i:* u i^sh THE WILUAM R. PERKINS LIBRARY OF DUKE UNIVERSITY Rare Books Class..;.^^^. Book 18.61 .:^i../.-»^it., Jan. '-'/V 368371 ,'■4 UNIVERSITY of AL A3 AMA U.[ ora ry Ala. Due. n. .ts Collection --&0. ^ Qeuj u l^Sh ^.^ . UNIVERSITY of ALA3AMa| I ibrary Ala. Dlc. >^; nts Collection C,.s..«.&«^ A.CTS OF THE CALLED SESSION OF TUE GENERAL ASSEMBLY OF ALABAMA, HELD IN THE CITY OF MONTGOMERY, COMMENCING ON THE SECOND MONDAY IN JANUARY, 1861. ANDREW B. MOORE, Governor. A. B. MEEK, Sjieaker of the House of Representatives. J. D. RATHER, President of the Senate. MONTGOMERY, ALA.: SIIORTEJ: & KEII), STATE I'lUNTERS. 1861. ^ ^.z LAAVS OF ^LA^Bi^MA.. Ko. 1.] AN ACT 1861. To Regulate Judicial Proceeding?, and for other pur- poses. Section 1. Be it evaded by the Senate arm House of Reprcsentaticcs ol the State of Alabama in (Tcncral Assembly eonvciicd, That hereafter in tiie commencement ot any suit in any of the courts ot hiw or equity in this state, the court to which any ciut, writ, si.miLons, coni[»laint, or bill may be made returnable shall be deemed and '''^'""»**'""' held as the return term of such snit, writ, suujnions, complaint, or bill, and the same shall stand for trial at the next succeeding regular term of sucl court ap-'^'™*'' pointed by law to be holden after such return term; and the paitics in the law courts sljall not be required to plead at the first term, except that pleas in abatement shall be filed as now required by law: Provided, Thef,"^l\^".JlJ^JcJy provisions of this section shall not apply to bills in •"•divom-. chancery for partition atid sales of pmpertv. or in cases for divorce: Ami pro rklcd further, That the defendant ;y;V'?,nlen7.'""" or party against whom a bill may be exhibited in a chancery suit may come in and consent to a trial at the first term. Under this section, when suits are hereafter f,';^?;.^;.';"'* "^ brought in the City Court of Mobile, to the March or Juno term of said court, faid term shall be held as the retnin term, and said suits shall stand for trial at the next succeeding December term ; and suits that maybe brought returnable to the December terms, said Deccni- ber terms shall be held as the return term, and said suits shall stand for trial at the next succeeding June term; the said June term sliall commence on the third 1801. 4 Monday in May of cacli year during tlie continuance of this act: Provided further, That the provisions of this soetinn shall apply to all writs, summonses, complaints, and bills returnable to the spriuij^ term, 18G1, of the circuit and chancery courts, whether issued before or after the passa^je of this act. Fortiicominir Sec. 2. Be U furtlicr enacted. That in any case where bund 10 betaken ,. i n i • i ^ • ^ i' i bvofflcLT. an}' execution sliail have issued or may be issued, round- ed \\\)0\\ any judi^njcnt or decree of any court of record in this state, it shall and may be lawful for the sheritf or other olticer authorized to levy such execution to take from the defendant or defendants therein a forth- coming bond, with at least two good sureties, condi- tioned for the delivery of any property levied upon to satisfy such execution at the place where the same may be made returnable on the return day of such execution ; Pennitiesfor {|,jj ju i\^q event of a failure to deliver such propertv on iHiliirc to deliver , - ^, ,. T.i" i.roj.criy. tlic rcturu day of the execution, according to tlie con- dition of the forthcoming bond, the sheriff or other officer levying such execution shall return such forth- coming bond "forfeited;" and such return shall have the force and effect of a judgment against the principal and sureties therein for the full amount of the original Judgment and interest and costs thereon, and execution shall issue thereon accordingly. O'l";^!'!')-'' of Sec. 3. Be it farther enacted, That in case any deed df.'d of trust' or of trust 01 moi'tgagc, with power of sale, has been or mortgage. ^^^.^^ l^^ cxecutcd ill this statc, to secure the payment of any debt or debts, it shall not be lawful for the trustee or the creditor named in such deed or mortgage to sell any property so conveyed, without having the actual possession thereof, so as to deliver the same to the pur- chaser upon making said sale. And in the event the grantor in any such deed of trust or mortgage, with power of sale, shall fail on demand to deliver possession of any i)roperty or estate so conveyed, after having made default in the payment of the debt thereby secured, it shall be lawful for the trustee or creditor claiming to have legal title to sue for the possession of the same; and, if [>ersonal property, the sheriff, upon such suit be- ing brought and aflidavit of title made, shall take the property into possession, unless the grantor give bond, with good and sufficient sureties, as in detinue cases, to be approved by the sheriff or officer serving the sum- mons or writ, conditioned for the forthcoming of the 6 1861. property sued for, to answer tlic lien created by any such deed of trust or mortgage, or in default thereof to pay such debt and interest "thereon, with all costs: i^^o- ^""■•^'y ""V?,'''" •17; n-ii • 1 1 1 1 11 for proiicrty Ihiit vukd, nowevcr, Ihe surety- to said bond sliall not be »"i) Jie. made liable for the value of any such property as may die before the law day of the bond, without fonlt on the part of the defendant. Sec. 4. Be it farther enacted, That hereafter justiccs'/usu^csvoiris;' courts in this state for the trial of civil causes shall be held quarterly, at such times as the justices in each beat may appoint, and may continue three days, if necessary; and the term to which any original process, summons, warrant, or complaint shall be made returnable shall be deemed and held the docket term of said court, and the cause shall stand for trial at the next ensuing term thereafter; and on all judgments rendered b^- any jus- tice in any civil cause, the party or parties against whom such judgment ma}' be rendered sliall, at any time after the rendition thereof and before the payment of the same, have the right of a];peal to the next term '''^''' "^ ''^''''■"'• of the circuit or county court of the county in wliich such judgment may be rendered, upon giving such ap- peal bond, with surety, as is now required by law in appeal cases ; and the term to which such appeal may be taken shall be the return term thereof, and the next"^""'" '•^''■ra'*'^- succeeding term the trial term thereof; and in no case of appeal shall a county tax be charged, unless the ex- pense of a jury trial be incurred; nor shall any dam- ages over and above the debt and interest thereon be allowed. Justices of the peace shall make executions issued by them returnable to the quarterly term of their courts next after the rendition of an}- judgment. Sec. 5. Be it further enacted, That the' provisions ofJJ^/Jni.'I^r'iyj-- this act shall not be held to apply to suits of anyj'c "ni«-tr», or I .. ., . I l a! _ i/'i trustees. i*iMay. bbj convened^ That the several tax collectors of this state be, and they are hereby authorized to extend the time of collecting the tax for the year of 1860, to such time as may enable them to complete tlicir payments of state and count3'tax on or by the first day of May next, by which time they are hereb}^ required fully to pay all of the taxes due for said year. Sec. 2. Be it farther enacted, That the several tax May ^mu prop- collectors of tliis state may levy upon, and sell, prop-Myni? and ui erty for the payment of taxes, at any time between ^'"^^ the first day of March and the first day of May next, as they are now authorized i6 do between the first day of December and March in each year. Sec. 3. Be it farther enacted. That the extension Tax collector not , , . ^ 1 11 1 11 • il from hereby given to the several tax collectors, shall not many .imics i/y *• 1 i ^• t I ii this excmplioD. any wise operate to discharge or release them, or any one of them, from the [icrformance of any and all of the duties imposed upon them by law, nor shall they orany |»_^'n^i''t<"'cn»*i» one of them, or any of their securities, be discharged or released from the obligation or legal efiect of the sev- eral bonds they may have signed or executed for the performance of their duties, and the faithful pay- ment of monovs received by them: Provided, The ^■'■'"^" . «""•«»« written assent ot the securities to the extension aiiowcu wc obtained. by this act shall be obtained by said tax collectors and 1861. filed in the oiSce ot tlie comptroller of public accounts, and approved by the comptroller before the extension hereby allowed shall take elfect. Limit of tins act. g^c. 4. Bc it fuvthcr cnacted, That the provisions of this act shall only extend to the tax year commencing the lii'st day of March, 1860. And the several tax Collectors to pay collectors are hereby required to pay overall the moneys eeived°"iT l\il collcctcd OF rcceived at the time of the passage of this slise oMhis act ^<2t, and upon any one of them failing so to do, by the pJIiaiiy of fail- fii-st of March, 1861, all the penalties the law now enforces against defaulting tax collectors be in full force against any and all tax collectors, who shall fail to comply with this act, and the comptroller of public accounts is charged with the faithful execution of this Proviso. act : Provided, Any person being about to remove out of the county, who is owing any tax, the same shall be collected immediatelv. blrforta^c'and ^^0. 5. Bc it furthev enacted, That the bills or notes oilier public of all or any of the chartered banks of this state, shall be received for all taxes and other public dues, up to the first of May, 1861 : Provided. That every tax collector paying into the treasury the bills or notes of any bank that has suspended specie payment for their bills or siiaii make affl- notcs, sliall make an affidavit in writing, sworn to be- (Javit as to am't ' t • t i • • i of bauk-biiis or fore somc ofnccr authorized to administer an oath, stating the amount of such bills or notes proposed to be paid into the treasury by him, and stating that he collected the same at par from tax payers, and that he did not buy or receive the same at a discount, and shall file the same in the treasurer's office ; and if any tax collector shall swear falsely in making such affidavit he shall be deemed guilty of perjury. *^ubii's'ii"tiiis''act' ^^^' ^' -^^ ^^ further enacted, That one hundred and ' sixty copies of this act shall be jDrinted, and it shall be the duty of the comptroller of public accounts to send to each of the tax collectors, and judges of pro- bate, in each county, copies of the same immediately. Approved, February 8th, 1861. 9 "* 1861. No. 4.] AN ACT To legalize the suspension of specie payments by cer- tain Banks of Alabama. Section 1. Be it enacted bu the Senate and House of Heprcscntativcs of the State of Alabama in General Assem- bbj concened, That the suspension of specie payments by the Central Bank of Alabama, the Commercial Bank of Alabama, and the Eastern Bank of Alabama, be, and the same is hereby legalized upon the following conditions: 1st. That the said banks shall take at par t;"n<''y the All J 1 !• • J . 1 1 1 • I , 1 hastem Bank. Alabama, the sum ot sixtj'-three thousand eigiit hun- dred and fifty dollars ; to be paal for in coin if required by the governor. 2d. That said banks shall resume to resume spe- spccie payments by the first day of June, 1862, but the Marmr*^ ^'' governor may, in his discretion, extend the time of oovcmor may said resumption to the first day of the fourth week of*""''""' the next session of the General Assembly of this state, next after said day. Sec. 2. Be it further enacted, That on the failure of f»'1«>-c to f-om- said banks, or either one or more of them, to comply I'hurtcr with the conditions imposed by the first section of this act, said bank or banks so failing or refusing, shall for- feit tlK'irjj charter or charters, and the governor is required to institute judicial proceedings to obtain a judgment of forfeiture against such bank or baniv . Sec. 3. Be it further enacted, That so long a« ^ id Bonds to Btan.i banks, or cither of them, may actually own and hoi.' any of the bonds taken by said banks under the pro- visions of this act, the amount of said bunds so li''ld and owned by said banks respectively, shall be taken in regard to ihe amounts of bills said banks arc allowed to put in circulation, as so much gold and silver coin. Sec. 4. Be it further enacted. That during the BUS-fX!*n \ud^ pension of specie jiayments autliorizcd by this act, anytbisact. bill holder holding the bills ot any oue of .said banks 1861. 10 to the amount of fifty dollars or more, may, if payment of the same in specie is refused at the counter of the bank by which said bills were issued, deposit said bills in said bank, and require the cashier to give him a cer- tificate of the amount of bills so presented, and that payment of the same was refused, and the date of said presentment and refusal, and said bank shall be liable to the holder of said certificate for the amount thereof, with interest at the rate of (8) eight per centum per annum, up to the time of resumption of specie jiay- mentsby said bank, and should said bank fail to resume specie payment according to the provisions of this act, then said bank, on the presentation of the certificate, shall be liable to the holder of such certificate for the amount thereof, with (12) twelve per centum per annum interest thereon from such presentation until paid. Penalty as to g-^Q^ 5^ j^(, (i further encidcd, Thatif any cashier shall fail or refuse to give the certificate required by the ])ro- visions of the 4th section of this act, he shall forfeit and pay to the bill holder demanding such ceititicate, the sum of one thousand dollars. Bj.'J«^'°i,|'«,,,^;:: Sec. 6. Be it further enacted, That the bills of said ment of tax.;s, \){^,^].^>^ t^^Q bcrcb}' uiadc receivable in payment of taxes, and all other public dues, unless the governor shall, by his proclamation, otherwise direct. ^mthJ'rn^k; ^EC. 7. Be U fuvtheT enacted, That should the Bank toik n^a"'avaiV^^" ^^o^ile, and the Southern Bank of Alabama at ti^mseivos ofMobilc, aud the Northern Bank of Alabama at Ilunts- ""''^"- ville, before the first day of June, 1862, or either of them, suspend the payment of specie for their notes, they, or either of them respectively, shall be entitled to all the benefits and subject to all the conditions and liabilities of the banks ot the state now in suspension, on condition that said banks shall take at par, of any bonds of the State of Alabama, issued under authority of said state, amounts following: The Bank of Mobile, the sum of three hundred and nineteen thousand one hundred and fifty dollars: the Southern Bank of Alabama, at Mobile, the sum of two hundi-ed and twelve thousand eight hundred dollars ; and the Northern Bank of Alabama, at Huntsville, the sum of one hun- dred and six thousand four hundred dollars, to be paid Proviso. for in coin, if required by the governor : Provided, That the state shall not pay any interest on the bonds held 11 1861. by tlie banks, taken and held under tlic provisions of this act, until the banks resume specie payments sever- ally. Apphoved, February 2, 1861. No. 5.] AN ACT To alter and amend the Act to Provide for the Prepar- ation of a Revised Code of Alabama, of a General and Public Nature. Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the commissioner appointed by the governor to revise the code of the statute laws of the {State of Alabama, under the act of the last session, ap- proved February 2lst, 1860, be required to embrace in the code to be prepared b}' liim under the provisions of said act, in addition to the matters therein specified, all the public statutes of a wneral nature passed at theP"i j^i cii. j. i (1ml dollars cj.ch each, payable at the treasury ot the btate, bearing "''■''"'*""'"^'-''^^" interest, not exceeding six percent, per annum, with which or with means arising from the sale thereof, he shall pay the debts of the state, and which notes so issued and paid out or sold, shall be received by the state in the payment of all taxes and public dues to 17 1861. the state of every denomination, and for all corporate '''''''Viii'ie in and county taxes, laid or assessed alter the ])assage ot ami imbiic dues, this act : Provided., The whole amount of said treasury notes issued by virtue hereof shall not exceed (^1,000,000) .^.'^'"'"^ ""Txl^l one million dollars : And iwovided further., That whcn-*i,oop.ooo. ever the public officers receiving said notes for public dues shall \>ixy the same out again, it- shall not be deemed or held that the state is therebj' released from its obligations to pay the same to any holder thereof. Sec. 2. Be it farther enacted., That it shall be the compiroiior and dut}' of the comptroller and treasurer of the state, each, isuTmucs? "*''' to keep a book wherein every note issued shall be register- ed, numbered, dated, and the denomination thereof set down; which notes shall be signed by the treasurer and countersigned by the comptroller, before they are issued and paid out; whi(di said notes shall be thereafter transferable by deliver3\ Sec. 3. Be it farther enacted., That if any person orP™j'^|J>^'<"''"'"'g- persons shall forge or falsely alter any note issued by virtue of this act, or shall utter or attempt to [lass any forged or altered note purporting to be a note issued in pursuance of this act, knowing such note to be forged or altered, such person or persons shall suffer the pains and penalties now affixed by law for forgery in the first degree : Provided., That anj^ note issued under the au- thority of this act, after beino: sio;ued, numbered and^" be sigm-d •' T • 1 1 1 " 1 11 1 ■• 1 • nninbcrcd and registered, as required by the act, shall, before being put rcnisim-.i i>y into circulation, be delivered to the state treasurer, and charged in his office and against him, as so much cash, and accounted for accordingly. Approved, February 8, 18(j1. ^To. 10.] AN ACT To amend an Act entitled "An Act to loan and appro- l»riate the Three per cent. Fund, and its Interest." WiiEREAP, By an act of the general assembly of thcp,^„r State of Alabama, approved February 18th, I860, entitled " An act to loan an appropriate the Three per cent Fund, and its interest," certain powers, riglits, privileges and donations were conferred upon the Tcn- 2 1861. 18 iicssec and Alabama Central Railroad Company, upon certain conditions: And whi^rbas, The said Tennessee and Alabama Central Railroad Company, have, in legal forn), conveyed to the Mountain Railroad Contracting; Company, all right, title and interest in and to the said powers, privileges, rights, and donations, and have recommended and consented to the changes and amend- ments in said act which are hereinafter proposed^: now therefore, Section 1. Be it enacted by the Senate and House of Bepresentatives of the State of Alabama in General Assembly substitnicR conreucd, That the said act entitled " An act to loan Koa"'"c?miract-^"^ ^lU^^'^^P^'^^t^^ Thrcc pcr ccut. Fiiud audits in- iug conipanv. tcrcst," be, aud tlic same is hereby amended b}' striking out the words "Tennessee and AUibama Central Rail- road Company," wherever they occur in said act, and inserting in lieu thereof the words, "Mountain Railroad Contracting Company," and the said Mountain Rail- road Contracting Company shall thereupon be entitled to all the rights, powers, privileges and donations which are conferred by said act upon the Tennessee and Ala- bama Central Railroad Company, and be subject to the same duties, liabilities and contingencies as are im- posed therein upon the said Tennessee and Alabama Central Railroad Company: Prorfr/cf/, That the said Ten- nessee and Alabama Central Railroad Company, no matter by whom constructed, shall be constructed to r.oa.i to run logome poiut at or near Montevallo, as indicated in the or near Monte- • i \ tt rp i i • ^ j_-i r\^^ l. vaiK). said act " lo loan and appropriate the Three per cent, fund and its interest," approved February 18, 18G0, and that all other railroads now constructed, or hereafter to Right of connec- be coustructcd, iu this state, shall have the right to connect with the said Tennessee and Alabama Central Railroad, upon the terms and conditions usual in the comity of railroad companies, without any discrimina- tion against or in favor of any one or more of said other railroads over the rest: Provided farther, that tieither the foregoing proviso, nor any act to which this is an amendment, shall operate at all in favor of any railroad company that has not iirst agreed and bound itself to allow to the Tennessee and Alabama Central Railroad Company, and to the Mountain Railroad Contracting Company aforesaid, all tlie rights and privileges, it may claim under tlie provisions of this act, and not to make or continue any regulation or discrimination to the 19 1861. prejudice of snid Tennessee and Alabama Central Railroad Company, or the said Mountain Railroad Con- traeiing Company. Approved, February 7, 1861. No. 11.] a:n^ act To appropriate and dispose of the Two per cent. Fund now in the Treasury of the State. Section 1. Be it enacted by the Senate and House of Bcprescntatkes of the State of Alabama in General Assembly convened^ That the Two })er cent. Fund now on hand, Amiropriatcf> m and in the Treasury of the State, and lield in trust for^J"„';'J";'^g y^^^_ two speciiied purposes, as declared by act of Congress "» Rail Roaropriaiio,i hereby made shall be taken in stock in said railroad 'too^ 'bv*"ti.c company in the name of the State of Alabama, in the^'"'*^'- manner and on the same terms specified in the act of the General Assembly entitled "An act to appropriate the unappropriated part of the Two per cent. Fund, and a portion of the Three per cent. Fund," approved February 4, 1850, and certificates of stock shall be issued to the State in the same manner for the amount drawn as required by said last mentioned act. Sec. 3. Be it farther enacted, That before obtaining<'"nfipnn> to^ivo .l /. i i 1 ■ • . 1 • 1 -I 1 "^ bond fiir tiiltlifiil the tunu hereny appropruitcd, said railioad company nppii.niion or shall give bond and security, to be approved by tiie""' '^""''• governor, conditioned that the amount received under this act shall be faithfully ap[)licd in paying to the state the duties that may be required on the iron rails now in the custom house of the state, at Mobile, whii-ii iron lias been recently entered in the custom house of the State of Alabama, and also faithfully applied in laying down said iron rails from the present terminus of said road in the direction of Gadsden, in the county of Cherokee. Approved, February 7, 1861. 1861. 20 No. 12.] AN ACT To autlioi'izc an Extension of Sixteenth Section Notes. Section 1. Be it enacted b)/ the ^^enate cmd House of Mepresentaiives of the State of Alabama in General Assembhj convened, That the trustees of the public school for the' ten dollars to be several towuslilps of tliis statc be, and they are hereby extended. authorizccl to extend the time of payment of all notes that are or may become due, for the purchase of school lands in said township, under and according to the pro- visions of the general law, entitled "An act to renew an act -to extend the debts due the Sixteenth Sections," approved Februar}- 24, 1860, notwithstanding an exten- sion on said notes was not claimed in six months after maturity, and notwithstanding the said notes may have been placed in the hands of the attorney general for collection, or upon which judgments may have been rendered, provided the said trustees shall deem it safe for said notes to be renewed, and provided parties claiming the benelit of this act shall pay all costs and expenses to secure or enforce the collection of the same : Provided farther, That the provisions of this act shall not be extended to any note under the sura of ten dol- lars: Provided farther, That the transferee of the cer- tificate of purchase in any case shall be entitled to the same privileges of extension as original purchasers, upon the substitution of his note with sufhcient securities, to be approved by the trustees and judge of probate. Approved, January 29, 1861. No. 13.] AN ACT To repeal Article Third, Chapter First, Title Second, of the Code of Alabama. Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly iic^e8'"io '"th"^^^^^^'''^^' That Article third, Chapter first. Title second, Un1u*d st^atee. * of the Codc of Alabama, fVom section twenty-one to twenty-three, inclusive, be and the same is hereby re- pealed. Approved, February 8, 1861. 21 18G1. No. 14.] AN ACT To repeal Article 33 of Section 391 of the Code of Ala- bama, so far as the same relates to taxation on revol- ving pistols. . Section 1. Be it enacted hy the Senate and House of Bcpresentativcs of the State of Alabama in General Asscmhli/ convened, That article 33, of section 391, of the Cotle^j}^.'^'^ I'^'J^,;;'' of Alabama, be and the same is hereby repealed, in so" "^ ' far as the same extends to taxation on revolving pistols. Approved, February 8, 18G1. No. 15.] AN ACT To repeal, in part, an act entitled an act to regulate the agencies of Insurance Companies not incorporated by the State of Alabama, approved 24th Feb., 18G0. I Section 1. Be it enacted hy the Senate and i/b^/.^c o/ijopeaissonmch Representatives of the State of Alabama in General Assembly ;j|,'/p^, "^J,/^- '",■; convened. That so much of an act entitled "An act to';"''"?"'?^ "\''f , ' , . „ . . . silemptroiur. corporated by the State of Alabama, approved the 24th February, 1860," as requires the agent or agents of any fire, river, or marine insurance company', incorporated by any foreign government, to deposit with the comp- troller of the state the slock or certiticate thereof of one or more of the United States to the amount of one hundred thousand dollars, be and the same is hereby repealed. Sec. 2. Be it farther enacted. That the 12th section AnR-iis. ■, ,. -i i /■ j^i • • i • • regulations prescribed tor the original commissioners in the "Act to incorporate the Bank of Alabama, and for otlicr purposes," approved February 13, 1860, so far as the provisions of said act in this behalf can be made conformable to the object of this act, namely: the opening of books of subscription at the city of Mont- gomery within one year from the date of this act. Corporations au- Sec. 2. Be it furthcT enacted. That it shall be lawful thorized to sub- /• .1 'l c •\'r 1^ ' ii x* ecribefor stock. lor tiic City ot Montgomery, or any other corporation created under the authority of this state, to take or subscribe tor any number of shares of the capital stock of said Bank of Alabama, which the city of Mont- gomery is authorized to subscribe for by the existing law; and all laws, or parts of laws, contrary to the pro- visions of this act, are hereby repealed. Approved, February 8, 18*61. Ko. 17.] AN ACT To regulate the fees of Solicitors in certain State cases. soHoitor's fees SECTION 1. Bc it enacted by the Seiiate and House of on conviction Representatives of the State of Alabama in General Assembly s"avcT "twenty- (^owye/iec^, That heroalter, on conviction, upon indict- murderlrrmai^'^^*^"^^ ^or the offeuccs herein specified, the solicitor's fiaugiitcr tifiyfces shall be as follows, to-wit: Upon convictions for dollars — capital . . ,. -y n^ y • • i i oiTence against uuisunces in trading and tratnckmg witli slaves, twenty- HvodoiiarT'"^'five doUars; in cases for murder or manslaughter, fifty 23 ISfil. dollars; ag'ainst slaves in any capital offence, twenty- fivo dollars. Sec. 2. And be it farther enacted, kc, That, for jjam-foein pamwinpr /• . 1 i" ,• 1 • ■ • r» n\ ct ,, cases reduced to ing at an}' of the puaces mentioned in section 6,246 or ten dollars, the code, where a plea of sc^^ilty is interposed, the solicitor's fee shall be reduced to ten dollars. Approved, Fchrnary 8, 18(31. Ko. 18.] AN ACT In relation to Guardians of Idiots, Lunatics, and Per- sons non compos mentis. Section 1. Be it enacted b)/ the Sena'e and House of vruu-Me ooi.rH Representatives of the State of Alatjama in General Assemblt/ to"LT".n.pcrry conrened, That it shall be lawful for the courts of pro- ^"i"»y ''^''''^■ bate to grant to the guardians of idiots, and persons non compos mentis, orders to sell the property of their wards for the purpose of paying the debts of the wards contracted before they were declared incapable of man- aging their own business; or for their maintenance. Si;c. 2. Be it further enacted, That the said guardians 8aic» governed must pursue the course prescribed by law governing the f;yJc'*as"Ts!r- sales of property by administrators for tlie payment of"''"''*^''"'°"- debts, in an}' application made by said guardian under this act; and the same rules, so far as applicable, shall govern the courts of probate, in acting u[)on the appli- cations of guardians under this act. Sec. 3. Be it further cna"*.' •1 1 "li-l "^ J. 1. J. ^ ^ l>e sued ford ebta said may be sued at law, upon any contract, tort, de-of wanu fault, or miscarriage of the ward made, done, or sufi'ered before the said ward was placed under guardianship, or for necessaries furnished to the ward before the appoint- ment of a guardian. Approved, February 8th, 1861. 1861. 24 In'o. 19.] AN ACT To Secure the Rights of Patentees and Authors, and their assignees, in the State of Ahibania. Secures ri-iits Section 1. Bc U enactcd hii the Senate and House of held under laws ,^ . r i n r ti i • ' /-y i i i i of the United Rcpreseutatwes oj the State oj Alabama in General Assembuj mu day' oUan°, convened, That all persons who have heretofore obtained '^''^- letters patent for any useful art or invention, or im- provement thereon, or who have secured the copyright to any map, chart, book or books, print or prints, or their assignees or legal representatives, being citizens of any of the states seceding from the United States, shall have and enjoy the same rights and privileges and securities in such patents and copyrights as they were entitled to under the laws of the United States, in ex- istence prior to the eleventh day of January, 18G1. AH judgments, q^q^ 2. Be it further enacted. That all judgments and heretofore '"ob- dccrccs of tlic courts of the United States heretofore uedln force"""' rendered in this state, establishing a patent or copy- right, and all orders made, and injunctions and other process issued by said courts, are hereby continued in force, and are to be held valid and binding upon all the citizens of this state, to the same extent they were under the laws of the United States prior to the with- drawal of Alabama from the United States. Laws of the Sec. 3. Be it further enacted, That the laws of the continued in United Statcs, and the construction of the same by the appHcabief" ''^courts thcrcof heretofore made, are hereby adopted and continued in force as far as applicable in determin- ing the rights of parties as to patents and copyrights, as named in the 1st section of the act, to the same ex- tent they were prior to the 11th of January, 1861. Circuit courts in- Sec. 4. Bc U furthcr enacted, That the circuit courts erscrfiheUuHed of tliis statc arc hereby invested with all the jurisdiction, states courts, power and authority, legal and equitable, which was vested in the courts of the United States under the constitution and laws thereof, in the trial of all matters as to patents and copyrights, and that the same rules of court practice and modes of procedure are hereby adopted and continued in force as far as applicable for the trial and government of patent and copyright causes in the said state courts. Causes, judff- Sec. 5. Be it further enacted, That all causes, judg- and ^lication may be madc|n*i'ige"r'''"j'«T!