119617
AUG 1 9194(1
Aj02TS
OF THE
CALLED SESSION, 186#
AND OF TnE
SECOND REGULAR ANNUAL SESSION
OF THE
GENERAL ASSEMBLY OF ALABAMA,
HELD IN THE
CITY OF MONTGOMERY,
COMMENCING ON THE
27TH DAY OF OCTOBER AND SECOND MONDAY IN NOVEMBER, 1862.
JOHN GILL SHORTER, Governor.
WALTER H. CRENSHAW, Speaker of House of Representatives.
R. M. PATTON, President of the Senate until Nov. 10, 1862.
J. M. CALHOUN, President of the Senate,
».<>►,» —,
MONTGOMERY, ALA.:
MONTGOMERY ADVERTISER BOOK AND JO? OFFICE.
1862.
LAWS OF ALABAMA
No. 1J Atf ACT
To amend the Revenue Raws of this State.
Section 1. Be it enacted by the Senate and House of Hep-
resentatives of the State of Alabama in General Assembly ®^e80f
oonvened} That the following rules, as to the taxation of
persons and property, are hereby established, to-wit;
1. All lands subject to taxation must be taxed in
proportion to their value.
2. Land belonging to citizens of the Confederate
States residing out of the State, cannot be taxed higher
than land belonging to persons residing therein.
8. Ko tax can be imposed on land, the property of
the Confederate States.
4. All navigable waters within the State are to re¬
main forever public highways, free to the citizens of
the State, and of the Confederate States, without any
tax, impost, or toll thereon, imposed by the State.
5. The following persons and property are exempt
froitn taxation t
6. All property belonging to the State, ot any county
thereof, or the State bank, or its branches.
7. All property of the Confederate States. ,
8. All property of literary, scientific and benevolent
institutions, actually used for the purposes for which
such institutions were created; not exempting, how¬
ever, any of such property when invested in stocks, or
employed in any other than, the regular business of such
institutions.
18t)2.
4
9. Houses of religious worship, and their appurte¬
nances.
10. Places, and monuments of the dead, and imple¬
ments of burial.
11. Agricultural and horticultural instruments, im¬
plements, vehicles and utensils, when kept for use,
12. The property of revolutionary soldiers and their
widpws, to the value of one thousand dollars.
18. The property of soldiers who served in the war
of 1812, those who served in the Mexican war, those
who served in the [Florida war, and those now in, or
who*may hereafter be in the military service of, the
Confederate States, or who shall, at the time of assess¬
ment, have received an honorable discharge from such
service, and of the widows of all such, property to the
value of one thousand dollars.
14. All insane persons, and their property, to the
value of one thousand dollars.
Subjects & rates Sec. 2. Be it further enacted, That taxes are to be as¬
sessed by the assessor in each county on, and from,
the following subjects, and at the following rates, to-
wit:
1. On every white male inhabitant between the ages
of twenty-one and sixty, except those in the military
service of the Confederate States, seventy-five cents.
2. On eveiy male free negro, between twenty-one
and fifty years of age, five dollars.
8. On every female free negro, between twenty-one
and forty-five years of age, three dollars.
4. On all real estate, to be estimated at its real value
in money, and not at forced sale, according to the best
judgment the assessor can form by information, in¬
spection, or otherwise, taking into consideration its
location, whether in a town, city, or the country, its
proximity to local advantages, its quality of soil, growth
of timber, mines, minerals, quarries, fossils and im¬
provements, excepting such as are herein separately
specified and taxed, for each hundred dollars of the
value thereof, and at that rate, twenty-five cents.
5. All slaves', except mechanics, tanners, shoe mak¬
ers, or of some other trade, craft or occupation, which
renders them of extra value, actually engaged in their
trade, or those who, from unsoundness or other disability,
are of less value than ordinary slaves of like age, shall
be assessed as follows:
of taxation.
Poll.
Male free ne
groesv
Female free ne¬
groes.
Real estate.
Slaves, except
mechanics,
5
1662.
3 « *» «
4 <•> a <■'
5 <i u a
Q a a u
7
1 On each slave under 5 years of age, 50 cents.
2 44 *" 44 between 5 & 10 " 75 44
10 & 15- 44 150 44
15 & 30 44 200 44
30 & 40 « 150 44
40 & 50 4< 100
, - , 50 & 60 44 40 44
Mechanics, and others of extra value, actually engaged Mechanics,
in their trade, and those Who, from unsoundness or
disability, are of less value than slaves of like age, shall
be valued at whatever prices the assessors, from the
best information to be obtained by them, may adjudge
them to be worth; and upon such valuation there shall
be assessed a tax of oue-fourth of one per cent.
6. There is also to be assessed and collected, as a ai^vefund-
separate fund to pay for slaves executed for capital
crimes, on each slave under ten years of age, one cent;
and on each over ten? and under sixty years, two cents.
7. On all passes, canals, channels, and property of the passes, canals,
like kind, estimated in the same manner as mills, &c., chamuste'&e"
on each hundred dollars of the real value, of the prop¬
erty, twenty-five cents.
8. On all capital employed by agent, oil otherwise, Capitalormone}.
in the way of loan, or trading in paper, at not more at legal interest,
than the legal rate of interest, or in the regular ex¬
change business, in or during the tax year ending on
last day of February preceding the assessment, on each
hundred dollars thereof, and at that rate, tfiirty-three
and one-third cents.
9. On all money and debts purposely kept at inter- Money and det>ts
est, whether* lent to, or in the hands of, persons, corpo- atinterest
rations, or companies, in or out of the State, whether
the evidence of the debt is annually renewed or not, or
whether running to maturity or past due, on which tax
is not paid in some other form or manner to the State
annually, there shall be assessed and paid, for each hun¬
dred dollars, thirty-three and one-third cents.
10. On all crops, or the proceeds thereof, loaned or crops loaned or
kept at interest, there shall be levied and collected a keptat lnteresf-
tax of thirty-three and one third cents on every hun¬
dred dollars so loaned or kept at interest.
11. On all money hoarded there shall be assessed Money hoarded1
and collected, on every hundred dollars,- one dollar;
and under the term hoarded shall be embraced all mo¬
ney withheld from circulation, as well as all money de-
1862.
6
posited out of the State, money lent out of the State
at a less rate of interest than five per cent per annum,
and all money on hand: Provided, that'money kept on
hand exclusively to purchase family supplies, not to
exceed the amount necessary for one year, shall not be
considered as money hoarded.
12. On all capital employed, by agent or otherwise,
atgreitTr'thM in or during such year, in the way of loan or dealing
legal interest. paper, at a greater rate than the legal rate of inter¬
est, on each hundred dollars, and at that rate, one dol¬
lar; and all bills, notes, checks, certificates of deposit,
or other issues, credits of any corporation, company,
partnership, or individual, either in or out of the State,
used or employed in the way of loan, dealing in paper,
or in a regular exchange business, is regarded as capital
under this section, and must be assessed as if gold or
silver was used or employed,
jeweir late- ^ ea°k dollars worth, and at that rate,
furniture, Ac6' of all jewelry, plate, household furniture, ornaments,
whether kept for use, sale, or otherwise, over the value
of two hundred dollars, except family portraits, fifty cents.
Vehicles. 1-4. On all vehicles kept for use, and not exempt
from taxation, on each hundred dollars of the value,
and at that rate, fifty cents,
xeatcattle. 15. On each head of neat cattle, over twenty-five
head, one cent.
Horses & mules. 16. On all horses or mules kept principally for the
saddle or harness, stud horses and jacks, on every hun¬
dred dollars of the value, and at that rate, one dollar,
Racehorses. ]7. On all horses which, in or during the tax year
preceding the assessment, have been entered, trained or
run, five dollars.
Capital stock of *8. On corporations created under any law of
corporations, this State, except rail roads, and not exempt from tax¬
ation, on each hundred dollars of their capital stock
actually paid in, and belonging to persons not exempt
from taxation, fifty cents; but such corporation is exempt
from tax (if it pays a tax) upon its separate property,
equal, at its cost value, to the amount of such capital
stock, and so pro rata in theproportion which its property,
separately taxed, bears to the amount paid of its capital
stock.
19. On the gross amount of all auction sales made
Auction sales. -n or jurjng £pe |-ax year preceding the assessment, ex¬
cept those made by executors, administrators and guar-
7
1862.
dianS, as such, by order of court, or under legal pro¬
cess, and under any deed, will, or mortgage, on1 every
hundred dollars, and at that rate, ten dollars; except
on cargo sales of imported goods, which shall be two
dollars on every hundred dollars.
20. On the gross amount of premiums (after deduct- ingttrancepre.
ing therefrom all return premiums) received from theirEaiunM*
business in this State, during such tax year, by any in¬
surance company not chartered by this State, and doing
business herein, by agent or otherwise, on every hun¬
dred dollars, and at that rate, two dollars: one-half of
which goes to the county where the agency is located
or doing business, and the other half to the State.
2!L On every pack, or part of a pack of playing cards Plajing cards-
sold, by wholesale or retail, or otherwise disposed of or
psed, during such ttix year, one dollar.
22, On every article, piece of property, or sum ofa^e*.
money, put up or disposed of by raffle, in such tax year,
on each hundred dollars of the amount at which the
same is put up, and at that rate, ten dollars; to be as¬
sessed against the person in possession of the house in
which the raffle is had; and if no house, then against
the person making up such rafle, or the owner of the
article or property.
28. On each gold watch kept for use in such tax year, Gold watches,
by male or female, one dollar. .
24, On every gold safety, vest, or fob chain, silver ^w^ches and
watch,yor clock, kept for use in such tax year, fifty cents, docks?c e
25, On all lawyers, surgeons, physicians, and dentists, trofeAionaiin.
>who have! been three years at the practiee, ten dollars;comes-* '
or at their option, on each hundred dollars of their in^
come derived from such profession, during such tax
year, and at that rate, fifty cents.
26, On every legacy, where letters testamentary have Le„acie8.
not been taken out in this State, received by any per¬
son other than the child, adopted child, grand-child,
brother, sister, father, mother, husband or wife, and on
gll property given by deed, or otherwise, to any such
person, on each hundred dollars of the amount or
value thereof, and at that rate, to be assessed to the
beneficiary, guardian, trustee, or legal representative,'
five dollars.
Sec. 3. Be it farther enacted, That there shall be as- Net profits of
sessed and collected a tax of live percent, upon all net881681
profits derived during tha^-ear ending on the last day
1862.
8
of February, 1863, from the sale, whether at auction or
by private sale, of all liquors, groceries, breadstuff's,
meats, salt, grains, provisions, leather, hides, shoes, to¬
bacco, cotton, horses, mules, negroes, beef cattle, hogs,
bagging, rope, guns, pistols, powder, shot, lead, per¬
cussion caps, candles, cigars, jewelry, gold and silver
plate, and plate of other sorts, snuffj fruit, confection¬
eries, drugs, medicines, dye-stuffs, hardware, queeus-
ware, earthenware, cutlery, and all other kinds of mer¬
chandize or commodities sold during said year, which
may have been obtained by purchase or barter, whether
such purchase or barter was made before or after the
first day of March, 1862; and on each free bank of this
State, including the Savings Bank of Mobile, on each
hundred dollars of its stock there sjiall be assessed and
collected a sum equal to thrice the amount of the tax
levied on land. There shall also be assessed and col¬
lected a tax of [five per-cent, on the net profits of
agents, brokers, or factors for the purchase or sale of
•cotton or other articles of merchandize, either on do¬
mestic or foreign account; also, on commissions of auc¬
tion sales of any of the articles herein enumerated:
and whenever goods, wares, merchandize, or property
of any kind enumerated in this section, is the property
of non-residents of this State, and sold at auction in
this State, the same shall be subject to a tax of two per
cent.; and the auctioneer selling such goods shall be
hqld liable to pay the same under the penalties herein
prescribed in other cases. And in estimating the pro¬
fits under this section, it shall be done in reference to
the original price'paid to the producer or manufacturer,
or paid by the importer, adding in all cases the expense
of transportation, insurance, exchange, and all other
bona fide expenses.
Sec. 4. Be it further enacted, That there shall be as¬
sessed and collected a tax of five per cent, on the net
profits derived during the year ending on the last day
of February, 1863, from all rail roads, steam boats, om^
nibuses, stage coaches, hacks, warehouses, drays, saw,
grist, and other mills,fdistilleries, breweries, tanneries,
foundries, forges, hotels, restaurants, establishments for
manufacturing or repairing shoes, harness, hats, carri-
ges, wagons, guns, pistols, pikes, bowie knives, estab¬
lishments for manufacturing iron, woolen and cotton
goods, cotton-yarns, or for qarding and spinning woo
9
1862.
6r cotton, mining, quarrying, working marble, and all
other kinds of manufacturing establishments, presses
for compressing cotton, printing establishments, cotton
pickeries, wharves, toll bridges, ferries, and'livery sta¬
bles } also a tax of five per cent, upon the net profits
realized by any express company, telegraph and gas
companies, brokers and dealers in exchange.
Sec. 5. Be it farther enacted, That in estimating the How set profits
net profits under the preceding section, it shall be done ted!!0 08 ima
in reference to the amount of capital actually invested
and necessarily employed, and shall include the profits
on sales and re-sales, made directly or indirectly, either
in or out of this State. f
Sec. 6. Be it farther enacted, That no tax shall
assessed and collected upon the capital employed in any JjJ®1
business .the net profits of which are taxed by any lawttu* .
of this State, except on capital employed in tanneries, Exception,
and establishments for manufacturing woolen or cotton
goods, Cotton yarns, or in the manufacture and sale of
shoes, or invested in steam boats.
Sec. 7. Be it farther enacted, That upon all notes or chan?e mis or
bills, drafts, orders, checks, certificates of deposit, or
paper of any kind or form, heretofore emitted without1^-
the authority of the law of Alabama, by and on behalf
of, or for the benefit of any resident of this State, or
on the befialf of, or for the benefit of any corporation
created by or under any law of this State, or doing bu¬
siness in tins State, or on behalf of, or for the benefit of
any individual or partnership in this State, to answer
the purposes of money, or for circulation as money or
change.bills, whether made or emitted in or out of the
State, there shall be assessed and collected on the
amount Of all such notes, bills, drafts, orders, checks,
Certificates of deposit, or paper money of any kind or
form, so emitted or put into circulation,' a tax of tw6
and one-half per cent, for the tax year ending on the For each year
last day of February, 1863; and for each tax year there- thereaft«*
after, there shall be assessed and collected a tax of fif¬
teen per cent, upon such amount as may be outstand¬
ing and unredeemed at the commencement of such tax
year: Provided, however, That every kind of paper re-Proviso as to
ferred to or mentioned above in this section, emitted
by any court of county commissioners, or any nrnnici-®?^*1^
pal corporation in this State, shall be exempt from tax-fioas- ra
atiou.
1862.
10
Sec. 8. Beit further enacted, That the establishment
of the rates of taxation in the preceding section shall
be a repeal of all penalties and penal laws as to every
kind and form of paper in said section embraced, which
has heretofore been made and emitted, but shall not be
Repeal of certain a repeal of any existing law as to any such paper here-
penaities. after made and emitted, or which may be hereafter re¬
issued: Provided, The benefits of this section shall
Proviso. no^ apply to any party who fails, on presentation, to
redeem any kind or form of paper herein embraced.
Sec. 9. Be it further enacted, That upon all cotton
hereafter planted and gathered, there shall, tor each
Cand°agatht?edd year» assessed and collected on each pound of seed
hereafter. cotton, over and above twenty-five hundred pounds of
seed cotton, made and gathered during the tax year, to
every full hand emplo3red in raising and gathering the
same, by any one party, or on any one plantation or
farm, a tax of ten cents per pound for every pound of
excess over and above twenty-five hundred pounds to
each full hand employed in raising and gathering the
same; or if the crop be ginned, then every pound of
ginned cotton shall be estimated as equal to four pounds
of seed cotton: Provided, That no tax shall be im-
Pronso. posed on any cotton planted after the proclamation of
the governor announcing that peace has been made be¬
tween the Confederate States and the United States,
or that the blockade of the ports of the Confederate
States has been removed,
profits under sEc. 10. Be it further enacted, That upon profits un-
Confederate con- - . ;. 7 r n i
tract. der contracts with parties who, by reason or such con¬
tracts, are released and exempted from military service
in the army of the Confederate States, there shall be
assessed and collected a tax of ten per cent. And upon
all wages or salaries of persons who, by reason of any
wages or saia-engagement, appointment, or contract in any depart-
rateEmployees*, ment of the Confederate Government are exempted
from conscription, ten per cent, on such wages or salary.
Sec. 11, Be it further enacted, That all persons en¬
gaged in any business, or pursuit, the receipts, sales,
profits, commissions and salaries of which, or capital
Wment» under6" employed in which, are subject to assessment and taxa¬
tion under the provisions of this act, shall furnish a
written statement, under oath, of such receipts, sales,
salaries, commissions, profits or capital, to the assessor;
11
1862,
and any person willfully failing or refusing to do so
shall be guilty of a misdemeanor, and on conviction
thereof must be fined not more than two thousand dol¬
lars, and may be imprisoned not more than one year,
one or boths at the discretion of the jury trying the
case.
Sec. 12. Be it further enacted, That to enable the as- Authority coa-
sessors more fully and thoroughly tp carry out the pro- orrJ.e on sseas"
visions of this act, and other laws of the State, on the
subject of revenue, they are hereby authorized and em¬
powered to examine any other person on path as to
the correctness of any list of assessment that may be
rendered, pr as to the correctness of the valuation of
any property assessed; and it is made the special duty
of assessors to inquire into the correctness of all lists
of assessment rendered, ^s well as the fairness of the
Valuation under every assessment, and whenever he'
shall have reason to suspect that either the one or the
other has not been correctly and fairly given in, he shall
call in such persons as are likely to know as to the cor¬
rectness of the assessment, or fairness of the valuation,
knd examine them on oath in relation to such assess¬
ment, or valuation; and any person refusing to be ex¬
amined, or withholding any information on such exam¬
ination, shall be guilty of a misdemeanor, and on
conviction thereof shall be fined not less than five hum
dred dollars, at the discretion of the jury trying the
case.
Sec. 18. Be it further enacted, That it is hereby made Duty 0f comp-
the duty of the comptroller to see that the assessmente^on^steam"-
of taxes on steamboats and other water crafts, wharves, boat* &o.
toll bridges, ferries, turnpikes, foundries, &e., is duly
observed and executed, and for this purpose he may
appoint an agent, or attorney, in any of the principal
cities or towns, or any other prominent point in the
State, and allow to such attorney, or agent, a fair com¬
pensation for his services. It shall also be his duty to
inquire into and correct past omissions to assess and Further
collect the tax on the items above named in this sec-,
tion.
Sec. 14. Be it further enacted, That it shall be the cbnmisshmers'
duty of the commissioners' courts of the several couu-^r^°pa^yi8a
ties to revise and compare the assessment list, and it, in
their opinion, there is any omission, discrepancy, irreg¬
ularity, or error in, the assessment, or valuatiou of pro-
1862.
12
perty, profits, or salaries, they shall, so far as to any
such supposed omission, discrepancy, irregularity or
error5 direct a re-assessment to be made, either by the
assessor or such other person or persons as they may
deem most suitable and competent.
Sec. 15. Be it further enacted, That if any person
shall fail or refuse to render to the assessor of the pro¬
per county a correct list or statement of all property
and profits, including salaries subject to taxation, or
shall otherwise evade, or attempt to evade, a compli-
Penaity for in-ance with the revenue laws of this State, he or she
correct list, 8]iall guilty of a misdemeanor, and t)n conviction
fined and imprisoned, one or both, at the discretion of
the jury trying the case: one-half of any fine imposed
under the provisions of this section shall be paid to any
person informing the grand jury of the oft'ense, and
such informer shall be a competent witness in all trials
against such offenders.
Sec. 16. Be it farther enacted, That the ascertainment
valuation to be of a-11 values and amounts under the revenue laws of
paper currency. this State shall be upon the basis of the paper currency
receivable in payment of taxes at the time the assess¬
ment is made.
Sec. 17. Be it farther enacted, That it shall be the
diXibute"lank duty of the comptroller of public accounts to have
forms. printed and distributed, to the assessors and collectors
of the several counties of this State, blank forms set¬
ting forth each item of taxation, and that each party
giving in any property or item subject to taxation shall
give in the same in the form prescribed in the assess¬
ment list, subscribed and sworn to; all of which lists
shall be filed in the office of the judge of probate.
Collector to an Sec. 18. Be it farther enacted, That the collector shall
"uch tax-paye" UP a blank for each tax payer, setting forth the
items on which he pays tax, according to assessment,
and that he receipt the same; and upon the failure of
enaity for fail- any assessor or collector to comply with the provisions
s of this, or the preceding section, he shall be guilty of
a misdemeanor, and on conviction fined at the discre¬
tion of the jury trying the case.
Sec. 19. Be it farther enacted, That it shall be the
Si^oner^oT duty commissioner of the land office annually
Land office. to furnish the comptroller of public accounts with a
statement of the number of acres of land sold and
entered in the State—shewing the number of acres in
■1862.
each county j also, the number of acres of land unsold
in the State, and the number of acres belonging to or
reserved for railroads in the State; shewing also the
number of acres vacant and the number belonging to
or reserved for railroads in each county.
Sec. 20. Be it further enacted, That it is hereby made annuPa\ro"tpornt
the duty of the comptroller of public accounts, in hismostshow,&e.
annual report, to show the number of acres of land
subject to taxation in the State, the number of acres
taxable in each county, and the number actually as¬
sessed and paying tax in each county; also, the quan¬
tity of vacant lands in the State, the quantity belong¬
ing to or reserved for railroads in the State, as well as
the quantity of each class in the several counties of
the State.
Sec. 21. Be it further enacted, That the tax year shall ta* year,
he the year ending on the last day of February in each
year.
Sec. 22. Be it further enacted, That all laws and parts certain laws re-
of laws in conflict with the provisions of this act be,peale<t>
and the same are, hereby repealed; and that all laws
and parts of laws not in conflict therewith be, and the
same are, hereby continued in force, and phall be em¬
braced in any compilation of the laws on the subject unueVin^ce!
of revenue that has been, or maybe, provided for by
any act oi this general assembly.
Sec. 24. Be it further enacted, That the followiug taxes Taxes aaducen-
and licenses shall be assessed and collected by the judge la ^Probate
of probate, to-wit: Judges.
1. On every legacy subject, under the provisions of
this act to assessment, left by any will, on which let¬
ters testamentary are taken out in this State, there
must be assessed and collected, by the judge of probate
of the county in which such letters are taken out, on
every hundred dollars, and at that rate, of the value or Legacies
amount, flve dollars; and if not paid on the receipt of
such legacy, such judge must issue execution for the
amount of such assessment, against the executor, or
administrator, and his securities, to be collected and
returned as other executions from the probate court.
2. On each lecture, to which entrance fees are charged, lectures,
four dollars; if not paid to the judge of probate on de¬
mand, the lecturer to be brought before such judge,
and fined ten dollars for each lecture he has failed tp
a?a/ foiF Pn demands
1862.
14
Certificate uftdef
official sea).
ticeases,
Betall.
Auctioneers.
Daguerreotyp-
lsts, Ac.
Dentists,
Billiard tables.
Bagatelle.
Ten-pin Alley.
8. On each certificate, under their official seal, ex¬
cept for the benefit of a soldier, or his fam.ily;, and on,
all licenses, except marriage licenses, the judge of pro-
hate must collect a tax of fifty cents.
4. Licenses are to be granted and issued on the pay¬
ment of the following sums as State tax, the county
tax thereon, and fees:
5. To retail, for one year, spirituous or vinous liquors,
on any steamboat or water craft, one hundred and
twenty dollars; in a city, or town having more than
one thousand inhabitants, one hundred and fifty dol¬
lars; iti a city, town or village having more than five
hundred, and less than one thousand inhabitants, eighty
dollars; in cities, towns and villages having less than
five hundred inhabitants, sixty dollars; and in the
country, forty dollars.
6. To carry on the business of an auctioneer through-
Put the State, for one year, forty dollars.
7. To practice or carry on the business, for one year,
of a daguerreotypistj ambrotypist, photographist, or
any modification, or improvement, or form thereof, in
taking pictures, either on glass, paper, metal, or in any
other way, by whatsoever name they may be known,
or may call themselves, at one station in the county,
or in a village not having more than five hundied in--
habitants, ten dollars; in towns with not more than
four thousand inhabitants, fifty dollars; to practice the
art generally, anywhere in the State, one hundred dol¬
lars.
8. To carry on the business of dentistry, by any
transient dentist, who has not been a resident of the
State for twelve months, for one year, throughout the
State, one hundred dollars.
9. To keep a billiard table for public play, for one
year, one "hundred and fifty dollars; at a watering place,
for six months, seventy-five dollars; but if used for a
longer time than the six months, under any pretence,
the owner or proprietor of the table shall be liable to
indictment in the same manner as if no license had
been granted.
10. To keep a bagatelle table for public play, for one
year, twenty dollars.
11. To keep a ten-pin alley, or alley of the like kind,
for public play, for one year, forty dollars; at a water¬
ing place for six months, twenty dollars; .but if used
15
11862.
for a longer time than six months, the same penalty Is
imposed as for a billiard table.
12. To keep any other table, stand or place, for any Any other table,
other game or play, with or without a name, for oneatand or place"
year, unless for exercise or amusement only, and not
prohibited by law, twenty dollars.
18. To keep a public race track, for one year, on a#ce
ery hundred dollars, and at that rate, of the gross an- ra
nual income, as near as the same can be ascertained, ten
dollars; but in no case less than fifty dollars.
14. For theatres in a city, two hundred dollars; in Theatre*,
a village or watering place, sixty dollars for one year.
15. For concerts or musical entertainments for pro-Concert*,
fit, for each, ten dollars.
16. To exhibit, for profit, any museum, wax works,
menageries, or curiosities of any kind, except paintings Mena-
and statuary, on each day's and night's exhibition,8ene8'
tweuty dollars.
IT. To exhibit dwarfs, persons of unusual size, or ExhiblttoM ^
persons or animals deformed, throughout the State, for Dwarfs, &c.
any one day, fifty dollars; but not to exceed two hun¬
dred dollars for any number of exhibitions in the same
place, on consecutive days, exclusive of Sundays.
18. Fot the exhibition of a circus, feats of activity, cirou*e», &c.
and sleight of hand, for each exhibition, not exceeding
twenty-four hours, twenty dollars.
19.. To peddle for one year, on any one steamboat or P^aiing.
water craft, one thousand dollars; in a wagon, for each
wagon in a county, one thousand dollars; for each
horse in a county, five hundred dollars; on foot in each
county, tfiree hundred dollars for each person.
20. For exhibiting spirit rappings, spiritual manifes- spirit-rapping,
tations, or other device, by whatsoever name called,
which professes to reveal communications from the
spirits of the living or the dead, for profit or otherwise,
five hundred dollars for each day they shall exhibit.
21. To sell, offer, or expose for sale, by a negro trader, ofliavej0'8ale
broker or agent, for the sale of slaves, twenty dollars
on each slave; but this tax is not to be imposed on
such slaves as may be sold on commission for citizens
pf this State, when the owner or owners, or any one of
them, or the auctioneer, broker or agent, will make 9 r«»»dents.
affidavit in writing, to whom such slaves belong, that
such owner or owners of such slaves are residents of
this State, aud have owned such slaves for more than
1862.
16
one year immediately preceding such sale, offer, or ex¬
posure for sale, and upon which slaves the regular
State and county taxes for the year in which such pro¬
perty may be sold, shall have been paid before such
sale; but shall in no case apply to any slaves owned by
any trader, broker or auctioneer, or other person sell-
License must set ^ , .. ; -Vr,,
forth. l.ng slaves on speculation, or as a business. I he license
to authorize the sale, offer, or exposure for sale, in any
county of the State, must set forth the name and de¬
scription of the slaves, except in the case of small chil¬
dren having no name, which must be described by their
ages.
22. All licenses, unless otherwise declared by law,
License declared must be for one year, and confined to the county in
to be for one \ -ii • -i r-
year. which they are granted; and when issued for retailing,
keeping billiard tables, ten-pin alleys, or alleys of the
like kind, or any stand, table, or place .for any other,
game or play, to one place only in the county; and in
all cases to the person alone to whom the license is
granted; and it is hereby expressly made the duty of
the judge of probate of each county, by himself or
agent, to inquire of every person doing, or offering to
do, any business for which a license is required, and
ascertain whether the law has been complied with, and
if not, to cause the person to be bound over to court.
23. If any person does any act, engages in any busi-
without license, ness, keeps any table, opens any theatre, gives any con-
the penalty. cej.^ exhibition, or performance, specified in this act as
the subject of a license, or being a negro trader, broker,
or agent for the sale of slaves, sells, offers, or exposes
for sale any slave, without first obtaining a license
therefor from the proper authority, he is guilty of a
misdemeanor, and, on conviction, must be fined at the
discretion of the jury trying the case; and if the con¬
viction is for selling spirituous or vinous liquors with¬
out a license, the court may imprison the offender not
exceeding sixty days.
24. In those cases in which a license is not confined
Persons to ex-to one county, it is the duty of the iudge of probate to
hibit license in • #*» , i x* 11 * * i •
certaincases. require or the person following the business, or doing
the act, to exhibit his license; and on his failure so to
do, or if he has any reason to suppose that such person
Penalty for fan-has violated the provisions of this section, such judge
iDg' must at once issue his warrant to any sheriff, or con¬
stable, and cause such person to be brought before him,
,1T
1862.
and bntmd 0vef to ttiO text circuit ooiirt of tho county
in a sum e<plal at least to double the amount of the
license money; and failing to give security, he must be
committed to jail until such security is given, or he is
otherwise discharged by law; but if such person, on
being brought before such judge of probate, pays the
amount of license money; county tax, fees, and all costs,
ho may be discharged.
2r>. The judge.of probate of each county must, on
the first day of each circuit court, furnish to the fore- rebate judge
man of the grand jury a statement in writing, showing a"andfjury.h ^
the licenses granted und,er this act, within two years
preceding such court, to whom, and for what, such
license was granted; and failing so to do, on convic¬
tion, must be fined not less than one hundred dollars.
Approved, Bee. 9, 1862.
To amend an act, approved Bee. T, 1861, entitled an act,
to exepipt from taxation a certain amount of property
of volunteers, and the widows of deceased volunteers.
Sec. 1. Be, it enacted by the Senate and House of Repre¬
sentatives of the State of Alabama in General Assembly
convened. That an act to exempt from taxation a certain
amount of property of volunteers and the widows of
deceased volunteers, approved Becember fth, 1861, be
and the same is hereby amended, by striking out the*soid^i-s^ for
word "volunteers" whenever it occurs, and inserting in "Tolu,lteers-"
lieu thereof the word "soldiers."
Approved, "November IT, 1862.
No. 2.]
AN ACT
No. 3.]
AN ACT
To authorize the Courts of County Commissioners of
the different counties of this State to levy a tax tor
the support of indigent families of soldiers and other
purposes.
Sec. 1. Be it enacted by the Senate and House of Repre-
2
1862.
18
sentativcs of the State of Alabama in General Assembly
convened, That the courts of county'commissioners df
Limit of tax. the different counties of this State are hereby author¬
ized and empowered to levy a tax not exceeding one
hundred per cent, upon the State tax, in the discretion
of the said courts, for the purpose of supporting, main¬
taining and providing for the wants of the indigent
families of soldiers absent in the army of the Confed¬
erate States, the same to be applied and distributed by
the said courts respectively as they may order and pro¬
vide.
F-rmerioiesie Sec. 2. JBe it farther enacted^ That all and every tax
saiut.i, which may have been assessed and levied, and any ap¬
propriation heretofore made by any court of county
commissioners in this State for the purpose specified in
the first section of this act, be and the same is hereby
legalized and made valid, as if the same had been done
in pursuance of law existing at the time of making the
same.
Approved November 8, 1SC2.
No. 4.] AN ACT
To repeal the tax on County Seals in certain cases.
Sec. 1. Be it enacted by iht Stnale and IT asc of A\y>r:-
Scnta,tires of the State of Alabama in Gene ml Asscn I
convened, That the tax on county seals authorized by
section 396 of the Code of Alabama, be and the same
is hereby repealed as to seals upon applications by non¬
commissioned officers and privates, or theor representa¬
tives for pay on account of military services, or on ap¬
plication to extend furloughs.
Approved December 2, 1862.
No. 5.] AN ACT
To prevent Extortion.
Sue. 1. JBe it enaeUd hi the. Senate and JTonof JBcjnxo
io
ism.
scrifiitfr<-<? of the /State of Alabama in General Assembly
conrtncd, That from and after flie passage of this aet'it
shall he required of every person or persons, or associa¬
tion of persons, who may buy, barter or trade for any
bacon, beef, pork, corn, meal, flour, .salt, sugar, molas-. Article,
ses, leather, shoes, hides, cloth, spun 3Tarns, or any goods,
wares or merchandize of any description (except drugs
and medicines) in this State, for the purpose of sale or as''
speculation, to give in the same to the tax assessor of
his county On oath what he, she or they paid for such
article or articles, and what the gross sale of the same
was made at; whereupon, it shall be the duty of said»utyorassessor,
assessor to assess the whole amount of the nett profits
of said sale, except fifteen per cent, on the amount paid Por cent,
for such article or articles, and enter the same on his
appraisement hook, which shall be collected as other
taxes are now collected; JPrbcided, this act shall not be provisd
so construed as to include any live stock bought atid
sold.
Sec. A. Be it farther enacted, That if any person, not A^fo non-resi-
being a citizen of this State, shall buy, barter for sale, en *'
or get possession of any of the above-named articles
within this State, for sale or speculation either in or
out of this State, he shall be guilty of a misdemeanor, offence,
and it shall he the duty Of justices of the p6ace in the
election precinct in which the offence is committed, Tip-
on information, to issue his warrant against the said to be fcound
party so offending, and bind him over to the next cir-
cuit court to answer such charge against him, and if
found guilty shall be fined in any sutn or imprisoned
any length of time at the discretion of the court try¬
ing the same.
Sec. 3. Be it farther enacted, That if any person or a« to thofae who
persons, or association of persons/ shall neglect or re-/elus,e"
fuse to give in his, her, or their tax as required by thb
first section of this act, it shall be the duty of the said
assessor to assess a double tax upon such person or per- tax.
sons, or associations of persons, from the best informa¬
tion he can obtain.
Sec. 4. Be it firth r enacted, That any person who
shall knowingly give in an improper or incorrect list of
big purchases and sales, as required by the first section pe^hy for m-
of this-act, shall on conviction suffer all the pains andcarrefttlist-
penalties inflicted for perjury.
ISec. r>. Be it firthc" enacted, That during the present
1862.
20
unlawful to pur-war between the Confederate States and tlie United
Bam?place?11 in States, k shall not be lawful for any person to purchase
and sell, or purchase for the purpose of selling or hoard¬
ing in the same market or neighborhood where pur¬
chased, any article or thing whatever used or consumed,
or suitable to be used or consumed as food, shoes or
clothing, (except raw cotton) or as material for the pro¬
duction or manufacture of either food, shoes or cloth¬
ing of any kind or description whatever needed for the
From whom pur-support and comfort of the inhabitants of this State,
chased. from any merchant, trader, huckster, producer or other
Exception. person other than the person importing §uch articles in
the State holding the same on sale in such market.
Auction sales Sec. 6. Be it further enacted, That for the period pre-
uniawfui scribed in the preceding section, it shall not be lawful
for any person to sell, or cause to be sold, at auction,
any of the articles of food, shoes or clothing, or mate¬
rials therefor embraced in the preceding section ; Pro¬
vided, that the inhibition of this section shall not apply
judicial sales to judicial sales made in conformity to the requirements
excepted. 0£ or(]er or decree of any court of this State, or of
the Confederate States, nor to any sale made by any
trustee or mortgagee, under a power of sale bona fide
conferred on him for the purpose of securing the pay¬
ment of a debt or debts actually due and owing from
the maker of the deed or mortgage conferring such
power ; and if any person .shall violate or knowingly
aid or abet in the violation of an}' of the provisions of
this or the preceding section of this act, he shall be
guilty of a misdemeauor, and on conviction shall be
Penalty foi-vio-hned in any sum not exceeding twenty thousand dol-
a 10U' lars, and be imprisoned in the county jail for any period
not exceeding twelve months at the discretion of the
jury trying the cause.
Fee for each con- Sec. 7. Be it further enacted, That for each conviction
viotion. under the provisions of this act, the attorney-general
or solicitor shall be entitled to a fee of fifty dollars, to
be taxed against the party convicted, and collected as
Proviso, other costs ; Provided, the Governor by his proclama¬
tion may suspend the operation of this act as to all or
any portion of the articles herein set forth whenever he
thinks the interest of the people of the State demands
it.
Approved December 9, 1862.
21
1862.
]STo. 6.]
AN ACT
To authorize a compilation of the Iievenue Laws, and
their publication in pamphlet form.
Sec. 1. Be it enacted by the Senate and House of JRepre- comptroller
seniatives of the State of Alabama in General Assembly (jenerti11 "loV
concened, That immediately after the adjournment of1Jile"
the present session of the Legislature, or as soon there¬
after as practicable, it shall be the dnt}T of the Comp¬
troller of Public Accounts, under the supervision and
direction of the Attorney General, to collate and com¬
pile all the laws then in force upon the subject of the
revenue of the State, properly arranged by divisions
into chapters and sections, with side notes and index,
so as to be most convenient for understanding and easy
of reference.
Sec. 2. Be it farther enacted, That said revenue laws style of print-
so compiled and arranged shall be printed in pamphlet108'
or book form by the public printers, in the same style
in which the acts of the legislature are required to be
printed, with a paper cover and title page, and that six?^6*' cop-
hundred copies thereof be delivered to the comptroller
by the 10th day of February next, who shall immedi¬
ately send by mail seven copies to each probate judge,How distrii>uted
one for each member of the court of county commis¬
sioners, the tax assessor and tax collector of his county,
and one copy to each member and officer of the gen¬
eral assembty.
Approved December 2, 1862.
To make appropriations for the fiscal year ending on
the 30th day of September, 1863.
section 1. Be it enacted by the Senate and House of Rep-
resentatires of the State of Alabama in General Assembly
ennrtut'd, That the following sums of money be, and
the same are hereby appropriated to be paid to the fol¬
lowing persons, in the payment of claims against the
State for the fiscal year ending on the 30th day of Sep¬
tember, one thousand eight hundred and sixty three:
No. 7.]
AN ACT
1862.
22
ofueTofficer^ the governor of the State, four thousand dollars.
To the State treasurer, eighteen hundred dollars.
To secretary of state, sixteen hundred dollars.
To comptroller of public accounts, two thousand
dollars.
To the superintendent of education, two thousand
dollars.
To the commissioner of public lands, twenty-live hun¬
dred dollars.
To the supreme court reporter, twelve hundred dol¬
lars.
To pay salary of clerk in comptroller's office, one
thousand dollars.
To the judges of the supreme court, each, four thou¬
sand dollars.
To pay salary of clerk in treasurer's office, seven hun¬
dred and fifty dollars.
To the judges of the circuit courts, each, two thousand
dollars.
To the chancellors, each, two thousand dollars.
To the attorney general, four hundred and twenty-
five dollars.
To the solicitors of the judicial circuits, each, two
hundred and fifty dollars.
To the adjutants and inspector generals, four dollars a
day for each day they shall be engaged in the actual
duties of their office, not to exceed two hundred dol¬
lars, each.
To the quartermaster general, three hundred dollars.
To the State armorer, one hundred and fifty dollars.
To the keeper of the State-house, one hundred and
fifty dollars.
To the private secretaries of the governor, fifteen hun¬
dred dollars.
To the marshal of the supreme court and State libra¬
rian, one thousand dollars, to be paid quarterly as other
salaries.
To the principal secretary of the senate and the prin¬
cipal clerk of the house, each,-seven dollars per day for
each day of the extra and present regular session.
To the assistant secretary of the senate, and the as¬
sistant and engrossing clerks of the house, each, six
dollars per day for each day of the extra and present
regular* session.
For the pay of such additional clerks as may be em-'
23
1862.
ployed t>y ihe senate and house, six dollars per day,
Cach, for the nuinher of days so employed.
To the draughtsman in the public land office, twelve
hundred dollars.
To the doorkeepers of the senate and house, each,
five dollars per day.
To the messengers of the house, one dollar pier day,
each.
To the secretary of the senate ana principal clerk of
the house, each, for completing the journals of their
respective houses, arranging and filing away papers in
proper order for the next session of the general assem¬
bly, one hundred and fifty dollars.
To the secretary of state, for copying the journals of
t>oth houses, at the extra and present session, reading
ptoof sheets and superintending the printing of the
same, for placing marginal notes and preparing indexes
to the laws and journals, and the distribution of the
same, four hundred dollars.
For Contingent expenses in the office of superintend
dgnt of education, nine" hundred dollars.
Sec. 2t Be it farther quanted, That the sum of one
thousand dollars, or so much thereof as may be neces¬
sary, be, and the same is hereby appropriated for the
purchase of stationery for the general assembly, execu-iw
five and state offices, and judges of the supreme court,
atidthe comptroller shall draw his warrant therefor on
the presentation of an original voucher, with the certi-*
ficate of the secretary of state that the same is correct.
Sec. 3. Be it farther enacted, That the sum of eight For attribution
hundred dollars is hereby appropriated to pay for the ^aws& Jour"
distribution of the laws and journals of the extra and
present sessions of the general assembly, and the compt*
troller of public accounts shall draw his warrant on
the treasurer in favor of the several agents engaged in
the distribution, upon their producing the certificate
of the secretary of state, that the sums charged are ac¬
cording to contract, and that the services have been
performed.
Sec. 4. Be it farther enacted, That the comptroller of™3^.0* CVmp*
public accounts is hereby authorized and required to
draw his warrant on the State treasurer for the several
bums of money herein appropriated, at the times pay-"
able by law, on th-e production of proper vouchers and
receipts therefor.
18C2.
24
anut5iantion!3d Sec. 5. Be it further enacted, That the sum of fifty
thousand dollars be, and the same is hereby set apart
as a contingent fund, to meet extraordinary expenses
and contingencies, to be drawn on the warrant of the
governor.
Approved, Dec. 9th, 1862.
No. 8.] AN ACT
To pay the Members and Officers of the present Gen¬
eral Assembly.
Section. 1. Be it enacted hy the Senate and House of Rep¬
resentatives of the State of Alabama in General Asstmbly
convened, That the sum of thirty thousand dollars be,
and the same is hereby appropriated out of any money
in the treasury to pay the members and officers of the
present general assembly.
Approved, Nov. 3d, 1862.
No. 9.] AN ACT
Making appropriations for the Military Defense of Al¬
abama.
Section 1. Be it enacted by the Senate and House of Bep-
uovernor to rescntatives of the State of Alabama in General Assembly
araw s or er. ConvenC(^ That the governor be, and he is hereby au¬
thorized to draw his order on the auditor of the treas¬
ury, to defray the expenses of the Pay department,
Quartermaster's department, Commissary department,
Ordnance department and Medical department, to be
How to be paid, paid out of the appropriations under the several acts
"To provide for the public safety," "To provide for
the defense of Mobile," and "For the defense of the
northern part of this State," enacted at the late extra
and'present regular session, or out of any money in
the treasury not otherwise appropriated.
Approved, Dec. 9, 1862.
25
11862.
No. 10.]
AN ACT
Authorizing the transfer of certain funds heretofore
raised for special purposes to the General Fund of
the State Treasury.
Sec. 1. Be it enacted by the Senate and House of Beyre-
snttafives of the State of Alabama in General Assembly
convened, That the entire amount of taxes, realised and
collected, and yet to be collected, under and by virtue
of the "act to provide for an efficient military organiza¬
tion of the State of Alabama," approved the 24th of
February, I860, except so much thereof as may already
have been expended lor the objects for which said taxes
were levied; and also whatever balanceof the fund raised
under and by virtue of the "act to provide a fund for
the aid of indigent families of voluuteers absent in the
army," approved the 11th of November, 1861, and not
already embraced in, and disposed of by the apportion¬
ment made by the comptroller of public accounts for
the object set forth in said act, be and the same are
hereby trsnsferred to, and made a part of the general
fund of the state treasury, to be disposed of and used
as are other moneys therein for general purposes.
Approved December 2, 1862. ^
To legalize certain acts of the Courts of County Com¬
missioners of this State.
Sec. 1. Be it enacted by the Senate and House of Bey-
rtst ntatives of the State of Alabama in General Assembly
convened. That the appropriations of money, and orders ^ t , , ,
-i , ' n xt r ^ i , , J - ' c What acts legal-
and decrees of the courts ot county commissioners ot iz«i.
this State to levy any special tax for the support of in¬
digent families of soldiers, and all orders, decrees and
ordinances made by them, or any of them in good faith
for that purpose, by borrowing the money or the issu¬
ance of bonds or county scrip therefor, be and the same
are hereby legalized ami declared valid.
ISec. 2, Be it further enacted, That in all cases when Duty of court,
appropriation^ of euch money shall have been made^pp
No. 11.]
AN ACT
18G2.
26
shall be made hereafter, it shall be the duty of th6 court
to keep a full and complete account of record of the
sums sp raised, and the amount appropriated, with the
names of persons to whom such relief has been distri¬
buted, when made, for what purpose, and record tlie
evidence of such payment.
Sec. 3. Be It further enacted, That all claims now out-
wuBtyuxei? standing against any of the counties of this State be
receivable by the tax collectors of the respective coun¬
ties in payment of taxes due said counties.
Approved November 7, 18G2.
No. 12.] AN ACT
To provide for the support of the Indigent Families oi
Soldiers in the Army of the Confederate States, from
the State of Alabama.
Sec. 1. Be it enacted by the Senate and House of liep-
resentatives of the State of Alabama in General Assembly
uvomSion°a<A- convened, That the sum of two million dollars be and
lars- the same is hereby appropriated for the support of the
indigent families of soldiers, who have heretofore en¬
tered, or may hereafter eDter the military service of
the Confederate States from the State of Alabama, to
®aow apportion'be apportioned by the comptroller of public accounts
to the several counties of the State, according to the
ascertained number of indigent families in each coun¬
ty, which shall be distributed under the directions of
now distributed. ^e court of county commissioners in such manner as
to them shall seem most equitable and best promote
the objects of this act, by the purchase and distribution
of supplies or provisions as far as practicable, or pay¬
ment of money in whole or in part, when impracticable
Proviso. f° famish provisions: Provided, That five hundred
thousand dollars of the aforesaid sum be held in re-
fenr®;fourthinre' serve by the comptroller, and not paid out unless one
million and five hundred thousand dollars is found to
be insufficient, but in the event the said sum of one
million and five hundred thousand dollars proves to be
insufficient, then the comptroller is hereby authorized
Families of sub- and required to pay out the remainiug sum of five hun-
etilaaries.ot ben" dred thousand dollars: Provided, That no family of any
27
1862.
substitute in tbe army sball be entitled tb any of the
benefits of this act: Provided, however, That the fanii-Proviso as to
lies of deserters from such military service are npt tosertenjf °f e"
be entitled to any of the benefits of this act whilst such,
deserters are known to said court to be out of service:
Provided further, That if any soldier who has hereto- 6ot
fore entered, or may hereafter enter, the military ser- £ntitha,am,Iy
vice of the Confederate States from the State of Ala¬
bama, has no family of his own his next of kin, if
a father and mother, and brothers and sisters, or either
father, mother, brother or sister, or any of these, and
depeudent to auy extent for support upon his earnings,
labor or service, shall be deemed and taken, for all the
purposes of this act, to be his family, and shall, if in¬
digent, be entitled as such family to the benefits of this
act, like other indigent families of soldiers.
Sec. 2. Be it further enacted, That it shall be the du-one-ourthtebe
ty of .the comptroller, immediately after the passage P""1 at 011ce<
of this act, to draw his warrant upon the treasurer of
the State for five hundred thousand dollars of the
amount herein appropriated, and to pay over the same
to the judges of probate of the several counties, in
proportion to the claims of each county, predicated
upon the information which may then be in his posses¬
sion ; to draw and pay over five hundred thousand dol- One-fourth on
lars on the first day of January next, or as soon there- next!* Januar^
after as practicable, and to draw and pay over five
hundred thousand dollars iu the month of May next,
but iu the second and third distributions regard shall
be had in the apportionment to the information, which
may then be iu possession of the comptroller, as to the
number of indigent families in each county, and the
payment to each couhty shall be in such amount as
shall equalize the distribution of the whole amount
distributed up to that time, contemplated in the first
section of this act]; the fourth and final distribution of Pinai aiatribu-
this appropriation shall he made in the month of Au-tion nt August,
gust next: Provided, The comptroller shall be satis¬
fied the wants of said indigent families require it.
Seot JS. Be, it farther enacted, That as soon as a copy
Of this act shall" be received by each probate judge in
this IStute, it shall be his duty to order a special session ofs^0Cmmlaw?on°
of the commissioners' court of his county, and at such«*s1
.session some efficient plan shall be adopted to ascertain
the numbtr [of families of soldiers in their counties,
18o2.
28
who need assistance from the State, in which shall be
included the indigent families of all soldiers who may
have, up to that time, entered the military service of
the Confederate States, except those excluded in the
first section, and as soon as such information can be
obtained, the probate judge shall communicate it to
the comptroller; the same shall be done in the month
of January next, and also in the early part of April
and july next.
