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Corporation also have power to appoint a Treasurer, Assessor, Tax Collector and their own of. Constable, and such other subordinate officers as they may think ficers and im-necessary, and by ordinance, to require such security from the sevneglect of du: eral officers so appointed, to annex such fees to the several offices,

to impose such fines for neglect of duty in office, not exceeding tweniy dollars, as they shall deem necessary. They are also hereby empowered to lay and collect such fine or fines, not exceeding ten

dollars, for a breach or breaches of their by-laws, as they may deem Proviso. proper: Provided always, that in all cases where they impose a

greater fine than two dollars, an appeal shall be from their decision Fines collec; to the Circuit or County court of Morgan county, and all fines imto Treasurer. posed and collected by said corporation, shall be paid to the Treas

urer for the benefit of said town.

Sec. 4. And be it further enacted, That the said corporation shall have full power and authority, annually, to levy and assess a tax

not exceeding one fourth of one per cent upon the value of all real Corporation, power to levy property in said town, to be assessed by the Assessor and Collector, and assess an according to such regulations as they may deem necessary and propannual tax.

er, and five cents on every hundred dollars on the amount of merchandise, domestic or foreign, and for every slave under sixty years, seventy-five cents, and for all free male negroes and mulattoes over twenty-one years, one dollar each; and for all free white males above the age of twenty-one years and not exceeding forty-five years, seventy-five cents each, and for all pleasure carriages, twenty-five cents on every hundred dollars of iheir estimated value, and for every gold watch kept for use, fifty cents, and for every silver or other watch kept for use, twenty-five cents, and for every clock kept for use, twenty-five cents, and no other corporation taxes than herein specified in this act, shall be laid or collected in said town.

Sec. 5. And be it further enacted, That when any vacancy shall happen in the Board of Councillors by death, resignation or

otherwise, such vacancy shall be filled by the board, and the memVacanci es, ber or members so elected, shall continue in office until ihe next an

nual election for councillors; and if there should be a failure to hold the annual election for councillors on the day mentioned in this act, for that purpose, it shall be lawful to hold said election at any time within one inonth after, and the Board of Councillors in office, anterior to every such election shall not be dissolved until such eleclion shall be held and the Councillors elected, duly qualified.

Sec. 6. And be it further enacted, That the said Intendant and Intendant and Council shall appoint a Clerk, whose duty it shall be to keep a fair Councillors to record of their proceedings, and to publish the same, and all by-laws of Clerk. and ordinances, in some public newspaper, or at three several pub

.lic places in said town.

Sec. 7. And be it further enucted, That the Intendant and CounOath to be ta- cillors, first appointed or elected, under this act, and their succes-, dunt & coun-sors in office, shall severally, before they enter on the duties thereof

take an oath before some Justice of the Peace, that they will faithfully discharge the duties to them committed, without favor or partiality.

Sec. 8. And be it further enacted, That all white znale persons Qualification of electors." above the age of twenty-one years, who shall have resided within

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cillors.

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the limits of said town, three months immediately preceding an elec-
tion for Councillors, and all land-holders and free-holders therein,
shall be deemed qualified electors at such election.
Sec. 9. And be it further enacted, That the Intendant of said

Intendant, excouncil for said town shall be ex officio, a Justice of the Peace du- officio Justice ring the time he may continue in office, within the limits of' said of the Peace. town for the purpose of executing and carrying into effect, the bylaws and ordinances of said corporation.

Sec. 10. And be it further enacted, That all persons residing Citizens of within the limits of the said corporation, shall be wholly exempt exempt from from working on roads or performing road duty of any kind with-road duty. out said limits.

Sec. 11. And be it further enacted, That all acts or parts of acts not embraced by this act, or contrary thereto, be, and the same Repeal. are hereby repealed.

Approved, Jan. 19, 1839. (No. 24.1

AN ACT
To re peal an act, entitled an act to repeal in part an act now in force confining the col.

lection of debts before a Justice of the Peace in the beat where the contract was
made, so far as the county of Sumter is concerned,

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That any process issued by a Justice of the Peace, whereby any Process issu. person or persons, are required to answer before such Justice for any of the Peace debt or debts, which he, she or they may owe, shall be returnable returnable to to some place either in the beat where the defendant or defendants re- the beat side, or in the beat where the debt or debts were contracted; and if where the dethere be no Justice in the beat where the defendant or defendants sides or where reside, or the Justice from interest or other legal.objection, is incom-debt contracpetent to try the cause, then the process may be returnable to some place in any adjoining beat, and if there should be several defendants, the process may be returnable to some place in any beat in which one of them may reside, and every process issued contrary te the provisions of this act, shall be void, on niotion and proof, Process void made by the defendant or defendants thereof, to the satisfaction of ions of this the Justice trying such cause, and in every case by appeal in the act complied Circuit or County Court, the process shall be adjudged void, on plea of the defendant or defendants: Provided, that subpænas for wit. Proviso. nesses shall issue as heretofore.

