.«>
George Washington Flowers
Memorial Collection
DUKE UNIVERSITY LIBRARY
ESTABLISHED BY THE
FAMILY OF
COLONEL FLOWERS
A.OTS
OF THE
SECOND CALLED SESSIOK, 1861
AND OF THE
FIRST REGULAR ANNUAL SESSION
OF THE
GENERAL ASSEMBLY OF ALABAMA,
HELD IN THE
CITY OF MONTaOMERY,
COMMENCING ON THE
28TH DAY OF OCTOBER AND SECOND MONDAY IN NOVEMBER, 1861.
ANDREW B. MOORE, Governor until December 2, 1861.
JOHN GILL SHORTER, Governor.
WM. H. CRENSHAW, Speaker of tlie House of Representatives.
ROBERT M. PATTON, President of the Senate.
MONTGOMERY, ALA.:
MONTGOMEBY ADVKKTI.SEK BOOK AND JOB OFFICE.
1862.
L^^VrS OF ALABAMA..
No. 1.] AN ACT
For the relief of Tax-Payers and Collectors.
Sec. 1. Be it enacted by the Senate and House of Repre- ^^^^^^^ ^f
seniaiives of the State of Alabama, in General Assembly time for making
convened, That an act entitled " An Act to extend the *='""''"''°'-
time for the pa3mient of taxes into the State Treasury,
and for other purposes," approved February 8th, 1861,
be so amended as to give until May Ist, 1862, for col-
lecting and paying over the taxes for the year 1861.
Sec. 2. Beit further enacted, That the tax collectors Ki„d of funds
of this State may take in payment of taxes treasury
notes of this State or of the Confederate States, and
any current bank notes of the State of Alabama. Pro-
vided, If in the opinion of the Governor, any of the
banks of this State shall become unsafe, he may by
proclamation and by notice to the tax collectors, pro-
hibit the reception of the bills of any such bank. Pro-
vided further. That the written assent of the securities ^/Bec^u^iuc?!"^
of the several tax collectors to the extension provided
for by this act shall be obtained by the several tax col-
lectors and filed with the comptroller of public accounts
and approved by the comptroller, before the said exten-
sion shall take eflect.
Approved, Dec. 10, 1861.
receivable for
taxes.
No. 2.] AN ACT
To raise Revenue from Crops Loaned, and for r.tlKT
purposes.
vSrc. I. Be it enacted by the Senate and Ifouxr of Rrprc-
rf the State cf A''>""" in Gen- ' "■ 'y
1?61. 4
Taxes on crops co7we7iecl, That tliG Same rate of tax as is levied and
I'.auod. collected by law on moneys loaned, shall be levied and
collected on crops or the proceeds thereof loaned or
kept at interest.
Sec. 2. J3e it further enacted, That the tax hereafter
On moneys i.oar- jjggjjggg,! ^,^j collcctcd on moncy hoardcd shall be five
per cent, on the amount hoarded instead of the tax di-
rected to be assessed and collected by existing laws.
And that under the term " money hoarded," shall be
embraced as well money hoarded as all money deposited
out of the State, money lent out of the State at a less
rate of interest than five per cent, per annum, and all
Proviso. mone}^ on hand. Provided, The provisions of this sec-
tion shall not apply to money kept on hand exclusively
to purchase family supplies not to exceed the amount
necessar}^ for one year, but shall apply only to money
purposely withheld from circulation or not employed in
business.
Certain loans ex- ^^^' ^- -^'^^ ^^ it further ejiactcd, That no tax shall be
e«np'- assessed on loans of either produce or money to the
Confederate States or to this State.
Approved, Dec- 10, 18G1.
No. 3.] AN ACT
To provide a Fund for the Aid of Indigent Families of
Volunteers absent in the Array.
Sec. 1. Be it enacted by the Senate and House of JRepre-
sentatices of the State of Alabama in General Assembly
convened. That a special tax of twenty-five per cent, on
Special Ins of 25 the amouut wlijch is now, or may hereafter be imposed
coiiecfed.' '" ^^ on all the taxable property in this State as a general
tax, to be collected by the several tax collectors in this
State, at the same time, and under the same rules and
regulations, and subject to the same liabilities and re-
strictions now imposed by law in the collection of the
annual taxes of the State, to be designated as "a fund
for the aid of indigent families of absent volunteers,"
and such tax shall be collected for the present year by
the several tax collectors upon the last assessment made
in the several counties, at the same time they may
collect the state and county taxes for the present year,
5 18G1.
and shall continue to be imposed and collected annually
during the continuance of the exif>ting war, between
the Confederate States and the United States, or until
altered or repealed by the General Assembly, and the
said special tax shall be paid into the treasury of the
State as other State taxes.
Sec. 2. And he it farther enacted, Thf\t it shall be the '''■•^''?*^'^''-:''"
- „ , . , •^' , , ' , ... appoint ;i dny
duty ot the judge ot probate ot each couniy in this f'>rComs. cour;
State, within one month after the passage of this act, or
as soon thereafter as practicable, to call together the
court of county commissioners for his count}^ on a day
to be appointed by him, and at such special term of the
court so called, it shall be the dut}' of the court, to sioners c?"'™.'^
select and appoint one discreet and trustworthy agent,
in each election precinct in such county, whose duty it
shall be to enquire and ascertain the number and name
of each resident of such precinct, who may be absent
therefrom as a volunteer in the army, when such volun-
teer left, and in what company and regiment, to enquire
and ascertain if such volunteer left a wife, child or chil-
dren, or father or mother, or minor brothers or sisters,
dependent upon him for support, and the number, sex
and ages of those composing the family left by such
volunteer, dcj^eiident upon him as aforesaid, and their
condition and situation as to means of support, and
whether such family, or any member thereof, actually
needs aid and assistance from the public in the wsiy
of food and clothing, and of what nature and to what
extent, and for what length of time, and such agent Age hu.
shall, within twenty cla_ys after his appointment, report
in writing the result of his enquiries to the judge of
probate of his count}', showing the name of each absent
volunteer from his precinct, the number, sex and ages
of any family left by him, needing the aid of the public,
what means ot support tho\- had, what they actually
need in the way of food and clothing, or eitlicr, and
how long they will probably require such aid.
Sec. 3. And he it farther enacted. That it shall be tlie J*^g^"f i*^-'"""^
duty of the judge of probate of each county as af re-
sold, upon receiving the report of the several precintt
agents in lais county as provided for in this act, forth-
with to call a special term of the court of county com-
missioners for his county, and it shall be the duty of
the court at the special term so called, carefully to ex-
amioG the report of the precinct agent; and to ascer-
1861. 6
tain from such reports, and such other sources of infor-
mation as may be accessible to the court, Avhat number
of families of absent volunteers belonging to their re-
Li^t of indigent spective counties, may be in indigent circumstances and
families. unablo to support themselves, and what amount it would
require to furnish adequate aid in the way of provisions
and clothinsf to i?uch indigent families during each year
of the absence of such volunteers, and cause the names
of such families to be entered upon the records of the
court, with a carefully prepared estimate of the amount
necessary to render each of said families adequate aid
in the way of provision and clothing during each year,
and such estimate in detail, shall also be entered of
I record, and such court shall furnish the comptroller of
ria.ie to comp- puldic accouuts witli a duly certitied copy of such record,
trailer. witliiu twcut}^ days after making the same, showing the
numbers of, and names of families of absent volunteers
requiring aid in his count}^ and the amount thereof.
Sec. 4. And be it further enacted, That it shall be the
[;,;,'i'ier?^ ^""''' <bity of the comptroller of public accounts, upon receiv-
ing the transcripts of record from the several counties
in this State, showing the number and names of indigent
families of absent volunteers in each of said counties,
and the estimated amount necessary to render them
adequate aid during each year, to apportion the amount
of the special tax collected under the authority of this
act, or so much thereof as maybe necessary, among all
the counties of this State, according to the list of the
names of indigent families of absent volunteers, and
the estimate showing the amount required by each, pre-
pared and certified to his office by the court aforesaid,
and the amount of such fund coming to each county,
shall bo paid over to the judge of probate of such
county, and laid out and expended under the direction
c jrt of County and control ot the court of county commissioners of such
1 keep account con I) ty, and the court shall cause to be kept an account
showing in detail for whose account the money was
expended, for what particular article, and the price paid
for each article, and of whom purchased, and shall re-
turn to the comptroller of public accounts, showing the
disbursement of said fund.
Sec. 5. And he it farther enacted. That in collecting
'i.-.TCs mnv be . '' .iii i i*
iHi.i in provis- the special tax imposed by this act, it shall and may be
,\Vi;"e/'^ " "" lawjul for the comptroller to authorize the court of
county commissioners of any county in this State to
1 1861.
cause any part of the same, not exceeding the amount
shown by the estimate returned to his office a& necessary
to be expended in such county, to receive in payment
provisions or material for clothing, such as may be
needed by such indigent families in such county ; Pro-
vided, the same be offered by tax-payers at a fair market
price, and provided such court may authorize orders to
be given on tax-payers in favor of such indigent fami-
lies, and the payment of such orders shall be a valid
payment on account of the taxes due from the party
paying the same.
Sec. 6. A)id be it further enacted, That the precinct Agents to report
agents provided for in the second section of this act, judg^s^"""*""*
shall make their investigation into the condition of in-
digent families of absent volunteers, and report the re-
sult of such investigation to the judge of probate of
each county from time to time, as volunteers may en-
gage in the public service from such county, and report
the same as in this act provided, and the courts of
county commissioners shall record the names and make
the estimate as herein provided, and return the
same to the comptroller, who shall include such
estimate in the apportionment of funds herein pro-
vided.
Sec. 7. Be it farther enacted, That those who have appiipk to sick
been engaged in service and regularly discharged on dLw?"" "^
account of wounds or sickness, and are unable in con-
sequence of such wounds or sickness to support their
families, and the widows and orphans of volunteers as
may have fallen in battle, shall have all the benefits of
this act.
Sec 8. Be it farther enacted, That the probate judges p^^i.^;,. ju^g^,
of the several counties, and their securities in office, ''"'<^'""y '■"'*''*^-
shall be liable on their official bond for any misap-
propriation of the fund sentrusted to them under this
act.
Sec. 0. Be it farther enacted, That one hundred and
fifty copies of this act be printed, and sent by mail
forthwith to the probate judge of each county.
Sec. 10. And he it farther enacted, That all volunteers v^,u„,^,„.
from this State in the army of the Confederate States, f^mpt from poi!
or in the actual military service of this State, shall be
exempt from the payment of any poll tax so long as they
remain in actual service as such volunteers.
Sec. 11. Be it farther enacted, That the commission-
1861. 8
^ , „ . ers' courts of the several counties of this State shall
Com'rs Courts • ^ , • r J^ ,i-i , i
may apply sur- havc the risfht, II thcv thiiiK propcr, to apply any sur-
I.1U8 of County , ® ' i r*. • ii, / 4. '^
funds. plus moneys now or hereatter in the county treasuries,
to the benefit and relief of the indigent families of
volunteers ; and should the commissioners' courts
make such disbursements of such funds, a copy of
such order shall be a sufiicient guarantee to the county
treasurers for disbursing such fund as the said courts
may order.
Approved, November 11, 1861.
^
No. 4.] AN ACT
In relation to Tax Assessors and Tax Collectors.
Section 1. JSe it enacted by the Senate and House of
Bepresehtaiives of the State of Alahamain General As.'^emhly
convened., That no tax collector or tax assessor in this
State shall be disqualified for holding the office of tax
collector or tax assessor under the Government of the
Confederate States.
Approved, Nov. 29, 1861.
No. 5.] AN ACT
In relation to the War Tax authorized by Congress to
be assessed and levied upon certain property in this
State.
Section 1. Be it enacted by the Senate and House of
JRcpresentaiives of the State of Alabama in Ge?icral Assembly
War tax nBBum- couvcned, That payment of the amount of the war tax
'" "' * of fifty cents upon each one hundred dollars in value of
certain property of the citizens of this State, authorized
to be assessed and levied upon such property in the
year 1861, and payable in 1862, by the act of the Con-
gress of the Confederate States, entitled " An Act to
authorize the issue of treasury notes, and to provide a
war tax for their redemption," approved the 19th of
August, 1861, when assessed and ascertained according
to the terms of said act, be and the same is hereby as-
ed bv the State.
9 1861.
sumcd b}' the State of Alabama upon the terms and
conditions specified in the 24th section of said act.
Sec. 2. And be it further enacted, That when the to be raw out of
amount of said tax shall be ascertained in such mode as ^^"''^ treasury,
has been, or may be prescribed by Congress, and the
deduction of ten per cent, threfrom shall be made as
provided in said 24th section, it shall be the duty of the •
Governor to cause the amount found due of said tax, to
be paid into the treasury of the Confederate States as
provided in said 24th section of said act.
Sec. 3. And he it farther enacted, That in order to Governor to bor-
obtain the amount of money necessary to pay the from "har'terey
amount found due on said tax, it shall and may be law- ^^^^^^
ful for the Governor to borrow the safne from the
several chartered Banks of this State, now in operation,
in proportion to the respective capital of each, or from
any other source, upon bonds of the State Treasury at
8 per cent, interest per annum.
Approved, November 27, 1861.
No. 6.] AN ACT
Making appropriations for the fiscal year ending on the
SOth day of September, 1862.
Section 1. Be it enacted by the Senate and House of
Hepresentaiives of the State of Alabama in General Asscmbli/ ,
7 mi , .1 r> 11 • n , % Appropriation?
convened, 1 hat the following sums of money be, and fonsci-e^
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-two.
To the Governor of the State, four thousand dollars.
To the Secretary of State, sixteen hundred dollars.
To the Comptroller of Public Accounts, two thousand
dollars.
To the State Treasurer, eighteen hundred dollars.
To the Superintendent of Education, two thousand
dollars.
To the Commissioner of Public Lands, twenty-five
hundred dollars.
To the Supreme Court Reporter, twelve hundred
dollars.
1861. 10
To pay salary of clerk iu Controller's office, one
thousand dollars.
To the Judges of the Supreme Court, each, four
thousand dollars.
To the Judges of the Circuit Courts, each, two thou-
sand 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
per day for each day they shall be engaged in the actual
duties of their offices, 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, each,
seven hundred and fifty dollars.
To the Marshal of the Supreme Court and State
Librarian, one thousand dollars, to be paid quarterly,
as other salaries.
To the Principal Secretary of the Senate, and the
Principal 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
Assistant and Engrossing Clerks of the House, each,
six dollars per day for each day of- the extra, and
present regular session.
To the Clerk of the State Treasurer's office, seven
hundred and fifty dollars.
For the pay of such additional Clerks as may be em-
ployed by the Senate and House, six dollars per day,
each, for the number of days so employed.
To the Draughtsman in the Public Land office, twelve
hundred dollars.
To the Door-Keepers of the Senate and House, five
dollars per day each.
To the Messengers of the House, one dollar per day,
each.
To the Secretary of the Senate and Principal Clerk
of the House, each, for completing the journals of their
respective Houses, arranging and filing away papers in
11 1861.
proper order for the next session of the General As-
sembly, one hundred and fifty dollars.
To the Secretary of State, for copying the journals
of both Houses at the extra and present session, read-
ing proof 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 for the office of Superin-
tendent of Education, nine hundred dollars.
To pay the funeral expenses of Jas. C. Spencer,
three hundred and thirty-three dollars.
Sec. 2. Be it further enacted, That the sum of five
hundred dollars, or so much thereof as may be neces-
sar}^ be and the same is hereby appropriated for the pur-
chase of stationery for the General Assembly, Executive
and State offices and Judges of the Supreme Court, and
the Comptroller shall draw his warrant therefor, on the
presentation of an original voucher, with the certificate
of the Secretar}^ of State that the same is correct.
Sec. 3. Be it farther enacted, That the sum of eight
hundred dollars is hereby appropriated to pay for the
distribution of the laws and journals of the extra and
present sessions of the General Assembly; and the
Comptroller 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 beeu
performed. »
Sec. 4. And be it farther enacted, That the Comptroller
of Public Accounts is hereby authorized and required to
draw his warrant on the State Treasurer for the several
sums of monej' herein appropriated at the times payable
b}^ law, on the production of proper vouchers and
receipts therefor.
Sec. 5. And he it further enacted, That the sum of fifty
dollars is hereby appropriated to II. P. Watson, Mar-
shal of the day, for expenses incurred for the Inaugura-
tion of Governor Shorter, and that the Comptroller be
authorized and required to draw his warrant on the
Treasurer therefor.
Sec. G. Be it further enacted, That tlie sum of fifty
thousand dollars be, and tlie same is hereby set apart
as a contingent fund, to meet extraordinary expenses
1S6I. 1-2
and contingencies, to be drawn on the warrant of the
Governor.
Approved, December 10, 1861.
Is'o. 7.1 ^ AN ACT 't
.fe ■
To snppl}' an}^ deficiency in the Treasury, wliieh ma^
be caused by an Excess of Appropriations at the
present or late Extra Session of the General Assembly.
Section 1. Be it enacted by the Senate and House of
jefidrgovernor Representatives of the State of Alabama in General Assembly
™r*treasuo'i^o'tes conveiicd, That iu ordcr to supply any excess of appro-
or borrow the priations made at the late extra or present rec^alar ses-
money. *- x C5
sion of the General Assembly, over and above the
amount which now is or may be in the treasury'', when
such appropriations have to be paid, it shall and may
be lawful for the Governor, as in his discretion he may
deem best, either to sell eight per cent. State bonds,
having not more than ten years to run with the interest
pa3'able annually or semi-annually for such funds or
currency as may in his judgment answer the purposes
of the State, or to raise the amount by loan at a rate
of interest not to exceed eight per cent, per annum,
payable annually or semi-annuall}^ or to issue treasury
notes of this State Iiaving not more than three years to
run, as in liis judgment may best promote the interest
of this State ; or to supply such excess by resorting to
all or any of the means provided in this section.
Faiih and credit Sec. 2. Be it further enacted, That for the ultimate
piedgcd^'*^* payment of any State bonds issued under the authority
of this act, and for the payment of any loan effected
by the Governor, as herein authorized; and for the
payment of any treasury notes issued for the purpose
** ^"^ herein authorized, the faith and credit of the State is
hereby pledged.
Sec. 3. Be it further enacted, That the Governor is
AVenTunnebt hereby authorized to extend any debts owing by the
iwrowe^d money State for borrowcd mone}^, by the consent of, and for
such time as the parties to whom the same is due may
agree, at a rate of interest not exceeding the rate at
winch the money was originally borrowed, to be paid
annually or semi-annually, and to issue the bonds of
mmmmmmti^mltlititlltlllMikL.^
18 1861.
the State for the amount thus extended, witli coupons
for the interest.
Sec. 4. Be it further enacted, That all bonds, treasury coupons and
notes, coupons and loans made under this act, shall be rcceivlwrfor
payable at the State Treasury, and that the coupons i'"''"*^ '^"**'
after maturity, and the treasury notes issued under this
act, shall be receivable in payment of taxes and all
other public dues.
Sec. 5. Be it further enacted, That if any person or Penaiij- for rorg-
persons shall forge or falsely alter any note issued jjy "=s ">■ »i'«'"">8-
virtue of this act, or shall alter or attempt to pass any
forged or altered note purporting to be a note issued in
pursuance of this act, knowing such note to be forged
or altered, such person or persons shall suffer the pains
and penalties now affixed by law for forgery in the first
degree.
Sec. G. Be it farther enacted, That any treasury note to be delivered
issued under authority of this act, after being signed, rer.
numbered and registered as required by the act, shall,
before being put into circulation, be delivered to the
State Treasurer and charged in his office as so much
cash and so accounted for.
Sec. 7. Be it further enacted. That the treasury notes Treasury note*
issued under authority of this act, shall at the pleasure cect.^'^c'oupon''*'^
of the holder be fundable in eight per cent, coupon '^°°''°-
bonds of the State, payable semi-annually in sums of
five hundred and one thousand dollars; and that bonds
for any treasury notes, submitted to the Comptroller in
sums as herein specified, shall be issued therefor, and
in lieu thereof, and all bonds so issued, and treasury
notes so returned, shall be properl}'- registered, can-
celled and accounted for on the books of the Comp-
troller.
Approved, December 10, 1861.
No. 8.] A^^ ACT
To suspend the operation of Sections 40 and 41 of
the Code.
Sectton 1. Be it enacted bj/ the Senate and JIovsc of
Mcjyrcsentativcs of the Stale of Alabama in General Asi'cnibly
convened, That sections No. 40 and 41 of tlie Code be
1861. • 14
suspended, so far as it applies to the present called ses-
sion of the General Assembly.
Approved, November 9, 18G1.
No. 9.] AN ACT
To amend Section Q4:6 of the Code.
Section 1. Be it enacted by the Senate and House of
Representatives of the State of Alabama in General Assemby
convened, That section 646 of the Code of Alabama be,
and the same is hereby amended, by inserting after the
words "Circuit Judge," where they occur in said sec-
tion, the words, "or Judge of Probate." -a
Approved, December 3, 1861.
I
No. 10.] AN ACT
To amend Section 672 of the Code.
Section 1. Be it enacted by the Senate and House 'of
Representatives of the State of Alabama in General Assembly
convened^ That whenever upon any final settlement in
Privilege of an auy Probatc Court of this State by any executor, ad-
i'8lratoror^«ua?--ministrator or guardian, a decree shall be rendered by
d**"*- the court against an executor, administrator or guardian
for the payment of money, the party against whom the
5 decree is rendered, may, either before or after the issu-
ance of execution on such decree, pay the amount there-
of to the Probate Judge rendering the same, in satis-
faction thereof ; and the Probate Judge receiving the
Liability of Pro. samc shall be liable on his official bond for the amount
bate Judge. ^^ rcccivcd, to any person or persons entitled to the
same ; and if the money so received be not paid to
the person or persons entitled thereto, on demand, such
person or persons may sue in his or their own name on
Sd7e™o7cr"° t^iG official boud of such Probate Judge, and recover
judgment against all or any of the makers thereof, for
the amount so received, with ten per centum damages
thereon, and eight per centum interest from the time
of the demand.
15 1861.
Sec. 2. Be it further enacted, That any Judge of Pro- ^^1^^,^ ^^^^^
bate who converts to his own use, or permits any other Probate Judge,
person to use any moneys paid into his office by virtue
of the provisions of this act, shall be liable to indict-
ment, and on conviction shall forfeit his office, and be
punished as if he had feloniously stolen such money.
Approved, December 7, 1861.
No. 11.] AN ACT
To amend Section 980 of the Code.
Sec. 1. Be it enacted by the Senate and House of Eepre-
sentativcs of the State of Alabama in General Assembly
convened, That section 980 of the Code of said State be,
and the same is hereby amended, by adding after the
"word "thereto," in the Hfth line of said section, the
words "or from some other medical board in this State,
or from the Medical College of Alabama."
Approved, November 11, 1861.
No. 12.] AN ACT
To amend section 1023 of the Code in relation to Run-
away Slaves.
Sec. 1. Be it enacted by the Senate and Home of Repre-
sentatives of the State of Alabama in General Assembly
convened, That hereafter it shall be the duty of justices jusUcesofPeacc
of the peace, before whom runaway slaves are brought, l°a°vt^s"oTe**c-
instead of committing them to jail, to order and direct iiveredap.
such slaves to be delivered to their owner, overseer, or
agent, in all cases where the justice is satisfied that the
name of the true owner is made known, and where the
resident of such owner, his overseer or agent, is nearer
than the county jail : Provided, That the owner, his Proviw.
overseer, or agent, shall on deliveiy of the slave pay the
fee, now allowed by law for arresting, and the compen-
sation licreinafter provided to the taker up, or sucli other
person as may have the custody of the slave, and in
case of the refusal or failure of the owner, his overseer,
1861. 16
or agent, to pay such fees and compensation promptly
on delivery, then it shall be the duty of the person
having charge of the slave, and the justice shall so in-
struct him, to carry the slave back to the office of the
justice, who shall forthwith commit him to the county
jail.
Duty of Justice Sec. 2. A7id be it further enacted, That where runaway
of commiuar** slaves are committed to jail, it shall be the duty of the
justice in such cases to endorse on the back of his war-
rant to the sherifl, the cost and charges for apprehend-
ing and bringing to jail, and to certify the same to the
owner, when delivery is made to him, but in no case to
exceed the amount allowed by law.
Compensation to Sec. 3. Aiid be it further enacted, That for bringing
rima°vay"o^au ^ I'^uaway slave to jail, the persons performing such
or delivering to scrvicc shall be entitled to the sum of ten cents a mile
owner. . . , r- 1 • -1 • •
in coming to, and returning from the jail, estimating
the distance by the nearest route, and ferriages, and to
the same compensation when the slave is carried to his
„ .... .master, or overseer, and the iusticefor his service shall
Fee of Justice of , ^^ i ,t r> n
Peace. DC allowcd tbc sum of seventy-five cents.
Penalty for false Sec. 4. And be it furthcr enacted, That any justice,
endorsement, ^t^q allows and cudorses ou the warrant or certificate
to the owner, larger or other fees and compensation, than
is now allowed by law, and by the provisions of this
act, shall be deemed guilty of a misdemeanor, and on
conviction, shall be fined not less than double the ag-
gregate amount endorsed, or certified, to be recovered
before any magistrate for the use of the owner.
Approved, December 7, 1861.
Nov. 13.] AN ACT
To amend Section 1580 of the Code of Alabama.
Sec. 1. Be it enacted by the Senate and House of Rep-
rcseniatives of the State of Alabama in General Assembly
convened, That section 1580, of the Code of Alabama,
be amended by striking out the words "United States,"
and inserting the "Confederate States."
Approved, December 4, 1861.
lii^tfUiiMiliilllMiiii
17 1861.
No. 14.] AN ACT
To amend Section 2025 of the Code.
Sec. 1. Be it enacted by the Senate and House of Rep-
resentatives of the State of Alabama in General Assembly
cmvened, That section 2025 of the Code of this State
be, and the same is hereby amended, by adding to said
section the following words :
And where there are several minors owning an indi- p,(,y,«i<,„3„.
vidual estate, in common, the probate court, on the '^°<'^''^-
petition of the guardian of such minors, and on being
satisfied that it would be for their interest, may author-
ize the guardian to keep the estate together for their
joint benefit, until the estate shall be divided, or until
such other time as the court shall direct; and the guar-
dian shall keep his accounts, and make his returns ac-
cordingly.
- Approved, December 4, 1861.
No. 15.] AN ACT
To amend Section 2033 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 2033 of the Code of said State
be, and the same is hereby amended, in the following
respects: first, by adding after the word "Congress,"
in the top line of said section, on page 389, the follow-
ing words ; "of the Confederate States"; and secondly-,
by adding after the word "contrary," in the 8th line of
said section, from the top of said page, these words :
"and the judge of probate shall be satisfied, upon sat-
isfactory proof being made, that it will be for the in-
terest of the minor."
Approved, December 7, 18C1.
1861. 18
No. 16.] • A^ ACT
To amend Section 2235 of the Code.
Sec. 1. Be it enacted hy the Senate and House of Repre-
sentatives of the State of Alabama in General Assembly
convened, That section 2235 of the Code be, and the
same is hereby amended, by striking from it the words
following, to-wit: "but a contract upon which it is
necessary to assign a special breach cannot be united in
the same complaint with a contract on which no such
breach is necessary."
Approved, December 7, 1861.
No. 17.] AN ACT
To repeal Section 2447 of the Code, so far as it applies
to Blount and Marshall, and other counties therein
named.
Sec. 1. Be it enacted by the Senate and House of Repre-
sentatives of Uie State of Alabama in General Assembly
convened, That so much of section 2447 of the Code
tob^'ad'verii"°i requiring property when levied on by the sherifl' to be
in newspaper in advcrtiscd iu a ncwspaper, be, and the same is hereby
repealed, so far as it applies to the counties of lilount,
Marshall, St. Clair, DeKalb, Jackson, Morgan, Coosa,
Limestone, Shelby, Henry.
Sec. 2. Be it further enacted, That the sheriffs of said
tlwd.'"""""'" counties shall hereafter publish their sales by written
advertisement, one at the courthouse door, and at three
Proviso. other public places in said counties: Provided, That if
either the plaintiff or defendant resides out of the
county in which such sale shall take place, it shall be
the duty of the sherift' to give five days notice of the
time and place of sale to such non-resident plaintiff or
defendant by mail.
Approved, November 24, 1861.
certain counties.
How to be adver-
19 1861.
Ko. 18.] AN- ACT
To amend Sections 2645 and 2649 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 subdivision 2, of section 2645 of the "insolvent" in
Code of Alabama be, and the same is hereby amended, ""'■'^''"^•
by adding after the word "insolvent" in the third line
of said subdivision 2, the words "or dead."
Sec. 2. And be it further enacted, That section 2649 of
said Code be, and the same is hereby amended, by add-Sed.*""* **
ing to that section the following words : "and in favor
of sureties, and co-sureties, against the executors or
administrators of the principal or of a surety."
Approved, December 6, 1861.
iTo. 19.] AN ACT
To amend Section 3576 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 3576 of the Code of Alabama
be, and the same is hereby amended, by striking out
the word "^tro" in the second line from the top on page
632 of said Code, and inserting the word "owe" in the
place thereof, and by striking out the letter "s" in the
word ^'■days'' in said line.
Approved, December 9, 1861.
No. 20.] AN ACT
To amend Section 3908 of the Code.
Sec. 1. Be it enacted by the Senate and Hmse of Rcpre-
n'ntires of the State of Alabama in Goicral 'Asgtmhly
■nvcncd, Ibat it shall be the duty of the lessee of the Duty on,
penitentiary, at least twenty da^s before the Ist day of
December in each year, to furnish the inspectors of the
penitentiary with a tabular statement such as is now
1S61-
20
required of the inspectors in section 8908 of the Code
of Ahibama, in their annual report to the Governor.
Sec. 2. Be it farther enacted^ That in case of a refusal
Penally for fail- ov failure ou thc part of said lessee to furnish such tab-
•"■*• ular statements as aforesaid, he shall be deemed guilty
of a misbehavior in office, and shall on conviction
"^ thereof be fined in a sum not less than fifty dolkirs, to
be recovered in any court having competent jurisdic-
tion thereof.
Approved, December 7, 1861.
No. 21.
AE ACT
To suspend the revision of the Code and the Acts
relating thereto.
Sec. 1. Be it ehacted hy the Senate and House of Bepre-
soitatives of the /State of Alabama in General Assembly
convemdy That the act to provide for the preparation of
a revised code, and the act altering and amending said
act and also the revision of the Code, be, and the same
are hereby severally suspended, until the termination
of the present war.
Approved, December 9, 1861.
No. 22.]
AN ACT
Period of gus-
peniion legal-
ized.
Proviso.
Ts authorize the suspension of specie payments by the
banks in Alabama, until twelve months after rati-
fication of peace.
Sec. 1. Be it enacted by the Senate and House of Bepre-
sentatives of the State of Alabama in General Assembly
convened, That the suspension of specie payments by
the chartered banks of the State of Alabama be, and
the same is hereby legalized, until the period of one
year after the close of the present war, and the conclu-
sion of peace with the United States : Provided, it shall
be the duty of said banks during the term of suspen-
sion hereby authorized, to receive at par the notes of
the Confederate States, commonly called Treasurv-
iiiiJtiiSkldiSL
■r'^lAlrAV
"21 1861.
notes, for all debts due them, paj-ablc at their own
counter, and the said banks arc authorized during said
term in" like manner to employ said Treasury notes in
paying their deposits, and in redeeming their own notes
or bills respectively.
Sec. 2. And be it further enacted, That it shall be law- R^te of intenst
ful for said banks, on all notes hereafter purchased or
discounted by them, to charge or retain interest at the
rate of eight per cent, per annum, without regard to
the length of time said notes may have to run.
Sec. 3. And be it further enacted. That the proviso in
,, ,, , • /• L 1 J.1 11 Proviso ofccr-
the seventh section ot an act, approved the second day tain act parusuy
of February, eighteen hundred and sixty-one, entitled '■'^'•*"''''*
"an act to legalize the suspension of specie payments
by certain banks of Alabama," be, and the same is
herebj^ repealed, so far as to entitle the banks to ret3eive
interest after the passage of this act on the bonds of
this State taken by them under the authority of the
said act of the 2d of February, 1861.
w Sec. 4. And be it further enacted, That it shall not be ^ot to charge
lawful for any bank of this State, while in a state of ^^^^^^^f^^l,';"^,
suspension, to charge exchange upon the renewal of
any note or bill discounted by such bank, no matter at
what point or place in this State such note or bill may
be payable, and any bank wdiich may discount any bill ^^ ^^^^.^^ ;j^
or note, no matter whether payable at its counter or own notes in
, 1 . T • f~.. . 1 11 • -i 1 -11 • the payment of
elsewhere in this State, shall receive its own bills m dobts.
payment thereof
Sec. 5. And he it further enaded. That it shall not be Premium fore*,
lawful for any bank of this State to charge more than chnngf limite*.
one-half of one per cent, premium for an}' exchange
payable at any point or place within this State.
Sec. 6. And he it further enacted, That the bills of Bmsorsufi-end-
the banks of this State whose suspension of specie pay- allie^orpui-ur
ments is hereby legalized, shall be received in payment <'>•"•
of taxes and otlici' public dues in this State, unless
otherwise directed by the proclamation of the Gover-
nor.
*^^ Sec. 7. And he it further enacted, That the Treasury con^der.u^
notes issued by or under the authority of the govern- bou-o recpivBbi*
ment of the Confederate States, shalTbe received j ,i '""n*" > • ■^*
payment for taxes and all other public dues in this
State: Proridcd, That the said banks shall not be en- Pr^vUo.
titled to the benefit of this act, except on the condition
that 'i 'ill loan totho ^''-/- -f Alabama the amount
1861. 22
of money requisite to pay the war tax, which shall be
ascertained against said State in proportion to their re-
spective capitals.
Approved, Dec. 9, 1861.
TTo. 28.] AN ACT
To authorize the several Banks therein named to
suspend Specie Payments.
Section 1. Be it enacted by the Senate and House of
Bejorcseniatives of the State of Alabama in General Assembly
Period ofsusp™.^^'^*''^'^^^? That the Bank of Selma and the Bank of
sion legalized. Montgomery may and are hereby authorized to suspend
the payment of specie on their bills until the first day
of June, 1862, and they shall not be liable for the de-
'* faults, forfeitures and penalties declared in sections
1393 and 1894 of the Code, and the Governor may, in
oertain penal- his discretion, extend the time of the suspension of said
pe^Dded^fo/Tm- paj'^ments, and the penalties and forfeitures in said sec-
itedtime. tious coutaincd, to the first day of the fourth week of
the next session of the General Assembly ; Provided,
ProTiso. That the benefit of the provisions of this act shall not
be enjoyed by any bank until its stockholders shall file
with the Comptroller of the State a statement in writ-
ing to be signed by each of them in person, or by his
or her authorized agent, of the number of shares or
amount of stock owned by said stockholders; nor until
Must purchase thc bank shall purchase, or shall have purchased at par
state bonds. ^^.^^^^ ^Yiq State of Alabama or the Governor, an amount
ot bonds of the State, issued since the first day of Jan-
uary, 1861, not less than fifty thousand dollars; which
purchase, if not already made or completed, must be
made or completed within thirty days from the approval
of this act, in order to come within the provisions of
this act.
Liability of each Sec. 2, Be it further enacted, That each member or
stockholder, stockholder in any free bank or banking association,
now organized under the free banking law of this State,
shall be liable for any default or legal liability of any
such bank, to an amount double the amount of his or
her stock held therein, and such list of stockholders
filed as required by the first section of this act, as well
23 1861.
as the statement required by and made in accordance
with section 1410 of the Code, shall be received as evi-
dence in any court of this State, as evidence of the
amount of stock owned in any such bank by the stock-
holders named in said list or statement.
Sec. 3. Be it further enacted, That the holders of the Ri^jht^ of holders
bills or issues of the said Bank of Selma, and the said "f ti'is of these
Bank of Montgomery, shall have all the rights and be
entitled to all the remedies against said banks and their
stockholders, that the holders of the bills or issues of
the chartered banks of the State have against said char-
tered banks, and their stockholders; and any stock-
holder in any of said free banks transferring his or her
stock therein shall, notwithstanding said transfer, be
held liable in manner and form according to the provis-
ions of the second section of this act, for any and all
defaults and legal liabilities of said banks occurring
before the expiration of twelve months after the date
of said transfer.
Sec. 4. Be it further enacted, That the Farmers' Bank p^.^^_^^^
of Alabama, a bank lately organized under the free tended to the
banking law of this State, located in the city of Mont- '*^''"°'" ^'""
gomery, be, and is hereby entitled to all the privileges
and immunities conferred by law upon the Bank of
Montgomery, or the Bank of Selraa, provided said
Farmers' Bank of Alabama, or its stockholders, shall
first comply with the provisions contained in the pro-
viso to the first section of this act; and all the provis-
ions of this act are hereby extended and made appli-
cable to the said Farmers' Bank of Alaliama; Frocided, Proviso.
further, That each of said free banks mentioned in the
several sections of this act, shall from the time it may
take or enjoy the benefit of the provisions of this act,
pay an annual tax to the State on each hundred dollars state t.ix.
of its stock equal to thrice the amount of the tax that
may be levied on land, which shall be in lieu of all
taxes levied on its stock by the State.
Sec. 5. Be it further enacted, That during the suspen- ranuicr to lire
sion of specie payments authorized by this act, any bill ^,;^y,fr'*'
holder holding the bills of any one of said banks to the
amount of fifty dollars or more, may, if payment of the
same in specie is refused at the counter of the bank by
which said bills were issued, deposit said bills in said
bank, and require the cashier to give him a certificate
of the amount of bills so presented, and that payment \
1861. 24
of the same was refused, and the date of said present-
ment and refusal ; and the said bank shall be liable to the
Dam^cs. holder of said certificate for the amount thereof, with
interest at the rate of eight per centum per annum up
to the time of resumption of specie payment, according
to the provisions of this act, then said bank, on the
presentation of the certificate, shall be liable to the
holder of such certificate for the amount thereof, with
twelve per centum interest per anunm thereon from
such presentation, until paid.
Penalty of Cash- Sec. 6. Bc it furthcr cnactcd, That if any cashier slwiU
ler for refusing, jv^^j qj. refuse to givc tlic Certificate required by the pro-
visions of the 5th section of this act, he shall forfeit and
pay to the. bill holder demanding such certificate, the
sum of one thousand dollars.
Approved, November 30, 1861.
4
No. 24.] AN ACT
To further suspend Specie Payments by the Free
Banks.
Section 1. JBe it enacted hy the Senate and House of
Hepresentatives of the State of Alabama in General Assembly
Period of sus- conveiied, That the suspension of specie payments by the
penEJon extend- ^.^i^i-^ ^^q^ organized and established under the free
banking law of the State of Alabama, be authorized
and legalized, until twelve months after peace shall be
ratified between the United States and Confederate
Proviso. States of America; Provided, That the stockholders of
any corporation which is, or may be a stockholder in
said bank, shall, in consideration of the immunities of
siockhoider. to this act, sigu an agreement to bo personally liable in
Mgn agreenient. proportion to tlic auiouut tlicy respectively own in said
corporations, in the same Avay as if they were directly
and personally stockholders in such bank; and that in
case of the transfer of any stock in such corporation,
which is a stockholder in such bank, the person so
transferring shall be liable for all the acts and doings
and responsibilities of such bank which arise for and
during the term of twelve months after such transfer,
to the same amount they would have been had such
transfer not have been made; and that such agreement
25 1861.
shall be filed with the Comptroller of this State, before
Buch bank shall be entitled to the privileges of this act.
Approved, December 7, 1801.
No. 25.] AN" ACT
To prevent Corporations from becoming stockholders
under the Free Banking law of this State.
Section 1. Be it enacted by the Senate and House of
Bepresentativcs of the State of Alabama in General Assemhly -^^ corpomtion
convened, That irom and after the passage of this act, it ^"^ ^e a stockuoi-
8hall not be lawful for any corporation to be a stock-
holder in any bank hereafter to be established under
the free banking law of this State ; and the Comptroller controller not to
shall not countersign an}" notes for any such free bank ^^""s"'''^"
hereafter to be established applying therefor, where any
corporation is a stockholder therein, directly or in-
directly.
Sec. 2. Be it further enacted. That all laws and parts „ ,. ,
r 1 J. • 2.1 • ■ r J.1 • J. 1 J Repealing clause
or laws contravening the provisions or this act be, and
the same are hereby repealed.
Approved, December 10, 18G1.
iS^o. 20.] AN ACT
To encourage the Manufacture of Salt in the State
of Alabama.
Section ]. Be it enacted by the Senate and House of Rep-
re«entativrs of the State of Alabama in General Assembly
convened, Tliat the Governor of this State be, and he is j^a^e tile si?!
hereby authorized to cause to be leased for a term, not ^p'''"^*-
exceeding ten years, any or all of the Salt Springs or
Wells in this State, which belong to the State, at pub-
lic or ]tnvate letting, as to him shall be deemed most
advisable ; which spring or springs, or saline wells,
b)h\\ be let, with such privileges of getting wood and^|'«e«o''
other appliances necessary for the manufacture of Salt,
on the }>art of the lessee, from the public lands of the
State, as may be agreed upon between said lessee or
1861. m
lessees and the Governor, for and on belialf of the State,
or as the Governor may advertise to accompany and
pertain to the lease, if such lease be made to the high-
est bidder at public auction.
Lessee to giyc ^^^- 2- ^^ it further enacted, That the lessee shall give
bond. bond to the Governor, in the penalty of five thousand
dollars, conditioned that such lessee shall commence as
soon as practicable, not exceeding three months from
the date of such lease, the manufacture of Salt at such
spring or saline well, as the case may be, and will con-
tinue the manufacture thereof to the expiration of his
said lease, or until the termination of the present war;
and that he will not at an}^ time, within the period of
^. , ,.^ . his lease, sell Salt manufactured at such spring or well
PriC6 0fs< fixed 1 o
so leased, for a sum greater than seveuty-five cents per
bushel, of fifty pounds, at the piece of its manufacture;
or if sold at other points, then only adding the actual
cost of transportation and insurance, and that he will
receive in exchange for it the usual currency of the
countr3\
Bonus of 10 cts. Sec. 3. Be it further enacted^ That for every bushel of
perbushei. gj^j^ of fifty pouuds SO made and sold to the citizens of
this State, the State agrees to pay to the lessee the sum
of ten cents; the evidence of such manufacture and
sale to be made to the satisfaction of the Comptroller
of Public Accounts, who thereupon shall draw his vvar-
Proviso. rant upon the Treasurer for the amount ; Provided, hoio-
ever, That no claim for such bounty shall be allowed
until it shall amount to the sum of five hundred dollars;
Provided, further, That said bounty shall be forfeited if
such lessee refuses to sell the same in small quantities,
so as to suit the convenience and supply the wants of
, ,, purchasers by the small. Provided, further, thiit siud sum.
Amount of bo- *^ „ •/ i i i n i i i i i .-.
nus limited. 01 tcu ccuts a bushel shall not be payable bj' the State
upon a greater number of bushels than five hundred in
any one year.
Approved, November 11, 1861.
21 .^'- 1861.
1^0 27.] AN ACT
To amend an act to encourage the Manufacture of Salt
in the State of Alabama.
Section 1. Be it enacted by the Senate and House of
Representatives of the Hate of Alabama in General Assembly
convened, That the blank in section 1, of the act of mencc In two"
which this is amendatory, be filled with the word two, months,
so as to require the lessee to commence preparing for ^^^^
the manufacture of salt within two months from the ^/KfW
date of the act under which the lease is to be obtained.
Sec. 2. Be it further enacted, That for the purpose of Governor au-
t • • 1 1 i 1 ^ _ thorized to ad-
mducing some responsible person or company to lease vance to lessee,
the saline springs or wells in the county of Clarke, and
to aid the lessee to commence the manufacture of salt
at the earliest day practicable, the Governor be, aud he
is hereby authorized to advance to such party or parties
as may lease said springs or wells, a sum of monc}' not
to exceed ten thousand dollars, to be expended by the
lessee in the purchase of the materials required to com-
mence operations, such as machinery, boilers and other
indispensable fixtures, and to secure fidelity in the use
of such advance, the Governor shall require the lessee i-es^ee to give
to enter into bond with good security to faithfully
comply with the provisions of this act.
Sec. 3, Be it further enacted, That to reimburse the pj^^g^^j^pg^
State for such advance as may be made under this act, bushel of bounty
the Governor shall be authorized and required to retain
out of the bounty fund five cents per bushel, until the
whole amount of the advance shall be returned to the
State.
Sec. 4. Be it further enacted, That in the event the ^.^^^.j.^,^^ ,^ ^g.
war should close before all the advance i.^ returned outii'"i"'fb part or
ot the bounty fund as herein provided, and the lessee oert.nin contin-
should abandon his lease at anytime after the termina-^"""^^"
tion of the war, in such case the Governor shall relin-
quish on behalf of the State such portion of the advance
to be made under this act as shall remain unrcfnnded,
and the lessee shall turn over to the State, free of charge,
all the improvements made upon the land of the State,
including the machinery, boilers, and all other fixtures
appertaining to the manufacture of salt used by said
lessee.
Approved, November 19, 1861.
1861. jn^^v:
No. 28.]
Supplemental to two several Acts, iu relation to the
Manufacture of Salt.
Section 1. Be it enacted by the Senate and House of
JRepreseyitatives of the State of Alabama in General Assembly
gofer^QOT^n^ieal'^ ^^'^^'^"^^^' '^^^^ the Govcrnor be, and he is hereby au-
ing the salt re- thorizcd if iu his judgment he may think it for the best
erva ions. interest of the State, to lease separately to different
persons the two salt reservations belonging to the -State,
in the county of Clarke, under the provisions of "an
act to encourage the manufacture of salt in the State of
Alabama," approved Nov. 11, 1861, and if in his opinion
it shall be advisable to lease the two reservations to the
same persons, it shall be his duty to secure the efficient
working of the salt springs on each reservation, and in
any case to reserve the right to any citizen of this State
to manufacture salt for his own use on either of said
reservations, so as to hinder the operations of the lessees.
Sec. 2. Be it further enacted^ That the said act shall
to$T?5p™rbu. be further amended, so as to authorize the lessees of
said salt springs to sell the salt which they may manu-
facture at $1 15 per bushel of fifty pounds, instead of at
seventy-five cents, to which said lessee is limited by
said act.
Governor to di- Sec. 3. Bc it further eimcted, That the Governor be,
prfation! ^^^^'^' ^^^ ^^® ^^ hereby authorized, to divide the appropriation
often thousand dollars, which was made by an act to
amend an act to encourage the manufacture of salt in
the State of Alabama, approved Nov. 19th, 1861, under
the provisions of the same, in such proportions as he
may think best, between the lessees of said two salt
reservations, if he shall deem it advisable to lease the
same to different persons.
Approved, Dec. 7, 1861.
20 1861.
Ko.29.] AN ACT
To authorize the Governor to take possession of all the
Salt in store, on shipboard, or held for sale in this
State, for the public use, and for other purposes.
Section 1. Be it enacted by the Senate and House of
Hepresentatii'cs of the State of Alabama m General A sscnibly
convened^ That whenever in the judgment of the Grov-Qo^eroorto
ernor, the public necessitv and public use require it, he '"''o p«"ession
. , ' , i , . , , ", '- . r. 11 1 1 . Of all the salt for
18 hereby authorized to take possession oi all the salt m public uac.
this State, which is stored, on shipboard, or held for
sale, for the public use; and to make such disposition ^fo^^oi^i'^P"*'*
of the same, as the public use and public necessity may ^.^ loyaiine-
reqnire; and he is hereby authorized to employ all the ccssary means.
means necessary to accomplish these purposes.
Sec. 2. Ajid he it further enacted, That iust compcnsa- ,. „„„
1 / 1 ■i'liii compensa-
tion shall be made to the owner or any salt which shall tion to be made,
be taken under the provisions of this act. If the com-
pensation shall be agreed upon by the owner and the
Governor, the Governor shall draw his warrant on the
State Treasurer, in favor of the owner, for the amount
eo agreed upon ; but if the owner and the Governor
shall fail to agree on the amount of compensation, at
the time the salt shall be taken, the sheriff of the county
in which the salt is taken, or his deputy, shall, on the
verbal request of the Governor, or of the owner, forth-
with summon a jury of twelve freeholders, or house- nlonfaryin^Mr-
holders, who, after being duly sworn by the sheriff, orj^j.^^^^^^^^^^"'
his deputy, to assess fairly the amount of compensation pcnsaiicn.
to be paid to the owner of the salt taken from him by
the Governor, shall proceed to assess by their verdict,
the amount of compensation so to be paid ; and for the
amount so assessed, the Governor shall forthwith draw
his warrant on the State Treasurer, in favor of the
owner, unless he shall elect to restore the salt to the
owner, which he is hereby authorized to do ; or, unless
an appeal shall be taken, either by the owner, or the
Grovernor, from the verdict of the jury, to the next
term of the Circuit Court of the county in which the
verdict is rendered; which appeal is hereby authorized i^^^^*"' ■*■ *•
to be taken, either by the Governor or the owner, within
five days after the rendition of the verdict, by the ap-
pellant giving security for the costs of the appeal, to be
approved by the sheriff, or his deputy, who shall have
1861. 30
summoued the jury; and when an appeal shali so be
^'**** taken, such sherift, or deputy, shall thereupon return
the verdict appealed from to the next term of the Cir-
cuit Court of his county; and the assessment of the
amount of compensation shall be made de novo.
Sec. 3. And be it further enacted, That when an appeal
shall be taken by the owner, as provided by the second
section of this act, if the amount of compensation as-
sessed in the Circuit Court be the same as that assessed
by the verdict appealed from, or less, the owner shall be
Owner taxed taxcd with all the costs; and execution shall be issued
tlincasesV"*''^'^" against him and his security for costs for the amount
thereof; but if the amount of compensation assessed in
said Circuit Court, shall be greater than that assessed
by the verdict appealed from, the costs shall be taxed
Costs against the against the Governor. And if the Governor shall ap-
Srcases/'*"'^' P®^1 from the verdict, as provided in the second section
of this act, and the amount of compensation assessed
in the Circuit Court shall be less than that assessed by
Owners taxed the vcrdict appealed from, the owner shall be taxed
with costs. with all the costs, and execution shall be issued against
him and his security for costs for the amount thereof;
otherwise, the Governor shall be taxed with the costs.
Sec. 4. And be it further enacted, That for the services
sheHffTnd' ju °'^ ^f *^^^ shcrift" Or his deputy, in each case provided for
rors, in the second section of this act, he shall receive five
dollars, to be taxed in the bill of costs; and each juror
who serves as provided by said section, shall receive one
dollar, to be likewise taxed.
Sec 5. And be it further enacted. That for any costs
or necessary expenses incurred by the Governor under
this act, he may draw his warrant on the State Treasurer,
as occasion shall require.
Governor to S^^- ^- -^^^ ^^ '^^ further enacted, That for the amount
draw his war- of compcusation asscsscd in the Circuit Court, on ap-
rantforcompen- ^ .\ t^ in i.- i i i
eation assessed.^ peal, the Govcmor shall, as soon as practicable, draw
his w^arrant on the State Treasurer, in favor of the
owner of the salt for which the compensation is as-
sessed.
$150,000 appro- Sec. 7. And he it furthtv enactcd , That for the pur-
pose of making compensation for any salt which shall
be taken by the Governor, under the provisions of this
act, and of paying any necessary expenses and costs that
may be incurred by the Governor, under the same, the
sum of one hundred and fifty thousand dollars, or so
m
priated.
31 1861.
mach thereof as shall be necessary, is hereby appropri-
ated out of any unappropriated money in the State
Treasury,
Sec. 8. And he it further eiiacted, That if any person Penalty for re-
shall, after the approval of this act by the Governor, u,e^a°fte*"'^'°'"
send or remove any salt from this State, or shall secrete
any, with intent to evade the provisions of this act, he
shall be guilty of a high misdemeanor, and on convic-
tion thereof, shall be fined in a sum not less than one
thousand dollars, and shall be imprisoned in the Peni-
tentiary for a period not less than two years.
Sec. 9. And be it further enacted, That from and after uniawrm to eeii
the approval of this act by the Governor, it shall be uu- uleK/"' °^
lawful for any person, except an agent of this State, or
of the Confederate States, to send any salt out of this
State, or to sell salt to any person, to be sent or carried
out of this State, without the consent of the Gov-
ernor.
Sec. 10. And he it further enacted, That any person
who shall violate any of the provisions of the eighth *°* ^*
section of this act, shall be liable to indictment, and on
conviction, shall be fined in any sum the jury may as-
sess, not less than five hundred nor more than five
thousand dollars ; and at the discretion of the jury try-
ing the case, may be imprisoned in the Penitentiary for
any period not exceeding five years.
Approved, Nov. 0, 1861.
No. 30.] AN ACT
To amend the 10th section of "An act to authorize the
Governor to take possession of all the Salt in store,
or on shipboard, or held for sale in the State, for the
public use, and for other purposes," approved Nov.
9, 1861.
Secttox 1. He it enacted hy the Senate and JLmsc of
Representatives of the State of Alabama in General Assembly
convened. That the 10th section of the above recited act,
be and the same is liereby amended by striking out the
word "eighth" and inserting in lieu thereof the word
"ninth.""
Approved, Nov. 16, 1861.
1861. 32
No. 81.] AN ACT
Declaratory of the meaning of "an act, entitled an act
to authorize the Governor to take possession of all
the Salt in store, on shipboard, or held for sale in the
State, for the public use, and for other purposes," ap-
proved Nov. 9, 1861.
Section 1. Be it enacted by the Senate and House of
Itcjyresentatives of the State of Alabama in General Assembly
convened, That none of the provisions of the above recited
act, was intended to apply or shall apply to any salt
brought or imported into this State since the passage of
said act.
Approved, December 9, 1861.
No. 32.] AN ACT
To amend an act therein named.
Sectiox 1. JDe it enacted hy the Senate and House of
rudUor' or'oon" ^^P'''<^sentatives of the State of Alabama in General Assembly
troiier. convcned, That section seven of "an act to authorize the
Governor to take possession of all the salt in store, on
shipboard, or held for sale in the State, for the public
use, and for other purposes," approved Nov. 9, 1861, be
so amended as that the appropriation ot one hundred
and fifty thousand dollars therein made, shall be payable
on the 'order of the Governor, on the Auditor of the
Treasury, or Comptroller of Public Accounts, as in the
case of military accounts, out of the monej's raised for
the military defense of the State, under acts approved
29th January and 2d February, 1861, or any other funds
in the treasur}'- not otherwise appropriated.
Sec. 2. And he it further enacted^ That wherever in
said act, the Governor is directed to draw his warrant
on the Treasurer, the same be so amended as that he
shall be directed to draw his order on the Auditor of
the Treasury, or Comptroller of Public Accounts, and
that the Auditor's or Comptroller's warrants drawn in
pursuance of such orders on the treasury-, shall be pay-
able out of the moneys raised for the military defense
33 1861.
of the State, as aforesaid, or any other funds in the
treasiny not otherwise appropriated.
Approved, December 9, 1861.
No. 33.] AN ACT
To Regulate Judicial Proceedings.
Section 1. Be it enacted hythe Senate and House of Rep-
rescntatwes of the State of Alabama in General Assembly
convened. That all existino- iud^raents and decrees for ^,
,, . c 111" r^• • i. /^i Lienon pri]Kr '
the payment of money, rendered by any Circuit, Chan-
cery, or Probate Court of this State, or by the City
Court of Mobile, or by the County Court of Montgom-
ery, or by any Justice of the Peace of this State ; and
all existing judgments on forfeited bonds, on which
judgment, decree, or forfeited bond an execution can
now be issued; and all judgments rendered by any of
said courts or justices hereafter; and all judgments on
bonds which shall be forfeited hereafter, shall be liens
on all the property of the parties against whom such
judgments and decrees have been or shall be rendered,
or who are or shall be bound by any bond having the
effect of a judgment, when forfeited, which is now sub-
ject to levy and sale, except the crops of such parties,
and such property as is consumable in its use, including
every description of live stock: and no lien of any
judgment, decree, or forfeited bond, shall be lost or im-
paired by the death of the party bound thereby, after
the approval of this act, nor by the insolvency ol his or
her estate.
Sec. 2. And he it further enacted, That if the defendant Dofendant msy
in such judgment, decree, or forteited bond, shall tender '""'"^ '*"'^"'
pa3'ment of the amount due thereon, to the creditor
therein, or his attorney of record, in current bank notes,
or in bonds or treasury notes of the Confederate States,
or of this State, and the creditor or attorney shall refuse
to receive them at their par value, the lien of such
judgment, decree, or forfeited bond, and of all execu-
tions thereon, shall thereby be discharged, and pre-
vented.
Sec. 3. And he it further enacted^ That any debtor de-
be rc'inored.
Ifo'.v nn esecu
Hon may ba
1S61. 34
siring to remove the lien of any such judgment, decree,
HA-.V a lien may oY forfeited bond, before payment of the debt, or making
the tender aforesaid, may do so by procuring at least
two good and sufficient sureties, to be approved by the
vj^ judge, chancellor, or justice in whose court the judg-
ment, decree, or forfeited bond remains, to confess
judgment in such court for the amount of principal,
interest and costs due thereon, from such debtor; and
such confessed judgment shall not be a lien, either on
the propert}^ of the principal debtor, or of his sureties;
nor shall any execution on such confessed judgment, or
on the original judgment, be a lien on the property of
any of the parties.
Sec. 4. And be it further enacted^ That if any execu-
tion upon any judgment, decree, or forfeited bond for
stayed. ' the payment of money, shall be in the hands^f an offi-
cer for collection, at the date of the approval of this
act, and the plaintiff therein, or his attorney of record,
will, in writing thereon, direct the officer to receive
payment of the interest and costs due thereon, in cur-
rent bank notes, or treasury notes of the Confederate
States, or of this State, at par value, the officer shall
proceed to collect such interest and costs, and shall then
return the execution "stayed by operation of law, as to
the principal." But if the plaintiff, or his attorney of
record, will not give such direction, the officer shall
return the execution to the court from which it issued,
"stayed by operation of law," and no other execution
shall be issued upon the same judgment, decree, or for-
feited bond, until the expiration of one year from the
date of the ratification of a treaty of peace between the
Confederate States and the United States; and any
property upon which such execution shall have been
levied, shall be restored by the officer to the defendant
Proviso, in execution. Provided, however, that this section shall
not apply to executions issued in attachment cases,
except as herein provided.
Skc. 5. And he it further enacted, That no execution
fsrut-l'ereXr':'' shall be issued upon any such existing judgment, de-
cree, or forfeited bond, nor upon any judgment or decree
which shall be rendered hereafter, without the written
consent of the defendant, until after the expiration of
one year from the date of the ratification of a treaty of
peace between the Confederate States and the United
Escertion. gtatcs, except in attachment cases, and for the interest
SS 18C1.
and costs due upon such judgment, decree, or forfeited
bond, and as licrein after provided, and in the following
cases: If the plaintiii in any judgment, decree, or for-
feited bond, or his agent, attornc}'-, or assignee, will
make aiiidavit before the ofliccr whose duty it shall be
to issue the execution, that the debtor in the judgment,
decree, or bond, is about to remove his property out of
this State ; or is about to dispose of his property fraudu-
lently; or has disposed of his property fraudulently; or '^'"^ *'"*'^'''
is about to dispose of his property so as to defeat the
lien of the judgment, decree, or forfeited bond; and
will give bond Avith at least two good sureties, to be
approved by such officer, in a peualt}'' of double the
debt, payable to the debtor, and conditioned as attach-
ment bonds are required to be conditioned, then execu-
tion may be issued on such judgment, decree, or for-
feited bond, and the same proceedings shall be had
thereon as if this act had not been passed.
Sec. 6. And be it furtlier enacted, That execution may Kx^eution may
be issued for the collection of the interest and cost duejfonungoncy*'"
upon any such existing judgment, decree, or forfeited
bond, as is specified in the first section of this act, or
upon any bond which shall be forfeited hereafter, or upon
an3\judgmen tor decree which shall be rendered hereafter,
whenever the plaintifl:' therein, or his attorney of record,
will, in w^riting thereon, direct the officer having the
collection thereof, to receive payment of the interest
and costs due, in current bank notes, or treasury notes
of this State, or of the Confederate States, at their par
value; and when the direction shall be so given, the
proper officer shall proceed to collect the interest and
costs due, accordingly.
Skc. 7. And he it furtlier enacted, That if it shall be
made to appear to the court, in any suit or proceeding
commenced after the approval of this act, upon any con- S"'i« may be
tract, express or implied, for the payment of money, '°""°"'' "
that before the commencement of the suit or proceed-
ing, the defendant, or defendants therein, or his or her
personal representative, tendered payment of the debt
in bonds or treasury notes of this State, or of the Con-
federate States, or in current bank notes; or tendered
payment of the interest due on the- contract, in current
bank notes, or treasury notes of this State, or of the
Confederate States, and that the plaintift' refused to
receive them at their par value, the court shall continue
1861.
36
Sixteenth sec-
tion debts.
No judgment
against volun-
teers.
the suit or proceeding, from term to term, for three
terms of the court, exclusive of the term at which the
suit or proceeding was commenced; and when judg-
ment shall be rendered in the cause, the plaintiff shall
be taxed with all the costs, and execution shall be is-
sued therefor. But if the defendant shall fail to prove
such tender, or that he has paid the interest due, he
shall be taxed with all the costs, if the plaiutift' re-
cover.
Sec. 8. And he it further enacted, That no sixteenth
section debt shall be put in suit before the ratification
of a treaty of peace between the Confederate States
and the United States, if the interest shall be paid with-
in ninety days from the date of the approval of this act,
and on the first day of every March thereafter, unless
the trustees of the township to which it belongs, or a
surety for the debt, shall require it to be done.
Sec. 9. And be it fu7-ther enacted, That no judg-
ment shall be rendered (except in attachment cases al-
ready commenced) against any citizen or resident of
this State who is, or shall be a volunteer in the actual
military service of this State, or of the Confederate
States, so long as he continues in such military service
as a volunteer, except in favor of a surety or endorser
of such volunteer, who has paid the debt since he vol-
unteered.
Sec. 10. And he it further enacted, That when a judg-
pdncipaundtlf- ™6nt or dccrcc shall be rendered hereafter on any con-
tere-st. tract for the' payment of money, it shall be the duty of
the court rendering the judgment or decree, to cause
the judgment entry to show the separate amounts of
principal and interest for which the judgment or decree
is rendered.
Sec. 11. And he it further enacted, Tha" if it shall be
proved in any suit upon an open account, or other un-
liquidated demand not sounding in tort, that the defend-
ant failed for thirty days after request, to pay, or give
his note for the demand, and the plaintiff shall recover
the amount which he requested the defendaiit to pay,
or give his note for, the defendant shall be taxed with
all the costs, and shall not be entitled to the benefit of
any of the provisions of this act; and the court shall
direct in the judgment entry that execution shall issue
"without stay or condition."
Sec. 12. And he it further enacted, That whenever in-
Court entry to
Suit upon open
account.
37 1861.
terest shall be paid, or collected, on any judgment, de- Kxecution mav
cree, or forfeited bond, in conformity to the foregoing issue uponraii"-
provisions of this act, and the defendant, or defendants, est! " '"■* '"
in the judgment, decree, or forfeited bond, or his, her
or their personal representative, shall iail to pay the
interest accruing afterwards, at the expiration of twelve
months from the date of the last payment of interest,
the plaintiff, or plaintitts, or his, her, or their personal
representative, may sue out execution on the judgment,
decree, or forfeited bond, and collect the interest due,
by a levy upon and sale of any of the property of the
defendant, or defendants, which shall be subject to levy
and sale; and may continue to do so until payment of
the principal shall be coerced, in conformity to the pro-
visions of this act. Provided, however, that before any Proviso.
such execution for interest shall l)e levied, the plaintiff
therein, or his attorney of record, shall endorse thereon
that the sheriff, or other ofHcer, as the case may be,
may receive in payment of such interest current bank
notes, or treasury notes of this State, or of the Confed-
erate States, at their par value.
Sec. 13. And be it further enncted, That no property i>eed8 of hum.
except such as is perishable in its nature, other than
slaves, conveyed by any existing deed of trust, or mort-
gage to secure the pajnnent of a debt, whether it con-
tains a power of sale or not, shall, without the consent
of the maker or makers thereof, be sold to pay the
debts secured thereby, until after the expiration of one
year from the date of the ratification of a treaty of
peace between the Confederate States and the United
States, exce^jt under a decree of a court of chancery, or
under execution upon a judgment at law upon tliedebt
secured by the conveyance; unless the trustee or mort-
gagee have actual possession of the property conveyed ;
and if it shall be made to appear to the court in any
suit either at law or in equity, to enforce payment of
the debt secured by any such conveyance, that before
the commencement of the suit, the maker or makers of
the conveyance, or his or their personal representative,
either offered to [-ay the debt due in coin, current l)ank
notes, or bonds, or treasury notes of tiie Confederate
States, or of this State; or offered to pay the interest
due on the debt, in coin, current bank notes or treasury
notes of tini Confederate States, or of this State, and
that the holder of the debt refused to accept the offer,
1861. 38
the court shall continue the cause from term to term
for three terms, exclusive of the term at which the suit
was commenced; and when a judgment or decree shall
be rendered in the cause, the plaintiii shall be taxed
with all the costs.
