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 CALLED SESSION, 1862, 
 
 AND or THE 
 
 SECOND REGUI.AR ANNUAL SESSION 
 
 GENERAL ASSE5IBLY OF ALABAMA, 
 
 HELD IN TnE 
 
 CITY OF MONTGOMERY. 
 
 COMMENCING ON THE 
 
 27TH DAY OF OCTOBER AND SECOND MONDAY IN NOVEMBER, 1862. 
 
 JOHN GILL SHORTER, Governor. 
 
 WALTER H. CREXSIIAW, Speaker of House of Representatives. 
 R. ]\L PATTOX, President of the Senate until Nov. 10, 1862. 
 J. M. CALHOUN, President of the Senate. 
 
 MONTGOMERY, ALA.: 
 
 MONTGOMERY ADVEUTISKU BOOK AND JOB OFFICE. 
 1862. 
 
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 in 2010 witii funding from 
 Duke University Libraries 
 
 littp://www.arcliive.org/details/actsofcalledsessOOalab 
 
:'>.. 
 
 L^AVS OF ^L^BAMA. 
 
 Ko. 1.] AK 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 Geiwal Assembly f^^^'°^ *^'^^' 
 convened^ That the following rules, as to the taxation of 
 persons and property', are hereby established, to-wit : 
 
 1. All lands subject to taxation must be taxed in 
 proportion to their value. 
 
 2. Land belonging to citizens of the Confederate 
 States residing out of the State, cannot be taxed higher 
 than land belonging to persons residing therein. 
 
 3. No tax can be imposed on land, the property of 
 the Confederate States. 
 
 4. All navigable waters within the State are to re- 
 main forever public highways, tree to the citizens of 
 the State, and of the Confederate States, without any 
 tax^ imiiost, or toll thereon, imposed by the State. 
 
 o. The following persons and property are exempt 
 from taxation : 
 
 C. All property belonging to the State, or any county 
 thereof, or the State bank, or its branches. 
 
 7. All property of the Confederate States. 
 
 8. All property of literary, scientific and benevolent 
 institutions, actually used for the purposes for which 
 such institutions were created ; not exempting, how- 
 ever, any of such property when invested iti stocks, or 
 employed in any other than the regular business of such 
 institutions. 
 
18t)2. 
 
 ?uVijects & rates 
 of taxation. 
 
 Poll. 
 
 Male free ne 
 groes. 
 
 Female free ne- 
 groes. 
 
 Real estate. 
 
 Slave*, t'xcept 
 mechan'.cs. 
 
 0. Houses of religious worship, aud their appurte- 
 nances. 
 
 JO. Places, and monuments of the dead, and imple- 
 ments of burial. 
 
 11. Agricultural and horticultural instruments, im- 
 plements, vehicles and utensils, -when kept for use, 
 
 12. The ])roperty of revolutionary soldiers and their 
 •widows, to the value of one thousand dollars. 
 
 13. The property of soldiers who served in the war 
 of 1812, those who served in the Mexican war, those 
 who served in the Florida war, and those now in, or 
 who may hereafter be in the military service of, the 
 Confederate States, or who shall, at the time of assess- 
 ment, have received an honorable discharge from such 
 service, and of the widows of all such, property to the 
 value of one thousand dollars. 
 
 14. All insane persons, and their property, to the 
 value of one thousand dollars. 
 
 Sec. 2. Be it further enacted^ That taxes are to be as- 
 sessed b}' the assessor in each county on, and from, 
 the following subjects, and at the following rates, to- 
 wit ; 
 
 1. On every wliite male inhabitant between the ages 
 of twenty-one and sixty, except those in the military 
 service of the Confederate States, seventy-live cents. 
 
 2. On every male free negro, between twenty-one 
 and fifty years of age, five dollars. 
 
 3. On every female free negro, between twenty-one 
 and forty-five years of age, three dollars. 
 
 4. On all real estate, to be estimated at its real value 
 in money, and not at forced sale, according to ths best 
 judgment the assessor can form by information, in- 
 spection, or otherwise, taking into consideration its 
 location, whether in a town, city, or the country, its 
 proximity to local advantages, its quality of soil, growth 
 of timber, mines, minerals, quarries, fossils and im- 
 provements, excepting such as are herein separately 
 specified and taxed, for each hundred dollars of the 
 value thereof, and at that rate, twenty-five cents. 
 
 5. All slaves, except mechanics, tanners, shoe mak- 
 ers, or of some other trade, craft or occupation, which 
 renders them of extra value, actually engaged in their 
 trade, or those who, from unsoundness or other disability, 
 are of less value than ordinary slaves of like age, shall 
 be assessed as follows : 
 
1862. 
 
 1 On each slave under 5 years of age, 50 cents. 
 
 " between 5 k 10 
 
 a 
 
 75 
 
 " 10 & 15 
 
 '• 
 
 150 
 
 " 15 & 30 
 
 u 
 
 200 
 
 " 30 & 40 
 
 (( 
 
 150 
 
 " 40 & 50 
 
 (( 
 
 100 
 
 " 50 & 60 
 
 (( 
 
 40 
 
 3 " '• 
 
 5 " '* 
 
 6 " " 
 
 Mechanics, and others of extra value, actually engaged Mecimn-cs. 
 in their trade, and those who, from .unsoundness or 
 disability, are of less value than slaves of like age, shall 
 be valued at whatever prices the assessors, from the 
 best information to be obtained hy them, may adjudge 
 them to be worth ; and upon such valuation there shall 
 be assessed a tax of one-fourth of one per cent. 
 
 6. There is also to be assessed and collected, as asiavefund. 
 separate fund to paj- for slaves executed for capital 
 crimes, on each slave under ten years of age, one cent; 
 
 and on each over ten, and under sixty years, two cents. 
 
 7. On all passes, canals, channels, and property of the passes, canals, 
 like kind, estimated in the same manner as mills, ^^c., '^*'*""*^''''*''- 
 on each hundred dollars of the real value of the prop- 
 erty, twenty-five cents. 
 
 8. On all capital employed by agent, or otherwise, „ .. , 
 
 in tlie way 01 loan, or trading in paper, at not more atiegai inan-st. 
 than the legal rate of interest, or in tlic regular ex- 
 change business, in or during the tax year ending on 
 last day of February preceding the assessment, on each 
 hundred dollars thereof, and at that rate, thirty-three 
 and one-third cents. 
 
 9. On all money and debts purposely kept at inter- Monoy.ind.ieiti 
 est, whether lent to, or in the hands of, persons, corpo- """'^'^"^ 
 rations, or companies, in or out of the State, whether 
 
 the evidence of the debt is annually renewed or not, or 
 whether running to maturity or past due, on which tax 
 is not paid in some other form or manner to the State 
 annually, there shall be assessed and paid, for each hun- 
 dred dollars, thirty-three and one-third cents. 
 
 10. On all crops, or the proceeds tliercof, loaned or crop* loured or 
 kept at interest, there shall be levied and collected a •"'''"' '°'"*■•'• 
 tax of thirty-three and one third cents on every hun- 
 dred dollars so loaned or kept at interest. 
 
 11. On all money hoarded there shall be assessed Mon-y botrjed 
 and collected, on every hundred dollars, one dollar; 
 
 and under the term hoarded shall be embraced all mo- 
 ney withheld from circulation, as well as all money de- 
 
1862. 6 
 
 posited out of the State, money lent out of the State 
 at a less rate of interest than five per cent per annum, 
 and all money on hand : Provided, that money kept on 
 hand exclusively to purchase family supplies, not to 
 exceed the amount necessary for one year, shall not be 
 considered as money hoarded. 
 
 12. On all capital employed, by agent or otherwise, 
 Hrgre!li°r°?han iM Or duriug such ycar, in the way of loan or dealing 
 i.g;ii interest. j,j paper, at a greater rate than the legal rate of inter- 
 est, on each hundred dollars, and at that rate, one dol- 
 lar; and all bills, notes, checks, certificates of deposit, 
 or other issues, credits of any corporation, company, 
 partnership, or individual, either in or out of the State, 
 used or employed in the way of loan, dealing in paper, 
 or in a regular exchange business, is regarded as capital 
 under this section, and must be assessed as if gold or 
 silver was used or employed. 
 
 13. On each hundred dollars worth, and at that rate, 
 VuniUurcyL^' of all jcwclry, plate, household furniture, ornaments, 
 
 whether kept for use, sale, or otherwise, over the value 
 of two hundred dollars, except family portraits, fifty cents. 
 
 Ttbicies. 14. On all vehicles kept for use, and not exempt 
 
 from taxation, on each hundred dollars of the value, 
 and at that rate, fifty cents. 
 
 Neat cattle. 15. On cach licad of neat cattle, over twenty-five 
 
 head, otie cent. 
 
 Horses it mules. 16. Oil all horscs Or mulcs kept principally for the 
 saddle or harness, stud horses and jacks, on every hun- 
 dred dollars of the value, and at that rate, one dollar. 
 
 Racehorses. 17. On all liorscs whicli, in or during the tax year 
 
 preceding the assessment, have been entered, trained or 
 run, five dollars. 
 
 Capital stock of 1^' ^^* ^^'^ corporatiotis created under any law of 
 
 corporafons. this State, cxccpt rail roads, and not exempt from tax- 
 ation, on each hundred dollars of their capital stock 
 actually paid in, and belonging to persons not exempt 
 from taxation, fifty cents; but such corporation is exempt 
 from tax (if it ptiys a tax) upon its separate property, 
 equal, at its cost value, to the amount of such capital 
 stock, and so ^^ro rata in the proportion which its property, 
 separately taxed, bears to the amount paid ot its capital 
 stock. 
 
 19. On the gross amount of all auction sales made 
 
 Auction sales. • ^ • i.\ l ^• ^\ 
 
 in or during the tax year preceding the assessment, ex- 
 cept those made by executors, administrators and guar- 
 
7 1862. 
 
 dians, as such, by order of court, or under legal pro- 
 cess, and under any deed, will, or mortgage, on every 
 hundred dollars, and at that rate, ten dollars; except 
 on cargo sales of imported goods, which shall be two 
 dollars on every hundred dollars. 
 
 20. On the gross amount of premiums (after deduct- insurance pre- 
 ing therefrom all return premiums) received from their '"'"•"s. 
 business in this State, during such tax year, by any in- 
 surance company not chartered by this State, and doing 
 business herein, by agent or otherwise, on every hun- 
 dred dollars, and at that rate, two dollars: one-half of 
 
 which goes to the county where the agency is located 
 or doing business, and the other half to the State. 
 
 21. On every pack, or part of a pack of playing cards piayjng cards. 
 sold, by wholesale or retail, or otherwise disposed of or 
 
 used, during such tax year, one dollar. 
 
 22. On every article, piece of property, or sum of nanios. 
 money, put up or disposed of b}' raffle, in such tax year, 
 
 on each hundred dollars of the amount at which the 
 same is put up, and at that rate, ten dollars ; to be as- 
 sessed against the person in possession of the house in 
 which the raffle is had; and if no house, then against 
 t]ie person making up such rafle, or the owner of the 
 article or propcrt3\ 
 
 23. On each gold watch kept for use in such tax year, ooid watches. 
 by male or female, one dollar. 
 
 24. On every gold safety, vest, or fob chain, silver *"'°'<' chains, sii- 
 watch,'or clock, kept for use in such tax year, iifty cents, docks. 
 
 25. On all lawyers, surgeons, phj^sicians, and dentists, professional in- 
 who have been three years at the practice, ten dollars;'""^"" 
 
 or at their option, on each hundred dollars of their in- 
 come derived from such profession, during such tax 
 year, and at that rate, fifty cents. 
 
 20. On every legacy, where letters testamentary have legacies. 
 not been taken out in this State, received by an}' per- 
 son other than the child, adopted child, grand-child, 
 brother, sister, father, mother, husband or wife, and on 
 all property given by deed, or otherwise, to any such 
 person, on each hundred dollars of the amount or 
 value thereof, and at that rate, to be assessed to the 
 beneficiary, guardian, trustee, or legal representative, 
 five dollars. 
 
 Sec. 3. Be it further enacted^ That there shall be as- Net prosu or 
 sessed and collected a tax of five percent, upon all net*^**- 
 profits derived during the year ending on the last day 
 
1862. 8 
 
 of February, 1863, from the sale, whether at auction or 
 by private sale, of all liquors, groceries, breadstufls, 
 meats, salt, grains, provisions, leather, hides, shoes, to- 
 bacco, cotton, horses, mules, negroes, beef cattle, hogs, 
 bagging, rope, guns, pistols, powder, shot, lead, per- 
 cussion caps, candles, cigars, jewelry, gold aud silver 
 plate, and plate of other sorts, snufl" fruit, confection- 
 eries, drugs, medicines, dye-stuSs, hardware, queens- 
 ware, earthenware, cutlery, and all other kinds of mer- 
 chandize or commodities sold during said year, which 
 ^- may have been obtained by purchase or barter, whether 
 
 such purchase or barter was made before or after the 
 first day of March, 1862; and on each free bank of this 
 State, including the Savings Bank of Mobile, on each 
 hundred dollars of its stock there shall be assessed and 
 collected a sum equal to thrice the amount of the tax 
 levied on land. There shall also be assessed and col- 
 lected a tax of [five per cent, on the net profits of 
 agents, brokers, or factors for the purchase or sale of 
 .cotton or other articles of merchandize, either on do- 
 mestic or foreign account; also, on commissions of auc- 
 tion sales of any of the articles herein enumerated: 
 and whenever goods, wares, merchandize, or property 
 of any kind enumerated in this section, is the property 
 of non-residents of this State, and sold at auction in 
 this State, the same shall be subject to a tax of two per 
 cent. ; and the auctioneer selling such goods shall be 
 held liable to pay the same under the penalties herein 
 prescribed in other cases. And in estimating the pro- 
 fits under this section, it shall be done in reference to 
 the original price paid to the producer or manufacturer, 
 or paid by the importer, adding in all cases the expense 
 of transportation, insurance, exchange, and all other 
 bona fide expenses. 
 Net profl'sof ^EC. 4. B(t it farther enacted, That there shall be as- 
 sessed and collected a tax of five per cent, on the net 
 profits derived during the year ending on the last day 
 of February, 1863, from all rail roads, steam boats, om- 
 nibuses, stage coaches, hacks, warehouses, drays, saw, 
 grist, and other mills,|distilleries, breweries, tanneries, 
 foundries, forges, hotels, restaurants, establishments for 
 majiufacturing or repairing shoes, harness, hats, carri- 
 ges, wagons, guns, pistols, pikes, bowie knives, estab- 
 lishments for manufacturing iron, woolen and cotton 
 goods, cotton yarns, or for carding and spinning woo 
 
 incomes. 
 
9 1862. 
 
 or cotton, mining, quarrying, working marble, and all 
 other kinds of manufacturing establishments, presses 
 for compressing cotton, printing establishments, cotton 
 pickeries, wharves, toll bridges, ferries, and^livery sta- 
 bl«8; also a tax of five per cent, upon the net profits 
 realized by any express companj'-, telegraph and gas 
 companies, brokers and dealers in exchange. 
 
 Sec. 5. Be it farther enacted., That in estimating the now net profits 
 net profits under the preceding section, it shall be done led!"*"^"'"""' 
 in reference to the amount of capital actually invested 
 and necessarily employed, and shall include the profits 
 on sales and re-sales, made directlj' or indirectl}^ either 
 in or out of this State. 
 
 Sec. 6. Be it farther enacted, That no tax shall be ^^en net pro. 
 assessed and collected upon the capital employed in any fi«3 are taxed, no 
 business the net profits of which are taxed by any lawtaK^" 
 of this State, except on capital employed in tanneries, Exception, 
 and establishments for manufacturing woolen or cotton 
 goods, cotton yarns, or in the manufacture and sale of 
 shoes, or invested in steam boats. 
 
 Sec. 7. Be it farther enacted, That upon all notes or chamre biiig or 
 bills, drafts, orders, checks, certificates of deposit, or ^ea°r'''u)*'*5iarc'ii 
 paper of any kind or form, heretofore emitted without iscs. 
 the authority of the law of Alabama, by and on behalf 
 of, or for the benefit of any resident of this State, or 
 on the behalf of, or for the benefit of any corporation 
 created by or under any law of this State, or doing bu- 
 siness in this State, or on behalf of, or for the benefit of 
 any individual or partnership in this State, to answer 
 the purposes of money, or for circulation as money o.r 
 change bills, \Miethcr made or emitted in or out of the 
 State, there shall be assessed and collected on the 
 amount of all such notes, bills, drafts, orders, checks, 
 certificates of deposit, or paper money of any kind or 
 form, so emitted or put into circulation, a tax of two 
 and one-half per cent, for the tax year ending on the For each year 
 last day of February, 1863 ; and for each tax year there- '»'"«»'»«'• 
 after, there shall be assessed and collected a tax of fif- 
 teen per cent, upon such amount as may be outstand- 
 ing and unredeemed at the commencement of such tax 
 year: Prodded, howcccr, That every kind of paper re- ' 
 ferred to or mentioned above in this section, emitted >^ 
 
 by any court of county commissioners, or any munici-", '"^. 
 
 pal corporation in this State, shall be exempt from tax-''"" 
 ation. 
 
1862. 
 
 1% 
 
 Sec. 8. Bcil further enacted, That the establishment 
 of the rates of taxation in the preceding section shall 
 be a repeal of all penalties and penal laws as to every 
 kind and form of paper in said section embraced, which 
 has heretofore been made and emitted, but shall not be 
 Repeal of certain a repeal of any existing law as to any such paper here- 
 penaitieB. after made and emitted, or which may be hereafter re- 
 issued: Provided, The benefits of this section shall 
 Proviso. jjqI; apply to any party who fails, on presentation, to 
 
 redeem any kind or form of paper herein embraced. 
 
 Sec. 9. Be it further enacted, That upon all cotton 
 hereafter planted and gathered, there shall, tor each 
 ^and "gathered'* y*^^*'' ^^ asscsscd and collectcd on each pound of seed 
 i^reafter. cottou, ovcr and abovc twenty-five hundred pounds of 
 seed cotton, made and gathered during the tax year, to 
 ever}' full hand employed in raising and gathering the 
 same, by any one party, or on any one plantation or 
 farm, a tax of ten cents per pound for every pound of 
 excess over and above twenty-five hundred pounds to 
 each full hand employed in raising and gathering the 
 same; or if the crop be ginned, then every pound of 
 ginned cotton shall be estimated as equal to four pounds 
 of seed cotton: Provided, That no tax shall be ira- 
 Proviso. posed on any cotton planted after the proclamation of 
 
 the governor announcing that peace has been made be- 
 tween the Confederate States and the United States, 
 or that the blockade of the ports of the Confederate 
 States has been removed. 
 Profits nnder Sec. 10. Pc it furthcr cnactcd, That upon profits un- 
 
 Confederate con- , »' • i i i- i 
 
 tract. der contracts with parties who, by reason or such con- 
 
 tracts, are released and exempted from military service 
 in the army of the Confederate States, there shall be 
 assessed and collected a tax of ten per cent. And upon 
 all wages or salaries of persons who, by reason of any 
 
 Wages or saia- enga";ement, appointment, or contract in any depart- 
 
 ries of Confcde. » ^ ,, ,, ' /-{ ^ r , , '>-, , i. l 
 
 rate employees, mciit ot the Contcdcrate Government are exempted 
 from conscription, ten per cent, on such wages or salary. 
 Sec. 11. Pe it further enacted, That all persons en- 
 gaged in any business, or pursuit, the receipts, sales, 
 profits, commissions and salaries of which, or capital 
 
 ^^menu under^' ©mploycd in which, are subject to assessment and taxa- 
 tion under the provisions of this act, shall furnish a 
 written statement, under oath, of such receipts, sales, 
 salaries, commissions, profits or capital, to the assessor; 
 
11 1862. 
 
 and any person willfully tailing or refusing to do so 
 shall be guilty of a misdemeanor, and on conviction 
 thereof must be tincd not more than two thousand dol- 
 lars, and may be imprisoned not more than one year, 
 one or both, at the discretion of the jury trying the 
 case. 
 
 Sec. 12. Be it further enacicd. That to enable the as- AuUionty con- 
 
 r n 1 i.1 1 1 i. 1 ii ferred on Assess- 
 
 sessors more lully and thoroughly to carry out the pro ors. 
 visions of this act, and other laws of the State, on the 
 subject of revenue, they are hereby authorized and cm- 
 powered to examine any other person on oath as to 
 the correctness of any list of assessment that may be 
 rendered, or as to the correctness of the valuation of 
 any property assessed ; and it is made the special duty 
 of assessors to inquire into the correctness of all lists 
 of assessment rendered, as well as the fairness of the 
 valuation under every assessment, and whenever he 
 shall have reason to suspect that either the one or the 
 other has not been correctly and fairly given in, lie shall 
 call in such persons as are likely to know as to the cor- 
 rectness of the assessment, or fairness of the valuation, 
 and examine them on oath in relation to such assess- 
 ment, or valuation ; and any person refusing to be ex- 
 amined, or withholding any information on such exam- 
 ination, shall be guilty of a misdemeanor, and on 
 conviction thereof shall be fined not less than five hun- 
 dred dollars, at the discretion of the jury trying the 
 case. 
 
 Sec. 13. BeitfurtJter enacted^ That it is hereby made Duty of comp- 
 the duty of the comptroller to see that the assessment ^^^''^^.^'^'J^'^*^; 
 of taxes on steamboats and other water crafts, wharves, •'"a'*, -^c. 
 toll bridges, ferries, turnpikes, foundries, &c., is duly 
 observed and executed, and for this purpose he may 
 appoint an agent, or attorney, in any of the principal 
 cities or towns, or any other prominent point in the 
 State, and allow to such attorney, or agent, a fair com- 
 pensation for his services. It shall also be his duty to 
 inquire into and correct past omissions to assess and ■,,,,., 
 
 II 1 1 • 1 -1 • 1 • runner duij. 
 
 collect the tax on the items above named in this sec- 
 tion. 
 
 Skc. 14. Be it furtJicr enacted, That it shall be the oommissiuner*' 
 duty of the commissioners' courts of the several eoun-^^^''^^''p,J*^'»« 
 ties to revise and comj»are the assessment list, and if, in 
 their opinion, there is any omission, discrepancy, irreg- 
 ularity, or error in the assessment, or valuation of pro- 
 
1862. 'fft 
 
 pcrty, profits, or salaries, they shall, so far as to any 
 such supposed omission, discrepancy, irregularity or 
 error, direct a re-assessment to be made, either by the 
 assessor or such other person or persons as they may 
 deem most suitable and competent. 
 
 Sec. 15. Be it further enacted, That if any person 
 shall fail or refuse to render to the assessor of the pro- 
 per county a correct list or statement of all property 
 and profits, including salaries subject to taxation, or 
 shall otherwise evade, or attempt to evade, a compli- 
 Penaity for in- aucc With tlic rcvenuc laws of this State, he or she 
 correct list. shall bc guilty of a misdemeanor, and on conviction 
 fined and imprisoned, one or both, at the discretion of 
 ■ the jury trying the case: one-half of any fine imposed 
 under the provisions of this section shall be paid to any 
 person informing the grand jury of the oti'onse, and 
 such informer shall be a competent witness in all trials 
 against such oflxjnders. 
 
