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proper: Provided, that the said President of the Mobile College, shall sufficiently satisfy the President of the University and the President and board of trustees of the University of the State of Alabama, that such a collegiate course is pursued in the College of Mobile, in the arts and sciences as will justily the conferring of such degrees.

Property exSec. 2. And be it further enacted, That the real estate now be- empt from longing and attached to the said College, be and the same is hereby taxation. exempt from taxation, so long as the same thall be continued as an institution of learning.

Approved, January 30, 1839. No. 50.

AN ACT Concerning the mobile and Cedar Point Rail Road Company. Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabuma in General Assembly convened, President'and That the President and Directors and Company of the Mobile and Directors hal: Cedar Point Rail Road Company, be and they are hereby allowed time. three years for the completion of said road in addition to the time prescribed by the act of incorporation.

Sec. 2. And be it further enacted, That the President, Directors and Company of the Mobile and Cedar Point Rail Road Company,

Name and shall hereafter be known by the name and style of the Mobile and style. New Orleans Rail Road Company.

Approved, January 30, 1839, [No. 51.1

AN ACT To incorporate a Male Academy in the Town of Livingston. Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That Jesse H. Posey, James Hair, M. C. Houston, John Bolling and James P. Kenard, and their successors in office, shall be, and are hereby created a body corporate and politic in law, by the name and style of the Trustees of the Livingston Male Academy, and by that Incorporation name shall be capable in law to sue and be sued, plead and be im. pleaded; and shall have power to borrow money, receive donations and bequests, purchase and sell, and have and hold real estate and other property in perpetuity: Provided, that the real estate so held, shall not exceed the valuable of twenty thousand dollars. Sec. 2. And be it further enacted, That said body corporate

ority of the members composing the same, shall have power to pass all such rules, regulations and by laws, not inconsistent with the laws and constitution of the State of Alabama and of the United States, as they shall deem advisable for the good government and

To pass by proper regulations of said Academy and all those connected therewith; laws and shall have power to appoint annually, and at stated meetings of the board of Trustees a President, from the members of the board, a Secretary and Treasurer, and other necessary officers, and to fill all vacancies in said offices at other meetings of the board called therefor; and to have and use, a common seal, and the same to alter and amend at pleasure, and without seal.

Sec. 3. And be it further enacted, That when any vacancy shall happen in said board, the same shall be filled by the remaining Trustees or a majority of them.

Sec. 4. And be it further enacted, That all the property of said corporation, shall be exempt from any taxes whatever.

Approved, January 30, 1839.
No. 52.

AN ACT
To incorporate the town of Lowndesboro', in the County of Lowndes.
Section 1. Be it enacted by the Senate and House of Represen.

tatives of the State of Alabama in General Assemby convened, Incorporation

That the town of Lowndesboro' in the county of Lowndes be, and the same is hereby incorporated, and the limits of said corporation shall be as follows, to wit: a paralellogram-the east and west boundary lines whereof shall be each equidistant four hundred yards from the store of Hearne and Whitman; and the north and south boundary lines whereof shall be also equidistant froin said store-house, six hundred yards.

Sec. 2. And be it further enacted, That on the second Monday in January next, or within thirty days thereafter, and on the second Mon

day in January in each and every year thereafter, an election shall be Election of held by ballot for five Councillors of said town, by the house or free Councilors. holders thereof, at some convenient place in said town, who shall serve

for the term of one year, and until their successors are elected and qualified; which said election shall be conducted by any two of the acting councillors; and the said councillors shall within one week after their election assemble and elect one of their body Intendant, who shall serve for one year, and who shall preside at all their meetings; but in his absence, any member may be called temporarily to the chair, and a majority of the councillors shall constitute a quorum to do business. And the said board is hereby constituted and declared to be a body politic and corporate, by the name of the Intendant and Council of the town of Lowndesboro', and by that name shall be capable in 'law to sue and be sued, plead and be impleaded, to answer and be answered, defend and be defended, in any courts of this State; to make by-laws, not inconsistent with the constitution of the United States or of this State, or the laws of the same, for the govo ernment of said corporation; and shall have, possess, and enjoy all the right, powers and privileges, and be subject to all the liabilities incident to corporations. The first election for councillors shall be conducted by C. C. Hearne and Elijah Sherror or in their absence by any two houses or land holder of said town.

