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county of DeKalb be, and they are hereby authorized and empow. Powers con ered whenever they or a majority of them shall deem it necessary to of c'y et and fer'd on judge purchase and receive title to any quantity of land not exceeding one C. of R. & R. hundred and sixty acres, which title shall be made to the Judge of the County Court and his successors in office, and shall vest in and be the property of DeKalb county.

Sec. 2. And be it further enacted, That said Judge and Commis

sioners are authorized to contract for the building of all necessary May contract houses for the purpose hereinafter mentioned, and every thing else for building. that is necessary to be done, the expenses of which shall be paid out of the County Treasury of the county, and such place shall be denominated the Poor House of said county.

Sec. 3. And be it further enacted, That whenever it shall ap

pear to the County Court that a person is a subject for public chari

for.

ty and support, he, she or they may, if there be a Poor House in Indigent per their county, order such person to be conveyed to the Poor House of sons provided the county, there to be taken care of and supported at public expense, and said court is authorized to employ some suitable person to superintend and take care of all the poor of the county.

paupers, &c.

Sec. 4. And be it further enacted, That it shall be the duty of Judge and the Judge of the County Court and Commissioners of Roads and Com'rs to ex Revenue, to meet at the Poor House at least once in six months, or amine situa oftener if they, or a majority of them think necessary: the time of tion of the such meeting to be appointed by them, they shall examine the situation of the paupers and the conduct of the person employed to take care of them, and shall have power to make such rules and regulations as to them may seem proper.

ted in each

Sec. 5. And be it further enacted, That at the first court to be holden by the Judge and Commissioners, after they shall have come Two persons to such determination, they shall appoint two persons in each Cap to be appointain's beat, who shall act as overseers of the poor, whose duty it shall beat as overbe to report to each Commissioners' Court, what persons are within seers of poor. the limits of their beats, proper subjects of public support, whereupon the court shall inquire into the facts of the case, and order them to be conveyed to the Poor House, and when vacancies occur by death, how filled. resignation or otherwise, they shail be filled by the Judge and Com

missioners.

Vacancies

Sec. 6. And be it further enacted, That the Judge of the Coun. ty Court shall take bond and good security from the person employ- Superintend ed to superintend the poor, conditioned for the faithful performance ant give bond of his th such penalty as he may require, which shall not be void on the recovery, but may be sued on as often as the Judge and Commissi s shall be of opinion that the conditions have been violated, and the Judge and Commissioners shall have power from time to time make such rules and regulations for the support of the poor at the Poor House, as to thein may seem to comport with their comfort and the economy of the funds of the county.

Sec. And be it further enacted. That the Judge of the County Court and Commissioners on authority, to appropriate so much of the revenue of said county as will be sufficient to carry this act into effect. Approved, Feb. 1, 1839.

Collect tax to build Jail

AN ACT

No. 100.
To authorize the Judge of the County Court and Commissioners of Roads and Revenue
of Dallas county, to levy and collect an extra tax.

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 of Dallas
county, be, and they are hereby authorized and empowered to levy
and collect a special tax, sufficient to defray the expenses of building
a jail for said county.
Approved, Feb. 2, 1839.

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To authorise and require the Tennessee Canal Commissioners to ascertain whether any thing be due to John R. and S.S. Henry, and if so. to settle with them accordingly. Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, Tenn. Canal That the Tennessee Canal Commissioners are authorised and requir Com'rs to in: ed diligently to investigate the claims of John R. and S. S. Henry, vestigate the claims of Jno. for additional pay on account of work done on the Tennessee cânal, R. and S. S. first giving reasonable notice to the said Henrys of their readiness, and affording them an opportunity to produce any evidence they may have of the justness of their claim.

Henry.

Com's to take oath.

Investigation

ted.

Sec. 2. And be it further enacted, That the said commissioners shall take an oath, before a justice of the peace, or other competent person, diligently to investigate and examine all the facts and evidence of the claim, and impartially to decide on its merits.