 Sec. 16. Be it further enacted, That the ascertainment 
 Valuation to be of all valucs aiid amounts under the revenue laws of 
 i)aper*'*urrenc>\ this State shall bc upou the basis of the paper currency 
 receivable in payment of taxes at the time the assess- 
 ment is made. 
 
 Sec. 17. Be it further enacted, That it shall be the 
 diTribL^te^'biank duty of the Comptroller of public accounts to have 
 forms. printed and distributed, to the assessors and collectors 
 
 of the several counties of this State, blank forms set- 
 ting forth each item of taxation, and that each partj 
 giving in any property or item subject to taxation shall 
 give in the same in the form prescribed in the assess- 
 ment list, subscribed and sworn to; all of which lists 
 shall be filed in the office of the judge of probate. 
 Collector to fill Sec. 18. Bs it further enuctcd, That the collector shall 
 eLr tax-p^yen fill up a bhuik for each tax payer, setting forth the 
 items on which he pays tax, according to assessment, 
 and that lie receipt the same; and upon the failure of 
 Penally for fall- any asscssor or collector to comply with the provisions 
 '"^' of this, or the preceding section, he shall be guilty of 
 
 a misdemeanor, and on conviction fined at the discre- 
 tion of the jury trying the case. 
 
 Sec. 19. Be it further enacted, That it shall be the 
 
 mlllioli^Tt' ^l"*-y ^^ tl^^ commissioner of the land office annually 
 
 Land Office. to fumisli the comptroller of public accounts with a 
 
 statement of the number of acres of land sold and 
 
 entered in the State — shewing the nruraber of acres in 
 
13 1862. 
 
 each county; also, the number of acres of land unsold 
 in the State, and the number of acres belonging to or 
 reserved for railroads in the State; shewing also the 
 number of acres vacant and the number belonging to 
 or reserved for railroads in each county. 
 
 Sec. 20. Be it further enar.kd, That it la hereby made ^33';°",fpJ° 
 the duty of the comptroller of public accounts, in his'""»'*''°'^'*<^' 
 annual report, to show the number of acres of land 
 subject to taxation in the State, the number of acres 
 taxable in each county, and the number actually as- 
 sessedand paying tax in each county; also, the quan- 
 tity of vacant lands in the State, the quantity belong- 
 ing to or reserved for railroads in the State, as well as 
 the quantity of each class in the several counties of 
 the State. 
 
 Sec. 21. Be it further enacted, That the tax year shall The tax year. 
 be the year ending on the last day of February in each 
 year. 
 
 Sec. 22. Be it farther enacted, That all laws and parts c»rtaiiiiaws re- 
 of laws in conflict with the provisions of this act be, ''^*^'^' 
 and the same are, hereby repealed; and that all laws 
 and parts of laws not in conflict therewith be, and the 
 same are, hereby continued in force, and shall be em- 
 braced iti any compilation of the laws on the subject unued in force. 
 of revenue that has been, or maybe, provided for by 
 any act ol this general assembly. 
 
 Sec. 24. Be it further enacted. That the following taxes Taxes and iicen- 
 and licenses shall be assessed and collected by the judge f,\ by ^'r'oba'ie 
 of probate, to-wit: * •'"•''^"• 
 
 1. On every legacy subject, under the provisions of 
 this act to assessment, left by any will, on which let- 
 ters testamentary are taken out in this State, there 
 must be assessed and collected, by the judge of probate 
 of the county in which such letters are taken out, on 
 every hundred dollars, and at that rate, of the value orLcgaciei. 
 amount, five dollars; and if not paid on the receipt of 
 such legacy, such judge must issue execution for the 
 amount of such assessment, against the executor, or 
 administrator, and his securities, to be collected and 
 returned as other executions from the probate court. 
 
 2. On each lecture, to which entrance fees are charged, i,ccture«. 
 four dollars; if not paid to the judge of probate on de- 
 mand, the lecturer to be brought before such judge, 
 
 and fined ten dollars for each lecture he has failed to 
 pay for on demand. 
 
1862. 
 
 14 
 
 Certificate tinder 
 official seal. 
 
 Ltcensep, 
 
 Retail. 
 
 AuctloneerB, 
 
 J)aguerreotyp- 
 Isis, &c. 
 
 Demists, 
 
 Billiard tables. 
 
 Bagatelle. 
 
 Ten -pin Alley. 
 
 3. On each certificate, under their official seal, ex- 
 cept for the benefit of a soldier, or his family, and on 
 all licenses, except marriage licenses, the judge of pro- 
 bate must collect a tax of fifty cents. 
 
 4. Licenses are to be granted and issued on the pa}*- 
 raent of the following sums as State tax, the county 
 tax thereon, and fees: 
 
 5. To retail, for one year, spirituous or vinous liquors, 
 on any steamboat or water craft, one hundred and 
 twenty dollars; in a city, or town having more than 
 one thousand inhabitants, one hundred and fifty dol- 
 lars; in a cit}', town or village having more than five 
 hundred, and less than one thousand inlnbitants, eighty 
 dollars; in cities, towns and villages having less than 
 five hundred inhabitants, sixty dollars; and in the 
 country, forty dollars. 
 
 G. To carry on the business of an auctioneer through- 
 out the State, for one year, forty dollars. 
 
 7. To practice or carry on the business, for one year, 
 of a daguerreotypist, ambrotypist, photographist, or 
 any modification, or improvement, or form thereof, in 
 taking pictures, either on glass, paper, metal, or in any 
 other way, by whatsoever name they may be known, 
 or may call themselves, at one station in the county, 
 or in a village not having more than five hundied in- 
 habitants, ten dollars; in towns with not more than 
 four thousand inhabitants, fifty dollars; to practice the 
 art generally, anywhere in the State, one hundred dol- 
 lars. 
 
 8. To carry on the business of dentistry, by any 
 transient dentist, who has not been a resident of the 
 State for twelve months, for one year, throughout the 
 State, one hundred dollars. 
 
 9. To keep a billiard table for public play, for one 
 year, one hundred and fifty dollars; at a watering place, 
 for six months, seventy-five dollars; but if used for a 
 longer time than the six months, under any pretence, 
 the owner or proprietor of the table shall be liable to 
 indictment in the same manner as if no license had 
 been granted. 
 
 10. To keep a bagatelle table for public play, for one 
 3^ear, twenty dollars. 
 
 11. To keep a ten-pin alley, or alley of the like kind, 
 for public play, for one year, fortj' dollars; at a water- 
 ing place for six months, twenty dollars ; but if used 
 
15 '1862. 
 
 for a longer time than six months, tlie same penalty is 
 imposed as for a billiard table. 
 
 12. To keep any other table, stand or place, for any Any other table, 
 other game or play, with or Avithout a name, for one '^''"'^"'^''''^"' 
 year, unless for exercise or amusement only, and not 
 prohibited by law, twenty dollars. 
 
 13. To keep a public race track, for one year, on ev-P"^biic nace 
 ery hundred dollars, and at that rate, of the gross an- 
 nual income, as near as the same can be ascertained, ten 
 dollars; but \n no case less than fifty dollars. 
 
 14. For theatres in a city, two hundred dollars; in Theatres. 
 a village or w^atering place, sixty dollars for one year. 
 
 15. For concerts or musical entertainments for pro- concerts, 
 fit, for each, ten dollars. 
 
 16. To exhibit, fin' profit, any museum, wax works, 
 menageries, or curiosities of any kind, except paintings Museum*, Mena- 
 and statuary, on each day's and night's exhibition, ''^ ' 
 twenty dollars. 
 
 17. To exhibit dwarfs, persons of unusual size, or j,j^jj,.t,„„g ^^ 
 persons or animals deformed, throughout the State, for "warfs.&c. 
 any one day, fifty dollars; but not to exceed two hun- 
 dred dollars for an}- number of exhibitions in the same 
 
 place, on consecutive days, exclusive of Sundays. 
 
 18. For the exhibition of a circus, feats of activity, oircuscB, ac. 
 and sleight of hand, for each exhibition, not exceeding 
 twenty-four hours, twenty dollars. 
 
 19. To peddle for oi^.e year, on any one steamboat or P^^dUog. 
 water craft, one thousand dollars; in a wagon, for each 
 wagon in a county, one thousand dollars; for each 
 horse in a county, five hundred dollars; on foot in each 
 county, three hundred dollars for each person. 
 
 20. For exhibiting spirit rappings, spiritual maniles-spiru-ropping. 
 tations, or other device, by whatsoever name called, 
 
 which professes to reveal communications from the 
 spirits of the living or the dead, for profit or otherwise, 
 live hundred dollars for each day they shall exhibit. 
 
 21. To sell, offer, or expose for sale, by a negro trader, If ^[^i"" •"'* 
 broker or agent, for the sale of slaves, twenty dollars 
 
 on each slave; but this tax is not to be imposed on 
 such slaves as may be sold on commission for citizens 
 of this State, wlien the owner or owners, or any one of 
 
 .1 ii i- I . i -11 1 As to retidcDl!!. 
 
 tnem. or the auctioneer, broker or agent, will make 
 affidavit in writing, to whom such slaves belong, that 
 8ucli owner or owners of such slaves are residents of 
 this State, and have owned sucli slaves for more than 
 
1862. if 
 
 one year immediately preceding such sale, oft'er, or ex- 
 posure for sale, and upon which slaves the regular 
 State and county taxes for the year in which such pro- 
 perty nia}' be sold, shall have been paid before such 
 sale; but shall in no case apply to any slaves owned by 
 
 any trader, broker or auctioneer, or other person sell- 
 License must set . "'i 1^. ;. rnii- 
 
 forth. ing slaves on speculation, or as a business, ihe license 
 
 to authorize the sale, ofl'er, or exposure for sale, in any 
 county of the State, must set forth the name and de- 
 scription of the slaves, except in the case of small chil- 
 dren having no name, which must be described by their 
 ages. 
 
 22. All licenses, unless otherwise declared b}' law, 
 u!"bTfbr'''"ne ^^^^ ^^ ^^^ ^"^ jsar, aud confined to the county in 
 year. which they are granted; and when issued for retailing, 
 
 keeping billiard tables, ten-pin alleys, or alleys of the 
 like kind, or any stand, table, or place for any other 
 game or phi}', to one place only in the county; and in 
 all cases to the person alone to whom the license is 
 granted; and it is hereby expressly made the duty of 
 the judge of probate of each county, by himself or 
 agent, to inquire of every person doing, or oflering to 
 do, any business for which a license is required, and 
 ascertain whether the law has been complied with, and 
 if not, to cause the person to he bound over to court. 
 
 23. If any person does any act, engages in any busi- 
 without license,. n ess, kccDS auv table, opens any theatre, gives any con- 
 
 the penaiiy. , ' , .', .,. ' ' n^ '' ■ n i • ^y • l 
 
 cert, exhibition, or performance, specified m this act as 
 the subject of a license, or being a negro trader, broker, 
 or agent for the sale of slaves, sells, offers, or exposes 
 fgr sale any slave, without first obtaining a license 
 therefor from the proper authority, he is guilty of a 
 misdemeanor, and, on conviction, must be fined at the 
 discretion of the jury trying the case; and if the con- 
 viction is for selling spirituous or vinous liquors with- 
 out a license, the court may imprison the offender not 
 exceeding sixty days. 
 
 24. In those cases in which a license is not confined 
 Persons to ex- to onc couuty, it is the duty of the judge of probate to 
 
 iubit license in . ,.1 r-n- ii> ^ • 
 
 certain cases, rcqun'c ot tlic pcrsou followHig the busiucss, or doing 
 the act, to exhibit his license; and on his failure so to 
 do, or if he has any reason to suppose that such person 
 
 Penalty for fail- jj^s violated the pi'ovisions of this section, such judge 
 must at once issue his warrant to any sheriff, or con- 
 stable, and cause such person to be brought before him, 
 
It 1862. 
 
 and boimd over to the next circuit court of tlic county 
 in a sum equal at least to double the amount of the 
 license money; and failing to give security, he must be 
 committed to jail until such Bccurity is given, or he is 
 otherwise discharged by law; but if such person, on 
 being brought before such judge of probate, pays the 
 amount of license money, count}^ tax, fees, and all coats, 
 he may be discharged. 
 
 25. The judge of probate of each county must, on 
 the first day of each circuit court, furnish to the fore- PiobatcJuigc 
 
 L' A.) 1 ' LI. i.* 'i.' 1 • must furni^li i') 
 
 man or the grand jury a statement in writing, showing Grandjur;. 
 the licenses granted under this act, within two years 
 preceding such court, to whom, and for what, such 
 license was granted; and failing so to do, on convic- 
 tion, must be lined not less than one hundred dollars. 
 ArpROVED, Dec. 9, 18G2. 
 
 Xo. 2.] AN ACT 
 
 To amend an act, approved Dec. 7, 18G1, entitled an act, 
 to exempt from taxation a certain amount of property 
 of volunteers, and the widows of deceased volunteers. 
 
 Sec. 1. Be it enacted by the Senate and House of Repre- 
 sentatives of the State of Alabama in General Assembly 
 convened, That an act to exempt from taxation a certain 
 amount of property of volunteers and the widows of 
 deceased volunteers, approved December 7th, 18G1, be 
 and the same is hereby amended, by striking out the" soi.ivi-s- for 
 word "volunteers wbenever it occurs, jnui inserting in 
 lieu thereof the word "soldiers." 
 
 Approved, November 17, 1862. 
 
 No. 3.] AN ACT 
 
 To authorize the Courts of County Commissioners of 
 the different counties of this State to levy a tax tor 
 the support of indigent families of soldiers and other 
 purposcTs. 
 
 •Skc. 1. Be it enacted by the Senate and House of licpre- 
 2 
 
rm. 18 
 
 seiUadces of the State of Alabama in General Assembly 
 convened, That the courts of county commissioner of 
 
 Limit oftax. thc tliftcrent countics of tliis State are liereby author- 
 ized and empowered to levy a tax not exceeding one 
 liundred per cent, upon the State tax, in the discretion 
 of the said courts, for the purpose of supporting, main- 
 taining and providing for tlie wants of the indigent 
 families of soldiers absent in the arniy of the Confed- 
 erate States, the same to be applied and distributed by 
 the said courts respectively as they may order and pro- 
 vide. 
 
 p.-rmerievk-sic Sec. 2. Be U fuvtlier enacted , That all and every tax 
 which may liave been assessed and levied, and any ap- 
 propriation heretofore made by any court of county 
 commissioners in this State for the purpose specified in 
 the first section of this act, be and the same is hereby 
 legalized and made valid, as if the same liad been done 
 in pursuance of law existing at the time of making the 
 same. 
 
 Approved November 8, 1SC2. 
 
 No. 4.] AN ACT 
 
 To repeal the tnx on County Seals in certain cases. 
 
 Sec. 1. Be it enacted by ilic Senate and House of JRcj^rc- 
 scntatives of the State of Alabama in General Assembly 
 convened, That the tax on county seals autliorized by 
 section 396 of the Code of Alabama, be and the same 
 is hereby repealed as to seals upon applications by non- 
 commissioned oflicers and privates, or theif tepresenta- 
 tives for pay on account of military services, or on ap- 
 plication to extend furloughs. 
 
 Approved December 2, 1862. 
 
 No. 5.] AN ACT 
 
 To prevent Extortion, 
 Sec, 1. Be it enacted by the Senate and House of Bejyre^ 
 
19 1862. 
 
 sentatkcs of tne State of Alabama in General Asscmbbj 
 convened^ That from and after the passage of this act it 
 shall be required of every person or persons, or associa- 
 tion of persons, who rnay buy, barter or trade for any 
 bacon, beef, pork, corn, meal, flour, salt, sugar, molas-"'^*"''"^''''- 
 ses, leather, shoes, hides, cloth, spun yarns, or any goods, 
 wares or merchandize of any description (exce[>t drugs 
 and medicines) in this State, for the purpose of sale or^es^so"."* ^^ *' 
 specuhition, to give in the same to the tax assessor^of 
 bis county on oath what he, sbe or they paid for such 
 article or articles, and what the gross sale of the same 
 was made at ; whereupon, it shall be the duty of said ^>a'yofa"cssor. 
 assessor to assess the whole amount of the nett profits 
 of said sale, except flfteen per cent, on the amount paid Per cent, 
 for such article or articles, and enter the same on his 
 appraisement book, which shall be collected as other 
 taxes are now collected; Provided, this act shall not be proviso, 
 so construed as to include any live stock bought and 
 sold. 
 
 8ec. 2. Be it further enaeted, That if any person, not as to non-rcsi- 
 being a citizen of this State, shall bu}', barter for sale, ^ ' . 
 or get possession of any of the above-named articles 
 within this State, for sale or speculation either in or 
 out of this State, he shall be guilty of a misdemeanor, offence, 
 and it shall lie the duty of justices of the peace in the 
 election |»recinct in W'hich the offence is committed, up- 
 on information, to issue his warrant against the said To be bound 
 party so otfcnding, and bind him over to the next cir- *'^"' 
 cuit court to answer such charge against hirn, and if 
 found guilty shall be fined in any sum or imprisoned 
 any length of time at the discretion of the court try- 
 ing the same. 
 
 Sec. 3. Be it further enacted, That if any person or as toihoKcwbo 
 persons, or association of persons, shall neglect or re- ''^'^"■'^' 
 fuse to give in his, her, or their tax as required by the 
 first section of this act, it shall be the duty of the said 
 assessor to assess a double tax upon such [>erson or per- Dmweux. 
 sons, or associations of perilous, from the hest informa- 
 tion he can obtain. 
 
 Sec. 4. Be it further enacted. That any person who 
 shall knowingly give in an improper or incorrect list of 
 big purchases and sale.", as required by the first section penalty for in- 
 of this act, shall on conviction suflcr all the pains and '^"'■"''*"•^• 
 penalties inflicted for perjury. 
 
 Sec. 5. Be it farther enactedy That during the present 
 
1862. 
 
 20 
 
 Unlawful to pur- 
 clinfe '.o i-cll in 
 same place. 
 
 From whom pur- 
 chased. 
 
 Exception. 
 
 Auction sales 
 oolawful 
 
 Judicial sales 
 escepttttt. 
 
 Penilty for vio 
 latioQ. 
 
 Fee for eacl' con 
 victioiL 
 
 Proviso. 
 
 wnr between the Cojifederatc States and the ITnited 
 tStatcs, ic sliall not be hiwful for any person to purchase 
 and sell, or purchase for the purpose of selling or hoard- 
 ing in the same market or ?icighborhood where pur- 
 chased, any article or thing whatever used or consumed, 
 or suitable to be used or consumed as food, shoes or 
 clothing, (except raw cotton) or as material for the pro- 
 duction or manufacture of either food, shoos or cloth- 
 ing of any kind or description whatever needed for the 
 support and comfort of the inhabitants of this State, 
 from any merchant, trader, huckster, producer or other 
 person other than the person importing such articles in 
 the State holding the same on sale in such market. 
 
 Sec. 6. Be it further enacted, Thatfor the period pre- 
 scribed in the preceding section, it shall not be lawful 
 for any person to sell, or cause to be sold, at auction, 
 any of the articles of food, shoes or clothing, or mate- 
 rials therefor embraced in the preceding section ; Pro- 
 vided, that the inhibition of this section shall not apply 
 to judicial sales made in conformity to the requirements 
 of the order or decree of any court of this State, or of 
 the Confederate States, nor to any sale made by any 
 trustee or mortgagee, under a power of sale bona fide 
 conferred on him for the purpose of securing the pay- 
 ment of a debt or debts actuallj' due and ov,'ing from 
 the maker of the deed or mortgage conferring such 
 power; and if an^^ person shall violate or knowingly 
 aid or abet in the violation of any of the provisions of 
 this or the preceding section of this act, he shall be 
 guilty of a misdemeanor, and on conviction shall be 
 fined in any sum not exceeding twenty thouf^and dol- 
 lars, and be imprisoned in the count}' jail for any period 
 not exceeding twelve months at the discretion of the 
 jury trying the cause. 
 
 Sec. 7. Be it further enacted, Thatfor eajh conviction 
 under the provisions of this act, the attorney -general 
 or solicitor shall bo entitled to a fee of fifty dollars, to 
 be taxed against the party convicted, and collected as 
 other costs ; Provided, the Governor by his proclama- 
 tion may suspend the operation of this act as to all or 
 any portion of the articles herein set forth whenever he 
 thinks the interest of the people of the State demands 
 it. 
 
 Approved December 0, 1862. 
 
 
21 18G2. 
 
 No. 6.] AX ACT 
 
 To authorize a compilation of the Revenue Laws, and 
 their puhlication in .pnmphlct form. 
 
 Sec. 1. Be it enacted by the Senate and House of Rcprc- (^omptroikT 
 senlatives of the btatc of Alabama in (jrcncrai Assembli/ Gewr^i to wm- 
 convened, That immediately after the adjournment of'"''"-- 
 the present session of the Legislature, or as soon there- 
 after as practicable, it shall be the duty of the Comp- 
 troller of Public Accounts, under the supervision and 
 direction of the Attorney CTcneral, to collate and com- 
 pile all the laws then in force upon the subject of the 
 revenue of the State, properly arranged by divisions 
 into chapters and sections, with side notes and index, 
 60 as to be most convenient for understanding and easy 
 of reference. 
 
 Sec. 2, Be it further enacted, That said revenue lawsS'y'e "f PHm- 
 so compiled and arranged shall be printed in pamphlet 
 or book form b}' the public printers, in ^he same style 
 ill which the acts of the legislature are required to be 
 printed, with a paper cover and title page, aiid that six Number of cop- 
 hundred copies thereof be delivered to the comptroller 
 by the 10th day of February next, who shall imuiedi- 
 
 '' , 11-1 • . 1 1 . • 1 How dittribufeJ 
 
 ately send by mail seven copies to each probate judge, 
 one for each member of the court of couJity commis- 
 sioners, the tax assessor and tax collector of his county, 
 and one copy to each member and officer of the gen- 
 eral assembly. 
 
 A[>proved December 2, 18G2. 
 
 Xo. 7.] AX ACT 
 
 To make appropriations for the fiscal year ending ou 
 the 8<lth day of September, 18G3. 
 
 Section 1. Be it enndrd hj the Se 'ate and House of lie p- 
 resenfatives of the State of Alabama in General Assembh/ 
 convened^ That the following sums of money be, and 
 th(! same are liereby jippropriatcd to be paid to the fol- 
 lowiiijf jtcrsons, in the jiayment of claims against the 
 State for tlie fiscal year cncling on the 3<ith day of Sep- 
 tember, one thousand eight hundred and Kivfx three: 
 
1862. 22 
 
 Executive ana ^0 tliG o-ovcnior of tliG State, four tlionsnnd dollars. 
 
 other offlcere. m i S^ • » i i i n 
 
 To the btute treasurer, eighteen nunai'ed dollars. 
 
