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the county of his residence; and the Jailor thereof is hereby required to receive and treat him in the same manner as if the process had issued from the Circuit or County Court.

Sec, 26. And be it further enacted, That when a desendant shall remove or reside without the limits of said city, the clerk of said Court shall then direct the execution to any' sheriff of the State of Process how Alabama, or to the Sheriff of the county where the defendant resides or holds property, which the sheriff will execute in the same manner as other executions directed to him, for which he shall be entitled to like compensation.

Sec. 27. And be it further enacted, That whenever hereafter any property being or lying within the corporate limits of said city, besond within shall be levied upon by virtue of executions issued from the Circuit the limits of or County Courts of Coosa or Autauga counties, or from the City the city. Court of Wetumpka, said property shall be sold by the officer who has control of said fi. fa. somewhere within the limits of said city of Wetumpka: Provided, this act shall at all times be subject to alteration, amendment or repeal by the Legislature of this State; And provided, further, that all the expenses of said Court, and of said city government shall be paid by the corporate authorities thereof.

Approved Jan. 30, 1839. [No. 55)

AN ACT To Incorporate the Dadeville Female Academy.' Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That from and immediately after the passage of this act, Benjamin Young, Jessee Morgan, William B. Cobb, Dr. H. H. W. Purnell, Salmon Washburn, Martin T. Ellis and Alfred Johnson, be, and they Incorporation are hereby declared to be a body politic and corporate, by the name and style of the Trustees of the Dadeville Female Academy, and as such, may sue and be sued, plead and be impleaded, may have a common seal, and may make such by-laws and regulations as shall be necessary for the government of the Dadeville Female Academy, appoint such officers as they may think proper, and remove the same from office, and shall have continual succession.

Sec. 2. And be it further enacted, That the Trustees aforesaid, shall be capable of accepting and being invested with all manner of Trustees to

hold property property, real and personal, all donations, gifts, privileges and immunities whatever, which may belong to said institution or which may hereafter be conveyed or transferred to them or their successors in office, to have and to hold the same for the proper use and benefit of said Academy: Sec. 3. And be it further enacted, That when any vacancy

how filled. may occur by death, resignation or otherwise, of any of the Trus. tees of the Dadeville Female Academy, the survivors or the remaining Trustees shall fill the same, in such manner, as shall be pointed out by the by-laws and regulations of the said incorporation.

See. 4. And be it further enacted, That all property owned by Property exthe said Trustees, not exceeding in value, twenty thousand dollars, taxa:jan. and for the benefit of said Acaderry, shall be free from taxation.

Approved, Jan. 30, 1839.

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No. 56.]

AN ACT
To Incorporate the Marble Spring Academy in the county of Talladega.
Section 1. Be it enacted by ihe Senate and House of Represen-

tatives of the State of Alabama in General Assembly convened, Tacorporation That Robert Jemison, sen. Alexander Bowie, William Curry, Wil.

liam B. McKellan, Isaac Kirksey, Robert B. Cary and John S. Ed., wards and their successors in office, shall be, and they are hereby constituted a body politic and corporate, in deed and in law, by the name and style of the President and Trustees of the Marble Spring Academy, and by that name, shall have power to receive donations, borrow money, purchase, have and hold real estate in perpetuity:

Provided, the same shall not consist of more than twenty acres of Proviso.

land, and to sell the same, and also to sue and be sued, plead and be impleaded, and to recover all debts that may become due, owing or belonging to said institution, as the property thereof.

Sec. 2. And be it further enacted, That the before named To appoint a board of Trustees shall have power to appoint a President, Secretacretary and ry and Treasurer and such other officers, directors or visitors as they Treasurer. may deem necessary or expedient for the good government or well

being of said institution. Vacancies to :

Sec. 3. And be it further enacted, That vacancies which may occur be filled. in the board of Trustees, from any cause, shall be filled by a majori

ty of the remaining Trustees so appointed, and shall have all the powers vested in the 'Trustees appointed by this act.

Sec. 4. And be it further enacted, that the lots owned and

buildings heretofore erected by the building committee of the MarProperty ex empt from

ble Spring Academy in the county of Talladega, together with all taxation.

other buildings, the before mentioned Trustees may erect, or grounds they may purchase, for the exclusive use of said Academy, shall be exempt from all taxation whatever, so lorg as the same shall be usec., for said Academy as a literary institution.

