Proviso. two or more schools in the same township, the sum hereby appropriated to said township, shall be divided among them in proportion to the number of regular students at each school, Provided, that no citizen shall be entitled to an amount exceeding the amount by him actually subscribed, which shall be shown by certificate of the teacher in his township, by a receipt of payment, or other satisfactory testimony. Sec. 9. And be it further enacted, That the provisions of this act that require individuals to subscribe before they shall be entitled to the benefits of this act shall not apply to indigent persons, and the commissioners in making out their certificate of the amount subscribed, may certify if such be the fact that there are persons resident in their township too indigent to subscribe, who desire to send their children to school, and that there are one or more between the age of eight and eighteen, who desire to be students, and in that event may include in their estimate of the amount of the subscriptions, a statement of the number of such students; and these shall be set down, in the subsciption list as having subscribed the sum of ten dollars each, Provided, the amount does not exceed one hundred dollars, thus to be embraced as a portion of the amount subscribed: Money how And Provided, the amount raised as prescribed in this section, shall be applied exclusively and equally, for the education of the indigent scholars of the township. Proviso. applied. Sec. 10. And be it further enacted, That it shall be the duty of the President and Cashier of the State Bank and its branches, to furDuty of Pres- nish the Legislature annually, the amount of money by each of them idents and paid out, under the provisions of the above recited act. Cashiers. ncorporation Proviso. Sec. 11. And be it further enacted by the authority aforesaid, That the sixteenth section or thè land appropriated in lieu thereof, by the General Government, in township two, range one east, in the St. Stephens land District, be, and the same is hereby put on the same footing, and subject to the general laws now in force, or hereafter to be enacted in relation to the sixteenth sections in the State: and so much of any law as contravenes the provisions of this act, be, and the same is hereby repealed. Approved Jan. 31, 1839. [No. 75] -རྩ9 99ས་་- To incorporate Liberty Academy in the county of Pickens. 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 the same is hereby incorporated in the county of Pickens, to be styled the Liberty Academy, and that Nathan Smith, Stephen Bennett, Daniel Dupree, Benjamin H. Stribleng, Samuel McGowen, Anselem Prewit, Jr. and Jacob Randale and their successors in office, be and they are hereby declared to be a body politic and corporate, by the name and style of Trustees of Liberty Academy, and as such, shall be capable and liable in law or equity, to sue or be sued, to plead or be impleaded, and shall be authorised to make such by-laws and regulations as shall be fit for the government and management of said Academy; Provided, such bylaws are not repugnant to the laws and constitution of this State and of the United States, and for that purpose, 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. Trustees may Sec. 2. And be it further enacted, The said Trustees or body. corporate shall be priviledged to purchase, accept of and be invested with all manner of property, either real, personal, or mixed, to them hold property and their successors in office, to have and to hold the same for the proper use and benefit of said Academy; Provided, the whole value of said property shall never exceed twenty thousand dollars. Vacancies Sec. 3. And be it further enacted, That when any vacancy may occur by death, resignation, or otherwise, of any of the Trus- how filled. tees of said Academy, the survivors or residue of said Trustees, shall fill the same in such manner as shall be pointed out by the bylaws 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 binding and valid as if the whole board were present. Sec. 4. And be it further enacted, That all property owned Property not. by said Trustees in their aforesaid corporate capacity, shall be and it taxable. is hereby declared free from all taxation. (No. 76.1 AN ACT Approved Feb. 1st, 1839. To declare Chockolocco Creek a public highway from Davis' to Bagleys Mills in the Section 1. Be it enacted by the Senate and House of Represen- Sec. 2. And be it further enacted, That if any person or persons, s hall obstruct the navigation of said creek, by building milldams, felling trees, or in any other way, such person or persons, shall forfeit and pay the sum of five hundred dollars; one half to the State, and the other half to any person who may sue for the same, recoverable before any court of law having jurisdiction of the same and shall also forfeit and pay all damages which any person or persons, may sustain by reason of such obstructions, recoverable in like manner, and all such obstructions may be removed by order of the County or Circuit Courts of Talladega county as a public nuisance, [No. 77.] AN ACT Approved Feb. 1, 1839. To suppress the evil practice of carrying weapons secretly. Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That if any person shall carry concealed about his person any species of fire arms, or any bowie knife, Arkansaw tooth pick, or any other knife of the like kind, dirk, or any other deadly weapon, the person so offending, shall on conviction thereof, before any court having competent jurisdiction, pay a fine not less than fifty nor more than five hundred dollars, to be assessed by the jury trying the case; and be imprisoned for a term not exceeding three months, at the discretion of the Judge of said court.. Sec. 2. And be it further enacted, That it shall be the duty of Judges to the Judges of the several Circuit Courts of this State to give this act give this law n charge to specially in charge to the Grand Juries, at the commencement of each term of said Courts. ury Sec. 3. And be it further enacted, That the Secretary of State shall cause this act to be published for three months in the papers of Mobile, Montgomery, Tuscumbia, Huntsville, Wetumpka and Tuscaloosa, which publishers shall be paid out of any money in the Treasury not otherwise appropriated. Approved Feb. 1, 1839. [No. 78] AN ACT To incorate the town of Mooresville in the county of Limestone. Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, Incorporation That the town of Mooresville, in the county of Limestone, be and the same is hereby incorporated, including all the territory within one fourth of a mile in every direction, from the store house of White and Dewoody in said town. be elected. Sec 2. And be it further enacted, That all free white male perTrustees to sons of said town living and residing within the limits of said incorporation above the age of twenty-one years, are hereby authorised to vote for and elect persons residing in said town, or corporate limits as trustees of said corporation, a majority of whom shall constitute a quorum to do business who are empowered to superintend the police of said town by passing such by-laws not contrary to the laws of the United States and of this State as they may think proper for the Government of said town, and for the suppression and removal of nuisances, within the above mentioned boundaries. Sec. 3. And be it further enacted, That said trustees or a majorAssess taxes. ity of them, are hereby authorised to assess such taxes on all property lying within the limits of said corporation as they may think proper, for all the purposes of a proper police and necessary revenue therefor. Sec. 4. And be it further enacted, That the said trustees shall Trustees to meet on the day next succeeding the election and choose from among elect Presi- themselves a President who shall preside and keep order at all meet dent. ings of the trustees; and the President of said trustees is hereby vested with all the powers and privileges of a Justice of the peace within the corporate limits of said town, and at the same time and place, the said trustees shall elect a treasurer for the corporation and a conT'o elect Trea stable, and the said constable so elected shall be vested with all the powers, privileges, and duties of a constable within the corporate limits aforesaid, and to whom the taxes aforesaid shall be given in on oath, and who shall collect and pay over the same to the treasurer of said town, within ten days after the same is collected. surer & constable. Elections when heid. Sec. 5. And be it further enacted, That the election of trustees shall be held on the second Monday in March 1839, and forever thereafter, on the same day in each succeeding year, from eleven o'clock, A. M. to four o'clock P. M., under the direction of a Justice of the Peace of said county; and two house-holders or free-holders residing within the limits aforesaid. how filled. Sec. 6. And be it further enacted, That if any vacancy or vacancies occur in said board of trustees, such vacancy or vacancies Vacancies shall be filled by the remaining trustees, and the member or members so elected shall continue in office until the succeeding annual election. other officers Sec. 7. And be it further enacted, That the trustees and other officers before they enter upon the discharge of their respective du- Trustees and ties of office, shall take and subscribe an oath before some, person to take oath. qualified to administer the same, faithfully and impartially to dis charge the duties to them committed, according to the best of their abilities. Sec. 8. And be it further enacted, That all persons living within said corporation, shall be exempt from working on roads other than those within the corporate limits of said town. Sec. 9. And be it further enacted, That if from any cause the regular annual election of Trustees should not take place at the proper time, that the President of the board of trustees, shall be authorised to hold an election for the officers of said corporation after giving ten days notice of the time of said election; and the said trustees and other officers of said town, shall remain in office and authority until their successors are elected and duly qualified. Officers of the board exempt Sec. 10. And be it further enacted, That all the officers of said board be, and they are hereby exempted from working on the streets from working and ways of said incorporation. Approved, Feb. 1. 