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contravening the provisions of this act, be and the same are hereby Approved, Jan. 7, 1839.

repealed.

[No. 7.]

11400444
AN ACT

To authorize the Judge of the County Court and Commissioners of Roads and Revenue for the county of Sumter, to levy a tax for the building of a Court House in the town of Livingston of said county of Sumter.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the Judge of the county court and commissioners of roads and revenue be, and they are hereby authorised to levy such tax on the persons and property of said county liable to taxation in other cases as shall Levy not to be sufficient to defray all expenses to be incured in the building of a exceed $6000, court house for said county of Sumter: Provided, said tax shall be levied and collected in three equal annual proportions and provided further, that the taxes shall not exceed six thousand dollars in any one year.

in one year.

Sec. 2. And be it further enacted, That the circuit court of Circuit ct. be held in any said county shall have power to adjourn the court to such house as convenient may be deemed most convenient and advisable, until said court house house, till c.h. shall be completed. Approved, Jan. 7, 1839.

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For the relief of Aerely Manning.

is completed.

Section 1. Be it enacted by the Senate and House of Repre-` sentatives of the State of Alabama in General Assembly convened That Aerely Manning, wife of Adam Manning, is hereby authoris- Authorized to hold property ed to have, hold, possess and enjoy, any property that has been or as feme sole may be hereafter conveyed to her as feme sole, or which she may hereafter acquire by her own industry, and that suits may be maintained for or against her, in the same manner as if she were a feme sole, and that she may have the right and privilege of conveying, transferring, selling or buying any property, real or personal, as fully and as absolutely as if she were a feme sole.

ning or his

Sec. 2. And be it further enacted, That if the said husband or feme sole trader, shall remove to any other county in this or any If Adam Manother State, it shall be his or her duty to have this act recorded on wife remove, the records of the court for the recording of deeds in the court, he or this act to be she shall remove to within thirty days from the time of their settle- recorded. ment in such new county, and in case this act is not so recorded, he

or she shall not be entitled to the benefits of the provisions of this Approved, Jan. 7, 1839.

act.

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For the relief of Henry Hunter.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened,

That Henry Hunter, of the county of Dallas, be and he is hereby Authority to authorised and empowered to erect a gate or gates across the public erect toll gate road in said county, which crosses the Alabama river at the town of Lexington, runs through the plantation of said Henry Hunter, and intersects the public highway which leads from Portland in said county, to Barbourville, in the county of Wilcox: Provided, any

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gate or gates which may be erected by the said Henry Hunter shall be on his own lands, any law, usage or custom to the contrary notwithstanding: Provided further, that the Judge of the county court and commissioners of roads and revenue of Dallas county, shall Power vested first authorise the erection of said gate or gates which they are herein Judge of Cty court & by empowerd to do, if in their opinion the same will not be injurious com'rs. of R. to the public; and the Judge and commissioners aforesaid shall have

& R.

power and authority at any time hereafter when the public convenience in their opinion may require it, to order said gate or gates to be taken down, when it shall no longer be lawful for said Henry Hunter, or other person to continue the same.

Sec. 2. And be it further enacted, That all persons shall have the right of passing through the said gate or gates along the said road and that it shall not be lawful for the said Henry Hunter to demand or receive any toll from any person whatever for passing through said gate or gates.

Sec. 3. And be it further enacted, That should any person or persons who may pass through said gate or gates wilfully leave the same open, he or they shall be liable to a fine of five dollars each for every offence, to be recovered before any proper Justice of the Peace, the same as any action of debt by information upon oath of the said Henry Hunter or any other creditable witness.

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Approved, Jan. 7, 1839.

To Divorce John P. Hall from his wife Mary Hall...

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That in pursuance of a decree of the circuit court of Madison county, exercising chancery jurisdiction, rendered at the fail term of said court, in the year eighteen hundred and thirty-eight, the bonds of matrimony heretofore solemnized and subsisting between John P. Hall and Mary Hall, his wife, be and the same are hereby dissolved, and annulled, and that the said John P. Hall be henceforth divorced from his wife Mary Hall. Approved, Jan. 17, 1839.

