V f; . 7 • • • - y
ACTS
of the
CALLED SESSION, 1863,
#
and of the
THIRD REGULAR AlfiuAL SESSION
of the
GENERAL ASSEMBLY OF ALABAMA,
held in the ' c
CITY OIT MONTGOMERY,
t commencing on the
V _
17th day of August and the 2d Monday in^Noyimbbr,
1863.
JOHN" OILY, SHORTER, Governor vintil Deo. 1st, 1863.
I THOMAS H. WATTS, Governor.
' WALTER H. CRENSHAW, Speaker House Representatives.
! ROB ERT JEMISON, Jr., President of the Senat^ until Aug. 34,1863.
MONTGOMERY, ALA.:
8aff0ld & figures, state printers.
1864.
LAWS- OF ALABAMA
ACTS OF THE CALLEDSESSION", ;
A). l.]( ' AN ACT
To Reorganize the Militia 'of* the State of Alabama.
. Sectiox 1. Belt enacted b/f the Senate and House" of .
Jit'iivesr/datives of the State of Alabama,in Gthcral Auseijl- i •
V tf convened, That. each county in the State shall oonsti- °iay 1 *
hue a separate military district, and it .-hull be'the'duty
rf the Governor, as soon as practicable after' the passage
of this act, to appoint a special Aid-.d'o-O'amp in each dis¬
trict who shall be charged with the duties hereinafter'set
forth. ' • -
Sec.' 2. Be it further enadef, That within' four day?
after being- notified of his appointment-, it shall !)e tlie Euumsiation,
duty of each special 'aid to commence the enumeration ■
of all free.white males resident of Iri'A county, .-who 'are
or shall be of the age of sixteen years, and not over sixty
years of age, except'those who shall actually hp. in the
army or navy of .the Confederate States. The enumera¬
tion shall'be by "beats, and shall show the aye and occu¬
pation of each person enumerated, the' number of the
beat in'which'he may reside, and: if any exemption is
claimed, the ground of it. For the purpose of faoilitat1 Aids to appoint
ing the enumeration, the special aid sliall be authorized a"lstilute''■ ■'
to employ three or more assistants, who shall receive for
their seryices cdmpensation at the rate of fifty cents for
each person enumerated by them.. For a failure faith¬
fully to discharge their duties without .a sufficient excuse, Be"1'7 for fai^
to be judged of by the Governor, the assistant enumer-
1863.
4
ating officer shall forfeit all compensation, and shall in
addition be guilty of a misdemeanor, upon conviction of
which, they shall bo fined not less than one hundred dol¬
lars, and imprisoned in the county jail not less* than one
nor longer than nine months, at the discretion of the jury
trying the same. * *
Sec. 3. Be it further enacted, That it shall be the
duty of the special aid within five days "after the enu¬
meration has been completed in his county, ^ to divide
the entire list of persons so enumerated into two classes.
<3ms Ob#. Class number one shall be composed, 1st,* of all persons
under the age of seventeen years : 2d, all persons over
the age of forty-five years : 3d, all officers belonging to
the executive, legislative or judicial departments of the
Confederate States of America and of the State of Ala¬
bama: and 4th, all persons who shall be certified by a
board of surgeons, as hereinafter provided, to be unfit
for service in. the second class hereinafter mentioned, but
■aw* two. f°r service i*1 8aid first class. Class number two shall
consist of all enumerated persons except those enumer¬
ated in class number one, and of such persons in. class
.number one as may choose to enumerate themselves in
class number two, which they are authorized to do. In
all cases of doubt as to the age of parties who may be
Enumerated, the question shall be decided by the special
aid of the county, upon the affidavit of the person whose
age may be in question, and upon such other evidence as
li#u to be m»de. may be adduced. It shall be the duty of the special aid
to file one copy of these lists in the office of the Probate
Judge of his county, and to forward duplicate copies to
the office of the Adjutant General of the militia. The
b#»u to b# con- 8Pecial shall also be empowered when there are but
•oiidated. a few persons enumerated in a particular beat, to incor¬
porate and consolidate two or more adjacent beats into
one, and to define the boundaries of beats when they are
not sufficiently defined or understood, and provided, that
the special aid for the county shall be empowered for the
. purposes of this act, to define said be.it lines, and may
combine the beats when in his judgment the beats so
combined" shall be too small to admit of organization :
Exemption#. Provided further, the Governor may exempt any portion
of the State from the operation o ' thin act, as to the first
class, whenever he thinks propm, and for any length of
time.ho deems fit: And prqvide ' •< oVr, That the per¬
sons composing the first class n< mod <u this act residing
in the first, second and third congressional districts of
5
1863.
the State, be and the same are hereby exempted from
the operations of this act: And provided further, That
nothing contained in the preceding proviso shall prevent
the enumeration of the persons in the first class.
Sec. 4. Be it further enacted, That the special aid in
each county shall, as soon' as he has completed! the' rsan oa'
enumeration and classification hereinbefore provided
for, proceed to organize the two classes of persons so
enumerated, in the manner following, to-wit: He shall
issue writs of election-to the Sheriff, requiring all per-Hectiona-
sons embraceddn class nu.nber two to hold an election,
on a day specified by him, not more than ten days from
the issue of such writs, for a Commandant of the county
corps of the State militia, and also, at the same time
and place, an election for the Commandants of the
Beat squads of the State Militia. He-shall, at the same
time, issue writs of election requiring all persons em¬
braced in class number one to hold an election on a
day specified by him (which shall be a different day
from that on which the election is held by class num¬
ber "two, and not more than ten days from ihe issue of
such writs), for a County Commandant of Reserves,
and also, at the same time and place, an election for
Beat Commandants of Reserves. The election shall be
held in the same manner, and under the same regula¬
tions as govern the election of Representatives in the
lower House of the State Legislature ; Provided, That
no one shall vote at said elections without "the beat in
which he may reside, and no person Embraced in one
class shall be allowed to vote at the election for Com¬
mandants of the other; And provided further, That inTOt^
all cases of a tie, the casting vote shall be given by the
Special Aid for the county. The returns of all el^c-ReturM..
tions hereinbefore ordered, shall be made to the Special
Aid for the county, who shall ascertain and report
without delay, to the Governor the names of the
officers so elected, and it shall be the duty of the Gov¬
ernor to commission the officers so'reported as follows :
Where the number of persons enumerated in either K*ak or (Mux*.
class shall be six hundred or upwards, the command¬
ant shall be commissioned as Colonel; where the num¬
ber shall be four hundred and less than six hundred,
the commandant shall be commissioned as Lieutenant
Colonel; where the number shall be two hundred and
less than four hundred the commandant shall be com¬
missioned as Major; where the number is eighty and
1863, 6
less than, tyrn hundred, the commandant shall, he com¬
missioned as Captain ; whore the nmnher is "forty and
le«s than eighty, the commandant shall he'commissioned
as First Lieutenant; 'where the nmnher is less than
ffltty, tho commandant si a. 11 he commissioned as Second
Lieutenant. Gonnam/dane*' elected hy class nmnher
qne fthull be eomnnVdoucd as officers, of County Re¬
serves, qnd commandants elected l»y class number two
shall be « ommissioiicd as officers in the* State Militia ;
and ifi shall be the duty of the Special Aid in eaclx,
OQimtyi in returffiuy to the Governor the names of the
qfficers elected, h> desiynate t>jie class to which they
bnloyy'r ajud ffiso die number of enumerated persons ot
tliat class en if1 raced in tbe command of each officei.
The officers cleffird, when commissioned, shall be vested
with all the authority ipjwrtaimn.ee to similar rank in
'the present-hub tin system of tlie State. Commandants
Bi«ed°offleefs sljall lie nut ho rim d ' to appoint the norfconiinffisicuied
.appointed. ofiffierft usually appertaining to .similar command^ that
is to say, in commands of captains, there shall be four
sergeants and four corporals : in commands of itrffi
lieutenants, two se rye ants and, two corporals: in eom-
mands pf second lieutenants, on,e sergeant and one ccr-
ppral. *
Suspension of Seo. 5,( Be it J u Biter. enacted, That vffieiiever tlie
military code. , Q-^vemor shall have been advised that the oryaniznti3 m
hffiejnbefoTc provided,, for littve been completed inffiny
county, and* the officers therein elected. Iffive been crw-
•missioned, it-shallf be his duty, within ten days th^re.it-
tyr* tp declare the mili ny ore am mtium theretofore crust¬
ing in'paid county under-the Milhary Code of-Aid .qua
'suspended, and the uffic-ers under said oryanffiations
relievpd frpm their commands duriny the continuum r „ 0
the, present war with the United States, and the officer-,
iivsaid, ory'anizffiionfi shall be subject to all the military
'duties imposed, by cthis'not upon persons of the same
-aye'pith themselves,
^erm, compensa-, $£0. ffi. , Be further enacted, That the -duties of the
o^owmiiltta^rite: spwffi'd aid jn each^fCountv shall uease when he lias ret
tprned to- the Governor the names of the officer'^ fleeted
aft hqrfinbeJTpra provided for, and he shall he entitled to
compensation at the rate of five dollars per day for tkf
time be W5)s tliys employed. For a failure to discharge
the duties, herein imposed upon him with promptness
apd fidelity, without a good excuse to be judged. of by
tho Governor the special aid shall, forfeit aljypmpensa-
7
1863,
tion, and in addition , shall lj>e guilty of a misdemeanor,
upon conviction of which lie shall be punished by fine
of not less than one hundred dollars, and imprisonment
in the county jail of not less- than one month nor more
than nine months, at the discretion of the jury trying
the same.
Sec. 7. lit'it. further enacted, That whenever a va-v&eattcieg
cancy shall occur atnong the beat commandants either of®1®*. '
State'militia or. county, reserves, or when the command¬
ant shall fail or 'refuse to- serve, it shall be the duty of
the county commandant of the class in which' the va¬
cancy occurs, within five days after ascertaining such
vacancy, to issue writs of election filling such vacancy,
giving the same notice thereof as in the first election.
And when a vacancy shall occur in the office of county
commandant of either class, or when the commandant
shall1 fail or refuse to serve, it shall be |he duty of the
Probate Judge of the county to isSue- writs of election
as the special aid was required-to do in the first election,
and in' all cases the offiqers ordering the election shall
give the casting vote in case of a'tie. . , .
Sec. 8. Be it further enacted, That -it shall be the
duty of the commandant of each class in each bea,t to BaatRoiIS'
keep a roll of all persons embraced in their respective
classes, and as persons may "arrive at or 'pass beyond the
ages embraced in their classes, to give notice thereof to
the county commandant, and also to notify the' county
commandant when any person shall move'into or'out of
their respective beats, so that the county commandant'
shall continue a complete enumeration of all persons of
both classes in their respective counties.. And it shall
be the duty of the county commandants of the State cA^adam^?
militia, once in three months, to report to the Adjutant'
General of militia all changes-which may haye occurred
in the State militia of their respective counties since the
last'report.
' Sec. 9,' Beit further enacted, That whenever, in the _ •
- •'» n ' i • •, .1 J'i •. "Goxernor ra&y
opinion of the Governor it shall be necessary, either' to can out militia
repel'invasion.or suppress insurrection, or exe6ute.tlie:
laws, to'call thq State'militia oy* any part thereof into'
active military service,'he shall' be authorized and em¬
powered to do so, and whenever a requisition for either
of these, purposes shall be'made upon him by the Presiq
dent' of the Confederate. States, the Governor, shall' ap¬
portion the number of militia required, among the dif¬
ferent-counties,, jn proportion to the enumerated militia
1863.
8
therein, and make a requisition therefor upon the several
county commandants of the State militia. And when¬
ever the Governor shall .make a requisition, he shall be
and is hereby authorized to make all necessary regula¬
tions as to the mode of calling out the militia and organ¬
izing them into companies, battalions, regiments, brig¬
ades and divisions ; Provided, however., That in all com-
•SdVnd»p- Pany> battalion and regimental organizations, the com-
pomted. missioned officers shall be elected by the men composing
such organizations, and in all brigade and division organ¬
izations, the commanders shall be appointed by the
Governor.
< Sec 10. Be it further enacted, That whenever the
£rrice!eBlB,r militia shall be called into actual service as hereinbefore
provided for, they shall receive the pay and allowances,
and shall be subject to the regulations for the govern¬
ment of the army of the Confederate States of America ;
p«n»itiea for an<^ any mditiaman now being so ordered into service,
Mur». °r who shall fail or refuse after due notice, to enter said
service, or being therein, shall leave the same without
permission, shall be liable to be tried and punished as a
deserter, and subject to all the pains and penalties im¬
posed upon deserters in the articles of war for the gov¬
ernment of the army of the Confederate States.
Sec. 11. Be it further enacted, That the county re-
serves embraced in class number one, under the enume¬
ration hereinbefore provided for, shall be subject to the
. order of the Governor to be employed as a military force
for repelling invasion, suppressing insurrections and ex¬
ecuting the laws, at any point within the county to
which they belong ; or in case of any sudden incursion
of the enemy, in which the county commandant of re¬
serves has not time to communicate with the Governor,
or to await his orders, it shall be the duty of such county
commandant, and without delay, to call out the whole or
such portion of his command as may be necessary ; and
while so actually in service, the reserves shall be gov¬
erned by the regulations which govern the army of the
Confederate States, but they shall not be retained in
service any longer than the immediate necessities of the
case may require.
Sec. 12. Be it further enacted, That the' cadets of the
JMhnMjo* University of the State shall be organized into a military
corps, and made subject to the orders of the Governor,
for any military service within the State.
Sec. 13. Be it further enacted, That there^ shall be &
9
1863.
board of not less than two nor more than three surgeons
for each county, to be appointed by the county, comman-pe¬
dant of militia, a part of whose duty shall be to examine
all persons who claim to be unable to bear arms, and who
• Bhall be sWorn "faithfully, impartially, and without favor,
to discharge their duties. Each member of the board
shall be entitled to compensation at the rate of five dol¬
lars per day during the sitting of the board ; and for the
purpose of classification, as provided by the third sec¬
tion of this act, the county aid shall appoint said board
of surgeons, who shall continue in office until another is
appointed by the county commandant.
Sec. 14. Be it further enacted, That no person shall he coruficat# or
excused from service in the second class on the groundge*^?u,rminM
that he is unable to bear arms, unless he obtain a certifi¬
cate of the board of surgeons to that effect, and the cer¬
tificate shall show whether such person is capable of ser¬
vice in the first class or not, and if he be, he shall enu¬
merate himself in the proper beat of the first class.
. Sec. 15. Be it further enacted, That in case of a failure
to hold an election, or in case an officer elected shall fail Appoiatmeuu
or infuse to serve, the special aid of the proper county e°oct, a£?
shall make the appointment, and report the name and
rank of the officer appointed to the Governor, who shall
commission him as if duly elected.
Sec. 16. Be it further enacted, That any person made mar TOi_
subject to service by this act, may volunteer in the mili-
tary or naval service of the Confederate States, or in any
company authorized by the act of the Congress of the
Confederate States, approved August 21, 1861, entitled
"an act to provide for local defense and special service,"
but shall again be subject to State service when his term
of service as a volunteer shall expire.
Sec. VI. Be it further enacted, That the Governor is voiuntw*.
authorized to receive volunteer companies for such term
and under such organization as he may deem expedient,
which companies shall be subject to his orders.
Sec. 18. Be it further enacted, That the Governor may, voiunuer orgaui.
in his discretion, organize such volunteer companies into "aUoM*
battalions and regiments, in conformity' [with the provi¬
sions of an act of the General Assembly of this State,
entitled " an act to. raise an additional volunteer force
for the defense of the State, and to resist invasion," ap¬
proved 22d November, 1861.
Sic. 19. Be it further enacted, That the members 'of^,
«ucb volunteer companies, battalions and regiments, gub-m»iu*4<*ir.
1863.
10
ffi,militia duty, shall he, subject tp»the enumeration;
, provided for..by this act, precisely as'.if no such compa-.
nies, battalions or regiments'- liad .been formed ; ptnd in,
cas.c .a draft is ordered from, the militia, such members
shall be subject thereto in tho(sanip maimer and to the.
• same extent, as if,the volunteer' company, battalion or
regiment to which they belong had not been organized..
unless, if privates or,.company officers, the company to*
■which they belong, or jf fiejd,01* staff officers, the batta¬
lion or regiment to which - the}' belong, shall - volunteer
ftp the term and service for which such draft is ordered.
►Sec. Lffi. Be it further exacted, That any person subject
ranroad^cmpu.y-to service, in.the second class, who is in the employ of ■
ees, how exempt-^}ie government' of .the Confederate States, or has a con-
• tract with, said .government, pr is employed on any rail¬
road, may he exempted from service under this act, upon
the. re quest of the, .Secretary of. War, naming the em¬
ployee or contractor to 'be exempted, communicated to
the proper commandant, through ..the Governor or other
military officer of the county, ibr such length of time as
may he requested ; and wiien that time expires he shall.'
; take his plape in the class tp Avhich he properly-belongs;
P:rovkh<J, That nothing herein shall he so coustrued'as
to/exempt common laborers or otjier persons in the em¬
ployment of railroads from military duty, unless the Pre¬
sident of .such railroad shall make affidavit that such per¬
sons are indispensable to said, road, and their places can-,
not bp filed by other, persons not.liable to,military dut}-.
Arms, &c., to b? ..."Sec. 21.. Be.it/urther enacted, That in making the enu-
reported. mpration, the-enumerating officer shall note which of the
persons enumerated lias an efficient gun,, and which has.
pot, and \yhiqh of. them will furnish, his own horse, saddle
and bridle, and serve as mounted men, and liis report shall
show these, facts.
Arms,to be fur~-. feEC. jL2. Be d Btct ciu{''fed, That the Governor shah
return'bowUpun-^e,• authorized- to furnish, the commandants of counties,
ished ' . with efficiept guns for all persons reported as having none,.
and the epinmandant shall r.fecpipt for them, and shall dis- -
-tribute thein accordingly ; apd any. .person receiving a
gun under this.section, who shall.fail to return the same
op demand, of the'county comipaudapt,- or other person
authorized by tlie Goverjiqr to depiaiicj. it,, or shall neglect,
tfojctuni spcli-gun to the coipity. or bpat commandant, if-
lie removes out of the State -or. cojuity^sliftffi without, a
sufficient .excuse,, to. be determined by the Qfficer making
atlie. ,depiand, .be. 'guilty'of ^mifdpmeanor,."and,. on con vie-,
11.
1863,
tion thereof, shall be fined and imprisoned at the discre-j
tion of the jury trying the case ; which' last mentioned
commandant shall be responsible- for -the guns, .and bald
them till properly distributed, according'to the directions
of the county commandant. •
Sec. 23. Be it further -enactyl, That the Governor shall Ammunition,
be authorized, as soon as the organisation of the,.two
classes provided for by this,act shall have been comple¬
ted by the commissioning of officers, 'to furnish-the com¬
mandants'of counties with sufficient ammunition for the
use of said two classes ; and the commandants shall disu
tribute it among the commandants of beat, squads, as ne¬
cessity may require, 111 proper proportion, for the use of
the beat squads. , ,
Seg. 24. Be it further enacted, That in order to secure
a speedy organization under this act, it fball be the duty spooni Aids,
of the Senator and Representatives . pf teach c.ounty in,how aPP°iIlted-.
this State during the present session "of thisi General
Assembly, to recommend, in writing, the names of three'
persons in their respective counties, tvho are suitable to
act as special aids in said countries, one of whpm the
Go^Anier- shall appoint as special <aid for the county;
and if the said Senator and Representatives' shall fail or
refuse to recommend, or if the pprsogs recommended by
them shall refuse to serve, the Governor pray appoint
sue}! persons as 'he may phoose, being a resident of tlie
proper county. , , • 1
. Sec. 25. Br it further enacted, That so-much of the s 'sponsion of
military code of the State <f Alabama as is inconsistent < "'v''
with the provisions of this apt, shall he ai\d the same'is
hereby suspended so long as,this act is in force, and tjiis
act shall.become inoperative and void upon a ratification
of a treaty of peace bvtwopg the Confederate ^ States
and the United States. „, , ■ (
t Sec. 26. it. farther unacted, the sum of five Appropriation,
hundred thousand dpllars be, and „t]ie same m hereby
appropriated and placed at the disposal of the Governor,
qf |so mucli thereof as may he necessary] for carrying,
ipto effect the provisions of this act. ,
. Appwed August 29, 1863.
1863.
•12
No. 2.]
AN ACT
Declaring who shall be exempt from. Militia duty in this
State.
Exemption*;
pertons orer 45,
Couatjr Treas¬
urer*; Phyiicians.
Minlttera.
Teacher*.
Section 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly
convened, That the following persons and no others, ex¬
cept persons over the age of forty-five years, shall be
exempt from service in the militia of this State, to-wit:
County treasurers, all physicians who'have been in regu¬
lar practice seven years immediately preceding the appro¬
val of this act, provided that any time that suCh physician
shall have been in the Confederate States or Stato military
service shall be considered as embraced in the time of
said practice, if such physician was a practicing physician
when he entered such service ; all ministers of the gospel
who are now engaged in. the regular discharge of their
duties as such ; all persons who are actually engaged in -
teaching school and have followed as a profession the
calling of teacher for three years next preceding the pas¬
sage of this act, provided that any time that any such per¬
son shall be in the Confederate or State military service
shall be considered as embraced in the time if such per¬
son was a teacher when he entered such service ; also,
one blacksmith in each beat, unless there is a negro smith
working for the public iif said beat, or some man not liable
to conscription, provided that said blacksmith has been
aty police, Eire engaged as such for two years ; the city police and mem*
mp»n e*. ker8 0f chartered fire companies of the cities of Mobile,
Montgomery and Selma, not exceeding the present num¬
ber, provided the foreman of said companies shall make
affidavit that the places of the persons so exempt cannot
be'supplied with negroes, and the names of the persons
so exempt shall be published three times in the newspa-
. per having the largest circulation in the place where said
Penitcatarp offl- fir© company is located ; the officers of the Penitentiary
mtoaw^or*1 Alabama ; the general administrators of counties who
have actually been in office and service five years immedi¬
ately preceding tlie approval of this act; necessary finan¬
cial or produce agents of the Confederate States, so long
as they are required by the Confederate government to.
continue the business of such agency; necessary millers,
the Governor shall determine who are necessary millers,
if appeal is taken to him ; the necessary superintendents,
conductors, master machinists and engine drivers of all
Blacksmith In
each beat.
Cbnfed. ifent*.
XaUroai***.
Viejtm.
13
1863,
railroads actually running ; the necessary pilots, captains, offl*
mates, clerks and engineers of all Bteam boats plying the
waters of this State, while actually serving on such boats;
the cashier, discount clerk and deposit clerk of each bank Bonk.,
in this State in actual operation; all overseers who are, 0TerMW8-.
or shall be exempted or detailed under acts of the
Confederate Congress, so long as they may be 'exempted
or detailed as such p one owner and one, machinist of all Foundries
brass andiron foundries ; and such other persons as the*
Governor shall specially exempt, and no exemption in special,
any case can be made except fof State or public purposes;
Provided, however, that all persons thus exempted shall
be enumerated and subject to service in the first class or
county reserves. •
Sec. 2. Be it further enacted, That any person who ^ m&korB.
makes as much as ten bushels of salt per day on his indi¬
vidual account, or on account of a company or partner¬
ship in which he is concerned, who shall in good faith
sell whenever he can do so for Confederate or State trea¬
sury notes, the salt he makes or causes to. be mad^, in
quantities called for by purchasers at a price not exceed¬
ing fifteen dollars per bushel, shall be exempt from ser¬
vice in either class ; and any person engaged or concern¬
ed in any way or to any extent in making salt, who, or
any of whose associates in making salt shall sell or ex¬
change, or permit to be sold or exchanged, for anything
. whatever, salt, exceeding fifteen dollars per bushel, shall
be subject to enumeration and service in the second class,
whether he be under or over forty-five years of age, or a
citizen of this State or not: Provided, but one person
making salt for a company shall be exempt under this act.
Approved August 29,1863.
No. 3.] AN, ACT
To aid the Confederate Government'in arresting Desert-
era and others.
Section 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama, in General Assembly
convened, That it shall be.the duty of all persons in each
county of this State to give any information in his or her
possession which may lead to the an est and return to
1863.
14
duty of any person in the military service'of the Colifed-
' erate States, to the county commandant, or to the nearest
' commander of a military post, or force, without delay.
• commandants, Sec. 2. Be itfurther enacted, That'it shall he the duty
^Cr't'e^am'fit '''' -of the county commandants, atid of civil and military
officers in their county, to cause the arrest of all persons
tvho are in the military service of the Confederate Stages,
wlio are improperly absent from their commands; and
for these purposes, and to prevent the escape of any such
person, all needful force, and the needful military power
of the county, may lawfully be employed;
Sec. 3. Be it further enacted, That.any citizen or nam-
Citizens may ^er of citizens may arrest any person not belonging to
arrest. the county, who is a soldier or enrolled conscript, and
whodias not proper evidence of his authority to- be Jib-
sent from his proper post or command: and to confine
such persons securely, or deliver him to the commandant
of the county, or the nearest commander of a military
post or forces.
Officers .westinr ^EC- 4. Be it further enacted, That when a person 'is
icreport. ' arrested and confined, and-not delivered to the proper.
Confederate military authority, the county commandant,
or other officer or person-making the arrest, shall deliver
the person so arrested, and give such information con¬
cerning the person arrested as he has to the commander
of the military department in which the arrest was made, "
or to the commander of a military post, or force, if there
be one nearer the place of confinement, than the depart¬
ment commander, without delay.
Sec. 5. Beit further enacted, That the county comman-
commandants to dant shall keep a roll of all persons "arrested in his county
port monthly.rc by him, or reported to him, showing the date of the
arrest, the organization to which the person arrested
belongs, the grounds of the arrest, the disposition of the
person aiWsted and the expense attending the arrest,
and the "return or discharge of such person ; and shall
furnish the adjutant general of militia with a copy there¬
of as a part of his monthly report.
Sec. 6. Be itfurther enacted, That all persons arrested
retuniedSto'c<° by the county commandant, or by any other person, and
mand, &e. delivered over to him, who are in the military service of
the Confederate States, and are improperly absent from
their post, camp), or command, slinll be returned by the
county commandant to their proper place, or disposed of
as may be directed by the department commander or the
commander of the nearest military post or force at the
?l5 •!&&.
expense of the State; tklVall necessary expenses -bf',the
arrest ami-detention shall be paid by the State.
Sec. 7. Beit farther enacted) Thdt if any person in this penalty for imr-
State shall knowingly and wilfully feed, harbor, secrete,b,jrul°-
or* aid to escape, any deserter or straggler frOiu tlfe ariny
or navy of the Confederate States, or from any (.'atrip of
instruction, or shall, knowing!/ and Wilfull/ teed, haf-
bot', seCrete, of aid'to escape, any spy of other* enelny of
the Confederate States, hp shall be guilty of felony4, and
on'conviction thdredf Shall suffer suchqmftishhient -as the
-jury trying tho case shall by their verdidt impose. 1 ' ■
Seo/x. Be it further enacted. That* it 'shall Ire the duty „ .
, -l . i /• n -w ,v i '7r«Militia officers to
ot the county commandant, and ot all militia orhcera of *1.1 enrolling ota-
his county, to aid the enrolling officer^ of the Oonfede- '
'rate States fn arresting persons liable to dottsdriptibil,
and in enforcing the conscription laws .Whenever1 requit¬
ed, in writing, by ahy such 'enrolling officer; and'such
military force may fie employed'for these purposed as
shall he necessary. ' _ .
Sec. • h. Be it farther encvctfdfaYikt any pdrsoii ar his ted Jails to be used,
•under the provisions of this act, may he confined in the
county jail, or in any other 'place of security, until other¬
wise disposed of. '
"Sec, 10. Be it farther ■ charted, That-if any p"erdt>n' or IVn.llti^for
officer who is required to perform a duty by this aci;, failure. t
shall wilfully'and knowingly're-fuse or fail to perform tlie
same, he shall be guilty of a misdemeanor, arid subject to
indictment therefor,1 and on conviction thereof sliall.be
fined hr imprisoned at the discretion of the jury1-trying
the. case. . ' . t
SeO; "XI- Be it farther endctbd,)'That the Governor shall militia ordered
fie authorized to order but the. militia of aity county or to°!w^her?oimty
Counties in this ^tate for the purpose of arresting desert¬
ing or .straggling soldiers-, or spies or traitors, in any oth-
er county of tin? State. ■ 11 :
Seo,'12-. Beit farther enacted, That for "the purpose ^Appropriation,
paying the expenses that mUy.be' -incurred nude,r, this
act, the sunt of one hundred'thousand, dollars, or so 'much
"thereof as is necessary, is hereby appropriated out of any
fnofiey in the State treasury not otherwise appropriated.
/Approved August 29, 1863. '
H63. U
No. 4.] AN ACT
In relation to working on Public Roads.
Section 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly
convened, That all white male persona between the ages
of sixteen and fifty years shall be liable to work on pub¬
lic rpads.
Sec. 2. Be it further enacted, That all male white per¬
sons between the ages of twenty-one and sixty years of
age, shall be liable to appointment as overseers of public
roads.
Xefroe* u »o-eo. Sec. 3. Be it further enacted, That all male slaves and
free negroes between the ages of fourteen and sixty years
shall be liable to work on public roads.
t°rce- Sec. 4. Be it further enacted, That the same laws now
governing roads, shall in all other cases be applied to
this act.
Approved August 29, 1863.
Bmd working
ag« 10 to 60.
Orernoem 31 to
W.
No. 5.] AN ACT
To contribute to the support of the families of Soldiers
in the Military service from the State of Alabama.
Appropriation. Section 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly
convened, That the sum of one million of dollars be and the
. same is hereby appropriated for the support of the indi¬
gent families of soldiers who are now in or may hereafter
enter the military service of the Confederate States from
the State of Alabama, or who may be in the military ser¬
vice of this State, to be distributed in the months of Oc-
Wheu distributed tober, November and December next, one-third in each
month, under the provisions of an act entitled "An act
to provide for the support of the indigent families of sol¬
diers in the army of the Confederate States from the State
Provigo. of Alabama/* approved 12tli November, 1862 : Provided,
That-no family of any substitute that has been, is, or shall
be in the military service, shall be entitled to any of the
bone/its of this act.
Sec. 2. Be it further enacted, That if any judge of pro¬
bate, commissioner or agent employed in carrying out the
IT
1863.
provisions of this act, shall appy any of the funds or arti¬
cles which may come into his hands to his own use, he
shall be deemed guilty of embezzlement.
Sec. 3. Be it further enacted, That if the unappropri¬
ated funds in the treasury should be insufficient to meet pernor author,
this appropriation, the Governor is hereby authorized to neasuVNotw.
use treasury notes of this State, which have been or shall
hereafter be issued, redeemable in treasury notes of the
Confederate States. • '' •
Sec. 4. Be it further enacted, That if any agent or offi¬
cer who may be entrusted, with the distribution of the?®°alty for fail"
funds appropriated for the benefit of the indigent fatni-
lies of' soldiers, shall wilfully fail to make an equal and
impartial application of the same, he shall be subject to
indictment^therefor, and on conviction, shall be fined not
less than one hundred dollars, nor more than five hun¬
dred, and shall be imprisoned in the county jail not less
than six months. ,
Sec. 5. Be it further enacted, That the indigent families Famines of de-
• <jf deceased soldiers, and those discharged soldiers who bencflcifriM0"
are incapacitated for physical labor on account of wounds
received and permanent diseases contracted, in the ser¬
vice, be and are hereby made beneficiaries of this act.
Approved August 2i), 1863.
No. 6.] AN1 ACT
j
To provide Salt for the indigent families of Soldiers in
the State of Alabama and for other purposes.
Section- 1. Beit enacted by the Senate ancVHouse of Rep¬
resentatives of' the State of Alabama in -General Assembly
convened, That all the . salt manufactured in this State, Famines or «6i.
for and on account of the State, and all that is or shall laitfeand°
be delivered from leases of the saline lands and works of a* p^e.'
the State,, and all otherwise acquired by the State, or so
much thereof as shall be necessary to supply the wants
of indigent families of soldiers from this State, who are
or shall be in the military service of the Cqnfederate
States, shall be distributed among all such families in
proportion to their .respective wants','at "such price as*
shalljbe sufficient to cover the cost of production and
transportation and apy incidental expenses : Provided, j^ach flmcmbar
however, That no family shall be entitled to a greater of family.
3
1863.
18
quantity than twenty-five pounds for each member of the
family: And'provided,, further That neither the families
No salt to de- of deserters, nor of persons who are or shall be substi-
tutM™0' 8UbRti' tutes in the army of the Confederate States, shall be en¬
titled to the benefits of any of the provisions of this act.
Sec. 2. Be it further enacted, That if any salt derived
by the State from the sources mentioned in the first sec-
How surplus salt tiou of this act, shall remain after the distribution pro-
shall bs disposed for jn gaj(j secti0n, it shall be distributed among
the citizens of the State in the manner and upon the
terms now provided by law.
Sec. 3. Be it further enacted, That it shall be the duty
of the Governor to cause all the salt derived from the
Duty and power sources specified in the first section of this act, to be dis-
0f the Governor tributed as provided by this act: and full power is here-
under t !s ac. conferred npon him to do all things necessary to effect
the distribution provided for : Provided, however, That
no discrimination shall be made under this act, or un¬
der any other act, in relation to the indigent families of
soldiers from this "State, against the poor families of sol¬
diers who would be destitute if they did not work, or
who avoid destitution as far as they can by their indus¬
try ; but every such family shall share in the benefits of
this act^and all other acts of force conferring benefits on
indigent families of soldiers from this State.
• Approved August 29, 1863.
No, 7.] AN ACT. "
To amend an Act entitled "An Act to amend the Revr
enue Laws of this State," approved.December 9th,
1862.
Section 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 amend the rev-
•enue laws of this State," approved December 9th, 1862,,
be,and the same is hereby amended in the following re-
.■ how amended, gpects, to-wit1st, in subdivision number 19, of section 2,
pf said act, strike out the word " ten" and insert in lieu
thereof the word "two"; 2d, add to the end of'section 7,
proviso. '• of said act, the following proviso : " Provided fufther,
That no tax laid on the various kinds of property eBb
19 1863.
braced by tbi8 section by any court of county commis¬
sioners shall be collected."
Approved August 29,1863.
No. 8.] AN ACT
To. prevent the Distillation of Potatoes and Peas.
Section 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly
convened, That the provisions of an act entitled " An Act
to prohibit the distillation of grain in the State of Ala=
baman except under the direction or authority of the
Governor,", approved December 8th, 1862, shall be and
are hereby made 'as fully and completely applicable to
potatoes and peas as they are to grain. ,
Approved August 29, 1863.
No. 9.] AN ACT
To. repeal that portion of the Revenue Law which re¬
quires the tax collectors of the, several counties of this
State to furnish the tax payers a schedule of, the pro¬
perty upon which tax is paid.
Section 1. Be it enacted by the Senate and House of Rep¬
resentatives, of the State of Alabama in General Assembly Reiiering tax eoi-
convened, That so much of the revenue-law of the 18 th uindut^ *cor"
section & requires the tax collectors -of this State to fur¬
nish the several ,tax, payers schedules showing the items
of taxation upon which tax is paid, be and the same is
hereby repealed.
Approved August 27, 1863..
No. 10.] AN iCT
To prevent the Distillation of Molasses and' Sugar.
' *
Section 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly Penalty
1863.
20
convened, That it shall not be lawful for any person dur¬
ing the existing war to distil or convert into*intoxicating
liquor any molasses or sugar ; and any one, violating this-
act, shall be subject to indictment, and upon conviction
shall be fined not less than one thousand dollars, and im¬
prisoned not less than six months, one-half of said fine to
bd paid to the informer and the other half to the county
in which the conviction is had.
Sec. 2. Be it further enacted, That on each conviction
fro or solicitor, under this act the solicitor shall be entitled to a fee of
fifty dollars, to be taxed in the bill of costs and paid by
the defendant.
Approved August 27,1863.
No. 11.] AN ACT
To require all persons to pay "taxes in the county where
the property is located in- certain cases.
Section 1. Be it enacted by the Senate and House of Bej>
whoro taxes must resentatives of the State of Alabama in General Assembly
i)« paid. convened, That all persons who have been declared by
acts of the Legislature, liners, and made citizens of coun¬
ties other. than the county in which they live, or their
houses are situated; shall pay their State and county taxes
on slaves and other property in the county in which such
property may be held and located at the commencement
of the tax year.
Sec. 2. Be it further enacted, That all laws and parts
Repeal- 0f laws in conflict with this act, be and the same are here¬
by repealed.
Approved August 27; 1863.
No. 12.] AN ACT
i i
To* authorize Circuit Judges to hold special terms of the
Circuit Court in .certain cases.
Section 1. Be it enacted by the Senate and House of Bep-
judgo may holdresentatives of the State of Alabama in General Assembly
wnoour™ C'r convened, That section 13-4 of the Code of Alabama, be
and the same is hereby amended so as to authorize the
21
1863.
judge of a circuit in which there may happen a failure to
hold a term; to make an order in vacation for a special
#term to be held for the disposal of the business of the
court, and to direct the clerk of the court to publish no¬
tice of the time when the court will be held, in a news¬
paper in the county, if there be one, or in an adjacent
county, if there be none in the county where the term is'
to-be held.
Approved August 27, 1863.
No. 13.] AN ACT
To amend section 1934 of the Code.
Section 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly
convened, That section 1934 of.the Code of Alabama, he^emimon^ot
and the same is hereby amended as .follows, to-wjt} add administrator;,
to the end of said section, "No suit which has been or
may be brought by any such executor or administrator in
any court iii this State, shall be abated, barred or affected
by any appointment of an administrator in this State
made after the commencement of such suit." ^
Approved August 27, 1863.*.
No. 14.] AN ACT
Supplementary to an act to .authorize the Confederate
• States to purchase and hold in Alabama a site for Rol¬
ling Mills, Foundry, <fcc., for the manufacture of ord-
'nance, &c., approved November 17, 1862.
Section 1. Beit enacted by the.Senqte and House of Rep-
resentatives of the State of Alabama in General Assembly f6r
convened, That the government of the Confederate States
' or the proper department thereof, for the use of the Con¬
federate States or the Congress thereof, shall have- per-
. mission to exchange any land or part-thereof, in the city
of Selma, bought from Philip J. Weaver-and from other
parties, for other lands contiguous or near thereto : Bra
vided,.that the lands so obtained, together with all other
lands purchased and owned' by the Confederate States
under the act to which this is a supplement, shall not
,1863.
22
exceed the quantity limited by said act " to authorize
the Confederate States to purchase and hold in the State
of Alabama a site for rolling mills, foundry, &c., for the*
manufacture of ordnance, &c., approved November 17,
.Hwlgndgmajr 1862/'
bo eondomnedfor Sec. 2. Be it further enacted, That whenever, the gov-
gove?nm«nthe ernment of the Confederate States or the proper depart¬
ment or representative thereof and the owner of, lands
proposed to be bought to increase the site already ob-
■ taiiied, cannot agree upon the price' to be paid for such
land, or whenever the owner shall refuse to sell, or shall *
be unsound mind, or an infant, or whenever the title to
the same shall be in doubt or litigation, it shall be lawful#
for said government or the proper department or repre¬
sentative thereof to condemn said lands for the use of
the Confederate States forever, in the manner following :
The officer in charge of the foundry, &c., shall make ap¬
plication in writing 'to the sheriff of Dallas county to
have said lands condemned, describing them with par¬
ticularity, and stating the names of the owners or party
in possession ; and the sheriff shall thereupon summon a
jury pf seven disinterested freeholders, a majority of
whom shall be authorized to assess the value of the prop¬
erty, after having been sworn by the sheriff to do so
fairly and to the best of their judgment, and shall return
■ their award or assessment by the hands of the sheriff to
the clerk of the circuit court of Dallas county, who shall
make a record of the same and of all the proceedings, to
be furnished' him by the sheriff; and this assessment
shall be final: Provided, however, that ten days' notice
shall have been given in writing to the owner'of the
land, or to the guardian of the owner, if he be an infant
or of unsound mind of the time and place appointed for
the jury tp make assessment as aforesaid; or in case the
property. be in doubt or litigation, twenty days' notice,
by some newspaper published in the city of Selma, to
all persops interested'to appear before said jury at the
time appointed and at a place on or convenient to said
•land and designated to attend the assessment.
f^cTwhwothe Sec. 3. Be it, further enacted, That upon payment to
owner is of un- the owner,'or his guardian in case he be of unsound
sound mind, or . P . "P . , i» • i
an infant, kc. mind or an infant, of the amount assessed as aforesaid,
k or upon tender thereof, the title to said land shall there¬
upon' vest in the Confederate States; and in case the ow¬
ner be a married woman, living separate from her hus¬
band, the payment or tender to her shall be sufficient;
23
1863.
and in case the title to the land'be in litigation, or the
officer in charge as aforesaid have just reason to believe
the title to the same to be in doubt, then payment to the
judge of probate of the county shall be sufficient to vest
the title as aforesaid, and said judge shall hold the same
for the benefit of the party eiititled thereto, and under
the protection of his official bond, _ coats.
Sec. 4. Be it further enacted, That the costs.in the fore¬
going prhceedings shall be the same as are now pre¬
scribed by law for similar proceedings, to be paid by the
Confederate States, and that upon compliance with the
foregoing provisions, the Confederate States shall have
power by the officer commanding the foundry, to enter
upon and take possession of the land thus condemned. *
Approved August.27, 1863.
No. 15.1 AN ACT
To fix the pay of members and officers of the General
Assembly.
Section" 1. Be it enacted by the Senate and House of Hep-
resentatives of the State of Alabama in General Assembly diem and miio-
convened, That after the present session of the Generalage-
Assembly, the per diem and mileage of the members and
officers of the General Assembly shall be increased fifty -
per cent, on the amounts now allowed by law. This act
to cease to be in operation after the war now existing is
closed. • \
Approved August 29,1863.
Noi 16.] AN ACT
Appropriating Twenty-five Thousand Dollars to pay the
members and officers of the present session of the Gen¬
eral Assembly.
Section 1. Be it enacted "by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly
convened, That the sum of twenty-five thousand dollars
be appropriated out of any money in the treasury not
otherwise appropriated, to pay the members and officers
of the present general assembly,
Approved August 26,1863.
1863.
24
No. 17.] AN ACT
To increase the fees of Jailors for victualing prisoners.
price increased " Section 1." Be it enacted by the Senate and House of Rep-
' pesentatives of the State of Alabama in General Assembly
bly convened, That from and after the passage of this act,
the jailors' fees, as to matters hereinafter specified, shall
be as follows, viz : for victualing each white prisoner, one
dollar and twenty-five cents per day ; for eagh slave or
free person of color, one dollar per day, in lieu of the
•fees now allowed by law for similar services.
Sec. 2. Be it further enacted, That this act shall be
continued in force no longer than the continuance of the
present war. ' •
Approved-August 27, 1863.
No. 18.] ' AN ACT."
To pay for the hire of servants for the General Assembly
during the present session.
■Section 1. Be it enacted by the Senate and House ofRep-
c|'htyPtwoGdoi- pesentatives of the State of Alabama in General Assembly
iafs. "' 'l)ly convened, That the Secretary' of State be and he is
hereby allowed the sum of eighty-two dollars to "pay for
servant hire during the present session of the General-
Assembly, and that the Comptroller of Public Accounts
is hereby authorized and required to draw his warrant on
the State Treasurer, in favor of the Secretary of State,
for so much thereof as is necessary for the purpose stafed,
to be paid out of any money in the treasury not otherwise
appropriated.
Approved August 29th, 1863.
No. 19.] ,AN ACT
For the relief of securities who have paid money for
their principals.
# Section 1.- Be it enacted by the Senate and House of Rep¬
resentatives of the State cf .Alabama in General Assembly
25
1863.
convened, That in all cases where a judgment has been judgment against
or may be hereafter obtained by a creditor oh a demand principal to be
to which there is one or more securities, it shall be lawful rffe "ecu*
for the security or securities to pay the said demand, and
it shall be the -duty of the plaintiff in the judgment, his
agent or attorney of record, when the1 payment is
made to assign such judgment to the security or securi¬
ties paying the money, who shall be allowed to collect the.
same with interest and cost in the name of the. plaintiff f
for their use, and to assert in law or equity any lien of
right* against the principal debtor which the plaintiff,
could assert if the debt had not been paid : Prbvided,,
however, that in every such • case the assignee or trans- To receive like
feree of the judgment shall be and is hereby, bound tokindQfcurrency-
accept or receive payment of it in the same kind of' cur¬
rency which he may have paid for it.
Approved August 29, 1863.
No. 20.] ' AN ACT
To provide for prosecuting and defending suits for per¬
sons of unsound mind.
Section 1. Be it enacted by the Senate and House of. Rep¬
resentatives of the State of Alabama in General Assembly May bring suit by
convened, That hereafter every idiot, lunatic, of othernext fdend-
person of unsound mind, may bring suit or other proceed¬
ing at law or in equity, by a next friend, when there is.no
guardian in this State of such idiot, lunatic or person of
unsound mind; and if, upon the termination of such suit
or proceeding on estate or property of any kind be recov- Property to be' .»
ered for the idiot, lunatic or person of unsound mind, the ^ranrjda°ver t0
same may be delivered or paid over to any guardian who
may have been in the meantime appointed, or who may
afterwards be appointed.
Sec. 2. Be it further enacted, That, if, pending the suit
or proceeding such guardian be apjtointed, the same may Guardian substi-
continue by substituting his name for that of the next tut*d'
friend ; ancf if the mind of such person "of unsound mindl
be restored, such suit or proceeding may progress in his
own name. > , «
Sec. 3. Be it further'enacted, That when a party to a ■
■suit or other proceeding in chancery, is alleged, to be ofbHe^veid- ™^
unsound mind, and to have lio legal guardian, such party <»an ad num.
may be brought into, court, by service of process upon
1863.
26
him or her personally ; and a guardian ad litem shall be
appointed for such person, as in case of infants over four¬
teen years of age, who fail to select or nominate a guar¬
dian ad litem.
Approved August 29, 1863.
.No; 21.] ' AN ACT
To authorize Probate Judges to impress provisions in
certain cases.
Section 1. Be it enacted by the Senate and House of Bep-
when and how resentaiives of the State of Alabama in General Assembly
may" made. convened, That whenever any commissioners court in this.
State shall determine to purchase supplies for the desti¬
tute families of soldiers • instead of distributing morfey,
the probate judge shall. be authorized to purchase the
same ; but in the event that he cannot do so, he is.hereby
authorized to impress any provisions that may be necessa¬
ry for the purpose above specified and pay for the same
just compensation, to be ascertained in the mode and
under the rules mentioned and laid down in the act enti¬
tled J" Ah act to provide for the public safety," approved
October -31st, 1862, and the act entitled " An act to amend
an act to provide for the public safety," approved Novem¬
ber 17th, 1862, for ascertaining compensation for proper¬
ty impressed under said acts, making the necessary
changes in said acts so as to make them applicable to the
, cases contemplated - by this act. The iudge of probate
l'owors conferred. ,. ' ■Jr . . J: . j f . ,i
m relation to arriving at compensation, may do what the
Governor is authorized by said acts in relation to arriving
at compensation; provided, the • provisions absolutely
necessary for the support of a person's family shall not be
impressed under this act.
-Approved August 2^ 1863.
No. 22:] AN. ACT '
. To regulate the toll of Grist Mills in this State. ,
. Section 1. Be it enacted by theSenate and House of Bep-
resentatives of the State of Alabama in General Assembly
27
1863.
convened. That from and after the. passage of this act, Toll t0 be
no owner or employee of any steam grist mill or other
grist mill in this State, shall take or receive as toll, or
otherwise, for grinding grain of any description more
than one-eighth of the grain ground.
Seb. 2. Be it further enacted, That if any person shall, ,
violate the provisions of the first section of this act, he p*nsUJr'
or she shall be guilty of a misdemeanor, and or convic¬
tion thereof, shall be fined in any sum the jury trying the
case may assess, besides being liable to the penalty pre¬
scribed by section 1111 of the Code of this State-i
Sec. 3. Be it further enacted. That all special and. gen-
eral acts-of the General Assembly of this State, in con- repealed^ ■
flict with the provisions of this act, be and the same are
(hereby repealed.
Approved August 29,1863.
No. 23.]. AN ACT
To provide for the printing and distribution of the Acts of
. the present extra session of the General Assembly.*
Section 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly &cmo 01 printiDe>
convened, That within five days after the adjournment of
the present extraordinary session of the General Assem-^
.bly, it shall be the. duty of the Secretary of State to de^
liver to the State printers copies of all the' acts passed
at said session, to be printed, stitched and trimmed in
pamphlet form, at the earliest practicable moment, and
delivered at the office of the Secretary of State.- . /
Sec. 2. Beit further enacted, That on the delivery to How Acts are t<}
him of the requisite number of copies of said acts, so *>a distributed,
printed, stitched and trimmed, it shall be the duty of the
Secretary of State to transmit by mail, pr some oth§r ex¬
peditious and safe conveyance to the probate judges of
the respective counties of the State, the number of copies,
to which each- county is now entitled under the law regu¬
lating the printing and distribution of the acts qnd jour¬
nals of regular -sessions, of the Legislature.
• Sec.'3. Be it further enacted, That,-the printing of the
journals of the Senate and House of Representatives hej^^g^^ri
dispensed with until the next regular session of the Gen¬
eral Assembly, and that they be embodied in and printed
1863;
28
with the journals of that session at the regular time of
printing said journal.
Sec. 4. Be it further enacted That for the purpose of pre¬
serving in a more durable form the acts of the present
extra session, they shall be embodied in and printed with
the acts of the next session of the Legislature.
Sec. 5. Be it further enacted. That the sum of three hun¬
dred dollars, or so much thereof as is necessary, be and
the same is hereby appropriated to carry into effect the
provisions of the second section of this act, to be drawn
by warrant of the Comptroller on the State Treasurer
in favor of the Secretary of State, on the certificate of the '
latter, officer that said sum or any part thereof, has been
expended by him in carrying out the provisions of the
second section of this act.
Sec. 6. Be it further enacted, that he Comptroller is
o&Se°rotaryhefeby authorized -to draw his warrant on the State
Treasurer in favor of the Secretary of State, for the sum of
one hundred and fifty dollars for reading the proof sheets
and superintending the printing the acts of the present
session, for placing marginal notes and preparing an
index for , the same, and attending to the distribution
thereof.
Sec. 7. Be it further enacted, That fifteen hundred ex-
Miiiury laws to tra copies of the laws passed at the present session upon
rateiymtod the subject of the military and militia, shMl be printed
at,the same time and under the provisions of this act,
eighth undred copies of which shall be delivered to the
Adjutant General, for his use and distribution in execu¬
ting the law, two hundred copies to be deposited in the
office of the Secretary of State, and the balance shall be
distributed by mail to the members of the General As-
senibly.
' Approved August 29,1863.
No. 24.]. " AN ACT
To amend " an act to provide for the reorganization' of
the State Penitentiary.
•
Section 1. Be it enacted hp the Senate and House qf Bep-
IZTcrtpuotsteii resent atives of the State of Alabama in General Assembly'
not be guards, convened, That the proviso contained in section 4, of an
act entitled " an^act to provide for the reorganization
Acts to be re¬
printed.
Appropriation
for hostage, &c.
29
1863;
of the State Penitentiary," .approved Dec. 5, 1862, be
and the same is hereby amended so as to make it read ,
as follows, to-wit: " Provided, that none of the guard, ex-,
cept the sergeant thereof, shall be filled by persons eubi
ject to conscription under the acta of the Congress of
the Confederate States,
Approved August 29,1863.
No. 25.] AN ACT
For the benefit of the Widow and children of Philip
McGuire, deceased.
Section 1. Bs it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly
convened, That Jeremiah Efogan, 'the administrator pfAdminsitrator
Philip McGuire, deceased, ■ or any successor in the ad-
ministration of the estate of said McGuire, be author¬
ized to invest such an amount of Confederate Treasury
notes, assets of the estate of said Philip McGuire, as lie
may deem for the benefit of the widow and childrpn of
said Philip McGuire in real estate, in the city or county
of •Montgomery : Provided, that, before any such pur¬
chase shall be held valid the administrator shall report ^ruo^thcT
the same to the judge of probate of, said county, and ifJud*oi?r prob»t«,
said judge on an examination of ,the facts shall deem the
same for the benefit of said widow and children, he shall
confirm the purchase, and it shall then be held, valid and
legal; .and the said judge shall enter on his minutes his
proceedings therein, which shall be a record and proof
o£ what was done in the premises. ■
Sec. 2. Be it further enacted, That the real estate thus Held
purchased by such administrator shall be held by himisLau*.'whni*
m the same manner'as personally held by the said Philip
McGuire at the time of his death, and as part of his
"estate, , ( ■ , • - ^
SeC. 3. Be it further enacted, That all the expenses .
and costs incurred in said purchase and proceedings
shall be paid out of the* assets of said estate.
Approved August 29, 1863.
1863.
30
No. 26.] AN ACT
To repeal M an act to authorize the court of county com*
missioners of Fayette and Morgan counties to levy a
tax oil dogs."
Section 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly
convened, That an act entitled " an act to authorize the
court of county commissioners of Fayette' and Morgan
counties to levy a tax on dogs," approved Dec. 6th,*1862,
he and the same is hereby repealed. * '
Approved August 27, 1863.
No. 27.] AN ACT
To authorize M.' McCorvey, Judge of Probate of Mon¬
roe county to act as- such in the settlement of the
estate "of Henry 0. Abney, deceased.
*
Section 1. Be it enaeted by the Senatf and House of Rep
"EBtate of Abne reseniativcs of the State of Alabama in General Assembly
e ney' convened, That from and. after the passage of this act,
M.. McCorvey, judge of probate in and for Monroe
county, be and he is hereby authorized and empowered
to act as such probate judge in the settlement of the
estate of Henry 0. Abney, deceased, late of said county.
Sec. 2. Be it further enacted,* That all laws and parts
of law's conflicting with the provisions of this act, be
and the same are hereby repealed, , • •
Approved August 27, 1863.
