this section shall be exercised for no other purpose than that of enabling said company to prosecute the works authorised in this act, and Provided further, that the said company shall not have nor exercise banking privileges; Provided, the road or roads authorised to be constructed in pursuance of this act, shall be comnienced within two and completed in eight years, and Provided this act shall not be so construed as to prevent the Legislature from granting a charter to any other company to construct a road or roads through either of said counties, of Perry, Marengo, Greene or any part thereof, Approved Feb. 2, 1839. AN ACT [No. 78.] Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, Acts of Com That all the sales of lots made by said Commissioners to the highest missioners le. galized. bidder, made publicly, after public notice, and in pursuance of said notice, be, and they are hereby declared to be legal, good, valid and binding to all intents and purposes, whatsoever, according to the conditions of the bonds or obligations entered into by the purchasers Com'rs appointed. of said lots. Sec. 2. And be it further enacted, That the said Commissioners, to wit: E. A. McCracken, B. B. Thompson, A. J. Copeland, H. F. Smith, John C. Rhea and John M. Hendricks, and in addition. to them, G. W. Crazier and J. V. Hogg, and their successors in office, be, and they are hereby constituted a Board of Commissioners for the County Seat of the said Cherokee County, a majority of whom shall be competent to transact business, and they may choose out of Com'rs. may their own body a Chairman, Secretary and Treasurer, and pass such pass by-laws, rules and by-laws, not contrary to the constitution and laws of this State, for their government, as they may from time to time deem fit. Sec. 3. And be it further enacted, That so soon as practicable, after the passage of this law, the said Board of Commissioners shall Powers, &c. extend the time of the indebtedness of those who have heretofore purchased a lot or lots at said Seat of Justice, to any period that they deem fit, not exceeding three years from and after the first day of January, one thousand eight hundred and thirty-nine, by said purchasers, their legal agent, attorney, or assignee, renewing their bonds with approved security, payable to the Judge of the County Court. for said county, and his successors in office, conditioned in all other respects as the bonds originally were conditioned. Sec. 4. And be it further enacted, That said Commissioners Com's requi red to sell lots shall, so soon as practicable, proceed to sell to the highest bidder, at the Court-House door, the lots that yet remain unsold, giving in all cases at least twenty days public notice of the day and place of such. sales, and the length of credit to be given, which shall in no case exceed three years from and after the first day of January, one thousand eight hundred and thirty-nine, taking therefor, the purchasers bond with approved security, payable to the Judge of the County Court for said county, and his successors in office. Sec. 5. And be it further enacted, That said Commissioners &c. shall, on or before the first day of the Commissioners' Court to be, To deliver to held for said county, in August next, surrender into the hands of the Treasurer the County Treasurer for said county, all the notes, papers and vouchers notes, papers, of whatever kind, or by whatever name called for, the purchase money of the lots of said County Seat, which may be, or of right ought to be, in their hands; taking therefor said Treasurer's receipt, which receipt shall be a good and sufficient indemnity to said Commissioners. Sec. 6. And be it further enacted, That said Board of Commissioners shall, at the said Commissioners' Court to be held in August next, make a fair, full, true and perfect account and settlement of all Com'rs duties matters and things that have heretofore been, or may hereafter be done and transacted by said Commissioners or their predecessors up to that time, with the Commissioners' Court aforesaid, and of all monies by them had and received, paid out, disbursed and expended in the erection of a temporary court-house, jail, public wells and public springs, and all expenses of laying off, surveying, advertising and selling said lots; and it shall be the duty of said court to allow said Board of Commissioners such compensation as the said Judge of the County Court, and Commissioners of Roads and Revenue may think reasonable: Provided, Such compensation shall not exceed two dollars per day to each Commissioner, and said Commiesioners shall at the time Com'rs to be compensated of making said settlement, pay over to the County Treasurer, whatever balance of monies or vouchers may be in the hands of said Board of Commissioners, taking therefor said Treasurer's receipt, which receipt, together with said settlement, shall be made a matter of record, and on the record in the office of said Commissioners' Court, and the like settlement shall be made every six months thereafter, until all the lots of said town are disposed of and accounted for. Sec. 7. And be it further enacted, That it shall be the duty of. said Commissioners' Court for said county, to appoint the above nam appointed to ed Commissioners, instead of the number now required by law, Com- superintend missioners to lay off, plan out and