[No. 11.

རྩ6)རས

AN ACT

To Divorce Martha Roberts from her husband William Roberts.

Section 1. Be it enacted by the Senate and House of Represenlatives of the State of Alabama in General Assemby convened, That in pursuance of a decree of the circuit court of Greene county, exercising chancery jurisdiction, rendered at the fall term of said court in the year eighteen hundred and thirty-eight, the bonds of matrimony heretofore solemnized and subsisting between Martha Roberts and her husband William Roberts be and the same are hereby dissolved and annulled; and that the said Martha Roberts be henceforth divorced from her said husband William Roberts. Approved, Jan. 17, 1839.

No. 27.

AN ACT

For the relief of Cassandra Kelly.

Section 1 Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That any right which the State of Alabama may have, or

shall hereafter acquire by escheat in and to the personal estate of Christopher Plunkett, deceased, late of Dallas county, be, and the Relinquishsame is hereby relinquished to Cassandra Kelly, wife of James W. ment of right Kelly, and formerly the wife of the said Christopher Plunkett de- by the State. ceased: Provided, that nothing herein contained, shall affect, in any measure, the right of the creditors or representatives of the said Christopher Plunkett, deceased. Approved, Jan. 17, 1839.

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To authorize Levi Williams to erect mills on the Coosa river.

erect mills.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That Levi Williams of the county of Shelby, be and he is hereby Authority to authorised to erect mills or other water works on the west side of the Coosa river, adjacent to his own land: Provided, by the erection of said mills and water works he does not obstruct the navigation of said river. Approved, Jan. 17, 1839.

No. 14.}

-026ས་-

AN ACT

To compensate the commissioners of Revenue and Roads in the counties, of Jefferson,
Shelby and DeKalb.

Compensation, $1 per

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That hereafter the commissioners of revenue and roads in the counties of Jefferson, Shelby and DeKalb, shall each receive the sum of one dollar and fifty cents per day for each and every day they shall day. attend any court of commissioners of revenue and roads in said counties, to be paid out of the treasury of said counties, on the certificate of the clerk of the county court of the counties aforesaid stating the number of days such commissioner shall have attended said cominissioners court, and the sum which he shall be entitled to receive therefor: Provided, that nothing in this act contained shall render any such commissioner ineligible to any other office of profit or honor in the said counties of Jefferson, Shelby and DeKalb.

No. 15]

AN ACT

Approved, Jan. 1, 1839.

To authorise the Judge of the Connty Court and Commissioners of Roads and Revenue for the county of Jackson to levy and collect a tax.

Section. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the commissioners court for the county of Jackson, are hereby Com'rs court authorised to levy a tax on the persons and property of said county, may levy tax. such an amount as they may deem necessary for the purpose of defraying the expenses of said county and paying off the present county debt.

Sec. 2. And be it further enacted, That said levy shall be made. at the first or second term of said commissioners court, in each and every year, and collected in the same manner as is now provided by law.

Sec. 3. And be it further enacted, That it shall be the duty of the county treasurer of said county, to file in the clerk's office in the county court of said county, a complete list of all the claims or lia

Treasurer to file list of the county.

claims aga'st.

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bilities against said county, on the first day of the first term of said court, in each and every year, which list shall be laid before the said commissioners court, by the clerk of said county court before they proceed to levy such tax; and the said commissioners court, shall in each and every year appropriate and set aside, so much of the tax so ordered to be collected as in their opinion may be actually necessa ry to defray and pay all reasonable expenses of the poor house, erected and establisbed, under an act of the legislature for the support of paupers for the county of Jackson, approved, twenty-third December, eighteen hundred thirty-seven.

Sec. 4. And be it further enacted, That all laws and parts of laws, contravening within the meaning and provisions of this act, be and the same are hereby repealed.

(No. 16.)

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Approved, January 10, 1839.