No. 28.]' AN ACT
t
To authorize the "court of probate of Chambers county
to grant letters of administration upon the estate of
James M. Kennedy, deceased.
Section 1. Be it enacted by the Senate and House of Rep
auto of Ken- resentatives of the Stale of Alabama in General Assembly
Pe r' .convened, That the court of probate of Chambers county
have jurisdiction of the administration of the estate of
31
1863.
James M. Kennedy, late of Russell county, deceased, to
grant letters of administration thereon, and to do all
things necessary and proper to cause the estate of said
decedent to be settled and distributed in said court ac¬
cording to the laws of this State, as fully and effectually
as if the said deceased had been an inhabitant of the
county of Chambers at the time of his death.
Approved August .27.1863. ■
No. 29.] AN ACT
»To amend section 1784 of the code so far as relates to
Bibb county.
section 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama, in General Assembly sales on credit.»
eonvened, That section 1748 of the code of Alabama, be
so amended as to authorize the court of probate of Bibb
county to grant orders of sale of all kinds of - personal
property of deceased persons' estates oh a credit of three
years. - "
Sec. 2. Be it further enacted, That the preceding sec-
. tion of this act be so construed that said court shall not length of credit,
in any case grant an order of sale of any personal prop-1
erty to any executor or administrator of any deceased
person's estate on a longer credit than one year, unless
the .executor or administrator shall petition said court
for an order of sale of such property on a credit of more
than one year, and not exceeding three years.
Approved August 27, 1863.-
No. 30.] AN ACT
To change the boundary line of the counties of Mobile
and Washington.
t
Section 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly
convened, That the boundary line between the counties Boundary
of Mobile and Washington be sc| altered .as to includechanged-
the dwelling houses and out-houses of John Bates, Gil¬
bert R. Hollinger, Teno Orso and Robert Dickens in
• the county of Mobile.'
1863. 33
Sepeai. Ssc. 2. 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 August 27,1863.
No. 31.] . AN ACT
To increase the compensation for printing Supreme Court
Reports,
Section 1. Be it enacted by the Senate and House of Itep-
$250° appropri- resentatives of the State of Alabama in General Assembly
1 •convened, That hereafter, instead of the sum now appro
printed by ldw, the sum of twenty-five hundred dollars
fie and the same is hereby appropriated for the printing
of the reports of the Supreme Court.
Approved August 29, 18G3.
No. 32,] AN ACT
In relation to prisoners sent to the Penitentiary of Ala¬
bama from other States.
Section 1. Be it enacted by the Senate and House of Rep-
orncers h*ro fait reseutatives of the State of Alabama in General Assembly
pc!wor' convened, That the warden and-inspectors and all other
officers of the penitentiary of this State, shall have the
same authority, powers and rights, as to the keeping,
management and control of prisoners sent to said peni¬
tentiary, by order or authority of the'Governor or other
officer of any of our sister Confederate States, so long as
they remain there, that said warden, inspectors and other
officers of said penitentiary have- as to prisoners sent to
said penitentiary by the courts or authorities of this
State.
, Approved August 29, 1863.
33
1863.
No. 33.]
AN ACT
To authorize Executors, Administrators, Guardians and
Trustees of the county of Russell, to make publication
in a newspaper of Columbus, Georgia. > '
Section 1. Beit enacted by the Senate and House of Rep-.
• resentatives of the State of Alabama in General Assembly pUbu»h i»
convened, That during such time as no,newspaper is pub-Colunibu',G*"
lished in the county of Russell, all executors, administra¬
tors, guardians and trustees of the same are hereby au-,
thorized to have published in any newspaper of the1 city
of Columbus, in the State of Georgia, all such notices
and advertisements as by law they are required; to have,
inserted in a newspaper.
Approved August 29, 1863.
To authorize Charles W. Oliver to marry.
Section 1. Be it enacted by the Senate and House of Rep-
resentatives ef the State of Alabama in General Assembly ohvm>*7
convened, That Charles W. Oliver, whose wife has ob-1^17;
tained- a divorce and married again, be and is, hereby
authorized to marry, as if he had never before been mar¬
ried.
» Approved Augusf £9, 1863.
To authorize the Probate Court of Autauga 'county to
grant letters on the', estate of A. B. Penick, late of St.
Claif county. ' 1
Section 1. Be it enacted by the Senate and House of Rep¬
resentatives of the. State of Alabama in General Assembly May urant letur*
convened, That it Shall be lawful for the probate court of swlminS"lraW0B'
Autauga county to grant letters of administration on the
estate of A. B. Penick, late of St. Claif county.
Approved August 29,1863.
Nov 34.]
AN ACT -
No". ,35.]
AN ACT
5
1863.
34
No. 36.] AN ACT
To compensate the commissioners of roads and revenue
in the counties of Choctaw and.Marion,
. Section 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly
fWe^L^mue3 convened, That from and after^ the .approval of this act,
age. the commissioners of roads and revenue of Choctaw
' county, and Marion county, shall be entitled to three
dollars a day while actually engaged in the duties of the
commissioners' court, and five cents per mile from each
one's residence to the court house and returning home.
Approved August 29, 1863.
No. 37.] AN ACT
To incorporate the Ashby and Cahaba River Railroad
Company.
• Section 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly
commissioners 'convened, That C. C. Huckabee, of Greene county,.A.
appointed. K. Shepard, of Perry county, Thomas Gholson and Dan¬
iel Prentice, of Shelby county, J. N. Smith, Ezekiel
Smith and William L. Saunders, of Bibb county, be and
they are hereby appointed commissioners, any 'five of
whom may act and do business necessary to be don^
under this act preparatory to the organization of the
Ashby and Cahaba River Railroad Company, and they
shall open books of subscription for the capital stock of
said company at 'such time and places and with notice,
not less than ten days, as they ma,y think proper.
Sec. 2. Be it further enacted, That the capital stock* of
capital one mii-'Said railroad company my be one million of dollars,
lion. . , which may be increased at any time, and from time to
time by resolution of the board of directiors to such
amount as the board may deem necessary and expedient
for carrying into full effect the objects and purposes of
said company." " . »
Sec. 3. Be it further enacted, That said railroad shall
Termini. extend from some point on the " Alabama and Tennessee
River Railroad," near Ashby depot, by the most practi-
»cable route to some point (on the Cahaba river, near the
coal fields of Thomas Gholson and J. N. Smith & Co. *
35
1863.
Sec. 4. Be it further enacted, That as soon as twenty- Pow#ri
five thousand dollars shall have been subscribed to the
capital stock of said company, the subscribers of said
stock, their successors and assigns, shall be and they are
hereby declared to be-incorporated into a company by
^the name of the " Ashby and Cahaba River Railroad Com¬
pany," and by that name shall be capable in law of
purchasing, holding, leasing, selling and conveying, real,
personal and mixed property, so. far as shall be necessary
for the purposes ef,this incorporation; and by said in¬
corporated name, may sue and be sued, plead and be im¬
pleaded, answer and be answered unto in any court of law
or equity in this State or else where, and to have and
.use a common seal .and the same to alter lor amend at
pleasure ; to pass such by-laws, rules and ordinances for
the good government of said corporation as to them may
se.em proper, and generally to do all things necessary to'
carry into effect fully and completely the objects of this
act.
Sec. 5. Be it further enacted, That, as soon as. tenGeneril me0tlO{t
thousand dollars shall have been subscribed the com-
ihissioner hereby "appointed shall call a general meeting
of the subscribers at such time and place as they may
appoint; and at such meeting the said subscribers, or a
.majoritv of them in value, shall elect eleven directors b}' Election of Direc.
ballot to manage the affairs of.said company, and thetors'
commissioners as aforesaid, or any three, or more of them,
shall be judges, of said first election of directors, and the
directors thus chosen shall elect among themselves a'
president of said company, and allow him such compen- President,
sation as they may think proper; and on all occasions,;
whenever a vote of stockholders shall be necessary to be VotoJ-
taken, each stockholder shall, be allowed one vote for
every share owned by him or her ; and any stockholder p^xie*
may.depute any other person to vote and act for him or
her as his or her proxy
Sec. 6. Be it further enacted, ■ That the president and Annual oiactk-na.
directors of said company shall be chosen annually by
the stockholders of said company, ' and if any. vacancy
shall occur by death, resignation or otherwise, of any
president or director, before the. year for which they
were elected shall have expired,, such vacancy shall'be
filled by the president or directors, or a majority of
them * and that the president and directors shall hold
their office until their successors are chosen and quali¬
fied, shall haVe power to call meetings of stockholders
1863.-
36
Officer*, &o
pointed.
By-law*.
Instalments.
at any time, and a majority of stockholders' shall have
"power to remove the president or any director and to
fill all vacancies occasioned by removal at pleasure.
; Sec. I.Beit further enacted. That the said president
and directors,-or a majority of them, may appoint all
such officers, engineers, agents or servants whatsoever,
as they may deem necessary to carry on the business of
said company, and may dismiss them at pleasure, and a
majority of them may determine the compensation of
all officers, engineers and servants' of said company;
shall have power to pass all by-laws which they may
deem necessary and proper for exercising all the power8
vested in the company for carrying into effect the ob¬
jects of this act: Provided, only that such by-laws shall
not be contrary to the laws of this State or the Confed¬
erate States and said president and directors, or a
majority of them, are empowered to borrow money to
carry into- effect the objects of this* act, to issue certifi¬
cates or other evidence of such loan, and, to pledge the
property of .said company for the payment of .the same
with interest.
Sec., 8. Be it further enacted, That the president and
directors shall have power to require the stockholders
of said company to pay such instalments on their re¬
spective shares of stock in said company, and at such
time as they may think best for the interest of said
penalty for fail, company, and upon the refusal or failure of any stock-
nre to pay. hol.der to pay the instalment required on his, her or
their stock in pursuance of any call made by the presi¬
dent and directors as aforesaid, said 'president and di¬
rectors may, upon giving thirty days' notice, proceed to
Sell at public sale the share or shares of such stock own¬
ed by sucfi .delinquent stockholder, or any part there¬
of, to the highest bidder ; and if. the proceeds of the sole
of such share or shares. should amount to less than the
amount due upon instalments as * above mentioned,
said stockholder shall be and remain liable to pay to the
said company the deficiency in manner and form as here¬
inafter specified.
Sec. 9, Be it further enacted, That npon failure or refu-
iMrther penalty, sal of any stockholder to pay any instalment called for or
demanded by the president and directors of said oompany,
or if npon the sale of said shares as before specified, they
shall he sold for a less amount than that due upon instal¬
ments as'above mentioned, tfie president and directors,
upon giving tAventy days notice to said delinquent' stock-
$1
1863.
holder, may proceed By their attorney to move the cir¬
cuit court of the county in which said stockholder may
reside for judgment against the sajd stockholder for the
amount called for. by the president and directors of said
company, or as the case may be, for ahy deficiency that
may occur id the sale of said stock as hereinbefore spci-
fied, and said court is hereby auihorized and required to
• render judgment against such delinquent stockholder at Jndffment.
the same term of the court at which such motion is made,
which judgment so given shall be a lien on. the real or
personal property of said stockholder, and. execution
shall.issue as upon other judgments for the amount of the
judgment and costs, and all notices hereby required to.be
given in such cases to such delinquent stockholder shall
be issued by and in the name of the secretary to the
board of directors and served by the sheriff of the" county
in which the stockholder may reside-, and shall be return¬
ed to the office of the clerk of the circuit court as in cases
of common writs; and the sheriff shall be entitled to- a
' fee of one dollar for serving such notice, which, with!all
costs that may accrue on such.proceedings, shall be'paid
by the party against whom the judgment is. rendered:
And be it further provided, that said company," acting, by Attachments,
the board of directors or their authorized agent, or attor¬
ney, in, addition to the remedies already herein provided
"against stockholders, shall h^ve the right in all cases
' "where an attachment would be - allowable between indi¬
vidual persons, to resort to the ordinary process of at-
' tachment, not only to secure or collebt instalments which
'maybe due, but also to secure the remaining unpaid-por¬
tion of subscriptions. to. the capital stock of said com-
' pany, which attachments shall be levied by the proper
officer in all respects as othe'r attachments, and the same
affidavit and bond shall be given by the plaintiff iand the
same bond given by' the defendant or defendants as in
other 'cases. The affidavit may be made and bond given
by an agent "or attorney of the company, and garnishees
may be summoned as in other cases, and these rights and
powers shall extend and apply as well to ancillary as to
other forms of attachments : :And be it also'further pro¬
vided, that in all suits or motions of the president and di¬
rectors pf this company against stockholders, where, it
shall appear that the presiding judge before whom
the case or cases may come for hearing is interested, on
motion of the plaintiffs attorney therefor, the case-' or
cases shall be by the providing judge transferred for trial
1863.
"38
to the nearest circuit court next sitting, the presiding
judge of which may be supposed not to be interested, so
that the case or caseB may be determined as speedily as
practicable ; and the case or cases shall be heard and de¬
termined in the court to which they may be removed (the
presiding judge being disinterested) as if they had been
originally brought in said court. •
Right of wa &c Sec. 10. Be it further enacted, That the said company,
wajr' c .acting by its board of directors, is hereby authorized to
contract for and purchase such timber, stone, fixtures and
other materials as may be needed in the construction,
completion, and operating of their said road, and to
purchase, receive and hold in fee simple such quantity
and parcels of land as may be required by the company
for right of way for single or double track railroad, and
such lands and appurtenances as may be acquired at dif¬
ferent, places for. stations, turnouts, ample depots and
warehouses, workshops, machine shops, and other neces¬
sary purposes in connexion with the railroad; and the
said company may, by their agents, engineers and ser-
conreya&eos. Vanfs, enter upon and occupy all the lands and tenements
authorized to be purchased or held as aforesaid. In case
any portion of the land authorized to be required by said
company shall belong to the estate of any deceased per¬
son or persons, the company may contract with the exe-,
cutor or administrator of such deceased person or per¬
sons, who are hereby made competent to convey to said
company such title in such lands as was held by his, her
or their testator or. intestate at the time of his, her or
their death", of in case said lands shall belong to a minor
.or minors, or persons non compos mentis, the company
may contract with his, her or their guardian or guar¬
dians, who are hereby made competent in their fiduciary
> capacity to convey to said company such portion oi the
lands of his, her or their ward or wards, as the company
is, by this section authorized to receive and hold, and in
, "case such lands or any part shall be held by trustees of
school or other trustees or body corporate, the said com¬
pany may contract with and receive Conveyances from
such trustee of trustees or cestui que. trust or the mana¬
gers or directors qf the body corporate. All "which con¬
veyances so authorized, when made in conformity with
the provisions of this section, shall vest in said company
Writ or ad such title as the person or persons who may be represen-
d»mnum. ted by the parties hereby authorized to make such con¬
veyances may have in the lands at the time of making
39
1863.
such conveyances. In the event that the said company
and the owners of the lands, or any portion thereof au¬
thorized to be acquired by said company, shall not agree
about the same, and this provision relates also to the
lands belonging to the estates of deceased persons, mi¬
nors, or persons non compos mentis,- or lands held by trusr
tees or bo'dies. corporate, as above specified, and those
authorized in this section to make conveyances thereof,,
or in case the owner or owners of such lands may be
unknown, or may reside without the State, or his, her or.»
their residence may be unknown, in these, or any such
cases, the said company, acting by its board of directors
or duly authorized agent or agents, may apply to the-
clerk of the circuit court of the county in which such
lands may lie for a writ ad quod damnum, -which writ,
whenever so applied for, shall be issued by said clerk,
directed to "the sheriff of his county, commanding and
requiring him to summon a jury of sevefi good and dis-
, creet .freeholders of his county 'no ways related to the
owner or owners of the lands to be assessed, nor stockhol¬
ders of the company, and who are not likely to be inter¬
ested in similar proceedings, to be and appear at such
suitable and. convenient place as he may designate, "on a
day or days to be fixed by him, which day or days shall
be as early as practicable after the said writ'may come
to his hands, to asses the value, of the lands specified in
the writ ad quod damnum and required by said company,
and the damages which the owner or owners may sustain
by the construction of the railroad of said company
through such lands and the right of way which-may be
required for said railroad ; and it shall the duty of such
persons so summoned as jurors, to appear at the time and,
place appointed, then and there to determine and assess
the value of said lands and the damages which may be
"sustained as aforesaid by the condemnation of said lands
for the use of the company as they may be specified in
•the said writ of ad quod damnum, and the same jury may
act in one or more cases to be set forth in the same writ
or separate writs of ad quod damnum as may be deemed
most expedient and convenient, so as to render the cost
bf such proceedings as Binall as practicable. If any ju¬
ror'so summoned fail to appear according to the snm-
"mons without reasonable and sufficient excuse, to b'e ren;
»dej-ed at the next term of the circuit court of his county,
he shall be subject to a fine for such default, to. be assess¬
ed by the presiding judge of said court) of not exceeding
1863." 40
*—rrr \
fifty dollars,.for which judgment may;be rendered against
him in said court with costs, and the return of the sheriff
or his deputy on the.summons \vhich may have beep
served on such juror,, stating his failure to appear, shall,
be evidence of the default, • The sheriff, if, he shall fail
or wilfully refuse to perform the duty required of him
by this section, shall, for every such refusal or*wilful ne¬
glect be subject to a fine, to be assessed by the judge of
the circuit court of his county presiding, of not less tfian
ten nor .more than fifty dollars. If any jurors who may
be summoned as aforesaid fail to appear, or by reason of
challenge for cause or otherwise fail to sit, the sheriff
shall forthwith summons, if practicable, other competent
jurors sufficient to complete the.panel, and if the jurors
empannelled, a majority of whom shall be competent to
* render'a verdict in each and every case, shall fail to ren¬
der a verdict, a new jury shall be empannelled in all such
cases'as soon as1 practicable thereafter, and this may be
done as often as may be -required, until .a verdict; is had.
When the empannelling of the jury shall have been com-1'
pleted, they shall, as soon as practicable thereafter, pro¬
ceed te inquire into the matter or "matters submitted tc)
their decisions, and for'this purpose shall hear such tes¬
timony. as to them may appear material and pertinent to
the matter in issue, having taken an oath, to be adminis¬
tered by the sheriff, to well and truly try the case pend-.
ing and submitted to their decision, between A B, com¬
plainants,' and the Ashb'y and Caliaba River Railroad
Company, defendants., and that they will take into con¬
sideration the advantages and value which the construc¬
tion of the railroad may give to lands or .other property,
as well as the injury said lands or other 'property may
sustain by. its construction through or near which it may
be constructed. The jury shall appoint one of their num¬
ber to.preside during the investigation, who shall have
power to preserve order and administer oaths to witness¬
es, as he is hereby authorized and empowered to do, or
the oaths may be administered by any acting justice of
the peace, all witnesses being required to take, tfie ordi-
, nary oath or, affirmation administered by courts of jus-
v«rdicton wrtt. When,the jury shall have made sufficient enquiry
into their estimation by inspection of the premises, antf
by hearing testimony or by other means, they shall pro-'
ceed to render their verdict in accordance with the sense,
of the majority,, which verdict shall be certified by the
■ jurors assenting, to it, arid attested by the sheriff* or hi?
41
1863.
deputy, and with the writ of ad quod damnum shall be
returned to the clerk of the said circuit court, by whom -
it shall be filed and securely kept among the records of
the court, and a certified'copy thereof shall, when requir-.
ed, be delivered by the clerk to either party, who shall '
pay therefor at the rate of charges allowed for recording,'
which copy, in the event of the loss of the original pa¬
pers, shall be sufficient evidence of the finding of the
jury in the case, the clerk certifying that a writ of ad'
quod damnum has been duly issued, and annexing therej
to the verdict of the jury as returned to him, certifying »
that it is a true copy of the verdict, and also setting forth
in his certificate (if not stated in the verdict) a descrip¬
tion of the land to which the verdict applies. Every
verdict thus rendered and returned so soon as the dam:
ages which may be awarded to the owner or owners of
the land condemned, if any be awarded, shall have behn ,
paid, (and the same if no dafnages be awarded) shall vest
in said company, absolutely, all the right, title and inter-
' est in the land specified in the proceedings, and condemn¬
ed, which the person or persons with whopijthe trial was
had or to whom notice had been given as hereinafter pro¬
vided -for, if claiming in their own 'right may have or pos-'
sess, or if not claiming in.their own right, then all.the
right and title of the person or persons by him or them ,
represented: Provided, however, that ,if either partyAppea1'
"should be dissatisfied witli the finding of the jury thq
'dissatisfied party may appeal to the next term of the.
said circuit court after the finding, if 'as much as .thirty
-days shall.intervene between the finding of the. jury and
the holding of said court; if not, then the' term of the
court next after, when the case shall be tried de novo by
the court and jury •. Provided, the appealing'party shall
givfe the opposite party as much as .twenty days' notice
'of the appeal, and shall also before the clerk of said court
enter into bond and security, to be approved by him,
payable to the party appealed against in; a sum double
the amount of what the clerk may estimate the probable
. Cost, conditioned to pay the party appealed against all
the costs of the trial de novo, as well as the costs of the
•writ of ad quod damnum, in the event that the finding of
the jury in the trial-de novo shall hot be more favorable
, to the appealing party than th3 trial on the writ of ad
quod damnum in the first instance. When the person ot non-regents,
••persons whose claim or claims are involved shall be non¬
residents, or their residence shall be unknown, or the. '
6
1863.
42
owners of-the land stall be unknown, in either of these
cases the person or persons whose rights are involved
shall be allowed as much as thirty days to appeal, reck
ohing from the date of the verdict. In all other cases,
the appeal shall be taken in thirty days, and in either
event, if the party desiring to appeal neglects to do so
until the time allowed has expired, the judgment there¬
upon shall become conclusive and final. The said com¬
pany- shfalh not be hindered or delayed in the prosecution
of any portion of their work by or during the pendency
of these proceedings, but no title shall be vested in thd
company until the proceedings shall have terminated
and the company, shall have paid the amount of damages
which shall be awarded against ify as well as the costs
' payment jo partp which may be awarded against it. All payments requir-
or judge. ^ e(^ company under any proceedings which may be
had as by this act provided, may be paid directly to the
party or parties entitled to receive payment, or else may
be made to the judge of the probate court of the county
in which the lands involved in the proceedings may lie,
for the use of the party entitled, which payment said
judge shall be bound to receive and receipt for in his
official Character^ and the judge of probate, to whom
such payments may be made, shall be liable on his official
bond to account for and pay Over to the parties entitle4
all sums so. received,
property of°comS Sec." 11. Be it further enacted, That the said lands or
pany.j'» ' other property, when so condemned and estimated as
• aforesaid,, shall enure to and become the property of said
r company forever upon the payment by said company of
the amount assessed by the jury as provided for in the
10th section of this act to the party claiming damages on
' account of the construction of said road through said
lands, or for such other property.
' Sec, 12. Be it further enacted, That in case any per-
tnjury taroad. -gon shall" wifu'lly injure or obstruct in any degree the
said road or roads, he shall forfeit and pay to the presi¬
dent and directors of said company three times the
amount of all damages' they may sustain in conse¬
quence thereof, to be sugd lor and recovered in the
same manner as provided by law "for individuals nil like
cases, and on complaint made to any magistrate with¬
in whose jurisdiction such .offence shall or may have
been committed, it shall be his duty thereupon to bind
,the person 'o,r persons so offending with sufficient .secu¬
rity for his or their good behavior for a period of not
43
1863.
less than one year, and such offender shall also he sub¬
ject to indictment, and shall be sentenced, at the dis¬
cretion of the court, to be imprisoned not less than three
nor more than twelve monthsv ...
Sec. 13. Be it further enacted, That in the construe-not to,obstruct
tion of said railroad, the president and directors Qfpu1)1ic roa^-
said company shall not in any way or manner obstruct
any public road now established, but shall prepare con¬
venient passages to travel over said railroad.
Sec. 14. Be it further enacted, That after the com*®3118*
pletion of said road, or any part thereof, the said presi%
dent and 'directors may lay and collect ■ tolls from all
persons, property, merchandize and other commodity
transported thereon. . ' ., 1
•Sec. 15. Be it further enacted, That the general as-respiration,
sembly reserves the right and power to authorize the
construction of any railroad to cross the one authorized
by; this " act^ at any* point the general assembly may-
think: proper. . ' '
Approved August 29, 1863. .
No. 38.] AN a!CT
To amend the act incorporating the Alabama Direct
Trade and Exchange Company.
Section 1. Beit enacted by the Senate'and House of Hep- , „
resentatives of the State of Alabama in General Assembly ^eamersf&c.war
convened, #That in addition to the powers conferred, the
president and directors of sdid company and their suc¬
cessors, be and they are hereby authorized to invest.in
war steamers, gunboats "or other water craft, to engage '
in the volunteer navy, or as 'privateer's under the laws of
the Confederate States. • •
Sec. 2. Be itfurther enacted, That said, company byj^0yd8iand 8011
their board of president and directors may purchase
and sell goods, wares and merchandize, foreign and do*
mestic, as natural persons. ' .
Sec. 3. Be it further enacted, That the stockholders in Liabil!tr- *
said Alabama Direct Trade and Exchange Company now
being, or who may hereafter became such, shall only be
liable for the amount of stock subscribed, and no more.-
Sec. 4 .Beit further enacted, That all .laws.ahd parts *
of laws in any wise contravening the "provisions of this ep6ai
actvbe and the saine are hereby.rerpealed.
. Approved August 29,1863;
1863.
44
No. 39.] AN ACT
To pay the Secretary*of the Senate and Chief Clerk'
of.the House of Representatives for services therein
named.
Section 1. Be it enacted by the Senate and House of Rep¬
resentatives, of the State of Alabarrlafn General Assembly
$<5o appropria- come^e^ That the sum of one hundred and fifty dollars be
appropriated each to the Secretary of- the Senate and
the Chief Clerk of the House 'of Representatives, for
completing the journals of . their respective houses, ar¬
ranging and filing away papers in proper order for the
next session of the general assembly.
Approved August 29, 1863.
No. 40*]' AN "ACT.
For the relief of Ellen E., .Robinson 'and Elizabeth
Main.
Section 1. Be it enacted by the Senate and House of Rep-
Robinson made resentatives of the State of Alabama in General Assembly
free dealer. convened, That hereafter Ellen E. Robinson, the wife of
W. T. Robinson, of Montgomery county, be authorized
to make contracts ■ and acquire and hold property, and
deal generally in her own name as if- she was sole and
unmarried.
Sec. 2. Be it further enacted, That all property acquired
by her under the provisions of this act shall be held by her
Property soio. for p0-r goie aiic[ separate use, free from the control/of her
„ • said husband, and not liable in any manner for his debts,
contracts or engagements either present or future.
Sec. 3. Be it further enacted, That upon all contracts
Maybe?dod. made by the said Ellen E. Robinson, who may sue -or be
sued, as if she was sole and unmarried, without joining her
said husband with her in such suits, and that she may
maintain actions,in her own name alone to recover prop¬
erty acquired by her under this act, or for injuries done
to such property, and that she may also be sued and made
liable in'her own name alone for injuries done by her to
the property of othe^ persons. ^
Sec. 4. Be it further enacted, That all the benefits and
Mam entitled, provisions of this act shall extend to and be enjCyed by
45
1863.
Elizabeth Main, the Wife of Travis Main, of Covington
county.
Approved August 29; 1863. *
No. 41.] AN ACT
For the relief of a person therein named.
Section 1. Be it enacted by the Senate arid House of Rep¬
resentatives of the State of Alabama in Generab Assembly $m.5o uppropri;
convened, That the comptroller of public accounts be an&atod>
he is hereby required to draw his .warrant on the State
treasurer for the sum of one hundred and ninety-eight
dollars and a half, in favor of. Charles A. Toney,, the
«ab*ove amount having been paid out by " J. W. Latham
. for amunition to" be used in defense of the State, and the
-account transferred to said Toneyz
Approved August 27,1863.
No. 42.] AN ACT
For the relief of "Wiley J. Coleman, of 'Choctaw
county.•
Section 1. Beit enacted by the Senate and House of Rep-
pesentatives'of the State of Alabama, in General Assembly refunded.
convened, That the comptroller be and he is hereby, au¬
thorized to draw his warrant on the treasurer in favor of
Wiley J. Coleman, late tax collector of Choctaw county,
for' the sum of five hundred and eighty-six dollars and
^fortfy-eight cents, which he improperly paid as tax collec¬
tor to the comptroller, for taxes assessed' in the year
1861, and" which ought to be refunded to him.
• Approved August 29,1863.
No. 43'.] AN ACT
For the relief of R. R,. Pickering and James L: Terrell,
as Executory of John D. Catlin, deceased, late of Ma¬
rengo county^
Section 1. Be it enacted by the Senate and. House of Rep-
1863.
46
fre&ito%smiyUirtteritatives of the State cf Alabama in General Assembly
ve,t- convenedThatR. R. Pickering and James L. Terrell, as
executors of thei'last will and testament of JohnD. Cat-
lin, deceased, late of Marengo county, be and are hereby-
authorized and empowered to vest any moneys, of the
estate of their said testator, now in, or which may come
to their hands in bonds of the State of Alabama, or of the
Confederate States of America*
'Approved August 29, 1863.
No. 44.] * AN ACT
For the relief of P. M* Frazier and P. A. Brandon.
Preamble. Wheras, Patrick M. Frazier has been elected sheriff,
and Philip A. Brandon has been elected clerk of-the cir-
• cuit court of the county of DeKalb, in this State, and
"wjuereas- both of said persons were at the time in the ac-'
tual military service of the Confederate States, and were
unable to get home within the time prescribed by law,
•in which tormake their respective official bonds,-there*
fore.
i o bond" Section 1. Be it enacted by the Senate and House of Bep-
Maygivobo , reMntatives-of the tStote of Alabama in General Assembly
convened, -That it shall be lawful for the said ^Frazier and
Brandon to execute their respective official bonds, condi¬
tioned and approved as now required by law, and to be
as valid and binding as-if the same had been filed within
the time prescribed by the code of Alabama, any law to
the- contrary notwithstanding.
Approved August 27, 1863.
No. 45.] AN ACT
For the relief of -the indigent families of soldiers in'
Washington county.
Section 1/ Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly
mrToVrow'mo1 cowve?ie^> That the court of. county commissioners of
may orrow m°- Washington county, be and is hereby authorized to bor¬
row a sum of Imoney not exceeding ten thousand dollars,
47
1863.
and to appropriate the same to the support of the indi¬
gent families of soldiers in said pounty as directed by th6
act entitled " an act to provide for the support of indi¬
gent, families of soldiers in the army of the Confederate
States from the State of Alabama."
•Sac. 2. Be it further enacted, That themourt of county
commissioners of "Washington county, be and is h&reby ^ leyy special
authorized to levy a specirl tax in said county, not ex¬
ceeding in any one year fifty per cent, on the State tax,
for the purpose of repaying any sum that may be bor¬
rowed under the first section, pf this act. , ,
' Approved, August 27, 1863.
No 46.] . AN ACT
To provide compensation to the doorkeeper and other
officers therein named of the two Hoiises at the pres¬
ent session. „•
SectIon 1. Be it enacted by the Senate an# House of Rep¬
resentatives of the State of Alabama in*General Assembly
convened, That the doorkeepers of the Senate and Ho'use
of-Representatives shall'be entitled to, receiye in addi-»
tion to the compensation now allowed by-law, two dol¬
lars per day during the present session of the General
Assembly; that the assistant clerk and engrossing clerk'$2 pef ia»y add*,
'of the house, and the assistant secyetay of the senate,
shall each receive two dollars per day in addition to thp
' amount now allowed by law. '
Approved August 29,1863.
No. 47.] , AN.ACT.,
For .the relief of William B. Robinson, of Tuscalposd
♦ Section 1. Be it enacted by the Senate and House of Rep- , "
rqsentatives of the State of Alabama in General Assembly ^6}67opriates
convenedu That the comptroller of public accounts be and
he is hereby authorized and required to draw his war¬
rant .on the Stat^treasurer in favpr of William B. Rob¬
inson, for the sum of six thousand five hundred and sev-
1863. 48
enty dollars, ($6,570) the said sum being a balance due
for extra work done on the. insane hospital.
' Approved August 27,(1863.
"No. 48.] " AN ACT.*
For the relief of the Gas Light Company of Selma and
other gqs companies.
Section 1. Be it enacted by the Senate arid Souse of Rep¬
resentatives of the, State of Alabama in General Assembly
convened, That during the war, and for twelve months af-
May increase ter the declaration ef peace with the United States, the
charge. JSelma-Gas Light Company, and other gas light compai^-'
,ies in this State,--are' hereby authorized to charge the
same prices for gas, gas fixtures and fittings as the gas
light companies of the cities of Montgomery and Mobile
are now legally authorized to.cliarge.
Approyed August 27,1863.
Ntf.49.]- AN ACT
Making appropriation to pay Joel White and B. B. Davis
for stationery furnished the State of Alabama and M.
M. Nail, &c;
Section 1. .Be it enacted by the Senate and House of Rep¬
resentatives of- the State of Alabama in General Assembly
convened',Hhsf the* comptroller of public accounts be and
$so2. white. ,pe is hereby authorized and "required to draw his war¬
rant on. the State treasurer for the sum of eight hundred
and two dollars in faVor of Joel White, in payment of
stationery furnished the State. "
* Sec. 2. Beit further enacted, That the comptroller of
$124.85. Davis, public accouts is hereby authorized and required to draw
his warrant in like manner in favor of Benj. B. Davis,.for
the sum of one hundred and twenty-four dollars and thir-
•ty-five cents, in payment foa stationery furnished the
State.. .
Sec. 3. Beit further enacted, That the comptroller of
$5. m. m. nan. public accounts is hereby authorized and required to
draw his warrant in like manner in %vor of M. M. Nail,
'49 1863;
h #
for tlie sum of five dollars in payment for box rent in the
postoffice for the use of the members! of the House of
Representatives.
Approved August 29,1863.
No 50.} AN f CT
To divorce Lemons Box from his wife Rutha Box.
»
Section 1. Be it enacted by the Senate and House of Bep- box divorced.
resenjtatives of the State of Alabama in General Assembly
convened, That Lemons Box be and he is hereby divorced
from his wife Rutha Box, pursuant to a decree of of the.'
chancery court of the eleventh district, 'southern division,
made at the November term 1860 thereof.
Approved August 27,1863.
No SI.) AN ACT
To divorce Moses Jones from his wile Sarah* Ann Jones.
Secti6n 1. Be it enacted by the Senate and House of Bep-
resentatives of the State of Alabama in General. Assembly
convened, That in pursuance of a decree of the chancery Jones divorced,
court for the eleventh district of the southern chancery
'djvision of the State of Alabama, at the May term I860
thereof, Moses Jones be and he is hereby divorced, from
his wife Sarah Ann Jones.
Approved August 27, 1863.
7
JOINT RESOLUTIONS
OF, THE CALLED SESSION".
JOINT RESOLUTIONS
To equalise Taxation for the support of. indigent families of sol-!
diers, and to support the same by the State.
Whereas, the appropriation made,at the session of the legisla¬
ture of 1862, and approved November 12th, 1862, for the support
of the indigent families'of soldiers has been found insufficient for
said object; -and whereas, in consequence of said insufficiency the
commissioners' courts of the various counties of the State have
been compelled to levy an additional tax to supply the deficit^
said appropriation for the support of said families ; and wherea.«
the counties furnishing the largest number of soldiers ar# in .the*
main the least able to supply said deficit, in consequence vdi^rfeqf
the said families in some of the counties are very inadequately sup¬
ported, and whereas, all the soldiers of the State are alike battling
for the rights and liberties of the State and Confederacy, therefore
be it * •
1." Besolved by the Senate and House of Bepresentatives of the State
of Alabama, .in General , Assembly convened, That the indigent
families of soldiers of this State be treated with the same considera¬
tion, and that taxation for the support of the same be equally borne
by the people of the State, and an amount necessary for such sup¬
port be appropriated from the treasury of tLe State." . .
51
2, Be it further resolved, That for the purpose of .ascertaining
the appropriation necessary to be made, the comptroller be instruct¬
ed to obtain from the various .judges of probate of the State the
respective amounts raised by 'the several, counties of the State,
together with an estimate of the amount of funds that will.be re¬
quired for the support of such families during the ensuing year, and
report the same to this body at its next regular session.
Approved August 27,1863.
JOINT RESOLUTIONS
*[n relation to the increase of the-Army of the Confederate States.
W3EREAS, the, Confederate Government demands the. services' of
all persous subject to conscription to fill up the rapks of. our regi¬
ments now in the field, and.our State taxed to its utmost to furnish
troops for. State defense ; and whereas, there are large numbers of
able-bodied men connected with the army of the Confederate States
on service as clerks, agents, <fic., of post or-district quartermasters
or commissary, or are otherwise employed than in active military ser¬
vice ; and whereas, our army has been greatly reduced on account of
■tho numberless details of soldiers to labor in government workshops
and other'places, and ujmm railroads, performing such work as can
be and has usually been rendered by slaves.
1. Be it resolved by the Senate and House of Representatives of the,
■State *of Alabama in General - Assembly. convened, That in the
opinion of this general assembly public sentiment and the exigem
cies of the county require, that all able-bodied men in the- service
of the Confederate States as clerks, or employed in any other capaci¬
ty in any of the quartermaster or commissary departments of .the
government, should be put into active military service without delay,
and that their places should be filled.with soldiers or, citizens who
are unfit for active military service. . , (
2. Be it further resolved, That this general assembly are of the
opinion that the details of soldiers from the army to labor-in' york-
shops, foundries, and other places, and upon railroads, have beem"en¬
tirely too numerous, and in many instances useless, and that in the
opinion of this body slaves should be required by the Confederate
States" to take the places of all those soldiers who are detailed to .labor
in the places herein mentioned, when it can be done without prer
judice to the service, and that prompt dnd efficient measures should
at once be.adopted to effect these purposes.
52
.3. Be it further resolved, That this general assembly earnestly
calls the attention of the President'and Secretary of War of the
'Confederate States to this subject as'requiring immediate and ener¬
getic "action on the part of the?government,
4. Be it further resolved, Tb&t this general assembly recommend
to Congress such a modification of the exemption law as will correct
the evils herein named, and thereby increase the strength of our
military force. _ ' 1
5. Be it further resolved, That in view of the fact that the govern¬
ment of the United States has determined to put in the field negro
soldiers, and are enlisting and drafting the slaves of the people of
the South, this general assembly submits for the consideration of
Congress the propriety and policy of using in some effective way a
certain per centage of the male slave population of the Confederate
States, and to perform such service as Congress may by law direct,
6. • Be it further resolved-, That the Governor transmit a copy oi
these resolutions to the President of the Confederate States, the "
Secretary of War, and a copy to each of our Senators and Represen-
tatives from this State in the Confederate Congress.
Approved August 29,1863.
JOINT RESOLUTIONS
In relation to the War between the Confederate States and the Uni"
ted States.
1. Resolved by the Senate and House of. Representatives of the State
of Alabama, in General Assembly convened, That the war now being
waged against the people and upon the property of the Confederate
States by the United States, is unprovoked and unjust, and is being
conducted by our enemies in utter disregard of the principles which
should control and regulate civilized warfare ; that our oft repeated
purpose never to submit to abolition rule remains unshaken j that
our late reverses not being attributable to any want of courage or
heroic self-sacrifice on the part of our brave armies, should not dis¬
courage our people or produce doubt as' to our final success; and
that we hereby pledge to the cause of independence and perpetual
separation from the United States all the resources of the State of •
Alabama.
2. Be it further resolved, That in order to insure a speedy triumph
of our cause and the firm establishment of our independence, it is
the paramount duty of every citizen in the Confederate States to
53
sustain, invigorate. and render effective onr gallant -arpiies ,to the
full extent of his ability by encouraging enlistments, by furnishing,
subsistence to the families of soldiers'at prices corresponding with
the means of such families, and by upholding the credit and'curren¬
cy of the Confederate Government; and that to dishearten the peo¬
ple and the soldiers'at a period like this, to enfeeble the .springs of
action and destroy the elasticity requisite to rise superior to the
pressure of adverse circumstances, is to strike the most insidious and
yet thq most fatal blow at the very life of the' Confederacy.
Approved August 29th, 1863.
JOINT RESOLUTIONS
Providing for the purchase of Stationery and -Fuel,
1. Be it resolved by the Senate and House of Representatives of the
State of Alabama in General Assembly convened,■ That the sum of
two thousand five hundred dollars, or as much thereof as may be
necessary, be and the same is hereby appropriated for the purchase
of stationery and fuel for the use of the State.
2. Be it further resolved, That the comptroller of public accounts
issue his warrant in favor of the Secretary of State for the forego¬
ing amount, to be paid out of any money in the Treasury not other¬
wise appropriated ; Provided, That, the vouchers for purchases un¬
der this appropriation shall'be filed in the comptroller s office.
Approved August 29,1863,
JOINT RESOLUTION
Instructing our Senators and requesting our Representatives to pro¬
cure the passage of a law paying for horses lost in the wqr.
1. Beit resolved by the Senate and House of Representatives of the
State of Alabama in General Assembly convened, That our Senators
in the Congress of the Confederate States be instructed, and our
Representatives be requested to use all' honorable means to secure
the passage of a law providing for the payment of horses lost in the
military service of the Confederate States by "unavoidable accident
or captured by the enemy.
Approved August 27,1803.
OFFICE OF SECRETARY OF STATE, )
Montgomery, Alabama, September 22d, 1863. j
I
I hereby certify that the foregoing Acts and Joint Resolutions are
.correct copies from the original rolls on file in this office.
P. H. BRITTAIN,
Secretary of State.
LAWS or ALABAMA.
AC1S OF THE THIRD AMUAL' SESSION.
No. 52.] AN ACT
To repeal certaip acts regulating judicial proceedings,
and for other purposes.
Section 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly Repfl:il of a9[0 0{
convened, That an act-entitled " An act to regulate judicial1861-
proceedings, and for other purposes/' approved February
8th, 1861 : u An act explanatory of the said act," approved
February 9th, 1861, and "An act entitled an act to regulate
judicial proceedings," approved December 9th, 1861, be'
and the same are hereby repealed : Provided, That all Bonds in rorce.
bonds taken in pursuance of either of said acts shall re:
main valid, and may be enforced according to the provis¬
ions of said acts, or as may be otherwise provided bylaw:
And provided further, That all liens op judgments, de-Lleas pi.eMPved^
crees and forfeited bonds acquired under said act, be and
the same are hereby preserved and maintained, and not
in any word affected by the repeal of said act, or any pro¬
visions contained in this act, except' as hereinafter pro¬
vided.
Sec. 2. Be it further enacted, That no judgment or de¬
cree, except in attachment cases, issued for any cause
other than non-residence, shall be rendered against any &c., except1 '
person who is at the tj^fe in the actual military or naval
1863.
561
.service of this State, under the call of the Governor, or
in the actual military or naval service of the Confederate
States, until one year after he shall be discharged from
Nor execution. suck service } nor shall any execution issue on any judg-
. ' * ment or decree heretofore rendered against any person
Mortgaged pre- so engaged, nor shall any property conveyed by deed in
&«rtywh«n°TOay' trUSt or mortgage, for the security of debts, be sold by
be sow. virtue of any'power of gale therein, while the maker
thereof is in service as aforesaid, or for one year there¬
after, unless the said mortgagee or trustee has the actual
possession of such property, or the written assent of such
debtor \ Provided, That the benefit of this section shall
not extend to county reserves nor to persons who have
volunteered for.local defence, and who are not required
by the terms or conditions of such service to leave the
county of his residence.
Sec. 3. Be it further enacted, That on all executions
Plaintiff's assent that shall heteafter issue on any judgment or decree for
warteCnote?npre- the- collection of money, the plaintiff's assent to receive
'sumed unless &c. State "or Confederate treasury notes shall be presumed,
unless he shall write, or cauge to be written on such exe¬
cution, before payment to the officer, a demand/or gold
or silver, or its equivalent, and any officer into whose
hands any execution shall hereafter come, is hereby au¬
thorized? withbut- liability on his part, to receive, m sat¬
isfaction of the same, the treasury notes of-the Confede¬
rate States, or the treasury notes of this -State, without
further notice to the plaintiff, unless a demand, as afore¬
said, is written on said execution. And in all cases
id ir'gold W^efe or silver, or any other payment is demanded,
damauded'. except Confederate notes or State treasury notes, the
sheriff or officer holding such execution shall immediately
return the same with his endorsement thereon, " stayed
by operation of law," and no other execution shall issue
on such judgment or decree until one year after the ter¬
mination of the present war, and shall bear interest only
at the rate of two per cent, per annum from the date of
in «re*t and lien re£Ur]Q} an(j Bhall ioge the lien heretofore given by
law to executions. And all decrees in chancery for the
same Vuie in sale of any property under any deed in trust, er other-
chancery ca*o». wjge fQr the payment of debts, the complainant's assent
to receive the treasury notes of the Confederate States,
or of this State, shall be presumed, and the register is
hereby authorized, without liability on his part, to sell
for and receive such nbtes, unless gold and silver or its
equivalent, be demanded in writing, and when such de-
57
1863.
mand is made, all further proceedings shall be stayed
until one year after the war, and interest only at the rate interest,
of one half of one per cent, thereon shall be allowed from
and after such demand. And all executions now in the-
n i*ii Executions to oe
hands ot any sheriff, or coroner, or constable, on which the returned,
plaintiff or his attorney has not written his assent to .
receive Confederate or State notes, and refuses to give
his assent to such officer, shall be returned to the proper
court without further action, with his endorsement, "ire-
turned for further orders." ' Provided, That in all pases nJd
where gold and silver is demanded, the plaintiff shall be athilve
liberty at any time to revoke his said order, and obtain
an execution for all or any part of his said execution or
decree, as he shall indicate in writing, payable in Confed¬
erate or State treasury notes. . j
Sec. 4 Be it further enacted, That no property shall be ~
hereafter sold under any power of sale in. any mortgage.^ saje of mort-
or deed in trust, where it shall appear that the debtor in when tender"4'
such mortgage or deed in trust has offered to the .holder madt\ ■
of such indebtedness payment in Confederate or State
treasury notes, unless such mortgagee or trustee, or per¬
son entitled to receive the money, shall, before sgle, noti¬
fy the grantor in such mortgage or deed in trust, of
his 'willingness then to receive payment in such treasury
notes, and in that case, if said debtor or grantor shall de¬
cline to make such payment in thirty days after such
notice, the sale may proceed ; Provided .the sale is for
Confederate treasury notes, or the treasury .note3 of this
State.
Sec. 5. Be it further enacted, That all judgments and
decrees now existing in any court of record in this State, judgments, &c.,
or which may hereafter exist, shall be and operate a lienaliea-
upon all property of the defendant or defendants therein
from the date of their rendition, except such property as
may be exempt from levy and sale under legal process iiT
this State for the benefit of families.
Sec. 6. Be it further enacted, That if the defendant in ,
such judgment, decree or forfeited bond shall tender pay- Ltou forft,itod
ment of the amount thereon to the creditor therein, or
his attorney of record, in current bank notes or in- trea-'
sury notes of the Confederate States or of this State, and
the creditor or attorney shall refuse to receive them at
par value, the lien of such judgment, decree or forfeited
bond, and of all executions thereon shall thereby be dis¬
charged and prevented. #
Approved December 8,1863.
8
1863.
68
No' .53.] AN ACT.
For the protection of Attorneys,. Xgents, and other
Officers in this State.
Section 1. Be it enacted by the Seriate and House of Rep-
be'dismfssod if0 resentatives of the State* of Alabama in General Assembly
made1- ha* b,en convened, That from and after the passage of this act, if
any suit at law, or in equity, shall be instituted in any of
the courts of this State, against any attorney, agent,
judge, clerk, sheriff or other officer, for a failure to col¬
lect or pay over any money alledged to have been col¬
lected by 'them, or which they have failed to collect.' if
it shall appear, on the trial of any such cause, that such
attorney, agent, judge, clerk, sheriff, or other officer, on
demand being made of them, offered to pay the same in
•Confederate Treasury Notes, or Treasury Notes- of this
State, the court trying said cause shall dismiss the same,
and shall render judgment for cost against the plaintiff.
Approved December 8, 1863.
No. 54.]" AN ACT
To authorize the action of Ejectment*.
Section 1.- Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly
moaiftw*t#c°m'' convened', That no part of the laws of this State shall be
so construed. as to abolish the action- of Ejectment, as
established at common .law, and in all suits to recover
•land or.the possession thereof, the plantiff shall have his
election whether-"to proceed by the writ of ejectment,
.or by'writ in the nature of an action of ejectment,.as
provided by section 2209 & 2210 of the Code.
Sec. 2. Be it further enacted,. That whenever the de-
. fendant demands an abstract of plaintiff's title under
mutual?" t0 9 section 2211, of the Code, he shall tender within ten days
thereafter, if the plaintiff demands it, an abstract, in
writing, of the title or titles on which he will rely for
defence, and-on the trial shall be confined to the title or
titles embraced in such, abstract.
Approved November 19, 1863.
59
1863.
No. 55.] AN-ACT
To enable married women the more effectually to recover
property secured to them by the Code.
Section 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabaftia in General Assembly ,
convened, That when a married woman institutes her Mayhnsbwid
suit in the Court of Chancery against her husband, for upcm affldaT,t
the recovery of personal property secured to her by the
Code, or for the purpose of depriving him of any right
or interest therein, upon affidavit being made by her
before the Register, of the court where suit is com¬
menced, that the property is in danger of being carried!
beyond the jurisdiction of the court, or that the,property
is in .danger of being seized by her husband and misap¬
plied by him, or carried out'ot the State, or wasted; it
shall be the duty of the Register to issue a writ directed
to the Sheriff for the seizure of such property." ntorgezuro.
. ^ec." 2t Be it further enacted; That section, 2966,2967,-
2968,2960, and 2970, of the Code, are hereby incorporated a*** *ppucaw«
and made,a part of"this act, so, far as,the same are applh
cable.'
Approved December 4th, 1863.
No. 56.] AN ACT
To authorize Registers in ChapCery to take forthcoming
bonds in certain cases.
Section 1. Be it enacted by the Senate and House of Rep- , *
resentatives of the State of Alabama in General Asseinbly'-v^^r may
convened, That hereafter when the*decr.ee of any Chan- ^djfmtUoomlD*
eery Court of this State shall order the sale of any per¬
sonal property, it shall be lawful for the Register, or
other.person directed to make such 'sale, to take from the
defendant or defendants a forthcoming bond in double
the amount of the decree for the delivery of such pro¬
perty on the day of sale.
• Sec. 2. Be it further enacted, That if the property is
not delivered, such Register," or^ person directed to make B°tncd *h#B for"
such sale, shall ret .rn the bond "forfeited," in which
case the bond shall have the force'of a judgment and e?-
■1863,
60
ecution may issue against all the obligdrs 'of^such bond,
any law to the contrary notwithstanding.
•Approved November 23, 1863.
No. 57J . ' AN ACT •
To 'prevent the impressment or purchase, of property
• " • under false pretences.
Section- 1 .Be it enacted by the Senate and House of Rep¬
resentatives of'the State of Alabama in General Assembly
Act or 1862 rc- convened, That the act to prevent false representations as
pcaicd. .(.q Government agencies, approved November 8,1862, be
and the same is-hereby repealed ; Provided, that nothing
herein shall operate to discharge any person who may
have been guilty of a violation thereof, or who may haVe
been indicted therefor. . „
Sec.,2. Re it further enacted, That if any person or
Penalty for false--P61"80118 shall falsely and wilfully represent himself or
iy personating. • themselves to be. agents of the Confederate Government,
.p,r of any State of 'said Confederate Government. or of
any officer or. contractor under the same, and under such
false representation impress or purchase any| Commodity
or'property of any kind whatever, such-person or per¬
sons shall be .liable to indictment, and, on conviction,
fined no't less than five hundred, nor mdre than five thou¬
sand , dollars,- and imprisoned in the penitentiary not
less than one, nor more than five years, one or both at
the discretion of the jrqry trying the case.
Approved November 25, 1863.
No. 58.] AN ACT
To provide for the maintenance of civil authority and
the'preservation of law and order within the limits of
this State.
Section 1. Be it enacted, by the Senate and House of Rep
resentatives of the State of Alabama in General Assembly
or'disobey wr'a*0 convened, That any person as to whom a writ of habeas
corpus has been issued and served,, who wilfully fails dr
refuses, under any pretence whatever, to obey the man-
61
1863.
date thereof, o"r the orders of the Judge or court thereon,
before who$ the same is heard, op who knowingly and
intentionally shall prevent the service.of the same by
force, or by keeping out of the tvay, or who shall wilfully
faif or^efuse to permit any person, upon application by
counsel, in his custody, to consult with, and have #the
assistance of counsel for the purpose, of suing out or
prosecuting said suit, or who shall send away or conceal
any person who is in custody or under his control, with
intent to prevent said writ from being sued out or execu¬
ted, or the petitioner from being discharged when the
Judge or court so orders, shall be guilty of, a felon}-, and,
on conviction, shall be fined not less than one .thousand
dollars, or imprisoned in the penitentiary, not less-than
one nor more than five years, at the discretion of the
jury trying the same, '
Sec. 2. Be it further enacted, That it shall be the duty
pf the Governor to arrange, if possible^ with, the Cdn- Governor to '
federate Government for the employment of the militia do'prowst duty
and county reserves in.arresting and returning deserters,lf
and out-lying persons who are liable to render military"
service to the -Confederacy, on the condition that the Con¬
federate Government will recall and place in active milita-
ry service, the cavalry and other forces now employed in
that dutygn various parts of this State, as far, as consist¬
ent with the common defense and general welfare. It
shall also be the duty of the Governor, to arrange, if
possible, with the Confederate Government for the
employment of the militia and county reserves, or of gny
military companies or fire companies existing in 'this State MiH^ry Fire
and not legally bound to render military service outside companies also,
of .this State, in performing provost guard duty in this
State, so as to strengthen the Confederate army, by allow-,
ing those belonging to the Confederate .army who may be
performing provost guard duty to be put in active
service in the field against the enemy.
Approved December 8th, 1863.
No. 59 J AN ACT
To secure the trial of Slaves "under Indictment.
t
. Section 1. Beit enacted by the Senate and Souse of Rep¬
resentatives of the State of Alabama in General Assembly
1863.
