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ty, 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 Eliza A.
F. Anderson and her husband Edmund R. Anderson be, and the
same are hereby dissolved and annulled, and that the said Eliza A.
F. Anderson be henceforth divorced from her said husband, Edmund
R. Anderson.
Approved, Jan. 17, 1839.

[No. 22.1

AN ACT

To divorce Caroline L. Neely from her busband Jubal L. Neely. 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 Greene county, exercising chancery jurisdiction rendered at the fall term of saidCourt in the year eighteen hundred and thirty-eight, the bonds of matrimony heretofore solemnized and subsisting between Caroline L. Neely and her husband Jubal L. Neely be, and the same are hereby dissolved and annulled, and that the said Caroline L. Neely be henceforth divorced from her said husband Jubal L. Neely.

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Approved, Jan. 17, 1839.

To change the time of holding the Commissioners Court of Roads and Revenue, in the county of Bibb.

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 of Roads and Revenue, for the county. Com'rs Court of Bibb, shall, from and after the passage of this act, be holden on the third Monday in February, May, August and December, in each and every year, instead of the time now prescribed by law.

When holden.

Sec. 2. And be it further enacted, That all laws and parts of laws contravening the provisions of this act, be, and the same are hereby repealed. Approved, Jan. 26, 1839.

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To appoint an additional Surveyor for the counties of Marshall, Randolph and Madison. 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, the Judge of the County Court of said counties, together with the commissioners of roads and revenue, be, and they are hereby authorized and required to appoint Appoint ad. an additional Surveyor for the said county of Marshall, who shall be ditional sur- governed by the laws and regulations now provided for the regulaveyor fr mar- tion of County Surveyors: Provided, however, That the Tennessee shall county. river shall be the line of demarcation between the residences and privileges of the counties aforesaid.

Sec. 2. And be it further enacted, That the Judge of the County Court and Commissioners of Roads and Revenue of the county of For Randolph Randolph, be, and they are hereby authorized and required to appoint an additional Surveyor in said county, north of the meridian of Wedowee, in said county, any law to the contrary notwithstanding. Sec. 3. And be it further enacted, That the County Court and

Commissioners of Madison county, be, and they are hereby author- For Madison. ized to appoint an additional County Surveyor for the county of

Madison.

[No. 25.]

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AN ACT

Approved, Jan. 19, 1839.

The better to provide for the advertising of Lands and Negroes levied on by the Sheriff of Dallas 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 first day of February next, it shall be the du- Sheriff to adv ty of the Sheriff of Dallas county, when any lands or negroes shall be property, un levied on to satisfy any execution to him directed, to advertise the newspaper. sale of the same in some newspaper published in said county of Dallas.

der exec'n in

Printer's

Sec. 2. And be it further enacted, That the sum of two dollars shall be allowed to the printer or proprietor of the newspaper in compensation which such advertisement may be made, which shall be paid by the defendant or defendants in execution.

Sec. 3. And be it further enacted, That the Sheriff of said county of Dallas shall make an item of the above mentioned sum in his bill of cost, and shall collect the same as other costs: Provided, That nothing herein contained shall be construed to dispense with the advertisement now required by law. Approved, Jan. 17, 1839.

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to holden on

To change the time of holding the County Court in the county of Benton. Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That hereafter the County Court for the county of Benton, shall be holden on the second County court Monday in January and July in each and every year, and that all pro- 2nd Mondays cess now issued, returnable to any other time, be made returnable to of Jan'ry aud July. the times herein provided, and that said court continue in session un-` til the business is disposed of. Approved, Jan. 26, 1839.

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To authorize the Court of Commissioners of Revenue and Roads in the county of Ben ton, to levy a special tax, 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 the Judge of the County Court and Commissioners of Revenue and Roads in the county of Benton, are hereby authorized to levy a tax in three annual instalments sufficient, if they think proper to liquidate the debt incurred by said county for the building a Court House, and for the erection of a Jail in said county.

Sec. 2. And be it further enacted, That said court are hereby authorized, in their discretion, to allow William Orear, Sheriff of said county, any sum not exceeding ten per centum on the amount of tax collected by him in the years eighteen hundred and thirty-seven and eighteen hundred and thirty-eight, for his services therefor, any law to the contrary notwithstanding.

May levy a in Benton ety special tax

Sec. 3. And be it further enacted, That the Judge of the Coun- May levy a ty Court and Commissioners of Roads and Revenue for Conecuh tax in Conecuh county. county, or a majority of them, be, and they are hereby authorized to

Elect Justice and constable

levy such tax as they may deem necessary to defray the current ex-
penses of said county: Provided, That nothing herein contained
shall be so construed as to authorize the said Judge and Commission-
ers to add more than one hundred per centum on the amount now
authorized by law,
Approved, Jan. 26, 1839.

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To divorce Elizabeth Dance from her husband Henry B. Dance. 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 spring term of said court, in the year eighteen hundred and thirty-eight, the bonds of matrimony heretofore solemnized and subsisting between Elizabeth Dance and Henry B. Dance, her husband, be, and the same are hereby dissolved and annulled, and that the said Elizabeth Dance be henceforth divorced from her husband Henry B. Dance.

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Approved, Jan. 28, 1839.

To repeal an act increasing the pay of Jurors so far as regards the county of Henry, approved, December the 21st, 1837.

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 the above recited act as regards the county of Henry, be, and the same is hereby repealed.

(No. 30.)

100044

AN ACT

Approved, Jan. 28, 1839.

To authorize an election of a Justice of the Peace and Constable, in the town of Maples. ville, in the county of Bibb, and for other purposes.

