Bank to pay

amount, time, and place, at which the interest on the state loan is to be paid, on the two million and a half loan, authorised by this State, approved December the 23d, 1837.

Sec. 2. And be it further enacted, That the President and Directors of the Bank of the State of Alabama, and the Branch Banks at interest on Montgomery, Mobile, Decatur and Huntsville be, and they are hereState Stock by required to provide the means for paying promptly all the interest on the State Stock, at the time and place where the same has been contracted to be paid, in proportion to the amount thereof, held by them respectively. Approved Jan. 26, 1839.

Town of Aber

To incorporate the Town of Aberfoil in the County of Macon. Section 1. Be it enacted by the Senate and House of Represen. tatives of the State of Alabama in General Assemby convened, That the Town of Aberfoil in the County of Macon, be and the foil incorpora same is hereby incorporated, and that all the east half of the northeast quarter of the thirty-sixth section in township thirteen, and range twenty-three in said county be, and the same is hereby declared to be within the limits of the same.

ted.

corporate lim its.

Five Council

Term of ser vice.

Sec. 2. And be it further enacted, That on the first Monday of March next, or on a day subsequent, as soon as may be convenient, and in each and every year thereafter, an election by ballot, shall be held for five Councillors, resident housholders, at some convenient lors to elected public place in said town, who shall serve for the term of one year; the first election shall be conducted and managed by Lewis Stondenmire, Charles G. Lynch, Thomas Scott, David Hudson, and A. J. E. A. Jackson, or any three of them, and all subsequent elections shall be held by such persons as said Councillors may appoint for that and the said Councillors, when elected, shall in each purpose and every year, elect from their own body an Intendant, whose duty it shall be to preside and keep order at their meetings, and in his absence any other member may be called to the chair, and the said Councillors shall be, and they are hereby constituted a body corporate, by the name of the Intendant and Council of the Town of Aberfoil, and by that name, they and their successors in office shall be capable in law, of suing and being sued, pleading and being impleaded in all manner of suits, either in law or equity. Also to have and to keep a common seal, and the same to alter at pleasure, and in general to do all acts which are incident to bodies corporate, and to purchase, hold and dispose of, for the benefit of said Town, real, personal and mixed property to the amount of five thousand dollars.

laws.

Sec. 3. And be it further enacted, That the said corporation, shall have power to pass all such ordinances, and resolutions, and make all such regulations, as may by them be deemed necessary for To pass by the good order and government of said corporation, to tax, restrain or prohibit all shows and exhibitions for amusements, to prohibit every species of gambling and execute penalties and inflict punishments by confinements in the stocks, not exceeding six hours for drunkenness.profane swearing and obscene language,and for all and every other immoral and disorderly conduct. To regulate patrols when ne

eessary, to keep in repair the streets of said Town, and impose fines for trespasses on the same. To collect taxes on polls, and on real and personal property within the corporotion. To grant licenses to retailers of spiritous or vinous liquors, and regulate, restrain or prohibit retailing when deemed a nuisance. To prevent free people from trading with slaves without the consent of their owners or overseers and in general to pass such by-laws, as said corporation may deem expedient to carry into effect the intentions of this act, the sime not being contrary to the constitution and laws of this State.or of the United States, and the same to put in execution, and revoke and alter, when deemed necessary; said corporation shall have power to appoint a Treasurer, a Constable, and such other officers as they may deem necessary, and allow such compensation, and require such securities as they may deem proper; they may impose such fines for breaches of their by-laws as they may think just and proper, not exceeding ten dollars for any one breach of the same, all of which fines shall be sued for in the name of the corporation before the Intendant or any Justice of the Peace, and the moneys when recovered, shall be paid to the Treasurer, for the benefit of said Town, Provided, that this act, and all by-laws and ordinances passed by the authority of the same, shall be subject to revision or repeal by the General Assembly.

Sec, 4. And be it further enacted, That when vacancies shall happen in the board of councillors from any cause, they shall be filled by the board, and the member or members so added, shall continue in office until the next annual election.

Vacancies to

be filled.

To appoint a

Sec. 5. And be it further enacted, That the said board of councillors shall appoint a cierk whose duty it shall be to keep a fair record of their proceedings and ordinances, and who shall publish the same in three or more public places in said town, and that Clerk. the said Intendant and councillors shall severally, before they enter on the duties of their appointments, take an oath, before some person authorised to administer the same, that they will faithfully discharge the duties required of them by this act, without favor or partiality.