To becontinuod Sec. 1-1. And 1)6 it furtliev enacted, That any suit now
it interest IS j);u J ,. . c , \ /> i • r-i
pending in any or the courts or this State, to recover
propert}^ conveyed by deed of trust or mortgage, under
the provisions of an act entitled an act to regulate ju-
dicial proceedings, and for other purposes, approved the
8th of February, 1861, shall be continued from term to
term, until the expiration of one year from the date of
the ratification of a treaty of peace between the Con-
federate States and the United States, if, before the ren-
dition of a judgment or decree in such suit, the maker
of the conveyance, or his or her personal representative
shall pay, or offer to pay to the holder of the debt se-
cured thereby, all the interest due on the debt, either
in coin, current bank notes, or treasury notes of this
State, or of the Confederate States; and shall continue
thus to pay, or offer to pay, the interest due, annually,
after the first payment, or offer to pay, during the pen-
denc}^ of the suit; or shall tender payment of the debt
and interest, in current bank notes, or bonds, or treasury
notes of this State, or of the Confederate States, and
the holder of the debt shall refuse to receive them.
Sheriff, &c., not Sec. 15. And he it further enacted, That no sheriff,
habiefor ^'*""*- (.Q^^Qj^gj.^ qj. coustablc, shall be held liable for an}^ dam-
ages, over and above the principal, interest and costs
due on an execution in his hands, by reason of his hav-
ing failed since the first day pf April, 1861, to make the
money on such execution.
Sections of a ccr- ^EC. 16. And be it further enacted, That all the provis-
tain act repealed io,^g ^f ,^fj ^ct entitled "An Act to Rcgulate Judicial
Proceedings, and for other purposes," approved the 8th
of February, 1861, except sections 1, 4, 5, 6 and 7; and
the act explanatory of said act, approved the 9th of
February, 1861, be, and the same are hereby repealed :
Provided, hoivever, that all bonds taken in pursuance of
said act, shall remain valid ; and if the conditions be
not complied with, may be returned forfeited, as pro-
vided by said acts, and when forfeited, executions may
issue thereon, as provided by this act.
Sec. 17. And be it further enacted, That all the pro-
visions of the statute of limitations contained in article
39 1861.
1, of chapter xxi, part 3, title 1, of the Code of this g„gp^„^j^^ ^r
State, be, and the same are hereby suspended, until the pr^^'s'ons of the
. ' . ' ^ , , ,, r> ,1 1 . Oil .- statmc of limi-
expiration oi twelve months irom tlie date or the rati- tations.
fication of a treaty of peace between the Confederate
States and the United States, both at law and in equity,
so that the time elapsing during such suspension shall
not hereafter be computed : Provided, however, that no Proviso.
claim, right, interest, or cause of action which at the
approval of this act is barred by any provision or part
of any statute of limitation or non-claim shall be re-
vived or made good by anything contained in this act.
Sec. 18. And be it further enacted, That when a judg- nos^uiatiou ..r
meut shall be rendered in any proceeding by attach- bai'ance!" "^"^
ment, and the property on which the attachment was
levied shall not be sufficient to pay the debt, execution
for the balance of the debt shall be governed by the
rules prescribed by this act, in respect to other execu-
tions : Provided, however, that any citizen of the Con-
federate States who is attached as a non-resident, shall
be entitled to all the benefits and privileges of this act
to which other defendants are entitled.
Sec. 19. And be it further enacted. That if any levy written surges-
has been made under any execution, (except for taxes iJ^rHyVr"!"!!"."
or debts due this State.) any defendant therein, upon '>•
delivering to the officer holding such execution a written
suggestion that there is some irregularity or illegality
iu the execution, or in its issue, or iu the proceedings
under it, shall have the right to give a bond in double
the amount of the execution, with good security, to be
ap])rovcd by such officer, payable to fhe plaintilf in the
execution, and conditioned to pay to the plaintili" the
amount of the execution, and interest and costs there-
on, if the suggestion is not established as true; such
bond shall operate as a supersedeas, and shall be re-
turned with the execution to the court to which the
execution is returnable, with an endorsement on the
execution to this efiect, to wit: " Stayed by suggestion
and bond under the statute." The court to which such Court tries issue
return is made shall try any i^ue made up as to the
truth of such suggestion ; if the suggestion is estab-
lished as true, the court shall enter judgment amending
the defect or defects which may be shown, at the cost
of the plaintiff in execution, and dcclaiing the bond to
have the force of a judgment against all the obligors
therein, at the costs of the defendant in execution and
1S61. 40
his sureties. From any sueli judgment any of the par-
AM-eaiuiaybe ties may appeal within six mouths, eitlierto the Circuit
or Supreme Court, upon giving an appeal bond in double
the amount of the execution, payable to the appellee,
with sufficient security, and with condition to prosecute
the appeal to effect, and to satisfy such judgment as the
appellate court may render in the premises; which bond
may be approved by the justice, judge, clerk or register
of the court from which the appeal is taken, and shall
Pirviso. operate as a supersedeas : Provided, that all the provis-
ions of this section shall apply to executions or orders
of sale issued in cases commenced by attachment, or in
which attachments may have been or may be issued, as
fully as to au execution issued in any other kind of case.
Approved, December 10, 18G1.
.#
No. 34.] AN ACT
To amend the act, approved 8th Feb. 1861, entitled
" an act to regulate Judicial proceedings and for other
purposes."
Section 1 . J3e it enacted hy the Senate and House of Mepre-
sentatives of the State of Alabama in General Assembl;/
convened^ That the above recited act shall not be so con-
strued as to apply to any remedy in force prior to the
passage of said act regulating proceedings in cases of
forcible entry and detainers or unlawful detainers, but
the remedy in such cases shall exist as if said act of the
8th February, 1861, had not passed, any law to the con-
trary notwithstanding.
Approved, December 9, 1861.
No. 35.] AN ACT
To amend "an act to regulate Judicial Pisoceedings
and for other purposes," approved Feb. 8th, 1861.
Section 1. .7?e it enacted hy the Senate and House of
Jiepresentatives of the State of Alabama in General Assembly
convened, That section six of an act, entitled "an act
41 ' 1861.
to regulate Judicial proceedinsjs and for other pur-
poses," be amended by adding^he words "or of tbe^f '°"^^™^"''-
Confederate States" after the words "this State," in
the third line of said section.
Approved, December 10, 1861.
Hlo. 36.] AN ACT
To appropriate the balance of the Three Per Cent Fund
now in the Treasurj^ of the State.
Sec. 1. Be it enacted by the Senate and House of Repre- .^^^^^^^ app^^.
sentatives of the State of Alabama in Gejieral Assembly p^'^^i;^^^^^ A\a.
convened, That the three per cent iTind now on handersRaUroad.
and in the treasury, amounting to five thousand eight
hundred and sixty-one dollars and ninetj^-uine cents,
be and the same is hereby appropriated to the Alabama
and Tennessee Rivers Rail Road company on the terms
and conditions hereinafter mentioned.
Sec. 2. Be it further enacted, That the appropriation ,
1 1 11111 1 • 1- -i-i 1 -Appropriation
hereby made shall be taken in stock in said rail road taken as stock,
company in the name of the State of Alabama, in the
manner and on the same terms specified in the act of
the General Assembly, entitled " an act to appropriate
the unappropriated part of the two per cent, fund, and
a portion of the three per cent, fund," approved Febru-
ary 4th, 1850, and certificates of stock shall be issued
to the State of Alabama in the same manner for the
amount hereby appropriated as required by said last
mentioned act.
Sec. 3. Be it further enacted, That said sum hereby to be paid to the
appropriated, after tbe certificate of stock shall first iuVin payment
have been issued to the State of Alabama, shall in- °^ '"'"**•
etantcr be paid over to the Treasurer of the State in
part payment of the first interest that will be falling
due from the said Alaljamu and Tennessee Rivers Rail
Road on the loan heretofore made to said company un-
der and by virtue of the act of the General Assembly, .^^
entitled "an act to loan and appropriate the three ^^ ^
percent, fund and its interest," approved February 18, ^
1860.
Approved, December 9, 1861.
1861. 42
No. 37.] AN ACT
To make an appropriation for tlic payment of Interest
on State Bonds.
•"^ Sec. 1. Beit enacted hy the Senate and House of Repre-
sentatives of the State of Alabama in General Assembly
tl^l'^t^^l^^^'^ convened, Tliat an appropriation be and the same is
hereby made from any moneys in tlie treasury not other-
wise appropriated, of such sum as may be necessary to
meet the interest on coupon bonds heretofore author-
ized to be issued by the State of Alabama, payable at
the State Treasury and at the Bank of Mobile, as the
same becomes due and payable, and that the Comp-
draw warranun troller of Public Accouuts bc aud he is hereby required
state Treasurer, ^q draw his Warrant therefor on the State Treasurer in
favor of such person or persons as are entitled to re-
ceive the same.
Approved, ISTovember 11, 1861.
No. 38.] AN ACT
To Suppress Monopolies.
Sec. 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of Alabama in General Assembly
jsofcrsoniohuy cojivened, That no person or persons shall buy up live
t'oVoJTu^escM- stock, or any commodity whatsoever, with the intent
*^''^" to produce a scarcity of the same in the market, so that
by reason of such scarcity he may obtain a higher price
therefor.
^ , . ,. Sec. 2. Be it further enacted. That no persons shall
Combinations , . , , . / t • c-
not to do it. combine to buy up live stock, or commodities oi any
kind, with intent to produce a scarcity thereof in the
market, so that by reason of such scarcity they may
Meaning of word obtain hii^her priccs therefor; and by the word "market"
m this act is meant not only places where live stock or
commodities are brought together for sale, but anywhere
in town or country where such things are produced, or
sold, or wanted.
Judge to charge Sec. 3. Bc it further enacted, That the judges of the
grandjuries. geyeral circuit courts of this State shall give this act in
charge to the grand juries, who shall inquire into and
43 - , , 1861.
present all violations of this act, and any person con- p^^j^^ji^ ^^i. ^j^
victed on indictment or presentment, under this act, lationbr this act.
may be lined, at the discretion of the jurj', and impris-
oned not exceeding one year.
Sec. 4. Be it farther enacicd, This act shall be in f<>i'ce p^^j^^^^ ^^^
from the date of its passage to the end of the pending force of the act.
war between the Confederate States and the United
States : but the termination of the war shall not abate
any prosecutions then pending:, nor shall it be a bar to ''"^■'"""A''*'" J*.^
i' . I . , i ~ . . , n a r not to abate
the institution of new prosecutions for any violation ot prosecution,
this act that may have been committed during the war.
Approved, iSTovemberll, 1861.
No. 39.] AJ^ ACT
To Prohibit Buying under False Pretenses.
Sec. 1. Be it enacted hy the Senate and House of Repre- |°°'^^ot'"to'hc'
sentatkes of the State of Alabama in General Assembly bougiiton feiso
convened, That no person shall buy any articles of food '"^''"'^"'^'''
or clothing, or any other property, upon the false pre-
tense that he is employed or authorized to do so by the
Confederate States of America, or any one of said
States, or by any individual, society, partnership, or
corporation, engaged in manufacturing or preparing
arms, munitions, or other warlike stores, or food,
clothing, or other material, for the use of the soldiers
afore.'^aid, or upon the false pretense that lie is buying
any of the articles or property aforesaid for the use or
benefit of the Confederate States, or any of them, or
for the use or benefit of the soldiers thereof, whether
he pretends to have authority to do so, or not, and
whether the person buying under false [tretense afore-
said shall pay for the ]iioperty so bought at the time of
the purchase, or shall buy the same on credit, shall
make no diflerence at what price he may have obtained
any of the articles or property aforesaid.
Skc. 2. Be it further enacted. That grand juries ^ ^^
shall in(]uire into all violations of this act, and the act vio-
shall bi- given in charge by the circuit judges, and to
enable them to do so, the said grand juries shall have
all the powers, and be subject to all the duties imposed
by the penal code of tl '
1861. 44 ^^_
Sec. 3. Be it further enacted, That whenever any errand
An aggrar at ert , in V c ■\ • t
case 10 be tried juFj shall make a presentment, or tin d an indictment
eony. uj-^^gj. tJiis act, and shall believe that the offense is so
aggravated as to deserve imprisonment in the peniten.
tiary, they shall endorse on the presentment or indict-
ment "aggravated," signed by their foreman, and then
the trial shall be conducted as in cases of felony, and if
the defendant is found guilty the jury may find that he
be imprisoned in the penitentiary not less than two nor
Penalty. morc than five years, or that he pay a fine to be assessed
by them at discretion, or be imprisoned in the county
jail not exceeding one j^ear. If the indictment or pre-
sentment is not endorsed "aggravated," then the trial
other cases to be shall bc couductcd as in cases of misdemeanor. If the
demeanor"™'* defendant pleads not guilty, and the verdict shall be
against him, the jury may assess the fine at discretion,
Penalty. or the court shall imprison the defendant not exceeding
one year. If the defendant pleads guilty, the jury may
assess the fine, and the court the imprisonment, as
aforesaid.
Act in force du- Sec. 4. Be it further enacted, That this act shall be
in -force from its passage till the end of the present war
between the Confederate States and the United States,
but any violation of it during the war may be prosecu-
ted notwithstanding the termination of the war.
<Approved, November 11, 1861.
ring tlie present
war,
No. 40.] AK ACT
To Suspend for a Specified Time the Operation of the
36th Section of the Ordinance "In Eelation to the
Waste and Unappropriatted Land in the State of
Alabama," Adopted March 20th, 1861.
Sec. 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of Alabama in General Assembly
convened, That the 36th section of the ordinance "In
relation to the waste and unappropriated land" in the
State of Alabama," adopted March 20th, 1861, be and
the same is hereby suspended and declared inoperative
during the continuance of the war with the United
States, and for one year thereafter.
Approved, November 8, 1861.
#* 1861.
Ko. 41. AN ACT
To provide for carrying out the requirements of Section
34 of ail Ordinance "in relation to the waste and un-
appropriated Land in the State of Alabama," adopted
20t.h March, 1861.
Sec. 1. Be it enacted by the Senate and House of i?ep- commiesioner to
resentatives of the State of Alabama in General AssemUy *^"'i''">' '='«'''^«-
convened, That the commissioner of public lands is
hereby authorized to employ any number of clerks
which he may find it necessary to assist in issuing and
recording patents for lands entered or located prior to
the 11th January, 1861, and to charge for each of said
patents issued the sum of fifty cents, to be paid by the Fee of fifty cents
i- 1 • r 1.1 i. i. T> -J J mi i. for each patent.
party applying tor the patent: jrroiiaedy Ihat any per-
son who has made several entries or locations for which
no patents have issued shall not be required to pay onc patent for
more than fifty cents for the patent of such several en- scleral entries
tries or locations : and, Provided further, That if the
fees so received exceed in any one year two thousand Kxeess of $2000
dollars, the excess shall be paid by the commissioner siatc'tr'^asury!*°
into the treasury of this State ; and Provided, also, proviso.
that all the expenses of preparing the patents shall be
paid out of said fees, to be received as aforesaid : Pro- Another proTieo.
vided further, no patent shall be issued, except upon
the a]iplication of the part}' legall}- holding the certifi-
cate of purchase and on return of such certificate.
Approved, December 10, 1861.
No. 42.] AN ACT
To compensate the receivers of public moneys at cer-
tain District Land Offices in Alabama, and iu rela-
tion to canceled entries.
-^KC. 1. Be it enacted by the Senate and Home of Bep-
ntnflves of the State of Alabama in General Assembhj ^ ,, „ „,
, „,.■' , •'. r. I ^• 1 Compensation of
convened, 1 hat tlie receivers or public moneys at the ctrtain rcccucre
district land offices, located at Elba, Greenville, Ilunts-
ville, St. Stephens, and Tuscaloosa, shall be entitled to
■ipcnsation at the rate of five hundred doUarn per
. ..urn, aud cue per centum on the receipts for public
r
1861.
m
Proviso.
lands at those offices for their services since the adop-
tion of the ordinance in rehition to the waste and un-
appropriated land in the State of Alabama : Provided^
That the salary of no receiver of public moneys shall
exceed the amount received at his office from the sale
of public lands, and the commissioner of public lands
is hereby authorized and required to allow such com-
pensation to said receiver : Provided, That such persons
shall only be paid for the length of time during wliich
they shall have actually performed duties as such re-
ceiver, of which services satisfactory evidence shall be
made to the commissioner of public lauds : and, Pro-
vided further , that they shall receive no pay or compen-
sation for any services they may hereafter render.
Sec. 2. Be it further enacted, That in all cases where
entries have been improperly made at any land ofHce
in the State, of lands donated by the Congress of the
United States to any railroad compan}^, and which en-
tries have been canceled, the amount of money paid
for the entry of such land shall be refunded back to the
person paying the same, by the receivers of said land
offices, out of any public monies in their hands, on ap-
plication of the party entitled to the same : Provided^
The party applying has not heretofore received his
money.
Sec. 3. And be it further enacted, That said receivera
cBeeVmone^MD shall also refuud to any person any amount of money
bo refunded. ,i„, , i '^S i4.-i
that may have been overcharged to said person on any
entry heretofore made at said offixes out of an^'- public
moneys in their hands on the application of the party
entitled to the same.
Approved, December 10. 1861.
Money for en-
tries ia certain
cases to be re-
ftudcd.
Proviso.
In orer.charged
No. 43.] AN ACT
To require the Registers and Receivers of Public Lands
in this State to receive in payment for lands entered,
the current notes of the banks of this State, the
Treasury notes of the government of the Confede-
rate States and of this State.
Sec. 1. Be it enacted hy the Senate and House of Rep-
resentatives of the Slate of Alabama in General Assembly
47 1861.
convened) That hereafter the Register and Receivers of
the several land offices in this State shall be required to
receive in payment for all public lands entered at their
offices the current notes of any of the chartered or free
banks of this State, and the Treasury notes of the gov-
ernment of the Confederate States and of this State.
Approved, November 28, 1861.
]Slo. 44.] AN" ACT
In relation to the location of Bounty Land Warrants.
Sec. 1. lie it enacted by the Senate and House of Rep-
resentatives of the State of Alabama in General Assembly
convened. That all warrants for military bounty land g's*"'^^""''""""
issued under any law of the United States, and which
were held and owned by citizens of this State on the
11th of January, 1861, arc hereby declared to be as-
signable according to such form as may be prescribed
by the commissioner of public lands, so as to vest the
assignee with all the rights the owner of the same had
on said 11th January, 1861.
Sec. 2. Be it further enacted. That said warrants may way be located
11,11 -1 ii'i- . !• "Pon .iiiy public
bo Jocatea by said owners, tneir heirs, executors, admin- lan.i subject to
istrators or assigns, upon any of the public lands of the '"''''"''' '^"'''^'"
State subject to private entry according to the legal
subdivisions thereof, taking said land at the price at
which the same is subject to private entry, and reckon-
ing the warrants at one dollar and twcnt3^-live cents per
acre for the number of acres therein contained, and
said warrant may be located upon separate bodies of '^'*y''« '"<='i'<^**
11 • i. 1 xi 1 1 1 J.1 ,. "Pon si'pi'nitc
land, or in one body, as the holder or owner thereot bodies of land.
may desire : Provided, That such holder or owner of a-^''"''""'
bounty land warrant shall be required to take up or
enter the full amount of lands called for in his warrant
when he applies to locate tlie same or give it up to be
canceled for any overplus.
Approved, December 9, 1861.
1861. 48
Ko. 45.] AN ACT
To Lesralizc Certain Entries of Land.
Sec. 1. Be it enacted hy the Senate and House of Hep^
resentatives of the State of Alabama in General Assembly
convened, That all entries of land which may have been
^ made within fifteen miles of any railroad in this State
V- under the provisions of the 36th section of an ordinance
in relation to the waste and unappropriated lands in the
State of Alabama, approved March 20th, 1861, be and
the same are hereby legalized and made valid.
Approved, December 9, 1861.
Time fixed for
No. 46.] AN ACT
In Eelation to Certain Public Lands in this State.
Sec. 1. Be it enacted by the Senate and House of Rep-
resentatives of the State of Alabama in Oenral Assembly
htn.tT&Cvi!viXo. convened, That the Central Railroad Company, or their
to locate laads. j^ggigQees be and arc hereby required to locate, select
and designate the portions of the public lands in this
State granted to said companj^ by the government of
the United States, within nine (9) months from the date
of the approval of this act in conformity to the provis-
ions of said grant,
Aaer that time Sec. 2. Bc it further enacted. That from and after the
from markeuo cxpiratiou of uiuc (9) mouths from the date of the ap-
v=A"E'*''"'''Pi'0V''^^ of this act all lands which have been withheld
irom entry and sale to enable said company to make
such location and designation, and not so located, se-
lected and designated, shall be subject to entry as pro-
vided by the 29th section of the " Ordinance in relation
to the waste and unappropriated lands in the State of
Alabama."
Sec. 3. Be it further enacted, That all the provisions
of this act shall apply to the North and South Alabama
Railroad, and to the lands which have been withdrawn
from the market for the benefit of said railroad.
Approved, December 9, 1861.
1861.
49
JSTo. 47.] AK ACT "
To make transcripts from Land-Offices evidence in
Certain Cases.
Sec. 1. Be it enacted hy the Senate and House of Ren-
resentativesof tlie State of Alabama in General Assemhlv
convened, That transcripts of any official book, official transcripts c
nffi7'-''V?"^J'/^''' ^°^.^"^^"t pertaining to any land- ImVvTarc^e^
office in this State, certiiied by the Register of such
Jand-office, shall be received as prima facie evidence of
the tacts contained in such transcripts so certified in all
the courts of this State.
thf offioo Ifoi'l^'"*' f'ri'"''^ ^' ^'^''^ "^ transcript from no transept
tne office books of the department and other office ^'"""' *='=<=«'
books of the United States given and obtS sinL ^^^c^e fi.^^^^^^^^
lllV ^^T^''T''fr^^'^^^''^^ of Alabama to v^\t : ^k^Hl^ ^r^
since the 11th day of January, 1861, shall be received "'^"^'■•
in evidence hi any of the courts of this State durino-
the continuance of the war between the United Statcl
and the Confederate States, any law to the contrary not-
withstanding. *'
Approved, December 9, 1861.
books
iven
Janu-
No. 48.] AN ACT
Fixing the time of the meeting of the General Assem-
bly of the State of Alabama.
Sec. 1. Be it enactedhythe Senate and House of Bcpre-
Z"'^*''fw/^'^''y ^^"^^^'« ,.„, General Assembly
convened Ihat hereafter the sessions of the General
Assembly shall commence and be holdcn on the second
Monday in November, in each and every vear
Approved, December 9, 1861.
4
1861. go
:So. 49.] AN ACT
To prohibit the taking of Mileage for constructive
travel between the adjournment of the Called Session
and the meeting of the Hegular Session of the Gen-
eral Assembly.
Section 1. Be it enacted by the Senate and House of
Bcprcsentatives of the State of Alabama in General Assembly
convened^ That it shall not be lawful for any member of
either the House of Representatives or Senate to charge
or receive mileage for any travel between the adjourn-
' meut of this extra session and the assembling of the
two Houses in regular session on the 11th day of No-
vember, 1861. Nor shall any mileage be charged or
received betw^een the adjournment of any called or
regular session and the assembling of any regular or
called session, when the interval between the two ses-
sions shall not be more than four days.
Approved, Nov. 6, 1861.
No. 50.] AN ACT
To change the time of the election of Representatives
from Alabama to "
States of America
from Alabama to the Congress of the Confederate
Section 1. Be it enacted by the Senate and House of
Rej)resentaiwcs of the State of Alabama in General Asfiembly
convened^ That the time of holding the elections for
Representatives from Alabama to the Congress of the
''Confederate States of America," shall be on the first
Monday in August in the year 1^63, and on the same
day every second year thereafter: subject to all the
rules and regulations now in force for the holding of
such elections.
Approved, December 10, 1861.
51 1861.
No. 51.] AN ACT '
To continue the office of Commissioner and Trustee for
closing any remaining unsettled business of the State
Bank and Branches, and to provide for the payment
of the Foreign debt of the State.
Section 1. Be it enacted by the Senate and House of
Representatives of the State of Alabama in General Assembly
convened^ That John Whiting be, and he is hereby con- Joim whiung
tinned in the office of Commissioner and Trustee, ^q *'''°'''""'^'''
settle any remaining business of the State Bank and
Branches, and to provide for the payment of the foreign
debt of the State and the interest thereon, with the ,
same powers heretofore conferred upon him by law: •"■
Frovidcd, he shall give bond and security, as heretofore Proviso,
provided by law, for the faithful discharge of his duties :
And provided further, That this act shall remain in full
force until otherwise directed by the General Assembl}'.
Sec. 2. And be it further enacted, That the compen-compenBation.
sation of said Commissioner shall hereafter be at the
rate of one thousand dollars per annum, instead of the
salary now fixed by law.
Approved, December 4, 1861. i^
No. 52.] AN ACT
To authorize Executor.'?, Administrators and Guardians
to rent land, and to amend section 1750 of the Code
of Alabama.
Sec. 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of Ahdtama in General Assembly M«y rent un.i.
convened, That wlienever the estate of a decea.'^ed per-
son, or the estate of a per.-on under guardianship, is or
shall be authorized to be kept together for any specified
time, the probate court having jurisdiction of the estate
may, upon the application of the executor, adniir)istra-
tor or guardian, authorize him or her to rent land for
the l)enofit of tlie estate: I'rovidcd, however, Tliat jtroof
shall first be made in the court, that there is not enough
of cleared laud belonging to the estate to cultivate, or
1881. 62
that the interest of the estate requires that land should
be rented for its use.
Bectioni750 Sec. 2. Be it further enacted^ That section 1750 of
the Code of Alabama be, and the same is hereby amend-
ed, by striking out of said section " on application to
and an order from the court."
Approved, December 5, 1861.
amended.
No. 53.] AK ACT
To allow compensation to Executors, Administrators
and Guardians, in certain cases.
Section 1. Be it enacted by the Senate and House of
JRepresentaiives of the State of Alabama in General Assembly
Commisaions on coiwencd, That from and after the i3assaa:e of this act, on the
property distn- .' nn i T -i i i
buted. appraised value ot all personal property distributed and
on the amount of money and solvent notes distributed
by executors and administrators, they shall be allowed
the same commissions as upon disbursements.
ou final settle- Sec. 2. Be it further enacted, That upon all final set-
'°*'° ■ tlements by guardians, they shall be allowed commis-
sions as upon disbursements on the value of property,
the amount of solvent notes, and the amount of money
decreed to be paid over to the ward or to the succeed-
Proviso. ing guardian ; Provided, That the judge of probate al-
lowing said commissions, shall, in his sound discretion,
be of opinion that the same are not unreasonable under
all the circumstances, and that not more than one per
cent, commissions be allowed on distribution of proper-
ty' in specie, above the amount of twenty thousand
dolhirs.
Approved, December 7. 1861.
53 1861.
No. 54.] AN ACT
To authorize Executors, Administrators, Guardians and
Trustees, to make loans to the Confederate States,
and to purchase and receive inpayment of debts due
them, bonds and treasur}^ notes of the Confederate
States or of the State of Alabama, and coupons which
are due on bonds of the Confederate States and of
said State.
Sec. 1. Be it enacted by the Senate and House of Hep-
resenialkes of the State of Alabama in General Assembly
convened, That executors, administrators, guardians and ^ay subscribe to
trustees, may subscribe money or produce of estates 'f>«ns.
committed to them, respectively, to any loan that has
heretofore been called for, or that shall hereafter be
called for during the war now existing b}' the Confed-
erate States of America, without incurring any personal
'responsibility by so doing; and the bonds or treasury Bonds or treasu-
notes whijh shall be received for such subscriptions, '"^"°'''^'^*^*^'*'
shall be assets of the estates for which the subscriptions
shall be made, and be accounted for as such.
Sec. 2. And be it farther enacted, Thai no executor, Not uabie.
administrator, guardian or trustee, shall be held per-
sonally liable to the estate or cestui que trust, respec-
tively, on account of any subscription of either money
or produce heretofore made by him as such executor,
administrat "T, guardian or trustee, to any loan that has
been called for by the Confederate States ; and the
bonds or treasury notes which have been or shall be
received for any such subscription, shall be assets of
the estate for which the subscription was made, and
shall be accounted for as such.
Sec. 3, And be ii further enacted, That all guardians, Mnypunhaw,.
executors, administrators and trustees, may piHX'hase [';|.°j,';°y'"^;;^^':*]'''
bonds of the Confederate States, or of the State of
Alabama, for the estates they respectively represent,
and may receive in payment of any debts due them as
such, or due the estates they rcs[icctively represeiit, the
treasury notes of said Confederate States and of said
State ; the. bonds of said Confederate States and of tiai<i
State ; and coupons which are due on bonds of said
Confederate States and of said State.
Sec. 4. And be it further enacted. That all bonds pur- ^^^^ _,.„,,;,„,
chased or received as aforesaid, shall be credited to the
1861. 64
gaardian, executor, administrator or trustee, at the
amount actual!}- and bona fide paid for them, or at wh'ich
they shall be bona fide received in payment ; and all
To be reported, bouds SO puTchascd or rcceivcd shall be reported by the
executor, administrator, guardian or trustee, to the court
having jurisprudence of the estate he represents, within
♦ sixty days after the purchase or receipt in payment of
the same, unless good cause shall be shown to the proper
court for not making the report within that time, or
they shall not be so credited.
,. , Sec. 5. And be it further enacted. That all laws and
Repealing clause , /? i , "^ • .-, ' • • r j-V • <.
parts or laws contravening the provisions of this act
be, and the same are hereby pepealed.
Approved, November 9, 1861.
No. 55.] AN ACT
To provide for publication in certain cases.
Sec. 1. Be it enacted by the Senate and House of Bepre-
sentatices of the State of Alabama in General Assembly
May publish in convencd^ That whenever publication has been directed
adjacent news- ,i i- i_- ^ ^ ,\ i
paper. to DC made in a particular newspaper by the order or
decree of any probate, chancery or circuit court of this
State, and such publication has not been or cannot be
completed by reason of the suspension or discontinuance
of the newspaper in which publication was directed,
then and in that case it sball and may be lawful to make
publication in some adjacent or convenient newspaper,
and also at the courthouse door of the county in which
the paper wherein publication was directed, was pub-
lished, and two other public places in the county.
Diacretion of of- ^^^* 2. Bc it farther enacted, That if such publication
ficer. ^vas for the sale of property or the pertorraance of any
particular duty or thing at or within a certain specified
time, and the publication by reason of the suspension
or discontinuance of the newspaper in which publica-
tion was to be made cannot be completed by or within
the time set, then it shall and may be lawful for the
sheriif, register, or other officer or party, whose duty it
is to make publication under the order or decree of the
court, to give notice for the sale or performance of such
duty or act, as required in any such order or decree, at
65 1861.
as early a day as practicable after the completion of
publication as required in the preceding section of this
act ; and sale or performance of any duty or act under
and in obedience to such publication, sliall be as valid
and binding as if had or done under a strict compliance
with the order or decree of the court as to publication.
Approved, December 9, 1861.
No. 5G.J AN ACT
To explain an act, approved February 5th, 1856, en-
titled an act to amend an act, approved February
16th, 1854, and to extend the jurisdiction of the
Probate courts of the several counties of this State.
Sec. 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of Alabama in General Assembly
convened^ That the true intent and meaning of the third True intent or
section of said act is, that not only the sale of the prop- '^®*^*"'° ^'
erty therein provided for shall be conducted in all re-
pects as is done when property in the hands of an ex-
ecutor or administrator is to be distributed, but that
the collection of the purchase money, the conveyance
of the title and all proceedings subsequent to such sale,
shall be conducted in like manner.
Sec. 2. Be it further enacted^ That the commissioners commisgioncrs
acting under said statute may discharge themselves {lleLeive''8*fron
from all liability for moneys received by them for prop- "'*''''''-^
erty sold under said act, by paj'ing over the same into
the hands of the Judge of Probate, having deducted
therefrom the cost and expenses attending the sale, in-
cluding the same commissions as executors or adminis-
trators receive for collecting and disbursing, and such
nett proceeds shall be distributed by the said Judge of
the Probate Court to the persons respectively entitled.
Approved, November 11, 1861.
1861-
Register may
make settle*
ments.
IJow lnaBl^
Appeal may 'be-
taken.
Fees of Register.
No. 57.]
66
AN ACT
To authorize certain settlements in zhe Probate Courts,
of this State.
Sec. 1. Be it enacted hy the Senate and' House of Rep-
resentatives of the State of Alabama w General Assembly
convened, That hereafter, whenever any Probate Judge
of this State shall be incapacitated undep the provisions
of section 560 of the Code, from making the adminis-
tration settlements of any county adminffitrator, it shall
be lawful for the Register in Chancery of the district
in which the county of such Probate Judge is situated,
to make said settlements as if he were tlie Probate
Judge.
Sec. 2. Be it further enacted, That the said Register
shall make such settlements in the probate eonrt with-
out the removal of the original papers or records from
said probate cou^t; and all orders, decrees, and judg-
laeuts therein made by said Register, may be appealed
from, revised and enforced, as if they were the orders,
decrees, or judgment of said court.
Sec. 5. Be it further enacted, That said Regi&ter shall
be entitled to receive for his services in making said
settlements, tla-e fees allowed by law to the Probate ■
Judge for feiriiilar services.
Approved, De^cember 9, 1861.
No. 58.]
AN ACT
To enlarge- tte jurisdiction of the several Probate
Courts of this State.
Section 1. Be it enacted by the Senate and House of
Representatives cf the State of Alabama in General Assembly
bius^may be%s- coucened, That the several Probate Courts of this State
'.ended, ^^^ j^^^j r^j.Q jiereby empowered, on the application of
the legal representative, or representatives, of any de-
ceased person er estate, to authorize such representa-
tive, or representatives, to extend the paymcDt of any
note, bond for the payment of money, or bill of exchange
made by his, her or their testator, testatrix,, or intestate
in his or hei: bfe-time, or any part of such 2aj.ote,, biaad o^s: ■
57 1861.
'"bill of excliange, by such representative or representa-
tives executing his, her or their note, bond for the pay- now.
iiieut of money, or bill of exchange, in his or her repre-
sentative capacity, in the place or in lieu of such note,
bond or bill of exchange of such testator, testatrix or
intestate as aforesaid.
Sec. 2. Be it further enacted, That said courts shall p^j^^g^g ^f^i^e
have and are hereby vested with the povrer, on suchc^^^i*-
application as aforesaid, to authorize such representa-
tive, or representatives, to execute his, her or their note,
bond for the payment of money, or bill of exchange in
liquidation of any account, or claim founded on any
contract of such testator, testatrix or intestate as afore-
said, in his or her lite-time, or for the liquidation of any
account or claim made by such representative, or rep-
resentatives, for goods, wares and merchandise, or other
articles boug-^ht and used for the bcneilt of the estate
represented by him, her or them, or for work and labor
done and performed for the use of such estate.
Sec. 3. Be it further enacted, That for the payment of Estate and prop-
any such note, bond for the payment of money, or bill '^''y •"''^•^•
of exchange so executed by such representative, or rep-
resentatives, as provided for in the foregoing sections
of this act, the estate and property represented b}^ such
representative, or representatives, shall be subject and
as liable in every respect as if said note, bond for the
payment of money, or bill of exchange, were made and
executed by his, her, or their testator, testatrix, or in-
testate, in his or her life-time; and such representative,
or representatives, shall in no wise be individually lia-
ble for the payment of the same.
Approved, December 6, 1861.
No. 59.] A'N ACT
To define the Commissions on sales of Registers in
Chancery.
Section 1. Be it enacted by the Senate and House of
Representatives of the State of Alabama in General Asscmby
convened. That the commissions on sales made under
the decrees of the Chancery Courts, shall be determined
by the sound discretion of the chancellor rendering the
•V
1861^ 58
decree: Provided, Jioivever, that in no case shall such
commissions be more than are now allowed to sheriffs
on sales under executions.
Approved, December 9, 1861.
Dealing prohibit-
Fo. 60.] AN" ACT
To prohibit the dealing in County Claims by Public
Officers.
Section 1. Be it enacted hy the Senate and House of
Representatives of the State of Alabama in General Assembly
e<r ^'' "^convened, That the dealing in Cjunty claims by any pub-
lic officer, is hereby prohibited : And if any such officer
shall, directly or indirectly, by himself, by his assistants,
deputies, agents, or through any other person, purchase,
deal in, or traffic in any manner whatever in any claim,
or claims, debts or demands, certificates of witnesses, or
jurors, or any liability whatsoever, against the county
o .>.w f ■ of which he is an officer, he shall be deemed guilty of
Penalty for vio- . '.., oi-i-
lation. misdemeanor, and on conviction thereoi, by indictment,
shall be fined for each offence, not less than ten, nor
more than fifty dollars.
Judges to charge ^^^* ^' "^^ it further enacted, That the Circuit Judges.
grand juries, are hereby required to give this act in charge to the
grand juries of the different counties; and the Solicit-
ors of each circuit are hereby required to summons the
County Treasurer before the grand juries of their respec-
tive counties, to give evidence against any one for
offences against this act: Provided, that nothing con-
tained in this act shall be so construed as to prevent
any officer from receiving in good fiiith any county
claim in payment of any debt due to him.
Approved, November 11, 1861.
No. 61.] AN ACT
To make certain Transcripts evidence in the Courts
of Justice.
Section 1. Be it enacted hy the Senate and House of
59 1861.
BepTesentatives of the State of Alabama in General Assem-
bly convened, That transcripts of office books made out certain trans-
and certified to by the proper officers of the United States e"P'8 evidence,
government, and which would have been received in
evidence in the courts of this State, before the separa-
tion of Alabama from the United States, shall have the
same force and effect as evidence in the courts of this
State, that would have been given them had this State
remained a member of the late Union ; Provided, al-
waijs, that if the party against whom such transcript ^a^j^^it ,eq„ir.
shall be offered shall make and file in said cause an affi-^d.
davit stating that said certified transcript is false, then
the same shall not be received as evidence on the cer-
tificate thereof.
Sec. 2. Beit further enacted, That any person who penalty for false
knowingly and wilfull}^ swears falsely to the affidavit ^^®*"°^"
aforesaid, shall be deemed guilty of perjur3\ and subject
to all the penalties affixed to said offence.
Approved, November 11, 1861.
No. 62.] AN ACT
Giving one-half of the fine to Informants in certain
cases.
Sec. 1. Be it enacted by the Senate and House of Bep-
resentatives of the State of Alabama in General Assembly
convened, That hereafter in all convictions under indict-
ments for selling, giving, or delivering vinous or spirit-
uous liquors to slaves, as contained in section 3283 of
the Code, one-half of the fine shall be paid to the in-
formants.
Approved, Dec. 10, 1861.
No. 63.] AN ACT
In relation to debts due Alien Enemies.
Sec. 1. Be it enacted by the Senate and House of Bep-
resentatives of the State of Alabama in Genercd Assembly
convened, That until the Legislature shall otherwise
1S61. 60
No suit by or for P^^'^^^^^' ^^ ^^^* ®^' otliou proceeding sliall be prosecuted
an aiieh enemy, to juclgmeut ill aiiy coui't of tliis State foi' aiij debt or
money due to an alien enemy of the Confederate States
of America, on or before the 21st day of May, 1861, or
at any time since ; or to any person who has been, is, or
shall be engaged in actual hostility to said Confederate
States ; or who in any manner has given, is giving, or
shall give aid and comfort to the enemy engaged in war
with said Confederate States ; nor shall any execution
-.^^^'-wj. be issued upon any existing judgment or decree of any
court of this State, or upon any bond having the effect
of a judgment in favor of any such alien enemy or
person, or in favor of any party or person controlling
Noesecutionto said judgment, decree or bond; and all executions
upon any such judgment, decree or bond, now in the
hands of any officer of this State for collection, shall
be returned to the courts from which they were issued
"stayed by operation of law."
No judgment or Sec. 2. Be U further enacted, That if any suit now
execution for pending in the courts of this State in favor of any such
costs -1 •
alien enemy or person shall be dismissed, no judgment
shall be rendered, and no execution shall be issued,
against the security for costs in any such suit, if a citi-
zen of this State, until the Legislature shall otherwise
provide. And any such suit may be dismissed on mo-
miMe^''^''*^''"''tion or plea of the de-fenrJant or defendants. Provided,
that this act shall not be so construed as to authorize a
dismissal of any suit where one or more of the phxin-
tiffs are resident loyal citizens of the Confederate States
of America.
Approved, Dec. 10, 1861.
No. 64.] AN ACT
To authorize the Courts of County Commissioners to
allow gates to be erected across Public Roads in
certain cases.
Whereas, in some of the counties of this State tira-
Preambie. bcr for fencing purposes has become scarce and difficult
to obtain, and in consequence thereof many cultivators
of the soil are subjected to heavy expense and incon-
venience, in being compelled to keep up lane fences,
61 1861.
« — '
Sec. 1. Be it therefore enacted hy the Senate and House
of Representatives of the State of Alabama in General As-
eemhly convened, That the several Courts of County Power given to
Commissioners in this State be, and they are hereby ^"'"''"^''"'■'•
empowered to authorize gates to be erected across any
public road, ijrovided, the same be done at such place Proviso,
or places, and upon such terms, and under conditions
and restrictions as shall produce the least possible in-
iury to the public.
Approved, December 8, 1861.
No. 06.] AN ACT
To prevent the commission of certain trespasses.
Sec. 1. Be it enacted by the Senate and House of Repre-
sentatives of the State oi Alabama in Genera' Assembly Trees on land.
convened, That if any person shall cut down, deaden,
girdle or destroy, or take awaj' if already cut down or
fallen, any cypress, pecan, oak, pine, cedar, poplar,
walnut, hickory, or cherry tree, or sapling, on land not
hia own, wilfully and knowingly without the consent of
the owner of the land, he shall pay to the owner of^^^^j^,
such tree or sapling ten dollars for every such tree or
sapling so cut down, deadened, girdled, destroyed, or
taken away, and for every other tree or sapling not
herein described, so cut down, deadened, girdled, destro}^-
ed, or taken awa}', the sum of five dollars each, shall
be paid. And the party injured may recover for such
trespass, before a justice of the peace if the amount
claimed be within his jurisdiction ; if not, then before
the circuit court.
Sec. 2. Be it further enacted. That if any person shall on lan.i enclosed
cut down, dig up, girdle, destroy, or mutilate any fruit
tree or ornamental tree, shrub, bush or plant, which is
enclosed, on premises not his own, wilfully and know-
ingly without the consent of the owner, the person so
offending shall pay to the owner -of such fruit tree, or- penauy.
namental tree, shrub, bush or plant, fifteen dollars for
every such tree, shruli, bush or plant, so cut down, dug
up, girdled, destroyed, or mutilated which the owner
may recover before any court of competent jurisdic-
tion.
1S61.
62
About water-
crafla.
Penalty.
Action to be
brought within
one year.
Exception.
Sec. 3. Be it further enacted, That if any person shall
without leave of the owner, sink, take away, or destroy
anj^ canoe or other boat or water craft, he shall pay to
the owner thereof, double the value thereof, if destroyed,
or if taken away, or loosed and not returned in as good
condition as when taken away or loosed ; and if loosed,
sunk, or taken away, and returned in the condition
aforesaid, he shall pay to the owner, the sum of twenty-
five dollars, and the expense of putting it in such con-
dition ; which penalties and expenses may be recovered
before any court of competent juinsdiction.
Sec. 4. Be it further enacted, That every action for
the specific penalties given by this act, shall be prose-
cuted within one year from the time the injury was
committed and not after; and nothing herein contained,
nor the recovery of any penalty hereby given, shall be
a bar to any action for further damages, or to any crim-
inal proceeding for any ofi'ence included in or connected
with the acts for which the aforesaid penalties are im"
posed.
Sec. 5. And he it further enacted, That the provisions
of this act shall not apply in any case where any of the
acts for which the aforesaid penalties are giveUj shall be
committed for military purposes.
Approved, December 9, 1861.
No. m.] AN ACT
In relation to Appeals.
Sec. 1. Be it enacted hytlie Senate and House of Repre-
sentatives of the State of Alabama in General Assembly
convened, That from any order of any Chancellor, ap-
Appcal from the • . • ' . ^ , r -,''■, ^ ' i
order of a oiiau- pointing a receiver, heretofore made, or hereafter made,
''^'""■- an appeal to the supreme court may be taken by any
defendant in the suit, in which such order was, oV may
be made, on his entering into bond, with good security,
'•% in such penalty as may be prescribed by the Chancellor,
or by the Register, payable to the complainant, condi-
tioned, that the defendant taking the appeal, shall pay
the complainant all such costs and damages, as he may
sustain by the wrongful taking of the appeal, if the ap-
peal is not prosecuted to eftect; which bond maybe
63 1801.
approved by ^Register or Chancellor, and when so ap-
proved, shall operate as a supersedeas of the order ap-
pointiug the receiver, until the supreme court shall
decide upon the appeal, and determine whether or not
there shall be a receiver in the case ; every such appeal
must be heard at the term of the supreme court to
which it is taken.
Approved, November 8, 1861.
No. 67.] AN ACT
To renew and extend the time of payment of certain
State Bonds therein named.
Sec. 1. Be it enacted by the Senate and House of liepre'
seniaiives of the State of Alabama in General Assembly
convoied, That the Governor of the State of Alabama,
the State Treasurer, and the Comptroller of Public Ac- state bonds maj
counts be, and they are hereby authorized to issue State fendThlrs! "
Bonds, to be substituted for the extension of the State
Bonds heretofore issued by the State, payable in the
year 1863, which bonds to be issued and substituted as
aforesaid, shall be payable at any time not beyond the
first day of May, 1883, renewable at the pleasure of the
State.
Sec. 2, Be it further enacted, That the bonds to be Made payable to
issued as aforesaid, shall be made payable to the Com- er andxTuetie?
missioner and Trustee to regulate the affairs of the
State Bank and Branches, and shall be transferred by
him to the holders of the State Bonds, due in 1863 as
aforesaid, in lieu of the bonds maturing in that year,
the interest thereon to be paid at such place or places,
as the said Commissioner and Trustee and the holders
of said bonds may agree.
Sec. 3, Be it further enacted, That the said Commis- commissiouer to
sioner and Trustee be, and he is hereby authorized and "8° <^^"P"°'-
required, to prepare and sign the necessary coupons for
the extension of said bonds due in 1868.
Approved, November 11, 1861.
1S61.
actums, when
and how made.
64
'Ko. 68.] AN ACT
To regulate election returns in this State.
Sec. 1. Be it enacted hij the Senate and House of Repre*
santatives of the State of Alabama in General Assembly
convened, That when an election is held in any of the
counties of this State, the returns of which are required
by law to be made to the seat of Government, it shall
be the duty of the sheriff of such counties within three
days after the estimate of the county vote, to make a
return of the same bj' mail to the proper officer at the
seat of Government, and must also deposit with the
judge of probate of such county, a certified copy of
said return, and a certified copy of such return made
by such probate judge, shall be proof of such election,
in the event of the loss of the first so mailed as afore-
said.
Approved, December 4, 1861.
Power of Pro-
bate Courts.
Ko. 69.] AN ACT
To authorize a reference to arbitration 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 in the settlement of the estates of de-
ceased persons, wdieu said estates are free from debt,
the probate courts of this State in which such settle-
ments may be pending shall have the power and au-
thority to refer all matters of controversy arising in
said settlements to arbitration, if, in the opinion of said
court, the interests of the parties can be best subserved
thereby, and the parties or their attorneys consent
thereto.
Guardian of an Sec. 2. Be it further enacted, That if any of the par-
infanttownsent^^gg ji^^gj-eg^gj "in such estate shall be an infant, the
guardian of such infant shall have authority to consent
to the reference to arbitration, which consent shall be
in writing, and when so given, it shall be binding on
" said infant as fully and effectually as if said infant was
of full age.
Sec. 3. Be it further enacted^ That the arbitrators
■■^^
65 1861.
X.
shall not exceed three in number, shall be entirely dis- Number or arbi-
interested, and shall be appointed by order of the said "■'"°''''-
probate court.
Sec. 4. Be it further enacted, That it shall be the duty Award to be
of said arbitrators' to make their award in writing, and °*''''<^'°'^"''"s-
within ten days after making the same they shall re-
turn it to said court, and if approved by the court, it •
shall be entered of record and shall be final and con-
clusive upon all the parties.
Sec. 5. Be it further enacted, That if the said award i„ ^g^tain cases
or any part thereof shall -be for the payment of money *".'"}'^^" effector
fill 1 1 11 11 ji" a judgment.
it shall, when approved and entered ot record, have the •'
force and effect of a judgment at law in favor of the
person to whom the money may be awarded, and execu-
tion may issue thereon as in other cases.
Sec. 6. Be it further enacted, That if said award shall if disapproved
not be approved by the court, it shall be set aside, and ''y *^°"*'' ">^a'"^-
the court may refer the matters again to the same or to
other arbitrators.
Sec. 7. Be it further enacted. That any of the said objections shaii
parties shall within ten days after said award shall ^be*"^"''"*^'
returned to the said court, file objections to the same,
and if objections are filed, the court shall appoint a day
not less than thirty days from the filing of such objec-
tions to hear and determine the same, notice of which
shall be given as now required bylaw in cases of appli-
cation for final settlements of the estates of deceased
persons by executors and administrators.
Sec 7. Be it further enacted, That sections 2712, certain sections
2713,2715,2716, 2717, 2718, 2710, 2720 and 2723 ofM.'""'"""
th^ Code of Alabama be, and the same are hereby made
a part of this act.
Approved, December 10, 1861.
No. 70.] AN ACT
To revive and renew an Act therein named.
Sec. 1. Be it enacted by the Senate and House of Rep-
resentativea of the State of Alabama in General Assembly
convened, That from and after the passage of this act,
the act, entitled an act to renew au act to extend the
5
1861. 66
debts due the sixteenth sections, approved February
24th, 1860, be, and the same is hereby revived and ex-
tended for the term of two years from and after the
first day of March, 1862.
Approved, December 7, 1861.
No. 71.] AN ACT
To authorize the Comptroller to draw his warrant on
the Treasurer in favor of Tax Collectors in certain
cases, and for other purposes.
Sec. 1, Be it enacted hy the Senate and House of Rep-
resentatives of the State of Alabama in General Assembly
^anu7oTove?- cojivencd, That the Comptroller of Public Accounts be,
payment. r^j^^j l^g jg j^ereby authorized, to draw his warrant on the
State Treasurer, in favor of any tax collector for such
an amount of the tax as may have been, or may here-
after be, overpaid by said collector in the treasury of
the State.
To allow insoi Sec, 2. Be it further enacted, That whenever any re*
turn of insolvencies properly certified and authenticated
be niade within the fiscal year, and before the final settle-
ments of any tax collector's account, the Comptroller
of Public accounts may allow said returns.
Approved, December 3, 1861.
vencios.
No. 72.] AN ACT
To amend the law upon the subject of Town Corpo-
rations.
Sec. 1. Be it enacted hy the Senate and House of Hepr
resentatives of the State of Mdbama in General Assemlily
converted, That Intendants or Mayors of town corpora-
tions, incorporated under title 14, part 1, chapter 1 of the
Code, or incorporated previous thereto, shall exercise
the powers and authority of justices of the peace, in all
matters, civil and criminal, arising within the precincts
of their respective corporations.
Approved, December 3, 1861.
prose-
er 1861.
No. 73.] AN ACT
To abolish a certain Rule of the Common Law.
Sec. 1. Be it enacted by the Senate and House of Rep-
resentutives of the State of Alabama in General Assembly um^ abolish d
convened, That the common law rule as recognized by
the decisions of the Supreme Court of this State, that
a eivil action will not lie for an iujury amountino; to a
felony, until after a criminal prosecution for the offense,
be, and the same is hereby abolished.
Sec. 2. Be it further enacted, That for any injury, Action for injury
either to the person or property of another, amounting "^''ji^'f^^®''^**'"'
either in fact, or prima facie, to a felony, an action may cuHon.
be maintained by the part}^ injured before any prosecu-
tion of the oftcnder, in the same manner as if the offense
were a misdemeanor or a trespass only.
Approved, December &, 1861.
No. 74.] AN ACT
To amend Section Four of an Act entitled an Act
"to exempt from sale under any Legal Process all
necessary wearing apparel for the use of each
family in this State," Approved Feb. 18, 1854, and
for other purposes.
Sec. 1. Be it enacted by the Senate and House of llep-
resentafiues of the State of Alabama in General Assembly
convened, That section four of the act entitled an acttoed.
exempt from sale under any legal process all necessary
wea'ring apparel for the use of each fixmily in this State,
approved Feb. 18', 1854, be, and the same is hereby
amended as follows: Strike out the words "the amount
of fitteen dollars per month " in the fifth line of said
section, and insert in lieu thereof the following: " An
amount equal to one-half of such wages in no case to
be less than twenty-five dollars per month."
Sec. 2. And be it further enacted, That hereafter it
shall not be lawful for the wages or hire of any head of ^*f^?^t^"r' ■'^'
a family in this State, not having property liable to levy
and sale under execution, to be defeated or abated
by any set-off of a money demand, acquired by the
1861.
68
person contracting to pay such wages, by assessment or
transfer, unless the parties otherwise agree in writing.
Approved, December 9, 1861.
1^0. 75.] AN ACT
Making resistance to a City Officer a misdemeanor.
»
Sec. 1. Be it enacted hj the Senate and House of Eep-
rcsentatives of tlie State of Alabama in Genei^al Assembly
convened, That any person who knowing!}^ and wilfully
opposes or resists any city officer in the legal discharge
of his duties, shall, on conviction, be fined not less than
ten or more than one hundred dollars, and may be im-
prisoned not exceeding six months.
Sec. 2. And he it further enacted, In indictments under
this act, it shall be sufficient to charge that the defend-
ant did knowingly and wilfully oppose or resist such
officer, in the legal discharge of his duties, without
specifying in what such duties consists.
Approved, December 10, 1861.
No. 76.] AN ACT
To authorize the establishnaent of Private Roads.
Sec, 1. Be it enacted by the Senate arid House of Bep'
rcsentatives of the State of Alabama in General Assembly
convened, That Private Roads may be established by
the court of county commissioners, on the application
of any person ; such roads not to exceed fifteen feet in
width, and to be opened and kept in repair by the per-
son on whose application they are established, without
exemption on public roads.
Sec. 2. Be it further enacted. That in establishing a
regard' to'^pubi'ic private road, the same rules must be observed, and the
'*°'^'^*" same proceedings had as in the case of public roads ;
but no road must be opened through any person's yard,
garden, orchard, stable, lot, gin-house or curtilage,
without his consent ; and the applicant must pay the
owner of the land over which such road passes, all dam-
Same rules aa in
69 1861.
ages resulting thereto from the establishment of such
road, to be assessed as in the case of public roads.
Approved, December 10, 1861.
E"o. 77.] AN ACT
To require parties to civil actions to give bond for
costs in certain cases.
Sec. 1. Be it enacted by the Senate aud House of Rep-
resentatlves of the State (f Alabama in General Assembly
convened, That section 2359 of the Code be so amended
as to authorize the presiding judge on application for
change of venue in civil cases to require the applicant
to give bond and security for costs whenever iu his
judgment it will best secure the ends of justice to all
parties concerned.
Approved, December 10, 1861.
No. 78.] AN ACT
To amend an Act entitled an Act to provide for print-
ing the Reports of the Comptroller of Public Ac-
counts, State Treasurer, and Inspectors of the Peni-
tentiary, approved Feb. 3, 1858.
Sec. 1. Be it enacted by the Senate and House of Bep.
resentative.s of the State of Alabama in General Assembly
convened, That the said act be so amended as to author-
ize the printing of three thousand copies of the report
of the Comptroller of Public Accounts.
Approved, November 9, 1361. *
1861. 70
No. 79.] AN ACT
To pay for the hire of servants for the General Assem-
bly during the extra and present session.
Sec. 1. Be it enacted by the Senate and House of Bepre'
sentaiives of the State of Alabama in General Assembly
convened^ That the Secretary of State be allowed the
sum of one hundred and forty-three dollars, to pay for-
servant hire during the extra and present regular ses-
sion of the General Assembly; and that the Comptrol-
ler of Public Accounts is hereby authorized and required
to draw his warrant on the State Treasurer for the above
amount in favor of the Secretary of State, to be paid
out of any moneys in the treasury not otherwise appro-
priated.
Approved, Dec. 9, 1861.
No. 80.] AN ACT
le manufacture
Cards in this State.
To encourage the manufacture of Cotton and Wool
Section 1. Be it enacted by the Senate and House of
B. nusc- Bepresentatives of the State of Adabama in General Assembly
convened, That from and after the passage of this act
there shall be a bonus paid .out of any money in the
treasury, not otherwise appropriated, of ten cents per
pair on all cotton cards of good quality, of the fineness
of No. (10) ten ; on all cotton cards No. (8) eight, of
good quality, there shall be a bonus of eight cents; and
on wool cards No. (6) six, of good quality, a bonus of
six cents per pair; said cards to be manufactured in the
State of Alabama.
Sec. 2. Be it further enacted, That whenever the man-
ofaor.'°"''^^''^' ufacturer of said cards in the State of Alabama shall
make good and sufficient proof to the Governor of the
number and kind of cards manufactured by him, the
Governor shall draw his warrant on the Treasurer for
such an amount in favor of said manufacturer as he
may be entitled by the first section of this act, said
11 1861.
act to continue in force for two years after the passage
of this act.
Approved, Dec. 4, 1861.
No. 81.] AN" ACT
To change the time of taking up the State Dockets.
Section 1. Be it enacted by the Senate and Hoiise of
Hepreseniafives of the State ofAlabayna in General Assembly
convened. That until the ratification of a treaty of peace
between the Confederate States and the United States,
the criminal dockets of all the circuit courts of this
State shall be set for and taken up on the second day of
the term of said courts respectively : and subpoenas and
other processes shall be returnable, and cases both civil
and criminal shall be set accordingly.
Approved, December 5, 1861.
No. 82.] AN ACT
To require the Secretary of State to procure for the
State Library the Acts of the Legislatures of the
several Confederate States.
Sec. 1. Be it enacted by the Senate and House of Bep-
resentatives of the State cf Alabama in General Assembly
convened, That hereafter it shall be the duty of the Sec-
retar}' of State to transmit to the executive of each of
the Confederate States, a copy of the Acts passed at
each session of the General Assembly of Alabama, with
a request that in return each of said States would trans-
mit a copy of its Acts to the Secretary of State of Ala-
bama, and when received said Acts must be placed iu
the State Library.
Approved, December 9, 1861.
1861. • 12
No. 83.] AN ACT
To abolish the office of Auditor of the Treasury of the
State created by the third section of " an act making
appropriations for the Military Defense of the State,"
approved February 6, 1861.
Sec. 1. Be it enacted by the Senate and Honse of JRepre-
sentatives of the State of Alabama in General Assembly
Office abolished convened, That the office of Auditor of the Treasury of
con 1 lona y. ^|^^ State crcatcd by the above rec-ited act, be and the
same is hereby abolished, if in the opinion of the Gov-
ernor the said office is no longer necessary, and that the
duties now imposed by law on that officer, be hereafter
performed by the Comptroller of Public Accounts,
without any increase of compensation therefor.
Duties transfer- Sec. 2. Bc it further snacted, That no part of the said
[er^s 085^6°"'"^°^" act making appropriations for the military defense of
the State, shall be repealed by this act except so far as
the change abolishing the office of Auditor of the
Treasury and the transfer of the duties of the office to
the office of Comptroller of Public Accounts.
Additional Clerk ^^^^ ^' ^^ ^' fuvthcr cnacted, That the Governor, if in
his opinion the same shall be necessary, may authorize
the Comptroller of Public Accounts to employ an ad-
ditional clerk at a compensation not to exceed seven
hundred and fifty dollars per annum, or at that rate for
the time the services of such clerk may be required and
necessary for the public service.
Approved, December 10, 1861.
No. 84.] AN ACT
To transfer the unexpended balance of appropriations
for the relief of the Deaf and Dumb, remaining in
the hands of the State Superintendent of Education,
under an act entitled "an act for the relief of the
Deaf and Dumb," approved February 4th, 1858, to the
■ Alabama Institution for the Deaf and Dumb.
Sec. 1. Be it enacted by the Senate and Honse of Mepre-
sentatives of the State of Alabama in General Assembly
convened, That the unexpended balances of appropria-
*3
tions for the relief of the deaf and dumb, under the act en-
titled "an act for the relief of the deaf and dumb,"
approved February 4th, 1858, and the several acts there-
in referred to, be and the same is hereby transferred to
the Alabama Institution for the deaf and dumb, to be
applied for the use and benefit of said institution, as
other funds belonging thereto, under the direction of
its board of commissioners.
Approved, December 9, 1861.
1861.
No. 85.] AN ACT
To exempt from Military duty all persons emploj^ed by
Horace Ware in manufacturing Iron, and all other
persons similarly engaged.
Sec. 1. Be it enacted hij the Senate and House of Repre-
sentatives of the State of Alabama in General Assembly
convened, That all persons in the employ of Horace Exemption.
Ware, iu the county of Shelby, in manufacturing iron,
be and the}' are hereby exempt from military duty, so
long as the existing war between the United States and
the Confederate States shall continue.
Sec. 2. Be it further enacted, That the provisions of Extended to oth-
this act be extended to Wright and Eice, of Lauderdale ^'■s-
county, manufacturers of cannon and shell for the Con-
federate Government, and that all similar manufacturers
enjoy the same privileges.
Sec. 3. Be it further enacted. That the provisions of ^""""ler extena-
this act shall enure to the benefit of all persons employed
in the manufactory of arms, munitions of war, cloth-
ing, or materials for clothing, for the use of Alabama
volunteers : Provided, That the privileges granted by
this act shall not extend beyond the termination of the
present war.
Approved, December 9, 1861.
1861. • 14
1^0. 86.] AN ACT
To relieve certaia Volunteers and Soldiers from ac-
counting for Clothing.
Sec. 1. Be it enacted hy the Senate and House of Rep-
resentatwes of the State of Alabama in G-eneral Assembly
convened, That every soldier, volunteer, or officer, who
was in the militar}- service of the State, and was trans-
ferred to the service of the Confederate States, be and
is hereby relieved and released from accounting for the
amobnt of the clothing furnished by this State or re-
ceived from this State, before such transfer occurred.
Approved, December 9, 1861.
No. 87.] AN ACT
For the relief of indigent families of volunteers in the
several counties of this State.
Section 1. J3e it enacted hy the Senate and House of
Represe^itatives of the State of Alabama in General Assembly
convened, That from and after the passage of this act,
the court of county commissioners for any county in
this State, be and is hereby authorized to appropriate
such portion of money now in the county treasury, or
that may be derived from the county tax, as the said
court may deem sufficient for the support of the indi-
gent families of volunteers now engaged in the defense
of our country.
Approved, November 29, 1861.
No. 88.] AN ACT
Making an appropriation for the pay of members, offi-
cers, clerks, and messengers of the General Assem-
bly at the present extra session, and at the regular
session thereof, commencing on the 2nd Monday of
November, 1861,
Section 1. Be it enacted hy the Senate and House of Mep-
75 1861.
rese?itativ€s of the State of Alabama in General Assembly
convened, That the sum of fifty thousaiid'dollars, or so
much thereof as shall be necessary, be and the same is
hereby appropriated for the payment of the members,
officers, clerks, and messengers of the General Assem-
bly at the present extra session, and at the regular ses-
sion thereof, commencing on the second Monday of
JS'ovcinber, 1861, out of any money in the treasury not
otherwise appropriated.
Approved, November 8, 1861.
No. 80.] AN ACT
To encourage the manufacture of fire arms and muni-
tions of war in this State.
Section 1. JBe it enacted by the Senate and House of
Hepresentafives of the State of Alabama in General Assembly
convened, That the sum of two hundred and fifty thou-
sand dollars, out of any money in the treasury not S^" ''^^'^'
otherwise appropriated, be, and the same is herebj^ ap-
propriated and placed under the control of the Gov-
ernor, ai^d subject to his warrant, for the purposes
hereinafter specified.
Sec. 2. Be it further enacted, That if any individual or Governor to
company shall hereafter propose to manufacture fire n^-'^e advances,
arms. in this State, the Governor is hereb}^ authorized
to advance to such individual or company such portion
of said sum as he may deem advisable, and may take
security for the return of said sum so advanced, or may
contract with said individual or company to receive of
them in lieu of said sum advanced, /re arms to be manu-
factured by them, of such kind, quality and description Rond or security
as he may designate and approve of; in all tascs taking '"'^c given,
from such individual, or company, bond with approved
securit}' for the faithful performance of their contract.
Sec. 3. Be it further enacted, That in like manner, andFuniicr sum of
under the same restrictions, the further sum of fifty Jri"aC''''''^°'
thousand dollars is hercl»y appropriated to encourage
the manufacture and preparation of powder, saltpetre,
sulphur and lead.
Approved, December 7, 1861.
i
I8G1. ^ T6
No. 90.] AN ACT
To acQend the 14tli sectiou of an act to establish a Hos-
pital for Insane persons in Alabama.
