ordered to be thrown open, shall not immediately obey such order, or shall not keep the same open until a certificate be granted permitPenalty for closing gate ting it to be closed, or shall hinder or delay any one in passing, or before obtain shall at any time take more toll than is allowed by law, the said coming certificate pany for each and every such offence, shall forfeit and pay to the party aggrieved, the sum of ten dollars, to be recovered with costs of suit before any competent tribunal.

bly passing or

Sec. 10. And be it further enacted, That if any one shall forcePenalty forcibly or frauduently pass any turnpike gate, or shall dig up or spoil injuring read. said road, he, she or they committing such offence, shall be subject to a penalty of ten dollars, in addition to the damages resulting from such wrongful act, which penalty shall be recovered by said company before any Justice of the Peace in the county of Madison, or other competent tribunal.

Rates of toll

Sec. 11. And be it further enacted, That the following shall be the rate of toll receivable at each gate, on said turnpike roads, for every twenty head of hogs or sheep, twenty cents, for every twenty head of horned cattle, thirty-seven and a half cents; for every horse, mule, or jackass, not employed in drawing or carriage, four cents; and so in proportion for any greater or less number of the above named animals; for every four wheeled pleasure carriage, thirty-seven and a half cents for every two wheeled pleasure carriage, eighteen and three fourth cents; for every loaded wagon, thirty-seven and a half cents; for every empty wagon, eighteen and three fourth cents, for every man and horse, six and one fourth cents; for every loaded cart, eighteen and three fourth cents; for every empty cart, twelve and a half cents; for every mail coach or stage, thirty-seven and a half: Provided, That the rate of toll for man and horse, in every case in which the man may be a resident of the said county of Madison, and shall be of the foregoing rate, and for a man and horse, and and that no toll shall be required or charged for a man and horse in cases in which the man is resident of said county, and may be going to Huntsville to attend or returning home from any court, muster, general election, or the service of any church in said county. The tolls when received shall be applied by the President and Directors to finishing and completing the residue of said road, and so soon as said road shall be entirely completed, according to the true intent of this act, a majority of the stock holders may and shall order the nett profits from the tolls hereby granted to be divided half yearly among the proprietors of said company, in proportion to their respective shares. And should any person refuse to pay the toll hereby granted, at the time of offering to pass, the toll gatherer may lawfully refuse a passage to such person or thing, liable to toll, as aforesaid, and if any person, article or thing, liable for toll, shall by any ways pass without payment thereof, on demand made and refusal to pay, the toll gatherer may by warrant in the name of said commissioner or person in possession of such article or thing subject to toll, five dollars for each offence.

Sec. 12. And be it further enacted, That if said company shall not begin the said work within two years after said company shall have been formed, or shall not have completed the said road within

seven years thereafter in the manner herein directed, then and in that case, all the rights and interest in said road, and tolls hereby Charter may vested in said company, shall forever cease and be forfeited.

be forfeited

Sec. 13. And be it further enacted, That the President and Directors of said company shall have power to borrow money, contract debts and be contracted with, upon the credit of the stock of said company, and to pledge personal and real estate for the payment of the debts of said corporation, and it shall be lawful for said company, in the location of said road, to select necessary sites for the location of gates and toll houses, not exceeding two acres at any one point; also, to locate parts of said road on private property, if they shall deem it necessary to deviate from the present site of said road; and in case the said President and Directors cannot agree with the owners of land or materials required for said road, as to compensation therefor, or in case the owner thereof be an infant, non-resident, or non compus mentis, then, or in either case, it shall be lawful for the said President and Directors to apply to the Judge of the County Court of Madison county, and on such application, it shall be the duty of said Judge, forthwith to issue a warrant under his hand and seal, directed to the sheriff of said county of Madison, commanding him to summons the owner of said land or materials, if found in his county, and also, to summons a jury of twelve disinterested free-holders, to appear before him on the land or at the place where such materials may be, at a time not exceeding ten days from the issuance of said warwant, whose duty it shall be to assess the value of the land or materials so required, and in case of lands, they shall in the same assessment, assess the damages that the owner thereof may sustain, by rea- Lands & mason of the land being so taken for the use of said road, and on all condemned. assessments of value and damages under this act, the jury shall take into consideration the advantages that the defendant may derive from said road, and the verdict accordingly, and it shall be the duty of said Judge to make a record thereof and return the same to the Clerk of the Circuit Court of Madison county, and the said Clerk shall enter the same as a cause on the trial docket of said Court, at the term succeeding the return thereof, and on motion, if no objection be made, the same shall be affirmed and judgment thereof entered as in other cases, and if said motion be resisted, and sufficient cause in law be shown for setting aside said assessment, their judgment thereof shall be entered and the Court shall forth with order an issue to be made between the parties to try the same matter, and the parties shall proceed therein de novo, and at the same term of the Court, unless suf. ficient cause be shewn by either party for the continuance thereof; that the judgment of the Circuit Court, when for the claimants, shall be, that the lands in question or the materials, as the case may be, are condemed to the use of the said Maredianville and Hazlegreen

