AN ACT [No, 41] Section 1. Be it enacted by the Senate and House of Represen} tatives of the State of Alabama in General Assembly convened, That the several officers hereinafter named, shall receive annually, Salaries, and payable quarter yearly, for all the duties required of them by law, the following sums, viz: The Secretary of State one thousand two hundred dollars, with such fees as are now allowed by law; the State Treasurer one thousand two hundred dollars; the Comptroller of Public Accounts one thousand two hundred dollars. Adj't. General's pay. Sec. 2. And be it further enacted, That the Adjutant and Inspector General, shall hereafter receive for his services six dollars per day, for each and every day that he may be engaged in the business of his office: Provided, That the per diem pay of the Adjutant General shall not exceed the sum of five hundred dollars in any one year. Sec. 3. And be it further enacted, That all laws and parts of laws contravening this act be, and the same are hereby repealed. Approved Jan. 29, 1839. [No. 42.] To locate the seat of Justice of the County cf DeKalb, 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 it shall be duty of the Sheriff of DeKalb county, to open and hold an election for the purpose of selecting a site for the permanent location of the seat of justice of said county, in the following manner; he shall advertise and hold an election at the the different election precincts in said county, on the first Friday in March next, and shall nominate the following places, to wit: Camden, Millers' Center, alias Josiah Bagley's and Jesse Cunningham's and the three places reSheriff to hold ceiving the greatest number of votes at said election shall be subject to a second election to be held in the same manner on the second Friday in March next, and the two places receiving the greatest number of votes at the said second election, shall be the two places alone put in nomination and voted for at a third election, to be held in the same manner on the third Friday in March next, and the place receiving at said election the greatest number of votes, shall be the permanent seat of justice of said county. election. brought to Newnan. Courts to be Sec. 2. And be it further enacted, That it shall be the duty of the Sheriff to cause all the votes given at the several precincts to be brought together at Newnan, on the Saturday following each election, and compared by the Sheriff, the Judge and Clerk of the County Court; and all free white males over the age of twenty-one years, who are resident citizens of said county, shall be entitled to vote at said election. Sec. 3. And be it further enacted, That the Judges of the circuit. and county courts for said county, after the first Monday in August. holden at the next, shall hold their respective courts at the place so elected for said place select-county site, and the clerks of said courts shall thereafter keep their offices at said place or vacate the same, and all writs and papers every nature and kind returnable to either of said courts at Newnan, shall be properly and lawfully returnable to the place selected for said county site, any thing to the contrary notwithstanding. ed. of lots. Sec. 4. And be it further enacted, That William O. Winston, Commis'ers to lay off town Hugh P. Caperton, Seabourn B. Watts, William P. Scott, Zachariah and superinThomason, Sampson Haws, and James Hoge, be and they are here-tend sale of by appointed commissioners, a majority of whom shall be competent to act, to lay off said town and superintend the sale of lots at said county site so selected, and shall be authorised to purchase from any person or persons a sufficient quantity of land upon which to lay off said town not exceeding one quarter section, and the said commissioners shall have the power to draw such sums of money out of the County Treasury of said county as shall be necessary to carry into effect the provisions of this act and it shall be the duty of the county Treasurer to pay over the same out of any money in the Treasury not otherwise appropriated, and said commissioners shall also be empowered to name said town. Sec. 5. And be it further enacted, That the following election Election preprecincts, in addition to those already established, shall be created, one cinets estab'd at the house of John Shoats, one at Camden and one at the Sulpher Springs in Lookout Valley. Sec. 6. And be it further enacted, That the said Sheriff shall be entitled to such compensation for holding said elections as the commissioners court of said county may allow, to be paid out of said Compensat❜n county Treasury, and if said Sheriff shall fail or refuse to discharge to Sheriff. the duties assigned him by this act, he shall forfeit and pay the sum of one thousand dollars, to be recovered before any court having jurisdiction thereof, one half to the person who will sue for the same, and the other half to the use of the county. Sec. 7. And be it further enacted, That it shall be the du- Give notice. ty of the Sheriff of said county, to give thirty days notice of said election by advertisement set up at the court house, and also at six other public places in different parts of said county, in which notice he shall describe the manner of holding the several different elections required by this act. Sec. 8. And be it further enacted, That all laws and parts of laws contravening the provisions of this act, be and the same are here- Repeal. by repealed. Approved, January 29, 1839. (No. 43.] AN ACT Justices to Requiring Justices of the Peace to give Bond and Security. Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That all Jutices of the Peace elected in the several counties in this State, after the passage of this act, before they enter on the discharge of the duties of their office, shall give bond with two or more suffi- give security. cient securities, to be approved by the Judge of the county courts respectively,payable totheGovernor for the time being and his successors in office, in the sum of one thousand dollars for the faithful performance of the duties of his office, and that he will pay over all money that may come into his hands to the person or persons entitled to the same, which bond shall be deposited in the Clerks office of their respective counties. Office in beat Sec. 2. And be it further enacted, That they be required to keep where chos'n their office within the beat from which they are chosen. To renew Sec. 3. And be it further enacted, That the Judges of the county courts respectively are hereby empowered to require the Justices aforesaid to renew their bonds whenever they may be deemed insufficient, either as to solvency or amount for the public security, on givtheir bonds. ing said Justice of the Peace fifteen days notice, and if he shall fail to renew his bond, as contemplated by this act, the said Judge shall forthwith declare his office vacant, which shall be filled in the same manner as now prescribed by law. Approved, January 30, 1839. Repeal. Fees of Constables. [No. 44.] AN ACT To repeal in part an act now in force confining the collecting of debts before a Justice of the Peace in the beat where the defendant resides, or where the contract was made, 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 so much of the above recited act, as regards the counties of Conecuh and Shelby be and the same is hereby repealed. Sec. 2. And be it further