62
*mplor convened, That when a slave is indicted for any offence
60un,#' - ;it shall be the duty of the owner ofthe slftfj to employ
counsel to defend the slave, and cause the mave to have
a fair and impartial trial. . ' i .
' Sec. 2. Be it further enacted^ That when the owner
o* feifur* court fails to employ' counsel to defend the slave, the court
.to »ppoi»t. g^ail appoint counsel tto defend the slave, and a"trial shall
be had .as early as a due regard to the proper adminis¬
tration of the law will allow ; and where the slave'is de¬
fended by counsel appointed by the court, the presiding
judge mnst ascertain and certify the value of the servi¬
ces rendered by counsel, and if the sum so certified is
not paid by the owner of the slave, the counsel may sue
the owner of the slave to recover the value of the servi¬
ces so rendered, and the certificate of the judge shall be
prima faeie evidence of the right of the counsel to recov¬
er, and the measure of damages.
Sec. - 3. Be it further enacted, That when a slave is
vo'«»wip«n»ati6n convicted and executed for a capital offense, the owner
shall not receive- any part of the assessed value of the
slave unless,he he' has complied with the duties required
by this act.
Approved December, 7,' 1863.
No. 60.] AN ACT
To prevent Gaming in this State.
section 1. Be it enacted by the Senate and House ofB'p-
felony to k««p resentatives of the State of Alabama in General Assembly
" convened That any person Or persons who shall keep or
exhibit or-be interested or concerned in keeping'or ex¬
hibiting any 'gaming table of any kind for gaming, shall
on conviction be imprisoned in the Penitentiary for two'
years. ...
Sec. 2. Be it further enacted, Th^at if any person or
jWty o* Mnt-person's shall rent or lease a house or room for the pur-,
room. pOg0 0f being used as a gaming house, he or she shall on
'conviction.be fined, not less than one hundred: dollars", at
the discretion of the jury trying the same. Provided
froTino. . hoioeper, that this act shall not go .into effect until the 1st
day of January next; and that nothing contained in this,
act shall in any manner affect any prosecution now pend¬
ing, or any offence already committed, or which may be
63
1863.
committed before the 1st day *of January next,1 against
any. provision of any existing law.
Approved Dec. 3rd, 1863.
No. 61.]
AN ACT
To prevent illicit trading w 1LJ-1 UlCtVUO.
Sectiom- 1. B* it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in-. General Assembly
convened, That on the trial of any one charged withal1'*0"t0 °*B
unlawfully trading with slaves, a conviction'may lawfully'
be had on evidence that with a view tp the detection of
such person, witnesses, lying in wait, watched while a
slave^was sent to do the trading which witnesses seen the/
offence committed. . •
Approved November 25, 1863.
Tp increase the fees now allowed" by law. for apprehend:
ing and committing to jail runaway slaves. . ' »•
Section 1*. Be it enacted by the Senate and House, of Rep¬
resentatives of the State of Alabama in General Assembly
cowvened, That for .apprehending and commiting a runa- Tm- for ukin*
way slave to jail, or for delivering, him to his owner, the
sumt)f ten dollars shall be allowed, instead of six as now'
provided by law. And for tailing a runaway slave.to jail,
the person performing such service' shall be entitled "to
fifteen cents per mile, in going to arid Returning .from the
jail, .and to a like compensation when th® slave is deliv¬
ered to his master, or overseer, instead of ten cents per
.mile as is now provided. And the Justice of the Peace Justice
shall be allowed for his services the sum'of one dollar
and a .half in lieu of seventy-five cents now allowed.
Approved December 7, 1863.
No., 62'.]
AN ACT
64
No. 63.] AN ACT
To authorise Executors, Administrators, Guardians and
Trustees to receive treasury notes of this State and of
■ the Confederate States in. payment for property sold
by them, as such. - ^ ,
Section' 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly
mT/^eiVt0'' convened, That in all cases where property has been or-
Trewury note*.- tiered to be sold for cash, by the decree of any court of
this State, and the executor, administrator, guardian,
trustee or other party making the sale, has received as
cash the treasury no'tes of this State or of the Confede¬
rate States, the party so receiving the same shall be ex¬
empt from any personal liability for so doing, and shall
not be liable to accoupt for the proceeds of sale so receiv¬
ed, except in the treasury notes which he or she received.
And whenever any- property shall hereafter be ordered
to be sold for cash by the order or decree of any. court
of this, State, the party making the sale may receive as
cash the treasury notes of this State or of the Confede¬
rate States.
Approved November 23, 1863.
No. 64.] AN ACT
To preserve ine property of non-residents.
Section 1 .'Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly
tor°appointd'frus- convened, That during the.present war between the Con-
tee for absent- federate States and- the. United States, where personal
°wner' property is. found in- any county in this State, not under
control or charge of any owner, agent or representative,
or trustee of the owner, or of the family of the owner, or
some part thereof, and when the owner of such property
is. absent from the State, and there is ,no probability of
his being in the State, or appointing an agent in the State,
within three months, it shall be lawful for the Probate
Judge of the county in which such property may be,
upon a written petition stating the above facts, with satis¬
factory proof thereof, toLappoint some suitable person as
trustee, and authorize such person to take charge of said
65
1863.
property, and control and preserve the same for the
owner; Provided, that such trustee' shall be required to,
give bond, with at least twogood and sufficient securities,Irustee s bond-
payable to the Judge of Probate in a' sum to be by said
Judge prescribed, conditioned that he will use due dili¬
gence to preserve and take care of such property, that
he will faithfully discharge his duties as trustee, and that
he will deliver the Same on demand of the owner, or his
agent.
Sec. 2. Be it further enacted, That said trustee shall
have authority to employ and use, or hire out, said prop-Po;rcrs &c
erty in the manner in which the same is .accustomed to Trustee!
be done by precedent owners, he being"accountable to
'the owner for the profits, and entitled to a reasonable,
compensation; and that lie may file his'accounts as.trus¬
tee lor settlement in the probate court b5T which he.was
appointed,* and may be compelled upon citation by the
probate judge to settle his -aoCounts in said court, and
said court is authorized to "render a decree against him
for any sum found due by him,
Sec. 3. Beit farther enacted, That an inventory and
appraisement of said property shall be made in the same inyontory.
manner and under the regulations, which apply 'to the •
> estates of "deceased persons; Provided, that the judge' of
probate, shall receive the same fees for. his servioes, as Fees,
are allowed by law for similar services in the settlement
of an estate in the probate court.
Approved^ November 30th, 1863.
No/65.] ' AN ACT
To allow Probate Judges to appoint special Adnfinistra-
. > tors in certain cases.
Section 1. Be it enacted by the Senate ancl House of Rep¬
resentatives of the State of Alabama in General Assembly
convened, That in all proceedings in the Probate Courtf0rStoCo^ue!
where a deceased party must be represented, and there
is no administrator, or the administrator is a party in¬
terested adversely to the estate, it shall be the duty of
the Judge of Probate to appoint a special Administrator t0 appoint
for the particular proceeding, without requiring a bond
and in the same manner, and under the same regulations
under which guardians " ad litem " are now appointed.
9
1863. 66
^ * > Sic.. 3. Be it further enacted, Thaf said special ad-
Paf • ministrator shall be allowed for his services such com¬
pensation as the Probate Court may direct.
Approved November 27th, 1863.
No. '66.] AN ACT
To authorize the several Judges of "Probate of this State
to appoint 'clerks for their officfes.
Section 1; Be it enacted by the Senate and House of Pep-
ju(ie9 mar &v'reseniatives of the State of Alabama in General Assembly *
pomt ciort. , convened, .That the several Judges of Probate of this
S.tate shall be authorized to appoint a clerk, who shall be
authorized to' do and perform all acts not judicialrelating
to such office. . (
» Sec. Be it further enacted, That such clerk shall be
p«wor* of ciert. authorized in all cases where there is no contest tb issue
letters testamentary, of Administration, or Guardianship,
all citations and other process necessary to the business
of such office.* "He shall be authorized to administer
oaths in all cases pertaining to the business of such office,
to take', and certify acknowledgments, and proof of
any instrument in writing, required or authorized to be
recorded in such office. 1,1
* Sec. 3. Be it further 4 enacted, That such -clerk before
Oath and bond." entering upon the* duties of his office shall take the oaths,
prescribed by la\^, and shall give bond-and security in
guch sum as the judge may require, not to exceed the
•'Sunroof five thousand dollars, made payable to stick
judge, ppon which, bond such clerk shall be liable to thb
judge, to the' extent" and Amount to which said judge
may he made'liable, and the costs of any suit against
such judge, for any act 'performed by such clerk; or the
omission, or failure to perform any of the duties of such
office. Any law to the contrary notwithstanding : Pro-
profit. vided, That no clerk shall be appointed that is liable to
conscription.
Approved November 27th, 1863.
No. 67.]
67
r
. AN ACT
1863.
To require the Probate Judges to make certificates and
affix county seals free of charge in certain cases.
• ^ *
Section 1: Beit enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly
convened, That during the existence of the act to increase *fi£c£#tf°rprt
the fees of probate judges and other public,officers,, no▼**<*,ap¬
probate judge shall make' any charge for .official certifi¬
cates 'and seals upon application by non-commissioned
officers and privates or their representatives, for. j)ay on
account of military services, or on application to extend
furloughs.
, Approved December 8, 1863. *
No. *68.]. AN ACT
To provide compensation for Judges of probate in cer¬
tain cases, i * «
% 9 ,
Section 1. Be it.enacted by the.Senate and House of Rep¬
resentatives of the State of AldbamcC in 'General,Assembly F«es for ketpiuK
convened, That on all-moneys ;which • judges ^ of probate ™aideyb^f Biacu*'
shall be required to teceive under the f)rdvisions of the *°r-
apt entitled An act to amend section 672 of the 'Code, ap¬
proved December, 7, 1861, and as compensation fpr the
duties required of them by said act, they, shall be enti-
' tied to one-half of one per cent:'to be paid by the execu,-
, tor, administrator or guardian in his individual character,
and the judges of probate shall not be required to' take
the custody of suclj moneys until said payment shall have
been made.
Approved November 30, 1863.
No. 69.] AN ACT
To increase the fees of Judges of Probate'and other pub¬
lic officers of this State..
Section 1. Re it enacted by th$ Senate and House of Rep-
resentatjyes of the State *of Alabama iw General Assembly
1863.
68
Fees increase*' 'j convened,, That from and after the passage of this act, and
percent. until one year after the declaration of peace between,.the
Confederate States'and the United States, judges of pro¬
bate, registers in chancery, clerk of the supreme court,
clerks of the city courts of Mobile and Montgomery, &nd
of the circuit courts, sheriffs, coroners, justices' of the
peace,''-ahd constables of this State, shall be entitled to
charge and receive an increase of fifty per cent, upon the
fees now allowed by law. Provided, the fee not to apply
to any estate, the. amount of which does not "exceed five
hundred, dollars.
Sec. 2.. Be it further enacted, That no officer shall be
when not cntr entitled to the benefits of this act who shall in any ip-
tled- stance refuse Cqnfederate treasury notes or the treasgry
notes of this State, in payment of the fees of his'office.
Sec. 3. Be it further enacted, That in the counties in
per eentBly 35' this State having special fee bills for courts of probate,
the fees contained, in said special acts shall be raised and
increased only twenty per cent, upon the fees provided
sumtor oxeinded. in said special a'cts ; ■provided that this section shall not
• apply to the county of Sumter.
Approved December .7; 1863.
No. 70.] AN ACT
To regulate the fees of solicitors Un certain cases.
' - * *
Section 1. Be it enacted by the Senate and House of Bey-
reseiitatives of the State of Alabama in General Assembly
f«* in.diswiery Convened, That in all convictions for offences under "an
act to prohibit the distilation of grain in the State of Al¬
abama, except under the direction and authority of the
Governor," approved December 8th 1862, the fee of the
solicitor shall be one hundred dollars.
ApprovediDecembey7th, 1863.
No. 71.] AN ACT
To cpmpen'sate sheriffs and other officers in certain cases.
Section 1.. Be it enacted by the Senate and House of Bey-
resehtcdives of the State of Alabctma in General Assembly
69
1863.
convened,, That in alLcases where any execution from any •
coilrf in this State has been levied by" any lawful officei4 divide^ betwcon
of this State and taxed by operation of law under the a"rfrrs. °
acts to regulate judicial proceedings, and known as the
" Stay Law,"- afid the term .of office for which such officer
was elected or appointed has expired before the collect
tion of such execution the commissions allowed.upon
such execution shall be equally divided between the of¬
ficer levying and the officer collecting.
Approved December 8th, 1863.
N0. 72.] AN ACT
To increase the fees of Jailors.'
Section 1. • Be it enacted by the Senate and House of Rep- $1 M fur wh.(-e
resemtative.f of the State of Alabama in General Assembly ° 1 !
convened, That from and. after the passage of'this act the
jail fees a£ to matters hereinafter specified shajlbe as fol¬
lows; viz: To victualing each white person, one dollar and
half per day : for victualing each slave or free person of ?1 lor sIav°'
color, one dollar and a quarter per day in lieu of thefeeS
now allowed by law for similar services.
SEC. 2. Be it further enacted, That this act shall con-Durms w*r'
tinue ip force no longer than' the continuance of the pres-'
ent warl
Approved December 8th, 1863.
No. 73.] AN ,ACT
To increase, the pay of jurors in this State.
, Section "1. Be it enacted by the Senate and House of Rep- ^ of rcgu]Ar
pesentatives of the State of Alabama in General Assembly smovu.
convened, ^That regular jurors, both grand' and petit,
seyving as such are entitled to receive four dollars for
each day's service and ten cents a mile in going to and
returning from court, and ferriages. , Taios- jurors.
Sec. 2. Be it further enacted, That tales jurors shall
receive the same compensation ap is allowed Jo regular
jurors, but are allowed no mileage or ferriages. Reposing.
Sec. 3, Be it further enacted!,' That all laws 'and "parts
of laws' in conflict with the provisions of this act are
hereby repealed.
1863. 70
♦
tvoive months »Sec. 4\. Be it further-enacted, That this act shall remain
after pe#c«, jn force until twelve. "months after a ratification of a
treaty of peace between "the Governments of the Con¬
federate States and United States, and nb longer. •
Approved November '25th, 1863.
Fee*,Hiile"bg»,
ka.
Repeal.
$0. 74.} ; AN ACT
To increase the fees of witnesses in this State.
i Section'1. Be it enacted by the Senate and House of Rep¬
resentatives of the. State of Alabama in General Assembly
* convened, That witnesses in civil and criminal cases in this.
State' shall be Entitled to receive- three dollars per day,
.also ten cents per mile for each mile to and from their
residence, by the usual travelled route and "all necessary
ferriages, feea 'of turnpikes and toll bridges, whether a£:
tending under subpoena or at the' request of the party.
Sec. 2. 'Be it further enaqted, That all* laws and parts-
of laws in conflict'with the'provisions of this act, be and
the same are hereby repealed.
' * Sec. 3. Re it further enacted, Tha't this act shall con-
' tinue, in force until one year after a ratification of a treaty
;.of peace between the Confederate States and the*United.
States, ,ahd. ho longer.
Approved'Decembdr# 4,1863.
No. 7(5.] AN ACT
•To .amend section 1143 of the code.
„ Section ! . Be: it enacted by the Senate and Housiof Rep¬
resentatives of the State of Alabama in General Assembly
&[ " convened, That section eleven hundred and.forty three of
repealed.' the Code, be'and the same is hereby amended by strflripg
but all of said section after the words " two years " in the
second line therof. '
Approved November 25th, 1863.
n
1863.
No. 76.] AN ACT
To amend section 1203k>f the Code..
Section 1. Be. it enacted by the Senate and House-of Bej>*
resentatives of the Statet of Alabama in General Assembly-sen on.bo«d if
convened, That when any bridge has been erected^ by ^STepsir
contract with the county commissioners, -with guaranty feridg°-' •
by bond, or otherwise, to stand for a stipulated' pefiodf
apd is washed away or bo damaged as to become unsafe
to the public, the court of county .'commissioners "shal^
upon the fact being made known to them -by "any. free¬
holder of the. county, notify the' contractor. to * rebuild
said fridge if it be washed away, or repair ft if 'damaged,"
and m" case of his refusal or neglect to do se in a reason¬
able time (to be judged of by the court) shall order- suit
'tp b,e brought in the name of the county, on,said bond-. ,
Approved November 28th, 1863. *
No. 77;] AN'ACT,
*
To provide for the appointment of oversebrs of ipads in
.• certain cases and'* amendatory of ,'sectfdn lldt2 of theJ
„ eode of 'Alabama.
' Section,!. Be it enacted "by the Senate and House cf.B&p-
re§entatives of the State of Alabalnd in General Assembly
convened, That from and after/the parage of, this * act, Apportioned to
whenever by death, removal or'any other cause, a vac'&n- when"1 oveH!eer'
cy shall'occur in the office of road overseer in any'read,
precinct of this State, the apportioners of said road pre-
oinct' may and are hereby authorized'to, fill.the unex¬
pired term of said overseer by appointment, and the overTi
seer so appointed shall exercise all the powers, perform
allthe duties and be liable to all the penalties that.would
have been, imposed, had he been appointed by the com¬
missioners of the county court.
Approved December 3, 1863.
1863.
72
No. 78.] AN- ACT
•To increase the duties of overseers of public roads, and
4 to prevent parties from joining fences to public bridges.
»' 1 ' •
Section 1. Be it enacted, by the Senale 'and House of rep¬
resentatives of the State of Alabama in General Assembly
overseer to keep convened, That when .bridges on public roads become
when!1 °r °r'" ""dangerous,or have fallenjdown, it is hereby made the duty
of the* overseer on the road on which such bridge or
bridges are located, to keep the ford in order, if deemed
practicable by the supervisor, and for a failure to dis¬
charge" this duty, he shall be guilty of a, misdemeanor.
Sec. 2. Be it further enacted,. That it shall not be law-
"Fence cot to bo fnl for any party or parties to join fences'to bridge's on
joined to bridge, r(jads, unless empowered to do so by an order from
the court of county commissioners, which must bft obtain¬
ed by a^petition to said court, showing that the water
over which - said bridge passes is not necessary to the
travelling public, of to stock of adjoining neighborhood.
Approved December 8,. 1863.
No., 79.] AN ACT
.To authorize- .overseers of roads to serve* process in
certain cases, and for other purposes.
Section. 1. Be it enacted by the Senate and House of JXep-
resentatives of the State * of Alabama in General Assembly
Overseers to ■ 4 Convened, y That the overseers of public roads'are hetein
serve process, authorized and empowered to serve all legitimate process
that may be issued front the magistrates court in his beat
against defaulters to work on said overseer's road, and
the said overseer shall receive the same fees for siich.
Fees. service as is allowed by law to constables for the same;
Provided, there is no constable in the beat in which such
process is'issuedbv the Justice of the Peace. .
Sec. 2. Be it further enacted, That a notice to the
Notico to owr- f overseer of any slave ^Liable to work on any public road in
seer °r ownoi |]rjs gtate, a? provided for by section 1166 of the "Code,
shall be a notice to the owner of such slave as effebtually
as if- the notiqe was served on such owner in person;
and if such »slave fail"'to attend »at the time and place
and with the tools mentioned by said notice, judgment
73
1863.
for tfre penalty now provided , by law,' may be rendered
against the owner of such •slave by the service of process,
on the overseer aforesaid, in the same manner as if such
process were served on such owner in person.
Approved December 3d, 1863.
No.. 80.] AN ACT
To amend Section 3301 of the Code.
Section 1., Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly'
convened, That'section 3301 of the Code be and the same option or jury
is hereb}'' amended by striking out- all after the Word muaemMnor
" fine" in the fourth lino of said section, and inserting the
following words "or imprisonment, the fine not to exceed'
two thousand dollars, and the imprisonment not to exceed
six months, one or both, at the discretion of the jury try-,
ing the same." Provided, however ', that nothing herein y ,
' contained shall destroy, abate or* bar any prosecution rov so'
now pending, or hereafter commenced for any offence re4-
ferred to in this aot.
Approved December 7, 1863.
No. 81.] AN ACT
To amend section 3600 of the Code.
Pi " /
< Section 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly conviction on
convened, That section 3600 of the Code shdll nof extend compiles. °f *°~
to trials on indictments for misdemeanor.
Approved December 5th, 1863.
No. 82.] AN ACT
To repeal section 3948 of the Code.
Section 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly
10
1863. 74
No Sunday suit convened, That section 3948 of-the Code, be and the «ame
for convicts. fs hereby repealed-
Approved NovembeF 30th, 1863.
No. 83.] AN ACT
To amend the Revenue Laws of this State.
Section 1. Be it enacted by the Senate and-House of Rep¬
resentatives of the State of Alabama in General Assembly
Tax on bonds wr conver'fid, That fi'om and after the first day of March next
chased from other, there shall be assessed and collected upon bonds of the
than Government gj.^ 0£ ^Jabama, and also upon bonds of the Confederate
States, a tax of thirty seven and one-half cents on each
and every hundred dollars : Provided, that no fax shall
be imposed upon bonds of the Confederate States held
and,owned by any party who may have purchased the
same .from the government of the Confederate States.
"Provided, that no fax shall be levied or collected on any
Bonds of the State, of •-Alabama, issued and sold before
the passage of this act, which, under/the law providing
for their issue, was exempt from taxation.
" , Sec. 2.' Be.it further enacted, That a tax of seven and a
eoeid.&c.ats on Pe'r cent- shall be assessed and collected upon the
nett profits which may be derived during the year ending •
on the last day of February, 1864,. from the purchase and
sale of g§>ldKsilver, sterling exchange, bank notes, bonds
of the Confederate States, and of the State of Alabama,
bonds of railroad companies, domestic bills of exchange,
notes and other evidences of debt. * * *
Sec. 3. Be it further enacted, That there shall be assess-
Arrcaragcor ta.x3 ed and collected a tax of five per cenf. upon the nett
profits derived during the year which ended on the last
day ol February, 1863, upon all the sources of income
enumerated in the preceding section, in all cases where
there has been an omission to assess the same under an
a'ct entitled " an act to amend the revenue laws of this
State," approved 9tli December, 1862 ; and it shall be the
duty of the tax assessors to reqftire'tax flayers to make
,an affidavit in writing, stating whether they have or have
not paid the tax upon the profits derived from these
source^ during the year ending the last day of February,
f 863 ; "and in all cases where there has been an omission
to assess and collect such tax, the omission shall be cor¬
rected as directed in this act.
75
18g3.
Seo. 4. Be it further enacted, That the eleventh para- Amcnd's A*ct ofj
graph of the second section of an act entitled " an act toy8^.
amend tlie revenue laws of this State," approved Decem¬
ber 9, 1862, be and the same is hereby amended by add¬
ing the words " money on deposit in this State" between
the words " State" and "money" where they occur in the
fifth line of said paragraph ; and it shall be the duty of
the tax assessor to require all parties who return "money
hoarded" to state under oath whether the money so
hoarded, consists of bank bills or coin.
Sec. 5. Beit further enacted, That all taxes on gold
and silver and sterling exchange on hand, on, deposit, or Couoctel°nkm.'
hoarded, shall, from and after the first day of March next,
„be collected in gold and silver*; and all taxes on bank
•notes shall in like manner be collected in bank notes.
Sec. 0. Be it further enacted, That'the gold and silver To pay(interest
and bank notes, which may.be collected for taxes under on bonds,
this act shall be retained in the treasury until needed to
•pay interest on bonds of the State, payable "in Loidon,
and shall be used for no other purpose unless hereafter
authorized by law. *
..Sec. 7. Be it further enacted, That from and after the Money in hand,
first day of March next, the tax on money, on hand;on
deposit, or hoarded; shall be one-half of one per cent.
Sec. 8. Be it further enacted, That the act to amend Tax on potion,
the revenue laws of this State, approved December* 9,
4862, be amended by striking out the word " ten" where
it occurs in the eighth line ot the 9th.section of said act,
and inserting in lieu thereof* the wox*d "fifty/* aiid the0n sbiapIasters,
tax of fixteen per cent, mentioned in the 7th section of
said act shall riot be collected, except from' persons or
corporations who have actually refused to redeem some
of the paper issued by them, respectively ; where there
is no such refusal there shall be no Such tax of fifteen per
cent, mentioned in said 7th section of said act-of Decem¬
ber 9, 1862.
Approved December 8, 1863.
No. 84.] AN ACT
For the relief'of those Counties which are or shall be
overrun by the public enemy.
Section 1. Be it enacted by the Senate and house oj. xiep-
resentatiues of .the State* of Alabama in General Assembly
•1563.
.76
No tax to b« eel- convened, That whenever any county in this State shall
lectod in counties be overrun by the armies of the United States," and shall
remain in their possession for such a length of time as to
prevent the cultivation and gathering of the ordinary-
crops, the Governor shall be, and he is hereby authorized
to issue his proclamation to the tax assessors and tax col¬
lectors therein, directing them to suspend the assessment
and collection of all State taxes therein for the current
tax year in which said invasion and occupancy shall occur;
and upon the publication of the proclamation aforesaid,
the tax assessors and tax collectors in said county shall
»desist from the assessment and collection of all State taxe§
in said county for the current year.
Approved December 5, 1863.
No. 85.], t . AN ACT
„ For the relief of the Tax Collectors of this State.
Section 1. Be it enacted by the Senate and House of-Rep- -
resentatives of the State of Alabama in General Assembly
ism# extended u> convened, That all the tax collectors of this State shall
collector*. have until the first day of March, 1864, to make* final »et-
tlements of their accounts with the Comptroller of public
accounts: Provided, they shall respectively file a written
proriso. consent of their securities on their official bond for such
extensiqp in the office of the Comptroller of public ac:
counts, before this act shall take effect.
Approved December 7, 1863.
No! 86.] AN- ACT
To, relieve tax payers in certain cases.
*
Section 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly
b"«ru°nS*4111 tH convened, That in all cases where th€ tax collector of any
county in this State shall collect from any person in his
or her individual or representative capacity, a larger
amount, as his or her tax, than is really due, the Comp¬
troller of public acoounts of this State is required to draw
his warrant on the Treasurer of the State in favor, of such
person for the amount of the excess of money so collec¬
ted : Provided, the Comptroller is Satisfied by the certifi-
77
1863.
cate of the judge of probate, under the' seal of the county ETid9'ftC9 0VOT.
in which (such excess is collected, that the amount claim,- Pv*«Bt-
ed as such excess, is correct, and has been overpaid by
the party claiming the same.
Approved December 7*1863.
No. 87.] AN ACT
Where real estate of soldiers is sold for taxes, to extend
the time for the redemption of the same,
Section 1. Bs it enacted by the Senate and. Mouse of Hep-1
resefitatives of the State of Alabama in General Assembly ,
convened„ That whenever any real estate,'the property of tioBC«xTea*«dmp
a soldier in the military service of the Confederate States,
shall have been" sold for payment of.any taxes'due, the
time \yithin which such real estate may be redeemed, is
hereby extended until three years after the ratification
of a treaty of pejace between the Confederate«Statesw and
thC United States.* .•
Approved December 3, 1863.
No. 88%] AN ACT
To' authorize [the redemption of lands of alien enemies',
sequestered to the Confederate States, which, have
been or may .'be sold for taxes.
Section 1. Be it enacted by the Senate and House of Rep*
resentatives of the State of Alabama in General Assembly Receiver may ra.
convened, That whenever any lands, tenements or here- estw'aX1
ditaments belonging to alien" enemies and liable fot se¬
questration, under the acts of Congress of the Confede¬
rate "States, have been heretofore sold, or may hereafter
be sold for non-payment of taxes, and the same shall
afterwards be sequestered by decree of ,a competent
court of the Confederate States, such lands may be re¬
deemed, on behalf of the Confederate States, by any re¬
ceiver appointed under said acts, and the? time, for making
such redemption is hereby extended for two years.from
the passage of this act.
■ Approved December 3, 1863.
1863.
78
No. 89.]. AN ACT
To provide for the igsue and sale of State Bonds and for
other purposes.
Section 1. Be it enacted by the Senate and House of Bcp-
Act of 1862 re- resentatives of the State of Alabama in General Assembly
vived. r° convened, That all the provisions of an act entitled " An
act/to authorize-the issue and sale of State Bonds," ap-
• proved December 9, 1862, be and the same are hereby
re-enacted aOd continued in full force.
Appropriation. Sec. 2. Be it further enacted, That the sum of one hun¬
dred thousand dollars, or so much thereof* as shall be
necessary, be and the same is hereby7 appropriated and
'placed at the disposed of the Governor, for the purpose
of carrying" said act into effect, to be drawn from the
treasury7 upon his warrant, as occasion, may7 f equire.
Approved December 8, 1863.
No. 90.] AN ACT
Appropriating^ sum'of money7 to pay7 for the prepara¬
tion of Treasury Note Change Bills.
Section 1.' Be it enacted by the Senate and House of JRep-
Appropriation for resefdatives of the State of Alabama in General Assembly
deficiency, convenedy That the sum of twenty-one thousand, seven
'hundred and three'and 25-100 dollars be, and'the same is
hereby appropriated out of any money7 in the treasury,
to cover the amount .necessarily7 expended for carrying
into effect the provisions of an "Act to authorize the
issuance of Treasury Note Change Bills by7 the State of
Alabama," approved the 8th of November, 1862,, and of
" An Act. to amend an act to authorize the issuance of
Treasury Note Chdnge Bills by the State of Alabama,"
approved the 4th of December, 1862.
Approved December 5, 1863.
No. 91.] AN ACT
To make appropriations for the fiscal year ending on the
30t.h September, 186*4.
Section 1. Be it enacted by the Senate and House of Bep-
resentatives of the Staie ' of Alabama, in General .Assembly
79
1863.
convened, That the following sums of money be, and the
same rire htereby appropriated for the payment of salaries
and other claims against the Statd for the fiscal'year end¬
ing the 30th day of September', one thousand eight hun¬
dred and sixty-four, viz ; To the Governor, of the i State,,
four thousand dollars ; to the Secretary of,State, sixteen oth^s^bouse
hundred dollars ; to the Comptroller of Publin Accounts,offiCisrs-
two thousand four hundred dollars ; to the State Trea¬
surer, two thousand six hundred dollars ; to the Superin¬
tendent 6f Education, two thousand dollars ; to the Com¬
missioner of Public Lands, two thousand five hundred
dollars; to the draughtsman in the Land office. tw:elve
huFjdreri* dollars'; to the Supreme Court Judges, each,,TlKlges.
four thousand dollars ; to the Supreme Court Reporter,
twelve hundred dollars ; to the Supreme Court Marshal
and State Librarian, one thousand dollars ; to the Circuit
Court Judges, each, two thousand dollar,*.; to the' Solici-Soljcrtorgand At.
tors, each, two hundred and fifty dollars ; to the Chancel- torn°y General,
lors, each, two thousand dollars ; to the Attorney Gene¬
ral, four hundred and twenty-five dollars ; to the. ClerkClerk3)
in the comptroller's office, one thousand dollars * to the
Clerk in the .treasurer's office, seven hundred and fifty
dollars ; 'tp the Clerk in the secretary of State's office,
five hundred dollars ; to the Secretaries of the Governor,
twenty-five hundred dollars,; to the keeper of the State
House, one hundred and fifty dollars ;. to the Quartermas¬
ter General, three hundred dolhms ; to the State Afmo-Militaryofflcers.
rer, one hundred and fifty dollars ; to the" Adjutant and
Inspector General, four dollars per day for each day he
shall be engaged in the actual duties of his office, not to
exceed two'hundred dollars ; to the principal Secretary door
of the Senate, and the principal Clerk of the House, .each, keepers, &c.
ten dollars and fifty cents per day for each day -of the
session ; to the assistant Secretary of the Senate and the
assistant and engrossing Clerks of the House, each, nine
dollars per day for each day of the session";'to such ad¬
ditional assistant clerks as may be employed by the Sen¬
ate and House, nine dollars per day, each, for the number
of days so employed ; to the cjoor-keeper of the Senate
and House, seven and a half dollars per day, each, for the
session ; to the Messenger of the House, two 'dollars and
fifty cents per day, for the session ; to pay contingentEducation,
expenses in the office of superintendent of education, nine contingent,
hundred .dollars ; to the. principal Secretary of the. Sen-Secretaries and
ate and the principal Clerk of the House, for completing Clerks-
the Journals of their respective (houses, arranging and
8i
1863.
No. 93^ AN ACT
To authorize the Governor of this State to lease the
» public,lands for certain purposes.
Section 1. Be it enacted by the Senate g.nd House of Rep¬
resentatives of 'the State of Alabama in General Assembly ,
convened„ That the Governor of. this State be, and he is
hereby authorized and empowered to'lease the public ptoses
lands of this State to companies or persons engaged or
who may desire to engage in the manufacture of- Potash
pr Nit^e, either under contract with or directly for the
Nitre, apd Mining Bureau of the Confederate .'States
' Government, and also to lease for' like purposes' caveSj
.mines and mineral deposits upon such terms as he may
deeih just and proper. ' /
Annr-oved November 23,1863.*
No. 94.]. AN ACT
* *
To Contribute to xne support of the indigent families
of, soldiers in the military service from the State of
Alabama., "
t * * T *
Section 1. Be it enacted by the Sefiate and House of Rep¬
resentatives of the State of Alabama in General Assembly
convened, That the sum of Three millions of dollar^ be Appropriatlonfor
and'the s&me is hereby appropriated, for the support of*uPP°rt- *
the indigent families of soldiers who are now in or may
' hereafter enter the military service of the,Confederate
States from the State of Alabama, br who- may now or
hereafter be in the "military service-of this State,,to be
distributed in equal amounts in the "months of January,
May and October of the year 1864, under the provisions
'of an act entitled "An act to provide for the support of
' the indigent families of soldiers in the army of the Con¬
federate States from the State of Alabama,'" approved
12th November, "1862: Provided, That indigent farhilies Subgtitutes, faml.
of substitutes be allowed equal participation in the dis-u«s included,
tribution of the funds herein appropriated, except in
cases where the substitute received more than fifteen
hundred dollars for becoming a substitute.,
t SeC. 2. Be it further enacted, That -if any Judge-of
Probate, popamissioners or agehf* employed in'carrying
11
1863.
82
Penalty for u»ihe out the provisions of this act, shall apply any of the
ftmds by agents funds .or articles which myy come into his hands to his
own use-, he, shall he deemed guilty of embezzlement,
and on conviction shall.be punished as now provided by
Jaw for such offence. *
« Sec. 3. Be it further enacted, That' if any agent or
Negieet or faiiqrs officer who may be entrusted with the ' distribution^
by agent. the funds appropriated for the benefit of the indigent
families of soldiers, shall wilfully fail to make" an equal
and impartial application of the same, he shall be subject
to indictment therefor, and on conviction shall be fiped
not less than one hundred nor more than five hundred
dollars, and shall be imprisoned in the county jail not
' less than six months. ,
Sec. 4.r Be it further enacted, That, the indigent famn
Families of da- lips of deceased soldiers and those discharged soldiers;
charged Dsoidiers w^° are incapacitated for physical labor on account of
wounds received or permanent diseases contracted in the
service, be and the same are hereby made beneficiaries
Under this act. *,
Approved December 8,1863.
No: 95.] AN ACT
To amend "an act to contribute to the support of the fam¬
ilies of soldiers in the military service from -the State
' of Alabama/' approved 29th August, 1863.
9 4
. Section 1. Be it enacted hy the Senate and Souse of Rep¬
resentatives of the State of Alabama in General Assembly
instalments for convened, That the " Act to contribute to the syppo.rt Of
1863 consoiida- the families of soldiers in the military service from the
State of Alabama," approved the 29th of August, 1863,
be, and the same .is hereby so amended as to authorise
the consolidation of the second and third instalments,
for the months of November and December, of the one *
million of dollars appropriated by said act, and that the ,
comptroller apportion the same to the several counties .
according to the number of families reported to his said
office, and issue hig warrant therefor, at any time after
the approval of this act, to the probate judges of their
respective counties, to be by them distributed as direc¬
ted by the " Act to provide for the support of the indi¬
gent families of soldiers in the army of the Confederate
83
1863.
States from the State of Alabama," approved 12th No¬
vember, 1862. . ■ $
Approved November 28, 1863
No.96.] AN. ACT
To give the carpets of the State of Alabama for the UBe •
of private soldiers from Alabama in ti^e Confederate
service. " -
" Section 1. Re it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assemblyaoaat#d
convened, That such of the carpets of the State tof Ala- to Alabama «oi-
bama, in fh,e State capitol, as can-be beneficially used for diers
blankets, are hereby given away for the use and comfort
of the private soldiers from Alabamd in the Confederate
service, to be divided and distributed -amongst them as-
the.Governor of the State may direct. *
Approved December 8, 1863.
No. -97,] AN XCT
To provide indigent families with Salt - and Cotton Y&rn.'
Section 1. Be it enacted by the Senate and'House of Rep- maTasait^&c,
resentatwes of the State of Alabama in General Assembly
"convened, That the-Courts of County Commissioners-of
»this St|te shall have authority to engage in the manu¬
facture ' of salt for the use of the indigent families of
their counties, and that they shall have, authority to buy
or lease a furnace or furnaces, and so much land as may
be necessary, to employ necessary agents, to'(hire hands,
buy or hire wagons, teams, and to make any and all
necessary ^contracts to" carry on the business, and that
they shall furnish .the indigent families of their 'counties surplus." M
with salt so made, at a price not to exceed the c.ost of
manufacture and expenses of delivery: Provided, That
If at. any time there shall be in the possession of the
.Commissioner's Court a surplus -of salt over p.nd above
what may be necessary to supply such indigent families
of their county, such salt.may be sold.by .them at the
market price for the use of the eourity; And provided
1863.
84
** '
No ton to st&te. further, that if such furnace, or furnaces snail he located
on the State land6 no toll shall be paid to the State."
Sec. 2. Be it farther enacted, That the do'ur^ of Cord*
May buy yarns.. m}ggi0Iierg Bhall have authority to purchase cotton yarns
or the use of the indigent families of their counties,Uhe
rarn to be furnished to them at a price not exceeding
>ost and expenses. ' *
Sec. 3." Be it further enacted, That When any county
when not enti* so engages' in the manufacture of salt, and shall make a
tl#dtoStata salt'surplus or sufficiency to supply their indigent families,
they shall not be entitled to receive any from the St&te.
appropriations. ' . . • *
,Sbc. 4. Be it further enacted, That the Court of County
fnYioyyTwT7 Commissioners shall have authority to use any money in
• the county treasury for the purposes mentioned in this
actti and if it is necessary may impose a special tax, not
exceeding-one hundrpd per cent, on the State tax, for
the purpose of raising funds to carry out the provisions
of this act. *
Approved December' 3, 1863.
No. 98..] AN ACT
For the'relief of indigent families of soldiers'in the ar^my
■of the Confederate States.
j «< Section 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly
convened, That the agent of the Court of County Commis-
bution. sioners in the several counties in this State, appointed to
distribute funds or provisions amongst fhe indigent fami*
lies of soldiers in the army of the Confederate iStates,
'shall npt 'be'entitled to more than one*per cent, on the
* amount of the cost of said provisions, or on the amount.of
funds so distributed. '
Approved December 3, 1863.
No. 99.] AN ACT
To provide for paying for medicines furnished to indi¬
gent families of soldiers from the State of Alabama, in*
the military or naval service of the Confederate States.
Section 1. Be it enacted by the Senate and House of Rep-
.resentatives of the State of Alabama in General Assembly
85
1863.
* * r
converted, That from and after the approval of this act, if county'to pay
any physician o? sufgeon shall, at the request of any fur
tflember of an indigent family of a Soldier in the military
or naval eeryice of the Confederate* States,'from this
State, or any member of the indigent family of any
deceased soldier from this State, furnish any neces^&ry
and -proper drugs or medicines for the use of any mem¬
ber of such family at a price or charge' not exceeding the
market price or usual charge; and shall make affidavit
that suph drug or medicine was so furnished, and was ne-Affidau
ces?ary and proper, and that the price charged for the
same does not exceed the market price, or usual .charge,,
, and shsftl make out his account accordinglj^ it .shall be
the duty of the court of county" commissioners of the
♦county in whi.ch the drug or medicine was,so provided,
"to order t}ie t amount of such account to be paid' out of
the treasury 'of the county ; and it shall .be the duty of
the" county treasurer to pay it -out of any' county -funds,,
not otherwise appropriated ; Providedt however,'that if when court may
said court shall be satisfied.by-other evidence that therefQse"
account is unjust, it'shall not be allowed : And 'provided Pregcriptroil ^
furtherthat thig act shall not authorize any allowance for not included,
apy.'prescription, qr attendance, or medical advice pf any t
such physician or surgeon.
Approved December 8, 1863/
No. .100.] * AN ACT
To authorize the use of funds "appropriated for -military'
j and. hospital purposes, to meet appropriations.for the
indigent families of soldiers.
Section" 1* 'Be it enacted by the Senate and House of Rep¬
resentatives 'of thet State of Alabama in General Assembly Military fund ta
convenedT That any unexpended funds heretofore appro-soTiiea^lUes of
priated for military or hospital purposes, may be.use.d and
paid out by tjie proper officers, for the purpose of meet¬
ing apprppriations for the indigent families, of -soldiers
from this Sta*e, until otherwise provided by law, any law
to, the contrary notwithstanding.
Approved December. 3„ 1863. „
1863.
86
No. 101.] AN ACT •
For the relief of persons rendered destitute by the sei¬
zure, waste or destruction of their means of subsist¬
ence by the public enemy.
4
Sectioh 1. Be it enacted by the Senate and House of Itep-
peserltatives of the State of Alabama, in General Assembly
commissioner' convened, That it shall bp the duty of the Court of County
^"rt bp ^ Commissioners within the counties of this State, which
have been, Or' which may hereafter be invaded by the
armies of the United States during the existence bf the
E resent war, so soon as it shall become practicable, to
old a special session of their respective courts, under,
such rules as shall be prescribed by said courts, to'aa-
xscortain desti- certain the number of .persons within their respective
tutefatniiiss. counties who have been rendered destitute by the sei¬
zure, "waste or destruction -of their means of subsistence
either by the public enemy, or by the State or Confed-
Eenort. erate forces, and to report the same to the Comptroller,
and the extent of the assistance needed for- the support
and maintenance of" such persons : Provided, that no
Proviso, person shall be entitled to any benefit under this act
, who has "not resided in" this State continuously since the
•1st day of Mhy, 1861.
Sec. 2. Be it further enacted, That where, in any eoun-,
when judge ma ^ may found impracticable to hold such session of
report!V, maythe Commissioners' Court,'by reason of the presence of
the' enemy, it may be lawful for the judge of the Court
of Probate thereof, to render to the Comptroller a re¬
port, founded upon the best evidences which he can ob»
tain,.,of .the amount of money actually needed by the
destitute of .his county, to prevent want and destitution,
which report shall be received and. acted.upon as though,
it had- been ^regularly made as provided by the other
' section of this act.
SlC. 3. fe it further enacted, That it shall.be the duty
of said Commissioners' Court to ascertain," if possible,
Mcertdm. ey- Aether or n0£ persons are loyal' to the Confeder¬
ate States ; whether such persons have taken the oath
of allegiance to the government of the Upited States,
and under what circumstances, whether voluntarily pr1
under duress, and report the same. *
Sec. 4. Be it f urther enacted, That when any Court pf
Comptroller's County Commissioners, or Judge of Probate, shall Wake
duty, &c, their report to the Comptroller, it shall be hik duty to
87
1863.
report the same to 'the Governor, who shall determine
what amount shall be applied to such counties out of the
moneys hereinafter appropriated.
Sec. 5. Be it further enacted, That i any person or p©r-DisloJ,alnotea
sons who shall have voluntarily taken the oath "of allegi-titled-.
ance to the government of the United States, Or who is ,
disloyal to'the Confederate government, or who has de¬
serted from the Confederate-, army, or who has harbored
' deserters from 'said army, shall not be entitled to the
benefits of this act. ' ' '
S£c. 0. Be it further enacted, That the sum of five Appropriation
hundred thousand dollars be, and the same is hereby ap-1
propriated. * . ' -
- Sec. 7. Be it further enacted, That the sums of money
so appropriated to each county under this' act, shall be riistributioA of
distributed by'the Judges of Probate of .their respective un
counties, in the same manner,- and such officers shall be
' entitled tp the same compensation and subject to the
same pains ,and -penalties for a misappropriation of the
moneys, as is now'provided by law, under an act entitled
"-An Act to provide for the support of the indigent"
families of soldiers," approved November 12th, 1862. >
* Approved December 8, 1863.
No: 102.] ' AN ACT
To give .the Governor power in certain cases. , .
Section 1. Be Henacted by the Senate and,Souse.of Bepf
reseritatives. of the State of Alabama in General Assembly \
convened, That the staff officers of the Governor of the Governor may
State of Alabama, whose appointments are now" or may dlsmiss staff-
be hereafter-provided ,for by law, shalbhold their com- ,
missions subject to the discretion of the Governor, and
may be dismissed at any time, when in his judgment the
public service requires it to be done.
Approved December 7, 1863.
No. 103.] AN ACT
To increase the efficiency of the Quartermaster's Depart¬
ment Of the State.of Alabama.
Section 1. Be it enacted by the Senate and house of ttep-
resentatives of [the State of Alabama in General Assembly
1863/
83
n_ . convenedThat the office of Quartermaster General'as
provided for in the military code of the State of Alaba¬
ma, be, and -the same is hereby abolished, and that all the
duties imposed upon that office by the laws' of this State,
Duties to»be per-shall be jDerformedby the Quartermaster -Generhl provid-
formed oy. -n an orciinailce'" To provide*for the military de-
' fence of the State of Alabama," adopted January 19th,
1861. ' ' , •
Sec. -2. Be it further enacted, That the Quartermaster*
office la bo wt General shall be stationed at the capital of the State, and
capita. shall keep an office at that place for the transaction of all
business pertaining to this department.
, SeCv 3; Be it further enacted, That all appropriations
cfothing'and" madp 'by the General Assembly for- the purchase, manu-
equiptoents. facture -or distribution- of clothing and camp equipments
of'every description-whatever, for the soldiers of, this
State, shall bo ©upended'under the supervision of the
Quartermaster General,-and it shall be his duty to s^e
that all such appropriations are properly, economically,
, and in good faith applied to the purposes for whiOh" they
are intended, ' * *
Sec. 4. Be it1further enacted, That the Quartermaster
Distribution 'of General shall.be, and he is hereby charged-with the dis-
salt' tributiori of all salt ^either manufactured or purchased by
the Sjtate for. the -use of the people thereof, and for this pur¬
pose it is hereby made' the duty of the State salt commis-
rnd^cntTto ro- SiOper, and of all agents and contractors who may either
port. &c. make or purchase salt -for the State of Alabama, to report
*.to the Quartermaster General the amount so purchased or
tnade, and to deliver the same to his order for distribu¬
tion. And it is hereby made the duty of the Quartermas¬
ter, General to perform all the acts which' are now requir¬
ed by law to be performed by any other officer of the
State'in'the- distribution of salt. *
Sec. 5. Bev it further enacted, That all moneys which
,To disburse salt may be appropriated by the General Assembly for the
funds. purchase, manufacture or distribution of salt in this State
shall be disbursed by the Quartermaster General, to* tfie
several agents who may be employed by the State in
* such purchase, manufacture or distribution- *
' Sec. 6. Be it further enacted, Thaf all mattys connec-
supportofmdi- ted with the support of indigent families of soldiers shall
gem families, ^ devolved upon the Quartermaster's department, and
it is hereby made the duty of the Quartermaster General
. to superintend the execution of all laws .of the State pro¬
viding for this purpose. And all duties which are now"
$9
1863.
by la"\v imposed upon any other officer of The State gov¬
ernment at Montgomery, in carrying into effect the-leg¬
islation of this State; for the support of the indigent fam¬
ilies of soldiers, are'hereby lhade obligatory upon the
Quartermaster General.- '
Seo. 7. Be it further enacted, That all money expend*
ed by the Quartermaster General in the discharge of the how t
duties herein required of him, shall be drawn from the
treasury updn the warrant of the Quartermaster General;
sotting forth the fund from which it is to be paid, and
the purpose to which it is to be applied.
Sec. 8. Be it further enacted, That it shall be the duty
6f the Quartermaster General to submit annually to the RCpo'rt8 tu be
Governor, by the first day of November, a complete re-1Jiade- -
port of the operation of his department during the year
immediately preceding such report, showing the, amount4'
of all money received and disbursed in, said department,
and 'also exhibiting what has been done by said1 depart¬
ment in providing clothing for the soldiers, in furnishing
salt, and making provisions for the support'of the indigent
families of soldiers. * (
S;pC.* 9. Be it further enacted, That the Quartermaster
Geperal be*, afad he is hereby authorized to employ a omploy
clerk, at a salary not to exceed two jdiou&and dollars" per
annum.
k SfiSc. 10. Be it further enacted, That all matters con-
*nected wifh the ordnance department, created by an ordi¬
nance " To provide fpr the military defence of the State r n<mce'
of Alabama^." adopted January 19th, 1861, and all the dm*
ties therein imposed on the ordnance officer therein men¬
tioned, shall be performed by the Quartermaster General,
in this act mentioned. That the salary of the Quarter-fialary.
master General of this State shall hereafter be four thou:
sand dollars per annum, and no more.
SEc. 11. Be it further enacted, That said Quartermaster
General shall in all things be.subject to the orders,nnd'oiubGo\iruor!d(i'-
under the command of the Governor of the State of Ala- •
• bama.
> Approved December 8,. 1863.
No. 104.]. : AN AOT
. * ' 0
Tq regulate the settlement of accounts in the military
department of this State.
Section 1/ Be it enacted by the iSenate and Mouse of *Rep*
12
1863. 90
resentatives of the State of Alabama in General Assembly
officers to report convened, That it shall be the duty of the several officers
quarterly. an j agents in the military department of this State .to re¬
port every three months, in writing, a full statement of all
their respective operations for said period, stating the
amount of cash on hand, and materials and stores of all
kinds, and their situation.
Sec. 2. Be it further enacted, That said agents and of-
resettle garter- ficers shall be required to settle with the military audi¬
tor oftcuer, tor for g£a£e at the end of every three months, and
oftener if required by the Governor, and pay. over into
the treasury of this State all cash balances in their hands,
if required by the Governor, and on failure to comply
penalty for fail- wjth the provisions of this act, or any one of them, shall
be liable to indictment, and on conviction shall be fined
in such sum not exceeding five thousand dollars, as the
jury trying the same may assess.
< Approved December 8,1863.
No 105.] AN ACT
» » ' *
.To consolidate the unexpended fund of the Military
Appropriation.
i- Section 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly
convened, That the sum of three million, six hundred and
thirty-three thousand, one hundred and seventeen 27-100
dollars, being the unexpended balance of former appro¬
priations for military purposes, be and is hereby placed
to the credit of an account in the Auditor's office, to be
known as the " Military Fund," and the Governor be and
is hereby authorized to draw his warrant upon the Audi¬
tor, specifying in his warrant the purposes of said draft1,
and the amount to be charged either to the Quartermas¬
ter, Commissary, Ordnance, or Medical Department, as
the occasion may require.
Approved December 7, 1863.
Military funds
consolidated.
How drawn and
charged.
91 1863.
No. 106.] * AN ACT
To exempt certain persons therein named from military
duty in the provisional army of the Confederate States.
Section 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly •
convened, That in accordance with the provisions of the er^^sessori^coi-
fourth section of an act of the Confederate States . Con- lectors, county
gress, entitled " A^. act to. repeal certan clauses of an act cOuuty treasur-
entitled ah act to exempt certain persons from military ^ft™tr0ar1sad"
service," approved May 1st, 1863, the following State and.
county officers are hereby declared exempt from military
duty^ in the provisional army of the Confederate States,
to-wit: The reporter of the Supreme Court, assessors and
collector^ of State and county taxes, county commission¬
ers, county treasurers, general administrators, where they
have been in office for five years or - upwards.
•' Sec. 2. Be it further enacted, That the Governor be/
and he is hereby requested to communicate a copy of$^a1£Secretary
this act to the Secretary of War at Richmond. .
Approved December 5,1863.
No. 107.] AN ACT
For the exemption of the officers of the Penitentiary-from
conscription. "*
Section 1. Be it enacted by the Senate and House of 'Rep¬
resentatives of the State of Alabama in General Assembly
convened, That the inspectors, warden, deputy warden , Officers, &c.j .
physician, clerk, turnkeys, and such number of overseers •'"p1-
and guards, pot to exceed in all twenty in number, be and
the same are hereby exempted by. this act from military
service in the Confederate States;
Approved December 8, 1863.
No 108.1 AN ACT
In relation to Alabama Hospitals in Richmond.
Section 1. Be it enacted by the Senate and House of Rep*
1863.
92
resentatives of thq State of Alabama in General Assembly
Hospitals Macon-Convened, Thai) all acts for the establishment of-Hospi'
turned ^ajs »n Richmond, Virginia, fqr sick and wounded soldiers
from this State,-be and the same .are'hereby repealed,
that said Hospitals be discontinued, and that all appro¬
priations for carrying them on be withdrawn. •
Sec. 2, Be it further enacted', -That, the Governor be,
Disposition of arid he-is hereby authorized to sell or otherwise dispose
property, ^ tjie pr0perfy belonging to the State connected with
(said Hospitals, and ' to withhold from sale any of said
property which he may deem best to retain for the use
pf the State,' or for present or futui'e Hospitals, or hu¬
mane purposes, and to do whatever shall be necessary
,to accomplish all or any of their objects.
Approved December 8th, 1863.
No. .109.] AN ACT
More fully, to explain and carry into effect Joint Resolu¬
tions in relation to Alabama Volunteers, passed by 'the
General'Assembly of the State of Alabama, and" ap¬
proved November 5, 1862.
