Sec. 5. And be it further enacted, That it shall be the duty of the Treasurers of their respective counties to receive and keep the moneys of their counties, to disburse the same agreeable to law, to take receipts for all moneys which they shall pay to prosecute or To take rebring suits for all debts or demands which are, or may be, due his ceipts. county; and the county and circuit court clerks are hereby required to report and pay over to the Treasurers of their counties, by the first Monday in November, in each and every year, as now prescribed by law, to be found in Aikin's Digest, 2d edition, page 605. The Treasurers are also required on or before the first of October, in each and every year, to exan.ine the accounts, dockets and records of the clerks and sheriffs of their respective counties for the purpose of ascertaining whether any moneys of right belonging to such county are in their hands, and proceed against such officers, should the same not be paid over as now provided by law. Sec. 6. And be it further enacted, That the Treasurers aforesaid, To make reare hereby required to make reports and give information to the ports. Commissioners court of roads and revenue of their respective counties, in person or otherwise, whenever required, respecting all matters in any manner belonging to the duties of their offices, and perform all such duties touching the finances of the county as may be required. ver books and papers. Sec. 7. And be it further enacted, That if any county Treasurer shall die, resign, be discharged, or cease to hold his office, then such treasurer, or if he be dead, his heirs, executors or administrators, shall fairly and regularly state the account, and deliver all the moneys, To deliver osecurities, stock, property, instruments of writing, and books of the county in his possession to the succeeding Treasurer, who shall make a report thereupon to the next Commisssioners court of roads and revenue thereafter, which if confirmed by said court, shall be entered of record, and be a discharge of the late Treasurer's bond, which in such case shall be delivered to him, his heirs, executors, administrators or asssigns. Sec. S. And be it further enacted, That hereafter, should a vacancy occur in the office of Treasurer, in any of the counties of this Vacancies State, the Judge of the county court shall fill the same by appoint- how filled. ment under the restrictions provided in the first section of this act, until the next Commissioners court thereafter, who shall proceed to the election of a county Treasurer, as provided in the first section of this act. Sec. 9. And be it further enacted, That it shall be the duty of Duty of el'ks. the circuit court clerks at the termination of all State prosecution, on issuing certificates for witnesses in behalf of the same, where the State fails to convict, or the defendant if convicted, is unable to pay the cost, (the court not taxing the prosecutor with the same,) to endorse and officially sign the same on said certificate which shall be sufficient evidence, and not otherwise, that it is a county charge, and that in all cases of change of venue in State cases, which has or may occur, where the State fails to convict, that the county where such suit was commenced, shall pay such cost as may be a county charge. term. Sec. 10. And be it further enacted, That if any person autho rized by law to collect the taxes in any of the counties of this State, shall fail to collect and pay the same to the county Treasurer, within the time prescribed by law, the Judge of the county court, if of his 'Judge of the county court own knowledge, or on complaint of the Treasurer, shall hold a to hold spec❜l special court within twenty days thereafter, to try such delinquent collector; and if it appear that he has so failed to collect or pay over such taxes, said court shall enter judgment in favor of the treasurer against such collector and his security, or securities in office, for the amount of such county taxes so due and unpaid, together with ten per centum, as damages on the amount: Provided, ten days notice shall be given to such delinquent collector and his security or secu chase claims. rities. Sec. 11. And be it further enacted, That if any of the county treasurers of this State, shall either directly or indirectly, by himself or agent, or through any other person or persons, purchase, Not to pur deal in, or traffic, in any manner whatsoever, in any claim or claims, debts or demands, or any liability whatsoever, against the county in which he is treasurer, he shall be deemed guilty of a misdemeanor, and on conviction thereof by indictment, shall be fined for each of fence, not less than ten nor more than fifty dollars; and the circuit judges are hereby required to give this section in charge to the grand juries of the different counties. Comp'nsation Treasur'r not To k'p books. Judgment. Sec. 12. And be it further