Sec. 6. And be it further enacted, That all white male inhabitants of the age of twenty-one and upwards, that have resided in said

town three months preceding an election for councillors and all free Who are qual holders and lot holders or owners qualified in other respects as afore-fied voters. said, shall be entitled to vote for councillors.

Sec. 7. And be further enacted, That all persons residing within

road duty.

the limits of the corporation, shall be exempt from working on roads Exempt from without said corporation.

Sec. 8. And be it further enacted, That the Intendant of said Town of Aberfoil, shall be, and he is hereby authorised and empowered to exercise all the jurisdictional duties and powers which appertain to, Intendant to and are exercised by justices of the peace in Macon county, and shall exercise du be subject to the same penalties and liabilities; and the constable au- ties of Jutice thorised to be appointed by this act, shall possess all the powers and of the Peace be authorised to discharge all the duties which other constables of

said county are authorised to perform, and said constable and his securities shall be subject to the same penalties and liabilities as attach, by law, to other constables; and such constables shall give a bond with such securities, and for such amounts, as shall be determined by the Intendant and council of said corporation, for the faithful performance of their duties, and which shall be filed in the office of the county court of said county. Approved, January 26, 1839.

To organize and establish separate Courts of Chancery. Section, 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the State of Alabama shall be and is hereby divided into six Chancery districts, to be composed as follows, to wit: the First District of the counties of Mobile, Washington, Clarke, Monroe, Baldwin, Conecuh and State divided Covington; the Second District, of the counties of Montgomery, Mainto Districts. con, Russel, Barbour, Henry, Dale, Pike and Butler; the Third Dis

holden.

trict, of the counties of Sumter, Marengo, Greene, Perry, Dallas, Lowndes and Wilcox; the Fourth District, of the counties of Jefferson, Shelby, Bibb, Autauga, Coosa, Tallapoosa, Chambers, Randolph, Talladega and Benton; the Fifth District,of the counties of Tuscaloosa, Pickens, Marion, Fayette, Walker, Blount, St. Clair, Cherokee and De Kalb; and the Sixth District, of the counties of Jackson, Madison, Limestone, Lauderdale, Franklin, Lawrence, Morgan and Marshall.

Sec. 2. And be it further enacted, That the Courts of Chancery shall be held in each of the aforesaid Districts, twice a year, at the plaChancery ces following, to wit: for the first district, in the city of Mobile, on Courts when the second Mondays of May and November, in each and every year, and continue in session three weeks, unless the business be sooner disposed of; also, in the town of Monroeville, in Monroe county, on the second Mondays of June and December, in each and every year, and continue in session one week; for the second district in the town of Clayton, in Barbour county, on the third Mondays of June and December, in each and every year, and continue in session one week; also in the city of Montgomery on the first Mondays after the third Mondays of June and December in each and every year and continue in session two weeks; for the third district, in the town of Cahawba, in Dallas county, on the third Monday, after the third Mondays of June and December, in each and every year, and continue in session two weeks; also, in the town of Eutaw, in Greene county on the fifth Mondays after the third Mondays of June and December, in each and every year.and continue until the business is disposed of; for the fourth district, in the town of Talladega, in Talladega county, on the first Mondays of February and August, in each and every year, and continue in session, two weeks: also, in the town of Columbiana, in Shelby county, on the fourth Mondays in February and August, in each and every year and continue in session one week; for the fifth district, in the city of Tuscaloosa, on the first Mondays of March and September, in each and every year, and continue in session two weeks; also, in the town of Blountsville, in Blount county, on the first Mondays after the fourth Mondays of April and September, in

each and every year, and continue in session one week; and for the fourth district, in the town of Moulton, in Lawrence county, on the first Mondays after the fourth Mondays of May and November in each and every year and continue in session two weeks; also, in the town of Huntsville, in Madison county on the third Monday safter the fourth Mondays of May and November in each and every year, and continue in session until the business is disposed of.

vision.

Sec. 3. And be it further enacted, That the first, second, and third districts, sheli be known and called the Southern Chancery Southern Style division; and the fourth, fifth and sixth districts, shall be called and Chancery diknown as the Northern Chancery division; and for each of said Chancery divisions, there shall be elected by joint vote of both Houses of the present General Assembly, a Chancellor who shall hold his office for the term of six years, and shall reside in the division for which he may be elected; said Chancellor shall hold said Chancery Courts hereby established, and shall be vested with and exercise the powers and perform the duties hereinafter specified.

held from circuit Judges.