^ in his behalf to a judge of the probate court in the*;^^^; °"' i«»"- county where he resides; and said judge shall call one respectable phj-sician and other credible witnesses, and fully investigate the facts of the case, and either with, or without the verdict of a jury, at his discretion, shall decide the case as to his insanity and indigence ; and if the said judge believe that satisfactory proof lias been adduced showing him to be insane, and his estate in- 26 sufficient to support him and his family, (or if he has no family, himself,) under the visitation of insanit}', on their certificate, authenticated bj' the seal of the pro- bate court, he shall be admitted into the hospital, and Supported at the supported there at the expense of the county; the said expense of the •!• i ini --i , county. judge, m such case, sliall have requisite power to com- pel the attendance of witnesses or jurors, and shall tile the certificate of the physician, taken under oath, and other papers relating thereto, with a report of the pro- county eommis-^*^^^^''"^^ ^^^^ dccisiou, aiu.l report the fact to the board sioners to raise of couutv commissionei's at their next meeting, whose the money. -, •ini ' i • • i duty it shall be to raise the money requisite to meet the expenses of support, and as soon thereafter as practica- ble, pay it to the treasurer of the hospital. County to pay Sec. 2. And be it further enacted, That when an in- 8i?months.''"'"^sane person, in indigent circumstances, shall have been sent to the hospital by his friends, who have paid his bills therein for six months, if the superintendent shall certify that he isa fit patient, and likely to be benefitted by remaining in the institution, the commissioners o the county of his residence are authorized and required, upon application under oath in his behalf, to raise a sum of money sufficient to defray the expenses of support thereafter, and pay the same to the treasurer of the hospital. Proceedings for Sec. 8. And be U farther enacted, That, whenever any the admission of i- '•j.iiiixi i a. j?ii insane pauper, paupcr may bc lusaue, it shall be the duty ot the over- seer of the poor, in the precinct wherein he resides, to make application in his behalf to the judge of the pro- bate court of the county, and said judge shall callone respectable physician, and fully investigate the facts of the case, and if satisfied after such examination that the disease is of such a nature as may be cured, he may issue an order to such overseer, or other suitable person, Supported at tiie requiring him, without delay, to take such insane pau- cointy.** ° ^ "" pcr to the hospital for insane, where he shall be kept and supported at the expense of the county in which is Dutyof judge of his residence : the iudo-e, in such case, shall have power commissioners, to coiupel the attendance of witnesses, and shall file the certificate of the physician, taken under oath, and other papers relating thereto, and a report of the proceeding and decision, and shall report the facts to the board of commissioners, at their next meeting, whose duty it shall be to raise the money requisite to meet the ^:i^ 27 1861. expenses of support, and as soon thereafter as practica- ble, pay it to the treasurer of the hospital. Sec. 4. And be it farther enacted, That the judge to if ihe pauper whom application shall be made, on behalf of any in- vX!"Vor\'u"o sane pauper, shall be satisfied upon examination of the "^^ '"';.,,'*'" "'*' case in the manner prescribed in the third section of 'y. siia" ije sup. this supplement, that such insane pauper cannot be Ik'a In twrd 'sci- provided fir by the keeper of the poor of the county,"*'"' upon which he is chargeable, with comfort and without danger or prejudice to himself and others, the said judge shall order the said pauper to be removed to the hospital for insane, to be kept and supported in the manner specified in the said third section mentioned. Sec. 5. And he it further enacted, That in all such cases ceniiioate to be as arc provided for in the first and third sections of *'^'" " this supplement, a copy of the judge's and physician's certificates, as mentioned above, under the otficial seal of the probate court, shall be sent with the indigent, or pauper, and filed by the superintendent of the hos- pital. Said certificates shall read, substantially, as follows : " I, A. B., judge of the court of ]irobate of the county Form of corun- of , and state of Alabama, do hereby report prl.baie.''"^^'^ ""^ that application has been made to me in behalf of C. D., a resident of said county, alleged to be insane, (and in indigent circumstances, or a pauper, as the case may be,) and pursuant to the act of the legislature, in such cases made and provided, I have called before me Doctor , a respectable physician, and other credible witnesses, to-wit, (state their names,) and having examined them and fully investigated the case, and not deeming it necessary to call a jury, I do hereby decide and certify that satisfactory proof has been ad- duced before me, showing the said C. D. to be an insane person, and that he has not suHicient estate or means to support under said visitation of in- sanity. Given under my hand at , in the county and state aforesaid, this day of , in tlie year of our Lord, one thousand eight hundred and sixty . A. B." '' County, ss. I, E. F., being duly sworn j;-- ^;,p'j>;;- according to law, do certit,y and declare, that i have examined into the state of health and mental condition of C. D., of the said county of , and that I am of opinion he is insane. E. F., Physician. " 1861. 28' "Sworn to and subscribed before rae, this day of , A. D. 186—. A. B., Judge," &c. iudjeofpr^ "I, A. B., Judge of the Probate Court of , ^'^^*^'- do hereby certify tliat tlie foregoing is a true copy of my report and certificate in the case of ; and also of tlie certificate of Doctor thereto ap- pended, as filed in m}' office. In witness whereof I have hereunto set ni}- hand and seal of office, at , this day of , A. D., 186—. A. B., Judge." Patient to be in Sec. 6. A7^d bc U further encictcd, That the county ness ^an/ w"m- officers, Sending a patient to the hospital, shall, before fortabiy clothed. g^,,-j(^}j,^g j^ii^^^ ggg x\^q^i \jq jg in ^ state of perfect bodily cleanliness, and is comfortably clothed and provided with suitable changes of raiment, as prescribed in the by-laws. Proceedings in Sec. 7. Aucl be it farther eimctecl^ That wh'>n a person who has^scaped shall have escape'^^ i'-"^i^<-nient, or have beei. a betn'Tomiitt °i of ^ criminal charge upon trial, on the ground of of a crimiaai insanity, upon the plea pleaded of insanity or other- insanity. wisc, the court being Certified b}^ the jurj^ or otherwise of the fact, shall carefully inquire and ascertain whether his insanity in any degree continues, and if it does, shall order him in safe custody, and to be sent to the County from hospital ; tlic couuty from which he is sent shall defray ro'^^defrly* ^ex-l^^s expenses while there, and of sending him back, if penses; butmay pQt;iirned ; but the couuty may recover the amount so recover the same • -y n ^ • ••ii ■ n from his estate, paid from his owu estatc, if he has any, or from any relation or county that would have been bound to pro- vide for and maintain him elsewhere. Proceedings in Sec. 8. And be it farther enacted^ That if any person fn%onfiuement"in coufiiiement under indictment, or for want of bail or other disabii- f^j. good bchavior, or for keeping the peace, or appear- ing as a witness, or in consequence of any summary conviction, or by an order of any justice, or under any other than civil process, shall appear to be insane, the .judc-e of circuit J^^to*^ of the circuit court of the county, where he is couruoinstitute confined, shall institute a careful investio-ation, call a investigation. i i i • • i i i-i i • i respectable physician and other credible witnesses, and if he shall deem it necessary, shall call a jury, and for that purpose is fully empowered to compel attendance of witnesses and jurors ; and if it be satisfactorily proved that he is insane, said judge may discharge him from imprisonment, and order his safe custody and removal 29 1861. to the hospital, where he shall remain until restored to his right mind ; and then, if the said Judge shall have so directed, the superintendent shall inform the said judge, and the sheriff, whereupon he shall be rcmandod to prison, and criminal proceedings be resumed, or other- wise discharged ; the jjrovisions of the last preceding section, requiring the county to defray the expenses of a patient sent to the hospital, shall be equally applicable to similar expenses arising under this section and the one next following. Sec. 9. And bcit further enacted, That persons charged when restored •,i -i ' 1 -iii xi 1 i? • shall be rcniand- witli misdemeanors, aiul acquitted on the ground ot in-r.iioprisoM.an.i sanity, may be kept in custody, and sent to the hospital J'.^i.ji,"gg rtXn- in the same way as persons charged with crimes. sumed. Sec. 10. And be it further enacted, That if the judge in cn?c or death of probate be dead, or incapable of acting by reason ofues"'to%'ri')e"- sickness or otherwise, the same duties hereinbefore re- j^Vmmy commi«° quired to be performed by him, may be and are hereby ^''^"^•■a. required to be performed bj^ one of the commissioners of the county, and his acts in the premises shall have the same validity as the acts of the judge. Sec. 11. And be it further enacted, That all pauper p-''t;™<^'-""n^d , . ,. . -^ , 1 c l^ • \ to three years 111 and indigent patients, sent by order or the judge as the hospital. speciiied in sections first and third of this supplementary act, are entitled to three years residence in the hospital, unless sooner restored to soundness of mind : Provided, That after that period, if, in the opinion of the superin-Ai^ertiirceyears tcndcnt, the said patients are not likely to be beneiitted uj^^oor Ifduse.'^ by longer residence and treatment in the hospital, and are neither dangerous to the communit}", nor likely to suffer by removal, the said superintendent is empowered to order the removal of said patients by the commis- sioners to the poor houses of the county of which they are resident: Provided further, That the commissioneivsfi"^',}^^ '^J,',',X} have power to return said patients to the hospital, if j!i„ilnl8giJ,°"r"!^ their mental condition requires it, after the forms pre- scribed in the first and third sections of this act have been complied with. Sec. 12. Beit further enacted. That the annual sal- ^'''•■"■"''s "i" offl- ,, , • 1 ■ /I. 1 (• ii 1 -i. 1 eersof the hoei>l- aries ot the resident ofhcers and treasurer ot tlie hospital lai. (said salaries not to exceed six thousand dollars for any one year,) together with one-fourth the actual costs of boarding and lodging any indigent and pauper patients who have been received upon the order of any court or judge, (said fourth of the costs of boarding and lodging 1861. 80 jiotto exceerl one dollar a week for any one patient) sliall f fnrt*ri •''"'^ be paid qnarterly, on the first da3's of January, April, July, and October, by draft drawn by the treasurer of the hospital in their favor, countersigned by the president of the board of trustees. Prnyision (' . n ■> convention, for IS iiercny apj^ropriated fur the payment of the mem- priming, *c. hers and officers of the general asseml)ly, and of the delegates and officers of the convention of the people of Alabama, now in session at Montgomery, and for the })ayment of the printing and other necessary ex- penses connected with the present sessions of said bodies, respectively. 1861. 82 No. 22.] AK ACT To provide for the payment of members and officers of the General Assembly. Section 1. Be it enacted by the Senate ami House of Represcntaticcs of the State of Alabama in General Assembly Pay of President coni'f net/, That out of any moncys in the treasury not atij gpcaktT. otherwise appropriated, the comptroller draw his war- I'ant on the treasury in favor of the speaker of the house of representatives and president of the senate, the sum of six dollars each per da}-, for each day's ser- vices during the session. Senators and In favor of the seuators and representatives each Keprosentatives. r-in i x- -iixi lOur dollars per day, as aforesaid, and twenty cents per mile for each mile traveled in going to and returning from the seat of government. Clerk of House In fiivor of tlic principal clerk of the house and und Secretary of • . , , c ji j -\ ^^ Senate. principal sccrctaiy oi the senate, seven dollars per day, as aforesaid. Engrossing and J,-, favor of the cugrossing clerk of the house, and assistant clerks, . ^ & _ J assistant secre- assistaut clerks of the house, and assistant secretary k'Jipers. *'°'^"of the seuatc, and door-keepers of the two houses, six dollars per day each, as aforesaid. Messengers. i,^ favor of the mcssengers of the house, one dollar per day each, as aforesaid. Principal secre- In favor of tlic principal secretary of the senate, and pa? c^erk.^'"'^" principal clerk of the house, one hundred and fifty dollars each for the services required by law of them after the adjournment of the general assembly. Restriction as to Sec. 2. Be U further enacted, That nothing herein '^'^^^' contained shall be construed to allow senators and rep- resentatives elected since the first Monday in August, 1859, more mileage than is provided by the act of 21st February, 1860, entitled an act to amend section 43 of the code. Approved, February 9, 1861. 33 1861. No. 23.] AK ACT To Regulate the Practice of the Supreme Court. Section 1. JBc it evaded by the Senate and House of Representatives of the State of Alabama in General Assembly convened. That from and after the pasaasre of this act, cases to be ac- 1 1 11 1 i • 3 • 0.1 1. 1-ciiled according when any cause shall be tried in tlie supreme court ot to the law ut the this state, which had, at an y former term thereof, been cl'Jion" tried and remanded, it shall be the duty of said court in deciding the law of the case, to be governed by what, in the opinion of said court, shall be the law at the time of the delivery of the opinion ot the court, without re- gard to any former ruling of the law in said case, provided there shall be a conflict between the for- mer ruling and the then present opinion of the court. Approved, February 8, 1861. No. 24.] AN ACT To Amend Section 1045 of the Code in relation to Free Colored Mariners. Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That section 1045 of the code be so amended Amendment of as to add at the end of said section the following: And t^« C"'J'=- any such free negro mariner who shall be found per- Guiity of amis- forming any labor or service, upon any .other vessel ^^"^"'^^j^^'^n any than the one to which he shall belonc:, shall be e^uilty "•''^•'■^"'^**""'\''i! „ . , , \ J. • ^ \ f • ^- the one to which of a misdmeanor, and may be tried before any justice he belongs. of the peace in Mobile or Baldwin counties upon warrant issued, and on conviction shall receive one hundred lashes, and the master of the vessel shall Mastcr^^of^ the pay all costs of such conviction, to be charged to or costs, taken out of the wages of such free negro mariner. And if such labor or service is performed by the consent, omol" "f"^ vcm" connivance or agrccriient of the master or other offtcer|j^»J|^'j''j^J^y^'^'^'",',j. of the vessel to which such nes^ro mariner may belong, not lessnian one ,, , ,, ^j, r.i 1 1-1 hundred dollar*. or tlie master or otiicr oiiiccr or tlie vessel on whicli such service or labor is done, such master or other officer of either or botli of said vessels is guilty of a misdemeanor, and on conviction shall be fined not less than two hundred dollars each. Apphoved, February 8, 18G1. 3 1861. 84 No. 25.] AN ACT To Punish Sales of Liquors to Free Negroes and for other purposes. Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assemblij dred do?ra'r''"or '^^'^^'^''^^' That aiij persou who sells, gives, or delivers seiiingr, piving, to ally free person of color, any vinous or spirituous free '^ person^ ofliquors, must. On convictiou, be fined not less than five color. hundred dollars : Provided, That the guardian or per- son in charge of any free negro, when necessarj' for the personal use of the negro, may give him ardent or vinous liquors. Penalty for sev gEC. 2. Be it further enacted. That the punishment ling or giving ll- /r> i n i ^^ i • • onon f i /--. i quor to slaves, atnxed to otieuces described in section d283of the Code See Code. ^^. ^]<;^]jr^,^-jr^^ shall be changed so as to make it not less than two and not more than five hundred dollars, or imprisonment in the penitentiary not less than one nor more than five years, at the discretion of the jury tiding the case. Pending prose- gEQ. 3. Be it furthcv enactcd, That prosecutions now CUtlonsnot anec- ^ ly • • i • nrtna ted by tiiisact. pending lor the onences in said section 3283, or the Code of Alabama, shall not be affected in any measure b}^ this act, and that all violations of said section com- mitted before the passage of this act, shall be punished as though this act had not been passed : Provided, This act shall not take effect until 1st of May, 1861, Approved, February 8, 1861. No. 26.] AN ACT To amend Section 2813 of the Code of Alabama. Section 1. Be it enacted bi/ the Senate and House of Pepresentatives of the State of Alabama in General Assembly convened. That section 2813 of the Code of Alabama, be amended by striking out the word "third" in the second line of said section, and inserting in lieu thereof the word ''fourth," and after the Avord "court" in the third line of said section, insert the following: "If a longer term than one week is provided by law for con- tinuance of said court, then the said subpoena should be made returnable to the tenth day of the term thereof," 35 1861. any law to tljc contrary iiotwithstandins;: P?-oi"?'c?ef?, ^""^^ not appiy * " to the C^itv t)r This act sliall not apply to the city court or circuit circuit couVt of court of Mobile county! ''"'"'^^• Approved, February 7, 1861. No. 27.] AI^ ACT To repeal Section 1155 of the Code and to amend the law in relation to Overseers of Roads.. Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assemble/ convened, That section 1155 of the Code be and the same m^of the^code" is hereb}' repealed, and the following adopted in lieu thereof: That the judge of probate, with the concurrence of the court of county commissioners, may pass upon .ludsrc of probate the sufficiency of such excuse or resignation of any per- e^'^^aJ^JIa 'sup- son for not accepting the appointment of overseer, or "° *"'"'^^''^"*'>'.*''" 1. o . 1 r . _ » excuse or resig- of any person who may resign his commission as over- nation of over- seer of any road in their respective counties, and if said '""^' judge and county commissioners shall consider said excuse or resignation insufficient, and said overseer shall neglect or refuse to act under his appointment as such overseer, he shall be subject to indictment andfor"contuma"y." fined not less than twenty or more than fifty dollars, if found guilty. Appkoved, February 8, ISGl. No. 28.] AN" ACT To amend Section 2039 of the Code of Alabama in relation to the Compensation of Guardians. Section 1. Be it enacted hi/ the Senate and House of Jicprcscntativcs of the State of Alabama in (jcneral Assembh/ convened, That guardians for services rendered by them ^""ij'pifa""""' in their office of guardians, shall be compensated in theecurorT'^f"'' ad- same manner as executors or administrators are, or"''""""'*'"" would be compensated for the like or similar services. Approved, February 5, 1861. 1861. 86 No. 29.] AN ACT To further secure Subordination among Slaves. Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly No part of f\ne convencd, That tlie second section of an act, approved auf." ° '"°™ -b'ebruary 5th, 1856, and entitled "An act the more effectually to secure subordination among slaves, by requiring the owner or overseer to reside with them," be amended by striking out the words, " one half of which shall go to the informant." Fine to go into Sec. 2. He it farther enacted, That in all convictions county treasury, uiuler the Said iict, approvcd February 5th, 1856, the whole of the iine shall be paid into the county treasury. Approved, February 8, 1861. No. 30.] AN ACT To regulate the Pay of Witnesses in Criminal Cases. Section 1. JBe it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly In cenain cases, convened, That in criminal cases, if no bill of indictment ne33"eZ^'''^^'^"'is fouud by the grand jury, or if a bill is found, but the defendant is not convicted and the prosecutor is not taxed with the costs, or if the defendant is convicted and an execution against him is returned "no property found," or if an execution against the prosecutor, where he is taxed with the cost, is returned " no property found," in each of these cases the fees of witnesses, who may be summoned on the part of the state, either before the grand jury or on the trial, shall be paid by the county, in the manner herein specified; and it shall be Duties of circuit the duty of tlic clci'k of the circuit court to state on the ment~^n"foc"offace of cacli witness certificate, either at the time of certificate. issuing the Same, or at any time thereafter, when such certificate is presented to him for that purpose, that the same is a good claim against the county, reciting also the facts which, under the provisions of this act, make it a good claim against the county, and dating and certiflcatcs re- j>jo.,^^,^or ^I^^q g^^j^-^g . and such Certificate shall bc receiv- ceivable in pay- .r> . & /> t • i r o j ment of certain able lu payment or debts due the county tor tines and coun y ue3. forfeitures, or payable by the county treasurer, out of 37 1861. any fines or forfeitures which may be collected by such county. Sec. 2. Be it further enacted. That if the costs in any ^^ ^stsare ^.b- *^ ^ \ ^ scciuentlv col- of the cases provided for by this act, shall be afterwards iectef "ot It'ss than more than seven physicians, resident in said county, oi three nor more good standing; and the medical board thus created g'/^^^ans^'"" ''''^' shall discharge the same duties, enjoy the same privi- leges, and incur the same liabilities as medical boards heretofore established by law. Approved January 31, 1861. • No. 32.] AN ACT To amend an act entitled "An act to regulate and define the duties and liabilities of Railroad Com- panies in this State," Approved, February 6th, 1858. Section 1. Be it enacted bj the Senate and House of Representatives of the State (f Alabama in General Assemble/ convened. That the words "and in no other case" at the end of the third section of said act be stricken out, and the following be inserted in lieu thereof, viz: That whenever an}' stock or other property is killed or damaged by the locomotive or cars of any railroad in 1861. 38 this state, and the owner of such stock or property brings suit to recover the value thereof, or the damage In suits for dam- thereto, the burden of proof shall be on said railroad ages, burden of ' . ., ^ „ . , . , , , proofon railroad compan}^ ou the trial 01 said suit, to show that the requirements of the first section of said act have been complied with by the said company, its agents or em- ployees : Provided, That the proof hereby required shall apply only to the particular place at which the injury was done. Claims barred if Sec. 2. Be it further enacted, That all claims for witiiinsixtydays damages uudcr the provisions of this act shall be for- ever barred, unless presented in writing, within sixty days after the same shall have accrued, to the president, treasurer, superintendent, or some depot agent of the railroad company sought to be charged, or unless suit shall be brought thereon within said term of sixty days. Sec. 3. Be it further enacted, That the provisions of this act be applicable to all suits of this kind now pending in this state. Approved, January 31, 1861. N"o. 33.] AK ACT To repeal dn part Section 2 of An act regulating Tax on Peddling. Section 1. Be it enacted by the Senate and House of Bepresentatives of the State of Alabama in General Assembly ■Act of isao not cQ^i^^;)2ed, That section 2 of "An act to impose a tax to apply to wag- ..' -, .,., ^i^- 0118 with bacon upon itinerant book and periodical agents, and to in- and^other v'^- ^^,q^^q ^i^q t^x oil pcddliug in the State of Alabama," approved February 24th, 1860, shall not be so con- strued as to apply to wagons laden with bacon or other provisions. Approved, February 8, 1861. No. 34.] AN ACT # To increase the Contingent Fund of the State. Section 1. Be it enacted by the Senate and House of Bepresentatives of the Slate of Alabama in General Assembly convened. That such sum as shall, together with the 39 1861. balance now to the credit of the contingent fund, in the increases th e state treasury, be sufficient to increase the same to then'vi' "tiiousaud sum of twenty-five thousand dollars, be and the same ''""""• is hereby appropriated, to defray the contingent ex- penses of the state government. Approved, February 8, 1861. No. 35.] AN ACT The better to Provide for the Safe Keeping and Se- curity of all Official Bonds which may have been, or may hereafter be approved by the Governor. Section 1. Be it enacted by the Senate and House of Representatircs ol the State of Alabama in (rencral Assembly convened. That from and after the passage of this act, i^onds to i)e kept it shall be the duty of the governor to cause all official iX!''^*^'""'^"^"'" bonds approved by him to be placed in the possession of the comptroller of the state, whose duty it shall be to file and place the said bonds in his iron safe or vault for safe keeping. Approved, February 8, 1861. No. 36.] AN ACT To repeal an act therein named in relation to the en- couragement of Direct Trade. Section 1. Be it enacted by the Senate and ITouse of Representatives of the State of Alabama in General Assenibli/ convened. That an act to encourage direct trade between the southern states and foreign countries, approved February 25, A. D. 1860, be and the same is hereby repealed. This act to take effect from and after the Takes offoct from nrst day or Marcii next. Approved, February 8, 1861. 1861. 40 No. 37.] AK ACT To authorize the Clerks of the lower Courts to issue Execution for their Costs in Appeal Cases. Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly '^fl^L-.f.t^:.(^onvened, That hereafter it shall be lawful for the clerks taken to supreme ol the circuit court, registers m chancery, judges of probate, and the clerks of all other inferior courts in this state, when cases have been taken from their respective courts to the supreme court, by appeal or other lawful mode, and been there decided, if the costs accruing in said lower courts for transcripts, or other- wise, be not paid by the parties against whom they were adjudged in the supreme court, to issue executions for such costs, returnable into the court in which the said costs accrued. Repeal clause. gj,^. 2. Be it further enacted, That alUaws and parts of laws contravening the provisions of this act, be and the same are hereby repealed. Approved, January 29, 1861. No. 38.] AN ACT To regulate the Hunting of Wild Hogs. Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly Not to hunt or QQ^i^f.'fi^fi That froui and after the passage of this act, it kill hogs without ! 1 1 /• 1 J? J. i i 1 i giving notice, shall uot be lawful for any person to trap or to hunt and kill wild hogs with dog and gun, or either, in any county in this state, without first giving notice to at least three householders living nearest the field, woods or swamp in which the hunt is to be made. ui°8 art^'fine of ^^^' ^- -^^ '^^ further enacted, That any person vio- twenty 'to fifty latiug tlic provisious of this act, shall be guilty of a dollars. misdemeanor, and on conviction shall be fined not less than twenty nor more than fifty dollars, at the discretion of the jury trying the case. • Repeal of former gj;c. 3. Be it farther enacted, That an act entitled "An act in relation to hunting wild hogs in the county of Butler," approved, February 21, 1860, be and the same is hereby repealed. Approved, January 31, 1861. 41 1861. 1^0. 39.] AN ACT To repeal in part section 2398 of the Code, so for as the same relates to townships. Section. 1. Be it en cied by the Senate and House of BejJreseniaiives of ike State of Alabama in General Assembly convened, That section 2398 of the code, requiring cor- section 289s not porations to give security for costs before commencing bytowi^'ips"'^"* suit, shalU not apply to suits commenced by townsliips. Skc. 2. Be it further enacted, That if any township ^^>'Kr';'t™''»pp°'°^- the treasury ot the state shall be appointed by, and shall liold his office at the pleasure of, the governor, wliose duty it shall be — 1. To examine, audit and adjust the accounts of all A"'ii<"'-» duty ■ •' 11 /v! *° oxamine and commissaries, quarter-masters, paymasters, all ofhcersaiKiit aii ac- connected with the medical staft", and of all other officers, *"*"'" *' agents and persons connected with the military depart- ment of the state, under any appropriation made by law for, or on account of said department, officers, agents or persons. 2. To keep an account of all expenditures of ]tul)lic Keep aooount of t r i/-'i"i'i 1 t. expenditures ic. money made lor or on account oi said military depart- ment, as well as all moneys due the state for or on ac- count of said department, and to report to tlie governor on the first Monday in each month, the balances due 1861. 44 the State therefrom, stating the account on which the same is due, the person from whom, and the fund or appropriation entitled to the same when paid. To draw war- 3_ '£q di'aw warrauts on the treasurer for the payment rants on the trea- /. ■, , i /»> tourer. 