1

[No. 181.]

AN ACT

presentative.

To apportion the Representatives among the several Counties in this State, and to
divide the State into Senatorial Districts according to the late census.
Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of Alabama in General Assembly convened,
That the representatives of the several counties, shall be apportion- Apport -
ed at a ratio of twenty-nine hundred and forty-nine white inhabitants ment of re-
to a representative, and shall be appointed among the several coun-
ties in the following manner, (to wit:) to the county of Jackson, four
representatives; to the county of Madison, four representatives; to
the county of Limestone, two representatives; to the county of
Lauderdale, three representatives; to the county of Franklin, three
representatives; to the county of Lawrence, three representatives;
to the county of Morgan, two representatives; to the county of Mar-
shall, two representatives; to the county of DeKalb, two representa-
tives; to the county of Marion, one representative; to the county of
Fayette, two representatives, to the county of St. Clair, one repre-
sentative; to the county of Jefferson, two representatives; to the coun-
ty of Blount, two representatives; to the county of Cherokee, two
representatives; to the county of Benton, three representatives; to
the county of Talladega, two representatives; to the county of Ran-
dolph, one representative; to the county of Pickens, three represen-
tatives; to the county of Sumter, three representatives; to the county
of Tuscaloosa, four representatives; to the county of Walker, one
representative; to the county of Bibb, two representatives; to the
county of Shelby, two representatives; to the county of Coosa, one
representative; to the county of Tallapoosa, one representative; to the
county of Chambers, two representatives; to the county of Russell,
one representative; to the county of Macon, one representative; to
the county of Montgomery, two representatives; to the county of
Autauga, two representatives; to the county of Dallas, two represen-
tatives; to the county of Perry, three representatives; to the county
of Greene, three representatives; to the county of Marengo, two re-
presentatives; to the county of Washington, one representative; to
the county of Clarke, one representative; to the county of Mobile,
four represen atives; to the county of Baldwin, one representative;
to the county of Monroe, two representatives; to the county of Co-
necuh, one representative; to the county of Wilcox, two representa-
tives; to the county of Butler, two representatives; to the county of
Lowndes, two representatives; to the the county of Pike, two re-
presentatives; to the county of Covington, one representative; to the
county of Barbour, two representatives; to the county of Henry, two
representatives; and to the county of Dale, one representative.

Sec. 2. And be it further enacted, That the counties of Madison,
Jackson, Limestone, Lauderdale, Lowndes, Franklin, Pickens, Tus-
caloosa, Greene, Dallas, Sumter, Lawrence, Mobile, Motgomery,
Perry, Talladega, Benton, Marengo and Wilcox, shall each form one
Apportion-
Senatorial District; and the counties of Randolph and Chambers one; ment of sena-
of Cherokee and DeKalb one; of Marshall and Blount one, of St.
Clair and Jefferson one; of Morgan and Walker one; of Maron and
Fayette one; of Russel and Barbour one; of Clarke, Baldwin and

tors.

Washingtod one; of Henry, Covington and Dale one; of Macon and Tallapoosa one; of Monroe and Conecuh one; of Butler and Pike one; of Autauga and Coosa one; of Shelby and Bibb one.

Sec. 3. And be it further enacted, That the sheriffs of the counties of Fayette, Tallapoosa, Morgan, Marshall, DeKalb, Benton, Returning Chambers, Jefferson, Autauga, Barbour, Montgomery, Henry, But

officers.

corporation

ler, Monroe and Clarke, shall be the returning officers of the Senato-
rial Districts, to which their counties are attached, and it shall be, and
is hereby made the duty of the sheriffs of the counties in each sena-
torial district, to make to the returning office of the proper senatori-
al district, returns of the elections holden in their respective counties
for senator within ten days after any such election: and it shall be
duty of the returning officers of the different senatorial districts, to
compare the returns so made to them and declare the election, make
returns and give certificates to the candidate elected, as is now provid-
ed by law.
Approved, Feb. 2, 1839.