Sec. 4. Be it further enacted, That the proceedings
of each court of county commissioners, under this act,
Further duties, shall be duly recorded by the judge of probate, and it
shall be his duty to open an account with each indigent
family, to debit the same with the amount paid for each
article furnished, specifying the article, and also with
such amount as may be paid over in money from time
to time; such books shall be open to the inspection of
any person interested in the provisions of this act.
Sec. 5. Be it further enacted, That if in the opinion
B obate Judge! ^ie court °f county commissioners the bond of any
' judge of probate is insufficient to secure fidelity in the
discharge ot his duties as herein imposed, such fact
shall be reported to the governor, whose duty it shall
be to require ft new or additional bond, with additional
security, so as to secure the disbursement of this fund
without loss to the State, or injury to the indigent.
Sec. 6. Be it farther enacted, That for the purpose of
more effectually guarding against the practice of fraud
Members of com- and partiality, it is hereby made the duty of the iudge
missioners'court r. i_ . j .1 n . ,•
to take an oath, ot probate, and the court of county commissioners ot
each county, at the first term held under this act, to
take an oath' to faithfully and impartially discharge the
duties herein imposed, to use due diligence to ascertain
the actual condition of those who report themselves,
or may be reported by others, as indigent and in need
of aid from the State, and to distribute or expend any
money placed under their control by the provisions of
this act with due regard to economy, and to the ascer¬
tained wants of each family.
Sec. 7. Be it further enacted, That the courts of coun-
Surpiusin cnuu- ty commissioners of this State are hereby empowered
be applied.m<iy to apply any surplus monies, now or hereafter in the
county treasuries, to the support of indigent families
of soldiers, if in their opinion the legitimate wants of
such families demand it,
29
1862,
Sec. 8. Be it further enacted, That as a corhpensation ^mpen^«on°f
to the judges of probate, for the additional services im¬
posed by this act, they shall be entitled to one-half of
one per qent. upon the amount disbursed by them.
Sec. 9. Be it farther enacted, That an act entitled "An F Aet
Act to provide a fund for the aid of indigent families peak-am part."
of volunteers absent in the army," approved November
11, 1861, be and the same is hereby repealed, except so
far as may be necessary to enforce the collection or
disbursement of the tax levied in that act for the year
18C2.
Sec. 10. Be it farther enacted, That' immediately af- Mt t0 print.
tor the passage of this act, three hundred copies of the f4;a"d,howdis*
,x.°1 ir. - ,t -i, i tnbnted.
same be printed, and five copies sent by mail to each
probate judge of this State by the comptroller.
Sec. 11. Be it farther enacted, That if any judge of
probate, commissioner or agent employed in carrying Penaltyfw mig,
out the provisions of this act, shall apply any of the application,
funds, or articles, which may come into his hands, to
his own use, shall be deemed guilty of embezzlement,
and be liable to indictment therefor, and on conviction
shall be punished as if he had feloniously stolen such
funds, or articles.
Sec. 12, Be it farther enacted, That the provisions of
this act shall apply to the families of volunteers called, troops.to Bte
or who may be called out by the governor for State de¬
fense, while they are actually in the service of the
State.
Approved, Nov. 12, J862v
No. 13.] AN ACT
In relation to the allowance of extra compensation to
the .Judges of Probate in the several counties of the
State of Alabama.
Sec. 1. Be it enacted by the Senate and House of jRepre- Extra compel
sentaficcs of the State of Alabama in General Assembly de«eae4.may bB
coni'ttied, That it shall be lawful for the courts of coun¬
ty commissioners of the several 'bounties to dectee to
the judges of probate- of their respective counties such
extra compensation as a majority of the commissioners
of said respective courts may determine to be just and
1862v
80
proper, for services which may be hereafter rendered by
such judge j of probate under laws passed for the bene¬
fit of families of indigent soldiers; Providal, however,
that said compensation must be paid out of the treas¬
ury of said counties respectively to the respective
judges.
Approved December 2, 1862.
No. 14.] AN ACT
To authorize the Governor to borrow money on the
credit of the State, to replenish the Treasury until
further provisions is made by law.
Authority to Sec. 1. Be it enacted by ike Senate and House of Bepre-
UaUoa'of^u^"**#tatives of the State of Alabama in Gentrtl Assembly
' convened, That the Governor be and he is hereby au¬
thorized to borrow on the credit of the State, at a rate
of interest not to exceed eight per cent, per annum,
such amount of money as may be necessary to provide
for the demands upon the treasury to meet the appro¬
priations made by the general assembly; Prcr'dcd, that
no money shall be borrowed under the provisions of
this act for a longer period of time than six months.
Approved November 24, 1862,
No. 15.] AN ACT
To authorize the issue and sale of State Bonds.
Author to sell ®EC" "*"* ^ m<~Hed by the Sefiate and House of Bepre-
feondaVpercent, senta lives of the State of Alabama in General Assembly
convened, That the Governor of the State of Alabama
fet swul he is hereby authorized to issue the bonds of
the State for such amount as may be necessary to meet
any deficiency in the Treasury, bearing interest at a
rate not to exceed six per cent, per anpum, with cou-
PA
JL86&
perns attached, and payable at the expiration of twenty-
years alter the date of such bonds; renewable at the
pleasure of the State."
Sec. 2. Be U further enacted. That said bonds may be size of bonds,
issued in such sums, not less than ond hundred dollars
nor tnore than live thousand dollars each, as the Gov¬
ernor shall deem proper. They shall be signed by the
Governor and countersigned by the comptroller ot pub- How s^ned and
lie accounts, and they shall have the great seal of the numbered'
State affixed thereto. The coupons for interest shall
be signed and numbered by a persou or persons to be
appointed by the Governor, and shall be receivable in Conpooa rewtr
payment of all public dues, and the principal shall be fwr publi"
payable at the office of the Treasurer of the State, or
at such other place within the State as the Governor where
may by proclamation appoint for that purpose. Said^"1 ^
bonds may be transferred by delivery, and the faith and
credit of the State of Alabama are hereby pledged for
the payment of interest on said bonds as the same shall
accrue, and for the payment of the principal when the
same shall become due under the provisions of this act.
Sec. 3- Be it further enacted, That the Governor mav
from time to time place said bonds in market, and sefl
at not less than their par value such an amount as shall
be required for the public service, and to meet the Ap¬
propriations which hate been or may be made by the
general assembly. To this end he may advertise for,
and receive bids for such bonds, and employ such agent
or agencies as may be necessary for the purpose ; but
110 bid shall be considered which is not equivalent to
the par tabid of the bonds bid for.
Sec, 4. Be it further enacted, That the bonds issued ba*h f»r Afe
Under the authority of this act may be used as a pledge feau^ns-
to secure the redemption of any note or notes issued
by any free banking institution now organized, or here¬
after to be orgauized and put in operation under the
laws of this State, to the same extent and in the Same
manner that bonds heretofore issued by this State are
authorized to be used; and neither the bonds issued
under the authority of this act, nor the moneys invest¬
ed Jn them, shall be liable to taxation by tbis^tate, nor
by any county, eily or town therein.
Sec*. ,r>. Be if further enacted, That the comptroller of Duty of Cump.
public accounts shall number, register and keep a cor-^11^'
1862.
82
rect account of all the bonds Issued and' disposed of un¬
der this act.
Governor may Sec. 6. Be it farther enacted, Tliat for any portion of
ip-ue treasury the deficiency in the Treasury which may exist at any
tiot6S for den- * ^ *j o
ciency. time, the Governor be and he is hereby authorized, in
lieu of bonds which may be issued and sold as provided
in the first section of this act, to issue treasury notes,
character of redeemable at the option of the State, either in treas-
ttiem. ury notes of the Confederate States or in coupon bonds
of the State, bearing a rate of interest not to exceed
Fundable. five per cent, per annum, payable at the end of twenty
years from their date and renewable at the pleasuie of
ReceivaWefor the State. All treasury notes or coupons of bonds is-
pubiic ues. guej un(ier the provisions of this act shall be received
in payment of all taxes and public dues of every de¬
scription, and for all corporate and county taxes levied
or assessed after the passage of this act. Whenever
the public officers receiving such treasury notes for pub¬
lic dues shall pay them out again, it shall not be deem¬
ed or held that the State is thereby released from its
obligations to pay the same to any holder thereof.
How signed, &c. Sec. 7. Be it further enacted, That the Treasury notes
herein authorized to be issued shall be. signed by the
treasurer and countersigned by the comptroller; and
before any of them shall be paid out, it shall be the
duty of the comptroller to provide and carefully pre¬
serve a book, wherein shall be registered every note is¬
sued under the authority of this act, and in such regis¬
tration shall be embraced the number, date and denom¬
ination of each note issued and paid out; and when
signed, numbered and registered, they shall, before be¬
ing put into circulation, be delivered to the treasurer
of the State and charged on the books of his office as
so much cash to be accounted for.
penalty for forg ^ec. 8. Be it farther eaacicd, That if any person or
ing. persons shall forge or falsely alter any note, bond or
coupon issued by virtue of this act, or shall utter or at¬
tempt to pass any forged or altered note, bond or cou¬
pon, purporting to be issued in pursuance" of this act,
knowing such note, bond or coupon to have been forged
or altered, such person or persons shall be guilty of for¬
gery in the first degree, and shall suffer the pains and
penalties now affixed by law for forgery in the first de¬
gree,
Sec. 9. Be it farther enacted, That the Governor is au-
83 18G2.
thorized to pay the person or persons employed by him Pay f(r gi
to sign and number coupons, and to number date and coupons.sisiims
fill up the same, such compensation as he may deem
just, either by the day or by the thousand numbers and
signatures.
Approved December 9, 1862.
No. 16.] AN ACT
To authorize the issuance of Treasury Note Change
Bills by the State of Alabama.
Sep. 1. Be it enacted by the Senate and House of Repre¬
sentatives of the State of Alabama in General Assembly Authority 0f th«
convened, That the governor of this state be, and he is,sovemor-
hereby authorised to have either lithographed or en¬
graved, with his signature thereto attached, two mil¬
lions dollars of treasury notes of the State of Alabama,Extentof lsM,e>
of the denomination of one dollar and the fractional .
. > ,, _ , . . Denominations,
parts ot a dollar, for the purpose of change circulation,
the notes of the denomination of one dollar shall be
countersigned by the comptroller, or by some person
for him, to be appointed by the governor; and the said
treasury notes shall be, in substance, of the following
form i
" The State of Alabama will pay to the bearer
cents, (or one dollar, as the denomination requires,} re-Fomiofthenot9
deemable in Confederate States treasury notes, when
presented at the state treasury, in sums of twenty dol¬
lars, of upwards."
Sec. 2. Be it further enacted, That whenever, and as Oovemcr to de-
fast as said notes shall be prepared and received by the l^uer.10 COinp"
governor, he shall be authorised to deliver them to the
comptroller of this state, and take his receipt for the
same.
Sec. 3. Be it further enacted, That the said comptrol- m-
ler shall be required to procure a book of registration, J^y assistants
and he is hereby authorized to employ assistants, to
whom a reasonable compensation for such services shall
bo paid by the state, not to exceed five dollars per day,
and for which the comptroller may draw his warrant on
the treasurer; and said comptroller shall cause his as-Dut™ of asaot-
eistants to number, register and prepare said treasuryuat3,
3
1862.
84
notes for circulation, and when said notes shall be num¬
bered, registered and prepared, the said comptroller
shall, from time to time, as fast as prepared, deliver
them to the treasurer of the state, as currency for cir¬
culation, and take his receipt for the same.
how treasurer ®EC# ^G ^ fur^er enacted, That said treasury notes
may pay out such shall, and may be, paid out and used by said treasurer
bms.&c. ag currency, in liquidation of claims for appropriations,
or debts owing by the state, or he may exchange them
or any part of them for current bank notes, or the notes
of the Confederate States of America,
iteeeiv He fdr Sec. 5. Beit further enacted, That said treasury notes
pu lie dues. shall be receivable by all tax collectors in payment of
taxes, and all other dues to the state.
Approved November 8,1862.
No. 17.] AN ACT
To amend An act to authorize the Issuance of Treas¬
ury Note Change Bills by the State of Alabama.
Section 1. Be it enacted hy the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly
convened, That the governor of the State be, and he is
Governor may hereby authorized to employ as many persons as he
t™countersi€n? may deem necessary, to countersign, in the name of
the comptroller, the one dollar treasury notes author¬
ized to be issued and countersigned by an Act to au¬
thorize the issuance of treasury note change bills by
the State of Alabama, approved the 8th day of Novem¬
ber, 1862.
Sec. 2. Be it further enat/cd, That the comptroller of
em^ioy.°ilermay tbe State be, and he is hereby authorized to employ as
many assistants as may be necessary to" speedily num¬
ber and prepare said -change notes for circulation, and
Manner of pay- to pay for said assistants in the manner prescribed by
meat- said act, either by the day or by the thousand notes, as
he may find to be most economical.
Sec. 3. Be it further enacted, That if any person, or per-
ingnoBrcirculating sons, shall counterfeit, forge, or falsely alter any note is-
torged notes. SUed by virtue of the act to which this is an amend¬
ment, or shall counterfeit, alter, or attempt to pass any
counterfeit, forged, or altered note issued in pursuance
85
1862.
of t"he. act aforesaid, knowing suck note to be counter¬
feit, forged, or altered, such person, or persons, on con¬
viction thereof in the proper circuit court, shall suffer
the pains and penalties now affixed by law for forgery
in the first degree.
Sec. 4. Be it further enacted, That it $hall be the duty Duty of treasur-
of the treasurer to pay out said change bills in paying er*
to the several counties of the State the sUm appropria¬
ted to them for the support oi indigent families of sol¬
diers, Whenever he finds it practicable so to do; and to
make such other distribution of said change bills as
will give to them the most general circulation through¬
out the State.
Sec. 5. Be it further enacted, That the act mentionedIssueextended-
in the first section of this act be, and is hereby amend¬
ed so as to authorize the governor to cause to be issued
any amount of the treasury note change bills of the
denominations referred to in said act, necessary for
change circulation, not exceeding in the aggregate
three and one-half millions of dollars.
Approved, Dec. 4, 1862.
Ho. 18.] AH ACT
To amerid An act to authorize the Issuance of Treas¬
ury Hote Change Bills by the State of Alabama.
Section 1. Be it enacted by the Senate and House of Bepr
restntatives of the State of Alabama in General Assembly
convened, That the sum of ohe hundred thousand dol¬
lars be, and the same is hereby appropriated out of the ofPon^und°^
State treasury to defray all expenses which may be in- ^8u^,°d d<£
curred by the governor in the*execution of the "Acta"!orexpen
to authorize the issuance of treasury note change bills
by the State of Alabama," approved on the 8th Ho-
veraber, 1862, which sum, or so much thereof as may
bo necessary, shall be drawn by the warrant of the
comptroller on the treasurer, which warrant shall be
countersigned by the governor.
Approved, Dec. 4, 1862.
1862.
86
No. 19.] AN ACT
To place at the disposal of the Governor an additional
sum to carry into effect the Act to authorize the Is¬
suance of Treasury Note Change Bills by the State
of Alabama.,
Section 1. Be it enacted by the Senate and House of Hep-
resentaiwes of the State of Alabama in General Assembly
convened, That in addition to the sum of one hundred
Additional fifty thousand dollars heretofore appropriated or placed at
appropriate^318 fhe disposal ot the governor, for the purpose of carry¬
ing into effect the Act to authorize the issuance of treas¬
ury note change bills by the State of Alabama, the sum
of fifty thousand dollars be, and is hereby placed at
the disposal of the governor for the same purpose, to
be drawn from the State treasury upon his order, in
such sums and at such times as he shall think necessary.
Approved, Dec. 9, 1862.
No. 20.] AN ACT
To authorize the Governor to do certain things therein
named.
Sec. 1. Be it enacted by the Senate and House of Repre*
sentatives of the State of Alabama in General Assembly
convened, I hat if at any time, in the opinion of the go-
Authority to re-yernor, the safety of the capital of the State shall be
wrds,Pmoney,r in danger from the public enemy, he be, and is hereby
authorized to cause the public records, hooks, and
papers, and property of all kinds in the offices of the
several departments of this State, together with all the
currency, and gold and silver in the treasuiy of the
wfchpiao^of're- State, removed to a place of safety, and all lawful acts
uiofol 0f officers of either of said departments, done at
such place, shall be as valid to all intents and purposes
as if the same had been performed at Montgomery,
and neither the said officers, or any of their sureties,
shall be released by such removal from any official lia¬
bility,
Expenses prori- Sec. 2. Be it further enacted, That the governor be,
dedfur' and he is hereby authorized to draw his warrant on the
3 T
1862.
treasurer for whatever amount of money may be ne¬
cessary in carrying into effect the provisions of this'
act.
Approved, Dec. 2, 1862.
No. 21.]
AN ACT
To provide for the appointment of Commissioners to
examine th'e offices and accounts of certain public
officers.
Sec. 1. Be, it enacted by the Senate and Souse of Rep- Governor t0 ap_
resentatives of the State of Alabama in General Assembly point, three com-
convened, That the governor is hereby authorized and missloners-
required to appoint three commissioners, whose duty
it shall be to examine the books, accounts, and vouch¬
ers of the State treasurer, comptroller, superintendent
of education, quartermaster, and military auditor, once
in every year, or ofteuer if the governor shall deem it
necessary, and to report the result of their investiga¬
tion to the governor in writing and under oath.
Sec. 2. Be it further enacted, That the governor shall compensation,
allow said commissioners reasonable compensation for
their services, which shall be paid out of the State
treasury on the warrant of the comptroller, to be issued
upon the order of the governor.
Sec. 3. Be it further enacted, That it shall be the duty Communicate to
of the governor to communicate to the general assem-generalas8embly
bly, the first week of its regular sessions, the reports
of' said commissioners.
Approved, Dec. 8, 1862.
Sec. 1. Be it enacted by the San ate and Souse of Bep-
resentatins of the State of Alabama in General Assembly
conn ned, That, to provide for the public safety by
quelling insurrection, preventing or repelling invasion, Governor em-
ii ' • \ j -i.1 ±> JT a powered to lm-
the governor is invested with lull power and authority press slaves,&e.
No. 22.]
AN ACT
To provide for the Public Safety.
1862.
38
to impress the labor of all male slaves between the
ages of eighteen and fifty years, or so many thereof as
he may deem necessary, with the use of tools and im¬
plements, wagons, teams, and harness, which may be
necessary to render the labor of the slaves so impressed
effective, with subsistence for the same; also timber,
cut and growing, and lumber, as well as arms and am-
unition. and ordnance stores, and subsistence, for State
troops actually in service; also steamboats and other
water craft, but unless in the opinion of the governor
the necessity is pressing, or the danger imminent, no
slave shall be impressed from any slaveholder, compa¬
ny, partnership, corporation, or joint owner, owning,
Limitation as to or having in possession less than ten slaves, and no
impressment, slave owner, compan}T, partnership, corporation, or joint
owner, whose slaves are subject to impressment under
this act, in any one year from its passage, shall be re¬
quired to furnish a grealer amount of slave labor than
in the aggregate is equivalent to sixty days' labor for
each slave so subject, unless in the opinion of the go¬
vernor a longer service is necessary, and in estimating
the amount of such labor, credit shall be given for the
labor of any slaves, previously furnished, under the
order or requisition of the governor which may be
proved by affidavits.
Owners who may SEC- 2. Be it farther enacted, That in all cases of im-
seiect overseer, pressment of slaves under the preceding section, the
owners of every thirty slaves impressed may select a
white man to attend on such slayes to perform such
duties connected with their labor police, security, com¬
fort and health, as the governor may direct, who shall
receive two dollars for each day's service.
Governor's Pow- Sec- 3- And be it farther enacted, That the authority
cis^abybtheemni con^erre(^ EPon governor under this act, may be
itary power, exercised and enforced by the military power of the
State, under his orders, or by special agents appointed
by him, and acting under his direction; that any pier-
son in charge or possession of slaves, or any other
property subject to impressment under this act, who
shall resist any officer or agent of the State impressing
such slaves, or other property, or who shall fail or re¬
fuse to deliver the same on demand to such officer, or
agent, or who shall remove or conceal the same with
intent to avoid impressment, shall be guilty of a mis¬
demeanor, and on conviction shall be fined not less
39
1862»
than three hundred dollars, and imprisoned in the for re"
common jail not less than three months; and it is81 1DS'
hereby made the duty of the officer or agent to return
such person to the clerk of the next circuit court of the
county in which the offense is committed by the first
day of the same, whose duty it shall be to report the
same for prosecution to the solicitor before the adjourn¬
ment of the grand jury.
Sec. 4. And be it father enacted, That the governor compensation to
shall, in the first instance, assess a just compensation beassessed-
for the labor of any slaves, the use of implements,
tools, teams, wagons or harness, steamboats or other
water craft, and for any other property impressed un¬
der this act, which, if satisfactory, shall be paid by
warrant on the State treasurer, as provided for under
clause 3 section 3, of an act, entitled an act making
appropriations for the military defense of the State," Proceedings as
approved February 6, 1861, but if not satisfactory thetoaompenBa1ll<)n-
owner shall, within sixty days therefrom, file his dissent
in the office of the clerk of the circuit court of the
county of his residence, and such court shall judicially
ascertain a just compensation for the labor of the slaves,
the use of the tools, implements, wagons, teams, har¬
ness, steamboats or other water craft, and the'value of
any other description of property impressed from the
person so dissenting, and if said compensation exceeds
the amount assessed by the governor1, judgment shall
be rendered in favor of the owner or his personal rep¬
resentatives against the State, which shall be paid as oth¬
er judgments against the State; but if the compensation
so ascertained shall not exceed the amount assessed by
the governor, judgment shall be rendered in favor of
the State against the owner or his personal represen¬
tatives for all the costs of the proceedings; and it shall
be the duty of the solicitor to act as counsel for the
State, who shall, in case judgment is rendered in its
favor, be entitled to receive from the owner, or his
representatives the sum of ten dollars, whieh shall be
taxed in the bill of costs, but nothing contained in this
section shall effect the rights of the owner or his rep-
resentaves to obtain the compensation assessed by the
governor, in case that upon his dissent judgment shall
be rendered in favor of the State.
Sec. 5. And be it further enacted, That from the de- state maj appeal
cision of the circuit court the State shall have the right
1862.
40
to appeal, as provided for in section 3017 of the code,
and the owner, or his representatives, as in other civil
cases.
one miiiiori dm- SEC- 6. And beit further enacted, That the sura of one
iarsappropriated million dollars is appropriated to carry out the provis¬
ions of this act.
Approved, Oct. 31, 1S62.
No. 23.] AN ACT
To amend An act to provide for the Public Safety.
Sec. 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly
convened, That if any person fail or refuse to comply
with the order of any agent, authorized by the govern-
puty of sheriff, or to impress hands, mules, or other property described
orreftfsaftoetmi- said act, to which this is an amendment, it shall be
the govern^1,°f^e sheriff of the county of such person
failing or refusing, On being required in writing by
such agent, to summon an armed posse eomitatus, of not
less than twenty men, from the male residents of said
county, and proceed to the plantation or residence of
such person and seize and take possession of double
the number or quantity of property so impressed and
deliver the same to the said agent, at such place as
said agent may designate, not out of the county afore¬
said.
Sec. 2. Be it further enacted, That for the use of the
No compensation , • -i . 1 r>-T o •
for such property property so seized, the owner so failing and refusing
shall receive no compensation.
Bec. 3. Be it further enacted, That if any sheriff fails
Pematyasto or refuses to comply with the provisions of the first
section hereof, he shall be liable to indictment, and on
conviction shall be fined not less than five hundred
dollars and imprisoned not less than six months, at the
discretion of the jury trying the offense.
!Sec. 4. Be it farther enaettd, That if any person,
Ma^summoS summoned by said sheriff to act as a member of said
to^acf0fuseorposse eomitatus, shall fail or refuse so to do, unless pre¬
vented by sickness or some other cause, deemed a suffi¬
cient excuse by the judge trying the cause, such person
shall be liable to indictment, and on con action be fined
41
1862.
not less than five hundred dollars and imprisoned not
less than six months, at the discretion of the jury try¬
ing the offense.
Approved, Nov. 17, 1862.
No. 24.] AN ACT
Supplementary to An act to provide for the Public
Safety.
Section 1. Be it enacted by the Senate and House of -Rep¬
resentatives of the State of Alabama in General Assembly Qfficer or 8gent
convened, That the officer, or agent who shall take, im- to give receipt,
press, or receive any slaves or other property under the
provisions of said act, shall give the owner or person in
possession of sutih property, a receipt therefor, describ¬
ing the property so taken, impressed or received, and
specifying the time when and the place where the same
was so taken, impressed or received.
Sec. 2. Be it farther enacted, That all property taken r^pertr be
or impressed under the provisions of said act, and notre Ulne '
consumed, destroyed or rendered valueless in its use,
shall be returned to the owner or person from whose
possession it was taken, at the expense of the State, as
soon as practicable after the necessity for i,ts use for the
public defense shall cease.
Sec. 3. Beit further enacted, That the governor shall Governor to give
cause public notice to be given of the names of all 0f-notio® °*agent8,
fleers and agents authorized by him to take or impress
property under the provisions of said act.
Sec. 4. Be it farther enacted, That in impressing arms what arms and
and ammunition under the provisions of said act, at a™p™ition are
least one efficient rifle or shot gun, One pound of pow¬
der, and five pounds of shot, bullets or lead, if owned
hy the person whose arms and ammunition shall be
sought to be impressed, shall be left for his or her de¬
fense, and shall not be impressed or taken without the
consent of such person ; nor shall any ammunition col¬
lected Ivy corporations or associations of citizens for lo¬
cal defense be taken or impressed.
Hec. 5. Be it further enacted, That any agent or offi-penalty foi* ex-
cei of the IState authorized by the governor to impress »«thori-
or take property under the provisions of said act, who
1862.
42
shall wilfully exceed his authority as limited by the
provisions of this act, shall be liable to iudictment
therefor, and on convirtiou thereof shall be fined and
imprisoned at the discretion of the jury trying the of¬
fense.
Approved November 26,1862.
No. 25.] AN ACT
To regulate impressments.
Sec. 1. Beit enacted by the Senate and House of Repre-
sentatives of the State of Alabama in General Assembly
convened,' That from and after the passage of this act,
Regulating seiz- it shall he unlawful for any officer or agent of this state
to seize any wagon, negro, teams of mules or horses,
at any other place than the residence or plantation of
the owner.
Penai for yio ®EC' it f urther enacted, That any officer or agent,
hftion. °r T1°" acting under the impressment act of the present session
of the general assembly, violating the provisions of this
act, shall be subject to a fine of not less than five hun¬
dred dollars, to be recovered by the owner of such wa¬
gon, mules or horses, or negro, before any court having
competent jurisdiction!.
Approved December 9, 1862.
No. 26.] AN ACT
For the defense of the northern part of the State.
Sec. 1. Be it enacted by the Senate and House of Repre¬
sentatives of the State of Alaba?na in General Assembly
one million doi -convened, That the sum of one million dollars, or so
ted. appropna" much thereof as the governor may deem necessary, be
and the same is hereby appropriated to the defense of
the counties in the State on the Tennessee river, and
those adjacent thereto, to be expended under the direc¬
tion of the governor, out of any moneys not otherwise
appropriated.
Approved, November 18, 1862.
48
1862.
No. 27.} AN ACT
To prohibit the distillation of Grain in the State of Ala-^
bama, except tinder the direction and authority of the
Governor.
Sec. 1. Be it enacted by the Senate and House of Repre¬
sentatives of the State of Alabama in General Assembly
convened, That for the purpose of suppressing: the evils Unlawful to dis-
resulting from the distillation of grain as it hath here¬
tofore been carried oil* of securing the proper police of
the country, and Of promoting the common defense and
general welfare, it shall not be lawful for any person,
during the existing war, to distil, or convert into spirit¬
uous or intoxicating liquor, any grain,, or the product
of any grain, unless hereafter employed or authorized
by the governor so to do.
Sect. 2. Be it further enacted, That it is hereby made Governor to pre-
the duty of the governor, on behalf of this state, under ?ioi,ba® regula"
such rules and regulations as he may prescribe, to cause
such an amount of grain to be distilled, or converted
into alcohol or spirituous liquors, as in his judgment is
consistent with the common defense and general wel- Authority of g®-
fare; and he is hereby invested with power, on behalfTernor-
of this state, to make contracts, to appoint agents, with
such powers as he may deem necessary to carry out the
object and provisions of this act, and to do and perform
any other act or thing which he may consider necessary
to enable him to cause such distillation or conversion
to be made, and to cause the alcohol or spirituous li¬
quors, which may be made under the provisions of thisHowtobedi8.
act, to be disposed of in such manner and for such pur-p°sedof*
poses as he deems best calculated to effectuate the- ob¬
ject of this act; and if, from such disposition, any nett
profits shall result to this state, such profits shall be ap$ied?flt8'how
applied by future legislation to the relief of the indi¬
gent families of soldiers in the service of the Confed¬
erate States from this state.
Sec. 3. Be it further enacted, That this act shall go ^en togt)iniQ
into effect at the expiration of ten days from its appro-effect-
val by the governor; and if, afcer this act thus goes
into effect, any person shall distil, or convert into spiritu¬
ous or intoxicating liquor of any kind, any grain, or the
product of any grain, in contravention of the provisions
of this act, such person shall be guilty of a misdemea-
1862.
44
Penalty for vio- nor, and, on indictment therefor and conviction thereof,
lation. ma^T ke ^ne(j any gum jury trying the case may
assess, not less than five hundred dollars nor more than
twenty thousand dollars.
Sec. 4. Be it further enacted, That the sum of thirty
thousand thousand dollars, or so much thereof as may be neces-
douars. sary, be and is hereby appropriated, to enable the gov¬
ernor to carry out the object of this act, to be paid on
his warrant, out of any money in the treasury not oth¬
erwise appropriated.
Penalty as to ®BC* ^ fur^er enacted, That if any agent of the
state agents, governor, or any person by him authorised to distil,
shall sell, or give away, or dispose of any quantity of
spirits so distilled, except in strict accordance with the
instructions of the governor, the person so offending
shall be deemed guilty of a misdemeanor, and, on con¬
viction, be punished by fine of not less than one hun¬
dred dollars, and imprisonment not less than three
months.
Approved December 8, 1862.
No. 28.] AN ACT
To regulate the sale, and exportation of Corn.
Section 1. Be it enacted hi the Senate and House of Rep¬
resentatives of the State of Alabama in General Asseiiihly
convened, That from and after the time this act becomes
License to be ob-of force, no person, except the producer and millers,
ame' shall sell corn, without first obtaining a license from
the judge of probate of the county in which the corn
is to be sold, which license shall authorize the person
or partnership to whom the same is granted to sell corn
in such county, and no other, for one year from the date
proflt.ation °f SUC^ license> and at a profit of not more than twenty
per cent, on the. price paid to the producer, and charges,
exclusive of the license fees and taxes on the same; but
Applicants to no license shall be granted, unless the applicant first
make affidavit ma]ce au(j subscribe an affidavit, in writing, before said
judge, that he will not sell any corn within one year
from the date of the license, should this act remain in
force for that period, at a greater rate of profit than
twenty per cent, on the price paid to the producer, and
45
1862.
chatgeo, exclusive of the fees and taxes on ttie license,
and will sell only in the county in which said license
shall be granted, which affidavit shall be filed in the
office of the judge of probate grantingthe same.
Sec. 2. Be it further enacted, That uo'miller shall sell Millerto obtaln
any corn, except the corn received by him as toll for license in curtain
grinding, unless he be the producer of the same, with-oases"
out first obtaining a license under the preceding sec¬
tion ; nor shall he sell any toll at a higher rate than the
usual market price in the city, town or neighborhood
in which the mill is located,
Sec. 8. Br it further enacted, That the judge of pro- Duties of probate
bate iu each county shall, on the first Monday in eachjwd8e'
month, after this act becomes of force, and so long as
the same continues in force, give notice of every per¬
son to whom licenses, under the first section of this act,
have been granted; which notice shall be affixed to the
court house door, and shall also keep a true record of
the licenses so granted, with the date thereof, which
Shall be subject to the inspection of all persons free
of charge, and a certified copy of the same shall be de¬
livered by said judge to the foreman of the grand jury
at each session of the circuit court held in the county,
and oti the same day on which said grand jury is organ¬
ized.
Sec. 4. Be it further enacted, That any person who Penalty for vie
has a license under this act, and shall sell corn out oflati0B oflloenB®'
the county in TVhich such license is granted, or who
shall sell at a greater profit than twenty per cent on
the price paid to the producer, and charges, exclusive
of the license fees and taxes on the Same, shall, on con¬
viction, be subject to the same punishment and penal¬
ties as if lie had committed wilful perjury; any person,
except the producer, and millers selling toll corn, who
shall, after this act becomes of force, sell any corn with¬
out first obtaining-a license, as required by the first Peaalty ^ -ell.
section, shall be guilty of a misdemeanor, and, on con-i>s? -without u"
victiou, tihall be fiued not less than five hundred dol-cense"
lars, and imprisonment in the common jail not less than
six months.
8ec, 8. Be it further enacted, That any probate judge liability of pro-
who shall fail to comply with the provisions of the third bate jud»e'
section of this act, shall be guilty of a misdemeanor,
•and, on conviction, shall be fined at the discretion of
the jury tiding the pffiense.
1862.
46
penalty for ex- ®EC' 6. Be it further enacted, That from and after the
wUhoutn°e mu ^me w^en ^is act becomes of force, it shall not be
Bion.°u permis lawful for any person to export corn without the limits
of the state, except by the permission of the commis¬
sioners' court of the county from which the corn is to
be exported ; and any person so exporting corn, or any
person aiding or assisting in such exportation, without
such permission, shall be guilty of a misdemeanor,'and,
on conviction, be fined not less than five hundred dol¬
lars, and imprisoned in the common jail not less than six
months; but this section does not apply to the exporta¬
tion of any corn owned by the Confederate government,
or by any of the Confederate states.
Circuit judges to Sec. 7. Be it further enacted, That the circuit judges
charg?is"aot in throughout the state are required to give this act spe¬
cially in charge to the grand jury, and it is made the
duty of each grand jury to inquire rigidly into any vio¬
lation of the same, although no prosecutor appear; and
if, on such inquiry, there is probable ground to believe
. that any violation of this act has been committed, such
diet!1 °m" grand jury shall have no discretion, but are bound to
indict the oftender.
To be published Sec. 8. Be it further enacted, That it shall be the duty
or thVstate!peM the governor to cause this act to be forthwith pub¬
lished in every newspaper in the state, and it shall be
of force from and after the expiration of thirty days
from the date of its approval by the governor, and shall
How long to be remain in force until the expiration of twelve months
in force. after a treaty of peace. between the Confederate States
and the United States.
Approved December 8, 1862.
No. 29.] AN ACT
To prevent the introduction and spread of small pox
in the State of Alabama.
Section 1. Be it enacted by the Senate and Blouse of Btep-
resentatives of the State of Alabama in General Assembly
state agenttob* convened, That it shall be the duty of the Governor to
appointed. appoint an agent for this State, whose duty it shall be
to procure aud keep in a state of preservation an
47
1862.
amount of vaccine virus sufficient for the use of the in¬
habitants of the State of Alabama.
Sec. 2. Be it farther enacted, It shall be the duty of Duties of agent
the said agent thus appointed to appoint one agent fop
each County in this State, and to furnish said county
agents with an amount of vaccine virus sufficient for
the use of their respective counties; it shall also be the
duty of the said agent for the State to issue a circular let¬
ter to the county agents, setting forth the value and ef¬
ficiency of vaccination as a preventative of small pox,
as taught by history and experience, and urge the Vast
importance of prompt and energetic action on the part
of the said county agents, with directions for the pres¬
ervation and proper use of the vaccine virus.
Sec. 3. Be it further enacted, It shall be the duty of Duties of eounty
the several county agents to appoint a sub-agent foragents'
each election precinct in their respective counties, and
furnish said precinct agents with vaccine virus, and
with the circular letter of the agent for the State, upon
the reception of which it shall be the duty of the said
precinct agents to give notice in their respective prej
cincts of their readiness to vaccinate all persons apply¬
ing, or to furnish all discreet persons who may desire
to vaccinate others, with vaccine virus, and to urge up¬
on all persons the great importance and necessity of
availing themselves of the means thus afforded them
for the prevention of this loathsome disease.
Sec. 4. Be it further enacted, That the Governor is one thousand
hereby authorized to draw his warrant on the Treasurer priaklappro"
for one thousand dollars, or so much thereof as may
be necessary to pay the State agent a reasonable com¬
pensation for his services, and the expense he neces¬
sarily incurs in the performance of the dulies imposed
on him by this act.
Approved November 27, 1862.
No. 30.] AN ACT
To aid the Confederate government in providing shoes
for the Alabama soldiers in the Confederate army,
and to impress the materials suitable for such shoes.
Sec. 1. Be it enacted by the Senate and Souse of Hep-
18u2,
43
Appropriation of tf^entatkes of the State of Alabama In General Assembly
two hundred and convened, That in view of the magnitude of the present
«ioiTurs.°UBan war, and under the apprehension that the Confederate
government, without the aid of this State, cannot sup*
ply the troops from this State in the Confederate army
with shoes in due time, the sum of two hundred and
fifty thousand dollars be, and the same is hereby ap¬
propriated, to enable the governor to have fifty thou¬
sand pairs of shoes manufactured or purchased, or such
portion thereof as he may ascertain the wants of the
soldiers from Alabama require.
Sec. 2. Be it farther enacted, That to facilitate the
muni-ate w?tnm* acc°t^plishment of the object of this act, the governor
the confederate shall communicate with, the Confederate government
Government, an(j }nform ^he proper authority thereof of the motives
which prompt the legislative provisions for the partial
supply of shoes for soldiers from Alabama, it being in¬
tended only as aid to the Confederate government.
To that end the governor is hereby authorized to con¬
tract with the Confederate government to ■accept all
the shoes which he may' furnish at such price as may
be agreed on by him and the Confederate government.
Authority to im- Sec. 3. Bt it farther enacted, That in order that the
presa. ' governor may obtain the quantity of shoes mentioned
in the first section of this act without being subjected
to delay or extortion, he is hereby authorized and em¬
powered to take and impress for the public use, in such
manner as he shall think proper, any shoes suitable for
soldiers, and any leather, and any other materials suit¬
able for making such shoes, in the possession of any
person in this State—making just compensation there¬
for out of the money in the first section of this act ap¬
propriated.
restriction as to Sec. 4. Be it farther enacted, That in all impressments
impressment, under the provisions of this act, due regard shall be had
to the wants and necessities of the locality in which
any such impressments is made, and the extent to, and
the price at which the party impressed has contributed
to supply these wants and relieve these necessities, as
well as to the amount of shoes and leather furnished
' the State or Confederate government, and the piicesat
which the same has been furnished,
Approved November 10,1802,
49
1862.
No. 81.]
AN ACT
To provide spinning or cottoil and wool cards.
Section. 1. Be it enacted by the- Setiate and House of Hep- six(y fhoimnd
tesentatioes of the State of Alabama in General Assembly dojjars appropri-
concened, That the sum of sixty thousand dollars isated'
hereby appropriated out of the Treasury of the State
for the immediate purchase of spinning cards in what¬
ever m irket they can be found beyond the limits of
this State.
Stfc. 2. Be it further enacted, That his excellency the
governor is hereby empower d to appoint a suitable agent •
agent, whose duty and business it shall be in the speed¬
iest and most effectual manner to select and purchase
in foreign markets said spinning cards, and to provide
for their transportation and delivery at the office of the
Secretary of State.
SgC. 3. Be 'it further enacted, That when said spin- secretary of
ning cards have been delivered as aforesaid, it shall be ^ea^af^®^*rd
the duty of the Secretary of State to apportjori thethem,
Game in proportion to white population among the
different counties, and to forward the same to the
judges of probate thereof, setting only such price upon
•each pair as shall remunerate the State for the original
putfay, and such incidental expenses as may have arisen
from insurance, transportation or otherwise.
SeO. 4. Be it further enacted, That said agent shall be Com engation .
allowed a just and reasonable compensation fof his rislc,»gSt?nS8ti0H
trouble, time and his expenses, as his excellency may al¬
low to be paid out of any money in the treasury not
otherwise appropriated.
Sec, 5, Be it further enacted, That his excellency the poweraof
governor is hereby clothed with all other powers neces-ernos«
eary to carry this act into full and immediate effect.
^Approved November 8, 1862.
No. 32.]
AN ACT
Supplementary to an act entitled an act to provide Spin¬
ning, or Cotton and "Wool Cards.
8Ed. 1, Be d Enacted by the Senate and House of Bepre-
18u2.
50
senlatives of the State of Alabama in General Assembly
convened, That an act entitled an act to provide spin¬
ning, or cotton and wool cards, shall be so construed as
to authorize the governor to endeavor to procure the
cards, by purchasing sterling exchange and remitting
it to ports beyond the Confederate States, for the pur¬
chase of the cards, and to take the risk for the state of
running them through the blockade.
Approved November 25,1862.
No. 88.] AN ACT
To require all persons to do business in their own
names.
Name of deceas- ®EC* ^ enac^d ty the Senate and House of Bepre-
ed person not to seniatives of the State of Alabama in General Assembly
be used. convened, That hereafter no person or persons shall use,
in the transaction of business, the name or names of
any former partner or partners, nor shall they use the
firm name or style of a deceased partner or partners, or
of any former partner,
penalty tor vio- $ec. 2. Be it further enaeted, That any person violating
iation the provisions of the preceding section, is guilty of a
misdemeanor, and, on conviction, shall be fined in a
sum not less than fifty dollars, at the discretion of the
jury trying the same.
Sec. 3. Be it further enacted, That this act shall not
take effect until six months after its passage.
Approved November 2d, 1862.
No. 34.] AN ACT
To prevent the circulation of Change Bills.
Sec. 1. Be it enacted by the Senate and House of Bepre-
SdcpTiiuer"emlt senlatives of the State of Alabama in General Assembly
convened, That any person, private corporation, or asso¬
ciation, who, without authority of law, makes, emits,
accept^, or agrees to accept, by stamping or otherwise, or
signs, or countersigns, by printing, writing or otherwise,
51
1862„
any paper, or instrument commonly ^lled a shinptas-
ter, to answer the purposes of money, or for general
circulation, such person, and each individual member
of such corporation or association, on conviction, must
be fine 1, for each offense, not less than twenty, nor penalty
more than five hundred dollars, and maybe imprisoned
not less than three, nor more than twelve months, and
the signatures, whether written or printed, shall be
taken as genuine, unless the defeudant denies the same
tinder oath.
Sec. 2. Be it further enacted, That in indictments, un-What
der the preceding section, it is sufficient to charge thatimndiptmenta,
the defendant emitted, passed off, paid out, or circula¬
ted, without authority of law, any paper, or instrument
Called a shinplaster, to answer the purposes of money,
or for general circulation, without further description
of such paper or shinplaster; and proof that any per¬
son, private corporation, or association, and the indi¬
vidual members thereof, emitted, passed oft", paid out,
or circulated any such paper, or instrument called a
shinplaster, of any kind or description whatever, whe¬
ther purporting to be made in or out of this state, shall
be deemed prima facie evidence upon which the grand Grand jury *ith-
jury shall, without any discretion on their part, find aou
true bill.
Sec. 8. Be it further enacted, That it shall be the duty Duty of ^
of the presiding judge to give this act-specially in charge and B«iicttura.
to the grand jury, and it shall be the duty of the soli¬
citors to summon witnesses before the grand jury, to
testify to any violation of this act, and such witness
may be lequired to answer as to any offense against this
law within their knowledge, without in the first in¬
stance inquiring as to any specified offeuse against this
act; and no witness shall be indicted for any offense
against this act, in relation to which he testifies before
the grand jury; and any witness who, after being sum+
moued as a witness, refuses or neglects to attend and
testify, without a good excuse, shall be guilty of a mis¬
demeanor, and may also be proceeded against for conn
tempt.
ISec, 4. Be it further enacted, That any person, private unlawful etx-
corporation, or association, or any individual membercu,at<s-
thereof, who circulates, passes offj or pays out any pa-
paper, or instrument commonly called a shinplaster,
issued without authority of law, and to answer the pur-
1862.
62
poses of money, or for general circulation, fell all be
deemed and held the maker of such paper or shin pi as¬
ter, and any person to whom such paper or shinplaster
is passed or paid may bring suit on the same against
the person passing the same, as maker thereof, and re-
judgment may cover judgment, upon his own oath, upon one day's no-
be recovered. j.-ce pefore any justice of the peace in any county in
this state, without regard to the county in which said
proviso. paper was passed or paid out: Provided, that in the case
of a private corporation or association, having the man¬
agement and control of its business committed to a
president, secretary, treasurer, board of directors, or
other official agency, only such members thereof as held
or assumed to hold such official agency, at the time of
the commission of the offense charged, shall be held
prima facie liable for the acts of such corporation or
association, under the provisions of this act.
Sec. 5. Be it farther enacted, That the provisions of
thoBe who circu- this act, so far they relate to the passing, circulating, or
next!'11 lst Apnl paying out of the paper currency prohibited thereby,
by persons other than the makers, acceptors, or endors¬
ers thereof, shall not be of force until the first day of
April next.
Sec. 6. Be it farther enacted, That all persons, private
Belief. corporations and associations, having heretofore viola¬
ted the provisions of sections 936, 8268, 8269, 8270 and
3271, are hereby relieved from all the pains and penal-
Proviso. ties imposed thereby: Provided, that this section shall
not be construed to deprive any person to whom such
illegal currency has been passed, or paid out as money,
of any civil remedy secured by existing law; and pro-
vided further, that no person, private corporation or as¬
sociation, liable to' redeem any such illegal currency,
and failing or refusing, on presentation and demand, to
redeem the same, shall be entitled to the benefits of
this section; and provided further, that none of the
provisions of this act shall be of force until after ten
days from the date of its approval: Providtd, that the
redemption of such shinplasters shall be made in Con¬
federate or state treasury notes, or in the regular issue
of any chartered bank of this state.
Peea for convio- ^EC* ^G ^ farther enacted, That for each convic-
tio». tion under this act, the prosecuting attorney shall be
entitled to a fee of fifty dollars, to be taxed in the bill
of costs.
53
1862.
Sec. 8* Be it farther enacted, That this act shall be A0t i0 be pnb.
published once a week for four consecutive weeks in lished-
the Montgomery Advertiser and Mail.
Approved December 9, 1862.
No. 35.] AN ACT
To fix tbe time of holding the general elections for
Judges of the Circuit Court, and Judges of Probate
aud other inferior Courts.
Sec. 1. Be it enacted by the Senate and House of Re pre*
sentatives of the State of Alabama in General Assembly
convened, That the general elections for judges of the
circuit courts, and judges of probate, and other inferior
courts in their respective counties, shall be held as often
as riecessary on the first Monday in May,
Approved November 24, 1862.
No. 36.] AN" ACT
Tp amend the law in relation to elections in certain
cases.
Sec. 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly
convened, Whenever a vacancy shall occur in the office
of the judge of probate, clerk of the circuit court* tax
collector, or tax assessor, or pounty treasurer for any
county in this State, by reason of a failure from any
cause in said county to elect such officers, at any gen¬
eral election, where the qualified voters of such county
are authorised by.law to elect such officers, or any of
them, such vacancy must be filled by appointment influx,
the mar ner now prescribed by law in cases of vacancy
therein from other causes.
Seo. 2. Be it fUfHher enacted, If at any general elec¬
tion for governor and members of the general assembly
the qualified electors of. any county in this State shall
from any cause fail to vote for governor and to elect
Representatives to the^eperal assembly^ and the gover-
1862.
64
Special election1101' sliall order a special election for representatives for
to be ordered, the general assembly from such county to be held prior
to the next regular session of such assembly, the quali¬
fied electors of such county who were entitled to vote
at the time of such general election shall be authorized
to vote for governor at s'nch special election for repre-
How conducted, sentatives, and to that end the polls shall be opened,
and the election conducted and the returns thereof
made in all respects according to the law prescribed for
holding elections for governor and representatives at a
regular election.
Sec. 3. Be it farther enacted, In all elections held to
fill the offices of senator to the general assembly, and
representatives in congress, whether general or special,
the returning officer of each county in which such elec-
Keturos to i?e tion shall be held must make a return of such election
Cyeof0stateCbey Bocretary of state by mail, such return being
man. sealed up and deposited in the post office, with postage
prepaid, within three days after the estimate of the vote
is made.
D ,, , . Sec. 4. Be it farther enacted, Any returning officer
Penalty for vio- J ... . . . J n , °
latum. tailing to compl}" with the requisitions ot the preceding
sections, numbered two and three, shall be guilty of a
misdemeanor, and on conviction must be fined not less
than five hundred dollars.
As to state sen- ®EG" it farther enacted, If any general or special
ator or congress- election for senator to the general assembly in a district
,na^■ composed of more than one county, of for a represen¬
tative in the congress of the Confederate States, there
shall from any cause be a failure in any county in such
district to vote for senator or representative in congress,
special election it shall be the duty of the governor to order an election
to be ordered. iu said county at such other time as he may
Notice to be pub- appoint, giving at least twenty days' notice of the time
ltshed, of such election by publication in such newspaper or
newspapers published in the state as he may direct, for
senator or representative in Congress, or both, as the
case may be.
t Sec. G. Be it further enacted, On the fourth Monday
When Fecretarv
of state makes after any general or special election held for the office
estimate. of senator to the general assembly from a district com¬
posed of more than one county, or for representative
to congress, it shall be the duty of the secretary of
state, in the presence of the governor, comptroller and
treasurer, or any one of them, aud of such other per-
55
1862.
sons as may be present, to make a correct estimate of
the returns made undOr the provisions of this act, as¬
certain who is elected, and notify the persons elected by Must notify,
publication in a newspaper: Provided, however, that ifpr0viso.
it shall appear that there was a failure to hold an elec¬
tion in any county constituting a part of such senato¬
rial or congressional district, the secretary of state may
postpone making the estimate of the votes from Such
district, to the end that a special election may be or-speciai election
dered and held in such county, and the returns thereof10 be ®rdered-
he made to the secretary of state; hut such postpone¬
ment of the estimate of the votes for senator or repre¬
sentative in congress must not be extended beyond the Limit «f time as
Saturday before the session of the general assembly, or to est,mate-
the Congress in which the senator or member of con¬
gress to be elected would be entitled to take his seat.
