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Election for

range twenty-seven be, and the game is hereby declared to be within the limits of the same.

Sec. 2. And be it further enacted, That on the first Monday in May next, and in each and every year thereafter, an election by ballot, for five councillors, resident land-holders, shall be held at some convenient and public place in said town, who shall serve for the term of one year after they shall have been elected.

The first elec- Councillors to lion shall be held and managed by DS Thomas, John D R McHenry, be held annuWilliam Vance and Bird Culberton, or any two of them; and all

ally. subsequent elections shall be held by two of the councillors, to be appointed by the Board for that purpose; and the said councillors so elected, shall on the next day after such election, in each and every year, meet and elect by a majority of votes, from their own body, an Intendant, whose duty it shall be to preside and keep order at all meetings of said councillors; and in his absence, any oiher member of the Board may be called to the chair; and the said councillors shall be, and they are hereby constituted a body corporate by the name

Powers, &c. and style of the Intendant and Council of the town of Cussetah, and by that name they and their successors in office shall be capable in law and in equity of suing and being sued, and also to have and to keep a common seal, and the same to break, alter and amend at pleasure; and in general, to do all acts which are incident to bodies corporate.

Sec. 3. And be it further enacted, That the said corporation shall have power to pass all such ordinances, resolutions, and make all such regulations as may be deemed necessary for the good order and government of said corporation, which may extend to the preservation of health, to prevent and remove nuisances, to license, tax and restrain theatrical amusements, shows, and nuisances of all kinds, within said corporation; and to prohibit and restrain every species of gambling, assaults and batteries, and all other breaches of To collect the peace; appoint patrols when necessary; to keep in repair the taxes. streets of said town; to collect taxes on ail property, real, personal and mixed, including poll tax within said corporation for the purpose of defraying of the expenses of the same; to prevent the introduction of infectious or contageous diseases within said town, and in general to pass such by-laws, not contrary to the constitution of this State, and the laws thereof, as the corporation shall from time to time deem expedient and necessary, to carry into effect the meaning and intention of this act, The corporation shall have power to appoint a Treasurer, Assessor, Collector and Constable, and such other officers as they may think necessary, and by ordinance require security

To lovy fines. from the several officers so appointed; to annex such fees to the several officers as they may deem necessary. They are hereby also empowered to levy such fine or fines, not exceeding ten dollars, for any breach of their by-laws or ordinances, as they may deem proper; and all fines by them imposed shall be sued for in the name of the corporation, before any Justice of the Peace; and the money so recovered shall be paid to the 'Treasurer for the benefit of said town: Provided, that this act and all the by-laws and ordinances of said corporation, shall at all times be subject to revision or repeal, by the General Proviso. Assembly.

Sec. 4. And be it further enacted, That when vacancies sliall Vacancies happen in said Board of Councillors, such vacancies shall be filled now filled.

by the Board, and the member or members so added, shall continue in office until the succeeding annual election.

Sec. 5. And be it further enacted, That should the election not take place on the day fixed for the annual election of councillors, the Board shall not for that cause be dissolved; but the incumbents shall remain in office until their successors are elected, which election shall take place one month thereafter.

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

cillors first appointed and their successors in office, shall severally, Intendant and Councillors to

before they enter upon the duties thereof, take an oath before some tako oath

person qualified to administer the same, that they will faithfully discharge the duties thereof, without favor, affection or partiality, acertificate of which oath shall be filed with the clerk of the Board of Councillors.

Sec. 7. And be it further enacted, That all white male inhabitants of the age of twenty one years or upwards, who shall have resided within the limits of said town six months preceding an annual election for councillors, shall be deemed a qualified elector at such election.

Approved Feb. 1, 1839. (No. 71.;

AN ACT
T'o amend an act, entitled an act to establish a Board of Commissioners for the improve.

ment of the navigation of the Coosa river and for other purposes.

Section 1. Be it enacted by the Senate and House of RepresenPayment for tatives of the State of Alabama in General Assembly convened, work and la. That it shall not be necessrry for said commissioners to employ an bor done, bow engineer, surveyor or draftsman, as required in the second section

of said act, to which this is an amendment, if in their opinion it shall be deemed unnecessary; and in case no engineer be employed, pay. ment for work and labor, or any service done in and about any of the improvements contemplated by said act, shall be upon the check of the President of the Board, drawn in favor of the proper person), upon the cashier of the Bank of the State of Alabama, which check shall be paid out of the moneys appropriated for said improvement.