terials may be

Turnpike Company, and the said company shall pay to the defen- Compensadant such sum, together with costs, as may be found by the jury to tion for probe reasonable and proper compensation, and the same shall become perty convested in said company forever; and in all cases of final judgment, the party aggrieved shall have his writ of error as in other cases.

demned.

Sec. 13. And be it further enacted, That the work shall in no wise be delayed by any proceeding had in the premises after the Judge of the County Court shall return to the Clerk of the Circuit Court, the assessment by the jury, by him convened, by the President and Directors, tendering the sum so assessed to the owner or on depositing the amount for the use of the owner of such land or materials, with the Clerk of said Circuit Court, may proceed with the work as upon final judgment in favor of said claim, and in case of tender as aforesaid, and acceptance thereof, such acceptance shall be considered as a release of all errors in the proceedings, and the Circuit Court shall on suggestion inquire thereof and give judgment accordingly.

Sec. 14. And be it further enacted, That the stockholders shall Stockholders be individually liable in proportion to their respective shares, for all individually contracts made, bonds, bills and notes, executed by said President and Directors, in the name of said corporation, whether the same be under seal or not.

liable.

Sec. 15. And be it further enacted, That the stock of said company shall be deemed personal property.

Sec. 16, And be it further enacted, The President and Directors Compensa- shall pay the Judge of the County Court two dollars for each wartion to judge or inspector rant he may issue under the authority of this act, one dollar per day to each free-holder who may be summoned before him under the same, and one dollar to each inspector for every day they may be engaged in performing the duty required of them by this act.

Sec. 17. And be it further enacted, That the comm.issioners appointed by the first section of this act, shall give thirty days notice in Make public one of the newspapers published in the town of Huntsville, of the time time of open- when the books will be opened to receive subscription of stock, and ing books. that no person shall be allowed to subscribe for more than thirty shares until after the expiration of ten days from the time said books shall be first opened as aforesaid.

Sec. 18. And be it further enacted, That nothing in this act shal Banking pro- be ever so construed so as to give banking privileges in any manner Approved, Feb. 2, 1839.

hibited.

whatever.

3

PRIVATE AND LOCAL ACTS.

Wo. 1.

AN ACT

For the relief of certain persons therein named.

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 authorize Hezekiah Johnson and Thomas Harvey, and their associates, to turnpike a road therein named, approved twenty-second of December, eighteen hundred and thirty-six, as requires the completion of said road within two years after the passage of said act, be, and is hereby repealed

Sec. 2. And be it further enacted, That the said Hezekiah John- Allowed until son and Thomas Harvey and their associates, be allowed until the 1st of Jan'y. first day of January, eighteen huudred and forty, to complete said plete their r'd road.

1840, to com

across

Sec. 3. And be it further enacted, That the said Hezekiah Johnson and May run the Thomas Harvey and their associates, be authorized and allowed to road run said road across the Warrior river, at any place within eight miles the Warrior. of Richardson's Ferry, on said river.