 To secretary- of state, sixteen hundred dollars. 
 
 To comptroller of public accounts, two thousand 
 dollars. 
 
 To the superintendent of education, two thousand 
 dollars. 
 
 To the commissioner of public lands, twenty-five hun- 
 dred dollars. 
 
 To the supreme court reporter, twelve hundred dol- 
 lars. 
 
 To pay salary of clerk in comptroller's office, one 
 thousand dollars. 
 
 To the judges of the supreme court, each, tour thou- 
 sand dollars. 
 
 To pay salary of clerk in treasurer's office, seven hun- 
 dred and fift}'- dollars. 
 
 To the judges of the circuit courts, each, two thousand 
 dollars. 
 
 To the chancellors, each, two thousand dollars. 
 
 To the attorney general, four hundred and twenty- 
 five dollars. 
 
 To the solicitors of the judicial circuits, each, two 
 hundred and fifty dollars. 
 
 To the adjutants and inspector generals, four dollars a 
 day for each day they shall be engaged in the actual 
 duties of their office, not to exceed two hundred dol- 
 lars, each. 
 
 To the quartermaster general, three hundred dollars. 
 
 To the State armorer, one hundred and fifty dollars. 
 
 To the keeper of the State-house, one hundred and 
 fifty dollars. 
 
 To the [)rivate secretaries of the governor, fifteen hun- 
 dred dollars. 
 
 To the marshal of the supreme court and State libra- 
 rian, one thousand dollars, to be paid quarterly as other 
 salaries. 
 
 To the principal secretary of the senate and the prin- 
 cipal clerk of the house, each, seven dolhirs per day for 
 each day of the extra and present regular session. 
 
 To the assistant secretary of the senate, and the as- 
 sistant and engrossing clerks of the house, each, six 
 dollars per day for each day of the extra and present 
 regular session. 
 
 For the pay of such additional clerks as may be em- 
 
23 18G2. 
 
 plo^'ed by the senate and house, six dollars per day, 
 each, for the number of days so employed. 
 
 To the (h'auLi^htsman in the i)ublie hind office, twelve 
 hundred dollars. 
 
 To the doorkeepers of the senate and house, each, 
 five dollars per day. 
 
 To the messengers of the house, one dollar per day, 
 each. 
 
 To the secretary of the senate and principal clerk of 
 the house, each, for completing the journals of their 
 respective houses, arranging and filing away papers in 
 proper order for the next session of the general assem- 
 bly, one hundred and fifty dollars. 
 
 To the secretary of state, for copying the journals of 
 both houses, at the extra and present session, reading 
 proof sheets and superintending the printing of the 
 same, for placing marginal notes and preparing indexes 
 to the laws and journals, and the distribution of the 
 same, four hundred dollars. 
 
 For contingent expenses in the office of superinten- 
 dent of education, nine hundred dollars. 
 
 Sec. 2. Be it further enacted^ That the sum of one 
 thousand dollars, or so much thereof as may be neces- 
 sar}-, be, and the same is hereby appropriated for the 
 purchase of stationery for the general assembly, execu-porsiaiioie y. 
 tive and state offices, and judges of the supreme court, 
 and the comptroller shall draw his warrant therefor on 
 the presentation of an original voucher, with tlie certi- 
 ficate of the secretary' of state that the same is correct. 
 
 Sec. 3. Be it farther enacted, That the sum of eight For .lis-riiHii ion 
 hundred dollars is hereby appropriated to pay for the ^^^,[''»"'"^'<"'^ 
 distribution of the laws and journals of the extra and 
 present sessions of the general assejubly, and the comp- 
 troller of puldic accounts shall di'aw his w'arrant on 
 the treasurer in favor of the several agents engaged in 
 the distribution, upon their producing the certificate 
 of the secretary of state, that the sums charged are ac- 
 cording to contract, and that the services have been 
 performed. 
 
 Sec. 4. Be it further enacted, That tlic comptroller of ^"'y "f <™p- 
 public accounts is hereby authorized and recpiircd to 
 draw his warrant on the State treasurer for tlie several 
 sums of money herein appropriated, at the times pay- 
 able by law, on the production of proper vouchers and 
 receipts therefor. 
 
1862. 24 
 
 an;rjH"tiJn."'^ Sec. 5. Bc U further enacted, Tliat the sum of fifty 
 thousand dollars be, and the same is hereby set apart 
 as a contingent fund, to meet extraordinary expenses 
 and contingencies, to be drawn on the warrant of the 
 governor. 
 f Approved, Dec. 9th, 1862. 
 
 Xo. 8.] AIs^ ACT 
 
 To pay the Members and Officers of the present Gen- 
 eral Assembly. 
 
 Section. 1. Be it enacted b>/ the Senate and House of Rep- 
 resentatives of the State of Alabama in General Asscinhhj 
 convened, That the sum of thirty thousand dollars be, 
 and the same is hereby appropriated out of an}' money 
 in the treasurj^ to pa}* the members and officers of the 
 present general assembly. 
 
 Apphoved, Nov. 3d, 1802. 
 
 No. 9.] AN ACT 
 
 Making appropriations for the Military Defense of Al- 
 abama. 
 
 Section 1. Be it enacted b)j the Senate and Mouse of Bep- 
 Governor to rcscntatives of thc State of Alabama in General Assembly 
 
 ■Iraw his order. , mi , , , * i i i • i i 
 
 convened, i hat tiic governor be, and he is hereby au- 
 thorized to draw his order on the auditor of the treas- 
 ury, to defray the expenses of the Pay department, 
 Quartermaster's department, Commissary department, 
 Ordnance department and Medical department, to be 
 How to bepsid. paid out of tlic appropriations under the several acts 
 "To provide for the public safety,'" "To provide for 
 the defense of Mobile," and "For the defense of the 
 northern part of this State," enacted at the late extra 
 and present regular session, or out of any money in 
 the treasurv not otherwise appropriated. 
 Approved, Dec. 9, 1802. 
 
25 11862. 
 
 No. 10.] AN ACT 
 
 Authorizing the transfer of certain funds heretofore 
 raised for special purposes to the General Fund of 
 the State Treasury. 
 
 Sec. 1. Be it enacted bj/ the l^enaie and House of Rcpre- 
 seniatives of the State of Alabama in General Assembly 
 convened. That the entire amount of taxes, realized and 
 collected, and 3'et to be collected, under and by virtue 
 of the "act to provide for an efficient military organiza- 
 tion of the State of Alabama," approved the 24th of 
 February, 1860, except so much thereof as may already 
 have been expended for the ol;)iects for which said taxes 
 were levied ; and also whatever balance of the t"un<l raised transf°rrcd? * 
 under and by virtue of the "act to provide a fund for 
 the aid of indigent families of volunteers absent in the 
 army," approved the 11th of November, 1861, and not 
 already embraced in, and disposed of by the apportion- 
 ment made by the comptroller of public accounts for 
 the object set forth in said act, be and the same are 
 hereby trsnsferred to, and made a part of the general 
 fund of the state treasury, to be disposed of and used 
 as are other moneys therein for general purposes. 
 
 Ajiproved December 2, 1802. 
 
 , What acts legal- 
 
 No. 11.] AN ACT 
 
 To legalize certain acts of the Courts of County Com- 
 missioners of this State. 
 
 Sec. 1. Be it enacted lit/ the Senate and House of Jiep- 
 resentaiives of the State of Alabama in General Assembly 
 convened. That the appropriations of money, and orders 
 and decrees of the courts of county commissioners ofiztX 
 this State to levy any sjiecial tax for the support of in- 
 digent families of soldiers, and all orders, decrees and 
 ordinances made by them, or any of them in good faith 
 for that purpose, by bonowing the money or the issu- 
 ance of bonds or county scrip therefor, be and the same 
 are hercl)y legalized and declared valid. 
 
 Sec. 2. Be it further enacted, That in all cases when i>n*y of conn 
 appropriations of sucli money shall have been nuide, or 
 
1S02. 26 
 
 shall be made hereafter, it shall be the duty of the court 
 to keep a full and complete account of record of the 
 sums so raised, and the amount appropriated, with the 
 names of persons to whom such relief lias been distri- 
 buted, when made, for Avhat purpose, and record the 
 evidence of such payment. 
 
 Sec, 3. Be it further enacted, That all claims now out- 
 standing against any of the counties of this State be 
 receivable by the tax collectors of the respective coun- 
 ties in payment of taxes due said counties. 
 
 Approved November 7, 1862. 
 
 Receivable for 
 couniy taxes. 
 
 Eo. 12.] AN ACT 
 
 To provide for the support of the Indigent Families ol 
 Soldiers in the Ami}' of the Confederate States, from 
 the State of Alabama. 
 
 Sicc. 1. Be it enacted by the Senate avd Home of Bep- 
 resentatives of the State of Alabama in General Assembly 
 
 \^l^S\n^Tlo\- convened, That the sum of two million dollars be and 
 
 '^"- the same is hereby appropriated for the support of the 
 
 indigent families of soldiers, who have heretofore en- 
 tered, or may hereafter enter the military service of 
 the Confederate States from the State of Alabama, to 
 
 H.,w apporiion- i^g apportioned b}^ the comptroller of public accounts 
 to the several counties of the State, according to the 
 ascertained number of indigent families in each coun- 
 ty, which shall be distributed under the directions of 
 
 II. .w distributed, the court of county commissioners in such manner as 
 to them shall seem most equitable and best promote 
 the objects of this act, by the purchase and distribution 
 of supplies or provisions as far as practicable, or pay- 
 ment of money in whole or in part, when impracticable 
 
 Proviso. to furnish provisions: Provided, That five hundred 
 
 thousand dollars of the aforesaid sum be held in re- 
 
 ?g"y'/°'"'"' '"'■''■ serve by the comptroller, and not paid out unless one 
 million and five hundred thousand dollars is found to 
 be insufficient, but in the event the said sum of one 
 million and five hundred thousand dollars proves to be 
 insufficient, then the comptroller is hereby authorized 
 
 Families of sub- and rcquircd to pay out the remaining sum of five hun- 
 
 eflclarTcr' '^"" di'cd thousaud dollars : Provided, That no flimily of any 
 
27 1862. 
 
 substitute in the armj^ sliall bo entitled to any of the 
 
 benefits of this act : ProvulecL howccer. Tliat tlie fami- P'''>Ti'"^ as to 
 
 lies ot deserters irom sucli military service are not to serters. 
 
 be entitled to anj' of the benetits of this act whilst such 
 
 deserters are known to said court to be out of service: 
 
 Provided further. That if any soldier who has hereto- y^o besuie soi- 
 
 r. . ^ -, ■, (., ' , ,, .,., titer's family is 
 
 ro re entered, or may hereafter enter, the military ser-entiueu. 
 vice of the Confederate States from the State of Ala- 
 bama, has no family of his own his next of kin, if 
 a father and mother, and brothers and sisters, or either 
 father, mother, brother or sister, or an}' of these, and 
 dependent to any extent for support upon his earnings, 
 labor or service, shall be deemed and taken, for all the 
 purposes of this act, to be his family, and shall, if in- 
 digent, be entitled as such family to the benefits of this 
 act, like other indigent families of soldiers. 
 
 Sec. 2. Beit farther enacted^ That it shall be the dii-one ounhube 
 t}' of the comptroller, immediately after the passage '""*'"* *"""■ 
 of this act, to draw his warrant upon the treasurer of 
 the State for five hundred thousand dollars of the 
 amount herein appropriated, and to pay over the same 
 to the judges of probate of the several counties, in 
 proportion to the claims of each county, predicated 
 upon the information which may then be in his posses- 
 sion ; to draw and pay over five hundred thousand dol- One-fourth nn 
 lars on the first day of January next, or as soon there- next."' ''*'"""'^ 
 after as practicable, and to draw and pay over five 
 hundred thousand dollars in the month of May next, 
 but in the second and third distributions regard shall 
 be had in the apportionment to the information, which 
 may then be in possession of the comptroller, as to the 
 number of indigent families in each county, and the 
 payment to each county shall be in such amount as 
 shall equalize the distribution of the whole amount 
 distributed up to that time, contemplated in the first 
 section of this act}; the fourth and final distributi(-n of Final dimrihu- 
 this appropriation shall be made in the month of An-"'"" uiAug.i»t. 
 gust next: Provided, The comptroller shall be satis- 
 fied the wants of said indigent families ro<pure it. 
 . Sec. 3. Be it further enacted, That as soon as a cop}' 
 of this act shall be received by each probate judge in 
 this State, it shall be his duty to order a special session of^c^min'Mlln" 
 of the commissioners' court of liis county, and at nuch »•••■ c«un. 
 session some efficient plan sliall be adopted to ascertain 
 the number |of families of soldiers in their counties, 
 
18n2. 28 
 
 who noGcl assistance from the State, in which shall be 
 included the indigent families of all soldiers who may 
 have, up to that time, entered the military service of 
 tlie Confederate States, except those excluded in the 
 iirst section, and as soon as such information can be 
 obtained, the probate judge shall communicate it to 
 the comptroller; the same shall be done in the month 
 of Januaiy next, and also in the early part of April 
 and July next. 
 
 Sj;c. 4. Be it further enacted. That the proceedings 
 of each court of county commissioners, under this act, 
 Further duties, shall bc duly rccordcd by the judge of probate, and it 
 shall be his duty to open an account with each indigent 
 family to debit the same with the amount paid for each 
 article furnished, specifying the article, and also with 
 such amount as may be paid over in money from time 
 to time; such books shall be open to the inspection of 
 any person interested in the provisions of this act. 
 
 Sec. 5. Be it fuiihcr ermcted, That if in the opinion 
 PiobaVe Judge! ^^ ^^^® court of couuty Commissioners the bond of any 
 judge of probate is insuflicient to secure fidelity in the 
 discharge ot his duties as herein imposed, such fact 
 shall be reported to the governor, whose duty it shall 
 be to require a new or additional bond, with additional 
 securiiy, so as to secure the disbursement of this fund 
 without loss to the State, or injury to the indigent. 
 
 Sec. 6. Be it farther enacted. That for the purpose of 
 
 more cftectually guarding against the practice ,C)f fraud 
 
 Mombersofcom- and partiality, it is herebv made the duty of the iudu:e 
 
 iiiissioners'court r. ^ , t ^ " /• •.."'",, 
 
 to lake an onth. oi probatc, and the court or county commissioners oi 
 each county, at the first term held under this' act, to 
 take an oath to faithiully and impartially discharge the 
 duties herein imposed, to use due diligence to ascertain 
 the actual condition of those who report themselves, 
 or may be reported by others, as indigent and in need 
 of aid from the State, and to distribute or expend any 
 mono}' placed under their control by the provisions of 
 this act with due regard to economy, and to the ascer- 
 tained wants of each family. 
 
 Sec. 7. Be it further enacted, That the courts of coun- 
 
 surpiusin eoun- ty commissioncrs of this State are hereby empowered 
 
 ty treasury may / , , . i ' xv • ^ i 
 
 be ai)piie(i. to apply any surplus monies, now or hereafter in the 
 county treasuries, to the support of indigent families 
 of soldiers, if in their opinion the legitimate wants of 
 such families demand it. 
 
29 1862. 
 
 Sec. 8. Be li farther enacted, That as a compensation 0'>"iH'i^ationof 
 
 ... A , r \ IT- 1 • • I'ralJiJte Judge. 
 
 to tlic jiKlges or probate, tor the additional services ini- 
 posL^<l l)y this act, they shall be entitled to one-halt' of 
 one per cent, upon the amount disbursed by them. 
 Su;c. 9. Be it f ariher enacted. That an act entitled "An _ 
 
 » .,' [, IP .1 .<,,.,. „ ... Former Act re- 
 
 Act to provide a tund tor the aid ot indigent families peaRd m pan. 
 
 of volunteers absent in the army," approved November 
 
 11, 18G1, be and the same is hcreb}' repealed, except so 
 
 far as may be necessary to enforce the collection or 
 
 disbursement of the tax levied in that act for the year 
 
 1862. 
 
 Si:c. 10. Be it farther enacted, That immediately af- ^^i („ ^e print- 
 ter the riassacre of this act, three hundred copies of the i-i ""'• uo>v dis- 
 same be printed, and tive copies sent by mail to each 
 probate judge of this State by the comptroller. 
 
 Sec. 11. Be it further enacted, That if any judge of 
 probate, commissioner or ai?ent employed in carrvincr 
 
 * , t«/ Jo t'cnallv for mis- 
 
 out the provisions of this act, shall apply any of the appuciiiiOT. 
 funds, or articles, whicli may come into liis hands, to 
 his own use, shall be deemed guilty of embezzlement, 
 and be liable to indictment therefor, and on conviction 
 shall be [»unished as if he had feloniously stolen such 
 funda, or articles. 
 
 Sec. 12. Be d farther ena/dcd, That the provisions of Provision, es- 
 this act shall apply to the families of volunteers called, tr"npe. 
 or who may ho called out by the governor for State de- 
 fense, while they are actually in the service of the 
 State. 
 
 Approved, >\)V. 12, 1862. 
 
 No. 18.] AX ACT 
 
 In relation to the allowance of extra compensation to 
 the Judges of Probate in the several counties of the 
 State of Alabama. 
 
 Sec. 1. Be d enacted b'l the Senate and House of Bepre^ KxiTa. compco- 
 md">n'i9 of the State of Alabama in General A8send>l>iZ^'^^^*'^ "' 
 conrnicd, That it shall be lawful for the courts of coun- 
 ty commissioners of tiie several counties to decree to 
 the judges of probate of their respective counties such 
 extra compensation as a majority of the commissioners 
 of said rertpectivc courts may determine to be just and 
 
1862. 30 
 
 proper, for services whicli may be hereafter renrleredby 
 sucli Judges of probate under laws passed for the bene-^ 
 fit of families of indigent soldiers; Prodded^ however, 
 that said compensation must be paid out of the treas- 
 ury of said counties respectively to the respective 
 judges. 
 
 Approved December 2, 1862. 
 
 No. 14.] AX ACT 
 
 To authorize the Governor to borrow money on the 
 credit of the State, to replenish the Treasury until 
 further provisions is made by law. 
 
 A-Jthority to Sec. 1. Be it enacted hy the Senate and House of Hepre- 
 \^"w^'^tf^' '^^^^^^^'^^ o/ the Slate of Alabama in General Assembly 
 ' convened, That the Governor be and he is hereby au- 
 thorized to borrow on the credit of the State, at a rate 
 of interest not to exceed eight per cent, per annum, 
 such amount of money as may be necessary to provide 
 for the demands upon the treasury to meet the appro- 
 priations made by the general assembly ; Provided, that 
 no money shall be borrowed under the provisions of 
 this act for a longer period of time than six months. 
 Approved November 24, 1862, 
 
 • ■ No. 15.] AN ACT 
 
 To authorize the issue and sale of State Bonds. 
 
 Autho ■ -i S^^* •'■• ^* ''^ enacted by the Senate and House of Repre- 
 
 hotiii G per cent, saitativcs oftJie State of Alabama in General Assembly 
 convened, That the Governor of the State of Alabama 
 !»• j»wd be is hereby authorized to issue the bonds of 
 the State. for such amount as may be necessary to meet 
 any deficiency in the Treasury, bearing interest at a 
 rate not to exceed six per cent, per annum, with cou- 
 
81 18G2. 
 
 pons attached, and payable at the expiration of twenty 
 years after tlie date of such bonds; renewable at the 
 pleasure of the State." 
 
 • Sec. 2. Be it farther enaetcd^ That said bonds may besir.c of bonds. 
 issued in such sums, not less than one hundred dollars 
 nor more than five thousand dollars each, as the Gov- 
 ernor shall deem proper. They shall be signed by the 
 Governor and countersigned by the comptroller of pub- h^w signed an<i 
 lie accounts, and the}- shall have the great seal of the"""" "*" 
 State afHxed thereto. The coupons for interest shall 
 be signed and numbered by a person or persons to be 
 appointed hv the Governor, and shall be receivable in coupons recesr 
 
 1. i- n 11* 1 1 xi- • • 1 1111 ttlJle for public 
 
 payment or all public dues, and the principal shall be .luee. 
 
 payable at the office of the Treasurer of the State, or 
 
 at such other place Avithin the State as the Governor Pj^y^^'^^n*' '"^^'■'' 
 
 may by proclamation appoint for that purpose. Said 
 
 bonds may be transferred by delivery, and the faith and 
 
 credit of the State of Alabama are hereby pledged for 
 
 the payment of interest on said bonds as the same shall 
 
 accrue, and for the payment of the principal when the 
 
 same shall become due under the provisions of this act. 
 
 Sec. 3. Be it farther enacted^ That the Governor may 
 from time to time place said bonds in market, and sell 
 at not less than their par value such an amount as shall 
 be required for the public service, and to meet the ap- 
 propriations which have been or may be made by the 
 general assembl}*. To this end he may advertise for, 
 and receive bids for such bonds, and employ such agent 
 or agencies as may be necessary for the purpose ; but 
 no bid shall be considered which is not equivalent to 
 the par value of the bonds bid for. 
 
 Sec. 4. Be it farther enacted,, That the bonds issued nn;.!.. f.r free 
 under the authority of this act may be used as a pledge ^''^^'"''i- 
 to secure the redemption of any note or notes issued 
 by any free banking institution now organi/.ed, or here- 
 after to be organized and put in operation under the 
 laws of this State, to the same extent and in the same 
 manner that bonds heretofore issued by this State are 
 authorized to be used ; and neither the bonds issued 
 under the authority of this act, nor the moneys invest- 
 ed in them, shall be liable to taxation by this State, nor 
 by any county, city or town therein. 
 
 Sec. 0. Be it farther enacted, That the comptroller of »'^tj'^^"^ c^mr- 
 public accounts ehall number, register and keep a cor- 
 
1862. 
 
 32 
 
 Governor may 
 ifsue treasury 
 notes Tor deft-- 
 cicncy. 
 
 Charncfcr of 
 tbem. 
 
 Fundable. 
 
 Receivable for 
 l»ublic dues. 
 
 How B'gncd, i&c. 
 
 Penalty for forg 
 Ing. 
 
 rect account of all the bonds issued and disposed of un- 
 der this act. 
 
 Sec. 6. Be it further enacted, That fov any portion of 
 the deficiency in the Treasury which may exist at any 
 •time, the Governor be and he is hereby authorized, in 
 lieu of bonds Avhich may be issued and sold as provided 
 in the first section of this act, to issue treasury notes, 
 redeemable at the option of the State, either in treas- 
 ury notes of the Confederate States or in coupon bonds 
 of the State, bearing a rate of interest not to exceed 
 five per cent, per annum, payable at the end of twenty 
 years from their date and renewable at the pleasure of 
 the State. All treasury notes or coupons of bonds is- 
 sued under the provisions of this act shall be received 
 in payment of all taxes and public dues of every de- 
 scription, and for all corporate and county tfvxes levied 
 or assessed after the passage of this act. Whenever 
 the public officers receiving such treasury notes forjiub- 
 lic dues shall pay them out again, it shall not be deeni" 
 ed or held that the State is thereby released from its 
 obligations to pay the same to any holder thereof. 
 
