こりぶら PUBLIC AND GENERAL LAWS OF ALABAMA. [No. 1.] AN ACT County Court of Butler To regulate the time of holding the County Courts for the County of Butler. Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That from and after the passage of this act the County Court of Butler County shall be holden on the first Mondays in February and when holden. fourth Mondays in July of each and every year, and continue in session until the business shall be disposed of. Sec. 2. And be it further enacted, That all Writs and process that may be issued at the time of the passage of this act and returnable at a different day are hereby legalized, and the same shall be made returnable on the first Monday in February next, and be of the same effect as if they had been made returnable on said day. Sec. 3. And be it further enacted, That all laws and parts of laws contravening the provisions of this act are hereby repealed. Approved, December 18, 1838. {No. 21 1H- ཁམས་ To change the time of holding the Winter Terms of the County Court of Tuscaloosa Repeal. Winter term Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in Genggembly convened, That the winter terms of the County Court of Tuscaloosa county, of the County shall be held upon the first Monday in February in each and every Cour year, instead of the third Monday in January, as.now required by Golden. law. Tus• caloose when returnable. Sec. 2. And be it further enacted, That all process now returnable to the term of said Court as authorised to be held on the third Process when Monday in January, be and the same shall be held to be returnable to the first Monday in February. [No. S.] Approved, December 24, 1838. AN ACT. To change the time of holding the County Court of Autauga County. Section. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, County Court That hereafter the County Court of Autauga county shall be held of Autauga on the third Mondays in January and July in each and every year; Provided however, that this act, shall not take effect until the first day of March eighteen hundred and thirty-nine. Sec. 2. And be it further enacted, That all laws and parts of laws contravening the provisions of this act, be and the same are hereby repealed.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 24, 1838. when hoiden Repeal 269327 To incorporate the town of Jacksonville, in the county of Benton. Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, Incorporation That the wes half of section thirteen, and the east half of section fourteen, in township fourteen and range eight, east, in the Coosa Land district, be, and the same is hereby incorporated and called the town of Jacksonville. Councillors to Sec. 2. And be it further enacted, That on the first Saturday in February next, or as soon thereafter as the citizens of said Election for town may think proper, ten days previous notice being given, an Intendant and election, by ballot, shall be holden for an intendant and five counbe holden. cillors, at the Court House in said town; and that all white males of the age of twenty-one years, and upwards, who have resided therein three months, next preceding said election, or who shall own real estate in said town, shall be entitled to vote; and the persons elected at said election, shall hold their offices for the term of one year and until their successors are elected and qualified. Sec. 3. And be it further enacted, That the first election under this act, shall be held and conducted by John D. Hone, Jacob ForElections by ney, Aaron Hayns, Fielding Snow, James Black, M. Brown, E. whom holden. S. Smith and J. B. Pendleton, or any two or more of them, notice having been given as aforesaid, in the Jacksonville Republican, or at three or more public places in said town, including the Court House, and all future elections shall be holden and conducted by two or more of the coucillors of said town, or at least two such other citizens of said town, as the council may appoint, like notice being given as required in the second section of this act, and the Intendant and each member of the Council respectively before entering upon the duties of his office, shall take the following oath, before some Justice of thece, (to wit:) I do solemnly swear, or affirm, (as the case may be,) that I will faithfully and impartially discharge all the duties required of me as by the act incorpora ting the town of Jacksonville, so help me God. Sec. 4. And be it further enacted, That the Intendant and Council of said town, are hereby declared to be a body corporate, by the Nane and name, style and description of the Town Council of Jacksonville, tyle. how filled. and by that name they and their successors in office, shall be capable of suing and being sued, pleading and being impleaded, in all manner of suits, either in law or equity, and to have and to keep a common seal, and the same to alter at pleasure, and may purchase, have, hold. possess and employ property, real, personal and mixed, not exceeding the value of twenty thousand dollars; and may sell, lease, or in any manner dispose of the same at pleasure. Sec. 5. And be it further enacted, That if a vacancy in the of Vacancies, fice of Intendant, by death, resignation or otherwise should occur, the same shall be filled by the Council out of their own body, and a vacancy or vacancies in the Council shall be filled by the Intendant and remaining Council; the majority of whom shall constitute a quorum to transact business. Sec. 6. And be it further enacted, The Council shall have power to pass all rules, orders, by-laws and ordinances respecting the sreets, alleys, markets and police of said town as shall be necessary for the peace, security, health and welfare of said town, and to assess a lax not exceeding fifty per cent on the last State tax paid on property of the same kind. They shall have power to appoint pat-rols and define their duties, to assess fines for offences against their by-laws not to exceed five dollars for every offence, to be recoverable before the Intendant, for the use of said town, or before any Justice of the Peace in said town; they shall also have power to appoint a clerk and treasurer, to fix their fees and prescribe and define their duties. taxes. Sec. 7. And be it further enacted, That the Intendant and Council shall not have power to assess a tax upon any Seminary of Not to assess learning, church or religious sanctuary, or to make any by-laws or ordinances repugnant to the constitution and laws of this State, and all such by-laws and ordinances as they shall, adopt, shall be subject to repeal by the General Assembly. Sec S And be it further enacted, That if the Intendant or any member of the Council shall be guilty of any malpractice in office, how fined. Malpractices, he shall forfeit and pay fifty dollars, and for every wilful neglect of duty or malpractice, be removed from office by a vote of twothirds of the members of said Council. Sec. 9. And be it further enacted, That at the same time and Town constaplace of electing the Intendant and Council, there shall be elected able to be etown constable, who shall collect the fines and taxes imposed and le- lected. vied by said Council, and pay the same to the treasurer, and perform. all and singular the duties that may be required of him by said Council; and before entering upon the duties of his office, take and subscribe the oaths now required by law to be taken by other constables To give bond. in this State, and enter into bond with security payable to the Intendant and his successors in office, in such sum as said Council may require and be approved by them, for the faithful performance of the duties required of him under this act, and such by-laws as may be passed by said Council, and shall receive the same fees for his services as are allowed to other constables for like services in this State. Sec. 10. And be it further enacted, That all citizens residing within the corporate limits of said town, be, and they are here- Citizens exby exempt from the performance of road duty beyond the limits of empt from said town, except so far as to keep in good repair the Rabit Town road to the mountain.. road duty. Sec. 11. And be it further enacted, That all laws and parts of laws contravening the provisions of this act, be, and the same are Repeal. hereby repealed. Approved, December 24, 1838. ཕ སྐྱེ རྒྱས་ AN ACT [No. 5.] Permanently to locate the seat of Justice for the county of Pike 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 the seat of Justice, for the county of Pike, be and the same is Seat of Jus. hereby permanently located at the town of Troy, in said county. Sec. 2. And be it further enacted, That the acts of the com tice located. |