superintend the erection of perma- of the publie nent, public buildings for said county, under the same rules and reg- buildings. ulations now in force, for the government of Commissioners for like purposes. Com's to be the erection Sec. 8. And be it further enacted, That shall any vacancy or Vacancies vacancies occur in said Board, by neglect or refusal to act, death, re- how filled. signation, removal or otherwise, it shall be lawful for the remaining ones to fill the same by appointing others. record book. Sec. 9. And be it further enacted, That all the proceedings of the Commissioners heretofore had and done concerning the said town lots, Cǝm's requ shall be transcribed in a fair and legible hand by said commissioners, red to keep a in a well bound book to be provided by them for that purpose, and all the proceedings of said board of commissioners hereafter, shall be entered in like manner in said book, and it shall be the duty of the said board to keep in said book, a fair, full, true and perfect record of all things had and done by them concerning said premises, until the said lots shall be disposed of, and a final account and surJoungvel) sl 1 Make titles. To take oath. render as in this act contemplated, be made by said comissioners, at which time said book shall be deposited in the office of the office of the clerk of the county court for said county, there to remain and be kept by said clerk and his successors in office as a public record, free to the inspection of any person or persons interested; and said book while in the hands of said board of commissioners shall be free to the inspection of the county treasurer or other persons interested. Sec. 10. And be it further enacted, That said board of commissioners shall so soon as they are authorised and impowered by law, and the terms of the sales of the lots of said county seat, make to each purchaser of any lot a good and sufficient title to the same; and said commissioners are hereby authorised and required to do and perform any act or acts, thing or things that may be required or necessary under the laws of Congress or of this State to be done to enable them to make titles as aforesaid. Sec. 11. And be it further enacted, That each commissioner appointed by or under the authority of this act, shall before entering upon the duties of said appointment, take and subscribe the following oath, to wit: I, A. B. do solemnly swear or affirm, that I will, well and truly, do and perform all the duties of a commissioner as required by law so long as I remain one, to the best of my skill and ability so help me God, which oath taken and subscribed before the Judge of the County court for said county, after being made a matter of record in the office of the clerk of said court, shall be filed in the said clerks office and be by him preserved as other official papers are. Sec. 12. And be it further enacted, That all the monies and notes, bonds or other securities for money that may, or ought of right to come into the hands of the county treasurer for said county by virtue of this act, shall be a county fund for the use of said county, and shall be by said treasurer and his successors in office, collected, preserved and disbursed in the manner directed by law. [No. 78. AN ACT Approved Feb. 1, 1839. Making appropriation for the payment of the members and officers of the present General Assembly and for other purposes Section 1. Be it enacted by the Senate and House of Represen tatives of the State of Alabama in General Assembly convened, That the sum of forty-five thousand dollars, be, and the same is hereby appropriated, for the payment of the members of the present General Assembly, and the officers of the two Houses, out of any money in the Treasury not otherwise appropriated. Sec. 2. And be it further enacted, That the sum of two thousand dollars, be appropriated to the State printers, for extra services performed by them during the past year. Sec. 3. And be it further enacted, That the sum of one hundred dollars, be, and the same is hereby appropriated for the payment of Columbus W. Lea, for services rendered in aiding the Solicitor of the seventh judicial cuircuit, in prosecution of a quo warranto process against the Farmer's Banking Association of Demopolis, he having been retained under authority from His Excellency the Governor. Approved, Feb. 1, 1839. To incorporate the town of Linden in the county of Marengo. Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the town of Linden in the county of Marengo, be, and the Incorporation same is hereby incorporated. march for five Sec. 2. And be it further enacted, That on the first Monday in Election to March next, or within thirty days thereafter, and on the first Mon- to be held on day in March in each and every year thereafter, an election, by bal- 1st Monday in lot for five Councillors, resident land holders, shall be held at some Counsellors. public and convenient place in said town, who shall serve for the term of one year from said election and until their successors in office shall be qualified, which said election shall be conducted by any two of the then acting councillors, and the said councillors shall, on the day succeeding their election or within one week thereafter, in each and every year, meet and designate by a majority of votes, from their body, a President, whose duty it shall be to