01 any balance or amount due to any oinccr, agent or person connected with said military department, in • favor of the person authorized to receive the same, sta- ting in such warrant on what account the same is due, out of what appropriation or fund the same is to be paid, and referring to the law making such appropria- tion, which warrauts shall be countersigned by the governor. r^e°cefpu &c! ^'^ '^- "^^ ^'^^^^ rcccipts for all warrants he draws, to pre- serve, file and arrange the same in his office, together with all accounts by him allowed, with the vouchers, papers, and evidence relating to the same. To preserve cop- 5^ To take and preserve copies ,of all letter written les of letters. , , . ,.,.'■. _n> • 1 i • l x by him or his direction on omcial business, and to pre- serve in proper tiles all letters received on official business. k.rmJ'&T"''^ ^- "^^ prescribe, with the approval of the governor, such forms, vouchers, affidavits, or other evidence, as he may deem necessary to the correct and efficient dis- charge of his duties as required by this act. How money is to gj^^. 4. Ami be it fiLrthcv enacted, That whenever, in be drawn, .. r-i •ini the opinion of the governor, it shall be necessary to furnish any officer or agent, connected with the military department, with money out of any fund specially ap- propriated, he may direct the auditor to draw his war- rant on the treasurer, stating therein for what purpose the same is furnished, the person to whom, the amount, and referring to the law making the appropriation, and the warrant when drawn shall state the same facts, shall be countersigned by the governor, and shall be charged to the person in whose favor it is drawn payable. Appeal to the Sec. 5. Aiid bc U further enacted, That should any governor. persou be dissatisficd with any decision made by the auditor, he may, in three months thereafter, appeal to the governor, whose decision shall be final. Failure to apply Sec. G. Aud bc it farther euactcd. That whenever any ^f*bond* '"'''^'' warrant shall be drawn under the fourth section of this act, in favor of any ofiicer, the failure to apply the amount received therefrom faithfully, or to pay the same or any balance in his hands to the treasurer upon notice by the governor to him or either of his sureties, shall be a breach of his bond : and if an official bond 45 1861. has not been given by such officer or person in whose fitvor any such warrant may be drawn, the governor may in his discretion require, before the delivery of any such warrant, a bond to secure the state for tl)e faitlifnl application of its proceeds, and the repayment of any balance to the treasurer upon notice to him or cither of his sureties. Sec. 7. And be it farther enacted, That any officer, Liability wiiere agent, or other person who has given no bond, and who ^rven"^ ''*''''"" shall have received any money under the provisions of the fourth section of this act, and their personal repre- sentatives, shall be lia))le for any balance due the state by such officer, agent or person, in the same courts, upon the same notice, and in every respect the same, as if such officer, agent or person, had given bond, and that the certificate of the auditor shall be in all suits un- der this or the preceding section presumptive evidence of the balance due the state. Sec. 8. And be it farther enacted, That it shall be thes>"it against de- duty of the Governor, upon default being made by any person under the provisions of this act, to direct the at- torney general to commence suit against such person, his sureties, their personal representative, or the per- sonal representative of either of them, and judgment may be obtained for a breach of the bond by motion in the name of the state, in the circuit or county court of Montgomery county, or in any circuit court of any county in which the party against whom the motion is made may reside, upon twenty days' notice against any one or more of the obligors on whom notice is served ; and a certified copy of the bond from the office of sec- retary of state, or other officer having custody of the said bond, shall be presumptive evidence of the execu- tion of the same, and the certificate of the auditor of the amount due by the principal therein, presumptive evi- dence of the amou!it due to the state. Sec. 9. And be it farther enacted. That upon all judg-i''"'cn''nnt may monts rendered under the provisions of this act, the de- fendant shall upon execution issued, have the right, on executing a forthcoming bond in double the amount of the execution, with good and sufficient security, to be ap- ' proved by the sheriti', of staying the execution for thir- ty days, and if tlie property described in said bond is not Vr"'^''i'-^''''""* delivered according to the obligation thereor, said bondi''"> lo i'»uc «- shall be returned to the office from which execution is-Snir^cSriuci" sued, endorsed "forfeited," which endorsement shall 1861. 46 have the force and effect of a judgment, and the clerk shall issue execution against the principal and secuvi- tiesforthe amount of the original judgment, endorsing the said execution, that no forthcoming bond shall be taken ; upon which execution it shall be the dut}^ of the officer to proceed forthwith to make the money, without delay or taking any other security. Compensation of Sec. 10. And be it further enucted, That the auditor Auditor. appointed under the provisions of this act, shall receive for compensation the sum of two thousand dollars per annum, and at that rate for the time he may continue in office, payable quarterly", according to the fiscal year; and shall give bond payable to the state of Alabama, in the penal sum of one hundred thousand dollars, condi- tioned for the faithful performance of the duties of his office during the time of his continuance therein. AiKiitor to re- gjjc. 11. Aiid be it further enacted, That in addition arsembiyr^"'' to the dutics required of the auditor by the third section of this act, he shall be required to report to each branch of the general assembly, during the second week of each regular session, the amount of money received and dis- tributed during the preceding fiscal year, and on what account, as well as the balances due to the state under this act, from whom and what sources. May employ Sec. 12. And be U further enacted, That the auditor may employ one or more clerks, not exceeding three, with the consent, and for such time as the governor may direct. The compensation of each clerk shall not ex- ceed seven hundred and fifty dollars per annum, and at that rate for the time he is employed. Bonds to be re- g^c. 13. And be (t furthcr enucted, That all bonds ta- corded and filed. iiii ii-,i j? ken under this act, shall be recorded in the secretary oi state's office, and filed in the office of the comptroller of public accounts. Approved, February 6, 1861. Ko. 42.] AN ACT To authorize the Governor to appoint a Military Board. Section 1. He it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That a military board be, and the same is ?fThree°perron8! hereby established in this state, to be composed of three competent persons, to be selected and appointed by the 47 1861. governor, wliosc duty it shall be to remain at the seat of ixovGninicnt, or at head quarters, unless otherwise engaged under the orders and authority of said board, and advise with the governor on all matters connected p,,,,,,^ ^^ the with the organization of the army and navy of the ^"a""^- state, and to counsel and advise with the governor ou all matters connected with the employment, manage- •ment, disposition, disciplining, and control of the array and navy of the state, and generally to aid the gover- nor with their advice and services in reference to all matters connected with the military service of the state. Sec. 2. JBc it further enacted, That until otherwise ^'^y consimct provided for by the Confederac}' of the seceding states, Ic."^ '° should one be formed, the said council, under the sanc- tion and authority of the governor, shall have power and authority- to cause to be constructed such works of defence for the protection of the coast on the Gulf of Mexico, and the bays, as they may deem necessary for the protection and security of the state, and for the same purpose to strengthen and fortify those already constructed, provided said council shall not exceed the amounts appropriated or to be appropriated at this ses- sion for that purpose. Sec. 3. Be it further enacted. That in order to carry May purchase out full}' the objects of the preceding section, the said orlinnnoi" Moree, council, under the direction and sanction of tlie jrover- "'"' "'"''"'■''''■ nor, shall have power to purchase any amount of ord- nance, ordnance stores and material of all kinds that may be deemed necessary, not to exceed the appropria- tions made or to be made for military purposes. Sec. 4. Be it further enacted. That said council, under '^•''>' e"ipi"y"ne the sanction and autlionty arorcsaid, are authorized and"«n nnmiKr, or empowered to employ one or more or their own num- ,„.rHonM<. make ber or any other [lerson or persons for the purpose of'"""''"""^^*' procuring arms or munitions of war. Sec. 5. Be it further enacted, That all amounts here- Governor ami tofore appropriated or that may be hereafter ai'propria-poMM.fBppropri- ted for ordnance purposes, shall be expended under the""""*' direction and control of the governor in accordance with the determination of said council. Sec. G. Be it further enacted, That the governor shall, [i:;^^;]";;^;;^';^,; when he thinks proper, itresidc at said council, and in'"' 'i«'>(rnaie nis absence sliall designate some member ot the council fonhat purpose, to [)reside in his place, and all acts of said council shall be sanctioned by his authority before they be executed. 1861. ' 48 Tenure of office. Sec. 7. Be U fartlw cuacted, That the members of the iiiilitaiy board so to be appointed, shall coiitiniie to hold their offices until the 1st January, 1862, unless sooner discharged by the governor, and shall receive for their services at the rate of $l,/)00 per annum each, for the time they are actually employed. Approved, February 5, 1861. No. 43.] AN" ACT To authorize the appointment of Engineers in the Army. Section 1. Be it enacted hij the Senate and House of Ile23resentatlves of the State of Alabama in General Assemhhj Governor may coiicened, That the Govcmor be and he is hereby gEfoTlindLsi's'- authorized to appoint one chief engineer, with the rank tant8. of lieutenant colonel, and as many assistant engineers as in his judgment the exigencies of the service may require : Provided, That there shall not be more than one assistant, with the rank of major, nor more than two assistants, with the rank of captain. Pay. Sec. 2. Be it farther enacted, That the pay and al- lowances of engineers appointed in pursuance of this act, shall be the same as that of officers of similar grades in the United States army. Appuoved, February 8, 1861. Ko. 44.] AN ACT To promote Military Efficiency and for other Purposes. Section 1. Be it enacted by the Senate and House of Rejyresentatives of the State of Alabama in General Assembly l^^F^c^mlll convened. That the governor be and he is hereby author- Bionato citizens i2ed aud requcstcd to issue commissions in the name of who have held ■, r^ , (• » i i 1 1 • • c y • commissions in the btatc ot Alabama, to all citizens or this state who navarservice ofon the lltli day of January held commissions in the the u. s. military or naval service of the United States, and have resigned or may hereafter resign the same, said com- missions so issued by the governor to confer the same rank, pay and emoluments as the commissions said citi- zens have held or now hold under the authority of the 49 • 1861. United States : Provided That the officers so commis- sioned by the governor shall report themselves ready for immediate duty under the orders of the governor of this state. Sec. 2. Be it further enacted, That the provisions ofK^tcmie.uoCap- , , ,1 ^ ^ r^ tain John N. Per- this act be and the same are hereby extended to Capt. kins. John N". Perkins, late of the United States army, and a citizen of Alabama. Approved, February 9, 1861. No. 45.] AN ACT To compensate certain officers therein named. Section 1. Be it enacted by the Senate and House of Heprescniatives of. the State of Alabama in General Assembly convened. That whenever any of the aids-de-camp ofP-'^J' f*" '^'^■'^'^■ 1 1111 11 11 1111 fiJ"!? same aa the governor shall be ordered on actual duty, the}' shall coionci of dra- be entitled to receive, while on duty, the pay and allow-*"""*' ances of coionci of dragoons, and this provision shall ajv ply as well to those who may have already been, as^vell as to those who may hereafter be, thus ordered on duty. Approved, February 8, 1861. No. 46.] AN ACT To guard the State from invasion by Sea. Section 1. Be il enacted by the Senate and House of JRcpresentatives of the State of Alabama in General Assembly convened. That any pilot or branch pilot holdino; a license P'i"t "r "'>'" , ' , ,• I • . ,1 • 1 i piToon sliall not under the laws or this state, or any other resulent orcmiuct armed inhabitant of this state who shall, after the 1st day ofw,e.' '"'" ^"" Februar}', 1861, conduct any foreign armed vessel into the port, bay or harbor of Mobile, shall be subject to in- dictment in the city or circuit court of Mobile county, and upon conviction shall be lined not less than one pemiiy. thousand dollars and imprisoned five years in the peni- tentiary, or shall sutler death, in the discretion of the jury trying the cause : Provided, however, That the offi-r^o^i"- cer who n)ay 1»e in command of Fort Morgan, under the 4 1861. 50 authority of the governor of this state, shall have the jDOwer to authorize any licensed pilot to bring or con- duct any foreign armed vessel under the guns of said fort, or into the port, bay or harbor of Mobile, when- ever such commanding officer may deem it prudent: And j)rovidcd furt/ur, That the governor of the state shall have the power to suspend the operation of this section whenever he may deem it advisable. omccr at Fort Sec. 2. And be it further enacted, That the officer in mo ve*bu^s^4ci command of Fort Morgan, at the entrance into tlie bay of Mobile, is hereby authorized, whenever he may think proper, to cause all buoys and beacons in the channel, and as far as practicable all land-marks, that may serve as guides for vessels entering the port of Mobile, to be removed, including the buoy at the outer bar. Contract for tci- Sec. 3. And be it farther enacted, That the officer in command of Fort Morgan, under the authority of the governor of this state, be and he is hereby authorized to contract for the continuance of a telegraphic line from Point Clear, in Baldwin county, to Mobile Point, and upon the approval of such contract by the gover- nor, said commanding officer shall cause said line to be constructed as speedily as possible, and the cost thereof shall be paid out of the treasury of the state, upon the draft of said commanding officer, if sanctioned by the governor. Sec. 4. And. be it further enacted, That all laws con- flicting with this act be repealed. AppiiovED, January 21, 1861. egraphic line. Bepcal clause. No. 47.] AN ACT For establishing Rules and Regulations for the govern- ment of the Army of the State of Alabama. Section 1. Be it enacted by the Senate and House of Representatives of the State of A labania in General Assembly f^^^^^, convened, That the "articles of war," as established by United a,n act of Congress of the United States, approved April states adopted. .. , -,r,nr> ,i -ii ii i 10th, 180o, together with the several amendments and modifications thereof, extracted from various acts of said Congress, and published in the army regulations of 1857, by order of the Hon. Jefferson Davis, Secretary of Army tions of 61 1861. War, be and the same are hereby adopted for the gov- crninent ot the army of the State of Alabama, whether reguhirs or volunteers in active service, with thefollow- AUomtions and ing alterations and amendments: that is, insert "Qov-*""'"^'"'"'*' ernor" in the place of "President" wherever it occurs, ^ nnd insert "State of Alabama" in the place of "United States" or "United States of America," wherever they occur; insert "Adjutant General" in the place of "De- partment of War" and "Secretary of War," wherever these terms occur ; strike oul, in art. 5tli, the words "the President of the United States against the Vice President thereof, against the Congress of the United States, or against the Chief Magistrate or Legislature of any of the United States," and substitute in their stead "the Governor of the State of Alabama, the President or Vice President of the Southern Confedera- cy, should one be formed of which Alabama is a mem- ber, against the Congress of such Confederacy, or against the Chief Magistrate or Legislature of any State of such Confederacy." In the 10th article, strike out the form of the oath therein prescribed, and substitute the fol- lowing: "I, A. B., do solemnly swearor affirm, (as the case oatu of aiitgi may be,) that I will bear true allegiance to the state of*"*^*-"- Alabama, and, in case a Confederacy is formed, of any seceding states, including said State of Alabama, that I will bear true allegiance to such Confederacy, and that I will serve said state and said Conlederacy honestly and faithfully against all their enemies and opposers whatsoever ; and will observe and obey the orders of the Chief Executive of said Confederac}', or of the Ex- ecutive of Alabama, if the same is not formed, and the orders of the officers appointed over me, according to the rules and articles for the government of the armies of said Confederacy or said state ;" and to art. 100 add these words, which must be understood to include both volunteers and militia, when called into active service, any law, rule or regulation to the contrary notwith- standing. Approved, February 8, 1861. 1861. 62 1^0. 48.] AN" ACT To make certain provisions for tlic Volunteors now in service at rensacoln. f Section. 1. Be it en ded b>/ the Senate and House of Representatives of the State of Alabama in General Assembly Provision ^^r comcned, Tliat whereas the government of the United maitertoPensa- States has abolished tlie post office at I'ensacohi, the governor be and he is iR'rcby authorized to employ as many reliable messengers as may be necessary, at a cost of not more than three dollars each per day, that one may go to and from the cities of Montgomery and Pen- sacola, by the way of Greenville and Sparta, dail}-, fot the purpose of carrying letters and such packages as the public cotiveyances in which the messengers may travel will permit them to carry without extra chai'ge, to and from the volunteers now in service at Pensucola, Approved, January 29, 1861. cola. No. 49.] AN" ACT To induce Kailroad Companies in this State to carry troops and munitions of war for this State tree of charge. Section 1. Be it enacted by the Senate and House of Bepresentatircs of the State of Alabama in General A,''0cided further, That the governor shall have the pow- Buspendthieact. (3,.^ ut the cud of any fiscal year, to suspend the opera- tions and provisions of this act, as to any one or more of said rail road companies. Approved, February 7, 186L 53 18G1. 1^0. 50.] AN ACT To authorize the appointment of additional Lieuten- ants, and for other purposes. Section 1, Be it enacted hi/ the Senate and House of Representatives of the State of Alabama in General Assembb/ convened, That tlie governor be and he is hereby author- Appointment ized to appoint, in tlie regular army, and to cause to be s"cond'^''nuuten-^ elected in tlie volunteer service, whenever, in his j udg- ■*"'*• ment, the public interest may require it, t\Ao second lieutenants to an}- company, provided there sliall not be in anv one company more tlum four commissioned officers/ • Sec. 2. Be it further enacted, That whenever the jjov- oompanips may 111 ' J. -ii Til ""ii- consist of one ernor shall so appoint, or cause to be elected, an addi-iiuri.irc.inniinot tional second lieutenant, that he may, at his discretion, Jf^elncn.'*'^'^"''^ require tke said company to be composed of one hun- dred men, rank and Hie, and such company shalj not consist of less than seventy-tive men. Sec. 3. Be it further enacted, Th'it the rank of the uanu nxed by said second lieutenant shall be fixed by the governor, "'^ ^"**"^"*"^" whenever their commissions bear the same date. Sec. 4. And he it further enacted, That whenever aoovcmor to company is accepted with a less number than seventj-- J^"",'e remm^'i five men, or whenever its rank shall, from an}' cause, ^"^j'*''"!'*^''' *"»"''■ fall materially below that number, the governor may, in his discretion, cause said. ranks to be recruited to the requisite standard of men in the regular service. Sec. 5. A7}d he it further enacted, That as soHie differ- N„mhor or non- ences have arisen as to the number of non-c()mmis?ioii-|'/^'^.[!^|,''.'',"^^^^^^ ed officers to which each company is entitled, and thepo'nt««>^ manner of their ajipointmeiit, it is hcrcl)}' declared that there shall be four sergeants and four corporals to each company, to be ap[)ointed by the colonel or command- ants of the regiments, upon the reconimondation of the captain or commander of a company ; the orderly to l)0 Bclected from the sergeants thus aijpointed. Approved, February 8, 1861. 1861. 54 1^0. 51.] AN" ACT . To authorize the employment of a clerk in the office of the Adjutant and Inspector General, api)ointed under the military ordinance of the 19th January, 1861. Section 1. Be it enacied hy the Senate and House of Representatives of the State of Alabama in General Assembly Compensation conve?ied. That the adjutant and inspector sjeneral under not to cxccfd T 1 o eight iiundred the Ordinance of 19th January, 1861, be authorized, doiurs per «"- ^yj^.]^ ^\^q eouseut of tlic govcmor, to employ a clerk in his office, at a compensation not exceeding eight hun- dred dollars per annum, and at that rat^ for the time employed. Approved, February 8^ 1861. :N'o. 52.] AN ACT To accept the aid of certain patriotic citizens. Section 1. Be it enacted by the Seriate and House of Representatives ot the State of Alabama in General Assembly Governor autiior convcned, That the governor be and he is hereby author- J^rviccs oT'^nc'-ized to acccpt, to such extent as he may deem necessa- f(^tlln''l'mon8 OS the proffered services of negro men, tendered by George N. Gilmer, of Tallassee, Tallapoosa couity, Joel E. Mathews, of Dallas county, and Alexander Davidson, and his neighbors, of Terry county, and of persons who have made, and may hereafter make, similar offers to aid, as may be necessary, in protecting and defending the state. Governor to do- Sec. 2. Be it farther enacted, That during the time .txpcn8(ll."^'''"'^8aid negroes are so employed in the service of the State, and while traveling to and from the place of such ser- vice, the governor is authorized to defray all necessary expense of traveling and provisions, out of whatever amount may be or has been appropriated to the military .defense of the state. Approved, January 31, 1861. 55 1861. No. 53.] AN ACT To conditionally relieve from militaiy duty certain per- sons therein named. Section 1. Be it enacted hi/ the Senate and. House of Representatives of the State of Alabama in General Assembly convened, That whenever, in the opinion of the gover- uaiiroad, teie- nor, the puhlic interest of this state shall require it, he[;T,7'W-iunboa'i may exempt from military' duty any offijer or emi)loyce'"'""'^'"'''- ofanyorall railroads, telegraphic or express compa- nies, or of any or all steamboat or other water craft, ■while said officer or employee is actually employed as such. Approved, January 31, 1861. No. 54.] AN ACT To authorize the Governor to distribute certain arms. Section 1. Be it enacted by the Seriate and House of Bepresentatives of the State of Alabama in General Assembly convened, That the governor of this state be and he isFiro omnpanies hereby authorized to furnish any fire compnnies in the fUniis'hcu "wiui ci.enatc and House of Bepresentatives of the State of Alabama in General Assembly convened. That the governor of tliis state shall immedi- Governor lo or ately order elections to fill the offices of major general, lions in tin- mi brigadier general, and colonel, in the various divisions,''"^ 1861. 56 briirades and reo:imcnt3 throuixliout the State of Ala- baina, and fix the day on which the same shall be held, and said elections shall be held under the direction of the slierifts of the respective counties, conducted in the same manner, and returns thereof made as now provid- ed by law. Brigadier-gene- Skc. 2. Be U farther eiiacied, That in all eases where regiments!''""'' there are two or more regiments in the same county, it shall be the dut}' of the briii^adier general in command of such regiments, to define the boundary line between said regiments. Election of offl- Sec. 3. Bc U further eiKicted, That all volunteer reg- cersofvoiuntceriments aud comijauies, oraranized under the laws ot this regiments and .. J- ,' ^ . iiiiiii ,.■ r companies. State, ou giviug ten Qays notice, shall hold elections tor their officers, and report to the governor of the state, except those companies and regiments which have been organized and have re-elected their officers since the passage of the ordinance to re-organize the militia of the state ot Alabama, of the 23d day of January, 18G1. Approved, February 8, 1861. is^o. 56.] AN ACT To give greater efficiency to the Military Department of tlie University of the State of Alabama. Section 1. Be it enacted by the Senate and House of liepresenta tires of the State of Alabama in General Assendjli/ Increases inlet- con vcncd, That "All actciititlcd An act to amend sections funTi^eigut per 383 and 384 of the Code of Alabama, fixing the Univer- ^■^°'' sity fund and establishing a military department in said University," approved February 23d, 1860, be, and the same is hereby amended by striking out the word "six" in the last line of said section, and inserting in lieu thereof the word " eight." l^mlsTdHii offi. S^^- 2. -Be itfurthtr enacted. That it shall be the duty cers when re- of tlic prcsidciit and Superintendent of tlic University gcve'rnor!'^viUl'^ of Alabama, or the oiHcer in charge thereof by what- out pay. soever name designated, on the requisition of the gover- nor of the state, to detail a competent officer of said University, to drill and instruct such officers or troops of the State of Alabama, as the governor may designate, not exceeding two months in any one year, at such 5T 1861. place within the state as he may direct, and the officer 80 detailed shall receive no pay or compensation from the state for such services. Sec. 3. Beit further cnaotcd, That from and after the Throo Mmients passatije ot this act, three pnpils trom each comity ottvtoiiecducatcd this state, instead of two, as now provided hy law, shall [;,':;;i;;|,;="'""S'^''"'" he educated at the University, free of all charge for tuition in the same: Provided, the rate of interest hereb}'' authorized to he paid on the University fund, shall con- tinue so long only as it m-Ay be the policy of the state to continue the military department as a branch of the State University. Approved, January 30, 1861. Eo. 57.] AN ACT To amend an act entitled "An act, to provide for an efficient military organization of the State of Ala- bama," approved, February 24th, 1860. Section 1. Be it enacted hy the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the words one hundred and fifty, be increase of num- •added after the words "eight thousand" where they '"'"^ "''"• occur in the 1st section of an act entitled " An act to provide for an efficient military organization of the State of Alabama," approved, February 24th, 1860. Sec. 2. Be it further enacted, That the tigures " oneinm^win But- hundred" where they occur after the word " Butler" in '-'■'^°"°^' same section, be stricken out, and the figures two hun- dred and fifty inserted in lieu thereof. Approved, February 5, 1861. No. 58.] AN ACT To amend An net to provide for the military education of two young men from each county in tiic (State of Alabama. Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That an act approved February 21st, 1860, en- 1861. 58 Amendatorv. titled ail act to pi'ovide for the military education of two young men from eacli county in the State of Ala- bama, be and the same is hereby amended by striking out the words " such cadet" where they occur in the last line of the sixth section of said act, and insert in lieu thereof the words "the superintendent of the school, who shall account for the same to the parent or s^uardian of such cadet." Approved, February 8, 1861. No. 59.] AN ACT To fix the times of holding the circuit courts in the fourth judicial circuit. Section 1. Be it enacted hy the Senate and House of Hepreseniaiives of the State of Alabama in General Assembly convened, That from and after the passage of this act the circuit courts for the 4th judicial circuit shall be Time of holding held as follows : In the county of Lawrence on the first rencecounty.*^^" Monday in March, and may continue for one week, and on the first Monday in September, and may continue In Lauderdale fQp ^wo wccks. In the couutv of Laudcrdalo, on the second Monday in March and the third Monday in September; and for the spring term thereof may con- tinue for two weeks, and for the Ml term thereof may In Franklin contiuuc for ouc wcck. lu the couutv of Franklin, ou county. »/ ' the fourth Mondays in March and September, and may In Limestone contiiiuc for two wecks. Ill the county of Limestone, county. Qj^ ^Y^Q second Monday after the fourth Monday in March and September, and may continue for one week. In the In Morgancoun- county of Moi'gau, Oil the third Moiiday aftcr thc fourth Monday in March and September, and may continue for In Marion coun- one wcck. In thc couuty of Marion, on the fifth Mon- '^'* day after the fourth Monday in March and September, and may continue for one week. Sec. 2. And be it farther enacted, That all laws and parts of laws inconsistent with this act, be and the same are hereby repealed. •When tbis act Sec. 3. Be it farther enacted, That this act shall not goes into effect, ^^j^^ ^^^^^ ^^^^jj ^^^^.^^ ^^^^ ^j^^^^ Mouday after the fourth Monday in March next. . Approved, February 8, 1861. 69 1861. No. GO.] AK ACT To regulate the time of holding circuit court in the county of Chambers. Sectiox 1. lie it enacted bi/ the Senate and House of JR( present at ives of tJie State of Alabama in General Assetnbly convened. That an act, entitled "An act to lay oil' and to be hei.i sixth divide the state of Alabama into eleven judicial cir- flr""'Mo„day'^'in cuits," approved January 25th, 1860, be amended as fol- teJ^^^'^V.''"