hereby also, empowered to ordain such penalty, or penalties, not exceeding twen. ty dollars, for a breach or breaches of their by-laws as they may deem proper; and all fines by them imposed shall be sued for in the name of the corporation, before any justice of the peace of said county, or Intendant or councillors of said town.

Elect treasu. rer, assessor,

constable

Levy tax.

Vacancies how filled.

record book

Sec. 4. And be it further enacted, That the said Intendant and council are hereby authorised annually to levy and cause to be assessed and collected a tax not exceeding one per centum on the value of all the real property in said town, to be assessed by the assessor, according to such regulations as they may deem necessary. They shall also have power to levy and cause to be assessed and collected a poll tax not exceeding two dollars on each white male inhabitant in said town above the age of twenty-one years, who shall have resided in said town three months immediately preceding the time of levying said tax; also, on retailers of spiritous liquors, goods, wares, and merchandize or either of them, not exceeding thirty dollars per annum, and also on all owners of slaves not exceeding one dollar for each slave. Sec. 5. And be it further enacted, That when any vacancy shall occur in the board of councillors, such vacancy shall be filled by the board, and the member or members so appointed, shall continue in office until the next annual election.

Sec. 6. And be it further enacted, That should the election not he held on the day herein fixed for the annual election, the incumbents shall remain in office until their successors shall be elected and qualified; and it shall be the duty of the board to fix some other day within one month thereafter, on which day two of the councillors shall attend and hold said election.

Sec. 7. And be it further enacted, That the said Intendant and Clk to keep council shall appoint a clerk whose duty it shall be to keep a fair record of their proceedings, and to publish the same, and all laws and ordinances at three public places in said town.

[blocks in formation]

take oath.

Sec. 8. And be it further enacted, That the Intendant and coun- Intendant & cillors first appointed and their successors shall before they enter up-council to on the duties of their office, take an oath before some person qualified to administer the same, that they will faithfully discharge the duties to them committed, without favor, partiality, or prejudice.

Sec. 9. And be it further enacted, That all white male persons above the age of twenty-one years, who shall have resided within the limits of said town, three months, immediately preceding an election for councillors, and free holders therein, shall be deemed qualified electors at such election. Approved, Feb. 2, 1839.

No. 129]

AN ACT

To provide for the formation of an additional Brigade. Section. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the counties of Russel, Macon and Tallapoosa, shall constitute an form the twenty-first brigade of the militia of this State, and shall be attached to the fifth militia division.

Sec. 2. And be it further enacted, That it shall be the duty of the Governor immediately after the passage of this act to order an election for brigadier general of said brigade, which shall be conducted in the same manner as is now provided by law.

[blocks in formation]

Approved, Feb. 2, 1839.

held.

To provide for holding the Fall Terms of the Circuit Courts of the First Circuit. Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the fall terms of the circuit courts, of the first circuit shall hereafter be holden at the times and for the period hereinafter directed, to wit: in the Courts, when county of Conecuh, on the third Monday in September, to be holden one week; in the county of Monroe, on the first after the third Mondays in September, to be holden for two weeks; in the county of Clarke, on the third after the third Monday in Septemher, to be holden for one week; in the county of Washington on the fourth after the third Mondays in September, to be holden for one week; in the county of Baldwin, on the fifth after the third Monday in September, to be holden for one week; in the county of Mobile, on the sixth after the third Monday in September, to be holden until the business is disposed of: Provided, that if the business of any such courts is sooner disposed of than in the time herein provided, the courts shall be adjournable accordingly.

Sec. 2. And be it further enacted, That any process returnable to the fall terms of the courts of the first circuit, as now holden by law, shall be held to be legal, returnable to the terms provided for in this act. Approved, Feb. 2, 1839.

[No. 131.]

[ocr errors]

AN ACT

To establish a board of Commissioners for the improvement of the navigation of the
Choctaw Hatchey river 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 a board of comniissioners shall be elected by joint vote of the

Commission

er to be elec

ted.

Com's to take oath.

present General Assembly, to consist of three persons, to be known and designated as the board of commissioners of the Choctaw Hatchy River, who shall hold their offices for two years and until their successors are elected and qualified, unless superceded by other commissioners elected by the General Assemby, and they shall before entering upon the duties of their respective offices, take and subscribe an oath before some Judge of the Circuit or county court or justice of the peace to be transmitted by said judge or justice, to the Secretary of State, to be filed in his office, faithfully to discharge the duties of said office to the best of their skill and abilities, and a majority of said commissioners shall compose a board, and have authority to act as such, to fill all vacancies which may occur in their body, and the appointment so made, shall continue until the next session of the Legislature, and until their successors ere elected and qualified; and they shall also have authority to choose one of their own body president of the board, and said board shall assemble at such time and place as to them may seem proper; and may be convened at any time by a call from the president or any one of their body, ournal and said board shall keep a journal of all their proceedings, and shall have power to appoint such agents and servants as they may deem necessary, who shall be allowed and paid such compensation as they shall consider just and reasonable; and said commissioners shall receive as compensation for their services, the sum of three dollars per day for the time they may be engaged in the discharge of the duties of their office, Provided, no one commissioner shall receive more then one hundred dollars for his services in any one year, and the yeas and nays upon the decision of any question by said board, shall, upon the request of any member present, be entered upon the journals; and upon all questions involving the expenditure of money, the yeas and nays shall be entered upon the journals.

To keep a

Employ engi
Beers, survey

ors or drafts-
мен.

traets.

Sec. 2. And be it further enacted, That it shall be the duty of said commissioners, at as early a period as practicable after the passage of this act, to employ such engineer or engineers, surveyors or draftsmen or other persons, as may by them be deemed necessary, and cause to be made all surveys and examinations and such plans," drafted and estimates as they may deem necessary to ascertain the practicability and probable costs of the permanent removal of the impediments that obstruct the navigation of the Choctaw Hatchey riv er, at a low stage of water, from easy and safe navigation for flat or keel boats, from the Florida line up said Choctaw Hatchy river, to William Turner's ferry on said river.

Sec. 3. And be it further enacted, That the board of commissioners are hereby authorised to appropriate any surplus of moneys Let out con- that remain in their possession, after the completion of the surveys and estimates, or an essential portion of them, adopting the cheapest and most practicable and most desirable mode of effecting said work, between said points, by selling the same to contract in suitable divisions or sections, to the lowest responsible bidder, or such person or persons, as may offer to take contracts for the execution of such portions of the work, after having given at least thirty days notice.

« SebelumnyaLanjutkan »