Sec. T. Be it further enacted, If it be ascertained by
the secretary of state, in making an estimate of the Certa?nw^fhow
votes cyst at any general or Special election for repre-trproleed,81^8
sentatiVe in congress, judge of a judicial circuit, or sen¬
ator to the general assembly, from a district composed
of more than one county, that any two or more persons
have received the highest and an equal number of votes
for either Of such offices, in that event the election
must be decided by lot in the manner following: The
secretary of state must write the names of the persons
receiving the highest number of votes on separate
pieces of paper of like size, and roll or fold such pieces
of paper in the same manner as near as may be, so that
the name written therein is not visible, and then de¬
posit the same in a box, and then after shaking the box
draw therefrom one of said pieces of paper, and the per¬
son whose name appears written thereon shall be de¬
clared elected. The decision of such election by lot in
the manner aforesaid, must be conducted in the pres¬
ence of the governor, comptroller, treasurer, attorney
general, or at least two of them, and such other persons
as may desire to be present.
Sec. 8. Be it further enacted, It shall be the duty gPCT(,tl7 of ptate
of the Secretary of State to issue certificates of elec- *0J88hue e'irtifl*
tion on demand by the proper person, to senators elect¬
ed to the general assembly from districts composing
more than one county.
Seo. t). Be it further enacted, That if at any general
election day for judges there shall be afailurefrom any
1862.
56
in case of fail- cause to hold the election in any one county constitu-
G?vernorCVoUa|-^ng a part of the judicial circuit in which such elec-
p°mt. tion 0f judge was authorized by law to be made at that
time, a vacancy shall be deemed to exist in the office of
judge of such circuit, and it shall be filled by appoint¬
ment by the governor and the person appointed thereto
by him shall hold .until-the next regular election day of
judges and until the election and qualification of his
successor.
Approved December 8, 1862.
No. ST.] AN ACT
To authorize the Governor to lease for a period of not
exceeding ten years, to the Confederate Government,
a certain portion of the Saline Deserves.
Sec. 1. Be it enacted by the Senate and House of Tiepre-
Governor! °f lhe sentatives of the State of Alabama in (f neral Assembly
convened, That the governor is authorized to lease for a
period not exceeding ten years, to the Confederate gov¬
ernment, for the purpose of making salt by atmospheric
evaporation, for such time, on such terms, and under
such regulations as he may deem expedient and proper,
any part or portion of the upper saline reserves belong-
Limit of acres. ^ie state, in Clarke county, not exceeding twenty
acres: 'Provided, that, in his opinion, such transfer can
be made without injuriously effecting the operation of
the state or its citizens in making salt on said reserves.
Approved December 9, 1862.
No. 38.] AN ACT
To enable the people of Alabama to procure necessary
supplies of Salt at reasonable prices, and for other
purposes.
Sec. 1. Be it enacted by the Senate and House of Bepre-
Katiflcatioa of sentatiues of the S ate of Alabama in General Assembly
contracts. convened, That all contracts and agreements made since
the adjournment of the last regular session of the gen-
5T
1862.
erai assembly of the State of Alabama, by the Governor
of said State, and for and on behalf of said State, for
the purchase, manufacture and transportation of salt,
for the use of the people of said State, be and the same
are hereby ratified and confirmed.
Sec. 2. Be it further enacted, That the Governor l)e(jovernor3utho
and he is hereby authorized, for and on behalf of said rized to continue
State, to continue the operations of manufacturing saIfc&£suteWorto'
now being1 carried on under his direction upon the up¬
per salt lauds of this State, in the county of Clarke; and
to use such means for the development of the saline
waters of the State, and the speedy and efficient pro¬
duction of salt therefrom, as in his judgment the want3
of the people and the interests of the State may re
quire j and to take such other measures and make such
■ other contracts as he may deem expedient to secure a
timely supply of salt for the people of Alabama.
Sec. S, Be it further enacted, That the Governor of Authorized to
Alabama be and he is hereby authorized, to appoint an comnSLionei!
agent, to be styled the "Salt Commissioner of Alabama,"
to superintend the operations of developing the saline
waters of this State, and the manufacture of salt pro¬
vided for in the preceding section of this act, and to be
removable at the discretion of the Governor. Said
Commissioner shall give bond in the sum of fifty thou¬
sand dollars, payable to the State of Alabama, and ap¬
proved by the Governor, conditioned for the faithful per¬
formance of his duties as such agent and commissioner;
and shall be allowed for his services reasonable compen- compensation of
sation, to be fixed by the Governor, not to exceed thee?.ltUomml8Slon"
rate of two thousand five hundred dollars per annum;
and A. G. McGehee, for the services heretofore rendered
by him as salt commissioner, under appointment of the
Governor, shall be allowed the compensation provided
for in the preceding part of this section.
Sec. 4. Be it further enacted, That the salt manufac-s„u bow to be
tured or purchased under the provisions of this act shall distributes,
be distributed among and sold to the inhabitants of
this State, at prices not to exceed the cost of manufac¬
ture of purchase, and sacking, with transportation and
other incidental expenses added, when not sold at the
place of manufacture or purchase. In the distribution
thereof due regard shall be had for the wants of coun¬
ties remote from means of public transportation ; and
no person shall be entitled to purchase said salt except
1862.
58
for private use, nor in quantities greater than twenty-
five pounds per head for his family, or for individuals
or families bona fide represented by him, until all the
people of the State are supplied,
one hundred Sec. 5. Be it farther enacted, That in order to enable
thousand dollars the Governor to carry out the provisions of this act, the
appropriated. oue hundred thousand dollars, or so much thereof
as may be necessary, be and the same is hereby appro¬
priated out of any money in the treasury not otherwise
appropriated.
Governor may Sec. 6. Be it further enacted, That the Governor
works.°ut the mSLJ any time lease out the said works, or any por¬
tion thereof, and an}' other or any portion of the State
salt works which the State may regain possession of,
by the recission of any existing contract between said
State and John P. Figh, as well as the salt lands be¬
longing to said State, on such terms as the Governor
may deem best for the interests of the State.
Approved December 9, 1862.
ffo. 89.] AfT ACT
To amend an Act supplemental to two several Acts in
relation to Salt, approved December 7, 1861, and the
several Acts to which it is supplemental, and for
other purposes.
Advance author- Sec. ]. Be it enacted by the Senate and House of Ilepre-
ized. , seutatives of the State of Alabama in General Assembly
convened, That for the purpose of encouraging the pro¬
duction of salt by John P. Figh, lessee of certain salt
lands in Clarke county, on which the said lessee has in
operation certain salt works, the governor is hereby au¬
thorized to advance to said lessee a sum of money not
exceeding ten thousand dollars, to be expended by the
Purposes. sa^ lessee in the purchase of additional salt pans, ket¬
tles and boilers, in boring additional wells for supplying
salt water and for the erection of additional furnaces.
To secure fidelity in the use of such advance, the go¬
vernor shall require th.e said lessee to enter into bond
with good security to faithfully comply with the pro¬
visions of this section.
Sec. 2. Be it farther enacted, That the terms of the.
£>9
1862.
lease of the said lessee be, and the same are hereby Terms of lease
changed in the several respects hereafter shown: thechanged-
said lessee shall relinquish to the State of Alabama the
bounty of ten cents per bushel allowed him by existing
laws, and shall deliver to the governor, or to the agent
of the governor, at the place of manufacture, two-fifths How chaBged-
of all the salt hereafter manufactured by said lessee—
the said lessee retaining for himself the other three-
fifths of all the salt hereafter manufactured by him.
Divisions of the salt hereafter manufactured from time
to time by said lessee, shall be rqade as often as re¬
quired by the governor, so as to enable the governor
to procure, as often as he thinks proper, deliveries of
the portions of thesalt to which the State is entitled
by the provisions of this act; and such deliveries must
be made by said lessee as often as required by the go¬
vernor. The said lease shall expire at the termination
of the existing vrar, unless continued afterwards by the
consent of the governor and said lessee. The said les¬
see shall keep a correct account of all salt manufactur¬
ed, and render monthly statements thereof to the go¬
vernor under oath. The governor in person, or by Lands «o set of
agent, shall lay off and set apart to the exclusive use aPailforlesse®
and control of said lessee, so much of the lands inclu¬
ded in his said lease as will secure him against any in¬
terference or hindrance in the enjoyment of his said
lease, pr in the procurement of water adequate to the
supply of any number of boiliug furnaces, machinery
and other fixtures necessary to the full enjoyment of
his said lease. In the event the present war shall close, Certain contin-
or the,lessee be compelled by the enemy to abandon f0eBcy Pr°vided
his salt works and in consequence thereof he be desir¬
ous of abandoning his lease, in such case he shall at
once signify such intention or desir6 to the governor,
who shall thereupon, on the part of the State, relin-
linquish such portion of the advances which shall have
been made to him by the governor, and shall remain
unrefunded : Provided, Such unrefunded portion shall proviso,
have been expended in the purchase of boilers, salt
pane and kettles, and in the erection of furnaces and
boring of wTells, or in other permanent improvements
upon the salt lands included in said lease, and said les¬
see shall turn over to the governor, free of charge, all
the improvements made by said lessee upon said lauds
inoludiug the boilers, salt p^ns, kettles and other fix-
1862.
60
tures or appurtenances to the said salt works used by
him, and not actually worn out or lost or destroyed.
Sec. 3. Be it further enacted, That the governor be,
Governor mav and he is hereby authorized to contract with any other
othe^person's'1 Pers0nj or persons, for the manufacture of salt on any
of the public salt lands in this State, upon such terms
as he may deem just, not inconsistent with the rights
and privileges of said lessee John P. Figh under his
proviso for ben-said lease: Provided, That said lessee John P. Figh
Pigh.°f John ^ shall have the exclusive use and control of all timber"
growing or being upon the lands included in his said
lease during the continuance thereof: And provided
Further proviso .further, That all the timber growing or being upon the
lands known as the upper salt reserve, shall be reserved
and held under the control of the governor or his agent
Governor or for the use of State salt works; and the governor in
agent to locate< person) or by proxy, is hereby authorized and required
to locate all persons other than lessees of the State,
engaged in manufacturing salt upon the public salt
lands, and set apart to each manufacturer, suitable
grounds by metes and bounds, in such manner as to
secure the State works and all lessees under the State,
from hindrance or inconvenience in the prosecution of
manufacturing salt, and to prevent collision between
those who may be manufacturing for their own use:
Proviso inhiMt; Provided, That said lessee Figh shall not sub-let any
sub°m portion of the furnaces or machinery so leased to him
without the consent of the governor: And provided
further, That the governor shall not permit any person
to manufacture any salt upon any of the public salt
. lands, without a contract of lease.
Proviso as to vio- Sec. 4. Be it further enacted, That if any lessee of
traoT °f con" any 8a^t works in this State shall violate the contract
under and by which he leased the same, the governor
is hereby authorized to take immediate possession of
and hold and work the same; and if the exercise of
such authority is resisted, the governor may enforce
the same by the military power of the State.
Sec. 5. Be it further enacted, That the governor shall
cause the salt he may receive under this act from said
be distributed, lessee John P. Figh, or from any other lessee of this
State, to be distributed among the counties according
to their population ; the salt for each county to be
placed under the control of its court of county com¬
missioners, who shall distribute the same among the
61
1862.
citizens of the county, according to their actuaf wants,
giving a preference to the families of soldiers in the
military service of this State or of the Confederate price of Bait.
States; and the governor shall only charge such price
foi1 the salt thus distributed as he deems just and fair.
Sec. (J. Be it further enacted) That this act shall not Act *hen to go
go into effect, in so far as it changes the terras of the ^.effect aB t0
said lease of the said John P. Figh, until he shall sig¬
nify to the governor his assent to the provisions of this
act; which assent, if signified at all, must be signified
In writing signed by him and filed with the governor
within two days after the approval of this act by the
governor. If the said lessee John P. Figh shall not whjt if ngh
© . a il . . n ,, . , v A. Shall not asBeal,
assent to the provisions of this act within the time
aforesaid, he may within that time signify in writing
to the governor his desire to terminate his said lease;
and if he does within that time so signify his desire
to terminate his said lease, he is hereby authorized to
terminate it upon compliance with the terms and con¬
ditions indicated or prescribed in the last sentence
Of the second section of this act; and if said lessee
Fjgh should thus terminate his said lease, the governor What ifleaisel#
is hereby authorized to lease the said lands and pro- terminated.
Jierty embraced by or connected with said lease, with¬
out delay, upon such terms and conditions as he deems
hest for the State.
Approved, Dec. 9, 1862.
40.] AN ACT
To prevent Salt manufactured by any of the Lessees
©f the Public Salt Lands of this State from being
fiold to non-rGsidents of this State.
Sec. 1. Be it enacted by the Senate and Souse of Beprt't0 b,
QeHttitices of the State of Alabama in General Assembly sold or disposed
tionve> ed, That it shall not be lawful for any of the salt the state. °ttt of
toanufactured upon any of the salt lands belonging to
this State, to be carried out of this State, or to be sold,
given or delivered to any person for the purpose of be¬
ing carried out of this State, and if any person shall
Violate, or knowingly aid or abet in violating the pro-Penalty m ^
Visions of this act, he shall be guilty of a misdemeanor,
1862.
62
and on conviction shall be fined in any sura not less
than one thousand dollars, and imprisoned for any pe¬
riod not less than three months, at the discretion or
the jury trying the cause; Prodded^ That the govern¬
or may lease to persons other than residents of this
^alftonon res- Sfcate> S11C^ quantity of the public salt waters as he may
idents. nonres (3eem consistent with the wants of the people ot this
State, and upon such terms as he may deem just; and
i the salt manufactured by such lessees may be carried
out of the State upon the written authority ot the go¬
vernor.
Approved, December 9, 1862.
No. 41.] AN ACT
Dor the benefit of the hospitals established in Rich¬
mond, Ya., for sick and wounded soldiers from Ala¬
bama, also for the benefit of the Military Aid Society
of Mobile, and for other purposes.
Sec. 1. Be it enacted by the Senate and House of Rejpre-
kpvrapriMionotsentatives of the State of Alabama in General Assembly
monThoIpuas!convened, That the sum of thirty thousand dollars, or
so much thereof as may be necessary, be and the same
is hereby appropriated and placed at the disposal of the
governor of this state, for the benefit of the hospitals
established in the city of Richmond for sick and wound-
belxatendedma7 ec* 80ldiers this state in the Confederate army, and
the hospital operations supported by this appropriation
may be extended to any part of the military depart¬
ment of general Robert E. Lee, commanding the army
of the Potomac ; out of the amount appropriated in this
tendemsSuperin"sec^on' governor is authorized to pay the superin¬
tendent of the hospitals such compensation as he may
deem just, and he may take into consideration not only
the services rendered, but also the increased or dimin¬
ished expenses incidental to a residence in Richmond.
Appropriation of Sec. 2. Bt it further enacted, That the sum of four-
ta^Aidfsoc^tyi teen thousand dollars, or so much thereof as maybe
Mowie. necessary, be and the same is hereby appropriated for
the benefit of the Military Aid Society of Mobile, and
that the same be placed under the control of the gov¬
ernor, to be paid over from time to time to such officer
68
1862.
Qt agent? of said society as may be authorized to receive
it, and to be expended as said society may deem, best
for the relief of the sick and wounded soldiers in Mo¬
bile, or at any other place in the military department
now commanded by general Pemberton.
Sec. 8. Be it further enacted, That theTsum of twen¬
ty-five thousand dollars be placed under the control of SK'lJ
the governor, any portion of which may be used by Br*g8'8 *rmy'
him in such manner and in such places as in his judg¬
ment may be proper for the benefit of the sick and
wounded soldiers in the Confederate army from this
State now Unde^ the command of general Bragg.
Sec. 4. Be it further enacted, That the sum of five 3'
thousand dollars be and the same is hereby appropria- ° '
ted to the Soldiers' Home in the city of Montgomery; ^
the sum of twenty-five hundred dollars to the Talla-pu!i,K5oo. 091
ladega hospital; the sum of five thousand dollars tothe«eima Ladies'
Ladies' Aid Society at Selma, and the sum of thirty- ocaSociety'*5*<
five hundred dollars to the Ladies' Aid Society at GmmviHeLa-
Greenville, Alabama. £%oAid£ociet7
Sec. 5. Be it further enacted, That the governor is Howtol)edrawl
authorized to draw his warrant on the auditor of the
treasury for all or any portion of the money appropria¬
ted by this act, to be paid as directed by clause 3, sec¬
tion 3, of an act entitled "an act makingappropriations
for the military defense of the State," approved 6th
February, 1861, and the governor shall cause a state¬
ment Or statements to be submitted to the next general JSKStoXS
assembly of the amount and manner of expenditure, «»i»i assembly,
atid shall require vouchers to be taken for all expendi¬
tures when practicable.
Approved December 9, 1862.
Ho. 42.] AH ACT
To render certain persons subject to militia service.
Sec. 1. Be tt enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly KIclnd^o!£
convened, That from and after the approval of this act,
justices of the peace, constables and notaries public, be¬
tween the ages of eighteen and forty-five years, shall
1862. 64
be subject to militia service, unless physically or men¬
tally disqualified for such service.
Approved December 6, 1862
No. 48.] AN ACT
To amend the Military Code.
Certain judicial Sec. 1. Be it enacted by the Senate and Bouse of Rep*
oiseerg exempt. reSentatives of the State of Alabama in General Assembly
convened, That the Military Code of the S:ate of Ala¬
bama be so amended as to exempt from military ser¬
vice judges of probate, sheriffs and solicitors,
Approved November 8, 1862.
No. 44.] AN ACT
To repeal an act to provide for the military education
of two young men from each county in the State of
Alabama, approved February 2lst, i860.
Sec. 1. Be it enacted by the Senate and Bouse of Rep*
resentatives of the State of Alabama in Gendral Assembly
convened, That an act, entitled "an act, to provide for the
military education of two young men from each county
in the State of Alabama," approved February 21, 1860,
be and the same is hereby repealed.
Approved November 8, 1862.
No. 45.] AN ACT
To amend the act approved December 10, 1861, entit¬
led an act to regulate judicial proceedings.
Suction 9amend* Sec. 1. Be it enacted by the Senate and Bouse of Rep-
ed- resentatives of the State of Alabama in General Assembly
convened, That section nine, of an act to regulate judi-
^Foidier" ft>r cial proceedings, approved December 10, 1861, be and
»woiunteeK" ganaQ jg amended by striking out the word
68 1862.
"volunteer" and Inserting in lieu thereof the word sol-
diers.
Approved November 18,1862,
No. 46.] AN ACT
In respect to forcible entry and unlawful detainer.
Sec. 1. Be it enacted by the Senate and Mouse of Rep■>
resentatives of the State of Alabama in General Assembly
convened, That the act to regulate judicial proceedings stasia# #ep«at.
approved December 10th, 1861, so far as the sum con- part,
diets with the provisions of the Code in respect to for*
cible entry and unlawful detainer, be and the same is
hereby repealed,
Sec. 2. Be it further enacted, That courts having ju¬
risdiction of the matters contained in article four, title Cenata courts
three, chapter two, in said code, shall be held upon at eopen*
alt times for the consideration and adjudication of quest
tions arising under said article, chapter and title, and
judgment had thereon without delay.
Approved November 7, 1862.
No. 47.1 AN ACT
To prevent false representations as to Government
Agencies.
Sec. 1. Be it enacted by the Senate and Mouse of Repre¬
sentatives of the State of Alabama in General Assembly
convened, That if any person, or association of persons,
shall any where in the state of Alabama represent him
or themselves falsely, to be agents of the Confederate
States government, or ot any state of said Confederate
government, or of auy contractor under the same, with PepaU
the intention of purchasing any commodity whatever, ei>* 7
such person or persons shall be liable to indictment, and,
on conviction, be imprisoned in the peniteutiary not
less than one, nor more than five years.
Approved November 8,1862.
5
1862.
66
No. 48.] AN ACT
To susspend the operations of certain limitations of the
Code and Statutes of Alabama.
Sec. 1. Be it enacted by the Senate and House of Bepre-
sentatives of the State of Alabama in General Assembly
convened, That all the provisions of the code, and all
statutes limiting the time within which appeals may be
taken, or within which dower may be recovered, or
Tine s;spendcd. within which a civil suit or proceeding may be prose¬
cuted, be and the same are hereby suspended until the
expiration of one year from the time a treaty of peace
shall be ratified between the Confederate States and the
United States : Provided, however, that this act shall not
have the effect of reviving any right which has already
been barred by any limitation.
Approved November 8,1862.
No. 49.] AN ACT
To suspend the operation of the statutes of non-claims
in certain cases.
Sec. 1. Be it enacted by the Senate and House of Bepre-
sentatives of the State of Alabama in General Assembly
certain time not convened,' The time within which the court house of
to e toinPu ed* any county \n ^3 state shall have been within the
lines of the army of the United States, or any other
public enemy of the state, or of the Confederate States,
must not be computed as a portion of the time neces¬
sary to create a bar, under sections 1883 and 1847 of
the code ol Alabama, to claims against the estates of
deceased persons upon which letters testamentary or of
administration may have been granted by any court of
said county.
Sec. 2. Be it further enacted, The time within which
Timea ctizenis any l°yal citizen of this state, or of the Confederate
ofen" States, may have been in captivity, or within the lines
computed.0 of any army hostile to their state, or Confederate States,
must not be computed as a portion of the time neces¬
sary to create a bar, under sections 1883 and 1847 of
the code of Alabama, to any claim which such citizen
167
1862.
may have held, either in his own right or as executor,
administrator, or guardian or trustee, against the estate
of any deceased person in this State.
Sec. 3. Be it further enacted, When any creditor, ei- AbBeDce tn the
ther in his own right or as executor, administrator, ta be
guardian or trustee, shall have.been absent from his
home in the military service of the state, or of the Con¬
federate States, the period of his absence in such mili¬
tary service must not be computed as a portion of the
time necessary, under sections 1883 and' 1817 of said
code, to create a bar to any claim which such creditor
may hold against the estate of'any deceased person,
subject to be administered in this state.
Sec. 4. Be it further enacted, Corporations chartered Relief €Xtended
by this- state, which may have h$d anyplace of business to corporations,
within the lines of any hostile army in this state, shall
be entitled to relief intended to be provided by sec-<
tion twO of this act for citizens of this state.
Sec. 5. Be it further enacted, That nothing contained Not to retard ce*
in this act shall operate to retard the settlement of es-tam 8ettlemeBtt-
tates of deceased persons, nor to increase the liabilities
of representatives of such estates as shall have been
settled or distributed prior to the presentation or filing
Of the claims of creditors, intended to be protected by
this act ? Provided, however, that such creditors shall not
be debarred from proceeding in such cases against the
legatees, devisees, or distributees of such estates, nor
against other creditors of such estates for contribution.
Approved .November 24, 1862.
No. 50.] AN ACT
To suspend, during the war, the statute of non-claims
in certain cases.
Sec. 1. Be it enacted by the Senate and House of Bepre-
qentatives of the State of Alabama in General Assembly
convened, That all statutes in this state, which require cialmT'1 against
the presentation of claims or the filing of the same in deceasedP«wt**
the office of the judge of probate against estates of de¬
ceased persons, either as solvent or insolvent estates, be
.and the same are hereby suspended for and during the
War,
1862,
68
Sec. 2. Be it further enacted. That*all rules of court,
Rules of ccnrt and all laws that limit the time in which any suit or
suspended, i proceeding shall be revived in any court in this state,
be and the same are hereby suspended for and during
the war.
Approved December 6, 1862.
No. 51.] AN ACT
To authorize the sale of lands mortgaged to the State.
Sec. 1. Be it enacted by the Senate and House of Repre¬
sentatives of the State of Alabama in General Assembly
Aia. & convened, That the Alabama and Tennessee River rail
kco.may <»eiir0{J(j acting by their board of directors, be
and they are hereby authorized to sell the lands mort¬
gaged by said company to the state, as security on ac¬
count of the loan to the company of a portion of the
three per cent, fund, or so much thereof as the said
board may deem it advantageous to sell, and shall be
approved by the governor: Provided, that no such sale
shall be effectual to divest the lien of the state under
10 r'ocee&O said mortgage, until the proceeds thereof shall be paid
iuto the treasury, to be credited on the indebtedness of
said company on account of said loan.
Approved November 4,1862.
No. 52.] AN ACT
To regulate the interest upon debts in payment of
which Confederate Treasury Notes may be tendered
and refused.
Sec. 1. Be it enacted ly the Senate and House of Repre¬
sentatives of the State of Alabama in General Assembly
convened, That if it shall be made to appear to any
court of this state, in any suit or proceeding hereafter
commenced upon any contract hereafter made, express
or implied, for the payment of money, that before the
commencement of the suit or proceeding the defendant
or defendants therein, or his or her personal represents-
69
1862.
tive, tendered payment of the debt in treasury notes of
the Confederate States, and the plaintiff refused to re- peTcent^teres6.
ceiye them at their par value, it shall not be lawful for
the plaintiff it} said suit or proceeding to recover more
than one-fourth of one per cent, per annum interest on
said contract.
Approved November 17, 1862.
No. 53.] AN ACT
To repeal in part an act entitled "An act in relation to
debts due Alien Enemies," approved 10th Decem¬
ber, 1861.
Sec. 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly
con.ened, That an act entitled "an act in relation to Repeated »s to
debts due alien enemies," approved 10th December,0ertamcO8t8'
1861, be and the same is hereby repealed, so far as it
prevents the collection of costs out of the delendants
in judgments due to the clerks and sheriffs of the sev¬
eral counties of this state.
Approved November 24,1862.
No. 54.] AN ACT
*The more effectually to provide for the redemption 'of
real estate sold under execution.
Sec. 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly
mnvened, That upon any person, who is entitled to re-Tende, Bant
deem any real estate, under the provisions of chapter
4, part the 2d, and title six, of the code of Alabama,
making the tender as provided by said chapter iu cur¬
rent Bank notes, or treasury notes of the Confederate
{States, or of this State, the title to the said real estate
shall vest in the person so making the tender, and ho
shall be entitled to all the rights and remedies provided
by said chapter for the recovery of the possession of
the said real estate.
1862.
70
Sec. 2. Be it further enacted, That the provisions of
Applies to sales this act shall apply to all sales heretofore made, the re-
heretoforemade. demption of which is provided for by said chapter,^ as
well as sales which may hereafter be made, upon which
the time of redemption has hot expired, but shall not
have the effect to extend the period of redemption in
any case.
*This bill was vetoed by the Governor and then passed by the censtitn-
tional maj. Nov. 3d, 1862.
No. 55.] AN ACT
To provide for the taking of testimony upon interroga¬
tories in certain criminal cases.
Sec. 1. Be it enactnd by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly
convened, That defendants in all criminal prosecutions
ny'mavbetakenl in this State, may take the testimony of all witnesses
as to notice, absent in the army of the Confederate States, by filing
interrogatories with the clerk of the circuit court, and
complying with all the laws and provisions respecting
the taking of testimony by interrogatories in civil
cases; except that the notice required by law to be
served upon the party, or his attorney, shall be served
upon the prosecutor, if there be any residing in the
county, and not absent in the army, and if none resid¬
ing in the county, or absent in the army, then by filing
in the office of the clerk the length of time as now re¬
quired in civil cases; the clerk shall issue the commis-
coSmiusions^06 sion to take the testimony or answers to the said inter¬
rogatories, and cross interrogatories, which may be filed
by the prosecutor, or solicitor, as in civil cases, and in
taking and returning into court, all the laws respecting
interrogatories in civil c&ses, shall be applicable to tes¬
timony taken under this act.
Sec. 2. Be it further enacted, That the State may, in
like manner, take the testimony of any witness absent
testimony? take in the army, whenever the defendant shall file with the
clerk of the circuit court his consent in writing, to the
same.
Approved November 17, 1862.
71
1862.
Ho. 56.] AH ACT
To supply record evidence in certain cases.
Sec. 1. Be it enacted by the Senate and House of Bep- what transcripts
resentatives of the State of Alabama in General Assembly
convened, That all transcripts of books required by law
to be kept in any of the land offices of this State, or in
the office of secretary of State, or the office of comp¬
troller of public accounts, properly certified as correct,,
by the proper custodian of said books, fehall be received
as evidence in the courts of this State, and it shall be
no objection to such transcript, that the book from
which it may be taken is a copy of office books, belong¬
ing to1 the government of the United States.,
Approved, Dec. 9th, 1862.
Ho- 57.] AH ACT
To provide for the taking of testimony by registers in
chancery,
Sko. 1. Be it enacted by the Senate and House of Bep-
resentatives of the State of Alabama in General Assembly When w^BeRis-
convened, That when interrogatories are filed in the*F^<*lket0',"
chancery court of this State, for the purpose of taking
the deposition of a witness in any cause pending in
said court, and the solicitor filing the same, shall ap-
poiut the register, in writing endorsed on the interrogi
atories, as the commissioner to take the same, it shall
be lawful for said register to proceed to take the testi¬
mony of the witness, or witnesses, specified in the in¬
terrogatories under the same rules and regulations
applying to the taking of such testimony, by commis¬
sioners appointed by said register, unless the opposite how »opposing
arty, within ten days after such interrogatories arepart?1 ®^ect-
led, shall file an objection in writing, then the appoint¬
ment of a commissioner shall be made as already pro¬
vided tor by law.
Approved Hovember 17,1862.
1862.
72
No. 58.] AN ACT
To provide for making persons absent in the Confede¬
rate Army parties to applications to probate wills and
for grants of administration.
Sec. 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly
convened, That all persons absent from this State in the
army of the Confederate States may be made parties
by courts of probate in all applications to probate wills,
and-grant of letters of administration by publication
in a newspaper, as in cases of non-residents.
Approved November 25, 1862.
No. 59.] AN ACT
To authorize the taking of depositions of subscribing
witnesses to wills in certain cases.
Sec.. 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly
convened, That the depositions of subscribing witnesses
to wills offered for probate, who are in this State, and
in the service of thb Confederate States, or of this State,
may be taken in such manner as the testimony of wit¬
nesses residing out of the State, as is now required to
be taken by section 1626 of the Code of Alabama.
Approved November 28, 1862.
No. 60.] AN ACT
To amend An act entitled "An act the more effectually
to secure subordination among slaves, by requiring
the owner, or overseer, to reside with them," ap¬
proved February 5, 1856.
Sec. 1. Be it enacted by tne Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly
convened, That if the congress of the Confederate States
shall hereafter change, in any respect, that part of the
73
1862.
exemption law, passed at its last session, which ex¬
empts " one person, either as agent, or owner, or over¬
seer, on each plantation on which one white person is
required to be kept by the laws, or ordinances of any
State, and on which there is no white male adult,
not liabje to do military duty," such change shall so
operate, from the^ime it is made, as to amend the act
entitled "An act the more effectually to secure subor¬
dination of slaves by requiring the owner, or overseer,
to reside with them," approved February 5, 1856, by
striking out of said act the words " six hands," and in¬
serting in lieu Of those words the words " twenty slaves,"
but such amendment shall not affect any offence com¬
mitted, or prosecution commenced, under said act prior
to the time when such change, or amendment, may
occur.
Approved December 9,1862.
Wo. 61.] AW ACT
To increase the fees of Jailors for victualing prisoners.
Sec. 1. Be it enacted by the Senate and House of Bep-
resentatives of the State of Alabama in General Assembly
convened, That from and after the passage of this act,
the jail fees, as to matters hereinafter specified, shall be Price8(i
as follows, viz; To victualling each white prisoner,
seventy-five cents per day; for victualling each slave,
or free person of color, sixty-five cents per day, in lieu
of the fees now allowed by law for similar services.
_ Sec. 2. Be it further enacted, That this act shall con-Continuance of,
tinue in force no longer than the continuance of the act*
present war.
Approved November 4,1$62.
Wo. 62. AN ACT
In relation to the officers of Court.
Sec. 1, Be it enacted by the Senate and House of Bep-
resentafives of the State qf Alabama in General Assembly
1862.
74
convened, That whenever there shall be a surplus of the
fund arising from fines and forfeitures in the county
treasury of any county in this state, over and above the
sum required to pay the registered claims of state wit¬
nesses, it shall be the duty of the county treasurer of
the proper county to pay the fees of the officers of
Pees of officers a • • r • • 1 • i_- i a1_ i j i
tobepaid. court arising from criminal cases in which the defend¬
ants have been convicted, and have been proved insol¬
vent by the return of executions—"no property found."
Sec. 2. Be it further enacted, In the cases above pro-
statement to bevided for, the officers of court shall make a statement
made. under oath of the amount of such fees due them, re¬
spectively setting out the style of each case, and the
term at which judgment was rendered ; and if at any
time the costs so enumerated, or any part thereof, shall
be paid to the said officers of court by the defendants,
under execution or otherwise, they shall refund the
abto lefunding. same to the county treasurer, who shall place the
amount to the credit of the fine and forfeiture fund of
the proper county.
Sec. 3. Be it further enacted, Any officer of the court
penalty for vio- failing or refusing to comply with the requirements of
latum. the preceding section, shall pay four-fold the amount so
withheld, to be recovered by motion of the county
treasurer in the circuit court of the proper county on
three days' notice to the defendant.
Sec. 4. Be it f urther enacted, That this act shall take
effect from its passage only.
Approved November 14, 1862.
No. 68.] AN ACT
To provide for the security of the records and papers
in the custody of the several officers of this State."
Sec, 1. Be it enacted by the Senate and House of Bep-
resentatives of the State of Alabama in General Assembly
convened, That if any county in this State shall be in¬
case of inva va(je(j} or shall be in imminent danger of invasion by
the public enemy, it shall be the duty of such officer
residing in such county who is entrusted with the cus-
oifieers may re- tody of any records, papers or books, to remove the
move" same to a place pr places deemed by him safe from the
75
1862.
inroads of the enemy, and to make the best arrange¬
ment and provision be can for the preservation of such
papers, or books, or records.
Sec. 2. Be it further enacted, That the expenses prop- Roy. txpease8
erly incurred in the removal and preservation of such are to be paw.
papers, books or records, in each county, shall be a
charge upon the county treasury of the county from
which they were removed; and the court of county
commissioners must make proper allowance and provi¬
sion for such expenses ; Provided, however, that the ex-proviso a»t® ex¬
penses of removing and preserving the papers and re-^Srtrecc^mw
cords of the supreme court shall be paid by the trea¬
surer of the state on the certificate of any of the judges
of said court, stating what is the proper sum to be paid
therefor. »
Approved November 26,1S62.
No. 64.] AN ACT
In relation to publications by Courts- of Probate.
Sec. 1. Be it enacted by the Senate and House of Repre¬
sentatives of the State of Alabama in General Assembly
convened, That in all cases in which by law any notice
or publication is required to be made from, or by any
court of probate, if there be more than one newspaper
published in the county the executor, administrator or
guardian, as the case may be, or their attorneys may Executor, &c.,
designate the paper in which the publication shall be ^vspiper* the
made, and the judge of probate shall cause publication
to be made accordingly, and if there be no newspaper
published in the county, the like privilege shall be
granted to the said parties, and the like duty performed
by said judges.
Approved November 8,1862.
1862.
76
No. 65.] AN ACT
To amend "An act to authorize certain settlements in
the Probate Courts of this State."
Sec. 1. Be it enacted by the Senate and House of Repre¬
sentatives of the State of Alabama in General Assembly
mended.seclion convened, That the first section of "an act to authorize
certain settlements in the probate courts of this state,"
approved December 9, 1861, be and the same is hereby
amended so as to read, "that hereafter whenever a judge
of probate of this State shall be incapacitated under
the provisions of section 560 of the Code, from making
settlements of any administrator, executor or guardian,
of his county, it shall be lawful for the register in chan¬
cery of the district in which the county of 8U9I1 judge
of probate is situated, to make such, settlements as if
he were the judge of probate.
Approved November 7, 1862.'
No. 66.] AN ACT
To authorize the appoiutment of special Registers in
Chancery in certain cases, and for other purposes.
Sec. 1. Be it enacted by the Senate and House of Rep-
CasciinyiWc\iT€senia^ves °f State of Alabama in General Assembly
special register convened, That from and after the passage of this act,
be ap?omt* wherever the register of any chancery district in this
state has heretofore volunteered, or may hereafter vol¬
unteer, in the military service of the Confederate States,
or of this State, and is absent from his office, engaged
in such service, the chancellor of the division in which
such district lies is authorized to appoint a special reg¬
ister to discharge the duties of said office during the
absence of the register in such military service, requir-
Bond required. from such bond, with security, as he may deem
proper to secure the faithful performance of his duties;
and said special register, until the return of the-regis-
ter or a vacancy occurs by the death or resignation of
Termor office, said register, is hereby authorized to perform all acts
and discharge all duties that registers in chancery by
law have power to do, and to receive the fees allowed
77
1862.
1by law to register? for the performance of similar du¬
ties : Provided, however, that said special register may Proviso,
at any time before the return of the register, or a va¬
cancy occurs as aforesaid, be removed by the chancellor
for any of the causes that would authorize the removal
ipf a register.
Sec. 2. Be it further enacted, That any and every ap- jtomet appoint*
poihtment of a special register within the provisions of meBt81'flti®ed*
the foregoing section, heretofore made by a chancellor,
be and the same is hereby ratified and confirmed.
Sec. 8. Be it further enacted, That every register,
{except special registers) heretofore or hereafter appoint¬
ed, shall continue to discharge the duties of his office Term of nfficei*
Until a successor shall be duly appointed and qualified,
notwithstanding the expiration of the time for which
he was or shall be appointed, and that he and his sure¬
ties on his .official bond shall continue liable thereon to
the same extent as if such time had not expired.
Approved November 6,1862.
No. 67.] AN ACT
To enable the Courts of County Commissioners oi this
State to appoint Overseers and Apportioned of pub¬
lic roads over the age of eighteen and under the age
of sixty.
Sec. 1. Be it enacted by the Senate and Bouse of Pep-
rescntatives of the State of Alabama in General Assembly
convened, That if hereafter the court of county commis¬
sioners of any county appoint, as an apportioner of au
election precinct, or as an overseer of a road precinct,
a white male person over eighteen years of age and not
exceeding sixty years of age, as such court is hereby
authorized to do under 'section 1142 of the code as
hereby amended, it shall be no excuse for not accepting
any such office, that the person appointed is over the
age of forty-five years; hut every other excuse sanc¬
tioned by section 1140 of the code remains unaffected
by this act; Prodded, however, that this act shall con-
tinue of force pnly during the war and one year there¬
after.
Approved November 10,1862^
1862.
78
No. 68.] AN ACT
In relation to the Records of the Courts of County
Commissioners.
Section 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly
convened, That all vouchers taken by any court of county
commissioners, or judge of probate, for moneys or sup¬
plies of any kind, which have been or may hereafter
distributed, under any laws enacted by this general as¬
sembly for the benefit of the indigent families of sol-
vouchewasto ^ers> must he numbered, filed, and carefully preserved
indigent families by the judge of probate who shall have taken or caused
preserved!10 be such vouchers to be taken ; but it shall not be the duty
of such judge to cause such vouchers to be recorded, any
law to the contrary notwithstanding.
Sec. 2. Be it further enacted, That this act shall be
' Act to be puv published for one week in the city papers of Montgom-
itshed. ery^ an(j |.wo copies 0f each of said papers be forwarded
by the secretary of state to each judge of probate in
this state.
Approved December 5, 1862.
No. 69.] AN ACT
To authorize Executors, Administrators, Guardians and
Trustees to provide salt for their trust estates.
Section 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly
convened, That executors, administrators, guardians and
trustees are hereby authorized to employ any slaves
held by them as such executors, administrators, guardians
or trustees, at auy of the saline works in this state, for
the purpose of making salt for the use and benefit of
the estates or persons they represent.
Approved November 28,1862.
No. 70.3
79
AN ACT
1862.
To amend an act approved November 9,1861, entitled
"An act to authorize Executors, Administrators, Guar¬
dians and Trustees to make loans to the Confederate
States, and to purchase, and receive in payment of
debts due them, Bonds and Tre3ury Notes of the Con¬
federate States, or the State of Alabama, and cou¬
pons which are due on Bonds of the Confederate
States and of said State."
Sec. 1. Be it enacted by the Senate and House of Repre¬
sentatives of the State of Alabama in General Assembly
convened, That executors, administrators, guardians and
trustees may sell the crops of estates committed to fo?aBondsCroS?
them, respectively, for the bonds or treasury notes of Treasury Notes,
the Confederate States, or State of Alabama, and cou¬
pons which may be due on such bonds, without incur¬
ring any personal responsibility by so doing, and the
bonds, treasury notes or coupons received in payment
for such crops shall be assets of the estates for which
£uch crops are sold, and be accounted for as such.
Approved, November 8,1862.
To authorize Executors, Administrators, Guardians and
Trustees to remove slaves to a place of safety in case
of invasion.
Sec. 1. Beit enacted by the Senate and House of Repre¬
sentatives of the State of Alabama in General Assembly
ffonvenedy That executors, administrators, guardians and
trustees be, and they are hereby authorized to remove
Slaves in their charge to a place of safety, in or out of
the State of Alabama, whenever, by reason of an actual
threatened invasion of the country, there may be dan¬
ger of the escape, or capture by the public enemy, of
such slaves.
Approved November 8, 1862.
No. 71.]
AN ACT
18b2.
80
No. 72.] AN ACT
To authorise Executors and Administrators to admin¬
ister oaths in certain cases.
sec. 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of Alabama in General Assembly
convened, That it shall be lawful for executors and ad-
ministrators to administer the oath by law required to
appraisers ana .... , . _ , ^ *
commissioners, be administered to appraisers of the estates they re¬
spectively represent, and to commissioners appointed to
divide the property of the estates they respectively rep¬
resent ; and the oaths so administered shall be in all
respects valid, and the violation thereof as punishable
as if administered by an officer authorized by law.
Approved December 4, 1862.
No. 73.] AN ACT
To increase the price of certain public lands belonging
to the State of Alabama.
Section 1. Be it enacted by the Senate and House of Rep*
resentatives of the State of Alabama in General Assembly
convened, That the lands lying along the line of any
de* rail road or proposed rail road, or navigable water cour¬
ses in this state, and being within six miles of the said
road, shall hereafter be sold for not less than ten dollars
per acre, and all the lands along said roads, over six
miles and under fifteen miles, shall hereafter be sold for
not less than three dollars per acre; and all the lands
in this state, known as the swamp and overflowed lands,
shall hereafter be sold lor not less than ten dollars per
acre; and all other lands in this state, which are now
subject to entry and are the property of the state, shall
hereafter be sold for a sum not less than one dollar and
fifty cents per acre.
Sec. 2. Be it further enacted, That sections twenty-
©t&dtmtioa thirty and thirty-one of the ordinance of the con-
repealed, vention adopted 20th March, 1861, "in relatiou to the
waste and unappropriated lands of the State of Ala¬
bama/* be and the same are hereby repealed: Provided,
that no lands now occupied by any regularly enlisted
81
1862.
sofclier or fo\utiteer» or his family of widow, to the ex¬
tent of eighty acres, shall be subject to entry, by others
than such, under the provisions of this act.
Sfec. 3. Be it further enacted, That the iron and coal Mlna.al lands
lands be withdrawn from market and sale, except such*1111^^11*
amount of said lands as will be necessary to keep iiiExceptwl*'
operation the foundries that have been or may hereafter
be erected; the said amount and price thereof to be
determined by the governor and the commissioner of
public lands, upon satisf ctpry proof of the quantity
of lands so needed and the quality of the same.
Approved December 8, 1862*
Ho. 74.] AH ACT
1o consolidate certain Land districts therein named.
Section 1. Beit enacted by the Senate and House of Pep*
resen tit tires of the State of Alabama in - General Assembly
convened, That the land district now known and desig- w&at ^strict*
nated as the Hiintsville Land District, is hereby at-fcon80,Wttte'1-
taehed to and made part of the Centre Land District^
so as to embrace all the lauds heretofore lying within,
both of said districts in one district, to be designated
as the Centre Land District; and the governor is hereby a»ty or governor
directed to cause the books, charts, maps, field notes,
papers, and other muniments of title now in Hunts-
Viile Land Office,, to be removed, to said Centre Land
Office, and upon such removal they shall become re¬
cords of the latter office, and the office ot register ami
receiver of the Huntsville Land Office shall, upon such
removal, be abolished, and the duties of such office
thereafter be performed by the register and leceiver of
the Centre Land Office: Provided, That the commis¬
sioner of public lands, with the concurrence ot the go¬
vernor, is authorized and required to remove the office,
of the Centre Land District from the to<Ml of Centre*
to such place within said district as will he most con¬
venient to the, inhabitants of said distiict, having busi¬
ness with said office.
Approved December 9,1802,
6
1862.
83
No. 75.] AN ACT
Fixing tlie time within which proof of settlement and im¬
provement on public lands maybe made in certain cases.
Section 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in Genercd Assembly
convened, That any person who was an occupant or set¬
tler upon any public land of the United States, prior
-rimeextended ' to 11th January, 1861; or who, since that time, has
to soidieia. settled and improved any .of the public lands ot the
State; and who was entitled to the right of pre-emp¬
tion according to the provisions of section 23 of the
ordinance of March 20, 1861, in relation to waste and
unappropriated lands in the State of Alabama, and who
has not been able to make proof of his settlement and
improvement thereof, or who has not made payment
therefor, within the time limited in said section, in con¬
sequence of his having been a soldier in the army of
the Confederate States, shall be permitted to make such
proof and pay for such land within six months after the
termination of the present war; and in any case where
such soldier may have died, or may hereafter die, be¬
fore consummating his claim, it shall be competent for
his executor, or administrator, or any of his heirs, to
Forfeiture as to ma^e ^ie Pro°f and payment required as above; and
others. in all other cases of claimants to the pre-emption rights
under said section, but in which there has been a fail¬
ure to make proof and payment as therein prescribed,
said parties are hereby declared to have forfeited their
pre-emption right to such lands, and all such lands
shall be subject to entry by any other purchaser.
Approved November 18, 1862.
No. 76.] AN ACT
For the extension of the time of settlement and cultiva¬
tion ofLands entered uudertlie 36th section of the or¬
dinance of the Convention of the State of Alabama.
Section 1. Be it enacted by the Senate and House vf Rep¬
resentatives of the State of Alabama in General Assembly
convened, That the time for making the settlement and
63
1862.
cultivation of lands, entered in the several land offices extended
in this (State, prior to the eighth day of November, 1861,t0 80ldier8,
under the 30th section of the ordinance in relation to
Waste aud unappropriated lands in the State, is hereby
^extended to all soldiers in the army of the Confederate
States, or of the State of'Alabama, six months after
the discharge of said soldier, and to the family of any
soldier, who has, or may die, in the service, for six
tnonths after the death of the soldier.
Approved, Dec. 8,1862.
No. 77.] AN ACT
To repeal " An act to legalize certain entries of land,''
approved December 9,1861.
Sec. 1. Be it enacted by ike Senate and Souse of Rep¬
resentatives of the State of Alabama in General Assembly
tonvenedt That an act entitled " An act to legalize cer¬
tain entries of lands," approved December 9,1861, be,
and the same is hereby repealed: Provided, That the proviso.,
repeal of said act shall not affect any entries where the
lands have been actually settled upon and improved by
the parties entering the same.
Approved, Dee. 9, 1862.
No. 78.] AN ACT
To provide just compensation for the services of the
Treasurer.
Sec. I. Be it enacted by the Senate and Houss of Rep¬
resentatives of the State of Alabama, in General Assembly
cotm tied, That from and after the passage of this act, s»urjr $2eoo
and until otherwise provided by law, the salary of the
treasurer of this State shall be twenty-six hundred dol¬
lars per annum.
Appiov'd December 8, 1862.
1862.
84
No. 79.] AN ACT
To provide just compensation for the services of the
Comptroller.
Sec. 1. He it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly
Salary at $24o\ convened, That the salary of the comptroller of this State
Bhall hereafter be twenty four hundred dollars per annum.
Approved December 8, lb62.
No. 80.] AN ACT
To provide'just compensation for the secretaries of the
Governor.
. Sec. 1. Be it enacted by the Senate and House of Rep-
resentatives of the State of Alabama in General Assembly
salary at $1250 convened, That the salaries of the secretaries of the
each. governor, shall be twelve hundred and fifty dollars, for
each of said secretaries.
Approved December 9, 1862.
No. 81J AN ACT
To authorize the Secretary of State to employ a Clerk.
Section. 1. He it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General ulssembbj
convened, That the secretary of state is hereby author¬
ized to employ a clerk to assist iu the discharge of the
duties of his office, at a price not to exceed the sum of
five hundred dollars per annum, and that the salary
agreed upon by the secretary of state, shall be paid by
the treasurer of the State upon the certificate of the
secretary that such clerk has been employed, stating
the price, and that the services have been rendered:
Provided, That the clerk employed by the secretary of
state shall be one who is not liable to conscription under
the laws of the Confederate States;
Approved December 9, 1862.