 Sec. 7. Be it further enacted, That the Treasury notes 
 herein authorized to be issued shall be signed by the 
 treasurer and countersigned by the comptroller ; and 
 before any of them shall be paid out, it shall be the 
 duty of the comptroller to provide and carefully pre- 
 serve a book, wherein shall be registered every note is- 
 sued under the authority of this act, and in such regis- 
 tration shall be embraced the number, date and denom- 
 ination of each note issued and paid out ; and when 
 signed, numbered and registered, they shall, before be- 
 ing put into circulation, be delivered to the treasurer 
 of the State and charged on the books of his office as 
 so much cash to be accounted for. 
 
 Sec. 8, Be it farther enacted, That if any person or 
 persons shall forge or falsely alter any note, bond or 
 coupon issued by virtue of this act, or shall utter or at- 
 tempt to pass any forged or altered note, bond or cou- 
 pon, purporting to be issued in pursuance of this act, 
 knowing such note, bond or coupon to have been forged 
 or altered, such person or persons shall be guilty of for- 
 gery in the first degree, and shall suffer the pains and 
 penalties now affixed by law for forgery in the first de- 
 gree. 
 
 Skc. 9. Be it further enacted^ That the Governor is au- 
 
33 1862. 
 
 thorized to pay the person or persons employed by liim p^^ ^^^ siitniDg 
 to sign and number coupons, and to number date and coupons, 
 fill up the same, such compensation' as he may deem 
 just, either by the day or by the thousand numbers and 
 signatures. 
 
 Approved December 9, 1862. 
 
 Ko. 16.] AN ACT 
 
 To authorize the issuance of Treasury Note Change 
 Bills by the State of Alabama. 
 
 HHjL 
 
 Sec. 1. 2)6 it enacted bij the Senate and House of Repre- 
 sentatives of the Statt of Alabama in General Assembly Authority or the 
 convened, That the governor of this state be, and he is k'^^"'"'^'"- 
 hereby authorised to have either lithographed or en- 
 graved, with his signature thereto attached, two mil- 
 lions dollars of treasury notes of the State of Alabama, ^"'""'"^ ''•^"'=* 
 of the denomination of one dollar and the fractional „ , .. 
 parts of a dollar, for the purpose of change circulation, 
 the notes of the denomination of one dollar shall be 
 countersigned by the comptroller, or by some person 
 for him, to be appointed by the governor; and the said 
 treasury notes shall be, in substance, of the following 
 form : 
 
 •' The State of Alabama will pay to tlie bearer 
 
 cents, (or one dollar, as the denomination requires,) re-i'onnorthcnote 
 deemable in Confederate States treasury notes, when 
 presented at the state treasury'', in sums of twenty dol- 
 lars, or upwards.'* 
 
 Sec. 2. Be it further enacted, That whenever, and as oovcmcr toac- 
 fast as said notes shall be prepared and received by the J'r^^^Ccr.*" '^"™''" 
 governor, he shall be authorised to deliver them to the 
 comptroller of this state, and take his receipt for the 
 same. 
 
 Sec. 3. Be it further enacted. That the said comntrol-Fvl^^.i''^"," '"" 
 
 , 1111 ••. 11. .'^ IhoriEoil la cm- 
 
 Icr shall be required to procure a book of registration, i-ioy ■"'^''»n"'- 
 and he is hereby authori?:eil to employ assistants, to 
 whom a reasonable compensation for sujIi services shall 
 be paid by the state, not to exceed five dollars per day, 
 and for which the comptroller may draw his warrant on 
 the treasurer; and said comptroller shall cause his as- nuuc* of «i««iti- 
 siatants to number, register and prepare said treasury ""'* 
 8 
 
1862. 34 
 
 notes for circulation, and when said notes shall be nnin- 
 hered, registered and prepared, the said comptroller 
 shall, from time to time, as fast as prepared, deliver 
 them to the treasurer of the state, as currency for cir- 
 culation, and take his receipt for the same. 
 
 Sec. 4. Be it further enacted, That said treasury notes 
 marpaf-o'uTs'i^ch shall, aud may be, paid out and nsed by said treasurer 
 biii^ic. j^g currenc}'', in liquidation of claims for appropriations, 
 
 or debts owing by the state, or he may exchange them 
 or any part of them for current bank notes, or the notes 
 of the Confederate States of America, 
 r.o-.iv yw- for ^^^- ^' ^^ ^^ further enacted, That said treasury notes 
 im lici'ies. shall be receivable by all tax collectors in payment of 
 taxes, and all other dues to the state. 
 Approved K"ovember 8, 1862. 
 
 No. 17.] AI^ ACT 
 
 To amend An act to authorize the Issuance of Treas- 
 ury Note Chan2:e Bills by the State of Alabama. 
 
 Section 1. Be it enacted by the Senate and House of JRep- 
 
 resentatives of the State of Alabama in General Assembly 
 
 convened, That the governor of the State be, and he is 
 
 Governor may hereby authorized to employ as many persons as he 
 
 employ persons may cleeni necessary, to countersism, in the name of 
 
 to countersign. J i 11 ^' 1 
 
 the comptroller, the one dollar treasury notes author- 
 ized to be issued and countersigned by an Act to au- 
 thorize the issuance of treasury note change bills by 
 the State of Alabama, approved the 8th day of Novem- 
 ber, 1862. 
 
 Skc. 2. Be it further enacted, That the comptroller of 
 employ.*''''''"'^ the State be, and he is hereby authorized to employ as 
 many assistants as may be necessary to speedily num- 
 ber and prepare said change notes for circulation, and 
 Manner of p»y- to pay for Said assistants in the manner prescribed by 
 '""^"^- said act, either by the day or by the thousand notes, as 
 
 he may find to be most economical. 
 
 Sec. 3. Be it further enacted. That if any person, or per- 
 ingorcirwutrng SOUS, shall Counterfeit, forge, or falsely alter any note is- 
 forged notes, g^ed by virtue of the act to which this is an amend- 
 ment, or shall counterfeit, alter, or attempt to pass any 
 counterfeit, forged, or altered note issued in pursuance 
 
35 1862. 
 
 of tliG act aforesaid, knowing such note to be counter- 
 foit, forged, or altered, such person, or persons, on con- 
 viction thereof in the proper circuit court, shall sutt'er 
 the pains and penalties now affixed hy law for forgery 
 in the first degree. 
 
 Sec. 4. Be it further enacted, That it shall be the duty Duty of treafur 
 of the treasurer to pay out said change bills in paying"- 
 to the several counties of the State the sum appropria- 
 ted to thera for the support of indigent families of sol- 
 diers, whenever he finds it practicable so to do ; and to 
 make sueh other distribution of said change bills as 
 will g've to them the most general circulation through- 
 out the State. 
 
 Sec. 5. Be it further enacted, That the act mentioned ^""^^'^"=»''«''- 
 in the first section of this act be, and is hereby amend- 
 ed so as to authorize the governor to cause to be issued 
 any amount of the treasury note change bills of the 
 denominations referred to in said act, necessar}' for 
 change circulation, not exceeding in the aggregate 
 three and one-half millions of dollars. 
 
 Approved, Dec. 4, 1862. 
 
 No. 18.] AN ACT 
 
 To amend An act to authorize the Issuance of Treas- 
 ury Note Change Bills by the State of Alabama. 
 
 Section 1. Be it enacted hy the Senate and House of Rep- 
 resentatives of the State of Alabama in General Assembly 
 convened, That the sum of one hundred thousand dol- 
 lars be, and the same is hereby appropriated out of the of'one'hund?^ 
 State treasury to defray all expenses which may be in- ;'">";»"<^ <'°'- 
 currea by the governor in the execution of the "Act«". 
 to authorize the issuance of treasury note change bills 
 by the State of Alabama," approved on the 8th No- 
 vember, 1862, which sum, or so much thereof as may 
 be necessary, shall be drawn by the warrant of the 
 comptroller on the treasurer, which warrant shall be 
 countersigned by the governor. 
 
 Approved, Dec. 4, 1862. 
 
1862. 36 
 
 No. 19.] AN ACT 
 
 To place at the disposal of the Governor an additional 
 sum to carry into eftect the Act to authorize the Is- 
 suance of Treasury Note Change BilU by the State 
 of Alabama. 
 
 Section 1. JBe it macied by the Senate and House of Hep- 
 reseniaiives of the State of Alabama in General Assembly 
 conveved, That in addition to the sum of one hundred 
 Additional fifty thousaud dollars heretofore appropriated or placed at 
 ippropri!>fe"i!'''^^the disposal ol the governor, for the purpose of carry- 
 ing into eflect the Act to authorize the issuance of treas- 
 ury note change bills by the State of Alabama, the sum 
 of fifty thousand dollars be, and is hereby placed at 
 the disposal of the governor for the same purpose, to 
 be drawn from the State treasury upon his order, in 
 such sums and at such timesasheahall think necessary. 
 Approved, Dec. 9, 1862. 
 
 > 
 
 No. 20.] AN ACT 
 
 To authorize the Governor to do certain things therein 
 
 named. 
 
 Skc. 1. JBe it enacted hy the Senate and House of Repre- 
 scjitatives of the State of Alabama in General Assembly 
 conve?}ed, Ihat if at any time, in the opinion of the go- 
 Authority to re- vcmor, tlic Safety of the capital of the State shall be 
 cordVmone.vsr i" danger from thepublic enemy, he be, and is hereby 
 **=• authorized to cause the public records, books, and 
 
 pnpers, and property of all kinds in the offices of the 
 several departments of this State, together with all the 
 currenc}", and gold and silver in the treasury of the 
 fuch pilc'eV"re. State, rcmovcd to a place of safety, and all lawful act8 
 movai. of the officers of either of said departments, done at 
 
 such place, shall be as valid to all intents and purposes 
 as if the same had been performed at Montgomery, 
 and neither the said ofHcers, or any of their sureties, 
 shall be released by such removal from any official lia- 
 bility. 
 Expenses rrovi- Sec. 2. Bc it further enacted^ That the governor be, 
 ^^^ ^"''' and he is hereby authorized to draw bis warrant on the 
 
37 1862. 
 
 treasurer for whatever amount of money may be ne- 
 cessary in carrying into eft'ect the provisions of this 
 
 Approved, Pec. 2, 1862. 
 
 No. 21.] AN ACT 
 
 To provide for the appointment of Commissioners to 
 examine the offices and accounts of certain public 
 officers. 
 
 Sec. 1. He it enacted by the Senate and House fj/" -^^7> Governor to ap- 
 resentatives of the State of Alabama in General Assembly v<^}'^}^^^ree: com- 
 C07ivened, That the governor is hereby authorized and '"''^'°°*'"' 
 required to appoint three commissioners, whose duty 
 it shall be to examine the books, accounts, and vouch- 
 ers of the State treasurer, comptroller, superintendent 
 of education, quartermaster, and militar}' auditor, once 
 in every year, or oftener if the governor shall deem it 
 necessary, and to report the result of their investiga- 
 tion to the governor in writing and under oath. 
 
 Sec. 2. Be it further enacted, That the governor shall compensation, 
 allow said commissioners reasonable compensation for 
 their services, which shall be paid out of the State 
 treasury on the warrant of the comptroller, to be issued 
 upon tlie order of the governor. 
 
 Sec. 3. Be it further enacted, That it shall be the duty communicate to 
 of the governor to communicate to the general a ssem-^^"^""*' "'*"'**'' 
 bly, the first week of its regular sessions, the reports 
 of said commissioners. 
 
 Approved, Dec. 8, 1862. 
 
 No. 22.] AN ACT 
 
 To provide for the Public Safety. 
 
 Sec. 1. Be U enacted by t/te Smote and IToicse of Rqy- 
 resentati^'fs of the SUite (f Alahama in General AsHunhly 
 convened, That, to provide for the public safety by 
 quelling insurrection, preventing or repelling invasion, ' 
 the governor is invested witli full power and authority r 
 
1862. 38 
 
 to impress the labor of all mule slaves between the 
 ages of eighteen and fifty years, or so many thereof as 
 he inaj^ deem necessary, with the use of tools and im- 
 plements, wagons, teams, and harness, which may be 
 necessary to render the labor of the slaves so impressed 
 effective, with subsistence for the same; also timber, 
 cut and growing, and lumber, as well as arms and am- 
 unition. and ordnance stores, and subsistence, for State 
 troops actuall}- in service; also steamboats and other 
 water craft, but unless in the opinion of the governor 
 the necessity is pressing, or the danger imminent, no 
 slave shall be impressed from any slavehohlor, compa- 
 ny, partnership, corporation, or joint owner, owning, 
 , . ,. , or having; iu possession less than ten slaves, and no 
 
 Limitation as to o i . ' . . 
 
 impressment, slavc owjicr, compau}', partnership, corporation, or joint 
 owner, whose slaves are subject to impressment under 
 this act, in any one year from its passage, shall be re- 
 quired to furnish a greater amount of slave labor than 
 in the aggregate is equivalent to sixty days' labor for 
 each slave so subject, unless in the opinion of the go- 
 f^ vernor a longer service is necessaiy, and in estimating 
 
 ^'' the amount of such labor, credit shall be given for the 
 
 labor of any slaves, previously furnished, und^r the 
 order or requisition of the governor which may be 
 proved by affidavits, 
 ownerswhomay Sec. 2. Be it fuHJier eiiucted, That in all cases of im- 
 aeiect overseer, pressmcnt of slavcs uudcr the preceding section, the 
 owners of every thirty slaves impressed may select a 
 white man to attend on such slaves to perform such 
 duties connected with their labor police, securitj', com- 
 fort and health, as the governor may direct, who shall 
 receive two dollars for each day's service. 
 Governor's pow- Sec. 3. And bc U further enacted, That the authority 
 cUTbyMe'^mii- <^o life r red upon the governor under this act, may be 
 itary pDwer. cxcrcised and cnforced by the military power of the 
 State, under his orders, or by special agents appointed 
 by him, and acting under his direction; that any per- 
 son in charge or possession of slaves, or any other 
 property subject to impressment under this act, who 
 shall resist any officer or agent of the State impressing 
 such slaves, or other property, or who shall fail or re- 
 fuse to deliver the same on demand to such officer, or 
 agent, or who shall remove or conceal the same with 
 intent to avoid impressment, shall be guilty of a mis- 
 demeanor, and on conviction shall be fined not less 
 
39 1862. 
 
 than three hundred dollars, and imprisoned in the J'^^j^i^''' ^°'' '"''- 
 common jail not less than three months ; and it is 
 •hereby made the duty of the oiliccr or agent to return 
 such person to the clerk of the next circuit court of the 
 county in which the offense is committed by the first 
 day of the same, whose duty it shall be to report the 
 same for prosecution to the solicitor before the adjourn- 
 ment- of the grand jury. 
 
 Sec. 4. And be it fiu ther .enacted, That the governor compenFiuion to 
 
 iii-.ii»,''. •. '^ ,' be assessed. 
 
 shall, in the lirst instance, assess a just compensation 
 for the labor of any slaves, the use of implements, 
 tools, teams, wagons or harness, steamboats or other 
 water craft, and for an}- other property impressed un- 
 der this act, which, if satisfactory, shall be paid by 
 warrant on the State treasurer, as provided for under 
 clause 3 section 3, of an act, entitled "an act making 
 appropriations for the military defense of the State," Proceedings a* 
 approved February G, 1861, but if not satisfoctory the '" '•^'•"'*'"'"'- 
 owner shall, within sixty days therefrom, file his dissent 
 iu the office of the clerk of the circuit court of the 
 county of his residence, and such court shall judicially 
 ascertain a just compensation for the labor of tlie slaves, 
 the use of the tools, implements, wagons, teams, har- 
 ness, steamboats or other water craft, and the value of 
 any. other description of property impressed from the 
 person so dissenting, and if said compensation exceeds 
 the amount assessed by the governor, judgment shall 
 be rendered in favor of the owner or his personal rep- 
 resentatives against the State, which shall be paid as oth- 
 er judgments against the State ; but if the compensation 
 so ascertained shall not exceed the amount assessed by 
 the governor, judgment shall be rendered in favor of 
 the State against the owner or his personal represen- 
 tatives for all the costs of the proceedings ; and it shall 
 be the duty of the solicitor to act as counsel for the 
 State, who shall, in case judgment is rendered in its 
 favor, be entitled to receive from the owner, or his 
 representatives the sum of ten dollars, which shall be 
 taxed in the bill of costs, but nothing contained in this 
 section shall ett'ect the rights of the owner or his rep- 
 resentavcs to obtain the compensation assessed by the 
 governor, in case that upon his dissent judgment shall 
 be rendered in favor of the State. 
 
 Sec. 5. And be it farther enacted, That from the de-8uitin»,«j,poai 
 cision of the circuit court the State shall have the right 
 
1862. 40 
 
 to appeal, as provided for in section 3017 of the code, 
 and the owner, or his representatives, as in, other civil 
 cases. 
 One million <ioi. Sec. 6. Aiul bc it further ejiacted, That the sura of one 
 larsappropriuted niillion dollars is appropriated to carry out the provis- 
 ions of this act. 
 
 Approved, Oct. 31, 1S62. 
 
 1^0. 28.] AN ACT 
 
 To amend An act to provide for the Public Safety. 
 
 Sec. 1 . JJe it enacted by the Senate and House of Hep- 
 
 resentatives of the State of Alabama in General Assembly 
 
 convened^ That if any person fail or refuse to comply 
 
 with the order of any agent, authorized by the govern- 
 
 Duty of Bhtriff. or to iuipress hands, mules, or other property described 
 
 ir«-^Msau^?c"u?. i" said act, to which this is an amendment, it shall be 
 
 ply with order of ^Ijq doty of the shcrifF of the county of such person 
 
 thegovernoi. J . • i • • i. - i 
 
 laihng or reiusmg, on being required in writing by 
 such agent, to summon an armed jsosse t'o/?w7«//-<s, of not 
 less than twent}' men, from the male residents of said 
 county, and proceed to the plantation or residence of 
 such person and seize and take possession of double 
 the number or quantity of property so impressed and 
 deliver the same to the said agent, at such place as 
 said agent may designate, not out of the county afore- 
 said. . 
 
 Sec. 2. Be it further enacted. That for the use of the 
 
 No compensation --1,1 r- •^• 1 r 
 
 forsuchproperty property so seized, the owner so tailing and reiusing 
 shall receive no compensation. 
 
 Sec. 3. Be it further enacted, That if any sheriff fails 
 
 Penalty S3 to or rcfuscs to comply with the provisions of the first 
 section hereof, he shall be liable to indictment, and on 
 conviction shall be fined not less than five hundred 
 dollars and imprisoned not less than six months, at the 
 discretion of the jury trying the offense. 
 
 Sec. 4. Be it further enacted, That if any person, 
 
 roT"uramoued6umKiO"^tl ^'3' ^^"^^ sheriff to act as a member of said 
 
 who refuse or fail jpQ^^g comitutus, shall fail or refuse so to do, unless pre- 
 
 to act. r ii'i 1 -x A xii 
 
 vented b}' sickness or some other cause, deemed a suin- 
 cient excuse by the. judge trying the cause, such person 
 shall be liable to indictment, and on con^netion be fined 
 
41 1862. 
 
 not less than five hundred dollars and imprisoned not 
 less than six months, at the discretion of the jury try- 
 ing the oftense. 
 
 Approved, Nov. 17, 1862. 
 
 Officer or agent 
 
 No. 24.] AN ACT 
 
 Supplementary to An act to provide for the Public 
 
 Safety. 
 
 Section 1. Be it enacted by the Senate and House of Rep- 
 resentatives of the State of Alabama in General Assembbj 
 convened, Tliat the officer or agent who shall take, im- to'^h'e receipt." 
 press, or receive any slaves or other property under the 
 provisions of said act, shall give the owner or person in 
 possession of such property, a receipt therefor, describ- 
 ing the property so taken, impressed or received, and 
 specifying the time when and the pl^ce where the same 
 was so taken, impressed or received. 
 
 Sec. 2. Be it farther enacted, That all property taken Property to be 
 or impressed under the provisions of said act, and not 
 consumed, destroyed or rendered valueless in its use, 
 shiill be returned, to the owner or person from whose *%' 
 
 possession it was taken, at the expense of the State, as 
 soon as practicable after the necessity for its use for the 
 public defense shall cease. 
 
 Sec. 3. Beit farther enacted, That the governor shall Governor to give 
 cause public notice to be given of the names of all of- ""*''" °'^''^^"'*- 
 ficers and agents authorized by him to take or impress 
 property under the provisions of said act. 
 
 Sec. 4. Be ilfarilicr enacted, That in impressing arms what arms an.i 
 and ammunition under the provisions of said act, at l^^pi""'""" "'"'^ 
 least one efficient rifle or shot gun, one pound of pow- 
 der, and five pounds of shot, bullets or lead, if owned 
 by the person whose arms and ammunition shall be 
 sought to be impressed, shall be left for his or her de- 
 fense, and shall not be impressed or taken without the 
 consent of such person ; nor shall any ammunition col- 
 lected by corporations or associations of citizens for lo- 
 cal defense be taken or impressed. 
 
 Sec. 5. Be it further enacted. That any agent or offi- Penalty for cx- 
 cer of the State authorized by the governor to impress ^^"'""8 '■'''^'"^• 
 or take property under the prov ' f said act, who 
 
1862. 42 
 
 shall wilfully exceed his authority as limited by the 
 provisions of this act, shall be liable to iiidictnient 
 therefor, and on convirtion thereof shall be fined and 
 imprisoned at the discretion of the jury trying the of- 
 fense. 
 Approved ISTovember 26, 1862. 
 
 No. 25.] AN ACT 
 
 To regulate impressments. 
 
 Sec. 1. Beit enacted by the Senate and House of Repre- 
 sentatives of the State of Alabama in General Assembly 
 convened, That from and after the passage of this act, 
 
 Regulating seiz- it shall bc uulawful for any officer or agent of this state 
 to seize any wagon, negro, teams of mules or horses, 
 at any other place than the residence or plantation of 
 the owner. , 
 
 ^ ,^ . . Sec. 2. Be it further enacted. That any officer or agent, 
 
 Penalty for vio- . i i.i • L ,. c ^\ ^ • 
 
 lation. acting under the impressment act of the present session 
 
 of the general assembly, violating the provisions of this 
 act, shall be subject to a fine of not less than five hun- 
 dred dollars, to be recovered by the owner of such wa- 
 gon, mules or horses, or negro, before any court having 
 competent jurisdiction. 
 
 Approved December 9, 1862. 
 
 No. 26.] AN ACT 
 
 For the defense of the northern part of the State. 
 
 Sec. 1. Be it enacted by the Senate and House of Repre- 
 sentatives of the State of Alabama in General Assembly 
 One million doi- <?o?2yewcc?. That the eiini of one million dollars, or so 
 tei "PP'^P"**' much thereof as the governor may deem necessary'', be 
 and the same is hereby appropriated to the defense of 
 the counties in the State on the Tennessee river, and 
 those adjacent thereto, to be expended under the direc- 
 tion of the governor, out of any moneys not otherwise 
 appropriated. 
 