"Whereas, It is desirable to preserve by proper recofd
Preamble nai?ies) organization, services and* facts concernirig
'Alabama troops, in their participation 'as, Confederate
soldiers in this great "struggle for freedom, so that relia¬
ble reference mriy be had thereto, for the present benefit
of relatives of .those deceased, and the survivors hereaf¬
ter, and the descendants of these brave men; as well as
that such may be kept.in the archives of the State, as a
perpetual testimonial of the distinguished service these
troops have rendered to her
Be it therefore enacted by the fifenatd and House of Rep¬
resentatives of the State of Alabama in General Assembly
convened, That section two of " Joint Resolutions in rela-
poiWsupoHntrta-li°n 1° th© Alabama Volunteers," approved Nov. 5, 1862,
cords*ArmyBo'be so explained and amended as to instruct the Govern¬
or of the State of Alabama to appo^it a«superintendent
of Army Records, with the rank and pay of a Colonel of
Artillery, whose duty it shall be to collect the names of
all officers „and soldiers from thife State, who have been
?Hties' or may hereafter be mustered into the service of "the
Confederate States, -apd have them transcribed into suit-'
93
1863.
# * •
able books of record, designating the cordpany find bat-R0eord.
talion or regiment to which each belonged, with his rank,
age,'description, place, date and torhi of enlistment, res-'
idence, occupation, 'time of actual "service, and when, „
where, find bow such service terminated; and, with ref-Accoimt'R „f Ae.
erence to soldiers who have died or been killed in sucbc,'a,HS0!(licrs-
service, to ascertain and state in suitable form, as accu¬
rately as possible, the account of such deceased .soldiers,
for pay, clothing, &c., with the Confederate government,
to the end that their representatives may Have informa¬
tion thereof, to the obtaining of the balance due, without,
cost, noting also, s.uch as may be wounded, and when and
where, and such incidents of gallantry as may cause any ' .
ta be specially distinguished; and keeping such tran-^0gUuDjgUeri*x,lli"
script as far'as possible, separately for each regiment,
battalion or independent company, and compiling "the
same alphabetically, in the order of Companies for each Alphabetical or-
command, and with separate references as to organize- d,er of Becord-
tion, marches, battles and incidents, as may^e necessary
to furnish .history general and special'as complete as' caii
be obtained. And such records shall be finally perfected
• by such amplifications and tabular statements in recap¬
itulation as the Governor may direct. And sgid superj>f,gisUuts allswi
intendent shall be allowed such assistance, in thb pey-
form an ce of the duties of his office, and such remunera- Remuneratio».
tion*for expenses and labor therein, as1 the Governor may
authoyifee. Provided^ that the office herein Ci'eated"shall
be discontinued at any time at the^ discretion of the Discontinuance,
Goyernor, and the records and business thereof trans-&c-
ferred to the office of the Secretary of State.
Appr.oyed. December 7, 1863.
No 110.] ' AN ACT
Ifor the relief of the families of soldiers wjio'liave died
• in the military servicC of the Confederate States. '*
Section 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly AKe»tto b0
convened, That the Governor of the State be, and he isPoin'«d- ' ...
hereby authorized to appoint an agent, vhose duty it Dut»s.
shall be to'collect and 'settle all claims for pay, bounty,
©r commutation money, that may be due by the Confed-,
'^rate States to any soldiers from the State of Alabama,'
1863.
94
who may have died, or who may hereafter die in the
military service of the Confederate. States during the
present war : Provided,.the Governor shall have power
to remove and discontinue said agent.
Sec. 2. Be it further enacted, That the said agent shall
be required, under such rules as the Governor of the
State may prescribe, to settle &nd adjust the claims and
accounts of all such deceased soldiers from this State as
may be entrusted to his charge, collecting therefor scrip
from the Confederate Government, payable to the par¬
ties entitled thereto, and to. transmit the same to such •
parties as are authorized by law to receive the same,
without charge to such persons.
Sec.. 3. Be it further enacted, That said agent-shall he
required to give bond for the faithful performance of his
duties, if in the opinion of the Governor such bond shall
be deemed necessary, in (such form as the Governor of
the State may require.
Sec. 4. Be it further enacted, That the Governor is
hereby authorized to pay said agent such compensation
as he shall deem just and reasonable, not to~ exceed the
sum of three thousand dollars, which shall be paid by
his'warrant on the Treasury of the State.
Approved December 8,1863.
No. 111.]' AN ACT
To provide for the military defence of the State of Ala¬
bama.
, Section 1. Be it enacted by the Senate and Bouse of Rep¬
resentatives of the State of Alabama in General Assembly
Appropriation, convened, That the sum >of fifteen hundred thousand
dollars be, and the same is hereby placed at the disposal
of .the Governor, to be used and expended under his
direction, and paid out upon His warrants, for the mili¬
tary defence of the State, if necessary, in such manner
as he shall deem best for the good of the State.
Sec. 2. Be it further enacted, Thafif the sum hereby
Bonds may is««e. appropriated shall not be in the treasury when necessary
to be used, thp Governor may supply the deficiency by
the,sale of State D'onds, bearing interest at the rate of
six per .cent, per annum, having twenty years to tun,,
and renewable at the pleasure of the State* which bondi
To settle claims.
Bond.
95 1863.
shall have coupons for interest "attached, payable, semi¬
annually in such funds as may be current at the time of
their maturity.
Sec. 3. Be it further •enacted,' That all coupons of bonds
issued under the provisions of this act shall be received a'i:oiv;
in payment of all taxes'and public dues of every descrip- iUs, &c.l'ubho
tion, and for all corporate and county taxes levied or
assessed after the passage of this act, except the tax on
gold or silver, sterling exchange and bank notes.
Sec. 4. Be it further enacted, That if any person .or
persons shall forge or falsely alter any bond or coupon ^1en^tg0f^sforg"
issued by virtue of this act, or shall „ alter or attempt to -
pass any forged or altered bond or coupon purporting to
be issued in pursuance of this act, knowing such bond
or coupon to have been forged or altered, such person
shall b© guilty of forgery in the first "degree, and'shall
suffer the pains and penalties now affixed by law for
forgery in the first degree. ,
• Sec. 5. Be it further enactedThat the Governor is
authorized to pay the person or* persons employed by for
him to sign and-number coupons, and to number, date
and fill up the same, such compensation as he shall deem
just, either by the day or by the thousand numbers and
signatures. ,
Approved December 7,1863.
No. 112.]' AN. ACT
To amend an act entitled " An Act to fe-organize the
Militia of the* State of Alabama," approved August
29th, 1863.
p
Section T. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama inj General Assembly
convened, That whenever the State militia, or any part of G nor m.t
the same, is called into the active service of the State, organize,
that the Governor maty, at his discretion, organize the
militia, so called into active service, into companies, bat¬
talions, regiments, brigades and divisions ; the Generals
of said brigades and divisions to be appointed* by the Officers, how ap-
Governor, and the commissioned officers of said com-pointed\&c'
panies, battalions and regiments, to be elected* by said
respective commands, upon such notice and under such
rules and regulations as the Governor may) prescribe;
1863.' 96
—K
the organization in other respects to conform to that of
the Provisional Army of the Confederate. States. ,
Sec. 2. Be it further enacted, That any requisition
Requisition 0f which has been or may hereafter be made by the Presi-
pivRidont, how ^nt upon the State militia, for Confederate'service, shqfl
be supplied by the Governor -by draft or otherwise, as*
he may direct, from all or any part of such mjlitia at his
'discretion, according to the exigencies to be met, the
number of troops required and the term of service, and
in'case of 'a draft the same shall # be made aqd enforded
under such" rules and regulations as he may prescribe ;
1 and' he. shall designate the time and places at which
the drafted men Shall rendezvous ;• to cause defaulters,
tailing to appear after reasonable notice, to be published'
and, arrested and punished as deserters, according to the
rules of the military law to organize the drafted men
how organized. ' into companies; battalions' and, regiments, brigades and
divisions, Us-prodded bj* the first section of this act, and
fo/urni,sh subsistence ymd transportation to the places
Of .rendezvous. *
' SEC. 3. Be it f urther enacted, That the organization gs
Organization to * provided by this act shall continue no longer than the
continue. ■* .state militia shall continue in active service.
♦ Sec. '4. Be it further enacted, That the relative rank of
Rank of office^. • officer's of* the tame grade, elected on the same day, shall
be deqided by lot, under the direction of the Governor,
and that the rank of officers- appointed shall be decided
by the ordeT t)f their appointment.. ' 1
Approved Deceipber 4, 1863.
supplied.
Draft.
(Defaulters^
No. 113.] AN ACT
To amend an " act*declaring who shall he exempt,from'
militia duty in this State," approved August 29th,-1863.
* *
Section 1. Be it enacted by the Senate and House ofRep-
: resentatives of the State of Alabama in General Assembly
Repeals Sec. 2, 'convened, That Section 2 of an act declaring who shall
"be exempt from militia duty in this State, approved Au¬
gust 29tb, 18|3, be, and the same is hereby repealed. :
Sec. 2. Be it further enacted, That any person liable
to service in the militia of this State, who shall make as
Salt ma vers. much as ten bushels of salt per day on. his individual
account, or on a partnership account in which said per-
.9?
1863.
son is concerned, and shall sell the same for Confederate
or State treasury notes to the Governor of the State.for
the use of the people thereof,. at a price not exceeding
iifteen dollars per bushel, fend deliver the salt in such
quantities apd at such places as • the Governor may di¬
rect, shall be exempt from such service. Provided, but
one person making salt for a company or partnership in
which he is concerned shall be exempt under this act.
And provided further, that salt manufactured within the
limits of this State shall be delivered at the yworks
where made.
Sec. 3. Be it further enacted, That Section 1 of said
act be amended as follows : 1st, Strike out the words Exempts wagon
"and no exemption in any case can be made except for^ei'-s^andfo/pub-
State or public purposes," where they occur fn lines 54lics™d *y Goy-
and 55 thereof, and insert in lieu thereof the words
"when he thinks the public good will be promoted by
such exemption." 2nd, Insert the words. " and wagon
maker and tanners," Provided, they have been engaged
exclusively in that business for three years next prece¬
ding the commencement of the war, " and will not sell
leather for more than one hundred per cent, on the cost
of the raw material. After the words " blacksmith " in
the 22nd line thereof, and the words " and negro wagon
maker" after the wor*ds " negro smith" in the same
line. 3d, After the words "blacksmith" in the 24th line
of said section insert'the words " and wagon maker."
Approved December 7th, 1863.
No. 114.] AN ACT
In relation to ' the Exemption of Firemen from militia
duty.
Section 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly Fjremen exempt
convened, T^iat no Fireman shall be'exempt from militia*^,
duty under the existing laws of this State, unless he
belongs to some lawful military (Organization and duly
performs his duties as a member of such organization.
Approved December 7, 1863.
13
1863.
98
No.* 115.] AN ACT
To amend an "act therein named.
Section 1. Be it enacted by the Senate and ftouse of Bep-
Firemen or Tub- resentatives of the State of Alabama in General Assembly
•aioosa exempt. convenec^ That Section 1 of " an act entitled an act
declaring who shall be exempt from militia duty in this
State," approved August 29th, 1863, be so amended aq
to insert the word " Tuscaloosa " after the word " Mont¬
gomery," where it occurs in said section.
* Approved December 3,1863.
No. 116.] AN ACT
To suppress more effectually the Distillation of Grain.
, Section 1. Be it enacted by the Senate and House of Bep-
Governor to cer- resentatives of the State of Alabama in General Assembly'
i y icense is n(^nvene^ 'That it shall be the duty of" the Governor of
;his State on the first day of January next, and also at
the beginning of each, and ever^ month thereafter, to
certify, to the Commandant of the Home Reserves of
each county in this State, a list of the names of all per¬
sons, authorized, under contract made, to distill grain,
under the provisions of an act passed and approved on
the "8th day of* December, 1862, entitled " An Act to pro¬
hibit the distillation of grain in tfye State of Alabama,
except under the direction and authority of ^the Gov*
ernor." v ♦
Sec. 2. Be it further enacted, That upon the receipt of
such list by the County Commandant, he shall proceed
to satisfy himself whether any person or persons within
the limits of his county, whose name does not "appear on
such list, are engaged, either in person or through the
agency or assistance of any other person or slave; in the
distillation of grain into ardent spirits contrary to Jaw ;
he shall be authorized, and it is hereby made his duty,
to make affidavit, before the Judge of Prolfate, or any
Justice of the Peace of his county, that, on information
and belief, such person is engaged in distilling grain into
ardent spirits contrary to law, apd thereupon it shall be
warrant to ancst ^ie suc^ Judge Probate to issiie his warrant
and seize stiii, directing the said County Commandant to arrest suqh
tillers.
Duty of Com¬
mandant.
To make oath.
Judge to issue
99
1863.
person, and seize such still so employed, and bind such
person in a bond of five thousand dollars, payable to the
State of Alabama, and conditioned to appear at the next
term of the Circuit Court of said county, to. answer an
indictment ^to be preferred against him for distilling
grain, 6ontrary to the "provisions of said act, approved
the 8th day of December, 1862, " to prohibit the distil¬
lation of grain in the State of Alabama, except under
the direction and authority of the Governor and upon Faiiing t0 give
sitoh person failing or refusing to give such bond, it shall ^omh
be the duty of such County Commandant to commit him
to the jail of said county, by a mittimus in writing ; it
shall fuVtlier be the duty of such Commandant to return
to the clerk of the Circuit Court said affidavit .and bond, papers,
befpre the first day of the next. Circuit Court'for said
county, who shall -turn the same over to the gtand jury
of said county, and if said defendant or person so
charged fail to appear according to the condition of such Bond, ^hen ror-
bond, the same shall be forfeited by the Circuit Courtfelted"
thereof, in the'same manner as other bonds and recogni¬
zances in criminal cases. In making such arrest and
seizure-on such warrants, the said Cormty Commandants May nse mjlitarjr
are Authorized to use the entire military force of tlieforce'
Home Reserves under their commands. ,
Sec. 3. Be it further enacted, That if upon the trial of
said indictment the defendant shall be convicted, the still ^JJ,'/11®^ for'
so seized shall be forfeited 'to the State of. Alabama, in
consequence of such violation of said law and the con¬
viction therefor ; but if he be acquitted the still shall be
returned to him, with just compensation for its use, to be compensation,
determined by fhe court and jury trying the case.
Sec.1 4. Beit further enacted. That if an3r County Con>
mandant in this State fail or refuse to do and perform p^aiiy ror faij
the duties required of him by this act, he shall be guilty ure'
of a misdemeanpr, and, upon indictment and- conviction,
shall b.e subject to a fine of not less than -five, hundred
dollars^ and not more than two thousand dollars, in the
discretion of the court trying the samek
Approved December 7th, 1863.
1868.
100
No. 117.tl AN ACT
To authorize the Governor of the State of Alabama to
suspend the right of licensed retailers of spirituous
liquors to retail or sell spirituous liquors within ten
miles of any military encampment in said State,
whenever he may think the public good requires it.
section 1. Be it enacted by .the Senate and House of Hep-
resentatives of the State of Alabama in General Assembly
si s convened, That the Governor of said State be, and he is
hereby authorized to suspend the right of any licensed
retailer of spirituous liquors within ten miles of any
military encampment in said State, whenever he may
think the public good requires it; Provided, the provi¬
sions of this act shall not apply to licenses heretofore
•■granted.
Approved November 17,1863.
No. 118.] AN ACT
t *
■To amend the 3rd section of an act entitled "an act to
enable the people of Alabama to procure necessary
supplies of salt at reasonable prices, and for other
purposes, approved December 9th,1862.
Section 1. Be it enacted by the Senate and House of Bep-
- Fow«r or GoTom- resentatives of the State of Alabama in General Assembly
or to remove and convened, That the third section of the above recited act,
»loner! a?rais be, and. the same is hereby amended by'adding the fol¬
lowing wdrds thereto : " In case the commissioner ap¬
pointed under this section should be removed or should
die, the Governor shall appoint another, and may remove,
and appoint whenever - in his opinion the public good
requires it, and shall fill the vacancy whenever one
occurs for any cause.
Sec. 2. Be it further enacted, That the 6th section of
Governor may sa^ ac^ be an<^ fhe same is hereby amended by adding
sei^personai pro- the following words thereto : " and may at dby timp spll •
per y" any portion of the- personal property used in the produc¬
tion of salt, if in his judgment it would be for the inter¬
est of the "State ; Provided, that the commissioner or
commissioners and other agents appointed by the Gov¬
ernor under this act-shall receive the amount of'their1
Liconso
•d.
Proviso.
101 1863.
pay or salaries in Confederate or State Treasury notes— pay of commi*-
at the option of the State Treasurer of .the State."' mldt'.6'h9W
Approved December 8th, 1863.
No. 119.] AN ACT
For the protection of Artesian Salt Wells of this State.
Section 1. Jbe it enacted by the Senate and House of Rep*
resentatives of the State of Alabama in General Assembly ,
convened, That if any person or persons shall wilfully ftructu^?1- ° *
or maliciously obstruct any of the Artesian Salt Wells in
the State, by throwing in said wells pieces of iron* wood
or any other substance, or in any other manner, shall,
on Conviction thereof, be fined in a sum not less than.one
thousand dollars.
Approved November 28th, 1863.
No. 120.]/ AN ACT
To repeal in part " An Act to regulate the sale and export
tation'of Corn," approved December '8th, 1862.
Section 1. Beit 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, no ^friction ou
porn and all other articles of provisions may be trans- Mo^ie.0*8 Scatt°
ported to the city of Mobile by rail road or otherwise,
and sold free from all restrictions whatever.
Sec. 2. Be'it further enacted, That nothing contained
in the act mentioned in the title of this act, shall he con-g^,^ pur.
strued to include or embrace any oase where a person chaser of farm
who may have purchased from another a plantation or110 su J*c '
farm, may have also purchased or may purchase the corn
or other grain on such plantation of farng, in good faith,
and without intent to evade the said act, and corn and
other grain so purchased shall not be subject to the, pro¬
visions of said act.
1863. 102
Sec. 3. Be it further enacted, That • all Jaws or parts
Repeal. 0f laws contravening the provisions of this act be arid
the saihe are hereby repealed.
Approved December 8, 1863.
No. 121.] AN ACT
'To continue the office of Comhiissioner and Trustee, and
to provide for the payment of the foreign .debt of the
State.
Section 1. Be it enacted by the Senate and Souse of Ben.
office or cotamis rescn^a^ves of pie State of Alabama in General Assembly,
sioner continued convened, That John Whiting be, and he is hereby con¬
tinued in the office of Commissioner and Trustee to set¬
tle any remaining business of the State Bank and branches
•and to provide for the foreign debt of the State and the
interest thereon, with the same powers as heretofore
conferred upon him by law. Provided, he shall give
Bond. bond and security as heretofore 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 Assembly ; and that the com-
Pay, pensation pf. said Commissioner shall be one thousand
dollars per annum until changed by the General Assem¬
bly. ;
Sec. 2. Be it f urther enacted, That the said Commis-
Authority to use sioner be, and he,is hereby- authorized to use any money
funds. in the .Treasury, coin, bank notes or Confederate treas¬
ury notes, in pajring off the interest due by the State on
her foreign debt, and .should it ,become necessary to
raise coin to pay the interest due on the bonds of i;he
State, payable in London, ou*the 1st June, 1864, on the
1st July,1364, and on the 1st January, 1865, amounting
-to the sum of eighty thousand three hundred and seventy
dollars and thirteen cents, the said Commissioner and
May borrow. Trustee be, and he is hereby authorized to borrow from
any one or more of the Banks of this State, or of any
person or persons, in coin, the amount that may be re¬
quired to pay said amount, or any balance of said sum
so due as aforesaid fn June, July and January, amounting
to eighty thousand three hundred and seventy dollars
*and thirteen ?cents, at a rate of interest not exceeding
five-per centum per annum, to be paid in coin.
103
Seo. 3. it further enacted, That the^ Governor be, .
and he is hereby required to hav6 issued and delivered Bond« may urn.
to said Commissioner and Trustee, such a bond or bonds
of the State, with interest at the rate of five per centum
per annum, as may be required to carry out the provis¬
ions of this act, sai$ bond or bonds to be issued in the
same manner and under the same restrictions as is "now
required by law in the issuance of bonds of this State.
Approved December 8, 1863.
No. 122.] AN ACT
To authorize the destruction of mutilated Treasury Note
Change Bills of -the State of Alabama.
» Section 1. Be it enacted by the Senate afid House of Rep¬
resentatives of the State of Alabama i(ii General Assembly
convened, That the mutilated Change Bills now in the Change bills to be
State Treasury, and also those which may be hereafter » roy8d
received, shall be destroyed by burliing as hereinafter
directed. ,, t
Sec. 2^ Be it further enacted, That it shall be the duty
of the State Treasurer from time to time to cause the g[3et,^1."rtir t0 re"
said Change Bills to" be registered by their denomina¬
tions in a. book to be provided for that purpose,and after,
the same shall be. ^e^istered, it shall be his duty to burn To burn bins,
said, bills in the presence of the Governor, Secretary of
State and Comptroller of Public Accounts, or either of
them, who* must certify ta the burning of the same in
the book in which the saia bills are registered, and the*
Comptroller of Public Accounts is hereby authorized tq
draw a special warrant in favor of, the said Treasurer special warrant,
fur the amount of said bills to be burned as aforesaid,
which said warrant'.shall be entered as a credit to the
* Treasurer on the books of the Compfroller's office.
Sec. 3. Be it f urther marled, That, for registering said
bills the 'Treasurer shall h> nlW.rd such reasonable com-, °^ft™fatlun fur
pensation as the Governor nmj oi^der; and the Comp¬
troller shall on such order, draw his warranjt on the
Treasurer for the same.
Approved November 25,1863.
1863,
104
No. 123.] AN ACT
For the distribution of the Educational Fund.
Section 1. Be itenacted-by the Senate and Hoitse of Rep¬
resentatives of' the State of Alqbama in General Assembly
superintendent to convened, That the Superintendent o£ Education is here-
not^uepoi'tlug!ties by authorized, in'declaring a dividend of the educational
fund, to allow to counties from which returns of the
number of children therein have not been made, in con¬
sequence- of their occupation by the public enemy, a pro¬
portion of such funds, basing his allowance upon the re¬
turns last made to his office.
Sec. 2. Be it further enacted, That where in any coun-
how drawn when ty the tax collector thereof has failed or been unable, by
ce]!ect°r ftils t0' reason its occupation by the public enemy, to collect
'the taxes due therein and to pay to the County Superin¬
tendent the. dividend of the educational fund which has
been of may hereafter be declared due to each county,
the County Superintendent of such county may draw his
warrant on the Stat6 Superintendent, who shall draw his
warrant on the Comptroller, who shall draw his warrant
•on the'Treasurer in favor of such County Superintend¬
ent for the amount due such county from the educational
fund.
. Sec. 3. Be it further enacted, That this act shall con-
Duration of act. ., . n 7
timie m lorce during tije war.
Approved December 7, 1863.
No. 124.] AN AfT
To amend " an act to establish an institution for the
Deaf and Dumb," approved January 27th, 1860.
Section 1. Be it enacted by the Senate and House of Rep-
Appropriatitm iu- resentatives of the Shate of Alabama in General Assembly'
creased. convened, That in the 7th line of the 7th sectiop of said
act strike out " five," where it occurs and insert "eight."
Approved December 8,' 1863.
105
No. 125.] AN ACT
To provide for Insane , convicts' sent from the Peniten¬
tiary to the Alabama Insane Hospital.
Section 1. Be it enacted by the Senate and House qfBep-
rescntatives of the State of Alabama in General Assembly
convened, That the expenses already incurred, and which support ®r uon-
may herealter accrue in the support of insane convicts Tia*
who haye been and may hereafter be sent from the4 Pen¬
itentiary to the Alabama Insane, Hospital, shall be "paid
by the State on the drafts of the Treasurer of the .said
Hospital,-endorsed by the President, of the Trustees,4
drawn quarterly on the Comptroller of Public Accounts,
who shall isiiue his warrant therefor on the State Treas¬
urer in favor of the Treasurer of the Hospital.
Sec. '2. Be it further enacted, -That all other acts in
conflict with this act be, and the-same are hereby re-Rep"i'
pealed.
Approved December 3, 1863./
No. 126.], AN ACT
* ' *
To provide for the location, partition and allotment*of
lands held in dommon by two "or more Railroad
Companies.
Section 1. Beit enacted by the Senate and House of Rep¬
resentatives of the State of Alabama:in General Assembly
convened, That <when two or more Railroad Companies plnaio™81 for
hold or are entitled, in common to any lands in this State
under oj by virtue of any act of tho Congress of the
United States of America, any act of the General As¬
sembly of the State of Alabama, or any ordinance of the
Convention of the State of Alabama, and the salne can¬
not be located, partitioned, and allotted by mutual agree¬
ment and arrangement between the several Railroad
Companies interested, then and in that case each com- CommfMiuuerl
pany interested shall choose bne commissioner, who shall i«iecto<t.
not be a stockholder or officer in the company for which
he is chosen ; and th.e commissioners thus chosen shall
proceed with all reasonable despatch to locate and par- to i»cat«
tition the lands thus held' in common, allotting to each partUl#u-
company the lands set aj5art to it, as far as practicable,"
14
1863',
106
Allotments by
quantity and
quality.
Locality.
On failuro to ap¬
point'"Governor
appoints.
Limit of jurisdic
tion.
Umpire.
Location to be
certified tQ Land
Office.
Commissioners
how paid.
by legal sub-divisions, which allotments shall, as near as
may be, be equal in quantity, quality and value ; and in
the ascertainment of value ,due regard shall be had not
only to soil, titnber, water privileges, mineral deposits
and locality, but to all other circumstances that should
properly enter into an estimate of value.
Sec. 2. Be it further enacted, That to insure more per¬
fect uniformity, equality and justice, the allotments shall
be distributed as uniformly and generally as practicable,
so as to give to each company an equal quantity in every
locality.'
"Sec. 3. Be it further enacted, That if any company, in¬
terested in Common - with any other company or com--
panies in lands in this State, shall, after reasonable no¬
tice, refuse or fail to appoint a commissioner, as by thfe
act provided, the Governor of the State shall appoint a
commissioner to act for the company so failing or refus¬
ing, whose acts'shall be as1 binding on all parties con¬
cerned as though he was appointed by the company he
represents. No commissioner shall have, any authority
or participation in the location, partition, or allotments
pf land beyond the limits within which the company he
represents is interested. And in event of any disagree¬
ment between the commissioners, they shall choose an
umpire, whose decision shall be final.
* Sec. 4. Be it further enacted, That all locations, paf-
titions and allotments, made under the provisions of this
act, shall be certified to under oath by the commission¬
ers making the same, and returned to the Commissioner
of Public Lands, who shall cause the same to be entered
upon the maps and books of his office, and shall give to
the companies all necessary certificates of the same, and
shall issue a patent or patents, as may be desired, to the
company entitled.
Sec. 5. Be it f urther enacted, That' each company shall
pay its own commissioner, and in case an umpire is call¬
ed in He shall be paid by the companies interested.
Approved December 5,1863.
No. 127.]
AN ACT
To require Railroad Companies to keep lights and water
In their trains.
Section 1. Be it enacted by the Senate and House of Bep-
107
1863.
resentatives of the State of Alabama in General Assembly
convened, That from and after the passage of this act, Must keep lights
all Railroad Companies in this State shall, be Required to and water"
keep good lights on their night, trains and a sufficiency
of good drinking water at all times ; and every conduc¬
tor on any train who shall violate this act, shall b'eConductor liable-
deemed guilty of a misdemeanor, and upon conviction
shall be fined not less than one hundred and not more Penalty,
than five hundred dollars, at the discretion of the jury
trying the case.
Approved December 8,1863.
No. 128.] AN ACT
To repeal an act entitled " an act to direct the binding
of certain copies of the Acts of the General Assem¬
bly," approved February 15th, 1854.
Section 1. Be it enacted by the Senate and House of Rep¬
resentatives of * the State of Alabama in General Assembly
convened, That " an act to direct the binding of certain Aot repcaled-
copies of the Acts of the General Assembly," approved
February 15th, 1854", be and the same is hereby repealed.
Approved December 8,1863.
No. 129.] AN ACT
To compensate the Doorkeepers for money paid out and
,for other 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 sum of eighteen dollars be and theToWilljam Mc^
same is hereby appropriated out of any money in the cmiough.
Troasury not otherwise appropriated, to William McCul-
lough, Doorkeeper of the Senate at the present session.
Sec. 2. Be it further enacted, That the sum of ten
dollars each be and the same is hereby appropriated to To door-t«epers,
the Doorkeepers of the Senate and Hoqse of Represen-v
fatives for collecting the Stationery, Inkstands, &c., from
the rooms of the members and deliyory of the sarpQ to
the Secretary of State.
Approved December 8,1863.
1863.
108
No/130.] AN ACT
For tb§ relief of guardians and to secure the estates of
their wards.
* Section 1. Be it enacted by the Senate and House of Rep¬
resentatives of the. State of Alabama in General Assembly
m«j- inr«Jt4it convened, That guardian* of minors and persons non
r«»l i • • ' , ,i c i-,1 • , .
compos mentis, may invest the money of their vpsrds in
real estate situated in any part of the State ; and the
guardians acting in good faith shall not be individually
responsible lor a depreciation in value of the land pur¬
chased with the funds of his ward where such deprecia¬
tion may result from causes which canndt be prevented
by the guardian. " .
Sec. 2. Be it further enacted, That the real estate pur-
chased by the guardian with thg funds of his ward-, shall
be conveyed to the ward and his heirs, but shall he
managed and controlled by the guardian for the benefit
of the ward, »tid the guardian shall render annual ac¬
counts of the refits and profits of the lands to the court
having jurisdiction of the guardianship. ,
Sec.. 3. -Be it further enacted, That the guardian shall
bp liable to the ward for any loss sustained by the ward
by the failure or defect of title to 'the land purchased by
the guardian for'the ward.
Approved December 7,1863.
No, 131.] AN ACT
To amend " An Act to provide for the election of State
Printer," approved February 8th, 1858.
Section 1. Be it enacted by the Senate and House of Rep-
Act or 1868 resentatives of the State of Alabama in General ■Assembly
convened, That the act entitled " An Act to provide for
the election of State Printer," approved February" 8th,
1858, be amended by striking out the second section of
said act, and inserting in lieu thereof, u that the (general
when printer t» Assembly 'shall, within three days after its commence? .
{^elected. ment or any time thereafter during its regular session,'
every two years^ elect a State Printer to serve for tyrq
years;"
Approved November 25, }863f
l09 . 1863.
No. 132.] ACT *
In relation to the Alabama State Tract Books.
i
Section* 1. Be it enacted by the Senate and House of Rep-,
resentatives of the State of Alabama in (jfenei al Assembly Tract*bo.kK
convened, That the'books known as the Alabama " StaterTmoi^JnUr .r
Tract Books," together with all the'papers belonging'"U;*
thereto and connected therewith, now in the office of
the Comptroller of Public Accounts, be and the same
are hereby -transferred to the office of Commissioner of
Public Lands for the State of Alabama, and that they be
kept thore'in as a part of the records pertaining to said
office. * .
Sec,. 2'. Be it further enacted, That it shall be the duty
of the Commissioner of Public Lands to'enter, in said L*nd'» u> <>•
Tracts a description of all the lands sold-(and not al-e,,Wrniiath¬
ready so entered) up to the lirst day of October, 1863,
and thereafter pp to the first of October in each and
every year, as now required by the Comptroller. • ,IJe
p;Ust also make out and furnish each Probate Judge by
the, first day of January in each year thereafter, a regis- R.RwtV <or *
ter or statement showing all the land so sold in the Jlwl*eori>'r*>#l,>
county of-such Ju.dge of Probate and not embraced in
any register or statement previously furnished. „4 t ,
Sec. 3. Be it further enacted, That the Probate Judges
must by the first day of March in each year; transfer
"such entries* into the Tract Book in their respective offi-toA**M«<»r-
ces and furnish copies thereof to the Tax Assessor's of
their respective counties, who must see that each;tract
is properly assessed, unless exempt by law from taxa¬
tion.- * *
Sec.' v4. Be if further enacted, That for making out the
registers or statements for tho different counties, the^, f0 ieg>
Commissioner of Public Lands is authorized to employ
'a person *at not exceeding thirty cents a page for each
page of ordinary foolscap paper, to be paid by the war¬
rant of the Comptroller on the State Treasurer, in favor
of th§ person, so employed, upon the certificate of said
Commissioner of Public Lands, stating that the services
have been correctly performed according to contract,
;>nd specifying the amount due therefor.
Sec. 5. Be it further enacted, That sections 434, 435,scions of co<i«
436, 437, 438 and 439 of the Code be and the same,are "p^1**1:
hereby repealed.
Apjfroved December 4,1863.
1863.
110
No. 133.] AN ACT
To amend the law in relation to the printing and publi¬
cation of the Reports of the decisions ©f the Supreme
Court.
. Section 1. Beit enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly
judges may con- convened, That the Judges of the Supreme Court, or a
tract at discrc- majority 0f them, "be, and they are hereby authorized to
contract for the printing and publication of the Reports
of the decisions of said Court, on such terms, and in
such manner as, in their discretion, they may deem most
expedient and most conducive to the public interest, and
to draw their warrant on the Comptroller of Public Ac-
countSj in favor of the person or persons with whom
such contract or contracts may be made, for the amount
of compensation fixed and agreed on in such contract.
Sec. 2. Be it further enacted, That the said Judges be,
May select cases, and they are hereby also authorized to" select the cases
for publication, and to determine the order in which they
shall be published ; Provided, that all opinions not pub¬
lished shall be preserved and published aft^r the termi¬
nation of the present war.
Approved November 27,1863.
No. 131.] AN ACT
"• To provide water for the State Penitentiary.
Section 1. Be it enacted by the Senate and ptouse of Rep¬
resentatives' of the State of Alabama in General Assembly
convened, That the Inspectors and Warden of the Peni¬
tentiary be and they are hereby authorized to make such
arrangements or contracts as may be by them deemed
necessary to supply the State Penitentiary with a per¬
manent supply of good and wholesome water for the
prisoners and works therein'.
Sec. 2. Be it further enacted, That any contract en¬
tered into by them for this purpose shall be first sub¬
mitted to the Governor for his approval,.and wjthpuf
such approval shall be mil} and void,
Approved December 3,1863.
Proviso,
Inspectors and
Warden may-
contract for
water.
Governor to ap¬
prove.
Ill
1863. ,
No. 135.] AN ACT
To ratify and confirm the agreement of the Governor
of Alabama in manufacturing cotton and wool cards.
Section 1. Be it enacted by the Senate and House of Rep-,
resentatives of the State of Alabama in* General Assembly
convened, That the agreement entered into by John Gill extract ratified.
Shorter, Governor of the State of Alabama, on the one
part, and. James M. Keep on the other part, on the 18th
day of March, 1863, in relation to the manhfacturing of
cotton and wool cards, be and the same is hereby rati'
fied and confirmed. • * . k 1
Sec. 2. Be it further enacted, That the Comptroller be
and he is hereby authorized to draw his warrant in favor Appropriation.,
of the Governor of the State of Alabama. for the -sum
of twenty-five ($25,000) thousand dollars out of any
money in the treasury not otherwise appropriated, for
the purpose of parrying out said contract.'
Approved December 5,1863.
No. 136.] AN ACT
Making an appropriation for pay of members and offi-.
cers of-the General Assembly.
i i
• Section 1. Beit enacted by the Senate and House of Rep-
resentatives. of the State of Alabama in General Assembly
convened, That the •sum of seventy-five ^thousand dollars^ppropriatioq-
t or so much " thereof as may be necessary, be and the
same is hereby appropriated for pay of members and
officers of the present General Assembly.
Approved November 25, 1863.
No. 137.] AN ACT
To pay for the hire of servants for the present session
of Jhe General Assembly.
.Section 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly
1863,
113
$159 approprii- convened, That fchd supi of' two hundred and fifty; dollars
t»d for hir«. be and the'sajne is appropriated to pay for Servant hire
for the present. session' of the General Assembly, and
that the Comptroller of Public Accounts is hereby-au¬
thorized and required to draw his warrant on the State
Treasurer in favor 'of the Secretary of State for that
sum; or so much thereof as may bo necessary for the
purpose stated, to be paid out of any money in the Trea¬
sury not otherwise appropriated.
Approved December 4, 1803.
No. 138.] 'AN ACT
To provide for repairs on the State Capitol.
'Section 1. Be it enacted by the Senate and House of Rep-
, resentatives of the {State of Alabama in General Assembly
AppiV-wtes convened, That whereas the roof of the Capitol is in a
leaking condition and in want of immediate f-e^airs;
that the sum ,of one thousand dollars be and the sfimef is
hereby appropriated for repairs on the State Capitol. •
» Approved November 25, 1863.
No. 139.] ' ' AN. ACT
To pay the expenses of the Inauguration of His Excel¬
lency Thomas EE Watts. .
Section 1. Be it enacted by the Senate and House of Rep-
Appropriates
resentatives of the State of Alabama in General Assembly
SM)0- convened, That the sum of five hundred dollars, he 'and
the same is hereby appropriated to pay the* expenses of
the inauguration pf his Excellency Thomas H. Watts,
and that the Comptroller draw his warrant on jthe Trea¬
surer for that amount in favor of W. H. Ogbqurne, to be
paid out of any funds in the Treasury nbt otherwise ap¬
propriated. •
Approved December ?, 1863.
113
1863.
No. 140.] AN ACT
To compensate A. B. Clitlierall as Ordnance officer.
♦ . 4
Section 1. Be it enacted by the Senate and House of Hep?
risentalives of the State of Alabama in Genial Assembly» ' '
convened, That the said Clitherall is hereby entitled to apay fot<.
.demand and receive pay for his said services at the rate
of two thousand dollars per. annum from the date of his
said appointment until an officer appointed for that pur¬
pose shalf take charge of said appointment; and that
the Comptroller draw his warrant on the Treasurer in
lavor of said Clitherall for the sum so found to be due
under this act, to be paid out of any moneys in 'tlie Trea¬
sury not otherwise appropriated.
Approved December 8, I860.
No. 141.] AN ACT
For the benefit of the. Military Aid Society of Mobile,
and for other Societies therein named.
Section 1. Be it enacted by the Senate and House of Rep¬
resentatives of tile State of Alabama in General Assembly
convened, That the suiii of ten thousand. dpllars, or so ff!fb^ufety of
much thereof as may be necessary, be and the same is
hereby appropriated and placed at the disposal of the
Governor of this State for the benefit of the .Military
Aid'Society of Mobile, to be paid over, from" time to
time, to such officer or agent of said Society as may be
authorized to receive.it, to be expended as said Society-
may deem best for the relief of the sicx and wounded
soldiers in Mobile. > .
Sec. 2. Be it further enacted, That the sum of ten'
thousand dollars be and the same is hereby appropriated Montgomery
for the benefit of the Soldiers^ Home'Society, aiffi Sol- '68"
triers' Wayside Home, in the city of Montgomery ; said
sum to'be ^equally -divided between said Societies, and
the same be placed under the control of the Governor,
to be paid over from time to time to such officer or. offi¬
cers, ageijt or agents of said Societies, as may be author-"
izod to receive it, and to be expended for the relief of the
sick and'wounded soldiers in *the city of Montgomery ;
and the sum of ten'thousand dollars is a^so appropriated,
15
1863. 114
scima Aid and to t>e equally divided between the Ladi.es' Military Aid
Hospital. Society and the Wayside Hospital of Selma, under the
same regulations as hereinbefore provided.
Sec.' 3. Be it further enacted, That the sunt of five
thousand dollars, or so much thereof as may be neces-
5.™"?®,?oclcty* sary, be and the same is hereby appropriated for the
benefit of the Ladies' Humane Society in the city of
Huntsville, and that the same be placed under the con*
trol of the Governor, to be paid over, from time to time,
to such officer or agent of said Society as may.be au¬
thorized to receive it, to be expended for the relief of
the'sick and wounded soldiers in Huntsville.
Sec. 4. Be it further enacted, That the Governor is
hereby authorized to draw his warrant on the Auditor
of the Treasury for all or any portion of the money ap¬
propriated by. this act, to be paid as directed by clause
3, section 3, of an act entitled " An Act making appro¬
priations for the military defence of the State," appro¬
ved 6th February, 1861 ; and the Governor shall cause
vouchers for ex-a statement or statements to be submitted to the next
pmditures. General Assembly of the amount and manner of expend¬
iture, and shall require vouchers to be taken for all ex¬
penditures, when practicable : Provided, the Governor
shall have the right to appoint a resident agent or visit-
Govemormayap-or, if he thinks proper, on behalf of- the State for each
pomtagent 0p ga^ institutions, whose duty.it shall be to aid In ap¬
plying the funds hereby appropriated, in . a manner best
calculated to carry out the objects of the several Socie¬
ties : said visitor must report to the Governor at such
times as the Governor .shall direct.- '
Approved December 8, 1863.
How drawn.
Statement and
No. 142.]- AN ACT
To amend " An Act in relation to the support of indigent
families of soldiers," approved August 29th, 1863.
Section 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly
ghaii eountyr'hov convened, That sixteen thousand seven hundred and tliir-
drawn. ty-seven dollars and sixty-six cents, due the*county of
Marshall for the November and December installments
under said act, is hereby appropriated out of the Trea¬
sury, and the Comptroller is hereby required forthwith
115 1863,
to dr$w his warrant for the same on the Treasurer, in
favor of the Judge of Probate for 'Marshall county, to
be distributed by said Judge as said act No. 5 directs.
Approved November 14,1863.
No. 143.] AN ACT
To amend " An Act in relation to the support of indigent
families of soldiers," approved August 29th, 1863. .
Sectipn 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly
convened, That fourteen thousand nine hundred and fifty- Fund ror st. ciatr
eight dollars and thirty cents, due the county of St. Clair,how d<rawn-
for the November and December installments under this
act, is hereby appropriated out of the Treasury, and the
Comptroller is, hereby required forthwith to draw his
warrant for the same o'n the Treasurer in favor of the
Judge of Probate for St. Clair comity, to be distributed
by said Judge as said act No. 5 directs.
Approved November 19, 1863.
No. 144.] AN ACT
To amend " An Act in relation to the support of indigent
families of soldiers," approved August 29th, 1863.
Section 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly
convened, That the sum of eleven thousand nine hundred judge of DeKnib
and fifty-four dollars'and seventy-one cents, due the county may d,w-
of DeKalb for the November and December installments,
under said act, is hereby appropriated out of the Trea¬
sury, and the Comptroller is hereby required forthwith
to draw his warrant for the same on the Treasurer in
favor of the Judge of Probate for DeKalb county to be
distributed by said Judge as said act now directs.
Sec. 2. Be it further enacted, That the Comptroller of
the State be authorized to draw his warrant 'u^bn the
Treasurer for the amount allowed by said act. payable
to Gf. W. Malone, for the purpose indicated by said act,
Approyed November 25, 1863,
1863.
116
No. 145.] AN' ACT
To amend " An Act in relation to the support of indigent
families of soldiers," approved August 29th, 1863.
Section 1. Be it enacted by the Senate jxnd House of Ben-
resentatives of the State of Alabama in General Assembly
imiri for jargon convened, That the sum of twenty thousand, seven, hun-
'trawn <w dre'd and twenty-three dollars and five cents, due the
county of Jackson for the October, November and De¬
cember installments under said act, is hereby appropria¬
ted out of any money in the treasury ; an&the Comptrol¬
ler is hereby required' to draw his warrant for the same
on the Treasurer in favor'of F. Rice and William H. Ro-
bjnsoh, or either of them, for the Probate Judge of said
county,'to be distributed by said Probate Judge as the
said act directs.
'Approved November 27, 1863.
No. 146.] AN ACT
To amend the " Net in relation to the support of indigent
. families of soldiers, Ac./7 approved the. 20th of Au-
' . gust, 1863.
Section 1. Be it enacted by the Senate and House of Bcp-
Fnni'i fur Ma,;**,*! resenfatives of the State of Alabama in General Assembly
W drawn. convened, That the sum of nine thousand nine hundred
and three dollars and sixty-nye cents, due the county of
Madison for the November and December installments
qnder said act, is hereby appropriated out of any money
in the Treasury, and the Comptroller is hereb}7 requir¬
ed to draw his warrant on the State Treasurer therefor,
in favor of *F. L. Hammond, Joseph C. Bradley, and J.
W. Scruggs, or either of them, for the Judge of Probate
of said county, to be by him distributed' as directed by
the said act, to which this is an amendment.
Fund for Fayette. gEC> 2. Be it further enacted, That the sum of sixteen
thousand, six hundred and twenty dollars and forty-three
cents, due the county of Fayette for the November and
Decerned' installments under said act, is also appropria¬
ted from any money in the Treasury, and the Comptrol¬
ler will draw his warrant on the State Treasurer there¬
for, in favor of Alexander Cobb, for the Probate Judge
117
1863.
of said cotmty, to be by him distributed as directed .by
the said act of August 29, 1863.
Sec. 3. Be it further enacted, That the sum of fifteen,
thousand, one hundred and thirty-five dollars and twenty-
five cents, due the county of Morgan for the October,Morgan.
November, and December installments under said act, is
also appropriated from any money in the Treasury, and
the Comptroller will draw his warrant on the State Trea-:
surer therefor, in favor of George P. Charlton, for the
Probate Judge of said county, to be by him distributed
as directed by the said act of August 29, 1863.
Sec. 4. Be it further enacted,,That the sum of twenty-
seven thousand, nine hundred and forty-four dollars and.
ninety cents,#due the county of Franklin for the August, i'u,,df"r?ra[r,klin
Dctober, November, and Decembef installments, under*
the acts of November 12,1862, and 29th of August, .1863,
is also appropriated from any money in the Treasury,
and the Comptroller is required .to draw his warrant on
the State Treasurer therefor, in favor of Anderson Orr
and A. W. Ligon, or either of them,-for .the Probate
Judge of said county, to be by him distributed as di-'
rected by the said acts of 12th November, 1862, and 29th
August, 1863. ,
Sec. 5. Be it further enacted, That the sum of. ten-
thousand, three hundred and seventy dollars and forty-
five cents, dub the county of Limestone for the October, Fund for Limo-
November and December installments under said,act, isBtone-
also appropriated from 'any money in the Treasury, and
the* Comptroller * will draw liis warrant on the State
i Treasurer therefor,- in favor of John B. McCleland and
J. W. S.Donnell, for the Probate Judge of said county,
to be by him distributed as directed by said act of Au¬
gust 29 th, 1863. -
Approved December 3, 1863.
No. 147.] AN ACT
To authorize M. L. Davis and D. W. Hollis to draw cer¬
tain funds for the relief of indigent families of sol¬
diers in Marion county, and for other purposes.
Section 1.* Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly
convened, Tljat the Comptroller be, and he iB hereby au-
1863.
118
Fund for Marion thorized to draw his warrant on the Treasurer-in favor
county how cf M. L. Davis and D. W. Hollis, or either ot them, tor
drawn. am0Unt to which the county of Marion is entitled as
her distributive share of the apprppriation for the sup¬
port of indigent families of soldiers for November and
December, 1863 ; and that F. W. Sykes and J. S. Clarke,
or either of them, are in like manner authorized to draw
Fund for Law- the share of Lawrence county in said fund for November
reac« how drawn i i o /»n
and December, 1863.
Approved December 7, 1863.
No 148.] AN ACT
For the relief df indigent families of soldiers in Bald¬
win county.
Section 1. Be it enacted by the Senate and House of Rep*
resentatives of the State of Alabama in General Assembly
convened, That the Court of County Commissioners of
Baldwin county be, and they are hereby directed to ap¬
propriate to the use of indigent families of soldiers, four
thousand dollars of the fine and forfeiture fund now in
the treasury of said county.
Approved November 19,1863.
'No.'149.] ' AN ACT
For the relief of indigent families of soldiers in the
county of Macon.
Section 1. Be it exacted by the Senate and Hou§e of Rep¬
resentatives of the State of Alabama in General Assembly
convened, That the Commissioners' Court for the county
of Macon be, and are hereby authorized, if in their judg¬
ment they dfeem it expedient, to levy a tax in kind on
the producers of said county, upon the following articles,
to-wit: corn, meat and potatoes ; which tax shall not ex¬
ceed one-twentieth of the articles mentioned, and which'
ta,x in kind shall be collected for' the use and benefit of
the families of indigent soldiers in said county.
Sec. %. Be it further enacted, That said Commissioners'
Court be, and they are hereby authorized to^ appoint a
County commis¬
sioners may ap¬
propriate fines
»nd forfeitures,
Commissioners
may levy tax in
kind.
119
1863.
special Commissioner for the families of indigent soldiers,
• • j , i i ii ' • n i - ' i Special commis-
in saia pounty, who snail receive tor his services such sioner appointed,
compensation as said court shall determine, and shall bePay and powers-
removed at .the discretion of said court; and the said
special commissioner shall receive from the Probate
Judge of said county all money paid, over to said judge
by the Comptroller of Public Accounts, and receipt for
the same, and shall appropriate the same to the support
of said indigent families, under such rules and restric¬
tions as said Commissioners' Court shall prescribe ) and
in the event of a levy of a tax in kind, the said special
commissioner shall be charged with the duty of collect¬
ing said tax and of disbursing the same, under the difec-,
tion.of said court; and he shall furnish the tax payer
with a receipt .of the articles delivered, and shall return
his list of tax in kind to said.Commissioners' Court, un¬
der oath, for public inspection, and subject to such other
regulations as said court shall prescribe. „
Sec. Z.Be it further enacted, That before entering up¬
on the duties of his office, said special commissioner shall conditioner t0
take an oath to faithfully and impartially discharge the "give bond,
duties herein imposed, and to distribute any money or
provisions, placed under his control by the provisions of
this act, with due regard to economy .and the wants of
each family, and shall enter into bond with good and suf¬
ficient security, approved by said Commissioners' Court,
for. the faithful performance of his duties as said special
•commissioner.
, Sec. 4. Be it further enacted, That if said special com¬
missioner, or any agent, employed in carrying out the p#naItjr for mig_
provisions of this act, shall apply any of the funds or applying funds,
articles which may come into his hands to hi? own use,
he shall be guilty of embezzlement and liable to indict¬
ment therefor, and on conviction shall be punished as if
he had feloniously stolen such funds or articles.
Sec. 5. Be it further enacted, That in tin? event of- a
levy and collection of a tax in kind, the said special com- A men{a
missioner shall appraise the value of said articles, and in how made,
the event' the said special commissioner cannot agree as
to the value, each may call in a disinterested party, and
if they cannot'agree a third' party may be called in, and
they shall determine the value ; and either party shall
have the right of appeal i\> tin? Commissioners' Court for
said county, which appraisers shall first take an oath,
which may be administered by said special commissioner,
to faithfully and impartially value said articles ^ and said
1863.
120
tax payer shall be entitled to a credit on hia or her coun¬
ty taxes to the • amdunt of the value of the articles re¬
ceived and collected of said tax in kind, and upon the
production of the receipt of said special commissioner,
the tax collector for said county shall discharge said tax
payer's county taxes to the extent of the value of the
articles received under said tax in kind ; and in the
event that the value of said articles * shall exceed hia
county tax, the said tax collector shall give to the party
how i?a?d.er Ux receipt or certificate specifying the amount of said ex¬
cess, which shall be allowed as a credit upon the county
taxes of said party for the subsequent year or years un¬
til the same is exhausted.
- Sec. 6. Beit further enacted, That the said Commia-
courttopioa«iih«gioner8' Court may prescribe such rules and regulations
lues' as they deem best tor the benefit of said* special commis¬
sioner, and for the protection of the tax payers of said
county of Macon.
Approved-December 7, 18631
No. 150.]
AN ACT
Comniisiouer*'
Court may l«ry
tax iu kind.
Property, i»-
oomua. ke.
For the relief of Soldiers' Families in Pike County.
*
Section 1. Be it enacted by the Senate and Mouse of Rep¬
resentatives .of the State of Alabama in General Assembly
convened, Tljat in addition to the powers and authority
'now, or hereafter conferred by law, .the courflof county
commissioners of Pike county be, and is hereby author¬
ized to levy and collect a tax in kind upon all articles
and commodities, and a tax in money upon .all property,
professions^trades and incomes-upon which the Congress,
of the Confederate States has authorized a tax to be col¬
lected, for the exclusive use of the indigent families of
soldiers in said county, and to do and perform all things
necessary for the collection and distribution of the*same,
any law to the contrary notwithstanding; Provided, that'
uq tax in kind shall be collected from any person who
does not produce over four hundred bushels of corn.
Approved December 4, 1863.
121
1863.
No 151.] AN ACT
To consolidate tlie offices of County Treasurer -and Clerk
*' of the Circuit Court in Baldwin county.
Section 1. Be it enactedby the Senate and House of Jtiep-
resentatives of, the State of [Alabama in General Assembly
convened, That from and |fter the passage of this act, ^lces consoiwa-
tho offices of county tre;|(mrer and clerk of the circuit
court of Baldwin, he aiu the same are hereby consoli¬
dated; and the duties/>f said offices lpay.hereafter be'
performed by the samV person.
Approved Decemby 4,1863.
NoA52.] . 1 AN ACT
ToPtablish a Criminal Court for the county of Mont¬
gomery, with civil jurisdiction.
I v • '
iction 1. Be it enacted by the Senate and House of Bcp-
fktatives of the State of Alabama in General Assembly
cJened, That there is hereby established in the city of " „ f,
itgomery, an interior or court ot record, to be called lished.
jeity court of Montgomery, to consist of one Judge, oad^ *1UW oloct~
b .shall reside in said city, or within six miles of the
jrt house of Montgomery county, to be elected by the
Llified voters of Montgomery county, on the first Mon-
r in May next, and every six years thereafter,' who
ill take the same oaths, hold his office for the same
fm, and be^removable for the same causes as judges of
b circuit courts of this State.
iSec.' 2. Be it further enacted, That said court shall
Ivo a seal, a clerk'and other officers for the exercise of ciark, &c.
|i jurisdiction as the Circuit Courts have ; the clerk of
id court shall be * felected on the same day that the E,ectiou of
idge is elected,, and hold his office for four years, and "
Iter the first election", he shall* be elected on the first
londay in August. He shall give bond as required of
brks o£ the Circuit Courts, and in all respects, shall be
Ioverned by the laws in relation to the clerks;of the Cir-
nit Courts, except as changed by this apt.