Sec. 3. And be it further enacted. That said corporation shall

have power to raise a revenue on all taxable property in said town, Pow'r to raise for the purpose of effecting the objects of incorporation, not to exceed Revenue.

the county tax on the same property or persons.

Sec. 4. And be it further enacted, That said corporation shall appoint a Town Constable or Marshall, who shall enter into bond in the sum of five hundred dollars, payable to the Intendant and Council of the town of Lowndesboro', with good securities, to be approved by said corporation, conditioned for the faithful discharge of the duties imposed on him, by any laws of the State, or any by-law of said corporation, whether passed, adopted or ordained and established at the date of said bonds or at any time thereafter, during the continuance of said constable in office. And the said constable shall moreover take an oath before the Intendant or some one of the coun. Appoint Con. cillors, before he enters on the discharge of the duties of his office, shall give b'd. faithfully to discharge the same, and the said constable shall be vest- and take oath ed, within the limits of said town, for all purposes whatsoever, with all the powers and authorities, that constables of the county are by the laws of this State.

Sec. 5. And be it further enacted, That the said corporation may provide panalties and forfeitures for the neglect of the said constable Provide penor town marshall to perform his duties, not to exceed fifty dollars alties. for each default, to be recovered before the Intendant and Council of the têwn of Lowndesboro', by motion of any person by said corporation appointed for that purpose: Provided said constable shall have reasonable notice of the time the motion will be made, and upon recovery, judgment shall be entered up, upon which all final process for collection of debts may issue, as in case of debt before Justices of the Peace, and be executed by any constable of the county.

Sec. 6. And be it further enacted, That the said Intendant and each of said councillors shall, ex officio, within said town be, and Officers of the are hereby declared to be Justices of the Peace, and vested with all Council dethe powers and authorities of Justices of the Peace of the county, to Justices of be exercised however, only within the limits of said corporation.

Sec. 7. And be it further enacted, That all vacancies which may happen in the board of Intendant and Councillors, the same shall be

Vacancy how filled by appointment of the remaining councillors, and the member or members so appointed, shall hold office until the next succeeding annual election, and qualified as is provided for herein.

Sec. 8. And be it further enacted, That the Intendant and each of said Councillors shall, before they enter on the discharge of the duties of their office, take an oath faithfully to discharge the same, to take oath. be administered by the Intendant to the Councillors, and by any one of the Councillors to the Intendant.

Sec. 9. And be it further enacted, That all free white males, residing within the limits of said town, over the age of twenty one

Qualified voo years, shall be qualified yoters, thereof. Approved Jan. 30, 1839.

the Peace.

filled.

Council to

ters.

[No. 53.1

AN ACT To raise a fund for the benefit of the Fire Company in the city of Mobile. Section 1. Be it enacted by the Senate and House of Represen. Not to take tatives of the State of Alabama in General Assembly convened, or receive That from and after the passage of this act, it shall not be lawful for premiums. any insurance company, not chartered by the legislature of this State, to take or receive any premium within the county of Mobile, a. gainst fire or any marine or river risk, or to open an office in the city of Mobile, unless such insurance company first pay into the Alabama Life Insurance and Trust Company, the sum of two hun. dred dollars, and a like sum on the expiration of twelve months, and annually thereafter, so long as they may continue to take or make insurance, or open an office for that purpose.

Sec. 2. And be il further enacted, That the money so deposit. Money to ened, shall enure to the use and benefit of the several fire companies ure.

2

Nories to be drawn.

act.

in the city of Mobile, and such as may hereafter be organized, to en

able the fire department to reward superior skill and exertion in the # members, to provide for those who may become sick or diabled, in the discharge of their duties as firemen, or their families.

Sec. 3. And be it further enacted, That all monies deposited as aforesaid, shall and may be drawn, for the above purpose, by the fire department of the city of Mobile, under such rules and regulation as they may establish.

Sec. 4. And be it further enacted, That all insurance companies

violating the provisions of the first section of this act, shall forfeit to Penalty for violating this the Alabama Life Insurance and Trust Company, the sum of one

thousand dollars, to be recovered against the company, so violating the prorisions aforesaid, or their agents by suit brought in the name of the said Alabama Life Insurance and Trust Company.