Sec. 2. And be it further enacted, That all acts and parts of acts, contravening the provisions of this act, be, and the same are Repeal. hereby repealed, so far as regards the County of Sumter.

Approved, Jan. 19, 1939. [No. 25]

AN ACT
To Inco porate the town of Paynesville in the county of Sumter.
Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of Alabama in General Assembly convened,
That the town of Paynesville in the county of Sumter, be, and the

Incorporation same is hereby incorporated, including and embracing the following boundary and limits, viz: commencing at Sample’s bridge on the Suckanatchee river, on the north side thereof, and extending down

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limits

elected.

of electors.

Corporate and along the north bank of said river to Hodges' old serry, to low

water mark, thence in a direct line to the bridge in Teoch creek, thence up the said creek to the mouth of R. T. Payne's spring branch, thence up the said branch to the head thereof, thence due west, twenty poles, thence in a direct line to the first named bridge on said river.

Sec. 2. And be it further enacted, That an election shall be Councillors, held in said town, by James Hodges, Ransom T. Payne, A. M.

Griffin, John Thomas and Thomas M. Jones, or any three of them, on the first Monday in March next, and on the same day in every year thereafter, to commence at ten o'clock in the morning and close at three o'clock in the afternoon; for the purpose of electing by ballot, five councillors, inhabitants of said town, who shall serve for one year after they shall have been elected, and until their successors are duly qualified, and all subsequent elections shall be conducted by two of the councillors to be appointed by the board for that purpose.

Sec.3. And be it further enacted, That all free white male perQualification sons of said town, living and residing within the limits of said cor

poration, above the age of twenty-one years, are hereby authorized to vote at said election.

Sec. 4. And be it further enacted, That the said councillors so elec

ted, shall, on the next day after said election, in each and every year, Councillors to meet and elect by a majority of votes from their own body, an In

tendant, whose duty it shall be to preside and keep order at all meet

ings of said councillors, and in his absence or incapacity, any other Duties of In- member may be called to the chair; and the said councillors shall be, tendant.

and they are hereby constituted, a body corporate, by the name and Name & style style of the Intendant and Council of the town of Paynesville, and

by that name they, and their successors in office, shall be capable in law of suing and being sued, of plearing and being impleaded, in all manner of suits, either in law or equity; also to keep and have a

common seal, and the same to break and the same to alter and aPowers of Intendant and mend at pleasure, to pass such by.laws and ordinances, not contrary Councillors.' to the laws of the United States or of this State, as they may think

proper, for the government of said town, suppression and removal of nuisance, laying off and repairing the streets and ways as mar be within the above mentioned boundaries, to levy such tax on all personal property, within said town, as they may think proper, for all the purposes of a proper police, and a necessary revenue therefo , also such reasonable poll tax as they may think fit; to appoint patrols in said town, whenever necessary; and the Intendant of said town, is hereby vested with all the powers and privileges of a Justice of ihe Peace within the limits of said incorporation, and the Intendant and Council shall have power to do all acts incident to bodies corporale, and to purchase, hold and dispose of, for the benefit of said town,

real, personal or mixed property, to the amount of live thousand To elect trea- dollars, to elect a Treasurer, Clerk and Constable for their corpora. and constable tion, and the said Constable, so elected, shall be vested with all the

powers, privileges and duties of a constable, for the county of Sum

ellect and In. tendaat.

roads.

Councillors &

the

ter, and to whom the tax aloresaid, shall be given in, on oath, and
who shall collect and pay cver the same to the Treasurer of said
town.
Sec. 5. And be it further enacted, That the officers of said in-

Fees of office. corporation, shall receive for their services, such fees as may be allowed them by the latendant and Council of said town. Sec. 6. And be it further cracted, That if any vacancy oc

Vacancies, curs in said council, the same may be filled by the remaining coun- how filied. cil, and the member or members so added, shall continue in office until the succeeding annual election.

