within the corporate limits of said town, so long as the streets be kept in good order, shall be exempted from working on any road or highway beyond the limits of said town.

Approved, Feb. 2, 1839.

To incorporate the Tuscumbia Female Seminary..

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, Incorporation That a Seminary be, and the same is hereby incorporated in the county of Franklin, to be styled the Tuscumbia Female Seminary; and that Asa Messenger, George W. Carroll, Curtis Hooks, J. C. Kennedy, William Cooper, G. F. Godly, B. Merrell, aud A. G. Goodloe, and their successors in office, be and they are hereby declared to be body politic and corporate by the name and style of the Tuscumbia Female Seminary, and as such shall be capable and liable in law or equity to sue and be sued, plead and be impleaded, and Powers, &c. shall be authorised to make such by laws and regulations as shall be necessary for the government of said Seminary: Provided, such by laws are not repugnant to the laws and constitution of this State and of the United States, and for that purpose, may have and use a common seal, appoint such officers, as they may think proper and remove the same for improper conduct or neglect of duty.

Sec. 2. And be it further enacted, That the said Trustees or body corporate shall be privileged to accept of and be invested with all manner of property, either real or personal or mixed; also, all donations, gifts, grants, privileges and immunities whatsoever which May hold pro- may be made or granted to said institution, or which may be hereperty to the after conveyed or transferred to them or their successors in office am't $50,000 to have and to hold the same, for the proper use benefit and behoof of said Seminary: Provided, the same shall not exceed fifty thousand dollars.

how filled

Sec. 3. And be it further enacted, That when any vacany may Vacancies occur by death, resignation or otherwise, of any of the Trustees of said Seminary, the survivors or residue of said Trustees, shall fill the same in such manner as shall be pointed out by the laws and regulations of said incorporation.

Sec. 4. And be it further enacted, That all property owned by Property ex-said Trustees in their aforesaid corporate capacity shall be vested empt from with such body corporate in perpetuity for the use of said Seminary and shall be and is hereby declared free from all taxation.

axation.

Approved, Feb. 2, 1839.

To alter and amend an act entitled an act to establish a Board of Commissioners for the improvement of the navigation of the Tombecbe 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 so much of an act, entitled an act to establish a board of commissioners for the improvement of the navigation of the Tombecbe river and for other purposes, approved, December the twentieth, one thousand, eight hundred and thirty-seven, as requires or may be

constructed as to require the said board of commissioners to employ an engineer in the prosection of said work, be and the same is hereby repealed; and said board shall have full power and authority Repeal to adopt such rules and regulations in the disbursement of the monies appropriated, and to adopt such measures in the prosecution of the work as they may deem expedient.

Gov'r to ap

Sec. 2. And be it further enacted, That the Governor shall appoint two additional commissioners to act with such as are already point two adelected and hereafter the board shall consist of five commissioners to ditional com's be elected as prescribed in the above recited act by the General Assembly; and until the next election the two commissioners appointed by the Governor, shall act with those now elected and have and exercise all the powers conferred upon them; and if any commissioner shall be absent from any two successive sessions of the board, his office shall thereupon become vacant and a majority of those present constituting a quorum shall fill the same.

Approved, Feb. 2, 1839.

To abolish and establish certain Election Precincts therein mentioned.

Section. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the election precinct heretofore established at the house of Thos. J. Wash, in the county of Tuscaloosa, be and the same is hereby discontinued, and in lieu thereof that an election precinct be established at the house of Joshua Palmour in said county.

Sec. 2. And be it further enacted, That election precinct is hereby established at the house of John McCrary, in the county of Tuscaloosa.

Sec. 3. And be it further enacted, That the election precinct heretofore established at the house of William Moore, in the county of Tuscaloosa, he and the same is hereby discontinued and in lieu thereof that one be established at the store house of David Suddeth, in said county.

Sec. 4. And be it further enacted, That the election precinet heretofore established at the town of Chickasaw in Franklin county, be and the same is hereby discontinued, and in lieu thereof, that one be established at the house of Charles Rutledge in said county.

Sec. 5. And be it further enacted, That the election precinct heretofore established at Cooksville in the county of Morgan, be and the same is hereby discontinued, and that in lieu thereof, that one be established at the White Sulphur Springs in said county.