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AN ACT

For the relief of William Smith of Madison county.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That by an act entitled an act, to amend an act, incorporating the town of Huntsville, approved, the twelfth day of February, one thousand eight hundred and twenty-eight, the corporate limits of the town of Huntsville, were extended so far as to embrace an area of one mile square, Relief to Wm. whereby a portion of a tract of land belonging to the aforesaid WilSmith of Mad-liam Smith, of Madison county, which he had purchased from Genison county. eral John Brahan, was included within the aforesaid extended limits

Sheriff.

of the said incorporation without either his consent or his knowl-
edge: Therefore be it enacted, That from after the passage of this
act, so much of the said tract of land as may be embraced within the
extended corporate limits of the town of Huntsville by the act afore-
said be and the same is hereby declared to be without the limits of
the said corporation, and to be entirely exempt from all the power,
jurisdiction and control of the said corporation, its officers or members
thereunto belonging, to all intents and purposes whatever.
Approved, Jan. 24, 1839.

[No. 17.]

AN ACT

To authorise the Sheriff of Blount County to serve process issued by Justices of the
Peace for said county.

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 the passage of this act, it shall be lawful for the sheriff of Blount county, to execute all process issued by Justices of the Peace, for said county; in the same manner as constables in their respective beats; any law to the contrary notwithstanding.

Sec. 2. And be it further enacted, That the sheriff shall be liaLiability of ble on his official bond for all process served, or other acts done under the provisions of the first section of this act: Provided, nevertheless, that the sheriff now in office shall, before he enters on the discharge of any of the duties of constable renew his bond as sheriff wth an additional condition that he shall faithfully perform the duties of constable agreeably to the laws regulating the duties of such officers. Approved, Jan. 24, 1839.

AN ACT

[No. 18.]

To repeal in part an act entitled an act to provide for the pay of certain accounts created by the regiments of observation in going to and returning from Vernon. Whereas, in said act an appropriation was made in the name of Absolum Byars, for the sum of twenty-five dollars and forty-eight Correction. cents, and whereas said name is Abraham Byars, and whereas in said act an appropriation was made to William Harris, for the sum of twenty-five dollars and ninety cents, and whereas said name is John Harris.

Therefore, be it enacted by the Senate and House of Represenatives of the State of Alabama in General Assembly convened, That the Treasurer of the State of Alabama be, and he is hereby authorized to pay to Abraham Byars, the sum of twenty-five dollars and forty-eight cents, and to John Harris, the sum of twenty-five dollars and ninety cents, the several sums appropriated in the act recited in its caption. Approved, Jan. 10, 1839.

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To divorce John Youngblood from his wife Eliza Jane Youngblood. Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That in pursuance of a decree of the Circuit Court of Morgan county, exercising chancery jurisdiction rendered at the fall term of said. court, in the year eighteen hundred and thirty-eight, the bonds of matrimony heretofore solemnised and subsisting between John Youngblood and Eliza Jane Youngblood, his wife, be, and the same are hereby dissolved and annulled, and that the said John Youngblood be henceforth divorced from his wife Eliza Jane Youngblood. Approved, Jan. 17, 1839.

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To authorize Hazle Littlefield to erect a Grist and Saw Mill on the east bank of the
Coosa river, in the county of Benton, 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 Hazle Littlefield be, and he is hereby authorized to erect a grist and saw mill, or either of them, abutting to his own land on the east bank of the Coosa river, at the Ten Island Shoals, in the county of Benton.

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Erect mill

Not obstruct

Sec. 2. And be it further enacted, That the said. Hazle Littlefield in the construction of his dam, shall so form the same as not to obstruct the navigation navigation of said river.

Sec. 3. And be it further enacted, That Henry G. Woodward, of the county of Talladega be, and he is hereby authorized to erect water Privileges works on the eastern shores of Coosa river, adjacent to his own land: Provided, He does not interrupt the navigation of said river.

No. 21.1

AN ACT

Approved, Jan. 17, 1839.

To divorce Eliza A. F. Anderson from her husband Edmond R. Anderson. Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That That in pursuance of a decre of the Circuit Court of Limestone coun

on

conferred
H. G. Wood-
ward.

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