Ib. Sec. 5. surers' com one half to the use of any person or persons suing for the same, and the other half for the use of the proper county. 18. The county treasurers shall receive from time to time for County trea- their services such compensation as shall be allowed by the judge of pensation. the county court and commissioners of roads and revenue, not exceeding five per cent. upon the moneys which they may pay out. 1829-(14) Sec. 3. § 19. No person shall at the same time hold the office of clerk of Who ineligi. the county or circuit court and of county treasurer, or of sheriff and of county treasurer. ble. 1830-(19) Sec. 1. counts an § 20. It shall be the duty of each treasurer of the several counties County trea- in this state, to settle his accounts annually with the judge of the surers to set county court and commissioners of roads and revenue of his county, tle their ac- which settlement shall set forth every item of receipt and expenditure of said county; and the said account shall be certified to by the judge and at least two of the commissioners, and shall be recorded in the county court of said county; and it shall be the duty of the treasurer to post a copy of said account on the court-house door, or some secure place therein, at least once a year. nually. Account to be recorded and posted up. Ib. Sec. 2. Penalty for failure. How recov. ered. Ib. Sec. 3. County trea due, liable to § 21. If any county treasurer fail to comply with the provisions of this act, he shall forfeit and pay for every such failure, the sum of one hundred dollars, for the use of the county, to be recovered in the name of the judge of the county court of the proper county, on motion in the circuit court of the county where such failure shall take place, on giving said treasurer one day's notice in writing, of such motion, which notice shall be served by the sheriff, coroner, or some constable. § 22. If any county treasurer shall fail or refuse to pay any claim surer failing against the treasury which he is bound to pay by law, when there are to pay claim sufficient funds in the treasury to meet the payment of said claim, judgment may be obtained against said treasurer on motion, (he hav ing had five days' notice thereof,) either in the circuit or county court of the proper county, in the same manner that judgment is obtained against sheriffs and constables for failing to pay over money. judgment on motion. 1807-(2) Sec. 6. boat or ves. TRESPASS. § 1. EVERY person who without leave of the owner, or other Penalty for person having the same in care or charge, shall take away any boat taking away or vessel, shall for every such offence, pay ten dollars to the owner sel without thereof, over and above the damages such boat or other vessel shall sustain; and over and above the expense of bringing back such beat or vessel, to be recovered with costs, in any court of record. And when there shall be several offenders in one trespass, every person shall be liable for the whole penalty. leave. down, carry. timber on Ib. Sec. 7. § 2. If any person shall cut down, carry away, or destroy any ey For cutting press, white-oak, black walnut, pecan, or cherry tree, upon any lands ing away, or not his own, without first having the consent of the owner, he shall destroying forfeit and pay the owner thereof, ten dollars for every such tree, so another's cut, carried away, or destroyed; and for every other tree, so cut, carland without ried away, or destroyed, without leave as aforesaid, the sum of three dollars, except such trees as may be cut, or taken, out of or for the use of public roads. leave. TRUSTEES. may be re 1. ANY trustee appointed by will or by deed, may be removed by 1829--(10) the circuit court of the county in which such trustee resides, or of the Trustees county in which the estate of which he or she is trustee shall be; moved by the provided such notice as the court shall direct shall have been served on the trustee so to be removed. circuit court. their trust to § 2. Any trustee appointed by will or by deed, may resign his or May resign her trust to the circuit court of the county in which such trustee re- the circuit sides, or in which the estate shall be, upon rendering a full and com- court, giving thirty days' plete account of the estate and the management thereof; provided that notice. all concerned shall have had due notice of the same, at least thirty days previous thereto. the vacancy. 