Sec. 5. And be it further enacted, That all sums so received monies receiv. by the Alabama Life Insurance and Trust Company, after deducting ed, how dis- the cost, shall be passed to the same fund and for the use of the fire .

company as aforesaid, and for the purposes expressed in the several sections of this act.

Approved, Jan. 30, 1839. [No. 54.)

AN ACT

To Incorporate the town of Wetumka.
Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of Alabama in General Assembly convened,
That all that tract of land, hereinafter described, shall be called and

known as the city of Wetumpka, viz: commencing at the north east Incorporation corner of section eighteen, township eighteen, range nineteen, and

running west, to the north east corner of section thirteen, township eighteen, range eighteen, thence south to the south west corner of said section, thence east to the west bank of the Coosa river, thence along the margin of sald river, until it intersects the west line of section twenty-four, township eighteen, range eighteen, thence south to the south-west corner of said section, thence east to the half mile stake on section nineteen, township nineteen, range eighteen, thence north to the half mile stake, thence east, to the south east corner of section eighteen, township eighteen, range nineteen, thence north to the place of beginning.

Sec. 2. And be it further enacted, That said corporate body wayor & Al.shall be styled the Mayor and Aldermen of the city of Wetumpka, dermen.

and by that name may purch?se, receive, hold or let, grant, alien, or assure property, real, personal or mixed, sue and be sued, plead and be impleaded in any court of law or equity in this State, and to do and perform all and singular, such acts as are incident to bodies corporale, to have and to use a common seal, and the same to alter at pleasure, and that the jurisdiction of said incorporation so far as the city regulations and police are concerned, shall extend to, and mbrace the territory aforesaid.

Sec. 3." And be it further enacted, That the said city shall be City divided

divided into six wards, three on the east and three on the west side into wards.

of the Coosa river, as follows, to wit: the first ward shall contain all north of west bridge street and west of main street; the second ward

shall contain all north of west bridge street, and east of main street, the third ward shall contain all south of west bridge street, on the west side of the Coosa river, the fourth ward shall contain all that portion lying south of the cross street, in front of Wilson's warehouse and the old McIntosh Hall, the fifth ward shall contain all that portion north of said street, and south of the northern boundary line of the original town of Wetumpka, and all that portion of said city north of said line, shall be know as the sixth ward, east of the Coosa river.

Sec. 4. And be it further enacted, That each of the wards here. inafter designated, shall be entitled to two Aldermen, who shall reside within the same, and each of whom shall be freeholders in the Aldermen to said city of Wetumpka, and be elected by the qualified voters of their wards. their respective wards, and an election shall be held in each ward, on the second Monday in February next, and on the same day in each succeeding year, for two Alderman, who shall hold their respective offices until their successors shall be elected and qualified; the two Aldermen in each ward receiving the highest number of votes, shall be declared duly elected, and if a tie should ensue in either of the wards for Alderman, then the Aldermen elected shall determine who shall be Aldermen for that ward, and should any Alderman remove from the ward in which he may have been elected, or be absent for three months therefrom, at any one time without the consent of the other Aldermen, his office shall be vacated, and when any vacancy shall occur either by death, removal or otherwise in the office of Al. derman, it shall be the duty of the remaining officers forthwith to advertise and cause an election to be holden, within ten days after

Vacancies, such advertisement, to fill any such vacancy, and the Aldermen of how filled. said city shall provide by ordinance for the decision of any tie than those aforesaid, and also for the trial and determination of all contested elections of any officer of said city, and for the advertising, holding, managing and making returns of all elections of Aldermen and other officers of said city.

Sec. 5. And be it further enacted, That the present Intendants and Councillors of West and East Wetumpka, shall appoint three free

managers of holders or householders in each of the several wards, who shall be electious how managers of the first election for Aldermen, said managers so appoin. appointed. ted, shall be the judges of the qualifications of the voters, and when said elec!ion shall be closed, the managers appointed as aforesaid, shall forthwith report to the Intendants and Councillors of east and west Wetumpka jointly, who shall upon casting up the votes for Aldermen, determine who are elected; all white male citizens over the age of twenty-one years, who shall have resided within the city six months, and ten days within the ward wherein he shall offer to vote preceding any election, and shall have paid all taxes required and due, either under the former acts of incorporation, or falling due since the passage of this act of incorporation, as well as all or every debt due from fine or otherwise to the city, shall be qualified electors of Aldermen.

Sec. 6. And be it further enacted, That the Aldermen before

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