enacted, That the several county treasurers of this State, and each of them, shall receive from time to time for their services such compensation as may be allowed by the Commissioners court of roads and revenue, not to exceed ten per cent. upon the moneys which he may pay out. Sec. 13. And be it further enacted, That no person shall at the same time hold or exercise the office of clerk of the county or circuit court, or sheriff, and that of county treasurer. Sec. 14. And be it further enacted, That the books of the several county treasurers of this State shall be kept in conformity with the forms hereunto annexed. Sec. 15. And be it further enacted, That if any county treasurer shall fail or refuse to pay any claim against the treasury, which he is bound by law to pay, when there are sufficient funds in the treasury to meet the payment of the same, judgment may be obtained against such treasurer, and his security or securities, on motion, he having had five days notice thereof, either in the circuit or county court, of the proper county, in the same manner that judgment is obtained against sheriffs and constables for failing to pay over money when collected. Sec. 16. And be it further enacted, That the Judge of the county court and commissioners of roads and revenue, shall have full power at any time to investigate the affairs of the treasurer's office, Removal, &c. and remove such treasurer, when they believe the public interest requires it. Sec. 17. And be it further enacted, That if after the institution of any suit by the county treasurer, a successor be appointed before the same be ended, then such suit shall not abate, but shall be cuted in the name of said successor. Sec. 18. And be it further enacted, That if any county treasurer shall fail to comply with the duties required of him by this act, he Penalty, &c. shall forfeit not less than one, nor more than two hundred dollars; to be recovered before any court having competent jurisdiction; one half to the use of the proper county, and the other half to the person suing for the same. Sec. 19. And be it further enacted, That the Secretary of State Secretary of shall cause one hundred copies of this act, with the forms hereunto State to disannexed, to be printed, and to distribute one copy thereof to each tribute &c. of the county treasurers of this State, by the first day of March next. Sec. 20. And be it further enacted, That all laws contravening the provisions of this act, be and the same are hereby repealed: Provided, this act shall not be construed to alter or discharge any obligations, or penalties incurred or entered into, under previous laws passed on the same subject. Sec. 21. And be it further enacted, That if any Judge of the coun Repeal. ty court of any county in this State, shall fail, refuse or neglect to Judge to ap appoint "three fit persons, once in each year, to examine the books point, &c. and vouchers of the county treasurers, and report the situation of the same, accompanied with a statement of all claims which have been filed; and also all claims which have been paid off by said treasurers," as they are required to do by law, each judge so failing, refusing or neglecting, shall forfeit and pay the sum of three hundred dollars, to be recovered at the suit of any person, by an action of debt, in any court of competent jurisdiction; one half to the use of the person suing for the same, and the other half to the use of the proper county. Register of the Claims and Demands against Date of claim. When filed. Name of claim. 1st Oct. 1838. 1st Nov. 1838. Order of Com's Court. A. B. Treasurer, in account current with Of whom A. B. County. No. In whose favor. Amt. Remarks. I 2 06 Paid. County. By Cash paid out, as follows: Taxes for 1838 1st Nov. 1838 $100 When filed. No 100 Name of claim. In whose favor. | Amf. To regulate Judical proceedings. Section 1. Be it enacted by the Senate and House of Represenatives of the State of Alabama in General Assembly convened, That hereafter, in all actions to recover damages for torts, the plaintiff shall recover no more costs than damages where such damages do not exceed five dollars, unless the presiding Judge shall certify that greater damages should in justice have been awarded. $100 Appeals. Process. Suits. Sec. 2. And be it further enacted, That in cases of appeals and writs of certiorari from judgments of Justices of the Peace, taken to the circuit or county courts, and in cases of appeal and writ of error, from the county court to the circuit court, when the judgment of the appellate court is final, such appellate court shall give judgment and award execution as well for the costs of the inferior as of the appellate court. Sec. 3. And be it further enacted, That when any process shall hereafter issue, which shall be required to be served or executed by the coroner, the same shall be directed to any coroner of the State of Alabama. Sec. 4. And be