Sec. 2. And be it further enacted, That in addition to the sum already appropriated, by the act to which this is an amendment, there

shall be, and hereby is appropriated, the sum of thirty thousand dolFurther ap- lars, out of so much of the nett profits and dividends of the three per propriation. cent fund as has been carried to the credit of the sinking fund in the

Bank of the State of Alabama, and not invested in the stock of said Bank, for the purpose of said improvement, which said sum shall be payable and liable to be drawn for during the year eighteen hundred and forty: Provided, that the sum hereby appropriated, shall be re-imbursed and replaced from the nett profits and dividends that may accrue on the three per cent funds; and the sum hereby appropriated shall be subject to ihe draft of the President of the Board of Commissioners, according to the provisions of this act.

Sec. 3. And be it further enacted, That so much of the first secLion of the act to which this is an amendment, as provides that no

Provieo.

eoinmissioner shall receive for his services more than one hundred dollars in any one year, be, and the same is hereby repealed.

Sec. 4. And be it further enacted, That the said commissioners shall receive for their services the sum of four dollars per day

Commission for the time during which they may be engaged in the discharge of ers to receive the duties of their office: Provided, said time shall not exceed the four dollars

per day. period of four month in any one year.

Sec. 5. And be it further enacted, That the second section of the act to which this is an amendment, be so amended, as to give to Commissr's the commissioners power to equalize the appropriation upon said river, between the points designated by said act, removing the more important obstructions first, as their judgment shall dictate: Provi- Proviso. ded, however, if at any time during the progress of said work, it shall be discovered that the sum hereby appropriated is insufficient to accomplish the improvement contemplated by this act, it shall be the duty of the commissioners to cease all further expenditures, and report to the ensuing legislature: Provided however, that in all cases the commissioners shall have discretionary power as to the point where they will commence operation's.

Approved, Feb. 1, 1839. (No. 72 )

AN ACT. To repeal in part and amend the militia laws of this State. Section. I. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the third section of the twelfth chapter of the military code of this State, and so much of the first section of the fourth chapter of the aforesaid code, as requires as qualification for officers above that of Captain, a commission in the militia of the State, or a service of three years as a commissioned officer be, and the same is hereby repealed.

Sec. 2, And be it further enacted, That hereafter no drill mus- Drill. ter, or muster composed of commissioned and non-commissioned officers alone, shall be required, except the Brigade Drill now required by law.

Sec. 3. And be it further enacted, That the Brigadier General of each Brigade shall be, and he is hereby authorised to provide tents sufficient for the accommodation of officers attending Brigade encampmeni drills, which they shall cause to be taken care of, from Tents. year to year, and they shall also cause an inventory of the articles so provided or procured, to be made out and forwarded to the Quarter Master General of this State: also a certified copy thereof, to the Comptroller of Public Accounts, which, when approved by the Governor, shall be paid out of any money in the Treasury not otherwise appropriated; and all articles purchased under the provisions of this act, shall be public property, subject to the orders of the Governor or the Major Generals of the respective Divisions, when any part of the militia of this State shall be ordered into service.

Sec. 4. And be it further enacted, That the Governor of this State be, and he is hereby required to appoint some suitable agent in Publie agent each Brigade in the State, where there may be any public arms or

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accoutrements, to collect the same, and cause them to be preserved from damage, and make a report thereof to the Quarter Master General: Provided, the said agents shall not be authorised to take from the possession of any volunteer company, any arms they may be legally in possession of: and the Governor is hereby authorised to distribute, under such rules and regulations as he may prescribe, to each Brigade, arms sufficient for the use of Brigade Drills.

Sec. 5. And be it further enacted, That in addition to the Brigade Staff now allowed by law, each Brigadier General shall hare power to appoint a Brigade Paymaster, with the rank of Major: and it shall be the duty of the Brigadier Generals to appoint annually, Brigade Courts Martial, for the trial of defaulters at Brigade Drills, and ail fines assessed at such Brigade Courts Martial, shall constitute a fund for the use of the Brigade, to be applied to the purchase of provisions and forage for the use of officers attending Brigade Drills, and shall be certified by the President thereof, and placed in the hands of the Brigade Paymaster, whose duty it shall be to cause the same to be collected in the manner now provided by law, for the collection of fines.

