Ib. Sec. 25. under this treasurer. on any road lying more than seven miles from his or their place of residence, excepting the public route mentioned in the first proviso of this section. 35. It shall be the duty of all overseers, justices of the peace, All fines, &c., clerks of the inferior and circuit courts, or other officers into whose act, to be paid hands may be paid any moneys arising from fines, penalties or for to the county feitures under this act, (except the fines prescribed in the ninth sec tion of this act,) to pay the same over to the county treasurer of the county in which the same may be, within twenty days after the same may come to his, or their hands; and if any overseer, justice of the peace, clerk of the inferior or circuit court, or other officer, fail or ne glect so to do, he or they shall forfeit and pay for such failure or ne glect, double the amount so received, to be recovered by judgment of the circuit court, had on motion of the solicitor of the district, as prescribed in the fifth section of this act. Ib. Sec. 26. § 36. It shall be the duty of the county treasurers of the several Road fund. counties of this state, to receive all moneys directed to be paid them by this act, to keep a separate and distinct account of the same, under the title of "road fund," which moneys shall be exclusively under the control of the county court, and shall be appropriated by them only for the purpose of opening new roads, building and repairing bridges, causeways, public roads, and for erecting mile-posts, and index-boards. Ib. Sec. 27. Penalty for defacing § 37. If any person shall be guilty of defacing or pulling down any mile-post, or index-board, such person, being convicted thereof be mile-posts, fore any justice of the peace for said county, shall forfeit and pay ten dollars for every such offence, to be applied to the improvement of &c. Ib. Sec. 28. neglect of duty in commissioners. such road. § 38. All commissioners appointed by the court to lay out roads, Penalty for who may refuse or neglect to perform the duty assigned them, shall each forfeit and pay for every such failure or neglect, a sum not exceeding twenty dollars, to be recovered as is provided in the fifth section of this act: Provided, That such fine shall not be imposed when a good and sufficient excuse may be offered. Ib. Sec. 29. to report ap. § 39. The apportioners appointed agreeably to the fifth section of Apportioners this act, shall on or before the first Monday in April in each year, reportionment port to the clerk of the county court, the number of hands apportion to the clerk of ed to each overseer within their respective bounds, to be filed in said county court. clerk's office; on failure thereof each apportioner shall forfeit and pay Tb. Sec. 30. thorized to ber, not exceeding twenty dollars, to be recovered by judgment of the cir cuit court, had on motion of the solicitor of the circuit, as prescribed in the fifth section of this act: Provided, That all good excuses shall be heard. § 40. In those places where it is necessary to purchase timber to Overseers au- repair or causeway roads, the overseer of such road is authorized to purchase tim-contract for such timber as will be necessary to repair such road; and where timber cannot be had near a road where it may be wanting, the overseer may contract for hauling the same, which contract shall be laid before the judge of the county court and commissioners of roads paid for by and revenue, who are authorized and required to order payment to be made for as much as they shall judge reasonable, out of the county treasury. and to be the county. Ib. Sec. 31. Overseers, how made li § 41. Where the overseer of any road fails to prosecute defaulters as the law directs, for failing to work on a road as warned, it shall be able for fail lawful for any person or persons that are appointed to work on said ing to prose: road, to apply to a justice of the peace near the precinct where such overseer may reside; and the said justice is hereby required to issue ers. default a summons against such overseer, requiring him to appear before said justice, and show cause why the defaulters were not prosecuted; and if such overseer fails to appear or show cause as required, the justice shall give judgment with costs for as much as the fines would amount to from the defaulters complained of, and the officer collecting the same shall pay it over into the county treasury. Overseer may appoint warn hands. clause. § 42. The overseer of every road in this state shall have authority b. Sec. 32. to appoint one fit person in his precinct, to warn the hands liable to work thereon; and notice thus served shall be as binding as if served an agent to by the overseer in person; and the person appointed