to rent at public outcry, the real estate of any decedent until a final settlement of the estate of the said decedent is effected, and that the proceeds shall be assets in the hands of such Executor or Executrix, Administrator or Administrtors. Sec. 2. And be it further enacted, That hereafter in all cases, when Administrators, &c. shall be authorised by the decision of the Judge of the county court, to hold personal estate together for the space of ten years, on good cause shewn,they shall in like manner be authorised to retain in their possession the real estate of the deceased, and the same to cultive for a like space of time any usage, or custom to the contrary notwithstanding, reserving in all cases to the widow her dower. Approved, Feb. 2, 1839 Amendatory of the laws in relation to Escheats. Whereas it has happened that aliens have become seized and possessed of real property in this State, which has afterwards been sold under decrees of the circuit or county courts of the State to provide for the payment of the debts of such alien or to effect distri bution of his estate or for other purposes within the jurisdiction of such courts, and whereas the same has come into possession of purchasers at such sales, whose titles are liable to be disquieted. For remedy whereof. Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the right, title, claim and interest of all purchasers of real estate acquired at any judicial sale in this State, heretofore made, shall not be subject to any objection by reason of the alienage of the person whose real estate was so sold as aforesaid, and that all right, title, claim and interest of the State of Alabama in and to the said lands acquired or which might be acquired by reason of such alienage, is hereby remised and released to the purchaser of the same, and shall be considered to have passed at the said sale. [No. 82.] -4444 AN ACT Approved, Feb. 2, 1839. To incorporate the town of Warsaw in the county of Sumter. 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 Warsaw, in the county of Sumter be, and the same is hereby incor- Incorporation porated, and that all that tract of land lying within the following bounds, viz: beginning at the mouth of Frueache creek, running up the channel of said creek to Stephen's brick yard, including the same; from thence, south one half mile to a stake; thence due east to the Tombigby river, thence up the same to the begining, be, and the same is hereby declared to be, within the limits of the same. Elections Sec. 2. And be it further enacted, That on the first Monday in April, in each and every year, an election shall be held at the most held annually public and convenient place, in said town, for five councillors, who shall serve for the term of one year, which election shall be conducted by any two of the acting councillors, and the said councillors ue by levying shall on the day succeeding their election, in each and every year, meet, and designate by a majority of votes from their own body, an Intendant, whose duty it shall be, to preside at all meetings of the councillors, and in his absence or incapacity to attend, any member may be called to the chair, and a majority of said board of councillors shall constitute a quorum to do business, and said board is hereby constituted and declared to be a body politic and corporate, by the name of the Intendant and council of the town of Warsaw; and by that name shall have and enjoy all the rights, powers, and privileges, and be subject to all the liabilities that are incident to bodies corporate. Sec. 3. And be it further enacted, That the said corporation, shall have full and complete power to make such by-laws and ordinance as they may think proper for the good government of said town, and to affix such fines and penalties as may be deemed necessary to enforce the same: Provided, said laws and ordinances be not repugnant to the constitution and laws of this State and of the United States. Sec. 4. And be it further enacted, That the said corporation shall be authorised to raise a revenue, to carry into effect all the obRaise reven- jects of this corporation, by laying a tax upon the town lots, houses, sales at action, and on all species of merchandize vended or sold by the merchants of said town; Provided, that said tax shall not exceed one half of the county tax. tax. Appoint constable. Sec. 5. And be it further enacted, That the said corporation shall appoint a constable and such other officers as they may deem expedient. Sec. 6. And be it further enacted, That the said Intendant, shall ex officio be vested 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 the said corporation, and the said constable shall be vested with all the powers and authorities that constables of the county are by the laws of this State, and may exercise the same within the limits of said corporation, and the said Intendant and constable shall be liable to the same restrictions and penalties as Justices of the Peace and constables of the county are. Sec. 7. And be it further enacted, That