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(No. 76.;

AN ACT *To incorporate the town of Mardisville in the county of Talladega. Section 1. Be it enacted by the Senate and House of Representatives of the Slate of Alabama in Geeral Assembly convened,

That the tract of land included within the following boundaries, to Incorporation wit: the east half of the north west one fourth, and west half of the

north east quarter of section eighteen, township nineteen, range five east; and also twenty acres of the east half, of the south-west one fourth, and thirty acres of the west half, of the south east one fourth of section seven, township nineteen, range five east, so as to include the former residence of General J. T. Bradford and Doct. Alex. ander Hutchison, shall be designated by the name of the town of the town of Mardisville, and the citizens residing within the limits of said town as hereby established, shall be, and they are hereby constituted a body politic and corporate, by the name and style of the President and Trustees of the town of Mardisville, and by their said corporate name and style, they may sue and be sued, plead and be impleaded either at law or in equity, and may grant, receive and do all other act as natural persons and may have and use a corporate seal, which they may alter at pleasure.

Sec. 2. And be it further enacted. That the said corporation

shall elect a board, to be denominated the president and trustees of Election for

the town of Mardisville, which board shall consist of five members, residents of said town over the age of twenty one years, and the said five members shall be elected annually by ballot, in a general ticket by the free white male inhabitants of the age of twenty-one years and upwards having resided in the State twelve months, the last three monihs of which he shall have rasided within the town, which five members so elected shall within three days after such election meet and elect by a majority of votes from their own body a president whose duty it shall be to preside and keep order at all meetings of said trustees and in his absence or incapacity any other member may be called to the chair.

Sec. 3. And be it further enacted, 'That the first election shall be held by a Justice of the Peace for said county, and two free-holders or house-holders, to be by him appointed, on the first Monday

in March, eighteen hundred and thirty-nine, and annually thereafter Elections

on the first Monday in January in each and every year, giving at least when held.

ten days notice of the time and place of said election, and the five persons receiving the highest number of votes shall be trustees of said town, for the ensuing year; and if any two or more shall receive an equal number of votes it shall be the duty of the Justice of the Peace holding said election, to declare which of said persons is elected, and to give the person so elected a certificate of the same, and the trustees so elected shall take the oath required by law to be taken by all civil officers in this State, and an oath to discharge without favor or partiality the duties imposed by this act, Provided, that if the said Justice and free-holders or house-holders shall fail at any time to hold an election at the time herein appointed, it shall be the duty of the board of Trustees to appoint two of their body to hold

President and
Director to

other powers

said election, whose duty it shall be to advertise in three of the most public places in said town setting forth the time not less than ten days, in which they will hold an election for trustees of said town.

Sec. 4. And be it further enacted, That the president of the said President incorporation shall possess and have all the powers of a Justice of the veeted with Peace for Talladega county; and in addition to the oaths prescribed powers of jus.

. by this act to be taken by the trustees, shall take an oath without favor or partiallity to discharge the duties incident to said office.

Sec. 5. And be it further enacted, That the president and trustees or a majoriiy of them shall have power to appoint a clerk, and assessor and collector of taxes and a treasurer, and to pass by-laws, and and ordinances not inconsistent with the constitution and laws of this to appoint a State, to restain and prohibit gambling, to repair the streets, aven- and treasurer ues, causeways and bridges, to inflict appropriate fines and penalties and exercise for injuring, or in any manner obstructing the same; to lay taxes and provide for the collection of the same; 10 restrain and prohibit the nightly and other meetings or disorderly assemblies of slaves, free negroes and knarish and disorderly persons, to enforce the collection of fines and penalties for violating any of the by-laws or ordinances adopted for the regulation of said corporation,

Sec. 6. And be it further enacted, That the president and trustees shall have power to levy a tax on all property taxable by the laws of the State both real and personal, as well as a poll tax, Pro

Power to levy vided, that they shall not be allowed to levy a tax exceeding the State à tax. tax on real and personal property, prior to the repeal of the same, nor on keepers of Groceries, a tax exceeding twenty-five dollars, And Provided also, that the tax on property be laid in pursuance of an assessment and valuation of said property by the assessor of said incorporation, which assessment shall be made in pursnance of an ore der of the board and returned to the clerk of the corporation, containing a list of the property so assessed with the names of the owners thereof, and the value of each article distinctly; and the said President and trustees shall prescribe the mode of collecting the said tax when the same has been given in to the assessor, for laxation, or for collecting a double tax when the same has not been given in for taxation, either by sale or otherwise; and said board of trustees, shall have full power to prescribe the mode and time in which the collector shall collect and pay over the money by him collected, and to enforce obedience and punctuality in their offices by proper and appropriate penalties to be inflicted by motion, against them and their securities before said board, whose order or judgment in all cases shall have the force of a judgment at law, on which a similar process may issue, as from a Justice of the Peace.

Sec. 7. And be it further enacted, That the said president and trustees shall have power to appoint an overseer of the streets, lanes

Appoint averand avenues of said town, whose duty it shall be to open and keep seer of sweet. them in good repair with the hands belonging to said town, and shall also have power to impose a fine or fines on any person, who, after living notified of his appointment, shall refuse to act as overseer with: out a sufficient excuse to be judged of by the board of trustees, and

also to impose a fine not exceeding one dollar per day on all persons residing in said town required by the general road law to work on public roads, who shall neglect or refuse to work on the streets of said town after being notified by the overseer at least one day before

the time of working on said streets, and shall also have power to imImpose fines.

pose a fine on said overseer not exceeding twenty dollars for refusing or neglecting to keep the streets of said town in good repair, Provided, that nothing herein contained shall be so construed as to permit the said overseer of streets from being liable to indictment in the Circuit court for neglect of duty as overseer of public roads, and Provided, that no person residing within the limits of said incorporation shall be compelled to work further than one mile and a half on the public roads beyond the limits of said town.