3. Upon the resignation or removal of any trustee as provided Court to fill for by this act, the circuit court of the proper county shall have full power and authority to appoint another trustee or trustees in the place of the trustee or trustees so resigning or removed. tees for §4. Any person interested, may petition the circuit court, setting Remedy forth that the trustee or trustees have wasted or are about to waste the against trusestate of which he, she, or they are trustees; and it shall thereupon be waste. the duty of the court to cause notice to be given to such trustee or trustees of said petition, and to have summoned such trustee or trustees to answer the same; and if, upon trial before said court, it shall appear that the estate has been wasted, or is likely to be, said court may require bond and security of said trustee or trustees for the faithful management of said estate, and on his, her, or their failure to give such security, shall remove the trustee or trustees from office. $5. For the prosecution or defence of any suit in any of the courts Court may of this state, the court before whom such suit may be pending, may, tee to proseon motion, appoint a trustee or trustees to prosecute or defend the cute or desame, in all cases where the same may be necessary. §6. All trustees appointed by will or deed shall, once in each year, Trustees to render to the circuit court of the proper county, an account of the management and situation of the estate, and on failure so to do, shall be cuit court, removed. appoint trus fend suit. make annual report to cir or be removed. UNIVERSITY. § 1. A SEMINARY of learning is hereby established, to be denomi- 1820—(14) nated, "The University of the State of Alabama." University established. pointed to university 2. Three commissioners shall be appointed by the governor, with- Commissionin each county wherein any of the lands reserved by the United States ers to be ap for a seminary of learning may be situated, who shall enter into bond lease the with sufficient security to the governor, and his successors in office, lands. for the faithful performance of their duty, whose duty it shall be to lease the said lands, which leasing shall be for the term of one year from the first day of January next; and shall be done at public auction, offering the said lands in convenient tracts, and in such way as may be deemed most advantageous to the state, and also giving advertisement in the nearest public paper, of the lands so to be offered, at least two weeks previous to the offering of the same: Provided, That no Minimum. improved land shall lease for a less price than two dollars per acre, for the said term of one year. §3. The said commissioners are authorized and required, as soon The imas may be, to employ the county surveyor, or some suitable surveyor, to be survey proved lands ed. Duty of the ers. To prevent waste. to admeasure the improved land as aforesaid, and to make report of the condition of the same, under the direction of said commissioners, to be returned to them with a plat of the said improved lands; the expens to be paid out of the rent of the lands. § 4. It shall be the duty of the commissioners appointed by virtue commission of the second section of this act, to take bond with sufficient security for every such lease, payable to the governor and his successors in office, and to deposit the same with the comptroller, and to take covenants from the several lessees against the commission of waste, or suffering the same to be committed; and for delivering possession at the expiration of the lease; and it shall also be the duty of the commissioners to visit the several tracts reserved within their counties respectively, at least once in every period of six months, for the purpose of preventing waste or trespasses from being committed; and it shall be their duty to give information of all waste or trespasses on said lands, to the solicitor of the circuit in which such lands shall be, whose duty it shall be to prosecute the same. Trespass, ed. § 5. Any person or persons who may unlawfully enter upon and how punish destroy any timber or improvements, on any of the lands granted to this state for a seminary of learning, shall, on indictment and conviction, be fined in treble the amount of the damages, to be assessed by a jury, which fine shall be applied to the fund hereinbefore provided for the purposes of the said university. Ib. Sec. 7. Rent, how recovered. Ib. Sec. 8. Prosecutions under this act. § 6. The same proceeding may be had, and before the same jurisdiction, for enforcing the payment of any of the bonds or securities, that may be taken in virtue of this act, as is authorized by law in the case of defaulting collectors of the public taxes, and it shall be the duty of the officer who prosecutes for the state, for the recovery of the reve nue against defaulting collectors, to prosecute for the recovery of the arrears of rent under this act. § 7. All prosecutions under this act, shall be carried on as other prosecutions, in the name of the State of Alabama; and it shall be the duty of the solicitors of the several circuits, upon information of said Fines appro- commissioners, to prosecute such offenders, and to receive the fines imposed by this act, and pay the same into the public treasury. priated. 