Proviso. Duties. vided, no one commissioner shall receive more than one hundred dollars for his services in one year; and the yeas and nays upon the decision of any question, by said board shall, upon the request of any member present be entered upon the journals, and upon all questions involving the expenditure of money, the yeas and nays shall be entered upon the journal. Sec. 2. And be it further enacted, That it shall be the duty of said commissioners, at as early a period as possible, after the passage of this act, to employ such engineer or engineers, surveyors, draftsmen, or other persons, as may by them be deemed necessary, and to cause to be made all surveys and examinations, and such plans drafted, and estimates as they may deem necessary to ascertain the practicability and public cost of the permanent removal of the impediments that obstruct the navigation of the Paint Rock river at a low stage of water, for an easy and safe downward navigation for flat bottom orkeel boats from the mouth ofLarkins fork to the Tennessee river. Sec. 3. And be it further enacted, That the board of commissioners is hereby authorised, to appropriate any surplus of monies that remain in possession after the completion of the surveys and estimates Com ́s may or an essential portion of them, adopting the cheapest and most practake contract ticable and advisable mode of effecting said work between said points, by letting the same in contracts, in suitable divisions or sections, to the lowest responsible bidder, or such person or persons as may offer to take contracts for the execution of such portions of the work, af. ter having given at least thirty days notice of the same in the papers of Huntsville and Bellefonte; Provided, that in the estimation of the board, it be expedient or consistent with a judicious economy to commence the work or any part thereof with the sum of money then on hand. And Provided further, that the commissioners shall commence the same at the lowest obstruction, and proceed thence up the river, completing the work as they advance. Proviso. Com's to re Sec. 4. And be it further enacted, That the said commissioners be, and they are hereby required, to prepare a plain and comprehen. port to Legis sive report, of all their proceedings under, and by virtue of this act, and transmit the same to the Legislature, during the first week of the next session, and during the first week of each succeeding session, until the entire improvement is completed. lature. Jabor. Sec. 5. And be it further enacted, That payment for work and labor, or any service done, in and about any of the improvements Payment for contemplated by this act, shall be made in the following manner; the person or persons, who may have any claim upon said board, if for work or labor under contract, shall procure the certificate of the principal Engineer in the employment of the board, that the work has been done according to the contract, or that the same is justly due according to the terms thereof; upon the production of which certificate, the President of the board shall issue his check in favor of the proper person, upon the Cashier of the Bank of the State of Alabama, which check it shall be the duty of the cashier to pay out of the monies hereinafter appropriated. Sec. 6. And be it further enacted, That payment to any of the board for their services, or any officer, or servant thereof, shall be upon account stated, to be approved by the board, and certified to be correct, signed by the party, and shall be entered upon a book of the board, to be kept for that purpose, when the President may issue his check as aforesaid. Sec. 7. And be it further enacted, That said commissioners shall be authorised to let to contract any portion of the work contemplated by the provisions of this aet, which may have been offered, and not contracted for, or which having been contracted for, may not have been prosecuted according to terms of the contract, after such notice as they may deem reasonable and proper. Sec. S. And be it further enacted, That the sum of ten thou-$10,000 appro priated. sand dollars be, and the same is hereby appropriated, out of so much. of the nett profits and dividends of the three per 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 carrying into effect the object of this act: one third of which said sum shall be payable, and liable to be drawn for, during the year one thousand eight hundred and thirty-nine; and one third during the year one thousand eight hundred and forty, and the other third during the year one thousand eight hundred and forty-one. Sec. 9. And be it further enacteed, That if at any time, after the passage of this act, a division of the three per cent fund should be made among the several counties in this State, the above appropriation of ten thousand dollars shall be deducted from the counties of Jackson, Madison and Marshall; two thirds of said appropriation from the county of Jackson, and the other third from the counties of Madison and Marshall, according to the provisions of the bill making such distribution. Approved, February 1, 1839. [No. 87.] To incorporate the Greensborough Cavalry Company. Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That such persons as may enroll themselves for the purpose of forming a company of Cavalry, at Greensborough in the county of Greene, Incorporation to consist of not less than thirty, nor more than one hundred members together with their successors be, and they are hereby made and declared to be, a body politic and corporate, by the name and style of the Greensborough Cavalry, with the usual powers incident and common to bodies corporate, the officers of said Company shall consist of a Captain, two Leiutenants and one Cornet, and such noncommissioned Officers as said Company may find necessary to appoint. Sec. 2. And be it further enacted, That it shall be the duty of said Company, withintwelve months from the passage of this act to uniform themselves fully and completely, in some suitable and proper uniform, to be by them selected, and it shall be the duty of said. Company, and they are hereby required to muster at least six times a year. Sec. 3. And be it further enacted, That the said Cavalry Com laws. pany shall be wholly free and exempt from the order, control or direction of the Colonel commandant of the Regiment in which the said Company or any member of it, may be and of all other officers of the militia of this State, except when called into actual service, and the Captain of said Company shall be compelled to return the strength of said Company annually to the Adjutant General of this State. Sec. 4. And be it further enacted, That said Company shall have To make by power to pass all such by-laws as shall be nececessary for the good government of said Company, and all fines and forfeitures levied and collected by said Company, from any of its officers or members under such by-laws and regulations as the Company may adopt shall belong exclusively to said Company, to be by them appropriated as they may think proper. Approved, February 1, 1839. pointed. [No. 88.1 AN ACT To establish a board of Commissioners for the improvement of the navigation of the Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the following named persons, to wit: James H. Dearing of Tuskaloosa, Mortimore Jordan and Walker K. Baylor of Jefferson, G. H. Harrison of Blount and Joseph Rutherford of Walker, be, and the same are hereby appointed a board of commissioners, and they Comm'rs ap. shall before entering upon the duties of their respective offices, take and subscribe an oath before some Judge of the Circuit or County Court, or some Justice of the Peace, to be transmitted by said judge or justice, to the Secretary of State and there filed, faithfully to discharge the duties of said offices, to the best of their skill and ability, May fill va- 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 two of their body, and said board shall keep a journal of all their proceedings, and shall have power to appoint such agents and servants as they may deem neces cancies. who shall be allowed and paid such compensation as they shall consider just and reasonable; and said commissioners shall receive as compensation for their services the sum of three dollars per day for the time during which they may be engaged in the discharge of the duties of their office: Provided, no one commissioner shall receive more than one hundred and fifty dollars for his services in any one year, and the ayes and nays upon the decision of any question by said board, shall upon the request of any number present be entered upon the journals, and upon all questions involving the expenditure of money, the ayes and nays shall be entered upon the jourpals. See. 2. And be it further enacted, That it shall be the duty of said commissioners at as early a period as practicable after the pas sage of this act, to employ such engineer or engineers, surveyors, or draftsmen, or other persons as may by them be deemed necessary, Commissr's and to cause to be made all surveys and examinations, and such plans duties. drafted and estimated, as they deem necessary, to ascertain the practibility and probable cost of the permanent removal of the impediments that obstruct the navigation of the Black Warrior river, for an easy and safe downward navigation for flat or keel boats, from Harrison's ferry, on the Locust fork, and from Goff's mills on the Mulberry fork of said river. May let the work out by contract. Sec. 3. And be it further enacted, That the board of commissioners are hereby authorised to appropriate any surplus of monies that may remain in their possession after the completion of the surveys and estimates, or an essential portion of them, adopting the cheapest and most practicable and advisable mode of effecting said work between said points by letting the same to contract in suitable divisions, or sections to the lowest responsible bidder, or such person or persons as may offer to take contracts for the execution of such portions of the work, after having given at least thirty days notice of the same, in the papers of Mobile, Tuskaloosa aud Huntsville: Provided, that in the estimation of the board, it be expedient