Sec. 8. And be it further enacted, That the president and trus.

tees shall keep a record of their proceedings in which the all the Keep record ordinances, by-laws, and orders of said incorporation shall be reg. of proceed ings. ularly entered and signed by the president or in his absence by the

trustee presiding, and that a regularly certified copy of any of the proceedings of said board by the clerk shall be received as evidence prima fucia of the fact and that the record and proceedings of said board shall be opened at all times for the inspection of any person interested therein, and shall also cause the by laws, ordinances, and regulations of said corporation to be published for the information of those concerned.

Sec. 9. And be it further enacted, That there shall be elected anElect consta- nually at the time of electing trustees for said incorporation a con

stable, who shall possess the same power and privileges as a constable under the State laws, and that the officers of the incorporation unless otherwise provided for by the board of trustees, shall have the san?e fees as State officers for like services,

Sec. 10. And be it further enacted, That the president of the Power of pre

board possessing all the powers of a Justice of the Peace within the bounds of the said incorporation, shall have exclusive jurisdiction of all matters and things arising arising under any of the regulatious, ordinances and by-laws of the incorporation, and shall have power and jurisdiction to hear and determine all offences, fines, and forfeitures arising under the laws of the incorporation, when the same does not exceed fifty dollars; Provided however, that in all cases when any person shall be dissatisfied with his decision he she or they may appeal therefrom to the next term of the Circuit Court under the same rules and regulations as are prescribed for taking appeals from

judgınents of Justices of the Peace under the State laws. Officers to Sec. 11. And be it further enacted, That the collector, treasgive bond

vrer and constable of said incorporation, before they enter upon the duties of their office, shall enter into bond with security to the president and trustees and their successors in office in the sum of five hun. dred dollars, conditioned for the faithful discharge of the duties attached to said office, on which an action may be brought in the name of the president or his successors for the use of the corperation, or party injured before any tribunal having jurisdiction thereof.

ble

sident.

i Sec. 12. And be it further enacted, That a majority of the pres. ident and trustees in all cases not otherwise provided for, shall constitute a quorum to transact business, and that in case of death, removal or inability of the president to act, the trustees shall proceed.

Vacancies to elect another in his stead, and in case of the death removal or in- how filled. ability to act of any of the trustees, the remaining trustees shall have power to fill the vacancy for the residue of the time, and that the president and trustees in office shall continue to act until their succes-. sors have been elected and qualified.

Approved Feb. 1, 1839.

(No. 77)

AN ACT
To revive, alter and amend an act, entitled an act, to incorporate the Demopolis and

and Woodville Rail Road Company.
Section 1. Be it enacted by the Senate and House of Representatives of
the State of Alabama in General Assembly convened, That all the rights,
powers and privileges conferred by an act entitled an act to incorporate the
Demopolis and Wooduille Rail Road Company, approved January the ninth,
eighteen hundred and thirty-six, upon the persons therein named, be and the
same are hereby convoyed to, and conferred upon Allen Glover, Julius Mar.
tineer, Thomas Buford, Goodman G. Griffin, John W. Henley, Andrew J.
Crawford, James M. Devenport, Forrest Garthar, John McRae, William F.,
Strudwick, William Manning, James Pickens, W. J. Croom, James W.
Witherspoon, William Armstead, Samuel Strudwick and their associates and
successors in office; and it shall be the duty of the aforesaid persons, upon
thirty days notice to be given through the newspapers of Demopolis and
Greensboro by not less than six of their number, to assemble at the time and
place mentioned in said notice for the purpose of electing one of their num.
ber president and organizing themselves into a board of Directors, to be
known and designated as the President and Directors of the Demopolis and
Greensboro Rail Road Company whose object shall be and whose rights,
powers and privileges shall be, and the same are hereby made sufficient to
enable them to construct a rail road from the town of Demopolis to the town
of Greensboro; and also a rail road from Demopolis or any point on the
aforementioned rail road to any other point in a direction east of Demopolis
within the counties of Marengo or Perry, Provided, that in the prosecution
of said work the said Board shall comply with such terms and conditions
and be subject to such restrictions as are provided in the aforementioned
act.

Sec. 2. And be it further enacted, That the president and board of directors established by this act shall, at as early a period as practicable, cause books to be opened for the subscription of stock at such times and places as they may deem expedient and do all other matters and things which may be necessary to organize a company of stockholders according to the provisions, and

upon the principles of the aforementioned act, and they shall continue in office for the term of one year from the passage of this act or until their successors in office are elected, and the elections of Directors shall be annual and shall take place at Demopolis at such periods as the stockholders

Sec. 3. And be it further enacted, That the president and board of direc- May borrow tors of the

be formed under the provisions of this act, shall have power to borrow money by pledges of stock bonds or promissory obligations predicated upon pledges of stock or upon the private responsi. bilities of the stockholders or both, Provided, that the powers conveyed in

company

that may

may elect.

money

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