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taxes, for the payment or contract for the payment of money, of all bonds to the corporation for the performance of the duties of any officer, or for the payment of money or the performance of any work or labor; and no resolution of the Mayor and Aldermen for the payment of money or of a general character whatsoever, shall be esteem. ed valid, until approved by at least a majority of the common council.

Sec. 3. And be it further enacted, That no person shall be eliWho to hold gible to the office of common councilman, who is not a citizen of the ofice.

United States, and shall have resided for the last twelve months preceding an election in said corporation, and have paid a city poll tax.

Sec. 4. And be it further enacted, That no person shall be qualified to vote for Mayor or Alderman or common councilman,

unless he is bonafida a free holder of the value of two hundred dolQualified vo. lars, or a lease holder of an unexpired lease, of the last twelve months

next preceding an election of the value of one hundred dollars, or shall have resided without interinission the last twelve months in said corporation and have paid a city tax, and shall satisfy the commissioners hereafter created, that he is, and has been the last thirty days a resident of the ward in whichhe may apply for the right to vote

Sec. 5. And be it further enacted, That John K. Collins, James Duncford and Richard H. Redwood of the north ward; A. Demoui,

James F. McBride and John F. Pagles, of the middle ward; EbeCommission- nezer Clark, William Curry and Martin Kerby of the south ward; er to open John Hunt, John Shelton, and U. J. Barnard, of the west ward; be

and they are hereby appointed commissioners, who shall, at least twenty days before the next election for city officers, open books in their respective wards for the purpose of receiving the names of all persons proposing to register, who shall sign his own name and if any shall apply who cannot write his own name, then he may as in

other cases make his mark, which shall be witressed by, one of said Proviso.

commissioners; Provided, that any person so proposing to register his name, shall fully satisfy said commissioners that he is legally a voter, and said commissioners are hereby authorised to require the oath of any person when in their judgment it should be done.

Sec. 6. And be it further enacted, That it shall be the duty of said commissioners to keep the said books for registration open ten,

days, and public notice shall be given by them in the newspapers or Books to be at least two of them published in the city, of the time and place of kept open.

opening the books, and of the time when the same will be closed, and shall require each person applying to register his name, to pay the city poll tax, and after said registration is completed, the commissioners of the different wards shall pay over ail monies so collected after deducting for their services each, three dollars per day each day they are engaged in receiving the names of the voters of, the city, to the Treasurer of said city and on receiving said Treasurers receipt the same shall be published in one or more of the papers of the city by the different commissioners of the different wards.

Sec. 7. And be it further enacted, That it shall be the duty of the said commissioners to furnish the inspectors who may be appointed in the several wards to conduct the elections, the register of the

Commission

mon Couneil.

qualified voters in such wards, and such registry shall preclude all fnquiry as to the qualifications of those whose names are registered;

ers duty. Provided, however the inspectors shall be satisfied that the person applying to vote is the same as registered; and after said elections are over the commissioners shall deposite the said registers with the common council for safe keeping.

Sec. 8. And be it further enacted, That after the first election under this act, it shall be the duty of the common council, at least two months before the next general election for city officers, to elect

Duty of Com. or appoint three discreet persons in each ward to perform the duties required and authorised to be performed by the commissoners under this act, and all future boards of common council shall in like manner elect as aforesaid, who for their services shall receive as provided for in section six, a majority ofwhom may at all times act, but in no case shall an absente commissioner receive any compensation.

Sec. 9. And be it further enacted, That the common council shall have authority to elect or appoint a Clerk who shall keep a correct record of all the proceedings of said common council whose books shall be open to the inspection of any citizen of said corpora- To aappoint tion and they are hereby authorised to pay said clerk such salary as Clerk. they may deem proper, and an order from a majority of said common council shall be a sufficient draft upon the city treasurer, either quarterly or as they may agree to pay said clerk for the payment of the same.

Sec. 10. And be it further enacted, That the Common Council shall hold To hold va: their meetings once in each week and oftener if business should re- cancies. require the same, a majority of whom may transact business, the Mayor always presiding but shall never vote. Sec. 11. And be it further enactedl, That from and after the passage

of this act, should the Mayor, or Alderman, or common councilman ab.

Office declar. sent himself from the city, for the period of six weeks, his office shall od vacant. become vacant, and he shall not be again eligible for the space of one year, from the time of such vacancy.

