May pur tate, not ex tenances thereto belonging, which church shall have, enjoy, and enchase real es force all the rights, privileges, and powers of any other body corpoceeding fif rate, in and over the lands and tenements aforesaid, for the harmonious and public worship of Almighty God: which lands and tenements shall descend in perpetuity to the use of such church and their religious successors, for the purpose aforesaid: Provided always, That when any church aforesaid shall be disposed to change the site for their meeting-house, such church by their trustees, shall have power to sell and convey the same, and to purchase and receive titles for lands elsewhere, not exceeding fifteen acres. and dispose of the same, in certain cases. 1831-(14) Sec. 1. church-lots exempt from taxes. § 7. The several churches in the state of Alabama dedicated to reliChurches and gious worship, and the lots on which they are erected, not exceeding two acres of land to each, shall be exempt from any levy of taxation, for state, county, or corporation purposes: Provided,The lands so exempted shall belong to, and be the property of, citizens of the United States, and shall be used for the purposes of religious worship and no other, except for the use of schools, and as burying grounds attached to said churches. 1822-(2) Preamble. Sec. 1. Persons disturbing reli gations, may be fined. Whereas, by the constitution of the state of Alabama, the citizens thereof have the right to worship God according to the dictates of their own consciences; and whereas the people in assembling themselves for the purposes of religious devotion, are often disturbed by the disorderly conduct of wicked persons, for remedy whereof: §8. Be it enacted, &c. That if any person or persons hereafter shall be found guilty of wilfully raising a riot, getting drunk, swearing, or gious congre- any other act by which the congregation shall be interrupted, during the continuance of any meeting for the purposes aforesaid, all such person or persons, their aiders and abettors, shall on due proof thereof, forfeit and pay the sum of twenty dollars, besides costs of suit; to be recovered before any judge or justice having competent jurisdiction: one half to go to the informer, and the other half to the county where such fine may be recovered. Ib. Ser.. 2. hibited sell ing intoxi cating li quors within any religious § 9. And whereas many individuals have been in the habit of reFersons pro- tailing spirituous liquors at or near camp-meetings, thereby causing drunkenness and disorder, Be it further enacted, That if any person whatever shall hereafter retail spirituous liquors, or any kind of drink two miles of that is calculated to produce drunkenness, within two miles of any meeting. camp-meeting, quarterly-meeting, association, or any other religious meeting, during the continuance of any such meeting, such person of persons so offending, their agents or servants, on due proof thereof, shall for every such offence, forfeit and pay the sum of forty dollars, besides costs of suit, to be recovered before any judge or justice har ing competent jurisdiction: one half to go to the informer, and the other half to the county where such fine may be recovered: Provided nevertheless, That this law shall not operate upon such persons as actually reside within two miles of such meetings, and who have ob tained and hold a license for retailing. Proviso. 1826-(23) Sec. 1. Persons not beer, &c. § 10. Hereafter it shall not be lawful for any person or persons to sell, at or near any camp-meeting, association, or any other religious to sell cider, meeting, during the continuance of such meeting, any cider or beer, or any other thing whereby the said meeting may be disturbed; and any person or persons violating this act, shall be liable to the penalties prescribed by the act to which this is an amendment, and to be recovered in the manner directed by the said act.a a The prece ding act. RENT. rent, on parol deed not spe. § 1. It shall be lawful for any person or persons, to whom any rent 1812-(3) may be due, or the executor or administrator of such person, when the de- Recovery of mise is not by deed, or if by deed, not specifying the rent to be paid, demise, or to recover a reasonable satisfaction for the tenements occupied by the cifying the defendant in an action on the case, for the use and occupancy of what rent. was held and enjoyed; and if on evidence on the trial of such action, any parol demise reserving certain rent, or a demise by deed, but no rent therein agreed on, in either case, the plaintiff in such action shall not be nonsuited, but shall recover a reasonable satisfaction for the tenements occupied. §2. The common law method of distress for rent, shall be, and the Distress for same is hereby abolished. pre rent abolish ed. Sec. 1. on rented land not to be executed until rent is 3. The crop grown on any rented land in this state, shall not be 1821-(22) liable to be taken by virtue of any execution, or removed off the mises of any such rented land, unless the party so taking the same shall, before the removal of the crop from