should any vacancies occur in the said board, such vacancies shall be filled by the remainVacancies ing members of the board, and the member or members so added, shall continue in office until the succeeding election, and the Intendeant, councillors and other officers shall continue in office until their succe sois are qualified. how filled. Council take Sec. 8. And be it further enacted, That the said Intendant Officers of the councillors and other officers, shall before they enter on the duties of their respective offices take an oath before some Justice of the Peace, faithfully and correctly to discharge the several duties impos. ed by this act, without favor or partiality. oath. Constable to give bond. Sec. 9. And be it further enacted, That the said constable shall not only take the oath required by this act, but shall, before he enters on the duties of his office, enter into bond with good and suffi cient securities to be approved by the Intendant of the said corporation. Sec. 10. And be it further enacted, That J. H. Mosely, Henry Johnson, M. J. Kaird, P. C. Cromwell and D. G. Campbell, be and they are hereby appointed commissioners to hold the first election for said councillors, which election shall take place on the first Monday in April, eighteen hundred and thirty-nine, at the place designated by this act. till 4 o'clock Sec. 11. And be it further enacted, That the election for said Polls to be ocouncillors of the town of Warsaw, shall commence at the hour of pen from 12 twelve o'clock, and be kept open until the hour of four in the afternoon, and that all free holders and house holders, twenty-one years of age and residing within the limits of the said corporation, be competent to vote for said councillors. No. 83. Approved, February 2, 1838. AN ACT To prohibit unlawful Banking Associations 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 from and after the passage of this act, it shall be unlawful for any person or persons, or any company, corporation, or unchartered banking association, to make, emit, issue or put in circulation any note, bill, bond, draft, check, or post note, or paper of any name or description whatsoever, to answer the purpose of money, or for general circulation, and for every such note, bill, bond, draft, check, post note, or other paper so made, emitted, issued, or put in circulation, such person or persons, and each and every individual of said company, corporation or unchartered banking association, so making, issuing, emitting or puting in circulation, such note, bill, bond, draft, check, post note or other paper, shall be held to be guilty of a misdemeanor, and shall be liable to be indicted therefor; and convicupon tion, shall be fined for every such offence, at the discretion of the jury trying the same, not less than one hundred, nor more than five hundred dollars. Sec. 2. And be it further enacted by the authority aforesaid, That if any person or persons, shall sign any note, bill, bond, draft, check, post note or other paper of any name or description whatsoever, as cashier or president, or under any other name or in the name of any company, incorporation or unchartered banking association, to be put in circulation to answer the purposes of money, such president or cashier, or other person, under any other name so signing said note, bill, bond draft, check, post note, or paper as aforesaid shall be deemed guilty of a misdemeanor, and shall be liable to be indicted, and upon conviction shall be fined for each and every such offence, in a sum not less than one hundred, nor more than five hundred dollars, at the discretion of the jury trying the same, and the signatures of the person or persons so charged to the note, bond, bill, draft, check, post note or paper aforesaid, shall be taken, and held to be proof of such signing, unless the fact of signing be denied on oath by the defendant. Sec. 3. And be it further enacted by the authority aforesaid, That from and after the third day of July next, it shall be unlawful for Penalty for siging such notes, bills, &c any person or persons within the limits of the State of Alabama to pass off, issue, emit, or put in circulation, any note, bill, bond, check, draft or post note, of any incorporation, company, or unchartered banking association, and any person or persons violating the provisions of this section, shall be deemed guilty of a misdemeanor, and shall be liable to be indicted, and upon conviction, shall be fined for every such note, bill, bond, check, draft, or other post note so issued, Fine for pas- emited, passed off or put in circulation, not less than twenty, nor more than one hundred dollars, at the discretion of the jury trying said offence. sing such notes, &c Sec. 4. And be it further enacted by the authority aforesaid, That each and every person who may be a partner, or stock-holder, in any company, corporation or unchartered banking association, shall be liable to the holder of any note, bill, bond, or post note issued, emitted, or put in circulation by said