or consistent with a judicious economy, to commence said work or any part thereof with the sum of money then on hand: And pro- Proviso. vided further, that the commissioners shall commence the same at the lowest obstruction, and proceed thence up the river. Sec. 4. And be it further enacted, That the said commissioners, report to Le be, and they are hereby required, to prepare a plain and comprehensive report of all their proceedings under and by virtue of this Comm'rs to act, and transmit the same to the Legislature during the first week of gislature. each succeeding session, until the entire improvement is completed. Payment for Sec. 5. And be it further enacted. That payment for work and labor or any service done in and about any of the improvements contemplated by this act, shall be made in the following manner, the person or persons who may have any claim upon said board, if for dabor. work and labor under contract, shall procure the certificate of the principal engineer in the employment of the board, that the work has been done according to contract, or that the same is justly due, according to the terms thereof, upon the production of which certificate, the President of the board shall be authorised to issue his check in favor of the proper person, upon the Cashier of the Bank of the State of Alabama, which check it shall be the duty of said Cashier to pay, out of the monies hereafter appropriated. Sec. 6. And be it further enacted, That payment to any of the board for their services or any officer or servant thereof, shall be upon account stated, to be approved by the board and certified to be correct, signed by the party, and shall be entered upon a book of the board to be kept for that purpose, when the President may issue his check as aforesaid. Sec. 7. And be it further enacted, That said commissioners shall be authorised to let to contract any portion of the work contemplated by the provisions of this act, which may have been offered and not contracted for, or which having been contracted for, may not have been prosecuted according to the terms of the contract, after such notice as they may deem reasonable and proper. Sec. 8. And be it further enacted, That the sum of twenty thousand dollars, be, and the same is hereby appropriated out of so much of the profits and dividends of the three per cent fund, as have 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 carrying into effect the object of this act, one half of which said sum shall be payable and liable to be drawn for during the year eighteen hundred and thirty-nine, and the other half during the year eighteen hundred and forty: Provided, that the sum hereby appropriated, shall be reimbursed and replaced from the nett profits and dividends that may accrue on the three per cent fund during the several years aforesaid, and the sum hereby appropriated, shall be subject to the draft of the President of the Board of Commissioners hereby established according to the provisions of this act. Sec. 9. And be it further enacted, That if at any time after the passage of this act, a division of the three per cent fund should be made among the several counties in this State, the above appropria$20,000 appro tion of twenty thousand dollars, shall be deducted from the counties priated. of Tuscaloosa, Jefferson, Walker and Blount, according to the provisions of the bill making such distribution. No arrest to Approved, Feb. 1, 1839.1 To abolish imprisonment for debt. Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened answer civil as follows: That from and after the passage of this act, it shall not be lawful to take the body of any person, in custody, to answer for a civil demand except in cases of fraud as hereinafter prescribed. demaud. rest where frand is man Sec. 2. And be it further enacted, That if a plaintiff or his agent shall make oath before any person authorised to administer the same, of the amount of the indebtedness of any one to such plaintiff; and that such debtor is about to abscond, or such debtor has fraudulently conveyed, or is about fraudulently conveying his estate or effects, or Lawful to ar- such persons has moneys liable to satisfy his debts, which he fraudulently withholds, then in that case, it shall be lawful to arest the body of such debtor, either by bail process, capias ad satisfaciendum, or other process to arrest the body, known to the law; but in case the debtor thus arrested, shall make oath before any person authorised to administer the same, that the particular ground upon which he is arrested is untrue, and that he has neither estate, effects or moneys whereby to satisfy the debt, or liable for the same, then he shall be released by the arresting officer immediately. est. Debtor to Sec. 3. And be it further enacted, That when a plaintiff or give schedule his agent shall take either of the alternative oaths required in the last of his effects, section, and the same shall not be controverted by the oath of the under oath. debtor, then such debtor may discharge himselt from said arrest by rendering a schedule of all the estate, effects, choses in action, and |