Sec. 1. Be it enacted hy the Senate and House of Bepre-
sentaiives of the State of Alabama in General Assembly
Insane convicts, cojivcncd, That where any person is imprisoned in the
penitentiary of this State, under a sentence of a circuit
court, and is insane at the expiration of his or her term
of imprisonment, it shall be the duty of the lessee to
outyofiessee. ^q^q^i the Same to the Governor, whose duty it shall be
to cause an examination to be made of the extent and
character of such insanity ; and if upon such investiga-
tion it be found that such person is a proper subject for
confiuement in the hospital for insane persons, he shall
deTconvi'cuo^n- oi'^^r him or her to be removed from the penitentiary
sane hospital, to the liospital ; and if such person be in indigent cir-
cumstances, and had no known place of residence pre-
vious to his or her confinement in the penitentiary, the
expenses of keeping such person shall be paid by the
State.
Approved, December 4, 1861.
No. 91.] AN ACT
To provide for paying for the Indexing of the manu-
script Acts of the General Assembly.
Sec. 1. Be it enacted by the Senate and House of Mepre-
sentatives of the State of Alabama in, General Assembly
P^y 'jiP^K." convened, that the sum of fifty-two dollars and sixty-
three cents be and the same is hereby appropriated to
compensate M. P. Blue for making and completing in-
dexes to the original manuscript acts of the Gener
Assembly, held in 1859-60, and in 1861, as required by
the act of 25th January, 1858, "to provide for binding
the manuscript acts of the legislature," and that the
Comptroller of Public Accounts issue his warrant there-
for on the State Treasurer, to be paid out of any moneys
in the treasury not otherwise appropriated.
Sec. 2. Be it further enacted, That hereafter upon the
11 ■ 18G1.
presentation to the. Comptroller of Public Accounts oi^^^^ ^^^ ^^^^^
thg certificate of the Secretary of State of the faithful after upon certi-
execution of the indexing of the manuscript acts of the ryy state"* **
present or any subsequent General Assembly, the Comp-
troller shall issue his warrant on the State Treasurer in
the sum so certified by the Secretary of State to be due,
to be paid out of any moneys in the treasury not other-
wise appropriated.
Approved, Nov. 11, 1861.
No. 92.] AN ACT
To repeal, in part, an ordinance to provide for the Mili-
tary defence of the State of Alabama, adopted 19th
January, 1861.
Sec. 1. JBe it enacted by the Senate and House of Repre^
sentatives of the State of Alabama, in General Aesentbh/ Certain secHonf
convened) That sections 8, 10, 13, 15 and 16 of an ordi- ''^p'''*'*^-
nance "to provide for the military defence of the State
of Alabama,*' adopted 19th Januar}-, 1861, be, and the
Barae are hereb}^ repealed ; and all the offices created
by said sections in said ordinance arc hereby abolisbed.
Sec. 2. Be it farther enacted. That so much of section Section ninepaf
„,..,,.• < , ' . I , tially repealed.
9 ot said ordinance as authorizes and empowers the
Governor of this State to appoint a surgeon-general and
a paymaster-general be and the same is hereby repealed,
and said offices are by this act abolished.
Approved, Nov. 9, 1^61.
No. 93.] AN ACT
To repeal section 3 of an ordinance to authorize Colo-
nels of Volunteer regiments to appoint their own
Staft' Officers.
Sec. 1. Be it enacted by the Senate and House of liejj'
resentatii'cs of the State of Alabama in General Assembly
convened, That section 8 of an ordinance "to authori;5C
colonels of volunteer regiments to appoint their own
staff officers,'' adopted Jannmy 2'^, 1S<il^ l>v tlir. rem-
1861.
78
veutiou of the people of the State of Alabama, held
Montgomery, be, and the same is hereby repealed.
Approved, December 9, 1861.
So. 94.
AN ACT
To repeal an Act, entitled an Act to provide for an efii«
cient Military organization of the State of Alabama.
Sec. 1. Be it enacted by the Senate and Souse of Bep-
resentatives of the State of Alabama in General Assembly
convened, That an act entitled an act to provide for an.
efficient military organization of the State of Alabama,
approved February 24th, 1860, be, and the same is
hereby repealed.
Approved, iTovember 11, 1861.
No. 95.]
AN ACT
5100,000 appro-
priated.
. At disposal of
the Governor.
Proviso.
Compensation
from commuta-
tion money.
To facilitate the equipment of Volunteers and for the
purchase of arms.
Section 1. JBe it enacted by the Senate and Mouse of
jRepresentatives of the State of Alabama in G-eneral Assembly
convened, That in order to save volunteers from extortion
in clothing, to aid in their prompt equipment, and to
procure a proper supply of suitable arms, accoutre-
ments, &c., the sum of one hundred and eighty thou-
sand dollars be, and the same is hereby appropriated
and placed at the disposal of the Governor, to be drawn
on his warrant, and by him to be so used as in his best
judgment may most efficiently and economically pro-
mote the above objects, and for the expenditure of
which he shall take the proper vouchers to be filed with
the Comptroller of Public Accounts: Provided, however,
That for any eqifipments, or any other things that may
be furnished to any soldier or volunteer by the Governor
under this act, the Governor shall take or shall cause to
be taken the most proper and available mode to secure
compensation to this State, out of the commutation
money of such soldier or volunteer.
Approved, December 6, 1861.
79 1861.
Ko. 96.] AN ACT
To prevent the practical disfranchisement of the vol-
untecrs from Alabama, and of the members of the
General Assembly of the State of Alabama, in the
next Congressional and Presidential.election.
Section 1. JBe it enacted hy the Senate and House of
Hepresentatlves of the State of Alah<(nia in General Assemhbj
convened, That each citizen of Alabama, who shall be To vote whether
in the service .of the Confederate States, as a volunteer, suto °"' "^ ^''^
on the day of the next Presidential and Congressional
election, and who on that day would be entitled to vote
in such election in any county of this State, if he was
actually in that county on that day, shall be entitled to
vote by ballot in such election at any place where he
may be on that day, whether in or out of this State ;
and his vote shall be counted and have the same eifect
as if it had been actuallj' given in the county in which,
if he was personally present on the day of such election,
he would be entitled to vote ; and at anj^ place where
there may be on that day any such volunteer or volun-
teers from one or more of the congressional districts of
this State, any two commissioned officers who are quali- „ „ , , ^ „
,. 1 , r> 1 t>< 1' A 1 • • -i- Polls to be open-
tied electors or the State ot Alabama m the military cji by commis-
service of the Confederate States, are hcreb}' authonzed *"'°'^
to open the polls on that day, between the hours of six
o'clock in the forenoon and six o'clock in the afternoon,
for each of such congressional districts, and to receive
the ballots or votes of every such volunteer for" eleven tn p'resiucnuar
electors of President and Vice President, and for one riiTrMentative"'^
representative in the Congress of the Confederate States, *" congress.
and to conduct and manage the election so that no such
volunteer shall vote for a representative of any other
congressional district than that in which he resided at the
time of volunteering; and as soon as practicable after six
o'clock in the afternoon of the day of such election, the iJi^ctiom for
n. ],. T .'',, ,', the managers ae
orncers conducting and managing the same are hereby to returns,
authorized and directed to count out the votes, ascer-
tain the number of votes received for each person, and
what office, and make out a statement of the same in
writing, with a list of the names of the voters, and the '
county of their residence; which statement must be
signed by them and sealed up and directed to the Secre-
tary of State of Alabama, at Montgomery, and sent
1861. 80
either by mail or messenger, without unnecessary delay.
Each county to Sec. 2. Be U further enacted, That all the other returns
io'the°swrmr^y ^^ ^^^ "^^^ Cougressioual and Presidential election, in-
of state. stead of being made as provided for by the existing law,
shall be made by the returning officer of each county
directly to the Secretary of State of this State, without
any unnecessarj- d^lay.
Pay for state or- Sec. 8. Bc it farther enacted, That on the 26th day of
fhevot*^."""" November ne:it, or within, two davs thereafter, the
Governor of this State, in the presence of the Secretary
of State, Comptroller and Treasurer, or either of them,
shall estimate the returns made under the preceding
sections of this act, ascertain who are elected, and notify
them by proclamation.
Rules to gotcra gEc. 4. Be U further enacted, That all the provisions
■ of this act shall apply to and govern in any election that
it may become necessary to hold in the event of a
failure to elect a representative to Congress in any con-
gressional district in this State, or in the event of a va-
cancy occurring in any congressional district in this
State within the next two years.
Privilege of the Sec. 5. Be it further enacted, That the members of
gcnSLrimbiy t^® General Assembly of this State, shall have the right
' to vote in the county of Montgomery, for electors for
President and Vice President at the next election.
Managei-a to be Sec. 6. Beit fufthcr cnactcd, That the commissioned
qualified. 'officei'^ who may open the polls and hold elections un-
der this act shall, before they enter upon the perform-
ance of such duty, take an oath to conduct such elec-
•I • tion fairly and faithfully, and make returns as required
ttotonaglrs!"^^ ^^ ^^^^^ ^^^ ' "^"^bi^b oatli may be administered by any
officer of the State in which such election may be held,
authorized to administer oaths ; and .in the absence of
such officer, said oath may be administered by any per-
son in the army of the Confederate States from the
State of Alabama, holding a commission not below a
captain,
inspectotsioad' Sec. 7. Be it further enacted. That the inspectors of
miuister an oath elections herein provided for, shall be empowered in all
cases where they may have doubts as to the legal quali-
fications of a voter, to require such person to take an
oath to answer such questions touching his qualifications
w^orlng!"^ *'*''* ^^ may be propounded by the inspectors ; and any per-
son who shall vote under the provisions of this act, not
possessing the requisite qualifications, shall be subject
81 1861.
to the same pains aud penalties imposed by law upon
fraudulent voting within the limits of this State.
Approved, October 80, 18G1.
No. 97.] AN ACT
To provide a Hospital for sick troops from Alabama in
the army of the Potomac, and for other purposes.
^Sec. 1. Beit enacted hy the Senate and House of Hep-.,
resenfatives of the State of Alabama in General Assembly
convened, That the Governor be aud he is hereby author-
ized and required to appoint an agent to proceed to the p<?imTnagenfK
State of Virginia and provide or procure such building p"""^''^*'''**''''^'-
or buildings as may be necessary for hospitals for the
Alabama troops, and to provide such hospital stores as
may bo needed for the sick from the State of Alabama
in the army of the Potomac, or other division of the '
army of the Confederate States, where soldiers from I
Alabama are located, and ma}-, in his judgment, need J
such provision for the sick thereof. ^ImmSSt
Sec. 2. Be it further enacted, That the Governor be
and he is hereby authorized to draw his warrant on the ,.,,n^
ireasurer of the State for such sum or sums as may bepnated.
found necessary to accomplish the objects mentioned in
the first section of this act, not exceeding the sum of
thirty thousand dollars; which said sum of thirty thou-
sand dolhirs is hereby appropriated out of any monies
in the treasury not otherwise appropriated.
Approved, November 9, 1861.
1
No. 98.] AN ACT
To exempt from taxation a certain amount of property
of Volunteers, aud the widowsj of deceased Volun-
teers.
Sec. 1. Be it enacted hy the Senate and House of Rep-
resentatives of the State of Alabama in General Assembly
convened, That all the volunteers now in the service of
6
1861. 82
Exempt from poll the State of Alabama, or of the Confederate States, as
1*00 wort^of"*" well as those who may hereafter enter such service, •
property. gj-^all bc cxempt from a poll tax, and shall also be exempt
from taxation on property to the amount of five hundred
dollars.
Widows or de- Sec. 2. Be it farther enacted, That the widows of de-
S'lxempt on ccascd voluntecrs, or those who may become such during
wme amount. ^\^q ^gj,^ gj^^ll also bc cxcmpt from taxation on property
to the amount of five hundred dollars.
Approved, December 7, 1861.
No. 99.] AN ACT
To exempt the several counties in this State from im^
posing the tax for the support of the indigent fami-
lies of Volunteers, in certain cases.
Sec. 1. Be it enacted hy the Senate and House of Bep'
resentatives of the State of Alahama in General Assembly
Exempt by pay- coHveued, That whcu any "court of county commission-
o"n*^sii'te'iax?*°'' Grs" in any county of the State shall pay into the State
treasury a sum equal to twenty-five per cent, on the
State tax assessed in said county, then and in that case
said county shall be exempted from the levy and collec-
tion of the tax as required by the act " to provide a fund
for the aid of indigent families of volunteers absent in
the army," approved 11th November, 1861.
Approved, December 3, 1861.
No. 100.] AN ACT --^f^^
To raise an additional Volunteer force for the defence
of the State, and to resist Invasion.
Sec. 1. Be it enacted by the Senate and House of Bep-
resentatives of the State of Alahama in General Assembly
convened. That the Governor forthwith proceed to raise
Sixty companies not cxcccding sixty Companies of volunteers, who shall
o be ra.sed. ^^^^ clothc and equip themselves ; which said compa-
nies shall be organized as the Governor shall direct, and
83 1861.
shall be received for -a term of service of not less than Tem of service,
four mouths, unless sooner discharged.
Sec. 2. Be it fiirihxr enacted, That the Governx)r is Arm'?, ammuni-
authorized to take such measures either before or after mentr*^ *'^"''"
the receiviug of said companies as he may deem expe-
dient to ensure arms, ammunition and equipments for
the troops raised under this act, who may be unable to
supply themselves, and that such troops as organized
shall be held as minute men, subject to the orders of„.„, ,
, 11 11 Minute men.
tlie Crovernor, and prepared to march at the shortest
notice to any point where, in his opinion, the services '
of all or any portion of them may be required, and to
co-operate with the Confederate forces, or the forces of
either of the Confederate States at such point.
Sec. 3. Be it further enacted, That such companies Howtobcorgan-
shall consist of cavalry or infantry, in such proportions '"'^"
as the Governor shall direct, and may in his discretion
be organized into battalions, squadrons, regiments and
brigades ; the general officers to be appointed by him,
and the field officers to be elected.
Sec. 4. Be it further enacted, That each regiment or- certain officers
ganized under this act shall have an adjutant with the^l^j^^*^'*''''^
rank and pay of first lieutenant; a quarter master and
commissary, each ^ith the rank and pay of captain ; a
surgeon, an assistant surgeon, and a sergeant major, all
of whom shall be appointed by the colonel ; and each
separately organized battalion shall have an adjutant
with the rank and pay of second lieutenant ; an assist-
ant quarter master, with the rank and pay of first lieu-
tenant, who shall also perform the duties of commissary;
and an assistant surgeon, all of whom shall be appointed
by the commander of the battalion.
Sec. 5. Be it further enacted, That any brigadier gen- Ai.i de-rnrr .r
il appointed under this act, shall be entitled to one f/J,';'"^'" ""^
uid-de-camp with the rank and pay of captain, who shall
also perform tlie duties of adjutant of the brigade.
Seo. 6. And be it further enacted, That the officers, pay an<i avow-
nou-coramissioned officers and privates raised and or-*"*^®"-
ganized under this act, shall be entitled to the same
pay and allowances, except for clothing, as volunteer
troops in the service of the Confederate States, but
shall only be entitled to such pay and allowances from
the time they take up the line of march to any point
where they may be ordered by the Governor on sjiecial
1
1861. 84 f% fT
duty or service, and from thence until they are dis-
charged from such special service.
Captain to be Sec. 7. Bc it further enacted) That the captains of the
paymaster. companies raiscd under this act, shall act as paymasters
for their respective companies, giving such bond as the
Governor may direct.
Sec. 8. Be it further enacteed, That the Governor is
^rforti(?c''auon8. authorizcd to obtain the services of not exceeding live
hundred negro laborers, for such term as he may deem
expedient to be employed on any fortifications, or which
^*~^-*' may be erected on the Tennessee river, or at any point
,v...4" where, in his judgment, it may be necessary to prevent
invasion in that direction.
$800,000 appro- Sec. 9. Be it further enacted, That to carry into ef-
priated. fgct the provisions of this act, the sum of three hundred
thousand dollars, from any funds, in the State treasury,
be appropriated to be disbursed under the direction of
the Governor.
Rules, reguia- ^EC. 10. Be it further enacted, That the rules, regula-
tionsaadanicieBtions and articles of war adopted for the res:ulation and
Oi war. , ^ *--'
government of volunteers in the service of the Confed-
erate States, and not inconsistent with the provisions
of this act, shall be in force as to the troops organized
under its provisions.
Approved, November 22, 1861.
No. 101.] AN ACT
To raise the additional Volunteer Force for the defense
of the State.
Section 1. Be it enacted by the Senate and House of
Representatives of the Kitate of Alabama in General Assembly
ooveiB.rto convejud, That the Governor is hereby authorized to
vXnt,fera','ovci ''^isc such luimber of companies as he may deem expe-
8- years, of age. dicut lor thc dcfeusc of Alabama, to consist of volun-
teers over the age of thirty-live years, who shall arm
and clothe themselves, and shall be organized as the
Governor shall direct, which said companies shall be
Term of service, received for a term of service of not less than three
months, unless sooner discharged.
Sec. 3. Be it further exacted, That the provisions of
the second, third, fourth, fifth, sixth, seventh and tenth
85 1861.
sections of an act passed at the present session of the g^^^^^^ ^^ r^^^.
General Assembly, entitled an act to raise an additional er.act^maae ai-
volunteer force for the defense of the State, and to re-''""*
sist invasion, approved jSTovember 22, 1861, be, and the
same are hereby made applicable to any force which
may be raised under this act.
Approved, December 7, 1861.
No. 102.] AN ACT
To amend section seven, chapter four, of the Military
Code of Alabama.
Sec. 1. Be it enacted hij the Senate and House of Eepre-
sentatives . of the State of Alabama in General Assembly
convened, That section seven, chapter four, of the Mili- Exempted <iu-
tary Coee of Alabama be, and the same is hereby so
amended, as to exempt all military ofhcers in this State
who have entered or may hereafter enter the service of
the Confederate States during the pendency of existing
hostilities witli the government of the United States
from the operations of said section, in so far as it pro-
hibits them from resigning without the consent of a
court martial, and for so doing renders thern ineligible
in the future to any military office in the State.
Approved, December 4, 1861.
No. 103.] AN ACT
To amend section nine, chapter ten, of the Military
Code of Alabama.
Skctiox 1. lie it cnarlcd hy the Senate and House of
licprcsaitativcs of the State of Alabama in General Asarinhh/
convened, That section nine, chapter ten, of the Military
Code of Alabama, adopted Februar}^ 10, 1852, be, and
the same is hereby so amended that the court martial
of any compan}^ for the trial of defaulters at one mus-
ter may be held at the next muster of such company.
Approved, December 9, 1861.
IH'
1861. 86
No. 104.] A^ ACT
4IP^
To suspend section twenty-one, chapter twelve, of the
Military Code of Alabama.
Sec. 1. Be it enacted hy the Senate and House of Repre-
sentatives of the State of Alabama in General Assembly
convened, That section twenty-one, chapter twelve, of
4;he Military Code of Alabama, be, and the same is
hereby inoperative and void during the pendency of
existing hostilities between the Confederate States and
the government of the United States.
Approved, December 5, 1861.
No. 105.] AN ACT
To amend section three, of chapter four, of the Mili-
tary Code.
Sec. 1. Be it enacted by the Senate and House of Rejy-
resentatives of the State of Alabama in Genral Assembly
convened, That sectioii three, of chapter fonr, of the
Military Code of Alabama, be, and the same is hereby
so amended as to authorize brigadier generals to order
elections for colonel, lieutenant colonel, and major in
their respective brigades, in the same manner and upon
the same terms as those elections are now authorized
to be ordered.
Approved, December 10, 1861.
No. 106.] AN ACT
To extend the time of making the returns required by
chapter five of the Military Code of Alabama.
. Sec. 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of Alabama in General Assembly
ra'onthsr/rmak-<^^^^^^*^^'^» That for thc ycar 1862, the returns required
ing returns. to bc made by chapter fifth of the Military Code of Ala-
bama, may be made at the times hereinafter mentioned,
to-wit: Strike out the words "September in each year,"
8Y 1861.
"October in each year," and "November in each year,"
where tlicy occur in said chapter fifth, and insert in lieu
thereof, respectively, the words "February. 1863,"
^•March, 1863," and "April, 1863."
Sec. 2. Be it further enacted, That all niihtary officers g,o„„j^t^j f^„n,
in this State be, and the same are hereby exonerated penalties,
from all penalties incurred heretofore during the pres-
ent year by failing to comply with the requisitions of
said chapter fifth of the Alilitary Code of Alabama.
Sec. 3. Be it further enacted, That from and after the change to cease
present year, the returns required to be made by said aft" the pregem
chapter fifth of the Military Code of Alabama shall be
made at the times now required by law.
Sec. 4. Be it further enacted, That the Military Code confederate
of Alabama, adopted February 10th, 1852, be amended sia'^^^'""' united
by striking out the words "United States," wherever
the}' occur, and inserting the words "Confederate States
of America, in lieu thereof.
Approved, December 6, 1861.
*
No. 107.] AN ACT
To amend the Military Code of Alabama, adopted Feb.
10th, 1852.
Sec. 1. Be it enacVid by the Senate and House of Bep-
resentatives of the State of Alabama in General Assembly
convened, That section four, chapter two, of the Mili- ^^J^Xl ""'* *
tary Code, be amended by striking out the word "one,"
and inserting "five," and by striking out the word
" three" where it occurs, and insert "ten;" and that
section three, chapter nine, be so amended as to require
ten company musters in each year, instead of two, as
heretofore.
Sec. 2. Be it further enacted, That it shall be theduty Encarapmm
of the several major generals of the militia of this -State """ "'''' ^'^'•
to order all the commissioned officers in his division,
whether of volunteer corps or militia, to assemble for
encampment, drill, and instruction, at some central
place, within their respective divisions, once in each
year, which said encampments shall continue for not ]^*™"' ""'"'"
less than four nor more than ten days in each year ;
1861. 88
Proviso Provided, the expenses of said encampment shall in
case be a charge against the State,
j^ ^ Sec. 3. Be it further enacted, That all commissioned
corapiiance by" officcFS who shall fail to comply with the provisions of
officers. ^i^g second section of this act, when ordered to do so,
(unless prevented by sickness or good cause,) shall be
subject to be fined, according to his rank, to an amount
^ not exceeding one-third the amount now prescribed by
the first section of the thirteenth chapter of the Mili-
tary Code of this State.
Regiments in Sec. 4. Be it furthcr encicted, That the regiments N"os.
Sumter county. >jq ^^^^j ^02, respectively, in Sumter county, be, and the
same are hereby abolished, and hereafter the militia of
Sumter county shall form but two regiments Nos. 63
and 82.
Property liable ^EC. 5. Be it furtJiev enacted. That all property held
for fines. and owucd by any man subject to militia dut}^ shall be
liable for all fines which may be imposed bj^ law for
neglect or failure to perform the duty required of any
such defaulter.
Conflicting laws Sec. 6. Bc H furtJiev enacted, That all laws conflicting
repealed. with the provisious of this act be, and the same are
hereb}'^ repealed.
Approved, December 9, 1861.
No. 108.] AN" ACT
To legalize the proceedings of the Governor, in supply-
ing the volunteers of Alabama with clothing,
Section 1. Be it enacted hy the Senate and House of
Bepresentatives of the State of Alabama in General Assembly
convened, That all existing contracts and arrangements,
KTistingcon- madc by thc Governor, for the purpose of supplying
^'■'"'^* '^2""^*^* the volunteers from this State, in the service of the
Confederate States, with clothing, are hereby approved
and legalized, and that the Governor is authorized to
pues*!" '""^*"''" continue the supplies of clothing to said troops, under
such contracts and arrangements, and to take such
measures as he maj'- deem best to reimburse the State,
out of the clothing commutation money allowed by the
Governor may laws of thc Confederate States to said volunteers; and
appoint agentf. ^Q. Garry into effect the purposes of this act, he may ap-
89 1861.
point aud at his discretion discharge, such transporta-
tion and distributing agents, or assistant quartermas-
ters, as he may deem necessary, prescribe their duties,
fix their compensation, and establish such regulations
as to their accountability as ho may deem expedient.
Sec. 2. Be it farther enacted, That all expenditures Dpp.^rtment
which have or may be made under the first section of^^^'^l^g^g'*''"^"'*
this act, be charged to tlie fund appropriated to the
quartermaster's department, and that all moneys re-
ceived in commutation or reimbursement for clothing,
be carried to the credit of said department.
Approved, December 9, 1861.
1^0.109.] AN ACT
To authorize the G ovcrnor to have the Capitol repaired.
Sec. 1. Be it enacted hy the Senate and House of Bep-
resentatives of the State of Alahama in General Assembly
convened, That the Governor be and he is hereby au-
thorized to have the necessary repairs done on the Capi-
tol, and that the Comptroller be authorized to draw his
warrant on the treasury in favor of Jno. Gill Shorter
for the amount necessary to pay for said repair.
Approved, December 10, 1861.
No. 110. AN ACT
To authorize the Governor to employ two Secretaries.
Sec. 1. Be it enacted b>/ the Senate and House of Bepre-
scntatives of the State of Alabama in General Assembly
convened, That the Governor be and he is hereby au-
thorized to engage the services of two competent secre-
taries in his office, at the rate of seven hundred and
fifty dollars per annum each, payable quarterl}': 7Vo-
vidcd, he shall have the right to discontinue the services
of one or both of said secretaries, whenever such service
may be no longer needed.
Approved, l^ecember9, 1861.
1861- 90
No. 111.] AN ACT
To provide for Indexing the Records of Land Patents
iu the office of the Secretary of State.
Sec. 1. Be it enacted hy the Senate and House of Rep-
resentatives of the State of Alabama in General Assembly
It^^^!^^^'"^' convened, That the Secretary of State be authorized to
employ a competent person to make and complete cor-
rect indexes to the volumes containing the Registry of
Land Patents heretofore issued in his office.
oompeneatioru ^EC. 2. Be it further enacted, That such compensation
shall be allowed for making and completing those in-
dexes, as may be agreed upon between the Secretary of
State and the person so employed; and upon presenta-
tion to the Comptroller of Public Accounts of the cer-
tificate of the Secretary of State of the faithful execu-
tion of the work, the Comptroller shall draw his warrant
on the State Treasurer in the sura so certified to be
due, to be paid out of any moneys in the State treasury
not otherwise appropriated.
Approved, December 10, 1861.
No. 112.] ^ AN ACT
To amend an act entitled an act supplemental to an act
to establish a hospital for insane persons in Ala-
bama.
Sec. 1. Be 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 supplemental to
an act to establish a hospital for insane persons in Ala-
bama, be and is hereby amended, by adding at the
end of the 12th section after the word Trustee,
the words, " on the Comptroller who shall draw his
warrant on the Treasurer of the State in fiivor of the
treasurer of the hospital."
Approved, November 25, 1861.
01 1861.
ITo. 113.] AN ACT
To divorce "William S. Thomas from his wife Rebecca
Thomas.
Sec. 1. Be it enacted by the Senate and House of Ilep-
resenfatives of the State of Alabama in General Assemhly
convened. That in pursuance of a decree of the chancery-
court, for the 7th district of the Southern Chancery
Division of the State of Alabama, at the February
term, 1861, thereof, William S. Thomas be, and he is
hereby divorced from his wife Rebecca Thomas, and
that said William S. Thomas may lawfully contract with
and marry any other woman.
Approved, November 9, 1861.
No. 114.] AN ACT
To divorce Rebecca P. Bobbitt from her husband Wil-
liam P. Bobbitt, and other persons therein named.
Sec. 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of Alabama in General Assembly
convened. That Rebecca P. Bobbitt be, and she is here- ^?jP."* ^- f'",''"
by divorced from her husband William Bobbitt, pursu-
ant to a decree of the chanceiy court of the sixth District
Southern Division, made at the April term, 1860,
thereof.
Sec. 2. Be it further enacted, That William Fouchee ^f;x\\\a.m from
be, and he is hereby divorced from his wife Lucy Fou- L"<"y ^'°"che«.
chee, in pursuance of a decree of the chancery court
of the 12th District Southern Division, made at the
November term, 1860, thereof.
Sec 3. Be it further enacted, That William J. Kelly
1 11*11 T 1^ !• ■/■o. lA William J. from
be, ana he is hereby divorced irom his wire Sarah Ann sarah Ann Keiij
Kelly, pursuant to a decree of the chancery court of the
12th District Southern Division, held at the May term,
1860, thereof.
Sec. 4. Be it Jurther enacted, That Sumantha Cham- pumanth.i from
bers be, and she is hereby divorced from her husband ''''*^''^*^*"^*'*"
Joseph Chambers, in pursuance of a decree of the
chancery court of the 12th District Southern Division,
held at the May term thereof.
1861.
92
PhcEbep from ^^^' ^' ^^ ^^ fuHlier enacicd, That Pha3be P. Garden
John D.'caiden. be, aiid she is hereby divorced from her husband John
D. Garden, pursuant to a decree of the chancery court,
12th District Southern Division, made at the May term,
1860, thereof.
Margaret F. from Sec. 6. JBc it further ciiucted, That Margaret F. Norris
James R.Norris. ^q^ ^jj^j g|^g j^g j^ereby divorccd from her husband James
It. jSTorris, pursuant to a decree of the chancery court
of the 10th District Southern Division, made on the
14th da^^ of Januarj^, 1861, in vacation.
Approved, November 30, 1861.
ISTo. 115.]
AN AGT
To divorce Gornelius G. Latham from his wife, Mar-
garet Louisa Latham.
Section 1. J5e it enacted by the Senate and House of
Representaiives of the State of Alabama in General Assembly
convened, That Gornelius G.Latham be, and he is here-
b}^ divorced from his wife, Margaret Louisa Latham, in
pursuance of a decree of the chancery court of the 23d
district, middle division, rendered at the July term,
A. D. 1860, thereof.
Approved, December 7, 1861.
No. 116.]
AN AGT
Tenure of pres-
ent board.
New election.
To amend the Gharter of the Southern Military
Academy.
Sec. 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of Alabama in General Assembly
convened, That the charter of the Southern Military
Academy be so amended that the present board of trus-
tees of said academy shall hold their office until the first
Monday in July, 1862, when an election for a new board
of trustees shall be held by the respective stockholders
or subscribers who shall have paid their subscriptions
toward building said academy; and an election for a
new board shall be held annually thereafter on the first
03 1861.
Monday in July and every person who shall have paid .
1 . 1 • i.- •' 1 11 1 Z-il 1 A i. /> i^^ Annual election.
hi3 subscription, shall be entitled to one vote for every
five dollars so paid in.
Sec. 2. Be.it further enacted, That the board of trus- Board to consist
tecs shall consist of nine members selected from the "^ °'°^ •"«™''er»
stockholders, as directed by the first section of this act,
one of whom shall be president, to be chosen by the
board; which said president shall have power to call a
meeting of the board at any time, upon five days no-
tice, and a majority of said board shall constitute a Quorum,
quorum to transact business.
Sec. 3. Be it further enacted, That the present or any Military charac-
future board of trustees shall have power to change the^"^™*^''*
military character of said school, to that of any other
kind they may deem best; and if such change be so
made hj the said board, the present regulations and pro-
visions of the said charter as are applicable only to a
military institution, are hereby suspended so long as
such change shall continue in force.
Sec. 4. Be ii further enacted, That the board of trus- noard may adopt
tees shall have power to adopt all such by-laws, vulcs ''''^"' ''"''"'' **=•
and regulations for their own government, and for the
government of said school as to them shall appear best,
not in conflict with the constitution and laws of this
State.
Sec. 5. Be it further enacted, That if the election pro- Election may be
vided for in the first section of this act should not be |J^'>^ '''• »"<'"'"
held on the day therein specified, an election may be
held any time thereafter, upon a notice of ten days,
given by the president of the board: Provided, that tliCproriso.
term of service of no board shall expire until their suc-
cessors are elected.
Approved, December 9, 18G1.
No. 117.] K^ ACT
To amend an Act to incorporate the Indian Creek Male
and Female Academv in Pike county, approved Feb-
ruary 0th, 1860.
Section 1 . Be it enacted hij the Senate a?id ITnuse of Rcpre-
sentativcs of the State of Alabama in General Assembly
convened, That section 2 of said act be so amended as to
1861. 94
remove the restriction against the sale of spirituous
or vinous liquors in quantities of one quart and up-
wards within the corporate limits of said academy.
Approved, December 3. 1861.
Ko. 118.]
AN ACT
tlquor prohlbi'
Hon.
Penalty.
Sd becomes 8d
eection.
Certain act re-
peale<L
To amend the charter of the Jasper Male and Female
Academy, and for other purposes.
Sec. 1. Be it enacted by the Senate and House of Beprc-
sentatives of the State of Alabama in General Assembly
convened, That the act entitled an act to incorporate the
Male and Female Academy in the county of Walker,
approved the 23d February, 1860, be, and the same is
hereby amended, by adding after the first section of
said act the following as the second section ;
Sec. 2. And be it further enacted, That it shall not be
lawful for any person to sell vinous or spirituous liquors,
except for medicinal or sacramental purposes, within two
miles of said Academy ; and if any person shall sell
vinous or spirituous liquors within two miles of said
Academy, except for medicinal or sacramental purposes,
he shall be guilty of a misdemeanor, and on conviction
thereof shall be fined not less than fifty dollars.
Sec. 8. And be it further enacted, That said act be fur-
ther amended, by making the second section thereof
the third.
Seo. 2. Be it further enacted.. That an act entitled an
act to define the boundaries of the town of Jasper, in
the county of Walker, approved the 27th of January,
1858, be, and the same is hereby repealed.
Approved, December 9, 1861.
Ko. 119.] AN ACT
To extend the corporate limits of the town of Auburn.
Sec. 1. Be it enacted by the Senate and House of Rep-
resentatives of the State of Alabama in General Assembly
convened^ That the boundaries of the town of Auburn,
98 1861.
in the county of Macon, in this State, be so extended „ „„, „ ..,
1 1 . 1 • 1 T • /I '1 1 r. , 1 Boundaries eai"
as to inclnde within the limits ot said town the follow- tsn<ied.
ins^ fractional parts of sections lying contiguous to and
adjoining said town, as now limited and defined by law,
to-wit : The west half of section twenty-nine (29,) the
northwest quarter of section thirty-two (32,) and the
southwest quarter of section twenty (20,) all lying and
being in township nineteen (19,) of range twenty-six
(26 ;) and also the east half of section twenty-five (25,)
the northeast quarter of section thirty-six (36,) the
the southeast quarter of section twenty-four (24,) all in
township eighteen (18,) and range twenty-six (26;) and fended' ov*' the
the laws now in force in reference to said town of Au- ^[U'^j!'"'**"'' '"
burn arc hereby extended over the limits herein above
described.
Sec. 2. And be it further enaettd, That the sixth sec- eth section of act
tion of an act entitled "An act to incorporate the town
of Auburn, in the county of Macon," approved on the
second day of February, A. D., 1839, be amended by
striking out the word "twenty-live " where it occurs in
said section and in lieu thereof insert the word "fifty."
Approved. December 7, 1861.
of 1S39 amended
Ko. 120.] AK ACT
To amend the charter of the town of Gainesville.
Sec. 1. Be it enacted hy the Senate and House of Rep-
resentativcs of the State of Alabama in General Assembly
convened, That the Intcndant and Council of the town a money tax m
of Gainesville shall have power and authority hereafter Sor^°^*""'
to impose upon each person and hand liable to street
duty in said town, and to collect from the persons and
the owners of slaves who are liable to such duty a
money tax, not exceeding five dollars a year, for each
person and hand so liable, instead of calling out such
persons and hands to work on the streets in said town,
and the persons and hands for whom the said tax shall
be paid, shall be exempt from street duty in said town rroL^trKoty.
during the year for which the payment of said tax shall
be made; Provided, that tlie persons and hands forprotiw.
whom the tax shall not be paid or collected shall be
liable to bo called out to work on the streeta in said
1861. 98
town as heretofore; and j^^^ovidcd, further, that the
money collected on account of said tax shall be applied
to the keeping of the streets and bridges of said town
in repair.
Approved, December 7, 1861.
No. 121.] AN ACT
To amend the charter of the city of Montgomery.
Sec. 1. Be it enacted by the Senate and House of Eepre-
sentativcs of the State of Alabama in General Assembly
convened^ That in addition to the powers heretofore
]Jfpe°Vg\TSiit granted by the charter of the city of Montgomery, the
company. Q{ij Council of Montgomery are hereby empowered to
levy and collect a tax not exceeding one-half of one
per cent, on the value of the service pipe of the Mont-
gomery Gas Light Company laid in the streets of said
Tasonescbange [j^ty, and a tax uot excecdiuo; iif'ty dollars upon the busi-
ness 01 all persons engaged in buying and selling ex-
Authority to pass change ; and to pass an ordinance requiring all persons
a Mrtain ordin. ^^ \,Y'u\g the hidcs and ears of all cattle, sheep or goats,
and the heads and ears of all hogs slaughtered within
five miles of said city, and brought to the said city for
sale.
Approved, Dec. 10, 1861.
No. 122.] AN ACT
To amend the Charters of the towns of Marion, in
Perry county, and Montevallo, in Shelby county.
Sec. 1. Be it enacted hy the Senate and House of Rep-
rcsentatiics of the State of Alabama in General Assembly
^^^t^^^'^^^o.' convened, That the corporation of the town of Marion
hibited. is prohibited from collecting poll taxes and taxes on
on real and personal property for any year after the
year 18G0.
Sec. 2. Be it further enacted^ That all persons within
etreeTduty. ^ "^ the corporation, excepting those who are exempted by
the next section, are liable to work on the streets, side-
91 1861,
walks, bridges, culverts and tunucls within the said
town, not exceeding ten days in any one year, under
such laws and regulations, and subject to such penal-
ties for their violation as the corporation may prescribe.
Sec. 3. Be it further enacted^ That all females, all male Persons exempt
slaves and persons of color under fifteen and over sixty, from strcetduty.
and all white males under eighteen and over fifty-five
years of age, licensed ministers, oflicers, teachers and
students of colleges and schools, engineers and persons
in charge of cars or trains running on rail roads, and
ofiicers of the Confederate States, this State or county.
Sec. 4. Be it further enacted, That from any judg- Appcaia from
ment or decree of said corporation, an appeal lies to the jeerie'.'^""^"' °^
circuit court of the county of Perry, upon the same
terms and conditions as appeals from the judgments of
justices of the peace ; and such appeals when taken shall
in all respects be governed by the laws regulating and
governing appeals from justices of the peace, and the
trial thereof in the circuit court, so far as such laws are
applicable.
Sec. 5. Be it further enacted, That all the provisions Provisionsappn-
of this act shall apply to the town of Montevallo in the^a"|^.'°^°"'^-
county of Shelby : Provided, that this act shall not be Proviso.
so construed as to prevent the corporate authorities of
said town of Marion from levj-ing any tax which may
be necessary to meet the payment of principal or interest
of any debt heretofore legally incurred by the corpora-
tion of said town.
Approved, December 10, 1861.
No. 123.] AN ACT
To amend an Act amendatory of the Charter of the
city of Selma.
Srctton 1. Be it enacted hij (he Senate and House of Bep-
resentotivcs of the State of Alabama in General Asfemh^i/
convened, That the act entitled an act " to amend the
charter of the city of Sclma," approved February 24,
1860, be and the same is hereby altered and amended
as hereinafter specified and enacted.
Sec. 2. Atid be itfurOicr enacted, That any freeholder
1861.
08
Valuation of real
estate may be re-
ferred to three
freeholders.
Mode of selec
tion.
Proviso.
of the city of Selma, wlio may be dissatisfied with the
valuation of real estate in said city, made by the asses-
sor of taxes in said city^ may refer the said valuation of
his real estate to three freeholders of said city, who are
not councilmen, one of said freeholders to be selected
by the person dissatisfied with the valuation made by
the city assessor ; another of said freeholders to be se-
lected by the maj-or of said city, and the third free-
holder to be chosen by the two freeholders first selected,
and the decision of the said three freeholders shall be
the true valuation of the real estate so submitted to
them ; and upon the said valuation, the city taxes shall
be assessed: Frovided,ih.e person dissatisfied with the val-
uation of his said real estate, as returned in the schedule
and valuation made by the person appointed by the city
council shall give to the mayor of said city written notice
of his dissatisfaction and the name of the referee chosen,
by him, within ten days after publication of the return
to the city clerk's ofiice of said schedule and valuation;
and upon the reception of said notice b}' the said mayor,
he, the said mayor, shall designate some person as above
set forth, and these two so selected and designated,
shall select a third person and proceed within ten days
Irom the date of their selection, to hear the case, and
immediately after the valuation of the said real estate
referred to them is made and determined by them, they
shall give notice of the same to the mayor as aforesaid.
„ . . , , Sec. 3. A^id be it further enacted, That at the expira-
MuiHcipal elec- . <• i • t i i
tion to be annual tion 01 the tcmi lor whicli the mayor and common
councilmen of the city of Selma are elected the mayor
and councilmen of said cit}^ shall be elected for one
year, and shall hold their offices for one year, or until
the election and qualification of their successors, and the
elections for mayor and councilmen shall, at the expi-
ration of the terms of the present incumbents, be made
annually instead of biennially, as heretofore.
Sec. 4. And be it further enacted, That so much of an
acts^^eaie™*"^ act to incorporate the city of Selma, " approved Feb-
ruary Gth, 1858, and of an act to amend the charter of
the said cit}' of Selma," approved February 24th, 1860,
as is in confiict with the provisions of this act, be, and
the same is hereby repealed.
Approved, December 3, 1861.
99 1861.
No. 124.] AN ACT "
To incorporate the Peusacola and Mobile Rail Road
Oorapanj.
Section 1. Be it enacted by the Senate and House of
Hcprescntativcs of the State of Alabama in General As scmbhj
conveiiedy ThatH. Park Watson, Benjamin Rusli Jones,
B. Constantine Jones, Henry C. Seniple and A. P. commissioners.
Watt be, and they are hereby appointed commissioners,
to cause books to be opened at such times and phices,
and by such persons, as they or a majority of them may
prefer or select, for subscriptions to the capital stock of
tbe Pensacola and Mobile Rail Road Compan}- of the
State of Alabama.
Sec. 2. Beit further enacted, That the commissioners x.j„p or g^gt
appointed by the foregoing section, shall assemble in meeting.
tlie city of Montgomcr}^ on the 1st Monday in June,
1862, or on such day thereafter as a majority of them
may agree upon ; and a majority being present, they
shall appoint the times and places, when and where
said subscription books shall be opened, and they shall opening or fnh.
determine the amount to be paid on each share, at the ""'p""" »««''•»•
time of subscribing, and they shall cause notice thereof
to be published in such newspapers as they may deem ^^.^ . ^^
advisable at least ten days before the day or days ap- en.
pointed for the opening of said books ; which said books
shall be kept open for twenty days, or until the sum of Book? open (or
one hundred thousand dollars has been subscribed to """"'-^ ^'•^'*-
the capital stock of .said company.
Sec. .3. Be it further cn/f-ted. That whenever the said
commissioners shall find upon examination that the are subgcribci
sum of one hundred thousand dollars or more has been pjfrnt" '""'■ '^"'^'
subscribed to the capital stock of said company, then
the subscribers, and those whom the}- may at any time
associAte with them, their successors and assignees, shall
be and they are hereby made and created a body politic
and corporate, by the name of the Pensacola and Mobile j^.
Rail Road Company, and l)y that name shall have jicr-
pctual succession, and a common seal, with a capacity
to hold, have, receive and enjoy, to them and their as-
signs and successors, property and estate of whatever
nature and quality, and the same to alien, hold, tran.sfcr
and dispose or, so tar as may l»e neces.sar}' to carry into eompanv
etfeot the object of this charter, which is hereby declared
1861. 100
-.StA.
i
to be the construction and maintenance of a rail road
from HuU's bridge on the Perdido river to some point
on the east side of Mobile Bay or to some point on the
Mobile and Great ISTortbern Rail Road : Provided, The
connection with such road shall only be made by and
with the consent of the Mobile and Great Northernjij
Rail Road Company.
A ceuerai meet- Sec. 4. Bc it fuvthcr ciiaded. That whenever upon
rt^J.'r-*''*^*"'^'" examination of said subscription books, the sum of one
hundred thousand dollars, or more, has been subscribed
to the capital stock of said Penaacola and Mobile Kail
Road, the commissioners appointed under the first sec-
tion of this act, a majority of them being present, shall
call a general meeting of the subscribers at such time
and place as the commissioners may appoint, and at
such meeting the subscribers, or a majority of them in
value, shall elect seven directors by ballot, to manage
the affairs of said company for the ensuing year, and
the commissioners aforesaid, or any three of them, shall
be judges of said first election for directors, and the
directors then chosen shall elect amongst themselves
President ofthe<^^'<^ ^f their numbcr to be President of said company,
bcara. and shall allow him such compensation as they may
think proper, and on all occasions whenever a vote of
stockholders shall be taken, each stockholder shall be
^IchThare? allowcd ouc votc for evcry share of stock owned by him
or her; and any stockholder may depute any other per-
prnxy. son to votc for him or her, as his or her proxy, by writ-
ton authority.
If directors not ^EC. 5. B 6 it furthcT eiiacted , That in case it shall s
elected on ccr- happen that an election for directors shall not be mad
tam dav, compa- -l 1 • i i i i n • -\
Bynotdiesoivej ou the day appointed by the laws ot said company, sai
company shall not be dissolved on that account, but
such election may be holden on any other day which
shall be appointed by the directors of said company,
and if necesary such meeting may be adjourned from
Pover to fill va- day to day until such election can be made; and said
cancies. dircctoi's shall have power to fill any vacancy which
may occur in the board by death, resignation or other-
wise.
Sec. 6. Be it further enacted, That the directors shall
mmuK'^^"^^''^® *^^^^^^'^ ^'^""^^'y ^J t^^*^ stockholders of said com-
pany, and shall hold their oflices until their successors
are elected, and the directors so elected shall elect a
President from among themselves.
101
1861.
Sec. 7. Be it further enacted, That the said president p^,,,,, ^^ p,,.i.
and directors may appoint all such officers, engineers, 1^l-^f^^^:^X
agents and servants and confer upon them such power
and authority as they may deem necessary to carry on
the business'of said company, they shall fix the com-
pensation to be allowed them, or give authority to do
so to the president of the company, and may remove
all such officers, engineers, agents, and servants, at their
pleasure, and they shall have power to pass all such by-
laws, rules and regulations as they may consider ncces- ou.cr power..
sary for the good government of the corporation, its
officers, agents, and servants, and for carrying into effect
the object of this act : Prodded, only, That such by-
laws and regulations shall not be contrary to the con-
stitution or laws of this State or of the Confederate
States.
Sec. 8. Be ii further aiaded, That the said president ^,,.,i,i^„^,,„^,.
and directors may open at such times and places as they scriptions.
may think proper, books to receive additional subscrip-
tions to the capital stock of said company upon such
terms and conditions as they may provide, which capi-
tal stock may be added to from time to time, until itLimu.
shall amount to the sum of one million of dollars.
Sec. 0. Be it further enacted, That the said president power to ro.,uire
and directors shall have power to require the stock- ^'uaimeiiu '"
holders of said company to pay such installments on
their respective shares of stock in said company, at such
times as they may think best for the interest of said
company, and upon the failure or refusal of any stock-
holder to pav the installment required on his or her
stock, in pursuance of any call made by said president
and directors as aforesaid, said president and directors
may, upon giving twenty days notice, proceed to sell
at public auction the share or shares of said defaulting
stockholder, or such part as they may think proper, to
the highest bidder, and cause to be transferred on the
books of said company the stock so sold, to the pur-
chaser; and if on sale of the shares of stock held by
said defaulting stockholder, said stock should be sold
for less than the amount due upon the installments
which may have been called in, said stockholder shall
be liable to pay to said company the deficiency in man-
ner and form hereinafter specified.
Sec. 10. Be it farther enadcd, That upon the failure P-..n|»|o^of^^^
or refusal of any stockholder to pay any installments
1861.
102
Proceedings,
called for by the president and directors of said company
or It upon the sale of the stock held by said stockholder
It should be sold for less than the amount due upon install-
ments called, then the said president and directors on
givuig twenty days notice to said defaulting stockholder
niay proceed by their attorney, to move the circuit court
ot the couuty in which said stockholder may reside for
jud^Grment against the stockholder for the amount called
tor by the said president and directors of said company
or as the case may be, for any balance or deficiency that
may be due to said company on said installment so
called for, after the sale of any stock held in said com-
pany by said defaulting stockholder; and said court is
hereby authorized and empowered and required to ren-
der judgment against said defaulting stockholder, at the
term ot the court at which said motion is made; and
all notices required to be given to any defaulting stock-
holder, shall be issued by and in the name of the com-
pany and signed by the secretary of said company, and
said notice shall be served by the sheriff or other legal
olfacer of the county in which said stockholder may re-
side, and said notice shall be executed and returned bv
said ofhcer to the office of the clerk of the court, as in
the case of common writs.
Sec. 11. Be it further enacted, That said company is
hereby authorized to purchase, receive and hold such
lands and other property as may be necessary and con-
venient for accomplishing the object for which this in-
corporation IS chartered, and may by its agents, survey-
ors, engineers and servants, enter upon all lands through
which they may deem it necessary to make said road,
Make selections and to survcy, locatc and contract for land upon which
to construct said road and upon which to erect their
station houses, depots, workshops, buildings and turn-
outs, and for such other uses and purposes as may be
necessary for the operation of said road.
Proceedings Sec. 12. Bc U furthcr enacted, That if said company
n;Tni^l;eTr:c^;l"ot agree with the owners of the land through
erof^nndeannot which they may desire the road to pass, or with aSy
person having the authority to grant the right of way,
by sale or otherwise, it shall and may be lawful for the
clerk of the circuit court of the county in which said
lands may he, on the application of said company or
Its agents, and he is hereby required to issue a writ of
ad quod damnum, commanding the sheriff that without
A? tc) lands and
otliiT J roperty.
lOS 1861.
delay he cause a jury of seven good and lawful men to
be upon such lands on a day tt) be by the sheriff fixed
and appointed, and whereof it shall be his duty to give
notice to the owner, or if he or she be a minor or a
lunatic, to his or her guardian at least five days before
such da}^, if they be w^ithin his county, or if not, or if
the owners be unknown, non-residents or absent from
the State, this notice shall be given by advertisement,
to be by said sheriff posted in some public or conspicu-
ous place in the neighborhood of said laud at least ten
days before the appointed day, and also by advertise-
ment of the same in some newspaper, published nearest
the land, at leastthree weeks by weekly insertions prior
to said da}'; and then cause said jury after being duly
sworn by the sheriff or a justice of the peace, to make
true inquest of the damage that will be sustained by
said owner or estate, by reason of making such road
through such land, and by using so much thereof as
may be necessary therefor, not exceeding one hundred
feet on each side of the road, for the construction of
said road through said land, and not exceeding fifteen
acres at any one place for such station houses, depots,
buildings and turnouts as may be necessary for the bene-
fit of said company. If any juror shall fail to appear, or
by reason of challenge or otherwise shall fail to appear,
the said sheriff" shall fill said jury as soon as possible,
and if they fail to reudera verdict, the said sheriff" shall
again on the same or on some subsequent day, empanel
a new jury or jurors until a verdict be had, such ver-
dict and inquest regularly certified by said sheriff", shall
be returned to the office of the clerk of the circuit
court of the county in which said lands lie, and there
remain among the records, and such verdict shall vest
in said company the right to use such land, timber and
stone, granted for the purposes of the said company,
on the payment or tender of payment of damages there-
on assessed against said company, and in case of per-
sons non-resident or unknown as aforesaid, or upon the
refusal of said persons to receive the amount, tlie
placing of such damages to the credit of the owner in
the hands of the probate judge of the county in which
said lands may be, shall be deemed and taken as pay-
ment, and such judges shall be liable on their bonds to
make due payment.
Sec. 13. lie it further enacted, That the jurors trying
1861, 104
Oath of jurors ^^^^ causG shall take the following oath, which oath the
suinmonedto as- sheriff or his deputy acting iu said case is hereby au-
thorized to administer : You, and each of you, do swear
or affirm, as the case may be, that you will well and
truly try the case now pending and submitted to your
decision between A. B., complainant, and the Pensacola
and Mobile Railroad Companj- of Alabama, defendant,
and that you will take into consideration the advantages
which said owner will derive from the increased value
of his land caused by the construction of said road, as
well as the injury and damage which may be done to
him by the use of the land, timber, stone, &c., for the
construction and maintenance of said roads, so help
Proviso. you God : Provided^ That in no case shall the owner of
the land be brought in debt.
Either party Sec. 14. Be it fuHher eiiactedy That either party may
mayapijeai. appeal to the ucxt circuit court, held after the assess-
ment, by application to the clerk of the court within
thirty days after such assessment, and upon giving se-
curit}" for the prosecution of such appeal, and in case
the appeal is made by the corj^oration for judgment,
which may be rendered against it on appeal.
Trial of appeals. Sec. 15. Be U fuHhcr euacted', That the trial of such
appeal shall be de novo, and if the corporation is the
appellant, and the damages assessed are equal to or
As to costs. greater than found on the previous inquest, the appel-
lant must pay the costs, and the court may award not
exceeding ten per cent, damages if of the opinion that
the appeal was taken for delay merely.
Costs against the Sec. 16. Bcit further enacted, That in case the appeal
ulinclle * ^*^'^' '^^ "*^t taken by the corporation and the appellant does
not recover more damages than were assessed to him,
judgment for cost must be rendered against him ; on
such appeals when judgment is against the appellant,
execution may issue against his security.
No hindrance to Sec. 17. Be it fuvthcr cnucted, That the work of sur-
"^^workbyap- ycying, locatiug and constructing said railroad, shall iu
no wise be hindered or delaj^ed on account of the pro-
ceedings had under the provisions of the foregoing sec-
tions of this act.
Penalty for inju- ^^^" ^^- Be it furtlwr euacted, That in case any per-
ring or obstruct- SOU shall wilfully injurc or obstruct said road, or delay
mg le roa . ^^^^ coustruction thcrcof, he shall forfeit and pay to said
company three times the amount of damages it may
have sustained in consequence thereof, to be sued for
lOS*^ '^ 1861.
and recovered in the same manner as required by law
for such individuals in like case, and on complaint to
any magistrate within whose jurisdiction such otienso .
shall be committed, it shall be the duty of the said
mas-istrate to bind the person or persons so offcndins:, « .r „^^i
. ? n' • • n 1 • 1 • 111 • ^ BonJ for good
With sumcient security, lor his or their good behavior, behavior.
for a period of not less than one year, and such oftender
shall in addition be subject to all the penalties now
provided by law for such offences.
Sec. 19. Be it further enacted^ That whenever it shall
be necessary for the construction of said road, to inter- e3°ovc7*^8trJanfC
sect or cross any stream of water or water course,
whether navigable or not, it shall be lawful for said
company to construct across said stream bridges, which,
if upon navigable streams, shall be with draws of suf-
ficient width to admit the safe passage of steam or Not to obstruct
other vessels navigating said stream, to be built upon navigation.
such plan as will allow the passage safely of steam or
other vessels, by, around, or under such bridges, and
provided that said company shall keep at all times, day
and night, proper watchmen to avoid delay in the pas-
sage of such steam or other vessels as may navigate
said stream.
Sec. 20. Be it further enacted, That if it shall be ncces- Public roads may
sary for said company to continue the rail road across ''f"'^";''f°I,,
" ^ ^• 1 ^ • 1 • i chauged in cer-
or upon any public road or highway, or in case such tain cases.
public road or highway is so located, that said road
cannot be judiciously laid out and constructed across
or upon the same without interfering therewith, in such
case or cases, said corporation may by their engineers
cause such road or highway to be changed or altered in
such manner that said rail road may be made on the
best site of ground for that purpose :^ Pro!;?V/a/, That
said road or highway shall be put by said corporation
in as good repairs as it was at the time of altering or
changing the same.
Sec. 21. Be it further enacted, That the president and Board may bor-
directors of said company shall be and they are hereby gSndsf &^.""
autliorized and empowered to borrow money to carr}^
into effect the object of this act, to issue notes, bonds •
or other obligations for the payment of the same, in
such form and payable at such times and places, and
bearing such rates of interest as they may prescribe,
and tlie said president and directors are hereby invested mortage"."
with full authority and power to mortgage their road
1861.
106
and property, and the franchise of said company, to
secure the payment of the same, by deed of trust or
otherwise, and they have full power to hypothecate,
sell, or otherwise dispose of the promissory notes,
bonds, or other obligations, of any person or persons,
or of any corporation, and if necessary to guarantee the
payment of the same by endorsement or otherwise.
Sec. 22. Be it further enacted, That after the comple-
tion of any part of said road, the said Pensacola and
Mobile Rail Road Company may levy and collect tolls on,
and from all persons and for all property, merchandize,
and other commodity transported thereon, and said
company may contract for the transportation of the
mail, and for the exclusive right to use their passenger
train for expressing goods, wares, merchandize and
money.
Sec. 23. Be it further enacted, That all the hands be-
from road duV lougiug to or employed by said company on their road,
works, or engines, are hereby declared to be exempt
from road duty in the several counties through which
said road may run.
Approved, December 9, 1861.
May levy and
collect tolls.
Other rights.
Hands exempt
Xo. 125.]
a:n" act
To amend the Charter of the Alabama "and Florida
Rail Road Company.
Extend track
through city of
Montgomery.
Privileges as to
right of way con-
ferred.
Section 1. Be it enacted by the Senate and House of
Bepresentatives of the State of Alabama in General Assembly
convened, That the Alabama and Florida Rail Road
Company is hereby authorized to extend the track of
their rail road, from a point at or near its present ter-
minus near the city of Montgomery, through said city
to the depot of the Montgomery and West Point Rail
Road, and to make such connection with said Mont-
gomery and West Point Rail Road as the said compa-
nies may agree upon.
Sec. 2. Be it further enacted, That all the privileges
granted to said Alabama and Florida Rail Road com-
pany, under their act of incorporation, or under any
amendments made thereto, are hereby fully conferred
lOV 1861.
upon said company, to enable them to obtain the right
of way throupjh said city.
Approved, December 3, 1861.
No. 126.] AN ACT
To explain an Act, entitled an Act to incorporate the
Mobile and Spring Hill Rail lload Company.
Whereas the power is given by said act to the muni-
cipal authorities of the city of Mobile to impose an an-
nual tax of one dollar on every one hundred dollars of
the gross earnings of said companj^ and by the terms
of said act, the said municipal authorities claim the
right to impose the said tax upon the gross earnings of
said company, outside of the corporate limits of said
city, and to collect the same by the said city's tax col-
lectors, contrary to the spirit and intent of said act, and
to the manifest justice of the case, since the company
receive none of the franchises or privileges from said
municipal authorities, outside of the city limits ; now.
therefore,
Be it enacted hij the Senate and House of Eepresentativcs
of the State of Alabama in General Assembly convened^
That the true intent and meaning of said act, is, that '^'""^^eaning.
the said municipal authorities should only have the Tax on earnings
power to impose the said tax on the gross earnings of Mobue."'"*''*^'''
said company, within the limits of the said city of
Mobile.
Approved, November 11, 1801.
No. 127.] AN ACT
To amend the Charter of the Opelika and Talladega
Kail Road 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 Opelika and Talladcf?a Rail Road _ ,
Company, be, and is hereby fully authorized and em- tended to tus-
powered, in addition to the powers conferred by their *^'""''''*'
1861.
108
Bights, &c., ap
plied to exten-
sion.
Name changed
Capital stock
raised.
"Confederate
States" for '
ted States.'
charter, to extend and construct their rail road, on a
route to be chosen by them, from its terminus on the
Alabama and Tennessee rivers rail road to the town of
Tuscumbia.
Sec. 2. Be it further enacted, That all the rights, priv-
ileges and immunities of their present charter of said rail
road company, be applied to the aforesaid portion of the
way, between the Alabama and Tennessee rivers rail
road and the town of Tuscumbia.
Sec. 3. Be it further enacted, That the name of the
Opelika and Talladega Rail Road Company be, and is
hereby changed to that of the Opelika and Tuscumbia
Rail Road Company.
Sec. 4. Be it further enacted, That to enable the said
rail road company to construct the said portion of their
road, between the Alabama and Tennessee rivers rail
road and the town of Tuscumbia, the capital stock of
said company may, and is hereby authorized, to be
raised to the sum of $4,500,000.
Sec. 5. Be it further enacted, That in section 3 of the
uni- act of incorporation of said Opelika and Talladega Rail
Road Company, approved December the 9th, 1859, the
words "United States" be stricken out, and "Confeder-
ate States" be inserted in lieu thereof
Approved, November 9, 1861.
:N'o. 128.]
XE ACT
To establish a bank in the city of Tuskaloosa, to be
called the Western Bank of Alabama.
Bank establish-
ed.
Capital etoclr.
Commissioners.
Section 1. Be it enacted hy the Seriate and House of
Representatives of the State of Alabama in General Assem-
hly convened, That a bank be established in the city of
Tuskaloosa, the capital stock of which shall not exceed
six hundred thousand dollars, divided into shares of one
hundred dollars each.
I Sec. 3. Be it further enacted, That L. B. McNeal, R.
C. McLester, John Glascock, E. B. Vaughn, John W.
Pratt, James C. Spencer and Joseph P. Turner, be au-
thorized as Commissioners to receive subscriptions for
shares of stock, not to exceed six hundred thousand
dollars. The said Commissioners, or a majority of
109 1861.
them, shall designate the time and place for I'eceiving ^^^^^ j„ ^^
subscriptions to said stock, and shall keep books open opened for eub-
and receive subscriptions for thirty days, unless the said ^'"■'''"°"''-
amount of six hundred thousand dollars be sooner sub-
scribed, and in any event shall keep books open for ten
days, and until as much as two hundred thousand dol-
lars be subscribed. The said Commissioners shall give
at least thirty days previous notice of the opening said wTanVhow.^'^'
books by advertisement in at least three public news-
papers published in this State and elsewhere, in their
discretion, and they shall keep a correct record of all
their proceedings.
Sec. 3. Be it further' enacted, That at the time of Five dollars per
admitting such subscriptions for stock, the said "hare to be paid.
Commissioners shall require from the subecriber
the sum of five dollars for each share subscribed;
the subscriber shall furtherpay an installment of fifteen
dollars per share within ninety days after the day of other in»toii-
first opening the said books, of fifteen dollars per share
within six months after said opening day, twenty dol-
lars per share within nine months after said opening
day, twenty dollars per share within twelve months
after said opening day, twenty-five dollars per share
within fifteen months after said opening day ; but any Digcretion of
subscriber may, if he thinks proper, pay in his sub- »"^'"'''"-
scription at earlier days than above limited, and in such
case interest shall be equalized with the otlier stock-
holders upon equitable principles. The said Commis-
sioners shall deposit all moneys received by them for **o'?.'^y'o ^cde-
safe keeping in such bank or other place of deposit as
they may select, until the said new bank shall go into
operation, after which payment shall be received by
itself. The Commissioners shall have power to fill va-^^^^^j^
canciesin their own body, occurring by death, absence,
or refusal to act until their duty is performed.
Sec. 4. Be it further enacted, That whenever a sum jr,ec(io„ ^f o^.
not less than two hundred thouaand dollars or more «'<'"•
than six hundred thousand dollars shall have been sub-
scribed 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 ofiicers under the
following conditions, to-wit; The President and ]Ji- conditioni.
rectors of said bank thus appointed shall, without loss
of time, make the uecessary arrangements to put the
1861. 110
bank in operation so soon as pursuant to the provisions
of this act the bank shall possess in gold and silver one-
half of the capital stock subscribed, but the said bank
shall under no pretext whatever commence its banking
operations by discounting bonds,or uotes,orbills,by loan-
ing money or by putting into circulation its own notes,
until it shall actually and in good faith have in posses-
sion, of its own absolute property, in gold and silver,
one-half of the whole amount of the capital stock sub-
scribed, and shall have returned to the Governor of
this State an account thereof, verified by the oath or
afiirmation of the President or Cashier for the time be-
ing, nor shall the bank so commence its operations
until the Governor, satisfied by the return aforesaid,
and by such other evidence as may be ofiered, shall issue
fue^prociamauon ^ proclamation declaring that the return aforesaid had
been duly made, and that it appeared to his satisfaction
that said company had of theirown absolute property the
amount in gold and silver aforesaid, and were authorized
under the provisions of this act to commence their bank-
ing operations as aforesaid, and if the said bank without
actually and in good faith having of its own property
the amount ot gold and silver as aforesaid, or without
having made return thereof as aforesaid, or without
the proclamation of the Governor as aforesaid, shall
commence any such banking operations as aforesaid,
the charter hereby granted shall be null and void.
Penalty for com- ^^^^ ^^® ^^^^ bank shall be considered to all intents and
mcncing without purposes as an unchartered bank, and if more subscrip-
compliance with j-. •^i /j?i,,t/^ •• , , '^
the conditions, tious DC Ottered to the Commissioners than they are
authorized to receive, they shall scale and allow the
Ecriptions to be subscriptious in such mode as they shall deem equitable,
scaled. giving in all cases the preference to subscribers who
shall be resident citizens of Alabama; and if still ne-
cessary, they shall reduce the largest subscriptions so as
to form the proper amount of capital stock and no
more ; Prouided, that no other bank shall be allowed to
take stock in said bank.