such premises, pay, or tender to the landlord or lessor thereof, or his agent, all money due for or removed, the rent of the said premises at the time of taking such crop in execu- paid. tion: Provided nevertheless, That such rent or arrears do not amount Lien for one to more than one year's rent, and if more be due, then the party suing year only. out such execution, paying or tendering to such landlord or his agent, one year's rent, may proceed to execute his judgment, and the sheriff or officer levying the same, is hereby empowered and required to levy and pay to the plaintiff, as well the money so paid for the rent, as the execution money. NOTE. The landlord has also a lien for one year's rent, in priority of the claim created by an execution, upon all goods and chattels of the lessee or tenant, upon the leased premises,-See "Executions,—§ 40. ROADS, BRIDGES, AND FERRIES. To obviate, in some measure, the unavoidable defects of arrangement in this title, the following partial synopsis is given:-County Bridges,-§ 24. Toll Bridges,- 7, 28, 29, 30. Ferries,—§ 5, 26, 27, 29, 30, 48. Private Ways,— $1, 2, 49. Turnpike Roads,-§ 4, 50, 51. may be § 1. In all cases where no part of the tract of land owned by any 1818—(11) individual, touches a public highway, the county court may in their Private ways discretion, on the application of one or more persons so situated, grant granted in a private way, not exceeding fifteen feet in width, leading from the certain cases. most convenient part of such tract of land to the nearest public highway; such order to be made in all cases, on the report of a jury, of Under what the same number, and under the same rules and restrictions, as are required by law in the case of public highways. restrictions. and kept in § 2. Whenever a private way shall be granted in conformity with To be opened the provisions of this act, it shall be the duty of the person or per repair by persons, on whose application the same may be granted, to open and son to whom keep the same in repair, at his or their own expense, until regularly granted. discontinued: Provided, That no such person or persons shall be thereby exempted from any duty required by law on public highways. 3. The county courts of the several counties are hereby authorized 1820—(9) to impose and inflict penalties, not exceeding twenty dollars for each of- Sec. 1. ties for vio public ferries. Proviso. Court may fence, on any person or persons who may violate or contravene the privi inflict penal- lege granted by their said courts respectively, to any person or perlating the sons to keep a public ferry or ferries, to be recovered before a justice privileges of of the peace, or any court having competent jurisdiction of the same; which penalty shall inure to the use of the person or persons suing for the same: Provided always, That nothing in this act shall be so construed, as to exclude any person or persons from the right of carrying themselves, or other persons, or anything belonging to them, in their own boats, free of ferriage: And provided also, That if any delay be created by the ferryman aforesaid, no penalty shall be recovered from any person whatsoever, by crossing said ferry. 1822-(26) Sec. 1. Turnpike roads. 1823-(36) Sec. 1. Commission § 4. The commissioners of the several turnpike roads in this state. shall not report any turnpike road in order, until the proprietors of said road or roads shall have complied with the provisions of the acts authorizing said turnpike road or roads. § 5. Commissioners of revenue and roads shall not be apportioners of hands to work on roads, nor shall they be appointed overseers of ers not to be public roads :-nor shall overseers be appointed to apportion hands to apportioners work on the public roads. or overseers. Ib. Sec. 2. Vacancies for overseers of county court. § 6. In case of the death, removal, or absence for the space of two months at one time, of any apportioner of any public road ap filled by judge pointed in conformity with the present road law, the judge of the county court shall have power to fill such vacancy until the meeting of the commissioners of roads and revenue, who shall be authorized to make such appointment as is provided by the laws now in force. § 7. No license shall be granted by any county court to any person to erect a toll-bridge within three miles by water of any toll-bridge already established on the same water-course. 