Sec. 12. And be it further enacted, That all vacancies in the common council shall be filled in the same way vacancies are now filled of Aldermen in the city, Provided, however, that in all elec- how filled. tions to fill vacancies, the last registration of voters preceding such election shall govern the inspectors of the elections, and it shall be the duty of the clerk of the common council to furnish the inspectors of the different wards the same. Sec. 13. And be it further enacted, That all acts or parts of acts, im.

Repeal. pairing or contravening in any way the provisions of this act, be and the same are hereby repealed.

Sec. 14. And be it further enacted, That the Mayor and Aldermen of the city of Mobile, and their successors in office, be and they are hereby empowered, from and after the passage of this act, to extend Duty of Mavfrom time to time, the fire limits of the city of Mobile, so as to em- men. brace such portion of the said city as they may in their wisdom deem proper, so that within said limits so extended, no other than a brick or stone building may be erected, and to prescribe such modes of building as may tend to the security of said city against fire; and that

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or and Alder

all acts and parts of acts inconsistent with this act, be and they are hereby repealed.

Approved, January 31, 1839,

&c.

(No. 64.

AN ACT
To incorporate the Grants Creek Academy in the County of Tuscaloosa.
Section 1. Be it enacted by the Senate and House of Represen-
tatives of the State of Alabama in General Assemby convened,

"That from and after the passage of this act, the Academy on Grants Incorporation Creek in the county of Tuscaloosa, shall be known by the name of

Grants Creek Academy, and the same is hereby established under the title of the Grants Creek Academy.

Sec. 2. And be it further enacted, That James Foster, John A.

Hodges, Robert L. Foster, John S. Bealle, and Hardy Foster, and Name, power

their successors in office, be and they are hereby declared to be a body politic and corporate, in deed and law, by the name and style of the Trustees of the Grants Creek Academy, and as such shall be capable and liable in law, to sue and be sued, plead and be impleaded, and shall be authorised to call meetings and make such by-laws and regulations, as are necessary for the government of said Academy, Provided, such by-laws and regulations are not repugnant to the Constitution and laws of this State, and for such purpose may have and use a common seal, appoint such teachers and other officers as they may

think

proper and remove the same from office for improper conduct or neglect of duty.

Sec. 3. And be it further enacted, that the Trustees afore

sail shall be capable of accepting and being invested with all manTrustees may ner of property, real, and personal, all donations, gifts, privileges hold property

and immunities whatever which may belong to said institution, or which may hereafter be conveyed or tranferred to them, or their successors in office, to have and to hold in perpetuity for the proper ben. efit and use of said Academy.

Sec. 4. And be it further enacted, That when any vacancy may how filled.

occur by death; resignation, or otherwise, of any of the Trustees of Grants Creek Academy, the survivors or the remaining Trustees shall fill the same in such manner as shall be pointed out by the by

laws of said incorporation. Property not exaeed 20,000

Sec. 5. And be it further enacted, That all the property owned dollars, to be by the Trustees not exceeding in value twenty thousand dollars and exempt from for the benefit of the said Academy, shall be free from taxation.

Aproved Jan. 31st, 1839.

Vacancies

taxation.

Repeal.

[No. 65.

AN ACT
To amend an act, entitied an act, to appropriate a certain sum for the completion of the

of the Muscle Shoals Canal,
Section 1. Be it enacted be the Senate and House of Representatives of
the State of Alabama in General Assembly convened, That the second pro-
viso in the first section of the above recited act, be and the same is
hereby repealed, and the Bank of the State of Alabama and the Branch
Bank at Decatur, shall be authorised and they are hereby required
to pay to the Tennessee Canal Commissioners the full amount of the
interest on the sums of money mentioned in the act to which this is
an amendment.

Approved Jan. 31, 1839.

AN ACT Concerning the corporation of the town of moulton in the county of Lawrence. Section 1. Be it enacted by the Senate and House of Represen Limits of the tatives of the State of Alabama in General Assembly convened, Corporation That the corporate limits of the town of Moulton shall be, and the extended. same are hereby extended to what the limits of said corporation were in eighteen hundred and thirty.

Sec. 2. And be it further enacted, That all laws and parts of laws conflicting with or contrary to the provisions of this act be, and the same are hereby repealed.

Approved Jan. 31, 1839.

(No. 67.]

AN ACT
To alter and amend the seventh Section of an act, to be entitled an act, to amend and

consolidate the laws on the subject of public roads-Approved on the 23rd of Decem-
ber, 1836, so far as regards the county of Covington.