** ^^P" lows, to-wit : the circuit court for the county of Cham- bers shall be held on the sixth Monday after the tirst Monday- in March and September of each 3'ear. Sec. 2. Be it farther enacted, That all laws and parts of laws, in conflict with the provisions of this act, are hereby repealed. Approved, February 5, 1861. Xo. 61.] AN ACT To change the time of holding the circuit court in the county of Marion. • Section 1. He. it enacted by the Senate and House of liepi'esentatives of the State of Alabama in Generid Assembly conrencd, That from and after the passage of this act, onfinh Monday the circuit court for the county of Marion shall be helddar "\n March on the fifth Monday after the fourth Monday in Alarch*"^ se,,temb*r. and September, and may continue one week. Sec. 2. Be it farther enacted, That all executions. Return tenn. writs, subpoenas, and process of every kind, made and returnable to the said circuit court at the time now provideu by law, shall be and the same are hereby made returnable to said court at the time prescribed by this act. Approved, January 2-4, 1801. 1861. 60 No. 62.] AN ACT To change the time of hohling the cliancery courts of the 4th and 5th districts of the- Southern Chancery Division. Sectiox 1. Be it enacted hy the Senate and House of Mepresentatives of the State of Alabama in General Asseinhli/ convened, That the spring terms, A. D. 1861, of the chancer}- court for the 4th district, shall be held on the 4th Monday in March ; and for the 5th district, on the second iVIonday in April, instead of at the times now prescribed by law. Return terms. Sec. 2. Be U further enactcd, That all process made returnable to the terms heretofore fixed by law, shall be considered returnable to the terms, and at the times mentioned in the first section of this act. Approved, February 8, 1861. N"o. 63.] AN ACT To regulate the time of the trial of state cases in the circuit court for the count^^ of Chambers. Sectiox 1. Be it enacted % the Senate and JToase of Representatives of the State of Alabama in General yisse/nbli/ convened, That section 8573 of the code of Alabama, be so amended as to strike out all after the words "one week" of the second line of said section, and insert in stat« docket t a- lieu thereof the following, to-wit : The witnesses must we"k."^ ""'^'^be summoned to attend on Monday of the third week, on which day the state docket must be taken up : Pro- vided, That this act shall only apply to the county of When this act Chambers ; and, Provided, further, Said act shall not take eft'ect until after the expiration of the spring term, A. D., 1861, of the circuit court for said county. Approved, January 31, 1861. 61 1861. IS^o. 64.] AN ACT To fix the compensation of bailiffs in the circuit courts of Pickens, Coosa and other counties. Skctiox 1. He it enacted by the Senate and Jlbuse of JRepresentatirrft of the Sf<(te of Atahavia iu Oene)'?S5 80 amended that the commissioners of pilotage of the ''"*= ''"'"'• bay and harbor of Mobile shall have power to grant a license to some person to act as a branch pilot for the waters running from Fort Stoddard, where the same leaves the Mobile river, to Mobile Point. Approved, February 8, 1861. No. 71.] AN ACT To amend "An act to prohibit the sale of intoxicating liquors within certain limits iu Limestone county." Section 1. Be it enacted by the Senate and House of Heprcsentatircs of the State of Alabama in General Assembly convened, That the act approved February 6, 1860, en- titled "An act to prohibit the sale of intoxicating liquors within certain limits in Limestone county," be, and the 1861. 64 same is hereby amended, by adding thereto the follow- ino^ section: Sec. 4. Be it farther enacted, That it shall oniggist not to not DC lawiul tor any pliysician or licensed druggist cer\ain''purpoBes"!'^''Gntioned ill the tirst section of this act, except for medicinal or sacramental use, to sell, exchange or bar- ter away for money, or other valuable consideration, any vinous, spirituous, or intoxicating liquors ; and if any physician or druggist shall violate the provisions of this section, he shall, on conviction, suffer the penalty prescribed in the first section of this act. Approved, February 1, 1861. No. 72.] AN ACT To prohibit the sale of Spirituous or Intoxicating Liquors, within one mile of Dublin, in Perry county, and Spring Hill Academy or Spring Hill Church, in Pickens county. Section 1. Be it evaded by the Senate and House of Representatives of the State of Alabama in General Assembly Bale prohibited eo^ircr;e(/. That irom and after the passage of this act, exc'i" f or^md i- i sluill uot be lawful for any person or persons to sell, cai or mecham- yj. QffgjifQp gale, spirituous or intoxlcatiug Hquoi's, ex- cal purposes. , . . ' i^ . o i , ' cept for medicinal or mechanical purposes, within one mile of Dublin, in Perry county,. or within one mile of Spring Hill academy or Spring Hill church, in Pickens county. Penalty. Sec. 2. Bc it farther enacted, That any person or per- sons so offending, shall be subject to indictment, and upon conviction thereof, shall be fined not less than fifty doMars for each and every such offence. Approved, January 20, 1861. 65 1861. No. 73.] AN" ACT To prevent the ?;alo of spintnouscr iiitoxicalino: liquors within three miles of Moore's Bi'i(lo;e l\)st OtHee, in tlie county of Tuscaloosa, and Dublin Academy, in Bibb county. Section 1. Be it cnack-d bij the Senate and House of Hepreseniatives of the State of Alabama in General Assembly convened, That from and after the passac^e of this act, saic prohibited it shall not be lawful lor any person or persons to sell, ^^■'""" """'""*• or oiler for sale, spirituous or intoxicating liquors, except for medicinal purposes, within three miles of Moore's Bridge Post Office, in precinct number three, in the count) of Tuscaloosa, aiui Dublin academ}^ in Bibb county. Sec. 2. And be it further enacted. That any person rcnaity. so otfenSiug, shall be subject to indictment, and upon conviction, shall be fined not less than the fine for re- tailing without a license in this state. ArpiiovEU, January 25, 18(31. No. 74.] AN ACT To prohibit any person or persons from giving awa^-, selling, or ottering for sale, any vinous or s[)irituous liquors, within three miles of Limeville Baptist church, in Shelby county, or within one mile of Hamburg, in Perry county. Skction 1. .Be it enacted by the. Senate ■and ITotif^e of Rrp- reseiitatiref: of the State of Ala bam rt in General A ssenibty convent That it shall not be lawful for any person or^.,i,. ,,roi.ii.itid persons to give, sell, or offer for sale, au}^ vinous orJJ^i',[;^" ^'"■"" spintuons liquors witliin tlirce miles of l^imeville Bap- tist church, in the county of Shell)y, or within one mile of the centre of the village of llaml)urg, in the county of Perr}', except for medical and mechanical purposes. Sec. 2. And be it further enacted, That any person p^.nalty. or persons violating the provisions of the first section of this act shall be liable to indictment, and upon con- viction tiicrcof, shall be fined not less than fifty, nor 5 1861. 66 more than five limidred dollars, by the court trying the cause. Approved. February 8, 1861. No. 75.] AN ACT To prevent the sale of Spirituous Liquors within two miles of Spring Hill College, in the county of Mobile. Secttox 1. Be it enacted by the Senate and House of Rep- resentatives of the fSfate of Alah/nna in Gen^'val Assembl;/ Sale prohihitoA convened, Tliat from and after the passage of this act, it ^vithin two milts gi^g^ll ^^ unlawful for any person or persons to sell, vend, exchange or barter awa}^, or in any manner dispose of, or give away any spirituous, vinous or other intoxica- ting liquors ot any kind whatever, in any quantity, larjre or small, witliin the distance of two miles of Spring Hill College, in Mobile county. Violation a mis- Sec. 2. Be it further enacted. That if any person or demeanor — fine • ^ .'• ,■< • • /> j i • Vi i not less than persons so Violating tne provisions or this act, he or *^'"'" they so offending shall be guilty of a misdemeanor, and on conviction thereof, shall be fined in a sum not less than two hundred dollars for each offence, one half of the fine to go to the use of the informant, and the other half to the county treasury of Mobile county. License shall not Sec. 3. Bc it fiivther cnactcd, That it shall be unlaw- iiqfIuM**^!uij'in ful, after the passage of this act, for the court of pro- two miles of ti'e [^.^j^g yf gr^jj couutv of Mobil'e to ofraut any license to college. •"'•i fpc"*- ' X. V 1. itV tO'u'3 CTlVCn" ing and return of said arms as shall be required by the governor, provided said arms can be spared without de- triment to the state. Approved, February 8, 1861. No. 77.] AN ACT To change the lines between the counties of Shelby and Jefterson. Section 1. Be it enacted by the Senate and House of Hepresentatives of the State of Alabama i?i Geireral Asscjnbly C07ivem'd, That the line dividing the counties of Jeffer-noundary linc son and Shelby be so changed as to leave the Shades '*'""''''• mountains at the narrows; tlrence following the west branch of the Little Shades to or opposite the Dow Weir place, including said place in Jefferson count}'; thence to the head of Camp branch, and down said branch to the Columbiana road ; thence down said road to Mat- thew Tatton's, including him in said connty of Jeffer- son ; thence to Elias Glenn's, iticluding him in said county; thence west to the old line on the Shades mountain. Sec. 2. Beit further enacted. That "Wm. P. Hickman, ponimiMioiiers W m. b. Earnest, and J)aniel vvatkins, of JeiTerson, and Gains Acton andEl)cnezer Byrun, be appointed to run out and mark said line : Provided^ That the coutity of .yp^^.r^„„ p„„„,j. Jefferson shall pay said commissioners for running out*" p»y«"'pcn8C8. said line. Approved, February 8, 1861. 1861. 68 ' H^o. 78.] AX ACT To repeal an act approved December od, 1857* Section 1. Be it enacted bj the Senate and House of Mepreseniatwes of the State of Alabama in General Assembly Act to iW^xnci convened, Tliat the act a{)proved December 3d, 1857, repeared/"""''^ entitled au act to lay oft" St. Clair county into commis- sioners* districts, and for other purposes, be and the same is hereb}^ repealed, so far as the said act relates to the county of St. Clair. Approved, January 21, 1801. Xo. 79.1 A1S< ACT To repeal an act therein named, relating to public roads in Marengo county. Section 1. Be it enacted hj the Senate and House of Representatives of the State of Alabama in General Assembly r>epcai8 the act convejicd, That the act entitled "An act to repeal and isGu.'''"^"'"^^ ^"'aiT^end the road laws so far as they are applicable to certain townships east of Tombeckbee river, and lying in Marengo county," approved February 10th, 1860, be and the same is hereby repealed, FoTmer road ^EC. 2. And be it further enacted, That the road laws .[Tf'force''''"'*'^ in force at the date of the act of the 10th February, 1860, and applicable to the several townships specilied in same act, be and the same are hereby revived and declared to be in force, as if said act of the 10th Feb- ruary, 1860, had not passed. AppiiovED, January 21, 18G1. No, 80.] AN ACT To repeal an act therein named, relating to Steam Mills in Jackson county. Section 1. Be it enacted by the Senate and House of Iie2yresentatives of the State of Alabama in General Assembly r.cpcaiof act otcoiivened, That an act entitled "An act to authorize the '^"^" owners of steam grist mills in the county of Jackson, 1 69 1861. to take the sixth as toll for grinding," approved Feb- ruary 18th, 1800, be and the same is hereby repealed. Approved, January 25, 1861. Ko. 81.] AN" ACT To repeal in part an act approved Februarj' 24th, 1860, to amend Section 499 of the Code, as far as Lauder- dale and Coosa counties are concerned. Skctiox 1. Be it enacted hy the Seriate cotd House of Mepresentatlres of the State of Alabi^ma in General Assembbj coiwoicd, That from and after the passage of this act, Proi.atejiui''"='s«"m"''*- each member of the court of county commissioners, in an act entitled an act to amend section 499 of the Code of Alabama, and approved February h, 1860, any law to the contrar}- notwithstanding. Approved, January 30, 1861. No. 82.] AN ACT "^ To amend an act for the preservation of game in the county of Sumter. Section 1. Be it enacted hy the Senate and House of Bepresentatives of the State of Alabama in General As.ten/biy convened. That the 1st section of an act entitled an act Proscrration <>f for the preservation of game in the county of Sumter, *^"'""' '" ^''*'"'''' approved January 2r)th, 1860, be and the same is hereby amended by inserting the word "Shelby" after the word "Sun»ter." Approved, January 25, 1861. 1861. 70 ITo. 83.] AN ACT To amend an act incorporating Clintonville Academy, in Cotfee county. Section 1. Be it enacted hy the Senate and House of Itepresentatives of the State of Alabama in General Assembly Three monihs convencd, That any trustee of said academy who shall t^e^ vlcau-s^Ms f^^l to attend the regular meetings of said board of trus- se:it. tees for three successive meetings, without satisfiictory cause shown to said board for such absence, said board of trustees shall declare the seat of such absent member vacant, and proceed to fill such vacancy by electing a new member. Approved, February 1, 1861. No. 84.] AN ACT To amend an act therein named. Section 1 . He it enacted by the Senate and Souse of Jiepnesentatives of the State of Alabama in General Assembly Persona of In- conveued, That an act for the relief of George Johnson miuedTo^Vrvi-iind Jamcs Johnson, children of Joseph A. Johnson and (ler"'^amenu"cil^"cy Johnson, approved February 2, 1850, be and is act.) hereb}^ so amended as to apply to all the chiklren of the said Joseph A. Johnson and his wife, Lucy Johnson. Appkoved, February 1, 1861. ]fo.. 85.] AN ACT To empower the Governor to appoint persons residing anywhere within the corporate limits of the city of Wetuniipka, to act as Notaries Public for tlie county of Coosa. Section 1. Be U enacted by the Senate and House of Represe^iiaikes of i/ic State of Alabama in General Assembly i>ersons }-esu\\ng convened, That after the passage of this act, the gover- urapkTm'ry^beiior be and is hereby empowered to appoint persons coosa°county'"'^^'®^^^^^'^to '^"y"^^'^^^^'^ ^'^'^^^^i'^ tiic corporatc limits of the city of Wetunipka,, to act as notaries public for th.e county of Coosa.. 71 1861. Sec. 2, Br U further enacted. That the persons so ap-'i'«g>ve bon.i to ,,,,.', , , 1 , • 1 c /^ probate judge of )intca shall give boiul to tlie probate judge or Coosa coosa. S] poii county, in tlic same amount as that now required of notaries public appointed under the general laws of the state. Sec. 3. Be it further enacted, That the said notaries usnai powers public, so appointed under this act, shall have the samc*"'"*^"''"*^'*" powers and in all respects be governed bjthe same law that now governs notaries public in this state. Approved, February G, 18G1. No. 86.] AN ACT To compensiite William S. Gray for apprehending a person therein named, charged with a felony. Section 1. Be it enacted by the Senate and House of Bepresentaticcs o/ the State of Alabama in (rcncrai Assembly convened, That the comptroller of public accounts be, Fortydouars al- and he is hereby required to draw his warrant on the'"" '^''" treasurer in favor of Wm. S. Gray for the sum of forty dollars, for arresting John C. Thompson, charged with the murder of David C. Warhurst, and summoning a guard and delivering the prisoner to the proper author- ities. Approved, Februar}- 1, 1861. No. 87.] AN ACT To authorize John Cocke, administrator of the estate of Wm. F. Cheney, deceased, to make complete pay- ment for certain lands therein named, and a patent to issue therefor. Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That it shall and may be lawful for John tiu- ndminiMm- Cocke, administrator of the estate of Wm. F. Cheney, p",j.n,"/nYfo"'"\Iy: late of Marengo county, deceased, to make complete '"'■» '»'"'«• payment of the purchase mono}' due from him, as ad- ministrator of said estate, for the north-east quarter, and all that fractional portion of the north-west quarter ly- 1861. 72 iug east of the Tombeekbee river, and the south-west quarter, and the south-east quarter of section sixteen, ot township seventeen, of range one, east, in. Marengo county, purchased by the said adniinistratoi? for the benefit of the estate of said William F. Cheney, under the authority of a decree of the probate court of Maren- on payment ©f go couuty ; and upou the payment by said administra- ueasurl" patent tor, into the statc treasury, of the full amount of his shall issue. notcs givcii ill the purchase of said lands, with interest due thereon up to the day of payment, a patent shall issue to the distributees of said estate, as ascertained and certified to by the judge of probate of Marengo county. Disposition of Sec. 2. Be it further enaded., That the proceeds of the proceeds of sale, ggj^, of Said lauds, whcii paid into the treasury, shall be invested or disposed of as now provided by law in re- gard to funds arising from sixteenth sectio». Approved, January 29, 1861. No. 88.] AN ACT To enable the guaixlian of Francis M. Brown to remove the guardianship of his said ward to Macon county. SECTioisr 1. Be it enacted hy the Senate and House of Representatkes of the State of Alabama in General Assembly Judge or probate convened, That the judge of probate of the county of ;'^',^*f^^f|°pjf7f Montgomery be and he'is Iiereby required to cause one acts Of guardian- copy to bc luadc aud duly certified, ot all the acts and ^"^'' doings of record in said county of Montgomery, respect- ing the guardianship of the estate of Francis M. Brown, a niinor, and deliver the same to Benjamin Thompson, who is the guardian of said ward. Probate jiidjre of Sec. 2. Bc it fiirthcr euactcd, That so soon as the said maurreTonfami exemplification shall be delivered over to the judge of to take jurisdic- p,,^,lj^^j.g Qt' the county of Macon, the same shall be re- HOD. X V /• X r corded by the said judge of probate of Macon county, in the proper books of his office, and it shall be full au- thority for the said judge of probate of Macon county to proceed with the business of the guardianship of said estate in all matters as if the guardianship had com- menced in his court. 73 1861. Sec. 3. Be it further enacted., That from and after cioso of fruani- saicl exemplification is filed and recorded in Macon g'llmci.'y.'"'^""'" county, as aforesaid, tlie guardianship shall close and determine at the said county of jMontgomery : Provided, abc(i>/s, That all expenses that now are or may be due ah expenses in in the county of Montgomery, connected with 'the said bL^'S""* ''' guardianship, shall be paid by the said guardian on receiving said exemplification from the said judge of probate of Montgomerj' county: Provided, That before this act shall become operative, the sureties of said^s^pnt of sure- r iiijii- ti it: c 1 r • ^ ties required. guardian shall file m the onices or each or said coun- ties their assent in writing to the provisions of this act, and to the removal of said guardianship, or the said guardian shall give a new guardian's bond, to be ap- proved by judge of Macon county." Approved, February 8, 1861. No. 89.] AN ACT To nuthorize a removal of the Administration of the estate of Thomas J. AValker, deceased. Section 1. Be it enacted b>/ the Senate and House of Representatives of the State of Alabama in General AsscmlJbi convemd. That John M. McClanahan, as the ju n r i ^ \ r i i 11 by election. Coosa ou the first Monday of March next, by the legal- ly qualified electors of said county, for the pni'pose of deciding whether they are in favor of issuing the bonds _,, ,. , , hereinafter mentioned. Said election shall be governed Election to be . • r- • 1 conducted as m all rcspccts by the laws now in force governing the sheriff,'&c. ^"^ election of sheriffs, clerks, &c., and those in fiivor of issuing the bonds shall deposit a vote, on which shall be written, or printed, "In favor of issuing bonds," and those opposed, "Opposed to issuing bonds," If tbe issue is Sec. 2. Bc it furthcr enacted, That in the event said mi'^i'oiu^t' may election sliould result in favor of issuing said bonds, the issue bonds not ^.o,-y^|^^jggiQi^ej.g' court of Said county may issue the bonds amount $50,000. of tlic Said couuty for such amount as they may think best for the interest of the county, not to exceed fifty thousand dollars, having not more than five years to Coupons. run, with the proper coupons attached, for the payment of the interest thereon, at eight per centum per annum, at the office of the county treasurer of said county, at the end of each year from the time of the sale of said Coupons receiv- bonds, respcctivcly ; and the coupons shall be received of^co\mtyTu'e"!i''i P'^yJ^i en t of county dues, and shall be numbered to correspond with their respective bonds. 77 1861, BeC. 3. ]ie a farther enacted, That said commission- ?ii>-ciai tax to ers' court sliall lay a tax at the same term of the court mee't bonV &c! at which tlicy decide to issue bonds, for the special pur- pose of providing a fund to meet said bonds at their maturity; and said fund so raised shall be liable, first, to make good the amount of interest due on said bonds, at the end of each 3'car, by paying whatever amount the county has taken up in the payment of county dues, and to the holders of the coupons. Said bonds shall be numbered from No. 1 up to the last one issued, and may be in sucli sums as the said court shall think pro- r.onds to be for per, and the surplus, over and above what may be ^.^'.^^^j'''™*^,^^ *^'^. necessary to meet the 3'early interest on said bonds, f^<^'- may be put at interest with any person or ptersons res- ident in said county, who will give a note with at least two good securities, for such time as said court may think [ii'oper, not inconsistent with the objects of this act; and the court aforesaid shall provide, in the body of said bonds, for the right to call them in at any timej^.;',';;.'* .^''^y ^ll they think proper, b}' paying the principal and interest 'li^L-rction of the then due. Sec. 4. Be it further enacted, That the bonds issued r.on.is not to bo by said court, under the provisions of this act, may l)e ^;^'^^ -''^ '^"^^ "'*" sold b}' said court, at any sum the}' can get, not less than par, and the proceeds shall be used by said court in the mannerhereinafter provided, and in no other man- ner; and the money arisins; from the sale of them shall Money to be paid T . , . , "^ ~ > 1 1 11 1 '" county trcas- be })aid into the county treasurers hands, and lieandurer. his securities on his official bond shall be responsible for the safe-keeping and pa^-ment of the same. Sec. 5. Beit farther enacted. That said commission- Trustees to be , 111-1 -11 • 1 appointed in ers court shall appoint three suitable persons in each ciicii beat, to beat, to act as trustees, whose duty it shall be to loan w"ir"rhead8 puch portion of the proceeds of said bonds as said court "'^ lamiues. may allot to each beat, to each liead of a family, who will give note and two good securities, in sums not to exceed one hundred dollars, having not longer than the first day of January, 18t)2, to run : Provided, The person ap|)lying for said loan shall first satisfy said trustees that said loMii is necessary to enable him or her to purchase provisions, to carry on his or her business for the year IbGl. ' Sec. 6. Be it further enacted. That the trustees afore- Money lo be do. said shall be required toinvestigatc the condition of any genVpef»onr.' indigent people in their respective beats, and report the 1861. 78 same to the commissioners' court of said connt}^; and thereupon said court shall award to such indigent per- sons, out of any money not otherwise appropriated, in the county treasury, or any money realized l3y the sale of the bonds aforesaid, such sums as, in their judgment, may be necessary for his or her support, until the first Compensation of day of September, 1861 ; and said trustee shall be enti- tled to such compensation for their services, under this act, as said court may think proper to allow them. No property ex- Sec. 7. Bc it farther enacted. That the person for crnpt irom sale , ii/-> i-tt under this act. whom, or whosc benefit, any money is obtained under this act, shall be the first signer of the note, and all his or her property shall be liable for the payment of said note, without any exemption under the homestead law, or Notes payable to poor debtors law, of this state, and the notes shall be -hi" dui'y tr^i- niade payable to the person who is county treasurer of leet them. Coosa couuty for the time being, and to his successors in office, and shall be collected by him as soon as prac- ticable after the same falls due, and the proceeds paid into the county treasuiy, and applied to the payment of said bonds and interest, as soon as collected, fo"kfri«or^d^ol Sec. 8. Be it further enacted, That the judge of pro- bonds issued and bate for said county of Coosa, shall keep a complete notes taken. j-ecord of the bouds issued under this act, showing the amount of each, and to whom sold ; the notes taken on account of moneys loaned under this act, showing the names of the makers, dates, and amounts; and he shall also keep a full and complete record in said book of all that is done under the provisions of this act, by said commissioners' court. Approved, February 8, 1861. E"o. 94.] KE ACT To authorize the Commissioners' Court of the Counties of Bibb and Perry to provide relief in certain cases. Section 1. Be it enacted by the Senate and House of Rejwesentatives of the State of Alabama in General Assembly Commissioners' convencd. That until the first day of September next, court to purchase I , »raunilin. payable semi-annually, for which coupons shall be issued, signed and attested, as aforesaid, which bonds shall ma- Maturity of ture at a period or periods of time not exceeding three ^"'"'^"""""'°^ 3'ears from date, and shall be sold under the direction •of said court, on such terms as they in their discretion may deem best. bEC. 3. Be it further enacted, That said courts of special tax-not . . "^ , ' . , . .to exceed state county commissioners may levy m their respective tax. counties, such taxes as they may deem proper, not ex- ceeding the amount of the state tax, to raise revenues to pay oif said bonds and coupons, and the said bonds and coupons shall be a lien on the taxes levied for such purpose, and all other county purposes, and on all county property, until the same are paid olf and discharged. Sec. 4. Beit farther enacted. That to secure to per- ^f'^'ie ^J J'^i"')- ,.,1,1 ,, 1 n . r' ^ • • T i i '"'"" ft)"*! '"'* sons entitled thereto the beneiits of this act, it shall i>roviwt>n«. be the duty of said courts to appoint as many respecta- ble citizens of the several counties as may be necessary, Avho, without pccuniaiy reward, shall diligently inquire into the condition of the destitute in their said counties, and from time to time report, in such manner as said courts may direct, the result of their investigations, and said courts shall furnish such relief in food and pro- visions as they may deem proper, and shall appoint all necessary agents to make the purchases above provided for, and to carry into full and complete effect the true intent and meaning of this act. Sec. 5. And be it farther enacted. That the commis- commissioners sioners of said courts shall be the judges of the neces-<°f m.i-Ji»siiy^f.f sity and propriety of granting relief in all cases under |[[,7pr"fvi/e 'for the provisions of this act; and they may order the '■«P''>''"«°'- repayment of the moneys expended by them in all cases they may deem proper, and provide therefor by taking 1861. 80 note or notes, with or without security, payable totheif respective counties, at such times as they may direct ; and said notes shall be the' property of their several counties, and collectable by suit in their names betoro any court haying jurisdiction. Approved February 9, 1861. No. 95.] AN ACT To aid the Alabama and Florida Railroad Company. Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly ^loTteetMo 1 ,?an co?2rc?uj(5?, That the governor of the state of Alabama is the roa.i $30,000. i^ei^e by authorized to loan to the Alabama and Florida Railroad Company tije sum of thirt}' thousand dollars: M^S'tory*fote P'^ofidcd, That Said company shall, before receiving said ^th 8 percent, nione^', execute their note, with satisfactory personal security, for the return of the same ; said note to be made payable three years after date, bearing eight per cent, interest, the interest to be paid annually : And Company uni\er vroV'ided further. That said company shall execute an. obligation to^ii... "^s ,,. ^. , ,*^ '^ . -, ■. . compieteroad by additional oDligatiouto compIcte said road, so as to ist June next, i^.^vc the samc in running order between Montgomery and the Florida line, by the first day of June, eighteen hundred and sixty-one, said obligation to be condi- V tioned to return the money to the state, if said road is not completed by the time specified. Appuoved, February 8, 1861. No. 960 ^^ ACT To postpone the lien of the State of Alabama on the Tennessee and Coosa Railroad. Section 1. Be it enacted by the Senate and House of Bcprescniaiivcs of tJie State of Alabama in Genend Asscndjiy Written absent (.o,^yg,;(,(7 That whcncver the Tennessee and Coosa Rail- of securities and •> r^ i i i / i • • execution of a road Comoauy, aud each and every one oi the securities mortgage by llie iiii/>'T i i coinijany, nLces-upon tlic bouds 01 Said couipauy, now made or here'- ti'le^ bl"nctits"of 'i-^ter to bc made, according to the provisions of the act tills act. of the general assembly of the state of Alabama ap-' 81 18C.1. proved February 17, 1854, entitled "An act to aid the Tennessee and Coosa Railroad Company," shall file with the comptroller of the state their written assent, in proper legal form, to the provisions of this act ; and w'henever, moreover, (2) the said Tennessee and Coosa Raih-oad Company execute, in proper legal form, a *" mortgage deed upon the iron rails, rolling stock, and equipment which the said company has or thereafter may have, and file the same with the comptroller of the state, it is hereby made the duty of the governor of the State of Alabama to notify said compau}^ that tlie lien in favor of the State of Alabama, on the said Tennessee and Coosa Railroad, created by virtue of the several mortgages given and to be given by the said company, in pursuance of the aforesaid act of the gen- eral assembly, approved Februar^^ 17, 1854, and also the lien of the state, created by the mortirac-e of the'/''" ^''j'^'^ *!' ' «i Co favor of bond- iron rails, rolling stock and equipments, as provided to I'ouers. be given in this act, are waived and postponed in flivor of the holders and purchasers of the bonds of said com- pany dated the first day of November, 18G0, for one thousand dollars each, and not exceeding four hundred in number: Procidal, That nothing in this act shall be company ana its so construed as to discharge or release said railroad or J.hai.'