8eo. 3. Beit further eimcted, That said court shall be
K>lden, and the ctffice of clerk thereof, kept at the court aud'whgu
liaise in said city. It shall hold three terms each year, °
16
1863.
122
commencing first Monday in October, February and June,
and may by special tidjournmeAt, bold such other terms
as may be necessary for the dispatch of business.
Sec. '4. Be it further enacteq, That said court shall
have concurrent jurisdiction with the Circuit Courts in
ur» am. administration of criminal law in said county, and
that the powers and jurisdiction of the Circuit Courts
of this State be, and are her.eb; conferred on the City
Court of Montgomery (except »n actions to try titles to,
land), and in order to confer upm said court the same
power and authority for the conplete exercise of its
jurisdiction, as is, or may be conferred upon the Circuit
Courts, in the exercise of like jurisdiction, it is declared
j^rT*dfct"ofloifg that all laws conferring jurisdiction in all cases/except
circuit courts *p- in actions to try titles to land) up oil the Circuit Courts
phe*bie., giving them the power to hear and dttermine cases, ap¬
point and remove their officers, punish contempts, regu¬
late their practice, and forms of process prescribing the
duties of their officers and of Sheriff and Coroner, allow¬
ing established fees to each officer, and- providing for the
collection thereof, or requiring of such officers official
oaths and bonds, shall be held1 to extend to said court
and its officers, as fully as they extend to the Circuit
Courts. The judge of said court herein provided for,
shall be a conservator of the peace in Montgomery coun¬
ty, and as such, and in the exercise of the jurisdiction
hereby conferred, shall, in the recess or vacation of said
court, have the same power and authority as Judges of
the- Circuit Courts.
Sec. 5. Be it further enacted, That the Supreme Court
of this State shall have appellate jurisdiction Over said
pri'uie'Court " City Court, and causes may be remqyed froA that court
to the Supreme Court in the same way provided for by
law for the exercise by that court, of. like appellate or
supervisory jurisdiction over the courts or judges of the
Circuit Courts. . • •
Sec. 6. Be It further enacted, That the process of said'
City Court shall be teste.d, served, returned, and be in
U°W tCSt f°rin as is> °r may be, provided for the process of the Cir¬
cuit Courts, varying only in the style of the, court, and
conform to its terms. .
Sec. 7. Be it further enacted, That the grand and pet-
Turen amtra- tit jurors for said court shall be drawn and empannelled
uirw. in the same manner as is, or may be, provided -for juries
of the Circuit Courts, and a venire thfirefor, issued in
the same way as is now provided ; and the said court
123
1863.
shall have the game power to issue special venires, and
call in tales jurors, as the Circuit Courts.
Sue. 8. Be it further enacted, That no grand jury shall
he summoned for any term of the.Circuit Court of saidrTrRH,ljury fnr
county, hut in case the judge of said court, at any time C'rcuiti Caurt-
during the terms of said court, shall find occasion for a
grand jury, he shall direct one to be empannelled in the
Rama manner, as the law now provides, in cases where a
grand jury has not been drawn and summoned, in conse¬
quence of the neglect of any officer charged therewith:
* Sec. 9. Be it further enacted, That all laws of a gene¬
ral nature (except as to actions to try titles to land)^ that i»w»
may hereafter be adopted, giving jurisdiction to the Cir-*111111**1'1*'
cuit. .Courts of this State, or to the Circuit Gourtof Mont¬
gomery county, shall be held to apply and extend to the
City Court of Montgomery, within said county, although
said City Court may not be mentioned in said law. .
Sec. 10. Be it further enacted, That the ■ salary of the.
judge of the court, hereby established, shall be three s«i«ry «r.jndg#
thousand dollars a year, and also three dollars for each
case not defended, and five dollars for' each case defend¬
ed iu aaid court, to be taxed as cost against the unsuc¬
cessful party, which shall not be diminished during his
continuance in office, and be payable quarterly at the IJ6w j(1
treasury of the county of Montgomery, upon his order,
out of any moneys therein, unappropriated ; and for the .
'remuneration of said county for the payment of the same,
the fees and forfeitures of all State cases in Montgomery
county, to the full amount of said salary, shall be paid
into said treasury in preference to any other appropria¬
tion of the same, and in all cases which shall be tried in
said City Court herein established, in which the defend-
, ant, after conviction, shall be unable to pay the costs of
prosecution, the jsame shall be paid out of the fines and
forfeitures which have accrued, or may accrue in crimi¬
nal cases m Montgomery county.
Sec. 11. Be it further enacted, That whenever any
change of venue shall be made from said court, to any
other county, the Circuit Court trying such cause upon*r rnu*. •
the change of venue, shall order the fine or forfeiture,
.upon the conviction of the accused, to he paid, when col¬
lected, to the sheriff of Montgomery county, which shall
be applied to ^ie purposes herein provided.
* Sec. 12. Be it further enacted, That the Sheriff, Corp-^
ner and Constables of the county of Montgomery shall *u«nd! ''
bound to attend said eourt, preserve order, and exe-
1865.
124
cute and return its processes as they are, or may be re¬
quired to do in the Circuit Courts.
Sec. 13. Be it further enacted, That an act entitled an
county court ac^ to establish a County Court for Montgomery county,
■abolished. approved February 24th, 1860, be repealed, and that all
cases now standing for trial on said county court docket,
shall be transferred to thQ 'docket of said City Court of
Montgomery, with all the papers, books and orders here¬
tofore made by said county court.
Sec. 14. Be it further enacted, That power is hereby
rowers or judge conferred on the said judge of said City Court, to order
the. issue of writs of injunction, or any other writ or pro¬
cess, in any and every case, in which, by the existing
laws a circuit judge might order the issue of any 'such
or. like writ or process.
Approved December 7, 1863.
No. 153.] AN ACT
To change the times of holding the Circuit Courts "in
the- Eighth Judicial Circuit.
Section 1. Be it enacted, by the .Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly
convened, That hereafter the Circuit Courts of the eighth
judicial circuit shall be begun and holden as follows':
In the.county of Pike on the fourth Vonday in March
and September; and may continue two weeks ; ,m the
county of Coffee on the second Monday after the fourth,.
Monday in March and September, and may continue one.
week ; in the county of Dale on the'third Monday after
the fourth Monday in March and September, and may
continue one week ; in the county of Henry on the
fourth Monday after the fourth Monday in March and
September, and may continue one week ; in the'county
of Barbour on the fifth Monday after the fourth Monday
in March and September, and ma}7 continue in session
until the business is disposed of.
Sec. 2. Be it further enacted, That this act shall con-
Ettent and limit tinue in force until the ratification of a treaty of peace
between the Confederate States and the ^United States^
and after that time the Circuit Courts in the eighth ju¬
dicial circuit shall be holden as provided by law before
the passage of this act.
Pike
Ceffee
Dale
Benry
•
Barbour
125
, 1863.
Sec. 3. Be it further enacted, That the Governor be,
and he is-hereby authorized' and 'requested to have this Publication
act published for three successive weeks in the Southern
Advertiser, the Clayton .Banner, and the Spirit of the.
South, and also to have copies of this act forwarded, to
.the Circuit Court clerks in the several counties compos¬
ing the eighth judicial circuit..
Approved December 3, 1863.
No. 154.]. AN ACT
To change the time of holding the Courts of thp Eleventh
Judicial Circuit.
Section 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly
convened, That the Circuit Courts of the eleventh judi¬
cial circuit shall hereafter be held as follows, to-wit": IP
the county of Covington, on'the first. Monday in March Covington
and September,.and may continue in session one week ;
in the county of Conecuh, on the second Monday in Conecuh
March and September, and mn}T continue in session one
week in the county of'Butler, on the third Monday insutirr
March and September, and may continue in session two
weeks ; in the county of Monroe, on the first Monday in Monro9
April and^ October, "and may continue in session one
week; in the county of Clarke, on the second Monday in ciarko
April and October, and may continue jn session one
week; and in the county of Wilcox, on the third Mon-Wilcox
day in April and October, and may continue in session
three weeks. *
Sec. 2. Beit further enacted, That all process to saidprocess return
courts shall be made-returnable accordingly, and all pro- able,
cess heretofore issued shall be deemed and held returna¬
ble to the terms fixed by this act.
,Sec. 3. Be it further enacted, That all laws contra¬
vening the provisions of this act be, and the same are epea'
hereby repealed. '
. Approved December 17,1863.
1863.
126
No. 155.] AN ACT
To authorize the Judge of 'the Sixth Judicial Cireuit to
fix the place of holding the Circuit Court of Baldwia
county.
. Section 1. Be it enacted by the Senate and House of Rep-
t , . . resentatives of the State of Alabama in General Assembly
Ja4ge appoints , •' ^ .. .i • j /» i-i
p)a«« »r h#Mt»K convened, 1 hat during the existing war the judge of the
•sixth judicial circuit may direct the holding of each term
of the Circuit Court in and for the county of Baldwin,
at any place in said county to be selected by him for
public convenience at the time, at which place the aet»
and proceedings of the court shall be as binding and ef¬
fectual as if done at Blakely, the county seat: Provided,
NeMee t© effi««rg that said judge shall notify the sheriff and clerk of the
Circuit Court of the place selected by him, at least sixty
days before the day appointed by law for the commence¬
ment 6f each term of said court.
< Sec. 2. Be it further enacted, That the clerk of the
Ree9nis to be*#- pircuif Court and the sheriff of said county be author-
. ized to remove the records of their respective offices to
the place so appointed for holding the court, and return
the same after each term to Blakely, in said county, and
the expense thereof shall be paid by the county.
' Sec. 3. Be it further enacted, That it shall be the duty
No.ti«e by offle©rs ^e sheriff, or clerk of the Circuit Court of said coun¬
ty, to give notice, prior to each term,, for thirty, days by
publication in one weekly newspaper at Mobile, of the
place appointed for holding said court.
Approved November 28, 1863.
No. 156.] AN ACT
To regulate the time of holding the Chancery Oouyts of
the Northern Chancery Division.
Section 1. Be it enacted by the Senate and Housl of Rep¬
resentatives of the State of Alabama in General Assembly
aUBo«u«r *ay convened, That during the existence of the present war,
pk£1.BUlM' whenever it shall be impracticable,'from a threatened
invasion, or an occupation by the public .enemy, of any
district of the Northern Chancery Division, to hold , the
regular terms of the Chancery Court of said* district, it
127
1863.
shall be th© duty of the Chancellor of said division to
hold a term of said court for such district, at such time,
and at such place in said division as he may appoint,
upon giving notice thereof, for twenty days, by adver-^^
'tisement, in some newspaper published in said division.
Sec. 2. Be it further enacted, That when such term of
said court shall be ordered, it shall be the duty of the K#gistaa t#aUond
Register of said court to attend at the time and place
appointed, with the records and papers of all suits pend¬
ing and undetermined in the court of the district for
which such term is to be held, and all orders and decrees
rendered at such time, shall have the same force and F«roe d^es
effect as if rendered at a regular term of said court, at
the usual place of holding said court.
Approved November 30,1863.
No. 157.] AN ACT
To detach certain counties from the Middle Chancery
Division, and attach others thereto—also, to detach
certain counties from the Southern Chancery Division,
and attach others thereto.
Sbctiox 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 first day of January, cua*.
eighteen hundred and sixty-four, the Chancery Districts
composed of the counties of Russell, Chambers, Talla- r»n-«d t« s»»th-
poosa and Coosa, be and the same are hereby detached •rndlTisi8n-
from the Middle Chancery Division, and attached to the^ar#I1
Southern Chancery Division, and that the Chancery Dis- 'itiimx
tricts composed of the counties of Marengo, Choctaw,mld<1#-
and Wilcox b© detached from the Southern Chancery
Division, and attached to the Middle Chancery Division.
Sec. 2. Be it further- enacted, That the Chancellors of "•u
the said Middle and Southern Divisions, whenever any
of the terms of the courts of the Chancery District*
mentioned in the first section of this act, as now fixed by
law, conflict with the term* of other courts in their re¬
spective Divisions, the sai<' Chancellors respectively, un¬
til otherwise provided by law, may fix the time for hold¬
ing any such term so coming in conflict, by notice pub- Xotio4 t, b8
lished for thirty days, in sorpe newspaper issued from ft»im
point nearest <to that at which the court is to be held.
1863.
128
Sec. 3. Be it further enacted, That the change^ pro-
subject to provi-vj,ded by this act shall be subject to the
sions. of an act passed at tiie present session ox tins u*enercu
Asselnbly, to suspend during the war, the fall term pf
the Chancery Courts of the Middle Division of the State,
Eaii terms s'us-' and that the fall term of the said Chancery Courts of
ponded. 'districts detached from the Middle - Division, and
attached to the Southern Division by this act, be sus¬
pended according to the provisions of the said act afore¬
said.
Approved December 8, 1863.
No. 158.] AN ACT
To regulate the Courts of the Middle Chancery Division
during the existing war.
Section 1. Be it enacted by the Senate and House ofBep-
Faii term su3 resentatives pf the State of Alabama in General Assembly
ponded except convened, That .the fall and winter terms of the Chan-
&c' eery Courts for the Middle Chancery Division of the
State, be and they are hereby suspended during the war,
except the fall term of Russell Chancery Court for the
year 1863.
Sec. 2.' Be it further enacted, That all causes in said
causes submitted division-may be submitted f>r final decree in vacation,
by consent of parties, or their Solicitors or guardians ad
litem ; and as to parties against whom decrees pro con-
fesso have been properly entered without their consent,
but not until twenty days after such decrees have been
entered.
Sec. 3. Be it further enacted, All demurrers, any mo¬
tion or appeal from the decision of the Register, or appli-
cation'for orders to execute a decree, may be heard and
determined in vacation, upon five days' notice to the. ad;
verse party of the time and place and hearing pjbut no
notice shall be required to be .given to any party against
whom a decree pro confesso has been entered.
Sec. 4. Beit further enacted, All parties against whom
Decrees pro con* .i * i . A-•
/««. decrees pro confesso may be entered, may at any timo
before final decree, upon application to the Chancellor,
under existing laws and rules, be allowed to file an an¬
swer, and to continue the cause upon a prope^ showing.
Sec. 5. Be it further eriacted, That for the purpose of
Motions, &c.,
how hoard.
129
1863.
this act, the Chancellor of said'division shall remain at Duty orchatlceI.
the place of his residence during the month of Februaryffor and powers,
but may hear'and determine all matters which may come
before him under the provisions, of this act or existing
laws, in any month, and orders or decrees rendered by
the Chancellor, in vacation, shall be entered according
to the present rules of court, and be as valid in all re¬
spects as if entered in term time.
Sec. 6. Be it further enacted, Thattlie provisions of this limitation,
act shall only continue in force during- the war.
Approved November 19, 1863.
No. 159.] AN ACT
To change the time of holding the Chancery Courts for
Fifth, Sixth, Seventh, Ninth and Twelfth Districts of
the Southern Chancer/ Division of the State of Ala¬
bama.
Section 1. Beit enacted by the Seriate and House of Rep¬
resentatives of the State of Alabama in General Assembly
convened, That from and after the passage of this act, the Terms changed.
Chancery Courts for the following districts of the-South¬
ern Chancery. Division, shall. be held in each year, as
follows : For the fifth district, composed of the counties
of Henry and Dale, on the Wednesday next preceding Henry and Dale
the second Monday in May and November ; for the sixth
district, composed of the county of Barbour, on the se¬
cond Monday1 in May an.d November ; for the seventh *r our
district, composed of the counties of Pike and Coffee, on PikeanJ Co(ree
the fourth Mondays of April and October ; for the ninth
"district, composed of the county of Lowndes, on the Lowndes.
Thursday next preceding the fourth Monday in April
and October ; and for the twelfth district, composed of
the counties of Butler, Covington and Conecuh, on the Butler, Covington
third Monday in April and October. - anaconeeuu
Approved December 8,1863.
17
1863*
130
No. 160.] AN ACT
To authorize the County Commissioners of Mobile coun¬
ty to increase the salary of the Judge of the City Court
of Mobile.
Section 1. Be it enacted by the Senate and House of Rep-
saiar ma bum resentatives of the State of Alabama in General Assembly
oruasoiJ. Jm convened, That the county commissioners of Mobile coun¬
ty are hereby authorized to increase the salary of the
Judge of. the City Court of Mobii^ to an amount not to
exceed one thousand dollars per annum.
Sec. 2. Be it further enacted, That this power shall exist
Limitation jn ga^ commissioners until a ratification of a treaty of
peace between the Confederate States and United States.
Approved December 7, 1863.
No. 161J AN ACT
To better regulatfe the fees of the Judges of the -Probate,
Courts of Greene, Marengo and Choctaw counties. '
Section 1. Beit enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly
Foea during war convened, That the Judge of the Probate Courts of
Greene, Marengo and Choctaw counties for and during
the existing war, be allowed to receive for their services
hereinafter mentioned, the fees hereto attached and no
other, and the same to he paid, taxed and collected, in
the manner provided by law :
Estates of decens- ;por &\\ orders on presenting a Will for Probate, Arc,' $2 0U
od parsons. ..'I '
1 or examining witnesses, and order admitting Y\ ill ,
to Probate, where the gross value of the estate
is ten thousand dollars or more. a 4 00
For like services, where gross value of estate is
less than ten thousand dollars. 2 00
For presiding on the trial of a contested Will,
where gross value of estate is ten thousand
' dollars or-more—per diem 8 00
For like services where gross value of estate is.
less than ten thousand dollars. i t.... 4.00
For another jury trial 4 00
131
1863.
For granting letters testamentary, or of adminis-
I tration, where gross value -of estate is ten
thousand dollars or more $3 00
For like services, where gross value of estate is
less than ten thousand dollars 2 00
For taking, approving and recording bond, and
entering order of appraisement 2 00
For granting order of appraisement 1 00
For grunting order of sale of real or personal prop¬
erty, where the value of the property to be'- • .
sold is ten thousand dollars or more, pi 0.0
Fol* like services, where value of propert}7- to b.e .
sold is less than ten thousand dollars ' 2 00
For issuing copy of order of appraisement or sale, 5Q
For order to record inventory, appraisement and
sale, eaeh ' 1 00
For order removing'executors, administrators or
' . guardians 4 00
For granting and inning letters of guardianship, Minors
'•taking, approving' and recording bond, where
estate of ward is ten thousand dollars or more, 5 00J
For like services, where estate of ward is less than
ten thousand dollars 3 00
For ofrler appointing eolnmirsioners to divide real
or" personal' estate, and for issuing writs to
the sheriff, where property to be divided is
of the value of ten thousand dollars or more, 7 00
For like' services, where property to be divided is
less than ten, and live thousand dollars or
more. 5 00
For'like services, where property to be divide"!
is less than five thousand dollars in value.... - 300
For order on petition to sell real estate, appoint- rotates
ing a day for hearing, and orders for notices,
where estate petitioned to be sold, is of flie
value of ten thousand dollars or more 4 10
For like services, where value of estate petitioned
to be sold is less than ton thousand dollars.. 2 00
For appointing all guardians ad litem, and giving .
notice to such guardian ad litem............ 2 00
For examining testimony and giving decree, to
sell land, wherd the land is of the value of ten
thousand dollars-or more 8 00
For like services, where the value of the land is
less than ten thousand dollars.. . v : 5 00
For order approving sale and recording same .. 1 00
1863.
132
DoWer For hearing application for dower, issuing writ,
entering all orders, and alloting dower, where
dower allotted is of the value of ten thousand
dollars or more $8 00
For like services, where value of dower allotted is .
less than ten thousand dollars 5 00
Accounts For examining, stating and reporting the accounts
of executors, administrators or guardians, for
settlement, order appointing day for hearing,
and copy for publication, where gross value
of estate is ten thousand dollars or more.... 8 00
For like services in all other cases ; - • : * • ^ ^
For examining voucher, and allowing or rejecting
such on each side of account, where estate is
of the value of ten thousand dollars or more, ' 10
For like services in all other cases.. 05
Decires m settle- For making decrees on annual or partial settle- .
mcnt- ments, and order to record, where gross value
of estate is ten thousand dollars or more..... 5 00
For like services, where value of estate is less than
ten thousand dollars 2 00
For making all entries, except decrees in final set¬
tlements, and order to record, where gross
value of estate is ten thousand dollars or more, 8 00
For like services, where value of estate is less
than ten thousand dollars 4 00
For each decree of distribution...' : 1 00
i insolvent estates For entering all necessary orders in relation to in¬
solvent estates, for each order* 25
For issiyng notice to creditors, each notice * 50
For decree in favor of creditor, each 50
For filing each claim in office, and giving receipt
therefor, to be paid by person filing 'claim... 50
Fon issuing each writ, citation or notice, required
to be issued in pursuance of law 1 00
Bonds For approving every bond, except those of execu¬
tors, administrators and guardians 1 00
Records For recording wills, inventories, appraisements, re¬
ports, decrees, and for recording conveyances
and all other instruments required by law to
be recorded, for ever^ hundred wonds ' 20
Certificate For each certificate, witli or without seal of office, 1 00
license F°r granting retail license,and filing oath 3 00
For each other license not otherwise provided for, 2 00
Apprentico For order binding .out apprentice 1 00
commissions For commissions to take depositions in any one case, 2 00
133
J863.
For administering oaths not otherwise provided
for $ 50 a
For presiding in Commissioners' Court, per day.. 5 00 raiding
For posting estray, or advertising the same 2 00 &trny '
For filing claim against an estate solvent, to be FUillK clairo
paid by the person filing the same 50
When estates are less than $200, one-fourth of the
t lowest of above fee
For making out lists of'licenses, and exhibiting General scn-ico
bonds of public officers to grand juries, and
. making up and keeping records of Commis*
* sioners' Courts, and issuing citations to appor¬
tioned and overseers of roads, and drawing
drafts on county treasurers, and exhibiting
records t'o grand juries, filing and approving
bonds for bridges, &c., oaths and bonds for
militia officers, &c.,—per annum .. 300 00
Approved December 7, 1863.
No. 162.] AN ACT
To repeal in part "An Act to regulate the Fees of Pro-'
bate Judges in Greene, Marengo, and Choctaw coun¬
ties."
Section 1. Be it enacted by the Senate and House of Rep-
rcsentatives of the State of Alabama in General Assembly
convened, That the act entitled "An Act to regulate the Repealed as tq
Probate Judges' fe§s of Greene, Marengo, and Choctaw Choctaw
counties," approved December 7th, 1863, be, and the1 ;
same is hereby repealed, so far as relates to said fees in
the county of Choctaw.
Approved December 8,1863.
No. 163.] AN ACT
To increase the pay of8the county officers of Clarke
county, &c.
Section 1. Be it enacted by the Senate and House of Rep- Feeg increMPd
resentatives of the State of Alabama in General Assembly Wty Per ceBt-
convened, That* the fees of the Judge of Probate,
1863.
131
Clerk of the Circuit Court, and Sheriff of Clarke county,
and witnesses in the courts of said cdunty, be and the
same are hereby increased fifty per cent, on the fees
heretofore allowed by law.
Approved November 28, 1863.
No 164.] AN ACT
To increase the per diem of Commissioners, Tax Collec¬
tors and Assessors of Clarke, Choctaw and Tuscaloosa
counties.
" Section 1. Be it enacted by the Senate and^House of Rep-
rer diem of com .resentatives of the State of Alabama in General Assembly
mission*™ - convened', That the county commissioners of Clarke, Choc-
i taw and Tuscaloosa counties shall receive five dollars per
day for their services while their court is in session.
Sec. 2. Be it further enacted, That the tax collector
Fees of Assessor and assessor shall receive one dollar for visiting' the
Collector **r o i ■ p 11 pitj**'
house oi a tax payer tor the purpgse ot collecting or
•assessing taxes, Provided said tax payer is not a soldier
or the relict of a soldier. *
Approved December 3, 1863.
No. 165.] AN ACT
To increase the Fees of Commissioners and Constables
in Chambers county.
' Section 1. Be it ena< ltd by the Senate and House; of Rep-
mcrensed reseidativcs of the State of Alabama in General Assembly
City ppr c<*nt. convened, That members of the Court of County Com-.
missioners, and Constables, in the county of Chambers,
.be allowed an increase of fifty per cent, on the fees now
allowed by law.
. Approved December 8, 1863.
135
1863.
No. 166.] AN ACT
To repeal an act approved November 9th, 1861.
. Section 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly
convened, That an act, approved November 9th, 1861, to m
reduce and define the fees .of Notaries' Public for the
protest'of notes, bills of exchange, or other' papers, in
the city of Mobile, be, and the same is hereby repealed.
Approved December 3, 1863.
No. 167.] -AN ACT
• ' # •
To authorize the Judge of Probate of Lowndes county-
to record a certain paper.
Section 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly
cvnvened, That it shall bo lawful for the Judge of Pro- m^wners i*gai
bate of Lowndes county to record the report of Simeonlzod
R. May, Felix Jordan, George Hazard and Jas. A. Gra¬
ham,,a commission appointed to set off from the estate of
M. E. Murphree, one-sixth part of the negro property of
said estate to Rebecca F. Sitmple}r, formerly Rebecca F.
Murphree.'
Sec. 2. Be it farther enacted, That the commissioners cu^mwuionors tu
named in the first section, be and are hereby authorized
to designate the slave Eliza or Liza, as the one-sixth part
of the slave property,of the estate of M. E. Murphree, to
Rebecca F.- Sainpley, Provided said slave be the one-provi.w
sixth part of the value of said property.
Approved November 27, 1863.
No. 168.] AN ACT
To remove ihe» settlement of the Guardianship of Julius
C. Alford, deceased, late guardian of Julius S. Alford,
from the Probate Court of Fike county, to the Probate.
Court of Montgomery county.
Section 1. Be it enacted by the Senate and Havre of Rep¬
resentatives of the State >of Alabama in General Assembly
1863.
136
Administrator of convened, That D. B. Banks, administrator of thq, estate
j. c. Aiford to 0f Jnlus C. Alford, deceased, late of Montgomery eonnty,
be authorized to remove the settlement of the guardian¬
ship of Julius C, Alford, deceased, late of Montgomery
county, from the Probate Court of Pike county, the Judge
of said Probate Court of Pike county being connected by
consanguinity with the said Julius S. Alford, within the
degree, and tliat'the Judge of the Probate Court of Pike
county shall make a complete record of all the proceed¬
ings had in said court of the guardianship of the estate of
the said Julius S. Alford, by the said Julius C. Alford,
and cause the same to be transferred to, and be deposit¬
ed in the Probate Court of Montgomery county, which
court shall forthwith take jurisdiction of said settlement,
and proceed to hear and determine all matters and
things pertaining thereto, and the final settlement of said
guardianship.
Approved November 27,1863.
remove settle¬
ment.
Juilgo to make
record.
Jurisdiction
changed to
Montgomery.
No. 169.] AN ACT
To confer jurisdiction upon the Probate Court of Busier
county over the estate of George N. Lewis, dee'd.
Section 1. Be it enacted by the Senate and House of'Rep¬
resentatives of the State of Alabama in General Assembly
court orButior convened', That the Court of Probate of Butler county,
ha» jurisdiction: shall have jurisdiction over the estate of George N.
Lewis, deceased, late of Lowndes county, to grant let¬
ters testamentary on the Will of said' deceased, and to
,do all things necessary and proper to qausethe estate of
said deceased to be settled and distributed in said court,
according to the laws of. this State, under the. provisions
of said Will, as fully and effectually as if the said .de¬
ceased had been an inhabitant of the county qf Butler at
the time of his death.
Approved December 4, 1863.
137
1863.
No. 170.] AN ACT
To give jurisdiction of the estate of William Garner to
the Judge of Probate of Bibb county.
Section 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly
convened, That the Judge of Probate of Bibb county have, ^^jicUon con"
and he is hereby given jurisdiction of the estate of Wit-
Hum Garner, to probate the last will of William Garner,
deceased, late of Bibb county, and to exercise jurisdic¬
tion .of said estate as fully as though no relation existed
between said Judge of Probate and the deceased, and the
legatees under said will or executor thereof.
Approved November 19, 1803.
No. 171.] AN ACT
To authorize the Court of Probate of Pike county to
grant an order of sale of the land of Eli Parks pri¬
vately.
Section 1. Be it enactedby the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly
*convened, That the Court of Probate of the. county of
Pike be, and the same is hereby authorized and empowr-sale-
ered to grant an order to F. E. Boykin, the administrator
on the estate of Eli Parks, late of said county, deceased,
to sell the lands of said estate, either at private or public
sale, as it may appear best to the interest of the said es¬
tate, said" sale shall be returned by said administrator,
and passed upon and 'confirmed by said court, as provided couHnnmion
j'ov by law in relation to sales of lands by administrators.
t Approved December 7, 1863.
No. 172.] AN ACT (
To extend to 'the Probate Court of Jefferson county the.
provisions of an act therein named, and other counties.
Section 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly
18
1863.
138
Provisions of act convened, That the provisions of an act to amend Section
Axtaaded. 1748 of the Code, so far as relates to Bibb county, "ap¬
proved August 27,1863," be and the same are hereby
extended to the Probate Court of Jefferson, • Perry,
Greene, Macon and "Dallas counties.
Approved December 8, 1863.
No. 173.] AN ACT
To authorize the administration of the estates of James
K. Breazeale and Sarah K. Breazeale, to remove the
administration of said estate from the county of
Lowndes to the county of Dallas.
Section 1. Be it enacted by the Senate and House of Bep-
, J , . 4 4 resentatives of the State of Alabama in General Assembly
AdnuaistraUr v
authorised te r#-convened, That Absalom D. Breazeale, of Dallas county,
JOTS?' administrator of the estate of James K. I^reazeale, arid
also of the estate of Sarah A. Breazeale, be authorized
to remove the property and administration of said estate .
from the county of Lowndes to the county of Dallas,
and that the Judge of Probate of the county of Lowndes.
Kocord to i>u cer-be authorized to serve a transcript properly certified
of the proceedings heretofore had in said court, in rela¬
tion to said estate, with all papers on file in his courts
belonging to said estate to the Probate Judge of Dallas
county. Provided, the said Absalom D. Breazeale shall
Bond first give bonds to the Judge of Probate of Dallas county
as are required by law, and shall, pay to the Judge of
r«e« to be pxii. Probate of Lowndes county all 'costs that have accrued
in the administration of said estate in Lowndes county,,
settlement an(j shall make full settlement of said estates with the
probate court of Lowndes county before the order of
removal is granted.
Approved November 17, 1863.
No. 174.] AN ACT
•To authorize the Governor to rescind certain contracts
therein named.
Section 1. Be it enacted by the Senate and House of Bep■
139
1863.
resentatives of thie State of Alabama jin General Assembly
convened., That the Governor be and he is hereby an- w. starke-s
thorized upon -just terms to rescind a contract made by contr*®t
him with E. W. Starke, of Pike" county, for the distilla¬
tion of alcohol and whisky. Provided, said Starke con¬
sents thereto, and that in the opinion of the Governor
the. interest of the community in which the distillery
is located requires such rescission. *
Sec. 2. Be it further enacted, That all the provisions
of fhe first section of this act be and apply to the con- R„bin*«» aT*y-
tracts made by James L. Robinson and William L. Tay-lor-
lor,'of the county of Chambers, for the distillation of
al'cohol and whisky.
Approved December 3, 1863.
No. 175.] AN ACT
For the relief of Dickson Nelson <fe Co., and Lewis G.
Sturdivant.
Section 1. Be it enacted by the Senate and Howe of Rep'
resentatives of the State of Alabama in General Assembly c#T,rnor WST
convened,"That the Governor be, and he is hereby author- pay cwp««.
ized to modify .or change the contracts made with Dick- 1
son Nelson & Co., and Lewis G. Sturdivant, for the man¬
ufacture and delivery of guns for the State, so as to. pay
just and reasonable compensation for the guns which have
been or shall be delivered to and received by the State,
Approved December 7,1863.
No. 176.], AN ACT
For the relief of certain Government. Contractors.
' Section 1. BcSt enacted, by the. Senate and Honse of Rep¬
resentatives of the State, of Alaba,m,a in General Assembly
convened, That it shall be lawful for any defendant indie- When iQ'lic,e4
7 ^ ^ ^ may prov®
for cutting trees Off the public lands m the State, to arnm«»t rot.tract
ted e proof upon the trial of such indictment, that,at the
mak of the committal .of .the offence, a subsisting con-
time existed between the party indicted and the gov^
tract nt of the Confederate States, to furnish said gov-
arnme
1863,
140
And actual use
Fine
eminent any of the following articles, 'to-wit: Potash,
Nitre, Sulphur or Charcoal, and that the said trees were
actually used in the fulfillment of said contract, and that
the potash, nitre, sulphur or charcoal, as the case may
be, Avas manufactured for the sole use of said govern¬
ment, and has not been disposed of to any person other
than to an.agent of said government for its use.
Sec. 2. Be it further enacted, That upon such proof
being made, it shall be lawful for the jury trying the
cause to assess a fine against the defendant to an amount
equal to the amount of the actual damages the State has
sustained by reaspn of the cutting of said trees, not less
than the minimum price fixed upon said lands by the
laA\Ts of this State, and not less than the minimum price
of each legal subdivision upon Avhich the defendant has
cut any timber.
'Sec. 3. Be it further enacted, That the privileges al-
ioAved by this act is also extended to their agents and
employees.
Sec. 4. Be it further enacted., That this act shall not
Xof io repeal., kc. he so construed as to repeal any law in force against cut¬
ting trees from public lands, and shall not affect any in¬
dictment noAv pending, except so far as it secures to de¬
fendants the benefits herein provided,
.Approved November 27, 1863.
F.xtnnded to
agents, &c
No. 177.] AN ACT
For the relief of Justices of the Peace in the county of
Montgomery.
Section 1. Be it enacted by the Senate and House of Bep-
resentatives of the State of Alabama in General Assembly
pikaWo.862 ap convened\ That all the provisions of <£ an act in relation
to the officers of Court,'' .approved November 14, 1862,
be and the same are hereby "made applicable to Justices
of the Peace in the county of Montgomery, so far as
relates to preliminary trials and investigations had be¬
fore them in State cases in Avliich convictions are had in
Few how paid the Circuit Court, and that the fees due' said Justices7on
,such preliminary trials and investigations had before
them in cases Avhere convictions are had in the Circuit
Court shall be paid out of the fine and forfeiture fund
of the county of Montgomery in the same manner and
to the same extent' as
fees due the officers of
Approved December
141
is provided for the
cojirt by said act.
4, 1863.
1863.
payment of
No. 178.] AN ACT
For the relief of the poor of Mobile county.
Section 1. Be it enacted by the Seriate and House of Rep¬
resentatives of the State of Alabama in General Assembly
convened, That the Board of Commissioners of Revenue mayTJrytax™
of J^Iobile county be and is hereby authorized to levy
and collect a special annual tax, not exceeding fifty per
cent, on the amount of thev State tax in said county, for'
the relief of the poor of Mobile city and county,, to be
distributed in such manner as said commissioners shall
deem best.
Sec. 2. Be .it f urther enacted, That this act shall be
in force for and during the continuance of the war now Limitation of net
pending between the United States and the Confederate
States, and nothing herein contained shall operate as a
repeal of the laws now in force in this State for the
relief of the families of soldiers in the Confederate ser¬
vice. ,
Approved November 30, 1863.
No. 179.] AN ACT
- For the relief of the poor in Cherokep county.
Section 1. Beit enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly
convened, That one-half of the taxes collected by Chero- ^r8et apftrt.fQr
kee county, for county purposes, now on hand, or which
shall be collected during the war, shall be set apart for
the support of. the poor of said county, who are not re¬
cipients of the county fund for the relief of indigent fam¬
ilies of soldiers ; the same, to be distributed under the
direction of the court of county commissioners, of said
county.
Approved November 28,1863*
1863.
142
No. 180.] AN ACT
• *
For the relief of Jeremiah Fail.
Whereas, Jeremiah Fail bored three artesian wells
preamble on the saline lands of this' State, which are included in
the lease to John P. Figli, at his own risk, cost and ex-
' pense, under an invitation of the General Assembly to
all persons, to make salt on the saline lands of this State,
and whereas the State is now deriving the exclusive use
and benefit of said wells,
Section 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly
Mny ree*iTe rent That the said Jeremiah Fail be, and he is here¬
by authorized to charge and receive for the use of the
waters produced by said wells, such toll or rent as he
may deem reasonable and just, not to exceed one-tenth,
in addition to the toll or rent charged or received by the
State ; and'that no person shall use said waters without
paying rent or toll to the said Fail, except - the excess of
water over and above the quantity contracted for, Pro-
pro^so vided, however, that this act shall -only remain in force
twelve months from its passage.
Approved December 8,1863.
No. 181.] AN ACT
For the relief of the Western Pail Road Company.
Section 1. Be it enacted by the Senate and House of Rep-
, resentaiives- of the State of Alabama. in General Assembly
per'o<?BtV™ convened, That the Western Rail Road Company shall
be entitled to the benefit of the provisions of the fifth
section of an act entitled " an act to reinvest a portion
of the two per cent, fund," approved- 24th February,
p 1860. Provided, said Company shall complete and put
' in operation their Rail Road from the town of Montgom¬
ery to the Alifbama River, opposite the town of Selma
' within two years after the ratification of a treaty of
peace between the United States and the Confederate
States.
Approved December 5, 1863.
143
1863.
No. 182.] AN ACT'*
For the relief* of H, P. Watson.
. Whereas, the State of Alabama is justly indebted to
H.* P. Watson, the Adjutant and Inspector General of PieumUla
the State for eight and a half months services, beginning
on the 14th day of March, and ending 30th November,
1863, at the rate of $120 per month.
Section 1. Therefore he it enacted hy the Senate, and House.
of Representatives of the State of Alahaina in General Am.miSLtj(;u
Assembly convened,, That the Comptroller draw his war¬
rant upon the Treasurer, in favor of said H. P. Watson,
for the sum of one thousand and twenty dollars, to be
paid to the said Watson, out of any money in the trea¬
sury not otherwise appropriated.
Approved December 8,1863.
No. 183.]' AN ACT
For the relief of Robert Z. Barlow, the Tax. Collector
and Tax Assessor of the county of Baldwin.
Section 1. Be it enacted hy the Semite and House of Rep¬
resentatives of the State of Alabama in General Assembly
convened, That the amount heretofore paid by Robert Z. fefrV"*
Barlow, tax' assessor and tax collector of the county ofkurB8d-
Baldwin, during his present term of office, for necessary
books and printing and stationery, may be retained by
him in toy future settlement with the county commis¬
sioners, and he may continue to do so until otherwise pro¬
vided by law.
Sec. 2. Beit further enacted, That the sum .of sixtyiwadvaaaiMt«be
dollars being the amount allowed by the said eomims-l>a"119 c®MeiiU'r
sioners to R. Z. Barlow, the tax collector of said county,
for errors and insolvencies in the year 1862, be paid to
the order of said Barlow by the State Treasurer, on the .
warrant of the Comptroller, the. same having been refus¬
ed payment .only on account of not having been present¬
ed during the fiscal year 1862.
Approved December 4,186&.
1863.
144
No. 184.] AN ACT
For- the relief of the Tax Collector of Calhoun county,
Section 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly
makuToturuit0 convened, That the tax collector of Calhoun county be
allowed, until the, first of Mayf 1864, to make his return
Proviso to the Comptroller for the taxes of 1863 ; Provided, that
this act shall not take effect until the sureties on the of¬
ficial bond file their written assent thereto in the office
of the Comptroller of Public Accounts.
Approved December 7,1863.
No. 185.] AN ACT
For the relief of Samuel B. Harmon, Tax Collector of
Macon county.
Whereas, Samuel B. Harmon, late tax collector for
Macon county, has fully paid off and satisfied the judg¬
ment, principal, interest and costs obtained against said
Harmon, for the gum of five thousand'one' hundred and
thirty dollars and eight cents, the balance due from said
county for the tax year 1860, and the further sum of
twelve hundred and eighty-two dollars and fifty-two cents
recoverod as damages thereon.
Section 1. Be it enacted by the Senate and, House.of Rep¬
resentatives of the State of Alabama in General Assembly
convened, That the sum of twelve hundred and pighty-
two dollars and fifty-two cents ($1,282 52), be and the
same is hereby appropriated to Samuel B. Harmon, late
tax collector for the county of Macon, the same being the
amount of damages recovered on a judgment against said
Harmon, for the taxes of 1860, and by him paid into the
State treasury, and that the Comptroller of public ac¬
counts issue his warrant on the State Treasurer therefor,
to be paid out of any money in the treasury not other¬
wise appropriated.
Approved December 5,1863.
Approprl»tioa
Hon? drxwa
145
,1863.
No. 186.] AN ACT,
For tlie relief of William Hulsey, Tax Collector of Walker
coymty.
Section 1. Be it enacted by the Senate and House of Rep-
'resmtatives of the State of Alabama in General Assembly
convenedThat the Comptroller of public accounts be, *1'
ami he is hereby authorized to allow^to William Hulsey,
tax collector of Walker county, for the year 18G2, a credit
of one hundred and eighty-one dollars and seventy-four
cents, for insolvencies, errors, *&c., in the assessment of
the State taxes of said county for that year, Provided,
that said collector shall present to said comptroller theFlwlsu
certificate of the court of county commissioners that the
said sum of one hundred and eighty-one dollars' and sev¬
enty-four, cents is the correct amount allowed therefor to*
said.Hulsey.
Approved November 27, 1863.
No. 187.] ' AN ACT
For the relief of Theopliilus C. Greenhill, Tax Collector
of Franklin county.
Section 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly
convened, That in tlie settlement with the Coni]droller A t Ml.
of the account of Theophilus C. Greenhill, tax collector tot.® i»y
for Franklin county for the year 1862, the sum of seven e"e,n>rr,i""tt011'
hundred and thirty-two dollars be remitted to him of the
isum due, th^t being the amount of public money that
had been collected for taxes due the State of Alabama,
•that was taken from him by forch of arms by the public
enemy, on the -1st February, 1803.
Approved November 19,1863.
. No. 188.] AN ACT
For the relief of John Mosely, Tax Collector of Dallas
county.
Section 1. Be it enacted by the Senate and House of Rep¬
resentatives of the Stale of Alabama in General Assembly
19
1863.
146-
convened, That the Comptroller of Public Accounts is
credit allowed in authorized and required, in his settlement with John
Mtuement. Mosely, tax collector of Dallas county, for the year 1802,
to allow the said John Mosely a credit of two thousand,
eight hundred and ninety-eight dollars and ninety cents,
being the amount of errors and insolvencies in the as-
proTiao sessment of Dallas county for said year ; Provided, the
said John Mosely shall file with the Comptroller, the
proper certificate of the Court of County Commissioners
of Dallas county, as now required by law.
Approved December 3,1863.
No. 189.] AN ACT
For the relief of Jame3 P. Buggan, jr., Tax Collector of
Butler county.
section 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, on his settlement with Jas.
P. Boggan, jr., late tax collector for Butler county, for
the taxes of 1862, to allow credit for the amount of his
insolvent and error list for the taxes of that year ; Pro¬
vided, the same be' filed with the Comptroller, properly
certified, as now required by law.
Approved December 4, 1863.
No. 190.] AN ACT
For the relief of Stephen Gipson, of Lawrence county.
Section 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly
ApproRriatio* convened, That the Comptroller be authorized and re¬
quired to draw his warrant on the Treasurer for the sum
of thirty-two dollars and fifty cents, in favor of Stephen
Gipson, to be paid out of any money in the Treasury not
otherwise appropriated. •,
Approved December 3*0, 1863.
Credit allowed
PrarUc
147
1863.
No. 191.]
AN ACT
For the relief of Virginia Mathews, of £)allas county.
Section 1. Beitcna.ctedby the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly m
f i mi i/-i n pit pi Tax orerpaid r*.
convened, that the Comptroller ot public accounts of thOfiindad.
State is hereby required to draw his warrant on the trea¬
sury of the State, in favor of Virginia Mathews, as the.
administratrix of Peter E. Mathews, deceased, late of-
Pallas county, for thd sum of two hundred and forty-four
dolla^ and forty cents ($244 40), being the amount of
State taxes overpaid by her by mistake, on- lands not be¬
longing to estate of the said Peter E. Mathews.
Approved November 25, 1863.
For the relief of the heirs of Catharine Baker.
Section 1. Be it enacted by the Senate and, House of Rep¬
resentatives of the State of Alabama in General Assembly
convened, Whereas, Catharine Baker, late of Montgomery pre?mbI*
county, deceased, by her last will and testament, devised
to her daughter, Mary Eliza Peacock, of said county, cer¬
tain real estate, situated near the. city of Montgomery, to
her sole and separate use, free from the dominion, debts
and liabilities of, her present, and any future husband,
during her natural life, and at her death to the issue of
her body then living, and their heirs forever.
And- Whereas, the' children of the said Mary Eliza Pea¬
cock, now living, to-wit: William Williamson, Jesse Pea-p«acocic
cock, Cammilla P. Edwards, Mike Peacock, M. C. Tay-
lor,'who are of full age, and Sarah Peacock and Fnnnie
Peacock, by their guardian, and the said Mary Eliza,
have solicited a sal® of the said lands for distribution, by
their petition signed by them respectively^ and for this
purpose, the said Mary Eliza, "having given her assent,
and has surrendered her life estate in consideration
of receiving therefor, a child's part in fee (simple, which ,
has also been assented to by all of said children and
guardian.
No. 192.]
AN ACT
1863.
148
Sec. 2. Now, therefore, he it enacted by the Senate and
House of Representatives of the State of Alabama in Gen¬
eral Assembly convened, That it shall be lawful for th«
administrator, with the will annexed, of said .Catharine
Baker, to sell said land at either public or private sale,
for cash, or on a prcdit, or part cash, and part credit, and
in a body, or in separate lots as he may be advised is best
for the interest of said parties.
Sec. 3. B( it further enacted, That within thirty days
after said sale, the said'administrator shall report the
same to the 1'robate Court of Montgomery county, and
Jf no objections be made to said sale by any of thai par¬
ties interested, within twenty days after notice of the fil¬
ing of said report, and the terms of said sale shall be
complied with by the purchasers,. the sale shall be eon-
Deeds 10 firmed, and the court shall order deeds of conveyance to
jbe made to the purchasers by said administrator, which
said deed or deeds shall convey to the purchase? all the
right, title, interest and claim of the said Mary Eliza
Proviso Peacock, and each and all of her children above named,
whatever it may be in law or in equity. Provided, that
the" guardian of said infants shall elect as to terms of the
sale of their interest, and it he elect to sell oil time, then
the. administrator shall in his sale require such part of
said purchase to be on time., as will equal the interest of
said infants, or as much of tlieir interest as the guardian
shall demand, to be on time, secured by mortgage on the
premises. i
Pec. 4. Re if further enacted, That upon the conlirma-
of pro" lion of said sale, the said administrator with the will an¬
nexed, shall bo authorized to pay over to the said Mary
Eliza Peacock one-eighth portion of the nett proceeds,and
to each of her said adult children one-eighth, and to the
guardian of each of the infant children, one-eighth jn
money, or in the time notes as they. Inay demand. Pro¬
vided,- that this act shall in no wise interfere with the
vights of the creditors of said estate, if there he any.
Nor shall any sale take place until the administrator of
said estate, file his assent thereto in said Probate Court.
. Approved November 21, 1863;
Administrator
may sail insH
Report
149
1863.
No. 193.] AN ACT
For the relief of Wiley. Glover, of Calhoun county. .
Section 1. Be it enacted by the Sena te a nd Hovsi of Rep¬
resentative# of the. State of Alabama in General Assembly
convened, That the Secretary of State ia hereby imthor-,Tl1lM
ized, and it is hereby made his duty to make title to
Wiley Glover, of Calhoun1 county, for the following de-
Elt-ribed land, to-wit': The West half of the North West
quarter of Section Sixteen, in Township Fifteen, range
Eight, East, in Calhoun county, Alabama, all laws and-
parts of laws to the contrary not withstanding.
Approved December 7, 1863.
No 194.] AN ACT
For the relief of Duncan-Findley, of the county of Pike.
Wherab, Duncan Findley, of Pike county, State ot Al¬
abama, became the surety of one Jacob Folman, late ofProaHllrlfi
said county, deceased, for the purchase money for the
South West quarter of North East quarter and North
half of South East quarter of Section Sixteen, Township
Nine, Range Nineteen, at a public sale made by thetrus- ■
tees of said township,in accordance with law ; and where¬
as, the said Duncan Findlay has paid the whole of the
purchase money for said lands, and the estate of the said
Folman is insolvent, and there is no administration upon
the same, therefore,
. Section 1. Be it enacted by the. Senate and Home of Rep¬
resentatives of the State of' Alabama in General Assembly
convened, That the Secretary of State be authorized and iiti*s to Findlay
required to make as full and complete titles to the said
•South West quarter of North East quarter and North
half of South East quarter of Section Sixteen, Tovnship
Nine, and Range Nineteen, to the said Duncan Findlay,
as he would be require^ to do, had the said Findlay been
the original purchaser of said lands. Provided, howev- Pmiw
er, that this act shall not affect the legal or equitable
rights of the heirs or personal representatives of the said
Jacob Folman. r" r
' ( Approved November 27,1863.
1863. *
150
No. 195.] AN ACT
For the relief of E. Shiver, of Dale county.
Whereas, on the 19th day of February, 185G, Elijah
Shiver, of Dale county, entered at the land office at Elba,
Frcambi# Alabama, forty-one 37-100 acres of the South East quar¬
ter of the North West quarter of Section No. 3, in Town¬
ship No. 3, of Range Twenty-five. And • whereas, said
Elijah Shiver intended to enter fort}-one 37-100 acres of
i the North East quarter of the North West quarter of
said section, township and range, said Shiver having pre¬
viously, to-wit: on the 13th day of October, 1855, enter¬
ed the South East quarter of the North West quarter,
therefore
Section 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly
convened, That the Register and Receiver of the Land
omngewuiT office at Elba be, and he is hereby directed to change
said entry from the South East quarter of the North West
quarter to the North East quarter of the North West
quarter of said Section, Township and Range. Provided
the latter tract is vacant and subject to entry. _ •
Sec. 2. Be it furthe * enacted, That all laws and parts
R«p®ai of laws militating against this act be, and the same are
hereby repealed.
Approved November 19, 1863.
No. 196.] AN ACT
For the relief of Boy kin G-oldsby and others.
Section 1. Be it enacted by the Senate and House of Rep¬
resentatives of tie Sbdc of Alabama in General Assembly
Rpiiovofi from convened, That hereafter, should it become necessary for
. James T. Reese and Eo}kin Ooldsby, of Dallas county,
ahd Samuel G-. Hard away, of Montgomery county, to take
the oath against duelling, require*! by Section 110 of the '
Code of Alabama, the oath shall bo confined, iu point of
time to the first day of November, 1863.
Approyed November 25,1863.
151
1863.
No. 197.] AN ACT
For tile relief.of Edward P1 Holcombe, of Lowndes
county.
section 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly
convened, That whenever hereafter it shall become no1
cessary for Edward P. Holcombe, of Lowndes county,
Alabama, to take the path against duelling prescribed
by section 110 of the Code of Alabama, sucli oatb shall
be confined, in point of time, to the first day oi Novem¬
ber, A. D., 1863.
Sec. 2. Be it further enacted, That said Edward P..
Holcombe be, anl he is hereby relieved from all the From see. 3o«9
f pains and penalties of section.3089 of the Code of Ala¬
bama. 1
Approved November 28, 1863.
No. 198.] AN ACT
For the relief of "William A. Rose.
Section 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assetnl ly Mu.de oitben or
convened, That from and after the passage of this act,Da1lM-
William A. Rose, of Perry county, according to the
boundaries of said county, is hereby declared to be a
citizen of Dallas county, so long as he continues to live
where he now resides.
' Approved November.25,1863.
No 19$] : AN ACT
, For the relief of N. Y. Alston.
Section 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly
convened, That the county line between the counties of 9f
Perry and Marengo be changed so as to make Nathaniel
Y. Alston a citizen of Marengo county, and entitled to
all the privileges of citizenship therein, so long as he
shall continue to reside at the place which he purchased
from Mrs. Talbot.
Approved November 28,1863.
1863,
152
No. 200.] AN ACT
. For the relief of L. R. Davis, of Limestone comity.
•i *
Section 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in, General Assembly
wUlt convened, That hereafter L. R. Davis, of the county of
Limestond, shall be considered a liner between the coun¬
ties of Limestone and Madison, with all the privileges
'and liabilities which attach to a citizen of Limestone
county.
Approved November 30, 18(53.
No. 201.] AN ACT
For the relief of Lewis Anderson.
Section. 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly
«ntsca »r convened, That the comity line between the counties of
pmtt- Terry and Marengo be changed so as to make Lewis An¬
derson a citizen of Perry county, and entitled to all the
privilege* of citizenship therein.
Sec. 2. Be it fur iher enaeted, That the slaves of the
vwj'k Lewis Anderson shall be liable to work on public
ruaas. roads in the county of Perrv. "
>proved November 30, 1803.
No. 202.] AN ACT
For the relief of Sedwine Dolive and Alexander Dolive
of Baldwin county.
Section 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly
convened, That Sedwine Dolive- and Alexander Dolive, of
Baldwin county be, and thev are hereby made citizens
of the State of Alabama, entitled to all the privilege# as
such.
Approved November 28, 1863.
153 1863.
,No. 203.] ( AN ACt
*For tlie relief of Eliza Jane Harris, of Randolph county,
Alabama.
Section 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly
convened, That Eliza Jane Harris, of Randolph countyt)lvorde!(1
be, and she is hereby relieved from all disabilities impos¬
ed by law on persons against whom a divorce has been
obtained.
' Approved December,8,18G3.
No. 204.] AN ACT
For the relief of Mrs. Jane Kirk, of Macon county.
Section 1. Be it enacted by the Senate and H6use of Rep¬
resentatives of the State of Alabama in General Assembly
convened, That Mrs. Jane Kirk, whose son v<»lunteered
in the military service of the Confederate Slates fromliei onumiiiw.
the State of Mississippi, is hereby declared entitled to
share in the several acts for the relief of indigent fami¬
lies of soldiers, as fully as if her son had volunteered in
said service from this State.
Approved December 7,1863.