Approved, Jan. 30, 1839. (No. 571

AN ACT
To Incorporate the Medical Society of South Alabama.
Section 1. Be it enacted by the Senate and House of Represen-

tatives of the State of Alabama in General Assembly convened, Iacorporation

That the Medical Society of South Alabama, is hereby declared to. be a body corporate, under the name and style of the Medical Socie. ty of South Alabama.

Sec. 2. And be it further enacted, That said society shall be, Medical board established at

and are hereby constituted the Medical Board at Selma, shall exam. ine applicants for permit to practice medicine, grant license and do all other business required of said board by law.

Sec 3. And be it further enacted, That said society shall have

power to adopt a constitution, and pass such by-laws under its provisTo pass city

ions as they may deem necessary for their government: Provided, luws. such by-laws do not conflict with the constitution and laws of this

State or the constitution of the United States.

Sec. 4. And be it further enacted, That said society shall be, To keepa.os. and are hereby required to procure and keep an official seal,

with such device as they may deem necessary, and they are

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Selma.

hereby declared able and capable in law or equity, to receive, hold, have and enjoy donations of real or personal property, not exceeding twenty thousand dollars, to and for the use of said society, and they may receive and hold the same, by gift, grant, bequest or purchase, when in fee simple or otherwise sue and be sued, plead and be impleaded, and to do and perform any other acts, incident to bodies corporate

Sec. 5. And be it further enacted, That nothing herein con- Not to exertained, shall authorise said corporation to exercise banking privi.cise, bauking

privileges. leges.

Approved, Jan. 30, 1839. (No. 58.]

AN ACT
To incorporate the Bellefonte Academy, in the county of Jackson.
Section 1. Be it enacted by the Senate and House of Represen-
atives of the State of Alabama in General Assembly convened,
That John Hudson, Jr. Alexander Riddle, Daniel M Martin, Rob't.

Names of

Trustees &c. T Scott, and Nelson Robinson, and their successors in office, shall be and are hereby declared and created a body corporate and politic, by the name and style of the Trustees of the Bellefonte Academy, and by that name shall be able and capable in law, to sue and be sued, plead and be impleaded, 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 at any time exceed the value of twenty thousand dollars.

Sec. 2. And be it further enacted, That said body corporate, or a majority of the members composing the same, shall have power to Power en pass pass all such rules, regulations and by-laws, not inconsistent with the by-laws. laws and constitution of the State of Alabama, or of the United States, as they shall deem advisable for the good government and proper regulation of such Academy, and all those connected therewith; and shall have power to appoint annually, at stated meetings of the Board of Trustees, a President, from the members of said Board, a Secretary and Treasurer, and other necessary officers, and to fill all vacancies in said offices, at other meetings of the Board called theresor; and to have and to use a common seal, and the same to alter at pleasure, and without seal to act.

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

Sec. 4. And be it further enacled, That all the property of said Property excorporation be exempt from any tax whatever.

taxation. Approved Jan. 30, 1839.

Vacancies to

[No. 59.1

AN ACT
To authorise the formation of an additional Regiment in the County of Barbour.

Section. I. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, 85th regiment That the commissioned officers of the forty-ninth regiment of the established. Militia of this State, in the county of Barbour, may and they are hereby authorised to divide said regiment and organize and form a new one, to be designated and known as the Eighty-fifth regiment of the Militia of this State.

Sec. 2. And be it further enacted, That for the purpose afore

said, it shall be the duty of the Colonel commanding said forty-ninth Regimental

regiment to order a Regimental Court of Enquiry, consisting of the Court. commissioned officers of said regiment, to be held at Clayton on the

first Saturday in May next, when and where the said Court shall lay off and define the limits of said regiment by this act, authorised to be formed in such manner as to them may seem proper, and most conducive to the public convenience.

Sec. 3. And be it further enacted, That the regiment so formPart of the 11th regiment ed, shall be added to and form a part of the eleventh Brigade and fifth Division of the Militia of this State.

