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Levy tax to and required to levy a special tax in said county for the purpose of build Jail building a jail in said county, which fund when so raised shall be

appropriated to the purpose as aforesaid, under the direction and superintendance of said commissioners or their successors in office.

Sec. 2. And be it further enacted, Thst if the fund so raised in eighteen hundred and thirty-nine, as aforesaid, should not be suffiContinue to cient for the purpose aforesaid, then and in that case the said judge and commissioners, or their successors in office shall from year to year, be authorised and required to levy said tax until a sufficiency is raised to pay for the building of said jail.

collect till jail is paid for

& R. to be

Sec. 3. And be it further, enacted, That the sheriff of said county shall be entitled to the same compensation, for collecting said tax, as is now provided for by law. -Approved, Feb. 2, 1839.

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To compensate the Commissioners of Revenue and Roads in the county of Covington 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, that the officers compo. sing the Court of Revenue and Roads in the county of Covington, Com'rs of R. shall each receive the sum of two dollars for each day they may be p'd $2 pr day. required to attend said commissioners court, to be paid out of the county treasury, on the certificate of the clerk of the county court, stating the number of days said officers has actually served and it shall be the duty of the county treasurer of said county to pay the amount so certified, out of any money in the treasury not otherwise appropriated.

Sec. 2. Be it further enacted, That if any one of said commissioners shall hereafter refuse or neglect to attend any commissioners Penalty for court, appointed by law in said county, not having a sufficient excuse not attending therefor, to be adjudged of by a majority of said court, to be heard

court.

compensate

and determined at their succeeding court, after such default, the of
ficer or officers so found in default, shall severally pay a fine of five
dollars, which fine when collected, shall be paid over into the coun-
ty treasury for county purposes, and it shall be the duty of said
court to enter judgment and issue execution for all fines which may
incur under this act.
Approved, Feb. 2, 1839.

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To authorise the Judge of the County Court of the county of Franklin and Commissioners of Roads and Revenue, to allow compensation to certain persons therein named 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, Court may That the Judge of the county court of the county of Franklin, tocertain per gether with the commissioners of roads and revenue are hereby authorised to make such allowance as they may think reasonable and right to Noble R. Ladd, administrator of the estate of Gregory D. Stone deceased for the benefit of the heirs of said decedant, Michael Dickson and Anderson Bean, for services rendered as judge of the court, clerk and sheriff at the trial of a certain slave named Mariah

sons.

the property of Farley D. Thompson, charged with the murder of a certain negro woman a slave, the property of James Hill, in February, eighteen hundred and thirty-eight, in the county of Franklin, to be paid out of any money in the county treasury not otherwise appropriated.

Sec. 2. And be it further enacted, That from and after the passage of this act, the judge of the county court and commissioners of roads and revenue of the county aforesaid, are hereby authorised to make such allowances as they may think reasonable and right, to the judge, clerk and sheriff of said county for similar services, whenever they shall have been performed, any law, usage or custom to the contrary notwitstanding. Approved, Feb. 2, 1839.

[No. 92.]

AN ACT

To provide for the payment of Captain Joseph T. Cook's company. Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the sum of three hundred and fifty-nine dollars, be, and the same is hereby appropriated to Captain Joseph T. Cook for moneys expended by him and his company on the march from Franklin county to Vernon, in eighteen hundred and thirty-six.

Sec. 2. And be it further enacted, That the Comptroller of Public Accounts draw his warrant upon the Treasurer in favor of Captain Joseph T. Cook for the above amount.

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Approved, Feb. 2, 1839.

To provide for the summoning of a Jury to attend the County Court of the county of
Marion.

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, the Clerk of the circuit court and the Sheriff of the county of Marion, shall cause to be drawn twelve persons, who shall be summoned to attend as jurors at each term of the county court in said county, which jurors shall be drawn and summoned in the same manner and shall receive the same compensation and be subject to the same liabilities as jurors who are summoned to attend the circuit courts of said county.

Sec. 2. And be it further enacted, That nothing in this act shall prevent the sheriff of said county from summoning talis jurors, when necessary, in addition to the original pannel as authorised by the first section of this act. Approved, Feb. 2, 1839.