Authority,
Salary.
Proviso.
85
1862.
No. 82/] AN ACT
Te amend the law relating to the printing.of the^Be-
ports of Decisions of the Supreme Court.
Sec. X. JBe it enacted by the Senate and House of Repre¬
sentations of the S ate of Alabama in General Assembly
convened, That the judges of the supreme court be au-Judges to pr&-
thorized to prescribe the mode and material of theBCnemo°"
binding of the supreme court reports.
Approved November 25,1862.
No, 83.} A^ ACT
To pay for the hire of servants for the. General Assem-t
bly during the extra and present session.
• Sec. 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly
convened-, That the secretary of state be.allowed the
sum of one hundred and fifty-two dollars, to pay for Appropriation of
servant hire during the extra and present regular s'es-f 1 11
sion of the general assembly, and that the comptroller
of public accounts is hereby authorized and required to
draw his warrant ott the state treasurer in favor of the
secretary of state, for the above amount^ or so much
thereof as may be necessary for the purpose stated, to
be paid out of any moneys in the treasury not other¬
wise appropriated.
Approved December 9, 1862.
No. 84,] AN ACT
To provide for the re-org^ nation of the State Peni-
teutiary.
Sec. 1, Be iV enacted by the Senate and House of Rep¬
resentative of .the State of Alabama in General Assembly
convened, That the organization of the penitentiary
shall include three inspectors, one warden, one deputy 0ffle<fr*
warden, one j>hy$muo* pop cder^, a^id such uqn%r $
1862.
86
guards and overseers as the warden and inspectors may
from time to time deem necessary.
Hpwappointed. Sec. 2. Be it farther enacted, That the warden and in¬
spectors shall be appointed by the governor, with the
consent of the senate, and shall hold their offices for
the space of four years and until their successors are
appointed and qualified.
Sec. 3. Be it farther enactedK That the physician shall
, appointed!how be appointed by the warden and inspectors, and com¬
missioned to hold his office during the pleasure of said
board of appointment.
Sec. 4. Be it further enacted, That the deputy warden,
clerk, and all subordinate officers of the penitentiary,
shall be appointed by the warden, by and with the ap¬
proval of the inspectors, and shall hold their offices du¬
ring the pleasure of the warden : Provided, that none
of said offices, except that of sergeant of the guard,
shall be filled by persons subject to conscription, under
the acts of the congress of the Confederate States,
warden to report Sec. 5. And be it farther enacted, That the warden
shall report immediately to the inspectors all appoint¬
ments of officers which he shall make; he shall from
from time to time propose in writing to the inspectors
such alterations as he may think advisable in the rules
and regulations for the direction of the officers and for
the government of the penitentiary.
Salaries. Sec. 6. Be it farther enacted, That the officers of the
penitentiary shall receive the following salaries, to-wit:
Warden, thirty-seven hundred and fifty dollars; the
deputy warden one thousand dollars ; physician, five
hundred dollars ; the clerk, one thousand dollars a year,
all of which sums shall be-paid by the warden in month¬
ly or quarterly payments out of the treasury of the pen¬
itentiary, and shall be in full for all services, and no
other perquisite, reward or emoluments shall be allow¬
ed or received by any of them.
paT of inspect- Sec. 7. Be it further enacted, That the pay of the in-
ors' spectors shall be two hundred dollars per annum, and
no mileage shall be allowed to any inspector for travel¬
ing to and from the penitentiary.
Sec. 8. Be it fat tier enacted, 'That there 'shall be
OTn8ist8hof.Buard maintained at the penitentiary a guard, to be employed
by the wardens thereof, to consist of one sergeant and
as many guards as the warden and inspectors may deem
necessary ; the guard shall be furnished from the arse-
87
1802.
nal of tli*s state, with sufficient arms and accoutre¬
ments, and shall be subject to the commaud and direc¬
tion of the warden of the penitentiary, who may dis¬
miss at pleasure any of them; the sergeant shall re¬
ceive not exceeding six hundred dollars per annum, and
each of the guards such pay as the warden may think
his service worth, not exceeding three hundred and
sixty dollars per annum, besides rations to be establish¬
ed by the board of inspectors.
Sec. 9i Be it farther4 enacted, That the warden, dep- Noperqmsites&r
uty warden, clerk and physician, shall support them-certamofficer8>
selves from their own resources, and shall nokreceive
any emoluments or perquisites for their services other
than the compensation provided in this act.
Sec. 10. Be it farther enacted, That all officers shall,
before they enter upon the duties of their respective
offices and appointments, take and subscribe before
some justice of the peace or other officer authorized to
administer oaths, the following oath: I, *— , do oak
solemnly swear, (or affirm) that I will support the con¬
stitution of the Confederate States, and the constitution
of the State of Alabama, so long as I remain a citizen
thereof, and that I will faithfully execute and discharge
the duties required of me as ^ of the Alabama
penitentiary, and will execute the laws, rules and regu¬
lations prescribed for the government of said institu¬
tion, so far as concerns my office, and that I will iu no
case ill-treat of abuse any convict under my charge, or
pUnish him beyond the punishment ordered by law and
and the rules and regulations of this institution, so help
me God."
Sec. 11. And be it farther enacted, That the board of Board to choose
inspectors shall, from time to time, choose one of their aprebldetit'
number to he their president, who shall preside at their
regular meetings, and whenever in his opinion the exi¬
gency requires it, he shall convene the board; they
shall cause the clerk of the penitentiary to keep a reg-^
ulur minute of their meetings and proceedings, which Mmutea-
shall be signed by them and preserved in the peniten¬
tiary.
Sec. 12. Be it farther enact*d, That the board of in-Eufesana regu-
speetors shall, from time to time, establish rules and ^5^® heeSL
regulations consistent with the laws of the state, for 1
the direction of the officers of the penitentiary in the
discharge of fyeft duties! for the government, employ-
1862,
88
merit and discipline of tlie convicts, and for the custody
and preservation of the public property; and as soon as
may be after the establishment of any such rules and
regulations by the inspectors, they shall cause authen¬
tic copies thereof to be laid before the governor, who
may approve, annul, or modify the same, and the in¬
spectors shall cause a copy of all such rules and regula¬
tions as shall have been approved by the governor, to
be certified as soon as may be by the clerk of the peni¬
tentiary, and delfvered to the warden.
Bo\r<i to visit, Sec. 18. Be it further enacted, That the inspectors, or
how often. one 0f ghall visit the penitentiary at least once a*
week, and it shall be visited by the board of inspec¬
tors once a month, and oftener, if they shall think it
necessary, for the purpose of inspecting the books and
all the concerns of the prison, and ascertaining wheth¬
er the laws and the rules and regulations relating to the
prison are duly observed, and whether the officers are
competent and faithful and the convicts are properly
Dutyof clerk, governed and employed; and it shall be the duty of
the clerk of the penitentiary to note the failure of any
• inspector to attend the regular monthly meetings of
the board of inspectors, and if any inspector shall fail
to attend at three successive monthly meetings of the
board, (unless such failure shall be caused by his sick¬
ness,) his office shall be considered as vacated, and it
shall be the duty of the clerk of the penitentiary to
notify the governor thereof, and the governor shall fill
said vacancy by appointing some other person, who shall
hold his term for the unexpired term of his predeces¬
sor.
Violation to be Sec. 14. Be it further enacted, That the inspectors
-roneatogo- shall report to the governor forthwith all violations of
law and omissions of duty by the warden that shall
come to their knowledge, and every officer who holds
his place at the pleasure of the inspectors, who shall
be found unfaithful or incompetent, shall be forthwith
removed.
Annual report to Sec. 15. Be it further enacted, That the inspectors of
be made. penitentiary shall, on the first day of October in
each year, transmit to the governor a report exhibiting
a complete and comprehensive view of the transactions
of the penitentiary during the preceding year, of the
number of convicts confined therein, the offence for
which committed, and the respective periods of impiis-
89
1862.
onment, their ages, sizes, previous Occupation, profes¬
sion or employment, ami where born ; the report shall
also state the number of convicts who have been par¬
doned, discharged, and died during the year, stating the
date of their conviction and of their pardon or death,
the period of time for which they were sentenced, the
counties in which they were convicted, their age, sex,
and color, the deportment of each convict while in the
penitentiary, and in case of death, the particular dis¬
ease of which the convict was supposed to have died.
Sec, 16. Be it farther enacted, That the inspectors of convwts may be
the penitentiary may remove the convicts therein to ofTp^^0"0
such place or places of security withiu the state as they
may deem expedient, if in their opinion the prevalence
of any epidemic, infectious 6r contagious disease, or
Other urgent occasion, shall render such a measure ne¬
cessary and proper.
Sec. 17. Be it farther enacted, That the penitentiary Governor to visa
shall be visited by the governor annually, or as much
ofteqer as his excellency may think proper, forthepi^i;-
pose of examining its condition.
Sec. 18. Be it farther enacted, That before the warden warden'sbopd.
enters ijpon the duties of his office he shall give bond
to the state iu the sum of fifty thousand dollars, with
sufficient sureties, to be approved by the governor, with
condition that he shall account for all monies placed in
or otherwise coming into his hands as treasurer, and
perform all the duties incumbent on him as, warden of
the penitentiary, and such bond shall be filed in the of¬
fice of the secretary of state, and may from time to time
he put in suit by the governor against any one or more
of the obligors, and shall not become void on its first re¬
covery nor until the whole penalty shall he exhausted.
Sec, 19. Be it farther enacted, That the officers of the
penitentiary shall reside constantly within the precincts wherfioffleersto
of the penitentiary, and the warden and deputy warden*6813®'
shall not both be absent therefrom at the same time,
and neither the warden nor any person appointed by
him, shall, during the time of his office, be employed
or engaged in any business for private emolument, not
pertaining to his office: Provided, that it shall be law*
ful for the warden or deputy warden to engage in agri¬
cultural pursuits, to such an exteut.as to interfere with)
his public duties.
Hup, J20. Be it farther enacted, That the warden shall
1862.
90
have the charge and custody of the penitentiary, vrith
^®^toliavethe lands, buildings, furniture, tools, implements, stock,
provisions, and every other species of property within
the precincts thereof, or appertaining thereto ; he shall
be treasurer of the penitentiary, and shall receive and
. pay out all money granted by the legislature, (it any)
and by the receipts for labor of the prisoners and for
the support thereof, and shall cause to be kept m suit¬
able books regular and complete accounts of all the
property, expenses, inpome, business, and concerns of
the establishment, and all the books and documents re¬
lating to the concerns of the peuitentiary shall at all
times be open to the inspectors, who shall semi-annual¬
ly, or oftener if they think necessary, carefully exam¬
ine the said books and compare them with the vouch¬
ers and documents relating thereto,
warden to ex- Sec. 21. Be it further enacted, That it shall be the
amme daily, tluty 0f the warden to examine daily into the state of
the penitentiary, and the health, conduct and safe-keep¬
ing of the convicts; to use every proper means to fur¬
nish them with employment; to superintend all the
manufacturing and mechanical business of the peniten¬
tiary ; to receive the articles so manufactured, and to
sell and dispose of the same for the benefit of the state.
Articles to be Sec. 22. Be it further enacted, That it shall be the
sold foreash. tluty 0f the Wardeu to dispose of all the manufactured
articles, and everthing sold for cash.
Sec. 23. Be it further enacted, That all moneys that
Deposits with /• p \ i> • i p • i
state Treasurer, may accrue, (if any) after paying the expenses of said
institution, shall be deposited monthly or quarterly in
the state treasury, as the penitentiary fund, and may be
disposed of as hereafter may be ordered.
Warden to have SEC- 24. Be it further enacted, That the warden shall,
made out fun «c-on the first day of October in each year, cause to be
counts annua y. ma(je ju|j an(j detailed accounts of all the disbursements
and expenses, and all the receipts and profits, stock,
and material on hand, of the prison, accompanied by
sufficient vouchers, to the inspectors of the peniten¬
tiary.
Further duty of Sec. 25. Be it further enacted, That the deputy war-
other officers. (jen^ an(j a|| 0ther subordinate officers, shall perform
such duties in the charge and oversight of the peniten¬
tiary, the care of the property thereto belonging, and
the custody, government, employment and discipline
of the convicts as shall be required of them by the war-
1862.
den, in conformity to law and the rules and regulations
of the penitentiary:
Sec, 26. Be if further enacted, That whenever the office when t>ep. war-
of warden shall be vacant, by death, resignation, or^d™£yactas
otherwise, the deputy warden shall'have all the powers
and perform all the duties, and receive the-same salary
Ot the warden, until one shall be appointed and quali¬
fied ; and such deputy1, in such event, shall be subject
to all the obligations and liabilities imposed by law on
the warden. No deputy warden shall enter upon the
djitiea of his office until he shall enter into bond, with
sufficient securities, to be approved by the board of in¬
spectors, in the sum of twenty thousand dollars, condi¬
tioned to perform all the duties of deputy warden, and
faithfully account for all money or effects -which shall
come into his hands in the event of a vacancy in the
Office of warden, by the death or resignation of the
Warden, or otherwise, during- the continuance of such
deputy warden in office.
Sec. 27. Be, it further enacted, That the physician shall butfes et the
visit the hospital of the penitentiary at least every o.ther Phy81&iaiu
day, and as much oftener as necessary, prescribe for
.convicts that may be sick, and attend to the regimen,
clothing and cleanliness of such of them as are in the
hospital. He shall keep a regular journal, which shall
remain at the peniteutiary, of all admissions into the
hospital, stating the time, the nature of the disease,
with his prescriptions, and the treatment of each pa¬
tient, and the time of his discharge from the hospital,
or his death; the said journal shall also contain regular
entries of all orders that shall be given for supplies
for the hospital department, specifying the articles
ordered. All such orders shall be in writing, and the
warden shall provide the supplies so ordered under the
direction of the inspectors.
Sec. 28. Be it further enacted, That it shall be the duty Further duties of
of the physician of the penitentiary to keep a register p<1JslCiaD'
of all the convicts under his. charge, stating the disease
with which they are afflicted, and the state of their
health on eutering and leaving the hospital, and the
cause of disease, when the same can be ascertained, aud
also a register of all infirm convicts, stating their names,
ages, place of birth, and the particular infirmity of each}
and such register shall remain in the hospital open to
inspeetiym
1862.
92
Sec. 29. Be it further enaefed, That whenever any con-
Sick convicts. vjcj. 8]iau complain of such illness as requires medical
aid, if, in the opinion of the physician, the illness is
such as requires his removal to the hospital, the warden
shall order such removal, and the convict shall remain
in the hospital until the physician shall determine that
he may leave it without injury to his health.
as to insane con- Sec. 30. Be it further enacted, That whenever the
viets. physician of the penitentiary shall report to the warden
that any convict is insane, it shall be the duty of the
warden to cause such insane.convict to be removed to
the hospital, or such other place as to secure his safe
keeping and proper care in the penitentiary until re¬
moved.
insane c-mvicts Sec. 31. Be it further enacted, That the physician of
thee"e°nord t0 Pen^entia'ry shall report to the governor the names
egovemor. ^ insane convicts that are now, or may hereafter
be imprisoned in the penitentiary, as ofteu as such cases
shall occur.
Exem ti n from ®EC* 32. Be it further enacted, That all persons hold-
ihUitiftduty.r ing office or appointment in the penitentiary shall be
exempted, during their continuance in office, from serv¬
ing on juries, from militia duty, and from working on
public roads, and their testimony shall be taken in civil
suits by deposition, as provided by law for other pur¬
poses.
Contracts to be ®EC* 33. ^e ^ further enactedThat the principal ar-
made for certain ticles purchased for the use of the penitentiary, such as
aric ' provisions and fuel, together with their transportation,
shall be contracted for by the year, when such contracts
can be advantageously made, and the warden shall give
previous public notice, in two newspapers at least in
this state, of the articles wanted, the quantity, quality
thereof, the'time and manner of delivery, and the pe¬
riod during which proposals therefor will be received ;
and such notice shall be published a sufficient length of
time for the information of persons who may probably
be desirous to offer proposals for such contracts.
As to proposals ®EE' 34. it further enacted^ That all such proposals
shall be in writing, and sealed up, and on the day ap¬
pointed they shall be opened by the warden in the pres¬
ence of the inspectors and compared, and the person
offering the best terms, with satisfactory security for
the performance of the same, shall be entitled to the
contract, unless it shall appear to the warden and in
18012.
apecfeors that none 0/ the offers are as low as the market
price; in that case, no offer shall be accepted, and the
warden, with the consent 6f the inspectors, may adver*
tise again, as before, or he may proceed to make con¬
tracts for any of the articles wanted for the penitentiary,
in the best way he can, for the interest of the state,
without further notice.
Sec. 35. Be it farther enacted, That every such con- t0
tractor shall give bond in a reasonable sum, with satis-glVe m '
factory surety, or sureties, for the performance of his
contract, and no officer of the penitentiary shall be con*
cerned or interested, directly or indirectly, in any con¬
tract, purchase or sale made for, or on account of, the
the penitentiary.
Sejo. 36. Be it further enacted, That all contracts on contracts to fce
account of the penitentiary shall be made by the war-inM,ritins*
den, shall be in writing, and when approved in writing
by the inspectors, shall be binding in law, and the war¬
den, or bis successor may sue thereon to final judgment
and execution. Ko suit shall abate by reason of tb<3 aatttoabate,
office of warden becoming vacant, but any successor of **
the warded, pending such suit, may take upon himself
the prosecution thereof, and, upon motion of the ad'
verse party, he shall be required so to do, or submit to
a non-isuit.
Sec. 37. Be it further enacted, That it shall be the pupate «fraw
duty of the warden of the penitentiary, under the di-BlaterlBl8«
Vectiou of the inspectors, to purchase and pay for, out
of any funds in the treasury, such raw material as may
be necessary to be manufactured and used by the con¬
victs.
Sec. 38. Be it further enacted, That the necessary Medicines, &c,
medicines and other hospital stores, for the use of the
penitentiary, shall be purchased from time to time, as
may he requisite, by the warden, with the advice of the
physician, and under the direction of the inspectors.
ISec. 80. Be it further enacted. That all books of a c- Books of * Mount
couuts, registers, returns, and other documents, and ^^Wi9doett"
papers relating to the affairs of the penitentiary, shall
be considered as public documents, and remain therein^
and the warden shall cause to be preserved official cop¬
ies of his correspondence with the governor, inspectors,
or other public officers, and of any official communica¬
tion he may have received from them,
SiMJ. 40. Be it further* enacted^ That the rempval pt
1862.
94
Removal of pi-is-Pr^80Ders 1° the penitentiary shall be as laid down in
oners as m code, the code, in sections 8920 to 3941, excepting section
wu exception, where it reads "United States," shall be "Confed¬
erate States."
ponce ana pan- ®EC* ^1« ^e ^ farther enacted, That the police of the
ishment. penitentiary and punishment of escapes, as laid down
in the code, from sections 3942 to 3977, shall remain in
force, excepting section 3970, where it reads "on con¬
viction, be punished by solitary confinement in the pen¬
itentiary not exceeding two years, at such intervals as
the court may direct," to read "on conviction, the pen¬
alty shall be death"; also in sections 3972 and 3973,
where it reads "United States" to read "Confederate
States."
Repealing aec- Sec. 42. Be it further enacted, That all laws and parts
tion- of laws contravening the provisions of this act be, and
the same are hereby repealed.
Approved December 5, 1862.
Ho. 85.] AH ACT
Supplemental to "An act reorganizing the State Peni¬
tentiary," approved 5th December, 1862.
Sec. 1. Be it enacted by the Senate and JToksc of Bef re-
sentatives of the State of Alabama in General Assembly
convened, That if, from any cause, the fund deposited in
if penitentiary the state treasury, under the tWenty-third section of an
^/theGovmnor act entitled "an act to provide for the reorganization of
draw his or. the penitentiary," and approved 5th December, 1862,
or any portion of the same, shall, in the opinion of the
governor, be required to carry on the penitentiary, he
may, by his order in writing, specifying the object and
the amount required, direct the comptroller to draw his
warrant on the state treasurer, payable out of said fund,
for the amount so directed.
Approved December 9, 1862,
85
AH ACf
1862.
Ho. 86.]
In relation to homicide committed by convicts in the
penitentiary for life.
SeC. 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly
convened, That any convict, sentenced to imprisoment Death penalty,
for life in the penitentiary of this state, who afterwards
commits murder in the first degree, while such sentence
remains against him, on conviction, shall suffer death.
Sec. 2. Be it further enctcted) That on the trial in such Aato trial!
cases, a copy of the transcript of the conviction and
sentence of the convict,, filed with the warden or lessee
of the penitentiary upon the delivery of such convict
therein, shall be received as evidence of the sentence
in the penitentiary for life: Provided, ,said copy is cer¬
tified, under the hand and seal of the Warden or lessee.
Approved November 20,1862.
In relation to the transfer of insane convicts from ^he
Penitentiary to the Hospital for insane persons.
Sec. 1. Be it enacted by the Senate and House of Repre¬
sentatives of the State of Alabama in General Assembly
convened, That hereafter it shall be the duty of the clerk nWof tierk of
Of the court, in any county where any person may becourt'
convicted of a felony, and sentenced to imprisonment
in the penitentiary, to forward to the lessee, or other
person having the peuiteutiary in charge, a certificate,
showing the county in which the convict resided at the
time of the commission of the offense for which he was
committed, and if such convict had no known place of
residence, then the certificate must state that fact.
Sec. 2. Be it farther enacted, That when any insane Expense®.how
convict in the penitentiary shall be sent to the hospitalpaid'
for insane persons, under the provisions of "an act to
amend the fourteenth section of an act to establish a
hospital for insane persons in Alabama," approved De¬
cember 4th, 1861, the expenses shall be paid as therein
provided, upon the certificate of the lessee, or other
Ko. 87.]
AST ACT
1862, 06
person having the penitentiary in charge, that the in¬
sane convict is in indigent circumstances, and. has no
known place of residence.
Approved Kovember 26,1862,
Ho. 88.] AH ACT
To repeal an act entitled "An act for the relief of in¬
sane convicts in the Penitentiary.
Sec. 1. Be it enacted by the Senate and House of Repre¬
sentatives of the State of Alabama in General Assembly
iot{0rmeXcnnvened> That an act entitled "an act for the relief of
j?pea o rme *ngane convicts in ^he penitentiary," approved Decern
ber 9th, 1861, be and the same is hereby repealed, ex¬
cept as to convicts who were sentenced to confinement
Exception, in the penitentiary for a period longer than life time,
and whose general deportment in the penitentiary has
been good, and whose general character was good be¬
fore they were sent to the penitentiary, and who were
not sent there tor rape. And the same compensation
shall be allowed for guarding any insane convicts to and
from the insane hospital,' as is now allowed to sheriffs
and guards for carrying prisoners to the penitentiary,
to be paid by the state..
Approved Hovember 29,1862,
Ho. 89.] AH ACT
To provide for the discovery of Lead in Alabama.
Sec. 1. Be it enacted by the Senate and House of Bep«
resentafives of the State of Alabama in General Assembly
Governor^ convened, Tnat the governor is authorized to appoint a
point a compe. competent person to examine in the proper localities for
en pewon. eXjg^ence 0f ]ea(J ai)(J use for purpose
the necessary implements in the possession of the State,
or of the University.
Sec. 2. Be it further enacted, That the person so ap-
seJect aBststantisI poiiited may select such necessary assistants as may be
authorized by the governor, and the governor shall pay
97
1862.
the expense of^ such survey and examination out of the
contingent fund.
Approved December 2, 1862.
No. DO.]
AN ACT
To repeal in part An act to regulate the agencies of In¬
surance Companies, not, incorporated by the tState
of Alabama, approved February 24, 1860, so far as it
relates to Life Insurance Companies, incorporated by
any of the Confederate States, which do not take
fire, river, or marine risks.
Sec, 1. Be it enacted by the Senate and House of Itep~
resent a lives of the Sta,fe of Alabama in General Assembly
■Convened, That the above recited act be, and h hereby
repealed, so far as it relates to, atid affects, life insur¬
ance companies, incorporated by any of the Confederate
States, which do not take tire, river, or marine risks:
Provided, however, That the tax required by said act, to
be paid by life insurance companies, or their agents,
Bhall continue to be paid as provided by said act.
Approved November 28, 1862.
In relation to the Distribution of the Educational Fund
for 1862.
Sec. 1. Be it enacted by the, Senate and House of Bep-
resen la tires of the State of Alabama in Genet at Assembly
convened, That the superintendent of education is hereby
authorized in declaring a dividend of the educational
fund for 1862, to allow to counties, from which returns
have riot been made, in consequence* of their occupa¬
tion by the public enemy, a proportion of such fund,
basing bis allowance upon the returns of 1861, of the
county superintendents.
Approved November 26, 1862.
No. 91.]
AN ACT
7
1862.
98
No. 92.] AN ACT
To ameud Chapter 1, title 13, pait the 1st of the Code
of Alabama.
Sec. 1. Be it enacted by the Senate and House of Bepre-
conferredwon sentatives of the State of Alabama in General Assembly
courts county convened, That all the power and authority conferred
commi'sio . ^ corp0rate authorities of the towns in this State,
respecting establishing hospitals for persons infected
with contagious diseases, and quarantine in chapter 1,
title 13, part the 1st of the Code, be and the same is
hereby conferred on the courts of county commission¬
ers, and said courts are hereby authorized to establish
such hospitals and make such rules and regulations as
may in their opinion be necessary to prevent the spread
of any contagious and infectious diseases, and appoint
such guards and superintendents as may be necessary
to effect the object contemplated by this act.
Approved November 11, 1862.
No. 93.] AN ACT
To suspend sections 40 and ?1 of the Code, so far as
they apply to the called session of the General As¬
sembly of 1862.
Sec. 1. Be it enacted by the Senate and House of Bepre-
sentatives of the State of Alabama in General Assembly
convened, That sections 40 and 41 of the Code, so far as
they apply to the called session of the general assem¬
bly of 1862, be and the same are hereby suspended;
and that the duties required to be performed by said
sections shall be required to be performed within ten
days after the end ot the next regular session.
Approved November 8, 1862.
99
1861
tto. 94.] AN ACT
To amend section 88 of the Code.
Sec. 1. Be it enacted by the Senate and House of Bepre- ^ eeitah,
seniatives of the Slate of Alabama in General Assembly puwL printing
convened., That section 88 of the Code be so amended mcrea8ed*
as to make the price for each page of the acts and joint
resolutions, and binding the requisite number included,
four dollars and eighty-live cents; for each page of the
journals and revenue laws, three dollars and eighty-five
cents j for blanks printed on paper per quire, two doU
lars.
Sec. 2. Be it further enacted, That the present state
printers shall be entitled to the benefits of this act.
Approved December C, 1862.
No. 95.] AN ACT
To amend section 165 of the Code of Alabama.
Sec. 1. Be it enacted by the Senate and House of Bep-
resentatives of the State of Alabama in Gendral Assembly
convened, That section 165 of the-Code of Alabama be
amended by adding thereto the words, "the resignation
of justices of the peace and constables must be trans¬
mitted to the judge of probate of the county in which
they respectively reside.
Approved November 4,1862.
No. 96.] AN ACT
To amend section 396 of the Code.
Sec, 1. Be it enacted by the Senate and House of Bepre-
sen tat ires of the State of Alabama in General Assembly
convened. That section 396 of the Code of Alabama, be
and the same is hereby amended by inserting the words
"soldiers, and to recover deceased soldiers pay," after
the word "pensioners," and before "and"
Approved November 8, 1862.
1862,
100
No. 97.] AN ACT
To amend section 664 of the Code.
Sec. 1. Be it enacted by the Senate and House of Repre¬
sentatives of the State of Alabama in General Assembly
convened, That section 664 ot the Code be amended by
striking out of the last line the words, "to be fixed by
a judge of the circuit court," and insert in lieu thereof,
"to be fixed by a judge of the supreme or circuit
court, or any chancellor of the State."
Approved November 3, 1862.
No. 98.] AN ACT
To amend section 499 of the Code, so far as the coun¬
ties of Macon, Barbour and Shelby are concerned.
per <nem «nd Sec. 1. Be it enacted by the Senate and House of Rep-
mileage. resentatives of the State of Alabama in General Assembhj
conve< ed, That the members of the court of county
•commissioners of Macon, Barbour and Shelby counties,
shall be entitled to receive in addition to their per diem,
mileage at the rate of five cents per mile on the near¬
est public road going to and returning from each term
of said court, to be paid as prescribed by said section
499.
Approved November 21, 1862.
No. 99.] . AN ACT
To amend section 1140 of the Code of Alabama, as to
Coffee, Covington and Walker counties.
Sec. 1. Be it enacted by the Senate and Bouse of Rep-
'Torty five" for Tesentative of the State of Alabama in General Assembly
convened, That the words "forty-five", where they occur
in the third line of. section 1140 of the Code, be and
they are hereby stricken out, and the words "fifty-five"
. .. , inserted in lieu thereof; thai the word "eighteen" in
st6on " for ^
^eighteen." said section 1140 be stricken out, and the word "six-
101
1862,
teen" Inserted, as to Coffee, Covington and Walker
counties.
Sec. 2. Be it further enacted, That justices of the justices t® c®»-
peace in Chvington county within their respective pre-pOTUonlw!"' 8p*
cincts, under fifty-five years of age, shall be subject "to
perform the duties of apportioners on public roads.
Sec. 3. Be it further enacted, That this act shall not Limitationafact
continue in force any longer than the termination of
the present war between the Confederate States and the
United States.
Approved November 17, 1862.
No. 100.] AN ACT
To amend section 1203 of the Code, and for other pur¬
poses.
Sec. 1, Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly Bridges®*cause
convened, That section 1203 of the Code be amended by wai>« w* <»'
adding, at the close thereof the following: "And if thepa '
contractor shall knowingly suffer any such bridge or
causeway to remain out of repair, and unsafe for the
passage of travellers and other persons for more than
ten days at any one time, during the period stipulated
for its safety by the terms of his contract, he shall be
guilty of a misdemeanor, and, on conviction, shall be
fined, for the use of the county, in a sum not less than
double the value of the materials and labor necessary
to put such bridge or causeway in the state of safety
required by the terms of his contract,
Sec. 2. Be it further enacted, That the duties imposed
on apportioners of roads, by subdivisions four, five endDattea>
six, of section 1156 of the code, are hereby made appli^biet®j>ri^?*"
cable to bridges, built under contract with the court of
county commissioners, and persons violating the first
section of this act.
Approved .November 24,. 1862.
1862.
102
No. 101.]
AN ACT
To repeal the 5th. Division of Section 1551, Article 1,
Chapter 6, of the Code of Alabama.
Sec. 1. Be it enacted by the Senate and Howe of Bepre-
sentatives of the State of Alabama in General Assembly
convened, That the 5th division of "section 1551, article
1, chapter 6," of the Code of Alabama, be and the same
is hereby repealed.
Approved November 7, 1862.
To amend subdivision four of Section 2318 of the Code,
relating to the procuring of testimony by deposition.
Sec, 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly
convened, That subdivision four of section twenty-three
hundred and eighteen of the Code be amended, by add¬
ing to the end thereof the words, "or is engaged in the
military or naval service of the Confederate States, or
of this State."
Approved December 2, 1862.
To amend Section 3143 of the Code.
Section 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly
convened, That section 3143 of the Code of Alabama be
amended, so as to insert, after the word "copartner¬
ship," where it occurs in the second and third line of
said section, the words, "or officer, or agent, or clerk,
or person in the employment of this state or of the Con¬
federate States."
Approved December 4, 1862.
No. 102.]
AN ACT
No. 103.]
AN ACT
103
1862.
Ho. 104.]
AH ACT
To amend Section 3150 of the Code.
Sec. 1. Be it enacted by the Senate and House of Hep-*
resentatices of the State of Alabama in General Assembly
convened. That section 3150 qf the Code be amended,
by adding, after the word "property," at the end of the
section, the words, "an indictment may be preferred,
tinder this section, although the principal offender has
»ot been tried or convicted."
Approved December 4, 1862.
To amend section 4003 of the Code of Alabama.
Sec. 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly
convened, That section 4003 of the Code of Alabama be
so amended as to authorise jailors to make oath to their
accounts before the judge of probate, the accounts first
to be certified, by the clerk of the circuit court of such
County.
Approved December 9, 1862.
To increase the corporate privileges of the Banks and
Insurance Companies of the State of Alabama.
Sec, 1. Be it enacted by the Senate and House of Repre¬
sentatives of the State of Alabama in General Assembly Contingency.
convened, That whenever hereafter any of the chartered
and free banks, or insurance companies of the State,
shall, in the opinion of the president and directors
thereof be endangered by invasion of the public ene¬
my, actual or threatened, it shall be lawful to remove
said banks, or insurance companies, their property and may <to.
effects, respectively, and all things appertaining to their
business^ to such other place or places? in the State of
iSTor 105.
AH ACT
Ho. 106.]
AH ACT
1862.
104
Alabama, as the said president and directors may deem
safe.
Sec. 2. Be it further enacted, That all acts, which
Acta legalized. an^. 0f t)ie sap] banks, or insurance companies can or
may lawfully do, under their charters, shall be, to all
intents, as valid and effectual, and as binding on the
said banks and companies, and all other parries in in¬
terest, when performed at the places to which they may
be so removed, as if performed in their former counties.
ISec. 8. Beit further enacted, That at any time be-
Ais-° fore the termination of the existing war, between the
bsma" United States and the Confederate States, it shall be
lawful for the commissioners, named in an act entitled
"An act to authorize books to be opened in the city of
Montgomery, for subscriptions to the capital stock'of
the Bank of Alobama," approved February 1, 1861, or
any two or more of them, to open books of subscrip¬
tion to the capital stock of the said Bank of Alabama,
and to do any and all other acts or things necessary to
organize said Bank of Alabama, according to the terms
and provisions of said act, and the act to incorporate
said Bank of Alabama, approved February 13, 1860,
and the act in relation to said Bank of Alabama, ap
proved December 3, 1861, at any place in Alabama
which they may deem convenient and secure from the
enemy, and at any time before the termination of the
existing war, it shall be lawful for the stockholders of said
Bank of Alabama, or persons or corporations who may
have subscribed for stock in said bank, or the president
and directors, and other officers of said bank, when
elected, to do any and every act and thing necessary to
organize said bank, and enable it to commence and
carry on its banking business and operations, according
to the terms and provisions of the several acts referred
to in this act, at any place in Alabama, which the said
commissioners, or any two or more of them, or the
president and directors of said bank when elected, or a
majority of them deem convenient and secure from the
enemy ; and said bank, when organized in accordance
with the provisions of this act, and of the several acts
herein referred to (which several acts are hereby continu¬
ed of full force, except as modified or amended by each
other and this act), at any place in Alabama, shall be
deemed and taken to be lawfully organized and shall have
a full right to carry on its banking business aud opera-
105
1862.
thins from the time of such organization to the expiration
of the fall term mentioned in its charter, for the dura¬
tion or continuance of said bank, as if said bank here¬
tofore had been organized and put into operation in
8triot accordance with its charter, and with the several
acts herein referred to; and if said bank shall be
organized before the termination of the war, it and its ^°^®bJ®movedl
operations shall be remoyed to the city of Mobile as ° ° ie'
soon after the termination of the existing war as the
president and directors thereof may deem the city of
Mobile secure from the enemy,
Sec. 4. Be it farther enacted, That this act shall be PubUcact>
deemed and construed to be a public act: Provided
however, That the provisions of this aet shall not apply praYig()>
to any bank or insurance company in this State, which
may refuse to receive on general deposit, or in payment
of debts due to it, the treasury notes of this State or of
the Confederate States.
Approved November 7, 1862.
No. 107.] AN ACT
To establish a Bank in the town of Opelika, Alabama,
to be called the Exchange Bank of Alabama.
Sec. 1. Be it enacted by the Senate and House of Repre¬
sentatives of the State of Alabama in General Assembly ®a„nfc •establiBh"
convened, That a bank be established in the town of
Opelika, Russell county, Alabama, the capital stock ofCapltai stock*
which shuli not exceed six hundred thousand dollars,f
divided into shares of one hundred dollars each.
Skq. 2. Be it farther enacted, That A. B. Griffin,
Loxla Edwards, W. C, Ross, Ii. C. Jeter, N. Sledge,
James M, Green, E. O. McCurdy, W. C. Sorige, j. R.
Hubbard, E. Hollis, W. G. Williams, and Robert s,
Brownfield, be authorized as commissioners to receive
subscriptions for shares ofstock, not to exceed six hun^
dred thousand dollars; the said commissioners, or a
majority of them, shall designate the time and place Rooks be
for receiving subscriptions to said stock; shall keepMdpttona" ^
books open and receive subscriptions for thirty days,
unless the said amount of six hundred thousand dol¬
lars bhall be sooner subscribed^ and in any eveut shall
1862.
106
keep books open for ten days, and until, as much as two
hundred thousand dollars be subscribed ; the said com¬
missioners shall give at least thirty days' previous no-
Notice to be giv-tice of the opening of said books by advertisement in
en, and how. ieast three public newspapers, published in this State,
and elsewhere in their discretion, and shall keep a cor¬
rect record of all their proceedings.
Sec. 3. Be it further enacted, That at the time of ad-
fhIredto"br m mitting such subscriptions for stock, the said commis-
s are o epai . gjonerg g^p require from the subscriber the sum of live
dollars for each share subscribed; the subscriber shall
further pay an installment of fifteen dollars per share
«... < . „ within ninety days after the first opening of said books ;
Other install- . ,, J , J„ „^ o . . »
ments. an installment of fifteen dollars per share within six
months after said opening day; twenty dollars per share
within nine months after said opening day; twenty-live
dollarspershare within twelve months after said opening
day, and twenty dollars per share within fifteen months
Discretion of after said opening day; but any subscriber may, if he
subscriber.* thinks proper, pay in his subscription at earlier days
than above limited, and in such case, interest shall be
equalized with the other stockholders upon equitable
principles; the said commissioners shall deposit all
posited/0 ^e<ie" moneys received by them in such bank, or other place
of deposit as they may select, until the said new bank
shall go into operation, after pajmient shall be received
by itself; the commissioners shall shall have power to
vacancies. fill vacancies, occurring in their own body, by death,
absence, or refusal to act until their duty is performed.
Sec. 4. Be it further enacted, That whenever a sum
Election of offl-of not less than two hundred thousand dollars, nor
cms. more than six hundred thousand dollars, shall have
been subscribed to the capital stock of said bank, and
after closing the books of subscription, and after half
of the capital stock subscribed shall have been actually
paid in gold or silver, the said bank may elect its ofli-
Conditions. Cers under the following conditions, to-wit: the presi¬
dent and directors of said bank thus appoiuted shall,
without loss of time, make the necessary arrangements
to put the bank in operation, so soon as pursuant to the
provisions of this act, the bauk shall possess in gold
and silver one half of the capital stock subscribed ; but
the said bank shall, under no pretext whatever, com¬
mence its banking operations by discounting bonds, or
notes, or bills, by loaniug money, or putting into eir-
107
1862.
■dilation its own nrttes until it actually, and in good!
faith shall have And possess, of its own absolute prop¬
erty, in gold or silver, one half of the whole amount of
capital stock subscribed, and shall have returned to the
governor of this State an account thereof verified, by
oath or affirmation, of the president or cashier for the
time being, nor shall the bank so commence its opera--
tions until the governor, satisfied by the return afore¬
said, and by such other evideuce as may be offeted,
shall issue a proclamation, declaring that said returri Govern** to &-
had been fully made, and that it appeared to his satis-8aeprocamaiOB
faction that said company had, of their own absolute
property, the amount in gold and silver aforesaid, and
were authorized under the provisions of this act, to
commence their banking operations as aforesaid, and if
said bank, without actually* and in good faith, having
of its own property, the amount of gold and silver as
aforesaid, or without having made return as aforesaid,
or without the proclamation of the governor as afore¬
said, shall commence any such banking operations as
aforesaid, the charter hereby granted sh ill be null and.-
*i i '-ii *iit -i i ii" Penalty far eom-
void, and said bank shall be considered, to all intents mendpg without
and purposes, an unchartered bank; and if more sub- the conditions,
scriptious be offered to the commissioners than they
are authorized to receive, they shall scale and allow the
subscriptions in such mode as they shall deem equita-.Excess of m*-
ble, giving, in all 'cases, the preference to subscribers, **
who shall be citizens of Alabama, and if still necessary,
they shall reduce the largest subscriptions so as to form
the proper amount of capital stock, and no tnore: Pro¬
vided, That no other hank be allowed to take stock in
said hank.
Sec. 5. Be it further enacted, That if, in closing the Boofaf way
books of subscription, a sufficient capital shall not be opened again,
subscribed to authorize the bank to go into operation
under the terms of Jiis act, the commissioners may
again open the books afterwards, at such time and place
as they may direct, under the same regulations as be¬
fore provided, until the subscriptions be sufficient; af¬
ter the bank officers shall have been elected, if the stock
is not full, the board of directors shall have power to
cause books to he opened, from time to time, until the
stock aud capital be full, and to appoint commissioners
to receive such subscriptions, Under such rules as they
may prescribe, provided thirty days' notice be givenp
1862.
108
by advertisement as before prescribed, of the time and
place of receiving such subscriptions,
dy corporate Sec 6. Be it farther enacted, That the stockholders
BSankEof AiaSe bank, and their successors, shall, when a suffi¬
cient amount shall have been subscribed and paid in,
be and they are hereby created a corporation and body
politic, by the name and style of the Exchange Bank of
Alabama, and shall so continue until the first day of
June, 1893, and by that name shall be, and they are
declared able and capable in law to have and to own,
Privileges purchase, receive, possess, and retain to them and their
successors, lands, rents, tenements, hereditaments,
goods, chattels, and effects, of whatever kind, nature
and quality, money, obligations, stocks, bonds, bills,
notes, securities, aud choses in action of whatever kind
or nature; and the same may sell, grant, demise, alien,
convey, or dispose of, and may sue and be sued, plead
and be impleaded, answer and be answered, defend and
be defended, in any suit, matter, or thing, depending
in any court of law or equity, and shall also have pow¬
er to make, have and use a common seal, and the same
to break, alter and renew at pleasure; also to ordain, es¬
tablish, alter and repeal by-laws, ordinances, and regu¬
lations as they may deem necessary and convenient
from time to time, for the government of said corpora¬
tion, not being contrary to the constitution and laws of
the Confederate States, or of the State of Alabama;
also to make loans and discounts, deal in money, notes,
bills of exchange, bonds, mortgages, and securities of
all kinds, to receive deposits, to make and issue bank
notes, payable on demand to bearer, and to make all
contracts, and transact all such business as is usually
transacted by banks, and as are within the scope of
banking operations, and generally to do and execute all
and singular the acts, and matters and things, which to
them it shall appertain to do, as incident to bodies cor-
Restrictions. porute, subject, however, to the rules and limitations
herein contained: Provided, That said bank shall not,
in any case, deal in, or purchase, merchandise, produce,
or personal property of any kind, or real estate, except
for its necessary banking houses, buildings and pur¬
poses, or by way of securing payment of debts due it,
nor shall it issue, or cause to be made for circulation as
currency, any bills or notes that arc not payable on de¬
mand.
1862,
Skc. 7. Tie ii farther enacted* That the affair of said BiArd dire<Jt.
bank shall be managed by seven directors, elected an-™*®
nually by the stockholders of said bank; at all elections
the stockholders shall elect the directors, and shall votes™ elected,
according tothe scale and rates of votes following i each
stockholder", for every share he may hold, not exceed¬
ing twenty-five, may give one vote; for every two shares
above twenty-five and under fifty, one vote; for every
three shares above fifty and finder one hundred, one
Vote; for every five shares above one hundred and un¬
der one hundred and fifty; one vote; and for every tefi
shares above one huudred and fifty, one Vote; and, af¬
ter the first election, no share shall confer a right to
vote, which shall not have been holden by the Voter
three calendar months previous to the election; the
stockholders shall be entitled to vote either in person
or by proxy; the shares of infants may be Voted for by
their parents or giiardiaus; if married women, by their
husbands or trustees; if corporations, by their presi¬
dents; if copartners, or joint owners, by either unless
the other dissent, id which case neither shall vote, and
all powers to authorise persons to vote by proxy shall
be ju writing.
Skc. 8. Be it farther enacted, That the first election
for directors shall be held as soon as may be after the jswtelection,
books of subscription shall be closed, and a sufficient
number of shares be subscribed; the said Commission¬
ers appointed to receive subscriptions* shall hold said
first election, on such day as they may appoint, after
giving thirty days' notice of the time and place of hold-^
ing the same; they shall certify to the directors the
names of the persons so elected; shall hand over their
records to them, and the moneys subscribed and paid ;
the said board, so elected, shall proceed to elect a pres¬
ident from their own number, and the board shall eon -President*
tinue in office until the expiration of the seCond Mon¬
day in January following, and until their success >rs
shall enter upon their duties; the subsequent electrons Election of di-
for directors shall he held in the banking house, on thereetors
second Monday in January, in each year; the new board
elected shall be authorized to enter upon its duties the
day after, and continue until the expiration of the sec¬
ond Monday of January next thereafter, and until their
successors shall organize and enter upon their duties;
the polls shall be held by three stockholders, other than
1862.
110
Rules in the elee- directors, appointed by the.board to bold the same; the
«on. vote shall be by ballot, under such regulations as the
bank may prescribe, but ten days' notice of such elec¬
tion shall be given in one newspaper of the county in
which said bank is located, and no stockholder shall
vote at any time while in default of payment of install¬
ment of stock.
Eligibility. ®EC* £>e M further enacted, That no person shall be
a director unless he shall own one thousand dollars'
worth of stock in said bank bona fde, and as his own
property; rior unless he shall be a resident citizen of
this State, and is not a stockholder in any other bank.
Sec. 10. Be it further enacted, That in case no elec-
?aiureto elect.; ^on sliall be made of directors or president at the time
provided by this act, the corporation shall not for such
cause be deemed dissolved, but such election shall be
held as soon after as may be on due notice. The board
Vacancies, how shall have power to fill all vacancies in the office of
flUed" presideut or directors; six months absence removal from
the state, transfer of stock down to a sum less than
oue thousand dollars, and any cause which shall prevent
the attendance of such officer permanently to discharge
the duties, or render him incapable of so doing, shall
vacate the seat of such president or director.
Sec. 11. Be. it farther enacted, That the president and
Cashier andoth-directors of such bank shall have power to appoint a
erofficers. , cashier, and all such officers, clerks, ageuts and servants
as may be necessary from time to time to carry on the
business of the bank, and prescribe their compensation ■
and duties and require proper bonds for the faithful dis¬
charge of their duties in their discretion, and to issue
bank bills payable to bearer on demand at their bank¬
ing house.
Sec. 12. Be it further enacted, That the shares of
Block assignable, stock in said bank shall be assignable and transferable
according to such rules as shall be instituted in that be-
halt by the by-laws and ordinances of the bank, and
Proviso. transfer books shall be kept for that purpose: Provided,
that in case of the failure of the bank within six months
after any such transfer or sale of stock, the party selling
and the party purchasing said stock shall be each held
liable for the payment of the debts of the bank in pro-
Further proviso, portion to the stock so transferred: Provided further,
that no transfer of stock shall be made so as to vest in
any one stockholder a greater number than one-fourth
Ill
mt
dmottnt of tlie -whole number of ghares subscribed for
in such Corporation: And Provided farther, that the
bank shall have power to pass by-laws to prevent the Another proviso.
assignment of shares by parties owing debts to said
bank past due, until such indebtedness be paid, and to
withhold dividends due to persons so being in default
if they think it proper.
Sec. 13. Be it farther enacted, That if any person or moye fw
persons, copartnership, or body corporate, shall bein-judgm^MnMr-
debted to said bank, as maker, endorser, guarantee, ortainoasea-
as drawer, or acceptor of any note, bill or bond, made
expressly negotiable and payable at the said bank, and
shall delay payment thereof, the said bank may move
for judgment and award of execution against such
debtor, in any court of record in the state where such
defendant may reside or corporation so indebted be lo¬
cated, and judgment thereon shall be rendered as may
be lawful and proper; Provided, that the defendant in Requirements,
any such case shall have thirty days' notice of such mo¬
tion before the same is made, specifying what the de¬
mand is: Provided also, that at the time of making proviso,
such motion, the bank shall produce and file a certifi¬
cate of its president or cashier, under the seal of the«
bank, that the debt claimed is really and bona fide the
property of the bank: Provided further, that if any de- Further proviso,
fendant shall appear and contest the claim, the court
shall require the bank to file its declaration and the de¬
fendant his pleas, and cause issues to be joined in law
or fact, to be tried instanter, or during the term, as the
court may direct, by a jury or by the court, as the case
may be, unless on sufficient cause shown it be neces¬
sary to continue the case, and the court shall give judg¬
ment as may be proper : And provided further, that the
summary remedy thus given shall not preclude any
other mode of redress which may be lawful to enforce
the right of the bank.
$ec. 14. Be it further enacted, That the said remedies
.given for the collection of debts due the bank shall be*cai! a wclp"
reciprocal for and against the bank, and in motions
against the bank, no certificate shall be required to be
filed as above set forth, and the courts of record in the
county in which said bank is located, having jurisdic¬
tion, shall hear motions for the recovery of all debts
due by said bank, and in all suits against such corpora-
1862.