1839. AN ACT on streets. No. 79.1 To amend an act now in force relating to the taking of depositions. Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That in all cases where it is now required by law, that an affidavit shall be made before a Judge or Clerk of Court in order to the taking of any deposition, such affidavit may hereafter be made before a Jusmay be made tice of the Peace, and that the Clerk of the proper Court, on receiv- before Justices of Peace. ing such affidavit, shall proceed to make the necessary orders and issue commissions in the same manner as if such affidavit had been made before such Clerk or Judge. Sec. 2. And be it further enacted, That hereafter the depositions of witnesses about to leave the State, may be taken in the same manner as is or may be provided for the taking of depositions of witnesses, residing without the limits of the State. [No. 80.] Approved Feb. 1, 1839. For the Protection of the Muscle Shoals Canal. Section. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That every person who shall wantonly open, or shut, or cause to be opened or shut, any lock-gate, or any puddle-gate, or culvert-gate of the Muscle Shoal Canal of the Tennessee river, or any water gate thereof, or by any means prevent or attempt to prevent the free use of any such gates, and every person who shall wantonly cast or throw, Affidavits or cause to be cast, thrown, or otherwise conveyed into the Muscle Shoals Canal any wood, logs, timber, brush or other material, with intention to obstruct or hinder the free navigation thereof, shall be deemed guilty of a misdemeanor, and upon conviction, shall be fined Penalty for obstructing or imprisoned, or both, at the discretion of the jury trying the offence; the fine for each offence shall not exceed two hundred dollars, nor the imprisonment three months. Canal. Sec. 2. And be it further enacted, That every person who shall wilfully break, throw down, or destroy any lock, bank, water-wire, Penalty for aqueduct, or culvert, in the Muscle Shoals Canal of the Tennessee injuring canal river, shall upon conviction of every such offence, be fined or imprisoned, or both, at the discretion of the jury trying the offence; the fine for each offence shall not exceed five hundred dollars, nor the imprisonment six months. Approved, Feb. 1, 1839. [No. 81.] AN ACT To Incorporate a Rail Road Company from the town of Greensborough to the town of Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, Incorporation That Robert Dickens, as President, and L. Q. C. DeYampert, R. B. Walthall, R. C. Randolph, Thomas M. Johnston, Matthew Hobson, Robert Shackleford, John Fipe, John Barror and James Y. Wallace, as Directors, and their associates and successors in office, be, and they are hereby made a body politic and corporate, by the name and style of the Greensborough and Marion Rail Road Company, in which name they and their successors in office are hereby made capable in law to sue and be sued, plead and be impleaded, answer and be answered, defend or be defended, in any court of law or equity in this State or elsewhere; to purchase, receive, hold, sell, convey and confirm real or personal estate, as natural persons, to have and to use a common seal, to alter and change the same at pleasure; to pass such by laws, rules and regulations for the good government of said corporation, as to them shall seem proper; and generally, to exercise all powers, and to do and perform all acts, matters and things which they may deem necessary to carry into full and complete effect, the objects of this act: Provided, That the real and personal estate of said corporation shall never exceed the sum of five hundred thousand dollars. Powers of Directory. Proviso. Sec. 2. And be it further enacted, That the President and Directors hereby appointed, shall continue in office until the first Monday in January, one thousand eight hundred and forty, and until their President and successors are elected and qualified; and they shall cause books to be Directors to opened at Greensborough and Marion, for the subscription of stock; to be opened and shall give ten days notice previous to opening said books in the for subscrip- aforesaid towns of Greensborough and Marion; and said books when tion of stock. opened, shall be kept open for the space of ten days, and may be cause books opened from time to time, when deemed necessary by the President Shares $100 and Directors, until a sufficient amount of stock shall be subscribed; which stock so subscribed, shall be divided into shares of one hundred dollars each. |