and performing said duties, shall be exempted from working on roads. § 43. The act entitled "An Act to reduce into one, the several acts rb. Sec. 33 concerning roads, bridges, ferries, and highways," passed December Repealing 21st, 1820, and an act entitled "An Act to reduce into one the several acts concerning roads, bridges, ferries, and highways," passed December 19th, 1821, and all acts and parts of acts coming in conflict with the provisions of this act, are hereby repealed: Provided, That this shall not be construed to apply to any turnpike or other road authorized by name, by any act of the legislature, nor to the appointment of overseers in incorporated towns, or to any of the duties of overseers or hands in said towns. § 44. Nothing in this act contained shall be construed to extend to 1b. Sec. 34. the county of Mobile. This act not to extend to Ib. Sec. 35. sheriffs for neglect of du. act. § 45. If any clerk or sheriff shall fail to perform any of the duties Mobile. required of him by any of the provisions of this act, he shall on con- Penalty on viction, forfeit and pay the sum of fifty dollars, to be recovered in the clerks and same manner as is provided for by the fifth section of this act. § 46. The eleventh and twenty-fourth sections of the above recited ty under this act shall not be so construed as to require any person liable to work 1828-(39) on roads, to work more than ten days in any one year, either in the cut-(a The foreting out of new roads, or in working on roads already established by law. going) $47. The judge of the county court, and commissioners of revenue Preceding and roads, may, at any time when vacancies occur, appoint overseers 1823-(48) of roads and apportioners of hands. Sec. 1. See § 21, 34. act explained. Sec. 1. overseere and appor. tioners. shall c 1829-(12) § 48. The county courts are authorized to establish ferries over creeks and small rivers, when it shall appear necessary and proper, and shall require bond and security that the said ferry or ferries be kept in good order, and attended at such times as said creeks and rivers cannot be otherwise safely passed, without compelling the may estabowners of such ferries to attend them, when the streams can be veniently forded. Sec. 1. con- to be attend lish ferries, ed in case of high water Sec. 1. How opened repair. § 49. It shall be lawful for the courts of roads and revenue in each only. county, on the application of any one or more persons, to grant and 1832—(18) establish private roads, not exceeding fifteen feet wide: Provided, Private That they shall not be opened through any person's plantation: And ways. provided always, That the person or persons petitioning, shall be and kept in bound to open and keep such roads in repair; and shall pay to the owner of the soil over which said roads shall run, all damages that Damages. may be assessed against the petitioner or petitioners, for the benefit of the said owner, in the manner of assessing damages in like cases of public roads: And provided further, That such petitioner or peti- Petitioner tioners shall not be exempt from working on public roads, on account from work of working on such private roads. not exempted ing on other roads. 1832-(32) 50. It shall be lawful for the commissioners of roads and revenue of the different counties in this state, to authorize the opening of any road or roads which they may conceive to be of public utility, running parallel with any turnpike road or roads, which may run through their thorize the Sec. 1. Commissioners of R. and R. may au opening of respective counties, wherein the limits of said turnpike roads are not any road of defined by the charter granting the privileges of the same: Provided, ty, in certain That no road or roads so opened by said commissioners, shall ap public utili cases. Ib. Sec. 2. Owners of turnpike receive toll proach nearer than three miles on either side of said turnpike roads. § 51. If any owner of such turnpike roads shall collect or receive any toll from any person or persons, who may travel any road or roads not to roads which may be opened by the commissioners in conformity to for travelling the provisions of the first section of this act, he, she, or they, so of opened under fending, shall forfeit and pay for every such offence the sum of ten the first sec dollars, recoverable with costs before any tribunal having competent jurisdiction thereof, which amount so collected shall be paid, one half to the informer, and the other half to the use of the county wherein such offence may be committed. on any road tion of this act. 1832-(34) Sec. 1. Court of roads and revenue au thorized to § 52. The courts of roads and revenue in the several counties in this state, are hereby authorized to change the route of any state road which may run through their respective counties, when the same can be done the better to subserve the public convenience: Provided, change state That such change shall be made in the same manner that changes are required to be made in county roads: Provided also, That no change shall be made in any state road at the point where the same may cross county boundaries, unless the adjoining county will make a corresponding change. road. Acts consoli dated. 