[No. 2.]

Approved, December 24, 1838.

AN ACT

To authorize the continuance of a Company Beat in the County of Wilcox, with a less

number than forty privates.

Section 1. Be it enacted by the Senate and House of Represen- Officers of the tatives of the State of Alabama in General Assemby convened, 36th Reg't. required to That from and after the passage of this act, that the elected officers of continue comthe thirty-sixth regiment of Alabama militia, in the county of Wilcox, pany of less be authorized and required to continue a company beat in said coun- vates ty, with a less number than forty privates.

Sec. 2. And be it further enacted, That said company shall include all of that part of Wilcox county lying in the north-east side of Cedar Creek, and said beat shall be officered in like manner as other beats are in said State. Approved, Dec. 24, 1838.

AN ACT

in addition to

No. 3. Authorizing an additional number of Jurors to be drawn and summoned to attend the Circuit and County Courts for the county of Wilcox. Section 1. Be it enacted by the Senate and House of Representatives of 30 persons to the State of Alabama in General Assembly convened, That from and after be summoned the passage of this act, there shall be drawn and summoned thirty the number persons, who shall serve as jurors, in addition to the number now au- now authorithorized to be summoned, to attend the Circuit Courts in the county of Wilcox, and shall be summoned to attend the first day of the second week of said Court, and shall serve the remainder of the term, and shall receive the same pay as other jurors for like services.

Sec. 2. And be it further enacted, That the jurors now authorized to be summoned to attend the said Circuit Court, shall be summoned to at

zed.

tend on first

Jurors to at- tend on the first day of the first week of said court, and shall serve day of first six judicial days and no more, any law or usage to the contrary notwithstanding.

week.

'To summon

Sec. 3. And be it further enacted, That in addition to the number of jurors now summoned to attend the County Court in the County of 15 additional Wilcox, there shall be drawn and summoned fifteen persons to serve jurors to at tend ct'y ct. as jurors of said court, and shall receive the same pay as other jurors, to attend said Court, any law or usage to the contrary notwithstanding. Approved, Jan. 5, 1839.

from William

Hester

No. 4.]

AN ACT

Prescribing the duties of the County Treasurer of Franklin county. Section 1. Be it enacted by the Senate and House of RepresenC'ty Tre'r to to receive tatives of the State of Alabama in General Assembly convened, certificates That it shall be the duty of the county treasury of Franklin county, and he is hereby authorised and reqired to receive all certificates of witnesses in state cases, from William Hester, late tax collector of said county, which he may have received in public dues as tax collector as aforesaid, so far as they go, for any monies that may be due from said Hester, to said county treasurer as tax collector aforesaid. Sec. 2. And be it further enacted, That hereafter the county treasurer of said couuty is hereby authorised and required to pay off Req'd to pay fall certifi- all certificates of state witnesses where the State has or may fail in the cates of state prosecution on their producing the clerks certificate to that effect, witnesses. { where the case was tried and dismissed, any law usage or custom to the contrary notwithstanding. Approved, Jan. 7, 1839.

For the relief of Cyntha Finlar.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That all the right, title and interest, which accrued to the State of Alabama by the death of John C. Finlay, late of the city of Mobile, both as to the real estate and personal property of said deceased, be and the same is hereby vested in his widow Cyntha Finlay: Provided, this act shall in no manner impair the rights of other heirs or the creditors of the deceased. Approved, Jan. 7, 1839.

[No. 6]

-94

AN ACT

To authorise the Commissioners Court of Roads and Revenue for the county of Pickens to fill a vacancy 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 any two of the commissioners of roads and revenue for the county of Pickens, are hereby authorised to fill a vacancy now existing in the commissioners court of said county at the next term of said court on the second Monday in Jauuary, eighteen hundred and thirty-nine, withou, the presence of the Judge of the county court, and at said term they are hereby further authorised after filling said vacancy to act on the ordinary business of the commissioners court on the first day of the term, as if the Judge of the county court was present.

Sec, 5. And be it further enacted, That all acts or parts of acts