company, corporation or unchartered banking association, for the amount of said note, bill, bond, or post note, whether he be a limited co-partner or not, which may be recovered by the holder thereof before any court having competent jurisdiction, any law to the contrary notwithstanding. Sec. 9. And be it further enacted by the authority aforesaid, That all laws and parts of laws contravening the provisions of this, act be and the same are hereby repealed; Provided however, that nothing in this act contained, shall be so construed as to prohibit the several banks which have been chartered by the general assembly of the State of Alabama, from exercising such powers and privileges as are conferred by their respective charters, and Provided also, that this act shall not be construed to extend to the circulation of the bank notes of incorporated banks of other States of the denomination of five dollars and others above that denomination. Sec. 6. And be it further enacted by the authority aforesaid, That it shall be the duty of the several Judges of the circuit courts of this State, to give this act in charge to the grand jurors, which jurors are hereby required to enforce its provisions and make presentments or find indictments for all infractions of this act which may come to their knowledge. Sec. 7. And be it further enacted by the authority aforesaid, That from and after the passage of this act and until the third day of July next, that any person or persons who shall pass off or transfer by delivering any bill, bond, note, draft, check, post note or paper of any name or description whatsoever to answer to answer the purpose of money, or as a circulating medium which shall have been emited or put in circulation by any company, incorporation, or unchartered banking association, either in or out of this State, he or they shall be deemed and taken as the endorser thereof, and shall be liable to the person or persons to whom the same shall have been passed off or transferred for the amount of said bill, bond, draft, check, post note, or paper as aforesaid, in any action thereof, without notice, protest, suit or demand against the makers of the aforesaid papers. Approved, Feb. 2, 1839. [No. 84.] AN ACT To regulate Dower. Section 1. Be it enacted by the Senate and House of Represenatives of the State of Alabama in General Assembly convened, That hereafter when any feme covert, shall join with her husband in Relinquishment may be the execution of any deed of conveyance of lands, tenements and made in pres hereditaments, in the presence of two or more credible attesting wit- ence of two witnesses nesses, or shall acknowledge the execution of the same before any person authorised by law to take acknowledgements of deeds, the same shall operate as an absolute and perpetual bar, to her right of dower in, and to, any lands, tenements and hereditainents embraced in, or conveyed by such deed, any law, usage or custom to the contrary notwithstanding. Approved, Feb. 2, 1839. To alter and amend the laws regulating the admission and practice of Counsellors and Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assemby convened, That when any person applying to the Supreme Court of this State, for a license to practice in the courts of the State, shall produce to the court evidence of good moral character, and shall also produce a license authorising such person to practice law in the highest court of any of the States in the union, the said court shall be authorised to grant such person a license to practice law as aforesaid, without examining or causing such person to be examined in open court: Provided, that this act shall not be construed to dispense with the oaths now required to be taken by attorneys and counsellors at law. Approved, Feb. 2, 1839. limits To amend the laws now in force incorporating the town of North Tuscaloosa. Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That all that portion of the county of Tuscaloosa lying within the following limits, to wit: commencing at the junction of the first Corporation branch below Main street in the town of North Tuscaloose, with the river, thence in a northern direction on the line dividing said town of North Tuscaloosa from the lands of John M. Jenkens, to a point opposite the northern boundary line of the lot belonging to the Female Academy, thence east so as to include said Academy to Crabb's road, thence south to the river, at the junction of the branch first, above the Main street of said town of North Tuscaloosa, thence to the beginning, shall be included in and form a part of the town of North Tuscaloosa inclusive with the limits of the said town, as incorporeted, under the provisions of an act entitled an act to establish and incorporate the town of North Tuskaloosa, approved, January the second, eighteen hundred and thirty-three, with all the powers corporate rights and privileges contained and granted in said act. Sec. 2. And be it further enacted, The said act approved the second of January, eighteen hundred and thirty-three, above men-` |