To Incorporate the town of Fairfield, 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 parcel of land situated in the county of Pickens, and State of Alabama, which has heretofore been laid off into lots by Mark G. Welch, Esq. County Surveyor of said county, and designated and known by the name of Fairfield, be, and the same is hereby incorporated by the name and desiguation of the town of Fairfield. Sec. 2. And be it further enacted, That the free white males citizens of said town of the age of twenty one years and upwards, be, and they are hereby authorized and empowered at any time, within six months after the passage of this act, on five days notice being given of the time and place of holding an election for officers of said town, by George R. Johnson, James J. Garrett and Asa P. Elect town Hurst, who are hereby appointed managers of the first election to be held for said town officers, a majority of whom may act to elect an Intendant and Councillors for said town, who shall hold their offices for the space of twelve months, and until their successors are elected. Sec. 3. And be it further enacted, That the Intendant and Councillors of said town shall, each, before entering upon the discharge Officers to of their duties, make oath that they will faithfully and impartially discharge the duties of their offices before some person authorized to administer an oath.

council, &c

take oath.

Sec. 4. And be it further enacted, That the Intendant shall preside over the deliberations of the Council, and that the Intendant and two members of the Council shall constitute a quorum to do business, and that they shall have full power to pass all rules, regulations and by-laws, which they may deem proper for the government and peace of said town, not incompatible with the constitution of the United I States, nor the constitution of the State of Alabama; and shall have power to fine or punish for the infraction of the same.

Sec. 5. And be it further enacted, That all process shall issue under the hand and seal of the Intendant, who shall hear and determine all causes arising under the by-laws of said town.

other offices,

Sec. 6. And be it further enacted, That the Intendant and Council shall create such other offices as they may deem proper for the Town officers purpose of carrying fully into effect the provisions of this act, and may create shall designate the mode of election of officers thereto, and shall make if necessary provisions for the annual election of Intendant and Council of said Approved, Feb. 2, 1839.

town.

[No. 133.]

AN ACT

To incorporate the Meridianville and Hazle Green Turnpike Company. Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That Joseph Sale, Rodah Horton, John F. Wyche, John Robinson,

ferred.

V. G. Pruit, George R. Wharton and Friley Jones, be, and they are Com'rs to oherely appointed Commissioners to open books for the purpose of pen Books receiving subscriptions to the amount of one hundred thousand dol lars, to be applied to the construction of a macadamized road from the Green Bottom Inn, in Madison county, where the road contructed by the Turnpike Company terminates, to the Tennessee line, in the direction of Fayetteville, which said sum of one hundred thou- Shares $25. sand dollars shall be divided into shares of twenty-five dollars each, and so soon as twenty thousand dollars shall be subscribed, in person or by attorney, it shall be the duty of the Commissioners to call a meeting of the subscribers in the town of of which meeting the Commissioners shall give twenty days notice, in some newspaper printed in the town of Huntsville, and the said subscribers from and after the first meeting, shall be, and they are hereby constituted a body politic and corporate, by the name of the Meridianville and Hazle Green Rail Road Company, and shall so continue as such; may sue and be sued, plead and be impleaded, answer and be answer- Powers coned, sell and purchase, and have a common seal. The subscriber, or a majority of them, who shall be present at the first meeting, shall elect nine Directors, being share holders, who shall elect one of their Directors to own body President of the Board of Directors; and the President and elect Presid't Directors thus chosen, shall continue in office one year, and until another election shall take place. The President and Directors thus chosen, shall have power to receive subscriptions for the residue of the one hundred thousand dollars, until the whole sum shall be subscribed for; and to make contracts with any person for the construction of said road, and for performing such other work thereon as they may think proper and necessary; and to require from time to time of the subscribers, such advances on the respective shares, as the wants of said company may require and demand, until the whole subscription shall be paid: Provided, That no call shall be made for more than five dollars, at any one time, on each share, of which thirty days notice shall be given in some newspaper printed in Huntsville. Said Directors shall have power upon all emergencies, to call a general meeting of the subscribers, giving thirty days notice in a newspaper printed in the town of Huntsville, and it shall be their duty to call such general meeting under the regulations aforesaid, whenever a majority of the stockholders shall require it. They shall also be empowered to appoint a Treasurer, Clerk, and such other of ficers as may be necessary; to sign and settle all accounts, and to

transact all business of said company during the intervals between the general meetings.