No. 205.] AN ACT
For'the relief of T. ^ Bethea, of Montgomery county.
Section 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly May s,u 0ora in
convened, That T. B. Bethea, of Montgomery county, be,tbis sute-
and he is hereby authorized to sell his corn, which he-
purchased of A. P. Calhoun in Marengo county, in any
market in this State, any laws to the contrary notwith¬
standing.
• Approved December 8, 1863.
20
1863. 154
No. 206.] AN, ACT
For the relief of Charles Irby Mitchell.
Section 1. Be it enacted by the Senate and House, of Bep-
resentativcs of the State of Alabama in General Assembly
duabIrn/rom convened, That Charles Irby Mitchell, of the •county of
Mobile, be, and he is hereby released from the disabili¬
ties of non-age, so as to authorize him to make settle¬
ment with, and to receive from his guardian all his pro-'
perty, in the same manner, and to the same extent, as
though he was of full age ; and liis guardian is hereby
authorized and fully empowered to settle with and de¬
liver to said Mitchell all his property, and the settlement
and-receipts of the said Mitchell shall be as effectual as
if he were of full age ; and the said Charles Irby Mitch¬
ell is hereby authorized to exercise all the privileges and
' the rights of an adult, except the right to vote ; and he.
shall be subject to all the liabilities and duties of an
adult, notwithstanding his non-age.
Approved December 5, 1SG3.
No.207.] AN ACT*
For the relief of Lindsey C. Spratling, of the.county of
Chambers.
Section 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly
my transact convened, That Lindsey C. Spratljng, a minor of the
businoss. county of Chambers, be and he is hereby authorized to
manage and transact all business connected with" his es-
coutracts tate, and that all contracts which he shall make after thi?
passage of this act, shall be as legal and as full*effect.as
though he were twenty-one years of age, and he is here¬
by fully authorized to settle with and receive his prop-
Recowo property er^y from his guardian, as fully as though he were twen¬
ty-one years of age.
Approved November 17, 1863.
155
1863.
No. 208.] AN ACT
»
For the relief of Algernon A. Henderson, a Minor.
Section 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State, of Alabama hi General Assembly
convened, That Algernon A. Henderson, a minor, of the ^.recone es"
county of Macon, be and he is - hereby relieyed from his
disabilities as a minor,.so far as to authorize him to re¬
ceive his estate at the hands of his guardian, George B.
Slaughter, and to receipt for the same as fully as he could
do, if he, said minor were twenty-one years of age, and
upon such final settlement and receipt, the said Slaugh-
ter shall be discharged from all further liability therefor
as guardian. (<
Approved December 7, 1863.
No. 24)11.] AN ACT
For the Relief of James M. Calhoun.
Section 1. Be it enacted by the Sentiti and, House of Rep¬
resentatives of the State of Alabama, in General Assembly
convened,, That upon the probate of the will of Williarn rcn'^tyrojr w*
M. Smythe, late of.the county of Marengo, by James M. r"nc,,,n Pi,Uas
Calhoun, the executor thereof, in the Probate Court of
Marengo count1}', the administration and settlement of
said estate, with all of the property belonging thereto,
be and the same is hereby transferred and removed from
the county of Marengo to the county of Dallas, and to this
end the Judge of the Prolrate Court of Marengo county,
upon application of said James M. Calhoun, shall make
out and certify to the Probate Court of Dallas county, a
full and complete transcript of all the proceedings of said Transcript
court in relation to the probate of the will of said Wil¬
liam M. Smythe, which "transcript, with all fees due to to pay fees
tha Judge of Probate of Marengo county, shall be paid
by the said James M. Calhoun.
. &ec. 2. Be it further enacted, That upon the filing of
said transcript,'with the will of said William M. Smythe, court of Dallas to
in the Probate Court of Dallas county, and the executionissurt lettPrs>ltc-
of the proper bond by the said James M. Calhoun, the
Probate Court of .Dallas county shall give letters/ testa¬
mentary to said James M. Calhoun, as the executor of
1863.
,156
said William M. Smythe, and shall become invested with
as full and complete jurisdiction over the estate of said,
Smythe as if he had died in Dallas county, and shall exe¬
cute all the provisions of the law in relation to said estate,
as if said court had had original jurisdiction of the estate
of said William M. Smythe.
Approved December 3, 1863.
No. 210.] AN ACT
For the relief of William S. Knox, of Dallas county.
Section 1. Be it enacted by the Senate and*House of Rep¬
resentatives of the State of Alabama in General Assembly
May wii n<\?ront conike?2erf, That William S. Knox, of Dallas county, as the
privutR EiUc, &c. administrator of Aunius B. King, late of said county, is
hereby authorized and empowered to sell at private sale
for cash, or on a credit, in or out of the State, a certain
negro woman named Patsey, and her infant child, the
proviso property of said estate ; Provided, the said William S.
Knox shall make due report and return of said sale'to
the Probate Court having jurisdiction of said estate,
within the time now required by law.
Approved December 8, 1863.
No. 211.] AN ACT
For the relief of the heirs of Hardy Aljney, deceased.
Section 1. Be if enacted by the Senate and House, of Repn
resentatives of the State of Alabama in General Assembly
^ithstomiing'1 convened, That it shall be lawful for the Court of Probate
widowhood, &c. 0f Sumter county, on petition of- the heirs of Hardy
Abnev, deceased, to grant an order to the administrator
of the estate of said Hardy Abney to divide the pro¬
perty of said decedent, as nearly as possible in accord¬
ance with his Will, but setting aside the provisions of
proviso the Will that the property shall not be divided during
, the widowhood of his late wife ; Provided, the court
shall be satisfied that all the parties interested are adults
and consent to such division.
Approved November 27,1863.
157.
1863.
No. 212.] AN ACT
For the relief of the estate of William T. Smith', of But¬
ler count}7.
Section 1. Be it enacted by the Senate and Some of Bep-
•reseniatives of the State of Alabama in General Assembly
convened, That upon Sarah A. E. Smith, of Butler county, tnmKfor-
prodiicing to the Probate Court of Macon county a bondeounty.aton
with sufficient surety, approved by said court, condition¬
ed faithfully to execute, all and singular the trusts ap¬
pertaining to said estate of William T. Smith, and to do
and perform whatever the law requires in regard to the
management and settlement thereof; upon the certificate
of said judge that §ucli bond has been given, the admin¬
istration of said estate shall be, and is hereby declared
transferred to the county of Macon, from the county of
Butler.; Provided, that the said Mrs. Sarah A. E. Smith scttiem«nt to bo
shall make a settlement of said estate with the Probate ™tntyn Butkr
Court ol Butler county, previous to such transfer.
Approved November 19, 1863.
No. 213.] AN A.CT
For the relief of the heirs and representatives of John
Flood McGrew.
Section 1, Be it enacted by the Senate and Souse, of Bep-
rcsentative$ of the State of Alabama in General Assembly ,
convened, That the claim of John Flood McGrew, as as- la"4
signee of Hardy Perry, under an act of the Congress of
the United States entitled " ah act for the relief of Bich-
ard Crevat, Hardy Perry and Bailey Chaney," approved
5th day of July, 1838, is hereby ratified and confirmed,
in and to the following land? to-wit: The South half of
Section twenty-four, containing three hundred and
twenty acres ; the North-East quarter of Section twenty-
four, one hundred and forty-six acres ; the South-East
quarter of the South-East quarter, Section thirteen, forty
acres—all in township eight, Bange two, West. Also,
the North-West Fractional quarter of Section thirty,
Township eight, Bange one, West, containing one hun¬
dred and thirty-four acres according to a patent certifi¬
cate issued by James Magoffin, Begister, and E. H. Gor-
1863.
158
Fut«nt. {n i^uo
Claim to land
ccnfirmwl.
Pa font fat i<isne
Claim to
confirmed.
Curtitlvitte"!
jgpue.
dj, Receiver; at, St. Stephens, ■ to representative of said
Hardy Perry, dated February 4,1840. • And the Com¬
missioner of Public Lands is hereby required to issue a
patent for the same to the heirs and representatives of
said John Flood McGrew, assignee of Hardy Perry.
Sec. 2. Be it further enacted., That the claim of the
said McGrew, as assignee of Richard Crevat, under the
said act of Congress is also recognized and confirmed in
and to the following land, to-wit : Fractional Section
twenty-seven, containing four hundred and sixty acres;
Fractional Section' twenty-eight, containing eighty-nine,
and fifty one hundredths of acres ; the East half of Norht
West quarter of Section twenty-four, containing eighty
acres, all in Township eight, Range two, West, according
to a patent certificate issued, by Jantes Hagofimfand E.
H. Gordv, Register and Receiver at St. Stephens, Ala¬
bama, dated 4th February, 1S40. And the Commissioner
of Public Lands is hereby authorized and required to
issue a patent for the same to the heirs and representa¬
tives of said Crevat. Prodded, that said patents shall
have the same legal effect as if this had been issued .upon
said certificates by the government of the United States
previous to the secession of this State, but shall only act
as against this State as a quit claim.
Seo. 3. Be it further enacted, That the claim of' the
lofition heirs and representatives of John Flood McGrew, as¬
signee of Bailey Chancy, to locate six hundred' and forty
acres of land in this State, under the said act of Con¬
gress, according to a certificate issued to said Bailey
Chancy, signed by James Magoffin and S. S. Houston,
BegiVer and Receiver at St.. Stephens, Alabama, dated
'Jth August, 1856, is hereby ratified and confirmed. And
it is-, and shall be the duty of the Register and Receiver
of the Land Office of the proper district, when the same
shall be located to issue to the heirs and representatives
of said Mr Grew, a certificate of such location or entry,
which shall be patented accordingly.
.Approved November 25,1863.
No. 214.] AN ACT
For the relief of the estate of G. Mazahge.
Section 1. Be it enacted by the Senate and House of Rep¬
resentatives of-the State of Alabama in General Assembly
159
1863.
convened, That the administrator of the estate of O. Ma- May S0ll cottoa
zange, deceased, is hereby authorized to cause .the cotton
belonging to said estate and purchased by said Mazange
previous to his death, to be transported to Mobile or
other convenient market, and there sell the same for cur¬
rent funds, including State and Confederate Treasury
.Notes and Bonds ; and may employ brokers and commis-,,ud enn»i»y
sion merchants for the purpose of hauling and disposing
of said cotton ; and the said bonds, notes, or other cur¬
rent funds, received in payment on such sales, shall lie
assets of the estate, and be accounted for as such by the As'ia:!l
administrator.
Approved December 8, 1863.
For the relief of Samuel A. Fitts, administrator of Wil-
'' . liam Fitts, deceased. >
Section 1. Be it enacted, by the Senate and Home of Rep¬
resentatives of the State of Alabama in General Assembly
convened, That Samuel A. Fitts, administrator of the es- Pdrtuarshi tcm
tate of William Fitts, deceased, be, and he is hereby au-timnd.
thorlzed to work the property of the estate of said Wil¬
liam Fitts, deceased, in partnership with James Fitts, on
the same terms, that said partnership existed during the
life time of said William Fitts, deceased ; Frovided that Limintiou
said Samuel Fitts, 'administrator as aforesaid, shall not
be authorized to work the said property as aforesaid,
beyOnd the lst'day of January, 1865.
Approved December 8,1863.
For the relief of tlnj heirs of Cornelia Steele, deceased.
- Section 1. Be it enacted by the Senate and Home of Rep¬
resentatives of the State <f Alabama in General Assembly
convened, That the Court of Probate fbr the county of-/udi!"
Monroe have authority to take jurisdiction of the admin- as,Juns Uwu
istration of the. estate of Cornelia Steele, decea^d, late
of the county of Butler, to grant letters of administtation*
No 215.1
AN ACT
No. 216.]
AN ACT
1863. 1§0
thereon, and to do and perforin 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 fully and effectually as if said decedent had been a
resident citizen of the said county of Monroe at the time
of her death.
Approved December 8, 1863.
No. 217.] AN ACT
For the relief of William M. Selden, Trustee.
Section 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly
Trust cbangod convened, That the trusteeship of William M. Selden,
^o^creene tu trustee of his wife Elizabeth Selden, and all the papers
connected therewith, be and is hereby removed from the
Chancery Court of the county of Greene, to .'the Chan¬
cery Court of the county of Marengo, and that the juris¬
diction of the Chancery Court of the county of Greene
over said trust be, and the same i3 hereby divested, and
the Chancery Court of the county of Marengo be, and is
hereby fully vested with jurisdiction over the same, pro-
proyiso vided the securities of the said William M. Seldfen, as
trustee as aforesaid, signify their assent in writing to such
removal.
Approved December 7,-1863.
No. 218.] AN ACT
For the.relief of A. S. Toler, administrator,, and Susan
J. Pool administratrix of R. R. Pool, deceased.
Section 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabamq, in General Assembly
convened, That A. S. Toler, administrator, and Susan J.
Pool, administratrix of the estate of R. R. Pool, deceased,
late of Perry county, Alabama, be and they are hereby
authorized for the space of three years to hire as many
negroes as may be necessary to cultivate the lands be¬
longing to said estate.
Approved December 8,1863.
161
1863.
No. 219.]
AN ACT
For tlie. relief of Berry Driver, of tlie county of Cham¬
bers.
Section 1. Be it enacted by the Senate and Hot se of Itep-
remmtatives of the. State of Alabama in General Assembly
eon netted, That the State of Alabama hereby release to t0
Berry Driver, of the county of Chambers, all right
which the State has to escheat the South-Bast quarter
of Section thirty-six in Township twenty-three and of
Range twenty-six, lying and being situate in the county
of Chambers* heretofore sold and deeded by Alexander,
Bell and Margaret Bell to said Berry Driver, the said
Alexander Bell and Margaret Bell being aliens.
Approved December 3, 1863.
To encourage and promote the manufacturing of Lubri
eating Oil.
Section 1. Be it enacted by the Senate and House of B< p-
rese.htativcs of the State of Alabama in General Assembly
convened, That John' Darby, of the county of Macon, and Darby anil Slial
James T. Shelton, of Mobile county, be allowed to manu- eoLT^i^imnu'
facture alcohol from grain, for the purpose of convertingual r«rpus«s-
rosin oil into a "lubricating oil for the use of railroads,
mills and factories, also an illuminating oil for making
ether, chloroform and fulminating mercury " for manu¬
facture of percussion caps," and common laboratory uses
in his own laboratory.
Sec. 2. Be it further enacted, That the said John Dar¬
by and James T. Shelton be required on oath to swear
that they will no.t make alcohol for any other purposes , l'tiquii'cd. ,
nor will they sell or'give it to others, that they also be
required to give a bond, with two securities, in the sum
of two thousand dollars, which shall be forfeited and
paid if the above permission is violated.
Approved December 7, 1863-
No. 220.]
AN ACT
21
1863.
Prorwa
No. 221.]
162
AN ACT
Commissioner,
may establish
works.
May sell in!t
To authorize'the Commissioners' Court of Clarke county
to make Salt, Ac.
Section 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly
convened, That the authority taken by the Commission¬
ers' Court of Clarke .county, in establishing county salt
works for the purpose of supplying the families of sol¬
diers and indigent families ot said county with salt, is
hereby legalized.
Sec. 2. Be it further enacted, That said Commission¬
ers' Court is herein authorized to sell enough of the salt
made at said Salt Works, at the usual market price at
the time when said sales may be made, without limita¬
tion or restriction, to pay for the costs, charges and ex¬
penses of carrying on said works, and to pay back to' the
county the funds expended by the Commissioners' Court
in its establishment ; Provided, that nothing in this act
shall be construed to authorize or conflict with the rights
of lessees of the State, or with the State salt works.
Approved November 27, 1863.
No. 222.] AN ACT
To repeal "an act to authorize Justices" of the Peace
to appoint Overseers of Roads- and for other purposes
in the county of Coosa."
Section 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly
?,T1#faot#f convened, That an act entitled " an act to authorize Jus¬
tices of the Peace to appoint overseers of roads and for
other purposes in the county of Coosa," approved 25th
February, 1860, be and the same is hereby repealed.
Approved November 19, 18G3.
No. 223.].
163
AN ACT
1863.
To repeal an act therein named relating to the county-
of Coffee.
Section 1. Be it enacted by the Senate and Home of Rep¬
resentative# of the State of Alabama in General Assembly
convened, That so much of an act entitled "an act to of *el °r
1 provide for the paying of grand and petit'jurors for the
county of Coffee," approved December 12,1853, as au¬
thorizes a county tax of four dollars upon suits decided
in the courts of said county, be and the same is hereby
repealed, and hereafter said tax shall be two dollars, and
no more.
Approved November 17, 1863.
No, 224.] AN ACT
To authorize I)r. J. S. Hays to erect a mill dam across
the Black Warrior river at the Hyche Shoals .in
Walker county.
Section 1. Beit enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly «r*.t >i«M
convened, That Dr. J. S. Hays, of Walker county, be and
he is hereby authorized to erect a mill dam not exceed¬
ing four feet high, across the Black Warrior river in
Walker county, at the Hyche Shoals in said river, any
law, custom or usage to the contrary notwithstanding.
Approved November 17, 1863.
No. 225.] AN ACT
To authorize. A. T. Kanady to erect a fish trap in a por¬
tion of the Coosa River.
Section 1. Be it enacted by the Senate and House of Rep-,
resenfative# of the State of Alabama in General Assembly May «r«ct trap#
convened, That / . T. Kanady, of the county of C'oosa,
be and he is hereby authorized to erect a fish trap or
traps in the Coosa river, between the mouth of Paint
Creek and Long Island-, on the east side of said river;
1863.
164
any law usage or custom to the contrary notwithstand-
v .. , , . ing* Provided, the navigation of said river for flat
boats shall not be obstructed thereby.
Approved November 17, 1863.
No. 226.] AN ACT
To abolish the office of Public Accounts in the county of
Mobile.
Section 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly
omce airshed convencd, That the office of Auditor of public accounts
in the county of Mobile, created by an act approved 9th
day of February, 1852, be and the same is hereby .abol¬
ished from and after the first Monday of August, 1864.
SEC. 2. Be it further enacted, That the present in-
inc'umbfiit. con- cumbcnt may continue in office until the expiration of
tnmcs presen£ term, the first day of August, 1864.
Sec. 3. Be it further enacted, That all laws contraven-
Rcpeai v ing the provisions of this act, be and the same are here¬
by repealed.
.Approved November 17, 1863.
No. 227.] ' AN ACT
To authorize Franklin C. Pinkston to erect agate across
the " Ray Road" in Montgomery county.
Section 1. Be it ena< ted by the Senate and House of Rep-
■ resent a tives of the State of Alabama in General Assembly
May crcei pato_ convened, That. Franklin C. Pinkston, of the county of
Montgomery be, and he is hereby authorized to erect a
gate'across the "Ray Road," in Montgomery county;
where said road runs through his land.
Approved November 25, 1863.
165
1863.
•No. 228.] AN ACT
To repeal an act entitled " An Act to regulate the num¬
ber of Grand Jurors in the county of Marion."
Section 1. Be it enacted by the Senate and House of Bep-
resentativejt of the. .State, of Alabama In General Assembly
convened, That an act entitled "An Act to regulate the ^al'f i,ct nf
number of grand jurors in the county of Marion," ap- .
proved February 2d, 1856, be and the same is hereby
repealed.
Approved November 17, 1863.
No. 221).] AN ACT
: \
To authorize John S. Moragne and R.ufus R. Rhea to
build abridge across liig Wills' Creek.
section 1. Be it enacted by the Senate and, House, of Brp-
resentatives of the State of Alabama, in General Assembly
convened,, That John s. Moragne and Rufus B. Rhea are !,y'r'1"
hereby authorized to erect a toll bridge across Big Wills'
Creek, at the said J. S. Moragne's mills, on said creek,
inDeKalb county, or at or near the old Hampton ford, asHowhew
they may determine. They are to hold and own the same
as tenants in common to themselves, their heirs and as¬
signs, and are authorized [to demand and receive from
persons crossing on said bridge such toll as the Court ofRm,,v,>t0n
County Commissioners of DeKalb county may.from time
to time assess ; Provided, however, this grant, shall not
preclude the building of a free public bridge across said miso
creek, at any time and within any distance of said bridge.
Approved November 25,1863.
No. 230.] AN ACT
To repeal an act therein named.
*
Section 1. Be it enacted by the Senate and Hoiise of Bep-
resentatives of the State of Alabama in General Assembly Aet of.
convened, That the act entitled "an act to authorize
Justices of the Feace to appoint apportioned of roads
1863. 166
in Pickens county, and for other purposes/' approved
February 15, 1860, be and the same is hereby repealed.
Sec. 2. Be it further enacted, That all the provisions
cod« inform of chapter 14, article 1, of the Code upon the subject of
public roads, which were repealed by the act aforesaid,
be and the same are hereby revived and restored to full
force and effect in the county of Pickens.
Approved November 17, 1863.
No. 231.] AN ACT
Tp regulate the number and pay of Grand and Petit
Jurors in the county of Walker.
Section 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama, in General Assembly
fintmj jurv oi' convened, That from and after-the passage of this act
ihteen. drani jnry in the county of Walker shall consist of
fifteen, and no more. Also there shall be but one Petit
one etit ur ^U1T twelve, with th© right of the Sheriff to fill all
nope jury vacanciea whicli may occur in said Jury', and he may, if
necessary, einpannel another Jury from the bystanders
present.
Sec. 2. Be it further enacted, That the aforesaid ju-
ray find miio.igo rors shall be entitled to two dollars and fifty cents per
day and five cents per mile going to and returning from
the court house on the most direct route of travel, out
of any money in the county treasury not otherwise np'
propriated. 1
Sec. 3. Be it further enacted, That all laws and parts ■
Repeal of laws contravening the provisions of this act, be and
the same are hereby repealed.
Approved November 27, 1863.
No. 232.] AN ACT
To repeal a certain local act for Cherokee county, therej
in named.
i «
♦
Section ' 1. Be it enacted by the Senate and House of Rep-
Afit;or lsei ro_ resentatives of the State of Alabama in General'Assembly
ixwicd. convened, That Act No. 201; of the regular session of the
167 J863i
General Assembly ip 1861, entitled "An Act to author-
ize the Commissioners' Court of Cherokee .to levy a spe¬
cial tax, Ac.," approved December 7th, 1861, be and'the
same is hereby repealed.
Approved November 27,1863.
No. 233.] AN ACT
Authorizing the Commissioners' Court of Dale county to
pay a certain claim.
• Section 1. Be it enacted by the Senate and House t>f .Rep¬
resentatives of the State of Alalia in a in General Assembly
convened, That the, County Commissioners of Dale county ,,ay p00tor
are hereby authorized to pa)* Dr. James Bottoms suchBoUumii
compensation as.they may deem proper for services ren¬
dered to the indigent families of Dale county, afflicted
with small pox, out of any county funds not otherwise
appropriated.
Sec. 2. Be it further enacted, That in the event of
there being no surplus fund in the county treasury, the 1#vy ux of
Commissioners' Court shall be, and they are hereby au-tB"»hur oout-
thorized and empowered to levy and have collected a tax
not exceedipg ten per cent, on the State tax for the pay¬
ment of said claim, when clearly established to the satis¬
faction of said Commissioners' Court.
Sec. 3. Beit further enacted, That all laws and parts ofR0peai.
lawTs militating against this act be and the same are here¬
by repealed.
Approved-November 27, 1863.
No. 234.]. AN ACT
To amond Sections 430, 431 and 432 of the Code, as to
Shelby county.
Section 1. Be it enacted by the Sena te and House of Rep¬
resentatives of the State of Ah dm ma in General Assembly
convened, That Sections 430, 431 and 432 of the Code of {J1"
Alabama be amended as to Shelby county, that from *<-••
and after the passage of this act, the tax assessors for
•aid county shall give notice by advertisement, posted-
1863.
168
Notice required UP tlire6 'or more public places in each precinct, of
the time and place 01 meeting the tax payers of said
beats at least, ten days before the time of meeting them.
Sfic. 2. Be it f urther enacted, That the assessor shall
Assassor toimmt meet the tax payers of each precinct in said county at
twice, kc , . i i • i iiii-i i
least twice, and his last meeting shall be at least ten days
before the. 1st day of July.
-Sec. 3. Be it further enacted, That each tax payer who
on imiuio ot tax shall fail to meet said assessor and furnish him \vith a
aoabiJui list of his laxable property and effects, or in some other'
way furnish said assessor with such list by the 1st day.
of July, shall be double taxed.
Sec. 4. Be it further enacted, That the tax assessor
Uliik# shall as soon after the 1st day of July, as may be, from
the best information within his reach, assess double tax
upon eaeli tax payer avIio shall have failed to furnish a"
list of his taxable property, as by this act required ; Pro-
ri.iMso vided the tax payer is not a soldier or the widow of a
soldier.
Sec. 5. Be it further enacted, Thiit if in any case a tax
Comuusaiwierg' Payer w^° may have been double taxed, who shall have
court imay remit a good excuse for having failed to furnish to the assessor
on good «xous« a as herein required, to be determined of by the
Commissioners' Court, may by the -first Monday of Sep¬
tember, after such assessment, submit his excuse to said
Commissioners' Court, and if said excuse be deemed by
said court sufficient, said court may remit the excess so
assessed, and make the proper allovyance.
Approved November 28, 1863.
No. 235.] AN ACT
To authorize the formation of volunteer companies m
the first, second and third Congressional Districts.
Section 1. Be it enacted by the Senate and Home of Bep-
resentatives of the State of Alabama in General Assembly
luThoriy,.'j'ifv" oonvened, That the persons composing class number one,
form cewyuuiwi as defined in the third section of an act entitled " am act
to reorganize the Militia of the State of Alabama, ap¬
proved 29th of August, 1863, residing in the first, second,
and third Congressional Districts, and who are by the
provisions of said act exempt from the. operations of
said act, be and said persons are* hereby authorized to
lorm themselves into one w' wore companies, in their
respective counties \ such, companies to be composed of
not less than thirty nor more than sixty rank and file,
and entitled to the commissioned officios now allowed
by the provisions of said act.
Sec. 2. Be it further enacted^, That upon the formation
Of such companies they shall organize by the election 1>rtlim mA ap
of the commissioned officers to which the Company may ol'
be entitled, and the appointment of non-commissioned vffl"'rh'
officers as follows; If the company shall number forty
or tnore, tbere shall be tour sergeants and ibur coi poi als,
if less than forty, three sergeants and three corporals.
And such company shall return a muster foil of the Mu lt,.r r„n
same to1 the county commandant or special aid tor said
county, together with a statement of the number and de¬
scription of such arms as the company can lurnish, a
copy of which roll and statement shall be forwarded to t))1)ttSl.llttll
the Governor by such county commandant or special aid. cwwriur.
Sec. 3. Be it further enacted, That when ever smh com¬
panies have been forwarded ynd reported as proviiledr((tnl)aui(,,.HMl).
by the preceding sections of this act* sin h company or j^to ,nilltli
companies shall be subject to the provisions of the act to dVN
re-organize the militia, which are applicable to the liist
class, or county reserves, defined by said act, and shell
be entitled to receive arms and ammunition, as provided
by said act i Provided, such companies shall not be re |.roviao
quired to discharge any militia duty beyond the limils
of the county in which such companies are organized.
Sec. 4. Be it further enacted, That if in any one coun¬
ty there shall be organized as many as three companiesB.tt.i]ilJUS,01in,d
mider the provision of this: act, suoh
form themselves into a battalion, for county service, and
elect such officers as are required for a battalion b\ the
laws of this State.
Approved December 4, 1863.
No. 236.] Atf ACT
To liable the treasurer of the county of Calhoun to pay
sufplus funds in his hands to purposes therein named.
Section 1. Be it enacted, hj the Senate and.House of Bvp-
resentatives of the State of Alabama, in General Assembly
convened, That from and" after the passage of this act, all
22
'1863.'
170
mes &c. to surplus funds in the hands of the treasurer of the county
credit or county of Calhoun, now and hereafter arising from fines and for-
nn'' feitures in the Circuit'Courts thereof, he passed ovei to
the credit of all ordinary county claims.
Approved December 3, 1863.
No. 237.] • AN ACT
To divide the county of Tuscaloosa into four Commission¬
ers1 Districts.
Section 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly
^commissioners' convened,That the Court of County Commissioners for
districts fjjg county of Tuscaloosa, shall at their first regular.meet¬
ing-, in the year 1S64, or as soon thereafter as practica¬
ble, divide the said county into four Commissioners' Dis
tricts, to be numbered from one to four.
Sec. 2. Be it further enacted, That in all elections for
iioaion tor each Cougly Commissioners in said count}, after the same has
district been so divided into districts, there shall be a commis¬
sioner chosen for each district, who shall leside in the
district for which he is chosen, but to be elected by a
general vote of tlie county. The candidate for each dis¬
trict receiving the highest vote in the county, shall be
Proviso the commissioner for such district : Provided, that noth¬
ing in this act shall he so construed as to prevent any
commissioner now in office, from holding the office dur¬
ing the time lor which he was elected, and that all laws
conflicting with this act be, and the same are repealed.
Approved December 3, 1863.
No. 238.] AN ACT
For the establishment of an additional Ferry on the Ala¬
bama River, near the city of Montgomery.
Section 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly
parsons autheriz- convened, That James Porter, Boiling Hall, A. L. Clapp,
establish ^ Clapp, and their assigns be, and they are here¬
by authorized to establish a public, feiry on the Alabama
171
1863.
river, near the city of Montgomery, at some point above
the Fair Grounds, and within one-fourth of a mile of the
steam saw-mill of W. S. Pierce & Co.
Sec. ii. Be it further enacted, That said ferry be estab¬
lished and kept up, upon and under the same, terms and cbd« applicable
conditions as are, prescribed in Article 3, Chapter 14,
Title 13, and part First, of the Code of Alabama, except,
that the license hereby granted to establish said ferry
may be revoked or repealed by the General Assembly of li»bi« to repeal
this State at any future session thereof.
Approved December 3,1*463.
To repeal an act to compensate Jurors and Witnesses in
Monioe county, approved January 5th, 1848.
Section 1. Be if enacted, by the Senate ami House of Rep¬
resentatives of the Stale if Alabama in General Assembly oflS4Rn>
convened, That an aft entitled "An Act to compensate p^m.
jurors and witnesses In Monroe county," approved Jan¬
uary 5th, 1848, be, and the same is hereby repealed:
Provided, that the county treasurer of said county of
Monroe shall attend at each and every term of the Cir-proviso
ouit Court for said county,, for the purpose of paying off
such jurors and witnesses as may be entitled to be paid
at each term of said court.
Approved December 4,1863.
To 'authorize the Court of Cpunty Commissioners of
Walker county to levy a tax for county purposes.
Section 1. Be if enacted, by the. Senate a nd, House of Rep¬
resentatives of the. State of Alabama, in General, Assembly
(xmyemtd, That the Commissioners of Boads and Bevenue *r taxation
in tne county of Walker shall have no power, to levy
more than.one hundred per cent, on the State tax for
county purposes in one year, any law to the poji+rary
notwithstanding.
Approyed December 3,1863,
No. 239.1
AN ACT
No. 240.]
AN ACT .
1863.
172
No. 241.] AN ACT
To requisite the election of Commissioners of Roads and
Revenue in the county of Marion.
Section 1. Be it enacted by the Senate and IIvise of Bep~
resent*dives of the State of Alabama in General Assembly
<'°m" (,onv* ned, That hereafter in all elections for commission¬
ers of Roads and Revenue in the county of Marion, it
■ shall he the duty of the Sheriff of said county to hold
an election in each commissioners' district of said county,
lor the purpose of electing one commissioner for said
county in each of said districts,
rotem district ^BC. 2. Be it, further enacted, That in the .elections
above specified, nq person shall be entitled to vote out
of the district of his residence.
Terms Sec. 3. Be if further enacted, That said commissioners
shall hold their terms of office as now prescribed by law,
Hud shall have power, and it is their duty acting as a
Vjicuncy how nmr£ with the Probate Judge, to fill all vacancies in the
court by appointment, from the district in which the
retiring commissioner lived when tbe vacancy occurred,
im iiHibcuts con- Sec/4. Be it further enacted, That nothing in this act
shall be so construed us to prevent the present incum¬
bents from serving out the term for which they were'
elected.
Approved December 3, 1803.
No. 242.] AN ACT
To repeal a local law therein named in Jefferson county.
Section 1. Be it enacted by the Senate and House of Rep-
Act «r i85i ma re8f*nt°tives of the State of Alabama in General Assembly
amendment r"' convened, That from and after the passage of this act, an
pcaM. act entitled u'An Act to regulate the sale of spirituous
liquors in the town of Elyton/' approved 16th De§om-
her, 1851, and the amendment thereto, be and the sarqe
are hereby repealed.
Approved December 4, I860.
173
1863.
No. 243.3
AN ACT
To amend an act entitled " An Act to render more effi¬
cient the system of Public Schools in the State of Ala¬
bama, so far as relates to Sumter county."
I
Section 1. Be it enacted by the Senate and Home of Rep¬
resentatives of the State of Alabama in General Assembly T#liehPrg rtrilw
con vened,¥That hereafter all teachers in Sumter county Pr»rota.
who have been examined by the county superintendent
of public schools of the county, and been duly licensed
by such superintendent to teach a public school, shall be
entitled to draw and receive a proportionate part of the
school fund of the township in which any person so li¬
censed shall teach, any law or usage to the contrary not¬
withstanding.
Approved December 8,1863,
To authorize Richard T. Starr and other persons therein
named to marry.
Section 1. Be it enacted by the Senate and Home of Rep¬
resentatives of the State of Alabama in General Assembly Btarr
convened, That Richard T. Starr, whose wife has obtain¬
ed a divorce from him, be and he is hereby authorized to
"marry, as if he had never before been married. \
Sec. 2. Be it further enacted, That all the provisions of Te4d T8fi(J
this act be extended, and shall apply to Jesse B. Todd "*
and Mary Todd, of Chambers county.
Approved December 8,1863.
To amend the charter of the city of Selma.
/ .
.Section 1. Be it enacted by the Senate and House of Rep-'
resentatives of the State of Alabama in General Assembly
convened, That section 6 of the charter of the city ofgjwjfXrfwd
Selma, approved February 9, 1852, be and the same is «h*rg* wh*rf»g«
hereby so amended aft to insert in said^ section as part
No 244.]
AN ACT
No. 245.]
AN ACT
1863.
174
thereof, and immediately after the sentence " to' regulate
the stationary, moorage and* anchorage of steamboats
and other boats and crafts within their jurisdiction,1' the
following* words: 14 to establish a city wharf, on any
lands belonging to said city, and to'charge such wharf¬
age on goods and freights landed thereat as the city
council may, by its bchedule of rates establish, to be
collected out, of' the owner or consignee of said goods
and freights: Provided, that such schedule of rates for
wharfage shall not exceed those that are or may be es¬
tablished at other places upon the river.
Approved November 25, 1863.
No. 246.] AN ACT
To amend the charter of the city of Huntsville.
Section 1. Be it enaded by the Senate and Hornf of Rep-
'ieucnlatives of tJie Stah of Alabama in General Assembly
May prohibit sale convened, That daring the existence of the present war
&B.,©rliquers. een ^he Confederate States and the United States,
the mayor and aldermen of the city of Huntsville bhall
have power to prohibit the introduction into the corpo¬
rate limits of said ci(y of spirituous liquors, and to pro¬
hibit the sale of spirituous liquors within .said corporate
limits, and within one'inile of said corporate limits.
Approved November 19, 1863.
No. 247.] AN ACT
To grant further powers to the corporate authorities of
the city of Mobile.
Section 1. Be U enacted by the Senate and Home of Rep¬
resentatives of the State of Alabama, in General Assembly
convened, That the existing laws upon the subject" of the
thcriBod business tax of persons doing business in the fcity of Mo¬
bile be so amended as to enable the corporate authori¬
ties of said city to assess and collect from all persons
trading or carrying on guy business, trade or profession
within the limits of said city (mechanics carrying on their
trades, or journeyman work excepted), a "license
175
186s:
whfcli shall be assessed in three grades ; the amount of
the license tax of the first grade shall not exceed one
hundred dollars * the amount of the second grade shall Amoimt (>f tas
not exceed fifty doll sirs ; the amount of the third grade
shall not exceed twenty-five dollars. The amount of said
license taxes shall be fixed by ordinance from Lime to
time as may be deemed necessary; and when lesser rates
are assessed, the amount of the several grades shall bear
the same.proportion to each other as the above.
Sec. 2. Be it further enacted, That all laws or parts-
of laws conflicting writh the provisions of this act, be sndKoi"Ml
the same are hereby repealed.
Approved "December 4,1863.
To repeal "An Act to amend the Chaiteis of the towns
of Marion, in Poiry county, and Montev alio, m Shelby
county."
Section 1. Be it enacted by the Senate and House of Bep-
resenlatives of the State of Alabama in General Assembly
convened, That an act to amend the charters of the
towns of Marion, in Perry county, and Montevallo, in ut' aa ot'
Shelby county, approved December 10th, 1861, be, and
the same is hereby repealed.
Approved December 8, 1863.
To aineiid "An Act to incorporate the city of Mont¬
gomery."
. Section 1. Be it enacted by the Senate and House of Ben-
reseniatives of the State of Alabama in General Assembly
convened, That the corporate limits of the city of Mont- Detlu(1, UlfllU
gomery^P* heretofore defined, be and are hereby so ex¬
tended afiwo embrace the following additional metes and
bounds, to-wit: The Past half of the South-East quarter
of fractional section eleven, h»a uwhip sixteen, range sev¬
enteen ; commencing again at the South-West corner of
fractional section twelve, thence East on the section line
to a point where the West line of Holt, street, produced,
No. 248.]
AN ACT
No. 249.]
AN ACT
would intersect said section Hue 5 thenco direct to Ihe
centre of section thirteen, township sixteen, range sev¬
enteen ; thence South four hundred and sixty feet;
thence East six thousand and forty feet; thence North*
two thousand five hundred feet ; thence East eight hun¬
dred and sixty feet ; thence North to the North line of
section seven, township sixteen, range eighteen ; thence
West on said line to a point where the East hue of De¬
catur street, produced, would intersect said section line ;
thence North six hundred and sixty feet; thence West
to the Alabama river.
Sec. 2. Be it further enacted, That ihe City Council of
Clung# of wards Montgomery shall have pov er to change, remodel, or in¬
crease the number of the Wards of the city, as they may
deem fit.
Sec. 3. Be it further enacted, That all laws or parts of
lupsdi ' laws, in anywise conflicting with the provisions of this
act, be, and the same are liereby repealed.
Approved December 7, 1863.
No 250.] AN ACT
Amendatory of an act to incoiporate the city ol Mont¬
gomery, approved December 23, 1837.
Section 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly
Taxconvened, That "an act to incorporate the city of Mont¬
gomery," approved December 23d, 1837, be, and the
same is hereby so amended as to empower the city
council of Montgomery to impose ,a tax on every cart,
dray, wagon and other vehicle used for the transporta¬
tion of goods and commodities irom one part of said
city to another, for hire, a tax not exceeding twenty-five
dollars where one or two horses are used in hauling the
same, and not oxceeding fifty dollars where four horses
Hawbi are used ; on hacks, fifty dollars, on omnibusses drawn
by four horses, one hundred and fifty dollars ; on omni-
Oiiiiiibna buses drawn by twu borsos, seventy-five dollars; 011
MarehaMiz-s every vender ot goods, wares and merchandise, drugs
and medicines, or either of them, fifty dollars per annum;
Aucttwuors on auctioneers, a tax not exceeding one hundred dollars
stauie* per annum ; for each livery or sale stable, one hundred
inanrau'ea oak*.* dollars ; insurance offices, foreign or otherwise, one hun-
xegro tratioru dred dollars; negro traders or brokers, two hundred dol-
177 1863.
'lars; hotels, one hundfed dollars; theatres, shows, or™, . .
other exhibitions, ten dollars for each exhibition ;• lec- ea res' c"
tares, when an admission fee is charged, except for Char- Lectur°8
itable or benevolent purposes, ten dollars ;4circuses forcing
each performance, forty dollars ; restaurants, fifty dollars; u^tau.aut
concert's, for profits, ten dollars each; warehouses forWim0l(iu e.
storage of cotton, two hundred dollars ; companies for
the manufacture of gas, two hundred dollars ; on licen-0'^
sed day laborers, twenty dollars per annum ; on w usher ^"hulttouicu
women, ten dollars per annum; on barbers, twenty dol-^1^
lars per annum.
Approved December 3, 1863.
No. 251.] AN ACT
1
To amend " An Act to repeal an act imposing restric
tions on tbe City Council of Montgomery, and for
other purposes," approved 13th January, lSffb
Section 1. Be it enacted, by the Senate and Holme of Iicp-
renentativen of the State of Alabama in General Annembly
convened, That "An Act to repeal an act imposing re- ^
strietious upon the City Council of the city of Mont
gomery, and for other purposes," be, and the same u-
hereby amended, so that the City Council of Muntgom
ery shall, from and after the passage of this act, have
full power to collect, demand and receive of and from
the owners, or consignees,, of all goods which shall be
landed on or shipped from the Montgomery city wharf
or wharves, landing or landings, such wharfage as said
Council shall, from time to time, deem necessary, not ex¬
ceeding the following rates, to-wit: For each bale of cot- <vtton ami <>tuor
ton, sixteen cento; for each barrel, ten cents ; for euclimm' ttn,1'u
sack of coffee, salt or grain, six cents ; for each hogshead
or pipe, forty cents ; for each hundred weight of iron or
other metal, five cents ; for all boxes, packages and mer¬
chandize, by measurement, two cents per square foot:
for each buggy or sulky, one dollar and fifty cents ; for
each carry^re, two dollars ; for each thousand feet of
lumber. ojTflollar ; for each horse or cow, twenty cents; stock
for each sfftep or hog, five cents ; for all steamboats, un-a)atg
less unavoidably detained, not exceeding ten dollars per\
day, and all barges or flatboats two dollars per day, each
day they shall remain at said wharves of landings.
Approved December 3,1863.
23
1863.
178
No. 252.] AN ACT.
To attach the road leading from the eastern boundary of
Adams street, in the city of Montgomery, to the Line
Creek road..
Section 1. Be it enacted by the Senate and Hovse of Rep¬
resentatives of the State of Alabama in General Assembly
Road preemct convened, That the road leading from the eastern terrni-
• nus of Adams street, in the city of Montgomery, to the in¬
tersection of the Line Creek road in precinct No. 1, shall
be, and hereby is attached to and forms a part of precinct
No. 1, of the Line Creek road in Montgomery county,
and that the overseer of said precinct No. 1, shall be re¬
quired to work npon and keep the same in the same re¬
pair and order he is required to do of precinct No. 1, of
the Line Creek road, and be subject to the same penal¬
ties lor neglect, omission or default in keeping the Hame
in proper repair. ,
Approved November 27, 1863.
No. 253.] AN ACT
To amend "An Act to incorporate the Girard Railroad
Company," approved 21st January, 1846.
Section 1. Be it enacted by the Senate and House if liep-
resentatives of the State of Alabama in General Assembly
umsudttd convened, That Section 16 of an act to incorporate the
Girard Railroad Company be so amended that all after
the word "Provided," where it occurs in said section, he
and the same is hereby repealed. Provided, that this act
Proviso remain in force "Until the ratification of a treaty of peace
between the Confederate States'and Understates, and
no longer.
Approved December 4; 1863.
179 18G3.
No, ?54.] AN ACT
A
To authorize the construction of a Branch Rail Road
therein named.
Section 1. Be it enacted by the Senate, and Home of Bcp-
resenta fives of the State of Alabama in General Assembly
convened, That the Alabama and Tennessee River Rail- |^»ch author in¬
road Company, a body corporate of this State, be and
they are hereby authorized and empowered to construct
a branch railroad from their present railroad, from such
point and in such direction as the board of directors of
said company may deem best for the development of
the mineral coal m the vicinity of their railroad; and
said branch railroad may be so located and constructed
as to connect with any other railroad or roadR author- W,'F
ized b^ any law of this State ; and in the location and
construction of said branch railroad: and in operating
the same completed in whole or in part, all the powers
and privileges granted to said company by their existing p™0™
charter, original and amended, shall be applicable to and
vested in said branch railroad to the full extent as if the
same was fully re-enacted in this act, so far1 as the same
may be pertiuant, subject to the stipulations, and pro¬
visions hereinafter specified. Provided, that this branch Pmrm
road shall commence at or near Ashby Station, on the
Alabama and Tennessee River Railroad, aiid shall terniin-Tmnmi
ate at or South of Elytonjin Jefferson county. And pro¬
vided further, that it shall not cross the Tennessee andProv,,,f>
Alabama Central Railroad.
Sec. 2. Beit further enacted, That the said branch
Railroad may be constructed by the said railroad com- yRy construct
pany alone, or in connection with such persons as may ^7!^ *lth
subscribe for stock as hereinafter provided,'^expressly
for the construction of said branch railroad.
Sec. 3. Be it farther enacted, That the board of direc¬
tors of said company shall have power to open hooks of. t .
, . 1 • • I- i »j. j Subscription for
subscription and receive subscriptions on such'terms and sto«K.
conditions ps they may prescribe, not inconsistent with
this act, ahd for such amount as the said board may
deem proper, to be used exclusively in the construction
and equipment of said branchy railroad. Accurate ac- Amonnt f
count shall be kept of the cost of the construction and&<-.
equipment of said branch railroad, which may be kept
separate and apart from the> present stock of said com¬
pany or to be merged in said stock according to the
1863.
18Q
stipulations to be set forth in the subscriptions author¬
ized as aforesaid. If the stipulations in the subscrip¬
tions shall so provide, the subscribers shall receive < er-
CprtillCMto.' tificat^s of stock in the said company for the amounts
which may be subscribed and paid similar to the certifi¬
cates issued to the original stockholders of said com¬
pany ; or they may receive special eertificab'S, making
them interested to the amount of the certificates respec¬
tively, alone in the stock which may be created for the
construction and equipment of the said branch railroad;
and in the latter ease, the said branch railroad shall be
owned pro-htta by said company and the persons who
may subscribe and pay for its construction and equip¬
ment, in proportion to the amounts which may be paiil;
stock not imbic uni^ 111 ^is case, the stock of the subscribers lor the said
for debtsot com-branch road shall not be liable for any debt, contract or
pa": ''' obligation of said company now existing, or hereafter to
be created, except such debt or obligation as may be cre¬
ated or incurred for, or on acc< mnt of said branch road,
with which a special account shall be kept and stated
from year to year, setting forth its earnings and expenses.
Sec. 4. Be it further enacted, That in case the stock
.-pwi.ii Rn.ud or? which niay be created for the construction and equip-
Duwtoir xnent of said branch railroad, shall be separated from the
general stock of said company as authorized, the said
branch railroad my \ be placed under the management of
a special board of directors, to consist of such a mlmher
as may be determined by said company or their board of
directors, part of wbont shall be chosen by the said com¬
pany or tlieh board of directors, and part by the indi¬
vidual stockholders in said branch road, the party own¬
ing the majorily of the stock to chose the majority of the
directors, the mnjorit} to correspond us nearly as prac¬
ticable, with the amount of itock owned ; the directors
of the said branch road to ha\e the power to pass such
By laws and by-laws and regulations, and to appoint such officers as
officrs. they may deem necessary aq,d proper for the manage¬
ment of their business.
Sec. 5. Be it further enacted, That in the event of the,
wo.* may ne creation of separate stock for the construction ftnd_ equip-
consolidated. ment; 0f gap;[ jbranoh road as above provided, it shall at
any time thereafter be competent for said company and
the majority in interest of the individual stockholders of
the st< >ek which may be created for the construction and
equipment of Baid branch road, to consolidate^ said sepa¬
rate stock with, and merge it in the general stock of said
181
18631
company, on such terms and conditions asbnay be agreed
on.
Sec. 6. Be it further enacted, That neither the passage
of thi s act, or. anything herein contained, shall be so con-Nottt(rspp(llftnr
strued, either in whole or in part, to repeal the eleventh
and twelfth scrtions of an act entitled "An Act to loan
and appropriate the three per cent, fund and its interest,1'
approved February 18th, 1860, or in any wise release the Nm, r„,
said Alabama and Tennessee Elver Eailroad Company p«n\ from
from any obligation in said sections, imposed on said*10"
company, but the said company are hereby bound in all
things, to a faithful compliance with said obligations, to
extend the said railroad from Jacksonville to Gadsden,
according to the terms, stipulations and agreements in
said sections above mentioned.
Approved December 8,1863,
No, 255.] AN ACT
Authorizing the Montgomery Mining and Manufacturing
Company to construct railways to and from the diffcr-
Hit portions of their works.
Section 1. Be. it enacted In/ the Senate ami Haune of Rep
rente ntatives of the State of Alabama, in General Ansembhj
convened,, That the Montgomery Mining and Manufactur- Authorized to
ing Company, whose mines are located in Ta11ad< ga count ^",1"" rni
ty, he and are hereby authorized and empowered to lo¬
cate, construct and complete, and use and occupy, a rail¬
road from their mines in said county, to their sulphur
wprks, and from thence connecting with their roj peras,
copper and other works.
Sec. 2. Be it further enacted,, That said company he,
and is hereby authorized to locate said road upon any K'aUtofway
lands through which it may.be necessary for the same to'
pass, paying the owners of such lands a reasonable com compensation
pensation theretoi, and if said company cannot agree with
the owner or owners of the lands as to^theVprice of the
same, then"upon application of said company, it shall he
the duty of the clerk of the Circuit Court of Talladega
county to issue a writ of ad </uod damnum, commanding Wrjt of ffi<f ^
the sheriff to summon a jury of five good and lawful men damnim.
to appear upon said land on some specified day, within
two weeks from the date of the issuance of the writ, to*
1803.
182'
Prohibition
make true inquest of the damages sustained by tbe own¬
er or owners of said land, by reason of tbe taking of such
land for tbe use of said road, and tbe sheriff is authoriz¬
ed to administer ari oath to said jurors, to well and truly
tur^od wl>P" rc 'as to said damages, and tbe verdict of said jury
"rBP shall be returned to the office of the clerk of the Circuit
Court aforesaid, there to be filed among the records, and
shall vest in said company the right to use such lands for
i he purposes of said railroad, upon payment or the ten¬
der of payment of the damages so ass< sscil by the jury
aforesaid, against said company.
Sec. 3. he it further enacted, That nothing herein con¬
tained, shall he so construed as to authorize said compa¬
ny to locate said road, on cr through any land which is
occupied by any dwelling house, or the yards and gar¬
dens thereto attached, or thiough that occupied by any
stable, gin-house or other building, without the consent
of the owner thereof, first liad and obtained.
Sec. 4. Be it further enacted, That in all cases where
either party may be dissatisfied wilh the verdict of the
jury assessing the damages sustained by reason of taking
land for the use of said ro id. as provided for in the se¬
cond section of this act, said party so dissatisfied, wheth¬
er the said company or the owner of the land condemn
ed, may i ppealto the Circuit Court of Talladega county
at any lime within three months thereafter, and have the
same tried dc novo, at the lirst tsrm of the court, on an
issue made up under 111* direction of the same, audit,
shall be si fii -lenl to authorize the clerk to place said
cause on the d >cket, and t > bring either party into court,
that 1 lis adversary has had him served by the sheriff of
said county with"at least twenty days uotice in writing,
of saiil ppcal.
-Approved Poroi il cr 8,1863,
Ajippal fioni i
flict to Circuit
Court.
Trial
nncketiiif,
Nntwo of
No. 256.) AN#ACT
To incorporate the (Vi.lnl City Insurance C< mpanv.
Section 1. Be it enacted by the Senate and House of Br/**
rescntaNves of the State of Alabama in General Assembly
Corporators convened, That C. E. Thames, A. S. Huntington, W. S.
Kndx, J. E. Prestridge, W. M. Smith and W. M. Byrd
and such others as, may hereafter be associated with
183'
1863.
them, and their successors are hereby declared and cre¬
ated a body politic and corporate, by the name of The
Central City Insurance Company, and by that n ime .shallN-tme
be capable of sueing and being su< d in un^ of the courts
of law and equity in this State as a natural person.
They shall have power to purybnso, h< Id and enjoy real
and personal estate of any description whatever, an 1 Pmms
may dispose of the same at plensuie, and shall have pow¬
er, generally, to do and perform any and t vuy in t neees
sary to be done to carry into effect the objects of thic
charter, not inconsistt nt with the Uws and <. institution
of this State and the .Confederate States. They in ay
have and use a common seal, and may alter the seme at
pleasure.
Sec. kl. Be it faether enacted, That the capital stm k of ,
said company shall not he less than tilty tlions md <1 >1 L" dll>tuUt
lars, the whole of which shall be paid in at the time of
subscril ing, and shall be divided into slimes of on hnn
drepl dollars e«Vh; and the B >ard of Directors may, at
any time after the organization of said company, in
crease the capital stock of the company to three hun
dred thousand dollars, at their discretion, under such re¬
gulations as they may think best to adopt.
. Sec. 3. Beit further eurated, That the othce oi tlie()ffii.(>
company shall be in the city of Selrna, county < f Dallas.
The book of subscription shall 1 e opened in the city ot
Selma at any time prior to the first .day of Alan h next (
and at such place in said city aw i majority of the [ c i '
sons named in the first section of this act may deter
mine, and shall be kept open until the sum of fifty thou¬
sand dollars shall be subscribed and p; id in; and the
persons aforesaid, or a majority of them, shall, us soon as
the sum of fifty thousand dollars has been subscribed
and paid in, call a meeting of the stockholders who shall
proceed to the election of not loss tlum tliieo Imd notcooiouorei-
more than seven directors, as may be determined upnu™;'t^'ts and Prti
by them; and said Board of Directors slcdl pro rt d Li
elect one of their own body president, and lire said
president and directors shall have full power and au¬
thority to appoint and remove at pleasure all officers and Puu. u, ^ a
agents of said corporation; to fix their compensation;
prescribe their duties^, and provide for taking of bonds
of officers for the protection and security of said<orpo-
xation ; they shall have power to'fill all vacancies which
ma/y occur iq theii own body of any unexpired term;
shall appoint a president pio tern., if necessary, in the
1863.