1821-(36) Sec. 1. Trustees to be elected. Term of office. ted. § 8. The governor, ex officio, together with twelve trustees, two of whom shall be elected from each judicial circuit by joint ballot of both houses of the general assembly, and who shall continue in office for the term of three years, shall constitute a body politic and corporate, Incorpora in deed and in law, by the name of The Trustees of the University of Alabama, and by that name they and their successors shall have perpetual succession, and be able and capable in law, to have, receive, and enjoy, to them and their successors, lands, tenements, and hereditaments, of any kind or value, in fee or for life, or for years, and personal property of any kind whatsoever, and also all sums of money of any amount whatsoever which may be granted or bequeathed to them, for the purpose of promoting the interests of the said university. Ib. Sec. 4. to have a powers. § 9. The trustees of the said university shall and may have a common seal for the business of themselves and their successors, with common seal. liberty to change or alter the same from time to time, as they shail Corporate think proper; and by their aforesaid name, they and their successors shall be able to sue and be sued, plead and be impleaded, answer and be answered, defend and be defended, in all courts of law and equity within this state; and to grant, bargain, sell, or assign, any lands, tenements, goods, or chattels, in such manner as is hereinafter specified; and to act and to do all things whatsoever for the benefit of the said in stitution, in as ample a manner as any person, or body politic or corporate, can or may do by law. Misnomer &c., provi § 10. No misnomer of the University of Alabama shall defeat or Ib. Sec. 5. annul any gift, grant, devise, or bequest to the same: Provided, The not to defeat true intent of the parties shall sufficiently appear upon the face of the bequests, gifts, grants, wills, or other writing, whereby any estate or interest ded, &c. was intended to pass to the said university; nor shall any misuser, or forfeited by nonuser of the rights, liberties, privileges, jurisdiction, and authorities misuser or hereby granted to the said university, create or cause a forfeiture thereof. Rights not nonuser. may confer students and § 11. The trustees, or so many as shall be fixed on by their by- Ib. Sec. 6. laws, shall have full power by the principal or professors of the said Trustees university, to grant or confer such degree or degrees in the arts or degrees on sciences to any of the students of the said university, or persons by others. them thought worthy, as are usually granted and conferred in other universities in the United States, and to give diplomas or certificates May give dithereof, signed by them and sealed with the common seal of the trustees of the university, to authenticate and perpetuate the memory of such graduation. plomas. No person de count of reli §12. No person shall be excluded from any liberty, liberties, im- Ib. Sec. 7. munity, office, or situation in said university, on account of his reli- barred office, gious persuasion, provided he demean himself in a sober, peaceable, &c., on acand orderly manner, and conform to the rules and regulations thereof. gious persua§13. The governor shall be ex officio the president of the board of sion. trustees: Provided however, That in case he should not attend the Governor, meetings of the said trustees, the trustees shall elect a president pro tempore, who shall preside at such meetings. Ib. Sec. 8. president exofficio, but trustees may elect president pro-tem. Ib. Sec. 10. Trustees to report to le site for uni 14. The said trustees shall have power, and it is hereby declared to be their duty, upon a notice from the president of the board, to examine and report to the legislature, at their next session, such place or places, having a due regard to health and the fertility of the surround- gislature, ing country, as shall appear to them most suitable for the location of versity. the university; and the legislature shall, at the session when such Legislature report shall be made, proceed by joint ballot of both houses of the ge- choice of site. neral assembly, to make a choice of the site for the university, which choice, when so made, shall not be subject to any alteration thereafter. to make Site reserved from sale, § 15. The site thus selected by the legislature, shall be exempted b. Sec. 11. from sale: Provided, The same shall have been granted to this state, by an act of the congress of the United States for a seminary of learning; and if the same shall not have been granted to this state as or may be aforesaid, the trustees shall have full power to purchase the site thus selected. purchased. have entire § 16. The trustees shall have the entire control over the site thus se- Пb. Sec. 12. lected for the university, and may lay off and sell such lot or lots to Trustees to such persons, and upon such conditions, as they may think proper. control of § 17. The trustees shall, so soon as the