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of the same, in three of the most public places in Dale and Henry counties, also, in the newspapers that may be published at Montgomery and Irwinton; Provided, that in the estimation of the board, it be expedient or consistent with a judicious economy to commence the work, or any part thereof, with the sum of money then on hand; and Provided further, that the commissioners shall commence the same at the lowest obstructions and proceed thence up the river, completing the work as they advance.

Roport to the Sec. 4. And be it further enacted, That the said commissioners Legislature. be, and they are hereby required, to prepare a plain and comprehensive report of all their proceedings under, and hy virtue of this act, and transmit the same to the Legislature during the first week of the next session, and during the first week of each succeeding !'ayments fur session, until the entire improyement is completed.

labor. Sec. 5. And be it further enacted, That payments for work and labor or any service done, in and about any of the improvements contemplated by this act, shall be made in the following manner, the person or persons who may have any claim upon said board, if for work and labor under contract, shall procure the certificate of the principal engineer, or other person in the employment of the board, that the work has been done according to the contract, or that the same is due according to the terms thereof: upon the production of which certificate the president of the board shall be authorised, and he is hereby required, to issue his check in favor of the proper person, upon the Cashier of the Bank of the State of Alabama, which check it shall be the duty of the said cashier to pay out of the mon, ies hereafter appropriated.

See. 6. And be it further enacted, That payment to any of the board for their services, or any officer or servant thereof, shall be upon account stated, to be approved by the board and certi- Keep record. fied to be correct, signed by the party, and shall be entered upon a book of the board to be kept for that purpose, when the president may issue his check as aforesaid.

Sec. 7. And be it further enacted, That said commissioners shall be authorised to let to contract, any portion of the work contemplated by the provisions of this act, which may have been offered and not contracted for, or which having been contracted for, may not have been prosecuted according to the terms of the contract, af. ter such notice as they may deem reasonable and proper,

Sec. 8. And be it further enacted, That the sum of ten thous. and dollars be, and the same is hereby appropriated, out of so much propriated.

$10,000 apof the nett profits and dividends of the three per cent. fund as have been carried to the credit of the sinking fund, in the Bank of the State of Alabama, and not invested in the stock of sáid bank, for the purpose of carrying into effect the object of this act, one half of which said sum shall be payable and liable to be drawn for, during the year eighteen hundred and thirty-nine, and the other half during the year eighteen hundred and forty;. Provided, that the sum hereby appropriated, shall be reimbursed and replaced from the nett profits and dividends that may accrue on the three per cent. fund du

Proviso.

ring the several years aforesaid, and the sum hereby appropriated shall be subject to the draft of the president of the board of conmissioners, hereby established, according to the provisions of this act.

Sec. 9. And be it further enacted, That if at any time after the passage of this act, a distribution of the three per cent. fund shall be made amongst the several counties in this State, the above appropriation shall be deducted from the amount that may be appropriated to the county of Dale.

Approved, Feb. 2, 1839. (132.)

AN ACT
For the improvement of the Navigation of Elk River.
Section 1. Be it enacted by the Senate and House of Repre-

sentatives of the State of Alabama in General Assembly convened, $10,000 appro That įhe sum of ten thousand dollars be, and the same is hereby

appropriated out of the interest of the three per cent. fund, for the purposes of improving the navigation of the Elk River from the Tennessee line to the mouth of said Elk River where it enters into the Tennessee river.

Sec. 2. And be it further enacted, That Addison Binford, Comm’rs. ap. Thomas Philips and John Simpson be, and they are hereby constipoioted.

tuted a board of commissioners who shall superintend the removal of such obstructions as tend to impede the navigation of the said river,

within the limits aforesaid and shall receive for their services two compensation dollars for each day they shall

be engaged in said services. Sec. 3. And de it further enacted, For the object of completing the

purposes of this act the said commissioners or a majority of them Comm'rs to shall make contracts to effect the removal of said obstructions within make contra't the said limits and to the extent of the amount hereby appropriated.