Sec. 6. And be it further enacted, That the election precinct heretofore established at the house of Levi D. Coleman in the county of Talladega, be and the same is hereby discontinued, and that in lieu thereof, that one be established at Patterson's Mills in said county. Sec. 7. And be it further enacted, That an election precinct if hereby established at the house of Joseph Acker in the county of Shelby.

Sec. S. And be it further enacted, That an election precinct be established at Society Hill, in the county of Macon.

Sec. 9. And be it further enacted, That an election precinet be established at the house of captain John Blankenship in the county of Wilcox.

Sec. 10. And be it further enacted, That an election precinct is hereby established at the house of Francis M. Green, in the county of Franklin, west of Big Bear creek.

Sec. 11. And be it further enacted, That Ritchie's precinct in the county of Jefferson, be and the same is hereby discontinued.

Sec. 12. And be it further enacted, That the following precincts in the county of Benton, be abolished, to wit: one at the house of Charles Norman; one at the house of Mrs. Clayton; one at the house of George Harris, and one at the house of Barney McCartney, and in lieu thereof, the following precincts to be established, to wit: one at the muster ground of Captain Reeds company, near N. Pounds, one at the house of Alfred Daniel; one at the house of William Carmichael; one at the store house of R. S. Jenkins; one at the mill of John B. Leak; one at the school house near Sion Jordon's, and one at the house of W. B. Walker.

Sec. 13. And be it further enacted, That an election precinct be and hereby is established at Warrenton, in the county of Dallas. Sec. 14. And be it further enacted, That an election precinct be and the same is hereby established at the Harrowgate Springs, in the county of Montgomery.

Sec. 15. And be it further enacted, That an election precinct heretofore established at the house of Lawrence Dumas, in Fayette county, be and the same is hereby abolished.

Sec. 16. And be it further enacted, That the election precincts heretofore established at the house of Martin Joice, and at Sandtown in the county of Lowndes, be and the same is hereby discontinued and one is established at the store of the Messrs. Purcis, at Purcis Hill, in said county.

Sec. 17. And be it further enacted, That the election precinct held at the place known as Ragsdale store, in the county of Pickens, be and the same is hereby abolished, and that an election precinct be established at Burton's Hill, in said county.

Sec. 18. And be it further enacted, That the election precinct heretofore established at the house of John Tosh, in Mobile county, is hereby abolished, and one in lieu thereof be established at the house of George Michael, and that an additional precinct be established at the house of James Keho, at the fork of the Spring Hill and St. Stephens roads.

Sec. 19. And be it further enacted, That an additional election precinct be, and the same is hereby established at the house of Jacob Boram, in the county of Talladega.

Sec. 20. And be it further enacted, That the election precinct at Duck Spring, in the county of DeKalb, be and the same is hereby abolished and in lieu thereof, one be established at the house of Charles Stowers; also, one at Garrison's store house, and one at Camden, in said county.

Sec. 21. And be it further enacted, That the following election

precincts are hereby discontinued, to wit: the precincts at Jacks Springs and Navy Cove in the county of Baldwin: the one at Mrs. Keeners, and at L. Feagans in the county of Barbour; the precincts of beat number one, and at J. K. Hudsons in the county of Blount; the precinct at Summerfords mill in the county of Covington; the precinct at Blancits in the county of Jackson; the precinct at William. Youngs, and at the store house of Hillian and Toliver, in the county of Marshall; the precincts at Kenadays Spring in the county of Marion; the precinct at Boyeds in the county of Jefferson; the precinct at John Lardners in the county of Mobile; the precincts at Coopers, Pollards and R. W. Walls in the county in the county of Montgom

the precincts at Jesse Johns and Buckhead in the county of Pike; the precincts at Hall's mill and at the house of Archibald Sawyer in the county of Randolph; the precinct at Mrs. Pledgers in the county of Shelby; the precincts of Moscow and Bradfoots store in the county of Sumter, the precincts at the house of Warner Williams in the county of Tallapoosa; the precinct at Colberts on Ryons creek and at the house of George Tyler in the county of Walker; the precinct at Rocky Mount, in Clark county; the precincts at Ambrose Brewer and Frank Adams old place in the county of Cherokee; the precinct at Taylors store house, in the county of Dale.