Sec. 3. And be it further enacted, That the said commissioners shall first ascertain whether a settlement has or has not already been made according to the contract, and whether or not any mistake.or how conduc. error has occurred from any cause. If they shall ascertain a settlement has been made in strict conformity with the contract of the Henrys, and that no mistake or error has occurred to their injury, and without their consent, they shall decide accordingly. If the said commissioners find that from any cause beyond the assent and control of the said Henrys, the proper settlement has not been made, then they shall ascertain the difference between what has been allowed and paid them, and what should have been allowed and paid them. And for this purpose full power and authority are hereby given to said commissioners to subpoena witnesses; or take their testimony under oath, or give such weight to documents and oral statements as they may think proper under their oath. And should said commissioners find any thing in equity and justice due to said Henrys, they shall certify the amount under their hands and seals, and the same shall be paid out of any portion of the canal fund in any of the banks or branches, not otherwise set apart and appropriated.

gislature.

Sec. 4. And be it further enacted, That said commissioners shall Report to Le- make a full and complete report to the next session of the legislature of the result of their investigations, under and in obedience to this act, and shall be entitled to receive two dollars and fifty cents per day for the time they may spend in the discharge of the duties required under this act.

Sec. 5. And be it further enacted, That should the Henrys be allowed any thing on settlement, and that there are no funds in

the hands of the canal commissioners, then in that case there shall be appropriated a sufficient sum out of the interest arising from the canal fund to discharge said claim: Provided, that no part of the forty thousand dollars appropriated at the last session of the General Assembly, for the completion of the Muscle Shoals canal, shall be applied to any such payment, unless there shall be found to be an excess of the same over and above the sum necessary to complete the . three and a half miles at the upper end of the present canal. Approved, Feb. 2, 1839.

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Relinquish land to State.

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That Lemuel Pounders of the county of Franklin, be and he is hereby authorised to relinquish to the State of Alabama, the two twenty acre tracts of land by him entered lying in the north east quarter of section twenty-one, in township seven and range twelve west of the basis maridian of Huntsville, by filing his relinquishment with the register and receiver of the land office at Courtland. Sec. 2. And be it further enacted, That upon the said Lemuel Pounders filing said relinquishment as is required in the first section of this act, the register and receiver of the land office at Courtland Duty of Re gister & Re. is hereby authorised and required to place the amount paid by the ceiver at Courtland. said Pounders, on the above entrys, to his credit in the payment of any instalment or instalments that may be due from the said Pounders for the entry of two twenty acre tracts in the northwest quarter of section twenty-one of township seven and range twelve, west of the basis maridian of Huntsville, any law to the contrary notwithstanding. Approved, Feb. 2, 1839.

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To change the name of a certain person therein named.

Sec. 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 name of Elenor Wal- Elenor We!don of the county of Chambers, be and the same ia hereby changed, and that the said Elenor Waldon be called and known by the name liams. of Elenor Williams, any law or usuage to the contrary notwithstand. ing. Approved, Feb. 2, 1839.

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For the relief of John Riddle, in the county of Madison.

don changed to Elenor Wil

in Madison co without li

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 may be lawful for John May peddle Biddle, to pedle on goods, wares and merchandise in the county of Madison, without license: provided however, that nothing herein contained, shall be so construed as to authorise the said John Biddle, to retail spiritous liquors; any law to the contrary notwithstanding. Approved, Feb. 2, 1839.

N

cence.

AN ACT

(No. 105.);
To compensate George Snider for coal delivered for the use of the Legislature.
Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of Alabama in General Assembly convened,
That the sum of sixty dollars and eighty cents, he and the same is
hereby appropriated to pay George Snider, and the Comptroller is
hereby directed to issue his warrant for the payment of the same.
Approved, Feb. 2, 1839.-

[No. 106.]

AN ACT

For the relief of Robert C. Cummings and Leonidas O. Spyker. Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, Branch Bank That the President and Directors of the Branch Bank of the State pay to Cum. of Alabama at Mobile, are hereby authorised and required to pay mings & Spy- over to Robert C. Cummings and Leonidas O.Spyker, in the funds of ker $2,000.

at Mobile to

Proviso.