Sec. 4. And be it further enacted, That upon the certificate of a majority of the said board of commissioners that any sum is due and payable to any person upon any contract made by the said commissioners under the provisions of this act, the State Treasurer, shall be authorised to issue his check for the amount specified in said certificate which shall be payable out of the said sund or the nett profits thereof if there be any portion of such profits not appropriated.

Sec. , And be it further enacted, That the board of comReport to the missioners hereby created, shall make annual reports to the LegislaLegislature

ture of their expenditures and progress in the removal of the said obstructions, and shall have power to fill all vacancies that may be ereated by death or otherwise.

Sec. 6. And be it further enacted, That if at any time after the passage of this act, a division of the three per cent. fund should be made among the several counties in this State the above appropriation of ten thousand dollars shall be deducted from the county of Limestone according to the provisions of the bill making such distribution,

Approved, Feb. 2, 1839.

Councilors to

(No. 125.1.

AN ACT To incorporate the town of Pickensville in the county of Pickens. Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That all that tract of land being in the county aforesaid, included in the following limits, viz: one quarter of a mile east, one quarter of a mile west, one quarter of a mile south, and one quarter of a mile

Incorporation north, from the centre of broad street, at the point where said street is intersected by main street, in said town of Pickens, he and the same is hereby incorporated, under the the corporate name of the town of Pickensville.

Sec. 2. And be it further enacted, That on the first Monday in February next, and annually thereafter, between the hours of ten in

be elected, the forenoon and three o'clock in the afternoon, an election by bal. lot shall be held for five councillors at some convenient place in said town, and that all white male persons of the age of eighteen and upwards, who shall be land holders or free holders within the same, or shall have resided therein for the space of six 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 fol. lowing day, at the hour of eleven o'clock in the forenoon next at the place where said election was held and there proceed to elect by bal.

Councillors to lot from their own body, a Mayor, whose duty it shall be to preside elect mayor over and preserve order at all meetings of the council, and the persons elected councillors as aforesaid shall continue in office until their successors are duly qualified: Provided, that if the first or any subsequent election shall from any cause fail 10 be held, it shall be the duty of the managers in the first election, and at each succeeding election of the Mayor and council to cause an election to be held at any time not exceeding one month after the first of February, notice having been given of the time and place of holding such election in the manner and form set forth in the following section.

Sec. 3. And be it further enacted, That iħe first election shall be held and conducted by Randolph W. Roper, Albert T. Henley, William D. Lyles Robert W. Suazy and Gray Hitchcoke or any three of them, who shall give ten days previous notice of the time and place of holding such election by advertisement, in three or more public places in said town, and all future elections shall be managed ·by such persons, not exceeding three as the Mayor and council shall appoint, who shall give the like notice of the time and place of holding the same, and the Mayor and council respectively before entering on the duties of his or their office, take and subscribe the following oath, before some Justice of the Peace of Pickens county, I do solemnly swear that I will impartially perform all the Town officers

to take vath. duties required of me by the act incorporating the town of Pickensville, so help me God.

Sec. 4. And be it further enacted, That the Mayor and town Privileges. council are hereby declared to be a corporate body by the name of the town council of Pickensville, and by that name they and their successors in office shall be capable of suing and being sued, pleading

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and being impleaded in all manner of suits either in law or equity, to have a 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.

Sec. 5. And be it further enacted, That in case of the death or

renoval of any one or more of the council, or from a vacancy in said Vacancies office happening in any other way; that then and in that case it shall how filled be the duty of the Mayor to appoint managers to hold an election to

fill such vacancy or vacancies, who shall after giving five days notice of the time and place of such election proceed to open the polls at ten o'clock, A. M. and continue the same open until three o'clock P. M. and after counting votes declare the state of the polls to the Mayor, whose duty it shall be to make known to the successful candidate his election.