*184
absence of the president; and said directors shall have
fall power to remove- from office the president and elect
another in his place, if they shall think proper to do so.
Sec. 4. Be it further enacted, That the directors shall
uuttumi uittoiwu be elected by the stockholders, and the president by the
f<»riiir#ctur», &<-jdirectors from among their town number, and when elect¬
ed shall hold their office one year from date of such elec¬
tion, and until their successor shall he elected; and it
shall be the duty of the president and dhtp-tors to call
an annual meeting- of the stockholders, to make such
election ; and in all meetings of the stockholders those
holding a majority of the stock shall constitute a qun-
QuiUiiiiutioiit tm rum ; each stockholder shall be allowed one vote for each
vote share of stock he holds, and the stock may be represent¬
ed in person or by proxy in writing, but no person shall
act as proxy who is not himself a stockholder.
Sec. 5. Be it further enacted, That said corporation
l-uwois ..i i-orpo shall have power to make insurance on ships and all
other sea vessels, and steamboats and all other river
Taunts crafts ; on all goods, wanes and merchandize, slaves, bul¬
lion, money, and other property, against all marine or
river risks ; and upon houses, stores, or qther buildings ;
goods, wares, and merchandize of every description,
against fire, and to fix a piemium thereon: also to in¬
sure the lives of persons and property, and to fix the
rate of insurance thereon ; to receive from any free per¬
sons or corporation deposits on trust, and to accept all
such trusts or agencies, within the scope of its business,
Boo.nvmoio>, as may be confided to it ; it shall have power to borrow
money and issue its bonds therefor ; to invest its money
or property in any wTay, thing, or any manner which
would be lawful for a citizen to invest money or proper¬
ty in ; and the said property and securities to sell and
man luouuy, transfer at pleasure ; it may loan money or property
to any person or j oi.-mns, or coiporation, on any security
it may think proper ; the corporation shall have power
to purchase, discount and sell bills of exchauge.and pro-
Bay au'd soi) ex- missory notes, subject to the lawrs against usury; to re-
chuaga ceive on deposit for collection promissory notes and bills
of exchange, charging the usual rites therefor ; 1he said
corporation shall not make*or issue any bills bonds, or
notes to circulate in the community as money, and all
bills, bonds, notes and other securities made payable at
the office of said coiporation shall be subject to the same
rules of law, and to the same- legal remedies, as if made
payable at any of the banks of this State. *
185
ISUh
Sec. 6. Be it further enacted,. That the president and
directors of said corporation shall have power to fix the Transi er ■r Ptuok
mode of the transfer of the certificates of stock, as well
as the time,.mode, and places of payment of interest and
dividends ; and a majority of the Board of Directors shall Dividends
constitute a quorum. The said corporation shall also have Quorum
power to pass all such by-laws, rules and regulations as
may be necessary to carry into effect the provisions, 0f By"lawSr
this Charter, and to carry on the business of said corpo¬
ration, which are not inconsistent with the provisions of
this Charter, and the laws and constitution of this State
and the Confederate States ; and said corporation shall
have power to make all shell contracts, by the president contracts
and directors or by such agents as they may appoint, as Officers & agents
may seem to them most to the interest of said corporation;
and said president and directors may, by resolution or
by law, create all such officers, and agents, not herein
named, as they may determine to be necessary to carry
on their business ; they shall have power to prescribe,,., ,, ■,
., i t , , i i Oaths and bonds
an oath, and to require each officer and agent to take and
subscribe the same, before he epters on the duty of his
office, and they shall fix and prescribe the. amount of
each bond to be given by the officers.
Sec. 7. Be it further enacted, That said corporation
shall be liable to its creditors to the full' amount of its^jgjfetyofstouk
property and.assets, and the several stockholders shall
be liable to creditors of the corporation to the extent of
their stock subscribed and not paid in.
Sec.'8. Beit further enacted, That this Charter, and tion(),.cli.ir
all the privileges herein contained and granted, shall re- tor.'
main in full force for the period of thirty years from, the
date of its approval. s
Approved November 28, 1868.
No. 257.] AN ACT
To amend the Charter of the Eufaula Home Insurance
Company. • ' .
Section 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 u?/tocL°fcair''
the Eufaula Home Insurance Company," approved Feb¬
ruary 8th, 1861, and the several acts amendatory there-
21 "
1863.
186
of, be, and the same ,are liereby amended so as to -au¬
thorize the Board of Directors of said Insurance Com¬
pany to increase the capital stock of said company to
one million of dollars.
Sec. 2. Be it further enacted, That all the franchise
lucres, orfnui- and privileges conferred upon the u Mechanics'Aid As-
chlsg' sociation of Selma," in the fourth section of an act en¬
titled " An Act to incorporate the Mechanics' Aid Asso¬
ciation of Selma," be, and the same are hereby granted
to the Eufaula Home Insurance Company.
Approved November 28, 1863.
No. 258.] AN ACT
To amend " An Act to incorporate the Eufaida Marine
and Fire Insurance Companv," approved February
9th, 1861.
Section 1. Be it enacted hi/ the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly
uuk!tor;oi'w»uKconvened, That the act entitled "An Act to incorporate
the Eufaula Marine and Fire Insurance Company," ap¬
proved the 9th day of February, 1861, be and the same
is hereby amended by extending the time within which
the books of subscription for stock in said company may
be opened to the 1st day of Julv, 1864.
Approved November 25, 1863.
No. 259.] AN ACT
To increase the capital stock of the Woodville In.Nurance
Company.
Section 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly
convened, That an act entitled-" An Act to incorporate
«rea^*t0l'k the Woodville Insurance Companv," approved February
9th, 1861, be so amended as to allow an increase of the
capital stock of said company to any amount not exceed¬
ing five hundred thousand dollars.
Approved November 19, 1863.
187
1863.
No. 260.]
AN ACT
To increase the capital stock of the Selma Insurance and
Trust Company, and the Planter's and Merchant's In¬
surance Company,
Section 1. Be it enacted by the Senate and House, of Rep¬
resentatives of the State of Alabama in General Assembly
convened, That the President and Directors of the Plant-capital *twk in-
era and Merchants Insurance Company in Selrna, and the "r,,a'',,'d
President and Directors of the Selma Insurance and
Trust Company, and. each of them he, and they are by
this act authorized and empowered to increase the capi¬
tal stock of their respective companies by additional
subscriptions to the sum of six hundred thousand dol¬
lars, to be subscribed and, paid in such manner as they
by their respective boards of directors may proscribe.
Approved November 19, 1863.
To incorporate the Factors' and Grocers' Marine and
Fire Insurance Company of Mobile.
section 1. Be it enacted by the Senate and House of Rep
resentatives of the State of Alabama in Gent ral Assembly
convened, That a company is hereby incorporated for the corporate nnre*
purpose, of transacting a general Insurance business, in
the city of Mobile, under the name and style of the
'• Factors' and Grocers' Marine and Fife Insurance Com¬
pany."
Sec. 2. Be it further enacted,, That the said company
shall have power to sue and be sued, to have a common powers
seal, and to change or alter the same at pleasure, to hold,
purchase, convey and dispose of all kinds of estates, real
and personal, to receive and accept agencies, to appoint
such subordinate oiheers and agents as in the opinion of
the directors; the business of the company requires, pre¬
scribe their duties, and fix their compensation. To make .
by-laws not Inconsistent with the existing laws of this
State or of the Confederate States, for the transfer of its
stock, the management of its property, or the. regulation
Fo 261.]
AN ACT
18.63.
188
of its affairs, and to alter and amend the same at their
pleafture. To make notes and draw bills of Exchange,
and to endorse and transfer its bills receivable, to dis¬
count bills of Exchange and promissory notes, or buy
and sell the same. To buy and' sell goltl, siher, bullion
or foreign coin. To receive deposits on ti ust. Tomor¬
row money. To loan its funds on any public stock ot in-
corjHjrate companies, or obligations of the Stati s, or that
ot the Confederate States, or to invi st the saw in real
or personal securities; and goieially to do all things
nete.-sary tp carry into expeuLion the powers herein
itutnctiun granted ; Prodded, that nothing liciein contained shall
anthojinn said company to exercise banking privileges,
or of issuing hills to circulate as money.
i'EC. 3. Be it further enaettd, The capital stock of 'aid
c |; |ui i, com p my shall be one bundled thousand dollars, with the
privilege of increasing the same to three hundred thou¬
sand, ^ believer the stockholders deem it expedient to
do so, divided into shares of one hundred dollars each,
ten dollars on each share .to be paid in at the time of
subscribing, and the remainder in such instalments as
the directors may appoint.
Sec. d. Be it further enacted, That if any stockholder
stiirkiioiiifison- shall fail or refuse to pay the amount due for his stock,
mrntVnlf^ t° the call of the directors, the company may
foru-iUMi. obtain judgment against him, by motion and three days'
notice, in any of the < onrts of this State, and if execu¬
tion chail be returned, no property ftnnd, such stockhol¬
der shall forfeit his stock, or the amount paid into the
company. *
Sec. F. Tit it fin th r enacted, That Br. Tardy, Samuel
Wolil and O.H. Minge are hereby authorized" to open
«i}»eu i. |)U()]IK jn f}1Pl cp;y 0f Mobile, for subserij: tions to said cap¬
ital stock, which m. d books shall continue op^n until one
hundred, thousand dollars is subscribed, when the com¬
pany may organize and commence business.
Sec. (>. Be it further enacted, That the affairs of the
Dim-tors how company shall be conducted by a board of five directors,
owtovt,,each one of whom shall own at least twenty shares of
stock, to he elected by the stockholders, and boll their
office for one year, and until their successors are elected
and qualified. They shall not be directors in any other
insurance companies, .and before entering'on the duties
of their office, shall take and subscribe such oath as the
powms Ofdiroc;stoddioldersmay prescribe for them. The board of di-
torfs" 1 rectors shall have power to elect one of their number
189
President of the company, and to fix his salary, and to
pass by-laws herein before provided foi-, which, however,
shall be subject to revision or alteration by the stock¬
holders in general meeting.
Sec. 7. Be it further enacted, That as. soon as the sum ^ ^
of fifty thousand dollars shall be subscribed, the said
commissioners, Br. Tardy, S. Wolff and C. H. Minge4"'-
shall give notice, for three weeks published in one of the
newspapers of the city of Mobile, calling the stockhold¬
ers together at such time and place as they shall suggest
in said notice, for an election of directors. The election Eieoti<>nbow,c.on_
shall be by ballot, each stockholder being entitled to onedllctP(1-
vote for each share of stock owned by him, and he may
vote by proxy in meeting or personally, which election
shall be held and conducted by said commissioners. 1 All
subsequent elections shall be held under the directions of
board of. directors, or in such manner as may be pre-
■ scribed by the stockholders in general meeting.
Sec. .8. Beit further enacted, That the said company.,
•, •, •' . ' . . i Powers of corn-
Shall have power to make general insurances upon houses, pany.
gin'houses, 'cotton, corn and other produce, upon lives,Insurance
and health, of both white persons and slaves, upon live
stock of every description, upon vessels, freights, steam¬
boats and ships of every kind, upon all sorts of goods,
wares and merchandize, money, gold, silver, bullion and
foreign coin, and every othqr species of property, against'
loss by fire," dangers of the sea, river and any other risks,
and to fix premiums for the same, and to do all other
things appertaining to a general insurance business.
That the President and one director, or two directors, in
absence of the,President, shall be sufficient to make in¬
surances, and all policies subscribed by the President, or
two directors, and countersigned by the Secretary, shall
be binding upon the company.
, Sec. 9. Be it further enacted, The said company shall
have power to receive in trust, or on deposit, money or
funds of any kind that piay be offered to them, on inter-Doiloslt,,<
est or'otherwise, and give their receipts and obligations
for the same, and such deposits and trust funds shall in
no case be liable to the debts or obligations of said com¬
pany, growing out of its insurance business.
Sec. 10. Be it further enacted, That in case of a vacan¬
cy occurring in the board of directors, the remaining vacancy yow
directors may fill said vacancy by electing any stockhol-mlea"
der qualified under this charter, to hold until the next
general election.
1863.
190
Sec. 11. Be it further enacted, Thai any stock in said
debtsi'u.com- company owned by any person or persons indebted tn
puiiy.; said company, of liable to said company, either aR prin¬
cipal or security, and whether such indebtedness or lia¬
bility be due or not, shall be held by said company as
security on said indebtedness or liability, which lien shall
continue until the said indebtedness or liability shall be
fully paid and satisfied. And in case the said owner shall
fail to pay his said indebtedness (whether he isprincipul
or security), within twenty days after the same shall be
h«w sold due auf] pnyjhhle, the directors shall have-power to sell the
said stock +o the highest bidder, at public auction, in the
city of Mobile, or so much as may be necessary, first giv¬
ing at least twenty days notice of the time and place of
said sale, in one of the newspapers of said city, and apply
the proceeds thereof to the payment of said debt and the
costs and expenses of said sale, or as much thereof as will
pay. the sum, and the President shall give to the pur¬
chaser a certificate of his purchase, which shall convey a
good title thereto.
Sec 12. Be it further enacted, That all contracts made
contraetg how by said < onipany for the payment of money, or for the
n,ad*' assignment of its effects, or sale of its property, must he
in writing, signed by its President, and countersigned
by its Secretary, and bo authorized by a resolution of
its board of directors.
Sec. 13. Be it further enacted, That the amount of cap-
Lwjiniity »• taw ital stock of said company actually paid in, and its prop-
n' erty, shall at all times be subject to same rules of taxa¬
tion as the property and stock of like corporations in
this State.
Sec. 14. Be it further enacted, That said company shall
.Agencies. have power to establish such, agencies consistent with
the laws of this State, as they may deem expedient and
for the interest of the corporation.
Sec. 16. Be it further enacted, That' each stockholder
Liability ofF.to«k- shall ho liable for the debts and obligations of said com-
,holder*. pany to the full extent of the stock subscribed by him,
but no more.-
Sec. 1G. Be it further enacted, That this act shall take
Duration effect from the day of its approval by the Governor, and
shall continue in force for twenty years.
Sec. 17. Be it fu/ther enacted, That, the President of
stat«ment of &s.^H}d COmpanv ahall on the first Monday in January in
S«t» h liahihtiw. * i_ . i xi i x x x x r
each year, make out, under oath, a complete statement ot
the affairs of,the company, showing its assets and liabili-
191
1863.
ties, and publish the same in one of the newspapers in
the city of Mobile, and on failure to comply herewith,
the charter of the company shall be forfeited.
Approved December 4, 1863.
No. *262.] AN ACT
To incorporate the Montevallo Coal Mining1 Company.
Section 1. Be it enacted, by the Senate ami Home of Rep¬
resentative# of the State of Alabama in, General Assembly
convened, That W. W. "Waller, T. H. "Watts, L. E. Par-
sons, Alex'r White, Jno. Kenan, Joel Riggs and I. T. "1|",r<lt"n'
Tichnor, and such other persons as inuv hereafter be as¬
sociated with them, and their successors, be", and they
are hereby made and constituted a body corporate, in
fact and in name, under the style and title of " The Mon-
tevallo Coal Mining Company," and by that name ahdll5**1"0
be and uve hereby made able and capable in law to haves
purchase, receive, possess, enjoy and realize, to them and sm pu
their successors, lands, rents, tenements, hereditaments,
goods, chattels and effects, of whatever kind, nature or
quality, which the body corporate may deem necessary
to carry all the objects of said corporation into fgll force
and effect, to the amount of one million of dollars ; which c it.a
objects are to mine, transport and sell coal, and the same
to sell, grant, demise, alien, and dispose of; to sue and to
be suedj plead and be impleaded, answer and be answer¬
ed, defend and be defended, in all'courts having jurisdic¬
tion ; to make1, use, and have a common seal, and the
same break, alter and renew at pleasure ; to own and
hold in perpetuity such quantity of land as may be suf¬
ficient to supply said company with abundance of coal
for its business.
Sec. 2. Beit farther enacted, That said body corporate
shall have power to oonstruct one or more railway tracks uuy ut>»atruut
from their coal mines to the Alabama and Tennesseerailwayi
river railroad and the branch of the Tennessee and Ala¬
bama central railroad, and the South and North Alabama
railroad, and may levy and collect tolls from all persons,
property, merchandize and other commodities transport¬
ed thereon. The-said corporation shall have the privi¬
lege of prescribing the number of shares into which the ghar«
capital stock of said corporation shall be divided ; the
1863.
192
mode in which it shall be taken, paid, .transferred or as¬
signed, and also to*prescrib'e the mode bv which stock¬
holders in."' • vote, and the number of votes to.which.'each
proviso share sln.ii be entitled ; Provided, nevertheless, that the
rules adopted shall be uniform, equally securing the
lights of each stockholder ; and Also to provide for4the
officers election of such officers as may be deemed necessary for
the. government of the affairs of said corporation, and
also to ordain, establish and put into execution such by-
By kiws laws, ordinances and resolutions as they may deem ne-
' cessary and expedient for the government of said cor¬
poration, not being inconsistent with the laws of the
State of 'Alabama, or of the Confederate States, and in
general to do and execute all and singular the acts, mat¬
ters and tilings which may be necessary for mining,
transporting and selling coal • Provided, also, that no
stockholder shall bo held liable for more than the amount
of his orher sfock in said corporation. • v
*Sec. 3. Be it further endcted, That if the officers are
corporation not dot elected by the stockholders of saicl company on the
ureUiJa«iectlail"<-% ^xe<l by the by-laws or ordinances, the corporation
btiioors. shall not for this cause be dissolved, and it shall be law¬
ful to hold said election on some other day, according to
the rules of said corporation. ' '
Sec. 4. Be it further, enacted, That the said company
r.igbt or way shall have the right to contract with the owner or own¬
ers of land for the right, of way for their tracks from the
coal mines to the Alabama and Tennessee river railroad
and to tlie branch of the Tennessee and Alabama central
railroad, and to the North and South Alabama railroad,'
and for. lands sufficiently near to and adjoining said rail¬
roads for coal depots and necessary turn-outs and tracks;
and if the owner or owners ot the land, which maybe
required for such purposes, and the corporation cannot
agree about the same, then it shall be lawful for said
company, acting by its agent or agents, to apply to the
clerk of the Circuit Court of the bounty in whiclf the
■Janm'nit1 quod binds may be situated, for a writ of ad quod damnum,
v,|10 g|iaj| iSSIle f}ie game directed to the sheriff of 'his
county, commanding and requiring him to summon seven
disinterested freeholders of his county, whose duty it'
shall be to attend the summons of such sheriff, to view.
. the premises and assess the .-damages'which the owner
or owners of the land may sustain, by the condemnation
for the use of said company, for land for the right of
way, as aforesaid (not exceeding 'one hundred feet in
193
1863.
width for each track) and for coal depots and tnrn-outs
and tracks, as aforesaid, not exceeding ten acres at any
one'place on or near snch railroads ; any five of the jury
who may be summoned, shall be authorized to render aVerdict
vordict, and may act alone ; the person 01* persons whose
lan^s is sought to be condemned, shall have as much as
five days written notice, if a resident of the county in
which the land may be situated, of the time and place Notico
appointed for the meeting of the jury of review ; if not
a resident of the county, or of the State, shall have, in
addition to the five days notice, two days at least for
every fifty miles of his or their residence from the place
appointed for the assembling of the jury, which shall be
on the land sought to be condemned ; which notice shall
be sent by the sheriff of the proper county in official
character, or by his deputy, who may also summon the owse,w
jury provided for, and also do whatever act is by this
act required of the sheriff. If the lands sought to be-
condemned shall belong to the estate of a deceased per¬
son, the notice required shall be served on his, her, or
their administrator or executor ; if to a minor or minors, 1
on their guardian ; if to a non-resident, the notice shall
be given by advertisement for four consecutive weeks in
some newspaper published nearest to the lands sought
to be condemned, which notice for publication shall be
signed by the clerk of the Circuit Court, and set out
the facts as far as may be required form proper notice.
It shall be the duty of the sheriff to attend promptly to
the duties required by this act, and for a failure he shall
be liable to be sued, as for neglect of duty in other cases, ^eriff;'7 °r
and for his services he shall be allowed such compensa-Fetfg
tion.gs is by law allowed for similar services; it shall
be his duty in person, or by deputy, to attend said jury
in making their review; when the jury shall, by review¬
ing the premises and by such other evidence as may be _t Uow
adduced, become satisfied of the damages which the turned,
owner or owners of# the land to be condemned may sus¬
tain' by the. condemnation, they shall render their ver¬
dict in writing, which shall be subscribed by such of the
jury as may concur in it, and be attested by the sheriff,
or his deputy, and by him returned to the office of the
Circuit Court of the proper county, who shall preserve
the same, and furnish a certified copy of it to the par¬
ties desiring and paying therefor. If either party be
dissatisfied with the verdiet of the jury, the dissatisfied Appeal
party may appeal to the Circuit Court of the county in
25
1863.
194
which the lands shall lie, if the appeal be taken in thirty
days after the rendition of the verdict, giving the oppd-
Notice of parfy as much as five days notice of the appeal; if
no appeal should be taken in the specified time, the lands
pr«i»rty yesu sought to be condemned shall vest in and become the
property of the company, on the payment by the tym¬
pany of the sum assessed by the jury as the damages to
be sustained by the owner or owners of the land, which
rayiasut how payment of the damages may be made to the Judge of
Miada. tjlc pro]3at0 Court of the county in which the lands lie,
in. the absence of the party entitled to receive the mo¬
ney, for which said judge shall be held responsible on
his official bond, to the party entitled; the costs of the
costs by whom proceedings, in case no appeal be taken, to be paid by
the company, and the question of damages and costs to
be determined by the jury in the Circuit Court, and sat¬
isfaction of the payment founded on such verdict in the
Circuit Court, to vest the title of the lands sought to be
condemned in said company. The jury who may be em-
pannelled to try the matters in controversy shall take
an oath, or solemn affirmation, to render their verdict
without partiality, and according to truth and justice.
Approved December 8, 1863.
paid
Oith of jurors
No. 263.] AN ACT
To incorporate the Mobile and Selma Coa! Mining Com¬
pany.
Section 1. Be it enacted by the Senate and Uov-se o/tJRtp-
resentatives of the State of Alabama in General Assembly
Corporators ecmveiied, That C. E. Thames, W. M. Smith, Walsh Smith,
M. Waring, J. D. Spear, Geo. 0. Baker and their asso¬
ciates be, and are hereby constituted a.body corporate
under the name of the Mobile and Sielma Coal Mining
i'ui« Company, knd by that name shall be made able to have,
n»WOr, &«'. purchase and receive, possess and enjoy, to them and their
successors, lands, rents, tenements, hereditaments, goods,
chattels, effects of all kinds, which the body corporate
may deem necessary to carry out the objects of said cor¬
poration, which objects arc to mine, transport and sell
coal. To sue and be sued in all courts having jurisdic¬
tion, to make, use and have a common seal, and the same
to alter and renew at pleasure, and to own such quantity
195
1863.
of land in Shelby county or the other counties in this
State, as may be sufficient to supply said company with
an abundance of coal for its business.
Sec. 2. Be it further enacted, That the capital stock
of said company shall not exceed three hundred thousand M Koclc
dollars, to be divided into shares of one thousand dollars
each, which shares shall be deemed personal property,
and be transferred in such manner, and at such places as
the by-laws of said corporation shall provide or direct;
Provided, also, that no stockholder shall be liable for
more than the amount of his or her stock in said corpo-^"rjyvf*t<Klc"
ration, but shall be liable for all debts to that extent,
during the time he or she may have beerr a stockholder.
Sec. 3. Be it further enacted, That said company shall
have the right to contract with the owner or owners of
land for the right of way for'their tracks from their Rl*b*°
coal mines to the Alabama and Tennessee rivers railroad,
or any other railroad, and for land sufficiently near said
railroads for coal depots' and necessary turn-outs and
tracks, and if the owner or owners of the land required
for such purposes cannot agree about the same, then it
shall be lawful for said company, acting through its
agents, to apply to the clerk of the Circuit Court in the
county in which the lands ma)" be situated, for a writ of
ad, quod damnum, who shall issue the same, directed to
the sheriff of his county, commanding him to summon T"*
seven disinterested freeholders of his county, and whose
duty it shall be to attend the summons of the sheriff to
view the premises, and assess the damages which the
owner or owners of the land may sustain by the condem¬
nation for the use of said company, for use of land for
right of way as aforesaid, not exceeding one hundred
feet in width for each track, and not exceeding five acres
for any coal depot or turn-outs; and five of the jury
shall be authorized to render a verdict, being first duly
sworn to render an impartial verdict, by any justice of
the* peace of said county. The person wffiose land is
sought to be condemned, shall have as much as five days' Notlce
notice of the time and place of the meeting of the jury
for the review and assessment of damages ft Provided,
each party (if dissatisfied with the verdict of the jury,) Appeai
shall have the right of appeal to the next Circuit, t ourt
of the county. The jury shall render their verdict in
writing, subscribed by them, and attested by the sheriffRt,turnof findin*
or his deputy, and by him returned to the clerk, of the
Circuit Cpurt, w)iq shall prqsprve the same in btis office,
1863.
196
and furnish a certified copy of it to the party desiring
and paying therefor. If no appeal shall be taken within
thirty days after the verdict of the jury, the use of the
lands sought to be condemned shall vest in said compa¬
ny on payment of the damages assessed by the jury ; the
cost of these proceedings shall be paid by the company.
Sec. 4. Be it further enacted, That said corporation
shall have full power to prescribe rules and regulations,
appoint agents, and do all things necessary for the gov¬
ernment of said company, not inconsistent with the laws
of the State of" Alabama and of the Confederate States.
Approved December 8,1863.
No.'264.]
AN ACT
Corporators
Powers \ kc.
Name, &c.
Capital stock
Officers
To incorporate the Cahaba Iron and Coal Mining Com¬
pany.
Section 1. Be it enacted by the Senate and House of Bert-
resentatives of the State of Alabama in General Assembly
convened, That Samuel "Wolff, B. Tardy and Henry H.
Ware, add such other persons as now are or may hereaf¬
ter be associated with them, are hereby constituted a
body corporate, with power to sue and be sued, contract
and bo contracted with, to hold, alien and convey real and
personal estate of all kinds, and to have and use a com¬
mon seal, and the same to change and alter at pleasure,
to make and create contracts, promissory notes, drafts,
bills of exchange, and other obligations, all of which
shall be binding on said corporation.
Sec. 2. Be it further enacted, That said corporation
shall be known by the name of the Cahaba Iron and
Coal Mining Company, and may purchase, hold and en¬
joy property, may purchase and own coal and iron lands,
and open and work iron and coal mines in any part of
the State of Alabama • Provided, that the capital stock
of said company shall not be less than fifty thousand dol¬
lars, nor more than five hundred thousand dollars, to be
divided into shares of one hundred dollars each, to be
paid in such instalments as may be required by the com-
pany.
jfi|SEC. 3. Be it Juriher enacted, That said corporate body
shall have power to elect and appoint such officers and
agents, and to ordain and 'provide such rules and regula-
197
1863.
tioiiB for their government and conduct, as it shall deem
appropriate to its business, not in conflict with the con¬
stitution of this State and of the Confederate States.
Sec. 4. Be it further evaded, That said corporation
shall have power to open iron and coal mines, to trans- Mining n»<i
port all iron and coal, and generally to do all things per.,n,W!por,'atK,n
taining to the business of mining and selling iron and
coal.
Sec. 5. Be it further enacted, That as soon as the
books are opened, and the sum of fifty thousand dollarsWimi orgM1,zea
is subscribed, the company - may. organize and go into
business, and may be conducted by such directors or
officers or agents, as may be prescribed by their by-laws,
which shall be adopted by the stockholders in general
•meeting.
Sec. 6. Be it further enacted, That the company shall
have a lien on the stock of each individual, for the in- Lifn on st0(;k
debtedness of such stockholder to the company, whether
as principal or security, and if any stockholder shall be
indebted to said company, or shall fail to pay his' sub¬
scription as the same shall be called for, a judgment may
be had against him in favor of said company, in any of
the courts of this State, by motion and ten days' notice.
Sec. 7. Be it f urther enacted, That the individual lia¬
bility of any stockholder shdl not extend beyond the Ljahmty of stock-
amount of stock subscribed by him, but each stockholder 0 tr'
shall at all times be liable to said company or to the
creditors of the company, to the full extent of his sub¬
scription not actually paid in.
Approved December 8,1863.
No. 265.] AN ACT
To incorporate a Mining and Manufacturing Company.
Whereas, Isaac .T. Moses, James Denson, B. L. Wy-
man and Henry C. Moses have formed themselves into a Preamble
company for the purpose of mining and manufacturing
iron, and whereas for more conveniently.carrying on the
operations of said company, the said parties desire an
act of incorporation:
Section 1. Be it enacted by the Senate ami House of Bep-
resentatives of the State of Alabama in General Assembly ^
convened, That the said Isaac J. Mosbs, James Denson, U)rpor*tors
1863.
198
B. L. Wyman and Henry C. Moses, and snch persons as
they may hereafter associate with them, and their sue*
cessors and assigns, shall be, and are hereby created a
body corporate and politic by the name and style of the
Name Calhoun Iron Works, and by that name shall be capable
in law of suing and being sued in any of the courts of
Privileges, he.
this State, or of /the Confederate States, to have, hold,
purchase, seize and retain to them and their successors,
lands, tenements, hereditaments, goods, chattels and ef¬
fects of all kinds whatsoever, and the same to grant, de¬
vise, alien and dispose of at pleasure, and also to make,
have and use a common seal, and the same to alter and
renew, as they may deem proper, and also to make, or¬
dain and establish such by-laws, ordinances and regula¬
tions as shall seem necessary and convenient for the gov¬
ernment of said corporation, not being contrary to the
laws of* this State or of the Confederacy, or repugnant
to the fundamental laws of this corporation, and general¬
ly to be vested with all the rights and powers which
usually appertain to corporate bodies.
Sec. 2. Be it further enacted, That the capital stock
capital sioct of said company shall be fifty thousand dollars, in shares
of one thousand dollars each, with the privilege of in¬
creasing the same to three hundred thousand dollars.
Sec. 3. Be it further enacted, That the business of said
company shall be managed by a board of directors, to be
elected by the stockholders, each share havi"g one vote,
which may be voted personally or by proxy. The said
board of directors shall consist of three stockholders, to
be elected annually, and to hold their offices until their
successors are elected and qualified.
Sec. 4. Bdit further enacted, That gaid board of di- •
rectors shall annually elect from their number a Presi¬
dent, by whom, and by whose authority all the contracts
of said company shall be signed, and he shall hold his
office until his successor is elected and qualified.
Sec. 5. Be it further enacted, That the said board of
directors shall elect such subordinate officers as thejr may
deem expedient, who shall hold their offices during the
pleasure of the President and directors, and no longer.,
Sec. 6. Beit further enacted, That the business of said
corporation shall embrace all the business required for
the mining and manufacture of iron.
Sec. 7. Be it further enacted, That said company must
charts forfeited &° "^o °peraticn in two years from the passage and ap¬
proval of this act, or forfeit their chartered rights.
Approved December .8,1863t
Directors
President
Officers
Object
1863.
No. 266.] AN ACT
To incorporate the Selma IronWorks.
Section 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabavia in General Assembly
convened, That H. H. "Ware, C. E. Thomaa, W.M. Smith, ou-pomtoM
C. G-. Wayne and F. A. Woodson, and snch others as
may he hereafter associated with them for the purpose
herein named, and their successors in office, are hereby
declared a body politic and corporate, by the name of
the " Selma Iron Works," and by that name shall be ca¬
pable in law of suing and being sued in any of the courts 1111111
of law and equity in this State as a natural person. They
shall have power to purchase, hold and' enjoy real and
personal estate of any description whatever, and may 1
dispose of the same at pleasure, and shall have» power
to generally do and perform any and every act necessary
to be done to carry into effect the objects of this charter,
not inconsistent with the laws and constitution of this
State and of the Confederate States. They may have
and use a common seal, and alter the same at pleasure.
Sec. 2. Be it further enacted, That the capital stock of
said company shall and may consist of the real and per-^Tctt°
sonal estate owned and occupied by C. E. Thomas & Co.,
as a foundry situated in the city of Selma, and snch other
personal and real estate as said company may think for Llmlta.l0tt
' their interest to purchase, have and hold, not to exceed
in value the sum of five hundred thousand dollars.
Sec. 3. Beit further enacted, That said capital stock A f & ,
shall not be less than ope hundred thousand dollars, and ta"™?. 0 p
shall be divided into shares of one hundred dollars each,"
and may be increased at any time to five hundred thou¬
sand dollars, and said stock shall be deemed and held in
law as personal estate.
Sec. 4. Beit further enacted, That said' stockholders ™ ,
iii -if-i* f i Diroutors
may elect a board ot directors, to consist of not less than
three or more than seven in number, said directors to be Hovr uliww,
elected by the stockholders, under rules to be prescribed
by the corporators thereof; when said directors shall be
so elected, they may from their own number elect a Pres- preBidont
ident, who shall hold his office for one year, and until his
successor shall be elected. Said board of directors shall
•l j. i i n > ii PoWurs of dircc-
have power to elect all agents necessary to carry on the tors
business of the company; they shall have power to re¬
quire bonds from all officers and agents of the company,
1863.
200
presoribe the duties of all, and remove any officer or
agent at pleasure ; they shall have power to prescribe
rules and regulations, and generally to do and perform
all things which a natural person could do, in order to
the proper prosecution of their business.
Sec. 5. Be it further enacted, That said corporation
ot»joct k powem shall have power to manufacture any and every thing
that is made of iron, brass, copper, lead, zinc, or any
another metal, and to manufacture any thing that is
made of wood, and especially to make castings, and roll
iron of all sorts.
Sec. 6. Be it further enacted, That said corporation
Limitatiuu aui shall and may exist for thirty years from the passage of
liability. ^his act, and that the whole assets and property of the
corporation shall be liable to its creditors for the debts
of the same, and each stockholder shall be liable to cred¬
itors fur his stock not paid up.
Approved December 8, 1863.
No. 267.] AN ACT
To incorporate a Rolling Mill Company.
Whereas, John D. Gtay, Isaac J. Moses, B. L. Wy-
Prwuabi* man, Henry C. Moses, W, C. Bibb, E. H. Metcalf and
A. J. Rogers have formed themselves into a company for
the purpose of doing the business generally done in a
rolling mill, and whereas for the more conveniently car¬
rying on the operations of said company, the said par¬
ties desire an act of incorporation :
Section 1. Be it enacted by the Senate and Home of Rep-
resentatives of the State of' Alabama. in General Assembly
corporal®.-* convened, That John D. Gray, iRaac J. Moses, B. L. Wy-
man, Henry C. Moses, W. C. Bibb, E. H. Metcalf and
A. J. Rogers, and such persons as they may hereaf¬
ter associate with them, and their successors and as¬
signs, shall be, and are hereby created a body politic
un^ corporate by the name and style of the Montgom¬
ery Rolling Mills," and by that name shall be capable in
Powers, lkw of suing and being sued in any of the courts of this
State or Confederate States, to have, hold, purchase, to
seize and to retain to them and to their successors, lands,
tenements, hereditaments, goods, chattels and effects of
any kind whatsoever, and the same to grant, devise, alien
201
1863.
and dispose of at {heir pleasure, and also to make, have
and use a common seal, and the same to alter and renew
as they may deem proper, arid to make, ordain and es¬
tablish such by-laws, ordinances and regulations as shall
seem necessary and convenient for the government of
said corporation, not being contrary to the laws of this
State or ConfoiLiat y, or repugnant to the fundamental
laws of this corporation, and generally to be vested with
all the rights :ud powers which usually appertain to
corporate bodies.
Sec. 2, jBeit further enacted, That the capital stockralJltal stork
of said company shall be one hundred and fifty thousand
dollars, in shares of one thousand dollars each, with the
privilege of increasing the stock to five hundred thou¬
sand dollars.
Sec. 3. Be it further enacted,, That the business of
Said company shall be managed by a board of directors,I)"'4ctu"s
to be elected by the stockholders, each share having one
vote, which1 may be .voted personally or by proxy ; that
the said board of directors shall consist, of three stock¬
holders, to be elected annually, and to hold their office
until their successors are elected and qualified.
Sec. •!. Be it further enacted, That said board of di¬
rectors shall annually elect from their number a Presi-
dent by whom and by whose authority all the contracts
of said company shall he signed, and said President shul
hold his office until his successoisnre elected an 1 qualified.
Sec. 5. Be it further enacted,, That the said hoard of
directors shall, whenever they deem the business of f^aid"/"^ hov'
company requires it, elect such subordinate officers as
they deem necessary, and the said subordinate offi¬
cers shall hold their offices during the pleasure of the
President and directors and no longer.
Sec. 6. Be it further enacted, That the shares of said
corporation shall not he transferable without consent ofTra"V
the majority of the stockholders voting by shares, which
consent shall be recorded in the stock book of said com-
' pany, in which the transfer is made.
Sec. 7. Be it further enacted, That the business of
said corporation shall embrace all the business requiredI,lteQt
for, the manufacture of iron.
Approved December 8,1863.
26
1863*
202
No. 268.]
AN ACT
Corporators
Name
Powers, 4c
To incorporate the Oakfu&keo Manufacturing Company.
Section 1. Be it emitted bif l/te ficuatt and Hon e of Rep¬
resentatives of tJtc State of Alabama in General Assembly
convened, That Benjamin J. "Wilson, together with such
other persons as may hereafter be associated w ith him,
and their successors be, and they urehejrely made and
constituted a body corporate'in fact and in name, under
the name, style and title of "The Oekfuskee Manufac¬
turing Company," and by that name shall be, and are
hereby made able and capable inlaw to lia\e, hold, re¬
ceive, purchase, possess and enjoy, to the in and their
successors, all real and personal estate, of whatever
kind or amount said corporation may deem n:ce sary to
carry all the objects of said torpor,' ti< n into lull lorce
and effect, and ma) sell, grant, conve) or otherwise dis¬
pose of the same , and ma) sue and be sired, plead and
be impleaded, answer and be answered, dtfen 1 and be
defended, in all counts having < oinpetent jurisdiction; to
make, use and have a common seal, and the same t > ailei,
break and renew at pleasUie, ai i to do all othei acts in¬
cident to a body corporate md p ilitic.
Sec. 2. Be it further inc Vi/ That the objects it ^nd
corporation shall be the ni umf. Jure of w >rl and euLton
into thread or cloth, tin mannfmtuie of meal, Hour,lum¬
ber, shingles, boards, or sueh br inches or parts tlicie if
as they see proper to ong.igt in. The place of business
shall be at Wilson's fa(tory,"iir Randolph county, Ala¬
bama ; and to enable tire said Benjamin J. Wilson to
carry out the purposes of thi4 charter, he aud his asso¬
ciates and successors may. control and use the water of
the Big Tallapoosa river by locks, dams, can ils, or oth¬
erwise, for marmfa( turing purposes generally; and to
secure their property agaiii.-t loss by lire or other inju-
Preveat fishing, ries, may prevent persons from fishing in the river or
&0- pond, at or near their mills or factory in the night, or
make fires at any time within three hundred yards of the
factory buildings.
Sec. 3. Be it further enacttd, That said body corpo¬
rate shall havo power to prescribe tbe number of shares
jnto which the capital stock of said corporation shall he
divided, the mode in which it shall be taken, paid, trans¬
ferred or assigned, and also to provide the mode by which
v«ta stockholders may vote, and the number of votes to which
Object
Lecatiou
Coutrol
Water, Itc.
Share*
203
1863.
each share shall be entitled, that the rules adopted shall
be uniform, equally securing the rights of each stockhold¬
er : and also to provide for the election of such officers oncers
as may be deemed necessary for the government and
management of-the "affairs of said corporation :• to ordain,
establish and put in execution such by-laws, ordinances By-iaw*
and resolutions as they shall deem necessary and expe¬
dient for the government of said corporation, not Jbeing
inconsistent with the constitution and laws of the State
of Alabama, or of the Confederate States: and in gene¬
ral to do and execute all and singular the acts, tnatters
and things which may be necessary for manufacturing,
subject fo such restriction as may be hereafter imposed Bestrictu»
by the Legislature, not inconsistent with the objects for
which this act of incorporation is granted.
Sec. 4. Be it further enacted, That if officers are not
elected by the stockholders of said corporation on the
day fixed by the by-laws or ordinances, the corporation
shall not for that cause be dissolved; and it .shall be law-
. ful to hold said election on some other day, according to
the by-laws of said corporation.
$ec 5. Be it further enacted, That if any person shall
sell ardent spirits or intoxicating liquors within one mile
of the factories or mills of said corporation, by the re¬
tail or otherwise, such person or persons shall be subject
to indictment in the Circuit Court of the county in which
the selling or retailing may be done, and may be liable
to all the pains and penalties by the laws then in force,
concerning retailing without license, except for medici¬
nal purposes.
Sec. 6. Be it further enacted, -That said corporation Rostriction
sh^ll not exercise banking privileges, but is authorized
to carry the foregoing granted powers into execution,
according to the true intent and meaning thereof.
Approved Deceiqber 8, 1863.
No. 269.] AN ACT
To incorporate the Dallas Oil Works.
Section 1. Be it enacted by the Senate and House of Rep¬
resentatives of the State of Alabama in General Assembly
convened, That C. E. Thames, C. G. Wayne, J. C. Gra-^ t
ham, p. H. Golson, H. H. Ware, N. Waller; A. DeLoffe,
J% Brady and J. W. Lapsley, of Dallas county, and their
future associates apd successors, be aw] they are hereby
1863.
201
Nam« created a body cbrporate, by the name of "The Dallas
Oil Works," an(| in and by that name shall have contin-
r.wi>n», \-c. nal succession, and may sue and be sued, contract and be
contracted with, have and use, and alter at pleasure, a
common seal ; may enact all by-laws and regulations
deemed proper in and for the conduct and management
of their affairs, and change or repeal the same at plea¬
sure ; and may appoint or elect annually, or at such oth-
Directotv *im er time or times as they may deem proper, a board of
directors ancj such officer or officers as they may deter¬
mine ; and may confer on the board of directors (who
shall be members of the corporation), and officers to be
appointed or elected, such powers, and impose such du¬
ties as may be prescribed in and by the laws of the cor¬
poration, not inconsistent with the laws and constitution
of this State, or of the Confederate States. The proper
and legitimate business of said corporation is hereby de¬
clared tcf be to manufacture oil and such other article or
articles as may be made from materials used in the man¬
ufacture of oil, and to dispose of the same.
Sec 2. Be it further enacted, That the capital stock of
the company shall be of such amount as shall be fixed
by agreement among the corporators, not less than twen¬
ty thousand dollars, nor more than one hundred thousand
dollars, to be divided into shares of such amount as may
be fixed by agreement, or by the by-laws of the corpo¬
ration. Every corporator or stockholder shall, in all
conventions of tho corporators, be entitled to one vote
for every share of stock owned ; and it shall require a
representation of a ntajoritv of all the stock of the cor¬
poration, by the owner of the stock, or by his duly au¬
thorized agent, to constitute a quorum in convention or
meeting, i'or the transaction of business.
Sec 3. Be it further enacted, That the said corporation
shall have the right to purchase and own all such prop¬
erty, real or personal, as may be needful'and convenient
in the business of the corporation, to be determined by
corporators in convention, or by the board of directors
to be chosen by them, with power to sell and convey, or
otherwise dispose of the same. The corporators shall
have power to admit new members of the corporation,
as they may deem proper, and on such terms as they
may prescribe : Provided, nothing in this act shall au¬
thorize the corporators to invest more than twenty thoiv
sand dollars in the purchase .of real estate,
Approved November 28, 1863.
O.pital Etoi-k.
Quorum
May hold pro¬
perty.
205
18G3.
No. 270.] AN ACT
To incorporate the Fa&t Freight Forwarding Company.
Section 1. Be it enacted by the Senate'caul House of Bep-
resentatives of the State of Alabama, in.'General Assembly
convened, That "W.H.Karnes, J. E. Simpson, S. S. Bar-(Vir (orR
naby, J. M. Willis, J. J. Aldington, Sum'l H. Chiles, J.
C. Lopez, W. W. Simpson, P." H. Brittan, and Barnett
Phillips, and their associates, successors and assigns, he,
and they are hereby declared to be a body corporate
and politic, by the name of the " Fast Freight Forward- xnmo
ing Company," of the Confederate States, for the pur-ob^t ami
pose of doing a general forwarding business over thep"wm"-
several railroad and steamboat lines, or other modes of
conveyance tint may be deemed desirable, in the Con¬
federate St.itcg of America, and by that name contract
and be contracted with, sue and be sued, plead and be
impleaded, in any couit of law and equity whatsoever ;
and may make, and have, and use a common seal, to be
changed at pleasure.
Sec1. 2. Be, it further enacted, That thoscapital stock of
this company shall be two hundred and fiI ly thousand CaritB, ,trrk ,
dollars, divided.into twenty -live hundred shares of one
hundred dollars each, and in case the said capital stock
be found insufficient for its purposes, this company may
increase its capital stock, from time to time, to such
amount as may be deemed necessary for the purposes
aforesaid, not exceeding one million of dollars ; such in-Limitation
crease' must be sanctioned by a vote, in person oi by
proxy, of two-thirds in amount of stock of the company,
present, or represented, at a meeting of such stock¬
holders.
Sec. 3. Be it further enacted, That this company shall n6)
not commence business until its capital stock is fully until *twk*nii-
subscribed, and one hundred thousand dollars of, thescra'*d'
• same actually paid in.
Sec. 4. die it further enacted, That this company shall
have power to do a forwarding business, by land or by rewarding
water, for the carrying of goods, wares, and merchan¬
dize of all kinds, and generally all such other descrip*
tions, or modes of conveyance of property, as may be
required or deemed advisable by the said company,
from, to, and between any places in the Confederate
States, by their own conveyance or those of other per¬
sons, and to create and organize'branch agencies for the Agenda
1863.
206
same purpose and to hire) establish and maintain store¬
houses, warehouses and other buildings, and to purchase
lands to build thereon such store-houses, and other build¬
ings as may be required for the safekeeping of anything
entrusted to them for conveyance ; and shall have power
jiay insure to indemnify themselves by insurance against losses or
damage b}7 fire, .or the risk of navigation in the trans¬
portation of any goods, wai*es, or merchandize, or other
-property in their custody, received by them for trans¬
portation, or held by them as their property ; Provided,
K"iXr°r company shall at all times be liable for losses, de¬
faults, and miscarriages to the same extent as other com¬
mon carriers in this State' are liable; and whenever
goods or other articles are forwarded by them on rail¬
roads, or other conveyances not their'own, they shall an¬
swer for the negligence, default, or miscarriage of such
rail road, or other conveyance, to the sajne extent as if
they were' the owners thereof.
Sec. 5. Be it further enacted, That the principal office
principal oQre 0f said company shall be kept at Atlanta, Georgia, un¬
less the same bo changed by a vote of two-thirds of the
directors, at a meeting called for that purpose, to any
Branch officor other place, and the said company may establish as many
branch of local offices as their business may require.
' Sec. 6. Beit further evaded, That,'the regular meet-
wpoting of prcc- jyjgg 0f the board of directors of said company shall be
tors wncre held e> J
had at the principal office of the company. Special
meetings of its directors, for the transaction of business,
may be had at any place which the majority of the di¬
rectors, with the approval of the President, may appoint.
Sec. 7. Beit further evaded, That if the said dompa-
rXh^owdif-hy shall have unclaimed- freight or baggage, 'not - per-
rofiedoi' ishable, in its possession, for the period of at least one
yeaf, it may proceed to sell the samo at public auctiob,
Nonce * after giving notice to that effect, in one or more news¬
papers published in the State, or at the place where sucji
goods are to be sold, once a week for not less than four
weeks, and shall also keep a notice of such sale posted
for the same time, in a conspicuous place in the princi¬
pal office of the said company, said notice shall contain
as near as practicable, a description of such freight or
baggage, the place and time, when and where left, ..to¬
gether with the name and residence of the owner or per¬
son to whom it is consigned^ if the samp be known ; Pro-
Hotlw'tQ ripper vifodi that no sale shall take place until thirty days pre¬
vious notice shall bo given to the shipper or consignee of
207
186S.
such articles, or an affidavit shall be filed that they re¬
side out of this State, or that they are unknown to the
principal officer of said company, and on diligent enquiry
could not be found.
Sec. 8. Be it further enacted, That all moneys arising
from the sale of freight or bagghge as aforesaid, after Disposition of
deducting therefrom charges and expenses for the trans-proceoil!j"uld
portation, storage, advertising, commissions, for selling
*the property, and any amount previously paid for ad¬
vances on such freight and baggage, shall be paid by
the company to the persons entitled to receive the same,
and the said company shall keep books of record of all
such sales as aforesaid, containing copies of such notices,
proof of advertisement and posting, affidavit of sale, with
the amount'for which each parcel sold, the total amount
of charges against such parcel, and the amount held in
trust for the owner, which books shall be opened for in¬
spection by claimants, at the principal office of the said
company, and at the office where the sale was made.
Sec. 9. Be it further enacted, That in addition to the
stock aud the property of said company, each stockliold- ors,ock'
er shall be individually liable for all debts, defaults and
miscarriages of said company accruing while he is a
stockholder, to an amount equal to the amount of stock
owned by him at the time of the creation of said debt or
accrual of liabilities.
Sec. 10. Be it farther enacted, That the fiscal year of
this company shall commence on the first day of January ^
in each year, and terminate on the last day of December h"'1
in each year, and the duration of this charter shall be
twenty years.
Sec. 11. fde it f urther enacted, That the corporate
powers of this company shall be vosteH in and exercised Directors
by a board of directors of this company, to consist of the
elective officers, agreeably to the by-laws of said com¬
pany, who shall hold their office until others shall be elec-
ted in thoir places,.as hereinafter provided.
Sec. 12. Be'it further enacted, That every election of
directors of this company shall be held on the first Mon-Funum or au-ec-
, day in August, bach year subsequent to the year one whore
thousand eight hundred and sixty-three, in the city of
Atlanta, or Avherever the principal office may be located,
as the board of directors for the time being^shall appoint*
and public notice shall be given by the said directors in x0uoe
at least two of thejmblic newspapers printed in the city
of Atlanta or wherever the principal officq may be lo-
1863.
308
Who elac.tei!
I'rciidout
Vacancy, how
111 led
Failure to «laot
does not diswolv
Vlca-presidont
how elected
Proviso
Vote of stork-
holder
Elisibilily of di¬
rectors.
Secretaries and
other officers.
cated, at least three times in each week for two succes¬
sive weeks immediately preceding the time of holding
such election, and the said election shall be made by
such shareholders of this company as shall attend for
that purpose, either in person or by proxy, and elections
for directors shall be by ballot, and shall be conducted
by -two or more inspectors, neithei of said inspectors
shall he a director or officer of this company. Ihe five
persons' who shall' have the greatest number of votes
shall be directors, and within one week ai'ter the elec¬
tion, they shall proceed to elect by ballot one of their
number, who shall be their president and the president
of this company, and vrhenever any vacancy shall hap¬
pen by death, resignation or otherwise, such vacancy or
vacancies may be filled for the remaindei of the year in
which the same shall happen, by the remainder of the
directors or a majority of them, but the failure to elect
directors at the time hereinbef re mentioned, shall not
"operate to dissolve this < ompany, and it shall 1 e the ex¬
press duty of the board cl directors in case of accidental
or unavoidable omission t> take measures foi such elec¬
tion with all reason it le speed, in the manner hereinbe¬
fore provided : the board may also elect from I heir num¬
ber a vice piesident win shall possess such of the pow¬
ers and perform su< h of the duties of the president as
the board of directors may by the by-laws or by resolu¬
tions from time to timn direct; Provided, that the offi¬
cers, agents and employees ol said company shajl not be
exempt from military duty by virtue of their being such
officers, agents or-employe cc, if otherwise lialle.
Sec. 13. Be it further cnaituj, That each stockholder
shall be entitled to one vote on each share of the said
stock, but in order to exercise such right, he shall have
had said shares in lis < iwn name at least thirty days'
prior to the time of *v< Ling.
Sec. 14. Be it furth r tnccfed, That no person shall be
eligible to tho office of director unless ho be a holder of
one hundred and twenty-five shares or rripre of the cap-
it al stock of the company. If any director- shall cease
to be a stockholder, his office thereupon shall be vacant.
Sec. 15. Be it further enacted, -That the board of* di¬
rectors shall have power to appoint one or more secreta¬
ries and such other officers, agents, clerks and servants
as may be deemed necessary, and to fix and at pleasure
to change, the salaries or allowances of any of them.
Sec. 16. Beit fhither enacted, That three of the di-
209
1863.
rectors shall constitute a quorum of the board for the QUOrum
transaction of business, and the board may delegate pow¬
er to transact any ol its business to committees of direc- ^terd <Ie!c~
tors, or its officers, or agents, as it may deem proper,
and the board may by a majority of their whole number,
make such by-laws as may be deemed necessary for the By-law*
management of the property, the government of the offi¬
cers, the regulation and conduct of the affairs, ajnd for
the transfer of the stock of this company.
Sec. 1.7. Be it f urther enacted, That the number of the -
directors of the company may bo changed in conformity rectwi.'
to law by the vote of two-thirds of all the directors .' in ,
office, at any time, not within thirty days next, previous
to an election.
Sec. 18. Be it further e/mc(k<i,,That the minutes of the MiBUteg
proceedings of the board of directors shall be kept, and
the same shall be entered in a book to be provided for
that purpose, and signed by the President or acting-
chairman, or secretary.
Sec V.). Be it further enacted. That the President of the ,
company, for the time being, in his absence or inability tzMoTpresideat
to act, the vice President or silch other member of the
board of directors as the board shall appoint, with all or.
any of the powers of such President, shall preside at
any meeting of the board of directors at which he shb.ll
be present, and shall at all times have a right to vote
therein ; and is hereby authorized and empowered, under
the direction of the board of directors, and in the name
gnd behalf of the company, to make contracts for the
forwarding or transportation of freight of all kinds, with
any person or persons, or body politic, or. corporate, on
railroads, steamboats, or other mode of conveyance, for
such term or.terms of time, for such premium or consid¬
eration, and under such restrictions and considerations
as may be agreed on between this company and the per¬
sons, or body politic, or corporate, agreeing with them
for such contract or contracts, which shall be subscribed
or signed by the President or vice President (if there
be a vice President), or in case of absence or incapacity
to act, of the permanent presiding officer or officers, by
such other member of the board of directors as such,
board shall authorize to act temporarily, with all or any ^
of the powers of such President, and shall be counter- *
signed, and shall be binding and obligatory upon the
company in like manner and with like force as if made
under the seal of the company.
