to elect direc Sec. 3. And be it further enacted, That the Stockholders shall meet at Greensborough on the first Monday in January, one thousand Stockholders eight hundred and forty, and proceed to elect ten Directors, who tors. shall be Stockholders in said company, one of whom shall be chosen President by the board, and they shall take an oath faithfully to perform their duties as such President and Directors, and shall continue in office for the term of twelve months, and until their successors are elected and qualified, and the election shall be held on the first Monday in January, annually, at the town of Greensborough; and the Stockholders at such election, may vote in person or by proxy, and shall be entitled to one vote for each and every share, he, she or they may hold in said company; and the stock hereby authorised to be subscribed, shall be transferable, and all such transfers of stock shall be entered on the books of said company, and the holder Stock may be thereof shall be entitled to all the benefits, and subject to all the lia- transferred. bilities of an original Stockholder. money. Sec. 4. And be it further enacted, That the President and Directors of said Company, when they shall have organized, agreeably to this act, shall have power to borrow money, contract debts, and May borrow be contracted with upon the credit of the stock thereof, and to pledge personal or real estate for loans of money, or the payment of their debts, and appoint such officers, agents and servants, as they may think necessary, and give them such compensation as they may conceive just; they may require such instalments to be paid upon the stock as they may think best for the interest of the said Company; and on failure of any Stockholder to pay the amount due upon his, her, or their stock, in pursuance of any call made by the President and Directors as aforesaid, within sixty days after such call, the President and Directors shall be authorized to sell said stock: Provided," the same can be done at not less than par value for the amount so due, and said stock shall be deemed and considered in law as private property. Stock may be forfeited Sec. 5. And be it further enacted, That said Board of Directors shall commence said Rail Road at Greensborough, in Greene county, and extend the same the nearest and most eligible way to Marion, in the county of Perry, they shall be authorized to contract for and receive conveyances of any land, stone, timber or gravel, or any other thing which may be required in the construction of said Rail Road; Directors to and when the owner and the company cannot agree as to the price, buy land, &c. or when the owner is an infant, non-resident, or non compos mentis, then it shall be lawful for the President and Directors of said company to apply to the Judge of the Courty Court of the county where said lands or other property may be situated, whose duty it shall be to issue his warrant, directed to the Sheriff of said county, commanding him to summon a jury of seven disinterested free holders, who shall be authorized to assess the damages, under the same rules and regulations as are or may be prescribed by law in case of roads, and the said jury shail forthwith assess the value of said land, stone, timber or gravel, &c. subject to the right of appeal to the Circuit Court by either party who shall think themselves aggrieved; and such ap Incorporated for 30 years. Vacancies how filled. peal shall be tried de novo, and such Court shall have full power to render such judgment as justice may require, and enter the same of record as in other cases, and the land, timber, stone, gravel, &c. so contracted for or condemned, shall inure to said company after having paid to the owner full satisfaction thereof, according to contract, or the decision of the court aforesaid; and that this act of incorporation shall remain in force for the term of thirty years, and no longer. Sec. 6. And be it further enacted, That said President and Di-. rectors, after having the trail upon which said Rail Road is to run, surveyed and selected, may proceed to let the same to contract, in such sections as they may deem proper, and upon such conditions as they may prescribe: Provided, That they shall commence the said Road within three years, and complete it within ten years, from Greensborough, in Greene county, to Marion, in Perry county: And provided, That this act shall be forfeited if said Rail Road shall not be completed in seven years. Sec. 7. And be it further enacted, That the said President and Directors shall have power to call meetings of the Stockholders at any time, a majority of Stockholders in value, either in person or by proxy, shall be able to form a quorum; they shall have power to remove the President or any of the Directors, and appoint others in their stead, and when any vacancy shall occur in said board, they shall fill such vacancy until such annual meeting of the Stockholders as is mentioned in this act, and they shall have power to remove at pleasure any officer, agent, or servant, belonging to said corporation. Sec. 8. And be it further enacted, That in the construction of said Rail Road, the President and Directors shall not in any manner obstruct any of the public