selection shall have been site. made as aforesaid, contract with a suitable person or persons for the May erect erection of such buildings as they may deem necessary, for the purpose buildings. of carrying this act into complete effect. Ib. Sec. 13. Trustees to take oath. 18. Every trustee elected or appointed by the provisions of this act b. Sec. 19. shall, before entering on the duties assigned him as trustee, take and subscribe the following oath, before some judge or justice of the peace, to wit: "I, do solemnly swear, (or affirm,) that I will faithfully discharge the duties assigned me as trustee, to the best of my skill and ability, without partiality or affection: So help me God." Ib. Sec. 20. invest proceeds of sales, and § 19. The proceeds arising from the sales of the said lands,' shall receive and be paid over to the trustees, and shall be by them vested in such funds as they may direct: Provided, It shall be their duty to report annually to the legislature the financial situation of the institution: And proreport tinan vided further, That the capital stock arising from the sale of the lands as aforesaid, shall not be reduced in any manner whatever. ces to legisla. Capital stock § 20. The laws now in force relative to the leasing of the said lands, shall continue in force until the said lands shall be sold: Provided, That if they shall be sold previously to the first day of January, one leasing uni thousand eight hundred and twenty-three, the lessee shall not be dein force until prived of the benefit of remaining on the same until that time, and of Lessee's pri- receiving the growing crop. versity lands, sold. vileges. Ib. Sec. 23. § 21. The said trustees shall have the power to contract for the necessary buildings, and to do every other act necessary to carry this may contract act into complete effect. for buildings, &c. Ib. Sec. 24. § 22. This act shall be deemed a public act, and judicially taken notice of without special pleading, and the same shall be liberally conbe construed strued, for fully carrying into effect the beneficial purposes hereby in This act to liberally. 1822--(14) Sec. 2. Vacancies, how filled. tended. § 23. It shall be the duty of the general assembly to fill all vacancies in the board of trustees, which shall happen by the expiration of the term of service, death, resignation, or otherwise, at the next sesTemporary sion after such vacancy shall happen: Provided, That should any vacancy happen during the recess of the general assembly, the board of trustees shall have the power to fill the same by an election, which shall continue until vacated by an election to be made by the general assembly, at their next session. appointments. Ib. Sec. 4. Future board of trustees. Ib. Sec. 5. occasional meetings. Notice. § 24. At the expiration of the term for which the present trustees are elected, the legislature shall proceed to the election of two trustees from each judicial circuit, who, together with the governor, shall form the board of trustees. § 25. There shall be a stated annual meeting of the trustees, to be Stated and held at the time of conferring degrees, and the president of the univer sity, together with two of the trustees, or three of the trustees without the president, shall have full power to call an occasional meeting of the board, whenever it shall appear to them necessary: Provided, That reasonable notice by mail or otherwise be first given to all the other trustees, specifying the cause or causes of such meeting: And provided also, That no business shall be transacted by the board, other than that specially assigned as the cause of the meeting, unless at least seven of the board shall concur therein. Proviso. Ib. Sec. 6. may transact and remove ries. § 26. At all meetings of the trustees, a majority shall be capable of doing and transacting all the business and concerns of the university, except such as is herein excepted: they shall have the power of electing all the necessary and customary officers of said institution; of fixofficers, and ing their several salaries, and of removing any of them for neglect or fix their sala- misconduct in office, a majority of the whole number of trustees conPermanent curring in said removal: Provided, That no permanent election of any officer shall be made, or salary be fixed, at any other than the stated annual meetings of the trustees; but all elections which shall be made at any called meeting, shall expire at the end of the next stated meeting; they shall have the power of prescribing the course of studies to be pursued by the students, and of framing and enacting all such ordinances and by-laws as shall appear to them necessary for the good go elections, when made. Trustees may pre scribe course of studies, and enact by-laws. 1 The university lands for which a mode of sale was provided in sections 14, 15, 16 and 17 of this act. These sections are all superseded by the follow ing act of 1822. |