 Approved, November 18, 1862. 
 
43 18fi2. 
 
 No. 27.] AN ACT 
 
 To prohibit the distillation of Grain in the State of Ala- 
 bama, except under the direction and authority of the 
 Governor. 
 
 Sec. 1. Be it enacted by the ISenate and House of Repre- 
 sentatives of the State of Alabama in General Assembly 
 convened, That for the purpose of suppressitii; the evils [^,"'»^'*""' '"<^'«- 
 resulting from the distillation of grain as it hath here- 
 tofore been carried on, of securing the proper police of 
 the country, and of promoting the common defense and 
 general welfare, it shall not be lawful for any person, 
 during the existing war, to distil, or convert into spirit- 
 uous or intoxicating liquor, any grain, or the product 
 of any grain, unless hereafter employed or authorized 
 by the governor so to do. 
 
 Sec. 2. Be it further enacted, That it is hereby made Governor to pre- 
 the duty of the governor, on behalf of this state, under uom!' ''^^"'*' 
 such rules and I'egulations as he may prescribe, to cause 
 such an amount of grain to be distilled, or converted 
 into alcohol or spirituous liquors, as in his judgment is 
 consistent with the common defense and general wel-Authoritj of oe- 
 ■fare ; and he is hereby invested with power, on behalf '"''■"°'"- 
 of this state, to make contracts, to appoint agents, with 
 such powers as he may deem necessary to carry out the 
 object and provisions of this act, and to do and perform 
 anyotli^r act or thing which he may consider necessary 
 to enable him to cause such distillation or conversion 
 to be made, and to cause the alcohol or spirituous li- 
 quors, which may bo made under the provisions of this how to he dig- 
 act, to be disposed of in such manner and for such pur- ?""«'' op- 
 poses as he deems best calculated to effectuate the ob- 
 ject of this act ; and if, from such disposition, anv nett 
 profits shall result to this state, such profits slmll be ^p'/JiPi""' -• •^'''' 
 applied by future legislation to the relief of the indi- 
 gent families of soldiers in the service of the Confed- 
 erate States from this state. 
 
 Sec. 3. Be it further enacted, That this act shall go «-hcn to go into 
 into effect at the expiration of ten days from its appro- ^'^'^c'- 
 yal by the governor; and if, after this act thus goes 
 intoefiect, aii}^ person shall distil, or convert into spiritu- 
 ous or intoxicating liquor of any kind, any grain, or the 
 product of any grain, in contravention of the provisions 
 of this act, such person shall be guilty of a misdemea- 
 
1862. 
 
 44 
 
 l> 
 
 Penalty for vio- noF, and, Oil iiidictment therefoi' and conviction thereof, 
 lation. j^^^^^ l^g fined in any sum the jury trying the case may 
 
 assess, not less than five hundred doHurs nor more than 
 trt'enty thousand dollars. 
 
 Sec. 4. Be it further enacted^ That the sum of thirty 
 ,^,^J',y''VhoImn'a thousand dollars, or so much thereof as may be neces- 
 sary, be and is hereby appropriated, to enable the gov- 
 ernor to carry out the object of this act, to be paid on 
 his warrant, out of any money in the treasury not oth- 
 erwise appropriated. 
 
 Sec. 5. Be it farther enacted^ That if any agent of the 
 governor, or any person by hiin authorised to distil, 
 shall sell, or give away, or dispose of any quantity of 
 spirits so distilled, except in strict accordance with the 
 instructions of the governor, the person so offending 
 shall be deemed guilty of a misdemeanor, and, on con- 
 viction, be punished by fine of not less than one hun- 
 dred dollars, and imprisoumerit not less than three 
 months. 
 Approved Becember 8, 1862. 
 
 dollars. 
 
 Penalty as to 
 state agents. 
 
 Xo. 28.] 
 
 AN" ACT 
 
 To regulate the sale and exportation of Corn. 
 
 Section 1. Be it enacted by the Senate and Houserof liej)- 
 reseniatives of the State of Alabama in General Assembly 
 convened, That from and after the time this act becomes 
 License to be Ob- of force, uo pcrsou, cxccpt the produccr and millers, 
 shall sell corn, without first obtaining a license Irom 
 the judge of probate of the county in which the corn 
 is to be sold, which license shall authorize the person 
 or partnership to whom the same is granted to sell corn 
 in such county, and no other, for one year from the date 
 of such license, and at a profit of not more than twenty 
 per cent, on the price paid to the producer, and charges, 
 exclusive of the license fees and taxes on the same ; but 
 Applicants to HO liccnsc shall bo granted, unless the applicant first 
 make affidavit jnuke aiid subscribc an affidavit, in writing, before said 
 judge, that he will not sell any corn within one year 
 from the date of the license, should this act remain in 
 force for that period, at a greater rate of profit than 
 twenty per cent, on the price paid to the producer, and 
 
 Limitation of 
 profit. 
 
45 1862, 
 
 charges, exclusive of the fees and taxes on the license, 
 and will sell only in the county in which said license 
 shall be granted, which affidavit shall be tiled in the 
 office of the jndge of probate granting the same. 
 
 Sec. 2. Be it further enacted, That no miller shall sell ..mi . u. i„ 
 
 , '111- MiUcr TO obtain 
 
 any corn, except the corn received by bim as toll for licence in wtain 
 grinding, unless he be the producer of the same, with-*^"^"" 
 out first obtaining a license under the preceding sec- 
 tion ; nor shall he sell any toll at a higher rate than the 
 usual market price in the city, town or neighborhood 
 in which the mill is located. 
 
 Sec. 8. Be it further enacted, That the judge of pro- Duties of prob«ic 
 bate in each county shall, on the first Monday in each^"''^^' 
 month, after this act becomes of force, and so long as 
 the same continues in force, give notice of every per- 
 son to whom licenses, under the first section of this act, 
 have been granted; which notice shall be affixed to the 
 court house door, and shall also keep a true record of 
 the licenses so granted, with the date thereof, which 
 shall be subject to the inspection of all persons free 
 of charge, and a certified copy of the same shall be de- 
 livered by said judge to the foreman of the grand jury 
 at each session of the circuit court held in the county, 
 and on the same day on which said grand jury is organ- 
 ized. 
 
 Sec, 4. Be it further enacted, That any person who Penalty for vio- 
 has a license under this act, and shall sell corn out of '"*'''" <•' "«"^^- 
 the county in which such license is granted, or who 
 shall sell at a greater profit than twenty per cent, on 
 the price paid to the producer, and charges, exclusive 
 of .the license fees and taxes on the same, shall, on con- 
 viction, be subject to the same punishment and penal- 
 ties as if he had committed wilful perjury; any person, 
 except the producer, and millers selling toll corn, who 
 shall, after this act becomes of torce, sell any corn with- 
 out first obtaining a license, as required bv the first „^,, ,,.,, 
 section, snail be guilty ol a misdemeanor, and, on con-jng without h- 
 viction, shall be fined not k;s3 than five hundred dol- '^*^''"' 
 lars, and imprisonment in the common jail not less than 
 six months. , 
 
 Se^. .5. Be it further enacted, That any probate judge t.inbiiity of pro- 
 who i^liall fail to comply with the provisions of the third ''"** J'"'''' 
 section of this act, shall be guilty of a misdemeanor, 
 and, on conviction, sliall be fined at the discretion of 
 Ibo jury trying the oftensc. 
 
1862. 46 
 
 Penalty for ex- ^^^" ^" "^^ U fuHher ciiacied, That from and after the 
 portation of corn time whcii this act becomes of force, it shall not be 
 wi^thput P""'* ja^vful for an}' person to export corn without the limits 
 of the state, except by the permission of the commis- 
 sioners' court of the county from which the corn is to 
 be exported ; and any person so exporting corn, or any 
 person aiding or assisting in such exportation, without 
 such permission, shall be guilty of a misdemeanor, and, 
 on conviction, be fined not less than five hundred dol- 
 lars, and imprisoned in the common jail not less than six 
 months ; but this section does not apply to the exporta- 
 tion of an}' corn owned by the Confederate government, 
 or by any of the Confederate states, 
 circuit judges to Sec. 7. Bc it further enacted, That the circuit judges 
 give this; act in throughout the state are required to give this act spe- 
 cially in charge to the grand jury, and it is made the 
 duty of each grand jury to inquire rigidly into any vio- 
 lation of the same, although no prosecutor appear; and 
 if, on such inquiry, there is probable ground to believe 
 that any violation of this act has been committed, such 
 dicr*^"'"' grand jury shall have no discretion, but are bound to 
 
 indict the ofiender. 
 To be published Sec. 8. Be U further enacted, That it shall be tbe duty 
 in all the papers Qf ^\^q governor to cause this act to be forthwith pub- 
 
 of the state. O , i • i ti i 
 
 lished in every newspaper in the state, and it shall be 
 
 of force from and after the expiration of thirty days 
 
 from the date of its approval by the governor, and shall 
 
 How long to bc^'*^*^^^^" ^" force until the expiration of twelve months 
 
 In force. after a treaty of peace between the Confederate States 
 
 and the United States. 
 
 Approved December 8, 1862. 
 
 No. 29.] . AIS ACT 
 
 To prevent the introduction and spread of small pox 
 in the State of Alabama. 
 
 Section 1. Be it enacted by the Senate and House of Bep- 
 
 resentatives of the State of Alabama in General Assembly 
 
 Slate agent to be conyewcr/, That it shall be the duty of the Governor to 
 
 appointed. appoint an agent for this State, whose duty it shall be 
 
 to procure and keep in a state of preservation au 
 
47 1862. 
 
 amount of vaccine virus sufficient for theuseof the in- 
 habitants of the State of Ahibania. 
 
 ^Seo. 2. Be it further enacted, It shall be the duty ofojiies of agent 
 the said agent thus appointed to appoint one agent for 
 each county in this State, and to furnish said county 
 agents with an amount of vaccine virus sufficient for 
 the use of their respective counties; it shall also be the 
 duty of the said agent for the State to issue a circular let- 
 ter to the county agents, setting forth the value and ef- 
 ficiency of vaccination as a preventative of small pox, 
 as taught by history and experience, and urge the vast 
 importance of prompt and energetic action on the part 
 of the said county agents, with directions for the pres- 
 ervation and proper use of the vaccine virus. 
 
 Sec. 3. Be it further enacted^ It shall be the duty of DuticBofconnty 
 the several county agents to appoint a sub-agent for "**"'*' 
 each election precinct in their respective counties, and 
 furnish said precinct agents with vaccine virus, and 
 with the circular letter of the agent for the State, upon 
 the reception of which it shall be the duty of the said 
 precinct agents to give notice in their respective pre- 
 cincts of their readiness to vaccinate all persons apply- 
 ing, or to furnish all discreet persons who may desire 
 to vaccinate others, with vaccine virus, and to urge up- 
 on all persons the great importance and necessity of 
 availing themselves of the means thus afforded them 
 for the prevention of this loathsome disease. 
 
 Sec. 4. Be it. farther enacted, That the Governor is one tiiousand 
 hereby authorized to draw his warrant on the Treasurer ^ri"!"."'*'"^*'' 
 for one thousand dollars, or so much thereof as may 
 be necessary to pay the State agent a reasonable com- 
 pensation for his services, and the expense he neces- 
 sarily incurs in the performance of the dulies imposed 
 on him by this act. 
 
 Approved November 27, 1862. 
 
 No. 30.] AN ACT 
 
 To aid the Confederate government in providing shoes 
 for the Alabama soldiers in the Confederate army, 
 and to impress the materials suitable for such shoes. 
 
 Sec 1. Be it enacted by the Senate and House of Bcp- 
 
18u2. 48 
 
 A i>o riation of I'^sentatites of the State of Alabama in General Assembly 
 vi'ohMadre'\ and convened, That in view of the magnitude of the present 
 ■ioilars!""*''" vViir, and under the apprehension that the Confederate 
 government, without the aid of this State, cannot sup- 
 ply the troops from this State in the Confederate army 
 with shoes in due time, the sura of two hundred and 
 fifty thousand dollars be, and the same is hereby ap- 
 propriated, to enable the governor to have fifty thou- 
 sand pairs of shoes manufactured or purchased^ orsuch 
 portion thereof as he may ascertain the wants of the 
 soldiers from Alabama require. 
 
 Sec. 2. Be it farther enacted, That to facilitate the 
 Govcrnortodom. accomplishment of the obiect of this act, the governor 
 
 raunicate with , ,, ^ - • i i i^ ,• i 
 
 the coofcderate shall conimunicate With the Confederate government 
 ovemment. ^^^^| ^,-|jp(-,j.,^-^ |.|jq proper authority thereof of the motives 
 which prompt the legislative provisions for the partial 
 supply of shoes for soldiers from Alabama, it being in* 
 tended only as aid to the Confederate government. 
 To that end the governor is hereby anthorized to con- 
 tract with the Confederate government to accept all 
 the slioes which he may furnish at such price as may 
 be agreed on by him and the Confederate government. 
 A«..,^.'r ♦„ '^ Sec. 3. Be it further enacted, That in order that the 
 pfesg. governor may obtain the quantity of shoes menrioned 
 
 in the first section of this act without being subjected 
 to delay or extortion^ he is hereb}' authorized and em- 
 powered to take and impress for the public use, in such 
 manner as he shall think proper, any shoes suitable for 
 soldiers, and any leather, and any other materials suit" 
 able for making such shoes, in the possession of any 
 person in this State— making just compensation there- 
 for out of the money in the first section of this act ap- 
 propriated. 
 Kcsiriction ns to ^EC. 4. Be U further cnactcd, That in all imprei^-sments 
 impreusment. Under thp provisious of this act, due regard shall be had 
 to the wants and necessities of the locality in which 
 any such impressments is made, and the extent ^o, and 
 the price at which the party impressed has contributed 
 to suppl}' these wants and relieve these necessities, as 
 well as to the amount of shoes and leather furnished 
 the State or Confederate government, and the prices at 
 which the same has been furnished. 
 Approved iJTovember 19, 1862. 
 
 'T<'''J^^- 
 
49 1862. 
 
 JTo. 81.] AN ACT 
 
 To provide spiuuing or cotton and wool cards. 
 
 Section. 1. Be it enacted by the Senate and House of Rep- g.^^y thousand 
 rcsentaticcs of the State of Alabama in General yl,?sem6^y dollars appropri- 
 convenrd, That the sum of sixty thousand dollars is " "^ " 
 herein' appropriated out of the Treasury of the State 
 for the immediate purchase of spinning cards in what- 
 ever mirket they can be found beyond the limits of 
 this State. 
 
 Sbc. 2. Be it farther enacted^ That his excellency the 
 
 _ '11 J 1. • 1. •ill Governor ma^ 
 
 governor is hereby empower- d to appoint a suitable appoint an agent 
 agent, whose duty and business it shall be in the speed- 
 iest and most eftectual manner to select and purchase 
 in foreign markets said spinning cards, and to provide 
 for their transportation and delivery at the office of the 
 Secretary of State. 
 
 Skc. 3. Be it farther enacted, That when said spia-Pocrct.iry of 
 iiing cards have been delivered as aforesaid, it shall be f',;'^*^)^^'*,^!!^^;^ 
 the duty of the Secretary of State to apportion the "^•^™- 
 same in proportion to white population among the 
 different counties, and to forward the same to the 
 judges of probate thereof, setting only such price upon 
 each pair as shall remunerate the State for the original 
 outlay, and such incidental expenses as may have arisen 
 from insurance, transportation or otherwise. 
 
 Skc. 4. Be it further enacted. That said agent shall be„ , , 
 
 11 J . , ' , , , ' • n 1 • • 1 Compenaatton of 
 
 allowed a just and reasonable compensation for his risk, agent, 
 trouble, time and his expenses, as liis excellency may al- 
 low to be paid out of any money in the treasury not 
 otherwise appropriated. 
 
 Skc. 5. Be it farther enacted. That his excellency the p„^„ or oot 
 governor is hereby clothed with all other powers neces-"""'^- 
 sary to carry this act into full and immediate effect. 
 
 Approved November 8, 1862. 
 
 No. 32.] AX ACT 
 
 Supplementary to an act entitled an act to provide Spin- 
 ning, or Cotton and Wool Cards. 
 
 Skc. 1. Be H enacted by (he Senate and House of Jiepre- 
 4 
 
18i2. 50 
 
 sentaiives of the State of Alabama in General Assembly 
 convened, That an act entitled an act to provide spin- 
 ning, or cotton and wool cards, shall he so construed as 
 to authorize the governor to endeavor to procure the 
 cards, h}' purchasing sterling exchange and remitting 
 it to ports beyond the Confederate States, for the pur- 
 chase of the cards, and to take the risk for the state of 
 running them through the blockade. 
 Approved November 25, 1862. 
 
 No. 33.] . AN ACT 
 
 To require all persons to do business in their own 
 
 names. 
 
 Sec. 1. Be it enacted by the Senate and House of JRevre- 
 
 edperBoa not. to scntati DCS of tkc State of Alabama in Generod Assembly 
 
 convened, That hereafter no person or persons shall use, 
 
 in the transaction of business, the name or names of 
 
 any former partner or partners, nor shall they use the 
 
 iirm name or style of a deceased partner or partners, or 
 
 of any former partner. 
 
 Penalty for vio- Sec. 2. Be it further enacted, That an3q:ierson violating 
 
 lation. ^Y^Q provisions of the preceding section, is guilty of a 
 
 misdemeanor, and, on conviction, shall be lined in a 
 
 sum not less than fifty dollars, at the discretion of the 
 
 jury trj'ing the same. 
 
 Sec. 3. Be it farther enacted, That this act shall not 
 take effect until six months after its passage. 
 Approved November 26, 1862. 
 
 No. 34.] AN ACT 
 
 To prevent the circulation of Change Bills. 
 
 Sec. 1. Be it enacted by the Sencde and House of Bepre- 
 shinpTas^teM.^" scntativcs of the State of Alabama in General Assembly 
 convened, That any person, private corporation, or asso- 
 ciation, who, without authority of law, makes, emits^ 
 1. accepts, or agrees to accept, by stamping or otherwise, or 
 
 signs, or countersigns, by printing, writing or otherwise, 
 
51 1862. 
 
 any ptiper, or instrument commonly caHed a ghinplas- 
 ter, to answer the purposes of money, or for general 
 circulation, such person, and each individual member 
 of such corporation or association, on conviction, must 
 be fine 1, for each offense, not less than twenty, norpenaty. 
 more than five hundred dollars, and may be imprisoned ■ 
 not less than three, nor more than twelve months, and 
 the signatures, whether written or printed, shall be 
 taken as genuine, unless the defendant denies the same 
 under oath. 
 
 Sec. 2. Be it further enacted,, That in indictments, un-^i^^^ suiBcieM 
 dor the preceding section, it is sufficient to charge that in indictment*. 
 the defendant emitted, passed off, paid out, or circula- 
 ted, without authority of law, any paper, or instrument 
 called a shinplaster, to answer the purposes of money, 
 or for general circulation, without further description 
 of such paper or shinplaster; and proof that atiy per- 
 son, private corporation, or association, and the indi- 
 vidual members thereof, emitted, passed off, paid out, 
 or circulated any such paper, or instrument called a 
 shinplaster, of any kind or description whatever, whe- 
 ther purporting to be made in or out of this state, shall 
 be deemed 7^n'/?ia facie evidence upon which the grand Qmnd jury wiih- 
 jury shall, without any discretion on their part, find a°" "scrcioo. 
 true bill. 
 
 Sue. 3. Be it further enacted. That it shall be the duty « . , . ^ 
 or the presiding judge to give thisacfspecially in charge and soiicitort. 
 to the grand jury, and it shall be the duty of the soli- 
 citors to summon witnesses before the grand jur}', to 
 testify to any violation of this act, and such witness 
 may be required to answer as to any offense against this 
 law within their knowledge, without in the first in- 
 stance inquiring as to any specified offense against this 
 act; and no witness shall be indicted for any offense 
 against this act, in relation to which he testifies before 
 the grand jury ; and any witness who, after being sum- 
 moned as a witness, refuses or neglects to attend and 
 testify, without a good excuse, shall be guilty of a mis- 
 demeanor, and may also be proceeded against for con- 
 tem[tt. 
 
 Sec. 4. Be it farther enacted, That any person, private unuwfui to cu- 
 corporation, or association, or any individual member '^"'•^*- 
 thereof, who circulates, passes off, or pays out any pa- 
 paper, or in.strument commonly called a shinplaster, 
 issued without authority of law, and to answer the pur- 
 
f 1862. 52 
 
 poses of money, or for general circulation, shall be 
 deemed and held the-maker of such paper or shinplas- 
 ter, and any person to ■whom such paper or shiuplaster 
 is passed or paid may bring snit on the same against 
 the person passing the same, as maker thereof, and re- 
 judgmcnt may covcr judgment, upon his own oath, upon one day's no- 
 be recovered, ^j^^ before auyjusticc of ths peace in any county in 
 this state, without regard to tlie county in which said 
 Proviso. paper was passed or paid out : Provided, that in the case 
 
 of a private corporation or association, having the mau~ 
 agement and control of its business committed to a 
 president, secretary, treasurer, board of directors, or 
 other official agency, only such members thereof as held 
 or assumed to hold such official agenc}', at the time of 
 the commission of the otfense charged, shall be held 
 prima facit liable for the acts of such corporation or 
 association, under the provisions of this act. 
 
 Sec. 6. Be. it farther enacted, That the provisions of 
 
 Not in force as to , . <• .i \ l ^ j.\ • • ^ ^■ 
 
 those who cireu- tliis act, 80 tar they relate to the passing, circulating, or 
 Ife'xt!'"^*^^'*"" payiug out of the paper currency prohibited thereby, 
 by persons other than the makers, acceptors, or endors- 
 ers thereof, shall not be of force until the first day of 
 Ajtril next. 
 
 Sec, 6. Be it further enoctcd, That all persons, private 
 ^^'^^' corporations and associations, having heretofore viola- 
 
 ted the provisions of sections 936, 3268, 3269, 3270 and 
 3271, are hereby relieved from all the pains and penal- 
 Proviao. ties imposed thereby : Proi7V/tvi, that this section shall 
 
 not be construed to deprive any person to whom such 
 illegal currency has been passed, or paid out as money, 
 of any civil remedy secured by existing law; and prO' 
 vided further, that no person, private corporation or as- 
 sociation, liable to redeem any such illegal currency, 
 and failing or refusing, on presentation and demand, to 
 redeem the same, shall be entitled to the benefits of 
 this section; and provided further, that none of the 
 provisions of this act shall be of force until after ten 
 days from the date of its approval : Provided, that the 
 redemption of such shinplasters shall be made in Con- 
 federate or state treasury notes, or in the regular isBue 
 of any chartered bank of this state. 
 Fees for convict ^^^' '^ • ^^ ^^ furthcr crtacted, That for each convic- 
 *'°°- tion under this act, the prosecuting attorney shall be 
 
 entitled to a fee of fifty dollars, to be taxed in the bill 
 of costs. 
 