1824-(27) Sec. 5. Restrictions on tull bridges. Ib. Sec. 6. corporated towns, to ap point over seers of streets. § 8. The corporate officers in all the incorporated towns in this Officers of in- state, shall appoint overseers on the roads and streets in said towns ; and when the hands and overseers are exempt from working on the public roads beyond the limits of said towns, it shall be the duty of the grand juries of the counties in which said towns are situated, to present all overseers of streets in said towns for failing to keep the principal roads and streets in the incorporated towns in good repair; and the overseers in said towns shall be prosecuted in the same manner, and be subject to the same penalties as overseers of public roads in this state; and the books and records of said incorporated towns shall be legal evidence of the appointment of the overseers, and the establishment of streets and alleys in said towns. Ib. Sec. 7. are warned to work on two roads. § 9. When hands are warned to attend and open any new road, and When hands the overseer of any road to whom said hands are apportioned, shall warn the hands to work on the same day on the road to which the hands are apportioned, it shall be the duty of the hands to work on the road on which they are first warned: Provided, That nothing in this act contained shall be so construed as to apply to or in any manner affect any corporate town in this state for which there are special legislative enactments, in relation to the streets thereof. Proviso. Ib. Sec. 11. § 10. All apportioners shall be exempted from working on roads Apportion for the term of twelve months; and on failure of any apportioner to tions and lia perform the duties required of him, he shall be liable to a penalty of twenty dollars. ers' exemp bilities. 1827-(16) Sec. 1. Roads now § 11. All public roads and highways that have been laid out or established by virtue of any act of the general assembly, or by virtue established, of any order of court, except such as have been discontinued, are hereby declared to be public roads; and the county courts of the several counties shall have full power to order the laying out of public declared pub lic. discontin notice of ap roads where necessary, and to discontinue such county roads as now Roads may are, or shall hereafter be made, as shall be found useless, and to alter be laid out or roads1 so as to make them more useful, as often as occasion may re- ued. quire: Provided, That the said courts shall in no instance grant an Thirty days' order on any petition for any new public road, or to discontinue an plication for original one, unless the person or persons petitioning for the same, new road to shall have given at least thirty days' notice, by advertisement, of his be given. or their intended application, stuck up at the court-house, and three other public places in the county, in which the road is intended to be made, or discontinued. Roads to be laid out by a jury of house holders. § 12. All roads hereafter ordered to be made, shall be laid out by a Ib. Sec. 2. jury of householders, to be appointed by the county court of roads and revenue, and said jury shall consist of seven persons, a majority of whom shall be instructed by the court to lay out the road so ordered, to the greatest advantage of the inhabitants, and as little as may be to the prejudice of enclosures; and the said jury shall take the following oath, to wit:-"I, do solemnly swear, that I will Oath of jury. lay out the road now directed to be laid out, by the order to us directed from the county court of roads and revenue, to the greatest advantage to the public, and with as little prejudice to enclosures as may be, without favor or affection, malice or hatred, and to the best of my skill and knowledge: So help me God." County court grades. &c. 13. It shall be the duty of the county court of roads and revenue, Ib. Sec. 3. of each county in this state, to divide all the roads passing through to lay off their respective counties into different grades; and said roads shall roads into be kept open and repaired in the following manner: those of the 1st grade, first grade shall be cleared of all trees, at least thirty feet wide, with how wide, all stumps cut within six inches of the surface, all causeways at least fifteen feet wide. Second grade, to be not less than twenty feet wide, 2d grade. with all stumps cut within six inches of the surface, all causeways at least twelve feet wide. Third grade, to be not less than fifteen feet 3d grade. wide, with all stumps cut within six inches of the surface, all causeways at least ten feet wide; a Provided, That lanes through which (a 1821-(10) Sec. 2.] public roads may pass, shall be at least thirty feet wide. And in all Lanes. cases where a new road is established, the owner or owners of the Injury to land over which such road passes, may, at the next term of the county perty in court, apply to said court for damages for the injury which he, she, or opening new they may have sustained by the establishment of such road; and it assessed by a shall be the duty of the court to cause a jury to be empannelled to in-jury, and the quire of such damages, in which inquiry the jury shall take into con- by the coun sideration the advantages and disadvantages accruing to such applicant by the establishment of such road, and give their verdict accordingly; and the damages, if any assessed, shall be paid out of the county treasury. (1) private pro road, to be damages paid ty. Precincts §14. The county courts and commissioners of roads and revenue Ib. Sec. 4. are hereby required to divide the public roads in their respective coun- and overties into districts or precincts, and to appoint annually, at their first seers. term in each year, one overseer for each district or precinct; and should