MASONIC INSTITUTIONS. subordinate 1. Be it enacted, &c. That Thomas W. Farrar, Grand Master, and 1821–(11). others the officers and members of the most worshipful grand lodge of Grand and ancient free-masons of Alabama, and the subordinate lodges under its lodges incorjurisdiction, and the several persons who now are, or shall hereafter porated. be members respectively of said grand lodge, or the subordinate lodges under its jurisdiction, shall be, and they are hereby declared to be, a body politic and corporate, in name and in deed, by the name and style of the "Most Worshipful Grand Lodge of Ancient Free-Ma- Style of corsons of Alabama, and its Masonic Jurisdiction," and by the same name shall have perpetual succession of officers and members, and a common seal, with power to change, alter, and make new the same, as often as the said corporation shall judge expedient. poration. 2. The said society, and the lodges under its jurisdiction, shall be May hold able and capable in law to purchase, have, hold, receive, enjoy, posreal property, sess, and retain to itself, or any lodge under its jurisdiction, or any of them in perpetuity, or for any term of years, any lands, tenements, or hereditaments, of what kind or nature soever, not exceeding the value of twenty thousand dollars; and to sell, alien, exchange, or demise, or lease the same, or any part thereof, as the said corporation shall think proper, and by the same name to sue and be sued, to plead and be impleaded, answer and be answered unto, in any court of law or equity in this state, and to make such rules, orders, and by-laws, not may make by-laws, repugnant to the laws of this state, as may be necessary for the order, rule, good government, and management thereof; and it shall be law- and constiful for the said society to constitute subordinate lodges, and to do all nate lodges, other things concerning the government, the estates, moneys, and re- &c. venues of said grand lodge and subordinate lodges. tute subordi charitable §3. It shall be lawful for the said corporation to take and hold for May hold ever, any charitable donation on devises, and bequest of lands not ex- donation in ceeding ten thousand dollars, and to appropriate the same for the perpetuity. benefit of said corporation, in such manner as may be determined by the same. any estate §4. The said corporation shall be capable in law to have, hold, and May hold receive, possess and enjoy all such estates, real and personal, moneys, bequeathed. goods, chattels, and effects, which may be devised or bequeathed thereto, by whatever name such gift, devise, or bequest may be made, and to receive subscriptions and other contributions. lic. § 5. This act shall be deemed and taken as a public act, and notice This act pubthereof shall be taken in all the courts of justice and elsewhere in this state, and shall be given in evidence on any trial of any issue or cause, without special pleading. Sec. 12. § 6. The worshipful master and officers of every lodge of ancient 1821-(18) free-masons in the state of Alabama, shall have the privilege of raising Every lodge by lottery the sum of three thousand dollars for the use and benefit of may raise their lodges respectively, as prescribed by the provisions of this act by lottery. for the benefit of Russelville Lodge, No. 7, of ancient free-masons. NOTE. The law from which the last section is taken, may be found at large among the private acts in Toulmin's Digest, page 584. 3000 dollars 1821-(9) Mechanics to have lien on buildings worked on by them, until paid. Lien, how, cases en orced. MECHANICS. § 1. MASTER-BUILDERS and mechanics of every denomination, contracting and engaging to put up and erect buildings of any description, or engaging to perform jobs of work on any such buildings, shall have a lien on all such buildings as they may put up, or erect, or work upon, until the compensation for services shall be fully paid and satisfied, to the amount agreed upon between the contracting parties, unless a contrary stipulation be expressly agreed upon at the time the contract is made and executed. §2. The persons aforementioned shall enforce the aforesaid lien and in what only in the following cases, that is to say: First, where the contract shall be reduced to writing, and signed by the parties making the same. Secondly, where the amount shall be liquidated between the contracting parties, and a net balance be struck in favor of the person contracting to perform work as aforesaid, or to find or provide materials. Thirdly, where the contracting parties refer the matters in controversy between them to arbitration, and an award is made in favor of the master-builder or mechanic. Fourthly, when the judgment of a competent tribunal shall be rendered in favor of the master-builder or mechanic; it being understood, that should their claim be contested, even where a net balance is struck, they shall proceed according to a due course of law to judgment and execution, as also where they refer their matters in dispute to arbitration, and an award is made in their favor, unless the contrary be expressly stipulated, or where such award is made under a rule of court from the competent tribunal. Contracts to be recorded forfeited. §3. Every contract entered into pursuant to the provisions of this within thirty act, shall be recorded in the clerk's office of the inferior or county days, or lien court, for the county where the contract shall be made, within thirty days after its execution, for the inspection and examination of all persons whom it may concern; otherwise the party in whose favor the same shall be made, shall lose the benefit of his privilege and lien, and shall be in the same situation as if this act had not been passed. Con. U.S., Con. Ala. (Militia.) MILITIA. CHAPTER I.