Section 1. Be it enacted by the Senate and House of Represen tatives of the State of Alabama in General Assembly convened, That there shall be an election held in the town of Maplesville, in Bibb county, on the second Monday in February next, for a Justice of the Peace and Constable, and that the qualified electors of said town shall be competent to vote in said election, and all those living within the following limits (viz:) boundary limits to commence one mile from the cross roads in said town, on the road leading out toward Centreville, in said county, and running thence to the road leading from Maplesville to Montevallo, in the most direct course to a point on said road, one mile from the cross roads in Maplesville, thence in the most direct course to a point on the road from Maplesville to Montgomery, one mile from the cross roads in Mapleville, thence the most direct course to a point on the road from Maplesville to Selma, one mile from the cross roads in Maplesville, thence in the most direct course to the beginning.

Sec. 2. And be it further enacted, That the Justice of the Peace so elected shall be vested with the like powers, receive the same Powers and fees, and be liable to the same penalties, and continue in office the same length of time that other Justices of the Peace of this State do; and the Constable thus elected, shall be qualified and commissioned as other Constables of this State, and shall be entitled to the same

liabilities.

privileges and powers, and be subject to the like responsibilities and liabilities to which other Constables are or may hereafter by law be subject; and shall continue in office the same length of time, and receive the like fees that other Constables do in this State.

Sec. 3. And be it further enacted, That said Justice of the Peace and Constables shall reside within the said town of Maplesville, or the before described limits.

Sec. 4. And be it further enacted, 'That the election for said Jus

tice of the Peace and Constable, shall be held in said town of Maplesville, by one Justice of the Peace of Bibb county, and two free- Election by holders or house-holders, in said town of Maplesville, in such place whom holden in said town as the said Justice of the Peace may direct, from eleven o'clock A. M. until two o'clock P. M. on the second Monday in February next, and at the time in like manner every third year thereafter forever.

Sec. 5. And be it further enacted, That if any vacancy shall oc- Fill vacancies cur in office of said Justice of the Peace or Constable, by death, resignation or otherwise, such vacancy shall be filled by an election as above prescribed, on ten days previous notice by advertisement pasted up in some conspicuous place in said town.

Sec. 6. And be it further enacted, That an additional Constable be elected in beat number ten, in the county of Chambers, in the same manner as now pointed out by law, and subject to the same restrictions and liabilities as other Constables of this State.

[No. 31.

AN ACT

Approved, Jan. 30, 1839.

To alter the mode of assessing and collecting the County Tax in the county of Butler, 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 from and after the passage of this act, the Judge and Commissioners of the county of Butler, shall on the first Monday or Tues- Appoint asday in February in each and every year after the passage of this act, appoint some fit and proper person to assess and collect the county tax of said county.

sessor & col.

Sec. 2. And be it further enacted, That the said Judge and Commissioners aforesaid, shall allow the said collector (out of the said compensation county tax then assessed and collected) such remuneration, as in their judgment they may think right and proper.

Sec. 3. And be it further enacted, That the Judge of the County Court, and Commissioners of Roads and Revenue for the county of Butler, shall fix the ex officio salaries of the Sheriff and Clerks of the Circuit and County Courts of said county, hereafter to be elected, any law or usage to the contrary notwithstanding.

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Approved, Jan. 31, 1839.

To change the time of holding the County Courts in Macon county.
Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of Alabama, in General Assembly convened,
That hereafter the County Courts of Macon shall be holden on the

first Monday in February and August, of each and every year, instead of the time as heretofore provided by law, and continue one week, should the business require it.

Sec. 2. And be it further enacted, That all writs and other process made returnable to said courts as heretofore provided by law, shall be made returnable to said courts as altered by this act.

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Approved, Jan. 31, 1839.

To authorize the Judge of the County Court and Commissioners of Revenue and Roads of Russell county, to levy a tax for the purpose hereinafter mentioned. 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 Revenue and Roads of Russell Levy tax to county, are hereby authorized to levy a tax for the purpose of building a jail in said county, suitable to the dignity and convenience of the same, to be collected in two equal annual instalments; the first during the present year, the second the succeeding year.

build a Jail

Sec. 2. And be it further enacted, That if in the opinion of the Discretionary officers mentioned in the first section of this act, the best interest of powers vest'd the county require it, they shall have power to levy a tax to build a court-house, to be collected in the same manner pointed out in the first section of this act.

in the court.

Appoint col❜r.

Relief to the

Sec. 3. And be it further enacted, That the Judge of the County Court and Commissioners of Revenue and Roads of Russell county, are authorized to appoint a collector to carry into effect the provisions of this act, and shall allow him for his services such compensations as they may think proper and right.

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Approved Feb. 1, 1839

For the relief of John Coleman and others, purchasers of the sixteenth sections. Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, purchasers. That John Coleman, Daniel W. Coleman and Thomas Waters (all of the county of Butler,) purchasers of the sixteen section of township eleven and range thirteen, be allowed the further time of twelve months, from the twentith of May sext, to pay the purchase money now due on the second and third instalments, and also the time of twelve months from the twentith of May next to pay the purchase money on the fourth and last instalment, which will be due next May.

Suit now pen

dismissed.

Sec. 2. And be it further enacted, That any suit now pending ding may be against said purchasers for any of said purchase money now due and unpaid, be forthwith dismissed on the payment of costs, by said purchasers.

Consent of se

curities necessary.

Sec. 6. And be it further enacted, That before this relief shall be extended to said purchasers, their securities shall sign a consent in uniting to the postponement of debts hereby created, which consent shall be deposited in the banks with said notes, Provided further, That said purchasrrs shall pay in advance on the first of March next eight per cent interest, on all the monies then due, and which may become due for the use of the township.

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