ternate.

Sec. 12. And be it further enacted, That the said chancellors Judges to alshall not preside twice in succession in their respective divisions, but shall alternate with each other.

Supreme

Sec. 13. And be it further enacted, That the supreme court shall court to have have appellate jurisdiction of all causes which may be tried in said appellate juCourts of chancery. Approved, Jan. 26, 1839.

[No 35.]

-0

AN ACT

risdiction.

To prevent surprise and injury to defendants in execution. Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That whenever any Sheriff, or other officer, shall levy upon the real estate of any defendant, it shall be the duty of such officer to give notice in person or in writing, by leaving the same at the most usual place of such defendant's residence, if the defendant resides in the Sheriff to noti fy defendant county; but if he be a non-resident of the county, by posting notice in execution in some conspicuous and public place on the land levied on, in addition to the notice now required by law; and that such officer enter in his levy or return on said execution, the fact of said notice being given in person, in writing or otherwise. Approved Jan. 24, 1839.

[No. 36.1

•.69་ཡ.
AN ACT

To establish the Swift Creek Manufacturing Company in the county of Autauga. Section. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That Benjamin W. Saxon, Edmund Harrison, Richard Morton, Henry D. Incorporation Homes, together with such persons as may hereafter become associated with them, be, and they are hereby made and constituted a body corporate, in fact and in name, under the style and title of Swift Creck Manufacturing Company, of the county of Autauga, and by that name, shall be, and are hereby made able and capable in law, to have, purchase, receive, possess, enjoy and realise to them and their successors, lands, rents, tenements, heriditaments, goods, chattels and effects of whatever kind, nature or quality, in any amount, not'exceedingin the whole, five hundred thousand dollars, including the capital stock of said company, and the same to sell, grant, demise, alien or dispose of, to sue and be sued, plead and be impleaded, answer and be anwered, defend and be defended in all courts having competent juris. diction, and to make use and have a common seal, and the same to break, alter and renew at pleasure. Provided, that this act be not so construed, as to grant Bankin prvilege.

Proviso:

Proviso

Sec. 2. And be it further enacted, That said body corporate shall have Number of power to prescribe the number of shares, into which the capital stock, which shares. by this act, said corporation is allowed to invest and employ, shall be divided; the mode in which it shall be taken, paid and transferred, and also to prescribe the mode by which stockholders may vote, and the number of votes to which each shall be entitled: Provided, neverthless, that the rule adopted, shall be uniform, equally preserving the rights of every stockholder, and also to provide by ballot, for the election of such officers as may be deemed. necessary for the government and proper management of the affairs of said corporation, and also to obtain, establish and put in execution, such by-laws, ordinances and resolutions, as they shall deem necessary and exp edien: for the government of said corporation, not being contrary to the constitution or laws of this State or of the United States, and generally to do and execute all and singular, the acts, matters and things, which to them it

shall or may appertain, to be subject, neverthless, to such restrictions as may hereafter be imposed by the Legislature, not incompatible with the obStockholders ject for which this act of incorporation was granted.

may vote.

Sheriff's to

give descrip

Sec. 3. And be it further enacted, That the said corporation shall cease, determine and be dissolved at the expiration of the term of twenty years from the passage of this act. Approved, Jan. 26, 1839.

[No. 37]

To amend the Laws relating to absconding Slaves. Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That hereafter, whenever any slave or person of color, shall be committed to either of the Jails of this State as absconding, the particular sheriff or jailor of the county, when such commitment is had, tion of slaves. shall within ten days thereafter cause a description of such slave or person of color to be published in the nearest newspaper published to said Jail; and if at the expiration of thirty days, the said slave or slaves shall not be claimed then, and in that case it shall be the duty of said jailor, to publish or cause to be published the same in a newspaper in the city of Mobile, Montgomery, Tuscaloosa and Huntsville, once a week, in each paper for six months, unless the said slave or person of color, be sooner delivered to the owner.

the owner.

Sec. 2. And be it further enacted, That the expense of such To be paid by publication, shall be paid by the owner of such slave or be deducted like other expenses out of the proceeds of the sale of any such slave or person of color in the event of a sale being made as is now required by law. Approvel, January 28, 1839. [No. 38.]