roads which now are, or hereafter may be established, but shall provide suitable and convenient ways, by which they may cross said Rail Road. Sec. 9. And be it further enacted, That it shall be the duty of the President and Directors to report to the annual meeting of the President and Stockholders, and exhibit a clear and distinct statement of all the af Directors to fairs of said company, shall report the receipts and disbursements, to stockhold. and after the work shall have been completed, they shall declare, deliver and pay over dividends annually to the Stockholders. make report ers. Sec. 10. And be it further enacted, That the said Rail Road, with all work, improvements and machinery of transportation used on said Road, with all the rights, privileges and immunities, properly belonging and appertaining to them as a corporate body, are hereby vested in said company forever, unless the State should purchase the same as provided for in this act. Sec. 11. And be it further enacted, That the President and Directors of said company, shall have power, after the completion of said Road, to make such lateral Roads as to them may seem expedient. Sec. 12. And be it further enacted, That after completing said work or any part thereof, the said President and Directors may levy May collect and collect toll from all persons, property, merchandise and other commodities transported thereon: Provided, That the toll shall never amount to more than twenty-five per centum per annum upon the toll. amount vested in said stock: Provided further, That the company hereby incorporated, shall not have banking powers. Approved Feb. 1, 1839. For the relief of Sureties in certain cases. Co Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That hereafter, when any suit may be pending in any of the Circuit or County Courts, or before any Justice of the Peace in this State, against any person who may be a surety to any bill, note, bond, cove- Suits, how nant or other instrument of writing whatever, if there be a co-surety conducted against sureor sureties not sued, it shall be lawful for such person thus sued, to ties and notify in writing his co-surety or sureties, or either or any of them, of sureties. the pending of the suit; and it shall be the duty of the Court or Justice of the Peace before whom the said suit is to be tried, on proof being made at the trial that notice in writing has been given to said cosurety or sureties, and that said parties are sureties, to enter up judgment in favor of the surety sued, against such co-surety or sureties, each thus notified as aforesaid, for the proportion of said debt or demand, with costs, which such co-surety or sureties should pay; that is to say, in case there is but one co-surety, then judgment shall be rendered in favor of the surety sued, for one half of said debt or demand, and costs; if there are two co sureties of the person sued, then for one third; and at that rate, according to the number of co-sureties: when notified requi'd to pay Provided, however, that if any of said co-sureties are insolvent, the a proportion surety thus sued as aforesaid, may, on said motion to be made as above, of costs. recover a judgment against said co-surety or sureties, thus to be notified the proportion which such co-surety or sureties should pay, if such insolvent co-surety or sureties were not bound for said debt or demand. Approved, Feb. 1, 1839. Co-sureties court may To amend the law upon the Probate of Deeds. Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That Clerks of the County Courts of the several counties of this State, may lawfully take and certify the acknowledgments and proofs of Clerks of c'ty Deeds and relinquishment of Dower, to such Deeds, whether the take and cerlands, tenements or hereditaments therein conveyed, be situated in tify acknowl the county where any such Clerk is acting, or elsewhere in this State, deeds. according to the form and under the provisions authorised in case of Judges and Clerks of Circuit Courts. No. 84.] Approved, February 1, 1839. AN ACT To incorporate Franklin Academy in the county of DeKalb. 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, that the male and female Academy, in the county of DeKalb, be known and called by the name of Franklin Academy; and that James Potter, James Hoge, edgment of Academy named. Incorporation Sampson Clayton, Jacob Gillespie and S. C. Smith, and their successors in office be, and they are hereby declared to be a body politic and corporate, by the name and style of the trustees of the Franklin Academy, and as such, shall be capable and liable in law, to sue and be sued, to plead and be impleaded, and shall be authorised to make Pow'r of trus- such by-laws and regulations as shall be 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 that purpose 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. tees defined. Proviso. Sec. 2. And be it further enacted, That the trustees aforesaid, shall be capable of accepting all manner of property both real and perMay hold pro-sonal, all donations, gifts, and immunities which may hereafter be perty. Vacancies how filled. Property ex empt from taxation. Mode of ob 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 Acade my. Sec. 3. And be it further enacted, That whenever any vacancy may occur, by death, resignation or otherwise, of any of the trustees of said Academy, the remaining trustees shall fill such vacancy in such manner as shall be pointed out by the by-laws and regulations of said incorporation. Sec. 4. And be it further enacted, That all property owned by the trustees, for the benefit of said Academy, not exceeding in value ten thousand dollars, shall be free from taxation. [No. 85.] Approved, February 1, 1839. AN ACT To repeal in part, and amend an act entitled an act to amend the laws in force in relation to retailers of spiritous liquors, approved, December the twenty-third, one thousand eight hundred and thirty-seven. 