53 18«2. 
 
 i 
 
 Sec. 8. Be it farther enacted, Tliat this act shall be Act to bo pub- 
 published once a week for four co^isecutive weeks in "*''®''- 
 the Montgomery Advertiser and Mail. 
 
 Approved December 9, 1862. 
 
 No. 35.] AI^ ACT 
 
 To fix the time of holding the general elections for 
 Judges of the Circuit Court, and Judges of Probate 
 and other inferior Courts. 
 
 Sec. 1. Be it enacted hy the Senate and House of Reiwe- 
 sentatives of the State of Alabama in General Assembly 
 convened^ That the general elections for judges of the 
 circuit courts, and judges of probate, and other iuferior 
 courts in their respective counties, shall be held as often 
 as necessary on the first Monday in May. 
 
 Api)roved ^November 24, 18(d2. 
 
 No. 30.] AN ACT 
 
 To amend the law in relation to elections in certain 
 
 cases. 
 
 Sec. 1. Be it enacted by the Senate arid House of Bep- 
 resentatives of the State of Alabama in General Assemlily 
 convened, Whenever a vacancy shall occur in the ofHee 
 of the judge of probate, clerk of the circuit court, tax 
 collector, or tax assessor, or County treasurer for any 
 county in this State, by reason of a failure from any 
 cause in said county to elect such ofHcers, at any gen- 
 eral election, where the qualified voters of such county 
 are authorized by hiw to elect such oflicers, or any ot ""'i^e"'"';/;; 
 theuj, such vacancy must be filled hy appointment in ""*''• 
 the manner now prescribed by law in cases of vacancy 
 therein from other causes. 
 
 Sec. 2. Be it further enacted, If at any general elec- 
 tion for governor and members of the general a-^sembly 
 the qualified electors of any county in this State hhall 
 from a«iy cause fail to vote for governor and to elect 
 representatives to the genei'al a?.seiuhly, and the gover- 
 
1862. 54 
 
 speciat election "°^ pball Order a special election for representatives for 
 to be ordered, tlic general asscmbly from such count}' to be held prior 
 to the next re<>:ular session of such assembly, the quali- 
 fied electors of such county who were entitled to vote 
 at the time of such general election shall be authorized 
 to vote for governor at snch special election for repre- 
 How conducted, sen tatives, and to that end the polls shall be opened, 
 and the election conducted and the returns thereof 
 made in all respects according to the law prescribed for 
 holding elections for governor and representatives at a 
 regular election. 
 
 Sec. 3, Be it fiirihcr enacted. In all elections held to 
 
 fill the oflices of senator to the general assembly, and 
 
 representatives in congress, whether general or special, 
 
 the returning officer of each county in which such elec- 
 
 Eeinrns to be tlou shall bc held must make a return of such election 
 
 u?y*of°state°by ^*^ ^^^ ^^^''^^^'T ^^ statc by mail, such return being 
 
 mail. sealed up and deposited in the post office, with postage 
 
 prepaid, within three days after the estimate of the vote 
 
 is made. 
 
 D .. f „„ Sec. 4. Be it further enacted. Any returning officer 
 
 Penalty for vio- _ ... ,'' . , i . . . '' r ^ 
 
 lauon. failing to compl}' with the requisitions of the preceding 
 
 sections, numbered two and three, shall be guilty of a 
 misdemeanor, and on conviction must be fined not less 
 than five hundred dollars. 
 Aa to Slate Sen- ^^^* ^- Bc it farther cnactcd, If any general or special 
 ator or Congress- clectJou for sciiator to the gcucral assembly in a district 
 composed of more than one county, or for a represen- 
 tative in the congress of the Confederate States, there 
 shall from any cause be a failure in any county in such 
 district to vote for senator or representative in congress, 
 Special eiectioa it i^hall bc thc duty of the governor to order an election 
 to be held in said county at such other time as he may 
 Notice to be puv appoint, giviug at Icast twenty days' notice of the time 
 lished. Qf such election by publication in such newspaper or 
 
 newspapers published in the state as he may direct, for 
 senator or representative in Congress, or both, as the 
 case may be. 
 
 Sec. 6. Be it further enacted^ On the fourth Monday 
 of state makes after any general or special election held for the office 
 estimate. ^^ scuator to tlic general assembly from a district com- 
 
 posed of more than one county, or for representative 
 to congress, it shall be the duty of the secretary of 
 state, in the presence of the governor, comptroller and 
 treasurer, or any one of them, and of such other per- 
 
55 1862. 
 
 sons as may be present, to make a correct estimate of 
 the returns made under the provisions of this act, as- 
 certain wlio is elected, and notify the persons elected by Must notify. 
 publication in a newspaper: Provided, however, that if proviso, 
 it shall appear that there was a failure to hold an elec- 
 tion in any county constituting a part of such senato- 
 rial or congressional district, the secretary of state may 
 postpone making the estimate of the votes from such 
 district, to the end that a special election may be or-8reci«i election 
 dered and held in such county, and the returns thereof '''''® ordered. 
 be made to the secretary of state ; but such postpone- 
 ment of the estimate of the votes for senator or repre- 
 sentative in congress must not be extended beyond the Limit of time as 
 Saturday before the session of the general assembly, or ° **'""' ^■ 
 the congress in which the senator or member of con- 
 gress to be elected would be entitled to take his seat. 
 
 Sec. 7. Be it farther enacted, If it bo ascertained by 
 the secretary of state, in making an estimate of theoerta?nM^*'how 
 votes cast at any general or special election for repre-fo'^proceed,^**** 
 sentative in congress, judge of a judicial circuit, or sen- 
 ator to the general assembly, from a district composed 
 of more than oi;e county, that any two or more persons 
 have received the highest and an equal number of votes 
 for either of such offices, in that event the election 
 must be decided by lotjn the manner following: The 
 secretary of state must write the names of the persons 
 receiving the higliest number of votes on separate 
 pieces of paper of like size, and roll or fold such pieces 
 of paper in the same manner as near as may be, so that 
 the name written therein is not visible, and then de- 
 posit the same in a box, and then after shaking the box 
 draw therefrom one of said pieces of paper, and the per- 
 son whose name ap[>oars written thereon shall be de- 
 clared elected. The decision of such election by lot in 
 the manner aforesaid, must be conducted in the pres- 
 ence of the governor, comptroller, treasurer, attorney 
 general, or at least two of them, and such other persons 
 as may desire to be present. 
 
 Sec. 8. Be it further enacted, It shall be the duty prc,<.t'7of suic 
 of the Secretary of State to issue certificates of cdec- '"'»»"« ""^^'b- 
 
 .. 1 V I 1 catei. 
 
 tion on demand by the proper person, to senators elect- 
 ed to the general assembly from districts composing 
 more than one county. 
 
 Sec. 9. Be it further enacted, That if at any general 
 election day for judges there shall be a failure from any 
 
1862. 
 
 56 
 
 In case of fail- cause to liold the election in any one county constitu- 
 GoVernirVo"ftp- ^^''o ^ P^''^ <^f t^i<^ j^^^icial c'lrcuit in which such elec- 
 ''O'"^- tion of jutlge was authorized by law to be made at that 
 
 time, a vacanc^^ shall be deemed to exist in the office of 
 judge of such circuit, and it shall be tilled by appoint- 
 ment by the governor and the person appointed tliereto 
 ■*- umfc.: It ^'y ^^^"^ shall hold until the next regular election day of 
 *T«»^ j^idges and until the election and qualification of his 
 successor. 
 Approved December 8, 1862. 
 
 Ko. 37.] 
 
 AN ACT 
 
 To authorize the Governor to lease for a period of not 
 exceeding ten years, to the Confederate GM3vernment, 
 a certain portion of the Saline lieserves. 
 
 Sec. 1. Be it enacted by the Senate and House of Ttepre- 
 OrlvlTnoT."^ ^^^ seniatices of the State of Alabama in General Assembly 
 convened^ That the governor is authorized to lease for a 
 period not exceeding ten years, to the Confederate gov- 
 ernment, for the purpose of making salt by atmospheric 
 evaporation, for such time, on such terms, and under 
 such regulations as he may deem expedient and proper, 
 any part or portion of the upper saline reserves belong- 
 ing to the state, in Clarke county, not exceeding twenty 
 acres: Provided, that, in his opii.ion, such transfer can 
 be made without injuriously effecting the operation of 
 the statu or its citizens in making salt on said reserves. 
 
 Approved December 9, 1862. 
 
 Limit of acres. 
 
 No. 38.] 
 
 AN ACT 
 
 To enable the people of Alabama to procure necessary 
 supplies of Salt at reasonable prices, and for other 
 purposes. 
 
 Six. 1. Be it enacted htj the Senate and House of liep'e- 
 
 Ratincation of sentatiucs of the S ate of Alabama in General Assembly 
 
 contracts. convencd, That all contracts and agreements made since 
 
 the adjournment of the last regular session of the geu- 
 
m 1862. 
 
 eral assembly of the State of Alabama, by the Governor 
 of said State, and for and on behalf of said State, for 
 the purchase, manufacture and transportation of salt, 
 for the use of the people of said State, be and the same 
 are hereby ratified and confirmed. 
 
 Sec. 2. Be it farther enacted^ That the Governor be 
 and he is hereb}' authorized, for and on behalf of said rizertoconunue 
 State, to continue the operations of manufacturins; salt &c'!^'*'^^°'^'^*' 
 now being carried on under his direction upon the up- 
 per salt lands of this State, in the county of Chirke ; and 
 to use such means for the development of the saline 
 waters of the State, and the speedy and efficient pro- 
 duction of salt therefrom, as iu his judgment the wants 
 of the people and the interests of the State may re 
 quire; and to take such other measures and make such 
 other contracts as he may deem expedient to secure a 
 timely supply of salt for the people of Alabama. 
 
 Sec. 3. Be it farther enacted, That the Governor of Authorized to 
 Alabama be and he is hereby authorized to appoint an cummissionei! 
 agent, to be styled the "Salt Commissioner of Alabama," 
 to superintend the operations of develoiung the saline 
 waters of this State, and the manufacture of salt pro- 
 vided f )r in the precediui; section of this act, and to be 
 removable at the discretion of the Governor. Said 
 Commissioner shall give bond in the sum of fifty thou- 
 sand dollars, payable to the State of Alabama, and ap- 
 proved by the Governor, conditioned for the faithful per- 
 formance of liis duties as such agent and commissioner; 
 and shall be allowed for his services reasonable compen- compensation of 
 
 ,• . \ n \ \ ^\ m J. A. 1 ii saltCommlssion- 
 
 sation, to be fixed i>y tlie Governor, not to exceed thetr. 
 rate of two thousand five hundred dollars per annum; 
 and A. G. McGehee, for the services heretofore rendered 
 b\' him as salt commissioner, under appointment of the 
 Governor, shall be allowed the compensation provided 
 for in the preceding part of this section. 
 
 Skc. 4. Beit farther nmcted. That the salt manufac-_ ,. . .^ . 
 tureu or purchased under the provisions of this act shall distributed, 
 be distributed among and sold to the inhabitants of 
 this State, at prices not to exceed the cost of manufac- 
 ture or purchase, and sacking, with transiiortation and 
 other incidental expenses added, when not sold at the 
 place cA' manufacture or purchase. In the distribution 
 thereof, due regard shall be had for the wants of coun- 
 ties remote from means of public transportation ; and 
 no person shall be entitled to purchase said salt except 
 
1862. 
 
 58 
 
 One hundred 
 
 for private use, nor in quantities cjreater than twenty- 
 five pounds per head for his family, or for individuals 
 or families 6o)?a _^(/c represented by him, until all the 
 people of the State are supplied. 
 
 Sec. 5. Be it farther enacted, That in order to enable 
 thousand doiiars the Govemor to carry out the provisions of this act, the 
 Bpproprm e . ^^^^^^ ^^ ^^^^ liuudrcd tliousaud dollars, or so much thereof 
 as may be necessar}', be and the same is hereby appro- 
 priated out of any money in the treasury not otheru'iee 
 appropriated. 
 
 Sec. G. Be it farther enacted^ That the Governor 
 may at any time lease out the said works, or any por- 
 tion thereof, and any other or any portion of the State 
 salt works which the State may regain possession of, 
 by the recission of any existing contract between said 
 State and John P. Figh, as well as the salt lands be- 
 longing to said State, on such terms as the Governor 
 may deem best for the interests of the State. 
 Approved December 9, 1862. 
 
 Governor may 
 leise out the 
 WorkB. 
 
 No. 39.] 
 
 AN ACT 
 
 To amend an Act supplemental to two several Acts in 
 relation to Salt, approved December 7, 1861, and the 
 several Acts to which it is supplemental, and for 
 other purposes. 
 
 Advance author- 
 ized. 
 
 Pnrposea. 
 
 Sec. 1 . Be it enacted by the Senate and House of Repre- 
 sentatives of the State of Alabama in General Assembly 
 convened. That for the purpose of encouraging the pro- 
 duction of salt by John P. Figh, lessee of certain salt 
 lands in Clarke county, on which the said lessee has in 
 operation certain salt works, the governor is hereby au- 
 thorized to advance to said lessee a sum of money not 
 exceeding ten thousand dollars, to be expended by the 
 said lessee in the purchase of additional salt pans,. ket- 
 tles and boilers, in boring additional wells for supplying 
 salt water and for the erection of additional furnaces. 
 To secure fidelity in the use of such advance, the go- 
 vernor shall require the said lessee to enter into bond 
 with good security to faithfully comply with the pro- 
 visions of this section. 
 
 Sec. 2. Be it farther enacted, That the terms of the 
 
69 1862. 
 
 lease of the said lessee be, and the same are hereby Terms of ie«8e 
 changed in the several respects hereafter shown : ^jj^ '='"'"e<''*- 
 said lessee shall relinquish to the State of Alabama the 
 bount}^ of ten cents per bushel allowed him by existing 
 laws, and shall deliver to the governor, or to the agent 
 of the governor, at the place of manufacture, two-lif'ths"**'^ "'*"^'''- 
 of all the salt hereafter manufactured by said lessee — 
 the said lessee retaining for himself the other three- 
 fifths of all the salt hereafter manufactured by him. 
 Divisions of the salt hereafter manufactured from time 
 to time by said lessee, shall be made as often as re- 
 quired by the governor, so as to enable the governor 
 to procure, as often as he thinks proper, deliveries of 
 the portions of thesalt to which the State is entitled 
 by the provisions of this act; and such deliveries must 
 be made by said lessee as often as required hy the go- 
 vernor. The said lease shall expire at the termination 
 of the existing war, unless continued afterwards by the 
 consent of the governor and said lessee. The said les- 
 see shall keep a correct account of all salt manufactur- 
 ed, and render monthly statements thereof to the go- 
 vernor under oath. The governor in person, or by Lands to se t of 
 agent, shall lay off and set apart to the exclusive use ^p"**^*"" '**^^^^ 
 and control of said lessee, so much of the lands inclu- 
 ded in his said lease as will secure him against any in- 
 terference or hindrance in the enjoyment of his said 
 lease, or in tlie procurement of water adequate to the 
 supply of any n.umber of boiling furnaces, machinery 
 and other fixtures necessary to the full enjoyment of 
 his said lease. In the event the present war shall close, certain contm- 
 or tire lessee be compelled by the enemy to abandon fj"*"^ provided 
 his salt w'orks and in consequence thereof he be desir- 
 ous of abandoning his lease, in such case he shall at 
 once signify such intention or desire to the governor, 
 \ylio shall thereupon, on the part of the State, relm- 
 linquish such portion of the advances which shall have 
 been made to him by the governor, and shall remain 
 unrefunded : Provided, Such unrefunded portion shall provino. 
 have been expended in the purchase of boilers, salt 
 pans and kettles, and in the erection of furnaces and 
 boring of wells, or in other permanent improvements 
 upon the salt lands included in said lease, and said les- 
 see shall turn over to the governor, free of charge, all 
 the improvements made by said lessee upon said lands 
 including the boilers, salt pans, kettles and other fix- 
 
1862. 60 
 
 tures or appurtenances to the said salt works used by 
 
 liini, and not actually worn out or lost or destroyed. 
 
 Sec. 3. Be it farther enacted^ That the governor be, 
 
 GoTernor mav ^^"^^ ^6 18 hereby authonzcd 10 contract with any other 
 
 contract with person, or persons, for the manufacture of salt on any 
 
 other persons. ',.11,. , , •. • » • ti . , 1 . 
 
 of the pubhc salt lands in this State, upon such terms 
 
 as he may deem just, not inconsistent with the rights 
 
 and privileges of said lessee John P. Figh under his 
 
 Proviso for ben- said lease: Provided^ That said lessee John P. Figh 
 
 Y\lh.^ •^'*'"' ^- shall have the exclusive use and control of all timber 
 
 growing or being upon the lands included in his said 
 
 lease during the continuance thereof: And 'provided 
 
 Further ptov'.ao. further, That all the timber growing or being upon the 
 
 lands known as the upper salt reserve, shall be reserved 
 
 and held under the control of the governor or his agent 
 
 Governor or for the usc of State Salt works; and the govermir in 
 
 agent to locate, ^g^.^.^^^^ ^^, y^^ pi'oxy, IS hereby authorized and required 
 
 to :ocate all p'^rsons other than lessees of the State, 
 
 engaged in manufacturing salt upon the public salt 
 
 lands, and set apart to each manufacturer, suitable 
 
 grounds by metes and bounds, in such manner as to 
 
 secure the State works and all lessees under the. State, 
 
 from hindrance or inconvenience in the prosecution of 
 
 manufacturing salt, and to prevent collision between 
 
 those who may be manufacturing for their own use: 
 
 Proviso inhiv>it- Provided, That said lessee Figh shall not sub-let any 
 
 iub-i^ui'Dg.''"' portion of the furnaces or machinery so leased to him 
 
 without' the consent of the governor: A-nd provided 
 
 further, That the governor shall not permit any person 
 
 to manufacture any salt upon any of the public salt 
 
 lands, without a contract of lease. 
 
 Proviso as to vio- Sec. 4. Be it further enacted, That if any lessee of 
 
 tracT °^ "°'any salt works in this State shall violate the contract 
 
 under and by which he leased the sariio, the governor 
 
 is hereby authorized to take immediate possession of 
 
 and hold and work the same; and if the exercise of 
 
 such authority is resisted, the governor may enforce 
 
 the same by the military power of the State. 
 
 Sec. 5. Be it further enacted, That the governor shall 
 fheVt^e^how'tG Ciuise the salt he may receive under this act frora_ said 
 be distributed, lesscc Johu P. Figh, or fi'oni any other lessee of this 
 State, to be distributed among the counties according 
 to their population; the salt for each county to be 
 placed under the control of its court of county com- 
 missioners, who shall distribute, the same among the 
 
61 18G2. 
 
 citizens of the county, according to their actual wants, 
 giviiii^ a preference to the families of soldiers in the 
 military service of this State or of the Confederate Price of aait. 
 States; and the governor shall only charge such price 
 for the salt thus distributed as he deems just and fair. 
 
 Sec. 0. Be it fartlw enacted, That this act shall not Act when to go 
 go into effect, in so far as it ciianges the terms of the 1^"^^*'^*''" '" ^^ 
 said lease of the said John P. Figh, until he shall sig- 
 nify to the governor his assent to the provisions of this 
 act; which assent, if signified at all, must be signified 
 in writing signed by him and filed with the governor 
 within two days after the approval of this act by the 
 governor. If the said lessee John P. Figh shall not "^'i?' '^ ^'«'>, 
 
 i. X J.1 • • • X? ^1 • 1. -i.! • ^t X- ehall not Ofsent. 
 
 assent to the provisions of this act within the time 
 aforesaid, he may within that time signify in writing 
 to the governor his desire to tenninate his said lease; 
 and if he docs within that time so signify his desire 
 to terminate his said lease, he is hereby authorized to 
 terminate it upon compliance with the terms and con- 
 ditions indicated or prescribed in the last sentence 
 of the second section of this act ; and if said lessee 
 Fiffh should thus tern:iinate his said lease, the trovernor^, . ., , 
 IS nerel)y autnorizea to lease tlie saia lands and pro- termin&ied. 
 perty embraced by or connected with said lease, with- 
 out delay, upon such terms and conditions as he deems 
 best for the State. 
 
 Approved, Dec. 9, 18G2. 
 
 No. 40.] AN ACT 
 
 To prevent Salt manufactured by any of the Lessees 
 of the Public Salt LandB of this State from being 
 sold to non-residents of this State. 
 
 Sec. 1. J3e it exacted hi/ ihr Smaic and Ifonsr, •^Z' i^g"'c- ucuwfai to b« 
 BC7itativcn of the State of Alabama in General Aesembh/iia\<x or A\i^ofc<S 
 ronvc'ed, That it shall not be lawful for any of the salt "i.sVu.""' °^ 
 manufactured upon any of the salt lands belonging to 
 this State, to be carried out of this State, or to be sold, 
 given or delivered to any [lerson for the purpose of be- 
 ing carried out of this State, anii if any person shall 
 ^•''^late, or knowingly aid or abet iu vio'latint; the pro-,. ,. ^, .„ 
 
 r 1.x • 11111 •! . -'^ ' rcnalty for tIo* 
 
 ions ot thia act, he shall be guilty ot a misdemeanor, i»n<">. 
 
1862. 62 
 
 and on conviction shall be 'fined in any snm not less 
 tliati one thousand dollars, and imprisoned for any pe- 
 riod not less than three months, at the discretion of 
 the jury trying the cause: Provided, That the govern- 
 or may lease to persons other than residents of this 
 !^°^"°°'' "^'y State, such quantity of the public salt waters as he may 
 
 lease to non-res- ' .i J tr r-i i-i' 
 
 idents. deem consistent with the wants of the people or this 
 
 State, and upon such terms as he may deem just; and 
 the salt manufactured by such lessees may be carried 
 out of the State upon the written authority of the go- 
 vernor. 
 
 Approved, December 9, 1862. 
 
 m. 41.] AN ACT 
 
 For the benefit of the hospitals established in Rich- 
 mond, Va., for sick and wounded soldiers from Ala- 
 bama, also for the benefit of the Military Aid Society 
 of Mobile, and for other purposes. 
 