Booivs maybe ^^^* ^' -^^ *'^ A^^^/^er C9iac^ec?, That if on closing the
opened again, books a Sufficient capital shall not be subscribed to au-
thorize the bank to go into operation under the terras
of this act, the Commissioners may again open books
afterwards, at such times and places as they may direct,
under the same regulations as heretofore provided,
until the subscription be sufficient, after the bank officers
Ill 1801.
eliall have been elected, if the stock is not full, tbe
Board of Directors shall have power to cause books to
be opened from time to time until the stock and capital
be full, and to appoint commissioners to receive such
subscriptions, under such rules as they may prescribe ;
Frovidcd thirty days notice be given by advertisement
as before prescribed, of the time and place of receiving
such subscription.
Sec. 6. And be it further enacted, That the stockhold- Body corporate
ers of said bank and their successors shall, when a suffi- ^f Aiabama^^""
cient amount shall have been subscribed and paid in,
be and they are hcreb}- created a corporation and body
politic, by the name and style of the Western Bank of
Alabama, and shall so continue until the first day of
June, 1892, and by that name shall be and they are de-
clared able and capable in law to have and own, pur-
chase, receive, possess and retain, to them and their sue- "''■'^'''^s^*-
cessors, lands, rents, tenements, hereditaments, goods,
chattels and eftccts, of whatever kind, nature and qual-
ity, moneys, obligations, stocks, bonds, bills, notes, se-
curities, and choses in action, of whatever kind or na-
ture, and the same may sell, grant, demise, alien, con-
vey and dispose of, and may sue and be sued, plead and
be impleaded, answer and be answered, defend and be
defended, in any suit, matteror thing depending in any
court of law or equity, and shall have power to make,
have and use a common seal, and the same to break,
alter, or renew at pleasure, also to ordain, establish,
alter and repeal bylaws, ordinances and regulations, as
they may deem necessary and convenient from time to
time for the government of said corporation, not being
contrary to the constitution and laws of the Confeder-
ate States, or of the State of Alabama ; also to make
loans and discounts, deal in money, notes, bills of ex-
change, bonds, mortgages, and securities of all kinds,
to receive deposits, to make and issue bank notes, pay-
able 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 opera- ^ „
tious, and generally to do and execute all and singular
the acts, matters and things which to them it shall apper-
tain to do as incident to l)odies corporate, subject liow-
ever to tlie rules and limitations herein contained;
Provided, the said bank shall not in any case deal in or ^"''''=''^'"'
purchase merchandise, produce, or personal property of
1801.
112
Board of direct
on.
ilow elected.
First election.
President.
Election of di-
rectors annual.
any kind, or real estate, except for its necessary banking
houses, buildings and purposes, or by way of securing
the debts due to it, nor shall it issue, or cause to be
made for circulation as currency any notes or bills that
are not payable on demand.
Sec. 7. Be it further enacted, That the affairs of said
bank shall be managed by seven Directors elected an-
nually by the stockholders of said bank. At all elec-
tions the stockholders shall elect the Directors, and
shall vote according to the ratio and scale of votes
following: Each shareholder, for every share he may
hold not exceeding twenty-five, may give one vote;
for every two shares above twenty-five and under fifty,
for every three shares above fifty and under one
hundred, one vote; and for every five shares over one
hundred and under one hundred and fifty, one vote;
and after the first election no shares 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 per-
son or by proxy ; the shares of infants may be voted
for by their parents or guardians ; if married women
by their husbands or trustees ; if corporations by their
president; and if co-partners or joint owners, by either,
unless the the other dissent, in which case neither shall
vote ; and all powers to authorize persons to vote by
proxy shall be in writing.
Sec. 8. Be it further enacted, That the first election
for directors shall be held as soon as may be after the
books of subscription shall be closed, and a sufiicient
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 elected ; shall hand over their
records to them, and the moneys subscribed and paid.
The said Board, so elected, shall proceed to elect a
President from their own number : and the Board shall
continue in oflice until the expiration of the second
Monday in January following, and until their success-
ors shall enter upon their duties. The subsequent elec-
tions for directors shall be held at the banking-house
on the second Monday of January in each year. The
new Board elected shall be authorized to enter upon
%.
113 1861.
its duties on the clay after, and continue until the expi-
ration of the second Monday of January next there-
after, and until their successors shall organize and enter
upon their duties. The polls shall be held by three Rnieainuieeiec-
stockholdcrs, other than directors, appointed by the'*''"-
Board to hold the same. The vote shall be by ballot
under such regulations as the bank shall prescribe, but
ten days notice shall be given of such election in one
public newspaper of the county in which said bank is
located, and no stockholder shall vote at any time
while in default of the payment of his installment of
stock.
Sec. 9. Be it further enacted, That no person shall be Eligibility,
a director unless he shall own one thousand dollars
worth ot stock in said bank, bonajidc, and as his own
property, nor 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 election .
should be made of Directors or President at the time
provided by this act, the corporation shall not be for
such cause"deomed dissolved ; but such election shall
be held as soon after as may be, on duo notice. The
Board shall shall have power to fill all vacancies in the fliicii. ' '
office of President and of directors. 8ix months ab-
sence, removal from the State, transfer of stock down
to a sum less than one thousand dollars ; and any cause
which shall prevent the attendance of such oflicer per-
manently to discharge the duties, or render him incapa-
ble of so doing, shall vacate the seat of such President
or director.
Sec. 11. Be it further enacted, That the President and rasiuerand ©th-
directors of sucli bank shall have power to appoint a""^*^"'-
cashier, and all such officers, clerks, agents and ser-
vants as may be necessary from time to time, to carry
on the business of the bank, and prescribe tlieir com-
pensation and duties, and to require proper bonds for
the faithful discharge of their duties in their discretion,
and t<» issue bank bills payable to bearer on demand at
their banking-house.
Sec. 12. JJe it further enoded.. That the shares ofgtocu assignable
stock in said bank shall be assignable and transferrable
according to such rules as may be instituted in tliat be-
half by the bylaws and ordinances of the bank, and
transter books shall be kept for that purpose; Provided^ Proriso.
8
1861.
114
Another proviso.
May move for
judgment in cer
tain cases.
that incase of the failureof the bank within six months
after any such transfer or sale of stock, the party sell-
ii;g and the party purchasing said stock sliall be each
held liable for the payment of the debts of the bank in
Further proviso. P^'^P^^'^^^'^ ^^ tlic stoclv SO transferred ; Provided, further,
that no transfer of stock shall be made so as to ve^t in
any one stockholder a greater number than one-fourth
the amount of the whole number of shares subscribed
for in said corporation ; And jyrovided, further, that the
bank shall have power to pass bylaws to prevent the as-
signment of shares by parties owing debts to said bank
past due, until such indebtedness be paid, and to with-
hoUi dividends due to persons so being in default, if
they deem it proper.
Sec. 13. Be it further enacted, That if any person or
persons, co-partnership or body corporate, shall be in-
debted to said bank as maker, endorser, guarantee, or
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 tlie State where such
defendant may reside, or corporation so indebted be
located, and judgment shall be thereon rendered as
may be lawful and proper ; Provided, that the defend-
ant in any such case shall have at least thirty days per^'
sonal notice of such motion before the same is made,
specifying what the demand is ; Provided, also, that at
the time of making such motion the bank shall produce
and file a certificate ot the President or cashier under
the seal of the bank, that the debt claimed is really and
Further ^'oviso. bonajide, the property of the bank. Provided, farther, that
if any defendant shall appear and contest the claim, the
court shall require the bank to file its declaration, and
the defendant his pleas, and to cause issue to be joined
in law or fiict, to be tried instanter or during the terra,
as the court may direct, by jury or by the court, as the
case may be, unless on sufficient cause shown it be
necessary to continue the cause, and the court shall give
judgment as may be proper; And provided, further, thsit
the summary remedy thus given shall not preclude any
other mode of redress which may be lawful to enforce
the rights of the bank.
Sec. 14. Be it further enacted, That the said remedies
given for the collection of debts due the bank, shall be
Bequirements.
Proviso.
Eemedics recip'
procal.
115 1861.
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 said corpora-
tion service of process on the President or cashier shall
be sufiicient to bring the defendant into court.
Sec. 15. Be it further enacted. That the said bank shall Fundamenfaiar-
be subject to the following rules and regulations, and '"''''''•
they are declared to be fundamental articles in the con-
stitution of said corporation, to-wit:
Art. 1. The banks shall not commence operations
until half of the capital stock subscribed for be actu-
ally paid in gold or silver, which amount shall in no
case be less than one hundred thousand dollars.
Art. 2. Thai the stockholders in said bank shall be
bound respectively for all the debts of the bank in pro-
portion to their stock holden therein, and this provision
shall in no wise aft'ect or impair the provisions of the
twelfth section of this act.
Art. 3. The bank shall not be authorized to issue or
have in circulation at any one time notes or bills of the
bank to an amount exceeding twice the amount of its
capital stock actually paid in, and in case of an issue
greater than herein allowed the President and directors
under whose administration it may happen shall be lia-.. u.„.
ble tor the same in their natural and private capacities,
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 contrarj^ notwithstanding; but the
corporation shall not on account of this provision be
less liable and chargeable with said excess. Provided, Provi^.
that thePresident and such of said directors who may
have been absent or dissenting when such excess was
contracted or created may respectively exonerate them-
selves from being so liable by forthwith giving notice
of the fact, and of their absence or dissent to the stock-
holders, at a general meeting, which they shall have
power to call for that purpose.
Rule 1. The bank may at its option receive in pay- „.„„_..- »> .
ment, or on deposit, the notes of the banks of other wt pay om.
States, but shall not pay out the same on loans, drafts
or discounts.
1861.
116
Proportion of
coin.
Shall receive on
deposit
Proviso.
Rule 2. The bank .shall be required to procure and
always keep on hand gold and silver, in proportion of
not loss than one-third of the amount of the bills it shall
have in circulation, and if withdrawn, shall immedi-
ately proceed to replace the deficiency.
Rule 3. The bank shall be required to receive money
on deposit and paj^outthe same to order free of charge,
in such sums as the depositors may direct: Provided,
that the bank shall not be required to pay deposits in
less sums than twenty dollars, nor to receive them in
less sums than one hundred dollars.
Rate of interest. RuLE 4. The bank shall not take, retain or receive on
its loans or discounts, interest at a greater rate than as
follows : upon paper running six months or under, "six
per cent, per annum;" upon paper running more than
six and not exceeding nine months, seven per cent,
per annum ; upon paper running inore than nine
months, eight per cent, per annum : Provided, that all
paper held and owned by said bank, shall, after matu-
rity, bear interest at the rate of eight per cent, per
annum.
Rule 5. Ko director shall receive an}^ emolument, but
the President may receive such compensation as the
stockholders shall at a general meeting assign him.
Rule 6. No director shall hold his office more than
three years out of four in succession, but the president
may always be re-elected for the ensuing year.
Rule 7. Not less than three directors shall constitute
a quorum for the transaction of business, of which the
president shall always be one, except in case of sick-
ness or necessarj' absence ; in which case his place may
be supplied by another director, whom under his hand
he shall depute for that purpose; and the director so
deputed may do and transact all the necessary business
belonging to the office of president of said corporation,
under the name of ]iresident pro tem., during the con-
tinuance of the sickness or necessary absence of the
president.
Rule 8. All officers of the bank, the president and
directors excepted, shall be required before they enter
upon the duties of 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 so much of the profits as shall appear to the direct-
Quorum.
Officers to give
bond.
Dirddends,
117 1861.
ors proper, but no dividend shall be paid, as profits,
which shall trench upon the capital of the bank.
Rule 10. Once in every term of three j^eurs, the di- fuu statoment
rectors shall lay before the stockholders, at a general '"^""'«"y-
meeting, for their information, an exact, full and parti-
cular statement ot the condition and affairs of said
bank, showing the particulars of all suspended debts,
and shall give all information to them required, for a
proper understanding of its true condition.
KuLE 11. The directors shall have power to call a General meeting
general meeting of the stockholders at any time they
imxy deem necessarj' and expedient, and a number of
stockholders not less than thirty, who, together, shall
be proprietors of five hundred shares of stock, or up-
wards, may at any time call a general meeting of the
stockholders relative to the institution, giving at least
six weeks notice in the newspaper of the town or county
in which said bank is located, of such meeting, and
specitying the purpose, or purposes thereof.
Rule 12. The said bank shall make to the Co mp- Annual state-
tro'ler of Public Accounts a return once in every year "o",ei° ^"'"^'
of its true situation, showing the amounts of its assets
and liabilities, and of what they consist; also a list of
stockholders ot said bank, and a list of the shares
owned by each.
Rule 13. The Governor of the State shall appoint, „ . .
,, . . , 1 i -i. I 11 1 .'Commissioners
annually, two commissioners, wliose duty it shall be to to examine each
examine the moneys, books, papers and documents of ^'^"'
the said bank, and otherwise examine into its condition,
and make repoi't thereon wi'.hin two months after their
appointment. The bank shall furnish all infurinatiou
to the said commissioners necessary for an accurate
examination, and shall pay to said commissioners four
dollars per day, each, not exceeding ten days each ;
and the said commissioners shall each make aflidavit Affi<iaritofc. m-
before an acting justice of the peace, that they, have """""""
not, previous to the time of their visit, communicated
to the officers of the said bank the time when they would
visit said bank for examination as aforesaid ; which said
affidavit shall be filed in the office of the Secretary of ''''•"'■
State.
Sec. 16. Be it further enacted, That by way of bonus j^^^^, .^y^,^^ ,f
for granting this charter, the said bank shall pay annu- s-^ti'i"*-
ally into the treasury of this State, on or before tiie first
day of Xovember in each year, and while the bank shall
1861. 118
continue banking business, an amount equal to thrice
the taxation which may be assessed on everj^ 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 be in lieu and composition of all taxation by the
State, county, town, or other authority, on the capital
Proviso. stock or business of the bank; Provided, that all real
estate, owned b}^ the bank, shall be subject to pay taxes
as if held by individuals.
When notes not Sec. 17. Be it further enacted, That whenever any bills,
ntark^^'Vo- ^'^ notcs, chccks or other issues of said bank are presented
tested.-' at the counter of the same for redemption, 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
daj' and date, and shall sign the same; and all such
bills, notes, checks or other issues so protested shall
Twelve per cent, draw twclvc percent, interest from the date of such pro-
uonlfto'^tlK-r *®®^ until the same shall be redeemed, together with
interest. the interest that may have accrued thereon; and if any
such note, bill, check, or other issue, ite presented to
said bank and payment refused, and said officer failed
Proviso. to note the same protested, as above provided, such of-
ficer, so failing, and his securities, shall be subject to
pa}^ double the amount of the demand offered and re-
fused, to be recovered by the person aggrieved, in any
court of record in the county where said bank may be
located.
No loan to direc- ^EC. 18. Be it further enacted, That no stockholder of
tor if stock not qq\^ baulv shall rcceivc any loan from the bank, either
^*' " directl}^ or indirectly, until the whole amount of his
stock shall be paid ; and no stockholder, while any por-
tion of his stock is unpaid shall be otherwise a debtor
to said bank; nor shall said bank under any pretext
hold any stock purchased by it of its stockholders for
more than six months from date of purchase.
Bill holder of ex- Sec. 19. Bc U furthev enacted, That if any debt or de-
drertdfiraTsmry ™^"^ ^^^ fi'om Said bank for an amount exceeding one
file bill in Chan- hundred dollars, shall remain unpaid for more than ten
isTefuseT'"^" days after proper demand made for payment, the 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 he elect so to
do, and may, on proof, by affidavit of such refusal to
pay on demand, and of the continuation of such refusal.
119 1861.
made to any chancellor or judge of any circuit court of
the State, pray an injunction, to restrain the 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 modified; and if such
chancellor or judge shall be of opinion, that the debt bcgr"a*nte!i.'"*'
is justly due, and that the bank has no just defence
against the demand, and if it shall appear expedient and
necessary upon the proof presented in order to prevent
fraud and injustice, he shall grant an order for such in-
junction ; Provided, that tlie bank shall have had such Proviso.
reasonable notice of the application, as the chancellor
or judge may prescribe, and shall not be able to show
sufficient cause against the same; and the said judge or
chancellor shall then proceed further to enquire on such
further notice as he may prescribe, whether the bank
be clearly solvent or not, and may require the ofHcers
of the bank to exhibit any and all of its books, pa})ers,
accounts, assets, moneys, and effects, and to be exam-
ined on oath touching the same, before him, or a refer-
ree to be appointed by him ; and if it shall appear that
the said bank is not clearly solvent, then he may make
au order declaring the same to be insolvent and requir-
ing its affairs to be wound up and settled ; and further,
if in his opinion the safetj' 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 the
accomplishment of the same safely, properly and eco-
nomicall3% as the case may seein to require; but if it
shall appear, on such examination, that the said bank is
clearly solvent, or if there shall appear to be a deficiency
of assets, and the bank shall procure and give good se-
curity for the payment |of any deficiency which may
exist, and that the assets shall prove sufficient to satisfy
all the dc'bts of the bank to the satisfaction of the judge
or chancellor, then no such receiver shall he appointed,
and upon the payment of the debt complained of, the
injunction and proceedings shall be disrnissed, such or-
der shall be made for the payment of costs as the judge
or chancellor shall deem just.and proper, and the [»ro-
ceedings shall be returned a^d made of record in the
chancery court of the county or district in which such
1861.
'120
When insolvent,
how to proceed.
Bill-holders pre-
ferred creditors.
Stockholders
farther liable.
Order of the
court.
Remedy for clos-
ing not applica-
ble to mere sus-
pensioQ.
Proviso.
Riglit of bill
holder.
Corporation
name in suits
and liquidations.
bank is located, and shall be subject to the revision and
correction by the supreme court, as in other cases.
Sec. 20. Be it further enacted, That in case the said
bank be found insolvent, and settlement of its aftairs be
ordered as herein provided, the same shall be done upon
bill filed in said chancer^' court under the orders of the
court and rules of chancery, and full distribution shall
be made of the assets, according to the rights of all
parties. But the holders of bank notes and obligations,
issued by the bank for circulation as money, sljall be
first called in and paid, and shall have priority over
other debts due from the bank ; and after the assets of
the bank are exhausted, if they be not sufHcient to pay
all debts and liabilities, a further call shall be made on
the share-holders 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 made by the court for the payment, by each
share-holder, of the sum or proportion due on his sliares
of stock, and each share-holder shall pay the sum so
assessed to him severally in proportion to his stock.
Sec. 21. Be it further enacted, That the summary
remedy in this act, especially given for settling up and
closing the aftiiirs of said bank, shall apply to the case
of insolvency, but shall not be allowed in the case of
a suspension only by the bank of specie payment,
when and so long as such suspension shall be sanctioned
b}' the General Assemblj^, or by the Governor of the
State, during the recess of the General Assembly. But
nothing in tkis act shall be so construed as to deprive
a creditor of said bank from his right to suit in any
other appropriate mode of proceedings, or to prevent
the General Assembly from hereafter regulating by a
general law, in relation to banking institutions, the
mode of enforcing and satisfying the rights of creditors
of said bank; Provided an_y bill holder shall have also
right to move, in any court having jurisdiction, or be-
fore any justice of the peace in the town or county in
which the bank is located, as'the case may require, for
the collection of any bill, the pa)'ment of which may
be refused.
Sec. 22. And he it further enacted, That notwithstand-
ing the expiration of the time for which the said corpo-
ration is created, it shall be lawful to use the corpo-
^21 1861.
rate name, style and capacity for the purpose of suits and
for the final liquidation and settlement of the affairs and
accounts of the corporation — for the sale and disposi-
tion of its estate, real and personal, and collection of its Limiiation.
assets, but not for a period exceeding two years after
the expiration of said term of incorporation.
Sec. 23. That the said bank shall issue no bill or note, Nobuiiessiban
of a less denomination than one dollar. onecu-iiar.
Approved, November 7, 1861.
No. 129.] AX ACT
To establish a Bank in the town of Gainesville, to be
called the Planters Bank of Alabama.
Sec. 1. Be it enacted by the Senate and House of JRep-
resentatives of the State of Alabama in General Assembly
convened. That a bank be established in the town of^j""^' ««*»''"*''■
Gainesville, in the county of Sumter, the capital stock capitoi stock,
of which shall not exceed six hundred thousand dollars,
divided into shares of one hundred dollars each.
Sec. 2. Be it further enacted, That T. Reavis, A. W. commissioners.
Dillard, Jonathan Bliss and Wm. H. Winston, be au-
thorized as commissioners to receive subscriptions for subscriptions,
shares of stock not to exceed six hundred thousand
dollars. The said commissioners or a majority of them
shall designate the time and place for receiving sub-
scriptions to said stock, and shall keep books open,
and receive subscriptions for thirt}^ days, unless the said
amount of six hundred tliousand dollars be sooner sub-
scribed ; and in any event shall keep books open for ten
daj's, and until as much as two hundred thousand dol-
lars be subscribed. The said commissioners shall give
at least thirty days previous notice of the opening of mgbonks.**''*'^
said books by advertisement in at least three public
newspapers, published in this State, and elsewhere, in
their discretion ; and they shall keep a correct record of
all tiicir proceedings.
Skc. 3. Be it furthrr enacted, That at the time of ad- |r, or each share
mitting such subscriptions for stock, the said conimis-p»^;^ »**"''*<="''
sioners shall require from the subscriber the sum of
five dollars for each share subscribed ; the subscriber other instau-
shall further pay an installment of fifteen dollars per "*"'*■
1861.
122
Deposit all mo-
neys.
Fill vacancies.
When officers
may be elected.
Conditions.
Governor issue
proclamation.
share, within ninety days after the day of first opening
the said books; an installment of fifteen dolhirs per
share within six months after said opening day ; twen-
ty dollars per share within nine months after said open-
ing da)^ ; and twenty-five dollars per share within twelve
months after said opening day ; and twenty-five dollars
per share within fifteen months after said opening day;
but any subscriber may, if he 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 com-
missioners shall deposit all moneys received by them
for safe keeping, in such bank or other place of deposit
as they may select, until the said new bank shall go
into operation, after which payment shall be received by
itself. The commissioners shall have power to fill va-
cancies in their own body occurring by death, absence,
or refusal to act, until their duty is performed.
Sec. 4. Be it farther eiiactcd^ That whenever a sum not
less than two hundred thousand dollars, nor 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 the capital stock
subscribed shall have been actually paid in gold or sil-
ver, the said bank may elect its officers under the fol-
lowing conditions, to wit: The president and directors
of said bank thus appointed, 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 bank shall possess in gold and silver one half of
the capital stock subscribed, but the said bank shall
under no pretext whatever commence its banking oper-
ations, by discounting bonds or notes or bills, by loan-
ing money, or putting into circulation its own notes,
until it actually and in good faith shall have and pos-
sess, of its own absolute property in gold and silver,
one half of the whole amount of the capital stock sub-
scribed, and shall have returned to the Governor of this
State an account thereof verified by the oath or affirma-
tion of the president or cashier for the time being; nor
shall the bank so commence its operations until the
Governor satisfied b}^ the return aforesaid, and by such
other evidence as may be offered, shall issue a ])roclama-
tion, declaring that the return aforesaid had been duly
made, and that it appeared to his satisfaction, that said
*
123 1861.
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 the 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 thereof as aforesaid, or without the
proclamation of the Governor as aforesaid, shall com-
mence any such banking operations as aforesaid, the
cliarter hereby granted shall be null and void, and the phancr forfeited
said bank shall be considered to all intents and* pur- t'ingeucV!'*^""'
poses as an unchartered bank, and if more subscriptions
be offered to the commissioners than they are authorized
to receive, they shall scale and allow the subscrip-Sca'ingof aub-
tion in such mode as they shall deem equitable, ^"''"°°^'
giving in all cases the preference to subscribers
who shall be resident 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
more: Provided, That no other bank be allowed to
take stock in said bank.
Sec. 5, Be it further enacted , That if on closing the if nrst subscnp-
books of subscription a sufficient capital shall nk be boTkl'agaTn''"''
subscribed to authorize the bank to go into operation "p*"^''-
under the terms of this act, the commiesioners may
again open the books afterwards at such time and
place as they may direct, under the same regulations as
before provided, until the subscription be sufficient.
After the bank officers shall have been elected, if the
stock is not full, the board of directors shall have power
to cause books to be opened from time to time until the
stock and capital be full, and to appoint commissioners
to receive such subscriptions, under such rules as they
may prescribe, provided thirty days notice be given byp^^^,^^
advertisement as before prescribed, of the time and
place of receiving such subscriptions.
Sec. 6. Beit further enacted^ That the stockholders a tody corporate
of said bank and their successors shall, when a suffi- f
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 Planters Bank
of Alabatna," and shall so continue until the 1st day of
June, 18H2 ; and by that name shall be, and the3'"are
declared, able and capable in law, to have and to o^vn, p^^j,
purchase, receive, possess, and retain to them and their
1861-
124
Restrictive pro
viso.
"^rSi.
Directors.
Mode of
Proxy.
successors, lands, rents, tenements, hereditaments,
goods, chattels and effects of whatsoever kind, nature
and quality, moneys, obligations, stocks, bondp, bills,
notes, securities, and choses in action of whatsoever
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, de-
fend and be defended, in any suit, matter, or thing de-
pending in any court of law or equity; and shall also
havo power to make, have and use a common seal, and
the same to break, alter and renew at pleasure; also to
ordain, establish, niter and repeal by-laws, ordinances
and regulations, as they may deem necessary and con-
venient from time to time, for the government of said
corporation, not being contrary to the constitution and
laws of the Confederate States or of the State of Ala-
bama. Also to make loans and discounts, deal in
mone}^ 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 arc within the
scope of banking operations; and generally to do and
execute all and singular, the acts, matters, and things,
which to them it shall appertain to do, as incident to
bodies corporate, subject, however, to the rules and
limitations h>Drein contained : Provided, The said bank
shall not in any case, deal in, or purchase merchandize,
produce or personal property of any kind, or real estate,
except for its necessary banking houses, buildings and
purposes, or by way of securing payment of the debts
due to it ; nor shall it issue or cause to be made (for cir-
culation as currency,) au}' notes or bills that are not
payable on demand.
Sec. 7. Be it further enacted, That the affairs of said
ba)ik shall be managed by seven directors elected an-
nually by the stockholders of said bank. At all elec-
tions the stockholders shall elect the directors, and shall
vote according to the scale and ratio of votes fol-
voting. l^^^ving : each stockholder, for every share he may hold,
not exceeding twenty-five, may give one vote; for every
two shares above twenty-live and under fifty, one vote;
for every three shares above fifty and under one hun-
dred, one vote; for every five shares over one hun-
dred and under one hundred and fifty, one vote; and
125 1S61.
for every ten shares over one hunclrecl and iiftjj, one vote ;
and after the first election, no shares shall confer a right
to vote which shall not have been hold, n by the voter
three calendar months previous to the election, ihe
stockholders shall he entitled to vote either in person
or by proxy; the shares of infants may be voted for l)y ^^^^^
their parents or guardians ; if married women, by their
husbands or trustees; if corporations, by their presi-
dents, and if copartners or joint owners, by either, un-
less the other dissent, in which case neither shall vote ;
and all powers to authorize persons to vote by proxy
shall be in writing. ,» . i ^- . ... ,
Sec. 8. Be it ficrther enacted, That the hiv^t dection F,rst^e.«c^^^^
for directors shall be held as soon as may be after the
the books of subscription shall be closed, and a sutti-
cient number of shares be subsciibed. The sa^d «""/"
missioners appointed to receive subscriptions shall hold
said first election on such day as they mav appcnnt
after o-iving thirty days notice of the time and place ot
holdin- th? same ; they shall certify to the directors the
names of the persons elected; shall hand over their ^^
records to them and the moneys subscribed and paid. |j^—
The said board so elected shall proceed to elect a prcsi- EjecUon ofpr<>»-
dei t from their own number, and the board shall con- 1^';^"^^^^^^^,^^
tinue in office until the expiration of the second Monday c boaH.
in January following, and until their successors shall
enter upon their duties. The subsequent election for E.ecti«n^^oMj^
directors shall be held at the banking house, on the sec- ^
ond Mondav in January in each year. The new board
elected shaU be authorized to enter upon its duties on
the day after, and continue until the expiration ot the ^g^
second Monday of January next thereafter, and until
their successors shall organize and enter upon their du-
ties The polls shall be held by three stockholders other pou*.
than directors appointed bvthe board to hold the same.
The vote shall be by ballot under such regulations as the ^^^^^^^^ ^^^
bank shall prescribe, but ten days notice of such elec- ^.^^
tion shall bo given in one public newspaper of t lie
county in which said bank is located; and no stock- n^f
holder shall vote at any time while m dehvnlt ot tliCvo,.-.
payment of instalment of stock. »„.^K,i.v„f.
Sec. 1». Be it further enndcd, That no person sha l)e kw«> of.
a director unless he shall own one thousand dollars
worth of stock in said bank, bona fide, and as his own
i
^^^^' ... .*^. 126
property nor unless he shall be a resident citizen of this
fetate, and is not a stockholder in any other bank
duHtr ,. ^^^- ^^-^f a further enacted, That in case no'elec-
uin contingency noii slionld be niadc of directors or president at the
tune provided by this act, the corporation shall not be
tor such cause deemed dissolved, but such election
shall be held as soon after as may be on due notice. The
Boardcanfl,, va. hoard shall havc pon-er to till all vacancies in the office
vn/ f n .1 'l^;\di''<^«tors. Six months absence, remo-
val f.om the State, transfer of stock down to a sum less
^rovo?rt1 ^';r"1 ^^^^^^ and any cause wWch shaH
prexent the at endance of such officer permanently to
discharge the duties, or render him incapable of so do-
ing, shall vacate the seat of such president or director.
'cZll-Xl^ J^^'' 11- f' ^^Miher enacted, That the president and
erofflcer. duectors of such bank shall have power to appoint a
a m a'v hotfl '"'^' f ''''^•' '^''^''^ '^'^''^ and^slrvants
as may be necessary, from time to time, to carry on the
dklnf Vf," 'y'-'"' .1^''°P'^" ^^"^^ ^^' the faithful
t n' 1 nr. u "^I'T' ^" '^'''' ^^'««''^tion, and to issue
iiig hoiiscT ^ ^' ^'^ ^'''''' "^^ ^""^'^"^^ ""^ tJieir bank-
stock assignable, ^^c 12. Be it further enacted, That the shares of stock
in said bank shall be assignable and transfemb e ac
rite.'l?'' rnlos as shall be instituted in that behaTf,
by tlie b}-laws and ordinances of the bank, and transfe^
c.t"f1ir"fHn ^'^V'^r ^^^t purpose; P,.k ^ Ibatt'
case of he failure of the bank within six months after
any such transfer or sale of stock, the party sel inc. and
the party purchasing said stock, 'shal/be e'ach fd lia^
ble tor the payment of the debts of the bank, in proDor-
tion to the stock so transferred; Provided fliraerfh^t
amount of 1 .'' ""i f'""''' i"'^^^'' *^^''^" one-fourth
amount of the whole number of shares subscribed
Anot.erp.vUo. for HI Sa^dc^^^^^^^ ^^^^^^d
ass ..n e f fr power to pass by-laws to pi'event the
Sec. 13. Be it further enacted, That if any person or
SeMrd\o^'Pi?n""'f''P '' 1^^^^ corporate, s'liK in-
debted to said bank, as maker, endorser, guarantee, or
Proviso.
Liability.
Further proviso
!•#? 1801.
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 nank may move
for judg-rnent and award of execution against such '^"'^•'"'^""^°''
debtor in any court of record in the State where such
defendant may reside, or corporation so indebted, bo
located; and judgment shall be thereon rendered as
may be lawful and proper; Provided, that the defend-
ant in any such case shall have at least thirty days per-
sonal notice of such motion before the same is made,
specifying what the demand is; Provided, also, that at
the time of making such motion, the bank shall pro-
duce and file a certificate of the president or cashier
under the seal of the bank, that the debt claimed is
really and bonafdc the property of the bank ; Provided,
further, that if any defendant shall appear and contest '" er proviso.
the claim, the court shall require the bank to file its
declaration and the defendant his pleas, and to cause
issues to be joined in law or fnct, to be tried instanter,
or during the term, as the court may direct, by jur}^ or
by the court, as the case may be, unless on sufficient
cause shown it be necessary to continue the case; and
the court shall give judgment as ma}- be proper: And S'^mmarj reme-
provided, f aril er, that the summary remedy thus given ciude!'** '"^^
shall not preclude any other mode of redress which may
be lawful, to enforce the right of the bank.
Sec. 14. Be it further enacted, That the said remedies Remedies recip-
given for the collection of debts due the bank, shall be"^'*''*'"
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 said corpora-
tion, service of process on the president or cashier, shall
be sufficient to bring the defendant into court.
Sec. 15. Be itfoihrr enacted, That the said bank shall rundamcnui ar-
be subject to the following rules and regulations; and
they arc declared to be fundamental articles in the con-
Btitution of said corporation, to wit:
Article 1. The bank shall not commence operations nairthetiockiM
until half of 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.
Art. 2. That the stockholders in said bank shall bo » .
j:-s
1861. 128
Stockholders boiiiid rGspcctivcly for all the debts of the bank, in pro-
hound for debts portion to their stock holden therein; and this provis-
of bank. ^^^^ shall in no wise affect or fmpair the provisions of
the twelfth section of this act.
„, , .. . x\rt. 3. The bank sliall not be authorized to issue or
circulation not , . . , . . i -n f
to exceed twic- havc in circLiuition, at any one time, notes or bills oi
t.c stock pai m^i^jj bank to an amount exceeding twice tlie amount of
its capital stock actually paid in ; and in case of an issue
greater than herein allowed, the president and directors
under whose administration it may happen, shall be
ideal and* dn'^ec" liable for the Same in their natural and private capaci-
^""- ties ; and actions maj- be brought against them or either
of them in any court, by any creditor of said corpora-
tion, and may be prosecuted to judgment, any condi-
tion or agreement to the contrary notwithstanding; but
the corporation shall not on account of this provision be
rroviso. less liable and chargeable with said excess; Provided^
that the president and such of said directors who may
have been absent or dissentins: when said excess was
contracted or created, may respectively exonerate them-
selves from being so liable, by forthwith giving notice
of the fact of their absence or dissent, to the stockhold-
ers at a general meeting, which they shall have power
to call for that purpose.
May receive, but ^^^^^ 1' I'l^^ bank may, at its option, receive in pny-
notpayout. mcut or ou deposit, the notes of the banks of other
States, but shall not pay out the same on loans, drafts
or discounts.
Proportion of RuLE 2. The bank shall bo required to procure and
coin. always keep on hand, gold and silver, in a proportion
of not less than one tliTrd of the amount of the bills it
shall have in circulation ; and if withdrawn, shall im-
mediately proceed to replace the deficiency.
Deposit*. liuLE 6. The bank shall be required to receive money
on deposit and pay out the same to order, free of charge,
Proviso. in such sums as the depositors may direct: Prodded,
that the bank shall not be required to pa}^ deposits in
less sums than twenty dollars, nor to receive them in
less sums than one hundred dollars.
Rales of interest HuLE 4. The bank shall not take, retain, or receive
on its loans or discounts, interest at a greater rate than
as follows: Upon paper running six months or under,
six per cent, per annum; upon paper running more
than six and not exceeding nine months, seven per cent.
per annum; upon paper running more than nine mouths,
^^
129 1864.
eight per cent, per annum; Provided, that siW paper proviso
held and owned by said bank, shall, after maturity, bear
interest at the rate of eight per cent, per annum.
liuLE 5. No director shall receive any emolument,
but the president may receive such compensation as
the stockholders shall at a general meeting assign him.
KuLE 6. No director shall hold his ofHce more than
three years out of four in succession, but the president
may al^'ays be re-elected for the ensuing year.
Rule 7. Not less than three directors shall constitute Quorum
a quorum for the transaction of business, of which the
president shall always be one, except in case of sick-
ness or necessary absence, in which case his place may
be supplied by another director, whom under his hand
he shall depute for that purpose; and the director so
deputed may do and transact all the necessary business
belonging to the office of president of said corporation,
under the name of president pro tem., during the con-
tinuance of the sickness or necessary absence of the
president.
Rule 8. All officers of the bank, the president and omocrstogire
directors excepted, shall be required before they enter ^""*'-
upon the duties of their office, to give bond and security
such as the board shall approve.
Rule 9. Yearly or half yearly dividends shall be made Dividends,
of so much ofJ:he profits as shall appear to the directors
propei', but no divide,nd shall be paid as profits which
shall trench upon the capital of the bank.
Rule 10. Once in ever}^ three years, the directors Triennial state-
shall lay before the stockho1ders*at a general meeting™*"*'-
for their information, an exact, full and particular state-
ment of the condition and affiiirs of said bank, showing
the. particulars of all suspended debts, and shall give
all information to them, required for a proper under-
standing of its true condition.
Rule 11. The directors shajl have power to call a Gcncrui mectinr
general meeting of the stockholders at any time they
may deem necessary and expedient; and a number of
stockhdlders not less than thirty, who together shiill be
proprietors of five hundi-cd shares of stock or upward;^,
may at any time call a general meeting of the stock-
holders rehitivc to the institution, giving at least six jj^^t.^g „f ^u^,,
weeks noti<M' in the newspaper of the town or county "•'■••I'ng.
i
18G1. ^80
ill which the said hank is located, of such meeting, and
specifying the purpose or purposes thereof.
Annual Riate- RuLiii 12. Thc Said bank shall make to the Comptrol-
uouer!** ^°"''' ^^^ o^ Public Accounts a return once in every year of
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 thc State shall appoint
, Commissioners . . , , • i u i
annuaiiy to IX- aunually, two commissiouers whosc duty it shall be to
amine. examine the moneys, books, papers and documents of
the said bank, and otherwise examine into its condition,
and make report thereon, within two months alter their
appointment. The bank shall faVnish all information
to the said commissioners, necessary for an accurate
Compensation of examination) and shall pay to said commissioners four
cominissioiiLrs. (ij)]]m.g p^j. jr^y each, not exceeding ten days each ; and
Affidavit. the said commissioners shall each make affidavit before
an acting justice of the peace, that they have not pre-
vious to the time of their visit, communicated to the
officers of the said bank the time when they would visit
said bank for examination as aforesaid, which said affi-
davit shall be filed in the ofiice of the Secretary of the
State.
Sec. 16. Be it further enacted. That by way of bonus
Bonus In lieu of # ,• ii • i i. j.i • i i i i ii
aiiuxcs. for granting this charter, the said bank shall pay annu-
ally into the treasury of the State on or before the first
day of November in each year, and while the bank
shall continue banlcing business, an amount equal to
thrice the taxation which may be assessed on every
huntlred dollars of the value for the time being by the
State, on each share of the stock of the bank, which
shall be in lieu and composition of all taxation by the
State, county, town, or other authority, on the ca[:?ital
Proviso. stock or business of the bank: Provided, That all real
estate owned by the bank, shall be subject to pay taxes
as if held by individuals.
<n8iuer to in- ^'"^C- IT. Bc it fuvthcr cnacted, That whenever any
Worse -i-roiest. bills, uotc's, chccks, or othcr issues of said bank, are
presented at the counter of the same for redemption,
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, checks, or other issues so protested, shall
131 1861.
draw twelve per cent, interest from the date of such ,
protest and till the same shall be redeemed together intJi-esV"""'
with the interest that may have accrued thereon ; and
if any such note, bill, cheek, or other issue, be presented
to said bank and payment refused, and said officer fail
to note the same •' protested " as above provided, such Penalty for raii-
offieer so failing and his securities, shall be subject to !![®o\es'^t"'J^"!^°''
pay double the amount of the demand offered and re-
fused, 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 farther enacted. That no stockholder of „.,
%-' 7 Other reffula-
said bank shall receive any loan from the bank either ii"»s.
directly or indirectly until the whole amount of his
stock shall be paid ; and no stockholder, while any por-
tion of his stock is unpaid, shall be otherwise a debtor
to said bank; nor shall said bank under an3^ pretext
hold any stock purchased b}' it of its stockholders, for
more than six months from date of purchase.
Sec. 19. Be it farther enacted. That if any debt or de- „ „, , .
IJ c -11 ij? 1. J- May file bill m
mand due from said bank tor an amount exceeding one chancery,
hundred dollars, shall remain unpaid for more than ten
days after proper demand made for payment, the 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 he elect
so to do ; and may on proof by affidavit of such refusal
to pay on demand, and of the continuance of such re-
fusal, made to any chancellor or judge of any circuit
court of the State, pray an injunction to restrain the
said bank and all its officers, from paying out or in any
way transferring or delivering to any person, any money procoedings.
or assets of said bank, or incurring any obligation or
debt, until such order be vacated or modified ; and if
such chancellor or judge shall be of opinion that the
debt is justly due, and that the bank has no just defence
against the demand, and if it shall a[)pear expedient
and necessary, upon the proof presented, in order to
prevent fraud and injustice, he shall grant an order for
such injunction: Provided, That the bank shall have proviso,
had such reasonable notice of tJie application as the
chancellor 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 intiuire
on such further notice as he may prescribe, whether the
1861.
lis
bank be clearly solvent or not, and may require the
ollicers of the bank to exhibit any and all of its books,
papers^ acconnts, assets, moneyfe and effects, and to be
examined on oath touching the same before him ; and if
it shall appear that said bank is not clearly solvent,
then he may make an order declaring the same to be
insolvent, and requiring its atfairs 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 aftairs; and may make
all such orders for the accomplishing of the same safely,
properly and economically, as the case maj- require; but
if it shall appear on such examination that the said bank
is clearly solvent, or if there shall appear to be a deficien-
cy of assets, and the bank shall procure and give good se-
curity for the payment of any deiicienc}' which may exist,
and that the assets shall prove suiScientto pay or satis-
fy all the debts of the bank to the satisfaction of the
judge or chancellor, then no such receiver shall be ap-
pointed ; and upon the payment of the debt complained
of, the injunction and proceedings shall be dismissed,
ij^drsmiMcd'."^ and such order shall be made for the payment of costs
as the judge or chancellor shall deem just and proper,
and the procce»lings shall be returned and made of
record in the chancery court of the cou.nty or district
in which such bank is located, and shall be subject to
revision and correction by the supreme court as in other
cases.
Si^, 20. Be it further enacted., That in case the said
f/owTopro°c«cTbank be found insolvet)t, and settlement of its affairs
be ordered as herein provided, the same shall be done
upon bill filed in said chancery court, under the orders
of the court and the rules of chancery; and full distri-
bution shall be made of the asseta according to the
]5!ii-hoMer8pre-i'ii?^^ts of all parties; but the holders of bank notes and
ferrcd crt-iiiiora. o[,|ifrations, issucd fof circuhitiou as money, shall be
first called in and paid, and shall have priority over
other debts due from the bank; and after the assets of
the bank are exhausted, if they be not sufiicient to pay
all debts and liabilities, a further call shall be made on
the shareholders 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
133 1S61.
shall be made bj- the court for the payment by eacli
shareholder, of the sum or proportion due on his shares
of stock ; and each sharehohler shall pay the sum so
assessed to hinii severally in proportion to his stock.
Sec. 21. Be it further enncfed, That the summary j,g„^p,,ijj,^^^j.^,
remedy in this act esneoiallv <jrivcn, for settlinsi' up and i'>wo(iin case of
1 • " i.1 if • i.' • 1 1 ■ '"1 1 11 1 i. ""xl simple BHspen-
closmg the arhiirs ot said bank, sliall apply to the case sion.
of 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 ♦
the General Assembly, or by the Governor of the State
during the recess of the General Assemldy. But noth-
ing in this act contained shall be so construed as to
deprive a creditor of said bank of his risrht to suit in
' .1 . , I ,. T J Creditor may 8UC
any other appropriate mode ot proceed ir.gs, or to pre-
vent the General Asseml)ly from hereafter regulating
by a general law, in relation to banking institutions, the
mode of enforcing and satisfying the rights of creditors
of said bank: Frovidcd, Any bill holder shall have the proviso,
right to move in any court having jurisdiction, or before
any justice of the peace in the towu or county in which
the bank is located, as the case may require, for the col-
lection of any bill the payment of which ina}^ be re-
fused.
Sec. 22. Beit farther enadcd. That notwithstandimr ^
. , . . /■ 1 , • ,• 1 • 1 1 -1 ~ Corporal" name
the expiration ot the time tor winch the said corpora- in onits and for
tion is created, it shall be lawful to use the corporate chanefexpire!-?
name, style and capacity, for the purpose of suits and
for the final liquidation and settlement of the affairs
and accounts of the corporation, for the sale and dis-
posi:ion of its estate, real and personal, and collection
of its assets, but not for any other purpose, nor for a
period exceeding two years after the expiration of said
term of incorporation.
Sec. 23. Beit further enacted. That the said bank^. ..„, .. Ji-ii
shall issue no bill or note or a less denomination than oncd«iiar. " H
one dollar.
Approved, November 28, 1861.
Ac: umended.
1861. . ^ 134
No. 130.]' A^ ACT
In relation to the Bank of Alabama.
Sec. 1. Be it enatted hy the Senate and House of Bep-
resentatives of the State of Alabama in General Assembly
convened. That the act entitled "An Act to incorporate
the JJiink of Alabama, and for other purposes," ap-
proved Februar}' 13, 1860, be, and the same is hereby
amended as follows, to wit: by striking out the words
"live hundred. thousand dollars" wherever they occur
fmedT/|5oo|- in said'act, and inserting in lieu of them, at the several
"'•"f. places where the}- are so stricken out, the following
words, " two hundred thousand dollars," and b}' striking
out the words "one year" wherever they occur in said
act, and in like manner inserting in lieu of them, the
"Throe years- words "three vears:" and by strikins: out of article 1, in
for ••oue year.' i^,, .•' n-i i ^ t • ^
the loth section or said act, the words, " which amount
in no case shall be less than two hundred thousand dol-
lars," and inserting in lieu of them the wbrds, "and
T mil. .,,„, the amount of the stock subscribed for. shall \» no case
000 iM- less th:m be Icss thaii two hundred thousand dollars, nor tlie
^'''"^"" amount of gold and silver paid therein, less than one
hundred thousand dollars."
Sec. 2. Be it further enacted, That the act mentioned
Must conforia lo i ,■ i • i t • <• i • i
amenamentsin and reierrcd, to in the preceding section oi this act, be,
and the same is hereb}' amended in all its parts, and in
all respects, so as to make it conform to the amend-
ments of the said act, made and eftected by the first
section of this act.
AnotiR-ract SiiC. 3. Be it further cnacted, That in order to carry
amemw. ^,j^q cftcct the aforcsaid act, as amended by this act, the
first section of an act, entitled "An Act to authorize
books to be opened, at the city of Montgomery for sub-
scriptions to the capital stock of the Bank of Alabama,"
approved February 8th, 1861, be, and the same is liere-
"Two years" for bv amended, by strikins' out of it the words "one year"
"one year." S .i ^i ■ ,• • i- f- ,i .1
wherever they occur, and inserting in lieu or tliem the
words " two years;" and the powers granted to commis-
^' sioners by either of the aforesaid acts, are hereby granted
to, and continued in, the commissioners, or a majority
of them named in the said act approved February 8th,
^ 9 1861, and may be exercised by them so as to enable the
Bank of Alabama to go into operation at any time be-
135 . . ISGl.
fore the loth day of Febnia.iy, 1863, in accordance with
its charter, as amended by this act.
Approved, December 3, 1861.
No. 131.] AI^ ACT
To amend the Charter of the Mobile Savings Bank.
Sec. 1. Be it enacted by the Senate and House of liep-
resentaiivcs of the State of Alabama in General Assenibb/
convened, Tliat the Mobile Savings Bank is hereby ?in- Mayhecomc a
thorized to deposit in the custody and ])ossession of the '^•'■^^ '^*"''-
State, taking receipts therefor from the Comptroller,
bonds of the Confederate States of America, or of the
State of Alabama, to the extent of two hundred thou- *
sand dollars, in sums of not less than fifty thousand
dollars at a time, to remain as a security for such bills,
or notes, as the said Bank may i.-sue and put in circu- ^
lation, and thereupon the said bank shall be authorized fl^
to issue its bills, and notes, to the extent of two dollarsT«o.ioiiarsror
for each and every dollar of said securities so deposited :
Prondcd, that no issue under this act shall be made of proviBo.
less denomination than one dollar; and, provided, fur-
ther, that the Comptroller shall not countersign any
notes or bills for said Savings Bank until the sum of !nn'\nno at icasi
one hundred thousand dollars of such bonds, as are ",'r'!i,'lfeomp-*"
above mentioned, shall have been deposited with him, "•"""■
Sec. 2. lie it furthh' enacted, That each stockholder Liability of the
shall be liable, (in addition to their stock,) in his or l,er^' '''•"'"''"^•
individual capacity, to an amount equal to the stock
held by him, or her, for the redemption of all issues
made by said Savings Bank; and the sale and transfer
of stock by any stockholder of his, or her stock, shall
not relieve them of their liability for the redemption of
tlie issues- of said bank, until the expiration of twelve
months from and after the date of such sale and trans-
fer of stock.
Sec. 3. Be it further enacted, That the said bank shall ^'-'x r-"''" ''"•
be entitled to receive from the Comptroller or otlierest.
custodian of the said bonds so deposited, such coupons
of interest on the same as may from time to time bo
fully due, in the current year.
Sec. 4. Be it further enacted, That if tlie said bank
*.
1861. 136
I- pou failure to ^^^^^^ rcfusG OF fail to rcdeeni in gold, or silver, any of
re.K-ctn, the pro-its issuos authorized under this act, it shall be tije duty
"igs. ^^. ^j^^ Comptroller to prosecute said bank for such de-
fault in the circuit court of Nfobile county, and on con-
viction thereof, he shall sell the said bonds, or a sutii-
cient amount of them, to cover such defalcation, at
public auction, after thirty days notice by publication
in one or more newspapers in Mobile, and shall apply
the money received tor said sales, to the payment of
said issues, and all necessary expenses, and cost, return-
ing to the bank the surplus, if any, arising from said
sale.
Ketnedy if u.e ^^^* ^- ^^ it further enactccl, That if the proceeds of
stock or bonds stoclc. Or bouds, sold under the provisions of this act,
cieiit. ' shall be insufficient to pay the bills, payment of which
shall not have been made on the sale of the stock as
• aforesaid, then the holder of such notes or bills may
sue said Savings Bank, and recover the balance due, in
the same manner as any other debt that they may owe,
ProviHo. and which remains unpaid : Provided, hoivever, that
the holder of any note or bill, the payment of which
Sue dirfctiv. has been refused, may sue said bank, directi}', without
any proceeding to sell said. stock, if such holder shall
Must arstnur- sec j)roper : Provided, however, .that before said Savings
stale' bond^uf ^'^^^^ shall take any benefit, or privilege under the pro-
I'sf- visions of this act, it shall purchase from the Governor
filty thousand dollars of the bonds of this State at par,
and shall be under obligations to make annual returns
^^'!Tl.?'"™* <^f its condition, and the names of its stockholders to
the Governor; and shall pay the same rate of taxes to
the State as is required by the existing law to be paid
by the 13:ink of Selma.
Approved, December 9, 1861.
No. 132.] AN ACT
To Incorporate the East Alabama Insurance Company.
Sec. 1. Be it enacted hy the Senate and Mouse of Rep-
resentatives of the Stale of Alabama in General Assembly
concened, That Wm. 11. Chambers, E. B. Young, John
Body corporate. McNab, Junius Jordau, Eli S. Shorter, Edward S. Ott,
William II. Thornton and William Abney, and their
187 1861.
associates, be, and they are hereby constituted a body
corporate, under the name and style of " The East vVla- Name
bania Insurance Company," and by that name shall be
capnlile ofsuinp; and beinc; sued in all the courts of this
Stale; of purchasing, holding and conveying property ^"' ''*«*=*•
of jJl descriptions; of making and issuing a common
seal, and generall}' of doing any act necessary to carry ^
into ettect the objects of the corporation, not inconsist-
ent with the constitution and laws of this State : And
the said company is also authorized to discount notes,
drafts or bills of exchange, and receive deposits in trust;
to borrow money ; that the capital stock of said cor- capital otocic.
poration shall be one hundred thousand dollar^, with
the privilege of increasing the same to three hundred
thousand dollars, whenever the board of directors deem
it exiiedient, divided into shares of one hundred dollars gi,are8.
each, live dollars on each share to be paid at the time
of subscribing, and five dollars additional on each share
to be paid ninety days after the time of subscribing, whenpoid.
and the remainder in such instalments as the directors
ma}' appoint; the said stock shall be deemed and held ^
as personal property; and if any stockholder shall neglect I
and refuse to make the payments as required, his stock Remedy against
may be sold by order of the president and directors, JJo[d"l.s_"^*'°*^'''
and such stockholder shall be liable for the balance due
by him as stockholder, to the corporation as it becomes
due, and may be sued therefor in the circuit court of
Barbour county, whether he lives in said county or not.
Skc. 2. Be it further enacted, That notice shall be given j,otico of opcn-
for two successive weeks in a newspaper published in ing books of sub-
the county of Barbour, of the time and place, when and *""'' '°°"
where subscriptions will be received for stock in said
comi)any. Said subscription shall be opened under the
inspection and control of Wra. II. Chambers, Junius
Jordan, and William Abney. The books shall be kept
open for five days, and if at the end of t^iat time, more
than one hundred thousand dollars have been sub-
scribed, the subscriptions shall be scaled, until the
amount is reduced to that sum. If less than fifty thou-
sand dollars have been subscribed, the managers shall nooksopened
give notice as in the first instance, and keep the books '**'*'•
open lill the sum of fifty thousand dollars has been sub-
scribed.
Sec. 3. Be it further enacted, That as soon as the sum
of fifty thousand dollars has been subscribed, The man-
1861.
138
Klcction of di-
rectors.
By ballot.
President.
General icsu-
^ ranoe.
IJi
Term of charter.
Property, fund'
Ac , subject to
certain lax.
Certain jtiiHio
laws apply.
agers aforesaid shall give notice for two successive
weeks by advertisement in a newspaper published in the
county of Barbour, calling the stockholders together for
an election of five directors, the election for whom shall
be held under the direction and control of the managers
aforesaid. There shall be five directors, each one of
wliom shall own at least twenty shares of stock, and
who shall hold their oflice for one year, and until their
successors are elected. The election shall be held by
ballot, each stockholder being entitled to one vote for
each share of the capital stock which he may hold.
Stockholders may vote in all elections by proxy in
writing. All subsequent elections shall be held under
the direction of persons appointed by the board of di-
rectors. iThe board of directors shall have power to
elect one of their number president of the company and
to fix his compensation, and also to pass such by-laws
as may be necessar}^ for the government of the company.
Sec. 4. Be it further enacted, That the said incorpo-
ration shall have power to make general insurance upon
houses, gin-liouses, cotton, corn and other produce;
upon lives and health of both white persons and slaves;
upon live stock of every description ; upon vessels,
boats, freights, money, goods, wares and merchandize,
and any other species of property against loss b}^ fire,
dangers of the sea, rivers or otherwise, at such rates of,
premium as they may agree, and to transact all sucb
matters as appertain to an insurance company.
Sec. 5. Be it further enacted^ Thai this charter and all
the privileges and powers herein granted, shall continue
in force for the full term of thirty years from the sub-
, scription of stock, and that the propert^y, funds and
business transactions of- the company shall be subject
to the same rate of taxation imposed by law on the
property and similar business transactions of other in-
surance companies, chartered by this State.
Sec. 6. Be it further enacted, That all public laws
now in force, or which may hereafter be passed prohib-
iting or regulating agencies for foreign banks, or in
relation to the circulation of issues of ibieign banks or
companies as money, shall operate upon and apply to
the corporation hereby created; and that said insurance
company shall not act as the agent of any bank or other
company incorporated by, or located in, another State,
in carrying on the business of banking in this State.
, 189 1861.
Sec. 7. Be it further enacted, That all bonds, bills, payable at office,
and promissory notes, made paj'able at the office of the
East Alabama Insumnce Company, shall have the same
legal effect, and be subject to the same legal remedies,
as if the same were made payable in or at a bank, or
banks of this State.
Sec. 8. J]e it further enacted, That the president or Anmiai state-
secretary of said company, must, on the second Mon-")^',"*"'^*"'"'^'"
day in January in each year, make out under oath, a
statement of the condition of said company, showing
the amount of its assets and liabilities, and shall pub-
lish said statement in some newspaper of general circu-
lation published in Barbour county, and upon failing to pe„aity for fail-
coniply herewith, the charter of the said company shall »■•"•
be and the same is herebj- forfeited.
Sec. 9. Be it further enacted, That the stockholders Liability of tue
shall be liable and responsible for the amount of their ^""^
stock, and no more.
Approved, December 9, 1861.
No. 133.] AN ACT
To incorporate the Gulf City Insurance Company. W-v^'m •
Sec. 1. Beit enacted by the Senate and House of Ilep-
resentatives of the State of Alabama in General Assembly
convenjed, That there shall be established in the city of **
Mobile, a company for the purpose of transacting a gen-
eral insurance business, which company shall be called
and known by the name of the Gulf Cit}' Insurance Name.
Company, and all such persons as shall be stockholders,
and their successors, shall and may have continued suc-
cession ; and shall be capable in law of suing and being I'J'^ "'"' '^esucd,
sued, pleading and being impleaded, answering and be-
ing answered unto, defend and being defended in all
courts and places whatsoever, in all manner of actions,
suits, complaints, matters* and causes whatsoever, and
they and their successors may have a common seal, and
may change and alter the same at pleasure; and also,
they and their successors, by the name and title of the
Gulf City Insurance Company, shall be in law capable Hold property,
of purchasing, holding and conveying all kinds of es-
tates, whether real or personal. That the capital stock
%
1861.
140
Capital stock.
Shares.
"When paid.
Proviso.
Commissioners
to open books.
#
of said companj'^ shall be one hundi'ed thoirsand dollars
whenever the board of directors deem it expedient, di-
vided into shares of one hundred dollars each, live
dollars on each shai-e to be paid in cash at the time of
subscribing, and the remainder by such installments as
the directors may appoint whenever it shall be deemed
expedient to call for the same : Provided, That said G(^m-
pany shall not commence operations until the one-
foui'th of the amount of the capital stock shall have
Further proviso, becu paid in cash : Pi ovided, further, That upon increas-
ing the capital stock of said company as here provided
for, a propoi'tionate increase of cash payment shall be
made at the time of such increase of capital stock.
Sec. 2. Be it farther enacted, That subscriptions shall
be opened in the city of Mobile for the said shares un-
der the superintendence of Colin J. McRae, W. F.
Cleveland, Thomas B. Stallsworth, Samuel S. Webb,
and William Boyles, or any three of them, which said
subscription shall continue open until fifty thousand
dollars be subscribed, but no share shall entitle the
holder to vote at any election, unless the same shall
have been \\q\^ bona' fide by him or her, at least ten days
next immediately before such election.
Sec. 3. Beit further enicted, That there shall be chosen
five directors, who shall hold their oflice for one year,
and until their successors shall be duly qualified, which
dii-ectors at the time of their election, and dui'ing their
continuance in ofiice, shall be holders in their own
right of at least five shares, and shall be elected annu-
Eiectcd annually ally after the first election, at the office of said com-
pany, or at any other convenient place in the city of
Mobile, and at such time of the day as the president of
the company may appoint, of which election, notice
shall be given in one or more papei-s, published in the
city of Mobile, and said election shall be by ballot, and
in person or by proxy, and each stockholder shall be
entitled for eveiy five shares, to one vote, and if no
election takes place on any such da}^ appointed, the
president may oi'der the same from time to time until
an election be effected.
Manner in which ^^c. 4. Be it further enacted, That the directors of the
^hoKn^'^^"" said company in the first instance shall be chosen in the
following manner, vix : as soon as fifty thousand dollars
shall have been subscribed, the said Colin J. McRae,
W. F. Cleveland, Thomas B. Stallsworth, Samuel S.
Directors.
QualiflcationB.
141 1861.
"Webb and William Boyles, before namecl, shall appoint
a place in the city of Mobile for the proceeding to the
election of five directors, and it shall be lawful for said
election to be then and there holden by the subscribing
stockholders, by ballot, under the before mentioned per-
sons, or any three of tliem, notice of which election to
be given in one or more papers, printed in the city of
Mobile, and the persons then and there chosen, shall be
the first directors, and shall serve for one year and until
their successors shall be qualified, that they shall meet
as soon as convenient after the election and choose out
of their own body a president, who shall serve until prwijcnt.
another board by election be qualified.
Sec. 6. Be it further enacted. That the directors, or a By-iaws.Ae.
majority of them, shall have power to make, prescribe ' •
and alter such by-laws, rules and regulations as to them
may appear needful and proper for the management
and disposition of its stocks, property, estates and ef-
fects: Provided, they shall not be repugnant to the
constitution and laws of this State. »
Sec. 6. Be it further enacted. That the president andGencraHngu-
one director, or two directors in the absence of the presi- '■'"'*=^-
dent, shall have full power and authority in behalf of
the corporation, to make general insurance upon live
stock, life, health, fire, nuirine, river freights, moneys,
goods, wares and merchandize generally, and to fix pre-
miums for the same, also to transact all such matters
as appertain to an insurance company; and all policies
made by them and subscribed to by the president or
two directors, and countersigned by the secretary, shall
be binding and obligatory upon the said corporation,
in like force, as if un\ler the seal of said corporation.
Sec. 7. Be it further enacted, That any stockholder Remedy aprain.it
after subscribing, who shall neglect or refuse to pay the fjiljer!^"^*""""
amount due and unpaid on his stock, when called by
the directors, shall forfeit his stock and first payment,
if not paid within ihirty days after a written notice
servcdf on him by the secretary of the corporation.
Sec. 8. Be it further enacted, That said corporation is ix)aniisfund«.
hereby authorized to loan its funds on any public stocks
of incorporated companies, or upon the ^States, or that
of the Confederate States, or to invest the same in real
or personal securities, or in the purchase ot notes, do-
mestic or foreign exchange, or bullion.
Sec. 9. Be it further enacted, That the said corpora-
r ■"
Proriso.
1801. 142 t
Rights. ti'^i'i ^^^ ^'"'d it is hereby authorized to receive in trrist,
or on deposit, all funds or means that may be oitered to
thera, whether on interest or otherwise, and that they
have power to give acknowledgements for such deposits
in such manner and form as they maj'deem convenient
and necessarj- to transact such business . Frovided, Tliat
no paper issued by said company shall be in the form
of bank bills, or circulate as money: Provided, furiher,
That nothing herein contained, shall be so construed
as to authorize said company to exercise banking privi.
leges.
Funds devosited Sec. 10. Be U further enacted, That all funds or moneys
not liable. deposited with said company, as above provided for,
shall be free from liability for any loss or indebtedness,
* arising or growing out of the insurance business of said
corporation.
Vacancies in the S^^' ^^- ^^ U furtliev euacted, That in case of vacan-
board, how filled ey occurring in the board of directors of said company,
it may be lawful for the remaining directors to fill such
• vacancy' by electing any stockholder qualified according
to the requirements of the charter.
Sec. 12. Be it further enacted. That any stock in said
Stock held as se- ^. ' , , ' '' • i i ^ n
curity in certain corporation owucd by any person or persons indebted
''*'^' to said company, v.diether as principal or security for
others, and whether said indebtedness be due or has not
yet matured, shall at the option of the directors of said
company, be held as security until said indebtedness is
discharged, and in case of failure of payment of said
indebtedness within twenty days after maturity of the
same, the directors shall have power to sell said stock,
or as much thereof as will satisfy said indebtedness, by
advertising the same for ten days prior to sale, in any
newspaper, published in the city of Mobile, and without
any further notice to the owner thereof.
Contracts, how ^EC. 13. Be it further enacted, That all contracts for
signed. i]^Q payment of money by the said corporation, shall
be signed by the president and countersigned by the
secretary,
stock and prop- Sec. 14. Be it furthcr enacted, That the amount of
erty liable. capital stoclc, actually paid in, and property of said
company, shall at all times 'be liable to the same rules
of taxation as the property of individuals or like cor-
porations in this State.
EetabiiBh Sec. 15. Be it further enacted, That the board of di-
•geociM. rectors shall have power to establish such agencies as
tis 1861.
they may deem expedient and for the interest of the
corporation.
Sec. 16. Be it further enacted, That this corporation when operations
shall have the privilege to organize and commence '"''^ commence,
operations, as soon as the terms of the charter are com-
plied with.
Sec. 17. Be it ft /rthcr enacted, That in addition to A.iditionai lia-
thc liahility of said company in its corporate character, '^"'"•^"
the stockholders shall be liable for the indebtedness of
said company to the extent of the amount of the stock
held by each in said company.
Sec. 18. Be it further enacted, That this act shall Termor charier,
continue and be in force for twenty years, and take
etfect from the day on which it shall be approved by the
Governor.
Approved, December 10, 1861.
]N"o. 134.] AN ACT
To incorporate the City Savings Association of Mobile.
Sec. 1. Be it enacted by the Sc^ate and House of Rep-
resentatives of the State of Alabama in General Assembly
convened. That William A. Garnett, Edward A. Shaffer, nody corporate
M. G. Hudson, K. M. Gage, W. H. Minge, John II.
Beardslee, James Bond, and such others as may be as-
sociated with them for that purpose, and their succes-
sors, be and they arc hereby created a body corporate,
by the name and style of the "City Savings Associa- Name,
tion," with power to sue and be sued, in all the courts
of this State, of purchasing property of all and every
description, to make and use a common seal, and the
same to alter and renew at pleasure, and generally to
do all and every act necessary to carry out the objects
of the cor[toration, not inconsistent with the laws and
const itutioi\ of this State.