preside at all meetings of the Council; and in his absence or incapacity to attend, any member may be called to the chair, and a majority of the council shall constitute a quorum to do business, and the board is hereby constituted and declared to be a body politic and corporate, by the name of the President and Council of the town of Linden, and by Powers &c. that name, they and their successors in office, shall be capable of suing and being sued, plead and being impleaded in all manner of suits. either in law or equity, and shall have a common seal and may alter the same at pleasure, and may purchase, have, hold, possess, enjoy May hold proand retain in perpetuity for a term of years, any estate both real and perry to am't of $10,000 personal, not exceeding ten thousand dollars in value. Sec. 3. And be it further enacted, That the said corporation shall have full and complete power to make and pass by-laws and. ordinances as they may think proper, for the good government of said town, and affix such fines and penalties as may be deerned necessary to inforce the same: Provided, said town and ordinances be not repugnant to the constitution and laws of this State and of the United States. Raise reven. ue by laying Sec. 4. And be it further enacted, That the said corporation shall be authorised to raise a revenue to carry into effect all the objects of the corporation, by levying a tax on all lots, houses, lands tax and all other property of every description liable to taxation by the laws of this State: Provided, the tax thereon shall not exceed one half of the county tax. who shall give bond. Sec. 5. And be it further enacted, That the said corporation shall Constable to appoint a constable and such other officers as they may deem necessary, be appointed, and such constable when appointed, shall enter into bond with good and sufficient security, or securities, to be approved of by the President of said council, and made payable to the Governor and his successors in office, and shall moreover to take an oath before some justice of the peace, faithfully and correctly to discharge the several duties incumbent on him as constable of the said corporation, without favor or partiality, and the said constable shall be vested with all the pow how filled. ers and authorities that constables of the county are by the laws of this state, and shall exercise the same within the limits of the said corporation. Sec. 6. And be it further enacted, That the President shall ex officio, be invested with all the powers and authorities that justices of the peace are, by the laws of this State and shall and may exercise the same within the limits of said corporation, and the said President and constable shall be liable to the same restrictions and penalties as justices of the peace and constables of the county are, by the laws of this State. Sec. 7. And be it further enacted, That should any vacancies Vacancies occur in said board, such vacancies may be filled by the remaining members of said board, and the member or members so added, shall continue in office until the succeeding election and qualification as provided in the second section of this act. take oath. Sec. 8. And be it further enacted, That the President and CounPresident and cil and other officer in said board, shall take an oath before some Councilors to justice of the peace, faithfully and correctly to discharge the several duties imposed by this act, without favor, partiality or prejudice. Sec. 9. And be it further enacted, That the first election for First election said President and Council shall be held and conducted by David Curry, A. R. Manning and William Robinson or any two of them, who shall give ten days notice of said election by advertisement put up in three or more public places in said town: Provided, such election shall be held at the time pointed out by the second section of this act. Sec. 10. And be it further enacted, That the election for said Polls to be 0- council shall commence at the hour of twelve o'clock, of each pen from 12 day of said election, and be kept open until the hour of four till 4 o'clock. o'clock in the afternoon of the same day, and that all free white per sons of the age of twenty-one years and upwards, who shall be landholders or house-holders within the limits of the said corporation, or who shall have resided therein three months immediately preceding every such election, shall be entitled to vote at said election, and when the said election shall be closed, the managers thereof shall proceed to count out the votes and make known the result by public declaration, at the doors of the house where such election was held. Sec. 11. And be it further enacted, That all persons residing within the limits of said corporation, who shall be liable to work on roads, shall be liable to work on all roads, streets, lanes and alleys. within the limits of the same, and shall be exempt from working on roads without the limits aforesaid; Provided, that no person residing without the limits of said corporation, shall be compelled to work on any road, street, lane or alley within the limits of the same. Approved, Feb. 2, 1839. [No. 80. AN ACT To permit Administrators &c. to rent real estate and for other purposes. Section. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That it shall hereafter be lawful for Administrators and Executors |