Sec. 6. And be it further enacted, That the council shall have power to pass all such orders, laws and ordinances respecting the streets, markets, buildings, pleasure carriages, wagons, carts, drays

and police of said town as shall be by them deemed necessary for the l'ass by-lawe. security and wellfare of the inhabitants of said town, and for the preserving the

peace, health and order within the same and to assess a lax on the inhabitants thereof, not exceeding one dollar per head, on all slaves over sixteen and under fifty years of age, and not exceed. ing one eighth per cent on the appraised value of all real estate, and not exceeding one eighth per cent on all merchandize sold in said town; they shall have power to prevent and remove nuisances; to appoint patrol detachments, define their duties, to affix fines for violations of their by-laws and ordinances, not exceeding fifty dollars for each offence, to be recovered before the Mayor sor the use of ihe town, lo assess a las or license to retail spirituous liquors and on billiard tables kept for use in said town, not exceeding on the former the sum of len dollars for one year, they shall have power to elect a clerk and treasurer, and assessor and collector and constable for said town:

provided, the offices of clerk, assessor, treasurer, collector and conElect Clerk, stable may be executed by the same person, to affix the salaries of treasurer, 19. Mayor and other officers under said corporation: provided, that the

council men shall have no compensation for their services as such, to define the duties of their offices, to confine any person or persors for six hours for any violation of the ordinances of said corporation.

Sec. 7. And be it further enucled, That it shall be the duty of the Mayor and councilmen, annually within one month of their election to appoint five commissioners, any three of whom may act whose duty it shall be within one month after being notified of that appointment which notice shall be in writing and served by the constable

to appraise at a fair and impartial valuation all the real property in Council to appoint com's

said town, and return of the same make to the Mayor, from which to appraise appraisment their shall be no appeal: provided, that if the said com

missioners shall within one month after being notified as aforesaid they or either of them, failing or refusing to act, shali forfeit the sum of twenty dollars to the town, to be recovered before the Mayor:

sessor and collector

real estate

.

Provided, however, that any good and sufficient excuse may be heard by the Mayor and council; and the said commissioners to be appointed as aforesaid, shall before entering on the duties of their office take an oath to be administered before the Mayor, faithfully and imparti-Com s to take ally to perform the duties of the same.

Sec. 8. And be it further enacted, That whenever any tax shall have been aşsessed by the council and Mayor aforesaid, and a return of the appraisment as aforesaid shall have been made to the Mayor it shall be his duty iinmediately to make out a list of the persons taxed together with the amount of the tax imposed on each person set down opposite his name, which list shall be given to the constable Mayor to fora who shall make a demand of the assessment from the persons so as- with tax list sessed respectfully and make return of the said list to the Mayor within five days after receiving the same, with the words satisfied or not satisfied as the case may be, opposite the name of each individual and the Mayor shall immediately issue his execution against all persons as to whom the said list shall have been returned not satisfied, commanding him to levy on the goods and chattles of the persons so defaulting; which execution shall be levied as executions in other cases directed to the constables of beats, and the property so levied on, shall be sold at public auetion by the constable in said town, ten days previous notice having been given by advertisment stuck up at the door of the Mayor's office; the balance of money if any, after satisfying the tax and cost of execution to be paid to the party so defaulting.

Sec. 9. And be it further enacted, That the Mayor shall have full power to issue process under his hand and seal, directed to the towa constable, to bring before him any person or persons charged of any infraction of the laws or ordinances of said corporation passed

pursuance to the powers tested by this act, and to hear and determine the same and to issue all other process necessary to a fair and impartial trial, and also to issue executions on every judgement which by said Mayor may be given and adjudged in accordance with the laws of said corporation: Provided, that appeals may be had from the decisions of said Mayor to the county court of Pickens county, and under like restrictions as they now may be had from the decisions of a Justice of the Peace.

Sec. 10. And be it further enacted. That if the Mayor or any Penalty for member of the council shall be guilty of any wilful neglect of duty beglect of or malpractice in office he shall forfeit and pay a sum not exeeeding duty. fifty dollars for every such wilful neglect or malpractice, to be recoved by any person suing for the same, for the use of said corpora. tion, in any court having cognizance thereof, which fine shall be paid by the officer collecting the same into the hands of the Mayor Provided, said Mayor shall not have been the party proceeded against then, and in that case, it shall be the duty of the councillors to depute some discreet and trustworthy person to receive the same as aforesaid, and it shall be the duty of the person so receiving said mo. ney, to pay over the same to the town treasurer. Sec. il. And be it further enacted, That all persons who reside

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