^eJ/'"°'f;|,'^" its rails, rolling stock and equipments from the lien of •'.'■•■'*''"'■ !'■?'''!'• ' O .^11^ tio8 except in fa- said mortgages, except in favor or the holders or pur-'^'Tof uoicicrsof 1 L- • \ ^ J. •• 111 certain bonds. ohasers oi said last mentioned bonds. Approved, February 2, 1861. No. 97.] AX ACT To confer upon the Intendent of tiietown of Rockford the powers of a Justice of the Peace. Section 1. Jie it enacted by the Senate and J louse of Ilcprcscntntlces of the State of Alabama in General Assanbly convcnrd, Tliat hereafter the intendent of the town off'>i"tiimf!« r 1. Be. it enacted by the Senate and Souse of Bejiresentatives of the State of Alabama in General Assembly The Jurors ^\- coiivened, That from and after the passage of this act, lar? each 'for that j uTors of coroucrs' inquests be, and they are hereby ceruirMses/" allowed for each verdict rendered in cases where the bodies of dead persons have to be disinterred, or in cases where said bodies have not been interred but which are in an advanced state of decomposition, the sum of live dollars each for every verdict so rendered. faw'^arother^^ ^^^' ^' ^'^ ^^ fuvther cnacfed, That the payment of rors. services rendered as specified in the first section of this act, be subject to and governed in all respects by the law now in force in relation to the payment of other jurors. Repeal clause. Sec. 3. Be it furtkcr cnactcd, That all laws and parts of laws militating against the provisions of this act be and the same are hereby repealed : Provided, This act shall only apply to Dale county. Approved, February 5, 1861. 83 1861. Xo. 100.] AN ACT To authorize John S. Moragne to erect a dam across Big Wills Creek. Section 1. Be it enacted by the Senate and House of Bcprcscntidivcs ol the State of Alabama in (rcncral Assembly convoied. That John S. Moragne, his heirs and assigns, Autimrizes a be and he is herebj* authorized to erect and continue fa'oTur'ing'pur- pernianently a dam across Big Wills creek at or near a''"***' place known as Oren M. Sanson's lish trap, in section thirty-four, (84) township eleven, (11) range five, (5) in ,4 DcKalb county,uow owned by the said John S. Moragne for the purpose of propelling such machinery as he may deem proper to establish tbereoti : Provided^ The said nam not to ex- dam shall not exceed six feet in height, and shall be height!'' '^^'^' '" used in good foith for the purpose of propelling such machinery. Approved, February 8, 1861. No. 101.] AN ACT To reinstate Section 496 of the Code of Alabama, so far as the same relates to Winston county. Section 1. Be it enacted by the Senate and House of liepreseutatives of the State of Alabama in General Assembly convened, That an act approved 2-3d day of February, aiiows tax roi- 1860, repealing section 41^6 of the Code of Alabama, ^.^ollenhnm^^^^^^^ so far as relates to the county of Winston, be and the'"''r'r*'''''''^"' - I T T 1 *^ I • , seal 01 pcivcrn- same 18 hereby repealed, and that said section 4U6 of""^"'-(SecCodc) the Code be and the same is hereby reinstated and made applicable to said county. Approved, February 5, 186i. No. 102.] AN ACT To prevent the destruction of fish in Tennessee river. Skctiov 1 . Be it ennotrd hy the Sfnate and Hunne of RepresodatircR of the tStatu '•<• shall not be lawful for any person to take fish by means orVJin*"'' "** 1861. 84^ of any seine or net in the Tennessee river, or in any tributary of the same, within one quarter of a mile of the point where such tributary empties into the said river. For violation, a Qec 2. Be it furthcT eiiacted. That any person viola- flnc of one bun- . , . . •' ,. i ^ . " K i 1 1 i dred dollars, ting the provisious ot the loregoing section shall be held guilty of a misdemeanor, and on conviction, shall be fined one hundred dollars for each violation: Provided^ Rights of people That uothiuji: herein contained shall be so consb'ued as of Lauderdale i^ . . _ . ^ _ - not affected bytoprcvcnt the citizcus ot Lautlei'dale county irom the exercise of all the privileges they now enjoy in taking fish ou the Lauderdale side of the Tennessee river, or in any of the tributaries of said river flowing through said county of Lauderdale. Approved, February 6, 1861. No. 103.} AN ACT To authorize the owners of Steam Grist Mills in the county of Sumter to take the sixth as toll for grinding. Section 1. Be it enacted hy the Senate and House of Mejn'esentatives of the State of Alabama in General Assembly One-sixth taken cOit; re?? ec/, That from and after the passage of this act, ''''""■ it shall be lawful for the owners of steam grist mills in the county of Sumter to take the sixth as toll for grind- ing. Liabilities same Sec. 2. Bc it further cjiacted, That the owner of any laV 'upo^n^other steam grist mill in said county taking the benefit of mills. -j-j^ig r^Q^^ shall be liable to all the pains and penalties imposed by law upon the owners of public grist mills in the State of Alabama. Approved, January 25, 1861. No. 104.] AN ACT To change the name of the "Andrew Jackson Guards," of Tallapoosa county. Section 1. Be it enacted hy the Senate and House of Be2-)resentatlves of the State of Alabama in General Assembly convened, That the name of the "Andrew Jackson Guards" 85 1861. of Tallapoosa county, be changed to that of the " Tal- changed to ;'Tai- lapoosa Rifle Company," and by that name may here- comiany."' *^ after sue and be sued, and do and perform all acts authorized under the act of incorporation, approved February 21st, 18G0, entitled An act to incorporate sundry volunteer companies. Approved, Februar}* 5, 1861. No. lOo.] AN ACT To compensate William Skinner and J. S. Clark. Skction 1. Be it enacted bif the Senate and House of Hcprcsentatives of the State of Alabama in General Assemble/ convened, That the comptroller be and he is hereb}' re- Pay for prosccut- quircd to draw his warrant upon the treasurer for two'"" 'i murderer, hundred dollars, in favor of William Skinner and James S. Clark, as a reasonable compensation to them for the prosecution of the murderer of Benj. Rollins to convic- tion and the penitentiary: Provided, That the said sum shall be paid out of the monc^'' escheated to the state of Alabama : ^Provided, That the parties named Parties to g.Te in this act shall first give bond, in the sum of two ""*' hundred dollars each, to be approved by the comptroller, conditioned to save the state harmless against the claims of heirs or distributees. Approved, February 8, 1861. No. 106.] AN ACT To establish a Medical Board in St. Clair County. Section 1. Pe it enacted bj/ the Senate and House of Representatives of the State of Alabama in General Assembly convened, That Doctors W. II. Benson. A. W. Nixon,„„. . ,„ mrTT 11 -Ti TT^T. -I /-A* ' Moml>ers of the 1. L. liaminond, JiCvi Lloyd, R. V rceman,and Q.Acton, ''"«'-'i- they and their associates and successors in office, are hereby constituted a board of physicians for the countv of St. Cliiir, to be known as the ist. Clair County Med- ical Board, and they or a majorit}" of them are author- omcaDi-powor. ized to elect such officer or officers as they may deem ^^^^^^'*^'^ necessary to a proper discharge of the duties of said 1861. 86 corporation; and a majority of said board shall consti- tute a c^uoruni, who shall have power to fill vacancies, caused by death, resignation or otherwise, or discharge any and all other business incumbent on said board as in law provided for. Time and place Sec. 2. Be it further enacted. That said board shall "' meet at Ashville, in said county, on the first Monday in April next, and at such other times as they may de- sire, having the power to regulate their meetings to suit their own convenience, and the president of said board shall have power to call extra meetings when necessary. Jurisdiction. Sec. 3. Be it farther enacted. That the jurisdiction of said medical board, in the exercise of its privileges and duties, shall extend over the county of ^t. Chiir, and license granted shall be good and valid in all parts of the state. Who shall be ai- 8ec. 4. Bc it further enacted, That no person shall be lowed to practice tt ■• , .. ^• • • • \ , allowed to practice medicine or surgery in said county unless he be licensed by said board, or unless such is at this time a practicing physician, or a graduate of some respectable college, or has a license troni some medical board in this state. Not to affect bot- Sec. 5. Bc it furthcr cnactcd, That nothing in this act dnica pijsicians g|^^|| ^^ ^^ coustrucd as to aftcct tliose who may practice the botanical system as now regulated by law. Appruved, January 20, 1861. No. 107.] AN ACT To authorize Talbot Adams and Andrew Lyon to con- struct Gates across the Vienna and Cooksvillc Road in Pickens county, and to amend Section 1177 of the Code. Section. 1. Be it enacted hy the Senate and House of Bepreseritatives of the State of Alabama in General Asscnibly ' convened, That Talbot Adams and Andrew Lyon, of Pickens county, be authorized to put up two gates across the public road leading from Vienna, Alabama, Gates to be kept to Cooksvillc, Mississippi: Provided^ Said gates shall in repair. aUvays bc kept in good repair, and be so constructed as to be easily opened. 87 1861. Skc. 2. Be it further enacted. That section eleven co.u- amomiod. Jiuiulred and seventy-seven (11"T) of the Code be amended b}' striking therefrom after the word 'Mand" in the second line thereof, the words "on any navigable stream, or stream declared hy law to be a public high- way." Approved, January 29, 1861. No. 108.] AN ACT The more eftectually to secure Subordination among Slaves in the County of Shelby. Section 1. JBe it enacted hij the Senate and, House of Rcpresenta.tires of the State of Alabama in General Assembb/ converted. That from and after the passage of this act, No slaves but , ,. , ,. 1 'i I 1 "j-i. 1 "'"' allowed to no number ol slaves exceeding one shall be permitted reside on any to live or reside on any lands, tenements, or plantation (J.^^^fpj'^lrJ','^^^^^^ * iu the county of Shelby, unless somefree white person, as owner, overseer, or agent, resides on the place with them. Sec. 2. JDc it further enacted. That an v owner of slaves one imndredtioi- vioiating tlie [trovisions or the first section ot this act, laUon. for three months consecutively, shall be liable to indict- ment, and upon conviction, shall be fined one hundred dollars, and all cost of suit, which fine shall be paid into the county treasury. Approved, January 30, 1861. No. 109.] AN ACT To compensate jurors upon Coroners' Inquests in the counties of Chambers, Russell, Montgomery and Au- tauga. Skctio.n 1. IJc it enacted hy the IScnate and Jfoust of Hcp- resentatires of tlie State li/ convened. That from and after the passage of this act, Aiio«id snmo , I • r 1 • i. P«>' »* jurors in jurors summoned upon coroners inquests, according to circuit court*, chapter 1, title 3, [tart 4, of the Code of Alabama, be allowed the same pa}', per diem, and per mileago, as jurors in the circuit court of the county where said in- quest is held. 1861. ♦ 88 Code amended. Sec. 2. Be it farther enacted, The compensation of said jurors shall be paid according to section 3483oftlie code of Alabama, except the word coroner shall be sub- stituted in the place of clerk, where the same occurs in said section : Provided, That this act shall apply only to the counties of Chambers, Russell, Montgomery and Autauga. Approved, January 30, 1861. ^o. 110.] AJSr ACT To increase the pay of Grand and Petit Jurors for the county of Dale. Section 1. Be it enacted hj the Senate and House of Bepreseniatives of the State of Alabama in General Assembly Allowed two doi- co^ii/e/icf/, That grand and petit jurors, in the county of lars perday, &c. j)ale, shall hereafter receive two dollars each per day, also the mileage and ferriage now allowed by law, all laws to the contrary notwithstanding. Approved, January 31, 1861. Ko. 111.] AN ACT To })a3' for the hire of servants for the General Assem- bly and the Convention. Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly Allowance for convcned, That the secretary of state be allowed the sum of one hundred and sixty-five dollars, to pay for servant hire for the present session of the general assembly and of the late convention of the people of Alabama; and that the comptroller of public accounts is hereby author- ized and required to draw his warrant on the state treas- urer for the above amount, in favor of the secretary of state. Approved, February 9, 1861. servant hire. 80 1861. No. 112.] AN" ACT To compensate White, Pfister & Co. for stationery. Section 1. Be it enacted by the Senate and House oj Hej^Tcsentatives of the State of Alabama in General Asscmbhj convened. That the comptroller of public accounts be seven hundre.i di'Ti -lii 1- i. i.1
  • llarsai)i)roi>ri- he 13 hereby required to draw his warrant upon thCatei. treasurer of the state, in behalf of White, Pfister & Co., for the sum of seven hundred dollars, for stationery. ArrROVED, February 9, 1861. K'o. 113.] AK ACT To pay W. B. k A. R. Bell & Co. an account. Section 1. Be it enacted hj the Senate and House of Itejnrsenfatives of the State of Alabama in Genercd Assenibb/ coneened, That the sum of six hundred sixty-eight and ixv for fuel, &c. 60-100 dollars be and is herebj' iipnropriated out of any money in the treasury, not otherwise appropriated, to pay W. B. & A. R. Bell k Co. the said sum, for arti- cles furnished for the capitol, and shall be drawn from the treasury on the order of the comptroller. ApriiovED, February 9, 1861. -^o. 114.] AN ACT To incorporate the Eufaula Marine and Fire Insurance Company. Section 1. Be it enacted h/ the Senate and House of Representatives of the State of Alabama in General Assembly covvened. That there shalTbe established in the city ofC'i'-actcrof u.o ,' .*'. cotupany — name. Eutaula a company for the purpose of transacting the business of marine, inland and general insurance, which company shall be known b}- the name of the "Eufaula Marine and Fire Insurance Company," and all sucli per- sons as shall be stockholders of said company, and their successors, shall and may have continual succession, and shall be capable in law of suing and being sued, plead- ug and being impleaded, answering and being answer- 1861. 90 ed unto,defeiiding and being defended, in all courts and places whatsoever, in all manner of actions, suits, com- plaints, matters aud cases whatsoever, and they and May have a seal, their successors may have a common seal, and may change and alter the same at pleasure ; an also, they and their successors, by the name an title of the "Eufaula Marine and Fire Insurance May hold and Company," shall be, in law, capable of purchasing, of'Js?ate!''n"ayl^^^tling aud couvcyiug all kinds of estate whatsoever, ^j.*c^"^°'^^°J.'-;*^ real and personal, for the use of said corporation, sub- dep'osits; borrow ject to the rcstrictious hereinafter named; and the said money and issue • i , i • i , t , , i c, bonds, &c. company is also authorized to discount notes, drafts, or bills of exchange, either foreign or domestic, and receive from any free person or persons deposits on trust, and to accept all such trusts as may be conlidcd to it; to borrow money and issue its bonds therefor; to invest its money or other property in anything and in any manner which it would be lawful for a citizen of this state to invest money ; and the said property or securi- ties to sell and transfer at pleasure, or it may loan its money or other property to any person or persons, on au}^ security which it may think proper; that the capi- Amount of cap- tal stock of Said Corporation shall be one hundred thous- la soc. ^j^j dollars, with the privilege of increasing the sum to three hundred thousand dollars, whenever the board of Shares one hun-dii-ectors dcem it expedient, divided into shares of one hundred dollars each, ten dollars on each share to be paid at the time ot subscribing, and the remainder in such instalments as the directors ma}^ appoint : Provid- cd,howeoer, That the first boardof directors, to be chosen as hereinafter directed, shall, within one moirth after their appointment, take good and sufficient security for the payment of the said remaining amount of stock un- paid at the time of subscribing, as aforesaid, whenever it shall be deemed expedient to call for the same. May change se- ggc, 2. Be U further enacted. That it shall be lawful for the president and directors of said company-, or a majority of them, to alter and change the securities as aforesaid, from time to time, for securities of the same nature, as they may deem expedient. Opening books Sec. 3. Be U furtkcr enacted, That the subscriptions of subscription, gj^^l^ ^^ opened in the city of Eufaula, for the said shares, between the first of March and October next, and the first day thereafter, under the superin- tendance of Edward B. Young, E. D. Laney, L. F. 91 1861. Johnson, C. R. Woods, John W. Clark, James T. Kendall, Cohan Gardner, William T. Simi)son and G. L. Allen, or any three of them, which said suhscrip- tion sliall continue 0[)cn until fifty thousand dollars he suhscrihed, hut no share or shares shall entitle the holder to vote at any election unless the same shall have heen held bona Jide by him, or her, at least fifteen days next immediately before such election. Sec. 4. Be it further enacted, That there shall be '''''^'™ :"!:'''="'"= 1 T 1 1 1 n 1 1 1 1 ■ ,,, r. tfrmol office, Ac. chosen seven directors, who shall hold their olhce for one year, and until their successors shall have been duly ' qualified, which directors, at the time of their election, and during their continuance in office, shall be liolders in their own right of at least ten shares, and shall be elected annually after' the first election, at the oftice of Directors elected the said company, or any other convenient place in tho""""""-^'" city of Euiaula, and at such time of day as the president of the company shall appoint, of which election notice Nouee of eicc- shall be given in a newspaper published in the city ^f """' ''°^b'^«°- Eufaula, or by notice to the stockholders respectively in writing, at least five days next before said election, and said election shall be by ballot, and in person or by proxy, and each stockholder shall be entitled, for every Eaou share enti- share, to one vote; that if no election takes place on '''"'' ^"""^^■*"^- any such day, the president may order the same from time to time until the election beeiiected, provided the same be done witliin ninety days thereafter. Sec. 5. Be it farther enacted. That the directors of now first y the subscribing stockholders, b}' ballot, under the superintendence of the before-mentioned persons, or any three of them, and the persons then and there chosen shall be the first directors, and shall serve for one year, and until their successors shall Ije qualified ; that tiiey shall meet as 1861. 92 soon as convenient after their election, and choose out The i.rcsiJent. of their own botly a president, who shall serve until another board, by election, be qualified, and in case ot vacancy, the directors shall choose another of their own body in the like manner, and in case of vacancy in the board, the remaining members shall have power to till the same. Sake by'iaw^ ^^^' ^- ^'^ '' f^o^thfr ciiactcd, That the directors, rules and reg- or a majority of them, sliall luivc powcr to make, pre- scribe and alter such by-laws, rules and regulations, as shall appear to them needful and proper for the man- agement and disposition of its stock, property, estate andeifects: Provided^ They shall not be repugnant to the constitution and laws of the state. General insur- gjjc^ J, ]^q h farther eii'tcted. That the president ancc powers. , .. •', t-ii f and two directors, or tliree directors in the absence oi the president, shall have full power and authority, on behalf of the corporation, to make general insurances on vessels, steamboats, keel and flat boats, or craft of every kind, buildings, freight, cotton, gin-houses, and all goods, wares and merchandise, and to flx premiums for the same ; also, to transact all such matters as ap- pertain to an insurance company ; and all policies by them made, subscribed to by the president, or two direct- ors, and countersigned by the secretary, shall be bind- ing and obligator}' upon the said corporation, in like manner and with like force as if under the seal of said corporation. Sec. 8. Be it farther enacted, That no insurance sliall be made until the securities provided for by this act Failure to give g]^ all havc bccu givcu, and if within fifty days after sub- aecunty forleils ... , i i i i in i ^ . ■• • t i payment. scnbiug aiiy stockholdcr shall neglect to furnisli such security for tlie stock remaining unpaid on each share, he or she shall forfeit his first ])ayment. Sec. 9. Be it farther enacted, That all contracts for the payment of money by the said corporation, shall be under the seal of the same, and shall be taken to ope- rate as specialities of law. Charter to con- Sec. 10. Bc it farther cnuctcd, That this act shall con- years, tinue and be in force for and during fifteen years from the day on which it shall be approved by the governor. Deposits not lia- Sec. 11. Bc it fuvihcr enttctcd, That this corporation company.'' ' "^ may receive deposits, which deposits shall not be liable for any debt of the corporation. Sec. 12. Be it farther enacted, That the capital stock 93 1861. and property of said company shall at all times bo lia--"=i"'k au.i pmp- ble to the same rate of taxation as the property of indi-IaxaiionV vidnals or like corporations in this state. Sec. 13. Be it fmihcr enacted, That all bonds, bills T.^'";'"y"'', 1 • 1 11 y n^ n y Ijoiulc, bills. &C. ana promissoiy notes, made payable at tlic oTrice of the Eufaula Insurance Company, shall have the same legal effect, and be subject to the same legal remedies, as if the same were made payable in or at a bank, or banks, of this state: Provided, That the General Assembly may, Restrictions, at any time hereafter, alter, modify, or repeal this char- ter: And provided further, That nothing contained in this act shall be construed as conferring upon said com- panj' banking powers or privileges : And jyrovided fur- ther, That no bank note or bill, issued or made by any bank created or established by the antliority of any of our sister states, or of any foreign country, sliall be paid out under any circumstances by the company created by this act, or by any of its officers or agents, under the penalty of forfeiture of the charter by this act created. Approved, February 9, 1861. No. 115.] AN ACT To incorporate the Eufaula Home Insurance Company. Section 1. Be it enacted b^i the Senate and House of Representatives of the State (f Aid >ama in General Assembly convened. That Edward B. Young, William T. Simpson, incorporator?. John W. Clark, Clayton 11. Woods, Charles D. Laney, John McNab, A. Stow, N. M. Hyatt, J. G. L. Martin, and their associates, be and the}' are hereby constituted a body corporate, under the name and style of " Thejfameor compa Eufaula Home Insurance Company," and by that nanic'^;>'^""'' "* i""*- shall be capable of suing and being sued in all the courts of this State; of j>urchasiiig, holding and con- veying property of all descriptions ; of making and using a common seal, and generally of doing any act necessary to carry into efl'cct the objects of the corpor- ation, not inconsistent with the laws and constitution of this state. Sec. 2. Be it farther enacted. That the capital stock of.'*»"''"t"^"f'■ this corporation shall be not less than titty tliousand nnrhundre-idoi- dollars, nor more than two hundred thousand dollars, "'*' to be divided into shares of one hundred dollars each, 18G1. 94 opening eub ccriptione. Payment!*. and tliG Same to be paid in the manner following : Ten dollars on each share at the time of snbscribing, and the residne when the president and directors of the corporation may direct; the said stock shall be deemed and held as personal property-, and if any stockholder shall neglect and refuse to make the payments aa reqnircd, his stock may be sold by order of the ]n'C3i- dent and directois, and such stockholder shall be liable for the balance due by liim as stockholder to the cor- poration as it becomes due, and may be sued therefor in the circuit court of Barbour county. Sec. 3. Be it further enacted, That notice shall be ^^iven for two successive weeks bj' advertisement pub- lished in two of the newspapers of Barbour county, of the time and place, when and where, subscriptions will be received for stock in said company. Said subscrip- tion shall be opened under the inspection and control Superintendents, ^f Edward B. Young, Johu McNab and William T. Simpson ; the books shall be kept open for five days, and no person shall be allowed to subscribe for more than fifty shares in one day. If at the end of the five days more than two hundred thousand dollars have been subscribed, the subscriptions shall be scaled until the amount is reduced to that su^m. If less than fifty thousand dollars have been subscribed, the managers fihall give notice as in the first instance, and may keep the books open till the sum of fifty thousand dollars has been subscribed. Election of board g^c. 4. Bc it furtlicr enactciL That a board of directors of airectorn. . ^ r> i <» i i 1 1 to consist of five persons, each one of whom shall own stock to the amount of two thousand dollars, who shall hold their office for one year, shall be elected by ballot by the stockholders, voting in person or by proxy, after notice by advertisement for two successive weeks in two of the newspapers published in Barbour county, stating the time and place of holding the election. The notice herein provided shall be given, and the election shall be held under the superintendence of Edward B. Young, John McKab and William T. Simpson, or any two of them, and subsequent elections to be held under the direction of persons appointed by the board of directors. Each share enti- In the clectious, and in all meetings of the stockholders ued to one vole, ^.^j, the trausactiou of business, each stockholder shall be entitled to one vote for each share of the capital stock which he may hold. 96 . 1861. Sec. 5. Be it further enacted ^ That the board of dircc-Ti.epn'sident. tors shall have power to elect one of their number president of the oonipany, and to pass such by-laws as may be necessary for the government of the company. Sec. G. Be it further enacted, That llie said incor-T-pon whm in- poration shall have power and be authorized to make mmieT '""* general insurance upon horses, stables, gin-houses, cotton, corn and other produce; upon lives and health of botli white persons and slaves; upon live stock of every description ; upon vessels, boats, freights, money, ^oods, wares and merchandize and any other species of property, against loss in any manner by fire, dangers of the sea, rivers or otherwise, at such rates of premium as they may agree, and to transact all such matters as appertain to an insurance company. Sec. 7. Be it further enacted, Tliat this charter and cimner to hoi.i all the privileges and powers herein granted shall con- ^ ^ '^ ' tinue in force for the full term of ten years from the subscription of the stock; and that the propertv, funds r''"r'^>' »''.'', and business transactions of the company shall be sub-tomxaiicn. ject to the same rate of taxation imposed by law on the property and similar business transactions of other insurance companies chartered by the state. Sec. 8. Be it further enacted, That all jjublic laws now T-nw!.nMnner)i- in force, or which may hereafter be passed prohibiting banks,' "'^"'^° or regulating agencies for foreign banks, or in relation to tbe circulation of the issues of foreign banks or com- panies as money, shall operate upon and apply to the corpoi'ation hereby created; and that said insurance rmnpany Mmii company shall not act as the agent ot any bank or other "ff„V,Vni.anit"; company incorporated by or located in another state, •'"*" """"""'■'"' . ^ H ^11- f> 1 1 • • 1 • 1 money or uw; in carrying on the business ot banking m this state, and '•'H'" "motes or shall not borrow or obtain from any such bank orcom-Bn}'nian''ner'! pany, either directly or indirectly, any bank notes, money or credit, or jt.iy out the same in this state, or in anywise use the same in lending, or discounting notes or bills, or in dealing in exchange : And prorided farther. That nothing contained in this act shall bo construed |;|;;;{.l„^'J^^*;,'; as conferring upon said company banking powers or privileges: And provided farther. That no l>ank note orFnntier ri-»tric- bill issued or made by any bank created or established ''""*• by the authority of any of our sister states or of any foreign country shall be paid out under any circumstan- ces by the company created by this act, or by any of 1861. 96 its officers or agents under tlie penalty of forfeiture of the charter by tliis act created. statement of Sec. 9. Bc U fttrtkcr cmictciL Tliat the president or cornlitionof com- , r ' ^ iii lAri j.anytobe mmic secrctapy 01 saiQ coinpauy must on the second Monday auu imbiuhed. j^^ Jaiuuuy in ftacli year, make out, under oath, a state- ment of the condition of said company, showing the amount and character of its assets and also of its liabil- ities on the first day of January in the same year, and shall publish said statement so verified in some news- paper of general circulation published in the city of Eufaula, and upon failing to comply herewith, the char- ter of said company shall be and the same is hereby forfeited. Sec. 10. ^e ?Y ./?«'//icren«c/e(^, That the stockholders shall be liable and responsible for the amount of their stock and no more. Approved, February 8, 1801. T/iability of Etockholdere. No. 116.] AN ACT To incorporate the Woodville Insurance Company. Section 1. He it enacted by the Senate and House of Hep- resentatives of the State of Alalxdna in General Assonhly Incorporators, convfju'd, That Richard A. Solomon, "VVm. T. Robinson and William Wood, and such others as hereafter may become associated with them for that purpose, and their successors, are hereby declared and created a body poli- Name of compa. tic aud corporatc, by the name of the "Woodville In- nj-its powers, jjupancc Company" and by that name shall bc capable in law of suing and being sued, in any of the courts of law and equity in the state, as a natural person. They shall have power to purchase, hold and enjoy real and personal estate of any description whatever, and may dispose of the same at pleasure, and shall have power generally to do and perform any and every act necessary to be done to carry into effect the object of this charter not inconsistent w'ith the laws of this state, may have and use a common seal, and may alter the same. Amount of capi- Sec. 2. Bc U fuvthcr cnackd. That the capital of said paid.'"