Officers. tioned, is hereby revived and continued in force, in reference to the original limits of said town and the limits specified in the first section of this act. Sec. 3. And be it further enacted, The inhabitants of said town, under the restrictions and qualifications named in the said act above mentioned, shall lawfully hold an election on the first Monday in March annually, for the election of five Commissioners to regulate Election of the affairs of said town: Provided, that the first election for said commissioners shall be held on the first Monday in March next, by Samuel W. McMinn, Robert B. Walker and William E. Self or a majority of them, and annually thereafter, by commissioners, who shall be selected by any justice of the peace of said town: And Provided further, that any election which shall not be held on the day herein appointed, may lawfully be held any day thereafter, which said justice may appoint, giving five days notice thereof. Approved, Feb. 2, 1839. To protect the character of Females from slanderous aspersions 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, all words spoken and published of any female person of this State, falesely and maliciously imputing to such female a want of chastity, shall be by the several courts of this State, having jurisdiction thereof, deemed and held actionable in themselves, without any averment or proof of special damages, and the person or persons injured, may maintain an action thereon as in other cases of slander, any lay to the contrary notwithstanding. Approved, Feb. 2, 1839. AN ACT 2 [No. 88.] vors. [No. 89.] AN ACT To incorporate the Argus Company of Volunteer Riflemen. Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the Volunteer Company of Riflemen, commanded by Captain Incorporation Joseph A. McQueen, in the county of Lowndes, be, and the same is hereby incorporated, and made and created a body politic, by the name of The Argus Rifle Company, and by that name shall be, and are made capable in law, to have a perpetuity by succession, to sue and be sued, to plead and be impleaded, to defend and be defended in any court of law or equity of this State, and to have generally all rights, powers and privileges incident to corporations, and not inconsistent with the constitution or laws of the United States or of this State. Sec. 2. And be it further enacted, That said corporation shall Pass by-laws. have power and authority to pass such ordinances or by-laws for the regulation or government of said company, as they may think proper, not inconsistent with the constitution or laws of the United States or of this State. Sec. 3. And be it further enacted, That said corporation may Appoint Secappoint a Secretary, Treasurer and such other officers as they may retary and think proper: Provided, that the officers of said company considered Treasurer. as a volunteer company of militia, shall correspond in number and rank with the officers of other similar companies as prescribed in the code of militia laws of this State. Sec. 4. And be it further enacted, That any person residing within fifteen miles of Argus, whether they reside in the county of Lowndes or some adjacent county, may become a member of said company. Volunteers exempt from Sec. 5. And be it further enacted, That it shall be the duty of any and every captain of a militia company or other officer in command, to strike from the roll of such militia company, any and every militia duty. private of such company who shall produce to him the certificate of the captain of the said volunteer company, that such private is a member of said volunteer company, and in uniform: Provided, nevertheless,that no militia company shall be reduced to a less number of privates than forty, including the non-commissioned officers thereof. Sec. 6. And be it further enacted, That said company, be, Company atand the same is hereby attached to the thirteenth brigade, Alabama Brigade. militia. "tached to 13th Sec. 7. And be it further enacted, That said company of volunteers shall be entitled to all privileges and liable to all the disabili ties of volunteer companies as prescribed in the code of militia laws of this State. Approved, Feb. 2, 1839. Touching fines imposed by Brigade Courts Martial. Section. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That hereafter, the Brigadier General of all the brigades in this State, wherein brigade encampments are authorised, shali, have power to G Incorporation Privileges suspend the collection of any fine already imposed or that may be hereafter imposed on any officer for non-attendance at brigade encampments, and to report the cause to the next succeeding court martial for consideration, the decision of which shall be final: Provided, it first appears to the satisfaction of such Brigadier General that the party fined, had a good excuse for not attending the encampment and also the court imposing the fine. Approved, Feb. 2, 1839. To Incorporate the Mobile Manufacturing Company. Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That Henry A. Donaldson, A. A. Dexter, and their associates are hereby constituted a body corporate and politic, under the name and style of the Mobile Manufacturing Company, for the purpose of manufacturing cotton, hemp, wool, flax, silk, or any other article or articles of the growth and produce of the United Sta es or of foreign importations, and by that name and style, may sue and be sued, answer and be answered unto in any court of law or equity; and may have and use a common seal, and the same to alter and amend at pleasure; and may have and hold real and personal estate, to the extent convenient for the advantageous prosecution of their business; with power to make such rules, by-laws and regulations for the good government of said company, as may not be inconsistent with the laws of this State or of the United States. Sec 2. And be it further enacted, That the capital stock of said Capital stock company shall not exceed five hundred thousand dollars, to be divi$500,000. ded into five thousand shares, of one hundred dollars each, for subscription to which, books shall be opened at such time and place, or Open books. times and places, as the parties may select; the company not to be considered as organized until the sum of fifty thousand dollars shall have been subscribed to said stock. May transfer ~ stock. Sec. 3. And be it further enacted, That the stock of said company shall be taken and deemed as personal property, and may be transferred and sold as such; and said company may have and enjoy perpetual succession: Provided, nevertheless, that nothing herein. Banking pro- contained, shall authorise the exercise of hanking privileges by said Approved, Feb. 2, 1839. hibited. Incorporation corporation. [No. 92. AN ACT To incorporate the Fayetteville Male and Female Academy in Fayette county. Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That Jesse Vanhoose, James M. Morrow, William S. Harkins, Levi Lindsey, Charles H. Jones. Alvis Davis and Daniel Peyton, and their successors in office, shall be, and they are hereby created and established a body corporate, in deed and in law, by the name and style of the Trustees of the Fayetteville Male and Female APowers, &c. cademy, and by that name and style, they and their successors shall have power to receive donations, borrow money, purchase, have, hold and dispose of, real and personal property, and to sue and be sued, plead and, be impleaded, in any court of law or equity, and to recover all debts due and owing or that may become due, or owing to them, for the benefit of said Intitution. vacancies. Sec. 2. And be it further enacted, That the said Trustees or Trustees may their successors, shall have power to appoint any officers of their appoint offiboard that they may deem advisable, and to fill any vacancy therein, cers and fill to employ, pay, govern and discharge all and any number of teachers as they may deem necessary and proper for said Institution, and to make all by-laws,and to do every thing else for the government of said Institution, not inconsistent with the laws and constitution of the United States and of this State. Sec. 3. And be it further enacted, That said Trustees and their Keep a seal successors, shall have power to establish and use a corporate seal and the same to break; alter or renew at pleasure. Sec. 4. And be it further enacted, That all property of said cor- Property exporation, be exempt from any taxes whatever. Approved, Feb. 2, 1839. Concerning Steam and Horse Mills. Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That hereafter, all Steam and Horse Mills that grind for toll, are hereby declared to be public mills, and subject to all the rules, regulations, restrictions and provisions of the several acts passed concerning mills and millers, any law, usage or custom to the contrary not withstanding. Approved, Feb. 2, 1839. [No. 94.] AN ACT Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That all covenants, convey ances and all contracts in writing, which import on their face to be under seal, shall be taken, deemed and held to be sealed instruments, and shall have the same effect as if the seal of the party or parties were affixed thereto, whether there be a scrawl to the name of such party or parties or not. [No. 95.] Approved, February 2, 1839. AN ACT To attach a part of the county of Tallapoosa to the county of Montgomery. Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That all that part of the county of Tallapoosa, which lies south of the line between township seventeen and township eighteen, and west of the Tallepoosa river, be, and the same is hereby attached to the county of Montgomery. Approved, Feb. 2, 1839. To authorise the extension of the Tuscumbia, Courtland and Decatur Rall Road. Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, empt from taxation. may open books. Tarver, David Deshler, David S. Goodlow, Isaac H. Walker, ArmComm'rs ap- stead Barton, and Isaac Lane, and they are hereby appointed compointed, who, missioners with authority to open books for the subscription of three thousand shares of stock of one hundred dollars each, for the continuation and extension of the Tuscumbia, Courtland and Decatur rail road, from the town of Tuscumbia, westward, to the line dividing the state of Alabama and Mississippi; said road to be so located as to connect with a rail road passing through the state of Mississippi and connecting with the Memphis and Lagrange rail road at the town of Lagrange, in the state of Tennessee. ers to open in or out of this State. Proviso. Sec. 2. And be it further enacted, That said commissioners may meet in the town of Tuscumbia and may proceed to appoint Com'rs may three of their number to open books, and superintend the receiving appoint oth- of subscriptions for stock in said Tuscumbia, Courtland and Decatur books either rail road company; the said commissioners, or a majority of them, may also have power to appoint three commissioners to open books, and to receive subscriptions for stock, at such places, in or out of this state, as they may deem expedient; such books for subscription, in all cases, to remain open for the space of twenty days, and no longer; the said commissioners having, in all cases, first given at least twenty days notice, in some newspaper of the time and place of opening said books: Provided, however, if the subscription of stock hereby authorised, should exceed the sum of three thousand shares aforesaid, Inhabitants of the subscribers for stock residing in the state of Alabama, may have this state to the preference over non-resident subscribers, and in case of an excess have preference over non in the amount of stock subscribed in this state, the stock shall be residents. scaled pro rata: Provided furthermore, that in case the amount of three thousand shares should not be subscribed for within the time Books may be above limited, said commissioners, or a majority of them, may have open from the power to open books, from time to time, in the manner herein before prescribed, until the full amount of three thousand shares shall be subscribed. Tthe sum of two dollars shall be paid upon each share of stock so subscribed for at the time of subscribing, and no certificate of subscription shall be granted by the commissioners until the payment of the said sum of two dollars upon each share shall be paid. time to time. Sec. 3. And be it further enacted, That so soon as the sum of one hundred and fifty thousand dollars shall have been subscribed, and which shall not be applied to any other purpose than that of constructing the said road from Tuscumbia to the Mississippi state line, Com'rs to re the said commissioners shall forthwith report to the president aud and Directors directors of the Tuscumbia, Courtland and Decatur rail road company, the names of the subscribers for stock, the amount subscribed, and the amount of money by them received, together with whatever else they may have done in the premises. port to Pres't of T. C. & D. R. R. Co. Duties and Sec. 4. And be it further enacted, That upon receiving such report, the said president and directors, shall proceed to locate said privileges of road, and to let the same to contract, and generally to do every thing Prest and Di- necessary to be done for the purpose of completing the same, under rectors. the same rules and regulations which are prescribed in the original |