112
fcion service of process on the president of cashier shall
be sufficient to bring the defendant into court.
frundafiiettt lar ®EC* ^ fur^ler ewcted, That the said bank
tuaU? en ""shall be subject to the following rules and regulations,
and they are declared to be fundamental articles in the
constitution of said corporation, to-wit:
Article 1st. The bank shall not commence operations
until half the capital stock subscribed for be actually
paid, in gold or silver, which amount shall in no case
be less than one hundred thousand dollars.
■ Article 2. That the stockholders in said bank shall
be bound respectively for all the debts of the bank in
proportion to their stock holden therein, and this provi¬
sion shall in no wise affect or impair the provisions of
the twelfth section of this act.
Article 3. That the bank shall not be authorized to
issue or have in circulation, at one time, notes or bills
of the bank to an amount exceeding twice the amount
of the capital stock actually paid in, ind in case of au
issue greater than herein allowed, the president and di¬
rectors under whose administration it may happen shall
Liability. be liable for the same in their natural and private ca¬
pacities, and actions may be brought against them, or
either of them, in any court, by any creditor of said
corporation, and may be prosecuted to judgment, any
condition or agreement to the contrary notwithstand¬
ing; but the corporation shall not on acount of this
provision be liable and chargeable with said excess:
Proviso. Provided, that the President and such of said directors
who may have been absent, or dissenting, when said ex¬
cess was contracted or created, may respectively exon-
( rate themselves from being so liable by forthwith giv¬
ing notice of the fact of their absence or dissuit at a
general meeting of the stockholders, which they shall
have power to call for that purpose.
Rule 1. The bank may at its option receive in pay-
aoV reo'uTbut meMt» or on deposit, the notes of the hanks of the states,
J ' but shall not pay out the same on loans, drafts or dis¬
counts.
Rule 2. The bank shall be required to procure and
Proportion of keep 011 han.d g0ltJ and silver in proportion, of not less
than one-third of the amount of bills it shall have in
circulation, and if withdrawn shall immediately proceed
to replace the deficiency.
Rule 3. The bank shall be required to receive money
113
18fi2.
on deposit and pay out the s^me to order, free of charge, shaii receive on
in such sums as the depositors may direct: Provided, dtPosit-
that the bank shall not be required to pay deposits in
less sums than twenty dollars, nor to receive them in
less Rttms than one hundred dollars.
Rule 4. The bank shall not take, retain or receive ori R,teor interest,
its loans or discounts, interest at a greater rate than as Qu»ri"».
follows: upon paper running six months or under six
per cent, per annum upon paper more than six months
and not exceeding nine months, seven percent, per an¬
num ; upon paper- running more than nine months,
eight per Vent, per annum : Provided, that a 11 paper had
and owned by said bank shall, after maturity, bear in¬
terest at the rate of eight per cent, per arm urn.
Rule 5. No director shall receive any emolument,
but the president may receive such compensation as the
stockholders shall at a general meeting assign him.
Rule 0. No director shall hold his office more than
three years out of four in succession, but the president
may always he re-elected for the ensuing term. ,
Rule 7. Not less than three directors shall consti-Quorum,
tute a quorum for the transaction of business, of which
the president shall always be one, except in case of
sickness or necessary absence, in which ease his place
may be supplied by any other director, whom under his
hand he shall depute for that purpose, and the director
so deputed may do and transact all necessary business
belongiug to the office of president of said corporation,
pnder the name of president pro (em, during the con^
tinuance of the sickuess or necessary absence of the
president.
Rule. 8. All officers of the bank, the president and officers to give
directors excepted, shall be required before they enterbond-
upon the duties ot their office, to give bond and secu¬
rity such as the board shall approve.
Rule 9. Yearly or half yearly dividends shall be
made of somuch of the profits as shall appear to the 1)ivIdends«
directors proper, hut no dividends shall be paid as prof¬
its which shall trench upon the capital of the bank.
Rule lb. Once in every three years the directors shall
lay before the stockholders, at a general meeting, for tr^l11JI®t1^eiBent
their information, an exact, full ami particular state¬
ment of the condition and affairs of said bank, show-
iug the particulars ot all suspended debts, and shall
8
1862.
Ill
give all information to them required for a proper un¬
derstanding of its true condition.
Rule 11. The directors shall have power to call a
General meeting general meeting of the stockholders at any time- they
may deem necessary and expedient, and a number of
stockholders not less than thirty, who together shall be
proprietors of five hundred shares of stock or upwards,
may at any time call a general meeting of the stock¬
holders, relative to the institution, giving at least six
weeks notice in a newspaper of the town or county in
which the said bank is located, of such meetiug, and
specifying the purpose or purposes thereof.
Rule 12. The said bank shall make to the comptrol-
Annuai state- ler of public accounts a return, once in every year, of
trouer!0 Comp"its true situation, showing the amounts of its assets and
liabilities, and of what they consist, also a list of stock¬
holders of said bank, and a list of the shares owned by
each.
Rule 13. The governor of the state shall appoint
t(>Ce^mine°eaech annuu'br two commissioners, whose duty it shall be to
3«>r' examine the money, books, papers and documents of
the said bank, and otherwise examine into its condition
and make a report thereon, within two months after
their appointment. The bank shall furnish all infor¬
mation to said commissioners necessary for an accurate
examination, and shall pay to said commissioners four
dollars per day each, not exceeding ten days each, and
Affidavit of com-saic^ commissioners shall each make affidavit before an
missioned. acting justice of the peace, that they have not, previous
to the time of their visit, communicated to the officers
of the bank the time when they would visit the said
rded. bank for examination as aforesaid, which said affidavit
shall be filed in the office of the sec**' tary of state.
Sec. 16. Be it further enacted, That by way of bonus
Bonus in lienor for granting this charter, the said bank shall pay annu-
tixes. {l]]y jnt() treasury of the state, on or belore the first
day of November in each year, and while the bank shall
continue banking business, an amount equal to thrice
the taxation, which may be assessed on every hundred
dollars of the value of lands, for the time being, by the
state, on each share of the stock of the bank, which
shall he in lien and composition of Ml taxation by the
state, county, town, or other authority, on the capital
Froviso. stock or business of the bank: Protidcd, that all real
115
1862.
estate owned by the bank shall be subject to pay taxes
as it* held by indivi luals.
Sec. 17. Be it further enacted, That whenever any when notes not
bills, notes, checks, or other issues of said bank are mark^'V'o-be
presented at the counter of the same for redemption,lested'"
and the bank shall refuse to redeem the same, either in
gold or silver, the cashier shall write across the back of
such bill, check, or other issue, the word "-protested,"
with the day and date, and shall sign the same, and all
such bills, notes, chectcs, or other issues so protested,
shall draw twelve per cent, interest from the date of
such protest, and until the same shall be redeemed, to- Twelve per cent,
gether with the interest that may have accrued thereon ; j:terff
O , 1 1 Ml i 11 I < tionnl toother
and it any such bill, note, check, or other issue be pre^mterest.
sented to said bank and payment refused, and said offi¬
cer fail to note the same "protested," as above provided,
such officer, so failing, and his securities, shall be sub-Pr<)vlso-
ject to pay double the amount of the demand offered
and refused, to be recovered by the person aggrieved in
any court of record in the county where said bank may
be located.
Sec. 18. Be it further enacted, That no stockholder Noloantodirec,
of said bank shall receive'any loan from the bank, ei-t«r jf«tock not
ther directly or indirectly, until the whole amount ofa11 pai '
his stock shall be paid ; and no stockholder, while any
portion of his stock is unpaid, shall be otherwise a
debtor of said bank, nor shall said bank, under any pre¬
text, hold any stock purchased by it of its stockholders
for more than six months from the date of purchase.
8ec. It). Be it further enacted, That if any debt or 3m bolder of
« - - /• • i l l ■ i* ceedingonenun-
demand due from said bank, tor an amount exceedingdreddollars
one hundred dollars, shall remain unpaid for more than ce^Nf payment
ten d-iys, after proper demand made for payment, the18refused*
holder of such debt may file a bill in the chancery court
of the county or district in which said bank is located,
for the settlement of all the debts of the bank, if ho
elect so to do, and may on proo \ by affidavit, of such .
refusal to pay on demand, and of the continuance of
such refusal, made to any chancellor or judge of any
circuit court of the state, pray an injunction to restrain
said bank and all its officers from paying out, or in any
way transferring or delivering to any person any money
or assets of said bank, or incurring any obligation or
debt, until such order be vacated or mollified; and if injunction may
such chancellor or judge shall be of opinion that the be wanted.
1862.
116
debt is justlj7 due, and that the bank baa no just defense
against the demand, and if it shall appear expedient
and necessary, upon the proof presented, in or ler to
. prevent fraud and injustice, he Shall grant an order for
Proviso such injunction : Provided, that the bank shall have had
such reasonable notice of the application as the chan¬
cellor or judge may prescribe, and shall not be able to
show sufficient cause against the same, and the said
chancellor or judge shall then proceed further to in¬
quire, on such further notice as h<? may prescribe, whe¬
ther the bank be clearly solvent or not, and may require
the officers of the bank to exhibit any and all of its
books, papers, accounts, assets, moneys and effects, and
be examined on oath touching the same before him,
and if it shall appear that said batik is not clearly sol¬
vent, then he may make an order declaring the same to
be insolvent, and requiring its affairs to be wound up
and settled; and further, if, in his opinion the .safety of
the creditors shall require it, such judge or chancellor
may appoint a receiver to take charge of the assets of
the bank and to close and settle its affairs, and may
make all such orders for t«he accomplishment of the
same safely, properly, and economically, as the ease may
require ; but if it shall appear on such examination that
said bank is already solvent, or if there shall appear to
be a deficiency,of assets, and the bank shall procure
and give good security for the payment of any defi¬
ciency which, may exist, and that the assets shall prove
sufficient to pay or satisfy all the debts of the bank, to
the satisfaction of the judge or chancellor, then no such
receiver shall be appointed, and upon the payment of
the debt complained of, the injunction and proceedings
shall he dismissed, and such order shall bo made for the
payment of costs as the judge or chancellor shall deem
proper and just, and the proceedings shall be returned
and made of record in the chancery court of the county
or district in which said bank is located, and shall be
subject to revision and correction by the supreme court,
as in other eases.
Sec. 20. Be it farther evaded, That in case the said
when insolvent bank be found insolvent, and settlement of its affairs
how to proceed, be ordered as herein provided, the same shall he done
upon bill filed in said chancery court, under the order
of court and rules of chancery, and full distribution
shall be made of the assets according to the rights of
117 1862.
^ 1 1 " ■
all parties; but the holders of bank notes and obliga-Bai-hoWem
tions issued for circulation afl money, shall be first calledferred creditoirs'
in and paid, and shall have priority over other debts
due from the bank, and alter the assets of the bank are
exhausted, if they be not sufficient to pay all debts and
liabilities, a further call shall be made on the stoekhol- tuerkiubieewftw'
ders in the bank for a further payment of capital, over
and above the sum of one hundred dollars, of an amount
equal to the deficiency, which shall be apportioned
among; all the shares of stock, and an order shall be 0rder of ^
made by the court for the payment by each shareholdercourt-
of the sum or proportion due on his share of stock,
and 'each shareholder shall pay the sum so assessed to
him, severally, in proportion to his stock. ,
Sec. 21. Be it further enacted, That the summary remedy for c^-
remedy in this act, given *or settling up and clo-nfto0 mere
sing the afi'airs of said bank, shall apply to the case of Pensioru
insolvency, but shall not be allowed in the case of a
suspension of specie payment Only by the bank, when
and so long as such suspension shall be sanctioned by
tlje general assembly, or by the governor of the state
during the recess of the general assembly; but nothing
in this act contained shall be so construed as to deprive
a creditor of said bank of bis fight to suit in any other
appropriate mode of proceeding, or to prevent the gen¬
eral assembly from hereafter regulating, by a general
law in relation to hanking institutions* the mod^ of
enforcing and satisfying the rights of creditors of said
bank : Broetdedr that any hill holder shall have t)ie right Proviso,
to move in any court having jurisdiction, or before any
* v 4.1 >. • ii 4 1 • | ■ ixi Eight of bffl-
justice of the peace in the town or county in which thenoidi^
bank is located, as the case may require, for the collec¬
tion ot any bill tlie payment of which may be refused.
ISeo. 22. Be it further enacted, That notwithstand-
ing the expiration of the time for which said corpora- aud liquidations,
tiou is created, jt shall be lawful to use the corporate
name, stvle and capacity, for the purpose of suits, and
for the final liquidation and settlement of the afi'airs
and accounts of tjhe corporation, for the sale and dispo¬
sition of its estate, real and personal, and collection of
it^ assets, hut u|>t for any other purpose, nor for a pe- LimUatian.
riol exceeding {wo years after the expiration of said
term of incorporation.
{Sec. 26. Beit furtlitr eweted% That said bank shall one dou'it9
1862. 118
issue no notes or bills of a less denomination than one
dollar.
Approved December 1, 1862.
Ho. 108.] AR" ACT
To incorporate the Red Mountain Iron and Coal Com¬
pany.
Sec. 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly
convened, That Wm. B. Gilmer, Wm. C. Bibb, John
incorporators, p pheton> F> Gilmer, jr., John T. Milner and oth¬
ers, their associates, now composing the "Alabama
Arms Manufacturing Company," under an association
made agreeably to the provisions of the Code of Ala¬
bama, touching private corporations, are hereby created
a body corporate, under the name and style of the Red
Same of comps-Mountain Iron and Coal Company, and invested with
all the usual corporate powers necessary to a corporate
lowers. existence ; such as to have and use a common seal, and
the same to alter at pleasure; to ordain all lawful by¬
laws and regulations needful to the purposes of the
corporation ; to hold all real and personal estate es¬
sential to their business, and generally to do, in a
corporate Way and manner, all things within the legiti¬
mate scope of the business and purposes of said corpo¬
ration, which are hereby declared to be mining for coal
and iron, and the making and general manufacture of
iron on their land's in Jefferson and Shelby counties.
Sec. 2. Be it further enacted, That in order to facil-
Eight to contract itate their operations in coal and iron, the said compa¬
ny are hereby invested with the right to construct such
works on the Cahaba river, in Shelby and Jefferson
counties, as they may deem necessary to create slack
water navigation on said river, above and below the
crossing of the Tennessee and Alabama Central Rail
j/imit of ton. Road, and shall be allowed to charge and collect a toll
upon all tonnage, timber, or other commodity, trans¬
ported by the public on said river thus improved, not
to exceed five cents per ton per mile, and shall also be
allowed to use in propelling their own machinery, cy to
119
18G2.
let to others the water power created by the construc¬
tion of their works.
!Skc* 3. Beit further enacted f That said company is further rghts.
hereby authorized to purchase, receive and hold, such
estate as may be necessary and convenient for the river
improvements, mentioned in section 2 of this act, and
may, by their agents, engineers, and servants, enter
upon all lands and tenements, upon which they may
deem it necessary td construct works for the purposes
above mentioned, and to survey, locate, and contract
for the right of way through, or damages to said lands,
or tenements, with the owners or managers of the lands
along said river, and when the company and the par¬
ties owning, or controlling, any lands along the con¬
templated river improvements, cannot agree as to thd
damage, it shali be lawful to proceed in the assessment
of said damages, as set forth in sections 9, 10 and 11
ot an an Uct entitled '• An act to incorporate the Rus¬
sell Rail Road Company," approved February 10,1852,
by substituting, where the wqrd rail road occurs, the
words f river improvements." See pages 109 aud 170
of Acts 1851-2.
Sec. 4. Be it further enacted, That the capital stock capital stock,
of said company may be increased at the discretion of
the board of directors, so as not to exceed, at anytime, individual iu-
the sum of twelve hundred and fifty thousand dollars,blllty'
divided into shares of one hundred dollars each ; the
individual liability of any stoekholder shall not extend
beyond the amonn^ of stock owued by him, hut each
stockhblder shall be liable to that extent out of his pri¬
vate property for any debt or defalcation created or in¬
curred during the time he was a stockholder.
Sec. 5. Be it further-enacted, That the acceptance of Acceptance sha«
this act of incorporation, by the Alabama Arms Manu-Test"
factoring Company, shall vest in said company, under
i^s new name, all the powers and privileges, and rights
of property, and claims of every kind, now held or en¬
joyed by said Alabama Arms Manufacturing Company,
and subject it in like manner to all the duties, obliga¬
tions, contracts, and liabilities of every kind, now rest¬
ing upon said Alabama Arms Manufacturing Company,
and said acceptance may be lawfully signified by a res¬
olution of the board of directors of said company, en¬
tered on their minutes.
Approved November 5, 18G2.
1862.
120
No. 109.] AN ACT
To Incorporate the Selmalron Foundry Company.
Sec. 1. Be it enaqfed by the Senate and House of Repre¬
sentatives of the State ot Alabama in General Assembly
convened. That U. J. McRae, and such other persons,
incorpbrators. as now are, or muy hereafter be, associated with him,
for the purpose hereinafter expressed, are hereby con¬
stituted a body corporate, with power of continual suc¬
cession to them, their heirs and assigns, with power to
Powers. am] be sued, contract and be* contracted with, to
hold, alien, and convey, buy and receive real and per¬
sonal estate of all kinds, and to have and to use a com¬
mon seal, and the srme to change, or alter, at will, to
make and execute contracts, promissory notes, drafts,
bills of exchange, avd other obligations under seal, and
not under seal, all of which shall bind the property*
and all the interests of said corporation.
Sec. 2. Be it further enacted, That said corporation
itamanufactures shall have power to manufacture all and every thing
made of iron, brass, copper, lead, or wood, in all of
their forms and branches, and to purchase and own min¬
eral lands, and to open, and work iron, copper, lead,
and coal mines in any part of the State of Alabama.
Sec. 22. Be it further enacted, That said corporation
Name. shall he known by the name of the Selma Iron Foun¬
dry Company; and in that name may sue and he sued,,
in any court of law or equity, and may purchase, hold
and enjoy property, real and personal, and sell and con¬
vey the same at pleasure, and contract and be contract¬
ed with, in the same manner as is usual to corporations
of like character, kind or description, in any amount
the body corporate may deem necessary to carry all the
objects of said corporation into full force and effect. '
Sec. 4. Be it further enacted, That said corporate body
Asto By-iaws. shall have power to ordain and establish such by-laws,
rules and regulations, for the government and conduct
of its officers, and agents, as it shall deem appropriate
to its business, not in conflict with the laws and consti¬
tution of the State of Alabama, and the Confederate
States.
Sec. 5. Be it further enacted, That the capital stock
of what capital company may consist, of the property in Selma,
«tocic may con- Dallas county, Alabama, now held by said C. J. McRae,
121
1862.
and his associates, consisting of five acres of land, more
or less, with the buildings and machinery thereon, and
thereto appertaining, together with all personal proper¬
ty, owned by said association, and such other real and
personal estate of said company, and their future asso¬
ciates and assigns, niay think proper and necessary to
purchase for the use of their said business, pot exceed¬
ing in amount the capital stock of such* association, and
said stock may be valued, by said company, at such Share^ feaeh.
sum as they may determine on, and divided into shares
ot one hundred dollars each, but the capital stock of Limit of capital
said association* or body corporate, shall never exceed Btock-
two million of dollars.
Approved December 5, 1862.
Ho. 110J AH ACT
To incorporate the Bibb County Iron Company.
Section 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama it} General Assembly
c nvtnedj That C. C. Iluckabee, Hevvton Smith, Gray ^corporators.
Htickabee, Wilson, A. S. Huntington, and VV,
M. Smith, together with such persons as now are, or
may hereafter he, associated with them, for the pur¬
poses hereinafter expressed, are hereby constituted a
body corporate, with power of continual succession to
them, their heirs and assigns, with power to sue and be
sued, contract and be contracted with, to hold, alien Powers,
and convey, buy and receive lands and tenements, and
machinery, and personal property generally, to bave
and to use a common seal, and the same to change or
alter at their pleasure, to make and to execute con¬
tracts, promissory notes, drafts and bills of exchange,
and other obligations under seal, and not under seal,
ami with or without their corporate seal, all of which
shall hind the property and all the interests of said,
corporation.
ISeo. 2. Be it further enacted, That said corporation, Name of compa-
being located in the count} vf Bibb, shall be known
by tlie narpe Of the Bibb County Iron Company, and
in that name may suq and he sued, in any court of law
or equity in this State, aud may purchase, hold and en-
1862.
122
joy property, real or personal, and sell and convey the
same at pleasure, and contract and be contracted with,
in the same manner and to the same extent as is usual
to corporations of like character, kind or description,
in any amount the body corporate may deem necessary
to carry all the objects of said corporation into full
force and effect.
Sec. 3. Be it further enacted, That said corporate body
factwesf manu" shall have power to manufacture pig metal from their
iron ore, at the furnaces they have now erected, and
may hereafter erect; and said pig metal to be manu¬
factured in to iron of any description, and into any and
every thing made of iron.
Sec. 4. Be it further enacted, That said corporate b^dy
As to By-laws, gpa}i have power to ordain and establish such by-laws,
rules and regulations, for the government and conduct
of its officers and agents, not inconsistent with the laws
of this State and the Confederate States, as it shall
deem appropriate to its business.
Sec. 5. Be it further enacted, That the capital stock
or what capital of said company may consist of the property, real and
stock to consist. perpona]5 Bibb county, now held by the parties named
in the first section of this act, situated not far from
Bibb station, on the Alabama and Tennessee River
Rail Road, consisting of live thousand acres of land,
more or less, on which their furnaces are being erected,
and also the personal property thereon, and it may con¬
sist of such other property and money as may hereafter
be associated and connected therewith by said compa¬
ny, and their associates or assigns, and said stock may
Shares each. be valued by said company at such sum as they may
determine on, and divided into shares of.one hundred
Limit ofstock dollars each, but said capital stock shall never exceed
in value the sum of twelve hundred and fifty thousand
dollars.
Sec. 6. Be it farther enacted, That the individual lia-
Extent of indi kibty °^* any stockholder shall pot extend beyond the
viduai Kabiiity. amount of stock owned by him; flut each stockholder
shall be liable to that extent, out ot his private proper¬
ty, for any debt or defalcation created, or incurred du¬
ring the time he was a stockholder.
Sec. 7. Be it further enacted, That the acceptance of
Acceptance of this act of incorporation,, by the Bibb County Iron
ehartershallvea 0ompU1)y^ 8hali vest in said company, under its new
name and character, all the powers and privileges, and
123
1862.
rights of property, and claims of every kind, now held,
owned, or employed by said Bibb County Iron Com¬
pany ; and subject it in like manner to all the duties,
obligations, Contracts and liabilities of every kind, now
resting upon Said JBibb County Iron Company, and said
acceptance may be lawfully signified by a resolution of
the board of directors, entered on their minutes.
Approved November 19? 1862.
No. 111.] AN ACT
To incorporate Hale & Murdock's Iron Company, of
Fayette county, Alabama.
Sec. 1. Be it enacted by the Senate and House of Repre¬
sentatives of the State of Alabama in General Assembly
convened, That Harrison Hale, Abraham Murdock and incorporators,
Samuel Wolff', and their associates or assigns, be and
.they are hereby created a bod/ politic and corporate,
under the corporate name of Ilale and Mufdock's Iron Name.
Company, and by that name mat sue and be sued, plead
and be impleaded in any court of law or equity.
Sec. 2. Be it farther enacted, That the capital stock capital stoek.
of said corporation shall not exceed five hundred thou¬
sand dollars, divided into shares of sevent}T-five dollars
each.
Sec. 3. Be it further enacted, That said company shall its manufacture*
be, and they are hereby authorized to manufacture iron
from the ore, to refine the same, or to make generally
any or all kinds of iron or iron wares.
Sec. 4. Be it farther enacted, That said company shall Aa to By-iaws.
be authorized to make all needful by-laws for the man¬
agement of its business, property or effects, and the
transfer of its stock, as in the judgment of said com¬
pany may seem best: Provided, the same are not incon¬
sistent with the laws of this state, or the Confederate
States.
ISec. 5. Be it farther enacted, That said company shanA8torealeBtate*
be authorized to purchase, hold and enjoy such an
amount of real estate as to them shall seem for their
interest, not exceeding teu thousand acres.
IScc. 6. Be it farther enacted, That whereas, the said
company has erected in the county of Fayette in this
1862.
124
state, and on section 20, township 15, range 15, west, a
blast furnace, that it shall not be lawful for any person
or persons to sell spirituous or vinous liquors within a
distance of five miles from said furnace, in less quanti¬
ties than five gallons, and that any person or persons
so offending shall, upon conviction, be liable to the pen¬
alties now or hereafter provided for retailing liquors
without* license.
Approved .November 8,1862.
No. 112.] AN ACT
To amend the charter of the Shelby County Iron Man¬
ufacturing Company.
Sec. 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly
convened, That the act entitled "an act to incorporate
the Shelby count}7 iron manufacturing company," ap¬
proved February 4th, 1858, be and the same is hereby
amended as hereinafter enacted.
Sec. 2. Be it further enacted, That the name and style
Name changed. 0f saitl company be, and the same is hereby changed,
so as to be called and styled "the Shelby Iron Com pa
ny," and that the persons now acting as corporators
under said act, to-wit: Horace Ware, of Shelb}7 county,
and his associates, to-wit: John M. McClanahau, John
R. Kenan, Henry II. Ware, Andrew T. Jones, John W.
Lapsley, and Jaines W. Lapsley, and their associates,
Present parties RlK'cessors an<l assigns, are lie;eby recognized and de-
*oraUofnl incor- clarecl to be a lawful incorporation, under tbe name and
pora ion. 8tylo of the "Shelby Iron Company," and as such are
declared, with all the rights, powers and privileges
granted in and by the act aforesaid, and this amenda¬
tory act.
Sec. 3. Be it further enacted, That said company shall
^aDi?ecCtors.°ard have the right, in such manner and at such time or
times as they may deem proper, to elect out of their
number aboard of directors, to consist of such number
as the company may prescribe, to be increased or di-
what the board finished at the pleasure of the company. Said board,
maydo. when elected, shall have the right to elect one of their
number president of tbe board and of the company,
125
1862.
the term of whose office will he commensurate with
that, of the directors electing him, 8ai<j board (sul jeet
always to the control of the company, acting in meet¬
ing,) shall have the supervision and management of the
business and affairs of the company, with power to elect
or appoint all officers of the company, in addition to
the president, and to define and prescribe their qualifi¬
cations and duties, and to make, and alter at pleasure,
all rules, regulations and by-laws deemed proper and
needful, not inconsistent with the constitution aud laws
«f this state or of the Confederate States.
Srcc. 4. jBe it farther enacted, That each member of a9 to voting and
the corporation shall, at all meetings of the stockhold-<iuorum*.
ers, be entitled to one vote for every share of stock
owned ; and to constitute a meeting of the stockhold¬
ers for the transaction of business, a majority of the
stock of the company shall be represented by the stock¬
holders in person, or by proxy duly appointed in wri¬
ting; the company, thus acting, shall have power to
admit new members on such terms and conditions as
may he prescribed, and to increase the amount of stock ProVi90 ag t0
as may he desirable: Prodded, the game shall not ex-capuai »took.
ceetl two millions dollars.
Approved November 20,1862.
No. 113.] AN ACT
To incorporate the Mobile and Three Mile Creek Plank
Road Company.
Sec. 1. Be it enacted ley the Senate and House of Repre¬
sentatives of the State of Alabama in General Assembly
conrened, That William P. Cleveland, James Aleaher, incorporators.
John Morgan Brown, Price Williams, John P. Rawles,
and their associates, be and they are hereby created a
body corporate, by the name and style of the Mobile Name-
and Three Mile Creek Plank Road Company, and by
that name may sue and he sued, and have, hold and
own in their corporate name, property not to exceed in pa™y.as topro*
value over the sum of twenty thousand dollars.
8F.c. 2. Be it farther enacted, That said company be,
and they are hereby authorised to grade and plank the power#,
road leading from Mobile, in the city and county of
1862.
126
Mobile, Alabama, in a northerly direction, known as
the telegraph road, which said plank road shall com¬
mence on the liorth side of one mile creek, (or bayou
Marmot,) thence along said telegraphic road through
the swamp, northwardly, to the south side of three mile
creek; said road to be graded and planked twenty feet
wide, with good heart plank, at least three inches thick.
And said company are to keep said road in thorough
repair at all times for public travel, for which they are
hereby authorised to charge and collect a reasonable
toll; that if said company shall allow said road to get
out of repaid, or so as to be dangerous to travel for
thirty days at any time, this charter may be declared
forfeited, by the grand jury of said county.
Sec. 3. Be it farther enacted, That said company be,
Fanher power*, an(j they are hereby authorised to straiten said road, if
need be, also to take dirt from the adjacent lands to
grade and perfect said road for reception of planking.
Sec. 4. Be it further enacted, That said corporation
open books, name)j this charter be, and they are hereby author¬
ised to open books for stock in said road, and that the
shares shall be one hundred dollars each, and each party
subscribing shall at the same time pay down in cash the
Re nation sura °^en dollars per share upon the same; that when
8,1 ltm" a sufficient amount of stock has been subscribed, as in
the opinion of said corporators shall be sufficient to
build the same, they shall call a meeting of stockhold¬
ers, and elect three of their number as a board of di¬
rectors, one of whom may be chosen by said board to
act as president; they shall hold elections annually, and
make" reports of the condition of the monetary affairs
of the road. The hoard elected shall hold office until
their successors are duly elected. Said board shall have
power to pass all by-laws, rules and regulations for said
corporation, which they may think necessary, and elect
or appoint all such agents as they may need, so that
nothing is done to conflict with the state or Confederate
laws.
Sec. 5. Be it further enacted, That if any person shall
r®btatyfordiim- wilful 1 y or intentionally damage or obstruct said toll
aging orobstruc- J . J . f
Utt«. gate, or house, belonging to said road and company road,
they shall be subject to fine and imprisonment, at the
discretion of the jury trying the same; also that any
.person who shall wilfully and intentionally travel said
road, and fail or refuse to pay the toll charged upon the
121
1862.
flame, every such person shall be liable to five dollars
damages, on a summons to appear before any justice of
the peace, who may try said case and award said dam¬
ages, for the use of said company, and the cost of said
suit.
Sec. 6. Be it farther enacted, That said company are ^*rh£*royrmo"
hereby authorised to borrow money, upon the faith ofney'
said road, and may mortgage the same therefor; that
any promissory note or bill of exchange made by the
treasurer of the board and countersigned by the secre¬
tary, as such, in their oflicial character, when sued upon
and judgment had, shall create a lieu upon said road,
for which the same may be sold if said debt is not paid.
Sec. 7. Be it farther enacted, That said road is hereby 8
authorised to procure, by purchase or by valuation of a end?" ^
jury of seven disinterested persons, at least two acres of
land at each end of said road, for the erection of toll
houses, gates, toll gatherers' residence, and may build
suitable houses for the same.
Sec. 8. Be it farther enacted, That the stockholders LiaMruot
Rhall only be liable for the amount of stock each one8tockholder8'
may subscribe, and the board of directors shall make
all rules necessary for transfer of stock; but no stock¬
holder shall be authorised to dispose of his stock whilst
indebted to the company.
Sec. 9. Be it farther enacted, That at any annual re"
meeting the stockholders may require of any of its of-qmre °n 8'
ficers, or the board of directors may also require of any
of its officers, bonds, with security, for the faithful per¬
formance of their duties in office, and in the event of a
failure or forfeiture, may be sued and recovered upon.
Sec. 10. Be it further enaelcd, That said company must £«»jeaM?lete in
build and complete said road within two years from the
approval of this bill, or this charter shall be null and
void.
Approved November 7,1862.
No. 111.] AN ACT
To incorporate the Chewackla Lime Company,
Sec. 1. Be it enacted hy the Senate and House of Rep'
re8entatives of the State of Alabama in General Assembly
1862.
128
incorpoiators. convened, That Charles T. Pollard, Samuel G-. Jones, and
William C. Yonge, their associates, and such other per¬
sons as may hereafter be associated with them, and their
successors be and they are hereby constituted a body
corporate, in fact and in name, under the style of the
Chewackla Lime Company, and by that name shall "be
and are hereby made able and capable in law to have,
purchase, receive, possess and enjoy, and realize to them
and their successors, lands, rights, tenements, heredita¬
ments, goods, chattels and effects, in any amount the
body corporate may deem necessary to carryall the ob-
Powers. jects of said corporation into full force and effect;
which objects are to mine lime rock and manufacture
the same, and to keep up and tun such machinery as
may he necessary to saw lumber and make barrels for
the packing of said lime, and the same to sell, devise,
grant, alien and dispose of, to sue and be sued, to plead
and be impleaded, to answer and be answered, defend
and be defended in all courts having jurisdiction, to
make, use and have a common seal, and the same to
break, alter and renew at pleasure.
Sec. 2. Be it further enacted, That said body corpor-
■umberoT/hares a^e s'1Jdl have the privilege of prescribing the amount
of capital stock of said company, and the number of
shares into which it shall be divided, the mode in which
it shall be taken, paid, transferred or assigned, and also
to provide the mode by which stockholders may Vote;
to authorise, establish and put into execution such by¬
laws, ordinances and regulations as ♦'hey may deem ne¬
cessary and expedient for the government of said cor¬
poration, not being inconsistent with the laws of Ala¬
bama or of the Confederate States of America, and in
general to do and execute all aud singular the acts,
matters and things which may be necessary to make
Proviso, lime and sell the same : Provided, that nothing contained.
in this act shall be so construed as to authorise said
company to do anything like banking.
Approved December 9, 1862.
129
1862.
No. 115/| AN ACT
To incorporate tbe Southern Express Company.
Sec. 1. Be it enacted by the Senate and House of Repre¬
sent a.fives of* the State of Alabama in. General Assembly
convened, That C. M. Furman, C. V. Chamberlain, S.
C. J. A. Harrnan, B. F. Ficklin, Va.; F/ W. Dillard,Ine0rporaWr8-
John E. Bacon, Ga.; Thomas H. Watts, George W,
Campbell, James B. Powell and N. J. Scott, Ala., and
their associates, successors and assigns, be, and they are
hereby declared, to be a body corporate and politic, by
the name ot tbe Southern Express Company, for the Name,
purpose of an express transportation business, and by
that name may contract and be contracted with, sue
and be sued, plead and be impleaded, in any court of
law and equity whatsoever, and may make and have,
and use a common seal, to be changed at pleasure.
Sec. 2. Be it farther enacted, The capital stock of capital stock,
said company shall be live hundred thousand dollars,
and shall be divided into shares of one hundred dollars
each, and in case the said capital stock be found insuffi¬
cient for its purposes, such company may increase its M*y be increased
capital stock, from time to time, to such amount as may
he deemed necessary, for the purpose aforesaid, not ex¬
ceeding one million of dollars; such increase must bo
sanctioned by a vote, in person, or by proxy, of two-
thirds in amount of stock of the company present, or
represented, at a meeting of such stockholders.
ISec. 3. Be. it farther enacted, The said company may wiie«t« com-
commence business as soon as its capital stock is fu]jyineucebU8ine8S'
subscribed, and fifty thousand dollars of the same paid
up; and on such subscriptions being made, any five
subscribers to said stock may call a general meeting of
the stockholders of the said company, by serving a~no-en.tiee,k0w SLr"
fine, sigued by them, of the time and place 'or such
meeting, twenty days at least before the time of hold¬
ing the same, ou each stockholder, personally, or by
leaving it at his residence, or by putting the same in
the post office at Charleston, S. C., directed to him at'
his usual, or reported, place of residence, and paying
the postage thereon : Provided, however, That any other
mode or time of calling said meeting shall be lawful,
if two-thirds of the stockholders consent thereto in
writiug, or are represented thereat, at the meeting con-
9
1862*
130
ve»ied as aforesaid, fhe said company shall elect, "by a
majority of votes then present or represented, not less
than five, nor more than nine persons, being atoekbold-
shamber pf di- ers 8ai<* Company, to act as directors of the said
wowra. i corporation, who shall represent the said company, and
'manage the business'thereof; vacancies in the board of
directors shall be filled in such manner as shall be pre-1
scribed by tbe by-laws of the corporation.
isEC. 4. Be it j, further enacted, At the first meetingof
C erS" - the said board of directors, after tbeir election, they
shall ejeetone of their number as president of the Saul
■corporation,,mid may electa tice-president, and such
Other officers as they may deem advisable; tbe direc¬
tors of this company shall hold their offices for oue
year, and until their successors are elected.
®ov, in case or ' ^EC« ^ fuiiher enacted, In case it shall at any
feasts time happen that an election of.directors be not made
at the time designated, or on the days when, by tbe by¬
laws of said company, it ought to he done, it shall audi
'fiiay be lawful to hold the same on any other day desig¬
nated by said company, and in case any annual meeting
6t stockholders shall not be held, by reason of neglect
of the directors, it shall be in the power of any stock¬
holders, holding one hundred shares of the capital
stock, to call such meeting, tor the purpose of electing
directors and other purposes, by giving the notice,here¬
inafter prescribed, and f«>r that purpose they shall have
access to the Stock list, and transfer Woks of said com¬
pany, and all information necessary to the giving such
"notice."
rwerfl, Sec. 6. Be it farther 'enacted, That the directors of
jsueh, company shall have power to make and prescribe
swh by-laws and regulations as they shall deem proper,
Inspecting the management and die-position of the pro¬
perty -and estate of such company, the duties of the
officers,-a gents, artificers and servants by them to be
employed ; to appoint such and so many officers, clerks
and" servants, for.carrying on the business of said com¬
pany, and with such salary or wages aS to them shall
proviso. ^ seem reasonable; Provided, however, That Such by-laWs
be not inconsistent with any existing law of the Statp
or Confederate government.
Powers astoe*- ^KC" 7* Be it further enacted, The said company shall
have power to. do an express transportation business,
fyy land or by water, for the-Carrying of goods, wares,
131
1861
and merchandise of.nll kinds, gold and silver coin, bank
notes, and generally all such other descriptions.of con¬
veyance of property as may be required- or advisable,
from, to.and between any place in the Confederate
States, by their own conveyance, or those of other per¬
sons; and to create and organize- branch agencies for
the same purpose, and to hire, establish and maintain
storehouses, warehouses, and other buildings, and to
purchase lauds to build, thereqri.such storehouses, ware-',
bouses, and other buildings, as may be required for the
safe keeping of any thing intrusted to them for con¬
vey,one ; and shall have power to indemnify themselves ,
by insurance against loss or damage by fire, or the risk
of navigation in the transportation (if any goods, wares,
merchandise, or other property in their custody, received
by them for transportation, or held by them .as their
propetfy: Provided, That this act shall not be so con-Pr0Tia®*
etrncd as to give said'Southern Express - Company any
right or authority to build, purchase, occupy or estab¬
lish any rail road or steamboat line, except to be cm-,
ployed between any port in the Southern Confederacy,
and foreign ports, or other like means of transportation,;
nor shall the same be so construed as to require any
rail road or steamboat line, established in,[tart or in
whole, within the limits of the Confederate States, to
do or perform transportation service, as herein contem¬
plated, fur'or on account of the,said Southern Express
Company., ■■ ' ■
Sua. 8. Be it-further enacted, The. principal office of Principal office,
said company shall be kept at Charleston, S. C., unless
the same be changed by a vote pf■ two-.thirds of the di¬
rectors, at a meeting called for that purpose, to any
other place in the State, and the-said company may es¬
tablish as many branch,-or local, offices as their business
may require.
Sec. P. Be ii further enacted, The regular meeting ofAg (o
the board of directors ,of said company shall be held at meetings.
the principal office of said company, or at sucli other
place in the State as the by-laws or board of directors
may designate, but said company may hold special
meetings of its directors, for the* transaction of busi¬
ness, at any place which the by-laws of said company
may designate, or which the majority of the directors,
with the approval of the president,, may appoint.
Sec. 10. Be it further enacted, If the said company
1862.
132
war sen an- sball "have had unclaimed freight or "baggage, not per-
claimed freight. jn possession for the period of at least one
year, it may proceed to sell the same at public auction,
after giving notice to that effect in one or more news¬
papers, published in the State, or at the place where
such goods are to be sold, once a week for not less than
four weeks, and shall also keep a notice of such sale
posted for the same time in a conspicuous place in the
principal office of the said company; said notice shall
contain, as near as practicable, a description of such
freight or baggage, the place and time, when and where,
left, together with the name and residence of the owner
of the freight or baggage, or person to whom it is con¬
signed, if the same be known.
Disposition of ®EC I*- Be it further enacted, All moneys arising
suchsnies. from the sale of freight or baggage, as aforesaid, after
deducting therefrom charges and expenses for the trans¬
portation, storage, advertising, commissions for selling
the property, and any amount previously paid for ad¬
vances on such freight and baggage, shall be paid by
the company to the persons entitled to receive the same,
Books of record ai°d the said company shall keep books of record of all
of such articles, gueh ga)es as aforesaid, containing copies of such no¬
tices, proof of advertisements and posting, affidavit of
sale, with the amount for which each parcel was sold,
the total amount of charges against such parcel, and
the amount held in trust for the owner, which hooks
shall be opened for inspection by claimants at the prin¬
cipal office of the said company, and" at the office where
the sale was made.
Liability of Sec. 12. Be it further enacted, The stockholders in
stockholders, the said company shall be personally responsible for the
amount equal to the amount of stock, held by each, for
any loss of, or damage on, goods, moneys, or othsr pro¬
perty entrusted to the said company tor transportation,
and for any contract made, or liability incurred by
them.
what necessary Sec. 13. Be it further enacted, That no rights of tran-
«pe7augo«nsint°c^86 conferred by this act, shall invest until the mini¬
mum amount of capital is subscribed, and fifty thous¬
and dollars actually paid, of which fact it shall he the
duty of the company to inform the governor, in the
same manner that the officers of a bank about to be
put into operation are required to do, and when said
company shall be organized and ready to go into oj er
1862.
tion, it shall be tbe duty of the presiding officer, and
treasurer, to make a statement, upon oatli, to the comp¬
troller, of the amount of capital paid in, and to rualm
h like statement every six months thereafter, with an
Additional statement of their profits, and gross receipts,
and for failing to make such report, they shall forfeit
and pay into the public treasury one thousand dollars
for paeh failure, to Jbe recovered by motion after ten
days' notice.
(Sec. 14. Be it farther enacted, This act shall be sub¬
ject to modification and repeal at the pleasure of the
genei>L assembly.
Sec. 15. Be it further enacted, Any action at law, or as to suit»H
suit in equity, against the said company, may be com¬
menced by any person residing in this State, b^r per¬
sonal Service of process on the local agent or officer of
said company, in pharge of its afiairs in the district in
which such person considering himself aggrieved may
reside, or in p.ny district through which the line of
transportation of said company may pass, it there shall
be no local asrent or officer in tbe district in which the
person commencing such suit may reside: Provided, Proviso.
That nothing herein contained shall be construed to
prevent the commencement of any suit in equity, or
action at law, in the manner heretofore provided by
law; Provided, That this charter, or any of the privi-iNottobesoid or
leges therein granted, shall not be sold, transferred, ortraasfeirred"
merged in any other express compan}', uuder the pen¬
alty of forfeiture thereof, and that this charter shall
expire after thirty years from the passage of this act.
Approved .December 4, 1862.
No. 116.] AN ACT
To Incorporate the Mobile and South-Western ltailroad
Company.
Sec, 1. Be it enacted by the Senate and Bouse of Repre¬
sentatives of the State of Alabama in General Assembly
court ned, That John A. M. .Battle, F. B. Clarke, Lewis IW!OrP0:i'aWrs'
Frost, John Scott, C. C. Langdon, J. M. Withers, and
C. K. Foote, with such other persons as shall associate
with them for thut purpose, are constituted a body po-
1862.
134
* litic and corporate by the name of the Mobile and
nm. • South-Western Kailro ul Company, and by that mane
to sue and be sued, plead and be impleaded j to'make',
and have a common seal, and the same to break, alter,
and renew at pleasure; and this company7 is .hereby
vested with all the privileges, powers and immunities
which are or may be necessary to carry into eflect the
purposes and objects of this act.
Aureate. Sec. 2. Beit further enacted, That said* company is
hereby authorized and empowered to survey, locate,
construct, complete, alter, maintain and operated), rail¬
road, with one or more tracks or lines of" rails, from the
city of Mobile to the dividing line between the states
of Alabama and Mississippi, in a southwesterly direc¬
tion, towards the city of New Orleans, and a branch of
said railroad with one or more tracks to deep water in .
the hay of Mobile, on such routes as may he deemed
most expedient, and to transport, take, carry property
and persons on said railroad and branch by the power
and force of steam, of animals, or of any other meehun-
' ical or other power, or any combination of them, which
said company may choose to apply; and for the pur¬
pose'of constructing said railroad, and branch, the said
company is hereby authorized to lay out its road
throughout the length not exceeding one hundred feet
O © CT>
, jmtb. ' wide, and for the purposes of depots, machine shops,
warehouses, engine houses, water stations and wood
sheds, and the buildings necessary for the business of
the road, cuttings, embankments, and for the purpose
as to stone of necessary'turn-outs, and for obtaining stone and
&cayei. and land. ^rilVel, may take as much more land as may be neces¬
sary for the construction and security of said road and
branch, with the permission to make any lawful con¬
tract with any other railroad corporation in relation to
w^r^°]^co8b t'lu business of said company; and also to make joint
' stock with any other railroad corporations : Provided,
r*°" that all the damages that may be occasioned to any per¬
son <>r corporation by tlie taking of any such land or
materials aforesaid, for the purpose aforesaid, shall be
paid for by said company in the mnrmer.hereiiiafter pro-
♦ vided. ' ■• 1 1
(Sec. 3. ' Be it further enacted, That the capital stock
•«Mtai?toeic. 0f said company sliinll be one million dollars, which
„ lpav be increased Irorii time to time to any sunt not ex*
ceeuiug thq entire amount expended on account, of said
135
froad ami branch,. th }>e divided into shares of one hurb.gh3Be^toCh.
dred dollars each, which shares shall be deemed person-*
$1 property, and may he transferred in such maimer and
such places as the by-laws of said company may direct; proviso.
Provided, that said company may commence the con- When
elruction of said road with aft the powers and privileges
contained in this act, whenever the sum subscribed to
the c ipital stock, shall exceed one hundred thousand
dollars. - y
SiiC. 4. Beit, farther enacted, That the hoard of di- BWk ve paw-
rectors of said Coinpiny shall have powerto require the.er*
payment, of sums subscribed by stockholders, in suohi
manner and at such times as they may deem propbr,
and on refusal or neglect on the part of stockholders,
Of any of them, to make payment on the requisition of
the board of directors, the shares of such delinquents
may alter thirty days' notice be sold at public auction,
under such rules as said board of directors may adopt,
thh surplus thom-y, if any remains after deducting the
payment due, with the interest and the necessary uosts
of sale, to he paid to such delinquent Stockholder.
Sua. £• Be it farther enacted, That the persons named
in the first scotioit of thisact shall, without delay, causeeaatonoe'
bo >ks to he opened for subscriptions to said stock, in
such manner, ami at such tube and places as they Shall
direct.
Sec. 6. Beit farther enacted, That all the corporate fioara nf airect-
powers*of said Company shall be vested in and exer-i°w',fe<!'
eised by a board of directors, and such officers'
and agents as they shall appoint; the board of* diree-.
tors shall consist of ei^ht stockholders^ who shall be
chosen each year by thestockholders of Said company ;
a majority of the directors shall be a quorum for the
transaction of business; they shall annually elect one'
of their number to be president of the board, who shall Officers,
also bo president of said company ; they'shall also an¬
nually elect one of their number to be vice president
of the hoard, who will act as president whenever re-,
quired ; they, shall also annually choose a secretary, and
such other officers as they may deem necessary, and a
treasurer, who shall" give bond with security to said
company in such sums as the directors may require for
the faithful discharge of Irs trust.
Sec. ' 7. Be U farther enacted, That the persons named
iu the first section of tbi$ act, or a- majority of them,
1862.