*"""^"''' corporation shall be fifty thousand dollars, and shall be divided into shares of one hundred dollars each, the same to be paid in the manner following: ten dollars 97 18(11. on each share at the time of suhscribiiig, and the lial- ance in such sums and at sucli times as the president and dircclors may determine ujion and recjuire, \Yliic'h capital stock may hereafter lie increased to any sum not exceeding one hundred thousand dolhirs, the same to be determined by a resolution of the president and directors. The said stock shall be deemed personal ptook decmci property, and if any stockholder shall and retuse tOeri"'""' '""^ make the payments as recpiiredof him by tlic president and directors, sucli stockholder shall be liable to bis or her unpaid stock, and may be sued for the same in the courts of Henry county whether such defaulting stock- holder resides in said county or not, and the said stock may, hy resolution of the president and directors, be- longingtosucli delinquent stockholder, be sold, in which event tJie portion previously paid in shall be forfeited to the corporation. Sec. 3. Be it further enaetecf. That the books of sub- "r<""'"g «'■•'point and remove at [deasure all officers and agents of said corporation, to fixthcirrom- pensation, prescribe their duties, and provide for taking of bonds of officers for the protection and -securitN- of said corporation; they shall have power to fill all vacan- cies which may occur in their own body of an unexpired term, shall appoint a president pro (ein. when the jtrcsi- dent is absent, and such appointments become neces- sary, and should the president be froMi the meeting of the board for two months witljout leave at any time, tlie board of directors shall have power to declare his office vacant, and may make a new election under such rules as they may see fit to adopt. 1861. 98 Elections: by Sec. 4. Bc U fiivihcv cnudcd, Tliat the directors shall be elected by the stockholders, and the president by the directors, from among their own numljer, and when elec- ted shall hold their otlice one year from the date of such election and until their successors are elected ; audit shall be the duty of the president and directors to call an annual meeting; of the stockholders to make such election, and in all meetings of the stockholders those holding a majority of the stock shall constitute a quorum, Kach share enti-mid ^..^^^.\^ stOckh(>lder shall be allowed one vote for each 1 ltd to a vote. , . i i i i i i i i i share ot stock he holds ; and the stock may be represen- ted either by the stockholder himself or by proxy, and the power to vote for an absent stockholder may be co'nferred by any written expression of such desire : Provided, That no one shall act as proxy wlio is not himself a stockholder. anct^'^iworr''" ^EC. 5. Bc U farther enacted, That the said corporation shall have power to make insurance upon steamboats, and all other river boats and boxes ; on all goods, wares and merchandise, slave, money and other property, against all marine or river risks; and upon liouses, stores and other buildings, goods, wares and merchan- dise of every description, against fires, and to fix a pre- mium thereon, and may make insurance upon the same. Transferor Sec. 6. Be U further cimcted, That the president and stock. -. /• • 1 • 1111 i- 1 directors ot said coporation shall have power to fix the mode of the transfer of the certificates of stock, as well as the time, mode and place of the payment of interest and dividend, and a majority of the board of directors shall constitute a quorum. The said corporation shall j-aMs, -c. jjave power to pass all such by-laws, rules and regula- tions as may be necessary and proper to carry into efi'ect the provisions of this charter and to carry on the busi- ness of said corporation, provided the same are con- sistent with the provisions of this charter and with the laws and constitution of this state ; and the said corpor- ation shall have power to make all such contracts and bargains by the president and directors or by such agent as they may appoint, as may seem to them most for the interest of said corporation. General powers; Sec. 7. Bc U further eiiacfcd, Tliat tlic president and may appoint j- , i i ,• i i n /»» agents, borrow Qircctors may by resolution or by-laws create all oincers ?!?s"niwts,''&c.'""^i^tl agents of said corporation, not herein specially provided for, and may prescribe their duties; they shall 90 1861. have power to prescribe an oath which each officer shall take and subscribe ; lives of persons, fixirig a rate of insurance thereon ; to receive from a free person or persons or from any corporation deposits on trust, and to accept all such trusts oras^encies within the scope of its business as may be conlided to it. It shall have power to borrow money and issue its bonds therefor, to invest its money in anything and in any manner which would be lawful for a citizen to inv^est money or prop- erty in, and the said property and securities to sell and transfer at plea^^ure. It nuiy loan its money or property to an}' person or persons or corporation on any security it may think proper. The said corporation shall have power to purchase, discount and sell bills of exchange and promissory notes, to receive a!id deposit, and for collection promissory notes and bills of exchange, and may charge for such collections such per cent, as is usual in siiuilar chartered insurance ofhccs or private banking houses: Pror?V/(?^, That the said corporation shall not shaii not furnish make or issue any bills, bonds, notes or other securities .uum. to circulate in the community as money: And provided further. That said corporation shall be subject to the laws of this state against usury. Sec. 8. Be it further enacted, That the said corporation Liability of com- shall be liable to its creditors to the full extent of its j;;;;'^^;''* "'"<=»'■ property and assets, and the several stockholders shall be liable to the creditors of the corporation to the ex- tent of their stock subscribed and paid in. Sec. 9. Be it farther enacted. That this charter and chartpred for all the powers and privileges herein contained and '''■" >"'''*• granteoiraiify of notes or other securities, made payable in or at the office """"' of said corporation, shall be sul)ject to the same rules of law and to the same legal remedies as if payable in or at one of the chartered banks of this state : Provided, That the General Assembly may at any time hereafter, alter, modify,or repeal this charter: And provided further. That nothing contained in this act shall be construed as Re»irution^hed by the authority of any of our sister states or of any foreign country shall be paid out under any circumstances by 1861. 100 the compai)}- created by tliis act, or by any of its officers or agents, under the penalty of forfeiture of the charter by this act created. Approved. February 9, 1861. M No. 117.] AKACT To incorporate a Steam Fire Engine Company in Mobile. Section 1. Be it enacted by the Senate and House of Bepresenta tires of the State of Alabama in General Assembly Incorporators, conrened, That David P. K.eid, W. Barnewell, jr., A. J. Mullany, J. F. "Woodhull, J. St. J. Cummins, John O. Cummins, jr., T. T. Tyree, Thos. S. King and asso- ciates be and are hereby incorporated by the name and style of the " Exempt Steam Fire Company," of the cit}- of Mobile, and by that name and. style thc}^ are hereby authorized and empowered to sue and be sued, ty ;*'"'amoumi *° plead and be impleaded, to have, hold, occupy, pos- gene'rai powers! scss and cujoy goods and chattels, lands and tenements, of the value of fifty thousand dollars, to adopt a com- mon seal, and the same to alter and renew at pleasure, and to make such by-laws, rules and regulations, for tlie proper organization and good government of the said compan}', not inconsistent with the constitution and laws of the State of Alabama and tlie provisions of this act of incorporation, as they may deem pro])er. Numbcrofnum- Sec. 2. Bc it further enacted, That the said coni]iany ma}' consist of not more than one liundred members, who shall be admitted under such rules and regulations as said companj^ ^^^y adopt. ^^^^ea. j^ijc^ 3^ ^g it further enacted, That the said company shall be required to keep and maintain in order for use, two separate steam engines, with the apparatus belonging to the same, and the company and its mem- bers shall be subject only to the control and government of its officers, and shall do duty in first and second tire districts of the city, under such government and con- trol of its officers. Members exempt Sec. 4. Be it further enacted. That the members of from militki (111- .1 , .' , i • .i (• , ,- a j.\ ■ j. ty, road tax, Ac. the compauy designated in tlie iirst section ot this act, shall be exempt, and are hereby exempted from militia 101 1861. duty, road tax, performance of Jury duty, as grand and petit jurors, in the circuit or county courts of Mobile county, so long as they continue to perform the duties of firemen under this act, and that any member who shall have served iive consecutive years in the said " Exempt Steam Fire Company" of Mobile, without an intermission of over three mouths, or who shall have been disabled in the performance ot duty as such, shall be constituted an " exempt lireman," and as such en- titled to all the privileges and immunities of active members ot the company : Proinded, That no person shall be a member of said com[)any unless he shall be an exempt tireman at the time of his becoming such member. Sec. 5. JBe it farther enacted. That whenever the Negieci or .i.ay above company shall habitually neglect the performance "'''^'*^ *''*■''• of their duty as iiremcn, under this charter, or vit)late the provisions of this charter, it shall be the duty of the solicitor of the sixth judicial circuit to cause a scire facias to be issued, calling upon said company to show cause why their charter should not be declared forfeited, which writ shall be made returnable to the circuit court of Mobile county, and if the said company shall be found guilty of such habitual neglect, the said court shall declare their charter to be forfeited. Approveu, February f\ 18(31. Ko. 118.] AX ACT To incorporate the Mobile and Jacksonville Omnibus and Railroad Company. Section 1. Be it enacted 6// the Senate and House of Rrpresentaiircs of the State of Alahama in General Asscmbh/ coitvencd, That A. 11. KylUnd, E. B. Lott, C. F, Moulton, iDcorporaior*. Wm. Tanner, W. S. Paine, Charles Hauls and J. B. Mendcnhall, whose articles of association were filed in the probate court of Mobile county and recorded on 24tli of August, 1800, and such otlier persons as liavo since that time associated with them, and such as may hereafter associate with them for that [>ur|)ose, and their succesjiors, are hereby constituted a body jtolitic and corporate, by the name and style of the " Mobile >«ra; anj pow, and Jacksonville Omnibus and Uailroad Company,""^** 1861. 102 and said company shall liave continued succession, may sue and be sued, have a common seal, and is licreby vested with all the powers and privileges and immuni- ties which may bo necessary to eflect tlie purposes of this act, and to make all lawful contracts for the use and benefit of said corporation. Kouics of the gKc, 2. Be it further cvacted. That said company is hereby authorized to establisli and operate a lijie of om- nibuses in the city and county of Mobile, along the following route: starting at Royal street, and running west, by the West Ward Hotel, on the old St. Stephens road, to the intersection of the old St. Stephens and the Stone street roads, in Toulminville in Mobile count}' ; and said company- is also authorized and fully May construct a empowered, if they think proper so to do, within five horse railroad. ^ ,. A.^ ■ .• j. i i. • x • i i. years irom this time, to contract, maintain and operate a horse railroad, within said cit}' and county along said route, to the intersection of said two roads at Toulmin- ville; and also to make all lawful coi, tracts for the transportation of persons and property upoii said road, to make an}' lawful contract with any person or copora- tion about the business of said company, and also to makis joint stock with any other omnibus or railroad iiow niiiroad compaiiy: Provided, however, If said comjiany shall de- ^tnlcted! '""' terniine to build a railway in said city, they shall so lay the rails and track within the corporate limits of the city, as to conform to the grading of the streets re- quired by the city, and along such way from Royal street to the West Ward Hotel, as the corporate author- ities may pi-escribe, and witli such form of rail as the engineer of the cit}' may approve: And ]>rovidcd further, That they shall not lay any track or tracks on any street or road occupied by the Mobile and Spring Hill Rail- road Company, without the consent of said company. Capital ton thou- Sec. 3. Bc it further cnacted, That the capital stock of whuii 'may'^\e said company shall be ten thousand dollars, with the flnyXuarl!''''^'*pi''^''l^g® of iucrcasing the same to such amount as ma}' be necessary to carry into eifect the object and ])urposes of the company as indicated in this act, to be divided into shares of fifty dollars each, which shares may be transferred in such manner as the by-laws of the com- pany may direct, upon the books of the com])any. Knforccment of ^ec. 4. Bc it farther enacted. That the board of direc- naymont fur . y • i i ii i x ■ ii » stock. tors of said company shall have power to require Xha payment of sums subscribed by the stockholders in such 103 18C1. manner, and at such times as they may deem proper; and on failnre or refusal of any stockholder to pay any instalment of stock that may be due, then and in that case, the president and dirt-ctors may, in twenty days after demand made of said defaulting stockholder, pro- ceed to sell at public sale the shnre or shnres of stock owried by sucii stockholder, to tlie highest biihler, and it upon such sale said stock does not produce enough to pay said default, then the said company is authorized to commence proceedings in an}- court of competent ju- risdiction, to recover the pame by suit at law. Skc. 5. Br (I further cnarfed, Tliat the corporate au-r.iehi or way t<. thorities of the city of Mobile are authorized and aid in t^'^^*;!',;"'''''" shall at all tinies be liable to the same rates of taxation as the property of individuals of said county of Mobile, and shall be taxed in no other way. Sf,c, 0. Be /'(further enacted, That the stockholders of '"'"'•'•;'"•''""''"'■- said company shall annually elect three or more of their ft-n."^"' number, directors, and the said directors shall appoint out of their own number a president, and shall also appoint a secretary, who shall also be treasurer, who shall each hold their ofiices until their successors arc appointed and qualified. t5EC. 7. Be it further enacted, That said company isToi.oicjprcjicrix hereby authorized to purchase, receive and hold any such real and [jorsonal estate as ma\' be necessary and convenient for carrying into etiect the ol»ject ior which thirt incorporatiensation of its officers, ami the term of office of cacli one not regulated herein. Skc. 0. Be it ffirther enacted. That the nresidem of wnid ^'"•''^<"'" '" , ,,■, 1 11 /> 1 niako contract*. company shall have power to make all contracts for the taken made 1861. 10-4 company, except when tlie amount exceeds the sum of five huntlrcd doUars, in which case the same shall be authorized by a resolution of the board of directors, and not otherwise. Stock formerly Sec. 10. Bc U furthei' euacted. That the stock tal^en in said company under their organization, by virtue of tlie tiling and recording their articles of association in the probate court of Mobile county, on the 2-ith Au- gust, 1860, shall be continued and be valid, together wiih all other rights acquired by said comj)any as fully in every respect as if the same were done under tliis act. Sec. 11. Be it furthei' enacted, That all laws and parts of laws in conflict with the provisions of tliis act be and are hereby repealed. Apphoved, February 8, 1861. Xo. ll'J.] AISTACT To incorporate the l^orth Alabama Railroad Company. Section 1. Be it enacted hy the Senate and House of Representatives of the State of Alabama in General Assembly ineorporat.irs. coHve/icd, That Jaiiies J. Doiiegau, llobert Fearn, Eg- bert J. Jones, Isaac D. Wam, John W. Ledbetter, Davis Moore, M. P. Roberts, 0. D. Sledge, and George D. iS'orris, of Madison county, and James Lamar, James C. Scott and David Kicketts, of Marshall county, be and they are hereby appointed commissioners, any five of whom may act and do all business necessary to be done under this act, preparatory to the organization of the Name; ojiening "Xorth Alabama Railroad Company," and they shall 0[)en books of subscri[)tion for the ca[)itnl stock of said company, at such time and [daces, and with such no- tice, not less than thirty days, as they may think proper. Capital stock; ^ec. 2, Be it furthcr enacted. That the capital stock amount of sliares „.,., ,*' i c \ ii^i i ot said railroad company may be live hundred thousand dollars, in shares of twenty-tive dollars each, with the privilege of increasing the same to one million dollars, should such increase be found necessary for its construc- tion and future management. Route and con- Sec. 3. Be it further enacted. That said railroad shall extend Irom the place on the line between the state of Alabama and Tennessee, where the Tennessee part of the 105 1861. AYinchester and Alabama Railroad may strike the said lino, thence by or near the village of New Market, and intersecting the Memphis and Charleston Railroad at or near the city of Iluntsville and continuing to said city, thence in the direction of the Tennessee river, upon the route surve3-ed in the yoav 1860, under the superintend- ence of John F. Steele, by or m the neighborhood of the village of Vienna, or such other route as may be deemed best by the president and directors of said rail- road, to the most practicable point on said river for connecting with the Tennessee and Coosa Railroad. Siic. 4. Be it further enacted, That as soon as fifty ^nu>n the oom- thonsand dollars shall have been subscribed t) the cap-^'!|";z<'^i'J'i,'jpow. ital stock of said company, the subscribers of said stock, "\,g*"^ p"^'' their successors and assigns, shall be and they are hereby declared to be incorporated into a company, by the name of the "North Alabama Jiailroad Company," and by that name shall be capable in law of purchasing, holding, leasing, sellinof and conveying real, personal ami mixed proi)eity, so far as shall be necessary for tiie purposes of this incorporation, and by said incorporated name may sue and be sued, plead and be impleaded, answer and be answered unto, in any court of law or equity in this state or elsewhere, and to liave a^id use a common seal, and the same to alter or amend at pleas- ure, to pass such by-laws, rules and ordinances for the good government of said corporation as to them may seem proper, and generally do all things necessary to carry into effect fully and completely the objects of this act. Siic. 5. Be it further enacted, That as soon as fiftj' Meeting or «ui)- thonsiind dollars shall have been subscribed the com-of oinocrg, &c. missioners liereby appointed shall call a general meet- ing of the subscribers, at such time and place as they may appoint, and at such meeting the said subscribers, or a mnjority of them in value, shall elect one i)rosidcnt and eight directors, by ballot, to manage th trjers. ^^^j^ ^^^^ shall take the following oath, which oath the sheriff is hereby authorized to administer: "You and each of you do swear (or affirm as tlie case may be) that you will well and truly try the case now pending and submitted to your decision, between- A. ]3., com[)lain- ants, and the president and directoi^e of the North Ala- • baraa liailroad Company, defendants ; and that you will take into consideration tlie advantages and value which the construction of the railroad may give to lands and other property, as well as the injury said lands or other property may sustain by its construction, through or near which it may be constructed, so help you God." Property con- gi^o. 12. Be it farther enacted, That the said lands or demned to enure , '' , , ' , • i. i to the company, other property, when so condemned or estimated as aforesaid, shall enure to and become the property of said company forever, upon the payment by said com- 109 1861. pnii_v of the anionnt assessed by said jury to tlie party claiming damages on account of the construction of said road through said lands, or for such other property : Procklcd, That said work shall in no \vise 1)0 delayed on account of the proceeditigs liad as aforesaid. 8kc. Vo. Be a fmi/ur oiacfed, That in case an}- person Mniicious .lam- shall wilfully injure or obstruct in any degree the said puniMmi" ' road or roads, he shall forfeit and pay to the said com- pany three times the amount of all damages they may sustain in consequence thereof, to be sued for and re- covered in the same manner as provided by law for in- dividuals in like cnses; and on complaint made to any magistrate within whoso jurisdiction such ofience shall be committed, it shall be the duty of such magistrate to bind the person or persons so offending with sufficient security for liis or lier good beliavior for a period of not less than one year, and such offender shall also be subject to indictment, and shall be sentenced, at the discretion of the court, to be imprisoned not less than three nor more than six months. Six. 14. Be U further enacted. That in the construe- ''"'•'■'"/"a'' ""' . r • 1 -1 J ii • 1 A. J T J. X • 1 lobe obstructed. tion ot said railroad the president and directors of said company shall not in any manner obstruct any public road now established, but shall provide convenient pas- sages to travel over said road. ISec. 15. JBe it farther enadcd, That paj'inents of tlieinwhatnubpcrip- subscription to the stock in said railroad may be madel,',")"' """^ ^"^ in the materials, labor, provisions, and all and everything necessary for the construction of said road which the board of directors, at their discretion, may deem ex])e- dient to accept. Skc. 10. Beit further enacted, That after the comple-Toiid. tion of said road, or any part thereof, the said president and directors may lay and collect tolls from all persons, pn^perty, merchandise, and other ctork. of said company shall not exceed tilty thousand doUars, to be divided into one thousand shares at lilty dollars per share. SiiC. 4. Be it further enacted^ That when the sum of a body ror).o- fifteen thousand dollars is subscribed to tlie capital ^"^^=.,^'^*'"'""''" stock of said company, the subscribers thereto shall be and they hereby are created a body corporate, iimlorthe name and st^ Ic of '*The North Alabama kSteamboat Company," and shall proceed to elect a board of direct- ors for said company, to consist of a president and four directors, at such time and place as the said commis- sioners or any three of them may appoint, and notice of said election shall be given in a newspajier published at Somcrville, Guntersville and Bcllefonte; and the board of directors 80 electee Soia/r >iinl Iflakc, and G. W. G;iy, the}' and their associate? and successors in office, be and they arc hereby constituted a body corporate and politic in deed and in law, bv the name and f^tvle of the *' Chu- 6 1861. 114 Powers and priv-lafin nee Academy," and by that name may sue and be ^*®**" sued, plead and be impleaded, answer and be answered unto, in all kinds of actions, both in law and equity; may receive donations, purchase property of all kinds, whether real, personal or mixed, for the sole use and benefit of the said institution, the same to hold, use or dispose of at pleasure, and have and use a common seal ; they shall further be empowered to make such rules, reg- ulations and by-laws for the good government of said institution as may be necessary, the same not being re- pugnant to the constitution of the State of Alabama or the laws thereof. Sale of liquors Sec. 2. Be U fuHhcr cJiacted, That from and after the prohibited! ""^passage of this act, it shall not be lawful for any person or persons to retail or vend any spirituous or intoxica- ting liquors within one mile or less of said Ohulafinnee Academy, except for medical purpose ; and any person or persons offending against the provisions of this sec- tion, shall be deemed guilty of a misdemeanor, and on conviction, upon indictment in the circuit court, shall be fined in a sum of not less than one nor more than three hundred dollars, at the discretion of the jury try- ing the same. !Sec. 3. Be it further enacted, That all laws and parts of lawsincontistent with this act, are hereby repealed. Approved, February 8, 1861. No. 124.] AN ACT To incorporate the Mechanics' Aid Association of Selma. Section 1. Be it enacted hy the Senate and House of jRepreseniatives of the State of Alabama in General Assembly convened, That John Weedon, llobert Hall, George F. Plant, William Beig, Iliram Granger, Thos. C. Pierce, Simeon Pierce, John Riggs, George R. Boyd, and such others as may be associated with them for that purpose and their successors, be and they are hereby created a Name and ix)w- bod}^ Corporate, by the name and style of the " Mechan- ics' Aid Association," of Selma, with power to sue and to be sued, in all the courts of this state, of purchasing 116 1 61. propert}' of all descriptions, to make and use a common seal ; and generally to do an}^ act necessary to carry into effect the objects of the corporation, not inconsis- tent with the constitution and laws of this state. Sec. 2. Be it further enacted, That the capital stock of^'"'"''' ^'?'',V*" - . •1111 1 1111 tlidiisand dollars; this corporation shall be ten tliousand dollars, to be sh.-.r,s one hun- divided into shares of one hundred dollars each, to be paid in manner following : Ten dollars on each share at the time of subscription, and the residue at such times and in such instalments as the directors of said corpor- ation may require, which capital stock may hereafter be increased to any sum not exceeding fifty thousand dollars; and if any stockholder shall refuse or neglect to make the payments as required, his stock may be sold by order of the directors at public sale in the city of Solma,upon ten days' notice in a newspaper published in said city, and such stockholder shall be liable for the balance due on his subscription after the sale of his stock, as it becomes due, and may be sued for the same before a justice of the peace in the city of Selma, or in the circuit court of Dallas county. Sec. 3. Be it further enacted, That books of subscrip-oppnincaf books tion for the capital stock of said corporation shall Ijq"'''"''"'^^'''!"'*'"- opened at any time within two years, at such place in the city of Selma as a majority of the persons named in the lirst section of this act may direct, advertisement of the time and place being first given tor ten days in one of the Selma newspapers, which books shall be kept open until the sum of ten thousand dollars shall be subscribed for; and the said persons or a majority of them shall call a meeting of the stockholders as soon as may be, after the said sum of ten thousand dollars shall be subscribed, who shall elect five directors to Election of di- ,, , • ,. .■, , . /. rectors and olB- managc the business or the corporation tor one year, wrs. or until their successors shall be chosen. The said direc- tors shall elect one of their number as president, and the said president and directors shall have power to elect a secretary and treasurer, who shall give such bond and security as the directors shall require, and receive such salary as they may agree upon, and shall be elected annually. Sec. 4. Be it further- enacted, That the object 8 and objects and du- dutics of said corporation shall be to receive on deposit for safe keeping the earnings of mechanics, working peo[»le and others, to give such depositors receipts or 1861. 116 other vouchers for said deposits : to pay to said depoS' itors interest on such terms and rates as may be agreed on with the depositors, or as may be provided for in the by-laws of the company in case of no agreement ; and to repay the principal to the several depositors on their call, order or check, or on the surrender of the receipts or vouchers : Provided^ That the said company shall not be compelled to receive a smaller deposit at one time than five dollars, nor to pay interest until the sum of twenty dollars shall have been deposited by any one person, or until it shall have been on deposit for thirty days. Security of de- Sec. 5. Be it further enactcd, ^Yinito QQcwve t\\Q (\q\ioq- poM ors. itors from loss by said company, the capital stock of said company and all property owned by it shall be subject to the debts and deposits of said company. Investment of ^'ec q. j^q f/ farther enacted, That the capital stock stock ; may deal r> • -, i. t. i. ii in exchange, &c, ot Said compauy may be invested m an}^ stock issued by the state, or in the stock of any of the banks chartered b}^ authority of the State of Alabama, or maybe loaned on pledges or unencumbered real estate, with bond and mortgage security; and that said corporation may deal in foreign and domestic exchange, lend its surplus funds on such securities as the directors may determine, and to discount and purchase notes and bills of exchange, and that it may acquire and hold real estate as a cor- poration, and erect buildings thereon for the use of the company^ not exceeding twenty thousand dollars in value, and such other real estate as may be acquired in the wa^^ of securing its debts or claims. Directors and of- Sec. 7. Bc it further encictcd, That the business of powers'"''^*'"'*^^^^^ company shall be managed by five directors, to be elected annually by the stockholders, one of whom shall act as president, and tiiat said directors shall have power to appoint a secretary and treasurer, and any other officers that may be required by said corporation; to fix the salaries of officers, and to require bonds of the officers for the faithful performances of their duties; and further, shall have power to make and adopt by-laws and regulations for the government of the compan3'-, for the management of its business, for the transfer of its stock, for the loan, collection and investment of its money; to do and perform all things that maybe neces- sary for the welfare of said corporation : Provided-, They 117 1861. shall have no power to do anything contrary to the hnvs and constitution of the State of Alabama. Sec. 8. Beit further enaeted. That the governor of Governor to ap- tnc state may appoint, biennially, three commissioners siouers. to examine into the condition of said corporation, its money, books and liabilities, and to report thereon under oath : and it shall be the duty of the president and directors of the company to afford said commission- ers every facility to enable them to make their exami- nation thorough and accurate, and shall also pay said commissioners each three dollars per day for their ser- vices in making said examination, not exceeding tbirty dollars each. Sec. 9. Be it further enacted. That it shall be the duty T" '""'^^ <=o"«'^- *" ^ lions of said company to receive for collection all promissory notes and bills of exchange, negotiable and payable at its otfice, or at any of the banks or exchange ofhces in the city of Selma, which may be lett at its ottice for that purpose, as much as ten days before their maturity, free of charge; and that all notes and bills of exchange negotiable and payable at the office of said corporation shall be governed in all tilings by the law merchant, except so far as the same is changed by the law of the state, and shall be entitled six days of grace; and pro- six days gran. vided that the rates of discount shall in no case exceed that established for the regulations of the Commercial Bank of Alabama, at Selma, in its charter. Sec. 10. And be it farther enacted. That James G. L. Martin, Edward B. Young, Eli S, Shorter, Clayton R. Woods, William H. Chambers and John McXab, and such others as may be associated with them for that purpose, and their successors, be and they are hereby created a body corporate, b}' the name and style of the " Eufaula Savinirs Association," and all the provisions I'ufauia Pavingi ,. ,, . ^ . '. i .1 AT 1 • . * • 1 A • Association. ot tins act in r(!tcrcnce to the Mechanics Aid Associa- tion arc extended to the said Eufaula Savings Associa- tion, except that the acts authorized or required to be done in the city of Selma shall be done in the city of Eufaula, and the suits provided for shall be brought bi'fore some justice of the peace in the said city of Eufaula, or in the circuit court of the county of Bar- bour; and the said association shall l>e autliorizcd at any time to increase their capital stock to fifty thousand dollars, upon the same conditions and restrictions. 