-Constitutional Provisions. The congress shall have power: 14. To provide for calling forth the militia to execute the laws of the union, suppress insurrections, and repel invasions: 15. To provide for organizing, arming, and disciplining the mili tia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively, the appointment of the officers, and the authority of training the militia ac cording to the discipline prescribed by congress. § 1. The general assembly shall provide by law for organizing and disciplining the militia of this state, in such manner as they shall deem expedient, not incompatible with the constitution and laws of the United States in relation thereto. § 2. Any person who conscientiously scruples to bear arms shall not be compelled to do so, but shall pay an equivalent for personal service. §3. The governor shall have power to call forth the militia to execute the laws of the state, to suppress insurrections, and repel invasions. § 4. All officers of the militia shall be elected or appointed in such manner as may be prescribed by law: Provided, That the general assembly shall not make any such elections or appointments, other than those of adjutants-general, and quarter masters-general. § 5. The governor shall appoint his aids-de-camp; majors-general, their aids-de-camp, and all other division and staff officers; brigadiersgeneral shall appoint their aids, and all other brigade staff officers; and colonels shall appoint their regimental staff officers. 6. The general assembly shall fix by law the method of dividing the militia into divisions, brigades, regiments, battalions, and companies; and shall fix the rank of all staff officers. CHAPTER II.-The Militia divided into Divisions, Brigades, Regiments, Battalions and Companies. vided into sions, brigades. 1. The militia of this state shall be composed of seven divisions; 1832 (21) the first division to consist of the counties of Jackson, Madison, Lime- Militia di stone, and Lauderdale; the second division, of the counties of Tusca- seven diviloosa, Pickens, Fayette, Marion, Lawrence, and Franklin; the third division, of the counties of Bibb, Perry, Greene, and Marengo; the fourth division, of the counties of Conecuh, Monroe, Butler, Clarke, Washington, Mobile, and Baldwin; the fifth division, of the counties of Henry, Pike, Dale, Covington, and Lowndes; the sixth division, of the counties of Montgomery, Autauga, Dallas, and Wilcox; the seventh division, of the counties of Shelby, Jefferson, St. Clair, Blount, Walker, and Morgan; each of which shall be commanded by a major-general, and the same to form the following brigades, to wit: the and fifteen first brigade to be composed of the militia of the county of Madison; the second, of the counties of Limestone and Lauderdale; the third, of the counties of Shelby, Jefferson, and St. Clair; the fourth, of the counties of Lawrence, Franklin, and Marion; the fifth, of the counties of Tuscaloosa, Pickens, and Fayette; the sixth, of the counties of Greene and Marengo; the seventh, of the counties of Dallas and Wilcox; the eighth, of the counties of Conecuh, Monroe, and Butler; the ninth, of the counties of Washington, Mobile, Baldwin, and Clarke; the tenth, of the county of Jackson; the eleventh, of the counties of Henry, Dale, and Covington; the twelfth, of the counties of Morgan, Blount, and Walker; the thirteenth, of the counties of Lowndes and Pike; the fourteenth, of the counties of Bibb and Perry; the fifteenth, of the counties of Montgomery and Autauga; each of which shall be commanded by a brigadier-general. how desig. Dig. Ch. 3. 1828-(20) "And the regiments shall be designated and numbered as follows, Regiments, to wit of the county of Jackson, number one, thirty-five, and fifty-nated. two; Madison, two, three, and thirty-three; Limestone, four and a Farrar's five; Morgan, six and thirty-nine; Lawrence, seven and eight; 1827-(1) (2) Franklin, nine and thirty-seven; Lauderdale, ten and eleven; St. &(31) Clair, twelve and sixty-one; Shelby, thirteen and fifty-six; Blount, 1829-16) fourteen; Jefferson, fifteen; Marion, sixteen; Tuscaloosa, seventeen 1831-() & and eighteen; Greene, nineteen and thirty-eight; Marengo, twenty 1832-(5) & and fifty-four; Bibb, twenty-one and fifty-three; Dallas, twenty-two, consolidated. (12) forty-one, and fifty-one; Autauga, twenty-three and forty-seven ; Montgomery, twenty-four and forty; Henry, twenty-five; Monroe, twenty-six and twenty-seven; Conecuh, twenty-eight; Butler, twen (15) ty-nine; Clarke, thirty; Washington, thirty-one; Perry, thirty-two and forty-four; Pickens, thirty-four and fifty-nine; Wilcox, thirty-six and fifty; Pike, forty-two and forty-nine; Walker, forty-three; Fayette, forty-five; Dale, forty-six; Mobile, forty-eight; Lowndes, fiftyfive and fifty-eight; Baldwin, fifty-seven; Covington, sixty; each of which shall be commanded by a colonel-commandant, and be compos Battalions. ed of two battalions, the first of which shall be commanded by a lieutenant-colonel, the second, by a major; each battalion shall consist Companies. of not less than two nor more than six companies; each company shall consist of not less than forty privates, and shall be commanded by a captain, lieutenant, and ensign, with four sergeants, four corporals, and two musicians. CHAPTER III.-Elections. Major and brigadier-generals. Election for generals, where and how held. Colonels. Lieutenant major. of lieutenant merical or § 1. Major and brigadier-generals shall be elected by all free white males over the age of eighteen years, in their respective divisions and brigades. §2. The elections for major and brigadier-generals shall be held at the same places, and be subject to the same rules, regulations and restrictions, as are prescribed by law for holding and conducting elections for members of the general assembly of this state. § 3. Colonels shall be elected by all free white males over the age of eighteen years, in their respective regiments. § 4. Lieutenant-colonels and majors, shall be elected by all free colonel and white males over the age of eighteen years, within their respective On vacancy battalions: and whenever a vacancy shall occur in the office of lieuin the office tenant-colonel, the colonel shall, at the request of the major in writ colonel, nu ing (which shall operate as a resignation) issue a writ of election for der of the the purpose of electing a lieutenant-colonel to