Sec. 2. And be it further enacted, That if any subscriber shall fail to pay the sum of five dollars on each share, within thirty days Penalty for failing to pay. after the same shall have been required by advertisement as aforesaid, it shall be lawful for the President and Directors, to sell at auction, and convey to the purchaser, the share or shares of such subscriber thus failing or refusing to pay, and after retaining the sam due with costs of sale, to pay over the surplus to the former owner of such share or shares; and if the sale shall not produce the sums to be advanced, with interest and incidental charges, in that case it shall be lawful for the company to recover the balance of the original proprietor, on motion before the County or Circuit Court, where such delinquent resides, ten days previous notice being given, or by warrant, before any Justice of the Peace, where the sum does not exceed fifty dollars, upon giving the notice aforesaid; and all persons purchasing under the sale of the President and Directors, shall be subject to the same rules, regulations, restrictions and penalties, as are the original proprietors.

how filled

Sec. 3. And be it further enacted, That the President and Directors or any five of them shall be sufficient to transact ordinary buVacancies siness, and all vacancies which shall happen in the office of President and Directors, between the regular meetings of the share holders, shall be supplied by the Directors, two thirds of the whole, members being present. The Clerk shall keep a regular journal of the proceedings had, and motions made at the several meetings, and each Director shall be at liberty to call for the yeas and nays upon any question, and it shall moreover be the duty of the President and Directors to furnish printed certificates, stating the number of shares held by each subscriber, which certificate shall be transferrable by deed, which shall be recorded in a book kept by said company, acknowledged by the vendor, or proved by two witnesses before the said Clerk, which transfer thus recorded, shall to all intents and purposes, constitute the assignee a member of said company, subject to all the rules and reg ilations thereof.

Sec. 4. And be it further enacted, That an election for Direetors of said company shall be annually held in the town of Meridianville, the same day of the same month on which the first election was held, (unless the same be on Sunday, and then on the day following) and at each election, including the first, the share-holders present, or by proxy, by a plurality of votes, shall elect by ballot, said Directors; and if said election should not take place on that day, it shall be held in the same manner and with like effect on some early day to be appointed by the President and Directors, then in office, of which thirty days notice shall be given in a newspaper printed in the town of Huntsville, and to constitute any such annual meeting of the company, the presence of a majority of share-holders, by themselves or proxy, shall be necessary. In counting votes, each member shall be allowed one vote for each share, as far as ten shares, and one vote for every five shares above ten, held by him, in the com

pany at that time, and the Directors shall render fair and distinct accounts of their proceedings, and of all disbursements of money to each annual meeting of the subscribers, previous to the election of Directors by said meeting for the ensuing year.

Sec. 5. And be it further enacted, That said company shall construct said road on the sites of those now in use, so far as they may deem expedient, but may deviate therefrom, should they think fit, for the purpose of straightening said road. The said road shall be laid out thirty feet wide, eighteen feet of which shall be bedded with Road to be 39 stone or gravel, well compacted and of a sufficient depth to secure a feet wide solid foundation. It shall be faced with gravel or broken stone, of a depth not less than nine inches, in such a manner as to secure a firm and even surface, rising in the middle by a gradual augh, to be proted on the sides by ditches so constructed as to permit practicable, carriages to turn off said road; all the culverts on said road shall be of stone, and the bridges to be secured by substantial railing on the sides and kept in good repair.

Sec. 6. And be it further enacted, That so soon as the President and Directors shall have completed five miles of the road from the Green-Bottom Inn, north, in the direction of Fayetteville, or five miles from the State line south, in the direction of Huntsville, they shall give notice thereof to the Judge of the County Court of Madison county, who shall thereupon appoint three discreet free-holders, not interested in said road, to view the same and report to him in writing whether the said road is completed in a workmanlike When a toll manner, according to the requisition of this act, and if they or a ma- erected. gate may be jority of them report in the affirmative, it shall be the duty said Judge to issue a license, under the seal of said county, to said President and Directors, and their successors in office, to erect toll gates and colleet tolls, as is authorized by this act, and in like manner shall li. cense be granted and toll gates erected when the whole shall be completed: Provided, nevertheless, That not more than three gates shall be erected on said road.

Inspectors to

Sec. 7. And be it further enacted, That it shall be the duty of the Judge of the County Court of Madison county, and the commismissioners of revenue and roads of said county, annually to appoint three inspectors of said turnpike road authorized by this act, whose be appointed. duty it shall be upon the complaint of any two freeholders in writing, that said road is out of repairs, to inspect the same, and if they find the complaint to be just, they shall give notice in writing of such defect to the toll gatherer nearest the place out of repair, or may order the gates to be opened at their discretion: Provided, That no order shall be made without five days previous notice to making such order, and provided also, that at the end of that time the road shall not be repaired.

Sec. 8. And be it further enacted, That whenever said inspectors shall order any gate to be opened, no toll shall be collected, nor Inspectors to shall the gate be closed until a certificate be granted by the inspec- give certifi tors, or a majority of them, that the road is repaired.

Sec. 9. And be it further enacted, That if the keeper of any gate

cate.