1861. 118 seima Planters; Sec. 11. Bc U farther eiiactcd, That the foregoing inslir^ce''co"^*f''^'"'^^ii*56saiKl privileges herein granted the Mechanics' Aid Association, are extended and granted to the Plan- ters' and Merchants' Insurance Company, at Selma, and that said corporation is hereby authorized and empow- ered to avail itself of all of the provisions of this act, and may in addition to the insurance business carry on the business of a savings institution, according to the provisions of this act. Approved, February 8, 1861. No.- 125.] AN ACT To revive the act to incorporate the Alabama Direct Trade and Exchange Company, approved February 5th, 1852, and the supplemental act thereto, approved February 17th, 1854. Section 1. Be it enacted hy the Senate and House of Representatives of the State of Alabama in General Assembly convened, That Price Williams, O. Mazange, John J. Walker, Francis B. Clark, John II. Garner, James B. Gladney, Wm. S. Price and L. M. Wilson, be and they or an}'' three of them who may organize under this act, and their associates are hereby created a body corporate, with all the powers, privileges and immunities embraced in an actentitled "An act to incorporate the Alabama Direct Trade and Exchange Companies," approved February 5th, 1852, and " An act supplemental to an act to incorporate the Alabama Direct Trade and Exchange Company," approved February 17th, 1854. Approved, February 6, 1861. No. 126.] AN ACT To amend an act approved 25th February, 1860, incor- porating the Opelika Insurance Company, and for other purposes. Section 1. Be it enacted by the Senate and House of Bepresentatives of the State of Alabama in General Assembly convened,. That the time within which the books.of sub- 119 1861. ecription of the Opelika Insurance Company should Extension of have been opened, under the provisions of the act ofl|;;;*;**^*"''*"'P- incorporation, approved 25th day of February, 1860, be and the same is hereby extended until the first day of September, 1862 ; and tliat Natlianiol Sledji'e, Hous- ton L. Griffin, John Edwards, John Floyd, Andrew B. Griffin, jr., and Andrew 13. Griffin, sr., be added to the number ot superintendents thereof. Sec. 2. Be it further enacted, That all the rights, priv- Privileges ex- ileges and immunities conferred on theTuskogee Insu- rance Company, by an act approved the 10th day of January, 1856, be and they are hereby extended to and conferred upon the "Opelika Insurance Company," and thCv" Alabama Insurance and Exchange Company," at Tu^kegee, so tar as applicable. Sec. 3. Be it further enacted, That all laws and parts of laws contravening the provisions of this act, be and thev are hereby repealed. ^ Sec. 4. Be it further enacted, That the words and In^c^nl^^'.' figures 1861, in the 3d section of an act to incorporate the LaFayette Insurance Company, approved February 24th, 1860, be stricken out and the words 1862 be inser- ted in lieu thereof. And that the proviso in the fifth section of said act be amended, by striking out the words, "pay out or circulate the notes of foreign banks :" Provided, That the General Assembly may at any time hereafter alter, modifj- or repeal this charter : And pro- vided further. That nothing contained in this act shall K^^fictiona. be construed as conferring upon said companj' banking powers or privileges: And provided furthir, That no bank note or bill issued or made bj' any bank created or established by the authority^ of any of our sister 8tate8,or of an}' foreign country, shall be paid out under an}' circumstances by the company created by this act, or by any of its officers or agents, under the penalty of forfeiture of the charter by this act created. Approved, February 9, 1861. 1861. 120 No. 127.] AN ACT To revive and amend the Charter-and change the name of the South Ahibania Mining, Manufacturing and Transportation Compan}-. Section 1. Be it enacted by the Senate and House o/ Hcprcscniatkcs of tJte State of Alabama in General Assembly conceited, That the name of the South Ahibania Mining, jNIanufacturing and Transportation Company, chartered by an act approved the 18th day of February, 1854, be Kaine changed changed to that of the Shelby Coal Rail Road Conjpany, Kairroad" Com- and by that name shall be and hereby is revived and ^^''•'' invested with all the rights, powers, privileges and func- tions conferred by said act to as full and complete etfect, as if the said act were herein fully recited : Provided, howecer. That in lieu of the fourth section of said act, there shall be and hereby is substituted as follows: rjgbtsandpow-rji|-^^^ the said company shall have the right, by its ors conferred. . r ./ . , ^ / • ^ agents, engineers, surveyors and servants, to enter into and upon all lands, tenements and enclosures, to locate, establish and construct such rail roads as they may deem necessary for carrying on the business of transporting coal and other property and materials ; and they shall have the right to cross with their rail roads any estab- lished, or to be established rail roads or other roads, provided the passage of such rail or other roads shall not be impeded ; and may cause any roads or ways to be changed or altered if the}- shall deem it necessary in order that any rail road or rail roads of said company may be made on the best sites or routes for the pur- poses of said company ; and said company shall put said altered roads and ways in as good condition as at the time of altering or changing the same; and said May diarKfi tolls eompany may charge toll and freight, and transport for ireigi, ■''•jj-^,g property and persons, and are authorized to con- tract for and receive conveyances for rights of way and laud for the construction of said rail road ; and for dejjots, stations, side tracks, turnouts, yards, cuttings, embankments, buildings, structures, places of deposit for coal and other property, and for wastebanks, and for obtaining timber, lumber, stone, gravel, and other materials, such and so much laud as may be necessaiy or convenient for the construction, security and main- tenance of their said rail roads, and the prosecution and 121 1861. cnrrying on the business thereof; and in case the said company and owner or owners of tlie h\nd which may be required for the purposes herein mentioned, shall fail to agree on the price, or trom any other cause the said company should be unable to procure the right to the use of the same, the said company may cause said '^'s'>i "f. ■"py- lands to be condemned to their use in the manner pre- scribed in the fifth section of an act entitled "An act to amend the charter of the Alabama and Tennessee Rivers Rail Road," approved the 18th day of February, 1852; and the company, for the purpose of condeming said lands and rights of way, required as aforesaid, and of obtaining titles to the use ot the same, shall have and exercise all the powers, rights, privileges, and im- munities, and proceed in the same manner and form, mutnlis mutandis, and be subject to the same restrictions and limitations as arc granted to and are imposed upon the Alabama and Tennessee Rivers Rail Road, by the fiftli section of the act aforesaid : Provided, Jicverthclefs, That no rights of way for the tracks of any rail road to Extent to whirii be constructed under this act shall be condemned over(k"mn'^d? "^'^''" two hundred feet wide, nor over ten miles in length : And provided further. That the condemnation of lands Rights acquirci T ,1 • J. /-i 1 • • 1 "111 by condemnation under this act, (the money being paid as provided by said fifth section) shall vest in this company the rights of way, and all power over the lands so condemned that may be necessary for the full and complete use thereof for the purposes, objects, and business of the company during the existence of this corporation, but shall not divest the fee nor the reversion from the owner; and all damages to be assessed, shall be assessed accor- dingly. Siiu. 2. Be it further macied. That no appeal which Appeal not t.. 1 1 1 1 ■• ii'i iiivi "iii'lH'nd opera- may be takeu under the provisions oi the said titthtions. section of the act aforesaid, or any writ or other legal process taken or sued out, to jtrevent, or which may cause a delay in obtaining a final decision in regard to damages on the condemnation of hind fr»r the use of said company, shall have the effect of suspending the right of said company to proceed in the construction of their roads: Provided, Said company will give bond and security, to be approved by the judge of the probate court in the county in which the roads or greater part thereof nifiy be situated, ]>jiyable to the owner of the land if known, and if not, then to the sai[)al Church South," be and the same is hereby amended so as that the said corporation may receive and hold real and personal property to the value of one hundred and fifty thousand dollars, to be employed under the direction of the said trustees for the advance- ment of the interests of rcliij^ion and education and for charitable purposes, as provided for in said act of incor- poration. Approved, January 31, 1801. 1861. 126 ' " No. 13(3.] AN ACT To amend an act entitled "An act to incorporate the Mechanics' Aid Association, of Mobile," approved February 24th, 1860. Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly stockholder can. coriz;e??cfi?, That for the greater security of persons deal- "•wlnndcbted ing with said corporation, the stock thereof shall not to corporation, -be" transferable in any case where the stockholder is indebted, or liable as drawer, endorser, or acceptor of any note, bill, or other obligation held and owned by the corporation ; and such stock shall remain and be held, under the lien hereby created, until such indebt- edness or liability c>hall be fully paid or canceled. And if the same be not fully paid within thirty days after the maturity thereof, then it shall be lawful for said corporation to sell said stock: Provided, Thirty days' notice of such sale be given to the owner thereof; or the said corporation may itself retain said stock, by paying the excess over and above said indebtedness to the owner thereof. Division of Sec. 2. Be it further enacted, That the capital stock hMdred^dVa^rs of said corporatiou shall be divided into shares of one cStai°8*toTk.*'°^ hundred dollars each, and that said corporation shall have power from time to time to increase its capital stock to a sum not exceeding one hundred thousand dollars, by a vote of the trustees thereof; and they may prescribe the terms of payment of such increased stock, and the stockholders may themselves make up the amouut of such increased stock by a proportional as- sessment on their former stock; every such increase of stock shall be held, used, and employed for the same purposes and objects as the sum of ten thous'and dollars originally provided for. No pay to trus- Sec. 3. Bc it farther enacted, That no trustee shall be *®®^- entitled to any compensation for services as such trus- tee, but the president thereof shall receive such com- pensation as the board of trustees may direct. Charge for col- Sec. 4. Be it farther enacted. That for collecting lections. notes, drafts, and bills of exchange owned or held by non-residents, said corporation may charge such com- missions or per centage as is usual to be charged for such services by private banking houses in this state. 127 1861. Sec. 5. Be it farther enacted, That the proviso to the eleventh section of said act, approved Fchrnar}' 24th, 1860, he stricken out, and the following in lieu thereof he inserted, viz: That said corporation, in addition to [",15*!"°"' ^^ the investment heretofore authorized, may invest its funds in the capital stock of any bank or other institu- tion chartered by this state, and receive in trust or on May recdrc de- deposit all funds that may be ottered to it, whether on '"""'^' interest, current account, or otherwise: Provided, Said corporation shall not discount any bill of exchange, draft, or promissory note at a rate of interest exceeding eight per cent, per annum. Sec. 6. And be it further enacted, That all acts and parts of acts conflicting with the provisions of this act be and the same are hereby repealed. Approved, February 5, 1861. iS^o. 137.] AN ACT To amend the Charter of the City of Montgomery. Section 1. Be it enacted bj the Senate and House of Representatives of the State of Alabama in Genercd Assembly convened, That from and after the passage of this act an Appeal from appeal may be had to the first circuit or county court Cly^rTo^c^rcuu of Montgomery county to be held, upon all judgments ""^"""'J'™"^'' rendered by the mayor and aldermen of the city of Montgomery, and upon the same terms and conditions as is prescribed b}'^ law in cases of appeal fro!n the de- cisions of justices of the peace, and shall be tried at the first term unless a continuance is allow'cd to cither party: Provided, That in such cases of ap[»eal there shall be no ai>peal from the county to the circuit court. Appuuved, February 1, 1861. »Ko. 138.] AN ACT To amend the Charter of the incorporation of the town of 0[>elika. Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly 1861. 128 Convened, That in addition to the powers, antliorit}' and privileges granted to the intendent of the town of Ope- lika in the Code, provision for the incorporation of towns, &c., is hereb}' invested with the following: The intemicnt mny j,j|;gii(]e,j^; j^^g f^^]} power to punish for contempt in the punish contempts 1 i t i • and niuy tine and same manner and under the same rules and regulations ^nrprison o '^"'" p^gg^j-i^^gj jjy ^j^g Code of Alabama in reference to the punishment for contempt of justices of the peace. He has full powers to try all oftences against the ordinances and by-laws of the corporation without regard to the amount of the fine or forfeiture, and to punish the offender both by fine and imprisonment in the manner that may be prescribed by said ordinances- and by-laws. St?nded%'nro'^' SECTION 2. Be U further enavtcd, That the present Macon county, jjouiulary, uow a circle, be changed to a square, em« bracing the following sections, as follows, to wit : To embrace in the county of Russell, sections seven and eighteen, and the west halves of sections eight and peventeen in township nineteen, range twenty-seven, a)id the east halves of sections twelve and thirteen in township nineteen, range twenty-six, in Macon county, all in the State of Alabama; and that all persons included by this extension into Macon county, and within the said corporate limits, be subject to all the conditions, liabilities and penalties imposed by the laws and ordi- nances of said corporate authorities and entitled to all the privileges therein granted. Ai'l'ROVEi>, February 8, 18G1. No. 139.] AK ACT For the relief of Lucretia Davidson. Section 1. Be it enacted b)/ the Senate and House of Hepresentaikes of the State of Alabama in General Assembly concened, That the register of the chancery court of Montgomery county, or the chancellor of the southern chancery division, is hereby authorized to appoint Change of tnis- Alexander F. Given trustee for Lucretia Davidson, either with or without bond, as she may elect, instead of James Davidson, upon his filing his resignation of his trust with said register; and, as soon as such ap- pointment is made, the trusteeship and trust property 129 1861. of said Lucretia shall be removed from the jurisdiction of the chancery court of Coosa or Autauga counties and become subject to the jurisdiction of the chancery- court of Montgomery county. Approved, February 6, 1861. No. 140.] AN ACT For the relief of the late Sheriff of Tuscaloosa County. Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the sum of four hundred and nineteen dollars and ninety cents be and the same is hereby appropriated to Ezekiel Anders, jr., late Sheriff of Tuscaloosa county, in payment of his accounts for boarding sundry prisoners as therein stated. Section 2. Be it farther enacted, That the comp- troller draw his warrant on the treasurer for the same sum, to be paid out of any money not otherwise appropriated. Approved, January 29, 1861. No. 141.] AN ACT For the relief of the children of Gabriel Wharton Long. Section 1. Be it enacted hy the Senate and House of Representatives of the State of Alabama in General Assembly convened, That Henry Clay Long, John Pytchlin Long Keiievcs from and Albert Gallatin Long are hereby relieved of all thejl;,';^^;,";,'^';,'; ^f;, penalties and disabilities contained in sections 2276j'""» "f ^'s*^'' and 2277 of the code of Alabama, and that they may do and perform all things from which they are excluded in said sections, the same as if they had been born free white persons. Approved, February 2, 1861. 9 1861. 130 Ko. 142.] AN ACT For the relief of "W. D. Ferryman, Sheriff of the county of Butler. Section 1. Be it enacted by the Senate and House o/ Representatives of the State of Alabama in General Assembly convened, That the comptroller of public accounts be authorized to draw his warrant on the state treasurer in favor of W. D. Ferryman, sheriff of Butler county, for the sura of two hundred and three dollars for expenses in apprehending Andrew Sims, Griffin Hol- loway and John Odum, fugitives from justice, to be paid out of any money in the treasury not otherwise appropriated. Approved, February 9, 1861. No. 143.] AN ACT For the relief of Burrell Johnson and other persons therein named of Ferry county. Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened. That the attorney-general be and he is hereby authorized to make an entry of satisfaction on a judg- ment in the circuit court of Montgomery county, upon execution issued on said judgment in favor of the State of Alabama against Burrell Johnson, tax col- lector of Perry county, and John H. Stone, C. J. Fhillips, W. R. Brown and W. A. Sanders, his securi- portionof judg-ties: Provided, All said judgment has been or shall ment to be pail jjQj.gr^ft;gj. \^q paid, cxccpt the sum of two thousand three hundred and sixty-seven 37-100 dollars, being the damages exclusive of the principal and interest of the actual default of said tax collector, which said damages, amounting to said sum, are alone intended to be hereby relinquished. Approved, February 1, 1861. IBl 1861. :N"o. 144.] AN ACT For the relief of John II. Norwood and others, of Jack- son county. Whereas, a forfeiture of one hundred doUars was taken against John II. Norwood, probate judge of Jack- sou county and his sureties in the circuit court of Mont- gomery county, at tlie fall term, 1860, thereof, for fail- ing to make out and return to the comptroller's office, an abstract of the state taxes for the year 1859, and it now appearing that said abstract of state taxes has been filed, and the amount thereof paid over to the tax col- lector of said county, therefore, Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened. That the governor be and he is hereby author- ized to remit said forfeiture, or such part thereof, as to him shall seem just. Approved, February 8, 1861. No. 145.] AN ACT For the relief of the heirs of J. W. Kilpatrick, deceased. Section 1. Be it enacted by the Senate and House o/Renrits »m.(-y Rcpresentaiives of the State of Alabama in General Assembly ^^^ '" '*'****■ convened^ That the comptroller of public accounts be and he is hereby authorized and required to draw his warrant on the treasurer for the sum of thirty dollars, in favor of W. D. Walden and W. T. Stubblcficid, administrators of the estate of J. W. Kilpatrick, de- ceased, paid by him for retail license, to be paid out of Money to be any money in the treasury not otherwise appropriated, bounty t^^" Sec. 2. Be it further enacted, That the judge of pro- "'7 of coosa. bate for Coosa county, be and he is hereby authorized and required to draw his warrant on the county treas- urer of said county for the sum of twenty-four dollars, to be paid out of any money in the treasury not other- wise appropriated, in favor of W. T. Stubblcficid and W. D. Walden, administrators of the estate of J. AV. Kilpatrick, deceased, paid by him for retail license. Approved, February 8, 1861. 1861. 182 Xo. 146.] ^ AN ACT For the relief of Wm. M. Glass, of Bibb county. Section 1. Be it enacted hy the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the sum of one hundred and forty dollars Pay for arresting be and the samc is hereby appropriated to William M. criminals. Qjass, ou account of expeuscs incurred by him for arresting one Samuel Oakes and one Thomas Head, in Bibb county, for horse stealing, and delivering the said Samuel Oakes to the proper authorities at Columbus, Georgia, and the said Thomas Head to the proper au- thorities in Tallapoosa county, Alabama. Sec. 2. Be it further enacted, That the comptroller be and he is hereby authorized and required to draw his warrant upon the treasurer in favor of William M. Glass, for the said sum of one hundred and forty dollars, to be paid out of any money in the treasury not other- Avise appropriated. Approved, February 8, 1861. No. 147.] AN ACT For the relief of William A. Noel. Section 1. Be it enacted by the Senate and House of Bepresentatives of the State of Alabama in General Assembly convened, That the chancellor of the northern division Trust removed be autliorizcd, if iu his opinion the interests of the T-aneas. bej^ieficlarics of the trust will be advanced, or not pred- judiced thereby, to grant permission to William A. Noel, trustee under the will of James Noel, deceased, of Elizabeth Beloats and William Claiborne, to remove the property of his cestui que trusts to the State of Ar- kansas, upon his giving such bond as the chancellor may direct. Approved, February 8, 1861. 133 1861. No. 148.] AN ACT For the relief of George G. Henry, of Mobile county. Section 1. Be it ciiacUd hy the Senate and House of Beprcscntaiives of the Stutc of Alabama in General Assemhhj convened. That the comptroller of public accounts be Excessof tax re- and he is hereby authorized to drawn his warrant on the treasurer, in favor of George G. Henry, of Mobile county, for the sum of two hundred and ninety-one dol- lars and thirtj^-seven cents, being excess of taxes over- paid by him in consequence of error in valuation of real estate in the assessment of taxes against him for the years 1855 and 185G, which said amount has been here toforo paid into the state treasury'. ArrRovED, February 8, 1861. No. 149.] AN ACT For the relief of R. F. Campbell, Tax Collector of Choctaw county. Section 1. Beit enacted hy the Senate and House of Bepresentatices of the State of Alabama in General Assembli/ convened, That the comptroller of public accounts be authorized to draw his warrant on the treasurer of the state, in favor of R. F. Campbell, tax collector of Choc- taw county, tor the sum of seventy-one dollars and twenty-one cents, to be. paid out of any moneys in tlic treasury not otherwise appropriated, the same being the amount of sales of lands sold by him on account of taxes for the year 1860, in Choctaw county, and bid in by him for the state : Brovided, however, That said Camp- bell shall first file in the comptroller's office the certifi- cates for the purchase of said lands properly made out. Approved, February 8, 1861. No. 160.] AN ACT For the relief of Martha B. Adams. Section 1. Be it enacted hij the Senate and Houj^c, of Bepreaeatatives oft/ie Slate of Alabama in General Aasenii/li/ 1861. 134" convened^ That in consequence of the loss by fire of her books, vouchers and other papers, Martha B. Adams, executrix under the authority of the probate court of Mobile county, of the last will of her husband, the late Thomas Adams, be authorized to file in said court for a partial settlement of her administration as such ex- ecutrix, a statement verified by oath or afiirmation as to its correctness, of the amount of moneys of said estate which have been received by her as such execu- trix, and of the amount paid out by her in that charac- ter since her last previous partial settlement in said court, without being required to set forth the items composing such amounts; and that the aflidavit of Col- lin H. Mings, of Mobile, the agent of said executrix,, may be received as prima fade evidence of the correct- ness of said statement : Provided^ hoiuever^ That nothing herein contained shall be construed so as to prevent error in such statement from being alleged and shown. Approved, January 29, 1861. No. 151.] AN ACr For the relief of Wm.. C. Peuick. SECTioisr 1. Be it enacted by the Senate and House of Hep" vesentatives of the State of Alabama in General Assembly convened, That hereafter it shall not be lawful for thJe corporation of the city of "VVetumpka to levy and col- lect corporation taxes upon so much of the farm of William C. Penick as lies within the corporate limits of said city, so long only as said farm within said corporate limits is used for the purpose of cultivation in corn or cotton only, and not used as city lots or rented and cul- tivated as such. Approved, February 8, 1861. No. 152.] AN ACT For the relief of F.. Yilleret. Section 1.. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly Gonvened, That F. Villeuet be ami, he is hereby author- 135 1861. ized to apply electro-magnetism and galvanism in the cure of Imnian diseases, and to charge and collect rea- sonable compensation therefor in this State. Approved, February 8, 1861. No. 153.] AN ACT For the relief of Frederica Ludecus and other persons. Section 1. Be it enacted by the Senate and House of Mepresentatives of the State of Alabama in General Assembhj convened^ That Mrs. Frederica Ludecus, of the county Free-deaier. of Montgomery and State of Alabama, be and she is hereby made capable of suing and being sued, to plead and be impleaded in the courts of this state, and to buy and sell and hold real and personal property, and the proceeds of her labor and earnings, as fully and com- pletely as though she was single and unmarried. Sec. 2. Be it further enacted^ That all the provisions Extended to o. of the foregoing section of this act are hereby extended ck^vdamil ^'^' and made applicable to Cornelia S. Lee and Elizabeth E. Cleveland, of Montgomer^^ count}'. Approved, February 8, 1861. Ko. 154.] AN ACT For the relief of the heirs at law of Narcissa J. Burks, late of Tallapoosa county. Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That John Hardy Bryant and Wm. T. Holmes, of Talbot county, in the State of Georgia, who are appointed executors of the last will and testament of Mrs. Narcissa J. Burks, late of Tallapoosa county, arc hereby authorized to appl}' for and receive letters testa- mentary on said will according to the provisions thereof from the probate court of Tallapoosa county, provided the creditors of said estate shall not be deprived of the rights now secured to them by law if they desire to enforce them. Approved, January 21, 1861. I 1861. 186 :No. 155.] AN ACT For the relief of John Owens and Daniel Freeman, of Jackson county. Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembli/ convened, That the court of county commissioners of the county of Jackson, be and they are hereby author- ized to make an appropriation annually out of the count}^ treasury of said county equal to the amount paid for keeping each pauper in the poor houses of said county, to John Owens and Daniel Freeman, citizens of said count}^ for keeping one Mary E. King, an insane female resident of said county so long as she lives and remains a charge on said Owens and Freeman in said county. Approved, January 25, 1861. No. 156.] AN ACT For the relief of James M. Hackney. Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly Restored to citi- ^^'^^'^'*<^^'^j That Jamcs M. Hackney, of Marshall county, zenship. who was at the November term, 1852, of the district court of the United States for the northern district of Alabama, convicted of breaking open and robbing the mails of the United States, and who has served out the term of his imprisonment on said conviction, be and he hereby is vested with and restored to all the rights and privileges of a citizen of this state as fully as though he had never been convicted as aforesaid. Approved, February 5, 1861. No. 157.] AN ACT To divorce Eachel H. Weathers from Francis T. Weathers, and other persons therein named. Section. 