Si'c. 2. Be it further enacted, That said corporation, Director«.
l)efi>re named, or any two or more of them, may organ-
ize the association, and may appoint five directors to
serve until the first Monday in January following, or
until their successors are chosen and accept, and there-
after on the first Monday iip January in each year, the Annual meeting,
association shall hold an annual meeting and choose
1861.
144
five directors for the year ensuing. The directors shall
President. clioose onc of their number president of the associa-
tion and of their board, and they shall have power to
prescribe rules and b^Maws regulating the business of
the association, with its members and with other per-
Certain powers. SOUS; tho}" shall fill vacaucics in their number; the}'^
shall have po^AJer to employ a secretary and treasurer
one or both, or to combine tt)eir duties, and such other
oflicers as may be needful, and shall prescribe the duties
of the officers, and take such bond as may be sufficient,
and such officers they may remove; they shall hold
office until their successors are elected and appoint-
ed ; and said president and directors shall have gen-
eral supervision and control of the business of the
association, and all necessarj' power for that purpose,
subject to the action of the association in general meet-
ing. The associution shall hold such general meetings
as may be deemed necessary. In case the association
should deem it advantageous, it may provide for a
change of the board of directors, except the president,
by two going out and the appointment of two others
quarterly or semi-annuallj^ but no place shall be con-
sidered vacated, until the successor is appointed and
accepts.
Sec. 3. Be it further enacted, That each member of
the association shall, upon its organization, pay the
sum of three hundred dollars, and thereafter the sum
of ten dollars on the first of each month, which sums
and such other as the association may add thereto, shall
be capital stock. The association may prescribe the
penalty in case of default by a member, and may secure
itself against loss b}' taking, holding or applying the
interest of the member to the payment of the install-
ments due. The association shall prescribe the manner
and terms of admission to membership, until compliance
with which, no person shall be a member; also may
govprti as to the withdrawal or expulsion of a member,
and the interest of a member shall in such case, be sub-
ject to such terms as the association may deem its own
interest and safety require, and in every case, the inter-
est of a member shall be subject at all times to any debt
or liability to the association. In case of death of a
member, the association shall not be required to make
eettleraent within twelve months, and mav retain to
Pubscrlptionf,
liow paid.
Terms of admis
eion.
Further powers,
146 1861.
cover bad or floubtful debts, or to pay any debt or lia-
bility to the association from such member.
Sec. 4. Be if further enacted^ That it shall be the duty savings of mom-
of the association to receive on deposit the savings and ''era, Scon de-
earnings of its members, clerks, shop-keepers, and other
persons, that may be offered to it, and to give ac-
kn(nvledgements for such dei)0sits as may be convenient
and nccessarv; to nay to said depositors interest on such „ .
terms and rates, or without interest, as may be agreed
on with the depositors, or as may be provided in the
by-laws, in case of no agreement, and to repay the
principal, after such notice as may be provided in the
by-laws, and upon surrender of such receipts or ac-
knowledgement: Provided, That said company shall
not be compelled to receive a smaller deposit than five
dolhirs, nor to pay interest until the sum of twenty
dollars shall have been deposited by any one person, ^ il
nor until it shall have remained for thirty days.
Sec. 5. Be it further enacted, That to secure depositors capital stock
from loss by said company, the capital stock of said and de'po'sue.''**
company, and all property owned by it, shall be subject
to the debts and deposits of said company.
Sec. 6. Be it further enacted, That it shall be the Rcc«»ve for cot-
duty of the association to receive for collection upon '**'"°"'
the usual terms, all promissory notes and bills of ex-
change, made payable at its office, or at any of the
banks or banking offices in the city of Mobile, and for
convenience the office of the association may be known
as the City Savings Association, and all notes and bills
>of exchange, made payable at its office, shall be govern-
ed in all things by the law merchant as established in
this State.
Sec. 7. Be it further enacted, That in order to enable 5,.jy,on,jijg
the association to pay interest to depositors, and to dis-f""''«-
charge the other duties imposed hereby, they are em-
powered and authorized to lend its funds upon any
public stock of this State, or of the Confederate States,
or any State of the Confederacy, or any chartered bank
or institution of this State, or upon bond and mortgage
security, or upon personal security, and may purchase
and sell stock of the banks and other chartered corpora-
tions of this State, or foreign and domestic exchange,
notes, bills of exchange, drafts, bullion, and uncurrent
notes and funds, and that it may acquire, hold and sell
10
1861. 146
real estate as a corporation, and erect buildings theraon
for the use of the association, not exceeding twenty
thousand dollars in value, and such other real estate,
and other property, as may be acquired in the way of
securing its debts or claims.
Sec. 8. Be, it further enacted, That the capital of said
ceTd!'''''''*'''^^' association may be increased to a sum not exceeding
Proviso. one hundred thousand dollars: Provided, That said as-
sociation are not authorized to sell or purchase stocks on
time, and that the charter hereby granted, shall be
Limit of charter, limited to the period of twenty years from the time
said association shall be established, and the charter
Must go into op- herein granted, shall be null and void unless it shall be
oLe'ye'Lr!'^'*'"'^ put iu opcratiou iu one year from the passage of this
act.
Approved, November 11, 1861.
Is^o. 135.] KE ACT
To amend an act to incorporate the Southern Insurance
Company of Mobile, approved February 8, 1858.
Sec. 1. Be it enacted hy 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 Southern Insurance Company of Mobile, be and it
river and fire in- is licreby autliorlzcd to transact and do a general ma-
surance. riiic, rivcr and tire 'nsurance business, and the presideni
and directors of said company shall have full power to
make marine, river, fire and general insurances, upon
all insureable property, and to fix premiums for the
same, on behalf of said company, according to their
charter and by-laws, as hereby amended.
_,. ,■ « Sec. 2. Be it farther enacted. That the election of di-
lion of directors, rcctors of Said compauy, shall be held on the second
Tuesday of January of each year, and if, from any
cause, such election is not made on that day, it may be
made on any subsequent day that may be appointed for
that purpose by the president and directors, ten days
notice at least being given of such election, by adver-
tisement in some newspaper, published in Mobile, and
the president and directors shall continue in oflice until
their successors are elected.
147 1861.
Sec. 3. Be it further enacted, That there shall be t,
, ''. n \ ^• ^ r> Two animal gen-
tvTo general meetings or the directors, on tlie first Mon- f^i meetings.
days of Januaiy and July of each year, at which times
they shall examine the accounts and property of said
company, and declare such dividends out of the profits
and gains of said company, as a majority of those of
them present may deem proper.
Approved, JSTovember O, lo61.
No. 136. AN ACT
To amend the charter of the Alabama Insurance Com-
pany.
Sec. 1. Be it enacted by the Senate and Souse of Beprer ^
sentatives of the State of Alabama in General Assembly
co7wened, That the Alabama Insurance Company shall
be authorized to make insurance upon the lives of ^''"*'"'"'*"*^^- mM
white persons, either for life or for a shorter period, and ^Fc
to fix the premium thereon.
Approved, November 9, 1861.
]S 0.137.] AN ACT
To revive and amend an act, entitled an act to incor-
i porate the Eufaula Marincand Fire Insurance Com-
pany, approved 9th February, 1861.
Sec. 1. Be it enacted hj the Senate and House of Bepre-
sentatlves of the State of Alahama in Genera' Assembly
convejied, .That fi'om and after the passage of this act. Act revived,
the act entitled an act to incorporate the Eufaula Marine
and Fire Insurance Company, approved the 9th day of
February, 1861, be and the same is hereby revived ; and
that all the privileges and powers therein granted to
said corporation, may be exercised and enjoyed by said
corporation, under the restrictions as provided for by
said act, except as the same are hereinafter changed ;
Provided, That the subscriptions in said act provided Proviso.
for, shall bo opened as in said act they are provided for,
V •
1R61. 148
between the first day of January, 1862, and the first
day of January, 1863.
Sections 8 and 5 Sec. 2. Be U further enacted, That section 8 of said
alnenXd''^' act, bc and the same is hereby amended by striking out
the name of E. D. Laney as therein used, and inserting
in the place thereof the name of Charles D. Laney, ana
that the 5th section of said act be also amended by
striking out the liaine of C. B. Laney, and inserting in
lieu thereof the name of Charles D. Laney. ^
Certain i.roviso Sec. 3. Be it ftirtlier enacted, That section 13 of said
repealed. ^^^^ |^g jj^,jj ^.j^g same is hereby amended, by repealing
the third and last proviso in said section. •
Approved, December 9, 1861.
No. 138.] AN ACT
To amend "An Act to incorporate the Eufaula Home
Insurance Company," approved Feb. 8, 1861, and for
other purposes.
Sec. 1. Be 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
Fo™cr act Eufaula Home Insurance Company, approved Feb. 8,
1861, be, and the same is hereby amended by striking
out the word two, in the second section of said act, and
inserting in lieu thereof the word five, so as to increase
the capital stock of said company to five hundred thou-
sand dollars.
Numi>erof di- Sec. 2. Be U further enacted, That said act be further
rectoreincreased jjY|^g,^^)c(j jjy increasing the board of directors of said
company to twenty-five, instead of five as provided for
by the 4th section of said act; and that five directors
Quorum. shall constitutc a quorum to transact business, and that
said board of directors shall have the power to fill va-
cancies occurring therein, between annual elections
until the next regular election.
"Houses" for Sec. 3. Bc it furthcr enacted. That said act be further
"horses." amended by striking out in the 6th section thereof, the
word "horses," and inserting in the place thereof the
word "houses." \
Perpetuation of ^EC. 4. Be it further enacted, That said act be further
powers, &o. amended by perpetuating the powejs and privileges
* 149 1861.
granted to said company — subject to forfeiture for such
causes as are no^v provided for by law.
Sec. 5. Be it farther enacted^ That said act be further sections par-
amended by repealing all that part of section 8 of the ''•"'"'^ ''p^'^'*'*-
said act, which prohibits said company from the use of
the bills and notes of foreign banks in the transaction
of their business.
Sec. 6. Be it farther enacted, That all the franchises certain franchi-
and privileges granted "The Mechanics Aid Associa- 1^» |;'^'J^,p[,';"«-
tion," and "The Eufaula Savings Association," by an
act creating said associations, and " The Mechanics Aid
Association, of Sehiia," be, and the same are hereby
granted to the Eufaula Home Insurance Company, upon
the same terms and conditions as therein granted.
Sec. 7. Be it further enacted, That all the privileges priviiegesin sec
herein granted in the 5th and 6th sections of this act, ten"i;,;',7o' other
shall enure totiie benefit of the "Livingston Insurance <'o™p'»"'«^-
Company," in Sumter county; Provided, that the num-
ber (if directors in said company' shall be 5, one of whom
shall be chosen president by the board; and provided,
also, that the provisions of said 5th and 6th sections
shall apply to the G-reenville Insurance Company.
Approved, December 9, 1861.
No. 139.] AN ACT
To amend the charter of the Gainesville Insurance
Company.
Sec. 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of Alabama in General Assembly
convened. That hereafter the notices for the election of Notice of eiec-
ofticers, and the meetings of stockholders shall be re- ushcd.
quired to be published in only one newspaper in the
county of Sumter.
Sec. 2. Be it further enacted, That all paper payable at I'aie""- subject,
the office of said company shall be subject to the com-
mercial law, as to days of grace, transfer, protest and
notice.
Sec. 3. Be it farther enacted, That said company may May reduce cap-
on vote of the stockholders, reduce its capital, to one
hundred thousand dollars, dividing out the surplus,
1861. 150
rateably to the stockholders, subject to the just claims
of creditors and depositors.
Approved, November 11, 1861.
Days of grace.
No. 140.] AN ACT
To amend the charter of the Livingston Insurance
Company.
Sec. 1. Be it enacted hy the Senate and House of Rep-
resentative'^ of the State of Alabama in General Assembly
convened, That all bills of exchange, promissory notes,
and other evidences of debt made payable at the Liv-
ingston Insurance Company, shall be entitled to daj^s
of grace, and shall in all respects be governed by the
\&\\ merchant.
Approved, December 3, 1861.
No. 141.] AN ACT
To amend an Act to incorporate Woodville Insurance
Company, and for other purposes.
Sec. 1. Be it enacted by the Senate and Souse of Rep-
resentatives oj the State of Alabama in General Assembly
Former act convcncd, That thc act entitled "An Act to Incorporate
amended. ^Yiq Woodvillc lusurauce Company, approved 9th of
February, 1861," be, and the same is hereby amended
by striking out the figures "1862," and inserting in lieu
thereof the figures "1863."
Provisos. Sec. 2. Beit further enacted^ That the first and third
provisos in the 10th section of said act be, and the same
are hereby repealed.
Certain provisos Sec. 3. Be it further enacted, That section 4 of "An
peaTJr'"'''""' Act to amend an Act, approved 25th February, 1860,
•incorporating the Opelika Insurance Company, and for
other purposes," be, and the same is hereby repealed so
far only as the provisos contained in said act are con-
otiiers contin- corncd ; aud that the other provisos of said 4th section
be, and the same are hereby continued in full force.
Sec. 4. Be it further enacted, That the time of open-
ued
151
1861.
ino" the books of subscription for stock in the said La Time for opening
Fifyette Insurance Company be, and the same is hereby books extended,
extended until the 1st day of March, 1863.
Sec. 5. Be it further enacted, That "An Act sn^n^le- c«tainc>^^^^^^
mental to an Act to incorporate the Jacksonville insu-
rance Company, now pendina; in the General Assembly,
approved February 23, 1860, be, and the same is hereby
repealed. . o ^ 4.
Sec. 6. Be it further enacted, That section 3 of an act F„r^benen^^^^^^^^^
"to incorporate the Troy Insurance Company, m -t i ke ,^n;„a„y.
county, be so amended as to extend the time of open-
ing the books of said company for the subscription to the
stock thereof, to the first day of February, 1862; and
that so much of section five of said act be repealed, as
inhibits said company from receiving and paying out
notes of foreign banks ; and that section 1 ot said act
be amended by adding the names of U. J. Jones, Joel
D. Murphree and Fressly Davis.
Approved,, December 9, 1861.
No. 142.] AN ACT
To charter the Southern Direct Trading Company.
Section 1. Be it enacted by the Senate and House of
JRenre.^entatwes of the State of Alabama in General Assembly
convened, That A.K.Bell, Cyrus rhillips, Charles Linn, ^corporators.
James Caldwell, J. D. Ilutcheson, A. F. Given, L W.
Roberts and W. C. Bibb, of Alabama: Ferine Brown
and Thomas P. Flemming, of Georgia, and James
Vance and Thomas Power,\if Texas, their associates,
successors and assigns are hereby created and made a iJo.iy corporate,
body politic and corporate, by the name of the South- Name,
ern "Direct Trading Company, and by that name shall
be capable in law of suing and being sued, in any of
the courts of this State ; to make and have a common
seal, and the same to change, alter and renew at pleas-
ure, and generally to do any act or establish such by-laws Rigi.t*.
for the organiy^ation and regulation of said company
as may be deemed necessary by the parties aforesaid,
not inconsistent with the constitution of this State, or
of the Confederate States, or repugnant to the stipula-
1861. 152
tions hereinafter set forth and enacted by the authority
aforesaid.
Capital stock. Sec. 2. Be it further enacted, That the capital stock of
the Southern Direct Trading Coinpany shall be one
million of dollars, (or an equal annount in our own cur-
rency,) with the privilege of increasing the same to five
Shares millions of dollars, to be divided into shares of one
hundred dollars each, and the same to be paid in the
Howandwhen mauucr followiug : Twenty dollars per share at the
''*"^" time of subscription, or at the first meeting of the
stockholders, or as the parties to the first section of this
act may direct, and the residue at such times as the pres-
ident and directors may direct. The said stock shall
be deemed and held as personal property; and if any
pa^cJ/"*^"""" ^^*-^'^^^'^^^^®^ shall refuse to pay or neglect to make the
payment as required, after ten days notice in a daily
newspaper pu^ilished where the domicil ot the corpora-
tion is located, or that of any of its agencies nearest to
the residence of the stockholder, or by written notice
from the secretary, his stock may be sold by order of
the president and directors, and such stockholder shall
be liable for the balance due by him as stockholder to
the corporation, as it becomes due; and may be sued
in the courts of this State for the same.
Opening books. Sec. 3. Be it further enacted, That the books of sub-
scription shall be opened at any time after the passage
of this act, at such place as a majority of the persons
named in the first section of this act may direct; which
books shall remain open until at least one hundred
thousand dollars shall be subscribed for. When the
books are closed, it shall be the duty of the aforesaid
persons, or a majority of them, to call a meeting of the
stockholders by giving them ten days notice, as directed
in section 2 of this act, stating the purpose, hour and place
.n"ctorT'''" °^o^ meeting. This meeting of stockholders shall pro-
ceed to the election of not less than nine directoi's, one-
Term of office, third of whom shall be elected for one year from the
second Monday in January, 1862; one-third for two
years, and one-thii-d for thi-ee years; and who shall hold
ofiice until their successors are elected and ready for
Time of annual duty. The annual meeting of the stockholders shall be
ineet.ng. ^^ ^j^^ sccoud Monday of January in each year, at which
time they shall elect one-third of the directors, to serve
for three years, or until their successors are elected and
ready for duty.
1S3 18gt.
Sec. 4. Be it further enacted, That each stockholder q^^^^j^^^^
in this corporation shall have one vote for every share e*c'» share,
of stock he holds, and a majority of stock represented „
111 . o, 1 1 1 1 1 Quorum.
shall constitute a quorum, fetockholders may be rep-
resented by proxy, and the power to vote for absent Proxy,
stockholders may be constituted by any written expres-
sion of the stockholder appointing a proxy to vote for
him, providing no one not himself a stockholder shall
be capable of acting as proxy for another.
Sec. 5. Be it farther enacted, That the directors so President,
elected in section 4 of this act, shall elect a president
out of their own number, for a term of three years, or
until his successor is elected and on dut}'. A majority
of the directors shall constitute a quorum, and they fui vacancies.
shall have the power to fill any vacancy that may occur
in their own bod}-, and also appoint a president j)'>^o
tempore, when the president is absent from their meet-
iiigs; and if the president or an}' director shall bo ab-
sent without leave, for five successive regular meetings
of the boarvl, a majority oi the same may declare the
place vacant, and proceed to fill the place, without no-
tice to such absent president or director.
Sec. 6. Be it further enacted, That the pi-esident and certain powers
directors of this corporation shall have the power to ""^ '"'''"■'^"
fix the places and mode of transfer of certificates of
stock, as well as the payment of interest and dividends;
to make and pass all such by-laws as they may deem
necessary to carry this act into* effect, and to execute
and authorize the execution of all such bargains and
contracts as may seem to them best for the interest
of the corporation. They shall also have the power to
open agencies at anyplace necessarv for the transaction
of business; they shall have the power and authority to
appoint and remove at pleasure all oflficers and agents
of said corporation, to fix their compensation, prescribe
their duties, provide for the taking of bonds from them
for the security' of the corporation, and for the faithful
performance of their duties.
Sec. 7. Be it farther enacted, That this corporation Dcaiinexchange
shall have the right to receiv6, buy and sell exchange, *"'
deal in money of all kinds, to borrow money on its bond,
or on its own security, or others, to invest in monc}'
and property; and it may loan its money or other prop-
erty to any person, or on any security' which it may
think proper: Provided, that the laws against usury ^'"'*'
1861.
154
InEurancc busi
ness.
Proviso.
apply to this corporation, and that none of the rights or
powers herein granted be construed into a right to make
and issue any note, payable on demand, as money in
this State.
Sec. 8. Be it further enacted, That this corporation
shall have the power to issue policies of insurance
against losses by fire, or water, on all kinds of merch-
andize, goods, wares, chattels, steam boats, steamers,
ships and water crafts of all kinds, and take all kinds
of marine risks, at pleasure, and to act as agents for
foreign insurance companies: Provided a semi-annual
statement be made out for this department, showing
the capital invested to secure the risks so taken, or to
be taken, and duly qualified by the head oflicer of this
department, and sent to the State department for en-
dorsement and publication.
Sec. 9. Be it further enacted, That this corporation
shall have the right to own and sail ships, steamers or
other water crafts, from any port or ports of this State,
to any port or ports of the Confederate Stat^^g, or to any
of the ports of any foreign country.
Sec. 10. Be it further enacted. That the domicil of this
corporation shall be in the city of Montgomery in this
State.
Sec. 11. Be it further enacted, That all the property
and assets of the corporation shall be liable for its debts,
and the stock subscribed in their individual capacities,
in addition to the strict liability of the company as such.
Sec. 12. Be it further enacted. That this charter and
all its rights, privileges and powers herein granted, shall
continue in full force for thirty years, and when liqui-
dated, it shall be under the president and directors, or
Subject to taxa- ^ccordiug to law ; and that the property, funds and busi-
^'°°- ness transactions of the corporation shall be subject to
the same taxation imposed by law on the property and
similar business transactions of individuals; and that
all bonds, bills, promissory notes, or other securities
made payable at the ofiice of this corporation, or that
.of its agencies, shall have the same legal effect and be
subject to the same legal' remedies as if made payable
at any bank of this State.
Approved, December 10, 1861.
Own and sail
sliips, &c.
Location.
Liability.
Tarm of cbart«r.
155 1861.
N'o. 143.1 AIlT ACT
To incorporate the Confederate States Express
Company.
Section- 1. Be it enacted by the Senate and House of
Hepresentatv'cs of the State of Alalnona in General Assembly
convened, That' James K. Powell, B.C.Jones, Josiah incorporators.
Morris, George Cowles, Henry \V. Farley, Charles P.
May, Julius JS'orton and Benjamin F. Ficklin, their as-
sociates, successors and assigns, be and are hereby cre-
ated and declared to be a body corporate under the Body corporate,
name ajid style of the Confederate States Express Com- Name,
pany, and by that name may contract, and be contracted
with, sue and be sued, plead and be impleaded in any
court of law or equity whatsoever, and may make and
have, and use a common seal, to k»e changed at pleasure.
Sec. 2. Be it further enacted, That said corporation Rules reguia-
shall be authorized and empowered to make and adopt, '*'°*'''''
and the same at pleasure to alter and amend, all such
rules, regulations and bv-laws for the government and
management of its affairs, and of those that may be
therewith connected, as may be deemed necessary.
Sec. 3. Be it further enacted. That said corporation cheracter of bu-
ehall have power and authority to convey, carry and*""'^^'
transport, or* have conveyed, carried and transported,
goods, wares and merchandize, of all kinds, gold aid
silver coin, and bank notes, and generally all such other
descriptions of property and things as may be required
or advisable between the cities of New Orleans, and
between such intermediate and other points and places
within the limits of the Confederate States, and over
all such routes, and for such rates of charges, as may be
deemed expedient for the best interest of said company.
Sec. 4. Be it further enacted, That said corporation other rights,
shall be further authorized and empowered to collect
for commission or otherwise, and remit or otherwise
make returns for notes, bills, bonds, claims and de-
mands of all kinds, to employ all such officers, clerks,
agents, and assistants of whatsoever kind, that may be
found or thought necessar}', to purchase and hold, and
the same at pleasure to in any wise convc}' or dispose
of all such propert}^ real, personal and mixed, as may
be found or thought necessary to its best interests, and
generally to do and perform all such other acts and
1861-
156
Ter» of charter.
things as may seem desirable, or as are or may be done
or undertaken by other express companies, not repug-
nant to tlie laws of this State, or of the Confederate
States.
Sec. 5. Be it further enacted, That said corporation
shall exist for thirty years, and rnay engage in business
Cipitai Slock, at any time, after the sum of tifty thousand dollars shall
have been subscribed to the capital stock, but not be-
fore, and shall have the right, power and authority to
increase at will, or from time to time as may be desired,
the sum of its said capital stock; Provided, always,
that its aggregate capital stock shall never exceed tive
hundred thousand dollars.
Sec. 6. Be it farther enacted. That the powers and
roanjToth^r now privileges hereby granted shall not bn sold or trans-
ferred to the Adams Express Company, or the so-called
Southern Express Company, or any other company now
chartered or in existence, or any other p)erson or per-
sons whatsoever : Prpvidcd, however, that each stock-
holder in the company created or chartered by this act,
Liability. shull bc Hablc, out of his individual property, for all
causes of action of every kind against said company,
for an amount equal to the amount of his stock in said
company.
Approved, December 10, 1861.
existing.
I'r&Tiio.
N'o. 144.]
AN ACT
To incorporate the Grand Commandery of Knights
Templar, and the appendant orders, of the State of
Alabama.
Incorporators.
K&me.
Sue and be sued.
Skc. 1. Be it enacted by the Senate and House of Bepre-
senfatives of the State of Alabama in General Assembly
convened, That Richard T. Knott, Grand Commander;
Sterling A. M. Wood, Deputy Grand Commander;
James J3. Harrison, Grand Generalissimo, and Peleg
Brown, Grand Captain General of the said Grand Com-
mandery, and their successors in ottice, be, and they
are hereby incorporated by "the Grand Commandery
of Knights Templar, and the appendant orders of the
State of Alabania," and hy that name shall have capa-
city to sue and be sued, implead and be impleacledin
157 1861.
any and all the courts of this State; to contract and be
contracted with ; to have a common seal, and to alter the
same at pleasure; and its four principal oificers above
named shall have perpetual succession, and may grant dis-
pensations and charters to subordinate Commandcries,
to be subject to and under its knightly jurisdiction ; and
make, ordain and establish its constitution, statutes Righta.
and regulations, not inconsistent with the constitution
or laws of the State of Alabama, or of the Ccfnfederatc
States; and may acquire, hold and enjoy so much real
estate as may be necessary for the erection of proper
buildings for carrying on and conducting its business,
and in the making of such buildings may erect store-
rooms and offices in the lower stories thereof, and rent
out the same, and collect the rent, and hold or loan the
same as it may desire, subject to the regulations here-
inafter prescribed.
Sec. 2. Beit further enacted, That the said Grand coiicct revenue.
Commandery of Knights Templar, and the appendant
orders, shall have power to collect its revenue and to
apply the same according to the ancient customs of the
order, or may loan out the same for the purpose of aid-
ing in benevolent enterprises, or for the purpose of ac-
cuiiuilation : Provided, that the* funds in money or provuo.
choses in action shall not exceed in available assets the
sum of fifty thousand dollars at any one time, and shall
no^t be loaned upon usurious interest, nor shall the
funds or accretions thereof be used otherwise than for
the payment of the expenses of said Giand Command-
ery, and for charitable purposes, and being thus set
apart, the same shall not be liable to taxation.
Sec. 3. Be il further eno.ded, That the three principal poay corporate,
officers, to wit, the Commander, Generalissimo and Cap-
tain General of each subordinate Commandtr}^ under
the jurisdiction of the said General Commandery, and
their successors in office, be, and the same are hereby
created a body politic and corporate, so far as to enable
them for each of their resriective Commandcries, to re-
, , , , . ' , I.I Other righto and
serve, holil and enjoy, possess and retain property both |.ower«.
real and personal, not exceeding in value the sum of
twenty-five thousand dollars, and to sell, alien, or lease
the same in any manner deemed advisable by saitl sub-
ordinate Commandcries, and which said subordinate
Comnnindcries shall he and are hereby incorporated in
the name s.pcciiied in the charter or dispensation granted
1861, 158
by the said Grand Commandery of Euights Templar,
to each of them respectively ; which said charter or
dispensations, whether granted heretofore or hereafter,
shall be evidence of the incorporation under this act in
any court of this State, without further proof, and by
such name said subordinate Coramanderies may sue
and be sued, plead and be impleaded, and do all things
enjoined by the said Grand Commandery, not incon-
sistent w^th the constitution or laws of the land, and
within the scope and purview of the powers hereby
conferred upon the said Grand Comrnandery, and the
said subordinate Commanderies respectively shall re-
tain their said corporate powers, so long as the said
Commanderies shall continue their respective charters
or dispensations, but shall cease to possess any corporate
existence when the charter or dispensation shall have
been revoked or taken away by tlie said Grand Com-
mandery, when the charter and all the eftects of such
subordinate Commanderies, as may forfeit its charter or
dispensation, shall belong to the said Grand Command-
eries, and each subordinate Commandery shall have the
same power with respect to its assets, as are conferred
by the second section of this act upon the Grand Com-
manderies.
other powers. Sec. 4. Be it fuvther enacted, That the said Grand
Commandery and each subordinate Commandery shall
have respectively power to receive by gift, grant, con-
tract, devise or donation by will, subscription or other-
wise, an}'^ personal or real estate, not exceeding in value
the sum hereinbefore mentioned as the maximum of
their assets respectively, and shall have power to sell,
alien or dispose of the same, and that no such gift,
grant, contract or devise, or donation by will, subscrip-
tion or otherwise shall f\iil by reason of any misconcep-
tion of the name of such corporation, and tnat all
contracts or agreements which may have been lawfully
entered into by said subordinate Commanderies hereto-
fore shall be binding upon them in their several corpo-
rate caj»acities under this act, and the same may be
enforced by them respectively, and the property and
effects owned by them being dedicated to charitable
purposes only, shall be exempt from taxation.
Thia act a public Sec. 5. B 6 it further enacted ^ That this act shall be
'"'^' deemed and taken as a public act, and notice thereof
shall be taken in all the courts of justice and elsewhere
159 1861.
in this State, Jind shall be given in evidence on any trial
of any issue or cause, without special pleading.
Approved, December 9, 1861.
No. 145.] AN ACT '
To incorporate the Selma Chamber of Commerce.
Sec. 1. Be it enacted hy the Senate and House of Rep-
resentatives f the State of Alabama in General Assembly
convened, That Charles Lewis, C. E. Thames, J. R.
John, T. W. Street, K Waller, C. B. White, J. B. Har- ^^^^^ ^^^^^^^
rison, J. L. Peijkins, \Y. M. Byrd, T. N. Cunnine:ham, "*^°''p*"'* ""'
T. C. Daniel, J. T. Hunter, W. A. Dunklin, 11. 11.
Ware, J. C. Graham, W. J. Lvles, D. R. Purviance, J.
N. McCure, W. S. Knox, M. J. A. Keith, J. E. Bres-
trid<]^e, Geo. O. Baker, J. M. Lapsley, V. J. Weaver, A.
F. \Vise, M. J. Williams, W. Y. Liindie, A. E. Baker,
J. W. Blandon, J. D. Porter, Dent Lamur, J. W. Laps-
ley, II. 11. Bender, B. J. Duncan, W. B. Haralson, W.
B. lAlilton, A. T. Jones, Jno. Bobbins, F. S. Becton,
W. R. Ditniars, A Boyle, E. Cason, S. F. Hobbs, R. C.
Goodrich, Jno. M. Parkman, J. A. Sylvester, A. J.
Goodman, G. W. Wilson, T. A. Plall, W. Johnson, N.
Smitli, Merritt Burncs, A. L. Haden, R. Hagood, W.
P. Brown, W. B. Gill, W. R. Bill, and their successors
in otlice, be and they are hereb}' created a body corpor-
ate and politic, by the name of the Selma Chamber of ^'''°*-
Commerce, and by that name shall have continual suc-
cession, and may contract and be contracted with, sue
and be sued, plead and be impleaded, and purchase and'*'^^"'
hold sucii property real and personal as may be needful
for their lawful purposes and alien the same, the pur-
poses and business of said company being hereby de-
clared to be to form and maintain a chamber of com-
merce in the city of Selma, in this State, do and perform
all proper acts and business in relation to the regula-
tion of commerce in said city, and in the adjustment of
all difUculties arising in trade and business between
merchants and traders in said city, and such other proper
and lawful business and acta, as usually pertain to
chambers of commerce in cities.
Sec. 2. Be it further cnaded, That said corporation
1861.
160
Other rights.
Proviso,
may adopt and use, and alter at pleasure, a common
seal, and may elect such officers for the transaction of
business as they may deem needful and proper, and
pass and repeal, or alter at pleasure all proper by-laws
for the regulation and carrying on their business: Pro-
vided, said b^'-laws shall not be contrary to the consti-
tution and laws of this State, or of the Confederate
States of America: And provided, further, the Legisla-
ture reserve the right to alter or repeal this act at
pleasure.
Approved, December 7, 1861.
Name.
Rights.
No. 146.] AI^ ACT «
To incorporate the Chemical Manufactory.
Sec. 1. Be it enacted by the Senate and House of Rep-
resentatives of the State of Alabama in General Assembly
convened, That John Darby, W. C. Bibb, P. T. Sayre,
Incorporators, and such othcr pcrsous as may be associated with them
for that purpose, and their successors, are hereby cre-
ated a body politic and corporate, by the name pf the
" Chemical Manufactory," and by that name shall be
capable of suing and being sued in all the courts of this
State, of purchasing, holding and conveying property
of all descriptions, to make, have and use a common
seal, and the same to alter and renew at p)leasure, and
generally to do any act necessar}^ to carry into effect
the objects of the corporation, not inconsistent with the
laws and constitution of this State or of the Confeder-
ate States.
Sec. 2. Be it farther enacted, That the capital stock of
this corporation shall be thirty thousand dollars, to be
divided into shares of twenty-five dollars each, and the
same to be paid in cash at the time of subscription.
Sec. 3. Be it further enacted, That the books of sub-
StiinbooS"8cription shall be opened at any time prior to the first
day of May next, at such places in the cities of Mont-
gomery and Auburn, as the persons named in the first
section ot this act may direct, and the same to be made
public by advertisement in one of the new^spapers of
Montgomery. When the sum of thirty thousand dollars
shall have been subscribed, such subscribers, or a ma-
Capital stock:.
161 •* 1861.
jority of them, shall proceed to the election of five
directors, and the said directors shall elect one of their Directors.
own number president, and such president and directors
shall have full power and authority to appoint and re- powers,
move at pleasure all officers and agents of said corpora-
tion, to fix their compensation, prescribe their duties,
provide for the taking bonds from them for the security
of the corporation for the faithful discharge of their
duties, to fill any vacanc}' in their own body, and also
to appoint a president j^fo tempore when the president is
absent fi'om the meeting, and if the president or a di-
rector is absent without leave for five successive regular
meetings of the board, a majority of the same may de-
clare his place vacant, and proceed to fill it without
further notice to such absent president or director.
Sec. 4. Be it further enacted, That the directors of president and di-
the corporation shall be elected by the stockholders, ■■ectors.
and the president by the directors from their number,
and when elected they shall hold their offices for one
year, or until their successors are elected, and it shall
be the duty of the president and directors to call an
annujd meeting of the stockholders to make such elcc- Annual meeting,
tion, and in all meetings of the stockholders those hold-
ing a majority of the stock shall constitute a quorum,
and the stock may be represented either in person of
the stockholders or by pr^»xy: Provided, the same be in
writing and the person so acting be a stockholder.
Sec. 5. Be it further enacted, That said corporation Real and pcrB»«.
shall have power to purchase and hold real and personal '*^*^'''='^'=-
estate, and to do all other things necessary for the suc-
cessful prosecution of the manufacture of chemicals.
Sec. G. Be it further enacted. That said corporation Liability.
shall be responsible to its creditors to the extent of its
propert}^ and the stockholders to the extent of their
unpaid stock.
Sec. 7. Be it further enacted, That this charter and all Term or charter
the privileges and powers herein granted, shall continue
in force for the full term of ten years from the subscrip-
tion of the stock.
Sec. 8. Be it further enacted. That the president ofprcMdcntto
said company hereby incorporated, shall and must on ^afm''en"r'
the first day of January of each year, make out under
oath a statement ot the condition of said company,
which shall be submitted to the stockholders for their
11
1861. 162
inspection and approval, and if such statement be not
satisfactory to the stockholders, they may require a
new statement to be made out by a committee ap-
pointed by themselves.
When to go into Sec. 9. Be it fuvtlier enacted, That said company shall
operation. j^g allowcd to go iuto Operation when the sum of ten
thousand dollars shall be paid in.
Approved, December 9, 1861.
No. 147.] AN ACT
To incorporate the Southern Salt Manufacturing Com-
"* ' pany, and for other purposes.
Section 1. Be it enacted by the Senate and House of
Representatives of the State of Alabama in General Assembly
convened^ That R.' Thomassy, F. M. Gilmer, Jr., A.
Incorporators. Givcn, and W. II. Rives, their associates, successors
and assigns be, and the same are hereby declared in-
corporated and made a body corporate, under the name
Name. and Style of the Southern Salt Manufacturing Com-
pany, and by that name are capable of suing and being
sued in any of the courts of law or equity within this
State, and shall have the right to have, possess and en-
joy a common seal, and the same to alter, abolish or
renew at pleasure.
Powers 38 to goY- ^^c. 2. And be it farther enacted by the authority afore-
ernmeni. g^id. That the Said corporation shall have power to or-
ganize its government and administration, through such
by-laws and ordinances as it may seem best suited to
the interests of the company, in the election of its ofiBi-
cers,' and the general management of its affairs, and the
said by-laws, regulations and ordinances, to amend from
time to time : Provided, nevertheless, That the same shall
be consistent with the 'constitution and legal require-
rnents of this State, touching corporations, and con-
sistent with the constitution of the Confederate States,
and not repugnant to the provisions of this charter as
hereinafter set forth and enacted.
Capital stock Sec. 3. Be it further enacted, That the capital stock of
may be increased said Corporation shall be one million dollars, with pow-
er to increase the sum to five million dollars, to be di-
shares. yidcd into shai'es of one hundred fJollars each.
163 1861.
Sec. 4. And he it further enacted, That this company p^j^^^^
shall have power to purcliase, own, hold and possess,
Buch real estate upon the rivers, waters, bays and sea,
or gulf shores of this State, as may be necessary tor the .
manufacture of salt, and a|so have power to construct J^^
such inland passage ways, canals, or other modes or jbM^
means of transportation, as shall be by it deemed ne- '^^^'
cessarj' for its operations, and all such real estate and
improvements to lease, re-lease, sell or otherwise con-
vey at pleasure.
Skc. 5. Be it further enacted, That this corporation May establish de-
shall establish convenient depots and agencies, for the Jies'.*'"*''^*"'
sale and distribution of salt in the principal towns and
populated districts of this State.
Sec. 6. And he it further enacted, That upon the sub- When it may or-
scription of one hundred thousand dollars to the capi- **'"'"^'
tal stock of this corporation, the same shall be organ- €|itf|||^ '
ized in accordance with the by-Laws authorized to be
made for its government, due notice thereof being givjen
in accordance with the laws of this State regulating
corporations.
Sec. 7. And he it further enacted, That this corporation Domicii.
shall have power to establish its principal place of busi-
ness or domicil in any city of this State.
^EC,2i^Andhe it further enacted, That this charter Term of charier
shall last and continue for and during the period of
thirty years, from and after the passage of this act.
Sec. 9. And he it further enacted, That this corporation Accept powers
is empowered to accept such powers and privileges not ^'^'»o*«'" »'»*«'
contrary to the constitution and laws of this State, as
ma}' be granted to it by any of the States of the Con-
federate States, it being the declared object of the
Legislature of Alabama, to aid in the production of
salt within the Confederacy, wherever the same can be
most certainly, speedily and safely produced.
Approved, December 3, 18G1.
No. 148.] AN ACT
To incorporate Wills "Valley Coal aud Leather Company.
Sec. 1 . Jie it cnacttd hy tht ^Senate and Jlotisc of Rcpre-
soUativci o/ the fSt<Uc vf Alabama in Ocfurai Assembly
1861.
104
Incorporators.
Kame.
Capital stock.
When may or-
ganize.
OiSfSi
Character of bU'
tinesa.
No banking pow'
crs.
convened, That V. C. Lamore, J. L. Barnard, L- L.
Thomasson, and A. F. Barnard, and their associates
and successors, are hereby incorporated, under the style
of the Wills Valley Coal and Leather Company, and
by that name may have and use a common seal, sue
and be sued, have perpetual succession, and generally
have and enjoy all and singular the rights and privileges,
and be subject to all the duties and liabilities of manu-
facturiug companies, by the laws of Alabama.
Sec. 2. Be it further enacted, That the capital stock of
said company may amount to two hundred and fifty
thousand dollars, in shares of one hundred dollars each,
and the said company, when the sum of thirty thousand
dollars is subscribed, may organize and proceed to
business.
Sec. 3. Be it further enacted, That the said company
may, as soon as organized, as above prescribed, elect a
president, secretary, and treasurer, and five directors,
which ofiicers shall be chosen biennially thereafter. The
company shall be confined in its operations to the man-
ufacture of leather and leather goods, and the mining
of coal, and the sale of the same, and shall in no wise
exercise banking powers or privileges, under the penal-
ty of a forfeiture of this charter.
Approved, N'ovember 11, 1861,
Incorporators.
No. 149.]
AN ACT
To incorporate the Mobile Merchants and Traders
Depository.
Sec. 1 . Be it enacted hy the Senate and House of JRepre-
sen'atives of the State of Alabama in General Aseeynbly
conve7ied, That Gorham Davenport, John W. Mann, J. C.
Guinn, E. S. Chamberlain, James Tait, Joseph Field,
D. 0. Gray, W. P. Carter, George Elsworth, John
Douglass, A. M. Elgin, F. H. Chamberlain, A. Allen,
W. H. Weeks, J. B.^Feilows, Rush Fuller, Price Wil-
liams, John Brown, O. B. Dickerson, Wra. H. George,
J. P. Herpin, P. G. Maguire, Robert Adams, M. Robin-
son, Albert Golay, E. A'T. Williams, James Hill, A. M.
Purdy, J. D. Spear, and J. C. McGuire, or such of them
as shall become subscribers thereto, and their succes-
165 1861.
sors, be and are hereby created a body corporate, by
and under the name and style of the "Merchants anduame.
Traders Depository" of Alobile, under which name ^
said company may contract, sue and be sued, have a
corporate seal, may acquire and hold real estate, not to
exceed fifty thousand dollars, for the purposes of its
business, and all other real or personal estate as may be
taken or received by it for its debts or for the security
thereof.
Sec. 2. The business of said company shall be to re- Business,
ceive on deposit and safe keeping the earnin_o;s and sav-
ings of all persons who may wish to deposit their money
therein, to be repaid to said depositors, on their call,
order, or check, or at the election of said depositors, to
remain on such interest to be paid by said company, as
may be provided for in the by-laws of said company,
and for the safety and security oi all such deposits, the
said company shall at all times keep strong and safe
vaults, well secured and attended: Provided, said com-
pany shall not be required to receive a smaller deposit
than five dollars at one time, nor to pay interest until
the amount deposited shall amount to twenty-five
dollars.
Sec. 3. That to secure the depositors from loss by gy^g^^iptjon,
said company, the subscribers' composing the company, whrit ami when
shall pay in on subscription, each the sum of three hun- '"*""
dred dollars, and may continue to pa^Mn as capital capital stock,
stock, such further sums in monthly payments, or other-
wise, as may be provided for in the b^'-laws of said
company, until the capital shall amount to ^200,000,
but shall not exceed that sum : Provided, said company Proviso,
shall not commence business until the sum of ten
thousand dollars is actually paid in, and suitable, strong
and safe means are prepared lor the keeping of said
deposits.
Sec. 4. That the common stock of said company j^^,^^^ .,„ 5tcci-.
may be invested in any stock issued by authority of
the State of Alabama, or the Confederate States, or
may be loaned on mortgage and securit3\ And in order
to further enable said company to pay interest to their
depositors, and other necessary expenses of said com-
pany, as well as to compensate its members for the use
of the common stock subscribed by them, the compan}^ Dcuiinexchange
is given power to purchase or discount notes and bills '^'=-
1861. 166
of exchange, or to lend its surplus funds at interest,
not exceeding the legal interest of this State.
Trustees. Sec. 5. That the business of said company shall be
conducted by seven trustees, choseo by its members
annually, one of whom shall act as president, and the said
trutees shall appoint a person to act as secretary, who
shall give such bond and security as the trustees shall
require, and receive such salary as they shall appoint,
Eieciedannuaiiy and be elected annually, and the trustees shall also
Make necessary form and adopt bv-laws and regulations for the mana^e-
regulations, &c. . n .t i • ty ,t t ■.
ment or the business ot the company and its govern-
ment, for the transfer of stock, for the loan and collec-
tion of its surplus fund, and for all other purposes con-
cerning its business, and common to such corporations,
not inconsistent with the laws of this State or the Con-
Proriso. federate States: Provided, That each member or s1ock-
holder of said company, shall at all times have access
to the books and be at liberty to enquire into the afiairs
of said company, wnthout hindrance on the part of said
Further proviso, trustees or officers: And provided, further. That the
Governor of the State of Alabama may appoint annu-
ally, three inspectors to examine the afi'airs of said com-
pany and report to him, which inspectors shall have full
access to all the books and afiairs of said companj^ and
be paid by said company for their services, but such
payment not to exceed fifteen dollars for each inspec-
tion and report.
Receive for col- Sec. 6. That it shall be the duty of the company to
lection. receive for collection, free of charge, all promissory
notes and bills of exchange, made negotiable and pay-
able at said company or at any of the banks of the city
of Mobile, which may be left for that purpose as much
as ten days before their maturity, and all notes and bills
of exchange made negotiable and payable at the office,
or business house of said company, shall be entitled to
days of grace, and in "all things governed by the law
merchant, except so far as the same may be changed by
the Code of Alabama. „
Term of charter. ^EC. 7. That the privileges hereby granted shall con-^^
Proviso. tinue for 20 years: AndiUs also further provided, That||
said company, by a vote of a majority ot its members,'^
may admit other or additional members, on their paying
into the treasury of the company an amount equal to
that paid in by each of those who are then members.
Approved, December 9, 1861.
167 1861.
JSTo. 150.] AN ACT """
To amend the charter of the Mobile Wiue Company.
Section ] . Be it enacted by the Senate and Himse of
Representatives of the State of Alabama in General Assembly
convened, That whenever any install nient, or any share Remedy for non-
of the capital stock of the Mobile Wine Company, shall K^^L"^ '"■
have been called for and remain unpaid for more than six
months after the proper time, when payment shall have
been required, such share may be sold by order of tlie
company at public sale and transferred to the purchaser, '1R£ii
who will pay the amount in arrear and all installments
due up to the time of sale with interest and expenses,
who shall hold such shares as other shareholders, and
subject to the same obligations : Provided, That not less ftoviso.
than one month's previous notice of such intended sale
shall be given by advertisement in some newspaper at
or near the place of business of the company, and all
surplus, if any, over the amount of installments due,
interest and expenses of sale, to be paid to the de-
faulting shareholder: And ijrovided, That each share Another proviso
shall be sold separately, and that no more shares be sold
than needed to raise the amount due by the defaulting
shareholder. And if no purchaser can be obtained at
such sale, who will bid the amount in arrear on such
share, interest thereon, expenses of sale, and all install-
ments due up to the time of sale, then the company
may declare such share forfeited, and all sums paid declare
thereon by such defaulting shareholder, shall be per- share forfeited,
fected to the company, such forfeitui'e not to be declai'-
ed before thirty days after such offer of sale, and if full
payment be made at any time before the forfeiture is
declared, then the defaulting shareholder shall be re-
instated in all his rights: And provided, farther, ThatrroTiso.
this section shall not be so construed as to bar any ac-
tion for the recovery of the installments due, if the
company shall elect to sue for the same.
Approved, December 10, 1861.
1861. 168
No. 151.] AN ACT
To amend an act, entitled an act to incorporate "the
Alabanaa Direct Trade and Exchans^e Company,"
|> approved the 5th day of February, 1852, and the acts
|.; supplemental thereto.
Sec. 1. Be it enacted hy the Senate and House of Rep-
resentatives of the State of Alabama in General Assembly
convened, That the words "Confederate States" be sub-
"Confederatc stitutcd for thc "United States," and the word "Confed-
feTstates/"^"'" eracy " be substituted for the word " Union," wherever
the same may appear in said act or its supplement.
Sell exchange for Sec. 2. Bc it further cnacted, That said company, in
certain purpose, order to trausfcr the proceeds of sales, or funds arising
from any source, from one point to another, may draw
for the same and sell their exchange.
In what stock' ^EC. 3. Be U fuvther enactcd, That the stock subscribed
maybepaid. may be paid in notes of any of the banks of Alabama,
in Confederate notes and bonds, or State bonds.
Construction de- Sec. 4. Be it further eiiacted., That when ships or steam
Glared. vcsscls are named in said act, it shall be so construed as
to mean every class of water craft.
Titles to proper- Sec. 5. Be it further cnactcd, That the title of all
^^" property real or personal, purchased by said company,
shall be conveyed to "the Alabama Direct Trade and
Exchange Company," and when sold, shall be conveyed
by the president and secretary of said company.
Approved, December 10, 1861.
No. 152.] AN ACT
To amend the charter of the Mobile Omnibus Company.
Sec. 1. Be it enacted by the Senate aud House of Bep'
resentatives of the State of Alabam,a in General Assembly
revai ot charter convened, That the charter of said Mobile Omnibus
extended. /-^ it r->i
Company, approved January 26, 1858, be so amended as
to extend the corporate existence of said company, un-
der the laws of the State of Alabama, for the term of
thirteen years from aud after the term provided by said
original charter.
Sec. 2. Be it further enacted. That said company be,
169 1861.
and it is hereby authorized, to extend its rail road j^^ ^^5,^.^^^ ^^
from its present termination to Cottage or S[)ring tended.
Hill, or an}' intermediate point, either out of Dauphin
street, or way, or on Government street road, as said
company may see fit, and ma}'- continue its road east-
■wardly on Government street to Royal street, connect-
ing said road on any street v^^est of Ann street: Pro- ProTieo.
vidt'd, That in any road that may hereafter be laid
down, said company shall conform its said road to the
conditions required by the general act authorizing the
construction of rail ways in the. city of Mobile: Pro- Further proTJso.
vided, That said omnibus company shall first obtain the
consent of the city authorities of Mobile to the exten-
sion of said rail road.
Approved, December 7, 1861.
No. 153.] AN ACT
To amend an Act to Incorporate the Mechanics Aid
Association of Mobile, approved February 24th, 1860.
Skction 1. J3e it enacted hy the ISenate and House of
Hepi'esentatives of the State of Alabama in General Assembly , . -
convened, That the said Association may invest its funds ma^beinTeBtcd.
in any stock issued by the authority of the Confederate
States of America, or of this, or any other State of the
Confederate States of America; and it shall be lawful
at all times for said Association to pay its depositors, Pay out the
and others dealing with it, with such funds as was ^'*°^* '^*p°*"*^-
deposited by them.
Sec. 2. Be it further enacted. That it shall not be law-
/» 1 /> . , /> • 1 A • i' 1 11 .No sale without
lul tor any member ot said Association to sell, or in concurrence of
any other way dispose of his stock in said Association, groc'khoideM.**"'
without the consent of two-thirds of the stockholders,
except to the Association, or a member thereof : such „
1 n t 1 • 11 1 • 1 Exception*.
purchaser, or transterree, to have and enjoy all the rights
and privileges in said Association that the vendor, ov
retiring member had according to the amount of stock
owned ; and no person shall be admitted a member of
said Association, except by an aflirmative vote of two-
thirds of the stockholders, at a regular meeting thereof;
said Association may deal in stocks, bullion, uncurrcnt f,^*hange,*^'
money and bills of exchange, at the customary and
1861. 110
current rates, and take and enforce mortgages on real
or personal property, for any debt, or claim due or owing
to said Association.
Approved, JSTovember 11, 1861.
N"o. 154.] AN ACT
To amend an Act therein named.
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 Alabama Bible and Colporteur Society," approved
February 8th, 1858, be, and the same is hereby so
amended as to authorize the board of directors of said
May transfer ai- Socicty to transfer to II. W. Watsou, W.W. Waller and
•etB, 0. y^ p^ Chilton, as trustees of the Alabama Baptist State
^ Convention, and their successors, for the use of said
Convention, the assets of said Society, consisting of
books and other property appertaining to their deposi-
provwo. tory in Selma: Provided, ahoays, that said Society
retain a sufficiency of assets to pay, satisfy and discharge
all outstanding debts, liabilities or engagements against
it, before making such transfer; and after that is done,
said board of directors is fully authorized to make such,
transfer; and, provided further, that said Convention,
by its trustees or agents appointed by it, shall have the
authority to remove all the assets and property trans-
ferred to them from Selma, and to dispose of the same
as such trustees, or agents, may see tit, for the benefit
of said Baptist State Convention.
Approved, December 6, 1861.
Ko. 155.] AN ACT
To legalize certain acts of the Courts of County Com-
missioners in this State, in making appropriations for
equipping Volunteers, and for other purposes.
Sec. 1. Be it enacted by the Senate and House of Bep-
resentatives of the State of Alabama in General Assembly
171 1861.
convened. That all appropriations of money which may Appropriations
heretofore have been made in good faith out of the of money, &c.,
county treasury, or appropriated by the court of county ''^^ ^^ '
commissioners of any county in this State, by the
county commissioners thereof, for supporting, clothing,
arming, equipping, or fitting out any company of vol-
unteers, or for finding troops in the service of this
State, or of the Confederate States, for the public ser-
vice in the existing war between the United States and
the Confederate States, or for the aid of indigent fami-
lies of such volunteers, or any county warrants issued
for said purposes by any county, be, and the same is
hereby legalized, except as to the tax levied by the j,^^^ ^j^^
court of county commissioners of Ilenry county, at the county.
August term of said court, 1861 ; and any order or de-
cree of any such court, imposing a tax for any such
purpose, is also legalized.
Sec. 2. A7id be it further enacted, That in all cases court to make
where any such appropriation out of monej^s in any ""ecord.
county treasury, shall have been made, it shall be the
duty of such court to make a record of such appropria-
tions, showing the amount thereof, when made, for
what purpose, and to whom paid, and to record the
evidence of such payment.
Approved, Kovember '•♦, 1861.
No. 156.] AN ACT
To leg.ilize the imposition of Taxes by the Court of
County Commissioners, for the equipment of Volun-
teers and the support of their families.
Sec. 1. £e it enacted by the Senate and Mouse of Rep-
resentatives of the State of Alabama in General Assembly *
convened, That any order, ordinance or other act ot tlieces.&c.,of com-
Court of County Commissioners in any county of this "oTq"uii)"voiun-
Statc, having for its object the equipment of volunteers ''="*''8'^"***-
for the service of the State, or Confederate States, or
for the support of their families, heretofore adopted or
passed in good faith, be, and the same is hereby le-
galized.
Sec. 2. And be it further enacted, That if any proceed-
ings had in the Court of County Commissioners in any
1861. 172
county of this State, prior to the passage of this act, for
the equipment of volnuteers, or support of their fami-
lies as aforesaid, there shall have been any want of
Want of author- authority, omission or irregularity, said court shall have
ity supplied. full power to impose any tax, adopt any ordinance, pass
any order or decree, or take any action necessary to
carry out in good faith any obligation, promise, pledge,
or assurance incurred or given, or which may have been,
by said court intended to be incurred or given for the
purposes aforesaid.
Levies of taxes to Sec. 3. Aud be U further enacted^ That any taxes here-
tXlegaUz'ed. toforc Icvicd to equalize the burthen of taxation ia
any of the counties of this State, is hereby legalized.
Approved, November 30, 1861.
ITo. 157.] AN ACT
To prevent the sale of Spirituous Liquors within one
mile of Mulberry Academy, in Bibb county.
Sec. 1. Be it enacted hy the Senate and House of Bep-
resentatives of tJie State of Alabama in General Assembly
„. ,. ., convened. That from and after the passage of this act,
Withm one mile. ' inn t c • • .
no person or persons shall sell or dispose oi spirituous
or intoxicating liquors within one mile of the school,
or academy, known as Mulberry Academy, in the
county of Bibb.
Sec. 2. Be it further enacted, That any person or per-
demeanw-. "^'^ SOUS offending against the provisions of the first section
of this act, or in any wise giving away, selling or dis-
posing of spirituous liquors of any kind, except for
medicinal purposes, with intent to evade the provisions
of this act, shall be guilty of a misdemeanor, and shall
' be liable to indictment, and on conviction shall be fined
not less than fifty, or more than one hundred dollars for
each and ever}" such oftense; and for every conviction
for oti^ending against the provisions of this act, the soli-
citor's fees shall be twenty dollars.
Approved, November 29, 1861.
173 1861.
Ko. 158.] AN ACT
'i'o prevent tlie sale of Vinous or Spirituous Liquors
within three miles of Scottville, in Bibb county.
Sec. 1. Be it enacted by the Senate and House of Rep-
resentatives of the State of Alabama in General Assembly
convened, That from and after the passage of this act, it
shall not be lawful for any person or persons to sell
vinous or spirikious liquors within three miles of the
town of Scottville, in Bibb county, Alabama, except
for medical purposes.
Approved, December 8, 1861.
Ko. 159.] AN" ACT
To prohibit the sale of Spirituous Liquors within two
miles of Harmony Church, in Franklin county, and
the Presbyterian Church, near Pleasant Site in said
county.
Sec. 1. Be it enacted by the Senate and House of Mcpre-
sentatives of the State of Alabama in General Assembly
convened^ Th.:it it shall not be lawful for any person or^"'*'"^ ™""'
persons to sell or offer for sale any vinous or spirituous
liquors within two miles of Harmony Baptist. Church,
iu the county of Franklin, except for medicinal or sac-
ramental purposes.
Sec. 2. Be it further enacted. That any person or per-p^^auyforvJo-
sons so offending, shall be subject to indictment, and '''*'o°-
upon conviction thereof, shall be fined not less than
filty dollars, for each and every such offence.
S^(T. 3. Be it further enacted, That the provisions of Applied to ano.
this act are hereby made applicable in all respects to '•»" <='""''=h'
the Presbyterian Churcfi, near Pleasant Site in said
couiity of Franklin.
Approved, November 27, 1861.
1881. 174
^Ko. 160.] A-n ACT
To prevent the sale of Spirituous Liquors within one
mile of Shorterville Church, in the county of Henry.
Sec. 1. Be it enacted by the Senate and Blouse of Eep'
resentatives of the Slate of Alabama in General Assembly
Within one mile cf'^^'fiwsc?, That from and after the passage of this act,
DO person or persons shall sell or dispose of any spiritu-
ous or intoxicating liquors within one mile of Bhorter-
ville Church, in the county of Henry.
violation a miB^ Sec. 2. Be it fuvther enacted. That any person offend-
temeanor. ing against the provisions of this act, or in any wise
giving away, selling or disposing of spirituous liquors
of any kind, except for medical or sacramental pur-
poses, with intent to evade the provisions of this act,
shall be guilty of a misdemeanor, and shall be liable to
indictment, and on conviction shall be fined not leas
than Hfty, nor more than one hundred dollars.
Approved, December 9, 1861.
Ko. 161.] AK ACT
To prohibit the sale of Spirituous Liquors within two
miles of Bethel Church, in Jefferson county.
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,
no person or persona shall sell spirituous liquors or
wines within two miles of Bethel Church, in Jefferson
county, except for medical or sacramental purposes;
and if any person or persons shall sell spirituous* liquors
or wines, in violation ^f this act, such person or per-
^^enauy roi' yiD= soiis shall be subject to indictment, and on conviction
shall be fined in a sum not less than tweutj^-five dollars,
. or more than one hundred dollars, for each and every
such offence.
ttopeaibgciauBe ^^^^' ^^ ^^ H further enacted, That all laws, or parts
01 laws, contravening the provisions of this act, be, and
the same are hereby repealed.
Approved, December 9, 1861.
Within 2 miles.
176 1861,
No. 162.] AN ACT
To regulate the sale of Spirituous Liquors in the Dan-
ville district of Morgan county, Alabama
Sec. 1. Be it enacted hy the Senate and House of Rep-
resentatives of the State of Alabama in General Assembly
convened, That from and after the passage of this act,
any person desiring to retail or sell spirituous liquors,
in any quantities less than one gallon, in the election
precinct in which Danville is located, in Morgan county,
Alabama, before doing so, or obtaining license to do so,
must iile with the judge of Probate of said county, the
written consent of a majority of the voters of said elec-
tion precinct; and anj' person violating the above act,
shall be subject to the laws now in force, for selling in
less quantities than one quart, or without license.
Approved, December 9, 1861.
Ko. 163.] AK ACT
To prohibit the selling or offering for sale any Vinous
or Spirituous Liquors, within two miles of Spring
Hill Church, in the county of Perry, or of Liberty
Baptist Church, in the county of Pickens.
Sec. 1. Be it enacted by the Senate and House of Rep-
resentatives of the State of Alabama in General Assembly
convened, That from and after the passage of this act, it Wthin 2 miles,
shall not be lawful for any person or persons to sell, or
offer for sale, any vinous or spirituous liquors within
two miles of Spring Hill Church in the county of Perry,
or of Liberty Baptint Church, in the county of Pickens,
except for medicinal or sacramental purposes.
Sec. 1. And be it further enacted, That any person or penalty for Tio«
persons so offending, shall be subject to indictment, *''**<'°'
and upon conviction thereof, shall be fined not less than
fifty dollars for each and every such offense.
Approved, November 11, 1801.
1861. 176
No. 164.] AN ACT
To prevent the sale of spirituous liquors within one mile
of Silver ]^un Church, in Russell county.
Sec. 1. Be it enacted hy the Senate and House of Rep.
resentatives of the State of Alahama in General Assembly
convened, That from and after the passage of this act,
Withihcnemiie.it ^\-^r^\i ^ot be lawful for any person to sell spirituous
liquors, or wines, within one mile of Silver Run Church,
situated in Russell county, except for medical purposes;
and if any person shall sell spirituous liquors or wines
in violation of this act, such person shall be subject to
indictment, and on conviction, may be fined in a sum
genaUyforTio- not Icss than ouc huudrcd dollars, nor more than five
hundi-ed dollars, for each and evei-y such offence.
Repealing clause ^EC. 2. Bc it further enacted, That all laws and parts
of laws, contravening the provisions of this act, be and
the same are hereby repealed.
Approved, December 4, 1861.
Ko. 165.] AN ACT
To prevent the vending of spirituous liquors within three
miles of Friendship Church and Academy, in the
county of St. Clair.
Sec. 1. Be it enacted hy 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,
it be, and hereby is made unlawful, for any person to
vend spirituous liquors within three miles of Friendship
Church and Academy, in the county of St. Clair, any
law to the contrary notwithstanding: Provided, That
the provisions of this act shall not apply to physicians
or druggists furnishing spirituous liquors bo7ia Me for
medicinal purposes.
Approved, December 4, 1861.
177 1861.
Ko. 166.] AN" ACT
To prevent the sale of spirituous liquors within two miles
of Branchville, in St. Clair county.
Section 1 . Be it enacted hy the Senate and House of Repre-
sentatives of the State of Ahdmma iii General Assembh/
convened, That it is made the duty of the sheriff of St.
Clair county, upon the petition of ten householders re-
siding in the beat in which the village of Branchville, Election to be
in St. Clair county, is situated, to advertise and hold '""'''■
an election at the village of Branchville, for the pur-
pose of ascertaining the sense of the citizens of said
beat as to the prohibition of vending spirituous liquors
within two miles of the village of Branchville, at which
all the qualified voters in siiid beat shall be entitled to """^ conducted,
vote at said election to be conducted bj^ the sheriff and
two managers and clerks by him selected after the
manner of holding elections for members of the Gen-
eral Assembly; of the time and place of holding said
election, the sheriff shall give thirty days previous no- ^'■'y "lays' no-
tice, posted at Branchville, and three other of the most
public places in said beat.
Sec, 2. And be it farther enacted, That the voters at ..prohibition', or
said election shall write upon their tickets "prohibi-""op''oi''b»t»on"
tion " or "no prohibition." If upon counting out the
votes, it shall appear that there are a majority of votes
for prohibition, the said managers and clerks shall cer-
tifj^ and deliver the same together with one list of the
scroll and tally sheet kept at said election, to the said
sheriff or his deputy holding said election, as the case
may be, whose duty it shall be to deliver the same
within three days to the judge of probate, and it shall ^^^^ ^^^^^^ ^^
not be lawful for the said judge of probate thereafter rrouate.
to issue any license to any one to retail spirituous liquors
in said beat within two miles of said village, nor shall
it be lawful for any person to vend any spirituous liquors
in any quantity, (except for medicinal purposesi^) within
two miles of said village. An}' person knowingly vio- ponaity for re-
lating the provisions of this law, shall be liable to in- "*''"'^'
dictmcnt as a retailer without license, and subject to
the same fines and penalties as such.
Sec. 3. And he it further enacted, That any sheriff', Penalty ofsber-
manager, or clerk, refusing to act as required by the'Jngio'acL'*^"'
12 .
1861. 178
provisions of this act, shall upon notice and proof there-
of, made before the judge of the circuit court for said
county, be fined in a sum not exceeding fifty dollars as
the judge may see proper ; and any person voting in
said election who is not a legal voter and citizen of said
beat, may be indicted, and on conviction, fined fifty
dollars.
Approved, December 7, 1861.
No. 167.] AN ACT
To modify an act, entitled an act, approved December
17th, 1*869, to prevent the sale of vinous or spirituous
liquors in the town of Lexington, and in beat No. 2^
in Tuskaloosa county.
Sec. 1. Be it enacted by the Senate and Souse ofBep-
resentatives of the State of Alabama in General Assembly
convened, That the citizens of New Lexington beat num-
ber 2, in Tuskaloosa county, or any one or more of
them, who live within the distance of two miles of the
town of New Lexington, are hereby privileged to sell
spirituous liquors by the barrel, gallon, or quart, that
may be manufactured by themselves in said beat : Pro-
vided, That all such persons who ma}^ avail themselves
of the privileges of this act, shall be subject to all the
pains and penalties for violating the law now in force
regulating the retailing of spirituous liquors in this
State, any law, usage or custom to the contrary not-
withstanding.