 Sec. 1. Be it enacted hy the Senate and House of Hepre- 
 KpT>'ropr\ntion of sen tatives of the State of Alabama in General Assembly 
 mMThospUau! co?ivenet?, That the sum of thirty thousand dollars, or 
 so much thereof as may be necessary, be and the same 
 is hereby appropriated and placed at the disposal of the, 
 governor of this state, for the benefit of the hospitals 
 established in the city of Richmond for sick and wound- 
 operations may ed soldicrs from this state in the Confederate army, and 
 the hospital operations supported by this appropriation 
 may be extended to any part of the military depart- 
 ment of general Robert E. Lee, commanding the army 
 of the Potomac j out of thaamount appropriated in this 
 Pay of supcrin- section, thc govcmor is authorized to pay the superin- 
 tendent of the hospitals such compensation as he may 
 deem just, and he may take into consideration not only 
 thc services rendered, but also the increased or dimin- 
 ished expenses incidental to a residence in Richmond. 
 Appropriation of Sec. 2. Bc it further enacted, That the sum of four- 
 ?arVAi/soc!ltyi teen thousand dollars, or so much thereof as maybe 
 Mobile. necessary, be and the same is hereby appropriated for 
 
 the benefit of the Military Aid Society of Mobile, and 
 that the same be placed uud3r the control of the gov- 
 ernor, to be paid over from time to time to such officer 
 
63 1862. 
 
 or agent of said society as may be authorized to receive 
 it, and to be expended as said society may deem best 
 for the relief of the sick and wounded soldiers in Mo- 
 bile, or at any other place in the military department 
 now commanded b}' general Pemberton. 
 
 Sec. 3. Be it furllier enacted, That the'sum of twen- 
 ty-five thousand dollars be placed under the control of lilvonor'^eu. 
 the governor, any portion of which may be used by """"^^'^ ""'T^' 
 him in such manner and in such places as in his judg- 
 ment may be proper for the benefit of the sick and 
 wounded soldiers in the Confederate army from this 
 State now under the command of general Bragg. 
 
 Sec. 4. Be it further enacted, That the sum of five f°/n,e''j5'oiS'*' 
 thousand dollars be and the same is hereby appropria- 
 ted to the Soldiers' Home in the city of Montgomery; 
 the sum of twenty-five hundred dollars to the Talla- pft i.iij^soo. °'* 
 ladega hospital ; the sum of five thousand dollars to the Feima Ladies' 
 Ladies' Aid Society at Selma, and the sum of thirty- ^'o.^"''"'''^'^'' 
 five hundred dollars to the Ladies' Aid Society at Greenviiie La- 
 Greenville, Alabama. Jstoo''*' '*^"*' 
 
 Sec. 5. Be it further enacted, That the governor is now to be drawn 
 authorized to draw his warrant on the auditor of the 
 treasury for all or any portion of the money appropria- 
 ted by this act, to be paid as directed by clause 3, sec- 
 tion 3, of an act entitled "an act making appropriations 
 for the military defense of the State," approved 6th 
 February, 18G1, and the governor shall cause a state- 
 ment or statements to be submitted to the next general rurnXawgen' 
 assembly of the amount and manner of expenditure, ""' *"^™'''^ 
 and shall require vouchers to be taken for all expendi- 
 tures when practicable. 
 
 Approved December 9, 1862. 
 
 A 
 
 No. 42.] AN ACT 
 
 To render certain persons subject to militia service. 
 
 Sec. 1. Be tt enacted hy the Senate and Ilouse of Rep- 
 rticniatives of the State of Alabama in General Assembbj i":nTn'A'°2t^. 
 convened, That from and after the approval of this act, f'"i>«biic. 
 justices of the peace, constables and notaries public, be- 
 tween the ages of eighteen and forty-five years, shall 
 
1862. G4 1^ 
 
 be subject to militia service, unless physically or meu- 
 tally disqualified for such service. 
 Approved December G, 18G2 • ' 
 
 No. 43.] AN ACT 
 
 To amend the Military Code. 
 
 Ceruin judidi.-ii Sec. 1. Bc it cTiacted hy the Senate and House of Rep' 
 offlcerB eftmpi. yesentafivcs of th» State of Alabama in General Atsembly 
 convened, That the Military Code of the Scate of Ala- 
 bama be so amended as to exempt from military ser- 
 vice judges of probate, sheriffs and solicitors. 
 Approved November 8, 1862. 
 
 No. 44.] AN ACT 
 
 To repeal an actio provide for the military education 
 of two young men from each county in the State of 
 Alabama, approved February 2l8t, 1860. 
 
 Sec. 1. Be it enacted hy the Senate and House of Bep' 
 rzstntatives of the State of Alabama in Gendral Assembly 
 convened^ That an act, entitled "an act, to provide for the 
 military education of two young men from each county 
 in the State of Alabama," approved February 21, 1800, 
 be and the same is hereby repealed. 
 
 Approved November 8, 1862. 
 
 No. 45.] AN ACT 
 
 To amend the act approved December 10, 1861, entit- 
 led an act to regulate judicial proceedings. 
 
 Bcciion9amehd' Sec. 1. Be it etiactcd bij the Senate and House of Bep- 
 ^'^- resentatives of the State of Alabama in General Assembly 
 
 convened, That section nine, of an act to regulate judi- 
 "gowier" for cial proceedings, approved December 10, 1861, be and 
 ••vojunteer." ^j^^ gamo is hereby amended by striking out the word 
 
65 1862. 
 
 "volunteer*' and inserting in lieu thereof the word sol- 
 diers. 
 Approved November 18, 1862. 
 
 No. 46.] AN ACT 
 
 In respect to forcible entry and unlawful detainer. 
 
 Sec. 1. Be it enacted by the Senate and Souse of Hep- 
 rcsentatives of the State of Alabama in General Assembly 
 convened, That the act to rcgnhitc judicial proceedingSgj^^,^^^ ,, 
 approved December 10th, 1861, so far as the sum con-e<nnpart. 
 flicts with the provisions of the Code in respect to for- 
 cible entry and unlawful detainer, be and the same is 
 hereby repealed. 
 
 Sec. 2. Be it further enacted, That courts having ju- 
 risdiction of the matters contained in article four, title certain courts 
 three, chapter two, in said code, shall be held upon at '"''"'°" 
 all times for the consideration and adjudication of ques- 
 tions arising under said article, chapter and title, and 
 judgment had thereon without delay. 
 
 Approved November 7, 1862. 
 
 No. 47.] AN ACT 
 
 To prevent false representations as to Government 
 Agencies. 
 
 Skc.I. Be it enacted by the Senate and House of Bcpre- 
 !i€ntatives of the State of Aiab(ima in General Assembly 
 eowcncd^ That if any person, or association of persons, 
 shall anywhere in the state of Ahibama represejit him 
 or themselves falsely, to-be agents of the Confederate 
 States government, or ot any state of said Confederate 
 government, or of any contractor under the same, with 
 the intention of purchasing any commodity whatever, *^''* ' 
 such person or persons shall be liable to indictment, and, 
 on conviction, be imprisoned in the penitentiary not 
 lees than one, nor more than five years. 
 
 Approved November 8, 1862. 
 
4 
 
 1862. 66 
 
 :N"o. 48.] AN ACT 
 
 To susspeud the operations of certain limitations of the 
 Code and Statutes of Alabama. 
 
 Sec. 1. Be it enacted by the Senate and House of Repre- 
 sentatives of the State of Alabama in General Assembly 
 convened, That all the provisions of the code, and all 
 statutes limiting the time within which appeals may be 
 taken, or within which dower may be recovered, or 
 Ti DC a -.spcndca. within which a civil suit or proceeding may be prose- 
 cuted, be and the same are hereby suspended until the 
 expiration of one year from the time a treaty of peace 
 shall be ratified between the Confederate States and the 
 United States : Provided, hoivever, that this act shall not 
 have the effect of reviving any right which has already 
 been barred by any limitation. 
 Approved November 8, 1862. 
 
 No. 49.] AN ACT 
 
 To suspend the operation of the statutes of non-claims 
 in certain cases. 
 
 Sec. 1. Be it enacted by the Senate and House of Repre- 
 sentatives of the State of Alabama in General Assembly 
 cerihiBiitne not convened, The time within which the court house of 
 to be computed. ^^^^ ^^^^^^^ iu tliis State shall have been within the 
 
 lines of the army of the United States, or any other 
 public enemy of the state, or of the Confederate States, 
 must not be computed as a portion of the time neces- 
 sary to create a bar, under sections 1883 and 1847 of 
 the code oi Alabama, to claims against the estates of 
 deceased persons upon which letters testamentary or of 
 administration may have been granted by any court of 
 said county. 
 
 Sec. 2. Be it further enacted, The time within which 
 , any loyal citizen of this state, or of the Confederate 
 
 Tune a citizen is ^ ^ J . , . ^•'•. • ,^ • .^ i- 
 
 In hands of en- States, may have been in captivity, or within the lines 
 ^uputed.'* *"* of any army hostile to their state, or Confederate States, 
 must not be computed as a portion of the time neces- 
 sary to create a bar, under sections 1883 and 1847 of 
 the code of Alabama, to any claim which such citizen 
 
67 1862, 
 
 may have held, either in his own right or as executor, 
 administrator, or guardian or trustee, against the estate 
 of any deceased person in this State. 
 
 Sec. 3. Be it further enacted, When any creditor, ei- Absence in «be 
 tlier in his own right or as executor, administrator, *''"'' °°' *» *»« 
 guardian or trustee, shall have been absent from his 
 home in the military service of the state, or of the Con- 
 federate States, the period of his absence in such mili- 
 tary service must not be computed as a portion of the 
 time necessary, under sections 1883 and 1847 of said 
 code, to create a bar to any claim which such creditor 
 may hold against the estate of any deceased person, 
 subject to be administered in this state. 
 
 Sec. 4. Be it further enacted, Corporations chartered ^ ,. ^ 
 l>y this state, which may have had anyplace of business to corporationc 
 within the lines of any hostile army in this state, shall 
 be entitled to relief intended to be provided by sec- 
 tion two of this act for citizens of this state. 
 
 Sec. 5. Be it further enacted. That nothing contained Not to retard -.pr 
 in this act shall operate to retard the settlement of ^3. **'° '"'"'*™*^'"' 
 tates of deceased persons, nor to increase the liabilities 
 of representatives of such estates as shall have been 
 settled or distributed prior to the presentation or filing 
 of the claims of creditors, intended to be protected by 
 this act : Provided, howevf.r, that such creditors shall not 
 be debarred from proceeding in such cases against the 
 legatees, devisees, or distributees of such estates, nor 
 against other creditors of such estates for contribution. 
 
 Approved November 24, 1862. 
 
 Ko. 50.] AN ACT 
 
 To suspend, during the war, the statute of non-claims 
 in certain cases. 
 
 Sec. 1. Be it enacted hy the Senate and Ilou^e of Repre- 
 sentatives of the State of Alabama in General Assembly 
 convened. That all statutes in this state, which require cr«dg."nl' 
 the presentation of claims or the filing of the same in 'i'^«*»«' !>«»«>• 
 the office of the judge of i>robate against estates of de- 
 ceased persons, either as solvent or insolvent estates, be 
 and the same are hereby suspended for and during the 
 war. 
 
1862. 68 
 
 Sec. 2. Be it further enacted^ That all rules of court, 
 
 Eu\e«of ccnrt ^"^ all laws that limit the time in which any suit or 
 
 sttjpended. : proceeding shall be revived in any court in this state, 
 
 be and the same are hereby suspended for and during 
 
 the war. 
 
 Approved December 5, 1862. 
 
 No. 51.] AN ACT 
 
 To authorize the sale of lands mortgaged to the State. 
 
 Sec. 1. Be it enacted hy the Senate and Bouse of Repre- 
 sentatives of the State of Alabama in General Assembly 
 Ala. * Tenn. R. convened, That the Alabama and Tennessee River rail 
 und3." ™"^ *^" J'<5"<i company, acting by their board of directors, be 
 and they are hereby authorized to sell the lands mort- 
 gaged by said company to the state, as security on ac- 
 count of the loan to the cornpan}' of a portion of .the 
 three per cent, fund, or so much thereof as the said 
 board ma;^ deem it advantageous to sell, and shall be 
 approved by the governor: Provided, that no such sale 
 shall be effectual to divest the lien of the state under 
 to proceeds.;^ g^-^ mortgage, until the proceeds thereof shall be paid 
 into the treasury, to be credited on the indebtedness of 
 said company on account of said loan. 
 Approved November 4, 1862. 
 
 No. 52.] AN ACT 
 
 To regulate the interest upon debts in payment of 
 which Confederate Treasury Notes ruay be tendered 
 and refused. 
 
 Sec. 1. Be it enacted by the Senate and House of JRepre- 
 sentatives of the State of Alabama in General Assembly 
 convened, That if it shall be made to appear to any 
 court of this state, in any suit or proceeding hereafter 
 commenced upon any contract hereafter made, express 
 or implied, for the payment of money, that before the 
 commencement of the suit or proceeding the defendant 
 or defendants therein, or his or her personal representa- 
 
69 18fi2. 
 
 tive, tendered payment of the debt in treasiir^'' notes of 
 
 the Confederate States, and the plaintiff refused to re- J*eTcen7. mtlrT 
 
 ceive thcni at their par value, it shall not be lawful for 
 
 the plaintiff in said suit or proceeding to recover more 
 
 than one-fourth of one per cent, per annum interest on 
 
 said contract. 
 
 Approved November 17, 1862. 
 
 No. 53.] AN ACT 
 
 To repeal in part an act entitled "An act in relation to 
 debts due Alien Enemies," approved 10th Decem- 
 ber, 1861. 
 
 Sec. 1. Be it enacted by the Senate and Home of Rep- 
 resentatives of the State of Alabama in General Assembly 
 conened, That an act entitled "an act in relation to Repealed us to 
 debts due alien enemies," approved 10th December, ''"'""° '''"**■ 
 1861, be and the same is hereby repealed, so far as it 
 prevents the collection of costs out of the dclendants 
 in judgments due to the clerks and sheriffs of the sev- 
 eral counties of this state. 
 
 Approved November 24, 1862. 
 
 No. 54.] AN ACT 
 
 *The more effectuall}' to provide for the redemption of 
 real estate sold under execution. 
 
 Sec. 1. Be it enacted by the Senate and House of Bep- 
 reseiUatives of the State of Alabama in General Assembly 
 convened, That upon any person, who is entitled to re- Tender in Bank 
 deem ony real estate, under the provisions of chapter ^''■'[*?i'"'7''**®* 
 4, part the 2d, and title six, of the code of Alabama, 
 making tlie tender as provided by said chapter in cur- 
 rent Bank notes, or treasury notes of the Confederate 
 States, or of this State, the title to the said real estate 
 shall vest in the person so making the tender, and he 
 shall be entitled to all the rights and remedies provided 
 by said chapter for the recovery of the possession of 
 the said real estate. 
 
1862. 70 
 
 Sec. 2. Be it further enacted, That the provisions of 
 Applies to sales t^i^*^ ^^^ shiUl apply to all sales heretofore made, the re- 
 heretoforcmadc. dumption of which is providcd for by said chapter, as 
 well as sales which may hereafter be made, upon which 
 the time of redemption has not expired, but shall not 
 have the effect to extend the period of redemption in 
 any case. 
 
 *Thi8 bill was vetoed by the Governor and then passed by the constitu- 
 tional maj, Nov. 3d, 1862. 
 
 No. 55.] AN ACT 
 
 To provide for the taking of testimony upon interroga- 
 tories in certain criminal cases. 
 
 Sec. 1. Be it enadnd by the Senate and House of Rep- 
 resentatives of the State of Alabama in General Assembly 
 convened^ That defendants in all criminal prosecutions 
 ^''*"* be tak™n" in this State, may take the testimony of all witnesses 
 
 ny mav 
 
 As to notice 
 
 absent in the army of the Confederate States, by filing 
 interrogatories with the clerk of the circuit court, and 
 complying with all the laws and provisions respecting 
 the taking of testimony by interrogatories in civil 
 cases; except that the notice required by law to be 
 served upon the party, or his attorney, shall be served 
 upon the prosecutor, if there be any residing in the 
 county, and not absent in the army, and if none resid- 
 ing in the county, or absent in the army, then by filing 
 in the office of the clerk the length of time as now re- 
 quired in civil cases; the clerk shall issue the commis- 
 
 .;oS!^'^^sio°nlj°^ sion to take the testimony or answers to the said inter- 
 rogatories, and cross interrogatories, which may be filed 
 by the prosecutor, or solicitor, as in civil cases, and in 
 taking and returning into court, all the laws respecting 
 interrogatories in civil cases, shall be applicable to tes- 
 timony taken under this act. 
 
 Sec. 2. Be it further enacted, That the State may, in 
 like manner, take the testimony of any witness absent 
 
 te'^t'irao^y! '^''Mn the amiy, whenever the defendant shall file with the 
 clerk of the circuit court his consent in writing, to the 
 same. 
 
 Approved November 17, 1862. 
 
71 1862. 
 
 No. 56.] AN ACT 
 
 To supply record evidence in certain cp,ses. 
 
 Sec. 1. Be it enacted hy the Senate and House of Rep- what transcripts 
 resentatives of the State q/ Alabama in General Assembly 
 convened^ That all transcripts of books required by law 
 to be kept in any of the land offices of this State, or in 
 the office of secretary of State, or the office of comp- 
 troller of public accounts, properly certified as correct, 
 by the proper custodian of said books, shall be received 
 as evidence in the courts of this State, and it shall be 
 no objection to such transcript, that the book from 
 which it ma}'^ be taken is a copy of office books, belong- 
 ing to the government of the United States. i 
 
 Approved, Dec. 9th, 1862. 
 
 No. 57.] AN ACT 
 
 To provide for the taking of testimony by registers in « 
 
 chancery. li 
 
 Sec. 1. Be it enacted by the Senate and Home of Rep- 
 resentatives of the State of Alabama in General Assembly when the Regis- 
 convened, That when interroojatories are filed in the !**'''"•'"'"'"' '*■■ 
 chancery court of this State, tor the purpose ot taking 
 the deposition of a witness in any cause pending in 
 gaid court, and the solicitor tiling the same, shall ap- 
 point the register, in writing endorsed on the interrog- 
 atories, as the commissioner to take the same, it shall 
 be lawful for said register to proceed to take Ihe testi- 
 mony, of the witness, or witnesses, specitied in the in- 
 terrogatories under the same rules and regulations 
 applying to the taking of such testimony, by'commis- 
 sioners appointed by said register, unless the opposite how if oppowng 
 party, within ten days after such interrogatories are ''*"' "'^''"• 
 filed, shall file an objection in writing, then the appoint- 
 ment of a commissioner shall be made as already pro- 
 vided lor by law. 
 
 Ap[(roved November 17, 1862. 
 
1862. 72 
 
 No. 58.] AN ACT 
 
 To provide for making persons absent in the Confede- 
 rate Array parties to applications to probate wills and 
 for grants of administration. 
 
 Sec. 1. Be it enacted by the Senate and House of Rep- 
 resentatives of the State of Alabama in General Assembly 
 convened. That all persons absent from this State in the 
 army of the Confederate States may be made parties 
 b}^ courts of probate in all applications to probate wills, 
 and grant of letters of administration by publication 
 in a newspaper, as in cases of non-residents. 
 
 Approved ^November 25, 1862. 
 
 No. 59.] AN ACT 
 
 To authorize the taking of depositions of subscribing 
 witnesses to wills in certain cases. 
 
 Sec. 1. Be it enacted by the Senate and House of Rep- 
 resentatives of the State of Alabama in General Assembly 
 convened, That the depositions of subscribing witnesses 
 to wills oftered for probate, who are in this State, and 
 in the service of the Confederate States, or of this State, 
 may be taken in such manner as the testimony of wit- 
 nesses residing out of the State, as is now required to 
 be taken hy section 1626 of the Code of Alabama. 
 
 Approved November 28, 1862. 
 
 No. 60.] AN ACT 
 
 To amend An act entitled " An act the more effectually 
 to secure subordination among slaves, by requiring 
 the owner, or overseer, to reside with them," ap- 
 proved February 5, 1856. 
 
 Sec. 1. Be it enacted by tne Senate and House of Rep- 
 resentatives of the State of Alabama in General Assembly 
 convened. That if the congress of the Confederate States 
 shall hereafter change, in any respect, that part of the 
 
73 1862. 
 
 exemption law, passed at its last session, which ex- 
 empts " one person, either as agent, or owner, or over- 
 seer, on each plantation on which one white person is 
 required to be kept by the laws, or ordinances of any- 
 State, and on which there is no white male adult, 
 not liable to do military duty," such change shall so 
 operate, from the time it is mudc, as to amend the act 
 entitled "An act the more ettectualh' to secure subor- 
 dination of slaves by requiring the <nvner, or overseer, 
 to reside with them," approved February 5, 1856, by 
 striking out of said act the words " six hands," and in- 
 serting in lieu of those words the words " twenty slaves," 
 but such amendment shall not affect any offence com- 
 mitted, or prosecution commenced, under said act prior ¥■ 
 to the time when such change, or amendment, may < 
 occur. ' 
 Approved December 9, 1862. ■* 
 
 No. 61.] AN ACT 
 
 To increase the fees of Jailors for victualing prisoners. 
 
 Sec. 1. Be it enacted by ihc Senate and House of Bep- 
 resentatkes oj the State of Alabama in General Assembly 
 convened, That from and after the passage of this act, 
 the jail fees, as to matters hereinafter specified, shall be p,i<.og. 
 as follows, viz : To victualling each white prisoner, 
 seventy-five cents per day ; for victualling each slave, 
 or free person of color, sixty-five cents per day, in lieu 
 of tlie fees now allowed by law for similar services. 
 
 Sec. 2. Be it further enacted, That this act shall con- continuance of 
 tinue in force no longer than the continuance of the ''"' 
 present war. * 
 
 Approved November 4, 1862. 
 
 No. 62. AN ACT 
 
 In relation to the officers of Court. 
 
 Sec. 1. Be it enacted In/ the Senate and Home of Bep- 
 reseniatives of the State of Alabama in General Assembly 
 
1862. 74 
 
 convened, That whenever there shall be a surplus of the 
 fund arising from fines and forfeitures in the county 
 treasury of any county in this state, over and above the 
 sura required to pay the registered claims of state wit- 
 nesses, it shall be the duty of the county treasurer of 
 the proper county to pay the fees of the ofdcers of 
 
 Fees of officers i. ■ • /• • • i • i • i i.i i i? i 
 
 tobepaid, court arising froni Criminal cases in which the deiend- 
 ants have been convicted, and have been proved insol- 
 vent by the return of executions — "no property found." 
 Sec. 2. Be it further enacted, In the cases alDove pro- 
 statement to bevided for, the officers of court shall make a statement 
 "****• under oath of the amount of such fees due them, re- 
 
 spectively setting out the style of each case, and the 
 term at which judgment was rendered ; and it" at any 
 time the costs so enumerated, or any part thereof, shall 
 be paid to the said officers of court by the defendants, 
 under execution or otherwise, they shall refund the 
 Asto lefunding. same to the county treasurer, who shall place the 
 amount to the credit of the fine and forfeiture fund of 
 the proper county. 
 
 Sec. 3. Be it further enacted, Any officer of the court 
 
 Penalty for vio- failing or refusing to comply with the requirements of 
 
 lation. ^1^^ preceding section, shall pay four-fold the amount so 
 
 withheld, to be recovered by motion of the county 
 
 treasurer in the circuit court of the proper county on 
 
 three days' notice to the defendant. 
 
 Sec. 4. Be it further enacted. That this act shall take 
 efiect from its passage only. 
 Approved November 14, 1862. 
 