136
are hereby authorized, after the books of subscription
to the capital stock of said company are closed, or when
the sum subscribed shall exceed one hundred thousand
?irst meeting, dollars, to call the first meeting of the stockholders of
said company in such way, and at such time and place,
as they may appoint for the choice of directors of said
company, and in all meetings of the stockholders of
a« to Votes. company, each share shall entitle the holder to one
vote, which vote may be given by said stockholder in
person, or by lawful proxy, and the annual meeting of
the stockholders of said company for the choice of di¬
rectors, 'shall be holden at such time and place, and up¬
on such notice, as said company may in their by-laws
provide.
la case of fan. Sec. 8. Be it further enacted, That in case it shall so
SweieoUonTo^aI'Pen that an election of directors shall not be made
fee-beid. on the day appointed by the by-laws of said corpora¬
tion, said company for that cause shall not be deemed
to be dissolved, but such election may be holden on any
subsequent day which the then existing directory may
Tfeimreof office, appoint; the directors elected are to continue in office
until their successors are elected and qualified ; vacan¬
cies in the board shall be filled by a vote of two-thirds
of the directors remaining, such appointees to continue
in office until the next annual regular election of direc¬
tors.
as to bj-iavs, Sec. 9. Be it further enacted, That the directors shall
"" have full power to make and prescribe such by-laws,
rules and regulations as they shall deem needful and
proper touching the disposition and management of the
stock, property, estates and effects ot said company, not
contrary to this charter or the laws of this State, or of
the Confederate States, the transfer of shares, the du¬
ties and conduct of their officers and servants; touch¬
ing the meeting of directors, and all matters whatso¬
ever which may appertain to the concerns of said coin-
> . , pany: said company is also hereby authorized to pur-
Aa to real ^ i i i i 1 f A 1 i
tate,fee. chase and hold such estate as may be necessary and
convenient in accomplishing the object for which this
incorporation is granted, and may l>y their agents, sur¬
veyors, engineer and servants, enter upon all lands and
tenements through which they may deem it neoessa y
to make said road and branch, or upon which it may oe
necessary to create depots, warehouses, machine shops,
wharves, engine houses, water stations, wood sheds,
137
1862.
platforms, and othet requisite buildings and structures,
for the business of the road and branch, and upon lands
that may be necessary for cuttings and embankments,,
for necessary turnouts and stations, and for stone, grav¬
el work and timber, and to survey, lay out and con¬
struct the same, and to agree and contract for said lands
to he used as aforesaid with the owners thereof in case
the said lands belong to the'estate of any deceased per- ^landa"88**
son, then with the executor or administrator of such in
case of the same belongingto a minor, or a person non
compos mentis, then with his or her guardian or guar¬
dians, or in case said lands be held by trustees of school)
sections or other trustees of estates, then with such
trustees and the said executors, administrators, guar¬
dians or trustees, are hereby declared competent for
such estate of minor, to contract with said company for
fhe right to use, occupy and possess the lands of such
estates,, minors or trustees to he used as aforesaid, arid
the tict and deed of spell executors, administrators,
guardians or trustees in relation thereto, shall pass the
title in said land in the same manner as if the said deed
or act was made or done by a legal owner of full age ;
and such executor, administrator, guardian or trustee
shall account to those interested upon their respective
bonds for the amount paid him in pursuance of sueb
agreement and composition, and if the said company
and parties representing lands prefer, they may refer
the question of arbitration to arbitrators mutually cho¬
sen, whose award or that of their umpire, in ease of dis¬
agreement, shall vest title according to its terms.
ISec. 10. Be it farther enacted, That if the said corn- procedure, if no
pany cannot agree with the owner of the land, which owne™ent wlUl
they desire to use as aforesaid, or with the executor, ad¬
ministrator, guardian or trustee, it shall and may he
lawful for the clerk of the circuit court of the county .
in which said land lies, on application of said company
or4 its agents, and he is required to issue a writ of ad
quod damnum, commanding the sheriff" that without
delay he cause a jury of six good and lawful men to be
upon said land on n day to be by said sheriff ffxed and
appointed, and whereof it shall be his duty to give no-,
tioe to the owner, Executor, administrator, guardian or
trustee, at least live days before such day. if they be
within his county, or if not, or if the owner or owners
be unknown, the notice shall be given by advertise-
18G2.
188
menf, to be by sub] sheriff: posted and fixed on
the dwelling house, it" such there be, or in a public or
conspicuous place, at least five days before such ap¬
pointed day, and also by advertising the same in some
newspaper published nearest to the land, at least three
weeks by weekly insertions prior to said day, and then
cause said jury after being duly sworn by said sheriff
or justice of the peace to make true inquest of the
damages that will be sustained by such owner or estate
by reason of making such road or branch through such
land ; if any juror shall fail to appear, or by reason of
challenge for, cause or otherwise fail to sit on such in¬
quest, the said sheriff sha'l fill sanl jury from the by¬
standers, and if they fail to render a verdict, the said
sheriff shall on the same day or subsequent day em pan¬
ned a new jury or persons until a verdict be had, such
verdict or inquest regularly certified by such sheriff
shall he returned to the office of the clerk of thecireuit
court of the county in which said land maybe, and there
remain among the records; and such verdict shall vest
in said company the right to occupy and use said land
for the purposes of said railroad and branch on the pay¬
ment or tender of payment of the damage then assess¬
ed agajnst such company, and in case of persons absent
or unknown as aforesaid, the placing of the amount of
damage^ to the credit of the owner in the hancb of the
judge of probate of the county in which such lands lie,
shall be deemed and taken fis payment, ami such judges
shall he liable on their bonds to make, due payment of
said money on demand.
. Sec. 11. Be it further enacted, That it shall he the
y of sheriff, ()j.- ^)e s]1L,r^" p, appoint and hold said inquest
within ten days after the receipt of said Writ ad quod
damnum, except in case of absence as aforesaid, in wuicli
case thirty days shall be allowed him, and five days ad¬
ditional-are allowed him for every additional jury which
he may have under said writ; and for every default
therein, that said sheriff shall be fined by the circuit
court, at the instance of either party, not less than
twenty or more than one hundred dollars, and eveiy
juror ami witness so summoned, ■ unless excused by the
circuit court, shall be fined not more than ten dollars
for non-attendance, Irnd all such fines, as well as costs,'
the circuit court of the county shall have jurisdiction ;
there shall be allowed the following fees to the clerk of
139 1862-
— " ■' T
the circuit court: f>r every writ of ad quod damnum, j^tSiSfiiSr
.eOvenfy-tive cents J fonvei-iviiig and tiling inquest, sev¬
enty-five cents; to the sheriff for giving notice, sevehfy-
five cents, besides printer's fees, not exceeding two dol¬
lars; in each casa-for holding inquest, five dollars, and
Summoning witnesses, twenty-five cents each ; to jurors
seventy-five cents each per diem, which are not allowed
Until a verdict be returned and.filed, andsbail he t-»Xed
in the bill of costs ami paid by the company: Provided, proviso.
however, that,before application for said writ the said
company may make a tender to the owner orowners'pf
any such lauds a sum of money by them dcemed equtv-
alent to the damage to he sustained, and upon refusal
to accept the sum tendered, and a verdict for the'Same
amount, or less sum, the costs shall be -taxed to and
paid by the owners of the land on which the inquest is
held. ' '
JSisC. 12. Be it further enacted, That either party may as to appeus.
appeal to tl^e next circuit court within thirty days after
the assessment, by application to the clerk of said court,-
and giving security for fhu prosecution of such appear¬
and in case fhe same is taken by the corporation for the
judgment which may be rendered against it on appeal.
ISkg. 13. Be it further enacted, That the trial of such T>ial ^ appeajfc
appeal shall lie de nov), and if the corporation is the
. appellant and the damages assessed is equal to or great¬
er than found on the previous inquest,' the appellant
must pay the costs and' the coUrt may award damages'
not exceeding ten per cent., if of opinion that the ap¬
peal whs taken merely for delay.
ISisO. 14. Be it further enacted, That in Case the ap¬
peal is not taken by the corporation, and the appellant ^®utionmay
does nob recover more damages than was assessed to
hint in the previous inquest, judgment for costs must
be given against hint; in such appeals, when the judg¬
ment- is against the appellant, execution tnaj^ issue
against his security.
iStiC;. If). Be it further enacted, That the operations ofc0®pearnati^no8t to
paid railroad company in surveying, locating and con-t>e flayed,
struct tug the roads, or other work, shall in no wise he
delayed on account of the proceedings had as aforesaid.
Slc. 10. Be it further enacted, 'i hat whenever it shall poweta as to-
be ntreasury for the construction ot their railroad,crossm^s eam*
branches or ways, to interdict pr cross any stfearn or-'
Wuter coursOj of buy road or highway, it shall be lawful
1862.
140
for said company to construct across or upon the same ;
but the said company shall re-establish said stream or
water course, road or highway, thus intersected, in such
a manner as not to prevent passage thereon, and in all
cases where any road or public highway is located, that
said railroad and branch cannot be judiciously laid out
and constructed across or upon the same without inter¬
fering therewith, in such case or cases said corporation
may by their engineer cause such road or roads to be
changed or altered in such manner that said railroad
and branch may be made on the best site of ground for
that purpose: Provided, said corporation shall put such
road in as good repair as at the time of changing or
altering the same.
Power as totol's. Sec. 17. Be it further enacted, That the directory
shall have full power to establish such rates of tolls for
the conveyance of persons and property upon the rail¬
road and branch as they shall from time to time deem
proper, and to levy and collect the same for the use ot
said company; all matters and things respecting the
use of said railroads and branch, and the conveyance of
passengers ami property, shall be in conformity to such
rules and regulations as said board of directors shall
from time to time determine.
Kay cross nivi- Sec. 18. Be it further enacted, That the said Mobile
gawe waters. an(j yol-ith-Western Hail road, and its branch, may cross
the navigable waters of the Bay of Mobile, at one or
more points, with bridges or any other description of
work.
Eight or way Sec. 19. Be it further enacted, That in case the said
iandsSh pubUc ra^roa(^ an(l branch should cross any of the lands
belonging to the state of Alabama, the right of way
through said lauds, one hundred feet wide, is hereby
granted tor said railroad and branch to said company
tree of charge, and in case of cuttings and embank¬
ments, gravel earth, warehouses, engine houses or oth¬
er necessary buildings, and ot turn-outs, and as much
more land as is necessary, is hereby granted free of
charge.
power to issue Sec. 20. Be it further enacted, That for the purpose of
bonus. raising funds, from time to time, for the construction
tor said rail road and its branch, and the purchase of
iron and other materials to be used thereon, said com¬
pany are hereby authorised to issue, negotiate, pledge,
hypothecate and sell its bonds, in sums and at rates of
141
1862.
interest which may he deemed most expedient by the
board oF directors, the payment of the principal and
interest of the bonds to be secured as the board of di¬
rectors may think best.
Sec. 21. Be it farther enacted, That when any por- Ag t0 #allg {ot
tion of the stock subscribed to said rail road company stock,
shall be calle'd for„ by the directions of the board of din
rectors, and notice of said call shall have been given
for nlqre than thirty days, that such call has been made,
and specifying the per centum, of stock so called for,
and the time when payment is required, either by per-
sotuil notice to the stockholders, or by publication in
some newspaper published in the city of Mobile, if any
stockholder shall fail to pay the call so made at
the time required, such stockholder may be proceeded
against by a motion made in the circuit court of the
county of the residence of said stockholder, for the
amount bf stock so remaining unpaid; which motion
shall be in writing, signed by an attorney at law, and shall
set forth the call so made, notice given, the amount of proceeding*,
stock subscribed by said stockholder, and the amount
remaining unpaid upon such stock so called for, and
the term of the court at which the motion will be made;
the sheriff of the county shall serve the notice and make
his return thereon, and for his services shall be entitled
to the same fees that are allowed sheriffs for like servi¬
ces in the execution of summon^ and complaints under
the general law. The clerk shall docket the case in its
proper order, and for his services in this case shall be
allowed the sartie fees to which he is entitled for like
set vices in other cases under the general law. If the
motion so made is executed more than twenty days be¬
fore the term of the circuit court to which it is return¬
able, the case shall stand for trial at the first term after
its issuance; if executed within twenty days before
such term, it shall not stand for trial until the next en¬
suing term of said court. All the rules of pleading
and evidence applicable to actions of assumpsit, under
the Code of Alabama, arc applicable to proceedings
under this section of this act, except that the certifi¬
cate of the secretary of said company, accompanied
with the seal of the company, shall be evidence of the
organization of the company, of the by-laws, rules and
regulations, and of the proceedings of the company, of
the calls made, from time to time, by the action of the
1862*
142'
directors of the company, and of the amount subscribed
t<» the stock thereof by any stockholder, and the amount
due and unpaid on such subscription at the time such
call was made or became due; arid upon the production
of such certificate, if no plea is entered by way of de¬
fense, or if the plea is withdrawn, the court hearing
such motion, shall enter judgment, final by default, or
nil elicit) as the ease may be, for the amount so certified
to be due with interest thereon ; such certificate shall
be evidence on the trial of any issue joined upon such
motion, unless the defendant makes oath at the time of
filing his plea, that he believes the plea to he true, and
gives notice that other evidence will he required; but
in all cases the defendant may adduce lawful proof to
contradict such certificate. All issues of fact joined
upon such notice, are to be tried as other civil actions
by jury.
Sec. 22. Be it further enacted, That in all proceedings
Fecnrity for. commenced under the provisions of this act, security
B' for cost must be lodged with the clerk of the circuit
court of the couiity in which the suit is instituted, be¬
fore such proceeding is commenced.
Sec. 23. Beil further enacted, That in all cases com-
*Miae,°hangeof menced under the provisions of section 21 of this act,
either party may have a change of venue, to the nearest
county free from exceptions, upon application made,
and sufficient cause shown by affidavit, us in ordinary
civil cases.
At to tftnUnua. Sec. 24. Be it further enacted, That the Mobile and
uoaofroad. Southwestern Rail Road Company shall'have full power
to make all lawful agreements, or negotiations, with
any other rail road company witlnn or without the lim¬
its of this state, for the purpose of constructing, main¬
taining and operating a continuous- uiii road or rail
roads from Mobile to New Orleans, in and through the
states of Alabama, Mississippi and Louisiana,
when to com- Sec. 25. Be it further enacted, That this company
jaeflOA shall commence the construction of the rai-l road within
three years from the date ot the declaration of peace
between the Confederate States and the United States
of America, otherwise this charter shall be forfeited.
Sec. 26. Be it further enacted, That all laws contra¬
vening the provisions of this act are hereby repealed.
Approved December 5, 1862, ■
No. Ill]
143
AN ACT
1&61
In relation to the Selma ae<l Gulf Rail Road Company
uud tlie Broad Street Hotel Company of Selma.
Sec. 1. Be it enacted by the S> nate and House of Rep¬
resentative of the State of Alabama in General Assembly
Convened, That whereas, the work of the Selnia and Gambia.
Gulf Rail Road Company, aad the Broad street Hotel
Company Of Selma, both organized ami acting hereto*
fore under charters granted by this state, has been sus¬
pended in consequence ot the existing war; and where¬
as, it is difficult or impracticabfe, in consequence of the
absence of stockholders in the army, and unnecessarily
expensive to keep up regular organization and action
iu said companies, the organization and chartered rights
and privileges and franchises of said companies shall
• i ■ * i i j. u • i? • i •' i Rights, Act, not
in no wise be impaired by then' failure or emission to impaired,
elect directors or other officers, or to hold meetings of
their boards of directors respectively, or to prosecute
their work, or to do other business during the continu¬
ance of the existing war; but the organization, char¬
tered rights ami, franchises of said companies, respect¬
ively, shalj be and remain unimpaired, notwithstanding
Such failure or omission: Provided, however, that said Provtsd.
companies, respectively, shall within eighteen mouths
after the ratification of peace, (if not dune before,) in ofraUfi<Blr
good faith resume and prosecute the work pertaining
to said companies respectively, under their respective
(jharters.
Approved, Dee. G? 18G2.
To extend the charter of tfie Alabama and Tennessee
River Rail Road Company.
Seo, 1. Be it enacted by the. Senate and House of Repre¬
sentatives of the Ibtatc of Alabama in G, neral Assembly Chartep exten(i„
convened. That to enable the Alabama and Tennessee edAnfforVhL*,
River rail road company of this state to comply with
the enactment of the congress of the Confederate states,
making provision for the construction of a rail road
No. 118.]
AN ACT
1862.
144
from Bine Mountain, in Alabama, to Rome, in Geofgifl?
as a military necessity, it being understood that the
president of the Confederate States, to whom the ar¬
rangements for the construction of said rail road is com¬
mitted by the act of congress aforesaid, desires the said
Alabuma and Tennessee River rail road company to
construct so much of said rail road as is to be construct¬
ed in this state; the charter of the said rail road com¬
pany, as granted by this state, is hereby so amended
and extended as to give to the said company the right
of extending and constructing a branch "rail road, as a
branch of their main rail road, (and connected there¬
with,) from Jacksonville, in the direction of Rome, in
Georgia, to the line of the State of Georgia, then to
connect with a rail road to be constructed within the
state of Georgia, from a point at or near Rome, so as
to comply with the requirements of the congress of the
Confederate States under the aforesaid enactment,
lights,&c., per» Sec. 2. Be it further enacted, That all the rights, pow-
*&Sn' ersand privileges conferred upon the said rail road com¬
pany by any act or acts of this state, shall pertain to
and include the route which may be chosen by said
company for the construction of the rail road author¬
ized by this act, and to said rail road while in course of
construction, and when completed as the property of
said rail road company; including the right to receive
by donation, purchase, or otherwise, all lands needed
for rights ot way, depots, stations, and all other lawful
purposes, and to have the same condemned as author¬
ized by the act chartering said company, and the sub-
^j1aattefay<ippro*sequent act amendatory thereof. And" the said com¬
pany shall have the right to take and appropriate any
stone, timber, or other material needed in the construc¬
tion and operation of said rail road, found on any pub¬
lic lands of this state, and all lands of this state re¬
quired for road way or other necessary purposes in con¬
structing and using said rail road, are hereby granted
to said company.
Approved November 4, 1862.
145
1862.
No. 119.J AN ACT
To am end the charters of the Alabama and Tennessee
Rivers Railroad Company, the Alabama and Missis¬
sippi Rivers Railroad Company, the Selma and Gulf
Railroad Company, and the Western Railroad Com¬
pany.
Se<\ 1. De it enacted by the Senate and House of Repre¬
sentatives of the State of Alabama in General Assembly
convened, That the charters of the Alabama and Ten¬
nessee Rivers Railroad Company, the Alabama and
Mississippi Rivers Railroad Company, the Selma and
Gulf Railroad Company, and the Western Railroad
Company, be so amended as to authorize said railroad
companies, or any two or more of them, or all of the'm^mmondepol
together, to contract for and receive conveyances tor
land, stone, timber, wood, &c., lor a common depot
ground, and right of way to such depot, the depot for
the use of all said railroads in the corporate limits of
the cit5r of Selma, or near and at a convenient distance
therefrom: Provided, that if the owner or owners ofProvis0i
said land and said corporations cannot agree upon the
price or the owner is. an infant, non-resident, or non In,case of nnn.
compos mentis, it shall be lawful for said corporations, or agreement, the
any two or more of them, to apply jointly for a writprocedme"
of ad quod damnum to the clerk of the circuit court of
Dallas county, to be issued in the name of all the ap¬
plicants, which writ, when so applied for, shall be is¬
sued by said clerk, directed to the sheriff of the county,
commanding him to summon a jury oi seven good and
discreet freeholders of his county, not related to the
owuers of the land or the stockholders of said compa¬
nies, to be and appear at such suitable and convenient
place at an early day as he may designate, to assess the
value of the lands specified in said writ of ad quod dam¬
num, and the damages which the owner or owners may
sustain by the construction of said depot of said com¬
panies, and direct or side tracks to such depot, and the
right of way which may be required by said railroad;
and in ascertaining and assessing the damages and pro¬
ceedings necessary to be had 011 the trial by the jury,
all the provisions of 3cction 5, of an uct to amend the
charters of the Alabama and Tennessee Rivers Railroad
Company, approved 10th Eek, 1852, which are appli-
10
1862.
146
cfible, are hereby re-enacted and made applicable to this
act.
Tuiy must con ®EC' ^ fvr^Ler enacted, That said jury in exe-
'sider, ~ cuting such writ shall take into consideration the ad¬
vantages and additional value which the construction
of said railroad may, or has given, to lands and other
property of owners of the laud embraced in such writ,
adjacent and near to said depot and tracks, as well as
the injury said lands and other property may sustain by
its construction through, upon, or near which it may be
constructed.
Sec. 3. Be it farther enacted, That in the event any
Title to vest is such proceedings by writ of ad qnod damnum shall have
thewmpamess° instituted by any two or more, and not all of said
railroad companies, and the value of the lands so as¬
sessed shall be paid by the said corporations so institu¬
ting such writ, then the title to such lands so valued
shall vest in the railroad companies so sueing out such
writ of ad quod damnum : ProvidedT that thereafter any
other of said corporations who may not have joined in
such writ, or may not have paid their proportion of the
damages assessed, by paying their proportion of the
damages and cost for the depot, together with theirpro-
portion of all expenses for improvements made upon
such depot grounds, and interest thereon may become
Huwothw com-equal joint owners in such depot grounds, and shall
!'umeSjointyown- have right to sue out writs of ad quod damnum for
extension of tracks to such depot under the same re¬
strictions, except that it may be sued out in the name
of one or more of said corporations as is provided in
this act for sueing out writs of ad quod damnum for the
common depot grounds.
Ah to title of (Sep. 4. Be it further enacted, That when the said lands
land for tragus. s]lup pave so condemned for depot and side or di-
as to title of rect tracks, that the title to the land for tracks shall
common depot vest each in the railroad company, for whose use they
R10U" ' are respectively designed, and the land for the depot
shall vest in all the said railroad companies upon the
conditions above provided, and the use of such portion
of it shall he exclusive and such in common as shall he
designated and agreed upon by said railroad compa¬
nies, and in the event they cannot agree, then each part
shall be exclusive and such in common as shall be right
and ecpiitable.
Sec. 5. Be it farther enacted, That this act shall not
14T
1862.
be construed to interfere in any way with the right ofHow not t0 be
said railroad companies to depots and rights of way in construed,
the city of Selrna, under their present charter.
Approved November 28,1862.
Supplemental and to amend an act to amend the char¬
ters of the Alabama and Tennessee Rivers Railroad
Company, the Alabama and Mississippi Rivers Rail¬
road Company, the Selma and Gulf Railroad Com¬
pany, and the Western Railroad, Company, approved
November 28, 1862.
Sec. 1. Be it enacted by the Senate and House of Repre¬
sentatives of the State of Alabama in General Assembly
convened, That the act of this legislature specified in
the caption of this act, approved 28th November, 1862,
be and the same is amended by striking opt the final
letter "s" where it occurs in the Word "Rivers," after letter w strict
the word "Alabama and Tennessee," where they occureuou'
in said act, so as to read "the Alabama and Tennessee
River Railroad company," the title of said company
being misnamed in said act.
Approved December 6, 1862.
To amend the charter of the Tennessee and Alabama
Central Railroad Company, and for other purposes.
Sec. 1. Re it enacted by the Senate and Honss of Rep¬
resentatives of the State of Alabama in General Assembly
cormmd, That for the purpose of better developing the
mineral resources of the State, the Tennessee and Ala¬
bama Central Railroad Company, or their lawful as¬
signs, the Mountain Railroad Contracting Company,
are hereby empowered to construct branch railroads, ^ayeoMtruct »
not to exceed ten miles in length, from any point which
may be deemed advisable along the line of said railroad,
and in all proceedings on account of right of way, and
No. 120.]
AN ACT
No. 121.]
AN ACT
1862,
148
land damages along the line of said road and branches,
the same forms and proceedings, and the same rules and
regulations, shall be observed as are prescribed for like
purposes by the charter of the South aud Rorth Ala¬
bama Railroad Company.
Sec. 2. Be it farther enacted, That said Tennessee
and Alabama Central Railroad Company, or their legal
mTonL r™d' assigns, be and they are hereby authorized to locate the
southern terminus of said road at any point on the Ala¬
bama and Tennessee Rivers Railroad, not exceeding
seven miles east of Montevallo.
Approved November 20, 1862,
Ho. 122.] AH ACT
To amend tbe Charter of the Planters' Insurance Co,
Sec. 1. Be it enacted by the Senate and Some of Bepre*
sentfytives of the State of Alabama in General Assembly
conre ed, That »when by reason of the absence of the
president ofdirectors of the Planters' Insurance Com¬
pany from the State of Alabama, or in the military ser-
vice of the Confederate States for more than two
months, it may be necessary to elect a new president,
or board of directors, it shall and may be lawful for
pn^enVto caf^a such of the board of directors as are not so absent to
meeting, &e. call a meeting of the s'ockholders to elect a new board
of directors, at such time and place as may be ap¬
pointed.
Approved Hovember 20,1862.
Ho. 128.] AH ACT
i
To amend the Charter of the Eufaula Home Insurance
Company,
Sec, 1. Be it enacted by the Senate and House of llep#
Additional T„iv.reetntatives of the State of Alabama in General Assembly
iiege conferred, convened, That in addition to the privileges granted the
Eufaola Home Insurance Company, by an dot approved
Feb. 8, 18G1, and an act amendatory of said act, ap«
149
1862.
proved I) jr. 9, 1861, sail company are hereby author¬
ized to make such investments in the stocks of the Con¬
federate States, or either of them, as it may deem ne¬
cessary to carry on its legitimate business under its
charter.
Sec. 2. Be it further evaded, That said company in .
the exerciHe of its privileges of. a savings bank, shall inferest!6' cen<
be authorized and allowed to charge at the rate of 8
per cent, interest in all of its busiuess, instead of the
rate ot interest now allowed it.
Approved December 1, 1862.
No. 124.] AN ACT
To amend "An act to incorporate the South Alabama
Manufacturing Company," approved February 24th,
1860.
Sec. 1. Bet it enacted hy the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly
convened, That an act entitled "an act to incorporate
the South Alabama Manufacturing Company," ap¬
proved February 24, 1860, be amended, by striking out lls1x„in laceof
the word "three," in the third line, and inserting the "three."
word "six."
Approved December 1, 1862.
No. 125.] AN ACT
To amend "An act to incorporate the Gfas Light Com¬
pany of Selma."
Sec. 1. Re if enacted by the Senate and House of Repre¬
sentatives of the State of Alabama in General Assembly
conitntd, Tnat so milch of the third section of said act
as in these words, to-wit: "ordinarilv charged in the gaS.t0 price 0
cities between Charleston, S. C., and New Orleans, La.,
inclusive,'" he stricken out and repealed, and in lieu
thereoi he inserted the words following, to-wit: "as
miry he fi^ed by the board of directors, not to exceed
eight dollars per thousand cubic feet for gas."
Approved November 7,1862.
1862.
150
No. 126.]
AN ACT
To give to the Probate Judge or Probate Court of Au¬
tauga county jurisdiction over the estate of Thomas
C. Daniel.
Section 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly
convened, That the probate judge or probate court of
Autauga county is hereby invested with jurisdiction to
grant letters of administration upon the estate of Thom¬
as C. Daniel, deceased, and to make all orders and set¬
tlements necessary to a full administration and final
settlement of said estate; and the jurisdiction of the
probate judge or probate court of Dallas county over
said estate, and its administration, is hereby transferred
to the probate judge or probate court of Autauga
county.
Approved December 6, 1862.
To authorise the Commissioners' Court of Autauga
county to levy a special tax for the support of fami¬
lies of soldiers in the war.
Sec. 1. Be it enacted by the Senate and House of Repre¬
sentatives of the State of Alabama in General Asstmbly
convened, That the commissioners' court of Autauga
county be authorised to levy a special tax, on all the
taxable property in said county, for the purpose of sup¬
porting the families of soldiers in the army during the
war.
Approved November 7, 1862.
No. 127.]
AN ACT
l&l
1802.
No. 128.
AN ACT
To change the Boundary Tine between Bibb and Au¬
tauga counties, so far as to include the dwelling hou¬
ses of S. H. Faulkner and T. L. Faulkner, in the
county of Autauga.
Sec, 1. Re it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly
concerned^ That the boundary line between the counties
of Bibb and Autauga be, and is hereby altered, so as to
include the dwelling houses of S. IL Faulkner and T.
L. Faulkner, in the county of Autauga; but no further
or other change of said line is to be nfade by this act.
Approved November T, 1802..
To change the Boundary Line of the counties of But¬
ler and Conecuh.
Sec. 1. Be it enacted by the Senate and House of Rep-
resenfatives of the State of Alabama in General Assembly
convenedi That the boundary line between the counties
of Butler and Conecuh be so altered as to include* the
dwelling house of Joseph J. Allen in the county of
Butlef.
Approved November 24,1802.
To establish a Bridge across the Choctawhatohie ltiver
in Coffee county.
Heo. 1. Be it enacted by the Senate and House of Rep*
remitative of the State of Alabama in General Assembly
cohnv/nvf, That the bridge across the Choctawbatchienshed.
river, built by Register and Broxton, be and the same
is hereby established by taw.
ISec. 2. Be it further enacted, That no road leading to,
No. 129.]
AN ACT
No. 13(5.]
AN ACT
1862. 152
iy» road to be or from said bridge, shall be obstructed by putting auy
oj^iue.e . fence, or falling any timber in or across said road.
Approved November 26, 1863.
No. 131.] AN ACT
To change the time of holding the Chancery Court of
Choctaw county.
Sec. 1. Be it, enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly
convened, That hereafter the chancery court of Choctaw
county shall he held on Wednesday after the third
Monday in July, instead of the time*now prescribed by
law.
Approved November 26, 1862.
No. 132.] AN ACT
To amend the lload Law in Choctaw eouDty.
Sec. 1. Be it enacted by the Senate and House of Rep-
who are liable resolutives of the State of Alabama in Geiieral Assembly
convened, That after the passage of this act, the follow¬
ing persons shall be liable to work on, clear out, and
repair the public roads in the county of Choctaw, to-wit;
all free white male persons between eighteen and forty-
five years of age, and all male slaves and other male
persons of color over sixteen and under sixty years of
ase-
Sec. 2. Be it further enacted, That no person speci-
xoeptions ac'^ i)e exempt from road dut}% except
ministers of the gospel, who are regularly engaged in
their pastoral duties, and the apportioned on roads;
said apportioned to be exempt only for each year that
they actually aud punctually serve as such, any law to
the contrary notwithstanding.
.Approved November 18,1862.
158
1861
No, 188.] AN ACT
Te authorize the. publications of Choctaw county to be
made in the city of Mobile.
(Sue. Iji Be it enacted by the Senate and Mouse of Mep-
reSenfatires of the State of Alabama in General Assembly
mov/iW, That after the parage of this act it shall he
la kvful for the officers of the different courts held in
Choctaw county, as well as executors, administrators
and guardians, to make publication in any newspaper
printed in the city of Mobile, whenever there is no
weekly newspaper printed Within the limits of said
comity* any law to the contrary notwithstanding.
Approved November 20, 1862.
No. 134.] AN ACT
To provide for the election of county treasurer of
Coosa county by the people.
Hue. 1. Be it enacted by the Senate and Mouse of Mepre-
senftftres Of the State of Alabama in General Assembly Election of trea-
eonot-ui'd. That the County treasurer of Coosa courfty pie?rbythepeo*
shall be elected by the qualified voters of said county,
on the first Monday in August, 1863* and every three Term pf office,
years thereafter, and shall file his bond with the proper
securities, and filter upon the discharge of his duties
within ten days after said election.
8ec. 2, Be it further enacted, That should any vacan¬
cy occur in the said office of county treasurer, prior to how vacancy to
the said first Monday in August, 1863, or af any timebeflUed*
thereafter, the judge of probate shall convene the com¬
missioners court of said county at as early a day as prac*
ficable, to fill said vacancy by appointment, which ap¬
pointment, which appointment shall be for the unex>
pired term and until the successor is duly qualified.
Approved November 26,1862.
1862.
Ho. 135.] AN ACT
To amend an act entitled an act to amend the Mechan¬
ics' lien law of Dallas, Pike and Coosa counties.
Sec. 1. Be it enacted by the Senate and Souse of Rep¬
resentatives of the State of Alabama in General Assembly
rin™ariiep?nf°**cowve,lgc^5 That any person having a lieu under the pro¬
visions of the above entitled act, mpy enforce the same
in the following manner: He may tile a petition in the
circuit court of the county in which the property is sit¬
uated, upon which the lien is to be enforced, setting
out the amount and nature of his debt for which he
claims a lien describing the property on which he as¬
serts a lien, stating the name or names of the owners
or claimants of the property, and of the debtor, show¬
ing that his claim was presented and recorded as re¬
quired by said act, and that the same, or some part
thereof, within the jurisdiction of the court, remains
unpaid, and prdyingfora sale of the property described
to satisfy the debt on the filing of such petition ; the
clerk must issue notices thereof to all the persons
named therein, as owners or claimants of the property
described," and to the debtor requiring them to appear
at the next term of the court, and show cause why the
prayer of the petition should not be granted, which no¬
tices shall be served by the sheriff, or other proper offi¬
cer; when the notices are returned executed, the par¬
ties notified may make auy proper defence, by plea or
answer to the petition, if no plea or answer be filed at
the first term of the court after the return of the no¬
tices "Executed", the court may render judgment by
default for the amount alledged in the petition, which
may be proved to be dues, condemn the property de¬
scribed in the petition to be sold for the payment there¬
of, and the costs of the proceedings, and order execu¬
tion accordingly, which execution shall run against the
goods and chattels of the debtor, as well as against the
particular property ordered to be sold ; if a plea or an¬
swer be filed, an issue shall be made up under the di¬
rection of the court, which may be tried either by the
court or jury, as the parties may agree, or by a jury, if
the parties do not agree, and the court shall render
judgment and award execution, in accordance with the
verdict; but if the verdict and judgment be for the pe-
1862,
titioner^ the execution shall fun as above directed in
case of judgment by default.
Seo. 2. And be it further enacted. That the fees of the
clerk and sheriff, or other officer, for issuing and serv- under this act.
ing the notices required by this act, and for all other
services rendered in the proceedings authorized by this
act, shall he the game as in proceedings by complaint
and summons to recover debts.
Sec. 3. And be it further enacted, That the remedy here- named? merely
hy given shall be cumulative merely, and any personcumulative-
having a lien under the provisions of the act of which
this an amendment may enforce the same in a court of
chancery notwithstanding this aet.
Sec, 4. And be it further enacted, That no proceeding ^0^i0r «r eub-
or sale under the provisions of this act shall impair or
destroy any prior or subsequent lien under the act o£»troyed.
which this is an amendment.
Approved November 8, 1862.
No. 136.] AN ACT
To authorize the Court of County Commissioners of
Fayette and Morgan counties to levy a tax on Dogs.
Seo, 1. Be it enacted by the Senate and House of Repre¬
sentatives of the State of Alabama in General Assembly Authority to
convened, That the court of county commissioners oflevy*
Fayette and Morgan counties, are hereby authorized,if
they deem it expedient, to levy a tax on all dogs, over
and above two, that may be owned by any family in
said counties.
Sec. 2. Be it further enacted, That said tax shall be
assessed and collected by the assessors and collectors of
said counties, and when collected shall be appropriated Tax how to be
to the support of the indigent families of volunteers in aPPr°Priated-
said counties.
Sec. 3. Be it further enacted, The tax so assessed by
the court of county commissioners shall not exceed one cJax,ftt t0 ex-
dollar for each dog over and abov^ two owned by anycee '
family in said counties.
Sec. 4. Be it further enacted, The dogs owned by any
1862.
166
Explanatory, one meinber of the family, either white or black, shall
be considered as belonging to the family.
Approved December 6, 1862.
No. 137.] AN ACT
To change the boundary line between the Counties of
Jefferson and Shelby.
Sec. 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in Gendral Assembly
con.ened, That the boundary line between the couuties
of Jefferson and Shelby be so changed as to include
William S. Earnest and his residence in the county of
Jefferson.
Approved December 4, 1862.
No. 138.] AN ACT
To authorize certain officers of Jefferson county to
make publication in the newspapers of Selma.
Sec. 1. Be it enacted by the Senate and Honsc at Beyre-
sentatims of the State of Alabama in General < s^i mbly
convened, That from and after the passage of (his act,
it shall be lawful for the probate judge, register in
chancery, clerk of the circuit court, sheriff', and all ex¬
ecutors and administrators, and guardians, of Jefferson
county, to make all publications required to be made
by them respectively, either in the newspapers, pub¬
lished at Selma Alabama, or in those now designated
by law.
Approved November 24,1862.
No. 130.] AN ACT
To hold a special Term of the Chancery Court iu the
county of Jefferson.
Sec. 1. Beit enacted by the Senate and Hon,sy of Bcjtre-
157
1862.
son at in i of the S ate of Alabama in General Asscnihty
conrentd, That it shall be the duty of the chancellor of
tbe middle chancery division, of the State of Alabama,
and he i3 hereby required to hold a special term ot the
court of chancery, for the twenty-second (22) chancery
district middle division of Alabama, on the fouth (4)
Monday in December, 18G2, which court shall continue
to be held and adjourned, from day to day, until all the
business of said chancery court is disposed of; and
should naid chancellor not open said court, ou said
fourth (4) Monday, it shall be lawful for him to open
and hold the same on the Tuesday or Wednesday fol¬
lowing.
Approved November 20, 1862.
No. 140.] AN ACT
To detach Macon county from the Middle, and attach
it to the Southern Chancery Division; and to de¬
tach Sumter county from the Southern, and attach it
to the Middle Chancery Division.
Sec. 1. Be it enactnd by the Senate and House of liep-
resentatioes of the State of Alabama in General Assembly as to Macon.
convened, That the county of Macon be, and the same
is hereby detached from the middle and attached to the
southern chancery division ; and that the county of
Sumter be detached from the southern and attached to
the middle chancery division.
Sec. 2. And be it further enacted, That the chancellors
of the middle and southern chancery division may fix As t0 sutnter,
the time for holding their chancery courts in the said
counties of Macon and Sumter, by giving due notice
thertof by publication in a newspaper.
Approved November 28, 1862,
1862.
158
No. 141.] AH ACT
To authorize the commissioners' court of Macon county
to appropriate a certain amount of the taxes levied
for coudty purposes, to the support of the indigent
families of volunteers, &c.
Sec. 1. Beit enacted by the Senate and House of Repre¬
sentatives of the State of Alabama in General Assembly
convened, That the commissioners' court of Macon
county be, and they are hereby authorized to appropri-
priate sixty-five per cent, of the taxes assessed for couu-
ty purposes, to tne support of indigent families, in Ma-
•con county, of volunteers, or conscripts, in the service
of the Confederate States from 9aid county, under such
rules and regulations as said court may from time to
time establish.
Approved November 7,1862.
Ho. 142.] AH ACT
To require the County Treasurer of Marshall county
to register certain claims against the county of Mar¬
shall.
Sec. 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Asstmhly
convened, That the county treasurer of Marshall county
is hereby required to register the county claims of
Thomas J. Cockron, late sheriff of said county,, when
paid claims have been approved by the probate judge of
said county, any law to the contrary notwithstanding.
Approved November 7, 1862.
Ho. 143.] AH ACT
To legalize the action of the Court of County Commiss¬
ioners of Marshall, Fayette and Barbour counties, in
levying a special tax for the support of the families
of soldiers.
Sec. 1. Be it ^enacted by the Senate and House of Ilepre
159
1862.
sen fa fives of the, State of Alabama irt General Assembly Duty of nut eoi-
convened, That any action of the courts of county com-leetOTS-
ty commissioners* of Marshall, Fayette and Barbour
counties, had since the last session of this assembly,
having for its object the levy Of a special tax upon the
taxable property in said counties, for the support of the
families of soldiers in the service of the Confederate
States* or of this State, be, and the same is hereby le¬
galized ; and it shall be the duty of the tax collectors
for said counties to collect and pay over as speedily &&
practicable, to the judges of probate of said counties
respectively, so much of said special tax as shall not
have been voluntarily paid by the tax payers, against
whom the same may have been assessed*
Approved November 5,1862.
No. 144.} AN ACT
TP change the time of holding the Circuit Courts in
Marion* Walker and Winston counties, and for other
purposes.
Secp 1, lie it enacted by the Senate and Souse of Rep*
resent atives of the State of Alabama in General Assembly to Marion
convened, That from and after the passage of this act, <,oantr-
the county of Marion be detached from the fourth ju¬
dicial circuit, and attached to the third-judicial circuit;
an<l that the coupty of Winston be detached from the
^hird judicial circuit, and attached to the fourth judicial
circuit,
v^eo. 2. Be it further enacted, That the time of bold+£inve 0f holding
ipg the circuit courts shall hereafter be, in the county sal3
of .Marion on the seventh Monday after the first Mon¬
day in March and September, and may hold,one week;
and Jn the county of "Walke? on the eighth Monday
kfter the first Monday in March and September, and
may hold one week; an'd in the county of Winston on
the ninth Monday after the first Monday in March and
September, and *iiay hold one week.
Sec. fu Beit further enacted, That all executions,ExeeutiOMwrIt
writs, wubpmiias, bonds, and process of every kind,&c-
made ^returnable to ahy of said courts, at thetime^ now when returnable
provided by law, shall be and the same are hereby made
1862.
160
returnable to said circuit courts at the time prescribed
by this act.
Sec. 4. Be it further enacted, That all laws ami parts
of laws, contravening the provision of this act, be and
the same are hereby repealed.
Approved November 18,1802,
To enable the corporate authorities of the city of Mo¬
bile to levy an additional tax on real estate for Mu¬
nicipal purposes.
Sec. 1. Beit enacted by the Senate and House of Bep-
reseniatives of the State of Alabama in General Assembly
convened, That the corporate authorities of the city of
Mobile are hereby authorized-to levy an additional tax
of not exceeding twenty cents, on each one hundred
dollars in value of the real estate ot said city, to that
now authorized by law, the same to be collected as
other taxes on real estate are collected in said city, and
to bh used for municipal purposes : Provided, That this
act shall continue in force for twelve months from the
date of its passage, and no longer.
.Approved, pec. 8th, 1862.
To authorize the judge of probate of Mobile county,
to remove his office records to a place of safety, and
for other purposes.
Section. 1. Be it enacted by the Senate and Houst r f Bep*
resentatircs of the State of Alabama in General Assuntly
convened., That the judge of probate, of Mobile county,
be and he is hereby authorized to remove the papers,
books, and records of his office, to a place of safety,
whenever he shall deem said removal necessary to pre¬
serve them from the public enemy.
Sec, 2. Be it farther enacted, That said judge of pro¬
bate shall have the right to perform all the duties of
No. 145.]
AN ACT
No. 146,]
AN ACT
101
1862.
his office in any county of this State, to which the
papers, books, and records of his office maybe removed
under this act.
Approved December 6, 1862.
No. 147.] AN ACT
To amend An act for the improvement of the Bay and
Harbor of Mobile.
Section 1. Be it enacted by the Senate and House of Rep¬
resentatives of tlte State of Alabama in General Assembly
convened, That so much of the ret for the improvement
of the bay and harbor of Mobile, approved February
21, 1860, as provides that one-fifth part of the revenue as to thedispo*
that may hereafter be annually collected in the county flfthVat^taxesi
of Mobile, for the use of the State, should be relin¬
quished, and donated to the president and commission¬
ers of .revenue of Mobile county, be and the same is
hereby repeale 1, and the tax collector is required to ac¬
count for, and pay over, the said one-fifth in the same
manner that the balance of State tax, for said county
of Mobile, is paid over and accounted for.
Approved December 5, 1862.
No. 148.] AN ACT
To amend An act entitled An act to protect the Elec¬
tion Franchise in Municipal Elections in the city of
Mobile, approved 5th December, 1861.
Sec. 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly Amended as to
eerie* nod, That the above named act be, and is hereby so commissioners.0'"
amended as to require the appointment of the commis¬
sioners therein named, and a registration of the names
of the voters, every three years, viz: next preceding
the general election in said city, instead of annually as
is provided by said act, to which this is an amendment,
the first appointment of commissioners and registra¬
tion, to be made before and from the election to be^*to,tak®
11
1862.
162
holden on the first Monday in December, 1864, and
every three years thereafter, in the manner provided by
said act.
Approved November 8,1862.
No. 149.] AN ACT
To authorise the enrollment of the Creoles of Mobile.
Sec. 1. Be it enacted by the Senate and House of Bepre-
sentatives of the State of Alabama in General Assembly
convened, That certain persons of mixed blood, residing
ro?ifed.stobeen*in the city and county of Mobile, commonly known as
Creoles, be and the same are hereby authorised to be
enrolled as militia for the defense of the city and county
of Mobile, if in the opinion of the mayor of the city it
is expedient.
Sec. 2. Be it further enacted, That the enrollment
Enrollment how au^lorise(^ by the first section of this act shalljee made
tobemade. as follows, to-wit: the mayor shall enroll each male
Creole .between the ages of eighteen years and fifty
years, who wishes to be enrolled; he shall then divide
them into suitable companies, and appoint some dis¬
creet white men as commissioned officers to command
said companies. Said companies shall be confined ex¬
clusively to the defense of the city and county of Mo¬
bile, and shall be under the command of the military
authorities in the city of Mobile.
Approved November 20,1862.
No. 150.] AN ACT
To provide for the defense of Mobile.
Sec. 1. Be it enacted by the Senate and House of Bep-
resentatives of the State of Alabama in General Assembly
Fi-vo hundred convened* That the sum of five hundred thousand dol-
thouaa&d dollars, ' « ,, & 1 • i i
appropriated lars, or so much thereof as may be necessary, is hereby
appropriated to the defense of Mobile, under the direc¬
tion of the governor, to be drawn on his warrant on the
state treasury, as provided for by clause 3, section 3 of
163
1862.
an act entitled "an act making appropriations for the
military defense of the state," approved 6th February,
1861. '
Approved November 8, 1862.
No. 151.]* AN ACT
To authorise the Commissioners' Court of Monroe
county to levy a special tax.
Sec. 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly
convened, That the court of eounty commissioners of
Monroe county is hereby authorised to levy a tax, not
exceeding one hundred per cent, on the state tax, for
the support of indigent families of volunteers.
Approved December 6, 1862.
No. 1^2.] AN ACT
To authorise the corporate authorities of the city of
Montgomery to control aud improve the grounds
around the capitol.
Sec. 1. Be it enacted by the Senate and House of Repre¬
sentatives of the State of Alabama in General Assembly
convened, That in case the corporate authorities of the
city of Montgomery shall hereafter purchase the vacant
lots immediately north of the capitol grounds, the said
authorities are hereby authorised, from and after said
purchase, to take and keep the charge and custody of
the grounds of the state around the capitol, for the pur¬
pose of improving and adorning those grounds, and
preserving the improvements and adornmeuts they may
make, and to make rules and regulations to carry out
the object of this act: Provided, however, that the charge
and custody, and rules and regulations of said corporate
authorities, in relation to said grounds around the cap¬
itol, shall at all times be subject to modification or an¬
nulment by the governor or by the general assembly.
Approved November 25,1862.
18612.
164
No. 153.1 ACT
To change the Boundary Line between Montgomery
and Pike counties.
Section 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly
convened, That the county boundaries between the
counties of Montgomery and Pike be so changed, as to
embrace Within the territory of Montgomery, the -resi¬
dence of Johnathan T. Thomas.
Approved November 28, 1862.
No. 154.] AN ACT
To define the fees of the Justices of the Peace and Con¬
stables in the city of Montgomery.
Sec. 1. Be it enacted by tne Senate and House of Rep-
♦ resentatives of the State of Alabama in General Assembly
convened, That from and after the passage of this| act,
justices of the peace, constables and jurors, on the trial
by jury before justices of the peace, in beats numbers
4 and 5 in the city of Montgomery, shall be entitled to
the following fees for their services, in civil cases in the
following particulars, viz: justices of the peace, for each
appeal bond, 75 cents, veniri facias, 75 cents, each sub¬
poena for witness, 25 cents, swearing jury, 25 cents, each
day presiding, extra, §1 50; constables, for Summoning
jury, $1 50, summoning each witness, 50 cents, attend¬
ing on trial each day, $1 00; jurors, for attending on
trial each day, $1 50; all of which shall be taxed against
the unsuccessful party in the suit in which the same
may accrue.
Sec. 2. Be it further enacted, That all laws relative to
certain laws re-jury trials befqre justices of the peace, conflicting with
peaieu. f0reg0^n^ hre hereby repealed.
Approved December 8, 18G2,
165
1862.
No. lr,5.] AN ACT
To legalize the acts of the Commissioners' Court of
Morgan county.
Sec. 1. Be it enacted by the Senate and House of Hep-
resent afives of the State of Alabama in General Assembly
convened, That the tax levied by the commissioners' gauzed! Ux l£"
court of Morgan county, for the purpose of refunding
money to those who have advanced money to equip
voluteer companies, or who had advanced money or
provisions to support the families ot volunteers, be and
the same is hereby legalized.
Sec. 2. Be it farther enacted, That all taxes "heretofore gaf;^er tax Ie"
levied by said court, for the support of soldiers' fami¬
lies in said county, be and the same is hereby legalized.
Approved December 2, 1862.
No. 156.] AN ACT
To authorize the Sheriff and other officers of the county
of llussell to make publication in a newspaper pub¬
lished in the city of Columbus, Georgia.
Sec. 1. jBe it enacted by the Senate and Souse of Rep¬
resent* tf ices of the State of Alabama in General Assembly
convened, That during such time as ho newspaper is pub¬
lished in the county of liustsell, the judge of probate,
the register in chancery* the clerk of the circuit court,
and the sheriff of the same, are hereby authorized to
have published in any newspaperof the city of Colum¬
bus in the state of Georgia, all such notices and adver¬
tisements as by law they are required to have inserted
in a newspaper.
Approved November 17, 1862.
1862.
166
No. 157.] A¥ ACT
To prevent the destruction by fire of property in the
towns and villages of the counties of Shelby, Jeffer¬
son and St. Clair.
Sec. 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly
Nouostore convened, That it shall not be lawful for any person
within half mile ' . . n i • n 4 *{•
without consent, other than citizens ot the counties ot Jetlerson,
Shelby, and St. Clair, in the State of Alabama, to store
cotton in any town or village of said county of Shelby
or within a half mile thereof, except at railroad d:pots,
without the consent in writing of at least three-fourths
of the householders of said town or village.
Sec. 2. Be it further enacted, Thatt it shall he the
Duty or sheriff °f the sheriff of Shelby county, if cotton is now
or may be stored in any town or village of his county,
without the consent as aforesaid, as soon as he is in¬
formed of the same to notify the owners or agent of such
owner in writing to remove the same within ten days
beyond the limits set forth in section one hereof, and
if such owner or agent refuse to remove the same, such
sheriff shall remove the same at the expense of the
owner aforesaid.
Sec. 8. Be it further enacted, That for the services
Allowance for performed by the sheriff as aforesaid, he shall be allow-
such service. ed one dollar per bale for each bale of cotton sore-
moved, and reasonable charges for the hands and teams
employed by him in removing the same, and one dollar
for every notice given under the provisions of the sec¬
ond section hereof as costs of such proceedings.