Sec. 4. And be it further enacted, That all the powers now exercisChancery ju ed by the present Judges of the circuit courts in chancery, are here. ris'dtion with by withdrawn from said Judges and said circuit courts, and vested in the courts of chancery, and the chancellors hereby established; Provided, that the several Judges of the supreme and circuit courts may award writs of injunction and ne exeat returnable into said courts of chancery.

Chancillors to

isters.

Sec. 5. And be it further enacted, That said chancellors shall appoint a register for each of said courts hereby established, in each appoint Regof their respective divisions, whose duty it shall be to perform all the duties pertaining to the office of register and master in chancery for the court at which he may be so appointed; and said registers shall hold their office for the term of four years.

give Bond.

Sec. 6. And be it further enacted, That the said registers before they enter upon the discharge of their duties, shall respectively give Registers to bond in the sum of ten thousand dollars with securities to be approved of by said chancellor, payable to the Governor and his successors in office, for the faithful discharge of the duties of their respective offices, which bonds shall not become void by reason of any recovery thereon, but may be sued on as often as a cause of action may arise, and said registers shall receive for their services, such fees and allowances as are now allowed to clerks of the circuit courts for like services.

Clerks to de

Sec. 7. And be it further enacted, That the clerks of the cir- liver over pacuit courts of the counties of Mobile, Washington and Baldwin, shall pers. at or before the first term of the court of chancery for the first district, deliver to the register of the court of chancery in the city of Mobile, the original papers in all suits in chancery then pending, and undetermined in said circuit courts, together with certified transcripts of all entries made in said suits in said circuit courts; and the clerks of the circuit courts of Clarke, Monroe, Conecuh and Covington counties, shall make a similar return to the register at Monroeville; and the clerks of the circuit courts of Montgomery, Macon, Butler and Pike counties, shall make a similar return to the register

in the city of Montgomery; and the clerks of the circuit courts of Russel, Barbour, Henry and Dale counties, shall make a similar return to the register in the town of Clayton in Barbour county; and the clerks of the circuit courts of the counties of Sumter, Greene and Marengo counties, shall make a similar return to the register at Eutaw, in Greene county; and the clerks of the circuit courts of Wilcox, Lowndes, Dallas and Perry counties, shall make a similar return to the register at Cahawba, in Dallas county; and the clerks of the circuit courts of Jefferson, Shelby, Bibb and Autauga counties, shall make a similar return to the register at Columbiana, in Shelby county; and the clerks of the circuit courts of Benton, Talladega, Randolph, Chambers, Tallapoosa and Coosa counties, shall make a similar return to the register at Talladega, in Talladega county; and the clerks of the circuit courts of Marion, Walker, Tuscaloosa, Pickens and Fayette counties, shall make a similar return to the register at the city of Tuscaloosa, and the clerks of the circuit courts of blount, Cherokee, DeKalb and St. Clair, counties, shall make a similar return to the register at Blountsville, in Blount county; and the clerks. of the circuit courts of Jackson, Madison, Morgan and Marshall counties, shall make a similar return to the register at Huntsville, in the county of Madison; and the clerks of the circuit courts of Limestone, Lauderdale, Franklin and Lawrence counties, shall make similar return to the register at Moulton, in the county of Lawrence, Provided, that where the proceedings in law and chancery have been kept separate, such clerks shall deliver all records, books, files and papers in said circuit courts pertaining to the same as a court of chancery to the registers as aforesaid, and from and after the said first term of the said courts of chancery all causes and proceedings in said circuit courts in chancery, shall be transferred to and be heard and determined in the courts of chancery at the places in their respective districts hereinbefore designated.

Sec. 8. And be it further enacted, That the several sheriffs and Sheriff's and Coroners of the respective counties in this state, shall execute and reCoroners to turn all process awarded and issued from said courts of chancery and execute pro be officers of said courts and the sheriffs or coroners of the counties

cess.

Suits to be transferred.

in which said courts of chancery shall be holden, shall be sheriff of said courts of chancery, and shall attend its sittings and they shall receive for the services they render in obedience to said courts of chancey such fees as are now allowed for like services.

Sec. 9. And be it further enacted, That all causes and suits in chancery which may hereafter arise in any of the counties of this State, shall be returnable to and determined by the said courts of chancery to which the unfinished chancery business pending in the circuit courts of said counties is required to be transferred by the seventh section of this act.

Sec. 10. And be it further enacted, That said chancellors shall Vested with be vested with, and exercise all the powers and perform all the duties which are usual and customary for chancellors to do and perform.

power

Salary.

Sec. 11. And be it further enacted,`That said chancellors shall each receive for their services, two thousand dollars annually to be paid to them quarter-yearly.

4