1940 044410

AN ACT

To incorporate the Carthage Male and Female Academy. Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That an academy be, and the same is hereby incorporated, in the county of Tuscaloosa, to be styled the Carthage Male and Female Academy, and that, Samuel J. Wilson, John Miller, John McCain Baker Hopson, Robert B. Gunn and George M. Hardwick and their successors in office, be and they are hereby declared to be a body politic and corporate, by the name and style of the Carthage Male and Female Acadamy; and as such shall be capable and liable in law or in equity, to sue and be sued, plead and be impleaded: and shall be authorised to make such by-laws and regulations as shall be necessaray for the government of said Academy. Provided, such by-laws are not repugnant to the laws and Constitution of this State and of the United States, and for that purpose may have and use a common seal, and appoint such officers as they may think proper, and remove the same for improper conduct or neglect of duty.

Sec. 2. And be it further enacted, That the said Trustees or 'body corporate shall be privileged to accept of and be interested with all manner of property, either real, personal or mixed; also all donations, gifts, grants, privileges and immunities whatsoever, which may be made or granted to said institution, or which may be hereaf ter conveyed or transferred to them or their successors in office, to

have and to hold the same for the proper use, benefit and behoof of said Academy.

Sec. 3. And be it further enacted, That when any vacancy may occur by death, resignation or otherwise, of any of the Trustees of said Academy, the survivors or the residue of said Trustees, shall fill the same in such manner as shall be pointed out by the bylaws and regulations of said incorporation.

Vacancy how filled.

Property free

Sec. 4. And be it further enacted, That all property owned by said Trustees in their aforesaid corporate capacity, shall be vested with such body coporate in perpetuity, for the use of said Academy, from taxation and shall be, and it is hereby declared free from all taxation.

Approved Jan. 26, 1839.

To establish a State Prison and Penitentiary.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, Penitentiary That a general Penitentiary and Prison for the State of Alabama, for established. the reformation and punishment of offences shall be, and the same is hereby established, which shall be located at such place not exceeding fifty miles from the centre of the State, as the General Assembly shall by joint vote select, in which shall be securely confined, employed in hard labor, all offenders who shall be convicted and sentenced according to law, to the punishment of solitary imprisonment and confinement therein at hard labor.

Sec. 2. And be it further enacted, That there shall be elected, at the present session of the General Assembly, by joint vote of both Houses, three commissioners, who, as soon as may be after their elec- Building comtion, shall procure plans, and proceed to have erected all such necessary buildings, as may be suitable and proper, for carrying into full execution, the purposes and intent of this act.

Sec. 3. And be it further enacted, That there shall be elected

at the present session of the General Assembly, by joint vote there

mittee.

of, three competent individuals, who shall prepare, to be submitted Code of Laws to the next session of the Legislature, a code of criminal laws, adap- to be prepar'd ted to the Penitentiary system of punishment, and a set of rules suitable to the organization of the Prison hereby established; and who shall receive for their services such compensation, as the General Assembly at its next session shall prescribe.

Sec. 4. And be it further enacted, That for the purpose of carrying into effect the provisions of this act, in providing the necessary land, and erecting the necessary buildings, herein before specified, the sum of thirty thousand dollars be, and the same is hereby appropriated.

Sec. 5. And be it further enacted, That the moneys appropriated in the foregoing section of this act, shall be disbursed under the direction of the Commissioners to be elected under the second section of this act, in the manner following, that is to say:-upon the certificate of said commissioners, that a certain sum of money is due and owing to any person, upon any contract concerning the purchasing of any lands, materials, and in the erection of the necessary build

C

Appropriation

Disbursem't of money,

ings, essential to carry out the purposes of this act, with the approval of the Governor endorsed thereon, the Treasurer of the State shall issue his check for the payment of the same.

Approved Jan 26, 1839.

To incorporate the Town of Clinton, in the county of Greene.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, Incorporation That all that tract or parcel of land, lying and being in the county of Greene, bounded on the east by the right bank of Trussell's creek, on the north by a line running due east and west one-fourth of a mile north from the public well in front of William R Dennis' Tarern, on the south by a similar line at the same distance from said well, on the west by a line running due north and south until it touches the north and south boundaries before mentioned, one half mile distant from the above mentioned well, shall be called and known by the name of the town of Clinton.

officers.