1. Be it enacted by the Senate aud Mouse of Representatives of the State of Alabama in General Assembly 137 1861. convened^ That Rachel II. Weathers be and she is hereby "Weathers, divorced from her husband, Francis T. Weathers, pur- suant to a decree of the chancery court of tlie 10th district and southern chancery division of ALabaraa, provided the said Rachel II. Weathers shall not be relieved of any penalties by this act until the expira- tion of the time specified by the chancellor in his final decree. Sec. 2. Be it further enacted, That Martha II. Cumby cumby. be and she is hereby divorced from her husband, Pleas- ant A. Cumby, pursuant to a decree of the chancery court of the 35th district and northern division of Alabama. Sec. 3. ^ Be it further enacted, That Amanda T. BettsBetts. be and she is hereby divorced from her husband, Isaac H. Betts, pursuant to a decree of the chancery court of the 20th district and southern division of Alabama. Approved, January 29, 1861. No. 158.] AN ACT To divorce Elijah Moncrieff from Elizabeth Moncrieff, and to divorce other persons therein named. Section 1. Be it enacted b)/ the Senate and House of Beprescntatives of the State of Alabama in General Assembly convened, That Elijah Moncrieft" be divorced from his wife Elizabeth Moncriefl, pursuant to a decree of the chancery court, held for the 20th district and southern division ; and that PartheniaCauthon be divorced fromcawthon. Arthur Cauthon, and that John White be divorced Irom whiie. Martha White, pursuant to a decree of the 20th district and southern chancery division. Approved, January 25, 1861. No. 150.] AN ACT To divorce certain persons therein named. Section 1. Be it enacted by the Senate and House of Bepresentatircs of the State of Alabama in General Assembli/ convened, That Nancy A. Belcher be and she is hereby B^icber- 1861. 138 Dawson. Givens. Koberts. Suramerlin. Pitts. Gunn. Oliver. divorced from Abner Belcher, in pursuance to a decree of the chancery court for the 11th district of the south- ern chancery division. Sec. 2. Be it further enacted, That Susannah P. Daw- son be and she is hereby divorced from Kobert Dawson, in pursuance of a decree of the chancery court of the 18th district of the middle chancery division. Sec. 3. Be it further enacted, That Rosanna Givens be and she is hereby divorced from Elkins Givens, in pur- suance of a decree of the chancery court of the 11th district of the southern chancery division. Sec. 4. Be it further enacted, That Nancy Roberts be and she is hereby divorced from Thomas L. Roberts, in pursuance of a decree of the chancery court of the 5th district of the southern chancery division. Sec. 5. Be it further enacted, That William T. Sum- merlin be and he is hereby divorced from Sarah A. R. Summerlin, in pursuance of a decree of the 39th dis- trict of the northern chancery division. Sec 6. Be it further enacted. That Laban Pitts be and he is hereby divorced from Sarah Pitts, in pursu- ance of a decree of the 36th district and northern chancery division. Sec 7. Be it further enacted. That Seth W. Gunn be and he is hereby divorced from his wife, Rebecca Gunn, in pursuance of a decree of the 35th district and north- ern chancery division. Sec 8. Be it further enacted, That Ann Eliza Oliver be and she is hereby divorced from her husband, Charles "W. Oliver, in pursuance of a decree of the 10th district and southern chancery division. Approved, February 5, 1861. Beardin. No. 160.] AN ACT To divorce Arthur Beardin from his wife Nancy A. Beardin, and to divorce other persons therein named. Section 1. Be it enacted hy the Senate and House of Bepresentatives of the State of Alabama in General Assembly convened. That Arthur Beardin be and he is hereby divorced from his wife Nancy A. Beardin, pursuant to a decree of the chancery court of the 22d district and middle division of the State of Alabama. 139 1861. Sec. 2. Beit further enacted, That Florence J. Ijiir-Birgtss. gess be and she is hereby divorced from her husband, Benjamin F. Burgess, pursuant to a decree of the chan- cery court of the 22d district and middle chancery division. Sec. 3. Be it further enacted, That Johnson McShan McShan. be divorced from his wife, Mar}' McShan, pursuant to a decree of the chancey court of the lOtli district and middle division. Sec. 4. Be it further\enacted, Tliat Ilosea Cromer be cromer. divorced from his wife, Rachel Cromer, pursuant to a decree of the chancery court of the 35th district and northern chancery division. Sec. 5. Be it farther enacted, That James Critcher becritcher. divorced from his wife, Eliza Rebecca Critcher, pursu- ant to a decree of the chancery court of the 32d district and northern division. Sec. G. Be it further enacted, That John 01dfield,beoidfleid. divorced from his wife, Frances Oldfield, pursuant to a decree of the chancery court of the 29th district and northern division. Sec. 7. Be it further enacted. That Martha S. Beach- seachomix omp be divorced from her husband, John Edward Beachomp, pursuant to a decree of the chancery court of the 29th district and northern division. Approved, January 29, 1861. No. 161.] AN ACT For the relief of Rufus Greene. Section 1. Be it enacted hy the Senate and House of Meprescntaiives of the State of Alabama in General Assembly convened, That Rufus Greene, of Coosa county, be and he is hereby released from the disabilities and penalties imposed by law on all persons against whom a divorce has been granted. Approved, January 31, 1861. 1861. 140 No. 162.] AN ACT For the relief of Robert S. "Wilson. Section 1. Be it enacted by the Senate and House of Uepresentatives of the State of Alabama in General Assembly convened, That Robert S. Wilson, of Montgomery county, be and he is hereby relieved from all the penalties and disabilities which by law attach to persons from or against whom a divorce has been obtained in any state. Approved, February 1, 1861. No. 163.] AN ACT For the relief of Alexander Dean. Section 1. Be it enacted by the Senate and House of Bepresentatives of the State of Alabama in General Assembly convened, That Alexander Dean, of Sumter county, Alabama, from whom Catharine Dean, of said county, has obtained a divorce, and who is still living, be and he is hereby permitted to marry again the same as if he had never contracted a marriage with the said Catharine Dean, all laws and parts of laws to the contrary not- withstanding. Approved, February 5, 1861. ErIiaTa.^— On page 18, in the second line of the first pfoviso, after the words " Alabama Central Rail Road," strike out the word " Company. On page 81, the date of the approval of act No. 21 is omitted. Said act was approved January 25, 1861, as appears from the enrolled copy. I ^ D E X ACADEMIES-^See Corporations. ADAMS, MARTHA B.— Act for relief of, - . - . ■- 133 ADAMS, TALBOT— Authorized to erect crates across public road, - S6 ADJUTAXT-GENERAL— See Military Affairs. ANDERS, EZEKIEL— Act for relief of, - - - . . 129 APPEALS— Practice in supreme court regulated, - - 33 Damages and tax-fees abolished in certain cases, by 7th section of "stay law," - - 3 Appeals allowed in patent cases, - - - 24 Clerks of lower courts authorized to issue execu- tions for costs, - - - .40 APPROPRIATIONS— To cause of southern independence, - - 16 For officers and members of General Assembly - 32 For General Assembly and Convention, - 31 For military defence of State, - - - 43 For contingent expenses of State, - - 38 For better preservation of capitol from fire, - 62 For hire of servants for General Assembly and Con- vention, - - - -88 In favor of AV. S. Gray, for apprehending felon, - 71 In favor of White, Pfistcr & Co., for stationery, - 80 In fnvor of AV. B. & A. R. Bell, for articles furnish- ed to capitol, - - - - 89 10 146 APPROPRIATIONS— (Continued.) In favor of Wm, Skinner and J. S. Clark, - 85 In favor of Ezekiel Anders, - - - 129 In favor of W. D. Perrj'man, - - - 130 In favor of J. W. Kilpatrick's heirs, - - 131 In favor of Wm. M. Glass, - - - 132 In favor of Geo. G. Henry, - - - 133 InfavorofR.F. Campbell, - . . 133 In favor of John Owens and Daniel Freeman, - 136 AUTAUGA COUNTY— Compensation of jurors on coroner's inquests, 87 BAILIFFS— Compensation in certain specified counties, - 61 BALDWIN COUNTY— Excepted from operation of school law of 18G0, - 82 BANKS— Act to legalize suspension of specie payments, - 9 Act to authorize opening of subscription books to Bank of Alabama, - - - 22 Act amending act to incorporate Bank of Alabama 124 BEACIIOMP, MARTHA S. and JOHN K— Act divorcing, . - - . . 139 BEARDIN, ARTHUR and NANCY A.— Act divorcing, . . . . . 138 BELL, W. B. & A. R.— Appropriation in favor of, - - - 89 BELCHER, NANCY A. and ABNER— Act divorcing, ..... 137 BETTS, AMANDA T. and ISAAC IL— Act divorcing, ..... 137 BIBB COUNTY— Act fixing compensation of bailiffs, - - 61 Act prohibiting sale of spirituous liquors within certain limits, - - - - 65 Act authorizing commissioners' court to provide for relief of poor, - - - - 78 BROWN, F. M.— Act authorizing removal of guardianship of ward, 72 BURGESS, FLORENCE J. and BENJ. F.— Act divorcing, ..... 139 BURKS, NARCISSA J.— Act for relief of heirs-at-law, - - - 135 BUTLER COUNTY— Act repealing act of 1850, relative to hunting wild hogs, -..--- 40 147 CAMPBELL, R. F.— Act for relief of, - - - - - . 133 CAUTIIOX, rAllTHENIA and ARTHUR— Act divorciiio;, - - - . . 137 CHAMBERS COUNTY— Act changing terms of circuit court, - - 59 Act fixing compensation ofbailitts, - 61 Act fixing compensation of jurors on coroner's in- quests, - - - - - 87 Act regulating trial of State cases, - - 60 CHENEY, WM. F.— Act authorizing administrator to pay for certain lands, ... . - 71 CHEROKEE COUNTY— Act prohibiting sale of spirituous liquors within certain limits repealed, - - - 125 CLARK, J. S.— Act compensating for prosecution of felon, - 85 CLEVELAND, ELIZABETH E.— Act for relief of, - - - - - 135 COCKE, JOHN— Authorized, as administrator, to pay for certain lauds, 71 CODE OF ALABAMA— Act providing for preparation of Revised Code amended, - - - - 11 Sections 21-23 (cessions of lauds to United States) repealed, - - - - - 20 Section 391, paragraph 33, (tax on revolvers,) re- pealed, - - - - - 21 Section 496 (compensation of tax collectors) re- vived, and made applicable to Winston county, 83 Section 499 (compensation of judge as member of commissioners' court) modified in Coosa county, 69 Section 001 (commissioners of pilotage in Mobile) amended, - - - - - 63 Section 1045 (free colored mariners) amended, 33 Section 1155 (overseers of roads) repealed, - 35 Section 1177 (erection of gates on public roads) amended, - - - - - 86 Section 2039 (compensation of gnardians) amended, 35 Section 2398 (security for costs) amended, - 41 Section 2462 (exempting property from levy and sale,) amended, - - - - 15 Section 2813 (subpcenas for witnesses) amended, 34 Section 3283 (selling liquor to slaves) amended, 34 148 COFFEE COUNTY— Act incorporating Clintonville Academy, - TO COMPTROLLER OF PUBLIC ACCOUNTS— Act creating clerkship amended, - - 61 CONTINGENT FUND— Increased to $25,000, ... 39 COOSA COUNTY— Act fixing compensation of bailiffs, - - 61 Act fixing compensation of probate judge as mem- ber of commissioners' court, - - 69 Act authorizing appointment of notaries public, 70 Act authorizing commissioners' court to issue county bonds for relief of poor, - - 76 Act conferring on intendant of Rockford powers of justice of the peace, - - - 81 COPYRiGHT— Act to secure rights of patentees and authors, - 24 CORONER'S INQUESTS— Act fixing compensation of jurors in Dale county, 82 Act fixing compensation of jurors in Chambers, Russell, Montgomery aud Autauga counties - 87 corporations- Academies AND Schools. Act incorporating Cliutonville Academy, - 70 Act incorporating Ingram's Academy, - - 113 Act incorporating Chulatinuee Academy, - 113 Act amending act of incorporation of Gadsden Academy, ... . 125 Cities and Towns. Act amending charter of Tuskegee, - - 122 Act amending charter of Montgomer}', - - 127 Act amending charter of Opelika, - - 127 Act making intendant of Rockford justice of the peace, - - - - - 81 Insurance Companies. Act repealing, in part, act of 1860, respecting agen- cies of foreign companies, - - - - 21 Act incorporating Eufaula Marine and Fire Insur- ance Company, - - - - 89 Act incorporating Eufaula Home Insurance Com- pany, ----- 93 Act incorporating "Woodville Insurance Company, 96 Act incorporating Central Insurance Company at Tuskaloosa, - - - - - - - 110 149 CORPORATIONS— (Continued.) Act anieuding charter of Planters' and ^Mcrcliants' Insurance Company at Sclnia, - - - 118 Act amending charter of Opelika Insurance Com- pany, .----. 118 Act amending charter of LaPayette Insurance Com- pan}^ - - - - - Act amending charter of Alabama Insurance and Exchange Company, at Tuskcgee, . - 123 Railroads. '~ Act amending act of 1858, to regulate and define liabilities of Railroad Companies, - - 37' Act to induce Railroad Companies to carry troops, kc., free of charge, - . . _ Act substituting Mountain Railroad Contracting Company for Tennessee and Alabama Central Railroad Company, under act of 1860, appropri- ating three per cent, fund, - - - 17 Act appropriating two per cent, fund to Tennessee and Alabama Railroad Company, - - 19 Act aiding Alabama and Florida Railroad Com- pany, --..-- 80 Act postponing State lien on Tennessee and Coosa Railroad, ------ 80 Act incorporating North Alabama Railroad Com- pany, - - - - - - 10-4 Act amending charter of South-western Railroad Company, ------ 122 Act incorporating Shelby Coal Railroad Company, - 120 Act incorporating Mobile and Jacksonville Omni- bus and Railroad Company, - . - IQI Miscellaneous. Act incorporating Steam Fire Engine Company in Mobile, - ^ 100 Act incorporating North Alabama Steamboat Com- pany, - - - - - - 110 Act incorporating Mechanics' Aid Association of Sclma, ------ 114 Act amending charter of Mechanics' Aid Associor tion of Mobile, - - . . . 120 Act incorporating Eufaula Savings Association, - 117 Act reviving, amending charter,and clianging name of South Alabama Mining, Manufacturing and Transportation Company, - - - 120 150 CORPORATTOXS— (Continued.) Act reviving charter of Direct Trade and Exchange Company, ------ 118 Act amending charter of Southern Express Com- pany, 123 Act amending charter of ALabama Annual Con- ference of Methodist Episcopal Church South, - 125 Act amending charter of Lauderdale Manufactu- ring Company, ----- 123 Act changing name of Andrew Jackson Guards, of Tallapoosa county, to Tallapoosa liifle (company, - 84 COSTS— Act authorizing clerks to issue executions for costs of appeal, ------ 40 Act amending section 2398 of Code, as to security for cos-ts, ------ 41 courts- Supreme. Act regulating practice, - - - - 33 Act abolishing damages and tax fees in certain cases, (7 til section of "stay .law,") - - 3 Appeals allowed in patent cases, - - - 24 Chancery. Act changing terms of 4th and 5th districts, - 60 Circuit. Act changing terms of 4th circuit, (comprising Lawrence, Lauderdale, Franklin, Limestone, Morgan and Marion counties,) - - - 58 Act changing terms in Chambers count}'-, - - 59 Act changing terms in Marion county, - - 59 Act transferring certain causes from Federal Courts, - - - - - - 24 Act regulating trial of State cases in Chambers county, ------ 60 Act fixing compensation of bailiffs in certain coun- ties, ----- - 61 Probate. Act authorizing sale of property belonging to luna- tics, idiots and persons non compotes menlis, - 23 Act regulating fees ot probate judge in Coosa, - 69 Commissioners of Roads and Revenue. Act authorizing establishment of medical boards, - 3T Act authorizing issue of bonds, for relief of poor in Coosa, ------ 76 Act authorizing relief of poor in Bibb and Perry, - 78 151 CRAIG, ROBERT— Act removing admiuistration of estate, - - 75 CRIMINAL LAAV— Act rcgulatiug solicitors' fees, - - - 22 Act regulating trial of State cases in Chambers count}', ------ GO Act providing for insane criminals, - - - 28 Act regulating pay of witnesses in State cases, - 36 Act prohibiting hunting of wild hogs, - - 40 Act prohibiting pilots from conducting armed foreign vessels to port, - - - - 40 Act prohibiting retailing, within certain limits, in Limestone, ----- G3 Act prohibiting retailing, within certain limits, near Dublin and Spring Hill Academy, - 64 Act prohibiting retailing, within certain limits, in Tuskaloosa and Bibb counties, - - - 65 Act prohibiting retailing, within certain limits, in Shelby and Berry counties, - - - 65 Act prohibiting retailing near Spring Hill College in Mobile county, - - - - 66 CRITCIIER, JAMES and ELIZA R.— Act divorcing, - - . . . 139 CROMER, IIOSEA and RACHEL— Act divorcing, - - . - . 130 CUMBY, J^IARTIIA 11. and PLEASANT A.— Act divorcing, ..... 137 DALE COUNTY— Act compensating jurors on coroners' inquests, - 82 Act increasing pa}' of jurors, - - - 88 DAVIDSON, LUCRETIA— Act for relief of, - - - - - 128 DAWSON, SUSANNAH P. and ROBERT— Act divorcing, ..... 138 DEAN, ALEXANDER— Act for relief of, ..... 140 DEEDS OF TRUST— Sales under, regulated by 3d section of *'stay law," 3 DIRECT TRADE— Act repealing act of 1860, for encouragement of, - 30 DIVORCES— Boachomp, Martlia S. and John Edward, - - 139 Boardin, Arthur and Nancy A., - - - 138 Belcher, Nancy A. and Abner, - - - 137 Betts, Amanda T. and Isaac II., - 137 152 DI^^ORCES— (Continued.) Burgess, Florence J. and Benjamin F., Cauthon, Parthenia and Arthur, Critcher, James and Eliza Rebecca, Cromer, Hosea and Rachel, Cumby, Martha 11. and Pleasant A., Dawson, Susannah P. and Robert, Givens, Rosanna and Elkins, Gunn, Seth W. and Rebecca, McShan, Johnson and Mary, Moncrioff, Elijah and Elizabeth, Oldiicld, John and Frances, Oliver, Ann Eliza and Charles "W., Pitts, Laban and Sarah, - . . . Roberts, JSTanc}- and Thomas L., Summerlin, William T. and Sarah A. R., - AYeathcrs, Rachel H. and Francis T., - "White, John and Martha, . . . . ENGINEERS— Act authorizing' apnointment of, - - - ESTATES OF DECEDENTS— Act removing administration of Thos. J. Walker's estate, - • - Act removing administration of Thos. Green's es- tate, -_.-__ Act removing administration of Robert Craig's es- tate, ...... Act authorizing Wm. F. Cheney's administrator to pay for certain lands, . . . . EXECUTION— Act exempting property from levy and sale. Act authorizing clerks of lower courts to issue exe- cution for costs of appeals, . . . Act regulating judicial proceedings, (commonly known as "stay law,") - . . . Property of soldiers exempt by 6th section of "stay law," .-.--. FEES— Act regulating fees of solicitors, . . . Act regulatina: fees of probate judge of Coosa county, FISH— Act to prevent destruction of fish in Tennesseee river, ■FRANKLIN COUNTY— Act changing terms of circuit court, 139 137 139 139 137 138 138 138 139 137 139 138 138 138 138 136 137 48 73 74 75 71 .15 40 22 69 83 58 153 FREEMAN, DANIEL— , Act lor relief of, ----- 136 GAME LAWS— Act amending act for preservation of game in Sumter, ------ GO Act regulating hunting of wild hogs, • - 40 GENERAL ASSEMBLY— Act providing for pay of members, - - 31 Act makins: appropriation for pay of members, - 32 GIVENS, ROSANNA and ELKINS— Act divorcinsx, - - . . . 138 GLASS, WM. M.— Act for relief of, - - - - - 132 GOVERNOR— Act authorizing employment of two secretaries, - 61 Act authorizing appointment of military board, - 46 Act authorizing issue of treasurv notes, - - 16 Act authorizing loan of $100,000 to State, - 31 GRAY, WM. S.— Act compensating for arrest of felon, - - 71 GREENE, RUFUS— Act for relief of, - - - - - 130 GREEN, THOMAS— Act removing administration of estate, - - 74 GUARDIANS— Act authorizing sale of property of lunatics, kc, - 23 Act regulating compensation of guardians. Act authorizing removal of guardianship of Fran- cis M. Brown, ----- Act authorizing B. II. Micou to settle accounts, as guardian, in probate court of Montgomery, GUNN, SETII W. and REBECCA— Act ditorcing, - - . - . 138 JIACKNEY, JAMES M.— Act for relief of, - - - - - 136 HENRY, GEO. G.— Act for relief of, 133 HUNTING- See Game Laws. INSANE HOSPITAL— Act supplemental to act establishing, - - 2.') INSURANCE COMPANIES— See Cokporatioxs. JACKSON COUNTY— Act repealing act of 1800, relative to steam mills, 68 11 ■J 'J 72 7-> 154 JEFFERSO:^" cou;srTY— Act changing boundary line between Shelby and Jefferson counties, - - - - 67 joh^'so:n" burrell— Act for relief of, - - - - - 130 JOHNSO:?^, JOSEPH A. and LUCY— Act for relief of children of, . . . 70 JUDICIAL PROCEEDINGS— Act to regulate judicial proceedings, &c., - 3 Act explanatory and supplemental to above, - 6 Act regulating practice in Supreme Court, - 38 Act authorizing clerks of lower courts to issue executions for costs of appeal, - - - 40 Act regulating trial of State cases in Chambers, - 60 Act in relation to suits a^'ainst lunatics, &c., - 23 JURORS— Act increasing compensation of jurors in Dale county, ------ 88 Act to compensate jurors on coroners' inquests in Dale county, ----- 82 Act to compensate jurors on coroners' inquests in Ciiambers, Russell, Montgomery and Autauga counties, ------ 87 JUSTICES OF THE PEACE— Proceedings in justices' courts regulated by 4tli section of " stay-law," - - - - 5 Powers of justice conferred on intendant of Rock- ford, --81 KILPATRICK, J. W.— Act for relief of heirs of, - - - 131 , LAND LAWS— Act relative to sale of swamp and overflowed lands, 12 Act repealing sections 21 and 23 of the Code relative to cessions to United States, - - 20 . . LAUDERDALE COUNTY— Act repealing 6th section of charter of Lauder- dale Manufacturing Company, - - . 123 ■ LAAV, E. M. and J. A.— Act to loan arms and accoutrements to, - - 67 LAWRENCE COUNTY— Act changing terms of Circuit Court, _ - 58 LEE, CORNELIA S.— ^^ Act for relief of, - - - - 135 155 LIMESTOITE COUNTY— Act amending act of 1860 to prohibit sale of liquor within certain limits, - - - 63 Act changinc: terms of Circuit Court, - - 58 LIMITATIONS, STATUTE OF— Act prescribing bar to claims for damages against railroad companies, - - - ' 37 LONG, G. W.— Act for relief of children of, ... 129 LOWNDES COUNTY— Act fixing compensation of bailiffs, - - 61 LUDECUS, FKEDERICA— Act for relief of, - - I - 135 LUNATICS— Act authorizing sale of property by guardians, and suits against guardians, - - - 23 Act supplemental to act for establishment of In- sane Hospital, - - . - - 25 LYON, ANDREW— Authorized (with Talbot Adams) to erect gates across public road in Tickeus count}', - - 86 MACON COUNTY— Act incorporating Insurance and Exchange Com- pany at Tuskegee, .... 123 Act amending charter of Tuskegee, - - 122 Act amending charter of Opelika, - - - 127 MARENGO COUNTY— Act repealing act of 1860, relative to public roads, 68 McSIIAN, JOHNSON and MARY— Act divorcing, _ - . . 139 MEDICAL BOAin)S— Act estal)lisliing board in St. Clair county, - 85 MICOU, BENJ. II.— Authorized to settle accounts as guardian in pro- bate court of Montgoracr}-, - - - 75 MILITARY AFFAIRS— Act authorizing appointment of military board, - 46 Act to raise monc}' to provide for military defence, 41 Act making appropriations for military defence, - 43 Act to promote military efficiency, and for other purposes, ------ 48 Act authorizing appointment of engineers, - 48 Act compensating governor's aids-de camp, - 49 Act to guard against invasion by sea, - - 49 Act establishing rules and regulations for army, - 50 156 MILITARY AFFAIRS— (Continued.) Act making provision for volunteers at Pensacola, 52 Act to induce railroad companies to transport troops and munitions of war, free of charge, - 52 Act autliorizing appointment of lieutenants, and for other purposes, - - - - 53 Act authorizing employment of clerk bj adjutant- general, ----.- 54 Act accepting aid of certain patriotic citizens, - 54 Act relieving certain persons Irom military duty, 55 Act authorizing distribution of arms by governor, 5i> Act providing for election of militia officers, - 55 Act to give greater efficiency to military depart- ment of State University, - i- - 5 6 Act amending act of 18G0, to provide for efficient military organization, - - - - 57 Act providing for military education of two young- men froiii each county, . . - . GT Act loaning arms, &;c., to E. M, & J. A. Law, - 07 Property of persons in actual military service ex- empt from lew «nd sale uy Jtli section of "stay law," - " 5 MILLS, A^D MILL-DAMS— Act repealing act of 18G0, relative to steam-mills in Jackson county, - - - - GS Act relative to steam grist-mills in Sumter county, 84 Act authorizing J. S. Moragne to erect dam, - 83 MOBILE— Act antljorizing appointment of branch pilot, - G3 Act prohibiting sale of spirituous liquors near Spring Hill College, . . . . QQ Act incorporating steam fire engine company, - 100 Act incorporating Omnibus and Railroad Companv, 101 MOHCRIEFF, ELIJAH and ELIZABETH— Act divorcing, - - - - 137 MONTGOMERY— Act compensating jurors on coroners' inquests, - 87 Act amending charter of city, - - - 127 MORAGNE, JOHN S.— Authorized to erect dam across Big Wills' creek, 83 MORTGAGES— Sales under, regulated by 3d section of "stay law," 4 NOEL, WM. A.— Act fnr relief of, - . - . 132 157 NORWOOD, JOHN IL— Act for relief of, . - . . 131 KOTAlilES PUBLIC— Act rcixulatiiiij: appointment in Coosa C^^'int}', - TO OFFICIAL i30NDS— • Act providino: for better security of, - • - 89 OLDFIELD, JOHN and FRANCES— Act divorcins;, . . . . 139 OLIVER, ANN ELIZA and CHARLES ^V.— Act divorcing, - - - - 138 OPELIKA— Act amending charter, - - - 127 OWENS, JOHN— Act for relief of, - - - - 136 PATENTS— Act securing riirlits of patentees and authors, - 24 PEDDLING— Act repealing, in part, tax on certain wagons, - 38 PENICK, W.M. C— Act for relief of, - - - - 134 PERRY COUNTY— Act authorizing Commissioners' Court to provide for relief of poor, - - - 78 Act prohibiting sale of liquors near Dublin, -n^ 64 Act prohibiting sale of liquors near Hamburg, - \ 65 PERRYMAN, W. 1).— a Act for relief of, - - - — 4 \ 130 PICKENS COUNTY— ^< Act fixing compensation of bailiffs, - - 61 Act prohibiting sale of liquor near Spring Hill Academy, - - - . (34 Act authorizing erection of gates across certain public road by Talbot Adams and Andrew Lyon, 86 PILOTS— Act authorizing appointment of branch pilot for waters running into Mobile bay, - - 63 Act forbidding pilot to conduct armed vessel to Mobile, - - - - - 49 PITTS, LABAN and SARAH— Af't divorcing, .... 133 PUBLIC LANDS— Sec Land Laws. RAILROADS— See Corporations. RANDOLPH COUNTY— Act fixing corapeuFfttioji of bailiffs, - - 61 158 RELIEF ACTS— Adams, Martha B., - - - - 133 Anders, Ezekiel, - - - - 129 Burks, heirs of Nancy J., - - - 135 Campbell, K. F., - - - - 133 Cleveland, Elizabeth E., - - - 135 Davidson, Lucretia, - - - 128 Dean, Alexander, . - . . 140 Freeman, Daniel, . - - - 136 Glass, William M., - - - - 132 Gray, William S., - - - - 71 Greene, Rufus, _ . . . 140 Hackney, James M., ... 136 Henry, Geo. G., - - - - 133 Johnson, Burrell, ... - 130 Johnson, children of Joseph A. and Lucy, - 70 Ivilpatrick, heirs of J. W., . . . 131 Lee, Cornelia S., - - - - 135 Long, children of G. W., - - - 129 Ludecus, Frederica, - - - - 135 Noel, W. A., - - - - 182 Norwood, John II., . - - - 131 Penick, William C, ... 134 Ferryman, W. D., - - - - 130 Villeret, F., , . . . 134 Wilson, Robert S., - - - - 140 Wilson, Thomas, - - - - 140 RESOLUTIONS, JOINT— For relief of Thos. Wilson and others, - - 141 In regard to public affairs, ... 142 RETAILING— Act punishing sale of liquor to free negroes, - 34 Act amending act of 18G0, prohibiting sale of liquor, within certain limits, in Limestone county, 63 Actprohibiting sale of liquor, within certain limits, in Perry and Pickens counties, - - 64 Act prohibiting sale of liquor, within certain lim- its, in Tuskaloosa and Bibb counties, - 65 Act prohibiting sale of liquor, within certain lim- its, in Shelby and Perry counties, - - 65 Act prohibiting sale of liquor, within certain lim- its, near Spring Hill College, Mobile, - QQ Act amending charter of Gadsden Academy, in Cherokee county, by repealing prohibitory clause, 125 159 EIVERS— Act declaring Five Huns a public highway, - 63 Act to prevent destruction of tish in Tennessee, - 83 ROADS— Act amending law in relation to overseers, - 35 Act relative to public roads in Marengo county, - 68 Act authorizing construction of gates across public road in Pickens county. - - - 86 ROBERTS, NANCY and THOMAS L.— Act divorcing, . _ . _ 138 ROCKFORD— Act giving intendant powers of justice of the peace, - - - - - 81 RUSSELL COUNTY— Act fixing compensation of bailiffs, - - 61 Act fixing compensation of jurors on coroners' inquests, - - - - 87 Act incorporating Ingram's Academy, - - 113 Act amending charter of Opelika, - - 127 Act incorporating Opelika Insurance Company, - 118 SCHOOLS— Act exempting Baldwin count}' from operation of school law of 1860, - - - - 82 Act authorizing extension of 16th section notes, - 20 Act incorporating Clintonville Academy, - 70 Act incorporating Ingram's Academy, - - 113 Act incorporating Chulafinnee Academy, - 113 SECRETARY OF STATE— Act fixing salary', - - - - 62 Act making appropriation for hire of servants, - 88 SHELBY COUNTY— Act changing boundary between Shelby and Jef- ferson, - - - - - 67 Act for preservation of game, - - - 69 Act to secure subordination among slaves, - 87 Act prohibiting sale of liquor near Limeville Bap- tist Church, - - - - 65 SIXTEENTH SECTIONS— Act authorizing extension of notes, - - 20 SKINNER, AVILLIAM— Act com]ienpating for prosecution of B. Rollins, - 85 SLAVES, AND PERSONS OF COLOR— Act amending law in relation to free colored mariners, - - - - 33 Act punishing sale of liquor to free Degrees, &c., - 34 160 SLAVES, AN"© PERSOiTS OF COLOR— (Continued.) Act to furtlicr secure subordinution among slaves,' 36 Act to secure subordination among slaves in Shelby county, - . - . -87 SOLICITORS— _ Act regulating fees, - - - - 22 STAY LAW— Act to regulate judicial proceedings, &c., 3 .ST. CLAIR COUNTY— Act repealing act of 1857, laying off county into commissioners' districts, - - - 68 Act establishing medical board, - - 85 SUMMERLIN, WM. F. and SARAH A. R.— Act divorcing, - - - - 138 SUMTER COUNTY— Act amending act of 1860 for preservation of game, - - - - - 69 Act relative to steam grist-mills, - - 84 SWAMP LANDS— Act providing for sale of, - - - 12 TAXES— Act extending time for payment bj^ collectors, Act repealing tax on revolving pistols, - - 21 Act repealing, in part, act of 1860 relative to ped- dling, . - . - . 33 Act exempting from taxation bonds issued for military defense of State, (7th section,) - 42 Act exempting railroad companies, conditional!}^, from taxation, - - - - 52 Act fixing compensation of collector in Winston connt}^, - - - •, - 83 TALLAPOOSA COUNTY— Act changing name of Andrew Jackson Guards, 84 TENNESSEE RIVER- Act to prevent destruction ot fish, - - 83 TREASURER, STATE— Act authorizing employment of clerk, - - 62 TREASURY NOTES— Act authorizing governor to issue, - - 16 TUSKALOOSA— Act prohibiting sale of liquor near Moore's Bridge post-ofiice, . - - - - 65 Act to give greater efiiciency to military depart- ment of State University, - - - 56 161 TWO AND TII1{?:e PER CENT. FUNDS— Act approjjriating three per cent, fund, - . 19 Act amending act of 1860, to loan and appropriate tliree ])er cent, fund, - - 17 UNIVERSITY OF ALABAMA— Act to give greater efficiency to military depart- ment, - . . - - r,a VILLERET, F.— ^^ Act for relief of, - . . -ioa WALKER, THOMAS J.— ' Act removin