command the second battalions to battalion, which shall be called the first battalion; and the said colonel commandant shall at the same time, issue a writ of election, for the purpose of electing a major to command the other battalion, which shall thereafter be called the second battalion; which alteration in the number of the battalions, and the rank of their commanders, shall take place, as often as a vacancy may occur in the office of lieutenantcolonel. be reversed. Captains and subalterns. commis sions. § 5. Captains and subalterns shall be elected by all free white males over the age of eighteen years in their respective companies. Duration of § 6. All militia officers may hold their commissions during good behavior: none shall resign under two years, unless permitted to do so by a court martial, the president of which shall be of equal rank with the officer wishing to resign, under the penalty of being ineligi Penalty for ble to any military appointment for the next succeeding two years: resigning unless permit and in case any military officer may become a candidate at any elec ted by court tion for a superior office, and not be elected, his place shall not be vacated thereby." martial. and quarter ral. Adjutant § 7. The adjutant and quarter-master general shall be elected by master-gene- joint vote of both houses of the general assembly, and shall hold their offices for the term of four years: Provided, That the governor shall have power to fill any vacancy that may occur in the recess of the Temporary general assembly, by appointments to expire at the end of the next general assembly. appoint. ments. Except adjutant and quartermaster-general, who are elected by the general assembly, and hold their offices for four years. 2 Constructive resignation,-See § 4. be ordered by 8. When any election shall be holden for a major-general, or a Elections for brigadier-general, it shall be the duty of the executive to appoint the generals to time of holding the same: giving not less than sixty days, nor more the governor. than eighty days' notice for the election of major-general; and not less Notice. than forty, nor more than sixty days' notice for the election of brigadier-general. appoint one §9. The governor upon issuing a writ of election for major-general, Governor to or brigadier-general, to the sheriffs residing in said division or brigade, af the she shall determine on one of the said sheriffs, to whom the other sheriff's riff's returning officer. of the said division or brigade, shall, immediately upon the close of the polls, make their returns; and the sheriff receiving the said returns shall, within four days, transmit to the secretary of state, a correct poll of said election. whom order ant-colonel § 10. When any vacancy occurs in any regiment, it shall be filled Elections, by in the following manner: when in the office of colonel, the brigadier- ed,general shall issue a writ of election to the sheriff, giving thirty days' for colonel, notice of, and appointing the time of holding such election; the colonel commandant shall in like manner provide for the election of lieu- for lieuten. tenant-colonels and majors; and the said sheriff shall advertise the said and major, elections in at least six of the most public places, and open a poll at the several precincts, within the limits of the regiment in which said election shall take place; and shall make his return thereof in the same manner as is made in the election of general officers; lieutenant- for company colonels and majors shall order elections for company officers within their respective battalions, and shall appoint the place of holding said elections, within the company district where such vacancy may be, giving at least fifteen days' notice thereof, and appoint a superintendent of the same, who shall make a return of the poll of said election to the commanding officer of the regiment, a statement of which shall be by him transmitted to the executive office. officers. Sec. 6. 11. When any militia officer moves out of the bounds of the [1829—(16)] division, brigade, regiment, battalion, or company for which he may vacancy ochave been elected as an officer, it shall be the duty of the officer next curring by in command to give notice thereof to the officer, whose duty it shall officer next be to order an election to be held to fill the place of the officer who in command has so moved from the bounds for which he was elected. removal, the shall give notice thereof. sions. be specified § 12. In all cases where returns have been or shall hereafter be Commismade to the secretary of state, the governor shall commission accordingly; and in all returns upon which commissions are to be issued, if What must to fill a vacancy, the name of the person and cause of such vacancy in returns for shall be stated in said returns; if an original appointment, the return shall so express it. cominis sions. colonel suffi and platoon act. 13. In all elections of battalion and platoon officers, the certificate Certificate of of the colonel-commandant, or commanding officer of any regiment, cient to ena certifying that any person has been duly elected to any military ap- ble battalion pointment in his respective command, shall be sufficient to constitute officers to the person so elected, the proper officer of such battalion or company; who shall, upon the receipt of the aforesaid certificate, be vested with the same authority, and be as amenable to the militia laws of this state, as commissioned officers: Provided, That no person shall enter on the discharge of any military duty, unless he take the oath heretofore prescribed: Provided also, That nothing herein contained, shall interfere with the mode heretofore prescribed for contesting elections. § 14. It shall be the duty of the commanding officers of the diffe- Commandrent regiments of this state, to forward on to the secretary of state, ofregiments ing officers the names of officers thus elected within their respective commands; to forward and on the receipt of the same, the governor shall commission ac returns for commis sions. |