it further enacted, That in all suits to be commenced upon accounts for a sum not exceeding one hundred dollars, the oath of the plaintiff shall be received as evidence of the demand, unless the same be controverted by oath of the defendant; but this section shall not apply to the case of Executors and Administrators, Trustees and Guardians, when sued. Sec. 5. And be it further enacted, That where plaintiff shall bring suit as a firm or copartnership, it shall not be necessary for proof to be made, that the individuals named as plaintiffs constitute the members of the firm, unless the defendant puts the same in issue, by plea in abatement. Approved Jan. 19, 1839. To amend and revive an act to incorporate the Fairfield and Macon Railroad Company, Section. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, JI W Rhodes That the second section of said act shall be so amended as to read & LM Bullard to be Com'rs Henry W Rhodes and L M Bullard in place of J T Harrison and L M Bullard as commissioners: and the third section of said act which requires the stockholders to meet on the first Monday of May Stockholders next, and annually thereafter, shall be, and the same is hereby so amended, as to read "shall meet on the first Monday in July next, or at such time as the stockholders or a majority of them shall direct, and annually hereafter," from and after the passage of this act. meet Sec. 2. And be it further enacted, That the last proviso in the ninth section of said recited act shall be, and the same is hereby so Commence amended as to read, And provided also, that they shall commence the said Rail Road within four years and complete the same within ten years from the passage of the act, or forfeit the charter hereby given. Approved Jan. 19, 1839. ment and completion. To incorporate the Light Artillery Borderers. Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, Incorporation That the Light Artillery Borderers, in the counties of Coosa and Autauga be, and they are hereby incorporated into an independent company, subject to the order of the commander-in-chief only, Provided, they shall muster at least six times in each and every year. Sec. 2. And be it further enacted, That the members of said . company are hereby authorised to form a constitution and adopt by-To fm consitu laws for their government, not repugnant to the laws of this State or tion& by laws of the United States, which shall be obligatory on the members of said company. Sec. 3. And be it further enacted, That all moneys collected by any officer according to the by-laws of said company, for fines or contributions assessed against any member thereof, shall be paid over to any person authorised by said by-laws, to receive the same; and all moneys so collected shall belong exclusively to said company, and be entirely under their control. Not less than Sec. 4. And be it further enacted, That said company shall consist of not less than forty nor more than one hundred regular 40 more than members; and they may elect a Lieutenant in addition to the offi. 100 cers already authorised by law. Approved Jan. 19, 1839. [No. 30.] AN ACT To amend an act entitled, an act to incorporate the city of Montgomery, approved December 238, 1837. limits Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the city of Montgomery shall hereafter include within its cor- Corporate porate limits, fractional section twelve in township sixteen east of the Alabama river; the north east quarter of section thirteen in township sixteen and range seventeen; the north west quarter of section eighteen in township sixteen and range eighteen; the south west quarter of section seven in township sixteen and range eighteen; the north west quarter of section seven in township sixteen and range eighteen; and the west half of the south east quarter of section seven in township sixteen and range eighteen. Sec. 2. And be it further enacted, That all laws, and parts of laws, contravening the provisions of this act shall be, and the same are hereby repealed. Approved Jan. 24, 1839. [No. 31.] AN ACT Repeal To repeal so much of an act approved Dec. 23d, 1837, as authorises and requires the Gov- Sec. 2. And be it further enacted, That so much of the laws repealed by the above recited sections of said act, as requires the examination of the State Bank and its several Branches be, and the same is hereby revived and made valid. Approved Jan. 26, 1839. To provide for the payment of the interest on the State Bonds, by the State Bank and the several Branches. Made valid Presid't state Pres't and di Section 1. Be it enacted by the Senate and House of Represen- 'k to notify tatives of the State of Alabama in General Assembly convened, rectors of Br That it shall be the duty of the President of the Bank of the State of Banks. Alabama, to officially notify the President and Directors of the Branch Banks at Montgomery, Mobile, Decatur, and Huntsville, of the |