27
1863.
210
Sec. 20. Be it f urther enacted, That the board of di-
Diyideads rectors, out of the funds of this company, shall defray all
its expenses and pay its debts, and twice in each year
may declare and pay such dividends as they shall deem
expedient, out of the net profits of its business, to the
shareholders, or their authorized attorneys, but no divi¬
dend shall ever be made by this company, when its capi¬
tal stock shall be impaired, or when the making of such
dividend would have the effect of impairing its capital
stock.
Sec. 21. Be it farther enacted, That any suit against
•t'pr<K*Msw,'r',*s said company to recover for any debt or liability thereof,.
may be brought in any county in this State, where such
debt or liability accrued, or' where any of the local
officers ^re situated, and service of process on the chief
officer of said company, or in his absence, on auy local
officer or agent of the company, shall be sufficient.
Approved December 8, 1863.
No. 271.] AN ACT
To incorporate the Brundidge Male and Female Acade¬
my of Pike county..
Section 1. Be it enacted, by the Senate and House of Hep-
resentatives of the State of Alabama in General Assembly
incorporated convened, That: the academy in the town of Brundidge.
in the county of Pike, is hereby incorporated by the
name of the " Brundidge Male and Female Academy."
and by that name shall be known and called, and shall
exist as a corporation.
Sec. 2. Be it further enacted, That, the President and
'rnwtew'iU" Trustees- of the Brundidge Male and Female Academy
and their successors in office, elected in accordance with
article 2, section 11 of the revised school lavs of the State
of Alabama, shall have a general supervision over said
1 school: they shall have power to contract for the ser-
vices of teachers ; to receive, by gifU or otherwise, niou-
o'fpraporty. " ey or property, to the value of five thousand dollars, for
the bcllofit of said Brundidge Male and Female Academy,
the title to which shall rost in tliem as trustees, and not .
otherwise, and shall pass to their successors. .
,211
1863.
Sec. 3. Be it further enacted, That the sale of brandy,
rum, whisky, gin, wine and all other intoxicating liquOrs &aie«f liquors
whatever, is hereby prohibited, within the distance ofproki,nte<1,
two miles in every direction from said academy, in the -
town of Brund'idge-, ftnd tlid same shall not be sold with¬
in the above specified limits, either by retail or whole¬
sale, except for medicinal oifsacramental purposes'; and
for every violation of the provisions "of this act, the per- Penalty for noia-
son or persons so violating it shall be subject to indict-tl0n"
ment, and upon conviction1'shall be fined not less than
fifty dollars nor more than one thousand dollars, one-half
of said fine to be paid to the County Treasurer, and the
Other half to the. Trustees for the use of the .said Brund-
,idge Male and Female Academy. ' t
Sec. 4. Be it'further enacted, That every attempt to
evade the provisions of the third section of this act, byIva£lon
giving or offering to give away intoxicating drinks, with
the understanding expressed or implied . that some re¬
muneration is to be received in something at that or
some future.time, shall, he deemed and held a violation
of said third section, and every person so offending shall
be subject to indictment, • and on conviction the same
penalty as'imposed in said section three.
Sec. J). Be it further enacted,, That should any person
violate the third section of this act, from whom the fine railing te pay tine
specified cannot he collected by' due "process of law, the
person or persons so violating said section shall be im¬
prisoned in the county jail for the term of not less than
three months nor more than six rrionths, for each viola¬
tion. ' • • 1 „ ' •
Sec. 6. Be it further enacted,' That it shall be compe¬
tent for the General Assembly of this State to repeal Roscnration
an}7 provisions of this act," upon the petition of a majori¬
ty of the citizens "residing within two miles of the said,
Brundige Male and Female Acadepay.
Approve^ November 25,1863.
MEMORIAL AMD JOINT RESOLUTIONS
OF THE
THIRD -ANISnXAr, SESSION.
JOINT MEMORIAL
<•
To the'War Department for the relief of the 26 th- .Regiment Ala¬
bama Volunteers..
This General Assembly learning with regret that the gallant. 26th
Alabama regiment, which has fought in every battle' in Virginia,
Maryland and Pennsylvania, from Williamsburg to Gettysburg-, and
has upheld with a firm hand and unfaltering courage the flag of our
country, itnd acquired for themselves a name which will never die,
has been reduced by death in battles, in hospitals, and by disabili¬
ties arising from wounds, Ac., from six hundred and seventy-six nfeli
in March, 1862, to twodiundred and twenty-five enlisted men,.after
taking off details for detached and extra duty, it musters but one
hundred and eighty muskets, and learning also that, the said regi¬
ment is in danger of lining consolidated with some'other regiment,
and thereby lose its name, a necessity greatly to be regretted by
all," and deeply mortifying to the members of that brave and noble
body of veteran soldiers, who are desirous of being transferred to
Tuscaloosa, Alabama, or to Columbus, Mississippi, for the purpose
of recruiting its ranks to its original number, from the' counties of
Tuscaloosa, Fayette and Marion, where it has a glorioul name and
a hosf of friends, who will gallantly rush.to its standard to sustain
its organization and fame ; the said regVnent is also desirous to re¬
ceive orders to report to Gen. Forrest so soon as the same shall be
recruited, therefore
Be it resolved by the Senate and House of Representatives of the State
of Alabama in, General Assembly convened, That the Secretaiy of
War of the Confederate States be, and he is hereby requested to
grant the request of the said regiment: Provided, it'shal] not be in
his opinion in conflict with the public interest.
Approve^] December 7, 1863.
213
JOINT RESOLUTIONS
Donating a Section of Land and Medal to Miss Emma Sansoip, of
Cherokee county, in consideration of public services rendered
by her.
A Nation's history is not complete which does not record the
names and deeds of its heroines^ with those of its heroes, and revo¬
lutions sometimes throw the two in such close proximity that the
history of the manly bearing of the one is imperfect unless coupled
with the more delicate, yet no less brilliant achievement of the
other, and such must ever be the history of the most gallant and
successful victory of the intrepid Forrest, unless embellished with
the name and heroic acts of Emma Sansom.
Upon discovering- the difficulties which embarrassed the advance
of our brave army -in pursuit of a Yankee raid, under the lead of
Col. Streight. produced by the burning of a bridge across Black
Creek, near the residence of her mother, in Cherokee county, Emma
Sansom, inspired with love of country, indignant at Yankee inso¬
lence, and flushed with hope inspired by the arrival of a pursuing
force, exalting herself " above the fears of her nature and the timid¬
ity of her sex," with a maiden's modesty and "more than woman's
courage, tendered her services as a guide, and in the face of an ene¬
my's fire, and amid the cannon's roar, safely .conducted our gallant
forces by a circuitous route to an easy and safe crossing, and'left
them in eagei* pursuit of a fleeing foe, which resulted in a complete
and brilliant victory to our arms within the confines of our own
State. By her courage, her patriotism, her devotion to our cause,
and by the great public service she has rendered, she has secured
to herself the admiration, esteem and gratitude of our people, and a
place in history as the heroine of Alabama. As a testimonial of the
high'appreciation of her services by'the people of Alabama,
1 . Be it resolved by the Senate and, House of Representative* of the
State of Alabama in General Assembly convened, That one section of
the unappropriated public lands of this State bh, and the same is
hereby granted to Miss Burma Sansom, of Cherokee county, to be
by her selected, in subdivisions or otherwise, outside of the lands
reserved for saline purposes, for Avliich a patent or patents must
issue.
2. Beit further resolved!, That the Governor of the State is'here¬
by required, as soon a.3 the same can be consistently done, to pro¬
cure a gold medal, inscribed with suitable devices commemorative
of the deeds which these resolutions with their preamble are design¬
ed to perpetuate, and present the same in the name of the people of
Alabama to the said Emma Sansom, as a further testimonial of the
respect and gratitude of this State for her services aforesaid.
214
3. Be it further resolved, That the Governor of this State furnish
to Miss Emma Sansom an authenticated copy of these resolutions.
And it is further made the duty of the Governor to issue the neces¬
sary notice and instructions to the land officers of-this State to carry-
out the provisions of'the first of these resolutions.
Approved November 27, 1863.
JOINT RESOLUTION
Directing the Commissioner of Public Lands to withhold Patents
in certain cases.
Be it resolved by ■ the Senate and House of Representatives of the
State of Alabama in , General Assembly convened, That the Commis¬
sioner of Public Lands be,' and he is hereby required to withhold
the issuing of patents for the coal and iron lands entered under the
third section of an act entitled " An Act to increase the price of
certain public lands belonging to the State of Alabama," approved
December 9th, 1862, until otherwise directed by the Legislature of.
Alabama.
Approved December 7, 1863.
JOINT RESOLUTIONS
For the purchase of Stationery and Fuel.
1. Be it resolved, by the Senate and, House of Representatives. of the
State of Alabama in General Assembly convened, That the. sum of
ten thousand dollars, or so much thereof as may be necessary, be
and the same is hereby appropriated for the purchase of stationery
and fuel for the use of the State. *
2. Be it further resolved,, That the Comptroller of Public Accounts
issue his warrant on the State Treasurer,.in favor of the Secretary
of State, for the above amount, or so smuch thereof as may be re-
•quired, to be paid effit of any money in the treasury not otherwise
appropriated : Provided, that the vouchers for purchases made un¬
der this appropriation shall be filed in the Comptroller's office.
Approved December 3,1863. ^ •
215
JOINT RESOLUTION
Appointing 10th day of December as a day of fasting, humiliation
and prayer.
Whereas, His Excellency Joseph E. Brown, Governor of the State
of Georgia, recommends that Thursday, the 10th day of December,
be set apart as a day of fasting humiliation and prayer, thftt the
Congress ot the Confederate States, the Legislatures of the different
States, our army and'navy, and all the people be, and are hereby
respectfully requested to unite with the people of Georgia in strict
observance of that day ; '
\ And Whereas, The General Assembly of the State of Georgia, in
accordance with said recommendation of Governor Brown, in view
of our national calamity and distress, declare it to be the solemn
duty of all the'people .of these Confederate States to humble them¬
selves v before • God, and with penitence for our past sins, national,
social and individual, and with an honest, earnest desire to obey His
laws, implore through • the merits of our Saviour, His forgiveness,
and plead for wisdom to guide us. Therefore,
Be it resolved by the Senate and Hons$ of Representatives of the
State of Alabama in General Assembly convened,' That we cordially
concur in the said recommendation, and that Thursday, the 10th day
of December be, and said day is hereby set apart as a day of fast¬
ing, humiliation and prayer by the people of the State of Alabama,
and the Governor of this State Ipe and he is hereby requested to.,
issue his Proclamation to the people thereof, asking that all unite in
the proper observance of the day.
Approved December 3, 1863.
JOINT RESOLUTIONS
. In relation to the Steamer Florida.
Whereas, Under tlie Joint Resolutions passed by the. General
Assembly of this State, approved December 10th, 1861, the Gover¬
nor awarded to the owners of the steamer Florida, the sum of ninety
thousand dollars, and which steamer was turned over to the Con¬
federate States, and on the 2!>!li day of April, 1863, Congress passed
an act directing the Secretary of the Treasury to pay the State of
Alabama the. sum of ninety thousand dollars in eight percent, bonds
of the Confederate States for said steamer, and whereas the bonds
?16
paid by the State to the owners of said steamer had coupons attach¬
ed for the interest from July 1st; 1862, while the coupons attached
to the bonds received by the State from the Confederate Govern¬
ment give interest from April 22d, 1863, the date of the act of Con¬
gress, thus leaving a balance of interest yet due th6 State of fire
thousand eight hundred and forty doHar$; therefore,
1. Be it resolved by the Senate and Rouse of Representatives of the
State of Alabama in General Assembly convened, That in the opinion
of this General Assembly, the claim of the State of Alabama upon
the Confederate Government for the balance.of interest due on the
bonds delivered .to the State for the steamer Florida, is just and
should be paid by the Confederate States, and that our Senators and
Representatives in Congress be requested to secure the appropria¬
tion refunding the balance due the State.
2. Be it further resolved!, That his Excellency the Governor he
and he is hereby authorized to dispose of the bonds received from
the Confederate Government in payment of said steamer, upon such
terms as he deems best, and to pay the proceeds into the State
Treasury.
3. Be it f urther resolved, That;His Excellency the Governor "be
requested to transmit a qppy of these resolutions to each of our Sen¬
ators and Representatives, in Congress, and to the Secretary of the
Treasury. ■ ' 1
Approved December 7, 1863.
JOINT RESOLUTION
To secure the passage of a law exempting certain persons'fron*pay-
■ ment of Confederate " Tax in kind."
, Be it resolved by the Senate and House of Representatives of the State
of Alabama m General Assembly convened, That our Senators in Con¬
gress be instructed, and our Representatives requested to use all
honorable means to secure the passage of a law exempting from the
payment of the Confederate " tax in kind,2' the people residing in
all those parts of the State of Alabama-which have been overrun by
'the public enemy.
Approved November 28, 1863.
217
JOINT RESOLUTIONS
To exempt from the payment of the tax in kind, the families of sol¬
diers, whose support is derived from white labor alone.
1. Be it enacted by the Senate and House of liepresentatives of the
Stat$ of Alabama in General Assembly convened, That our Senators
in Congress he instructed, and our Representatives requested to
use their eiforts to secure the passage of an act by Congress to ex¬
empt Irons, the payment of the "tax in kind," the families of all sol-,
diers in the service of the Confederate States, or either of them,
whenever the support of such families is derived entirely from the
proceeds of white labor.
2. Bt, it further •tesnlvc.d, That the Cmvernor be requested to cause
a copy of these resolutions to be forwarded to each of the Senators
and Representatives in Congress from this State.
Approved November 28, 1863.
JOINT RESOLUTION
In testimony of the wisdom and patriotism of John Gill Shorter,
Governor of the State of Alabama.
Wheiieas, His Excellency John Gill Shorter, Governor of the
State of Alabama, during his term of office, about to expire, has
been surrounded by unusual and extreme responsibilities ; and
ivhcreas, these rosponsibilitiesjiave been met with a highly commen¬
dable patriotism highly deserving the thanks of the people of the
State of Alabama : and ivhereas, the proud position Alabama has
attained to in this revolutionary struggle for Southern independence,
is attributable greatly to the wisdom and energetic efforts of His
Excellency: #
Be it resolved, the Senate concurring, That John Gill Shorter, the
present Governor of the State of Alabama, lias exhibited a capacity
adequate to'the circumstances surrounding his term of office, and
highly deserving the thanks of the people of the State of Alabama.
Approved December 4, 1863.
23
218
JOINT RESOLUTION
In respect to the enforcement of the Conscript Law of the Confed¬
erate States.
Whekeas, It is absolutely necessary that the whole military
strength of the country shall be speedily brought into requisition
for the defence of Our rights and the establishment of our indepen¬
dence. This great.'desideratum must be supplied by the energetic-
enforcement of the conscript law of the Confederate Congress. For
some cause, the provisions of said law have not been carried into
effect in such a manner as to produce the results anticipated. With¬
in the last few months, Alabama, Mississippi, and tliat part of Ten¬
nessee not in possession .of the enemy, have been assigned to Briga¬
dier General Gideon J. Pillow, as the field of his operations. With
that zeal and ability which has ever characterized Gpn. Pillow, he
has infused new life and vigor into the system, and from the small
territory under his control, he has sent many thousands of strag¬
glers, deserters .and conscripts to fill up the shattered regiments of
our gallant army. . Had the same efficiency been exercised in other
States, our ranks would have been swollen far beyond their present
numbers : therefore,
• Be it resolved by the Senate tend House of liepre.seidolises of the
State of Alabama in General Assembly convened. That we recom¬
mend (jjur Senators and Representatives .in Congress to use their
'official influence to have the jurisdiction of General Pillow's Bureau
soextended as to cover a, larger area, if not the Avhole of the States
of this Confederacy.
Approved December 4, 1863.
JOINT RESOLUTIONS
In relation to Taxation and the Confederate Currency.
1. Be it resolved by the Senate and House of llepresentatives of the
State of Alabama in General Assembly convened, That in the opinion
of this General Assembly, the people of (Alabama will'- cheerfully
submit to any tax which the Congress may impose for the purpose
of reducing the volume of the currency and appreciating its .value :
Provided the tax be not too oppressive in amount, or unequal in its
operation.
219
2. Be it f urther resolved, That the financial scheme originated and
recommended by the Convention of Bank officers, recently held in
Augusta, Georgia, to-wit: the issue of one thousand million of dol¬
lars of bonds of the Confederate States, with coupons attached, pay¬
able in coin, and the imposition of a tax of sixty millious of dollars,
to be paid in coin or the coupons of said bonds, is disapproved by
this General Assembly.
3. Be it further resolved, That the Governor be requested to
transmit a'copy of these resolutions to each of our Senators and
Representatives in Congress, and also a copy to the Governor of
each State in the Confederacy.
Approved December 8, 1863. '
JOINT RESOLUTION
In relation to the services of General Joseph E. Johnston.
Be it resolved, by th<* Senate and House > of Representatives af tfie
Stale of Alabama in General Assembly convened, That the country
recognizes in'General Joseph E. Johnston, one of itstruest, bravest
and ablest military chieftains, and would hail with universal satis¬
faction lus, appointment to the command of an army commensurate
with his unquestioned skill an (J eminent services.
Approved December 7,1863. ,
OFFICII OF SECRETARY OF STATE, I
Montgomery, Ala., February 20, 1864. 1
I II hue by Certify, that the foregoing Acts, Memorial, and Joint
Resolutions, are correct copies from the original rolls now on file in
this office*. •
P. H. BRITTAN, Secretary of State,
TABLE
or THF
RATES OF INTEREST IN THE SOUTHERN AND CONFEDERATE STATES,
Coitipilal in pHi'tmime t<f tot 1( upji orfdFt 'it t u it lfl, 1H1S.
Maryland (1 per cent.
North Carolina .... 0 ' 14
Tennessee .. B u 44
Alabama.*.., 8 44 •
Virginia. B " '*
Sontli Carolina 6 per cent.
Kentucky B 41 1
Georgia 7 u '
Flori la * 0 44 4
by contract, b 44
Arkansas—Legal interest. 6 per cent.; conventional int< rest, HI
per cent.
Trxas—Legal interest, A per cent.* conventional inton-st, 12 per
cent. * *
Missouri—Legal interest, B per cent.; conventional interest, 10
per cent.1
" Mississippi—Legal interest, 8 per cent.; on lent moiiQy, 1(1 per
cent.
Louisiana—Legal interest, 5 per cent.; bank interest, B per cent.;
conventional interest, 10 per cent.
Office of Secretary oj- State, (
Montgomery, Ala., Feb, 20, 1864.)
Certified to be correct.
P. H. JBRITTAN, Secretary of Slate.
INDEX.
ACCOMPLICE—
Code amended as to evidence of in misdemeanor 73
ACCOUNTS—
To regulate settlement of in Military Department £9
Of deceased soldiers to be stated 93
" " agent to adjust and collect.91
ACTION—
Drought by foreign administrator,' <fcc., not abated or
barred by appointment, of resident administrator 21
To .authorize the action of Ejectment 58
ACTS AMENDED—
Act to amend the Revenue La"\vs, approved December
9th, .1862 ; 18
To authorize the Confederate States to purchase site
for Rolling Mills, Ac 21
Act to provide for reorganization of Penitentiary 28
Act incorporating Alabama Direct Trade and Exchange
Company. 43
Act to amend Sec.tion 072 of the Code 67
The Revenue Laws 74
To increase the price of certain public lands SO
To contribute to the support of indigent families of
soldiers, approved August 29th, 18G3 82
To reorganize the Militia ^ 95
Declaring who shall be exempt from militia service... 96
• it ' n « u ■ (i " « 98
To enable the people, &c., to procure supplies of Salt. 100
To regulate the sale and exportation of Corn 101
To establish institution for Deaf and Dumb 104
To provide for election of State Printer • .'•.••• 1®^
In relation to printing and publication of the decisions
of the Supreme Court '» 110
2oo
ACTS AMENDED—(Continued.) # _ •
In relation to support of indigent families of soldiers, 1H
" " " '* " . 115
(C ' (( 11 U II .
11 ' 11 11 III 11 IJtJ,
The Public School Law as to Sumter county 173
ACT EXTENDED— . .
To prohibit the distillation of grain, Ac 19
ACTS REPEALED—
The Revenue Laws, in part, 19
To authorize the Court of County Commissioners of
Fayette and Morgan counties to levy a tax 011 dogs.. 30
Acts regulating judicial proceedings... 55
To prevent false representations as to Government
Agencies, 00
To regulate the sale and exportation of corn, in part.. 101
To direct the binding of certain copies of the Acts, Ac. 107
To establish a County Court for Montgomery county.. 120
To regulate the fees of Probate Judges in Greene, Ma¬
rengo and Choctaw counties, in part 133
To authorize Justices of the Peace to appoint Over¬
seers of Roads, Ac., in. Coosa county 102
To provide for paying Grand and Petit Jurors in Cof¬
fee county. 103
To authorize the Commissioners'' Court of Cherokee
county to levy a special tux 107 "
To compensate Jurors and Witnesses in Monroe county, 171
To regulate the sale of spirituous liquors in the town of
Ely ton • 172
ACTS AND JOURNALS—
To provide for printing and distribution, extra session, 27
Appropriation for distribution of 7. 80
Act to direct binding of certain copies repealed 107
ADMINISTRATORS—
Section 1934 of Code as to suits by foreign, amended...., 21
In Russell county may make publication in paper in
Columbus, Geo 33
Authorized to receive Confederate money for sales .... 64
Special, may be appointed in certain eases 65
AGENT—
Protected against, action when tender is made • 58
For claims of Soldiers, to be appointed hf>
AIDS, SPECIAL—
To be appointed for each county 3
To enumerate militia. 3
IIow appointed H
ALIEN ENEMIES—
Sequestered lands of, sold for 1 axes may be redeemed
by Eeo<siver : 77
AFPIM )PEIATIONS—
To reorganize tlio Militia 11
For arrest of Deserters 15
For snpport of indigent Families of Soldiers. 16
To pay members and officers of General Assembly.... 23
For biro ot servants, Ac 24
For preparing and distributing Acts of Extra Session ., 2b
To pay Nonrotary and ebiof Clerk, extra session 44
In favor ot Cbailes A. Tonev 45
For w »rl; on Hospital lor Insane ' 47
Te lb lb Daeis, Joel White, ami M. M. Nail 4S
Ten pJiob'iM of stationer;, and fuel 53
Toprosidi tor i ..no of Stale bonds 78
For preparation ol'Treasuiy Note Change BilK 7b
For tiftcal v oar L 61 78
For support of indigent iambics ol soldiers 81
For nulibtry and hospital purposes, authorized to be
used for support of indigent families of soldiers 85
For reli< f ot persons rendeiwd destitute by the enemy, 87
For military defense, of Stab* .... . 114
Ta Institution lor Deaf and Dumb incre ised 104
To Door-ki epeis 107
For manufacture ot Cards Ill
For pay oi member,1- and olliceu-.pl Geueial Assembly. Ill
For Iiiro of servants. Ill
For repairs of State Capitol 112
For expenses of inauguration ol Governor 112
To compensate A. D. Clitherall as Ordnance itheei. . . 1114
For Military Aid Societies, A • 113
For pay of H. F. Watson, Adj't and inspector General 143
For relief of Eobeit Z. Barlow 143
For relief of Samuel B. Harmon 144
For relief i f Stephen Oipson 14(»
For relict < t Virginia Matthews 147
All MY EECOED—
To provide lor making _ •" ^2
Superintendent of to be appointed 1 02
ARTESIAN SALT WELLS---
Act for the. protection ul 104
ATTOENEYS— . ,
Protceteel irom suit vvlien tender is made in Goiiiede
rate Treasury Notes, Ac .. 58
224
BALDWIN COUNTY—
For relief of indigent families of soldiers in» 118
To consolidate offices of Treasurer and Cleik of. 121'
To authorize Judge of Circuit Court to hx place of
hold bur court 120
BIBB COUNTY—
To amend Section 1784 of the Code so far as relates to '41
BOARDS, MEDICAL—
Established for Militia 9
BONDS—
P. M. Frazier and P. M. Brandon authorized to tile... . 4(»
Forthcoming under Acts to regulate Judicial pio< et d-
ings continued in force. .. . .,.. f>.r>
Registers in Chancery authorized to take £9
■ Tax levied upon../ 74
To provide for issue and sale ol 7S
To meet deficiencies in military appropiiatrons 94
To pay interest on foreign del t 102
BRIDGES— ■
Bonded contra dors to repair w hen notified 71
To prevent parties from joining fences to 72
To authorize John S. M rgan and Rufus B. Rhea to
build across Big Wills1 Creek 1U5
CADETS—
Of University subject to orders < t Governor 8
CALHOUN COUNTY— *
To enable the Treasurei of tc pay surplus funds, Ac... 109
CxkRDS—
Agreement of Governor for manufacture lutiiied Ill
CARPETS—
Of Capitol donated to the soldicis 8 >
CERTIFICATES— . • . "
Of Probate Judges without charge in certain casc> f»7
CHAMBERS COUNTY—
Transferred to Southern Chancery Division 127
To increase lees of Commissioners and Constables in..' 144
CHANGE BILLS—
Appropriation to pay foi preparation of 78
• * To authorize destruction of "wben ihutildted 194
CHEROKEE COUNTY—
For relief of poor in 141
To repeal act authorizing bpeciul tax. lhl>
CHOCTAW COUNTY—
¥ To compensate Commissioners, Ac., in. G
' Transferred*to Middle Chancery Division.... ....... 127
To better regulate fees of Judge of Probate in 149
CHOCTAW COUNTY—(Continued.)
T< > repeal act to better regulate fees of Ju<lge of Probate, 133
To increase per diem of Commissioners, Collectors and
Assessors 134
CITIZENSHIP—
Conferred upon certain persons in Italdwin eountv .... 152
CIVIL AUTHORITY—
To provide for the maintenance of 60
CLARKE COUNTY—
To increase pay of county officers in 133
To increase per diem of Commissioners, Collectors and
Assessors . 134
To authorize Commissioners1 Court to make Halt 162
CLERKS—
Piotcctc 1 against suit for monc y collected, upon ten¬
der, Ac 58
Judges of Probate authorised to appoint 66
CODE OF ALABAMA—
Section 131 amended 20
• ' 1081 " 21
lb 1113 " 70
u 1203 " 71
" . 1112 " 71
3301, 3600, 3018-amended 73
4 434 to 439 repealer] 109
u 17S1 amended as to Bilih eounty 31
'' " <k u certain count'es 138
2960-to 2970 made applicable to certain suits by
married women 59
u 430 to 482 amended as to Shelby county 167
COFFEE COUNTY— .
To repeal Act topiovido for paying Juiois 163
'COMMANDANTS OF MILITIA— *
How elected 4
Vacancies how filled, duties, Ax 5
To arrest deserters 14
Duties in suppressing distillation 98
COMMISSIONER AND TRUSTEE—
Office of, continued 102
CONFEDERATE GOVERNMENT—
Employees of, how exempted from militia 10
To aid, in arresting deserters ... 13
To extend authority to purchase site for Foundry, Ax., 21
To aid, in Provost Guard duty 61
May redeem lands of alien enemies 51
Lease of public lands to contractor of 81
20
226
CONFEDERATE GOVERNMENT—(Continued.)
Fot relief of certain contractors of 189
CONTRACTS—
For manufacture of Cards confirmed Ill
Governor authorized to rescind certain 188
Governor authorized to change or modify 189
Act for relief of certain Government conti actors 139
COOSA COUNTY—
Transferred to Southern Chancery Division 127
Act to authorize Justices of the Peace to appoint Over¬
seers of roads in, repealed 162
corn—
Act to regulate exportation and sale of, repealed in part, 1U1
T. B. Bethea authorized to kell 153
cotton yarn-
To provide indigent families with 81
cotton—
Tax upon 75
counties—
Act for relief of those overrun bv the enemv 75
Empowered to provide indigent families with salt an 1
cotton yarn 83
county boundaries—
Of Mobile and Washington change 1 31
Of Dallas and Perry u 151
Of Perry and Marengo " , 151
Of Limeston® and Madison " 152
Of Perry and Marengo " 152
court SUPREME^ .
To increase compensation for publishing reports ot. . . 32
To amend law in relation to publishing repoits 110«
COURTS CHAN CERY—
Proceedings in regulated 56
Registers in, authorized to take forthcoming bonds.... 59
Times of holding in Northern Division regulated. ... 126
Transferring certain Dhtricts in middle and South-em
Divisions, 127
' Of Middle Division regulated during the war 128
Times of holding in Southern Division changed 129
COURTS CIRCUIT--.
Special terms of, authorized 20
Proceedings in regulated 53
Times of holding in eighth Circuit changed 124
Times of holding in eleventh Circuit changed 125
Judge of sixth Circuit to fix place of holding in Bald¬
win county l'io
227
COURTS, CITY—
Established for Montgomery county 121
Fees of Judge of in Mobile may be increased 130
COURT, COUNTY—
Abolished in Montgomery county 121
COURT OF COUNTY COMMISSIONERS-
May provide indigent families with salt, and cotton yarn, 83
. Compensation of agents of, fixed 81
Pay for medicines furnished to indigent families of sol¬
diers .*. 84
To ascertain number of persons rendered destitute by
the enemy, Ac 80
COURT, PROBATE—
Judges of, authorized to impress provisions 26
Jurisdiction in estate of non-residents 61
May. appoint, special administrators, Ac 6o
Judges of, authorized to appoint clerks 66
Required to make certificates without charge 6<
Compensation of Judges for keeping money .of estates, 67
CRIMINAL LAW— .
Arrest, of deserters and penalty for harboiing... 13
Misapplying funds fdr indigent families of soldiers .... 17
Distillation of Potatoes and Peas prohibited 16
Distillation of Molasses and Sugar prohibited 16
Toll defined and penalty for taking; illegal.... 4 27
Prisoners sent to Penitentiary from other States 32
Impressment or purchase of-property under false pre¬
tences . 60
To provide for the maintenance of civil authority. 60
To secure, trial of slaves under indictment*. 61
To -prevent gaming 62
To prevent, illicit trading with sla\es, 63
Feees of Solicitors in certain cases 68
Overseers of roads failing; to keep lord* in otdei 72
Option of Jnvv in penalt) for misdemeanor ^3
Section 3000 of Code*not. applicable to misdemeanor.. <«».
Agents, Ac., misapplying; funds for indigent, families of
■oldie.rs • • • • ^
Misapplication of funds for persons rendered destitute
by the enemy
Officers, Ac., in military department failing to account, 89
Forging St ate Bonds, Ac ; • • • ^
To suppress more effectually Ihw distillation of grain... 68
Injury of Artesian Salt Wells 161
Act, to regulate sale and exportation of corn amended, 101
Railroad companies to keep lights and water on trains, 106
228
CRIMINAL LAW—(Continued.)
Mitigation of penalty for cutting timber by Government, (
contractors 139
DALE COUNTY—
Commissioners of, authorized to pay certain claims.... 167
DALLAS COUNTY—
Section 174S of Code amended a* to 13N
William A. Rose made eitizen®of. 151
DEAF AND DUMB—
Act to establish institution for amended 104
DfKALB COUNT Y^- '
Appropriation for indigent families of soldiers in.... 115
DESERTERS—
To aid Confedeiate Governun nt in hi resting 13
Penalty for harboring ' lp
Families of, noi < ntith d to dbtril ntiou if salt H
' DISTILLATION— *
(>f Peas and Potatoes prchil Fed » 19
()f Molasses and S igar prchihited :.. 19
Fees of Solicitor s in proaecut'on* foi * ^
To suppress more effectually "D
Governor may rescind cert in i mtriotsfer 13°
Permitte<l certain parties f n nnnnfa tnre ot Oils lf»l
DISTRIBUTION OF EDITCATP >N.VL FUND—
In counties omipie 1 by the miny 194
In schools in Sum ler tuiintv 17'.'•
DISTRIBUTION OF LAW,1—
' To provide II >r, of exti a sn =sicn 27
Appropriate ,n for - * ^0
' DIVORCE AND MARRIAGE—
Charles W. Oliver authorized to lrniry 33
Lemons Box divorced from wif.* 49
Moses Jones divoiced-from wile ^4
Eliza Harm lelieved from disal jjity $. Ia3
Richard T. Starr vuithowerl to niairy 173
Jesse B. Todd and Man Tod 1 authorized to many 173
DOGS—
Tax on in Fayette and Mortnn repealed 311
DUELLING OATH *
Parties relieved irow '. 150
Edward P. Hoi combe relieved 151
EDUCATIONAL FUND 4
To provide for distribnti »n of, <fce ... 104
Who entitled in Sumter county 173
EJECTMENT—
To authorize action of ., 5s1
229
ERRATUM—
In Act to amend Revenue lavs, see at end of index.
ESCHEAT— . ..
Right of State to in certain lands transferred 161
ESTATES— .
To authorize administrator of Philip McGuire to invest
in real estate 29
Judge of Monroe county to act in settlement of estate of
Henry 0. Abney * .• • • •
To authorize the Probate Court of Ch^nbers county to
act in estate of James M. Kennedy HO
In Russell county make publication in Columbus, Ga.. . 33
Court of Autauga county lias jurisdiction of estate of
A. B. Penick 33
Executors of John D. Cntlin may invest Treasury notes
authorized to be received in payment for sales 64
Special administrators allowed in certain case* 66
Compensation of Judges in certain cases 67
Certain division of estate of M. E. Murphree 135
Jurisdiction of estate of George N. Lewis conferred on
Court of Butler county 136
Probate Court of Bibb county has jurisdiction of estate
of Wm. Garner ■ 137
Lands of estate of Eli Parks, may sell at private sale.. 137
Estates.of James R. Breazeale and Sarah K. Breazcale
transferred from Lowndes to Dallas i.. . 138
For the relief of heirs of Catharine Baker . 147
Of William M. Smythe removed from Marengo to Dal¬
las county , i i.... 155
Administrator of Junius B. King authori/ed to sell at
private sale 156
Of Hardy Abney authorized to be divided 156
Of William T. Smith remo red from Butler to Macon
county.-. 157.
For relief of lieirs of John Flood Me Grew 157
For relief of estate of 0. Mazange. 158
For relief of administrator of Willi mi Fitts 159
Of Cornelia Steele transferred from Butler to Monroe
county 159
For relief of administrator of R. R. Pool 160
EVIDENCE—
In illicit trading with slaves 63
Of accomplices in misdemeanor 73
EXECUTIONS—
Issue, lien and return 56
230
EXECUTIONS—(Continued.)
Division of fees upon, between levying and collecting
officer '. «• §9
EXECUTORS AND ADMINISTRATORS—
Suit brought by foreign, not abated or barred by ap¬
pointment of resident.
,ln Russell county may make publication in Columbus,
Georgia 33
May receive Confederate Treasury Notes for property
sold by them 64
Special administrators ad litem 6M
EXEMPTION—
Of certain officers of State from second class of militia 4
Of Confederate and Railroad employees 10
Act declaring who shall be exempt from militia duty. 12
To amend the Exemption Act 06
In relation to the exemption of Firemen 07
Of City Police and Firemen of Tuscaloosa 6b
Of certain persons from military duty in the Provisional
Army. 51
Of officers of the Penitentiary from conscription 6]
EXPORTATION OF CORN—
To repeal in part the Act to reu-nlate 101
FALSE PRETENCES—
To prevent impressment or purchase of property under 60
FAYETTE COUNTY— •.
Tax on dogs in. repealed 30
Fund for i inherent families of soldiers in, drawn 116
FEES—
Of clerk of Supreme Court increased. OS
Of clerk of City Courts increased 68
Of clerk of Circuit Court increased. 68
Of clerk of Circuit Court of Clarke county 133
Of County Commissioners--
In Choctaw and Marion counties.. 34
Iti Clarke, Choctaw and Tuskaloosa counties increased 134
In Chambers county increased 134'
Of Coroners increased .. . . 68
Of Jailors for victualling- prisoners ^ 24
" '■ •' ' " 69
Of Jurors increased 69
Of Justices of the Peace increased i 60
" a " for committing runaway slaves 63
Of Judges of Prorate -
Seals and eertilieate.s free of charge in certain cases.. 67
For keeping mongy of estates. I»7
231
FEES—(Continued,)
Or Judoes or Phoijate— .
Increased . 68
. Regulated in Greene, Maiengo and Choctaw cuimtios 131)
Act to regulate, repealed as to Choctaw county 133
In Clarke, county increased.. 133'
Of Registers in Chancery increas«d 68
Of Notaries Public in Mobile, Act reducing repealed... 135
Of Sheriffs increased ,... 68
" in Clarke county increased* 133
Of Solicitors for violatioifof Acts to prevent distillation 20
" increased 68
Of witnesses increased 70
For apprekendinir and committing runaway da vet 63
FEMMES SOLE—
Ellen E.Robinson and Elizabeth Main cieated -1*1
FENCES— '
To pie vent joining to public bridges. 73
FERRIES— ... *
To establish additional near Montgomery 170
FIRE COMPANIES— . . ! •
Certain, exempted from militia duty. 12
Governor may tender for provost duty 61
In relation to exemption of from militia 07
Adding Tuskaloosa to exemption of.. . . « 98
F1S11 TRAP— •
Authorizing A. T.. Kanady to erect in Coosa river.. .. 163
FOREIGN DEBT—
To provide for payment of interest on 162
FRANKLIN COUNTY—
Fund for indigent families of soldiers in, drawn 117
GAMING—
Aft toJ prevent 62
GREENE COUNTY—
To increase pay of Judge of Probate in 130
Section 178-1 of Code amended as to 138
GRIST MILLS— .
To regulate toll of. 26
GUARDIAN AND WARD—
To provide for prosecuting and defending suits for per-'
sons of unsound miyd 25
Property sold by Guardian may be paid for in Confed¬
erate Notes....... t 64
Guardian may invest in ical estate for Ward... 108
HABEAS CORPUS— .
To provide for obedience to writund punish for contempt- 60
232
HOSPITALS—
To pay for work 011 'Insane Hospital -17
To discontinue at Richmond •. 01
Additional appropriation for Deaf and Dumb . 104
To provide for. support of insane convicts from Peni¬
tentiary to Insane Hospital 10.7
Appropiiation to Aid Societies, Ac 113
HUNTS VILLE—
Charter of amended 174
IDIOTS— ■ ■
To provide for^irosocuting and defending suits for and
against 25
IMPRESSMENT—
Probate Judges authorized to impre*-. provisions in
certain e-aso-s 2l».
To prevent the purchase or impressment of property
under false pretences CO
INAUGURATION—
Of Governor, to pay expenses of 112
INCORPORATIONS—
acadexiesr—
Brundidge Male and Female Academy incorpoiatul. 21o
Cities and towns—
Amend charter city of Selma 17 t
Amend charter city ef Huntsville .. 174
Grant further powers to corporate authorities of
Mobile 174
Amend charter of towns of Marion and Montevallo.. 175
Amend Act to incorporate city of Montgomery 175
Amendatory of Act to incorporate the city of Mont¬
gomery .... 17f
Amend Act to lepcal Act imposing ievictions on
City Council of Montgomery 177
insurance—
To incorporate Central City Insurance Company... . 182
To amend charter Eufaula Home Insurance 18."
To amend charter Eufaula Marine and Fire Ins 18b
To increase capital stock Woodville Insurance 18(i
To increase capital stock Selma Insurance and Trust
Co., and Planters' and Merchants1 Insurance Co... 187
To incorporate Factors'and Grocers' Marine and Fire
Insurance of Mobile li>7
Manufacturing and Mininq— *
Incorporating Montevallo Coal Mining Company 191
Incorporating Mobile and Selma Coal Mining Co.... 194
Incorporating Cahaba Iron and Coal Mining Co 19t>
233
IN CORPORATIONS—(Continued.)
Manufacturing and Mining—
Incorporating Calhoun Iron Works....... v....... 197
" Setrna Iron Works 199
<k > Montgomery Rolling Mills..;. 200
Odkiuskee Manufacturing and Mining Company in¬
corporated 202
Dallas Oil WorkA incorporated 203
Railroads—
Incorporating Ashby.and Caliaha River Railroad Co.. 04
To provide for location, &c., of land held in common
by Railroad companies 105
To require Railroad companies to keep water and
lights on tlieir trains.. 104
■ For relief of Western Railroad Company 142
Amend Act to incorporate Girard Railroad Company 178
Authorize construction of branch Railioad by Ala¬
bama and Tennessee Rivers Railroad 179
Authorize Montgomery Mining and Manufacturing
Company to construct railways, Ac 181
Miscellaneous— . "
Amend charter of Alabama Direct Trade and Ex¬
change Company 43
Relief of Gas Light Company of Selma and other
Gas companies 48
Fast Freight Forwarding Company incoi porated.... 205
INDIGENT FAMILIES—
To provide *with Salt ahfl Cotton Yarn 83
Of Soldiers (see Soldiers). ♦
INTEREST—
On Judgments and Executions 50
On foreign debt of State provided for 102
JACKSON COUNTY— • *
Fund for indigent families of soldiers, drawn 114
JAILS—
Of the State may be used for keeping deserters 15
JAILORS-L
To increase fees for victualling prisoners 24
To increase the fees of: .f 69
JEFFERSON COUNTY—
Section 1784 of the Code amended as to 138
* To repeal a local law in 152
JOINT RESOLUTIONS AND MEMORIAL— '
To equalize taxation for the support of indigent fami¬
lies of sjldiers 5(J
In relation to increase of the Army 51
39
2 34
JOINT RESOLUTIONS AlSTD MEMORIAL—(Continued.)
In relation to the war * j ..... 52
For the'purchase of stationer}' unti fuel 53
To procure passage, of a law paying for horses lo, t in
the war ^ ....... *..... . 53
■ Act more fully to explain Joint Resolutions in ielation
to Alabama Volunteers, Ac y ... 1)2
Memorial for the relief of 20th'Regiment Alabama
Volunteers .. 212
Donating a section'of land and a Gold Medal to Miss
Emma Sansom, of Cherokee county, in consideration
of public services rendered by her 213
Directing Commie si oner of Public Lynda to withhold
patents in certain cases. .. . . .. 214
For the purchase of stationer} and* fuel 214
Appointing a day of fasting, humiliation and prayer.. 215
In relation to the steamer Florida 215
To secure the passage of a law exempting certain pei-
sons fiom payment of Confederate " tax in kind. ... 21(1
To exempt from the payment of the tax-in kin 1 three
whose support is derived from white labor ai mc ... 2 IT
In testimony of the wisdom and patriotism of John Gill
Shorter, Governor of the State ot Alabama 217
In respect to the enforcement of the conieript law of
the Confederate Statute 2D
In relation to taxation and the Confederate currency.. ' 21S
In relation to the. services ol* Gen. Joseph E. Johnston, 219
JUDGES OF PROBATE—
Protected against suits foi money collected upon tender
made. - 5S
Authorized to appoint clerks C<»
Required to make certificates ipid aiiix county seals,
froe of charge, in certain cases * I>7
To increase the fees of ' ... (»7
To transfer < ntiies inlo tract books and furnish topic.
to assessors,- 1011
JUDGMENTS— 1
Acts regulating judicial proceedings repealed. ...... '55
JUDICIAL PROCEEDINGS—
Suits brought by foreign administrators not abated or
barred by appointment, of resident administrators. , 21
For the relief of securities who have paid mono for
their principals , . *. .. H4
To provide for prosecuting and defending suits for per¬
sons of unsound mind ................ 2o
235
JU DTOIAL PPO CEEDINGS—(Continued.j
Acts regulating judicial proceedings repealed
Foi the protection of Attorneys, Agents, and other of¬
ficers in tliis'Stute- . ~ '.
To authorize action of ejectment
To enable married "women the more effectually to se-
< ure the property secured to them by the Code
Registers in Chancery authorized to take forthc oming
bondp in certain cases
To present the impressment or purchase of property
Under false pretences. L .
To provide for the maintenance of civil authority and
the preservation of law and order
To secure the tiial-of slaves under indictment
To prevent gaining in this State.
To proyent illicit trading with slaves
To secure the property of non-residents,
To allow Ih'obate Judges to appoint special adminis¬
trators in certain case?
JURORS— . *
To increase the puv of
r ANUS— • ■" . • ,
Of soldiers sold for taxes, time for redemption extended
Of alien enemies sequestered, when sold for taxes, may
be redeemed by'Confederate States
Act to increase frie price, of certain public lands re¬
pealed and amended
Governor authorized to lea^e public lands for certain
purposes ' . ••
To provide for location and partition of, when held in
common by Railroad companies.. *
E. Shiver authorized to change location of
Interest of State in certain escheated, released to Berry
Driver f 4 .-••••/
To dogate, certain, to Miss Eipina Sansoni for heroic
Directing the Commissioner of Public Lands to "with¬
hold putentsjn certain cases
LAND OFFICE— • . i
Allotments to Railroad^ companies to be certified to,
and Commissioner to issue Patents...
State Tract Books transferred to. ...... • •
Commissioner and Register to issue Patent and Ceitifi-
eate to heirs of John Flood McGryw
LICENSES— * it*
Of distillers to be certified to County Commandants.,
• 236
LICENSES—(Continued;)
Of retailers may be suspended by Governor 100
LIEN—
Of judgment, upon property of defendant .17
LIMESTONE COUNTY—
Fund for indigent families of soldiers in, drawn 117
L. R. Davis made liner 152
LINERS—
Where required to pay taxes 20
LOWNDES COUNTY—
'Judge of, allowed to reeord certain paper 135
LUNATICS—
To provide for prosecuting and defending suits for and
against
MACON %COUNTY—
For the relief of indigent families in 11S
Section 1748 of Code amended as to—• 1HS
MADISON COUNTY—
Fund for indigent families drawn 110
, L. R. Davis made liner ... -.. . J 152
MARENGO COUNT Yt—
Transferred to middle Chancery Division 127
To increase fees of Probate Judge in.............. lid
Boundary changed to make N. Y. Alston citizen ot... 151
Boundary changed to make Lewis Anderson citizen ot
Perry. '
MARION—''
Town of, charter amende'! ..... 175
MARION COUNTY—
To compensate Commissioners, &c.. in -',4
Fund for indigent families drawn 117
Act to regulate mimbe* of Grand Jurors in. repealed.. lt>5
To regulate election of Commissioners in 172
MARRIED WOMEN—
-To enable, the more ' effectually to secure the property
secured to Ihem by the Code -"h
MARRIAGE AND DTVORCE—
(See Divorce.) '
MARSHALL COUNTY—
Fund for indigent families, drawn..- Ill
MEDICAL BOARD—
For Militia established 0
MILITARY AID SOCIETIES—
Appropriations for * 11.1
MILITARY CODE—
Suspended 11
237
MILITARY FUND??—
Authorized to be used for support, of indigent families
of soldiers.-... • S5
To consolidate unexpended portion 90
MILITARY DEPARTMENT—
To regulate settlement of accounts in ,S9
To increase efficiency of Quartermaster's department...
MILITIA— * .
Act to re-organize 3
Exemptions from duty in 12
Commandants of, to arrest deserters 14
Officers of to aid enrolling* officers in arrests, Ac ...... 13
May be ordered from one county to another, «Vc 13
Governor to tender for provost duty t»l
Act to re-organize amended. 93
Exemption law amended .... 99
In relation to exemption of Firemen from 97
Firemen of Tuskaloosa included in exemption 98
May be used to suppress distillation. 99
MTLLS—' - • .
To regulate tolls of 2f>
Doctor J.' S. Hays authorized to erect mill dam across
Black Warrior river 193
MINORS— *
To secure estates of.... *.... 1 198
To remove settlement of .guardian of Julius S." Alford
from Pike to Montgomery county 133
Charles Irby Mitchell relieved from disabdity 154
Lindsey C. Spratling relieved from disability 154
A. A. Henderson relieved from disability 155
, * (And see Guardian and, Ward.)
MISDEMEANORS—
Sections 3301 and 3600 of Code amended 73
MOBILE—
Restrictions on sale of Corn in, remove 1 101
Act to reduce. Ac., fees^of Notaries Public repealed.. 135
To grant further powers to corporate authorities of.. . 174
MOBILE COUNTY—
Boundary line changed
Commissioners authorized to increase salary of Judge
of City Court
For relief of poor in
To abolish office of Auditor of Public Accounts in.
MOLASSES— * N
Distillation of, prohibited
238
MONEY—
Tax on.. .............. 75
MONTEYALLO— , .
• Town of, charter amended .• 175
MONTGOMERY—
Act incorporating amended. 175
Amendatory of Act incorporating 1. 17(»
Amending Act to repeal an Act imposing restrictions
on City Council, of....' 177
MONTGOMERY COLJNTY—
To establish Criminal . Court for 121
For relief of Justices of the Peace in i. 140
MORTGAGES—
On prqperty of soldiers affected by repeal of " stay law," 55
.No sale under when tender is made, Ac.' .. 57
MORGAN COUNTY— - . *
Act authorizing tax on dogs in, repealed 30
Fund for indigent families drawn .. 117
NON-RESIDENTS— -
.To p reserve property of i.\ 04
NITRE AND POTASH— ,
Governor may lease public lands for manufacture of',.. 81
OILS, LUBRICATING—'
To authorize distillation for manufacture of •... 81)
ORDINANCE— . ; ' * ' f . •
To provide for the military -defense, Ac., amended... 87
. u u u • ' u <t *
ORDNANCE— _ * . '
Arms to be furnished militia...., 10
Ammunition to be distributed 11
Duties of officer devolved oir Quartermaster-General... : 89 .
Moneys expended for, how charged.....' .. ' 90 "
To compensate-A. B. Clithcrall as officer j» 113
Governor huthorized to compensatcf certain contractors, 139
. oyERSEERS> OF ROADS—
Exemption from duty on roads repealed , 70
. . To provide for appointment o£ 71
To increase the duties of...........'. 72
May serve-process in certain cases • 72
PARTITION— . #
Of lands held by. Railroad companies * 105
PAY— -
... Of members and officers of General Assembly increased 23
/ Of Door-keepers, Clerks and Secretary '. 47
Of A. B. Clitherall as Ordnance officer.?. 113
... - 239
PEAS— / ; . . :
Distillation of prohibited 19
PENITENTIARY— "
• To amend Act to provide for re-organization of 28
To authorize receipt of prisoners from other States-.. 32 .
Section 3918 of Code repealed..*. '73
Exempting officers of from conscription.. 91
Providing for convicts sent to Insane Asylum 105
To provide water for. ' 110
PERRY COtfNTY—
Section 1748 of Code amended as to 138 .
Wm. A. Rose of, made .citizen of Dallas 151
Boundary changed t'O make N. Y. Alston' citizen of
0 Marengo ,i ....... 151
, Lewis .Anderson made citizen of. . .... 152
PHYSICIANS—
To be paid for medicines furnished indigent families of .
Soldiers >. 84
* PICKENS COUNTY— %
Act to'authorize Justices,of the Peace to appoint over¬
seers of roads in, repealed . 1G5
PIKE COUNTY—
Act for the relief of soldiers' families in 120'
POTATOES—* $■. <*
Distillation of, prohibited./. 19
PRINCIPAL AND SURETY— t- . •
•.Act for relief of securities who have -paid, Ac 24
PROFITS— , * . ;
'On gold, Ac., tax on..' '74
PUBLIC DEBT— '
To provide for -payment of interest on foreign 102
PUBLIC LANDS—* % 1
To repeal and amena Act to increase price of certain. SO
To authorize Governor to lease, Ac 81
Locations of, allotted to Railroad companies, to be re¬
turned to Commissioner. 10(>
State Tr^ct Booksttransferred to Commissioner 109
• Trespassers upon' relieved. 139
E. Shiver authorized to change entry of. 150
Patents and certificates to issue to heirs of John Flood
McGrew .*. 157
Patents to.be Avithheld in certain cases 214
PUBLIC PRINTER—
Act directing the binding oi certain copies of Acts re¬
pealed ....*. 107
^ Act to provide for election of, amended.. 108
240
QUARTERMASTER'S DEPARTMENT—
To increase efficiency of. °<
RECORD, ARMY—
To provide for making • • . 9*
RELIEF ACTS-
Eilen E. Robinson, and Elizabeth Mafia.... 44
Charles A. Toney .'. 15
45
0 Ly. • 45
40
f... 47
Executors of John I). Catlin
Wiley J. Coleman, Tax Collector
P. M. Frazier and P. A. Brandon
William B. Robinson .. MM .
Gas Light Co. of Selma, and other Gas companies 48
Dickson, Nelson A Co., and 13. G- Sturdivant 130
Jeremiah Fail. 142
Western Railroad Company 142*
II. P. Watson 143
Robert Z. Barlow, Tax Collector 143
Tax Collector of Calhoun county , . .. 144
3. B. Harmon, Tax Collector..' 144j
William Unlsey, " ... 14 3
T. C. Greenhill, • 145.
John Mosley, ' . v 145
James P. Boggan, jr.,. u > . 146
Stephen Gipson. ; x • • * 146
Virginia Matthews v..... . ...t. . .. 147
Heirs of Catharine Baker 1.. 147
Wiley Glover y. ' 140
Duncan Findlcy. :\ 140
E. Shiver. •* 15b
. Roykin Goldsby and others 15b
Edward P. Holcombe... % 151
Wra. A. Rose ». 151
N. Y. Alston............ 7 ... f 151
L. R. Davis !..... 152
Lewis Anderson 152
Ledwiu Dolive and Alexander Dolive. 152
Eliza Jane Harris 153
Mrs. Jane Kirk • t 153
T. B. Bethea 153
Charles Irby Mitchell 154
Lindsey C. Spratling. <•.... ... .u...... . 154
Algernon A. Henderson 155
James M. Calhoun. ...... 155
William S. Knox ... f ,15'
Heirs of Hardy Abney 15
Estate of Wiffiam T. Smith If