Section 1. Be it enacted by the Senate and House of Representatives of Persons to the State of Alabama in General Assembly convened, That from and after work on road the

passage of this act, it shall be made the duty of all persons liable nearest them. by law to work on public roads in the county of Covington, who do not reside within six miles of any public road, to work on that public road, which may run nearest to them; any law, usage or custom, to the contrary notwithstanding. Approved Jan. 31, 1839.

Affidavite to

of the Peace.

[No. 68.]

AN ACT
To authorise the taking the depositions of Attorneys Counsellors and Solicitors,

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That from and after the passage of this act, when the testimony of be made beany practicing Attorney or Counsellor at Law, or Solicitor in Chan-fore a Justice cery shall be material for plaintiff or defendant, in any cause, in

any court of this State, it shall be lawful for the testimony of such Attorney, Counsellor or Solicitor to be taken by deposition as in other cases of depositions, as is now provided by law; Provided, that oath be first made that such witness is such Attorney, Counsellor or Solicitor, and also of the materiality of his testimony, and Provided also, the usual notice shall be given to the adverse party, and the depositions so taken shall be competent testimony in the cause for which the same was taken in any court in this state, any law, usage or custom, to the contrary notwithstanding.

Approved Jan. 31, 1839. No. 69.

AN ACT To incorporate the town of Syllacauga in Talladega County. Section. 1. Be it enacted by the Senate and House of Representatives of Incorporation the State of Alabama, in General Assembly convened, That the Town of Syllacauga, in the county of Talladega, be and the same is hereby incorporated, and all that territory lying within a quarter of a mile of Cottingham and Ryan's store house is declared to be within the limits of the same.

Sec. 2. 'And be it further enacted, That from and immediately after the passage of this act an election shall be held for five council.

Election for lors at some convenient and public place in said' town, and on the Councillors. first Monday in January in each and every succeeding year, who shall serve until their successors are qualified; the first election will

be conducted by George Johnston, William Booker and Benjamia McClung and every succeeding election shall be held by any two of the acting councillors and the councillors elected, shall on the day

next succeeding their election in each and every year, elect by a ma. Councillors to : elect lateu- jority of votes from their own body an Intendant whose duty' it shall · dant.

be to preside at all meeting of the councillors, in the absence of or incompetency of the Indendant, any member of the council may be called to the chair;—a majority of said councillors shall be competent to do business, and the said board is hereby declared to be a body politic and corporate by the name of the Intendant and council of the town of Syllacauga, and by that name shall have and enjoy all the right, powers and privileges, and be subject to all the liabilities that are incident to bodies corporate.

Sec. 3. And be it further enacted, that the corporation shan To make by have full and complete power to make by-laws and ordinances of laws &c.

whatever kind and upon whatever subject to them may seem right and proper for the good government of said town, and to affix such fines and penalties, not exceeding five dollars for any one transgres. sion, as may be deemed necessary to enforce a due obedience of the by-laws and oadinances not repugnant to the constitution and laws of the State and of the United States,

Sec. 4. And be it further enacted, That the said Intendant and councillors shall be ex-officio Justices of the Peace for all purposes connected with said incorporation and the enforcement of its laws and for any acts to be performed as such shall be entited to derand and receive from the unsuccessful party in such writ, such fees and remuneration as Justices of the Peace would by law be entitled to.

Sec. 5. And be it further enacted, That any constable of Talladega county, may act as bailiff or constable of said corporation, and receive the same fees as in other cases for similar services they are entitled to.

Sec. 6. And be it further enacted, That the Intendant and coun

cillors of said town, before they enter upon the discharge of their Intendant and Councellors

duties, shall take an oath, impartially to discharge the duties of their to take oath. office to their best abilities, which oath may be administered by any

Justice of the Peace of said county.

Sec. 7. And be it further enacted, That said Intendant and councillors, or a majority of them are hereby vested with full authority and power to fill any vacancies that may occur in their body by death, resignation or otherwise, and they are hereby constituted treasurers of the funds belonging to said corporation which they may at any time expend for the improvement of the streets and alleys of said town.

Approved, January 31, 1838.

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No. 70

AN ACT
To incorporate the town of Cussctah, in the County of Chambers:
Section 1. Be it enacted by the Senate and House of Represen-

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

That the town known as the town of Cussetah in the county of Chambers be, and the same is hereby incorporated; and that all of the north east quarter of section twenty six, township twenty-one, in

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