Sec. 7. And be it further enacted, That election precincts are hereby established at the following places to wit: one at the house of Aaron Burlison, and one at Hortosn store, and at Glennville in the county of Barbour; one at the house of Henry Averys in the county of Bibb; one at the house of William McPearson, and one at the house of Gregory Glascock, in the county of Blount; one at Pools store in the county of Butler one at the house of Carie Jernigan in the county of Covington; one at Gainstown in the county of Clark; one at Harmon Baylies, Benjamin G. Pollards and at Alexanders store house in Cherokee county; one at the house of John Overtons in Baldwin county; one at the house of Brittain Adkinson, one at Tuckers Saw Mills and one at Edmund Russell in the county of Dale; one at Valley Creek Academy, in the county of Dallas; one at Camden, in the county of DeKalb; one at Taylors in the county of Jackson; one at the house of Edmond Parsons and one at Dabney Coopers in the county of Jefferson; one at Youngs cross roads in the county of Lauderdale; one at the house of William Self in the county of Marion; one at Beach Grove; one at the house of Joseph Carter, and one at the house of Stephen Baxter in the county of Marshall; one one at the house of Joseph Bazarezes in the county of Mobile; one at the Store of John Daniel in the county of Monroe; one at Joel Dixons Mills in Marengo county; one at John Bomems, one at the house of Solomon Garner in the county of Montgomery; one at the house of S. Dixon, one at the house of Dawson Grimes, one at the house of John D. Wyatt, in the county of Pike; one at the house of Thomas Curry, one at the house of Josiah M. Kenedy, and one at the house of Thomas Nabors, and at the house of Mattison Putnam in the county of Randolph; one at the house of John Simmons in the county of Russell; one at Milton in the county of Sumter; one at

may receive half-pay.

Floyds old store; one at the house of John Bruce, and one at Naymon Shopshears in the county of Tallapoosa; one at Job Richardson, one at the house of Jeremiah Sheppard, one at the house of John Norris, one at the house of Fred. Duvall, one at Holly Grove and at Crumps muster ground in the county of Walker.

Sec. 23. And be it further enacted, That if at any general election the returning officer appointed to hold said election shall fail to attend at the proper time and place, the managers present, if any, may appoint a returning officer, and if there be no manager or managers present, then three house holders or free holders may proceed to appoint a returning officer, and open the polls and hold said election, and if no Justice of the Peace should attend to qualify the managers, then the returning officer (whether appointed by the Sheriff, managers, house holders or free holders) shall qualify the managers and hold the election according to law; and every election so held shall be valid to all intents and purposes.

Sec. 24. And be it further enacted, That the precinct at Fulton in Mobile county, is hereby abolished.

Sec. 25. And be it further enacted, That the election precincts
at Boston and at
Thompson's in the county of Marengo,
Approved, Feb. 2, 1839.

be and are hereby abolished..

[No. 129.]

AN ACT.

To extend the powers of the courts of roads and revenue in the several counties of this

State.

Whereas, in many cases it is found impracticable to erect permanent fences on the shores of large water courses, and much inconvenience is experienced by owners of lands thus situated, through which public roads pass; for remedy whereof:

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the courts of roads and revenue of the several counties of this State be, and they are hereby authorised and empowered to permit any person or persons owning lands on any stream declared by law a public highway, over which a public road may pass, to erect one or more gates on said road, under such conditions, limitations and restrictions, as said courts may think expedient. Approved, Feb. 2, 1839.

To regulate the compensation of the branch pilots of mobile Bay. 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 Branch Pilots the pass age of this act, it shall be lawful for the branch pilots of the city of Mo bile, to charge and receive as compensation half pilotage from the master of any vessel crossing the Dog river bar, and bound for the port of Mobile, Provided, that said pilot shall make a tender of his services to any such vessel at the proper or usual place for vessels to receive pilots on board when bound to the said port of Mobile.

Sec. 2. And be it further enacted, That nothing in this act contained, shall be construed to apply to the regular packets between Mobile and New Orleans. Approved, Feb. 2, 1839.