Approved Jan. 30, 1839. [No. 60.1

AN ACT
To revive and continue in force the charter of the Moulton Rail Road Company.

Section 1. Be it enacted by the Senate and House of Represen

tatives of the State of Alabama in General Assembly convened, Charter re. That the charter of the Moulton Rail Road Company, be, and the vived.

same is hereby revived, and the time given to commence the same shall be extended until the first day of January, one thousand eight hundred and forty, during which time, any act of the subscribers to the stock of said company or of their Directory, shall be valid to all intents and purposes, as if the road had been commenced within the time prescribed by the act of incorporation.

Approved, Jan. 30, 1939.

(No. 61.]

AN ACT
To incorporate the Academy of the Ladies Education Society in the town of Selma.

Section 1. Be it enacted by the Senate and House of Represen

atives of the State of Alabama in General Assembly convened, Incorporation That from and after the passage of this act, that the Academy be

ing erected in the town of Selma, shall be called and known as the Ladies Education Society Academy, and that Nicholas Childers, Robert N. Philpot, J. W. Lapsley, Elias Parkman, John W. Jones, Jeremiah Pitman, and Harris Brantly, and their successors in office, be and they are hereby declared Trustees and a body politic and corporate, and legal representatives of the Ladies Education Society, at Selma, and as such shall be capable in law to sue and be sued, to plead and be impleaded, and shall be authorised to make such bylaws and regulations as shall be necessary for the government; Provided, that such by-laws and regulations are not repugnant to the laws and Constitution of this State.

Sec. 2. And be it further enacted, That said Trustees in behalf of said Ladies Education Society, be capable of accepting, and being invested with all manner of property-real and personal, all do.

nations, gifts, grants, privileges and immunities, that may be made, perty. or now belong to said Academy, or which hereafter be

may

conveyed or transferred to them, or their succesors in office, to have, and hold the same for the proper use and benefit of said Academy,

Sec. 3. And be it further enacted, That when any vacancy may

occur by resignation or otherwise, of the Trustees of said Academy, Vacancies how filled.

the survivors or remaining Trustees shall fill the same in such manner as they may deem most proper or prescribe in their by-laws.

To bold pro

Sec. 4. And be it further enacted, That all property owned, or which may hereafter be owned by said society, shall be exempt emptersom

Property ex from any taxation whatever.

Approved Jan. 30, 1839. taxation. No. 62

AN ACT

To incorporate the Mount Moriah 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 that the same is hereby established and Incorporation incorporated in the county of. Wilcox, to be called the Mount Moriah Male and Female Academy, and that Leonard Scott, Charles H. Cooper, John Snell, Thomas Jefferson, and John N. Campbell and their successors in office, be, and they are hereby declared to be a body corporate by the style and name of the Trustees of Mount Moriah 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, that such by-laws are not repugnant to the Constitution of this State and of the United States, and may have and use a common seal, appoint such officers as they may think proper and remove the same from office for improper conduct or neglect of duty.

Sec. 2. And be it further enacted, That the said body corporate be privileged to accept of and be invested with all manner of May held proproperty, either real or personal or mixed which may have been perty. made or granted to said Institution or which may hereafter be made or granted to them or their successors in office, to have and to hold the same for the proper use, benefit and behoof of said Academey.

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 residue of said Trustees shall fill the same in such how filled. manner as shall be pointed out by the by-laws and regulations of said corporation, and that a majority of said board of Trustees shall be competent to transact all business pertaining to said corporation, and their acts shall be as valid and binding as if the whole board was present. See. 4. And be it further enacted, That all property owned by Property ex:

: the Trustees for the benefit of said Academy, shall be free from empt from taxation.

Approved Jan. 30, 1839. [No, 32.]

AN ACT To alter and amend the Charter of the City of mobile. Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That there shall be elected by the qualitied voters in the city of Mo-Common bile, at the next general election for Mayor and Aldermen of the elected. city, and at every annual election for eity officers thereafter, a conmon council to consist of eight persons, who, together with the Mayor, shall form a common council. See. 2. And be it further enacted, that the said council

To approve of shall have authority to approve or disapprove of all orders and resorders: olutions made by ihe Mayor and Aldermen, for the assessment of

Vacancies

taxation.

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