1819--(5) Sec. 1. [1833 (33) Sec. 2.] [1832-(6) Sec. 4.] [a 1832-(15) Sec. 4.] 1833-(23) Sec. 1. salary 1000 dollars. SALARIES. § 1. THE several officers hereinafter named, shall receive annually and payable quarter-yearly, for all the duties required of them by law, the following sums, to wit: The governor, twenty-five hundred dollars. The secretary of state, one thousand dollars, with such fees as may be allowed by law. The comptroller, one thousand dollars. The treasurer, one thousand dollars. The judges of the supreme court, seventeen hundred and fifty dollars each. The judges of the circuit court, seventeen hundred and fifty dollars, "except those elected after the 21st January, 1832, who shall receive fifteen hundred dollars each. The attorney general, four hundred and twenty-five dollars, and The several solicitors, two hundred and fifty dollars each,—with such fees or perquisites of office as may be allowed by law. § 2. The president of the Bank of the State of Alabama, and his President of Successors in office, shall receive an annual salary of one thousand dolState Bank, lars, payable quarter-yearly, out of the profits of said bank. And the cashier of said bank, and his successors in office, shall receive an an Cashier's, nual salary of eighteen hundred dollars, payable quarter-yearly, out of [b 1828 (18) the profits of said bank. The teller shall receive an annual salary of twelve hundred dollars, and the clerk an annual salary of one thousand dollars, to be paid out of the dividends of the bank. 1800 dollars. Sec. 1.] Ib. Sec. 2. sident of § 3. The president of the branch of the Bank of the State of AlabaSalary of pre- ma, at the town of Montgomery, and his successors in office, shall annually receive the sum of eight hundred dollars, payable quarterry, 800 dolls, yearly, out of the profits of said branch bank. branch at Montgome. Ib. Sec. 3. 1500 dolls. § 4. The cashier of said branch bank, and his successors in office, shall receive annually the sum of fifteen hundred dollars, to be paid dollars. er's, 1000 quarter-yearly out of the profits of said bank; and the teller shall in Teller's, 1000 like manner receive an annual salary of one thousand dollars, payable as above; and the book-keeper shall also receive an annual salary of Book-keepone thousand dollars, payable as aforesaid; and the discount clerk dolls. shall in like manner receive an annual salary of eight hundred dol- Discount lars, payable as above; and so soon as the additional capital now au- dolls. thorized by law is obtained, his salary shall be one thousand dollars per annum. clerk's, 800 to receive tain acts. § 5. It shall not be lawful hereafter for any officer in the Bank of Ib. Sec. 4. the State of Alabama, or any branch thereof, to take or receive from Officers not any person or persons, trading with the same, any fee or perquisite as fees for cercompensation for placing on the offering book any note or bill of exchange that may be offered out of bank hours; but it shall be the duty Further duty of said officers, to place on the offering book any note or bill of ex- in regard change, that may be tendered to the bank at any time previous to the hour assigned for the board of directors to meet. thereto. 6. The salary of the president and officers of the branch of the Salaries of Bank of the State of Alabama, located at Montgomery, shall commence from the date of their respective appointments. NOTE.-Quartermaster-general's salary, fixed at two hundred dollars, by act of January 29, 1829. See "Militia," Chap. 4,-§ 12. State printer's, two thousand five hundred dollars. See "Laws and Journals,"-§ 12. officers to commence when. SALT-PETRE. Salt-petre § 1. ANY person or persons who may be engaged in the manu-1826—(28) facture of salt-petre, in this state, shall enclose with a strong sub- works to be stantial fence at least ten rails high, all the works which may be enclosed. used by him or them, within three days after he or they shall erect such works; and all those who may have such works in operation, shall enclose the same in like manner, on or before the first day of March next. §2. If any person or persons shall fail to comply with the requisi- Penalty. tion of the first section of this act, such persons shall, on conviction thereof, be fined by the jury trying the same, in a sum not less than twenty dollars, nor more than one hundred dollars, to be paid to the use of the person or persons aggrieved thereby. SALT SPRINGS. § 1. THE governor is hereby authorized to appoint one fit and pro-1819—(20) per person, who shall have power to lease the salt-springs and lands How leased. donated by the congress of the United States, by the act of the second of March, eighteen hundred and nineteen, to this state, for a term not exceeding that stipulated in said act of congress, on such terms as will ensure the working the same most extensively, and most advantageously to this state. 