Approved, December 10, 1861.
No. 168.] AN ACT
To preveftt the sale of spirituous liquors within two
miles of the Alabama Presbyterian Male Academy at
Lower Peach Tree, Wilcox county, Alabama.
Sec. 1. Be it enacted by the Senate and House of Bepre-^
sentatives of the State of Alabama in General Assembly
convened, That it shall not be lawful for any person to
sell spirituous liquors or wines at any point within two
179 1861.
miles of the South Alabama Presbyterian Male Acade-
my, near Lower Peach Tree, in Wilcox county, except
for medical or sacramental purposes ; and if any person
shall sell spirituous liquors or wines in violation of this
act, such person shall be subject to indictment, and on
conviction, may be fined in a sum of not less than one
hundred dollars for each and every such oifence.
Approved, December 9, 1861.
No. 169.] AK AGT
To refund a certain sum of money.
Whereas, on the 8th day of February, 1861, an act
was approved, appropriating the sum of two hundred '''■^*"™'''®"
dollars to compensate William Skinner and J. S. Clark,
to be paid out of escheated estates; and whereas, on
the 4th day of March, 1861, W. J. Greene, as Comp-
troller of Public Accounts, did in compliance with the
provisions of said act, issue his warrant on the State
Treasurer in favor of said Skinner and Clark for the
said sum of two hundred dollars, which amount was
paid thereon by the Treasurer before the fact Avas dis-
covered that all escheated estates, then received into the
Treasur^^ had been passed to credit of the educational
fund and disposed of in its general distribution ; where-
upon, the State Treasurer returned said sum of two
hundred dollars into the treasury from his private
means and demanded its repayment of the said W. J.
Greene, which repayment was made by him, therefore,
Section 1. Be it enacted by the Senate and House of
Representatives of the State of Alabama in General Assembly ^ooo appropria-
convened^ That the sum of two hundred dollars be, and t<'.i to niraburse
the same is hereby appropriated to the said W. J. comiuronu"!'
Greene, to be paid out of the educational fund ; and
that the Comptroller of Public Accounts is hcreb}' re-
quired to draw his warrant therefor on the State
Treasurer in favor of the said W. J. Greene.
Approved, December 8, 1861.
1861. 180
No. 170.] AN ACT
To exempt the Medical superintendent of the Alabama
Hospital for the insane, and his assistants, from the
performance of military and road service, and from
serving as jurors.
SECTioi«r 1. Be it enacted by the Senate and House of Rep-
resentatives of the State of Alaha^na in General Assembly
con:pene.d. That the medical superintendent of the Ala-
bama Hospital for the insane, and his assistants, be and
they are hereby exempted from the performance of any
military service or duty, and from all liability to per-
form any work or labor on any public road or highway
and from serving as jurors in this State.
Approved, November 11, 1861.
No. 171.] AN ACT
To require the Commissioner of Public Lands to issue
a patent to Martha Carrol, of Calhoun county.
Sec. 1. Be it enacted hy the Senate and House of Rep-
resentatives of the State of Alabama in General Assembly
convened^ That the Commissioner of Public Lands be,
and he is hereby required to issue a patent to operate
as a quit claim to Martha Carrol for the northwest
quarter of the northeast quarter of the section three, in
township 14, range 6, in the county of Calhoun.
Approved, December 9, 1861.
No. 172.] AN ACT
To authorize the location of a Land Warrant, therein
named.
Sec. 1. Be it enacted hy the Senate and House of Rep-
resentatives of the State of Alabama in General Assembly
Dicey Dejarnett conveued, That Diccy Dejarnett, of the county of Jeffer-
"' " son, or her assignee, be, and is hereby authorized to
locate on any of the public lands in this State, subject
authorized to lo-
181 1861.
to entry land warrant No. 96,619, for one hundred and
sixty acres of land, issued to the said Dicey Dejarnett
by the government of the United States, on the 21st
day of Januar}', 1861.
■: Sec. 2. Be it further enacted, That the location of ^^^^^^^^.^^^^^^
said warrant shall be governed by the same laws, rules
and reguhitions governing the location of land war-
rants, issued by the government of the United States
prior to the 11th day of January, 1861.
Approved, December 9, 1861.
No. 173. j AN ACT
In relation to the Selma and Gulf Rail Road Company.
Whereas by an act approved the 18th of February, p^^,^^^^,^^^^^.^^^
1860, entitled an act to appropriate the three per cent. Jor"i certain
fund, a loan of forty thousand dollars was made to the
Selma and Gulf Rail Road Company', upon certain con-
ditions in said act contained ; and whereas said Selma
and Gulf Rail Road Company have complied with all
the conditions required of them, in order to obtain pay-
ment of the sum so loaned ; and whereas said Rail Road
Company, in the present condition of the country, are
willing to postpone the payment to them of said sum
of monej^ until the present war is ended; and* whereas
the Alabama and Mississippi Rivers Rail Road Com-
pany are now activel}- engaged in building a rail road
from Selma via Uniontown and Demopolis, so as to
unite at Meridian with the rail road now completed to
Vicksburg, on the Mississippi river, with the Mobile
and Ohio Road, and with the New Orleans and Jack-
eon Road ; and whereas, the Alabama and Missis-
sippi Rivers Rail Road, forming a connection between
the waters of the Alabama and Mississippi Rivers, with
the North West, and with New Orleans, is essential to
the government in the existing war, for the transporta-
tion of troops, munitions of war, provisions, and the
public mails:
Sec. 1. Be it therefore enacted by the Senate and Home
of Representatives of the State of Alabama in General As-
sembly convened. That with the consent of the Selma poned.' ^'^^
and Gulf Rail Road Company, the payment to the said
1861. 182
Company of the said sum of forty thousand dollars be
postponed until the end of the existing war, and the con-
clusion of peace; and that upon the ratification of a
treaty of peace, said Selma and Gulf Rail Road Com-
To receive it af- P^^J ^^all bc entitled to demand and receive from the
terthcwar. State trcasury, the 'said sum of forty thousand dollars
so loaned, upon giving bond with good security, condi-
tioned that said sura of forty thousand dollars shall be
Condition. applied alone to the purchase of iron, and the laying of
the same upon said rail road, and executing a first
mortgage bond on said rail road and all its rights and
fixtures to secure the repayment of said forty thousand
dollars, at the expiration of five years thereafter, and
the interest thereon, at the rate of six per cent, per
annum.
Ala. and Mis?, n. Sec. 2. Be it further euacted, That in the meantime,
$4wbouu peace ^^"^^ uutll a treaty of peace shall bg concluded, the said
isconciuded. guni of forty thousand dollars of the three per cent,
fund be loaned to the Alabama and Mississippi Rail
Road : Provided said rail road Company shall exe-
cute and deliver to the Governor its bond, with the
most ample and satisfactory security, conditioned for
the payment of the said sum of forty thousand dollars,
with six per cent, per annum thereon, into the State
treasurj^, within one month after receiving notice to
make such payment, according to the terms of this act;
such security to be personal, by deed of trust, or by
mortgage with power of sale, as the Governor may re-
quire.
Approved, December 5, 1861.
No. 174.] AN ACT
In relation to certain debts due Township 5, Range 22,
in Cofiee county.
Sec. 1. Be it enacted by the Senate and House of Rep-
resentatives of the l^tate of Alabama in General Assembly^
convened^ That the Superintendent of Public Education
bewuhd"rawiV° ^*^' ^^^^ ^® ^s hereby instructed to withdraw from suit,.
fromsnit. and cauccl the following notes taken for the purchase
of the south-west quarter of section 16, township 5,'
range 22, in Cofiee county, to wit : four notes made
i
183 1861.
bj Elizabeth Brooks, as principal, and J. Brooks jjggg^ipjjp^ I
and Robert P. Brooks as securities, each for $60 78;
four notes made by Samuel Prince as principal, and
Tyre Goins and John Prince as securities, each for $28
28| ; and four notes made by Alexander Wilkes as
principal, and J. M. Carmichael and N". B. Peacock as
securities, each for $28 28i; all of which notes are
dated February 5, 1859, and are payable in one, two,
three and four years from said date : Provided, lioioever, Proviso.
that proof shall first be made to the satisfaction of said
superintendent, that said notes were given for said
quarter section, after it had previously been sold to and
fully paid for by another party than the purchasers at
the sale on which said notes were given.
Approved, November 29, 1861.
No. 175.] AN^ACT
To authorize the sale of the property of Township 16,
Range 17.
Sec. 1. Be it enacted by the Senate and House of liepre-
sentativcs of the State of Alabama in General Assembly
convened, That W. B. Bell, David J. Bunting and George
M. Figh, or a majority of them, be, and are hereby au-
thorized to sell the real estate in the city of Montgom-
ery owned by township 16, and range 17 : Provided,
however, that the persons above named shall hold an
election by giving twenty days notice, and the citizens
of said township shall determine whether said property
shall be sold or not.
Approved, December 9, 1861.
No. 176.] AN ACT
To provide for the erection of a Building at Manassas,
for the protection of the clothing, and'other articles,
of Alabama Volunteers, in the army of the Potomac.
Section 1. Be it enacted by the Senate and House of
Ju'prcsentatives of the State of Alabama in General Assembly
1861. 184
oonvened, That the quarter master of any Alahama regi-
ment in the army of the Potomac, who may be desig-
nated by the Governor, be, and he is hereby authorized
j;i5oomaybe ^xD draw on the treasurer for the sum of fifteen hundred
drawn. doHars, or such less sum as may be necessary, to be
used in the erection of a building at Manassas, Virginia,
to shelter and protect the clothing, and other articles
belonging to the volunteers from the State of Alabama
in the army of the Potomac.
Approved, December 9, 1861.
No. 177.] AN ACT
To authorize the appointment of a Surgeon-in-Chief to
the State Hospital for sick soldiers of Alabama in
the army of the Potomac.
Sec. 1. Be it enacted hy the Senate and House of Rep-
resentatives of the State of Alahama in General Assembly
convened, That on the location of the hospital, by the
agent who may be appointed under an act passed at
the present session of the General Assembly, entitled
" An Act to provide a Hospital for sick troops from
Alabama in the army of the Potomac, and for other
purposes," approved 9th November, 1861, the Governor
shall be authorized to appoint a surgeon-in-chief to said
hospital, whose duty it shall be to take charge of the
same, and who shall, if not paid by the Confederate
States, receive the same pay from the State, as is al-
lowed by law to surgeons in the service of the Confede-
rate States.
Approved, December 7, 1861.
No. 178.] AN ACT
To provide for the sick and wounded Volunteers who
may rendezvous at, or be sent to Florence.
Sec. 1 . He it enacted by the Senate and House of Bepre-
sentatives of the State of Alabama in General Assembly
convened, That the sum of iive thonsand dollars be, and
185 1861.
the same is hereby appropriatocl, to be paid out of the „. .^
.,, „ , -, ^5; ^ . \ r .y '^ r^ ^ ^'^'*^ thousand
military lund, under the control ot the Grovernor, to dollars appro-
provide for the necessities of the sick and U'oundcd sol- ^'"'''^'''
diers or volunteers who shall rendezvous at Florence,
in compliance with the late requisition of General A.
S. Johnson upon the Governor for twelve months vol-
unteers.
Skc. 2. Be it further enacted, That Dr. James T. liar- Names of per-
graves, James W". Stewart, and Col. George W. Ivars- ^;^;,\^*j^^^'^'p<'^'°-
iier and li. M. Patton are hereby authorized to supcrin- ments.
tend the arrangements necessary to be made, and to
direct and control all expenditures made under this act,
and upon their certificates or the certificates of a ma-
jority of them, that the sum or sums so certified to,
were necessary and properly expended for the purposes
of this act, the Governor shall order the same to be
paid, and they shall furnish proper vouchers for said
exi^enditures.
Approved, December 9, 1861.
No. 179.] AN ACT
To make Tuskaloosa and La Grange, or its vicinity, a
military rendezvous, for certain purposes.
Section 1. Be it enacted by the Senate and House of Rep-
resentatives of the State of Alabama in General Assembly
convened, That the Governor is hereby authorized to Artniery compa-
supply any artillery company now being raised, or that 8"ubsf8tenco!''*
may hereafter be raised in the city of Tuskaloosa or its
vicinit}', with subsistence from the time the members of
said company shall commence their rendezvous at Tus-
kaloosa until it is mustered into the service of the Con-
federate States, but the subsistence supplied under this
act, shall not exceed one soldier's ration per day for each
member of said oompan}^ nor shall such subsistence be
supplied for a longer term than thirty days ; but such
subsistence may be provided for sixty days, if in the Term.
opinion of the Governor the public good would be •
thereby promoted.
Sec. 2. Be it farther enacted, That the captain of any Person to furnish
such company may, with the consent of the Governor, i''eratioD8.
appoint a member of the company as quarter master,
1861. 186
whose duty it shall be to provide and furnish rations to
said company wthout charge for his services, and who,
before entering on his duties, shall give bond payable
Bond required, to the State in such sura as the Governor may direct,
faithfully to execute the duties of his office ; and whose
accounts, duly certified by him, and audited by the
Comptroller, shall be paid on the Comptroller's warrant
on the Treasurer, out of any moneys not otherwise ap-
propriated.
Sec; 3. Be it further enacted. That the provisions of
flrTlivebTnd. this act shall not be extended to any artillery company,
until the captain, or some other officer or member of said
company, or some one connected with or engaged in the
raising of the same, shall give b*bnd and security, to be
approved by the Governor, in such amount as he may
direct, payable to the State, and conditioned to refund
to the State any sum paid by the State for subsistence, if
the said company shall not be mustered into the service
of the Confederate States within sixty days from the
execution of the bond, provided for in this section, the
parties to the bond shall not be held liable for the
amount of subsistence furnished those who have been
mustered into service, as aforesaid.
Enforcement of Sec. 4. Bc it further cnacted, That judgment may be
the bond. j^ad against one or more of the obligors on said bond, or
their personal representatives, by motion in the circuit or
county court of Montgomery county, on twenty days
notice ; and on the trial, a copy of the bond certified by
the Secretary of the State, and the account of the amount
paid under the provisions of this act for subsistence,
certified by the Comptroller, shall be presumptive evi-
dence; the first of the execution of the bond, and the
second of the amount paid,
to ^^^" ^' "^^ *'^ further enacted, That all bonds required
be filed.* ^^'^ ** under the provisions of this act, shall be filed in the
Extended to La- Secretary of State's office: Brovided, that the provisions
Sof '"'"'^'■^' 9^ t^'^s act shall apply to the La Grange Military School,
in Franklin county, or adjacent thereto.
Approved, December 3; 1861.
187 1861.
No. 180.] AN ACT
To amend and explain an Act making Tuskaloosa and
La Grange, or its vicinity, a military rendezvous, for
certain purposes.
Whereas the 3d section of the above recited act, is
obscure and unintelligible, in the concluding clause of
said 3d section ; therefore
Section 1. Be it enacted hy the Senate and Hon se of
Mepresentatives of the State of Alabama in General Assenihly
convened, That all after the words "Confederate States,"
where they first occur, in the 3d section of the above
recited act, be, and the same are hereby stricken out,
and the following inserted : Provided, in case of failure tutedlnthlrd*
to raise the compan}^, the members so subsisted, or any section.
of them, shall attach themselves to other companies and
be mustered itito the service of the Confederate States,
within sixty days after the execution of the bond, pro-
vided for in this section, the obligors in the bond shall
not be held liable for the amount of subsistence fur-
nished those who have been mustered into service, as
aforesaid.
Sec. 2. Be it further enacted, That this act shall be Act, how con-
construed as if this amendment had formed a part of '^
the section of which it is explanatory, at the time of the
passage and approval of the act.
Approved, December 9, 1861.
' slrued.
Ko. 181.] AN ACT
To transfer the executorship of Robert Craig, deceased,
from the probate court of Sumter county to the pro-
bate court of Dallas county.
Sec. 1. Be it enacted hy the Senate and House of Rep-
resentatives of the State of Alabama in General Assembly
convened, That James D. Craig, who by the last will
and testament ot Robert Craig, deceased, late of Sum-
ter county, was appointed executor of said last will and
testament, and by its provisions was exempted from May procure cer-
giving bond or security upon his qualifying as such ^'^*'^*'*'P'''
executor, and who has qualified as such executor in the
1861.
File in Dallas.
Jurisdiction
transferred.
Former act re-
pealed. .
188
probate court of Sumter county, be and he is hereby au-
thorized to procure from the said probate court of Sum-
ter county, a certified copy of the said last will and testa-
ment of said Robert Craig, and of all orders, entries
and proceedings had in said court in reference to said
estate, and to file the same in the probate court of Dal-
las c6unty.
Sec. 2. Be it further enacted, That the jurisdiction of
the probate court of Sumter county over the estate of
the said Robert Craig, .deceased, be and the same is
hereby transferred to the probate court of Dallas coun-
t}', and the probate court of Dallas county is hereby
invested with jurisdiction over said estate as fully as
the probate court of Sumcer county was before the pas-
sage of this act.
Sec. 3. Be it further enacted, That the act, entitled
"an act to give the judge of probate of Dallas county,
jurisdiction over the estate of Robert Craig, deceased,
late of Sumter county," approved January 29th, 1861,
be and the same is hereby repealed.
Approved, December 7, 1861.
No. 182.]
AN" ACT
To enable Pleasant May to remove the personal proper-
ty of his wards out of the county of Greene, and to
rent land on which to employ it.
Section 1. Be it enacted by the Senate and House of
Representatives of the State of Alahama in General Assem-
bly convened, That the probate court of Greene county
be, and it is hereby authorized and empowered, upon
the application of Pleasant May, guardian of Syd. May,
Wm. S. May, Augustus M. May, Wiley C. May, and
John F. C. May, minor heirs of John May, deceased, to
Order to be gran, grant him an ordcr to remove the personal property of
his said wards out of the county of Greene, and in the
county to which they may be removed, to rent lands on
which said property may be worked for the use of said
wards : Provided, That he shall continue to account as
guardian with the probate court of said county for the
said property, and before such order, he procure the
assent in writing of the securities on his guardian bond
ted.
Proviso.
• ••
189 1SG1.
that said property maybe removed, and that such order,
or removal, shall in no wa^' impair their obligation on
such bond, or execute a new guardian bond with satis-
factory security.
Approved, December 4, 1861.
1^0. 183.] A^ ACT
To change the jurisdiction of the trust estate of Fran-
cis Durden.
Sec. 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of Alabama in General Assembly .
convened. That the jurisdiction of the chancery court in jurisdiction
the matter of the estate of Francis Durden, A. C. 13a- ^'^n^f^'-e**-
ker being trustee thereof, be transferred Irom the 15th
district of the Middle Chancery Division to the 40th
district of the same Division.
Sec. 2. Beit further enacted, That the said trustee trustee may ap-
havc full power to appl}'- an}' portion of the trust funds ?•>"">. porUon
for the support and use of the said cestui que trust, as
he may think best under the direction of said court.
Sec. 3. Be it further enacted, That the register in certified trans-
chancery of the said 15th district, be required to make <T'i?tto be fur-
out a certified transcript of all the records and proceed-
ings had in relation to said trust estate in his court;
and that he transmit the same together with all the
original papers to the register of the chancery court of
the 40th district, previous to the next June term there-
of, and that the said trustee pay all the fees therefor
-out of the said estate for which he is trustee.
Sec. 4. Be it further enacted, That the said chancery pfg^jurigjiction
court for the said 40th. district, shall take completely betaken,
jurisdiction over said estate in every respect as fully as
said 15th district now has.
Approved, November 27, 1861.
1861- 190
~ No. 184.] . AN ACT
Authorizing the transfer of the estate of Margaret
Burns, deceased, from Tallapoosa to Chambers coun-
• ty in this State.
Sec. 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of Alabama in General Assembly
convened, That the judge of probate of Tallapoosa coun-
ty be, and he is hereby authorized and empowered, to
Transfer order to grant and make an order transferring and removing the
be granted. exccution of the will and estate of Margaret Burns,
deceased, from the court of probate of Tallapoosa
county, to the court of probate of Chambers county,
Conditions. and upon the executor of said will producing and filing
in the said court of Chambers county, a full and com-
plete transcript of all the orders and entries of said es-
tate made in the court of probate of Tallapoosa coun-
ty, and the original will and a certified copy of its
probate, and the order transferring the said estate,
Probate Court of thereupon the court of probate of Chambers county,
havr-urisd'iction ^^^^^^ Imvc as fiill and complete jurisdiction of said will
and estate as if the said decedent had died in the county
ProTieo. Qf Chambers : Provided, That before this act shall take
effect, the sureties on the ofiicial bond of said execu-
tor shall file their written assent to the provisions of
this act in the probate courts of Chambers and Talla-
poosa counties, or in default of such assent a new bond
be given by said executor, to be approved by the judge
of probate of Chambers county, and filed and recorded
in the office of said judge.
Approved, November 28, 1861.
No. 185.] AN ACT
To authorize the removal of the administration of the
estate of John D. Smith, deceased, from the county
of Mobile to the county of Wilcox.
Sec. 1. Be it enacted by the Senate and Rouse of Bep-
resentatiues of the State of Alabama in General Assembly
Administration i coni'enec^. That the administration of John D. Smith,
removed. deceased, now pending in the court of probate of Mo-
101 1881.
bile county, be and the same is hereby removed from
the probate court of Mobile county to the probate court
of Wilcox county ; and the said court of probate of
Wilcox, is hereby invested with full jurisdiction probate coun of
and authority over the said estate, and may make all j^JJ^I^^*^^^']"'^
orders and decrees in relation to the administration
thereof, as if said letters had been originally granted in
said county of Wilcox, and the judge of the said probate
court of Mobile is hereby authorized and required to
transfer to said probate court of Wilcox county, all the
original papers on file in his office relating to said estate,
together with copies of all orders and decrees duly cer-
tified under his hand and seal: Provided^ That before proriso.
this act shall take efl'cct, the administrator of said estate
shall make a full settlement of his administration in
the probate court of Mobile, and shall file a new bond
payable to, and approved by the judge of probate of
Wilcox county, in such sum as the said judge may re-
quire according to law as in other cases of administra-
tion.
Approved, December 3, 1861.
N0.I8G.] AN ACT
To authorize the sale* and distribution of the estate of
James Hamilton, deceased.
Section 1. Be it enacted by the Senate atid Ifouee of
JRepresentatives of the State of Alabama in General Assembly
convened^ That the legal representative of James Ham-
ilton, deceased, late of Dallas county, be and he is
hereby authorized to sell, under the authority and by
the direction of the probate court of I^allas county, all
the property both real and personal, belonging to the
estate of said decedent, and to distribute the same, in
accordance with the last will and testament of the de-
ceased, just as if the distributees were all resident citi-
zens of the Confederate States of America.
Approved, December 6, 1861.
1S61. 192
No. 187.] AN ACT
For the benefit of the administrators of the estate of
John R. Berry.
Sec. 1. Be it enacted hy the Senate and House of Rep^
resentatives of the State of Alabama in General Assembly
convened, That Charles T. Abercrombie, of Russell
county, and Thomas Berr}', of Macon county, adminis-
trators of the estate of John K. Berry, late of the county
Administration of Macon, shall be authorized to remove the adrainis-
to be removed, ti,ation of Said cstatc from the probate court of Macon
county, to the probate court of Russell county, and the
„ probate judsre of Macon shall make out a complete
What Probata * - ■■ • *■
Judge of Macon t ran spnpt of all proceedings had in said court, relating
mustdo. ^^ gj^-^ administration, and shall, together with the ori-
ginal papers touching said administration, transmit it
to the probate court of Russell county, and the said ad-
ministration shall be proceeded with and continue in
the last named county, as if it had originally been com-
ProviBo. menced therein: Provided, that said administration
shall not be so changed, until the consent in writing of
. the securities on the bond of the said administrators, to
said change, shall first be filed in the said court of pro-
bate of Russell county, and that the costs which shall
have accrued in the probate court of Macon county shall
also be first paid.
Approved, November 9, 1861.
No. 188.] AN ACT
To authorize Wm. H. Coleman, guardian of the minor
heirs of James'H. Thompson, deceased, to purchase
lands for the benefit of said minors.
Sec. 1. Be it enacted by the Senate and House of Bep-
resenlatives of the State of Alabama 'in General Assembly
conve7ied, That William H. Coleman, guardian of the
minor heirs of James H. Thompson, deceased, be, and
Guardian to in- he is hereby authorized to invest any monies he may
vest uny moneys ^^^ j^^|^| ^^ guardiau aforesaid, in lands in any county
of this ptate, for the use and benefit of his wards afore-
said, on which he shall be authorized to work the slaves
193 1861.
belonging to him as such guardian ; and he is farther
authorized to purchase for his wards all necessary mules,
horses, provisions, corn, fodder and plantation utensils
necessary for carrying on a plantation.
Sec. 2. Be it further enacted^ That if the said guardian May give bis
has not sufficient money on hand to pay for the lands so °o'e.
purchased, he is authorized to give his note or notes as
such guardian, for the balance of the purchase money
due, and such notes shall be a lien on said lands, and
the guardian shall not be liable therefor in his indi-
vidual capacity.
Sec. 3. Be, it further enacted, That this act shall not satisfactory
go into effect unless after satisfactory proof made, the }J[^°^j'°''"^"
judge of the probate court of Sumter county shall be of
opinion that it will be to the interest of the minors to
make the investment, and shall order the same to be
made, and shall order the notes (if necessary) to be
given by the guardian for the balance of the purchase
money due.
Approved, December 7, 1861.
No. 189.] AN ACT
To authorize the court of Probate of Madison county
to grant letters of administration upon the estate of
Arthur A. Acklin, late of Lawrence county.
SECTiOBr 1. Be it enacted by the Senate and Home of
Representatives of the State of Alabama in General Assenibbj
convened, That the court of probate for the county of
Madison have authority to take jurisdiction of the
administration of the estate of Arthur A. Acklin, de-
ceased, late of the county of Lawrence, to grant letters
of administration thereon, and to do and perform all
things necessary or proper to cause the estate of said
decedent to be settled and distributed in accordance
■with the laws of this State, as full}'' and effectually as if
the said decedent had been a resident citizen of the said
county of Madison at the time of his death.
Approved, December 4, 1861.
13
1661.
194
No. 190.] • AN ACT
In relatiou to the estate of Catherine Cockburn.
Sec. 1. Be it enacted by the Senate and House of Rep-
resentatives of the State of Alabama in General Assembly
convened. That the State of Alabama hereby relinquishes
b/Siat^"''' and grants to the Methodist Episcopal Church, South,
at Montgomery, all right, title and interest in and to
the estate of Catherine Cockburn, deceased, which now
exists or might vest in said State by virtue of the law
regulating escheats ; and the said church at Mont-
gomery is hereby authorized to demand, take and
receive the estate of the said Catherine Cockburn, sub-
ject, however, to the rights of any creditor of said estate,
and to the rights of any person who, by the laws of
this State, may be entitled to said estate as heir, dis-
tributee or devisee.
Approved, November 29, 1861.
Rives and Mar-
tio, guardians.
Invest J^ in ne-
groes.
No. 191.] AN ACT
To invest certain trust funds therein named.
Sec. 1. Be it enacted by the Senate and House of Rep-
resentatives of the State of Alabama in General Assembly
convened, That William H. Rives, guardian of Joseph
V. Allen, and Abram Martin, guardian of George E.
Allen, are each of them respectively authorized to in-
vest a portion of the trust fund in their hands belonging
to their wards, not exceeding one-fourth thereof, in the
purchase of negroes, for the benefit of their said wards.
Approved, December 7, 1861.
No. 192.]
AN ACT
To provide for holding special terms of the circuit
courts in the 10th judicial circuit.
Section 1. Be it enacted by the Senate and House of
Representatives of the Stale of Alabama in General Assembly
195 1861.
convened, That special terms of the circuit courts for,, ...
., ', K . ,1 -I r, 1 • T • , . . Special terms al-
the several counties composing t«e lUth judicial circuit i"^^edwitiiiii the
of the State of Alabama, may be called at any time "*"^' " '"*""'**•
during the next twelve months by any circuit judge of
this State, and at such special terms the said courts shall
have and exercise the same authority, and transact the
same business as at regular terms thereof, and the said
special terms shall remain in session at the discretioii afaucrcuon"?
of the presiding judge: Piovided, That at least thirty J^^''^^-
d&ys notice of the holding of such special terms shall N„,ice to be pub-
be given by advertisement, published in some newspa-"*'''^'i'"p«pe'".
per in the county where the court is to be held, or if
there be no newspaper in the county, then in such paper
as may be designated by the judge who orders the
court.
Sec. 2. Be it further enacted. That when any such spe- as to grand jury
cial terms shall be ordered, a grand jury shall be drawn
and summoned for the same of the usual number and
in the same manner as is provided by law in reference
to grand juries for regular terras.
Approved, November 9, 1861.
No. 193.] AN ACT
To transfer the county of Conecuh from the second
chancery district, of the Southern Division, to the
seventh chancery district, of said Division, composed
of the counties of Butler and Covington.
Section 1. Be it enacted by the Senate and House of
Representatives of the State of Alabama in General Assembly
convened, That the county of Conecuh be, and is here- ^"J?^^^"*' ""''"''■
by transferred, from the second chancery district, com-
posed of the counties of Conecuh, Monroe and Clarke,
to the seventh chancery district, composed of the coun-
ties of Butler and Covington.
Sec. 2. Be it further enacted, That all causes now pcnd- ^n pendinR c»
iug in the chancery court of said second district, at »" transferred.
Claiborne, which would properly belong to the chancery
court of the county of Conecuh, if there had been a
separate chancery court for said county, be and the
same arc hereby transferred to the chancery court of the
said seventh district, composed of the counties of Butler
1861. 196
and Covington. And it is hereby made the duty of the
register ot the said second chancery district, to deliver
to the register of the said seventh chancery district, on
application for the same, all papers belonging to any of
said causes, together vvith a certiJ&ed transcript of all or-
ders and decrees niade in such causes: Provided^ That
this section shall not apply to any causes or suits which
might have been brought in the counties of Monroe
and Clarke, if there had been separate chancery courts
- for said counties.
Kogietcr for 7th Sec. 3. Be it furthe7' enacted, That it shall be the duty
forpaperl^^'^'^of the register in chancery for the said seventh district,
to apply for and receive from the register in chancery
for the said second district, all papers transferable to
his office under this act.
y^gg Sec. 4. Be it further enacted, That for any transcript
required by this act to be made, the register of the said
second district shall receive the same fees, as for a copy
of bill and answer, to be charged as costs in the case.
Approved, December 9, 1861.
No. 194.J AK ACT
To change the time of holding the chancery courts of
the counties of Sutnter, Marengo and Choctaw.
Sec. 1. Be it enacted by the Senate and House of Bepre-
sentatives of the State of Alabama' in General Assembly
convened, That the terms of the chancery courts of the
county of Sumter shall be hereafter held on the Tues-
day after the iirst Monday in January and on the third
Monday in July; of the county of Choctaw, on the
Wednesday after the second Monday in July, and of
the county of Marengo, on the fourth Monday in July,
in each year, instead of the times now prescribed by
law.
Approved, December 9, 1861.
197 18G1.
No. 195.] AN ACT
lu relation to holding the Fall Term, 1861, of the chan-
cery courts in certain counties.
Whereas, but little or no business could be done by preamble,
holding the fall term of the chancery courts in the coun-
ties of Russell, Chambers, Tallapoosa, Coosa, Macon
and Autauga, by reason of parties, witnesses and solici-
tors engaged in many of the causes in said counties be-
ing absent in the service of the country — Therefore,
Section 1. Be it enacted by the Senate and House of
Representatwes of the State of Alabama in. General Asf^embbj
convened, That the chancellor of the Middle Chancery nouob?beid7n
Division shall not be required to hold said fall term of •"''^'iie aivision.
the chancery courts in the counties of Russell, Cham-
bers, Tallapoosa, Coosa, Macon and Autauga, for the
year 1861.
^'E.G. 1. Be it farther enacted. That the chancellor of Not to be held in
the Southern Chancery Division of the State, be not^*;"„'.''"" *''^'"
required for the same reasons, to hold the chancery ,
court at the full terra, 1861, in the 10th district of said
Division: Provided, hoivcvcr, solicitors of that court may proviso,
at any time hereafter, before the spring terra, 1862,
thereof, submit their causes to the chancellor for de-
crees, by agreement of all parties to those causes so
submitted, which decrees may be rendered at chambers,
before said spring terra, and entered upon the records
of the said court, according to the chancellor's written
direction, embraced in said decrees. The provisions of
this section shall extend to the chancery district, com-
posed of the counties of Dale and Ilenr}', and Butler,
Barbour and Pike.
Approved, November 6, 1861.
No. 196.] AN ACT
To authorize L. W. Travvickc to erect gates across a
public road in Butler county.
Sec. 1. Be it enacted hij the Senate and House of Bcp-
resentatives of the State of Alabama in General Assembly
convened, That L. W. Trawicke be, and he is hereby
1861.
198
Authority,
Proviso.
authorized, to erect two gates across the public road,
leadins^ from Ridgevjlle, in Butler county, to James R.
Yeldell's mill; Provided, however, That said gates shall
be so constructed that they may be opened with ease
by a man on horseback: And 'provided, further, That if
said L. W. Trawicke shall at any time permit ei^^her of
said gates to remain for one day in such condition as not
to be easily opened b}'' a person on horseback, then the
privilege conferred by this act shall be forthwith re-
scinded, and said Trawicke shall be liable to be indicted
for obstructing the public highway. ■
Approved, December 4, 1861.
:N'o. 197.]
AN ACT
To divide the County of Butler into four commis-
sioners' districts.
Shall divide.
One commission'
er for each dist.
Certain laws
amet-ded
Sec. 1. Be it enacted hy the Senate and House of Rep-
resentatives of the State of Alabama in General Assembly
convened, That the court of county commissioners of
Butler county shall, at their May term, 1862, proceed
to lay off said county into four commissioners' districts,
as nearly equal in population as practicable, without
dividing any election precinct.
Sec. 2. Be it further enacted. That hereafter at any
election for county commissioners of said county, there
shall be one commissioner elected for each of said dis-
tricts, who shall be a resident citizen of the district for
wliich he is elected, and who shall be voted for only by
the citizens residing in that district; and no citizen of
said county shall be entitled to vote but for one com-
missioner for said county, and the commissioner voted
for shall be a citizen of the district in which the person
offering to vote resides.
Sec. 3. Be it further enacted, That all laws relating to
the election of county commissioners of Butler county,
coming in conflict with this, be so amended as to con-
form to the provisions of this act.
Approved, JS^ov. 30, 1861.
199 1861.
No. 198.] AN ACT
To authorize the Court of County Commissioners of
" Butler county to levy a special county tax for the
support of families of indigent volunteers.
Sec. 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of Alabama in Generdl Assembly
convened, That the court of county commissioners of
Butler county are hereby authorized to levy a special special tax of 55
tax in the said county of Butler, of twenty-five per cent,
upon the State tax, as assessed for the present year in said
county; which special tax, or so much of the same as
may be uecessarf, shall be expended by said court of „ . , ^
count}' commissioners in the support or lamiiies or in-pended.
digent volunteers, in the event that the portion of the
special State tax that may be appropriated to said count}',
under the act passed at the recent called session of the
legislature, shall be insufficient to support said families
as provided for by said act: and any of said special
county tax, that may not be necessary for this purpose,
is hereby required to be placed in the county treasury
of said county, for county purposes.
Sec. 2. Be it further enacted, That there shall be a special termor
special term of said court in said county, on the first ""'*'''"'''■
Monday in January next, for the purpose of authorizing
the levy of a special tax in the county of Butler, herein
provided; and the tax-collector is hereby required to
collect said special county tax at the same time that he
is collecting the special State tax, and the regular
county tax, for said county, for the present year.
Approved, December 7, 1861.
No. 199.] AN ACT
To authorize the Judge of Probate of Calhoun county
to appoint a special tax collector for the. years 1859
and 1860.
"Whereas the tax collector elected for Calhoun county, p,jan^,,,e,
ou the first Monday in August, 1861, left a largo amount
of the tuxes assessed against the citizens of said county,
for the years 1859 and 1860, uncollected; therefore
1861.
200
Present collector
10 act.
Bond to be given
Shall proceed
forthwith.
Liability,
To receive tax
books for 1859-60
Not to interfere
with any legal
liability.
Sureties to fl!e
written assent.
Be it enacted by the Senate and House of Bepresentatives
of the State of Alabama in General Assembly convened,
That the present tax collector of said county be, and he
is hereby authorized and required to collect all such
taxes due the State of Alabama, in said county, for the
years 1859 and 1861, not heretofore collected.
Sec. 2. Be it further enacted, That the judge of pro-
bate shall require said officer to give bond, with securi-
ties, in such amount as may be determined on, and to
be approved by him.
Sec. 3. Be it further enacted. That said officer, upon
accepting said appointment and qualifying as provided,
shall proceed forthwith to collect all such taxes of the
citizens of said county as were assessed against them
for said years, and have not been heretofore collected ;
and for that purpose he is hereby invested with all the
rights and powers of tax collectors elected and qualified
under the laws of Alabama, and is liable to all the pains
and penalties for failing to collect and pay over said
taxes, that any other tax collector is subject to.
Sec. 4. Be it further enacted, That said collector,
when appointed, has a right to demand and receive the
tax books as assessed, made out and delivered to the
tax collector for said years; and for his services he shall
receive the same commissions as is now provided by
law for other tax collectors.
Sec. 5. Be it further enacted. That the provisions of
this act shall in no wise interfere with any legal liabil-
ity which the said tax collector of Calhoun county,
whose term of office expired on the first Monday of
August, 1861, and his securities for the faithful discharge
of the duties of said tax collector, may have incurred;
and before this act shall take eftect, the sureties of said
tax collector shall file with the Comptroller their writ-
ten assent to the provisions of this act, and the present
tax collector herein authorized to collect such taxes
remaining uncollected, shall give bond with security
for the faithful discharge of his duties, as in other cases
of tax collectors.
Approved, November 11, 1861.
201 1861.
No. 200.] AN ACT
To make AY. W. Armisted, a liner between Monroe
and Clarke counties, a citizen of Clarke county.
Section 1. Be it enacted hy the Senate and House of
Beprcsentatives of the State of Alabama in General Assembly
convened, That "William W. Armisted, who resides on
the line between Monroe and Clarke counties be, and
he is hereby declared to be a citizen of Clarke county,
and liable to perform all the duties, and is entitled to
all the privileges of a citizen of Clarke county, any law,
usage or custom to the contrar}' notwithstanding; and
the county botindary of said county of Clarke is hereby
so far changed as to embrace the residence of the said
"William W. Armisted within its limits.
Approved, December 6, 1861.
No. 201. AN ACT
To authorize the Commissioners' Court of Cherokee
county to levy a special tax, in order to require each
citizen of said county to bear a just proportion of
expenses heretofore incurred for volunteers, and the
support of their families, according to the amount of
his or her taxable property.
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 Cherokee
county are authorized to levy a special tax on all the^p"*c^ianas°'"^
taxable property in said county, for the purpose of
equalizing the expenditures made by the citizens of
said county in fitting out and equipping volunteers, who
have entered into the actual service of the State of Ala-
bama, or the Confederate States of America, and for
the support of the families of such volunteers.
Sec. 2. Be it further enacted, That it shall be the duty ja.igc to gi?*
of the judge of probate of said county to give notice, ""''"•
for three weeks, in some newspaper published in said
county, or by posting written notices at the places of
holding justices' courts in the several beats of said
county, making known the time when a special term of
1861. 202
said court will be held at the court-house in said county,
for the purpose of ascertaining the amount expended
for the purposes aforesaid, and for levying said tax.
Court may issue Sec. 3. JB 6 it fuHher enacted, That upon satisfactory
certificates. proof being made to the said court, they may issue such
certificate or certificates to each individual for the
amount he or she has so expended, and pursue what-
ever course may be necessary to require each citizen of
said county to contribute for the purposes aforesaid, in
proportion to his or her taxable property.
Duty of tax col- Sec. 4. Be it further enacted, That it shall be the duty
of the tax collector of said county to collect said special
tax, as other count}'' taxes, and receive in pa}'^ for said
special tax, the certified claims of individuals, under
such -restrictions and limitations as the said court may
impose.
Approved, December 7, 1861.
lector.
No. 202.] AN" ACT
Th cause the Justices of the Peace in Cofi'ee county to
perform the duties of road apportioners, and for
' other purposes.
Sec. 1. Be it enacted hy the Senate and House of Repre-
sentatives of the State of Alabama in General Assembly
Justices to per- conveued, That from and after the passage of this act, it
f|^onniutie3 of shall bc thc duty of the several justices of the peace in
roa appor ion- g^^j] ^ounty to do and perform all the duties of road
apportioners in said county.
Constables to do Sec. 2. Aiid be it further enacted, That the CQUstables
of the several beats in said county shall do road service,
iu working roads as other hands.
Approved, December 10, 1861.
No. 203.] AN ACT
To legalize the act of the Commissioners' Coart of
Coftee county.
Sec. 1. Be it enacted by the Senate and House of Repre-
road serrice.
203 1S61.
sentaiives of the State of Alabama in General Assembly
convened, That the proceedings of the commissioners'
court of revenue and roads of the county of Coffee, in
granting to John G. Cowan tlie right to establish a
public ferry across Pea river, about three miles from
Geneva, in said count}^ and about the same distance
from the junction of said river, with the Choctahatehee
river, where said ferry is now. established, be, and the
same are hereby legalized.
Approved, November 11, 18G1.
No. 204.] AN ACT
To repeal a certain special road .law or laws for the
counties of Conecuh and Monroe.
Skctiox 1. He it enacted by the Senate and House of
Hej'tresentatives of the State of Alabama in General Assembly
convened^ That any and all laws heretofore enacted by
the General Assembly of this State, making a special peaied.
apportionment of all hands residing w^ithin one and a
half miles to the former stage road dividing the conn- ,
ties of Conecuh and Monroe, to work upon said road,
be, and the same is hereby repealed.
Sec. 2. And he it further enacted, That so long as said commissioners'
road may be continued, it shall be the duty of the court coui-'to appoint
of county commissioners of Monroe to appoint overseers
for the north-eastern half, and of the court of county
commissioners of Conecuh county to appoint the over-
seers for the south-western half of said road.
Approved, December 3, 1861.
No. 205.] AN ACT
To repeal an Act, entitled an Act to confer upon the
Intendant of the town of Rockford the powers of
a justice of the peace, and for other purposes.
Sec. 1. Be it enacted by the Senate and House of Bep-
resentatives of the State of Alabama in General Assembly
convened, That an act, (Entitled "an act to confer upon
1861. 204
the intendant of the town of Rockford the powers of
Act Feb. 8, 1861, a jiistice of the peace," approved February 8, 1861, be,
repealed. j^j^^j ^^iQ samc is hereby repealed, and any law or laws
repealed by the same are revived.
Sec. 2. Be it further enacted, That the charter of the
amen7ed:''""°town of Rockford, approved February 24, 1860, be so
amended as to strike out all that pertains to the elec-
tion of an intendant for said town, and that all the
powers conferred upon the said intendant by the said
act of incorporation, be, and the same are hereby con-
ferred upon the justice of the peace for said town, who
shall be ex officio the intendant of said town.
Sec. 3. Be it further enacted, That the sheriff of the
el'e^tion'for'^Jus- county of Coosa be required to order forthwith an elec-
tiee.of Peace, ^j^^ f^^ g^ justicc of the peace of said town of Rockford,
who shall, when qualified, enter upon the discharge of
his duties as justice, together with those of intendant
hereby conferred : Provided, that the present intendant
shall continue to exercise the functions of his office
until such justice is qualified.
Approved, December 7, 1861.
1^0. 206.] AN ACT
To repeal an act, entitled "an act to increase the pay of
grand and petit jurors of Dale county," approved
January 31st, 1861.
Sec. 1. Be it enacted by the Senate and House of Rep-'
resentatives 'f the State of Alabama in General Assembly
convened. That an act, entitled an act to increase the
pay of grand and petit jurors of Dale county, approv-
ed January 31st, 1861, be and the same is hereby re-
pealed.
Approved, November 11, 1861.
205 1861.
No. 207.] AN ACT
To reduce the fees of the county surveyor of DcKalb
county.
Section 1. Be it enacted by the Senate and House of
Representatives of the State of Alabama in General Asscmhly
convened, That the county surveyor of DeKalb county,
from and after the passage of this act, shall receive two
dollars per day, for each day he may be employed in
surveying in said county, any law to the contrary not-
withstanding.
Approved, November 9, 1861.
No. 208.] AN ACT
To cause a registration of outstanding claims against
the counties of DeKalb and Covinc-ton.
'O"
Sec. 1. Be it enacted by the Senate and JToicse of Repre-
sentatives of the State of Alabama vi General Assembly
convened, That all persons holding claims against the
county of DeKalb, which were made previous to the ^?jj||^[|^^°\^^
year 1856, be and they are hereby required to present
the same to the county treasurer of said county for
registration, within twelve months from the passage of
this act, or upon failure to do so, their claims to be
barred.
Sec. 2. Be it further enacfed. That the provisions of Prorisions ex-
this act be, and are hereby extended and made applica- ington.''*^''*'
ble to Covington county, and to all claims against that
county existing before 1st of January, 1858.
Approved, i)ecember 6, 1861.
JSo. 209.] AN ACT
Amendatory of an act requiring certain duties of jus-
tices of the peace, in the county of Fayette, approv-
ed 2d February, 1858.
Sec. 1. Be it enacted by the Sevftite and House of Reprc-
1861. -^^^^^^ 200
sentatives of the State of Alabama in General Assembly
8cc. 3 emttiiiedi. convened^ That section three of an act, entitled an act
requiring certain duties of justices of the peace, in the
county of Fayette, approved 2nd February, 1858, be so
amended as to leave it optionary with the overseers
therein named, whether or not they will set off to any
hand his portion of the road as therein expressed ; that
if any overseer shall consider any person applying for
his portion of a road to be set off to him as provided
in said act, who in his judgment is not responsible and
able to pay any fine that might accrue by default, then
such overseer shall not be compelled to set off his por-
tion of said road.
Approved, Kovember 9, 1861.
Np. 210.] AK ACT
To repeal all laws or parts of laws contravening section
776 of the Code of Alabama, so far as the county of
Franklin ia concerned.
Seo. 1. Be it enacted by the Senate and House of Rep-
resentatives of the State of Alabama in General Assembly
convened, That all laws or parts of laws contravening sec-
tion 776 of the Code of Alabama, be and the same is
hereby repealed, so far as the county of Franklin is
concerned.
Ap'proved, November 22, 1861.
Ko. 211.] AK ACT
To repeal sections one and three of. " an act to regu-
late the pay of grand and petit jurors in certain
counties, the pay of jurors in the probate courts of
the State, and to provide for the prompt payment of
BUch jurors," approved February 6th, 1860, so far as
said sections relate to the county of Franklin.
Sec. 1. Be it enacted by the Senate and House of Rep-
resentatives of the State_ of Alabama in General Assembly
convened) That sections 1 and 3 of " an act to regulate
207 1861.
the pay of grand and petit jurors in certain counties,
the pay of jurors in the probate courts of the State,
and to provide for the prompt payment of such jurors,"
approved February 6th, 1800, be and the same are here*
by repealed, so far as said sections relate to the county
of Franklin.
Approved, November 11, 1861.
Ko. 212.] AN ACT
To enable the court of county commissioners of Greene,
Autauga, and Sumter counties, to appoint overseers
and apportioners of public roads in said counties,
over the age of eighteen and under the age of sixty.
Sec. 1. Be it enacted by the Senate and House of Repre'
8entative8 of the State of Alabama in General Assembly
convened, That the court of county commissioners of
Greene county, Autauga county, and Sumter county,
are hereby authorized and empowered to appoint all
male persons over the age of eighteen years and under
the ago of. sixty, in their counties, overseers and appor-
tioners for public roads in said counties, except as are
exempted by section 1140 of the Code : Providxd, this
act shall be in force for, and only during the present
war, and twelve months thereafter.
Approved, December 7, 1861.
No. 213.] AN ACT
To repeal an act therein named.
Sec. 1. Be it enacted by the Senate and House of IteprC"
sentativrs of the State of Alabama in General Assembly
convened, That an act, entitled an act to change the
boundary line between the counties of Jefferson aiid
Shelby, approved February 8th, 1861, be and the same
is hereby repealed.
Approved, November 11, 1801.
1661. 208
" No. 214.] AN ACT
To regulate the pay of the merahers of the court of
county commissioners of Lawrence county.
Sec. 1. Be it enacted hythe Senate and House of Bepre-
sentatives of the State of Alabama in General Assembly
convened, That hereafter the members of the court of
county commissioners of Lawrence county, shall receive
for each day's service in holding such, the sum of
three dollars per day each, any law to the contrary "not-
withstanding.
Approved, December 3, 1861.
No. 215.] AK ACT
To repeal an act therein named.
Section 1. Be it enacted by the Senate and House of
Bepresentatives of the State of Alabama in General Assembly
convened, That an act, approved February 24th, 1860,
entitled an act to regulate the working of a certain .
road in Madison county, be and the same is hereby re-
pealed.
Approved, December 10, 1861.
No. 216.] AN ACT
To repeal an act to compel the court of county com-
missioners of Marshall county, to levy a special tax
for the purpose of paying the grand and petit jurors.
Sec. 9. Be it enacted by the Senate and House of Repre-
sentatives of the State of Alabama in General Assembly
corivened, That an act, entitled "an act to compel the
court of county commissioners of Marshall county, to
levy a special tax for the purpose of paying the grand
and petit jurors," approved February 8th, 1858, be and
the same is hereby repealed.
Approved, December 3, 1861.
209 1861.
No. 217.] AN ACT
To amend section 796 of the Code of the State of Ala-
bama, to apply to the county of Marion.
Sec. 1. Be it enacted by the Senate and Souse of liep-
resentatives of the State of Alabama in General Assembly
convened, That from and after the passage of this act,
any person or persons, notified by the judge of probate
of Marion county, to meet at the county site of said •'<'""'*>■.'■"'• f"'!-
-^ '. -Ill 1 1 "re to attend to
countN'', as a committee to examine the books and vouch- examine books,
, ,j , , 'c ifcc, of countF
ers or the county treasurer; if any person or persons, trcMurer.
after being notified, should fail to attend and perform
the duties assigned him or them, each defaulter shall
forfeit twenty dollars to the use of the county : Provided^
the judge of the probate court shall hear all reasonable
excuses, within thirty days after such default ; if no such
excuse is heard, the judge of probate shall issue execu-
tion against all defaulters for said forfeit, and the officer
collecting the same, shall pay it over to the county I
treasurer.
Sec. 2. Be it further enacted, That any person, who co^,p„„_,5ioa
may serve on such committee, shall receive two dollars
per day for each day he ma}'^ be necessarily engaged in
such service, to be paid out of any moneys in the coun-
ty treasury not otherwise appropinated.
Approved, November 30, 1861.
No. 218.] • AN ACT
To amend the law in relation to public roads, in the
county of Marengo.
Sec. 1, Be it enacted by the Senate and House of Bepre-
senialives of ike State of Alabama in General Assembly
convened, That the court of county commissioners for
the county of Marengo, or the judge of probate for said point""'" '° "''"
county in vacation, be and tlie same are hereby author-
ized to appoint any person in said county, who consents
to accept such appointment, overseer over any portion
of the public roads in said county, for a term not ex-
ceeding ten years, and assign to such person his or her
14
1861. 210
hands to work said road for and daring such term t .Pro->
Proviso. vided, That such appointment may be revoked by said
court or judge as soon as such overseer ceases to be a
resident of the precincts in whicli such road is located.
Liabiiit of over- ^^^' ^* "^^ ^'^ fuvther cjiacted, That such overseer shall
seer. be liable and subject to perform all of the duties now
required of overseers of public roads by subdivisions 3, 4,
5 and 6, of section 1159 of the Code, and he or she
shall have the same powers as are now conferred on '
overseers of public roads by sections 1162 and 1163 of
the Code ; and said subdivisions 3, 4, 5 and 6 of said sec-
tion 1159, and said sections 1162 and 1163, are hereby
made applicable to all overseers appointed and portions
of roads assigned to them, under the provisions of this
act.
Number of days. Sec. 3. Be it fui'tJwr euacted, That such overseer
roadstobework- shall be required to work such roads with the hands
aforesaid, ten days in the year, if such number of days
work is necessary to keep the same in good repair.
Overseer guilty ^EC. 4. Be it further enacted, That if any overseer
of misdemeanor under tliis act, pcmiit a fallen tree, dead animal, or any
other obstruction to travel, to remain in or across any
part of the said road, for three days after notice thereof,
or allows his said road to be out of repairs for more than
ten days at one time, without a good excuse to be de-
termined by the court, he or she shall be guilty of a
misdemeanor.
Section 1182 of S^c. 5. Be it further enacted , That section 1182 of
Code applicable, j^t^q Codc, is hereby made applicable to all overseers
under this act.
Overseers and Sec. 6. Be U further euacted, That 8U(?h overseers and
hands exempt. i\^q\y hauds are hereby exempt from apportionment
under the laws of this State, for and during the term
of their appointment, or so long as they continue to act
under the same.
Section 1176 of ^^^- '^ ' Bc it fuvthev enucted, That section 1176 of the
Code applicable. Codc, is hereby made applicable to all roads over which
overseers are apportioned under this act.
Approved, December 9, 1861,
211 ISGl.
No. i^lO. AN ACT
To aid in the Harbor Defences of Mobile.
Section 1. Be Ht enacted by the Senate and House of
.Representatives of the State of Alabama in General Assembly
convened. That the sum of one hundred and fifty thou-^,,
, 1 ,, 1 ii r 1 *i.')0,ooo appro-
sand dollars, or so much thereot as may be necessary priated.
for the purpose, be, and the same is hereby appropri-
ated, out of any money in the treasur}^ of the State, to
be applied to the construction of an iron clad gunboat
and ram for the defence of the bay and harbor of Mobile.
Sec. 2. Be it farther enacted, That L. J. Fleming, P, commissioners.
J. Pillans, Peter Hamilton and Duke W. Goodman,
of Mobile, and Lieut. James D. Johnson, of the C. S.
Navy, now stationed at Mobile, or his successor at that
station, be, and are hereby appointed commissioners to
undertake, manage and superintend the construction
of said vessel; and the money hereby appropriated^ ^^ . .
shall be paid out ot the said treasury on the checks, or blliauun'their
drafts, of the said commissioners, or such one or more ''""■''"''*■
of them as said commissioners by their writing, ad-
dressed to the Treasurer of tlie State, shall appoint and
depute for that purpose ; and may be drawn for by
said commissioners, by drafts or checks on the Trcasu- °'''^' *^'"*'^""
rer, from time to time, in such amount as may be needed
in the purchase of materials for said gunboat and ram, pog^^^'''"' p'"'
and for the payment for work and labor thereon, as the
work may progress, and the contract for such work and
labor may mature and become due and payable : Pro-
vided, that, in the event of a vacancy in said board of
commissioners by the non-acceptance, death, or resig-
nation of either of said commissioners, the Governor
shall have the right, and it is hereby made his dut}", to
fill such vacancy.
Sec. 3. Beit farther enacted. That the said com mis- commissioners
sioners, or such of them as ma}'^ accept this commission, Bnce.
shall, before receiving an}^ of said money, in writing
signify their acceptance of this trust to the Comptroller
of this State, and shall pledge their honor faithfully to
apply the money so entrusted to them, and furnish Fumish voucii-
vouchers therefor, to be deposited with said Comptroller, *"*
in order to be used to obtain re-imbursement from the
Confederate government.
Sec. 4. Be tt further enadedy That said coinmissiou-
1861.
212
Shall proceed at
once.
May procure a
vessel alreaJy
built.
Duty as to the
construction of
the ram.
Must meet ap-
proval of C, S.
oCBcer.
Discretion of the
commissioners.
ers, so complying with the provisions hereof, shall at
once proceed to build, construct and fit out a boat to
be propelled by steam, and able to carry not less
than two guns of the calibre not less than sixty-eight
pounds of solid shot; said boat shall also be coated
with iron, to aiford protection against enemy's shot,
and shall be armed with an iron prow or ram, to ena-
ble it to crush in the side of any opposing vessel against
which it maybe thrust; said vessel shall be constructed
of such dimensions as to be ablf^ to float in water of the
depth of seven feet, with the ai^mament above named.
Sec. 5. Be it further enacted, That if said commission-
ers be able to procure, on reasonable terras, a vessel al-
ready built, capable of being converted into a ram, and
armed so as to be efficient for the purpose herein pro-
posed, then said commissioners arejiereby authorized
to purchase such vessel and convert it into a gunboat
and ram ; but in that case, said commissioners may
limit the armament of said boat to one gun, of calibre
not less than a 32-pound rifled cannon.
Sec. 6. Be it further enacted, That it shall be the duty
of said commissioners, in discharging the duty hereby
imposed on them, to have constantly in view the fitting
out and equipping of a vessel that will be efiicient as a
ram, and with suitable battery for shell and shot, in all
the waters of the bay of Mobile where an enemy's ves-
sel can penetrate, for the purpose of either attacking
fortifications or batteries, or throwing shells upon land,
or for the purpose of landing troops, so as to defeat, as
far as practicable, any attempt on the part of the enemy
to make any lodgment in any part of the bay of Mobile;
and said structure shall be so made as to meet the ap-
proval of the oflicer of the Coniederate States navy \vf
command of the naval defences in and about the bay of
Mobile, both as to strength, buoyancy and efficient
power. - ,
Sec. 7. Be it further enacted, That said commissioners
are hereby authorized to proceed in the construction
and fitting out of said vessel, either by contract with
ship-builders, or by hiring workmen and mechanics,
and building or fitting out, under the superintendence
of competent master ship carpenters, as they see fit ;
but in all cases where they proceed by contract, in
whole or in part, said commissioners shall require bond
and sufficient security of said contractors for the faith-
213 1861.
ful and speedy performance of all the stipulations
entered into by them. In exercising the discretion
hereby conlided to them, said commissioners shall have
in view the speedy construction and fitting out of said
vessel, and also the faithful and perfect construction of
the said vessel, so as to be in all respects, so far as prac-
ticable, fitted for riinning into and destruction of the ene-
my's vessels, where she can be brought into close quar-
ters, and also for destruction by heav}'- arms, where an
engagement can be entered into only at a distance.
Sec. 8. Be it furtlter enacted, That said commission- pared and^fiued
ers are hereby directed to have said vessel prepared and
fitted either at the city of Mobile, or at any point in
the waters connected with the bay of Mobile, where the
same can be most conveniently, safely, speedily and
economically fitted out and prepared.
Approved, jS'ovember 9, 1861.
out.
^0. 220.] AN ACT
To amend" "An Act to aid in the defenses of Mobile,"
approved Nov. 9, 1861.
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 approved Nov. 9th, 1861, be. and
the same is so amended as to authcn-ize the Governor to Appropriation
issue orders from time to time for the appropriation of p=!>,"t''<"""' of
$150,000 therein made, directing the Auditor of the'""'"^''
Treasury, or Comptroller of Public Accounts, to draw
his warrants on the treasury therefor, payable out of
either of the funds appropriated for the military defense
of the State, b}- an act, entitled "An Act making ap-
propriations for the military defense of the State,"
approved Feb. 6, 1861 ; and that the Auditor's or Comp-
troller's warrants, drawn in pursuance of such orders,
shall be paid by the Treasurer out of the funds appro-
priated by the said last mentioned act, anything in
either of said acts to the contrary notwithstanding.
Approved, December 7, 1861.
1861.
214
1^0. 221.]
AN ACT
To amend an Act, entitled an Act for the improve-
ment of the Bay and Harbor of Mobile.
Sec. 1. Be it enacted hy the Senate and House of Repre-
sentatives of the State of Alabama in General Assembly
convened, That the action of.the court of commigsioners
of revenue for Mobile county, in making the assess-
ment, under the fifth section of said act, and ' direct-
ing the tax collector of Mobile county to refrain from
the collection of said assessment, until ordered by said
court, be, and the same are hereby approved and le-
galized.
Sec. 2. Be it further enacted, That the said court of
commissioners of revenue be, and are hereby required
to postpone the collection of the said assessment and
tax until twelve montlis after the end of the war.
Sec. 3. Be it further enacted, That the suspension of
said tax shall not be the cause of any forfeiture of the
relinquishments, donations, authority or powers granted
by the State of Alabama in said act, for the improve-
ment of the bay and harbor of Mobile, but all of said
forfeitures are hereby barred.
Moneys, where to Sec. 4. Be it further enacted, That all moneys col-
be deposited, lectcd for Said harbor fund shall be deposited in the
Bank of Mobile: Provided, the said bank shall pay in-
terest thereon at the rate of four per cent, per annum.
Approved, IsTovember 11, 1861.
Action of com-
missioners' court
approved.
Tax postponed.
Said suspension
no forfeiture. «&c.
Proviso.
No. 222.]
AN ACT
To provide for the manufacture of certain arms for
Mobile.
Preamble.
Whereas there is a threatened invasion of our State
by those endeavoring to subjugate us; and whereas
there is a great scarcity of arms, and the public safety
requires weapons to be placed in the hands of our mili-
tary, therefore
Sec 1. Be it enacted hy the Senate and House of Rep-
resentatives of the State of Alabama in General Assembly
convened. That the sum of six thousand dollars be and
215 1861.
is hereby appropriated out of any uuappropriated money ^^^^^^ appropna-
in the treasurj^ to purchase one thousand Bowie-knife- te^.
shaped pikes, and one thousand Bowie knives for the The purpose and
use of the 48th regiment Alabama militia: Pmmt^ec?, Proviso '"'"^
that only so much of this appropriation shall be used as
may be necessary to pay the actual cost of the manu-
facture of such arms.
Sec. 2. Be it further enacted, <fe., That the said sum of to whom to be
money shall be ^^aid to Alexander McKinstry, upon the i''"''^-
warrant of the Governor, on his giving bond with suffi-
cient security in double the amount, to be approved by
the-Govcrnor, for the application of the same according
to the provisions of this act.
Sec. 3. Be it further enacted, rfc, That to fully complete to complete the
the numbers of the said 48th regiment, any person '"''g'"'^'"'-
residing out of the said regiment may enrol his name in
any of the companies thereof, and shall thereupon be
subject to military duty as a member of said regiment,
and in no other.
Sec. 4. Be it further enacted, c^-c, That any volunteer Any volunteer
companies in the county of Mobile may be attached to taeheth''^
said regiment, on their application for such purpose to,
and with the approval of the colonel.
Sec. 5. Be it further enacted, do.. That upon the ter- The property of
r- j^i • j^- .1 • 1 the State after
mination of the existing war, the said arms or weapons the war.
shall be delivered to the Governor of Alabama, for the
use of the State.
Sec. 0. Be it further enacted, dc, That the Governor simuar arms for
of this State be, and he is hereby authorized to caiuse meniVbanaUon
arms of a similar kind, with such improvements as he
may direct, to be manufixctured for any other regiment
or battalion of militia, or other troops organized in con-
formity to the laws of This State, whenever he may
deem it advisable, and to draw his warrant upon the
treasury of the State.
Approved, November 27, 1861.
No. 223.] AN ACT
To amend the Militia laws in the city of Mobile.
Sec. 1. Be it eiiacted t>}/ the Senate and House of Jiepre-
aen'atives of the State of Alabama in General Assernbbj
1861. • 216
sions by remor-
offlcers not to ooiiveued, That commissioned officers of the regiments,
lose commis- in the citv of Mobilc, holding; commissions therein,
shall not lose their commissions by removing, or hav-
ing removed to any other part of the city, but shall not
be eligible to an election in any beat, battalion or regi-
ment, not being the beat, battalion or regiment of his
residence, to wit : he shall be a resident of the beat, bat-
talion or regiment he desires to be elected in.
Sec. 2. Be it further enacted, That^whenever any of
b^give^nr" "" the militia are called out under chapter xii. sections 1
and 2, they may be called on immediately, .and orders
published in any one of the'city papers, or personal no-
tice, shall either be sufficient notice.
Approved, Novem-ber 11, 1861.
How notice may
No. 224.] AN ACT
To protect the elective franchise in Municipal elections
in the City of Mobile.
Sec. 1 . He it enacted hy the Senate and House of JRej^e-
sentatives of the State of Alabama in Genercd Assembly
convened, That in all municipal elections by the people
Registration of to bc held in the city of Mobile, the names of the elec-
iiand. ^. ^ tors, bcforc being admitted to vote, shall have been
registered at least ten days before the day of election.
Sec. 2. And be it further enacted. That three commis-
sionersto open sloucrs shall bc appointed by the judge of the cit}' court
a register. ^£ Mobilc ; that they, or a majority of them, shall open
a register of voters, and shall sit at the court house
of Mobile county during ten days, from 9 o'clock, A. M.
• till 3 o'clock, p. M., on each day, to receive applications
for registry; that they shall give public notice by pub-
lication in newspapers of the time when they will com-
mence their sittings, and of the day when it shall end.