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 may hereafter apply to any Judge of the counta'ing license. ty Court in this State, for a license to retail spirituous liquors, shall on obtaining the same, pay in open court, the sum of thirty dollars; and that so much of the first section of the above recited act, as requires the payment of twenty dollars only, be and the same is hereby repealed. Sec. 2. And be it further enacted, That the recommendation Form of re- required to be produced upon an application for such license, shall be in the following form, viz: To the Hon. Judge of the county Court of We the under commendation. county. who signed, certify that we reside within five miles of Sec. 3. And be it further enacted, That any person who shall evade the provisions of this act, or the act to which, this is an amendment, by selling any article of little or no value, and by giving to the purchasers thereof, drinks, or other quantities or portions of spiritous or intoxicating liquors, or who shall by any other means or in any other manner, evade, or violate the provisions of the above recited act, shall be subject to indictment, and being thereof convict ed, shall be fined at the discretion of the jury trying the same, in any Penalty for sum not less than twenty, nor more than five hundred dollars, and evading law. may be imprisoned at the discretion of the Court, for a term not ex ceeding thirty days. Sec. 4. And be it further enacted, That any retailer, who may be convicted of selling any spiritous liquors, or giving the same to any slave or slaves, without the permission of the owner or overseer Penalty for of such slaves, or who shall knowingly suffer any species of gaming seling to neto be carried on, or played on, or about his, or her premises, or who goes, or per mitting game shall furnish any gamblers with spiritous liquors or other accommo- ing to be cardations at any out house or other place, resorted to for the purpose of gaming, shall be subject to all the pains and penalties of wilful and corrupt perjury, and shall moreover, forfiet his or her license. ried on. Sec. 5. And be it further enacted, That no license shall hereafter be granted at any other time, than at the regular terms of the License how county Court to retail spiritous liquors, and that no such license shall and when obbe granted for a longer or shorter time than twelve months from the date thereof. [No. 86.] Approved, February 1, 1839. AN ACT tained. To establish a board of Commissioners for the improvement of the navigation of the Paint Rock River and for other purposes thereunto connected. Section 1. Be it enacted by the Senate and House of Represenatives of the State of Alabama in General Assembly convened, That Warren P. Robinson, Eldred W. Williams and Alfred Moore, shall constitute a board of commissioners, to be known and designated as the Paint Rock Commissioners; who shall hold their offices for two years, and until their successors are elected and qualified, unless superseded by other commissioners, elected by the General Assem. bly, and they shall before entering upon the duties of their respective Comm'rs to offices, take and subscribe an oath, before some Judge of the circuit take on h be. fore entering or county Court, or Justice of the Peace, to be transmitted by said on duties. Judge or Justice of the Peace to the Secretary of State, and there filed, faithfully to discharge the duties of the said office, to the best of their skill and ability, and a majority of said commissioners shall compose a board and have authority to act as such, to fill all vacancies which may occur in their body, and the appointment so made shall continue until the next session of the Legislature, and until their successors are elected; and they shall also have authority to choose one of their own body President of the board, and the said board shall assemble at such time and place as to them may seem proper, and may be convened at any time by a call from the President, or any, one of their body, and said board shall keep a journal of all their proceedings, and shall have power to appoint such agents and ser ers, &c. vants as they may deem necessary, who shall be allowed and paid such compensation as they shall consider just and reasonable; and Com's to resaid commissioners shall receive as compensation for their services ceive three the sum of three dollars per day, for the time during which they dollars pr day may be engaged in the discharge of the duties of their office. Pro Fill vacancies Duties, pow |