enacted, That from and after the passage of this act, all constables for the county of Conecuh shail be entitled to receive and demand the following fees instead of those now provided by law for sueing a warrant in civil cases, seventy five cents; for summoning each witness, fifty cents; for serving each search, peace, or dollar; state warrant, one for conveying a criminal to jail, per mile, ten cents; for leving an attachment, seventy-five cents; for leving an execution, seventy-five cents, for making the money on each execution, seventy-five cents; for conveying a debtor to jail fifty-cents; for whipping a slave, (to be paid by the owner) by order of a Justice of the Peace, two dollars: for serving each notice on each person therein named, fifty cents; for serving scire facias on each person therein named, seventy fivecents, for taking bailbond;bond for the forthcoming of property or other bond required by law, seventy-five cents, for keeping property levied on such sum as the Justice believes to be just and reasonable out of the monies in the hands of said constable arising from a sale of said property, or received by reason of said levy. Approved, Jan. 29, 1839. [No. 45.] AN ACT For the relief of the purchasers of the Sixteenth Sections in this State. Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the president and directors of the Branch of the Bank of the State of Alabama at Decatur be and they are hereby authorised and required to grant the purchasers of the sixteenth section of township four, In relation to range five west, in the county of Limestone, a postponement of one fourth, until the first of June, one thousand eight hundred and thirtynine; one fourth until the first of January, one thousand eight hundred and forty, one fourth until the first of January, one thousand eight hundred and forty-one, and the remaining one fourth, on the first of January, one thousand eight hundred and forty-two, in the payment of ail bonds given by the purchasers of said section, to secure the payment of all the instalments that are now due or may hereafter be sixteenth sections. come due, which land was sold agreeable to law by the Commissioners of said township, on the twentieth day of February, one thousand eight hundred and thirty-six, which said bonds were made payable to the President and Directors and deposited in said Branch Bank for collection, Provided however, that interest, at eight per cent, upon each and every one of said bonds shall accrue and be paid in advance annually from the date at which the same would regularly become due and payable, Provided further, that the securities of the said purchasers aforesaid, shall file with the President of the Branch at Decatur, their assent in writing to the postponement above granted on the payment of all bonds upon which they are securities aforesaid, and Provided further, that the purchasers aforesaid shall at any time that the said President and Directors may require, give additional securities for the faithful payment of all bonds postponed agreeable to this act; any law, usage or custom, to the contrary notwithstanding. Sec. 2. And be it further enacted, That the benefits of this act shall be and the same are hereby extended to all the purchasers of sixteenth sections in this State, and the provisions of the same are hereby made applicable to them the same as if they were specifically named. Approved, January 29, 1839. [No. 46.] is AN ACT To allow additional compensation for taking the census of this State. Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That twenty-five per cent on the amount heretofore allowed by law shall be added and hereby allowed to all persons who have taken the census for the present Twenty-five year, and the Comptroller of public accounts is hereby authorised to per cent in draw his warrant for the same, any law to the contrary notwithstand-lowed. ing. Approved, January 30, 1839. To repeal in part an act therein named. addition al Duty of Judge Section 1. Be it enacted by the Senate and House of Represen tatives of the State of Alabama in General Assembly convened, Repeal That so much of an act approved the ninth day of January, one thousand eight hundred and thirty six, as provides for levying a tax to repair and open roads in the counties of Mobile and Baldwin, together with all the amendments thereunto subsequently made, be and the same is hereby repealed so far as applies to the county of Baldwin. and Com'ers Sec. 2. And be it further eaacted, That the Judge of the county Court and Commissioners of Roads and Revenue of Baldwin county shall at their first session in each and every year, proceed to district the roads, appoint apportioners of hands and overseers of roads as now provided by the law of this State. No. 48 Approved, January 30, 1839. AN ACT To incorparate the Franklin Academy in the Town of Suggsville. corporate. town of Suggsville, Clarke county, to be styled and known by the name of the Franklin Academy, and that William R. Hamilton, Andrew Denny, Samuel T. Barnes, Thomas B. Rivers, John D. Harvey, Francis B.Carter, Rich'd Rivers, Neal Smith, James Cleaveland, Academy in- George W. Campbell, John B. Jones, and Joseph P. Portis, 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 Trustees of the Franklin Academy, 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 necessary for the government of said Academy: Provided, such by-laws, as 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, 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 invested with all manner of property, either real, personal or mixed; also, all Trustees to donations, gifts, grants, privileges and immunities whatever, which hold property may be made or granted to said Institution, or which may be hereafter 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: Provided however, that the quantity of real estate granted to the said Trustees for the benefit of said Academy shall not exceed eighty acres. Proviso. how filled. Sec. 3. And be it further enacted, That when any vacancy Vacancies 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. Sec. 4. And be it further enacted That all property owned by Property ex. said Trustees, in their aforesaid corporate capacity, shall be vested empt from with such body corporate in perpetuity for the use of said Academy and shall be, and it is hereby declared free from all taxation, so long as the same shall be for the benefit of said Institution. taxation. may Sec. 5. And be it further enacted That a majority of said board majority of board of Trustees shall be competent to transact all business pertaining to transact busi- said corporation, and their acts shall be as valid and binding, as if the whole board were present. Approved, January 30, 1839. Ress. President to confer de grees. To authorise the mobile College to confer degrees and to exempt the property thereof from Taxation. Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That Norman Pinney, President of the Mobile College, assisted by a majority of the Professors of the same, be and he is hereby authorised and empowered to confer and grant such degree or degrees in the arts and sciences to any of the students of the said College, and to other persons by him thought worthy, as are usually conferred and granted by other Colleges and Institutions of the United States, and to give diplomás or certificates thereof, in such form as he may deem |