Names to be en- Sec. 3. And bc it further cnactcd, That said commis-
amination"^ "''' sioucrs shall cousider of all applications for registry, and
if fully satisfied that the applicant is entitled and duly
qualified in all respects to vote at the proposed election,
shall enter his name in full as a voter in their register,
with name, sirname and middle name, if any, with the
ward of his residence, and cause the applicant to sign
the same with his name or mark; and said commission-
217 1861.
ers shall have p^ower to examine the applicant on oath as
to his qualifications, and also all others, and to examine
all evidence they may deem necessary to ascertain the
truth.
Sec. 4. And he it further enacted, That said com mis- Register to be
sioners shall return said register ten days before the fet^^med :o day*
proposed election, to the clerk of the city of Mobile for
preservation, where it shall be kept for public inspec-
tion ; and the said commissioners shall cause an alpha-
betical list of the names of all voters admitted to vote
in each of the wards respectively, and return the same
with the register; and the clerk of the city shall cause
such lists to be delivered to the inspectors of each ward
respectively on the day of election, for their government.
Sec. 5. And he it further enacted, That each elector Electors to vote
shall vote in the proper ward of his residence, and the ive'wards^*^^*^'"
inspectors shall admit to vote those only whose names
are found on their respective lists ; and the right of the
voter so registered, shall not be questioned, except that
the inspectors shall be satisfied as to the identity of the
voter with the name registered ; and when the vote is
given, the name shall be struck ofi:' in the list.
Sec. 6. And he it further, enacted, That said commis- Appointment of
sioners shall be appointed at least thirty days before the '=''"«"»^^'«'>«"-
proposed election ; that their sessions shall commence
not less than twentj'-five days before the election ; that
they shall be duly sworn faithfully to discharge the du-
ties of their ofiice, and may appoint a clerk to aid them
in the discharge of their duties, who shall be sworn in
like manner; and the said judge of the city court shall
fill all vacancies in the ofiice of commissioner.
Sec. 7. And he it further enacted, That in case of the ab-'TudRe of probate
^ ., r> i 1 • 1 r? J.1 -i. 1. i • J. !o iippoinl if the
sence or liiilure of the judge or the city court to appoint judge «f the city
said commissioners, Ihey shall be appointed by the '^°"''"^^"''
judge of the probate court of Mobile county, and in case
of his failure, then by the mayor or acting mayor of
the city of Mobile ; and if from any cause the registry
shall not be had in proper time, then the mayor of
Mobile shall postpone the proposed election till a day
ten days after the registry shall be completed, not longer,
however, than sixty days, if practicable.
Sec. 7. And be it further enacted. That the said commis- compensation of
sioners and clerks shall be entitled to receive for their ^"■^"^",|f;^""^"
services compensation at the rate of tlirce dollars each
per day, while actually engaged in their duties, to be paid
1861- 218
Penalty for mai- ^^^ ^^ ^^^ ^^^J treasury ; aud in case of malfeasance or
feasance or non- non-fcasance in the discharge of the duties of their office,
easance. respectively, shall be subject to indictment and to fine
arid imprisonment, at the discretion of the jury trying
the same, not to exceed six months imprisonment, and
one thousand dollars fine ; and all persons convicted of
Penalty for false . piiii- -i •• ii?
swearing. swcariug lalscly before said commissioners, or betore
the inspectors of election in relation to the qualifica-
tion to vote, or identity of the voter, shall be guilty of
IDcrjury aud punished accordingly ; and all persons caus-
ing their names to be registered as lawful voters, knovs^-
ing that they have not the qualifications pretended, shall
be subject to all the penalties which now or may then
exist, or be in force for falsely voting at elections.
Mayor may post- Sec. 9. And be U further eiiacted, That in order to carry
tion! "^"^^ ^'^*^' ^^^^^ law into effect at the next municipal election, if
need be, the mayor of Mobile shall by proclamation
postpone such election till a day to be named by him,
as early as practicable, when said registry shall have
been completed, and returned ten days- before such pro-
posed election.
Approved, December 5, 1861.
No. 225.] AN ACT
To suspend in part an act, entitled an act the more ef-
fectually to secure rents in the city of Mobile, ap-
proved 30th January, 1840.
Sec. 1. Be it enacted hy 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 more effectually to secure the collection of rents
in the city of Mobile, approved January 30th, 1840,
be and the same is hereby suspended, so far as to
exempt from seizure and sale as much household and
kitchen furniture, as is now exempt from levy and sale
by the general law of the State.
Approved, December 7, 1861.
* 219 1861.
No. 226.] AN" ACT
To amend an act regulating the time for holding court
in Mobile, to hear and determine cases in admiralt3\
Section 1. He it enacted by the Senate and House of
Ile2)resentatives of the State of Alabama in General Assembly
convened, That the fourth section of an act, entitled an
act to repeal an act therein named, regulating the circuit
and city courts of Mobile count}-, approved February 5th,
1858, be so amended as to read, that the first Monday
in each month shall be return days for complaints filed
in the city court, under section 2693 of the Code, in
cases of admiralty, and the third Monday in each month
shall be return days for like complaints filed in the
circuit court of Mobile county, and the judges of said
courts respectively, shall hold court on such days for
the hearing and adjuvlication thereof, and may adjourn
from day to day, if necessar3\
Approved, November 9, 1861.
No. 227.] AN ACT
To reduce and define the fees of notaries public, for the
protest of notes, bills of exchange, or other paper,
in the city of Mobile.
Sec. 1. Be it enacted by the Senate and House of Bej)-
resentatives of the State of Alabama in General Assembly
convened, That from and after the first day of December,
1861, the fees for protesting notes, bills of exchange, or *'*"'*•
any other description of paper in the city of Mobile,
shall be fifty (50) cents, where there is but one endorser,
and seventy-five (75) cents, when there is more than, one
endorser.
Sec. 2. Be it further enacted, That all laws or parts Repealing clause
of laws contravening the provisions of this act, be and
the same are hereby repealed.
Approved, November 9, 1861.
1861. 220
Ko. 228.] AN ACT
To compensate the inspectors, clerks, and returning
officers of general elections held in and for the coun-
ty of Mobile.
Sec. 1. Be it enacted by the Senate mid House of Bep-
resentatives of the State of Alabani,a in General Assembly
convened, That the court of revenue commissioners of
Mobile county, are hereby authorized and empowered to
Inspectors, ci'ks, appropriate out of the county funds of- said county,
pensatei^ *^°'"' sucli sum as they may think proper, just, and expedient
to compensate the inspectors, clerks and returning offi-
cers for their services in attending to and conducting
general elections in said count}^, held by authority of law.
Apply to August Sec. 2. Be it further enacted, That the provisions of
election, 18G1. of the first scctiou of thls act apply to the general elec-
tion held in August, 1861, and said commissioners are
hereby empowered to make an appropriation according-
Proviso. ly: Provided, That not more than five dollars per day.
be allowed to any one inspector or officer at precincts
within the city limits, at Whistler and Bayou Labatree,
and not more three dollars per day to each inspector
or officer at the other precincts in the county.
Approved, November 9, 1861.
Ko. 229.] AN" ACT
To authorize the commissioners' court of Monroe coun-
ty to divide the county into four commissioners
districts.
Section 1. Be it enacted hy the Senate and House of
Bepresentatives of the State of Alabama in General Assembty
convened, That the commissioners' court of Monroe coun-
ij, shall have full power to divide the county of Monroe
into four districts, each district to be represented by
one commissioner, and the whole to be elected by the
county at large.
Sec. 2. And be it further enacted, That all laws and
parts ot laws contravening the above, are hereby re-
pealed.
Approved, November 8, 1861.
221 1861.
Ho, 230.] ' AN ACT
Providing adequate compensation for the county com-
missioners of xVIontgomery county.
Sec. 1. Be if. enacted hy the Senate aiid House of Hep-
resentatives of the State of Alabama in General Assembly
convened, That from and after the passage of this act,
the members composing tlie court of county commis-
sioners for Mouts-oraery county, shall receive as com- Three dollars per
.. r. .1 • • A 1 11 1 r (lay and five ct»,
pensation for their services three dollars per day tor jar miie,
each day's service, and five cents per mile traveled in
going to and returning from court, to be taxed and paid
as now provided by law.
Approved, November 11, 1861.
Kg. 231.] AN ACT
To authori?:e James Porter to erect a gate, &c.
Sec. 1. Be it enacted hy the Senate and House of Rep-
resentatives of the State of Alabama in Oeneral Assembly
convened, That from and after the passage of this act,
James Porter be, and he is hereby authorized, to erect
a gate across the road leading from the city of Mont-
gomeiy to Robinson's Springs, in the county of Autau-
ga, all laws and parts of laws to the contrary notwith-
standing: Provided, That the said gate be erected on
the boundary line between the lauds of the said Porter
and Boiling Hall.
Approved, December 3, 1861.
No. 232.] AN ACT
Requiring retailers to pay the same license that is paid
iu the city of Montgomery.
Sec. 1. Be it enacted hy the Senate and House of Rep-
resentatives of the State of Alahama in General Assembly
convened, That hereafter the probate judge of Mont-
gomery county, shall not issue a license to any person
1861. 222
Retailed within ^^' pei'sotis to retail vinous, spirituous or malt liquors,
three miles of the within three miles of the corporate limits of the city of
citv to pay same -.«-. ,m i •'• ini
»8 within th^ city Montgomery, until such person or persons shall have
paid unto the said probate judge for such license, the
same sum of money which retailers in the said city of
Montgomery are now or may hereafter be required by
the city authorities to pay for the privileges of retailing
within said city in addition to the State tax.
ipenaity for vio- ®^^- ^* ^^ ^^ further cuacted, That any person or per-
iation. sons who shall retail vinous, spirituous or malt liquors,
without first having obtained the licen'se as provided
for in the first section of this act, shall on conviction,
be fined in a sum not less than five hundred dol-
lars, ($500.)
Penalty for said Sec. 3. Be it further enacted, That any person or per-
openonsundayf^o'^S' ^^^cr haviug obtained the license as provided for
in the first section of this act, who shall keep open his,
her, or their place of retailing on Sunday, shall be in-
dicted therefor in the circuit court of Montgomery
• county, and shall on conviction be fined not less than
one hundred dollars.
Penalty for sell- Sec. 4. Be it further enacted^ That any person or per-
iug on Sunday, gong^ liccused as provided for in the first section of this
act, who shall on Sunday sell to any person or persons
any spirituous or vinous liquors, shall on conviction be
fined not* less than one hundred dollars.
Solicitor's fees ^^^' ^' ^^ ^^ further enacted, That the solicitor's fee
under this act. ou all couvictious uudcr the sBcoud and third sections
of this act, shall be thirty dollars, and all convictions
under the fourth section, shall be twenty-five dollars,
and a conviction under one section, shall be no bar to
a conviction under the other.
Approved, December 8, 1861.
Ko. 233.] AN ACT
To repeal "an act to change the manner of appointing
overseers and apportioners of roads, in the county of
Russell," approved January 8, 1858.
Section 1. Be it enacted hy the Senate and House of
Mepremntatives of the State of Alabama in General Assembl'y
convened, That an act, entitled " an act to change the
223 1881.
matiner of appointing overseers and apportioners of
roads, in the county of Russell," approved January 18,
1858, be and the same is hereby repealed.
Approved, November 29, 1861.
iN'o. 284.] AN ACT
To allow appeals to the county superintendent of free
public schools, in the county of Russell.
Sec. 1. Be it enacted hy the Senate and House of Rep-
resentativcs of the State of Alabama in General Assembly
convened, That hereafter in the county of Russell, any j^j ^^ aT»pcai,
person dissatisfied with the action of the trustees of free
public schools, in the township in which he may reside,
in locating and establishing schools, shall have the right
to appeal annually from the same to the county super*
intendcnt.
Sec. 2. Be it further enacted. That any person desiring now to proceed,
so to appeal, shall within two months from the time of
the establishment of such free public school or schools
in his township, file with the county superintendent a
written notice of the same, setting forth the ground ^
and cause of such appeal, and the county superinten-
dent as aforesaid, shall thereupon fix a day not more.^^,^, , , ,„
' 1 1 r 1 • 1 I^U'y "^ county
than ten nor less than twenty days thereirom, at which euperititendent.
he shall proceed to hear and determine the same accord-
ing to the fixirest, most impartial and best interest of
all the inhabitants of said township. The decision of
said superintendent as aforesaid, shall be' final and con-
clusive for the year in which it may be made.
Sec. 3. Be it further enacted, That before the county ca,ij of notice to
superintendent as aforesaid, shall proceed to hear and ^'^ semd.
determine said appeal or appeals, he shall in all cases
require the person appealing to serve a copy of the no-
tice set forth in the second section of this act, on a
majority of the trustees of the township whence the
appeal arose, at least five days beforehand.
Sec. ^. Be it further enacted. That the provisions of A«t g»n«r»i.
this act sliall apply to all the counties of this State.
Approved, December 0, 1861.
1861. 224
«
No. 235.] AN ACT
Exempting apportiouers and overseers of roads, iu
Shelby county, from road duty.
Sectio?5" 1. Be it enacted by the Senate and House of Rep-
resentatives of the State of Alabama in General Assembly
convened, That apportiouers and overseers of roads, in
the county of shelby, who have held their office for two
years consecutively, shall be entitled to a certificate of
exemption from road duty for the next two years after
such time is served out, any act to the contrary notwith-
standing.
Approred, November 11, 1861.
No. 236.] AN ACT
To compensate returning officers of tlie general elec^
tions, in the county of Shelby.
Sec. 1. Be it enacted by the Senate and Souse of JRep'
resentaiives of the State of Alabama in General Assembly
convened, That from and after the passage of this act,
the returning officers of general elections, in the county
of Shelby, shall be allowed one dollar and fifty cents
per day for making such returns, and five cents per
mile traveling to and from the court house of said
county, to be paid out of any money in tbe county
treasury, not otherwise appropriated.
Approved, November 11, 1861.
No. 237.] AN ACT
To amend section 499 of the Code of Alabama, so far
as the county of Sumter is concerned.
Sec. 1. Be it enacted by the Senate and House of Rep-
resentatiues of the State of Alabama in General Assembly
convened, That instead of the compensation now allow-
ed by section 499 of the Code, or by any other law, to
the members of the court of county commissioners of
225 1861.
Sumter county, each member of said court of countv r.- ^ „
commissioners or said county, shall be entitled to receive ^-^y and five ct?
five dollars for each day's service at the regular and ''"""'*''
special terms of said court, and mileage at the rate of
five cents per mile on the nearest public road going to
and returning from each term of said court, to be paid
as prescribed by said section 490.
Approved, ^November 11, 1861.
No. 238.] AN ACT
To authorize Mrs. Lucy Little, of Sumter county, to
erect gates across a certain public road.
Sec. 1. i?c it cnaoicd by the Senate and House of Rep-
resentaiwes of the State of Alabama in General Assembly
convened, That Mrs. Lucy Little, of Sumter county, be,
and she is hereby authorized to erect and keep one or
more gates across the public road leading from Warsaw
in said county, to Coopersville in Mississippi, where the
sapie passes upon and across her land : Provided, that
she shall keep the same at all times in good order and
repair, so as to be easily opened by the public.
Approved, December 10, 186 L
No. 239.] AN ACT
To repeal, in part, an Act for the preservation of game
in the counties of Sumter and Shelby.
Sec. 1. Be it enacted by the Senate and House of Bep-
resentatives of the State of Alabama in^General Assemhhj
convened, That so much of said act, as approved Feb-
ruary 8th, 1861, as relates to the county of Shelby, be,
and the same is hereby repealed.
Approved, November 6, 1861.
15
1861.
ITo. 240.]
226
AN ACT
Purposes.
To authorize the Commissioners' Court of Talladega
county to levy a special tax, for purposes therein
named.
Sec. 1. Be it enacted hy the Se'mie and House of Rep-
resentatives of the State of Alabama in General Assembly/
convened, That the commissioners' court of Talladega
To levy special couutj, be, and is hereby authorized to Icvy a spccial
tax for the purpose of relieving the central committee
of said county of any liabilities they may have incurred
in furnishing necessary outfit and equipments for vol-
unteers in the Confederate arm}^ from said county; for
providing for the wants of indigent families of such
volunteers, over and above the amount that has come
into the hands of M. H. Cruikshank, their secretary
and treasurer, out of the volunteer tax resolved to be
raised by a public meeting of the citizens of said county,
held in April, 1861.
Sec. 2. Be it farther enacted, That M. H. Cruikshank,
secretary and treasurer of said central committee, or
his successor in office, be required to make an exhibjt
of his receipts and- disbursements as such secretary and
treasurer, to the commissioners' court of said county,
in order that said commissioners' court may ascertain
what still remains due from said committee, not pro-
vided tor by any means in his hands as such treasurer:
Provided, that no persons engaged in the actual mili-
tary service of this State, or of the Confederate States,
shall be liable to pay any tax levied under the provis-
ions of this act.
Approved, November 20, 1861.
Exhibit to be
Proviso.
No. 241.]
AN ACT
To amend an Act to authorize Dennis Springer to con-
struct a turnpike across Sipsie river, approved Feb-
ruary 21, 1860.
Sec. 1. Be it enacted hy the Senate and House of Rep-
resentatives of the State of Alabama in General Assembly
convened. That section 5 of the above recited act be
227 *. •'..Mtef; 1861.
amended by striking out all after the enacting clause,
and insert the following words, " That this act shall be
in force for fifty years only, unless extended or re-
newed" by the proper authority.
Approved, November 29, 1861.
Kg. 242.] AN ACT
The better to secure the payment of the fees of the
Clerk of the Circuit Court of Walker county in State
cases.
Sec. 1. Be it enacted hy the Senate and House of Rep-
resentatives of the State of Alabama in General Assembly
convened, That in all State cases which may be tried in
the circuit court of Walker county, if the defendant i'?s'^'»'^<'»^\''.
1111 • 1 1 r- T • 1 ^ n -x '^nere convK'tiOB
shall be convicted and found insolvent, the fees and is iia.i, a-es ami
costs of the clerk of said court shall be paid by thebrcountyfreasu-
county treasurer out of the fine and forfeiture fund of '■'^'■•
said county, if there be a balance sufficient for that pur-
pose, upon the certificate of the clerk, setting forth the
amount of his said fees and costs in each case, and the
insolvency of the defendant; but before the clerk shall
certify the insolvency of the defendant, an execution
must have beefi issued and returned by the proper offi-
cer, no property found.
Sec. 2. Be it further enacted, That if at any time after ^o be refunded
the said fees and costs shall be paid to the said clerk as ^^^ j.^"^™|> "^^^^
herein provided, the defendant shall pay 'the same, or
any part thereof, it shall be the dut}'- of the clerk or
sheriff collecting the same, to pay it over to the county
treasurer, who shall place it to the fine and forfeiture
fund of said county.
Approved, December 9, 1861.
No. 243.] AN ACT
To exempt Ministers of the Gospel from road duty in
the county of Walker.
Sbc. 1. Be it enacted by the Senate and House of Bcpre-
1861. 228
sentatiiies of the State of Alabama in General Assembly
convened, That from and after the passage of this act,
ministers of the i^-ospel shall be and are hereby exempt
from road duty in the county of Walker, any law to the
contrary notwithstanding.
Approved, December 5,- 1861.
No. 244.]
AN ACT
ProTiso.
To authorize the Commissioners' Court of Walker
county to allow and pay off certain claims against
said county.
Sec. 1. Be it enacted hy the Senate and House of Rep-
resentatives of the State of Alabama in General Assembly
convened, That the court of county commissioners, to-
gether with the probate judge of Walker coiintj^, is
hereby authorized to allow and pay off any and all
county claims now outstanding that have been barred
by non-compliance with the provisions of an act, requir-
ing the presentation of claims against Walker county,
approved, February 6,1858: Prow'c^ecZ, claims herein
provided for, shall be presented to said court within six
months from the passage of this act; otherwise they
shall be forever barred ; any law, usage or custom to
the contrary notwithstanding.
Approved, December 9, 1861.
Klection to be
held in certain
contingency.
No. 245.1
AN ACT
To authorize the legal voters of Walker county to elect
the Assessor and Tax Collector, when vacancy occurs
in said county.
Sec. 1. Be it enacted by the Senate and House of Repre-
seniatives of the State of Alabama in General Assembly
convened, That hereafter when a vacancy shall occur in
the office of tax-assessor and collector in Walker county,
either by death or resignation, or otherwise, it shall be
the duty of the sheriff of said county, immediately on
receiving notice of such vacancy, to advertise an elec-
229 1861.
tion by putting up written notices at each precinct in
said pounty, giving at least twenty days notice of said
election; and all the qualified voters in said county
shall be entitled to vote in said election.
Sec 2 And he it further enacted, That all laws, and nepeaiingcu.
parts of laws, contravening the provisions of this act,
be, and the same are hereby repealed.
Approved, December 10, 1861.
No. 246.] AN ACT
To amend Section 1056 of the Code, so flir as Walker
county is concerned.
Section 1. Be it enacted hj the Senate and House of
Hejjresentatives of the State of Alabama in General Assemhlu
convened. That section 1056 of the Code of Alabama, so
far as Walker county is concerned, be so amended as
to require of the person proposing to take out a license
for the retail of spirituous liquors in said county, to
obtain the recommendation therein required from a
majority of the tax-payers in the town or precinct where
It IS proposed to do such retail business, instead of the
number required by said section.
Approved, December 10, 1861.
No. 247.] AN ACT
To authorize the Judge of the Probate Court of Wilcox
county to make advertisements in a paper published
in an adjoining county.
Sec. 1. Be it enacted bij the Senate and House of Rep-
resentatives of the State of Alabama in General Assembli/
convened, That from and after the passage of this act,
It shall be lawful for the probate judge of Wilcox
county, when there is no newspaper [iublished in said
county, to advertise all notices pertaining to, or grow-
ing out of the business in said probate "court, in any
newspaper published in an adjoining county, having
1861. 230
the largest circulation in Wilcox county, without re-
gard to distance.
Approved, November 27, 1861.
No. 248.] AN ACT
To divide the County of Winston into four Commis-
sioners' Districts.
Section 1. Be it ejuicted by the Senate and House of Rep-
resentatives of the State of Alabama in General Assembly
convened, That as soon as practicable, after the first
Monday in January next, the commissioners' court of
Winston county shall divide said county into four com-
missioners' districts, as nearly equal as may be in point
of population; and at the regular elections for mem-
bers of the court of county commissioners, the voters
in each of said districts shall vote for a commissioner
residing within their said respective districts, and none
other; and in the event of a vacancy in any one or
more of said districts, the same shall be filled by the
votes of the, qualified electors of said district, or dis-
tricts, in which said vacancy occurs.
Sec. 8. And he it further enacted, That all laws and
parts of laws contravening the provisions of this act,
be, and the same are hereby repealed.
Approved, November 9, 1861.
No. 249.] AN ACT
To provide compensation to Col. J. W. Echols for ser-
vices rendered in purchasing stores and provisions
for the troops of the State.
Sec. 1. Be it enacted by the Senate and House of Rep-
reseniatives of the State of Alabama in General Assembly
convened, That the Governor be, and he is hereby au-
«22oo tobeai- thorizcd to cause to be allowed to Col. J. W. Echols,
out of any money in the treasury not otherwise appro-
priated, the sum of twenty-two hundred dollars, in full
for all services rendered by him, as the agent of the
231 1861.
State, in the purchase of provisions and stores for the
troops of the State, under an appointment l)y the Gov-
ernor, exclusive of the actual expenses incurred and
paid by said agent: Provided., hoivever, that if the said Proviso.
CoL J. W. Echols is indebted to the State, or has money
in his hands justl}^ due the State, to an amount equal
to the said sum of twentj^-two hundred dollars, or
greater, the said sum hereb}- directed to be allowed,
shall not be paid, but shall be allowed to him as a set-off.
Approved, December 9, 1861.
No. 250.] , AN ACT
For the relief of sick soldiers from Alabama in the
army of the Potomac.
SECTiojf 1 . J3e it enacted by the Senate and House of B,epre-
sentatives of the State of Alabama in General Assendd;/
convened, That the Governor of this State be, and he is
hereb)'' authorized to establish at, or in the neighbor- Medical depot to
hood of Manassas Junction, in the State of Virginia, '^'^'=*'"'^»«'"='i-
to be changed in location, within his discretion, a med-
ical depot, to which all medicines and all supplies per-
taining to the medical necessities of the army, intended
for the benefit of the yick soldiers in the various regi- ^"'■•'"*^'-
ments from this State, sent hy individuals, associations,
or the State government, or otherwise, shall be sent, or
carried, to be thence distributed to the various regi-
ments, companies, or individuals to whom they may
be scut or addressed, or for whom they may be intended,
upon the requisition of the surgeons of regiments, or
hospital stewards.
Sec. 2. Be it further enacted, That the Governor be, Governor to ap.
and is hereby authorized and required, forthwith to ap- 1'"'"^ *" *K«nt.
point an efficient and skillful medical man, a citizen of
Alabama, to be agent for the State, in the management
and control of said depot, whose duty it shall be to
reside at Manassas Junction aforesaid, or in the neigh- "'»''"''*'•
borhood thereof, to receive said supplies into said de-
pot, take proper care of them, and distribute them
faithfully and impartially', accorciing to the directions
he shall receive concerning them, a| well as at tho
earliest moment possible, after their reception.
1861. 232
„ , ^ , Skc.S. Beit ftirthei^ enacted, Thsit the agent ehsiWhsive
Rank and pay of , , •, "^ . . i ,• • • .-i j
the agent. tliG rank, and receive tlie pay ot major in the army, and
that he be paid monthly, on warrant of the Comptroller
issued by the Governor's direction, out of any moneys
not otherwise appropriated remaining in the treasury.
Approved, December 9, 1861.
Conditions ne-
No. 251.] AN ACT
For the relief of certain volunteers.
Section 1. He it enacted hy the Senate and House of
JRipresentatives of the State of Alabama in General Assembly
coiwened, That if, on the trial of any person for a crimi-
ceMary.""" "^ nal offcuce Committed in this State before the approval
of this act, or when the case is called for trial, it shall
be made to appear to the court or jury trying the case,
that the accused was a man of good character before
the commission of the offence, that he has served as a
volunteer in the army of the Confederate States, and
that he has a certificate from his commanding officer to
the eftect that he has been a faithful soldier, or that he
has been honorably discharged trom service, it shall be
the duty of the court or jury trying the case, to consider
Duty of the court ^-^qq^ focts in counectiou with the main facts of the case,
and either to mitigate the fine or other punishment
provided for in the case, or acquit and discharge the
accused altogether, any law to the contrary notwith-
^aiTbrentoed. standing; and if the accused be only charged with an
assault, assault and batter}', or affray, or with gaming,
or carrying concealed weapons, the court or solicitor
shall enter a nol. pros.
Approved, December 7, 1861.
No. 252.] AN ACT
For the benefit of the Soldiers' Home in the city of
• Montgomery, and for other purposes.
Sec. 1. Be it macted^ the Senate and House of Repre-
sentatives of th^State of Alabama in General Assem hi
233 1861.
convened^ That the sum often thousand dollars be, and Ten thousand
the same is hereby appropriated for the benefit of the <i;>iinr8for "soi-
Soldiers' Home of the city of Montgomery, a place al- '"* °™*"
ready established for the purpose of receiving the sick
or wounded soldiers in the service of the State or Con-
federate States, and where they may be properly cared
for.
Sec. 2. Be it further enacted^ That the said sum of ten under control or
thousand dollars be placed under the control of the "'*^ ^°'"""^
Governor, who is hereby authorized to pa}' over the
same, or any part thereof, from time to time, as he may
deem best, out of any moneys in the treasury not other-
wise appropriated, to the proper officer of said "Soldier's "°'' '*''"' ""'''•
Home," and said officer shall furnish to the Governor
the vouchers for all amounts expended under this act.
Sec. 3. Be it farther enacted, That the sum of five
thousand dollars be, and the same is hereby appropri- ,u,M*arsfortife
ated to aid the Ilumane Ladies' Association at Hunts- ','"T?1''' ]f'
•11- 'l^'i •• • -T n 1 ""^'^ Associa-
ville, in aid of said association in providing for and i'""" at Hunts-
taking care of sick and wounded soldiers, now under ^'/"
the care, and hereafter to be taken in care of said asso-
ciation ; and that said sum of five thousand dollars be
placed under the control of the Governor, who is hereby Under control of
authorized to pay over the same, or any part thereof,
from time to time, as he may deem best, to the proper
officer of the Humane Ladies' Association at Hunts- „ . ^ ..^
•11 -I • 1 11 1 1 1 /> • 1 /i> I' • 1 now to be paid.
villc; and it shall be the duty of said officer to furnish
the Governor vouchers for all sums expended under
this act.
Approved, November 28, 1861.
No. 253.] AN ACT
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 Bep-
resentatives of. the State of Alabama in General Assemhlt/
convened, That the sum of twenty thousand dollars be, priait"!'/'''"''^'
and the same is hereby appropriated, for the benefit of
the Military Aid Society of Mobile, a society already
established for the purpose of receiving the sick and
wounded soldiers in the service of the State and of tho
1861. 234
Coufederate States, and where they may be properly
cared for.
Under control of Sec. 2. Be it fuvtlwr Guacted, That the said sum of
the Governor. ^^^^^^^ thoiisaiul dollars be placed under the control of
the Governor of the State, who is hereby authorized to
pay over the same, or any part thereof, from time to
time, as he may deem best, out of any moneys in the
treasury not otherwise appropriated, to the proper offi-
cer of said Military Aid Society of Mobile ; and such
officer shall furnish to the Governor the vouchers for all
amounts expended under this act.
Approved, JSTovember 30, 1861.
No. 254.] XE ACT
For the relief of the 1st Alabama cavalry regiment.
Sec. 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of Alabama in General Assembly
««...A, ,. convened. That the State of Alabama hereby loans for
$20,000 loaned to ,, , ^ . , ^ i t tt /-~ii i r^ i
the Colonel for thc term ot SIX mouths to Col. James H. Clauton, Col.
SIX months. ^^ ^^^^ ^gt Alabama cavalry regiment of this State, the
sum of twenty thousand dollars, upon such conditions
and security as the Governor of the State may require,
for the purpose of buying winter clothing for the said
regiment.
When bond giv- Sec. 2. Bc it further enacted, TlKit upon the said Col.
paid!°"*^^ *° '"' James H. Clan ton, Col. as aforesaid, giving the security
contemplated by the first section of this act, the Comp-
troller of Public Accounts shall draw his warrant on
the State Treasurer for the sum of twenty thousand
dollars in favor of the said James H. Clan ton, for the
benefit of the regiment as aforesaid, to be paid out of
any money in the treasury not otherwise appropriated.
Without interest o -i i j. i •!_' . • , , r • .11
baid loan to be witnout interest for six months only.
Approved, December 7, 1861.
235 1861.
No! 255.] AN ACT .
To amend an act for the relief of the 1st Cavalry
Regiment.
Whereas, there is a deficiency of means now in the
treasury to meet all the appropriations made at the
extra and present sessions of the General Assembly;
and whereas, the said deficiency has been caused by acts
making appropriations, approved since the 8th day of
November, 1861, all of which will not be immediately
called for: Therefore,
Be it enacted by the Senate and House of jRcjyrcscnia-
iives of the State of Alabama in General Assembly con-
vened, That an act, entitled "an act for the relief of
the 1st cavalry regiment," approved December 7, 1861, Appropriation to
be and the same is hereby so amended as to take prece- take precedence,
dence over all acts making appropriations, approved
since the said 8th da}^ of Xovcmber, 1861, and that the
comptroller's warrant for the loan of twenty thousand
dollars, proposed to be made thereon, shall be paid by
the treasurer, out of any moneys in the treasury not
otherwise appropriated, on the said 8th day of Novem-
ber, 1861, anything in the acts making appropriations,
approved si nee that day, to the contrary notwithstanding.
Approved, December 9, 1861.
No. 256.] AN i^CT
For the relief of executors, administrators, trustees, and
guardians.
'<^.t
Sec. 1. Be if 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, it May hire out the
11111 ri/- !•• 1 ."lares or rent
shall be lawful for executors, administrators and guar- lanjs. ,
dians, to hire out any slaves or to rent any lands belong-
ing to the estates or wards they may represent, for cot-
ton or other produce ; such hiring or renting, to be
conducted cither publicly or privately, as the proper how eon.iueted.
court of probate may direct^ so as to secure the best
interests of such estates or wards.
Sec. 2. Be it further enacted^ That no executor, ad-
1861.
236
No liability.
ministrator, trustee, or guardian, shall be liable in any-
way for not selling, or for not appl3'ing for an order to
sell, any property of an estate, or trust property com-
mitted to him, before the ratification of a treaty of
peace between the Confederate States and the United
States, unless the persons interested in the estate or
trust property are adults and request a sale.
Approved, December 9, 1861.
No. 257.]
AN ACT
For the relief of N. "W. Riddle, administrator of Z. 0.
Riddle.
Preamble.
Administration
transferred .
Duty of Judge of
Probate of Mo-
bUe.
What necessary
prior to Judge of
Probate of Ma-
rengo taking ju-
risdiction.
"Whereas, Z. 0. Riddle died in Mobile county, in this
State; and whereas, letters of administration were
granted upon his estate by the probate court of Mobile
county to N. W. Riddle, who resides in Marengo coun-
ty, in this State ; and whereas, further, a portion of the
estate of said Z. 0. Riddle is in the said count}^ of Ma-
rengo, and the widow and children of said Z. O. Riddle
are now residing iii said county of Marengo :
Section 1. Be it enacted hy the Senate and House of
Bepresentatives of the State of Alabama in General Asseynbly
convened^ That the administration and settlement of the*
estate of said Z. 0. Riddle be transferred and removed
from the probate court of said Mobile county to the
probate court of Marengo county, and to this end, that
the judge of the probate court of Mobile county,
upon the application of the said N. W. Riddle and the
payment of all fees due him from said administrator,
make out and certify to the probate court of Marengo
county, a full and complete transcript of the adminis-
tration bond of said administrator, and of all the orders,
returns and decrees, that have been made in relation to
the said estate, as they appear among the files, or on
the records of said probate court of Mobile county,
which transcript shall be paid for by the said N. W.
Riddle.
Sec. 7. Be it further enacted, That upon the filing of
said transcript in the probate court of said Marengo
county, and the filing of the written consent of the
securities of the said N. W. Riddle on his bond as ad-
237 1801.
miniatrator in said court, the cause shall be docketed
in the said probate court of Marengo county, and the
said court shall become invested with as full and com-
plete jurisdiction over the said estate, as if letters of
administration had been originally granted hy the said
probate court ; and the said probate court ot Marengo
county, shall make all orders, settlements, and decrees,
and issue all process and execute all the provisions of
the law, in the same manner and to the same extent
and gftbct, as if said court had had original jurisdiction
of said estate.
Approved, November 6, 1861.
No. 258.] AN ACT
For the relief of the administrator of the estate of
James B. Sherrod, deceased.,
*» Sec. 1. Be it enacted hy the Senate and Mouse of Rep-
resentatives of the Hate of Alabama in General Assembly
convened^ That authority be and is hereby given to the
court of probate of Pickens county, to grant an order slaves in Misiia-
to M. L. Stansel, as administrator of the estate of *'''^''
James B. Sherrod, deceased, late of said county, to em-
ploy and work any of the slaves of said estate upon the
farm of said deceased, lying in the county of Noxubee,
in the State of Mississippi, and to continue any of said
slaves upon said farm, upon satisfactory proof made to
said court that the same is to the interest of said estate.
Approved, December 7, 1861.
Nd.259.] an act
For the relief of Oliver H. Prince, as executor of the
last will and testament of Edmund Prince, deceased.
"Whereas, Edmund Prince, late of the county of Tus- preamble,
kaloosa, deceased, by his last will and testament, di-
rected Oliver 11. Prince, as the executor of his i'aid last
will, to sell his plantation in the county of Marengo at
the end of the year, 18G1 j and whereas, a sale of said
1861. 238
plantation at said time, cannot be effected without
manifest prejudice to the interests of the devisees of
said testator, many of whom are infants : Therefore,
Be it enacted hy the Senate and House of Representatives
Not liable for not ^^ '^^^'^ '^'^'^^^ of Alabama in General Assembhj convened,
oeiung. That the said Oliver II. Prince shall not be liable to
the devisees and heirs at law of the said Edmund Prince
in any manner, or to any other person for not selling
said plantation at the time provided for in said last will
and testament.
Approved, Is^ovember 27, 1861.
Ko. 260.] AN ACT
For the relief of E. A. Moody and others.
Section 1. Be it enaeted hy the Senate and Hoxise of
Mejyresentatives of the State of Alahama in General Assembly
convened, That it shall be lawful for the probate court
of Choctaw county, in this State, on proof that it is for
the interest of the legatees of the estate of Martin
Jiloody, to grant an order to R. A, Moody, the adminis-
trator with the will annexed of said Martin Moody, to
divide the property of said estate among the legatees
thereof, as nearl}' as may be in accordance with the will
of said Martin Moody in such manner as shall be most
conducive to the interest of the legatees, and especially
to the interest of such of them as shall be minors,
whether all of the said legatees shall have arrived at
the age of twenty-one years or not.
Approved, December 7, 1861.
No. 261.1 AK ACT
For the relief of the minor heirs of LeGrand Parker
deceased.
Section 1. Be it enacted by the Senate and House of
Bepresentatives of the State of Alabama in General Assem-
bly convened, That the guardian in Louisiana of the
minor heirs of LeGrand Parker, deceased, be and he is
239 1861.
hereby authorized to remove the property of his said
wards in this State to the State of Louisiana, where
said minors now reside, upon his application to the
judge of probate of j\[onroe county, and upon liis com-
pliance in all things with the provisions of section 2033
of the Code of Alabama.
Approved, December 9, 1861.
No. 262.] AN ACT
For the relief of Jesse AfeCoy, of the county of Cham-
bers.
Sec. 1. Be it enacted hy the Senate and Home of Repre-
sentatives of the State of Alabama in General Assembly
convened. That Jesse McCoy, a minor of the county of
Chambers, be and he is herebj' authorized to manage *i-iyn"»pagc w» ''
and transact all business connected with his estate, and"^" '"*"'^"'
that all contracts which he shall make after the
passage of this act, shall be as legal and as of fuTl effect
as though he were twenty-one years of age, and he is
hereby fully authorized to settle with the guardian of
his wife, and receive the property coming to hisi said
wife from her guardian as tully as though he were of
age.
Approved, December 7, 1861.
No. 2G3.] AN ACT
For the relief of John R. Moss.
Skc. 1. Jh it cnncted hy the Senate and Ifouse of MeprC'
eentat/rcs of the State of Alabama in General 'Assembly
convened^ That John ]{. Moss, of iMontgomcry county,
in said State, notwithstanding his minority, be and he
is hereby authorized to sue and be sued, contract and
be contracted with, to receive and take possession of
his estate, and if necessary, give receipts and acquit-
tances therefor, to purchase and convey real or pcr.Honal
estate, and to do all things as lully and to all intenta
1861. 240
and purposes as effectually as though he were twenty*
one years of age.
Approved, December 9, 1861.
Made free deal-
ers.
Ko. 284.] AN ACT
For the relief of Mrs. Martha L. Carter, of Montgomery,
and Mrs. Mary 0. Easters, of Pike county.
Sec. 1. Be it enacted hy the Senate and House of Bep-
resentatives 'f the State of Alabama in General Assembly
convened, That all the provisions of "an act for the
relief of Frederica Ludecus, and other persons therein
named," approved Feb. 8, 1861, be and are hereby ex-
tended and made applicable to Mrs. Martha L. Carter,
of Montgomery county, and Mary C. Easters, wife of
Minus B. Easters, of Pike county.
Approved, December 9, 1861.
265. AN ACT
For the relief of Cornelia J. Wyatt.
Sec 1. Be it enacted by the Senate and House of Bep'
resentatives of the State of Alabama in General Assembly
convened^ That Cornelia J. Wyatt, the wife of William
li. R. Wyatt, of Autauga county, be, and she is hereby
her^own^pfoper- authorizcd to excrcisc all the powers, and discharge all
*y- the duties that devolved upon her said husband as
trustee under the last will and testament of his mother,
Mrs. Ann S. R. Wyatt, in relation to the property given
by said will to the said Cornelia J. Wyatt and her
children.
Clothed with the Sec. ^. And -be it further enacted,. That the said Cor-
powers conferred nclia J. Wyatt be also authorized to exercise all the
bymarriagec^on- powers and discharge all the duties that had devolved
tract. upon her said husband as the trustee under the marriage
contract made between her and her said husband of the
date of the 7th day of April, 1843, in relation to the
property therebv settled upon her.
Sec. 3. And be it further enacted, That in the charac-
241 1861.
ter of trustee appointed as aforesaid, the said Cornelia ^^^^
J. Wyatt shall have the right and power to deal 2;ene- sueandbe swa.
rally with said trust property, and to make contracts in
relation thereto, and to sue and be sued on said contract
in her own name alone, as trustee aforesaid, as if she
were sole and unmarried.
Sec. 3. And be it further enacted, That the said Cor- Mav enforce the
nelia J. Wyatt shall have the authority to enforce all h!^'^;''„l''*^ ''"
contracts made by, or with her said husband as said
trustee, in relation to said trust property.»and its rents,
proceeds or profits by suit, in her own name alone, as
trustee as aforesaid, and successor of said William R.
R. Wyatt, in any court having jurisdiction of the sub-
ject matter, and all orders, judgments or decrees made
in any such suit, shall be as valid as if the proceed-
ings were in the name of said William R. R. Wyatt.
Approved, December 9, 1801.
No. 2GG.] AN ACT
Fev the relief of Pleasant A. Cumby, of Cherokee
county, and Isaac B. Cannon, of Butler county.
Section 1. Be it enacted by the Senate and House of
Representaticcs of the State of Alabama in General Assembly
convened, That Pleasant A. Cumby, of Cherokee county, Mar contract
and Isaac B. Cannon, of Butler county, be, an4 they are njaT'ag*-
each hereby released from all the liabilities and penal-
ties imposed by law on persons against whom divorces
have been granted, and arc each hereby authorized to
contract marriage.
Approved, December 10, 1861.
No. 267.] AN ACT
For the relief of Marion Lylcs, of Randolph county.
Sec. 1, Be it enacted by the Senate and House of Rep-
resentatives of the State of Alabama in General Assembly
convaicd^ That Marion Lvles, of Randolph county, be,
16
1861. 242
and he is hereby relieved from all disabilities imposed
by law on persons against whom a divorce has been
obtained.
Approved, November 22, 1861.
No. 268.] AN ACT
For'the relief of James R. Norris.
Sec. 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of Alabama in General Assembly
convened, That James R. Norris, of the county of Pike,
be, and he is hereby relieved from the disabilities im-
posed by law upon persons against whom a divorce has
been obtained.
Approved, November 22, 1861.
269.] AN ACT ■
For the relief of Georgia Ann Wood, late of Coving*
ton, but now of Choctaw county.
Sec. 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of Alabama in General Assembly
convened *'J!lh.Q.t Georgia Ann Wood, late of Covington
county, but now of ChoctaW county, be, and she is
hereby relieved from all the penalties and disabilities
imposed by law on persons against whom a divorce has
been granted.
Approved, December 9, 1861. .
No. 270.] AN ACT *
For the relief of William Nolen, Tax Assessor of Marion
County.
Sec. 1. Be it enacted by the Senate and House of Rep-
resentatives of the State of Alabama in General Assembly
'convened^ That the present tax-collector of Marion
%
243 1861.
county, be, and he is hereby authorized and required
to make certain payments to William Nolcn,. tax-asses-
sor of Marion county, for the years 1858 and 1850, in
accordance with the provisions of an act entitled " an act
to legalize and confirm certain payments by the tax-col-
lector to the tax-assessors of Marion county," approved
January 25th, 1860; and that the receipt of the said
"William Noleu shall be a sufficient voucher on a settle-
ment by the said tax-collector with the treasurer of said
county, any law to the contrary notwithstanding.
Approved, December 9, 1861.
Ko. 271.] AN" ACT
For the relief of the Tax Assessor of Pickens county.
Section 1. Be it enacted by the Senate and House of
Beprescntativcs of the State of Alabama in General Assembly
convened, That the commissioners' court for the county
of Pickens, be, and they are hereby authorized to allow
such compensation to the tax assessor for said county
for any services rendered by him in regard to the as-
sessment of the county taxes of said county for the 3'ear
1861, as said court may deem just and reasonable.
Approved, December 10, 1861.
No. 272.] AN ACT
For the relief of William Johnson, and other tax
collectors.
Sec. 1. Be it enacted by the Senate and House of Repre-
sentatives of the State of Alabama in General Assembly
convened. That in any case where suit has been com-
menced against any collector of State taxes in this
State for failing to pay the taxes for the fiscal year 1860-
61, and may be now pending, or in which Judgment
has been rendered, if such collector shall pay the taxes
for wliich he is properly accountable or legally liable,
into tlio State treasury, within sixty days from the pas-
sage of this act, and shall also pay the costs of any suit
1881. 244
so pending, or in whicli judgment has been ratidercdy
such tax collector shall be released from the pajnnent
of interest and damages prescribed by section 2632 of
the Code ; and if any tax collector rany have paid in-
terest on any taxes assessed for the past fiscal year, such
interest paid shall be refunded : Provided each, tax col-
lector claiming the benefit of this act, shall, before be-
ing entitled thereto, file with the Comptroller of Public
Accounts the written assent of his securities to the delay
allowed by this act; and, provided further, no suit
pending against any such tax collector shall be discon-
tinued until the provisions of this act are fully complied
with. •
Approved, December 7, 1861.
No. 2T8.] „ AK ACT
For the relief of Thomas B. Bowling, tax collector for
the county of Washington.
Sec. 1. JBe it enacted hij the Senate and House of Eepre-
seniatives of the State of Alabama in General Assembly
convened,, That Thomas B. Bowling, tax collector of
Washington county, shall have until the first day of
March, 1862, to make final settlement of his accounts
as such tax collector, with the Comptroller of Public
Accounts: Provided, that he shall first obtain the writ-
ten consent of the securities on his ofiicial bond for-
such extension, and file the same in the ofiice of the
Comptroller of Public Accounts before this act shall
take eflec't.
Approved, November 27, 1861.
No. 274.] AN ACT
To refund to Andrew J. Crawford, tax collector of
Marengo county, a certain amount of money paid
into the State Treasury by mistake.
Sec; 1. Be it 'enacted hij the Senate and House of Rei^re'
sentativcs of the State of Alabama in General Aseemhlij
245 1861.
convened, That the Comptroller of Public Accounts be
authorized to issue his warrant on the State Treasurer
in favor of Andrew J. Crawford, tax collector of Ma- loi 25 appropri-
reng-o county, for the sum of ninety-one dollars and pL>TO°ni?**^''
twcntj'-five cents, being amount paid by him into the '
treasur}-, in excess of the taxes assessed against R. R.
Pickering, in the year 18G0, and paid into the State
treasury, without having been collected by the collector,
to be paid out of any money in the treasury, not other-
w-ise appropriated.
Approved, IS^ovember 8, 1861.
jSTo. 275.] AN ACT
For the relief of David Deshler.
Sec. 1. Be it enacted b>/ the Senate and,Iiousc of Repre-
sentatives of the State of Alo.bama in General Assembhj
convened. That the sum of eighty-nine dollars be, and $S9 appropriated
the same is hereby appropriated to reimburse David o^stltTtareT
Deshler, of Franklin county, the said Deshler being
overcharged with that amount in his State tax for the
year 1860.
Sec, 2. Be it further enacted, That the Comptroller comptroller to
of Public Accounts is hereby required to draw his war- ^'■"^'''"^'^■•'■'■='"'
1 o m { t t for It.
rant on the btato ireasurer tor the above amount, out
of any money in the treasury not otherwise appro-
priated.
Approved. November 27, 1861.
No. 276. AN ACT
For the relief of James Alaherg, late Tax Collector of
Calhoun county.
Sec. 9. Be it enacted by the Senate and House of Bcpre-
sentativcs of the Stale of Alabama in General Assembhj
convened, That tUe Comptroller of Public Accounts be, »499 77appropri-
and he is hereby required to draw his warrant on the'*"' ''"■'^*™"8e«
State treasurer in favor of James Maherg, late tax col-
lector of Calhoun county, for the sum of four hundred
1861- . • 246
and ninety-nine dollars and seventy-seven cents, being
the amount of damages obtained against him on his of-
ficial bond as a defaulting tax collector of said county.
?ii5o 68 appro foi" the year 1859, paid by said tax collector and his se-
i.nated«or inter- curities, as defaulting to pay said tax according to law,
and the further sum of one hundred and fifty dollars
and sixty-eight cents interest that accrued thereon.
Approved, December 9, 1861.
I
No. 277.] AIs^ ACT
For the relief of B. F. Scale, of Choctaw county.
Section 1. Be it enacted by the Senate and House of
Representatives of the State of Alabama in General Assembly
convened, That the Comptroller be, and he is hereby
authorized and required to enter a release and full dis-
rSe certain charge ou the books of his office of the amount of taxes
taxes. charged against B. F. Scale, as tax collector of Choctaw
county, returned in a supplemental abstract of assess-
ment of lands in said county, for the year 1858, as as-
sessed against the Mobile and Ohio Bail Road Company,
and that he be released and discharged from the pay-
ment to the State treasury of the amount of said taxes.
$53 50 appropri- Sec. 2. Bc it further enacted, That the Comptroller
satitnlnd"!^*-"' ^^^'^^"^ ^ Warrant on the State treasury in favor of B. F.
penses. Scalc, for the sum ot fifty-five dollars and fifty cents, to
compensate him for services as tax collector of Choctaw
county, in 1858, and for expenses incurred by him in
the legal prosecution of the duties of his said office, in
advertising certain lands of the Mobile and Ohio Rail
Road Company, supposed to be subject to taxation, and
in defending a chancery suit in relation thereto.
Approved, December 9, 1861.
247 • 186L
No. 278.] AN ACT
For the relief of W. P. Spinks, late tax collector of
Choctaw county.
Whereas, W. P. Spiuks, tax collector, of Choctaw
count}' for the year 1860, bid off lands for the State,
under the„provisions of section 464 of the Code, to the
amount of five hundred and forty dollars and fifty-five
and one-half cents, (|540 55^,) but omitted to deliver a Prcanibie.
certificate of purchase to the comptroller at the time
required by said section, whereby he is accountable for
said sum on settlement with the comptroller, therefore,
for the relief of the said W. P. Spinks,
Section 1. Be it enacted by the Senate and House of
Representatkcs of the Slate of Alabama in General Asfienibhj
convened.^ That if the said W. P. Spinks will, within ten ^^j^,,;^ ^^ .j^^^
days from the date of the approval of this act, deliver to
the conjptroller of this State a certificate of the pur-
chase of the lands by the State, which were sold by him
as tax collector of said Choctaw county for the year
1860, showing the amount bid to be $540 55| or any
other sum, the comptroller shall receive such certificate
and the said W. P. Spinks shall be released from ac-xo be released,
counting for taxes due from him, as such tax collector
for said year, to the extent of the amount shown by the
certificate to have been bid for the lauds specified in
the certificate.
Approved, November 29, 1861.
No. 279.] AN ACT
For the relief of Levi F. Warren and others.
Sec. 1. Be it enacted by the Senate and House of Bep'
resentatives of the State of Alabama in General Assemhhj
convened, That the Comptroller of Public Accounts be, compiVoiionu
and he is hereby authorized and required to make a ""*^'^**"^*^*'°^
settlement with Levi F. Warren, William J. Thomp-
son, Alva Ashford and George W. Gray, securities for
William F. Rose, late tax collector for Lawrence coun-
ty, and in such settlement to allow said securities aMusiaiiow.
credit for all amounts due by insolvents on the assess-
1861. ' 248
ments of taxes in said county, as shall appear by the
certificate of the court of county commissioners for the
county of Lawrence; also to allow said securities a
credit for any amount erroneously collected from them
in any settlement made heretofore, or for any amount
erroneously rendered against them by any judgment on
the official bond of said collector, and collected of theni;
also a credit for all commissions on any amount paid in
by said securities as aforesaid, and not returned to them
Proviso. as provided by this act : Provided, The said comptroller
in such settlement shall deduct from the amounts so
allowed, such amount as may have been necessarily ex-
pended by the State in any suit against said tax col-
lector and his said securities; and on such settlement
the comptroller shall draw his warrant on the treasurer
in favor of such securities for such sum as may be found
justly due them.
Approved, December 9, 1861.
IS 0. 280.] AN ACT
For the relijaf of Willis Farriss, sheriff of Winston
county.
Sec. 1. Be it enacted hy the _ Senate and House of Rep-
resentatives of the State of Alabama in General Assembly
convened, That the Comptroller of Public Accounts be,
Comptroller to and he is hereby required, to draw his warrant upon
the State Treasurer in favor of Willis Farriss, sheriff of
Winston county, for the sum now allowed by law for
like services, for convejnng one Frederick F. Price to
the penitentiary, and who the warden or lessee refused
to take charge of, in consequence of some apparent in-
formality in the certificate of the clerk of the circuit
court of Winston county, directing the warden to take
charge of said convict.
Approved, November 27, 1861.
draw his warrant
The reason.
249 1861.
No. 281.] AN ACT
For the relief of George Field, sherift' of Greene county.
Sec. 1. Be it enacted hy 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 authorized, to draw his warrant on the ^^^ appropriated
State Treasurer in favor of George Field, sheriff of
Greene county, for the sum of eighty- four dollars to be
paid out of any moneys not otherwise appropriated, for
keeping State prisoners in the jail of said county during
the year of 1861.
Approved, December 10, 1861.
No. 282.] AN ACT
For the relief of Richard Hudson, slierift* of Jefferson
county.
• Section 1. Be it enacted by the Senate and House of
Representatives of the State of Alabama in General Assembly
convened, That tlie Comptroller of Public Accounts be,
aTul he is hereby authorized and required, to draw his
warrant on the treasurer in favor of Richard Hudson,
sheriff of Jefferson county, for the sum of forty-five '"'•'f"'"'"'"' *
dollars, to compensate him forgoing at the order of the
circuit court of Jefferson county, to Lebanon, in De-
Kalb county, after one Henry Ellis, who was confined^,
,, ••i/'^i ^ ,j . I'i c ■ The rwiflon.
m the jail or the latter county by virtue or a capias
issued from tlie circuit court of the said county of Jef-
ferson.
Approved, December 9, 1861.
No. 283.] AN ACT
For the relief of Washington BraketiekJ, jailor of
Chambers county.
Sec. 1. Be it enacted by the Senate and House of Rep^
resentaiives of the State of Alabama in General Assembly
1861.
250
convened, That the Conjptroller of Public Accounts be,
and he is hereby authorized and required, to draw his
warrant on the Treasurer of the State in favor of Wash-
$16 appropriated iugtou Brakeficld for'the sum of sixteen dollars, to pay
the guard summoned to guard William Holmes, remov-
ed from the jail of said county on account of his
health.
Approved, December 9, 1861.
No. 284.]
AN ACT
$296 80 appro-
priated.
Proviso.
For the relief of John P. Howard, jailor of Butler
county.
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 authorized and required, to draw his
warrant on the State Treasurer for the sura of two hun-
dred'and ninety-six dollars and eighty cents, in favor
of John P. Howard, jailor of Butler county: Provided,
That the said Howard, before he shall be entitled to draw
said sum, shall file in the office of the comptroller his
affidavit or other proof, that the persons fed by him
and set forth in his account are insolvent.
Approved, November 28, 1861.
%m 69 for 9
Love.
No. 285.]
AN ACT
For the relief of Fielding Love, jailor of Calhoun coun-
ty, and other person^ therein named.
Section 1. Be it enacted by the Senate and Souse of
Bepresentatives of the State of Alabama in General Assembly
convened, That the Comptroller of Public Accounts be,
and he is hereby required, to draw his warrant on the
State Treasurer in favor of Fielding Love, jailor of Cal-
houn county, for the sum of four hundred and ninety
dollars and sixty cents, due him for feeding prisoners
in said jail.
$T6 for J. Helton Also in favop of Jamcs Helton, of Henry county,
, 251 1861.
the sum of seventy-five dollars, for pursuing and arrest-
ing Williani Burnham, a fugitive from justice.
Also in favor of Thomas J. Coen, jailor of Pickens $393 so for t.j.
county, for the sum of three hundred and ninety-three ^°''"'
dollars and thirty cents, for feeding prisoners in the jail
of said county.
Also in favor of Andrew Lawson, sheriff of Tallade- J9t 95for An-
ga county, for the sum of ninety-seven dollars and ^'"'''' ^'^^'^
ninety-five cents, for bringing John W. Evans, a prison-
er, from Russell county to Talladega county for trial. •
Approved, December 9, 1861.
No. 286.] AN ACT
For the relief of W". B. Livingston, jailor of Perry
county.
Section 1. Be it enacted by the Senate and House of
Representatives of the State of Alabama in General Assembly
convened. That the Comptroller of Public Accounts be ^'M^ •*? "ppi^*-
• 1 • 1 T • I m £ 1 pnatcd.
auihonzed to draw his warrant on the Ireasurer or the
State in favor of W. B. Livingston, jailor of Perry
county, for the sum of four hundred and forty-two dol-
lars and forty cents, to be paid out of any money in the
treasurj' not otherwise appropriated. ^
Approved, November 29, 1861.
No. 287.] AN ACT
For the relief of William Owens, jailor of Kandolph
countyi
Whereas, William Owens, jailor of Randolph coun-PreamWo.
ty, has victualed William Anderson, an insolvent con-
vict, from the 6th day of March, 1861, to the 6th day
of September, 1861; and whereas, the fall term, 1861,
of the circuit court for said county has not been holden,
80 that the said William Owens could have his account
proven and certified to according to law:
Sec. 1. Be it therefore enacted by the Senate and, House
of Representatives of the State of Alabama in General
1861.
252
ated
AssemUy convened, That the sum Of seventy-three dol-
$T3 60 appropri- ]ars and sixty cents be allowed the said William Owens,
, to be paid out of any money in the treasury not other-
wise appropriated, and the Comptroller of Public Ac-
counts is hereby authorized to draw his warrant on the
treasurer for the above amount in tavor of the said
William Owens.
Approved, December 7, 1861.
$€01 80 appro-
priated..
No. 288.]
AN ACT
For the relief of A. Scogin, jailor of Dallas county.
Sec. 1. Be it enaciedbg the Senate end House of Repre-
sentatives of the State of Alabama in General Assembly
convened, That the comptroller be, and he is hereby au-
thorized and required, to draw his warrant on the
treasurer in favor of A. Scogin for the sum of six hun-
dred and one dollars and eighty cents, to be paid out of
any moneys in the treasury not otherwise appropriated.
Approved, December 6, 1861.
$191 60 appro
priated.
Ko. 289.]
AN ACT
For the relief William D. Walker, jailor of Marshall
county.
Sec. 1. Be it enacted by the Henate and House of Repre-
sentatives of the State of Alabama in General Assembly
convened, That the Comptroller of Public Accounts be,
and he is hereby authorized and required, to draw his
warrant on the State Treasurer for the sum of one hun-
dred and ninety-one dollars and sixty cents in favor of
William D. Walker, jailor of Marshall county.
Approved, December 9, 1861.
253. 1861.
Ko.290.]- AN" ACT
For the relief of Griffin White, jailor of Marion county.
Sec. 1. Beit enacted by the Senate and House of Repre-
sentatives of the State of Alabama iiPOeneral Assembty
convened, That the comptroller be, and he is hereby re-
quired, to draw his warrant on the treasurer in favor of prtaVd."^^'^'''
GritHn White for the sum of one hundred and twenty
and eighty hundrcths (h)llars, to he paid out of any
moneys in the treasury not otherwise appropriated.
Approved, December 5, 1861.
No. 291.] AN ACT
For the relief of A. G. Mabry.
Sec. 1. Be it enacted by the Senate and H6use of Rcpre'
scntatives of the State of Alabama in General Assembly
convened, That the Governor be, and is hereby ^^^t'ior-p^^^jj^j^,{,g'j,
ized to issue a patent. to A. G. Mabry, of Dallas county, s"ed.
for the east half of the north-west quarter of section
sixteen, township twenty-one, rano^e three, west, in
Sumter county; and the cast half of the north-east quar-
ter of said section, with the exception of live acres
thereof, reserved by the commissioners of said township
for the site of a school house, upon satisfactory proof-
being made that said Mabry has paid for said land, and
that he is tFie owner thereof.
Approved, November 2-2, 1861. .
No. 292.] AN ACT
For the relief of Willia;., 0. Royor and George F.
Guiser, trustees of '''wwuslnp 8, Kar)ge 14, of the
county of Franklin
Section 1. . y the Senate and Home of
Reprcsoitatives >■ - lalxntvi hi General Assembly
convened, TIim* -le hundred and nine dol- »io9 zo appro-
\av9 an«i twct . the same is hereby appro- '"^'*'*'^'
1861.
254
t'or tuition.
Out of Educa-
tional fund of
1861.
priated to William 0. Royer and George F. Gruiser, in
payment of the tuition of eighty-four scholars, the
number ascel'taiued by the enumeration for said town-
ship for the year 1860.
Sec. 2. Be it fy^the,t enacted, That the Comptroller
shall draw his warrant for the said sura of money on
the treasury, to be paid out of the appropriation for the
State educational fund for the year eighteen hundred
and sixty-one.
Approved, December 9, 1861.
1^0. 293.] A'E ACT
For the relief of certain parties therein named.
Sec. 1. Be it enacted by the Senate and House of Bepre*
sentatives of the State of Alabama in General Assembly
j>aiehts to be is- convcned, That the land commissioner be and is hereby
sued by commis- authorized to issue a patent to James Hoge, of De Kalb
iaX. ' ' "county for the K E. i of K W. J of S. 13, T. 9, R. 7;
Jacob Otten, of Cherokee county, for the S.W. ^ of IS".
W. 1 of S. 3, T. 10, R.-ll; Ezra Atteway, of Cherokee
county, for S. W. i of S. W. of S. 28, T. 10, R. 11 ;
James Furinage, of Cherokee county, S.W. ^ of N. "W".
i of S. 11, T. 12, R. 6 ; James R. Wilsofi, of Cherokee
county, for S. W. fof H. W.
iof
S. 3, T. 11, R. 8
Philip Archer, of Talladega county, KW. i of KW. i
of S. 21, T. 13, R. 6; Benj. F. Nickols, of Talladega
county, N. VV, i of S. E. i of S. 19, T. 23, R. 3 ; Samuel
L. Dickson, of Cherokee county, K. W. J of N.W. ^ of
S. 27,' T. 8, R. 10; Thosas W. Williamson, of Talla-
dega county, S. E. i of S. E. J of S. 17, T. 21, R. 6;
all lying in the Coosa land district, being subject to
entry under an act of congress, approved August llthj
1848.
in case of death ^^^* 2- Be it further enacted-, That, in the event of the
^oie^ga^i represent death of auy of the abovc named 'parties, that the land
commissioner is hereby authorized to issue patents to
the legal representatives of said parties.
Sec. 3. Be it further enacted, That the Comptroller of
Public Accounts is hereby authorized to place in the
treasury of the State of Alabama three hundred and
Comptroller to
)?ut $850 28 in
the treasury.
256 1861.
Afty-uitte dollars and twenty-three cents, the amount of
the entrance money of the above described lands.
Approved, December 9, 1861.
No. 294.] AN ACT
For tlie relief of the citizens of Township No. twelve
and Range twenty-two, in the county of Pike and
State of Alabama.
Sec. 1. Be it enacted by the Senate and House of Eep-
I'eseutatives of the Stale of Alabama in General Assembly
convened. That the commissioners of Township No. rp^ gg,, ^ certain
tweU'e, and Range No. twenty-two, be, and they are {,-5[4°n *""*"'
hereby authorized to advertise and sell, according
to the provision of the law regulating the sale of lands
in sixteenth section — that part of the sixteenth section
in township No. twelve, and Range No. twenty-two,
originally bought by one James Clarkston, who failed
to comply with the law, in paying therefor.
Approved, December 7, 1861.
No. 295.] AN ACT
For the relief of A. L. Montgomery, of Lawrence
county.
Sec. 1. Be it enacted by the Senate and House of Ilepre-
sentat'kcs of the State of Alabama in General Assembly
convened) That the Governor of the State be, and he is fatem to iwue,
hereby authorized to issue a patent to A. L. Montgom-
ery, of Lawrence county, to the north half of the north-
east quarter, and the south half of the north-east quarter,
in section 16, township 7, and range 8, west, in the
county of Lawrence, State of Alabama, upon satisfac-
tory proof being made that said land has been paid for, pro .r to be mad*
and that the said Montgomery is the proper owner of
the same.
Approved, November 22, 1861.
188.1. 258
No. 296.] AK ACT
For the relief of William H. Colemau.
Section- 1. Be it enacted hythe Senate and House of Hep-
resentatives of the State of Alabama in General Assembly
convened^ That the sum of three hundred and thirt^'-iive
^335 appropria- ciollars be paid to William H. Coleman, of Sumter
county, to reimburse him in the amount that he ex-
pended in arresting Robert J. Allison, a fugitive from
justice in Texas, on the requisition of the Governor of
this State, and bringing him back to Sumter county in
this State, where, he was indicted for felony; which said
sum shall be paid to said Coleman out of any money in
the treasury not otherwise appropriated.
Approved, December 10, 1861.
No. 297.] AN ACT
For the relief of William Huggins, of Pike county.