(No. 94.)

AN ACT

$359 approp'd

12 Jurors to be drawn, &c

Talis jurors may be sum

moned.

Com'rs ap

For the relief William Jordan of Washington county. Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That Daniel Rain, John Wamack and Arnett W. Harrell, be and they are hereby appointed commissioners to settle and adjust on prin- point'd to setciples of equity and justice, the accounts and claims of William Jordau. Jordan for work and labor done in erecting a Jail and Court House in and for the county of Washington.

tle with Wm.

Incorporation

Sec. 2. And be it further enacted, That the Judge of the county court and Commissioners of roads and revenue of Washington county, be, and they are hereby authorised and required to pay to the said William Jordan, any balance that the commissioners appointed by the first section of this act may find due and owing to him the said William Jordan. Approved, Feb. 2, 1839.

(No. 95.)

AN ACT

To incorporate the St. Andrews Society of Mobile. Whereas, Gavin Yuille and others have associated themselves into a society for charitable purposes.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the said Gavin Yuille and his associates and their successors, be, and they are hereby incorporated, under the name and style of the St. Andrews Society of Mobile, and by that name shall be known in law, and by that name shall and may sue and be sued, plead and be impleaded, answer and be answered

Sec. 2. And be it further enacted, That the members of the Make by-laws said corporation shall have a right to make all such by-laws and regulations as to them may seem necessary and convenient for the government of the said Society, not inconsistent with the laws of this State.

Use a seal.

Sec. 3. And be it further enacted, That the said corporation. shall have and keep a common seal and the same alter at pleasure. Sec. 4. And be it further enacted, That the said corporation shall be capable in law to purchase, have, hold, use, take and reHold property ceive, possess, retain and enjoy any estate, real or personal of what kind soever: Provided, the amount thereof shall not exceed one hundred thousand dollars, and to let, lease, sell, alien or otherwise dispose of, the same in fee simple or for a term of years, as they may think proper, and that it shall be lawful for the said corporation to take, accept and hold forever, any charitable donations, gifts, devices and bequests of land or personal property, and to appropriate the same to the purposes of the said Society: Provided, it shall not exceed in amount, the aforesaid sum of one hundred thousand dollars: And provided further, that the funds raised by this Society, shall be applied to no other than charitable purposes, and if otherwise ap plied, this charter shall at once become null and void.

Sense of the

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Approved, Feb. 2, 1839.

To change the perquisites of the office of the Judge of the County Court of Dallas coun

ty, into a stated salary.

Section 1. Be it enacted by the Senate and House of Repre sentatives of the State of Alabama in General Assembly convened, That it shall be the duty of the managers appointed, to hold the next people to be general election in the county of Dallas, to hold at the same time an taken at next election requiring the voters that are in favor of giving the Judge of the County Court a stated salary, to endorse on their ticket the words salary, and those that are not in favor of it, the words no salary, and the sheriff shall make due return of such election, to the Court of

election

Commissioners of Reads and Revenue, next thereafter holden, whose duty it shall be to examine the polls, and should there be a majority of the voters endorsed salary, they shall allow, and are required to give such stated salary as to them shall seem meet and proper, and the perquisites of the office shall be collected by the Clerk, and paid into the County Treasury for the use of the county, instead of being paid to the Judge of the County Court as heretofore, and the Judge of the County Court shall receive no other fee, or reward for any business transacted by him as said Judge, except such as shall be allowed by the commissioners as aforesaid. Approved, Feb. 2, 1839.

(No. 97.)

'AN ACT

For the payment of Captain J. Pate's company of mounted Volunteers, and for other
purposes.
Section 1. Be it enacted by the Senate and House of Repre
sentatives of the State of Alabame in General Assembly convened,
That the sum of five thousand two hundred and nine dollars and nine-
teen cents be, and the same is hereby appropriated out of any monies
in the Treasury of the State not otherwise appropriated for the pay
of officers, soldiers, subsistence, forage and waggon, service of Cap-
tain Jeremiah Pate's company of mounted men, raised by order of
his Excellency the Governor, for the protection of the inhabitants of
Dale county, against Indian hostilities.

Appropriation

made.