Sec. 4. Be it further enacted, That the costs which
costa a lien on may be iucurred under section three hereof, shall be a
the cotton. j-en on ^ie cot-ton so removed, and the sheriff is hereby
authorized to sell the same, or so much as may be ne¬
cessary to pay such costs at the expiration of ninety
(90) days from such removal, at public auction, for cash,
and pay such costs, unless the same shall be paid with¬
in such time.
Sec. 5. Be it further enacted, That if the sheriff
penalty a sheriff aforesaid fails or refuses to perform the duties in the
fwi« or refuses. sec0nd section hereof, he shall be liable to indictment,
and on conviction shall be fined not less than five hun-
•167
1862.
dred dollars nor more than two thousand dollars at the
discretion of the jury trying the same.
Approved December 9, 1862.'
No. 158.] AN ACT
To amend the law in relation to Public Bridget in Sum¬
ter county,
Sec. 1. Be it enacted by th& Senate and Some of Rep¬
resentatives of the State of Alabama in. General Assembly
convened, That the probate judge of Sumter county, be
and he is hereby authorized to make appropriations and
contract for repairing any public bridge in the said
county of Sumtet during the vacation 6f the commis¬
sioners court, the probate judge to b^ governed in all
respects by laws and regulations in contracting for said
repairs, as are prescribed for the government 6f com¬
missioners court of said county.
Approved November 8, 1862.
No. 159.] AN ACT
To provide means for arresting the spread of the small
pox in the county of Tallapoosa, and for other pur¬
poses.
Sec. 1. Be it enacted by the Senate and House of Repre¬
sentatives of the State of Alabama in General Assembly
convened, That the sum of three thousaud dollars, or do[ia«approp"f-
so much thereof as may be necessary, be and the same»ted.
is hereby appropriated out of any1 money in the treas¬
ury, not otherwise appropriated, for the purpose of en¬
abling the court of county commissioners of the coun¬
ty of Tallapoosa, to take prompt and efficient measures Purpose or the
to arrest the spread of small pox, and afford relief to apPropriatlon-
the poor of said county afflicted therewith.
Sec. 2. Be it further enactcd% That the comptroller be Comptroljer t0
and he is hereby authorized tb draw his warrant on the draw his to.
treasurer for said sum, or so much thereof as may beran '
1862. 168
necessary in favor of the judge of probate of said
county.
Approved November 26, 1862.
No. 160.] AN ACT
More effectually to provide for the support of the indi¬
gent families of soldiers in the Confederate army
from the county of Walker.
Sec. 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly
convened, That the court ot county commissioners of
ITcounty Walker county, be and they are hereby authorized to
reissioners may hire such number of slaves as in their discretion they
may deem proper, and to re-hire the same in their coun¬
ty to responsible parties, taking notes or bonds with
two good securities payable in provisions, to be deliv¬
ered in the year 1863, at such times, places, prices, in
such quantities, and of such kind as may be agreed up¬
on, which provisions shall be distributed to the indi¬
gent families of soldiers in the State or Confederate
army, as provided in an act to provide for the support
of the indigent families of soldiers in the Confederate
army from the State of Alabama, approved November
12, 1862.
Sec. 2. Be it further enacted, That to carry into effect
the object contemplated in the foregoing section, the
ageat?mpl°y an said court is hereby authorized to employ an agent at
such price as may be just and reasonable to make all
necessary contracts for the hiring of said slaves under
the direction of said court, and said court is hereby au-
how agent may tliorized to pay the hire of said slaves and such agent
v>epaid. ouj. 0f t[ie money or funds appropriated, or which may
be appropriated to said county under the provisions of
the above cited act.
Approved November 26,1862.
169
1862.
No. 101.]
AN ACT
To give the Probate Judge of Coffee county jurisdiction
of the Estate of John J. Allsabrooks, iate of Cov¬
ington county.
section 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly
concerned, That whenever James W. Stallings and Ma-^dent!tionspre"
tilda AMsabrooks, administrators of the estate of John
J. Allsabrooks, late of Covington county, deceased,
shall have made a settlement in the prqbate court of
Covington county, of their administration of said es-Duty 0fpr0T,ate
tate, as far as they shall have administered the same,
and shall have paid the costs accrued in said court upon
the same, it shall be the duty of the probate judge of
Covington county, upon the application of said admin¬
istrators, to transmit to the probate court of Coffee
county the original papers on file in his office, pertain¬
ing to said estate, and a certified copy of all the orders,
entries, and decrees, on the minutes of his court, and
thereupon fhe probate court of Coffee county shall have
as full and complete jurisdiction of said estate, as though
said deceased had died a resident citizen of said county
of Coffee: Provided, That before this act shall take
effect, the sureties on the official bond of said adminis¬
trators, shall file their written assent to the provisions
of this act, in the probate court of Covington and Cof¬
fee counties, or in default of such assent, a new bond
be given by said administrators, to be approved of by
the probate judge of Coffee county.
Approved November 26? 1862.
To give the Probate Judge of Butler County jurisdic¬
tion over the estate of Beujamin W. Campbell, late
of Pike County, deceased.
sec. 1. Be it enacted by the Senate and House of Bepre-
sentatives of the State of Alabama in General Assembly conditions of
convened, That whenever Mary A# Campbell, executrix dfction.°f iun8~
of the estate of Benjamin W* Campbell, late of Pike
No. 162.]
AN ACT
1862.
170
county, deceased, shall have made a settlement in the
probate court of Pike county, of her administration of
said estate, as far as she shall have administered the
same, and shall have paid the costs accrued in said
court upon the same, it shall be the duty of the pro-
hate judge of Pike county, upon the application of said
executrix, to transmit to the probate court of Butler
county, the original papers on hie in his office, pertain¬
ing to said estate, and a certified copy of all orders,
entries and decrees, on the minutes of his court; and
thereupon the probate court of Butler county shall
have as full and complete jurisdiction of said estate as
though said decedent had died a resident citizen of said
„ . t county of Butler: Provided, That before this act shall
Proviso as to as~
sent of securi- take effect, the sureties on the official bond of said ex-
tie8' ecutrix shall file their written assent to the provisions
of this act, in the probate courts of Pike and Butler
counties, or in default of such assent, a new bond be
given by said executrix, to be approved of by the pro¬
bate judge of Butler county.
Approved November 3, 1862.
No. 163.] AN ACT
To remove the estate of Nancy M. Thompson, deceased,
from Tuscaloosa to Greene county, in this state.
Sec. 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly
convened, That at any time after the resignation and final
men robate se^eraen^ Edward Bencher, as administrator or ex-
judgeeof^reeane ecutor of the estate of Nancy M. Thompson, in the
Sstfat^n.ad" probate court of Tuscaloosa county, it shall be lawful
for the probate judge of Greene county to grant admin¬
istration upon said estate remaining unadministered,
and to take full jurisdiction over said unadministered
estate, and make all orders and decrees in respect
thereto, as if said probate judge of Greene county had
had original jurisdiction over the same; and it shall be
lawful for the administrator of said estate, appoiuted
by the probate judge of Greene county, to remove the
slaves and other personal property belonging to said
estate from Tuscaloosa county to said Greene county,
171
1862.
Sec. 2. Be it farther enacted, That after the resigna- Duty of judge os
tion, settlement, and appointment mentioned in theTu8ka,oowu
first section of this act, it shall be the duty of the pro¬
bate judge of Tuscaloosa county to transfer to the pro
bate court of Greene county, all the original papers on
file in his office relating to said estate, together with
copies of all orders and decrees in respect thereto, duly
certified under his hand and the seal of the court.
Approved November 18,1862.
No. 64.] AN ACT
In relation to. the real estate of I>uncan L. Nicholson,
deceased.
Sec. X. Be it enacted by the Senate and Souse of Repre¬
sentatives of the State of Alabama in General Assembly
convened, That it shall be lawful for the probate court Condition8 re
of Tike county to authorise Mary A. Nicholson and J. cedent to sale of
T. Itussell, as the personal representatives of the estate realesta,ie-
of Duncan L. Nicholson, deceased, late of said county
of Pike, on the hearing of an application properly filed
by them iu said court, for the sale of the real estate of public sSe?te or
said decedant in said county, to sell such real estate at
private, instead of public sale, if it shall be proved to
the satisfaction of the court that the parties in interest
will not be prejudiced thereby ; but the proceedings of Action must loa¬
the court on such application, and the action of the Saidform-
representatives of said estate, must conform in all other
respects to the laws now in force, which regulate the
proceedings of courts of probate in relation to the sale
of lands of intestates in such cases, it being the inten-Limitatl01)L-
tion of this act to enlarge the powers of said qourt of
probate of Pike county, so far only as to authorise it
to grant the present representatives of said estate to
sell the real estate thereof at private, instead of public
sale.
Approved November 10,1862.
1862.
172
No. 165.] AN ACT
To aid the Executors of the will of George G. Tank¬
ersly, Sr., to probate the same.
Preamble Whereas, Ben B. Little and Robert Tankersly have
re e' propounded for probate, in the probate court of Sumter
county, an instrument in writing purporting to be the
last will and testament, with a codicil thereto, ot George
G. Tankersly, sr., deceased, late of said county; and
whereas, Felix Tankersly, a minor heir of said testator,
who is over the age of fourteen, to-wit: nineteeu years
of age, is absent in the army in the State of Virginia,
and a citation cannot be personally served on him as by
lawrequiied; therefore,
Sec. 1. Be it enacted by the Senate and House of Repre¬
sentatives of the State of Alabama in General Assembly
cedent.101"5 pre convened, That upon the said Ben B. Little and Robert
Tankersly filing in the probate court of Sumter county
the written waiver of personal service by the said Felix
Tankersly, the probate judge of Sumter county may
proceed to admit the same to probate in the same w>y,
as though the said Felix Tankersly had been brought
into court by personal service.
Approved November 7, 1862.
No. 166.] AN ACT
To authorise James L. Hibbler and S. D. Sessums to
administer on the estate of W. H. Hibbler.
Section 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly
convened', That the probate judge of Sumter county in
this state be, and he is hereby authorised and required
to grant letters of administration, on the estate of Wil¬
liam H. Hibbler, to James L. Hibbler and S. D. Ses¬
sums, or either of them, notwithstanding they are non¬
residents, upon giving bond, with sufficient securities,
residents in this state.
Approved December 9, 1862.
178
1862.
No. 1C7.] AN ACT
To authorise the court of probate of Macon county to
grant letters of administration upon the estate of
Martin G. Jackson, late of Tallapoosa county.
Section 1. Be it enacted by the Senate and House of Bep-
resenfatires of the State of Alabama in General Assembly
convened, That the court of probate of Mac.on county
have authority to take jurisdiction of the administra¬
tion of the estate of Martin G. Jackson, deceased, late
of the county of Tallapoosa, to grant letters of admin-
istration thereon, and to do and perform all things- ne¬
cessary and proper, to cause the estate of said decedant
to be settled and distributed in accordance with the
laws of this state, as fully and effectually as if the said
decedant had been a resident citizen ot the said county
of Macon, at the time of his death.
Approved December 6, 1862.
No. 168.1 ACT
In relation to the estate of Lewis L, Langham.
Sec. 1. Be it enacted by the Senate and House of Hep re'
sentatires of the State of Alabama in General Assembly what the pro-
convened, That the judge of the probate court of Mobile ^jbiieisafthor-
county be, and he is hereby authorised to cause true ized to do.
copies to be made, and duly certified, of all the acts
and doings of record in said court respecting the last
will and testament of Lewis L. Langham, deceased, and
and the administration of his estate, and deliver the
same to Garland Good and John K. Hawthorn, the ex¬
ecutors, or either of them.
•Sec. 2. Be it further enacted, That as soon as thegucll eteri)t)lifl.
exemplication shall be handed over to the judge of the cation fun au»
probate court of Wilcox county, it shall be full author-thon 7>
ity for the judge of the probate court of Wilcox to pro¬
ceed with the business of said estate, in all matters as
if the will of said Langham had been proved in said
county, and the administration of said estate had ori¬
ginally commenced there.
t^EO. fi. Be it farther enacted, That the said executors
1862.
174
Executors au-be, and are hereby authorised to remove the negroes
move the prop- and all the property of said Lewis L. Langham from
«r»y- Mobile to Wilcox county.
Administration ®EC' 4. Be it further enacted, That from and after the
to cease in Mo-said exemplification is filed in Wilcox county, as atore-
ie" said, the administration shall cease and determine in
Proviso. the county of Mobile: Provided, always, that all expen¬
ses that are now, or may be due in the probate court of
Further proviso. Mobile, be paid by the executors: And provided farther,
that before this act shall take effect, the securities of
said executors shall file their written consent to the
transfer of said estate from the county of Mobile to the
county of Wilcox, in the probate court of each of said
counties.
Approved December 2, 1862.
No. 169.] AN ACT
To authorise the removal of the estate of John B. Chris¬
tian, deceased, from the county of Butler to the coun¬
ty of Wilcox.
Section. 1. Be it enacted by the Senate and House of Bep-
resentatives of the State of Alabama in General Assembly
convened, That the administration of John B. Christian,
Administration deceased, now pending in the court of probate of But-
lf6tH0V6ut t ' 1 O i
ler county, be, and the same is hereby removed from
the probate court of Butler county to the probate court
of Wilcox, and the said court of probate of Wilcox
is hereby invested with full jurisdiction and author¬
ity over said estate, and may make all orders and de¬
crees in relation to the administration thereof, as if said
Bu°iMtetintfans-Otters had been originally granted in the county of
for. Wilcox; and the judge of' the said probate court of
Butler is hereby authorised and required to transfer to
transfer to said probate court of Wilcox county all the
original papers on file in his office relating to said es¬
tate, together with copies of all orders and decrees, du-
proviso as to ly certified under his hand and seal: Provided, that be-
toramu8tdo!strafore this act shall take effect, the administrator of said
estate shall make a full settlement of his administration
in the probate court of Butler county, and shall file a
new bond payable to, and approved by, the judge of
175
1862.
probate of "Wilcox county, in such sum as the said judge
may require according to law, as in other cases of ad¬
ministration.
Approved December 1, 1862.
To legalise private sales made by the Administrator of
Alvin Burrows, deceased.
Sec. 1. Be it enacted by the Senate and Souse of Repre¬
sentatives of the State of Alabama in General Assembly
convened, That the sale by Thomas Williams of We-
tumpka, as administrator of Alvin Burrows, deceased,
of machinery, stock, and other articles, to Hon. John
Gill Shorter, governor, for the use and benefit of the
state, is hereby legalised, as fully as though done ac¬
cording to law, as well as any other private sale by said
administrator of the effects of said estate.
Approved November 21, 1862.
To authorise George Goldthwaite to rent or lease the
real estate of his ward by private contract.
Sec. 1. Be it enacted by the Senate and Souse of Repre¬
sentatives of the State of Alabama in General Assembly
convened, That George Goldthwaite, guardian of Ann
Goldthwaite, be authorised to lease or rent the real es¬
tate of said ward by private contract.
Approved November 21,1862.
No. 170.]
AN ACT
No. 171.]
AN ACT
1862.
1T6
No. 172.] AN ACT
To authorize the Executors of N. B. Powell, deceased,
to dispense with certain returns and settlements in
the Probate Court.
Sec. 1. Be it matted by the Senate and House of Bejr
resentatives of the State of Alabama in General Assembly
convened, That in accordance with the will of N. B.
Powell, deceased, late of Macon county, his executors
are hereby relieved from making any inventories, re¬
turns, or annual settlements, in the probate court of
said county, nor shall any appraisemeut of said estate
be required by said court,
Approved November 25,1862.
No. 173.] AN ACT
To authorize the Confederate States to purchase and
hold, in Alabama, a site for Rolling Mills, Foundiy,
&c., for the manufacture of Ordnance, &c.
Sec. 1. Be it enacted by the Senate and House of Bcprc
sentatives of the State of Alabama in General Assembly
Authority grant- convened, That the government of the Confederate
*d' States, or the proper department thereof, for the use of
said Confederate States, or the Congress thereof, shall
have permission, and lull authority, to purchase, on the
line of the Alabama and Tennessee River Rail Road,
Location limited ai)(j wpj1in State, a site for a foundry, rolling
mills, and other machinery, for the fabrication or man*
For what ur- u^'dClure °f armsS munitions, heavy ordnance, and other
pose.r a pur* articles useful in War, not exceeding one mile square in
territorial extent, and exercise, uuder the authority of
the Congress of the Confederate States, all proper ju-
jurisdiction. risdiction over the said one mile square, not inconsist¬
ent with any ordnance which may hereafter he adopted
by any convention of the people of this State.
Sec. 2. Be it farther enacted, That to enable the Con-
AuthoHty as to federate States to phtaiu wood, stone, or any other
wood, Btone, mateiqai necessary to the buildings, and successfully
carrying on the mills and machinery, established on the
said site mentioned in the first section of this act, the
177
1862,
Confederate States shall have the right and authority
to enter, or purchase, any of the public lands of this
State, and to purchase from individuals or corporations,
lands for the purposes aforesaid.
Approved November 17, 1862.
No..174.]
AN ACT
To amend An act entitled "An act to authorize the
Confederate States to purchase and hold in Alabama
a site for Rolling Mills, Foundry, &c., for the manu¬
facture of Ordnance, &c.," approved Nov. 17, 1862.
Sec. 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in Gendral Assembly
convened,( That the words "on the line of the Alabama
and Tennessee River Rail Road," where they occur in
the act entitled "An act to authorize' the Confederate
States to purchase and hold, in Alabama, a site for roll¬
ing mills, foundry, &c., approved November 17,-1862,
•be and the same are hereby stricken out, and the said
act is hereby so. amended as to authorize the govern¬
ment of the Confederate States to purchase and hold tJsttsat°7epa*fc of
the site for a foundry, &c., referred to in the said act, 18' ae'
in any part of this State. •
Approved November 29, 1862.
To amend An act to require the Commissioner of Pub¬
lic Lands to issue a'patent to Martha Carroll, of
Calhoun couuty, approved December 9, 1861.
Sec. ]. JJte it enacted by the Senate and House of Repre-.
seutatires of the State of Alabama in General Assembly
convened, That the said act be so amended as to require
the commissioner of public lands to issue a patent to
Martha Carroll for the north-east quarter of the north-' _ . 4. '
n ' t , t • i* i Description ot
east quarter of section three, township fourteen, range he tract. •
"six, in Calhoun county., instead of the north-west quar-.
No. 175.]
AN ACT
12
1862, ' 178
ter of the north-east quarter of said section, township,
and range, as authorized "by said act.
Approved December 5, 1862.
-No. 176.] AN ACT
To repeal in part An act approved 11th day of Febru¬
ary, 1854, constituting Seabourn ~W. Harvill and
Samuel B. Harvill liners, &c.
Sec. 1. Be it enacted by the Senate and House of Rep-
re8entatives of the State of Alabama in General Assembly
, convened, That so much of said act as relates to Sea-
bourn W. Harvill is hereby repealed.
Approved December 20, 1862.
No. 177,] AN ACT
For the relief of soldiers in the service of the Confed¬
erate States.
Sec, 1. Be rd enacted by the Senate and House of Repre¬
sentatives of the State of Alabama in General Assembly
convet ed, That hereafter it shall be the duty of the sev-
irm&rtu* erRi solicitors in each circuit, to enter a 7iolpros in all
.cases, where any person, or persons, may have been in¬
dicted for a misdemeanor only, and such person, or
persons, are soldiers in the service of the Confederate
States, or when such person, or persons, may have been
honorably discharged therefrom since the indictment
iprwiso. was found: Provided, That if i» the opinion ot the pre¬
siding judge the public good requires it, no such entry
shall be made.
Approved November 7, 1862.
m
1862.
No. 178-3 AN ACT
Tor the relief of Indigent families of soldiers in. Sum¬
ter and Walker oounties.
Sec. 1. Be it enacted by the Senate and House ofHep-r
resentatives of the State of Alabama in General Assembly
convened, That the court of county commissioners ol^Zised^boi-
Sumter county be, arid is hereby authorized to borrow*<mmQney-
a sum of money, jiot exceeding ten- thousand dollars,
and to appropriate the same for the support of the in¬
digent families of soldiers in said county, as directed
by the act entitled "An act to previde for the support How to be ^pro¬
of the indigent families of soldiers in the Confederate pnate '
army from the State of Alabama.'*
Sec, 2. Be it further enacted, That the court of coun- Comlrts 6f
ty commissioners of Sumte^ounty, is hereby author- Sumter to levy »
ized to levy a special tax in saitf Ityunty, not exceeding Bpeoia ta*'
in any one year fifty per cent, onljfee State tax, for the
purpose of repaying any sum borrowed, under the'first
section of this act. \
Sec. 3. Be it further enacted, That similar powers stmHarpowerato
and authority granted to;*and vested in tlie court of^™kr®r^ty>cf
county cofhmissiemeirs of Sumter couuty, are hereby
granted to and vested in the court of county commis¬
sioners of Walker couuty.
approved November 28, 1862..
No. 17D,] AN ACT
k *
>*
For the relief of certain officers in Sumter county.,
Sfc. 1. Be it enacted by the Senate and House of Bep-
reseulatives of t^e State of Alabama in General Assembly C]augeof c^e•
Convened, That the 27th, elapse of section 3047, of the »meBdeiiT
Coile of this State, be and the same is heryb}* amended
so as to read two hundred dollars, instead of one hun¬
dred and fifty dollars: Provided however, That this Proviso.*
amendment of said section, shall only apply to the
county of Sumter. 1
Sec. 2. Be it farther enacted, That the sheriffof Sum- shmfrt««pp<uBt
ter county be, and he is hereby authorized to appoint*b"ua
* a bailiff' to attend ou the chancery court of said county,
18G2.
180
and that such bailiff shall be allowed two dolhiis per
clay while in attendance on said court, to be paid out
of the treasury ol said county, on the certificate of the
register of said court.
Duty of commis- Sec. 3. Be it further enacted, That it shall be the duty
sioner'scourt, 0jp £pe eourt 0f county commissioners of Sumter county
to appropriate out of the treasury of Sumter county,
seeh sum-or sums as shall be necessary to pay for lire
wood necessary for and actually furnished to the offices
of the probate judge, circuit clerk, register and sheriff
ol said county.
Provisions ex- Sec. 4. Bt it further enacted. That the provisions of
berscoTOty.kam" shall apply to the county of Chambers also.
Approved November 8,18G2.
No, 180.] AN ACT
For the relief of Orion L. Phillips, of the ccnntj cf
Chambers.
Section 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State cf Ahibaxi>a in General Asstmbhj
convened, That Orion L. Phillips, a minor of the county
of Chambers, be and he is hereby authorized to man-
Although a mi a^G an(l transact all business connected with his estate,
nor, authorised and that all contracts, which he shall make after the
lusS.Xc,h,s passage of this act, shall he as legal and of as full ef¬
fect as though he were twenty-one years of age, and
he is hereby fully authorized to settle with and receive
his property from his guardian, and also with the guar¬
dian of Tiis wile, and receive the property coming to
his wife, as fully as though he were of age.a
Approved November 7, 18G2.
No, 181.] AN ACT
For the relief and benefit of John F. Pagles, of Mobile.
Se.c. 1. Bt it exacted by the Senate and House of Btpre-
sentatives of the State of Alabama in General Assembly
convened, That John F. Pagles, of Mobile, a minor, be
181
1862.
and lie is hereby, authorized to manage,, control, rent'
and hire his property, consisting of real and personal
estate, in the city of Mobile; to make contracts and
settlements; to sue and be sued, as fully in every re-*
spect as he could do were he of age.
Approved November 7,1862.
No. 182.] AN ACT
Nor the relief of J. P. Cautrell, of Marion county, and
for other purposes.
Sec. 1. Be it enacted by the Senate and House of Repre-
'senfatives of the State of Alabama in General Assembly
convened, That J. C. Metcalf, administrator of the es-
tate of IV". 0. M. Allman, deceased, formerly sheriff oft«u.
Marion county, be and he is hereby authorized to pay
the sum of three hundred eighty-seven and 80-100 dol¬
lars to J.' P. Cantrell, administrator ou the estate of
E. B. Cody, deceased.
Sue. 2. Be il further enacted, That the judge of pro- judge shaii re¬
bate of Marion county shall receive said Cantrell's re-ceantereir.ceipt( °f
ceipt as a proper voucher, on settlement of said estate
from J. JB. Metcalf, administrator ,011 the estate of W.
C. M. Allman, deceased, upon proof duly made that
the judgment provided for in the preceding section, has
been actually made as therein prescribed.
Approved November 21,1862.
No. 183.] AN ACT
For the relief of Thos. Williams, administrator on the
estate of Alvin Burrows.
Sec. 1. Be it enacted by the Senate and House of Rep¬
resentatives of the Slate of Alabama in General Assembly
Court nut-, That the comptroller be, and he is hereby au¬
thorized to draw his warrant upon the treasurer of the drawtaswaTaut
State of Alabama, in favor of Thomas Williams, ad-$o st.
iniuistrator of Alviu Burrows, for the sum of six thou¬
sand and ninety-two 37-100 dollars, and that when said
1862.
182
Williams produces the certificate of the treasurer that
he has paid into the treasury the sum of six thousand
and ninety-two 87-100 dollars, the amount due from
said Burrows to the State, for the lease of the peniten¬
tiary, then the comptroller of the State shall deliver to
said Williams, all the bonds executed by said Burrows
to the State, as lessee of the penitentiary,
Approved November 14,1862.
No. 184.] AN ACT
Nor the relief of Adele Louise DuBose, of Marengo
county, as Administratrix of Isaiah DuBose, late of
said county, deceased.
Sec. 1. Be it enadrtd by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly
convened, That Adele Louise DuBose, as administratrix
mat ghais au_ of Isaiah DuBose, late of Marengo county, deceased,
thorised to<io. be and she is hereby authorised and empowered to oc¬
cupy and cultivate the lands of the estate of her said
intestate with her own, and to work and use jointly with
her own slaves, horses, mules and oxen, and other prop¬
erty on said plantation, the slaves, horses, mules and
oxen, and other property of said estate, so long as said
estate shall be kept together, under the order of the
probate court Of said county,
what she is enti- Sec. 2. Be it farther enacted, That said Adele Louise
tied to receive. ruBose, shall be entitled to receive from said estate
such portion of the proceeds and profits, arising from
the joint cultivation'and use of said estate, as the said
judge of probate may consider equitable, and on any set¬
tlement by her, as administratrix as aforesaid, the said
court shall allow her a credit for the portions of profits
and proceeds allowed as aforesaid.
Approved November 17, 1862.
isa
1862.
;No. l^.]
AN ACT
For tlio relief of George Newman, Guardian of James
N. Trawick.
Sec. 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly
convened, That the comptroller of public accounts be,
and he is hereby authorised and required to draw his
warrant on the treasurer, to be paid out of any money
not otherwise appropriated, for the sum of twenty-nine
and 41-100 dollars, in favor of George Newman, guar-lor$2941»
dian of James N« Trawick, it being the amount erro¬
neous^ collected of the said George Newman, guardian
as aforesaid, by the tax collector of Henry county for
the year 1862, as shown by the assessment.
Approved December 1, 1862.
For the relief of Sarah O. Reese, Guardian of Alice
C. Reese.
Secl 1. Be it enacted by the Senate and Houss of Rep-<
esen'allocs of the Stale of Alabama in General Assembly
conveyed, That tjib court of probate of the county of
Towndes be, and the same is hereby empowered, upon
the application of Sarah C. Reese of said county, guar- ma the guar-
diauot Alice C. Reese, upon a satisfactory showing to thahsTd
the said court that it will conduce to the interest of the
said ward, to grant ah order authorising that said guar¬
dian, oh the lauds owned by herself and ward jointly
and equally, to employ an equal number of hands with
the hands of her ward, and for such time as if will be
to the interest of said ward, and that in her annual ac¬
counts, as guardian, with the said court, she shall charge
herself with one half of all the profits accruing from-
such landR so worked joiutly, and credit herself with
one halt the expenses of the same: Provided, before ob- Proviso m to
taining such order, she shall file with the judge of pro-Huer4 * see°"
hate the assent, in writing, of the securities on her
No, 186.]
AN ACT
1862. * 18*
guardian bond, and that-such order shall in no way im¬
pair their obligations thereon.
Approved December 5, 1862.
No- 187.] AN ACT
Dor the relief of Mary and Nancy Jarvis, of Coosa
county.
Sec. 1. Be it enacted by the Senate and House of Repre¬
sentatives of the State of Alabama in General Assembly
convened, That the court of county commissioners of
the county of Coosa be, and they are hereby anthor-
thoTupd'tortcnnAse(^ co"tract with Henry E. 1'atridge, for the keep-
tract for their ing and maintainance of Mary Jarvis and Nancy darvis,
maint&inahce. 0 - . j , r V, '
paupers of said county, at a price not exceeding the cost
of keeping and maintaining said paupers in the poor
house of said county, and to be paid out of the poor
fund of said county, as in case of other paupers, any
law to the contrary notwithstanding.
Approved November 28, 1862,
bfo. 188.] AN ACT
For the relief of George W. Franklin and John Tyler
Franklin, of Coosa-county.
Sec. 1. Be it enacted by the Senate and House of Repre¬
sentatives of the Stifte of Alabama in Gem,rat As.s mbly
convened, That George W. Frauklin and John Tyler
Declared citizens Franklin, of the county of Coosa, be and are hereby
declared citizens of the State of Alabama, and are
hereby invested with all the rights and privileges, im¬
munities and franchises, both political and civil, of citi¬
zens of the State of Alabama.
Approved December 4, 1862.
185
1862.
No. 180.] AN ACT
For. the relief of Archibald B. Bell, of Calhoun, county.
Sec. 1. Be it enacted by the Senate and Bouse of Rep- .
resentafive of the State of Alabama in General Assembly p ^ ^ be .g
convened, That the commissioner of public lands be, snX
and lie is hereby authorised, to issue a patent to Archi¬
bald B. Bell, of Calhoun county, State of Alabama, for
the west half of the southeast quarter of section num¬
ber twenty-two, in township seventeen of range seven,
containing eighty and 33-100 acres.
Approved November IT, 1862.
No. }90.] AN ACT
For the relief of Archibald G-. Campbell.
Sec. 1. Be it enacted by the Setiate and Souse of Rep¬
resentatives of the State of Alabama in General Assembly
convened, That Archibald A. Campbell be, and he is
hereby authorised to purchase from the State of Ala- thefand.pt1011 °f
batna, the northwest quarter of. section thirty, (30,)
township eighteen, (18,) range nineteen, (19,) in the dis¬
trict of land formerly subject to sale at Cahaba in said
state, at the price of one dollar and twenty-live cents
per acre, and that upon his paying into the proper.land
office of said state the said purchase money, the com¬
missioner of public lands of said state be, and he is
hereby authorised and required to issue to said Archi¬
bald (I. Campbell a patent for said tract of laud.
Approved November 18, 1862.
No. 191.] AN ACT
For the relief of Louisa Ann and William W. Davis.
Whereas, on the 10th day of June, 1857, a bounty pr8ambie.
land warrant for 160 acres was issued by the govern¬
ment of the United States to Louisa Ann Davis, John
1862,
186
T. Davis and William W. Davis, minor heirs of Dyer
Davis; And whereas the said John T. Davis departed
this life while a minor, leaving as his only.legal heirs
the said Louisa Ann and William W. Davis ; And
whereas the said William W. Davis is now and was on
the 11th day of January, 1861, a citizen of the State
of Georgia, therefore
Sec. 1. Be it enacted by the Senate and House of Repre¬
sentatives of the State of Alabama in Qt neral Assembly
convened, That the said Louisa Ann Davis and William
Power to locate W. Davis, be and they are hereby authorized to locate
land warrant. gaj^ boun|y land warrant (No. 67104) upon any of the
public or unappropriated lands of this State subject to
entry : Provided, That said laud warrant shall be val-
Proviso. ue(j |tg ]ocation a£ ^he minimum price the land upon
which it is proposed to be located, is subject to entry
and sale at the time the same is ottered for location.
Approved, December 8, 1862.
No. 192.] AN ACT
For the relief of James Deaden, of the county of Tal¬
ladega.
Sec. 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly
convened, That it shall be the duty of the register and
Description 0f receiver at Centre, Alabama, to perfect the location of
the land. north half of the southeast quarter and south half of
the northeast quarter of section 85, township 16, range
five, made vrith a military land warrant by Zachariah
D. Sims, and report the same to the commissioner of
the general land office, referring to this act, as author¬
ity for the same.
Sec. 2. Be it further enacted, Tloat upon the said re-
comndssioner to turn being made to the commissioner, he shall cause a
isaie patent, patent to issue for said tract to the said Zachariah B.
Sims.
Approved November 8, 1862.
187
1862.
No. 193.]
AN ACT
Fur the relief of Mahulda Robbs.
Whereas, Mahulda Robbs was permitted on the 27th
day of May, 1859, at the land office at Centre, to enter
the northeast quarter Of section 19, and the northwest reamWe-
quarter of section 20, in township 19, of range 6, east,
in the Coosa land district; And whereas said entries
were suspended by the proper department of the gov¬
ernment of the United States, in consequence of the
■donation of the quarter section first described above,
to the Alabama and Tennessee River^ Railroad Com¬
pany, which fact was not known at the district land of¬
fice at the time the entries Were made, therefore
Sec. 1. Be it enacted by the Senate and House of Bep*
resentatives of the State of Alabama in General Assembly Degor, n
convened, That the entry of the northwest quarter ofian<T°np °
said section 20, in township 19, of range 6, east, be and
the same- is hereby confirmed, and that the commis¬
sioner of public lands be instructed to issue a patent
for the same to the said Mahnlda Robbs.
Approved December 9, 1862.
For the1 relief of the Assessor and the Collector of
Taxes for Madison and other counties.
Sec. 1. Beit enacted by the Senate and House of Repre¬
sentatives of the State of Alabama in General Assembly
convened, That the tax assessor for Madison county be Monday of"«u£
allowed until tbe first Monday in January, 1863, for ary>186&
making and returning an assessment of the taxes of
said county for tbe year 1862.
18 tic. 2. Be it further enacted) That the-examination correction of as-
find correction of such assessment must be made in the mad&on the Id
manner now prescribed by law, on tbe second Monday ^y"i^fJana"
in January, 1863, or as soon thereafter as may be prac¬
ticable : Provided, that before any tax assessor or tax Proviso,
collector shall be entitled to the benefit of the provii
siours of this act, the written assent of the sureties on
his official bond, shall be acknowledged before* the"
No. 194.]
AN ACT
18G2.
188
judge of probate of bis county, and filed with the comp¬
troller of public accounts.
Tax collector al- Sec. 3. Be it further enacted, That the tax collector
^ditbnai?0111113 sa^ county be allowed five months in addition to
the time noy allowed by law, for collecting and paying
over the taxes assessed therein for the year 1862.
Provisions ex- Sec. 4. Be it further enacted, That the provisions
tended, Gf ac^ pe extended to the tax assessors and collec¬
tors of the counties of Limestone, Franklin, Marshall,
Jackson and Morgan.
Approved "November 19,1862.
No. 195.] AN ACT
For the relief of the securities of John C. Burgess, late
Tax Collector of Coosa county, for the years 1845
and 1846.
Sec. 1. Be it enacted by the Senate and Bouse of Bep-
tesentatives of the State of AlabaMa in General Assembly
convened, That the comptroller be and he is hereby au-
ted?ages rei?ut" thorized and required to remit the damages on a judg¬
ment against John C. Burgess, tax collector of Coosa
county, for the years 1845 and 1846, upon his paying
principal, interest and cost, within sixty days after the
passage of this act.
Approved December 4, 1862.
No. 196.] AN ACT
For the refief of Harrison J. Clark, Jr., Tax Collector
of Cherokee county.
Sec. '1. Be it enacted by the Senate and Bouse of Bep-
resentatites of the State of Alabama in General A^snnbly
fomakmeli#ttd convened, That Harrison J. Clark, Jr., tax collector of
tlement. g Cheiokee county, be and he is hereby allowed until the
first day of May, 1863, to make his settlement as such
consent of secu-tax collector : Provided, that before this act shall take
ritie810ba filed. eifect the sureties on the official bond of the said tax
189
1862.
collect or sliall file in tlie office ot the comptroller of
\ uhlic accouuts their written assent to its provisions.
Approved December 1,1862.
No, 197.] AN ACT
Tor the relief of John P. Gates, late Tax Collector for
Pickens county.
Pro. 1. Be It enacted by<he Senate and House of'Bepre-
centatines of the S ate of Alabama in General Assembly
convened, That the sum of eleven hundred and seventy-
six .08-100 dollars be, and the same is hereby appropri- $ffT6°Es!atl.Qn01
ated to John P. Gates, late tax collector for the county
of Pickens, it being the amount of damages recovered
on a judgment against said Gates for the taxes of 1860,
and by him paid into the state treasury; and that the
comptroller of public accounts issue his warrant on the
state treasurer therefor, to be paid out of any. money in
the treasury not dtherwise appropriated.
Approved December 2, 1862.
No. 198, AN ACT
Tor the relief of "William P. Green, Tax Collector for
Conecuh county.
Sec. 1. Be it enacted by the Senate and House of Be pre-
irnfafives of the State of Alabama in General Assembly
convened, That William P. Green, tax collector of Cone-Time extended
cuh county, be and he is hereby allowed until the first
day of May, 1863, to pay into the state treasury any
portion of the taxes assessed against persons in the
military service of the Confederate States, or of this
state, which he may not be able to collect prior to that
time: Provided, the said William P. Green, beforeProvUo
claiming the benefit of this act, shall file with the comp¬
troller of public accounts the written assent of his se¬
curities to the extension herein allowed.
Approved December 6, 1862.
1882.
190
No. 199.] AN ACT
For the relief of A. A. Grider, and'others, Tax Collect-'
ors in their respective counties.
Sec. 1. Be it enacted by the Senate and House of Hep-
resenlatives of the State of Alabama in General Assembly
?etuetoentflexi convened, That A. A. Grider, tax collector of Jackson
tended. county, shall have until the first clay of March, 1868, to
miike final settlement of hia accounts as such tax col¬
lector, with the comptroller of public accounts: Provi-
proviso. ye({^ he shall first obtain" the written consent of the
securities on his official bond, for such extension, and
.file the-same in the office of the comptroller of public
accounts, before this act shall take effect.
« Sec. 2. Be it further enacted, That the provisions of
Provisions ex- J ? TtT.,|I
tended to ethers, this act are hereby extended to William R. Day, tax
collector of Madison county; Thomas Hines, tax
collector of Limestone county; Thomas M. Phillips,
tax collector of Lauderdale county; F. M. Calloway,
tax collector of Mprgan county; John Clavk, tax col¬
lector of Marshall county ;• William Hulsy, tax collector
of Walker county"; L. Allman, tax collector of Law-
ProtiBtn renee county 5. Provided, tlyit the said several tax col¬
lectors above named, in their respective counties, shall
obtain the written consent of their securities on their
official bonds, for such extension, and file the same in-
the office of the comptroller of public accounts before
this act shall take effect.
Approved November 8, 1862.
No. 20Q.] AN ACT
For the relief of Samuel B. Ilarmon, Tax Collector of
Macon county.
Whereas, at the November term, 1881, of the circuit
court of Montgomery county, William J. Greene, comp¬
troller of public accounts of the State of Alabama, re¬
covered a judgment against Samuel B. Harmon, tax
collector of Macon county, for the sum of five thousand
otic hundred and thirty dollars and eiglit cents, princi¬
pal; also-the further sum of twelve hundred and eighty-
101 1862.
two dollars abd fifty-two cents damages, and the further
sum of ' interest; and whereas, the
said 8amuel B. Harmon has paid into the treasury of
the state the full amount of principal, and a part pf the
interest on said judgment,
-Section 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly
convened, That upon the payment, by the said Samuel *emU'
B. Harmon, of the interest remaining due on said judg¬
ment, that William J.. Greene, comptroller of public
accounts,.be and he is hereby authorised to enter'a
remittitur upon said judgment for the damages thereon,-
and that the said Samuel B. Harmon, and the securities
on his official bond, be and they are hereby released"
from tbe payment of the amount of damages in said
judgment specified. <
Approved Hevember 21,1862. -
Mo. 201.] AST ACT
Eor the relief of Mosea Hornaby, Tax Collector of T;il-
lapoosa county.
Sec. 1. Be it enacted by the Senate and House of Rep-
resentati'ves of the State of Alabama in General Assembly Appropriation of
Converted, That the siim of forty-one 18H00 dollars be, ^
and the same is hereby appropriated to Closes Horn shy,
tax collector Of Tallapoos^ county, being an amount of
error in the abstract of the tax assessment returned to
the office of the comptroller of public accounts, and
omittpd to be embraced in the list of errors allowed by
tbe com mission hr's court for the taxes of said, county
fur tbe year 1861, and by said fax collector paid in tbe
state treasury upon tbe settlement of tbe taxes for that
year; and that the comptroller is^sue his warrant there¬
for, to be paid out of any moneys in the treasury not
otherwise appropriated: Provided, said tax collectorproV,'Ml
Shall first file in the comptroller's office the certificate
of the probate judge, that said amount was not embraced
in the former list of errors* &t\
Approved December 6, 1862,
1862.
192
No. 202.] AN ACT
For the relief of Burrell Johnston, Tax Collector of
Perry county.
Sec. 1. Be it enacted by the Senate and House of Repre-
sentatires of the State of Alabama in General Assembly
convened, That the comptroller of public accounts be,
and he is hereby required to make settlement with Bur-
&List of errorsrell Johnston, tax collector of Perry county, and to al-
l°w t^e sa^ Burrell Johnston, tax collector in the coun¬
ty of Perry, the sum of seven hundred and sixty-live
dollars and four cents, being the amount ot errors and
' insolvencies allowed by the commissioners' court of said
county for the year 1861.
Approved December 2, 1862.
No. 203.] AN ACT
For the relief of James Meharg, late Tax Collector of
. Calhoun county, and his securities.
Whereas, W. J. Greene, comptroller of the State of
pieam e. Alabama, on the 30th day of November, 1861, obtained
two-judgments, one for eleven nundredand ten dollars
and seventy-three cents, and the other for thirteen thou¬
sand six hundred and sixty-three dollars and. seventy-
nine cents, in the circuit court of Montgomery county,
against Meharg, late tax collector of Calhoun couuty,
and his securities J. P. Bagley, Noah Goode,-Elisha
McClelland, E. C. Dickie, Daniel Crow and L. D. Var-
non ; and whereas it is likely that said securities will
have to pay said judgments, therefore
Section 1. Be it enacted by the Senate and Honse of Rep¬
resentatives of the State of Alabama in General Asstmbly
How far relieved convene(^ That the sjtfd James Meharg, and his secu¬
rities, be and they are hereby relieved so'far as to ex¬
tend the collection of said judgments for twelve months
from the passage of this act, upon the following condi¬
tions hereinafter mentioned,
conditions pre- Sec. 2; Be it further enacted, That before the said
cedent. James Meharg and his securities shall have an exteu-
ison of the payments of said judgments, they shall en-
1&3
1862.
ter into bond with at least two good securities, to be
taken and approved by the sheriff of'Calhoun county
in double the amount of said judgments, conditioned
faithfully aud punctually to pay and fully satisfy said
judgments, and all costs, interest, damages, and all
other expenses of every kind connected with said judg¬
ments in twelve months after the passage of this act;
and in the event said judgment, interest, costs, dama¬
ges, and expenses are not paid in twelve months after
the passage Of this act, the sheriff of Calhoun county
shall return said bond so taken as aforesaid, forfeited
to the clerk of the circuit court of'Montgomery county,
and said bond so returned forfeited as aforesaid, shall
have the force and effect of a judgment against the said
James Meharg and his securities, and said clerk shall
issue an execution on said bonds so returned forfeited,
against all the parties to it for the full amount of both
judgments, costs, interest, damages, and all expenses
of every kind connected therewith, an^ shall endorse
upon the execution "no further bond to be taken."
Approved December 1, 1862.
No. 204.] AN ACT
For the relief of Robert S. Rabb, of Conecuh county.
Sec. 1. Be it enacted by the Senate and House of Bepre
sentatices of the State of Alabama in General Assembly
convened, That the comptroller of public accounts be tobe^epauL**
and he is hereby authorized to draw his warrant on the
state treasurer for the sum of one hundred and twenfy-
five dollars, in favor of Robert S. Rabb, of- Conecuh
county, said sum being excess of taxes paid byeaid Rob¬
ert S. Rabb into the state treasury, in the year eighteen
hundred and sixty-two in consequence of over assess¬
ment.
Approved November 29, 1862.
13
18G2.
194
No. 205.] AN ACT
For the relief of "William Walthall, tax collector of
Wilcox county.
Sec. 1. Be it enacted'by the Senate and House of Bepre-
scntatives of the State of Alabama in General Assembly
Damages remit- conveney^ That the comptroller of public accounts be
and he is hereby authorized to remit and enter satisfac¬
tion of the sum of four hundred and thirty-seven dol¬
lars and sixty cents, being the amount of damages on
a judgment rendered against William Yvralthall, tax
collector of Wilcox county, in favor of the said comp¬
troller, for the use of the State, in the circuit court of
Montgomery county, at the fall term thereof, 18G1, for
the taxes due from said county of Wilcox, for the year
1861, the said William Walthall and his sureties being
hereby relieved and released from the payment of said
damages.
Approved November 14, 1862.
No. 20G.] AN ACT
For the relief William R. Mason, Register in Chancery
for 13th District Middle Chancery Division.
Sec. 1. Be it enacted by the Senate and House of Bep~
reseniatives of the State of Alabama in General Assembly
convened, lhat the commissioner and trustee of the
State Bank and branches, be and he is hereby author-
^ommUsiotufrs *zec* an<^ re(luired to pay out of the assets of said bank
and trustee to to Wm. R. Mason, register in chancery for the 13th
pay him $» 6.1 . chancery division, the sum of three hun¬
dred and seventy-six dollars and fifteen cents, ($375.15)
it being the amount of costs due by the branch bank
at Montgomery, under a decree of the chancery court
in the case of Narcissa A. Harris, et ah. vs. Branch
Bank at Montgomery, et als. in the chancery court of
Macon county.
Approved November 28,1862.
195
1862.
No. 207.] AN ACT
To authorize the Governor to fix the compensation of
8. S. Houston and others, for services rendered the
{State.
Sec. 1. Be it enacted by the Senate and House of Repre¬
sentatives of the State of Alabama in General Assembly
converted, That the governor of this State be and he is
hereby authorized to settle and adjust the claims of S. Governor to
8. Houston, I). P. Forney, Urban L. Jones and James make Eett eTncn
R. Powell, commissioners to select and locate certain
swamp and overflowed lands donated to the State of
Alabama by the Congress of the United States of
America by the acts approved on 28th September, 1850,
and ttd March, 1857; and that in adjusting the claims
of said parties, the actual, labor performed by them, and
the expense to which they were subjected in their ef¬
forts to carry out the provisions of their said agree¬
ment, shall form the* basis of adjustment and settle¬
ment! Provided, however, that no settlement made urt-proviBOi
det the provisions of this act, or under the provisions
of an ordinance entitled an ordinance to authorize and
direct the governor to rescind the contract therein re¬
ferred to, approved March 20, 1861, shall be binding
upon the State until ratified by the legislature.
Approved November 8, 1862.
iNo. 208.] AN ACT
For the relief of Drs. James C. Harris, Thos. W. Ma¬
son and M. G. Moore.
Sec. 1. Be it enacted by the Senate and House of Pepre-
fwntatins of the State of Alabama in General Assembly Con,ptrolier t0
cnmviaW, That the comptroller of public accounts be ^rra2r1hj)8Warrttnt
and he is hereby required to duaw his warrant on the or
treasurer in favor of Drs. Jas. C. Harris, Thos. W, Ma¬
son and M. G. Moore for the sum of one hundred dol¬
lars due them for the examination of insane prisoners
in tl e penitentiary.
Approved November 25, 1862,
1862.
196
No. 209.] AN ACT
To compensate Dr. Merriwether G. Moore for services
as Warden of the Penitentiary for the present year.
Sec. 1. Be it enacted by the Senate and Bouse of Rep¬
resentatives of the State of Alabama in General Assembly
momh!nce per convened, That Dr. Merriwether G. Moore, for his ser¬
vices as warden of the State penitentiary, under the
appointment of the governor, since the death of the
lessee to the present time, shall have and receive the
sum of three hundred thirty-three 83-100 dollars per
month for such services.
Sec. 2. Be it further enacted, That the comptroller
he, aud he is hereby required and directed, to draw his
drwtTh»eva£ warrant on the State treasurer, for the said amount of
rant. three hundred thirty-three 33-100 dollars per month, in
favor of the said Dr. M. G. Moore, to be paid out of
any money in the treasury not otherwise appropriated.
Approved December 5, 1862.
No. 210.] AN ACT
For the relief of II. P. Watson, Adjutant and Inspec¬
tor General Alabama Militia.
Section. 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly
comptroller to convened, That the comptroller of public accounts be,
dra*hi® Y*T' and he is hereby authorised and required, to draw his
rant for $56S. J tt -rrr
warrant on the state treasurer, in favor ot H. P. Wat¬
son, Adjutant and Inspector General of Alabama Mili¬
tia, for live hundred and sixty-eight dollars, for services
rendered the State in the year 1862.
Approved December 9, 1862.
No. 211.] AN ACT
For the relief of W. B. and A. B. Bell & Co.