they fail to make such appointment, then the same may be made at any time thereafter; and it shall be the duty of the clerk of [b 1826—(18) said court, within fifteen days after the appointment so made, to de- Sele liver a copy of the order to the sheriff of the county, informing said how notified overseer of his appointment, the precinct of the public road to which 1 They may also change the route of state roads, under certain restrictions,— See the last section of this title. (1) An appeal will not lie, until final order confirming the report of the jury. Smith v. Commissioners of Roads, &c. 1 Stewt. Rep. 183. Overseer, of his appointment. deliver a apportion ers. he is appointed, and the grade of said precinct; and the sheriff shall, within ten days after the receipt of such copy, deliver a counterpart thereof to the overseer, and make his return thereof on said copy within ten days after the delivery of such counterpart, to the county Overseer to court clerk's office. And it shall be the duty of such overseer, on recopy of the ceiving such counterpart as aforesaid, to deliver a copy thereof to notice to the some one of the apportioners in his district or precinct; and should the bounds of another captain's company approach so near to his district or precinct that, from the distance, hands may be liable to work on his district or precinct, in that case he shall deliver a copy, similar to the copy aforesaid, to one of the apportioners in said captain's Apportion company: Provided, That when the apportioners shall fail to apporers failing to tion the hands to work on any public road under their jurisdiction, the last ap- the last apportionment of hands made and returned, shall be obligatoto continue ry, and remain in full force and effect until altered; and all hands subject to work on the road to which the same have been apportioned heretofore, and still living within said bounds, and all persons moving moving into within the bounds of the hands apportioned as aforesaid, liable to work on any such road, shall be considered as belonging to said road, tionment, li and liable in the same manner as though they had been apportioned to work on said road, and for neglect, shall be proceeded against in the same manner as other defaulters of public roads. apportion, portionment in force. Persons the bounds after appor. able to work. appor each cap. tain's beat. Oath. Penalty for not serving. List of lands to be return ed to the ap portioners. Ib. Sec. 5. § 15. The county court of roads and revenue are required, at the time Toner or they appoint overseers of roads, to nominate and appoint three freeappointed in holders, or householders, in each captain's beat, (a majority of whom may act,) within their respective counties, who shall apportion the hands liable by law to work on public roads, to each overseer, agreeably to the grade of, and the necessary labour required on, his precinct [a 1823—(35) or district: aand such apportioners shall take an oath before entering Sec. 5.) on the duties of their apportionment, to apportion all such hands with impartiality; and any person refusing to act as an apportioner when appointed, without good cause shown, shall be fined in a sum not exceeding twenty dollars. And it shall be the duty of every person, on application of any one of said apportioners within the bounds of said company, within fifteen days after the term of the county court at which overseers of public roads are required to be appointed, to give in a list of all the hands he may at that time have in his possession. Penalty of himself included, liable to work on public roads; and if any person shall neglect, for the space of ten days thereafter, to deliver a list thus required, to some one of the apportioners, such person so refusing or neglecting, shall forfeit and pay the sum of six dollars for each hand Fine recover- liable to work, not given in or returned: which fines shall be recover. ed in circuit ed by judgment on motion in the circuit court, without the interposi tion of soli- tion of a jury, unless the same shall be demanded by the defendant, citor. which motion shall be made by the solicitor of the circuit in which such Apportion defaulter resides: Provided, however, That in all cases it shall be the duty of the solicitor to give to such defaulter three days' notice; and in all cases of such failure, the certificate of such apportioner or appor tioners shall be deemed sufficient evidence. six dollars a hand, for failing. court on mo er's certifi cate, evidence. Ib. Sec. 6. roads. § 16. All free white male persons, between eighteen and forty-five to work on years of age, and all male slaves and other persons of color over sixteen and under fifty years of age, shall be liable, and it is hereby made their duty, to work on, clear out, and repair the public roads of this state, under such provisions and regulations as are hereinafter made: Provided nevertheless, That no licensed minister of the Gospel, instructer of public and private schools, and all students of common schools or public institutions, keepers of grist-mills that grind for toil, Who exempt. |