Sec. 6. And be it further enacted, That hereafter there shall be four company musters annually of each proper militia company; and whenever there may be two or more companies of volunteers, or two or more troops of cavalry, in any Brigade, they may be organised into Battalions of Volunteers or Battalions of Cavalry as the case may be, according to the provisions of the present military code.

Sec. 7. And be it further enacted, That so much of the present military code as authorises an exemption from militia duty, upon the payment of a sum of money in lieu thereof be, and the same is hereby repealed.

Sec. S. And be it further enacted, That his Excellency the Governor of this State be, and he is hereby required to ascertain the proper uniform of the United States Army, and cause a description inereof to be published.

Approved, Feb. 1, 1839.

mients of lia.

(No. 73.]

AN ACT
For the better management of the State Bank and its several Branches.
Section 1. Be it enacted by the Senate and House of Repre-

sentalives of the State of Alabama in General Assembly convened, Cashiere tu

That hereafter it shall be the duty of the Cashier of the Bank of the make state- State of Alabama and its Branches to furnish the General Assembly, bilities, &c.

at the commencement of its next session, or as soon thereafter as practicable, and annually thereafter, with a full and complete statement of the liabilities of the President and Directors of the Bank and their securities; the indebtedness of each and every member of the General Assembly, with their securities, together with a tabular statement of each county, alphabetically arranged, of the indebtedness of each and every individual dealing with the Bank and their

securities, and by whom recommended. Penalty for neglect.

Sec. 2. And be it further enacted, That should any Cashier fail to make such return, that he shall be dismissed from uffice and be incapable of holding any office in the State Bank or any of its Branches.

Approved Feb. Ist, 1939.

Comm's and
Trustees to

(No. 74.]

AN ACT For the benefit of the sixteenth Sections 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 the sum of one hundred and fifty thousand dollars to be paid annually by the appropriation Bank of the State of Alabama' and its several Branches, in propor, ing schools. tion to their capital stock, be and the same is hereby appropriated out of the nett profits of the said bank and branches, for the purpose of establishing and aiding in the establishment of schools in the several townships in this State.

Sec. 2. And be it further enacted, That there shall be, as is now required, and in the same manner now prescribed by law, commis- be elected. sioners and trustees elected in all the townships in this Slate, claiming the provisions of this act. Sec. 3. And be it further enacted, That if it has been, or if it may

may divide

township into hereafter be deemed advisable to divide the township into two or two or more more convenient school districts, the sums hereby appropriated may sch'l districts be divided into equal or rateable proportions, or in proportions herein after specified.

Sec. 4. And be it further enacted, That the State Bank or either of its branches, (on the presentation of a certificate from the commissioners of any township in this State, setting forth the annu. Application al value of the sixteenth section thereof, and that application has how made. not been made for the proportion to which said township may be entitled under the provisions of this act, to any other bank) is hereby required to annually pay to the order of said commissioners, an 2mount which together with the annual profits of such section, arising from rent, interest, &c. shall not exceed the amount which shall be bona fide subscribed and paid in, by the citizens of the township, and which shall in no event exceed, including such profits, the gum of two hundred dollars on the part of the State.

Sec. 5. And be it further enacted, That it shall be the duty of said commissioners to make application for their proportionate Application amount during the first week of each and every year, or as soon

first week of thereafter as convenient, and must then make it appear to the bank the year. or branch bank to which application may be made, that the sum applied for, has been actually, and in good faith, subscribed by the citizens of the township, for tuition the preceding year, and it is required to pay for tuition in the township during the year preceding the application.

Sec. 6. And be it further enacted, That it shall be the duty of the commissioners, or the holder or bearer of such certificate from the commissioners of any township in this State to produce the cerlificate of the Judge or Clerk of the court of the county in which said commissioners reside, to the fact that they (the commissioners) are duly authorised to act for said tosynship:

Sec. 7. And be it further enacted, That it shall be the duty of said commissioners of each and every township in this State, to see Com's duties that the sums só obtained by this appropriation are actually applied for the purposes of tuition, as contemplated in this act.

Sec. 8. And be it further enacted, That when there may be

to be made in

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