Citizens of Sec. 7. And be it further enacted, That all persons living corporation within said corporation, shall be exempt from working on roads, exempt from

working on other than those within the limits thereof. Sec. 8. And be it further enacted, That if from any cause, the

Extra clec. regular annual election of the councillors for said town should not

tions for countake place, at the proper time, or the councillor should fail to hold cillors, how

holden, said election as herein before provided, any two free-holders or house holders of said town, shall be authorised to hold an election for councillors for said town, after having given five days notice of the time and place of the same, by advertisement posted up in said town.

Sec. 9. And be at further enacted, That the Intendant and Intendant and Council and other officers of said town, before they enter upon other officers duties of their respective offices, shall take and subscribe an oath be- to take oath

of office. fore some Justice of the Peace for said county, faithfully and correctly to discharge the duties to them committed, according to the best of their abilities, without favor or partiality.

Approved, Jan. 19, 1839. (No. 26.1

AN ACT To amend and consolidate the laws in relation to County Treasurers. Section 1. Be it enacted by the Senale and House of Representatives of the State of Alabama in General Assembly con- County Treavened, That there shall be elected in each of the counties of this surer to be e

lected. State, by the Commissioners Court of Roads and Revenue, a County Treasurer, who shall hold his office for the term of three years; and to give bond before he enters upon the duties of his office, enter into bond with and security: good and sufficient security in double the amount of the estimated revenue of his county, payable to the Judge of the county court, and his successors in office, conditioned in words, or to the effect, following, to wit: The condition of this obligation is such, that if the above bounden

shall from time to time, and at all times, render a just and true account to the commissioners court of roads and revenue of

county, when thereunto required, of all the moneys, securities, stock, and other property, of said county, which shall come to his hands, or be committed 10 his charge, and deliver the moneys, stock, securities, and other properly of said county, in his hands, together with all documents, instruments of writing, papers, and bouks, belonging to or for the use of said county, to his successors in office; and shall answer for all waste, embezzlement, or destruction of the said moneys, securifios, documents, instruments of writing, papers or books, which shall be done or committed, by any person or persons which may

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claims.

be employed by him, in said office, and shall receive and pay out all moneys according to the provisions of this act, then this obliga. tion to be void, otherwise to remain in full force and effect; which bond shall be approved by the Judge of the county court, and deposited in the office of the clerk of ihe county court, with the following oath, taken and subscribed before some officer competent to administer the same, and endorsed on the back of said bond, to wit: 1

do solemnly swear, (or affirm,) in the presence of To be quali. Almighty God, that I will faithfully discharge the duties of county

treasurer, imposed on me by law, to the best of my skill and ability, so long as I remain in office, so help me God. Whereupon the said Judge shall give him a certificate of his qualification, which shall be sufficient evidence of his right and authority to exercise and perform

all the duties appertaining to his office. To register

Sec. 2. And be it further enacted, That it shall be the duty of the Treasurer aforesaid, and each of them, to register, in a well bound book, to be furnished by the county, all the authenticated claims which may be presented against said county, designating the date of the claims, and the date of filing the same, which shall be also endorsed on the claim, the name, number, and amount; also, in whose favor the same is; which shall be numbered and registered in ilie order in which they are received and paid accordingly, and not otherwise.

Sec. 3. And be it further enacted, That the Treasurers aforesaid,

and each of them shall open an account in said book with himself as To open act's.

treasurer, and shall debit the same with all moneys which he may officially receive, specifying particularly the source from whence receive ed, the date of receiving and on what account, and the amount in distinct and separate items; and in like manner to credit the said account with all payments, setting out the number of claim, date of filing, name, in whose favor and amount) and at the same time shall mark on the register the word “paid,” opposite such claim, when the same shall be discharged; which account and register shall be laid before the Commissioners court of roads and revenue, at their first term in each and every year with the account properly balanced, and if found

to be correct shall be entered of record, and a copy thereof posted up be laid before at the court house door of such county; and on striking the balance Commissions of such account, should there remain funds in the treasury, the same

shall be carried to the debit of the treasurer, in a new account to be opened'in like manner as herein before directed; it shall be the duty of the Treasurers aforesaid, and each of them, also at the same time to report to said court the amount which his county is indebted, or the amount of funds in his hands, as may appear from his book, which shall be likewise entered of record, and a copy thereof posted at the court house door.

Sec. 4. And be it further enacted, That on the first day of the term of the first Circuit Court, in each year, in the several counties

in this State, should there be moneys in the county treasury, due To give no to any person or persons, the Treasurers aforesaid, and each of them,

are hereby required to give notice by advertisement at the court house door, that their claims will be discharged on application.

Accounts to

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