47 Con. Ala. Schools esta SCHOOLS, AND SCHOOL LANDS.1 § 1. SCHOOLS, and the means of education, shall for ever be encouArt. 6. raged in this state; and the general assembly shall take measures to blished and preserve, from unnecessary waste or damage, such lands as are or hereencouraged. after may be granted by the United States for the use of schools within 1819-(16) Sec. 1. in each each township in this state, and apply the funds, which may be raised from such lands, in strict conformity to the object of such grant. § 2. It shall be the duty of the chief justice of the county court. in Three agents each county in this state, as soon as may be after the passage of this to be elected act, to appoint two proper persons in each township or fractional towntownship. ship, within their respective counties, whose duty it shall be, giving ten days previous notice of the time and place thereof, to hold an elec tion within the same; at which time and place, there shall be elected by the qualified electors therein, three agents, who shall continue to discharge the duties hereinafter prescribed, for the term of three years from the date of their election, and until their successors shall be Vacancies, elected :—should vacancies occur by death, resignation or removal of any of the agents, the same shall be filled by elections as aforesaid, the like notice of the time and place being given by the remaining agent or agents, or where there shall be no agent, by the chief justice as aforesaid; and the agents so elected shall, at the expiration of each and every term, hold or cause to be holden an election as aforesaid, for [a 1820-23) three successors. All white male persons over the age of twenty-one Sec. 2.] Who quali years, who may reside in each township, at the time of the election fied electors. of the agents, shall be deemed qualified electors. how filled. Successive elections. Ib. Sec. 2. Agents em 16th sections. § 3. The said agents shall have power to let out on lease for the powered to purpose of improving the same, or to let out at annual rent, as they lease or rent may think proper, the sections of land reserved by congress for the support of schools, within each township in this state: Provided, That public notice shall be given by said agents, in five or more public places in the county in which such township may lie, of such intended Leases not leasing or renting: And provided also, That no lease shall be for 3 to exceed six longer term than six years after the time of leasing: Provided, That 1820-(23) all leases shall expire on the first day of January, and that not more than one half of the land so leased shall be cleared. years. Sec. 1.] Ib. Sec. 3. venant against waste, § 4. The said agents shall have power to lay off the same into con Lessee to co- venient lots, of not exceeding eighty acres each, except in cases of fractional sections. And in every lease which shall be made, the lessee shall be bound in a suitable penalty not to commit waste on the premises, by destroying timber or removing stone, or any other injury to the lands whatsoever, and shall also be bound in a sufficient penalty, and to make that he will make such improvements on the lands as shall be deemed proper by said agents. All obligations given by the lessee for the pas ment of rent, shall be in the name of the agents for the use of the inhabitants of the township, and shall be recovered by them, for the use of the same, by action at law if necessary. improve merts. Ib. Sec. 4. § 5. The said agents shall have power within their respective tow Agents to re- ships, by legal process, to remove any person or persons from the reserved sections, when such person or persons have not taken a lease for the same, or shall neglect or refuse to deliver quiet and peaceable move intruders, 1 The first act inserted under this title was substantially repealed, by the act of January 1, 1823; but its provisions were afterwards restored so far as to leave it to the option of the inhabitants of each township, under which of the two laws their school lands should be leased, and the funds arising therefrom applied.-See § 31. |