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
fcqsappropriated authorized to draw his warrant on the State Treasurer
in favor of William Huggins, of Pike county, for the
sum of sixty-five dollars, for expenses in apprehending
William A. Mize, charged v/ith the murder of D. J.
Everett, to be paid out of any money in the treasury
not otherwise appropriated.
Approved, December 5, 1861,
No. 298.] AN ACT
To compensate W. J. Matthews, and others.
Sec. 1. Be it enacted by the Senate and House of Rep^
resentatives of the State of Alabama in General Assembly
convened, That W. J, Matthews, Hugh Caperton and
Thomas Gipson shall be entitled to receive as compen-
sation for their services, in bringing to justice thieves
2o7 1861.
tTameStPenland, Morgan Ashbuni and John Asliburn,
the sum of seventy-seven dolhirs, and that the Comp- $?7npproprintcd
troller of Public Accounts bo, and lie is hereby required
to draAy his warrant on the State Treasurer, in favor of
\V". J. Matthews, Hugh Caperton and Thomas Gipson,
for the amount speciiied in this act.
Approved, December 6, 18G1.
No. 299.] AjST act
For the relief of John Camp, of Jefrcrson county.
Sec. 1. Be it enacted hy the Senate and House of Rep-
resenfativcs of the State of Alabama in General Assemhhj
convened, That John Camp, of Jefferson county, be, and Relieved from
is liereh}' relieved and exonerated from any penalty or <^criain ponaiiiea
penalities heretofore incurred b}' the violation of "An
act to re<]^alate the sale of spirituous liquors in the
town of Elyton," approved December 16th, 1851, and of
"An act amendatory of said act," approved January
25th, 1860. .
Sec. 2. Be it further enacted, That this act shall not be Act not i.. apply
held to apply to any penalty heretofore imposed by the 1"^.,"''*'" '"^"'''"
circuit court of said county upon the said John Camp,
for the violation of the above mentioned acts.
Sec. 3. And he it further enacted, That to entitle the Must pay aii tuo
said John Camp to the relief provided by this act, lie.*^'*"'
shall pay a"ll costs that may have heretofore accrued in
his i)ro«ccution for the violation of said acts of 1851
and 1860.
Approved, December 10, 1861.
Kg. 800.] • AN ACT
To relieve the citizens of Pine Level, in \ho ocwwAv of
Montgomery.
Si:n. ]. Be it enacted hj the Senate and House of Bep-
»■' ' '■' of the State of Alabama in General Asarmhbj
rc'" That the act entitled "An act to prevent tho
IT
1861. i^58
retail of spirituous liquors within two miles of the Bap-
Act of isos re- tist church, near Pine Level, in the county of Mont-
gomery," approved January 25th, 1858, be, and the
same is hereby repealed.
Sec. 2. And be it further enacted, That the inteudant
pealed.
Intendcnt con
of Peace,
stituted Justice of tlic Corporation of Line Level, in the county of Mont-
gomery, be, and he is hereby constituted, ex officio, a
justice of the peace, upon his giving bond and cbmply-
ing in all respects with the law in relation to justicea
of the peace.
Approved, l!^ovember 30, 1861.
No. 301.] AN ACT
For the relief of insane convicts in -the Peiiitentiaryi
Sec. 1. Be it enacted by the Senate and House of Rep-
resentatives of the State of Alabama in General Assembly
Physician to re- convencd, That the physician of the penitentiary shall
P"""'' rq3ort to the Governor the names of all the insane con-
victs that are now or may hereafter be imprisoned in
the penitentiary, as often as such cases shall occur.
Sec. 2. Be it further enacted, That it shall be the duty
amine and *re!'^ of the Govcmor, whcu any case of insanity is reported
po""^- to him, as provided for in the first section of this act,
to appoint three physicians of skill and experience, of
whom the physician of the penitentiarj'- shall be one, to
examine the persons reported to be insane, and report
to him the result of such examination; aild if said board
of physicians shall report »uch person insane, and a fit
subject for the hospital for insane persons, it shall be
the duty of the Governor to cause such person to be
removed to the hospital for insane persons at Tuska-
loosa, at the cost of the State.
^ Sec. 3. Be it further enacted. That if such inssine con'
Disposition ol m- .,..,.•' . ' ini -i
sane convicts, vict DC lu indigent circumstauces, lic shall be supported,
while in the hospital, as now provided for by law for
other indigent insane ; and if he should be restored to his
proper mind before his terra of imprisonment expires,
he shall, upon the order of the Governor, be returned
to the penitentiary, or discharged, as to the Governor
shall seem most proper.
Approved, December 9, 1861.
250 1S61.
Ko. 302.] AN ACT
For the relief of certain slaves therein named.
Sec. 1. Be it enacted hy the Senate and House of Rep-
resentatives of the State, of Alabama in General Assembly
■convened. That Jack, Ellen, Nicholas, Susan, Napoleon, Names of slaves
otherwise called Bonaparte, and Mary, the slaves of the
estate of Albert G. Abercrombic, deceased, be, and
they are hereby respectively authorized to choose mas- Authority to
ters, by and with the consent of the executor of said '^'"'*"'^ "**""*•
estate, so far as to enable them to remain in slavery in
the State of Alabama.
Sec. 2. Be it farther enacted, That should it be the Nccewnry pro-
desire of the above named slaves to remain in slavery, '^'■■^'''"^'"
it shall be their duty to file an application in writing in
the probate court of Montgomery county, setting forth
their wishes and desire in the premises; whereupon it
shall be the duty of the judge of probate to examine
the parties making said application, in such manner as
he may deem best, as to their true wnsh and desire to
remain in slavery ; and if said judge of probate is sat-
isfied that the statements set forth in the application
are true, it shall be the duty of said judge of probate to
require of the person so selected, or chosen as master,
to file his assent in writing to become the master of
said slaves; and if upon the examination of the said
negro slaves, the executor of said estate, and the mas-
ter so chosen, the judge of probate is satisfied that the
master chosen is of good moral character, and that the
arrangement is satisfactory to all parties concerned, it
shall be the duty of said judge of probate to approve
the same, and to decree said slaves to be the slaves of
the person or persons so chosen by them respectively,
including their children and increase, and that thence-
forth they shall be the slaves of the person so chosen
by them : Provided, said slaves and their descendants
shall not be sold under any legal process for the debts
or liabilities of the master or mistress they may choose,
or their heirs or distributees.
Sec. 3. Be it further enacted, That it shall be the duty j,„,y„f j^j^^^f
of the said judge of probate to make a record of all the rroi.ntc.
proceedings in the case, and that either party shall have
the right to appeal from the decision of the court, ujider
the law now in force rogulating appeals from the decis- *
1861. 2G0
ions of the probate courts. The said judge of probate
Fess, shall receive ten dollars for his services, and the other
officers such fees as are now allowed by law to be paid
by the master or mistress so chosen.
•Approved, November 29, 1861.
No. 303.] AN ACT
To relieve certain tax pa^^ers of Mobile.
Whereas, the tax collector of Mobile county, has in
sundry cases collected of mercljants in Mobile county a
harbor tax, under an act, entitled "an act for the im-
]'rtamb!e. provemcut of the ba^^ and harbor of Mobile," on the
gross amount of their sales; and whereas, the supreme
court of Alabama has since decided, that said mer-
chants v^-ere not liable under said act to pay said tax.
Sec. 1. Iherefore be it enacted by the Senate and House of
JRepresentatives of the State of Alabama in General Assembly
_ convened. That in all cases where the tax collector of Mo-
Ccrtaui taxea to,., , -, ,, , ,, ,,
be returned, Diie couuty has collccted a harbor tax, on tne gross
amount of the sales of any merchant, or other person,
sellinggModsor other property in Mobile, he shall return
to such tax payer the amount so collected on such amount
of sales, or if he has settled with tlie commissioners'
court of Mobile, or deposited the same in bank to their
credit, said commissioners shall return to the tax navers
said tax on the amount of sales so made.
Approved, December 4, 1861.
No. 3U,4.J AN ACT
To authorize John W. Posey and M. M. Posey to have
votingprivileges in Blount county.
Sec. 1. Be it enacted hy the Senate and Rouse qf Iiep-
reseniatives of the State of Alabama in Genercd Assembly
eonv$ic<f That John W. Posey and M, M. Posey be al-
lowed voting privileges in the county of Blount, and in-
precinct elections in the Village Sp'ring precinct in said
2(U 1861.
ns to include tlie persons aforesaid within the county of
Blount. •
Approved, November 30, 1861.
• "...j AX ACT
For the relief of E. John Kirksej.
Se<". 1. Be it enacted hy the' Senate and House of Bepre-
sen'ailrcs of the State of Alabama in General Assembly
convened, That hereafter when it becomes necessary for
E. John Kirksoy to take the oath required in reference
to dnoling, it shall be in point of time confined to the
1st of January. 1860.
Aiiproved, December 10, 1861.
JS'o. aUG.J ' AN. ACT
For the relief of John McMay, of Pike connty.
iStc. 1. Be it enacted by the Senate and House of Eep.
reseniatives of the State of Alabama in General Assembly
convened, That John McMay, a citizen of Pike county,
be and is hereby autliorized and allowed to peddle for
the sale of drugs, ruedicines and dvy goods within said
county of Pike alonCf, until this act shall be repealed,
upon his payment into the State Treasurj' directl}-, of
a license tax of ten dollars for the privilege, and taking
the treasurer's receipt therefor.
Approved, December 10, 1861.
For liic relief of lioberl E. lianvood and W
Jii ^u'l ■■■• ix'iilJr.cs of f"
coHCChcd, That IluUcit 1l. llarwuud ana \\ liliaui J-.
1861. 262
Pearson, druggists, doing business in Gainesville, in this
neiieved from State, undcF the firm of Pearson & Harwood, be and
certain pena ties ^^^^^^^^ hereby relieved from all the penalties and dis-
abilities they may have incurred under section 980 of
the Code of this State, previous to the passage of this
act.
Sec. 2. Be it further enacted, That all the provisions
feS'tow^j. of this act shall inure to the benefit of William J.
Nichols. Nichols, druggist in the town of Livingston, Alabama.
Approved, November 9, 1861.
No. 308.] AN ACT
For the relief of the Editors of the Montgomery Ad-
vertiser.
Sec. 1. Be it enacted hy the Senate and House of JRep-
resentatives of the State of Alabama in General Assembly
convened, That the Comptroller of Public Accounts be,
and he is hereby authorized and required, to di;aw his
155 appropriated warrant ou the State Treasurer in favor of the Editors
of the Montgomery Advertiser for the sum of fifty-five
dollars,- being the amount for printing 500 copies of the
State Constitution and stationery furnished the State,
out of any moneys in the treasury not otherwise ap-
propriated.
Approved, December 10, 1861.
No. 309.] AN ACT
For the relief of W. B. & A. R. Bell & Co.
Sec, 1. Be it enacted hy the Senate 'and House of i?ep-
reseniatives of the State of Alabama in General Assembly
convened, That the Comptroller of Public Accounts be,
and he is hereby authorized and required, to draw his
prfa\ed.'^^'''^° Warrant on the State Treasurer for the sum of four
hundred and sixty-one dollars and ninety-three cents in
favor of W. B. & A. R. Bell & Co., of Montgomery, for
articles purchased of them for the use of the Oapitol. '
Approved, December 9, 1861.
263 1861.
No. 310.] AN ACT
To provide for compensating Richard F. Cook, and
Willis W. Jackson, and E. H. Gordy, for copying
maps for the use of 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 the Treasurer of the State be, and he is
hereby authorized, to pay to AVillis W. Jackson, upon Appropriates
the warrant of the Commissioner of Public Lands, the '^'^ '^"'^^*'^ '"°
sum of two hundred and nine dollars for copying for
the use of the State two hundred and nine maps in the
laud office at Center; and that the treasurer be author-
ized, upon the warrant of the commissioner, to pay to
Richard F. Cook the sum of three hundred and forty- j!S;'^|,;^
iiva dollars, for copying for the use of the State two
hundred and thirty maps at the land office at Elba;
and to E. II. Gordy, of Washington county, one hundred Appropmies
and sixty-five dollars, for like services, at the land office «"» f"^ oordy.
at St. Stephens.
Approved, December 7, 1861.
No. 311. AN ACT
For the relief of Thos. F. Parker and others.
Sec. 1. Be it enacted by the Soiate and Hon se of Itepre-
sentatioes of the State of Alabama in General Assc)id>hj
onvened, That the Comptroller of Public Accounts be,
and he is hereby authorized and required, to draw his Appn.phaici
warrant on the State Treasurer in favor of Thomas F. ^-f^'^^'^' ^"■
Parker for the sum of two hundred and sixty-five dol-
lars and fifty cents ; in favor of Benjamin B. Davis for Appropriate!
,, /. • 1 , • I i 1 11 1 \' J. II i. • t^^ 4.') for Da»i«.
the sum ot eighty-eight dolhirs'and lorty-nve cents; in
favor of W. B. & A. R. Bell for forty-four dollars and Appropriate,
forty-two cents; in favor of Lehman & Bros, for the sum 'i^ *^ "^^
of two dollars and twenty-five cents, to be paid out of AppronriaiM »2
,, ^ '' . .^ ■ a:, for Lchroan .t
any moneys m the treasury not otherwise ajtpro- Bro.
priatcd.
Approved, December 9, 1861.
1861.
Ai>|)ropriates
4-10.
264
Ko. 312.] AN ACT
For tlie relief of John Powell, of Montgoraerj county.
Sec. 1. Be it enacted hy the Senate aud House of Rep-
resentatives of the State of Alahaina in General Assembly
convened, That the Comptroller of Public Accounts be,
and is bereb}^ authorized and required, to draw his war-
rant on the State Treasurer for the sam of five hundred
and fourteen dollars and forty cents, in fiwor of John
Powell.
Approved, ]S"ovember 11, 1861.
Xo. 313.] ■ a:^ act
For the relief of White, Pfister & Co.
Section 1. JBe it enacted hy the Senate and House of
Jiejyresentatlves of the State of Alabama in General Assemble/
convened, That the comf)troller be, and he is herebj^ au-
thorized and required, to draw his warrant on the
treasurer in favor of White, Pfister & Co. for tlje sum
of^ nine hundred and eighty-three dollars and eighteen
cents, the same being; the amount of their account for
stationery.
Approved, December 9, 1861.
Ko. 314.]
AN ACT
For the relief of James M. Wright, superintendent of
the Glennville Alilitary Institute.
Sec. 1. Be it enacted hy the Senate and House of Bepre-
sentatives of the State of Alabama in General Assembly
convened. That the Governor be, and he is hereby au-
thorized, to issue a warrant on the Treasury of the
State in favor of James M. Wright, superintendent of
the Glennville INIilitarj' Institute, for the sum of ninety-
one dollars and ninety cents, to be paid out of au}^
money uqw in the treasury not otherwise appropriated.
Approved, December 10, 18G1.
2G5 1861.
iS^o. 315.] AN ACT
Making an appropriation to repay a certain loan there-
in mentioned.
Section "l. Jie it enacted by tlie /Senate and Jlouse of
llepresetdatives of the State of Alahanui in General Atisenddy
convened, That such sum as shall he sufficient to repay
the loan of one hundred thousand dollars ohtained
from the Central Bank of Alabama, under an act ap-
proved the 25tli Januar}', 1861, and the interest accrued
thereon, be, and the same is hereby appropriated to
repay the loan of one hundred thousand dollars, to the
said bank, together with all the interest that shall have
accrued thereon at the time when such repayment shall
be made, out of the taxes of 1861, wlien the same, or a
sufficiency thereof for that jjurpose, shall have been
received at the State treasury.
Appiioved, December 3, 1861.
JOINT RESOLUTIONS.
JOmT RESOLUTION
Providing that the Legislature, at this session, fill the vacancy
in the representation of Alabama in the Provisional Congress,
occasioned by the resignation of Hon. John Gill Shorter.
Whereas a vacancy has occurred in the representation of this
State in the Provisional Congress of the Confederate States, which
may materially endanger the interests of the country, and parti-
cularly of this State, so far as Congressional influence and legisla-
tion'is concerned: Whereas, it will not do to leave anything to
chance in a crisis so important as this; and, whereas, since we
believe we possess in this respect the same power we are capable
of conferring on the people, and for the purpose of saving the
trouble and expense of further legislation by us and of an election
by the people, which we believe they would almost unanimously
deprecate; therefore, we jointly resolve,
That on Saturday next, the 23d instant, the Senate and House
of Representatives meet in the hall of the House, at 12 m., and
proceed to the election of a representative to fill the said vacancy
occasioned 'by the resignation of the Hon. John Gill Shorter of
his seat in the Provisional Congress of the Confederate States.
Approved, November 22, 1861.
JOINT RESOLUTIONS
In relation to the Fourth Regiment of Alabama Volunteers.
1. Be it resolved by the Senate and House of Representatives of
the State of Alabama convened, That whilst Alabama, in common
267
with the whole Confederacy, rejoices in the triumph of the Con-
federate arms in the many battles fought for the defence of their
liberties, it becomes the General Assembly of the State to place
on permanent record the emotions of gratitude and pride with
which Alabamians view the noble acliicvements of the 4th Ala-
bama regiment on the memorable field of Manassas.
. 2d, Resolved, That whilst hereby receiving the condolence of the
whole State, the relations of the fallen brave who spent their
heart's blood on that glorious day, must be consoled with the
pleasing reflection, that to have belonged to the Alabama 4th,
erects a monument of undying fame in the affections of a grateful
people, and gives a patent of republican nobility to the surviving
heroes of the tight.
Approved, JSTovember G, 18G1.
JOmT RESOLUTION
In testimony of the ability, patriotism and fidelity ot Andrew B.
Moore, Governor of the State of Alabama:
Whereas his excellency, Andrew B. Moore, Governor of the
State of Alabama, during his term of service — now about to
expire — has been surroutided by extraordinary circumstances, pro-
ducing unforeseen exigencies and unusual responsibilities;
And, whereas, he has provided for those exigencies, and met
those responsibilities, with a determination, sagacity and patriot-
ism highly commendable, and deserving the thanks of the people
of this State;
And, whereas, the cause of Southern liberty and independence
has been greatly promoted and advanced by his bold and daring
action in seizing the forts, arsenals and arms witliin the State;
and also by his judicious and energetic efforts to feed, clothe and
arm the soldiers engaged in the defence of our rights;
And whereas he has been untiring in his efforts to sustain the
State in the extraordinary circumstances which followed her seces-
sion from the government of the United States; therefore
Be it resolved., luith (he concurrence of the Senate, That the present
Governor of the State of Alabama, under the trying circumstances
which have befallen his administration, has so acted as to demon-
strate his devotion to his country, and the cause of Soutliern in-
dependence, and has exhibited a courage and capacity adequate to
2G8
the emergencies surronnding iiim, and deserving the thanks of the
State he has served with such marked fidelity.
Approved, December 3, 1861.
JOINT RESOLUTION'S
For the relief of Jas. IT. AVitherspoon, and others.
Whereas James H. Witherspoon, of Lauderdale; Thomas J.
^McClellen, of Limestone; Adolphus A. Hughes, of Franklirf;
Canada Butler, of Madison, and George W. Malone, of De Kalb
couut3\ members of the House of Representatives of this State,
have been absent from their seats since the first instant, with
leave of this House, on business of a public nature,
Skc. 1. Be it therefore resoloed by the Senate and House of Repre-
sentatives of the Slate of Alabama in General Assembly convened, That
Jame^H.Witherspoon, Thomas J. McClellen, Adolphus A. Hughes,
Canada Butler, and George W. Malone, members of the House of
Representatives of this State, be, and they are hereby authorized
to receive the same amount of compensation as if they had con-
tinued in their seats until the close of the present session.
Sec. 2. Be it further resolved, That S. C. Posej', of Lauderdale
county, be authorized to receive the compensation authorized by
these resolutions to be paid to each of the members mentioned in
the foregoing resolution, and his receipts therefor shall be good
vouchers for such payment.
Approved, December 9, 1861.
JOINT RESOLUTIONS
To provide for the printing and distribution of the Military Code
of Alabama, and for other purposes.
1. Be it resolved hy the Senate and House of liepresentaiivcs of the
State of Alabama in General Assembly convened^ That the Secretary
of State be, and he is hereby authorized, to have three thousand
copies of the Military Code of Alabama, and the several amend-
ments thereto, to be printed, and that he distribute the same' to the
military officers in the several counties in this State, through the
probate judge of each count}', apportioning the number of copies
to each county in proportion to population.
2. Ba ■it jariiier rc^ouv', i iiat nc3 di^^tributG among the members
of the General Assembly of the State of Ahibama, copies of tho
proceedings and debates of the State Convention, to each member
one copy.
Approved, December 10, 18G1.
JOmr RESOLTJTIOK
Authorizing the print;..;., ,. r,.\. ....... hundred ..;,,.,
Vet to Kcgulate Judicial .Proceedings, for distributicM-
Be it resolved by the Senate and House of i^epresenfatives of the
State of Alabama in General A.ssem()hj convened) -That twenty-fivG
hundred copies of the act, entitled an act to reguhltc judicial pro-
ceedings, be printed in separate sheets as early as practicable, for
distribution, and that the Secretary of State be instructed to
transrnit said copies to the several probafe judges, in proportion
to the representation from each county.
Apjiroved, December 10, 1861.
Kcquiring tlic bccrotary of fc-latc to iuinu-!i tor di^triUulion coplee
o'f the Ordinances and Constitution of the State of Alabama,
with the Constitution of the Provisional Government, and of
Alabama in General Assembly convened, That the Secretary of State
be and he is hereby required to deliver to each member of the
Senate und of the House of Representatives, ten cojues of the
*' Ordijiances and Constitution of the State of Alabania, with the
Constitution of the Provisional Government,- and of the ("'>'• f^-''-
erate States of America," as now pubi^^iled. to be delivers,
judges of Probate in each count '' '
pro])er officers of the State.
Decemb
JOIOT RESOLUTIONS
To the rrovisional Congress.
Whereas there is an obvious and unjust inequality between the
Salaries of commissioned officers and the pay of non-commissioned
officers and privates in the provisional army of the Confederate
States of America)
Section 1. Be it enacted by the Senate and House of JRepresen-
iativcs of the State of Alabama in General Assembly convened, That
it is the sense of this General Assembly, that the pay of non-com-
missioned officers and privates should be increased.
Sec. 2. Be it further enacted, That the members from the State
of Alabama be, and they are hereby requested to bring the sub-
ject matter of these resolutions to the consideration of the Provis-
ional Congress now in session in the city of Richmond, and to
exert their influence in favor of the passage of a law in accordance
with the principles declared in the lirst resolution.
SeCs 3. Be it further enacted, That his excellency, the Governor,
be, and he is hereby requested to transmit a copy of these joint
resolutions to each one of the members from this State in, the Pro-
visional Congress of the Confederate States^
Approved, December 10^ 1861.
JOIKT RESOLUTIONS
Authorizing the Governor to ascertain the value of the steamer
Florida, taken for the public use, and make compensation
therefor.
Besolved hij the Senate and House of Bepresefitatives of the State of
Alabama in General Assembly convened, That the Governor be, and
he is hereby authorized to ascertain from such proofs as raify be
furnished him, or from such as he may be able to obtain, the
value, on the 16th of July, 1861, of the steamer Florida, one of
the passenger steamers formerly of the N"ew Orleans and Mobile
mail line, which on that day was taken possession of for public use,
under the order of the Governor, and is n^w in the service of the
navy of the Confederate States ; and upon^ascertaining such value,
to pay the same to the owners of said vessel out of any money in
the treasury not otherwise appropriated : Provided, tlie sum paid
shall not exceed in amount, or terms, the offer made by the own-
271
ei's to sell the same vessel to the pQblic authontiea of the Stato of
Louisiana.
Approved, December 10, 1861.
SECRETARY OF STATE'S OFFICE, \
^ Montgomery, Alabama, February 5, 1862. j
I hereby certify, that the foregoing Acts and Joint Resolutions
are correct copies, from the original rolls deposited in this office*
P. n. BRITTAI^,
Secretary of ^^tate,
'F THE RATES OF INTEREST IN THE SOUTHERN AND CONFEDERATE STAINES
Compiled'in imrsuance of an act a.iyproved February 18, 1848.
Maryland 6 per cent-
Horth Carolina 6 " ."
Tennessee ' 6 " "
Alabama 8 " "
Virginia.... 6 " "
South Carolina 6 per cent*
Kentucky ..6 " "
Georo:ia 8 " •'
Fiorjdf)...... 8- " "
Arlcansas — Legal interest, 6 per cent. ; conven^ti.onal interest 10
per cent. • :; ■
Texas — Legal interest, 8 per cent.; conventioiial interest 12 per
cent.
31issoxiri—l-iQ.gsX interest, 6 per cent. ; , conventional interest, 10
per cent.
Idississippi—JjQg^l interest, 8 per cent. ; on lent money, 10 per
cent.
Louisiana — Legal interest, 5 per cent.; bank interest, 6 per
■■nt,; conve'itional interest, 10 per cent.
SECRETAEY OF STATE'S OFFICE, \
Montgomery, Alabama, February 5, 18G2. /
Certiiiod to be correct.
P. H. BRITTAK,
Sccrciaru of Sick-
IISTDEX.
ACADEMIES— See Corporations.
ACKLIN", A. A.—
Act relative to grant of administration on estate of 193
ACTIONS — See Judicial rRocEEDiNGS.
ADMIRALTY—
Act amending act of 1858 relative to admiralty cases
in Mobile 219
ALIEN ENEMIES—
Act in relation to debts due to 59
APPEALS—
Act giving appeal from order of chancellor appointing
receiver 62
Act giving appeal to county superintendent from
action of school trustees 223
APPROPRIATIONS—
For fiscal year ending Sept. 30, 1862 9'^
Act to supply deficiency in treasury 12
For hire of servants for General Assembly 70
For pay of members and oflicers of General Assembly 74
For payment of interest on State bonds 42
Of balance of three per cent, fund 41
To encourage the manufacture of salt 27
To carry out the act authori//ing the seizure of salt
by the Governor 29
To encourage the manufacture of fire-arms, &c 75
For indexing manuscript acts of Legislature 76
For equipment of volunteers, and purchase of arms 78
For erecting building at Manassas for army stores.. 183
For relief of First Alabama Cavalry l\egiment 284-5
For Soldiers' Home at Montgomery and Aid A'J^o-
ciation at Iluntsville 282
For milikiry Aid Society at Mobile 23-1
18
274
APPROPRIATIONS— (Continued.)
For sick and wounded soldiers at Florence 184
To aid in the harbor defences of Mobile 211
Act amending act last above recited 213
To provide for manufacture of arms for Mobile 214
To II. P. Watson, as marshal, (sec. 6) - 11
To M. P. Blue.. 76
To Wra. J. Greene 179
To J. W. Echols 230
To Andrew J. Crawford .'. 244
To David Deshler 245
To James Maherg... 245
To B. F. Scale 246
To Willis Farriss *. 248
To George Field.... 249
To Richard Hudson 249
To John r. Howard 250
To Fielding Love and others, (viz: James Helton,
Thos. J. Coen, and Andrew Lawson) 250
To W. B. Livingston 251
To Wm. Owens^. 251
To A. Scogin 252
To William D. Walker 252
T6 Griffin White 253
To W. O.^Royer and G. F. Guiser, as trusteesof town-
ship three, range fourteen, in Franklin county, 253
To Wm. IL Coleman 256
To William Iluggins 256
To W. J. Mathews, Hugh Caperton and Thos. Gipson 256
To editorsof Montgomery Advertiser 262
To W. B. & A. R. Bell & Co 262
To W. W. Jackson, R. F. Cook, and E. H. Gordy... 263
To Thos. F. Parker and others, (viz : B. B. Davis,
W. B. & A. R. Bell, and Lehman & Bros 263
To John Powell 264
To White, Pfister & Co 264
To James M. Wright 264
For repair of Capitol 89
For repayment of loan by Central Bank 265
ARBITRATIOisr—
Authorized in certain cases in probate court 64
ARCHER, PHILIP—
Act authorizing issue of patent to 254
ARMISTED, W. W-—
Declared a citizen of Clarke county 201
275
ATTEWAY, EZRA—
Act authorizina; issue of patent to 254
AUDITOR OF TREASURY—
Act abolisbinp; office of 72
AUTAUGA COUNTY—
Act relative to appointmeut of overseers and appor-
tioners of roads 207
BANKS—
Act anthorizing suspension of specie pa3'ment8 by
cliartcred banks 20
Act authorizing suspension of specie payments by free
banks 22
Act authorizing further suspension 24
Act prohibiting corporations to become stockholders
in free banks 25
Act continuing office of commissioner and trustee of
State Bank and branches 51
Act establishing Western Bank of Alabama, at
Tuskaloosa 108
Act establishing Planters' Bank of Alabama at
Gainesville 121
Act amcndinor charter of Bank of Alabama 134
Act amending charter of Mobile Savings' Bank 135
Act incorporating City Savings Association of Mobile 143
Act incorporating Mobile Merchants' and Traders'
Depository 164
Act making appropriation for payment of loan by
Central Bank 265
BELL, W. B. <fc A. R.—
Appropriations to 262-263
BERRY, JOHN R.—
Act authorizing removal of administration of estate of 192
BIBB COUNT r—
Act prohibiting retailing near Mulberry Academy.... 172
Act prohibiting retailing near Scottville 173
BLOUNT COUNTY—
Excepted from operation of section 2447 of Code 18
BLUE, M. r.—
Appropriation to 76
BOBBITT, RKBb.CC A P. and WM. P.—
Act divorcing 01
BOUNDARIES—
Act repealing act of 1861, changing l)0undary line
between Jefferson and Shelby 207
Act repealing act of 1858, defining boundaries of
Jasper ^-^
BOWLING, THOS. B.r-
Act for relief of 244
BRAKEFIELD, VV ASHINGTO]^—
Act for relief of 249
BURis'S, MARGARET—
Act for removal of administration- of estate of 190
BUTLER COUi>TY-^
Act authorizing division of county into districts 198
Act authorizinoj levy of special tax 199
CALHOUN COUNTY--
Act authorizing appointment of special tax collector
for 1859-60 199
CAMP, JOHN—
Act for relief of 257
CANNON, ISAAC B.—
Act for relief of. . 241
GARDEN, PHOEBE P. AND JOHN D.—
Act di vorci n g 92
CHAMBERS, SUMANTHA AND JOSEPH—
Act divorcinor.... 91
CARROL, MARTHA—
Act authorizing issue of patent to 180
CARTER, MARTHA L.—
Act for relief of .-... . 2i0
CHEROKEE COUNTY— '
Act authorizing levy of special tax 201
CLERKS—
Act amending section 646 of Code, in relation to
approval of bond of circuit clerk 14
Act to secure payment of fees of circuit clerk in
Walker county 227
COOKBURN, CATHERINE—
Act relating to estate of. 194
CODE OF ALABAMA—
Act suspending preparation of Revised Code 20
Sections 40-41 (untinished business of General As-
sembly) suspended as to called session of 1861 13
Section 499 (compensation of county commissioners)
amended as to Sumter county 224
Sec. 646 (approval of bond of circuit clerk) amended 14
Section 672 (duties of probate judges) amended.,-... 14
Section796(examination of books of county treastirer)
amended as to Marion county... 209
Section 980 (license to druggists) amended 15
Section 1023 (runaway slaves) amended..., ;.,.,.. 15
277
CODE OF ALABAMA— (Continued.)
Section 1056 (license for retailing) amended as to
Walker county " 229
Section 1580 (descent and distribution of intestates'
estates) amended 10
Section 1750 (sales by executors and administrators)
amended • 51
Section 2025 (keeping together minors' estates)
amended... 17
Section 2033 (removal of minors' estates) amended... 17
Section 2235 (pleading) amended 18
Section 2359 (security for costs) amended G9
Section 2447 (advertisement of sales under execu-
tion) repealed as to certain counties 18
Sections 2645, 2649, (summary judgments between
sureties,) amended 19
Section 3283 (selling liquor to slaves) amended 59
Section 3576 (service of cop}- of indictment) amended. 19
Section 3908 (report of lessee of penitentiarv) amended. . 19
COFFEE COUXTY—
Act requiring justices of the peace to perform duties
of road apportioners 202
Act legalizing grant of ferrv license to John G.Cowan. 202
COMPTROLLER OF PUBLIC ACCOUNTS—
^ Act authorizing printing of report ('(9
CONECUH COUNTY—
Act transferring county from 2d to 7th chancery dis-
trict '. 195
COOSA COUNTY—
Act repealing scciion 2447 of Code 18
Act amending charter of Rockford, nnd repealing
special act of Feb. 8, 1861 203
CORPORATTONS—
Academies.
Act ameiicling charter of Southern Military 92
"*■ Act amending charter of Indian Creek Male and
Female '. 93
Act amending charter of Jasper Mnh; and Fcinnlc., 94
Banks.
See that title, ante, 275.
Cities and Towns.
Act extending corporate limits of Auburn 94
Act amending charter of (iainesvillo 95
Act amending charter of Montgomery 96
Act amending charters of Marion and Montevallo... 90
278
CORPORATIONS- (Co^'TiNUED.)
Act amending charter of Selma 97
Act amending charter of Rockford 203
Act relative to boundaries of Jasper 94
Act amending hiw relative to municipal corporations,
and giving to municipal officers powers of justices
of the peace 66
Insurance Companies.
Act incorporating East Alabama 136
Act incorporating Gulf City 139
Act' amending charter of Southern 146
Act amending charter of Alabama 147
Act amending charter of Eufaula Marine and Fire.. 147
Act amending charter of Eufaula Home 148
Act amending charter of Gainesville 149
Act amending charter of Livingston 150
Act amending charter of Woodville, Opelika, La
Fayette, Jacksonville, and Troy 150
Railroads.
Act incorporating Pensacola and Mobile 99
Act amending charter of Alabama and Florida 106
Act explaining charter of Mobile and Spring Hill... 107
Act amending charter of Opelika and Talladega, 107
Act postponing loan to Selma and Gulf, in favor of
Alabama and Mississippi Rivers , 181
Miscellaneous.
Act incorporating Southern Direct Trading Company. 151
Act incorporating Confederate States Express Co.... 155
Act incorporating Grand Commandery of Knights
Templar, and appendant orders 156
Act incorporating Selma Chamber of Commerce... 159
Act incorporating Chemical Manufactory 160
Act incorporating Southern Salt Manufacturing Co. 162
Act incorporating Wills' Valley Coal and Leather
Company . . 163
Act amending charter of Mobile Wine Company 167
Act amending charter of Alabama Direct Trade and
Exchange Com pany 168
Act amending charter of Mobile Omnibus Company. 168
Act amending charter of Alabama Bible and Colpor-
teur Society 170
Act incorporating Mobile Merchants' and Traders'
Depository 164
Act amending charter of Mechanics' Aid Association
of Mobile 169
279
COUKTY CLAIMS—
Act requiriug registration in De Kalb and Covington. 205
Act authorizing payment in Walker 228
Act prohibiting public officers from dcalinj? in 58
COUNTY SURVEYORS—
Act reducing fees in DeKalb county 205
courts-
Chancery.
Act changing terms in Choctaw, Marengo and Sum-
tor counties 196
Act dispensing with fall terms (18G1) in Autauga,
Cliainbers, Coosa, Macon, Russell, and Tallapoosa,
and in 10th district of southern division 197
Act transferring Conecuh county from 2d to 7th dis-
trict in southern division 195
Act giving appeal from order appointing receiver.... 62
Act defining register's commissions on sales 57
Act authorizing register to make settlements as pro-
bate Judge 56
Act transferring jurisdiction of trust estate of Fran-
ces Durden, from 15th to 40th district 189
Circuit.
Act changing time of taking up State dockets 71
Act providing for special terms in 10th circuit 194
Act amending act of 1858, regulating practice in ad-
miralty cases in Mobile .^ 219
Prouate.
Act amending section 672 of the Code, and authoriz-
ing payment of decree to probate judge 14
Act amending section 2025 of the Code, and au-
tiiorizing estates of minors to be kept together ... 17
Act amending section 2033 of Code, (relating to re-
moval of minors' estates,) 17
Act explaining act of 1850, amending act of 1854
relative to sales of land for partition 55
Act authorizing settlement to be made by register in
chancery, when probate judge is incompetent .... 5C
Act to enlarge jurisdiction of probate courts, (au-
thorizing extension of d(-4>ts by executors and
administrators,) 50
Act authorizing reference to arVntration 04
Act authorizing executors, administrators and guard-
ians to rent lands, and amending section 1750 of
Code ' 51
280
COURTS— (Continued.)
Act authorizinc; executors, &c., to make loans to
Confederate States '. 53
Act authorizing publication by probate qourt of Wil-
cox in newspapers of adjoining counties 229
Act authorizing probate court of Madison to grant
administration on estate of A. A. Acklin ..... 193
Act transferring administration of liobert Craig's
estate from Sumter to Dallas 187
Act transferring administration of estate of Mar-
garet Burns from Tallapoosa to Chambers 190
Act transferring administration of estate of John D.
Smith from Mobile to Wilcox 190
Act authorizing sale and distribution of James Ham-
ilton's estate 191
Act transferring administration of John E. Berry's
estate from Macon to Russell... . 192
Commissioners of Roads and Revenue.
Act authorizing erection of gates across public roads. 60
Act authorizing establishment of private roads 68
Act legalizing appropriations for equipment of vol-
unteers ITO
Act legalizing imposition of taxes, for equipment of •
volunteers and support of their families 171
Act dividing Butler county into four districts 198
Act authorizing levy of special tax in Butler county,
for support of families of indigent volunteers 199
Act authorizing levy of special tax in Cherokee, for
simi lar purpose 201
Act legalizing grant of ferry license to John R.
Cowan, in Coffep county 202
Act relative to levy of county tax in Franklin 206
Act relative to appointment of overseers and appor-
tioners in Autauga, Greene, and Sumter 207
Act regulating pa}' of commissioners in Lawrence.... 208
Act repealing act of 1858, requiring levy of special
county tax in Marshall 208
Act dividing Monroe county into four districts 220
Act providing adequate compensation for commis-
sioners in Montgomery 221
Act regulating compensation of commissioners in
Sumter 224
Act authorizing levy of special tax in Talladega 226
Act authorizing payment of county claims in Walker, 228
Act dividing Winston county into four districts 230
281
COVINGTOJS" COUNTY—
Act requiring registration of claims against 205
COWAiNT, JOHN G.—
Act legalizing grant of ferry license to 202
CRAWFORi), ANDREW J.—
Act refunding money to 244
CRIMINAL LAW—
Act amending section 357G of Code (as to service of
copy of indictment, &c.) 19
Act relieving volunteers, conditionally, from criminal
p rosecutio n s 228
Act for relief of insane convicts 258
Act making resistance to city officer a misdemeanor 68
Act givingone-half of fine to informant in certain cases 59
Act prohibiting buying under false pretenses 43
Act to suppress monopolies 42
See, also, Retailixg.
CUMBY, PLEASANT A.—
Act for relief of 241
DALE COUNTY—
Act repealing act of January 31st, 1861, increasing
pay of jurors 204
DALLAS COUNTY—
Act amending charter of Selma T'T
DEAF AND DUMB—
Act transferring balance of appropriations 72
DEJARNETT, DICEY—
Act authorizing location of land warrant 180
DEKALB COUNTY—
Excepted from operation of section 2447 of Code.... 18
Fees of coujit}' surveyor reduced 205
Act requiring registration of claims against 205
DESIILER, DAVlb—
Act for relief of. 245
DICKSON, SAMUEL L.—
Act authorizing issue of patent to 2.'.4
DIVORCES—
Bobbitt, Rebecca r. from William P '•'!
Cardcn, Phrrbe P. from John D 92
Chambers, Sumantha from Joseph 91
Fouchee, William from Lucy -'1
Kelly, William J. from Sarah Ann 91
Latham, Cornelius C. from Margaret L 92
Norris, Margaret F. from James R 92
Thomas, William S. and Rebecca i^l
282
DRUaGISTS—
Act amending section 980 of Code, (license,) 15
Act for relief of Harwood & Pearson, and of W. J.
Nickols : 261
DURDEN, FRANCIS—
Act transferring jurisdiction of trust estate of 189
EASTERS, MARY C—
Act for relief of. 240
ECHOLS, J. ^.—
Act compensating 230
ELECTIONS—
Act changing time of election for members of Con-
gress 50
Act regulating returns ... . 6i
Act to prevent disfranchisement of volunteers and
members of General Assembly 79
Joint resolution providing for election of successor to
Hon. John Gill Shorter, as member of Provisional
Congress 266
Act to protect elective franchise in JVIobile 216
Act compensating officers in Mobile 220
ESCHEATS—.
Act in relation to estate of Catherine Cockburn 194
ESTATES OF DECEDENTS—
Act amending section 1580 of Code 16
Act amending section 1750 of Code, and authorizing
executors, &c., to rent lands 51
Act regulating compensation of executors, &c 52
Act authorizing executors, &c,, to make loans to Con-
federate States 53
Act authorizing executors, &c., to renew debts 56
Act for relief of executors, &c 235
Act authorizing arbitration 64
Act transferring administration of Rob't Craig's estate. 187
" " " •' MargaretBurns' " 190
" " " " John D. Smith's" 190
" " " " John R. Berry's " 192
Act authorizing sale and distribution of James'Ham-
il ton ' s estate 191
Act -authorizing probate court of Madison to grant
administration on estate of A. A. Acklin 193
Act in relation to escheated estate of Sarah Cockburn. 194
EXECUTIONS—
Act to regulate judicial proceedings, (known as
"stay-law") 33
^83
Acts (two) to amend "stay-law" of Feb. 8, 1861 40
Act amending act of Feb. 18, 1854, exempting wear-
ing apparel from le%^y and sale 67
Act amending special act of 1840, (to secure collec-
tion of rents in Mobile,) and exempting certain
property 218
Act exempting certain counties from operation of
section 2447 of Code 18
EXECUTORS AND ADMINISTRATORS—
See Estates of Decedents.
FARRISS, WILLIS—
Act for relief of 248
FAYETTE COUNTY—
Act amending special act of Feb. 2, 1858, relative to
duties of justices of the peace 205
FIELD, GEORGE—
Act for relief of. 249
FORCIBLE ENTRY AND DETAINER—
Actions of, exempted from operation of " stay-law"
of Feb. 8, 1861 40
FOUCHEE, WILLIAM AND LUCY—
Act divorcinfi: 91
FRANKLIN COUNTY—
Act prohibiting retailing near certain churches 173
Act making La Grange a military rendezvous 185
Act amending and explaining said act 187
Act repealing all laws contravening section 776 of
Code, (relative to levy of county tax) 206
Act repealing parts of special act of Feb. 8, 1860,
regulating pay of jurors 206
FURINAGE, JAMES—
Act authorizing issue of patent to 254
GAME LAWS—
Act repealing act of Feb. 8, 1861, for preservation of
game in Shelb}' county 225
GENERAL ASSEMBLY—
Act fixing time of meeting 49
Act prohibiting constructive mileage 50
Act suspending sections 40-41 of Code, as to unfin-
ished business of called session 13
Act making apjiropriations for 74
Joint resolution for rebel of Witherspoon and others. 268
GOVERNOR—
Act authorizing employment of two secretaries 89
Act authorizing repair of capitol
284
GOVERNOR— (Continued.)
Act authorizing seizure of salt 29
Acts (three) amending and explaining said act 81-2
Act authorizing lease of salt springs 25
Act amending said act 27
Act supplemental to said acts '. 28
Act authorizing issue of State bonds or treasury notes. 12
Joint resolutions complimentary to Hon. A. B.
Moore 267
Act authorizing compensation to be made f«r steamer
Florida 269
GREEiNE COUJSTTY—
Act regulating appointment of road officers 207
GUARDIANS—
Authorized to rent lands 51
Authorized to make loans to Confederate States.. ,. 53
Act regulating compensation 52
Act for relief of. 235
Act amending section 2025 of Code 17
Act ri mending section 2033 of Code 17
Act authorizing Pleasant May to remove property
and rent lands , 188
Act authorizing Wm. H. Coleman to purchase lands
for his wards 192
Act authorizing Wm. H. Rives and A. Martin to in-
vest property of v^ards 19-1
HAMILTON, JAMES—
Act authorizing sale and distribution of estate 191
HARWOOD, ROBERT E.—
Act for relief of 261
HENRY COUNTY—
Excepted from operation of section 2447 of Code... 18
Retailing near Shortersville Church prohibited 174
HELTON, JAMES—
Act for relief of. 250
HOGE, JAMES—
Act for relief of. 254
HOWARD, JOHN P.—
Act for relief of 250
HUDSON, RICHARD—
Act for relief of. 249
HUGGINS, WILLIAM—
Act for relief of. 256
INCORPORATIONS—
See Corporations.
886
INSANE HOSPITAL—
Act amending 14tli section of act establishing 76
Act amending 12tli section of supplemental act 90
Act exempting ofHcera from military and road ser-
vice, and from serving as jurors 180
Act for relief of insane convicts 258
JAOKSOX COUNTY—
Excepted from operation of section 2447 of Code,... 18
JACKSON, W. W.—
Act for relief of 263
JEFFERSOM COUNTY—
Act repealing act of Feb. 8, 1861, changing boundary
line between Shelby and Jefferson 207
Act prohibiting retailing near Bethel Churcli 174
JOINT RESOLUTIONS—
Providing for election of member of Provisional
Con gress 266
Complimentary to Fourth Alabama Regiment 266
Complimentary to Ex-Gov. A. B. Moore 267
For relief of certain members of General Assembly.. 268
Providing for printing and distribution of Military
Code 268
Providing for pirintmg of "stay law," (2500 copies).. 269
Providing for distribution of Ordinances and Con-
stitution 269
Relating to pay of soldiers in Confederate army 270
Authorizing governor to make compensation for
steamer Florida 270
JUDICIAL PROCEEDINGS—
Act to regulate, (known as "stay-law") 03
Joint resolutions providing for printing and distri-
bution of same 269
Acts (two) amending " stay-law" of Feb. 8, 1861 40
Act amending section 2235 of Code, (assignment -li'
breaches in complaint) 18
Act-making transcripts from land-ollice evidence.... 49
Act making certain transcripts evidence 58
Act in relation to debts due alien enemies "'9
Act providing for publication in certain cases t
Act abolinhing rule o{ comilion law, as to merger oi
civil action in felony 67
Act chatiging time of taking up State dockets 71
Act requiring security for costs on clu'mge ol venue 6H
Act regulating practice in admiralty cases in Mobile 21U
Act for relief of V(»luntecrs.. -^-
JURORS—
Act repealing special act of Jan. 31, 1861, increasing
pay of jurors in Dale county > 204
Act repealing, in part, act of Feb. 6, 1860, increasing
pay of jurors 206
JUSTICES OF THE PEACE—
Required to act as road apportioners in Coffee county 202
Act amending special act of 1858, applicable to
Fayette .' 205
Act repealing special act of 1861, applicable to
Rockford 203
KIRKSEY, E. J.—
Act for relief of 261
LAWRENCE COUNTY—
Act regulating pay of county commissioners 208
LAWS—
Act providing for indexing manuscript acts 76
Act providing for exchange with other States.... 71
Joint resolution for printing and distribution of
2500 copies of "stay-law". 269
LAWSON, ANDREW-^
Act for relief of. 250
LEHMAN & BROS.—
Act for relief of..,. 263
LIMESTONE COUNTY—
Excepted from operation of section 2447 of Code ^ 18
LITTLE, MRS. LUCY—
Authorized to erect gates across public road,. 225
LIVINCiSTON, W. B.—
Act for relief of. 251
LOVE, FIELDING—
Act for relief of 250
LYLES, MARION—
Act for relief of 241
MABRY, A. G.—
Act for relief of.> 253
MACON COUNT y—
Act extending corporate limits of Auburn 94
MADISON COUNTY--
Act repealing special road law of 1860......... 208
MAIIERG, JAMES—
Act for relief of 245
MANUFACTURES—
Act to encourage the manufacture of salt 25
Act amending said act. 27
287
MANUFACTURES— (Continued.)
Act supplemental to said acts 28
Act to encourage manufacture of cotton and wool
cards 70
Act exempting from military duty persons employed
in manufacturing iron, munitions of war, &c 73
Act to encourage manufacture of fire-arms and mu-
nitions of war 75
MARENGO COUNTY—
Act amending law relating to public roads 209
MARION COUNTY—
Act amending section 796 of Code 209
MARSHALL COUNTY—
Exempted from operation of section 2447 of Code... 18
Special act of 1858, requiring levy of tax for pay-
ment of jurors, repealed 208
MATTHEWS, W. X—
Act for the relief of. 256
MAY, PLEAS A NT-
Authorized to remove property of wards 188
McMAY, JOHN—
Act for relief of. 261
MILITARY AFFAIRS—
Act providing fund for aid of indigent families of
absent vol u nteers 4
Act excepting counties from operation of said act... 82
Act assuming Confederate war-tax 8
Act relieving volunteers from accounting for clothing. 74
Act for relief of indigent families of volunteers 74
Act to facilitate equipment of volunteers, and for
purchase of arms 78
Act exempting soldiers' property from taxation 81
Act to raise an additional volunteer force for defense,
at)d to resist invasion 82
Act to raise an additional volunteer force 84
Act legalizing action of governor in supplying vol-
unteers with clothing •• ••• 88
Act legalizing appropriations by county commission-
ers for equipment of volunteers 170
Act legalizing imposition of taxes by county com-
missioners for equipment of volunteers 17
Act providing for establishment of medical depot at
Manassas • 231
Act providing for erection of hospital for sick sol-
diers on Potomac ^1
MILITARY AFFAIRS- (CoNxmuED.)
Act authorizing appointment of surgeon for same,.. 184
Act providing for erection of building at Manassas
for clothing, &c 183
Act providing for sick and wounded soldiers at
Florence , 184
Act making Tuskaloosa and La Grange, each, mili-
tary rendezvous , 185
Act amending and explaining said act 187
Act authorizing levj- of special tax in Butler for sup-
port of families of indigent volunteers 199
Act authorizing levj^ of special tax in Cherokee 201
Act repealing act of 1860, to provide for efficient
military organization 78
Act repealing, in part, ordinance of Jan, 19', 1861,
to provide for military defense of State 77
Act repealing 3d section of ordinance of Jan. 26, 1861,
authorizing colonels to appoint staff' officers 77
Act amending section seven, chapter four, of Military
Code 85
Act amending section nine, chapter ten, of same 85
Act amending section three, chapter four, of same... 86
Act suspending section twenty-one, chapter twelve,
of same. .-. 86
Act extending time of making returns required by
chapter five of same 86
Act amending section four, chapter two, and section
three, chapter nine, of same.,.. 86
Act to aid in harbor defenses of Mobile 211
Act amending said act 213
Act providing for manufacture of arms for Mobile... 214
Act amending militia laws of Mobile '. 215
Act for the relief of volunteers criminally prosecuted 232
Act exempting from military duty all persons engaged
in manufacture of munitions of war 78
Act encouraging manufacture of munitions of war... 75
Act for relief of First Alabama Cavalry regiment 284
Act amending said aet 285
Act for benefit of Soldiers' Home at Montgomery
and Aid Association at Huntsville..... t". ........ 232
Act for benefit of Military Aid Society at Mobile.... 233
MOBILE—
Act to aid in harbor defenses of 211
Act amending said act 213
Act amending act for improvement of bay and har-
bor of , 214
289
MOBILE— (Continued.)
Act providing for manufacture of arms for 214
Act to amend militia laws in city of. 215
Act to protect elective franchise in cit}- of 216
Act to suspend, in part, act of 1840, to secure rents
more effectuall}'^ , 218
Act amending act of 1858, regulating practice in
admiralty cases 219
Act reducing fees of notaries 219
Act compensating election officers 220
Act for the relief of certain tax payers 260
MONOPOLIES—
Act for suppression of. 42
MONT^OE COUNTY—
Act authorizing division of county into districts 220
IiIONTGOMERY— "
Act amending charter of city 96
■ Act for relief of citizens of Pine Level 257
Act regulating license for retailing 221
Act providingcompensation for county commissioners 221
MONTGOMERY, A. L.—
Act for relief of. 255
MORGAN COUNTY—
Excepted from operation of section 2447 of Code.... 18
Retailing in Danville district regulated 175
NICHOLS, BENJ. F.-
Act for relief of, (with others) 254
NICHOLS, WM. J.—
Act for relief of, (with others) 261
NOLEN, WILLIAM—
Act for relief of 242
NORRIS, JAMES R.—
Act for relief of. 242
NORRIS, MARGARET F. AND JAMES R.—
Act divorcing 91
NOTARIES PUBLIC—
Act regulating fees in Mobile 219
OTTEN, JACOB—
Act for relief of, (with others) -54
( )WENS, WILLIAM—
Act for relief of 251
PARKER, LeGRAND—
Act for relief of minor heirs of 238
PARKER, TIIOS. F.—
Act for relief of, (with others) -G3
19
290
PEARSON & HOWAUD—
Act for relief of. 26L
PENITENTIARY—
Act requiring lessee to furnish report to inspectors... 19
Act for relief of insane convicts 258
PERRY COUNTY—
Act amending charter of Marion 96
Act prohibiting retailing near Spring Hill Church... 175
PICKENS COUNTY—
Act prohibiting retailing near Liberty Baptist Church 175
Act for relief of tax assessor 243
PORTER, JAMES—
Authorized to erect gate across public road 221
POSEY, JNO. W, AND M. M—
Authorized to vote in Blount county..., 260
POWELL, JOHN—
Act for relief of. 264
PRINCE, 0. H.—
Act for relief of.. 237
PUBLIC LANDS—
Act suspending ordinance relative to waste lands 44
Act providing for carrjdng into effect the fourth sec-
tion of said ordinance 45
Act compensating receivers, and relative to canceled
entries , 45
Act authorizing payments to be made in current bank
notes and treasury notes 46
Act in relation to location of bounty land warrants 47
Act legalizing entries under 36th section of ordinance
relative to waste lands 48
Act relative to lands granted to Central and North
and South Alabama Railroad 48
Acts making transcripts from land-office evidence.... 49
Act providing for index to Register of patents 90
Act authorizing issue of patent to Martha Carrol 180
Act authorizing location of land warrant to Dicey
DeJarnett 180
Act authorizing issue of patents to James Hoge,
JacobOtten,EzraAtteway, James Furinage, James
R. "Wilson, Philip Archer, Benj. F. Nickols, Sam.
L. Dickson, and Thos. W. Williamson 254
PUBLICATION—
Act to provide for, in certain cases., 54
Act exempting certain specified counties from opera-
tion of section 2447 of Code 18
291
RELIEF—
Archer, Philip, (with others) 254
Armisted, W. W 201
Atteway, Ezra, (with others) 254
Bell,W. B. & A. R 262-263
Berry, John R., administrator of. " 192
Blue, i\l. P 76
Bowling, Thos. B 244
Brakelield, Washington 249
Camp, John 257
Cannon, Isaac B 241
Carrol, Martha 180
Carter, Martha L 240
Coleman, William II 256
Cook, Richard F. (with others) 263
Cowan, John G 202
Crawford, Andrew J 244
Cumby, Pleasant A 241
Davis, Benj. B. (with others) 263
BeJarnett, Dicey 180
Deshler, David 245
Dickson, Samuel L 254
Durden, Francis 189
Eastei-s, Mary C 240
Echols, J. W 230
Editors of Montgomery Advertise?- 26l'
Farris, Willis 248
Field, George 249
Furinage, James (witli others) 254
Gordy,"E. II. (with others) 263
Gipson, Tliomas (with others) 256
Ilarwood, Robert E. (and another) ^Cl
Helton, James (with others) 'J",!'
Hoge, James (with others) J54
Howard, John P 250
Hudson, Richard 249
Huggins, William 256
Jackson, W. W. (with others) 2ii3
Johnson, William (with other tax-collectors) 243
Kirksey, E. J 261
Lawson, Andrew (with others) 250
Lehman k, Bros, (with others) 263
Livingston, W. B 251
Love, Fielding /with others') 25iJ
Lyles, Marion 241
292
RELIEF— (Continued.)
Mabry, A. G 253
Maherg, James... 245
Mathews, W. J. (with others) 256
McCoy, Jesse ..'.... 239
McMay, John 261
Montgomery, A. L 255
Moody, R. A 238
Moss.VohnR 239
Mchols, W. J. (with others) 261
Fickols, B. F. (with others) 254
Kolen, William 242
l^orris, James R 242
Otten, Jacob (with others) 263
Owens, William 251
Parker, minor heirs of LeGrand 238
Parker, Thos. F. (with others) 263
Pearson k Howard 261
Posey, John W. and M. M 260
Powell, John 264
Prince, 0. H 237
Riddle, K W 236
Rose, sureties of Wm. F 247
Royer, Wm. 0. (and another, as school trustees) ..... 253
Scogin, A 2.52
Scale, B. F 246
Sherod, administrator of James B 237
Spinks, W. P 247
Walker, William D 252
Warren, Levi F. (with others) 247
White, Griffin 253
White, Pfister & Co 264
Williamson, Thos. W. (with others)....... 254
Wilson, James R. (with others) 254
Wood, Georgia Ann 242
Wright, James M 264
Wyatt. Cornelia J 240
Tax assessor of Pickens county 243
William Johnson and other tax collectors 243
Citizens of Pine Level, Montgomery county 257
Citizens of township 12, range 22, Pike county .... 255
Slaves of A. G. Abercrombie, deceased 259
First Alabama Cavalry regiment 234
Act amending said act 235
Soldiers' Home in Montgomery, and Aid Association
atHimtsville 232
293
RELIEF— (Continued.)
Military Aid Society of Mobile ." 233
RETAILING—
Prohibited near Mulberry Academy in Bibb county 172
Prohibited near Scottville in Bibb county 173
Prohibited near Harmony and Presbyterian Churches
in Franklin county 173
Prohibited near Shorterville Church in Henry county 174
Prohibited near Bethel' Church in Jefterson county 174
Regulated in Danville district, in Morgan county 175
Prohibited near Spring- Hill Church, Perry county,
and Liberty Baptist Church, Pickens county 175
Prohibited near Silver Run Church, Russell county 176
Prohibited near Friendship Church and Academy,
St. Clair count}* 176
Prohibited, conditionally, near Branchville, St. Clair
county 177
Act modifying act of Dec. 17, 1859, prohibiting re-.
tailing within certain limits in Tuskaloosa 178
Prohibited near Presbyterian Church at Lower Peiich
Tree, Wilcox county 178
License regulated in Montgomery count}- 221
Section 1056 of Code amended as to Walker county 229
Act of 1858, prohibiting retailing in Pine Level,
Montgomery county, repealed 257
Act amending charter of Indian Creek Academy,
Pike county, by repealing prohibitory clause 93
Act amending charter of Jasper Academy, Walker
county, by adding prohibitory clause '.'I
RIDDLE, N. W.—
Actfor relief of. 236
ROADS—
Act authorizing erection of gates by county com-
missioners 60
• Act authorizing establishment of private roads 68
Act authorizing erection of gates by Mrs. Lucy Little,
of Sumter county 225
Act of 1860, authorizing construction of turnpike by
Dennis Springer, amended 226
Act exempting ministers of Gospel from road duty
in Walker 227
Act authorizing erection of gates by L. VV. Trawicke,
in Butler 197
Act authorizing the erection of gates by James
Porter, in Autauga 221
294
w .* .
ROADS— (CONTIIs-UED.)
Act requiring justices of the peace in Coflfee to per-
form duties of road apportioners, and making con-
stables liable to road duty 202
Actrepealingspecial road lawsin Conecuh and Monroe 203
Act relative to appointment of overseers and appor-
tioners in Greene, Autauga, and Sumter 207
Act repealing special road law in Madison 208
Act amending road law in Marengo 209
Act repealing special road law of 1858 in Russell 222
Act exempting overseers and apportioners from road
duty in Shelby 224
ROSE, W. F.— ,
Act for relief of sureties of 247
ROYER, W. 0.—
Act for relief of, (with another) 253
RUSSELL COUNTY—
Act prohibiting retailing near Silver Run Church.... 176
Act repealing special road law of 1858 222
Act allowing appeal to county superintendent 223
SALT—
Act to encourage manufacture of , 25
Act amending said act 27
Act supplemental to said acts 28
Act authorizing Governor to seize for public use 29
Act amending 10th section of said act 31
Act amending 7th section of same 32
Act declaratory of meaning of same. 32
SCOGIN, A.—
Act for relief of. 252
SEALE, B. F.—
Act for relief of 246
SECRETARY OF STATE—
Required to procure exchange of laws... 71
Required to have records of land patents indexed.... 90
SECURITY FOR COSTS—
Act amending section 2359 of Code 69
SHELBY COUNTY—
Exempted from operation of section 2447 of Code 18
Charter of Montevallo amended 96
Act repealing act of Feb. 8th, 1861, changing boun-
dary line between Jefferson and Shelby 207
Act repealing special game law of Feb. 8th, 1861... 225
Act compensating election officers 224
295
SHELBY COUNTY— (Continued.)
Act exempting overseers and apportioners from road
duty 224
SHERIIOD, JAMES B.—
Act for relief of administrator of. 237
SIXTEENTH SECTIONS—
Act reviving and extending extension law of I860.... 65
Act relative to debts due township 5, range 22, in
Coffee county , 182
Act authorizing sale' of property of township 16,
range 17, in Montgonierv county 183
Act granting appeal from decision of trustees to
county superintendent 223
Act for the relief of trustees of township 3, range
14, in Franklin county 253
Act for relief of citizens of township 12, range 22,
in Pike county 255
SLAVES—
Act amending section 1023 of Code (runaways) 15
, Act for the relief of A. G. Abercrombie's 250
SMITH, JOHN D.—
Act authorizing removal of administration of estate 190
SPINKS, WM. P.—
Act for relief of. 247
SPRINGEK, DENNIS—
Authorized to construct turnpilje across Sipsie river 226
ST. CLAIK COUNTY—
Excepted from operation of section 2447 of Code 18
Act prohibiting retailing near Friendship Church 176
Act prohibiting retailing near Branehville 177
STATE BONDS—
Act for renewal and extension of. 63
STATE LIBRARY—
Act authorizing exchange of books for 71
STAY^ LAW — See Judicial Proceedings.
SUMTER COUNTY—
Act amending charter of Gainesville 95
Act amending section 499 of Code (compensation of
county commissioners) 224
Act relative to appointment of overseers and appor-
tioners of roads 207
SURETIES—
Act amending sections 2645 and 2649 of Code.. 19
TALLADEGA COUNTY—
Act authorizing levy of special tax 226
296
TAXES—
Act for relief of tax payers and collectors 3
Act to raise revenue from crops loaned, &c 3
Act to provide fund for aid of indigent families of
volunteers '. 4
Act exempting counties from operation of said act 82
Act in relation to tax assessors and collectors 8
Act assuming Confederate war tax 8
Bills. of suspended banks and treasury notes receiva-
ble in payment of, (sec. 6, 7.) , 21
Act authorizing repayment of excess paid by collector 66
Act exempting property of volunteers from taxation 81
Act legalizing imposition of taxes by county commis-
sioners for equipment of volunteers, &c 171
Act authorizing levy of special tax in Butler 199
Act authorizing appointment of collector in Calhoun 199
Act authorizing levy of special tax in Cheijokee 201
Act repealing act of 1858, authorizing levy of
special tax in Marshall 208
Act authorizing levy of special tax in Talladega 226
Act authorizing election of assessor and collector in
Walker ., 228
Act for relief of assessor in Pickens. 243
Act for relief of collectors 243
THOMAS, WM. S. AND REBECCA—
Act divorcing ^ 91
THOMPSON, JAMES H.—
Guardian of minor heirs authorized to purchase lands 192
THREE PER CENT. FUND—
Act appropriating balance of. 41
TRAWICKE, L. W.—
Authorized to erect gates across public road 197
TRESPASS—
Act to prevent commission of. 61
TRUSTEES—
Act for relief of 235
TUSKALOOSA COUNTY—
Act modifying special act of 1859, prohibiting retail-
ing near New Lexinofton 178
Act making city of Tuskaloosa a military rendezvous 185
Act amending and explaining said act 187
WALKER COUNTY-
Act amending charter of Jasper Academy, and re-
pealing act of 1858 to define boundaries of J asper. . . 94
Act to secure payment of fees of circuit clerk 227
297
WALKER COUNTY— (Continued.)
Act exempting ministers of the Gospel from road dutj 227
Act authorizing payment of certain county claims... 228
Act authorizing election of assessor and collector 228
Act amending section 1056 of Code, (retailin"-\ S^'O
WALKER, W.D.— ^^
Act for relief of. 059
WARREN, L. F.— " "
Act for relief of, (with others) 947
WATSON, H. W.—
Appropriation in favor of, (sec. 5.) 9
WHITE, GRIFFIN—
Act for relief of. 053
WHITE, PFISTER & CO.—
Act for relief of. 034
WILCOX COUNTY—
Act prohibiting retailing near Lower Peach Tree 178
Act relative to public advertisements 229
AYILLIAMSON, TIIOS. W.—
Act authorizing issue of patent to (with others) 254
WILSON, JAMES R._ ^ ^ ^
Act authorizing issue of patent to 254
WINSTON COUNTY—
Act dividing county into districts 930
WOOD, GEORGIA ANN—
Act for relief of. 242
WRIGHT, JAMES M.—
Act for relief of. , 054
WYATT, CORNELIA J.—
Act for relief of. 240
298
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