Sec. 2. And be it further enacted, That on the second Monday Election of in February next, and annually thereafter, between the hours of ten o'clock, A. M. and four o'clock P. M. an election by ballot shall be held for five Councillors, at some convenient public place in said town, and all free white male persons of the age of twenty years and upwards, who shall be land or house holders within the same, or shall have resided therein three months next preceeding such election, shall be entitled to vote for said Councillors, and when the election shall be closed, the managers thereof shall proclaim the result and give notice to the persons elected, who shall, on the following day or some day soon thereafter, meet at some convenient place in said town, and elect by ballot from their own body, an Intendant, whose duty it shall be, to preside and preserve order at all meetings of the council, and the persons so elected, shall continue in office until their successors are duly elected.

first Election.

Sec. 3. And be it further enacted, That the first election shall be held and conducted by A. P. Barry, George Frederick, George Managers of W Blair, C. G. Baldwin and William R. Dennis, or any three of them, who shall give ten days notice of the time and place of holding said election by putting up a notice in three or more public places in said town, and all future elections shall be managed by such persons, not exceeding three in number, as the Intendant and Council shall annually appoint, who shall give the like notice of the time and place of holding the same: and the Intendant and Council respectively shall, before entering on the duties of his or their office, take the following oath before some Justice of the Peace of Greene County, to wit:I, do solemnly swear, that I will equally and impartially perform all the duties required of me by the act, incorporating the town of Clinton, so help me God.

Sec. 4. And be it further enacted, That the Intendant and CounIntendant and cil are hereby declared to be a body corporate, by the name of the clared a body Town of Clinton, and by that name they and their successors, shall corporate. be capable of suing and being sued, pleading and being impleaded,

Council de

in all manner of suits, either in law or equity; to have a common seal, and the same to alter at pleasure, and may purchase, have, hold, possess, receive, enjoy and retain, in perpetuity, or for any term of years, any estate real or personal, not exceeding in value five thousand dollars, and may sell or lease the same.

Sec. 5. And be it further enacted, That if the Intendant die, resign, be removed from office, or absent, the Council shall fill such vacancy by an appointment pro tempore, or otherwise; and vacancies in the Council, shall be filled by the Intendant and remaining Councillors, a majority of whom shall constitute a quorum to transact business.

To make by

Sec. 6. And be it further enacted, That the Council shall have power to pass all such orders, by-laws, and ordinances, respecting laws and orthe streets, markets, buildings, pleasure carriages, waggons, carts, dinances drays, and police of said town, that shall be necessary for the security and welfare of the inhabitants thereof; and for preserving health, peace, order, and good government within the same; and to assess a tax on the inhabitants thereof, not exceeding one half of the county tax, which is paid for property of the same kind; they shall have power to prevent and remove nuisances; to appoint patrols and define their duties; to affix fines for offences against their by laws and ordinances, not exceeding twenty five dollars for every offence; to be recovered before the Intendant, or any member of the Council, for the use and benefit of the town; to assess a tax on licenses to retailers of spirituous liquors, not exceeding ten dollars in any one year: they shall have power to appoint a Clerk, Treasurer, Assessor, Collector of taxes, and a Constable for said town; to affix the salaries and fees of such respectively, and define their duties.

as Justices.

Sec. 7. And be it further enacted, That the Intendant shall be Officers to act vested with all the powers and authority that Justices of the Peace are vested with, by the laws of this State; and shall and may exercise the same within the limits of said town, subject, nevertheless, to appeals to the circuit or county court, as in cases of appeals from the Justices of the Peace.

taxes.

Sec. 8. And be it further enacted, That the Intendant and To assess Council shall have no power to assess a tax on property belonging to any seminary of learning, church, or religious society: they shall have no power to make any by-laws or ordinances repugnant to the laws of this State; and this act and all the by-laws or ordinances shall. be subject to revision or repeal by the General Assembly.

See. 9. And be it further enacted, That if the Intendant or Penalty for any member of the Council, shall be guilty of any wilful neglect of viol ting duty duty or malpractice in office, he shall forfeit and pay a sum not exceeding two hundred dollars for every such wilful neglect or malpractice, to be recovered by any person suing for the same in any court having cognizance thereof, and paid into the Treasury of said town. Sec. 10. And be it further enacted, That if an election shall not be held according to this act, the same may be held on the first Monday in March or April; and the Intendant and Councillors then elected shall continue in office until the next annual election.

Approved Jan. 28, 1839.