Sec. 2. And be it further enacted, That the Comptroller of Public accounts is hereby required to draw his warrant on the Treasurer in favor of any officer or member of the aforesaid company for the full amount of his pay. also in favor of any person who may have fur- Payment how nished said company the usual articles allowed by the regulations of the army as designated by the payroll and schedule of claims made out and approved by the committee on indian affairs of the House of Representatives, which payroll and schedule shall be deposited in the Comptroller's Office by the Clerk of this House.

Sec. 3. And be it further enacted, That all warrants drawn under the authority of this act, shall be in conformity to the payroll and schedule aforesaid, both as respects the true name of the individual and the amount appearing to be due hina, and not otherwise.

Sec. 4. And be it further enacted, That the further sum of one hundred and twenty-two dollars be paid to William Harper for services performed for said company as Assistant Quarter Master and $132 to be p’d Commissary, and the Comptroller of Public Accounts is hereby auWm Harper thorized to draw his warrant on the Treasurer in favor of said Harper, for the above sum to be paid out of any monies in the Treasury not otherwise appropriated. Approved, Feb. 2, 1839.

[No. 98.]

AN ACT

Concerning the revenues of Marshall and Jackson counties. Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That Booker Smith and Thompson M. Rector be, and they are hereby appointed com-Commissioners appointed missioners in lieu of the commissioners appointed by the act for the establishment of Marshall county, whose duty it shall be to meet at the office of the treasurer of Jackson county and examine, ascertain and determine the whole amount of claims existing and unpaid against the

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county of Jackson, at the time of the establishment of Marshall counTheir duties. ty; also, to ascertain the amount that has been collected from the county of Marshall, under the provisions of said act, and determine the amount remaining due to Jackson county; all of which they shall certify to the County Courts of the respective counties, by the third Monday in February next: Provided, That if said commissioners should disagree, they shall call in a third person to be by them chosen, whose opinion and decision in regard to the matter of disagreement, shall be final and obligatory upon the respective parties.

Sec. 2. And be it further enacted, That the commissioners herecompensation by apppointed shall receive three dollars per day for each days atten dance in the discharge of the duties required of them by this act, to be paid by the Treasurer of Jackson county.

may

Sec. 3. And be it further enacted, That it shall not be lawful for County court the County Court of Jackson county, to assess and collect taxes in of Jackson co any portion of the county of Marshall, under the provisions of an act taxes in Mar- entitled an acto establish a county to be composed of parts of the shall during counties of Jackson and Blount, and for other purposes, approved the the year 1839 ninth of January, eighteen hundred and thirty six, during the year ge thousand eight hundred and thirty-nine, but in lieu thereof the Commissioners Court for the county of Marshall, may, and it shall be the duty of the Judge and Commissioners of Roads and Revenue of Marshall county, to cause to be assessed and collected from that portion of Marshall formerly composing a part of the county of Jackson, such sum in taxes as may be necessary for the payment of the remainder due to the county of Jackson, according to the settlement made by the commissioners appointed by this act, which shall be paid to the Treasurer of Jackson, during the present year: Provided, That if the sum so ascertained, shall exceed four hundred dollars, then the Commissioners Court of Marshall county may, if they deem it necessary and expedient, divide the sunr into two equal payments, to be made annually, and shall cause the taxes to be so assessed and collected, and paid to the Treasurer of Jackson county.

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es may be col. lected.

Sec. 4. And be it further enacted, That the Judge and Commissioners of Marshall county shall be, and are hereby vested with full power to carry into effect this act, according to its true intert and meaning.

Sec. 5. And besit further enacted, That if the sum herein provided for, shall be paid to the Treasurer of Jackson county at the en which tax-time required by this act, then the Commissioners Court of Jackson county shall proceed to assess and collect taxes according to the provisions of the act establishing Marshall county in the same manner as if this act had not passed: Provided, That as heretofore all legal aims which have been regularly filed against the county of Jackson, all be receivable in the payment of such taxes or sums of money to be paid to the county of Jackson. Approved, Feb. 2, 1839.

No. 99.)

AN ACT

For the support of Paupers in the county of DeKalb,
Section 1. Be it enated 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 for the

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