Sec. 1. Be it enacted by the Senate and Bouse of Rep-
197 18G2.
resentatives of the State of Alabama in General Assembly Four hundred
convened, That the comptroller of public accounts be, dofiarsand^ev-
aud he is hereby authorized and required, to draw his Ip^riated?18
warrant on the state treasurer, for the sum of four hun¬
dred and thirty-six dollars and seventy-five cents, in
favor of W. B. and A. R. Bell & Co., of Montgomery,
for articles purchased of them for the use of (he capitol.
Approved December 9, 18G2.
No. 212.] AN ACT
For the relief of B. B. Davis.
Sec. 1. Be it enacted by tne Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly
convened, That the comptroller of public accounts be |[7p^priatioa of
and he is hereby authorized and required to draw his
warrant on the State Treasurer in favor of Benjamin
B. Davis for the sum of seventen dollars and twenty-
five cents for stationery furnished the house of repre¬
sentatives.
Approved November 3, 1862.
No. 213,] AN ACT
For the relief of M. M. Nail.
Sec. 1. Be it enacted by the Senate and House of Repre¬
sentatives of the State of Alabama in General Assembly
convened, That the comptroller of public accounts be Appropriation or
and he is hereby authorized and required to draw his *G-50-
warrunt on the treasurer of the State in favor of M.
M. Nail, for the sum of six dollars and fifty cents, to
be paid out of any moneys in the treasury not other¬
wise appropriated.
Approved November 10, 1862.
1862.
198
Ho. 211.] A1ST ACT
For the relief of White, Pfister & Co.
Sec. 1. Be it enacted by the Senate and House of Bep-
. . fesentatives of the State of Alabama in General Assembly
$m35.riatl°n convened, That the comptroller of public accounts be
and he is hereby authorized and required to draw his
warrant on the treasurer in favor of White, Pfistei* &
Co., for the sum of one hundred and eighty-six dollars
and thirty-five cents, for stationery furnished the State.
Approved December 5, 1862.
AH ACT*
To authorize the Commissioners' Court of the county
of Choctaw to make certain appropriations.
Sec. 1. Be it enacted by the Senate and House of Bepre-
sentatives of the State of Alabama in General Assembly
convened, That the commissioners' court of the county
vay appropriate of Choctaw may, and is hereby empowered to appro-
fbrmeyand° equip priate all the funds, now in the treasury of said county,
volunteers, &c. have accrued from fines and forfeitures, or as
much thereof as they may deem necessary, except two
thousand dollars for the purpose of aiding in uniform¬
ing and equipping the volunteers which been, or may
hereafter be enlisted, for service in the Confederate
army, in said county, and also for furnishing food to the
families of such volunteers, as may be in indigent cir¬
cumstances.
payment county Sec. 2. Be it further enacted, That the said commis-
dei>t. ' sioners' court may appropriate the half of the aforesaid
two thousand doliars, to the payment of the now ex¬
isting debt of said county of Choctaw, if they in their
discretion deem it proper to do so.
Sec. 8. Be it further enacted, That said commission-
count kand Ale ers' court shall keep a regular account of the amounts
vouchers. so paxd out, and file all the vouchers for the several
amounts in their court.
Sec. 4. Be it further enacted, That the treasurer of
treasurer °under said county of Choctaw, is hereby authorized and re-
thisact. quired to pay over such amounts out of the said funds
199 1862.
as tlie commissioners' court may order, tliey receipting
to liitn for tlie same.
Api>roved December 3, J8G1.
[* This act was accidentally omitted in the pamphlet copies of the Acts
of the ye ir 1861.—SistxETAjir esr State.]
JOINT RESOLUTIONS.
JOINT RESOLUTIONS
Upon liail Koad Transportation in the several States of the Con¬
federacy.
Whereas the rail roads in the several States of our Confederacy
were incorporated and built with reference to a system of free and
rapid intercourse between them, designed to facilitate the busi¬
ness, as well as personal intercourse of their citizens : And whereas
the blockade of the coasts of the several States, and the obstruc¬
tion of the free navigation of many of our rivers by the enemy,
has greatly crippled intercourse between the people of our States
by the rivers, and have thus rendered the rail road system of more
absolute necessity to our people: And whereas portions of the
country have been blessed with a superabundance of provisions,
and other necessities of life, while in others there is much scarcity,
and an equalization of these bread necessities can only be made
by means of our system of rail road transportation,
Be it therefore resolved by the Senate and House of Representatives
of the State of Alabama in General Assembly convened, That while
the government of the Confedenate States is justified in using said
rail roads, to the exclusion of all private transportation, when an
immediate military necessity demands such use and exclusion, yet
in the opinion of this general assembly, such exclusive military
e®ntrol ofour said roads,Jshould cease with the termination of such
necessity, and that with such exception, the rail roads shoud be
kept open to the business transportation of the people of the
several States.
Be.it further resolved, That the Governor be requested to corre-
201
pond with the Secretary of War, of the Confederate States, upon
this subject, agd that a copy of these resolutions be forwarded by
him to the governors of the several States of the Confederacy.
Approved December 9, 1862.
JOINT RESOLUTIONS
In relation to the liability of Militia, officers of this State! to em*
rollment under the Conscription Acts of the Confederate States.
Be it enacted resolved by the /Senate and Souse of Representatives of
the State of Alabama in General Assembly convened, That in the
opinion of this general assembly} militia officers of this State,
between the ages of eighteen and forty-five years, are now subject
to enrollment under the conscription acts of the Confederate
States, unless exempt on some other ground than that they are
"militia officers.
2. Be it resolved further, That if there be any law of this State
which has heen^ or may be construed to exempt such officers from
the operation of said conscription acts, the same is hereby declared
to be inoperative to that extent.
3. Be it resolved further, That his Excellency the Governor be,
and he is hereby requested to transmit a copy of these resolutions
tO the Secretary of War of the Confederate States.
Approved November 25, 1862.
JOINT RESOLUTIONS
In relation to the Defense of Mobile.
Whereas the abolition government at Washington, has been for
the year last past, and is now straining every nerve, to consolidate
its naval resources for the destruction of the sea-port towns of the
cotton States, the conseqpent invasion of the homes and firesides
of the interior, and the savage massacre of our helpless women
and children : And whereas we, the representatives of the people
of Alabama, inspired by the noble daring and the gallant and suc¬
cessful defense of the city of Vicksburg, by her indomitable citizen
soldiery, would fain hope that the city of Mobile, our only seaport,
and the gem of the gulf, shall never be desecrated by the> polluting
tread of our abolition foes,
202
Be it therefore resolved by the Senate arid House of Representatives of
the State of Alabama in General Assembly convened, That in the sol¬
emn judgment of this general assembly, the city of Mobile should
never be surrendered; that it should be dofended from street to
street, from house to house, and inch by inch, until, if taken, the
victor's spoils should be alone a heap of ashes.
Resolved, That the joint committee of Finance, the Senate con¬
curring, be instructed forthwith to report a bill appropriating such
sum of money as may be sufficient to defray the expenses for the
removal and maintenance of the helpless women and children of
the city of Mobile, to a place of safety.
Resolved, That a copy of these resolutions be forwarded by the
Governor to the military and naval commanders, for the defense
•of the city of Mobile, with the assurance that fhe "people of Ala¬
bama will accept any calamity, rather than suffer her soil to be
again polluted by "the tread of the abolition invaders.
Approved November 17, 1862.
JOINT RESOLUTION
Requesting the Governor to give information in relation to debts
-due the State Bank and Branches.
Be it resolved by the Senate and House of Representatives of the
State of Alabama in General Assembly convened, That the Governor
be, and he is hereby authorized and requested to lay before the
next general assembly, during the first week of the same, a list of
all the assets of every kind, including mortgages and deeds of
trust, on real estate, yet due and held by the State Bank and its
Branches, and further to state in said list the cotfnty in which said
debts exist, and the location of the lands, &c.
Approved November 21, 1862.
JOINT RESOLUTIONS
In relation to the war debt of the Confederate States.
Whereas, the government of the Confederate States is involved
in a war for the independence of each of the States of the Con¬
federacy, as well as for its own existence ; and whereas the des¬
tiny of each State of the Confederacy is indissolubly connected
203
with that of the Confederate government; and whereas the Con¬
federate government cannot successfully prosecute the war to a
speedy and honorable peace without ample means and credit, be it
therefore
Reeolred by the Senate and House of Representatives of the State of
Alabamain General Assembly convened„ That in the opinion of this
generally assembly it is the duty pf each^tate of the Confederacy,
for the purpose of sustaining the credit of the Confederate gov¬
ernment, to guarantee the debt of that government, in proportion
to its representation in the congress of that government.
Resolved further, That the State of Alabama hereby proposes
to her sister States of the Confederacy to guarautee said debt on
said basis: Rrovided, that each of said States shall accept the prop¬
osition and adopt suitable legislation to carry it into effect, in
which event these resolutions shall stand as the guaranty of this
State for tfie aforesaid proportion of the debt of said Confederate
government.
Resolved further, That his excellency, the governor, be and he
is hereby requested to transmit a copy of these resolutions to the
governor of each State pf the Confederacy, and to the President
of the Confederate States.
Approved December 1, 1862.
JOINT RESOLUTIONS
Approving the payment of the Confederate War Tax by the Gov¬
ernor.
Be it resolved by the Senate and House of Representatives of the State
of Alabama in General Assembly convened, That the payment by
the governor into the treasury of the Confederate States of .the
sum of two million of dollars, as the quota to be assessed upon
certain property of the citizens of this State in the year 1861, and
payable in 1862, subject to future adjustment, and the borrowing
the amount of money necessary to pay the sum upon the 8 per
cent, treasury bonds of this State, be and the same is hereby ap¬
proved and confirmed, as though the same had been done when
and after the amount of said tax had been ascertained in the mode
prescribed by Congress, and the ten per cent, had previously been,
dedin ted therefrom.
Approved December 8, 1862.
204
JOINT RESOLUTION'S
Of thanks to the Ladies of Alabama.
Be it resolved by the Senate and House of Representatives of the
State of Alabama in General Assembly convened, That the general
assembly profoundly and gratefully impressed with the sense of
the patriotic spirit, the ardent devotion, and the unremitting la¬
bors and sacrifices of the mothers, wives, sisters and daughters of
the State, in providing for the comfort and wants of our gallant
citizen soldiers, and by their smiles and tokens of approval, ener¬
gising and perpetuating the "morale" of the host of our veteran
defenders in the war, do hereby tender to them their own and the
heartfelt thanks of the whole people of the State of Alabama.
Approved December 1, 1862.
JOINT RESOLUTIONS
In relation to the Alabama Volunteers.
Be it resolved by the Senate and House of Representatives of the
State of Alabama in General Assembly convened, 1st, that the thanks
of this general assembly and through them the people of the State
are hereby tendered to the Alabama soldiers, officers and privates
in the Confederate army, for the heroic courage and valor dis¬
played by them on every field of strife in which they have been
engaged.
2. That this general assembly begs most sincerely to mingle its
sympathy with the relatives and fri-ends of those who have fallen
in the service of their country, whether in battle or from disease,
and that the executive authority be requested to collect the names
of all such and have them transcribed in a suitable record book,
designating the corps to which they belonged, their rank in the
service, and cause of death, to be preserved among the archives of
the State as a token of respect to their memories.
3. That the wives of those who have been made widows, and
children orphans, by the fall of their husbands and fathers in de¬
fending their country against the invasion of a cruel and relent¬
less enemy, are pre-eminently entitled to the kindest consideration,
and it is the solemn duty of the State to 'make provision for the
support of all those who are in indigent circumstances.
4. That a copy of these resolutions be transmitted to the com¬
manding officer of the Alabama regiments and battalions, with
205
the lequest that they be communicated to their respective com¬
mands.
Approved November 5,18G2.
JOINT RESOLUTIONS
In relation to the payment of the first instalment of the fund ap¬
propriated for the support of indigent families, under the act
approved November the 12th, 1862, to certain counties therein
named.
Be it resolved by the Senate and House of Representatives of the
State of Alabama in General Assembly convened, That R. M. Patton,
R. W. "Walker, or either of them, be, and are hereby authorised to
receive from the state treasury the amount of the first instalment
which may be apportioned to the county of Lauderdale from the
appropriation of the two millions of dollars, made by an act enti¬
tled "an act to provide for the support of the families of indigent
soldiers in the array of the Confederate States from the State of
Alabama."
Be it farther resolved, That William M. Jackson be, and he is
hereby authorised to receive the amount of said first instalment
that "may be apportioned to the county of Franklin; that J. B*
Latham and J. B. Tally, or either of them, be and are hereby au¬
thorised to receive the amount of said first instalment that may be
apportioned to the county of Jackson ; that F. W. Sykes be and
he is hereby authorised to receive the amount of said first instal¬
ment that maybe apportioned to the county of Lawrence; that
Thomas J. McClellan and J, P. Coman,or either of them, be and
are hereby authorised to receive the amount of said first instal¬
ment that may be apportioned to the county of Limestone; that
F. L. Hammond, S. I). Cabaniss, and Canada Butler, or cither of
thern, be hereby authorised to receive the amount of said first in¬
stalment which may be apportioned to the county of Madison; that
J. O, Orr be, and he is hereby authorised to receive the amount of
said first instalment that may he apportioned to the county of
Morgan; that W. M. Griffin be, and he is hereby authorised to
receive the amount of said first instalment that may be apportioned
to the county of Marshall; which several instalments shall be
paid out of any money in the treasury not otherwise appropriated.
Be it farther resolved, That each and every party herein named
shall, upon payment of the amount by them received under the
provisions of these resolutions, to the judges of their respective
206
counties, take receipts from the said judges for the several sums
paid ; which receipts shall be taken ill duplicate, one copy of which
shall be at once sent to the comptroller of the state, (and the other
retained in case of miscarriage,) to be tiled as vouchers for the
payment of the instalments due the several counties.
Be it further resolved, That if in any case a new bond or increased
security is required of any probate judge, no payment shall be
made to such judge until such new bond or increased security is
given as required.
Approved November 14, 1862.
JOINT RESOLUTION
To authorise H. C. McCall to draw the per diem of N. L. Brooks,
a member of this House.
Be it resolved ly the Senate and House of Representatives of the
State of Alabama in General Assembly convened, ThatN. L. Brooks,
a member of the house of representatives of this state, who is ab¬
sent from his seat by iljness, be and he is hereby authorised to re¬
ceive compensation for the time he served; and that II. C. McCall,
of Lowndes county, be authorised to receive the compensation au¬
thorised by this resolution, and his receipt shall be a good voucher
for such payment.
Approved December 6, 1862.
JOINT RESOLUTIONS
Nov the relief of James A. M. Thompson, of Choctaw county.
"Whereas, James A. M. Thompson, of Choctaw county, a mem¬
ber of the house of representatives of this state, has been absent
from his seat since the twenty-first inst., with leave of this house,
on account of bad health,
Be it therefore resolved by the Senate and House of Representatives
of the State of Alabama in General Assembly convened, That James
A. M. Thompson, a member of the house of representatives of
this state, be and he is hereby authorised to receive his compensa¬
tion for the time that he was present.
Be it further resolved, That John T, Foster, of Choctaw county,
207
Be authorised to receive the compensation authorised bj these res¬
olutions to be paid to the member mentioned in the foregoing'
resolutions, and his receipt therefor shall be a voucher for such
payment.
Approved December 2, 1802.
OFFICE OF SECRETARY OF STATE, 1
Montgomery, Alabama, February 12, 1868. j
7 hereby certify that the foregoing Acts and Joint Resolutions
are correct copies, from the original rolls deposited in this office.
P, II. BRITTAN,
Secretary of State.
TaYBEE
of the rates of interest in the southern and confederate states
Compiled in pursuance of an act approved February 18, 1818.
Maryland 6 per cent. South Carolina C per cent.
North Carolina. 6 " " Kentucky G " "
Tennessee 6 " " Georgia 8 " "
Alabama ... ..8 " " Florida 8 " "
Virginia 6 " "
Arkansas—Legal interest, 6 per cent.; conventional interest 10
per cent.
Texas—Legal interest, 8 per cent.; conventional interest 12 per
cent.
Missouri—Legal interest, 6 per cent.; conventional interest 10
per cent.
Mississippi—Legal interest, 8 per cent.; on lent money, 10 per
cent.
Louisiana—Legal interest, 5 per cent.; bank interest, 6 per
cent.; conventional interest, 10 per cent.
OFFICE OF SECRETARY OF STATE, \
Montgomery, Alabama, February 12, 1863. J
Certified to be correct.
P. H. BRITTAN,
Secretary of State.
INDEX,
ADMINISTRATORS, EXECUTORS, kC.^
Act to authorize Executory Administrators, Guardians, and Trustees to
provide Salt for their trust estates ^ i. . 78
Act to amend an act, approved Nov.-9, 1801, to authorise Executors, Ad* ■
ministrators, Guardians; and Trusteed to make loans to the Confederate
States, &c.. l ... 79
Act to authorize Executors, Administrators, Guardians, and Trustees, to
-remove- slaves to a place of safety in case of invasion . ... 79
Act to authorize Executors and Administrators to administer oaths in eer-
tain cases, . s... 80
ALIEN ENEMIES— ...
Act to repeal in part "An act In relation to debts due alien enemies/' ap¬
proved Dec. 10,1861 09
APPROPRIATIONS—
■ Act to make appropriations for tho fiscal year ending on the 30th Septem¬
ber, i860 „ ,, 21
Act to pay the members and officers of the present General Assembly, . 24
ACt making appr priations for the military defense of Alabama *.. 24
Act to provide for the support of the indigent families of soldiers in the
army of the Confederate States, from Alabama..,.. 26
Act to amend an act to authorize the issuance of Treasury Note change
bills .... 85
Act to place at the disposal of the Governor an additional sum to carry
into efiect the act to authorize the issuance of Treasury Note change
bills..,. #•*.. 36
Act to provide for the public 'safety §7
Art for the defense of the Northern part of the State 42
Act to prohibit the distillation of grain in the State of Alabama, &c.... . < 43
Act to prevent the introduction and spread of small pox jn the State of1
Alabama! . 46
Act to provide Spinning, or Cotton and Wool cards. '. 49
Act to enable the people of Alabama to procure necessary supplies of salt
at reasonable prices, and for other purposes -56
Act ft r the benefit of the hospitals established in Richmond for sick and
wounded soldiers from Alabama, &c . „ - 62
Art to pay for the hire of servants for the General Assembly daring the
entra and present sessions. 85
Ant to prot ids for the discovery of lead in Alabama.-. 96
At 11< provide lor the defense of Mobilei 162
Aet to provide means for arresting the spread of Small Pox jn Tallapoosa
county M^4. 167
14
210
AUTAUGA COUNTY—
Act giving Probate court jurisdiction of the estate of Thomas C. Daniel.. 150
' Act authorizing the Commissioners' Court to levy a special tax for the
support of families of soldiers 150
Act changing the boundary line between Bibb and Autauga counties, so
far as to include the dwelling houses of S. H. and T. L. Faulkner in the
county of Autauga 151
BANKS—
Act to increase the corporate privileges of the Banks and Insurance Com¬
panies of the State of Alabama 103
Act to establish a Bank at Opelika, to be called the Exchange Bank of
Alabama 105
BARBOUR COUNTY—
Act legalizing the action of the court of County Commissioners in levying
a special tax 1 158
BIBB COUNTY—
Act changing the line between Bibb and Autauga counties, so far as to in¬
clude the dwelling houses of S. H. and T. L. Faulkner in the county of
Autauga: , ' 151
BRIDGES—
Act to establish a bridge across the Choctawhatcbie river, in Coffee county, 151
Act to amend the law in relation to public bridges in Sumter county... . 167
BOUNDARIES—
Act changing the line between Bibb and Autauga counties, so far as to in¬
clude the dwelling houses of S. H. and T. L. Faulkner in the county of
Autauga 151
• ( Act changing the line of the counties of Butler and Conecuh 151
Act changing the line of Jefferson and Shelby counties 150
Act changing the line between Montgomery and Pike counties 164
BUSINESS— *
Act to require all persons to do business in their own names 50
BUTLER COUNTY—
Act to change the boundary line of Butler and Conecuh counties 151
Act giviDg the Probate Judge jurisdiction of the estate of Benjamin W.
Campbell, late of Pike county...." 169
Act removing the estate of John B. Christian to Wilcox county 174
CARDS—
Act to provide Spinning, or Cotton and Wool cards 49
Act supplementary to same 49
CHANGE BILLS—
Act to prevent the circulation of change bills 60
Also—See Treasury Notes '.
CHAMBERS COUNTY—
Act for the,relief of certain officers. 179
CRIMINAL LAW—
Act to prevent extortion. 18
Act to provide for the support of the indigent families of soldiers (penalty
riu case of embezzlement on the part of probate judges) 20
A/ct to authorize the issue and sale of State Bonds (penalty for forging).. oQ
211
«Ci) IHMaI i 1W—Comrroro.
Act to amend an act to authorize the issuance of Treasury Note change
bills by the State of Alabama..'. - 84
Act to prevent the distillation of grain, ., , 48
Act to regulate the sale and exportation of corn. • • 44
A et to prevent the circulation of change bills. .. 50
Act to prevent salt manufactured by any of the lessees of the public salt
lands of this State from being sold to non-residents of this State. .... 61
Act to prevent false representations as to Government agencies 65
Act to provide for the taking of testimony opon interrogatories in certain
criminal cases *70
Act in relation t<? homicide committed by convicts in the penitentiary for
life...., .4..., 95
Act to amend section 1203 of the Code. ....... 101
Act to amend section 3150 of the Code. 103
*YOpE OF ALABAMA—
Act to amend chapter 1,- title 13, part the 1st (extending the power to es¬
tablish hospitals for persons infected .with Contagious diseases). '98
Act to suspend sections 40 and 41 (unfinished business of the General Asr
SemblyVas to the called session of 1862 1* ■*., $8
Section 88 amended (increases the prices for certain public printing) - 99
Section 165 amended 09
Section 396 amended 99
Section 664 amended. 100
Section 49,'t(comnensatiott of County Commissioners) amended as to Macon,
Barbour and Shelby counties. ...» 100
Section 1140 (relating to the ages of- persons exempted from working pub¬
lic roads) amended as to Covington* Coftee and Walker counties 100
Section 1203 amended (fixing penalty for contractor suffering bridge or
rauseway to remain out Of repair),. .4 .......... j,..........4 101
Fifth division of section 1551 repealed. - -, 102
Subdivision four of section 2318, relating to the procuring of testimony by
deposition, amended. 102
Sei'ti'm 3143 amended (provisions extended) i., 102
Section 3150 amended (relating to penalty for buying stolen property) 103
Section 4063 amended (authorizing jailors to qualify to their accounts before
Probate Judges) 103
iCIQF^EE COUNTY—
Section 1140 of the Code amendedas to Coffee county. loo
Act to establish a bridge across the Choctawhatcbie river in Coffee county, 151
Act giving the Probate Judge jurisdiction of the estate of John J, Allsa-
hrooks, late of Co* iugton county.. 169
OI0CTAW COUNTY—
Act changing the time of holding the chancery eowrt 152
, Art amending the road law 152
Act authorizing the publications to be made in the city of Mobile, 153
Act authorizing the Court of County Commissioners to make certain ap>
propriationtf. ........ 198
COOSA COUNTY— i
Act to provide (or the election of County Treasurer by the people........ 153
Act to amend an act amending the Mechanic's lien law of Dallas, Pike and
Cousa counties.^.,v............................... 154
C WMIXMONERS—
Act to provide for the appointment of Commissioners to examine the offii
owi tnidft< counts if certain public olficers........... 37
212*
CONECUH COUNTY— ' "
Act to change the boundary line of the counties of Butler and Conecuh,, 101
CORN— , ..
A<jt to regulate the sale and exportation of corn. 44
COMPTROLLER OF PUBLIC ACCOUNTS— _
Act to provide just compensation for the services of the Comptroller,.... 84
CO'RFOR ATIf NS— , .
Act to repeal in part An act to regnlate the agencies of Insurance Compa¬
nies not incorporated by the State of Alabama, Ac, ..................
Act to increase the corporate privileges of the Banks and Insurance Compa¬
nies of the State of Alabama
Act to establish a,Bank in the town of Opelika to be called the Exchange
Bank of Alabama.
Act to incorporate the Red Mountain Iron and Coal Company.
Act to incorporate the Selma Iron Foundry Compauy
Act to incorporate the Bibb County Iron Company.
A*ct to incorporate Hale, and Murdock's Iron Company, of Fayette county,
Act to amend the charter of the Shelby county Iron Manufacturing Com¬
pany.... .........
' Rail soAns.
Act to incorporate the Mobile and South-Western Rail Road Company..., 133
Act in relation to the Selma and Gulf Rail Road Company, and the Broad
Street Hotel Company of Selma 143'
Act to extend the charter of the Alabama ami Tennessee E'n*er Rail Poad
Company 143
Act to amend'the charters of the Alabama and Tennessee R'vers Rail Road
Company ; the Alabama and Mississippi Rail Road Company , the Selma
and Gulf Rail Road Company, and the Western Rail Road Company.... 145
Act supplemental to the same 147
Act to amend the charter of the Tennessee and Alabama Central'Rail Toad
Company 147
INSURANCE COMPANIES,
Act to amend the eharter of the Planters1 143
Act to amend the charter of the Eufaula Home 148
MTSCFLLANF.OVg.
Act t,o incorporate the Mobile and Three Mile Creek Plank Road Com¬
pany ICS
Act t.0 incorporate the Chen ackla Lime C( mp ny. 127
Act to incorporate the Southern Express Company ; 129
Act to amend "An act to Incorporate the South Alabama Manufacturing
Company/' approved Feb. 24th, ltfbO 149
Act to an end "An act to incorporate the Gas light Company of Selmu".. 149
COURTS—
Art in relation to oflUcera of court 73
SUPREME.
Art to amend the law relating to the printing of the Reports of Decisichs
of the Supreme Court 85
97
103
105
118
120
121
123
124
213
COURTS—Continued.
circuit.
Act to fix the time of holding the general electio 9 £ r Judges of the Cir¬
cuit Court, &c - 53
Act to change the time of holding the circuit courts in Marion, Walker and
Winston counties. ..................f 159
chancery.
Act to provide for the taking of testimony by registers in chancery.... jJ "71
Act to authorize the appointment of special registers in chancery in certain
cases, Ac.,.....,.. ^6
Act to detach Macon from the Middle and- attach it to the Southern Divis¬
ion ; and to detach Sumter from the Southern and attach it to the Middle
Division. ....;« 157
probate.
Act in, relation to the allowance of extra compensation to the judges of
probate, &c. 29
Act to fix the time of holding the general elections of judges of the circuit
court and'judges of probate, &c. 53
Act in relation to publications by courts of probate.. * 7'5
Act to amend " An act to authorize certain settlements in the probate
courts of this State" 76
county commissionefes.
Act to legalize certain acts of the courts of County Commissioners of this
State,.* * 25
Act to enable the courts of County Commissioners to appoint overseers and
apporti oners of i ublic roads over the age of eighteen and under the age
of sixty................ «... 77
Act in relation to the records of the courts of County Commissioners..... 78
♦COVINGTON COUNTY—
Section 1140 of the Code amended as to this county 100
DALLAS COUNTY— »
' Act amending act to amend the Mechanics' Lien law of Dallas, Pike and
Coosa counties 154
DEPOSITIONS—
Act to authorize the taking ©f depositions of subscribing witnesses to wills
in certain cases. 1...., 72
Act providing for taking testimony upon interrogatories in certain criminal
canes. ii 70
Subdivision 4 of section 2318 of the Code amended.... ............... 102
DISTILLATION—
Act to prohibit the distillation of grain iu the 'State of Alabama, except
under the direction and authority of the Governor 43
1 ' '
EDUCATIONAL FUND—
Act in relation to the distribution of the Educational fund; for 1862... . 97
ELECTIONS—
t Act to fix the time of holding the general elections forjudges of the circuit
court and judges of probate, and other inferior courts. ^ "53
*Aft to amend the law in relation toclectit,ne in certain cases.'53
214
ESTATES OF DECEDENTS—
Act giving the probate court of Autaugajurisdiction of the estate of Thos.
C. Daniel 15t
Act giving the probate judge of Coffee county jurisdiction of the estate of-
Jno. J. Alsabrooks. 169
Act giving the probabate judge of Butler county jurisdiction of the- estate
of Benjamin W. Campbell • 169
Act to remove the estate of Nancy M. Thompson from Tuskaloosa to
Greene county. 170
Act in relation to the real estate of Duncan L. Nicholson., .. . 171
Act as to probating the will of Geo. G. Tankersley, Sr 172
Act authorizing administration of the estate of W. H. Hibbler. 172
Act authorizing administration of estate of M. G. Jackson. 173
Act in relation to the estate of Lewis L. Langham 173
Act removing estate of Jno. B. Christian from Butler to Wilcox county.. 174
Act to legalize private sales made by the administrator of Aiviu Burrows, 175
Act authorizing the executors of N. B. Powell to dispense with certain re¬
turns and settlements in the probate court . 176
EXTORTION—
Act to prevent extortion ; 175
EXECUTORS—See Administrators.
FALSE REPRESENTATIONS—
Act to prevent false representations as to Government agencies.., 65
FAYETTE COUNTY—
Act authorizing the court of county commissioners to levy a tax on dogs, 155
Act legalizing the action of the court of county commissioners in levying
a special tax 158
GOVERNOR—
Act to authorize the Governor to borrow money on the credit of the State, 30
Act to authorize the Governor to do certain things therein named 36
Act to provide for the appointment of commissioners to examine the offices
and accounts of certain public officers 87
Act to authorize the Governor to lease, for a period not exceeding ten years,
to the Confederate Government, a certain portion of the Salin • Reserves, 56
Act authorizing the Governor to fix the compensation of S. S. Houston and
others...- 195
GREENE COUNTY— .
Act to remove the estate of Nancy M. Thompson from Tuskaloosa to
Greene county. 170
GOLDTHWAITE GEORGE—
Act authorizing him to rent or lease the real estate of his ward by private
contract 175
GUARDIANS—See Administrators.
HO USTON S. S , AND OTHERS-
Act authorizing the Governor to fix the compensation of S. S. Houston
and others 195
INSANE HOSPITAL—
Act in relation to the transfer of insane convicts from the Penitentiary
to the Hospital for insane persons 95
Act to repeal "an act for the relief of insane convicts in the penitentiary'' 96
215
INTEREST—
Act regulating the interest upon ddbts in payment of which Confederate
Treasury notes may be tendered and refused .... 68
jailors—
" Act to increase the fees of Jailors for victualing prisoners.............. 73
jefferson county—
Act changing the line of Jefferson and Shelby counties. 166
Act authorizing publications to be made in the newspapers of Selma... . 156
Act to hold a Special term of the Chancery Qourt . . < . 156
Act to prevent the destruction by fire of property in the towns and villages 166
joint Resolutions—
Upon railroad transportation in the several States of the Confederacy. „.. 300
In relation to the liability of Militia officers of this State to enrollment tin¬
der the Conscription acts of the Confederate States.................. . 201
In relation to the defence of Mobile. . ..201-202
Requesting the Governor to give information in relation to debts due the
State Bank and branches • 202
Iq relation to the War debt of the Confederate States .20J-203
Approving the payment of the Confederate War tax by the Governor.... 203
Of thanks to the Ladies of Alabama. 204
In relation to the Alabama Volunteers 204
In relation to the payment of the first instalment of the fund appropriated
for the Support of indigent families, under the act approved Nov. 12th,
1862, to certain counties therein named .2(15—206
To authorize H. C. McCall to draw the per diem of N. L, Brooks, a mem¬
ber of this House.. i ,. , T.. 206
For the relief of James A. M, Thompson, of Choctaw county. 206-207
Judicial proceedings—
Act to amend tbe act approved Dec. 1(1, 1861, to regulate Judicial proceed¬
ings .... * 64
Act in respect to forcible entry and unlawful detainer. 65
Act to suspend the operations of certain limitations of the Code and stat¬
utes of Alabamq. 66
Act to suspend the operation of the statutes of non-claims in certain cases 66
Act to suspend during the war the statute of non-claims in certain cases., 67
Act to regulate the interest upon debts in payment of which Confederate
Treasury notes may be tendered and refused. ^ 68
Act to repeal in part uan act in relation to debts due alien enemies," ap¬
proved Dec. 10, 1861 66
Act the more effectually to provide for the redemption of real estate sold,
under execution 1 .. 69
Act ti> provide for the faking of testimony upon interrogatories in certain
criminal eases' 70
Act to supply record evidence in certain cases 71
Act to provide for the taking of testimony by registers in chancery 71
Act to provide for making persons absent in the Confederate army parties
to applications to probate willa and for grants of administration 72
Act to authorize the taking of depositions of subscribing witnesses to wills
in certain cases , i. 72
LANDS—
Act to authorize the sale of lands mortgaged to the State 68
lilNERS—
Aet repealing in part an act constituting Seaborn W. Harvill and Samuel
Harvill, liners. %
216
LEAD—
Act to provide for the discovery of lead in Alabama 96
MACO N COUNTY—
Act' to detach it from the middle and attach it to the southern Chancery di¬
vision 157
Act authorizing the commissioners' court to appropriate a certain amount
of taxes levied for county purposes, to the support of the indigent fami¬
lies of volunteers, &o 158
Act authorizing the probate court to grant administration upon the estate
of Martin G.Jackson 173
MARSHALL COUNTY— ^
Act requiring the county treasurer to register certain claims against the
county.. 158
Act legalizing the action of the court of county commissioners in levying
a special tax 158
MADISON COUNTY"—
Act for the relief of the assessor and collector of taxes 187
MARION COUNTY—
Act changing the time of holding the circuit court 159
MECHANICS'LIEN LAW—
Act amending an act to amend 'the Mechanics.' lien law of Dallas, Pike and
Coosa counties .' 154
MILITARY AFFAIRS—.
Act making appropriations for the military defense of Alabama 24
Act to provide for the support of the indigent families of soldiers from
Alabama 26
Act to provide for the public safety 37
Act to amend an act to provide for the public safety 40
Act supplementary to an act to provide for the public safety. 41
Act to regulate impressments. 42
Act for the defense of the Northern part of the State 42
Act to aid the Confederate Government in providing shoes for the Alabama
soldiers in the Confederate army, &c 47
Act for the benefit of the hospitals established in Richmond for sick and
wounded soldiers from Alabama ; also for the benefit of the Military Aid
Society of Mobile, &c 62
Act to render certain persons subject to militia service ■ 63
Act to amend the Military Code .. 64
Act to repeal an act to provide for the military education of two young
men from each county in the State of Alabama. 64
Act to amend "an act the more effectually to secure subordination among
slaves, &c." 72
Act to provide for the defense of Mobile 162
Act to authorize the Confederate States to purchase and hold, in Alabama,
a site for Rolling Mills, &c , 176
Act amendatory of the same. 177
Act for the relief of soldiers in the Confederate service 178
MOBILE COUNTY—
Act to enable the corporate authorities of the city of Mobile to levy an
additional tax on real estate for municipal purposes ... ,. 160
Act authorizing the probate judge to remove his office records to a place of
safety.... 160
Act amendatory of an act for the improvement of the bay and harbor of
Mobile 161
217
MOBILE COUNTY—Continued.
Act amendatory of an act to protect the election franchise in municipal
elections in the city of Mobile, approved 5th Dec., 1861« 161
Act authorizing the enrollment of the Creoles of Mobile. 162
Act to provide for the defense of Mobile. * 162
Act in relation to the estate of Lewie L. Langham. 173
MONROE COUNTY— '
Act authorizing the commissioners' court to levy a special tax 163
MONTGOMERY COUNTY—
Act authorizing the corporate authorities of the city of Montgomery to Con¬
trol and improve the grounds around the Capitol. 163
Act changing the line of Montgomery and Pike counties. 164
Act to define the fees of the Justices of the Peace and Constables in the.
city of Montgomery. 164
MOORE, DR. M.
Apt to compensate for services as Warden .......... 196
MORGAN COUNTY—
Act authorizing the court of county commissioner? to levy a tax on dogs.. 155
Act legalizing the acts of the commissioners' court................. . 165
NON-CLAIMS—
Act "to suspend the operation of the statutes of non-claims in certain cases 66
Act to suspend during the war the statutes of non-claims in certain cases.. 67
OFFICIAL RECORDS—
Act to provide for the security of the records and papers in the custody of
the several officers of this State 74
Penitentiary—
Act to provide for the reorganization of the State Penitentiary 85
Act supplemental to the same ... 94
Act in relation to homicide committed by convicts in the penitentiary for
life. 95
Act in relation to the transfer of insane convicts from the penitentiary to
the hospital for insane persons 95
Act to repeal "an act for the relief of insane conyicts in the penitentiary" 96
Act to compensate Dr. M. G. Moore, Warden..... 196
pike county—
Act amending an act to amend the Mechanics' lien law of Dallas, Pike and
Coosa counties ...... 154
Act changing the line of Montgomery and Pike counties 164
Act in relation to the real estate of Duucan L. Nicholson 171
PUBLICATIONS—
Act in relation to publications by courts of probate. . 75
public Lands—
Act to increase the price of certain public lands belonging to tbe State of'
Alabama * 80
Act to consolidate certain land districts therein named 81
Act fixing the time within which proof of settlement and improvement on
public lands maybe made in certain cases. 82
Act for the extension of the time of settlement and cultivation of lands en¬
tered under the 86th section of the ordinance ef the convention of the
State of Alabama. . ..,. 82
218
PUBLIC LANDS-Continijed.
Act to repeal "an act to legalize certain entries of land," approved Dec. 9,
1861 83
Act amendatory of an act to require the commissioner of public lands to
issue a patent to Martha Carroll, of Calhoun county 177
PUBLIC PRINTING—
Act to amend section 88 of the Code 99
RELIEF—
Of soldiers in the service of the Confederate States 178
Of indigent families of soldiers in Sumter and Walker counties 179
Of certain officers in Sumter county 179
Of the assessor and the colldctor of taxes for Madison and other counties. 187
Of the securities of John C. Burgess, late tax collector of Coosa county... 188
Bell, Archibald B., ] 85
Bell, W. B. and-A. R. & Co 196
Campbell, A. G., 196
Cantrell, J. P., 181
Clark, H. J., jr., tax collector 188
Davis, Louisa Ann and William W.,.... 185
Davis, B. B., 197
Dubose, Adele Louise, administratrix, 182
Franklin, Geo. W. and J. Tyler, 184
Gat s, J. P., late tax collector 189
Green, W. P., tax collector 189
Grider, A. A., and other tax collectors 190
Harmon, S. B., tax collector 190
Headen, James .. 186
Aarris, Dr. J. C., and others 195
Hornsby, Moses, tax collector 191
Jarvis, Mary and Nancy 184
Johnston, Burrel, tax collector 192
Mebarg, James 192
Mason, W. R,, Register .*.... 194
Nail, *M. M, 197
Newman, George, guardian 183
Pagles, J. F., 180
Phillips, 0. L., ISO
Rabb, R. S,, 193
Reese, Sarah C., guardian, 183
Robbs, Mahulda, ._ 187
Walthall, W., tax collector 194
Watson, H. P,, 196
White, Ffister & Co , 198
Williams, Thomas, administrator, 181
REVENUE LAWS—
Act to amend the Revenue Laws of this State 3
Act to authorize a compilation of the Revenue Laws 21
REDEMPTION—
Act the more effectually to provide for the redemption of real estate sold
under execution. 69
RUSSELL COUNTY—
Act authorizing publication to be made in a newspaper in the city of Co¬
lumbus, Georgia 165
Act to establish a bank at Opelika 105
219
ST. GLAIR COUNTY—
Act to prevent the destruction by fire of property in the towns and villages 166
SUPREME COURT REPORTS—
Act to amend the law relating to the printing 85
SALT^
Act to authorize the governor to lease for a period of not exceeding ten
years to the Confederate government, a certain portion of the Saline Re-
nerves 56
Act to enable the people Of Alabama to procure necessary supplies of salt
at reasonable prices, &c 56
Act to amend an act supplemental to two several acts in relation to salt. .. 58
Act to prevent salt manufactured by any of the lessees of the public salt
lands of this State from being sold to non-residents of this State...... 61
Act to authorize executors, administrators, guardians and trusteees to pro¬
vide salt for their trust estates 18
SMALL POX—
Act to prevent the introduction and spread of small pox in the State of
Alabama 46
Act to provide means for arresting the spread of small pox in Tallapoosa
oouuty.i 161
SHELBY COUNTY—
Act changing the line between Jeffersoil and Shelby counties, 156
Act to prevent the destruction by fire of property in the towns and villages 166
STATE BONDS—
Ac£ to authorize the issue and sale 30
STATE TREASURER—
Act to provide just compensation for the services of the State Treasurer.. 83
SECRETARIES OF'THE GOVERNOR—
Act to provide just compensation for the Secretaries of the Governor...... 84
SECRETARY OF STATE—
Act to authorize the Secretary of State to employ a Clerk 84
SUMTER COUNTY—
Act detaching it from the southern and attaching it to the middle chancery
division 151
Act amending the law in relation to public bridges. „. 167
Act for relief of indigent families of soldiers. 179
Act tor relief of certain officers ? 179
TREASURY-NOTES—
Act to authorize the issuance of Treasury note change .bfils by the State
of Alabama r33
Act to amend an act to authorize the issuance of Treasury note change
bills ....... 34
Act to amend an act to authqrize the issuance of Treasury note chauge
bills. 35
Act to place at the disposal of the Governor an addtionaj. sum to carry in¬
to effect the act to authorize the issuance of Treasury note change bills 36
Taxes -
Act to amend the Revenue laws. , 3
^.ct to amend an act to exempt fronj taxatiqn a certain amount of proper-
220
TAXES—Continued.
ty of volunteers, &e * •.. T.*7
Act to authorize the courts of county commissioners to levy a tax for the
support of indigent families of soldiers, <fcc 17
Act to repeal the tax on county seals in certain caseB 18
Act to regulate the sale and exportaiion of corn 44
TRANSFER OF SPECIAL FUNDS—
Act authorizing the transfer of certain funds raised for special purposes to
the general fund of the State Treasury 25
TALLAPOOSA COUNTY—
Act to provide means for arresting the spread of small pox in this county.. 167
TANKERSLEY, GEORGE G., Sr.—
Act to aid the executors of . his will to probate the same 172
TUSCALOOSA COUNTY—
Act to remove the estate of Nancy M. Thompson from Tuscaloosa to
Greene county 170
TRUSTEES—See Administrators.
WALKER COUNTY—
Section 1140 of the Code amended as to this county 100
Act changing the time of. holding the circuit court 159
Act more effectually to provide for the support of the indigent families of
soldiers .... 168
Act for the relief of indigent families of soldiers 179
WINSTON COUNTY—
Act changing the time of holding the circuit court 159
WILCOX COUNTY—
Act in relation to the estate of Lewis L, Labgham ,. 173
LEGISLATURE OF ALABAMA
CALLED AND REGULAR SESSION, 1862.
LIST OF SENATORS, WITH THEIR POST OFFICES AND. DISTRICTS.
iJEJUTORS.
E. M Patton, Fatten, President, (resigned,)..
H Taul, Secretary ^
W. W. Screws, Assistant Secretary
TV". H. Barnes,
&. E. Brewer..
J. M. Calhoun, (elected President, 1862,).
It. L. Catoi
W. E.Clarke. .....
A. J. Coleman........
J P. Coraan .....
W. N. Crump.....
De W. C. Davis..
B. W Groce ,
F. L. Hammond................. ......v
F. M.Hardwiek
JL Harrison...
It. S. Heflin.
J. A. Hill..
W-M. Jaeksan,...................... ...
POST-©FJ?ICE.
Florence.
Talladega.... ...
Montgomery..........
Chambers Court House.
Rockfard.....
Richmond.,..........
Eefauta.
Dayton.
[Millport..
Athens.
Little Warrior..
Andalosia.j......
Munford.............
Huntsville
Cedar Bluff...
Montgomery.
Wedowee
Jasper...............
South Fkffenee.i
BISTKICTS.
Lauderdale.
Chambers
Coosa..
Dallas and Wilcox..
Barbour. ............
Greene and Marengo^..........
Fayette and Marion.
Limestone and Morgan...
Bloant and St Clair
Coffee, Conecuh and Covington.
Talladega
Madison..
Cherokee.
Lowndes and Butler.
Randolph
Lawrence, Walker and Winston.
Franklin.,........ ..........
LIST OF SENATORS, WITH THEIR POST OFFOES AND DISTRICTS-Continued.
SENATORS.
R. Jamison, jr..,
O. S. Jewstt....
J. J. Lamar....
R, F. Ligon
J. A. Lewis....
W. D. Matthews
E. H. Moren....
J. P. Morgan....
E. L. Mclntyre..
T. Reavis
F. Rice
S. F. Rice
L. M. Stone
T. L. Toulmin..,
T. A. Walker...,
W. Wood........
POST OFFICE.
Tuskaloosa..
Gainestown..
Guntersville.
Tusbegee....
Girard
Youngsville.
Centreville..
Montevallo..
Troy
Gainesville..
Princeton....
Montgomery..
Carrollton...
Mobile
Jacksonville.
Open Pond..
Tuskaloosa
Baldwin, Clarke and Monroe
Marshall
.Macon
Russell.
Tallapoosa.
Bibb and Perry
Jefferson and Shelby.
Pike
Choctaw, Sumter and Washington.
Jackson..
Autauga and Montgomery
Pickens
Mobile
Calhoun
Dale and Henry
to
to
to
LIST OF REPRESENTATIVES, WITH THEIR COUNTIES AND POST OFFICES.
Butl-iP
Montgomery...,
Talladega., „...
Macon.........
Randolph.....,
Blount..
Montgomery.,.,
Conecuh
Tallapoosa.....
Greene..
Tallapoosa...
Mobile..{.....
Coosa
Shelby
Cherokee
Lowndes
Butler.
Madison
Madison.
Bibb.,
Talladega
Calhoun.......
Fayette
Greene
Jackson........
Marshall..... .
Dale
Marshall.......
Coosa,........,
Marion
Randolph.....,
Blount
St. Clair
REPRESENTATIVES.
W. H. Crenshaw, Speaker.
A. B. Clitherall, Principal Clerk
B. Eason^ Assistant Clerk
S. Lanier, Engrossing Clerk
James Aikin
E. Alldridge
T. M. Arrington
W. A. Ashley.
J. G. Bass.
A.Benners.,»
W. R. Berry..
W". Boyles.
D W. Bozeman !
S. Brasher
A. R. Brindley..... ...............
N. L. Brooks.
T. J, Burnett.
0. Butler, (died December 13, 1862,)..,.
S. D. Cabaniss.
H. D. Calhoun
C. Carter
S. M. Caruth.. ............
Alex. Cobb..., .......
W. Coleman, .-r.............
T. T. Cotnam.
B. S. Clapp, (died, 1862,)
D. B. Creech...............
James Criteher.
A. Grumpier.
M. L. Davis........*.
A. W. Denman
R. Ellis .
J. Foreman
POST OFFICE.
Manningham........
Montgomery
Talladega..........
Tuskegee...........
Wedowee..
Brooksville f.
Montgomery.
Sparta
De Soto
Greensboro'.
Dadeville
Mobile...
Central Institute
Columbiana..
Blue Pond..
Hayneville.
Greenville
Berkley
Huntsville,........
Mars..............
Talladega
Fair Play
Fayette Court House.
Eutaw..
Stevenson..........
Henrysvill«\..... ..
Sylvan Grove.......
Jay Bird,,..
Rocktord..
Detroit.....
Chulafinnee... .....
Blountsville
Branch ville
LIST OF REPRESENTATIVES, "WITH THEIR COUNTIES AFD POST OFFICES—Continued
Choctaw....
Walker
Marshall...
Wilcox.
Clarke
Barbour....
Tallapoosa..
Coffee.....
Franklin....
Tuskaloosa.
<L hambers.,
Marengo...
ilacon. ....
Mobile
Jackson....
Talladega...
Dale
Tuskaloosa.
Monroe....
Cherokee...
Sumter.....
Marion.....
DeKalb....
Dallas.....
DeKalb....
Calhoun ..
Jefferson....
Macon
Coo=a. ....
fvvttte ...
Cherokee ..
Peify
XEFRESENXA.TITES,
J. T. Foster
W. Gravelee'..
W M. GrifSn •.
G. S. Gullett .'...
W. J. Hear in
E. M. Herront
J. J. Holly
H. E. H. Horn
A. A. Hughes
W. H. Jemison
W. A. Johnson..
James R. Jones
J. G.Judkins
C. C. Langdon
J. Latham
L. W. Lawler
J. T. Lee
Thomas P. Lewis.
F H. Liddell
W. W. Little
B, B. Little
J. W Logan
L. W. Lynch.....
F. L. Syon, (elected t©. Congress, C. A.).
A. G. Mabry
G. Malone
W. B. Martin
A.Martin..........
W. W Mason
A. D. Maxwell
J. Mtddleton
J D. Miller.
W. a. Mir.'t
POST OFFICE.
Butler
Gap
Warrenton
Camden
Suggsville
Louisville
Dadeville.
Victoria.............
Burleson
Tuskaloosa
Fredonia. i
Spring Hill...... . .
Cuba Hatchee
Mobile. ..
Trenton
Talladega...........
Newton
Tuskaloosa
Buena Vista.........
Goshen
Livingston
Thorn Hil?.
Van Buren "..
Demopolia.
Selma
Lebanon
Jacksonville
Elj ton
Tuskegee
Nixburg
Fayette Court House.
Gaylesville
iPerryville. .........
ItO
to