́said Branch Bank, the value of two thousand dollars, in the place of
two bills of one thousand dollars each. number five, twenty-one and
and sixty; which were taken from the United States mail, near
Stockton, on the night of the nineteenth of January, eighteen hun-
dred thirty-eight: provided the said Cummings and Spyker, shall
execute an indemnifying bond, payable to the President and Direc-
tors aforesaid, with good and sufficient security against any loss to the
said Branch Bank.
Approved, Feb. 2, 1839.

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To authorise Judge and Commissioners of Revenue and Roads of the county of Pike, to levy and collect a county tax.

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 the county of Pike, be and they are hereby authorised o complete to levy and collect a county tax for the purpose of finishing and completing the court house and jail for said county, at Troy, the present county site.

ollect a tax

H. & Jail.

Sec. 2. And be it further enacted, That said Judge and commissioners may levy and collect as aforesaid, and for purposes aforesaid for one or more years, and until a sum sufficient for the purposes aforesaid, shall have been collected; and that said sum to be collected shall not be applied to any other purposes than that before mentioned. Approved, Feb. 2, 1839.

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To authorize John C. Whitset to erect a Toll Bridge across the Noxuba River.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That John C. Whitset, be and he is hereby authorized to erect a toll Autority to bridge over the Noxuba, river near Gainesville; and that he be entibuild bridge. tled to receive from each and every person crossing the same, the

following rate of toll, to wit: for every four wheel carriage, fify cents; for every two wheel carriage, twenty-five cents; for man and horse, twelve and a half cents; for every led horse or mule, four cents; for every head of cattle, hogs, sheep, or goats, two cents.

Sec. 2. And be it further enacted, That it shall be the duty of said John C. Whitset, his heirs or assigns, when the said bridge shall keep shall have been completed, to keep the same in perfect order and re- bridge in repair; and the said John C. Whitset, his heirs, or assigns, are hereby pair. rendered liable to make good all damages that any person may sustain from his, or their failure so to keep in repair said bridge: Provided, that this act shall not be so construed as to authorize the said John C. Whitset, to obstruct the passage of any boat or water craft, which can now or may hereafter navigate the said river: Provided Proviso. also, the said bridge shall not be erected within two miles by water, on said water course, of any bridge or ferry, already legally established: And provided further, that the right hereby vested shall expire after the lapse of twenty years, unless renewed by an act of the Legislature, or in some other legal mode. Appovaed, Feb. 2, 1839.

[No. 109.]

AN ACT

To compensate Samuel Oliver, Daniel Calaway, Arthur Stripling, Elizabeth T. Watson, Samuel Feagan, the legal representatives of Lewis Pugh, and Mary Harvey, for provisions furnished General Moore's Brigade.

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 one hundred and ninety dollars be paid to Samuel Oliver; to Daniel Calaway, one hundred and sixteen dollars; to Arthur AppropriaStripling, nineteen and a half dollars; to Elizabeth T. Watson, twenty tions. eight dollars; to Samuel Feagan, the sum of forty dollars; to the legal representatives of Lewis Pugh, the sum of one hundred and four dollars; to Mary Harvey, the sun of twenty-six dollars; out of any moneys not otherwise appropriated: Provided, the same has not been previously paid by the General Government, or the State.

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Approved, Jan, 19, 1830.

To authorize the Judge of the County Court of Lawrence County to appoint a Coroner for said County, in certain cases.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That whenever a vacancy in the office of Coroner for the county of Lawrence shall at any time exist, whether by death, resignation or otherwise, it shall be the duty of the Judge of the county court of said county, to appoint some suitable person to fill such vacancy, until the next session of the court of commissioners of revenue and roads; when said court shall proceed to elect a successor, as now provided by law.

Sec. 2. And be it further enacted, That this act shall take ef fect, and be in force, from and after the passage of the same. Approved, Feb. 1, 1839

AN ACT

[No. 111]
To permit Justices of the Peace for the two beats which meet in the City of Tuscaloosa
to hold their offices within either of said beats, 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, it shall be lawful for the justices of the peace, for the county of Tuscaloosa, for the two

Vacancy in ner how filled

office of coro

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