 No.' 63.] AN ACT 
 
 To provide for the security of the records and papers 
 in the custody of the several officers of this State." 
 
 Sec. 1 . Be it enacted by the Senate and House of Rep- 
 resentatives of the State of Alabama in General Assembly 
 convened, That if any county in this State shall be iu- 
 inoase o. mya yj^^jg^j^ q,, gj^j^n Y)Q j,^ imminent danger of invasion by 
 
 the public enemy, it shall be the duty of such officer 
 residing in such county who is entrusted with the cus- 
 officers may re- tody of any rccoi'ds, papers or books, to remove the 
 same to a place or places deemed by him safe from the 
 
 In case of inva 
 
 move. 
 
75 1862. 
 
 inroads of the enemy, and to make the best arrange- 
 ment and provision he can for the preservation of such 
 papers, or books, or records. 
 
 Sec. 2. Be it further enacted, That the expenses prop- ^^^, ^^ ^^^^^ 
 erly incurred in the removal and preservation of such are to be paid. 
 papers, books or records, in each county, shall be a 
 charge upon the county treasury of the county from 
 which they were removed ; and the court of county 
 commissioners must make proper allowance and provi- 
 sion for such expenses : Provided, however, that the ex- Proviso as to «. 
 penses of removing and preserving the papers and re-^urt?wmK'"* 
 cords of the supreme court shall be paid by the trea- 
 surer of the state on the certificate of any of the judges 
 of said court, stating what is the proper sum to be paid 
 therefor. 
 
 Approved November 26, 1S62. 
 
 No. 64.] AN ACT 
 
 In relation to publications by Courts of Probate. 
 
 Sec. 1. Be it enacted by the Senate and House of Repre- 
 sentatives of the State of Alabama in General Assembly 
 convened, That in all cases in which by law any notice 
 or publication is required to be made from, or by any 
 court of probate, if there be more than one newspaper 
 published in the county the executor, administrator or 
 guardian, as the case may be, or their attorneys may Executor, &<:., 
 designate the paper in which the publication sljall be "w8pM.er' '*'* 
 made, and the judge of probate shall cause publication 
 to be made accordingly, ind if there be no newspaper 
 published in the county, the like |)rivilege shall be 
 granted to the said parties, and the like duty performed 
 by said judges. 
 
 Approved November 8, 1862. 
 
 
1862. 76 
 
 No. 65.] AN ACT "^ > -• ' 'i^' 
 
 To amend "An act to authorize certain settlements in 
 the Probate Courts of this State." 
 
 Sec. 1. Be it enacted by the Senate and House of Repre- 
 sentatives of the State of Alabama in General Assembly 
 avaiuLi.'^'^^^°^ convened, That the first section of "an act to authorize 
 certain settlements in the probate courts of this state," 
 approved December 9, 1861, be and the same is hereby 
 amended so as to read, "that hereafter whenever a judge 
 of probate of this State shall be incapacitated under 
 the provisions of section 560 of the Code, from making 
 settlements of any administrator, executor or guardian, 
 of his county, it shall be lawful for the register in chan- 
 cery of the district in which the county of such judge 
 of probate is situated, to make such settlements as if 
 he were the judge of probate. 
 
 Approved November 7, 1862. 
 
 No. 66.] AN ACT 
 
 To authorize the appointment of special Registers in 
 Chancery in certain cases, and for other purposes. 
 
 Sec. 1 . J3e it enacted by the Senate and House of JRep- 
 in which resetitativcs of the State of Alabama in General Assembly 
 special TegiHer convened^ That from aucl after tlic passagc of this act, 
 may be appoint- ^,jjQj.g^,gj, ^|-,q register of any chancery district in this 
 state has heretofore volunteered, or may hereafter vol- 
 unteer, in the military service of the Confederate States, 
 or of this State, and is absent from his office, engaged 
 in such service, the chancellor of ttie division in which 
 such district lies is authorized to appoint a special reg- 
 ister to discharge the duties of said offi.ce during the 
 absence of the register in such military service, requir- 
 Bond required. -^^^ ^-^.^^^^ j^j^ ^^^jj^ bond, with sccurity, as he may deem 
 
 proper to secure the faithful performance of his duties ; 
 and said special register, until the return of the regis- 
 ter or a vacancy occurs by the death or resignation of 
 Term of office, said register, is hereby authorized to perform all acts 
 and discharge all duties that registers in chancery by 
 law have power to do, and to receive the fees allowed 
 
77 1862. 
 
 by law to register? for the performance of similar du- 
 ties : Provided, however, that said special register may froviao. 
 at any tinjc before the return of the register, or a va- 
 cancy occurs as aforesaid, be removed by the chancellor 
 for any of the causes that would authorize the removal 
 of a register. 
 
 Sec. 2. Be it further enacted, That any and every ap- Pomer appoint- 
 pointment of a special rciiister within the provisions of "*'*^ "'"''^^" 
 tlie foregoing section, heretofore made by a chancellor, 
 be and the same is hereby ratified and confirmed. 
 
 Sec. 3. Be it further enacted, That every register, 
 (except special registers) heretofore or hereafter ap[;)oint- 
 ed, sliall continue to discharge the duties of his oifice ''■*''"''' ^®"* 
 until a successor shall be duly appointed and qualified, 
 notwithstanding the expiration of the time for which 
 he was or shall be appointed, and that he and his sure- 
 ties on his official bond shall continue liable thereon to 
 the same extent as if such time had not expired. 
 
 Approved Kovember 6, 1862. 
 
 Ko. 67.] AN ACT 
 
 To enable the Courts of County Commissioners of this 
 State to appoint Overseers and Apportioners ot pub- 
 lic roads over the age of eighteen and under the age 
 of sixty. 
 
 Sec. 1. Be it enacted by the Senate and Home of Bep' 
 resentatives of the State of Alabama in General Assembly 
 convened, That if hereafter the court of county commis- 
 siofiers of any county appoint, as an anportioner of an 
 election precinct, or as an overseer of a road precinct, 
 a white male person over eighteen years of age and not 
 exceeding sixty years of age, as such court'is hereby 
 authorized to do under section 1142 of the code aa 
 hereby ameiided, it shall be no excuse for not accepting 
 any such office, that the jtcrson appointed is over the 
 age of forty-five years; but every other excuse sanc- 
 tioned by section 1140 of the code remains unaffected 
 by this act: Provided, howerrr, that this act shall con- j,^^^,^^ 
 tinue of force only during the war and one year there- 
 after. 
 
 Approved November 10, 1862. 
 
1862. 78 
 
 No. 68.] AK.ACT 
 
 In relation to the Records of the Courts of County 
 Commissioners. 
 
 Section 1. Be it enacted by the Senate and House of Rep- 
 resentatives of the State of Alabama in General Assembly 
 convened, That all vouchers taken b}- any court of county 
 commissioners, or judge of probate, for moneys or sup- 
 plies ot any kind, which have been or may hereafter 
 distributed, under any laws enacted by. this general as- 
 sembly for the benetit of the indigent families of sol- 
 Vo'uchersBsto^^^^'^' "^"^^ ^® numbered, filed, and carefully preserved 
 indigent families by tlic judgc of probatc who shall have taken or caused 
 preserved!"' ^^ such vouchcrs to bc takcu ; but it shall not be the duty 
 of such judge to cause such vouchers to be recorded, any 
 law to the contrary notwithstanding. 
 
 Sec. 2. Be it further enacted, That this act shall be 
 
 Act to be pub- published for one week in the city papers of Montgom- 
 
 iisbed. Qj,y^ j^j-nj |.^Q copies of each of said pjipers be forwarded 
 
 by the secretary of state to each judge of probate in 
 
 this state. 
 
 Approved December 5, 1862. 
 
 N'o. 69.] AN ACT 
 
 To authorize Executors, Administrators, Guardians and 
 Trustees to provide salt for their trust estates. 
 
 Section 1. Be it enacted by the Senate and House of Rep- 
 rescntatives of the State of Alabama in General Assembly 
 convened, That executors, administrators, guardians and 
 trustees are hereby authorized to employ any slaves 
 held by them as such executors, administrators, guardians 
 or trustees, at any of the saline works in this state, for 
 the purpose of making salt for the use and benefit of 
 the estates or persons they represent. 
 
 Approved November 28, 1862. 
 
79 1862. 
 
 No. 70.] AN ACT 
 
 To amend an act approved November 9, 1861, entitled 
 "An act to authorize Executors, Administrators, Guar- 
 dians and Trustees to make loans to the Confederate 
 States, and to purchase, and recsive in payment of 
 debts due them, Bonds and Tresurj Notes of the Con- 
 federate States, or tlie State of Ahibama, and cou- 
 pons which are due on Bonds of the Confederate 
 States and of said State." ..,»^4**^. 
 
 Sec. 1. Be it enacted by the Senate and House of Repre- 
 sentatives of the State of Alabama m General Assembhj 
 convened, That executors, administrators, guardians and 
 trustees may sell the crops of estates committed to for'^^Bonds""?? 
 them, respectively, for the bonds or treasury notes of ''''■'^"'"■'' ''''''^•• 
 the Confederate States, or State of Alabama, and cou- 
 pons which may be due on such bonds, without incur- 
 ring any personal responsibility by so doing, and the 
 bonds, treasury notes or coupons received in payment 
 for such crops shall be assets of the estates for which 
 such crops are sold, and be accounted for as such. 
 
 Approved November 8, 1862. 
 
 No. 71.] AN ACT 
 
 To authorize Executors, Administrators, Guardians and 
 Trustees to remove slaves to a place of safety in caso 
 of invasion. 
 
 Sec. 1. Beit enacted by the Senate and House of Repre- 
 sentatives of the State of Alahama in General Assembhj 
 convened, That executors, administrators, guardians and 
 trustees be, and they arc hereby authorized to remove 
 slaves in their charge to a place of safety, in or out of 
 the State of Alabama, whenever, by reason of an actual 
 threatened invasion of the countr}', there may be dan- 
 ger of the escape, or capture by the public enemy, of 
 such slaves. 
 
 Approvod XovombfT S, 1862. 
 
18u2. 80 
 
 No. 72.] AKACT "-- J^ -> 
 
 To authorize Executors and Administrators to admin- 
 ister oaths in certain cases. 
 
 Sec. 1. Be it enacted by the Senate arid House of Bepre^ 
 sentatives of the State of Alabama in General Assembly 
 convened^ That it ehall be lawful for executors and ad- 
 ippM^serf^'^and^^^"^^^''^^'^'^*'^ ^o administer the oath by law required to 
 tommiseicnere. bc administered to appraisers of the estates they re- 
 spectively represent, and to commissioners appointed to 
 divide the property of the estates they respectively rep- 
 resent; and the oaths so administered shall be in all 
 respects valid, and the violation thereof as punishable 
 as if administered by an officer authorized by law. 
 Approved December 4, 1862. 
 
 Ko. 78.] AN ACT 
 
 To increase the price of certain public lands belonging 
 to the State of Alabama. 
 
 Section 1. Be it enacted by the Senate and House of Rep- 
 resentatives of the State of Alabama in General Assembly 
 convened^ That the lands lying along the line of any 
 wr^ption,''^'^ ^*^ rail road or proposed rail road, or navigable water cour- 
 ses in this state, and being within six miles of the said 
 road, shall hereafter be sold for not less than ten dollars 
 per acre, and all the lands along said roads, over six 
 miles and under fifteen miles, shall hereafter be sold for 
 not less than three dollars per acre ; and all the lands 
 in this state, known as the swamp and overflowed lands, 
 shall hereafter be sold lor not less than ten dollars per 
 acre; and all other lands in this state, which are now 
 subject to entry and arc the property of the state, shall 
 hereafter be sold for a sum not less than one dollar and 
 fifty cents per acre. 
 
 Sec. 2. Be it further enacted, That sections tw^enty- 
 
 n • .• .. ,.,«. nine, thirty and thirty-one of the ordinance of the con- 
 
 repealed^ vcntiou adopted 20th March, 1861, "in relation to the 
 
 waste and unappropriated lands of the State of Ala- 
 
 • bama,'* be and the same are hereby repealed : Provided^ 
 
 that no lands now occupied by any regularly enlisted 
 
81 1862. 
 
 soldier or volunteer, or his family or widow, .to the ex- 
 tent of eighty acre?, shall he subject to entr}'', by others 
 than such, under the provisions of this act. 
 
 Sec. 3. Be it further evaded, Tiiat the iron and coal Mineral iand» 
 lands be withdrawn from market nnd sale, except such^"*"''"'"'- 
 amount of said lands as will be necessary to keep in *^'"'^'""'"* 
 operation the foundries that have been or may licreafter 
 be erected ; the said amount and price thereof to be 
 determined by the governor and the commissioner of 
 public lands, upon satisf ctory proof of the quantity 
 of lands so needed and the quality of the same. 
 
 Approved December 8, 1862. 
 
 No. 74.] AN ACT 
 
 To consolidate certain Land listricts therein named. 
 
 Section 1. Be it enacted by the Senate and. House of Bep- 
 resentatkes of the State of Alabama, in General Assembly 
 convened^ That the land district now known and dcsig-\vi,ai districts 
 nated as the Huntsville Jjand District, is I ic pc by a't-'^"" *"'''""«''• 
 tached to and made part of the Centre Land District, 
 Ro Qfl to embrace all the lands heretofore lying within 
 both of said districts in one district, to be <lcsignated 
 QS the Centre Land District ; and the governor is hereby nuiyofgovcmoi 
 directed to cause the books, charts, maps, field notes, 
 papers, and other mutiimcnts of title now in IIni»ts- 
 ville Land Office, to be removed to said Centre j^and 
 Office, and upon such removal they shall bi-come re- 
 cords of the latter office, and the office ol register luul 
 receiver of the Huntsville Land Offi<c shall, upon suth 
 renjoval, be abolished, and the duties of s»k'Ii office 
 thereafter be perfoinud by the register and rvccivcr of 
 the Centre Land Office: Prodded, That the conimis- 
 sionerof public lands, vviih the concurrence of the go- 
 vernor, is authorijjed aiul required to remove the office, 
 of the Centre Land District from the tovvji of Centre- 
 to .«uch place, within said dis'rict as will be most con- 
 venient to the inhabitants of said distiict, liuving busi- 
 ness with saiii office. 
 
 Approved December 9, 1862. 
 
1862. 82 
 
 ]^o. 75.] •^'^'^ A^ ACT 
 
 Fixiiiirtho time witliiii Avliich proof of settlement .'ind im- 
 provement ou public lands may be made in certain cases. 
 
 Section 1. Be it enacted by the Senate and House of Rep- 
 resenhitkes of the State of Alabama in General Assembly 
 eoncened, That any person who was an occnpant or set- 
 tler upon an}' public land of the United States, prior 
 
 Time extended toll.th J ail uarv, 1861 ; or Avho, since that time, has 
 settled and improved any of the public lauds ot the 
 State: and who was entitled to the riwht of pre-emp- 
 tion according to the provisions of section 23 of the 
 ordinance of March 20, 1861, in relation to waste and 
 unappropriated lands in the State of Alabama, and who 
 has not been able to make proof of his settlement and 
 improvement thereof, or wdio has not made payment 
 therefor, within the time limited in said section, in con- 
 sequence of his having been a soldier in the army of 
 the Confederate States, shall be permitted to make such 
 proof and pay for such land within six months after the 
 termination of the present war; and in any case where 
 such soldier may have died, or may hereafter die, be- 
 fore consummating his claim, it shall be competent for 
 his executor, or administrator, or any of his heirs, to 
 
 „ , ., make the proof and payment required as above; and 
 
 Forfeiture as to . ,, , ^ x- i • , , , i .• • i- 
 
 otbers. m all (tther cases of claimants to the pre-emption rights 
 
 under said section, but in which there has been a fail- 
 ure to make proof a^id payment as therein prescribed, 
 said parties are hereby declared to have forteited their 
 pre-emption right to such lands, and all such lands 
 shall be subject to entry by any other purchaser. 
 Approvad November 18, 1862. 
 
 No. 76.] AN ACT 
 
 For the extension of the time of settlement and cultiva- 
 tion of Lands entered under the 36th section of the or- 
 dinance of the Convention of the State of Alabama. 
 
 Section 1. Be it enacted by the Se"ate and House of Rep- 
 resentatices of the State of Alabama in General Assembly 
 convened, That the time for making the settlement and 
 
83 1862. 
 
 cultivation of lands, entered in the several land offices ,y,^g g^,^^^^ 
 in this State, prior to the eighth day of November, 1861, toeoidiers. 
 under tlio 36th section of the ordinance in relation to 
 waste and unappropriated lands in the State, is hereby 
 extended to all soldiers in the army of the Confederate 
 States, or of the State of Alabama, six months after 
 the discharge of said soldier, and to the family of any 
 soldier, who has, or may die, in the service, for six 
 months after the death of the soldier. 
 Approved, Dec. 8, 1862. 
 
 No. 77.] AN ACT 
 
 To repeal " An act to legalize certain entries of land," 
 approved December 9, 1861. 
 
 Sec. 1 . Be it enacted by the ISeJiate and House of Rep- 
 resentntirfi.'i of the State of Alabama in General Assemble/ 
 convened, That an act entitled " An act to legalize cer- 
 tain entries of lands," approved December 9, 1861, be, 
 and the same is hereby repealed : Provided^ That the pro««>. 
 repeal of said act shall not afiect any entries where the 
 lands have been actually settled upon and improved by 
 the parties entering the same. 
 
 Approved, Dec, 9, 1862. 
 
 No. 78.] AN ACT 
 
 To provide just compensation for the services of the 
 Treasurer. 
 
 Sec. 1. Dc it enacted hij the Senate and ffouss of liep- 
 resentalives of the State of Alabama in General Assembly 
 convened, That Irom and after the passage of this act, ^*^^r ■» »*w 
 and until otherwise provided by law, the salary of the 
 treasurer of this State shall be twenty-six hundred dol- 
 lars per antaini. 
 
 Approved December 8, 1862. 
 
 ■"IT 
 
1862. 
 
 Salary at $240 ^ 
 
 No. 79.] 
 
 84 
 
 AN ACT 
 
 To- provide just corapensatioti for the services of the 
 Comptroller. 
 
 Sec. 1. Be it enacted by the Senate and House of Hep- 
 resentatives of the State of Alabama in General Assembly 
 convened, That the salary of the comptroller of this State 
 shiill hereafter be twenty fonrhundredtlollarsperannum. 
 
 Approved December 8, 1862. 
 
 ?alary at |1250 
 each. 
 
 No. 80.] 
 
 AN ACT 
 
 To provide just compeiiaation for the secretaries of the 
 Governor. 
 
 Sec. 1. Be it enacted by the Senate and House of Bep- 
 resentatives of the State of Alabama, in General Assembly 
 convened, That the salaries of the secretaries of the 
 governor, shall be twelve hundred and fifty dollars, for 
 each of said secretaries. 
 
 Approved December 9, 18.62. 
 
 Authority. 
 
 Salary. 
 
 Proviso. 
 
 No. 81.] AN ACT 
 
 To authorize the Secretary of State to employ a Clerk. 
 
 Section. 1. He it enacted In/ the Senate and House of Hep- 
 resentatives of the State of Alabama in General Assembly 
 convened, That the .secretary of state is hereby author- 
 ized to employ a clerk to assist in the dischari^e of the 
 duties of his office, at a price not to exceed the sum of 
 five hundred dollars per annum, and that the salary 
 agreed upon by the secretary of state, shall be paid by 
 the treasurer of the State upon the Certificate of the 
 secretary that such clerk has been employed, stating 
 tlie price, and that the services have been rendered: 
 Provided, That the clerk employed by the secretary of 
 state shall be one who is not liable to conscription under 
 the laws of the Confederate States. 
 
 Approved December 9, 1862. 
 
85 1862. 
 
 No. 82.] AN ACT 
 
 Te amend the law relatiiii? to the printing of the Re- 
 ports of Decisions of the Supreme Court. 
 
 Skc. 1. Be it enacted by the Senate and House of Repre- 
 sentatines of the S a'e of Alabama in General Asset/iblt/ 
 convened, That the judges of the supreme court be au- Judges to pre- 
 thorized to prescribe the mode and material of the ''^"^™ 
 biuding of the supreme court reports. 
 
 Approved jSTovember 25, 1862. 
 
 No. 83.] AN ACT 
 
 To pay for the liirc of servants for the General Assem- 
 bly during the extra and present session. 
 
 Sec. 1. Be it enacted by the Senate and House of Eep- 
 resentalices of the State of Alabama in General Assembly 
 convened, That the secretary of state be allowed tbe 
 sum of one hundred and fifty-two dollars, to pay for Appropriaii 
 servant hire during the extra and present regular ses- 
 sion of the general assembly, and that the comptroller 
 of puldic accounts is hereby authorized and required to 
 draw his warrant on the state treasurer in favor of the 
 secretary of state, for the above amount, or so much 
 theret->f as may be ner^essary for the purpose stated, to 
 be paid out of any moneys in the treasury not other- 
 wise apjiropriated. . 
 
 A[»proved Decewber 0, 18G2. 
 
 No. 84.] AN ACT 
 
 To provide for the re-orJ^. zation of the State Peni- 
 tentiary. 
 
 Sec. 1. Be it enacted by the Senate and House of Rep- 
 resentative, of the State of Alabama in General Assembly 
 convened. That the organization of the penitentiary 
 shall include three inspectors, one warden, one dfjiuty *""''"'• 
 warden, one physician, one clerk, and such number of 
 
1862. 86 
 
 guards and overseers as the warden and inspectors ma}' 
 from time to time deem necessary. 
 
 How appoinud. Sec. 2. Bc it furthcr enactcd^ That the warden and in- 
 spectors shall be appointed by the governor, with the 
 consent of the senate, and shall hold their offices for 
 the space of four years and until their successors are 
 appointed and qualified. 
 
 Sec. 3. Be it further enacted, That the physician shall 
 
 ^^'^d. ''**'' be appointed by the warden and inspectors, and com- 
 missioned to hold his office during the pleasure of said, 
 board of appointment. 
 
 Sec. 4. Beit farther enacted. That the deputy warden, 
 clerk, and all subordinate officers of the penitentiary, 
 shall be appointed by the warden, by and with the ap- 
 proval of the inspectors, and 'shall hold their offices du- 
 ring the pleasure of the warden : Provided, that none 
 of said offices, except that of sergeant of the guard, 
 shall be tilled by persons subjef^t to conscription, under 
 the acts of the congress of the Confederate States, 
 
 Warden to report ^^^' ^- "^^^^ ^^ ^^ further cimctcd, That the warden 
 shall report immediately to the inspectors all appoint- 
 ments of officers which he shall make; he shall from 
 from time to time propose in writing to the inspectors 
 such alterations as he may think advisable in the rules 
 and regulations for the direction of the officers and for 
 the government of the penitentiary. 
 
 Salaries. Sec. 6. Bc it farther cnactcd, That the officers of the 
 
 penitentiary shall receive the following salaries, to-vvit: 
 Warden, thirty-seven hundred and fifty dollars; the 
 deputy warden one thousand dollars; physician, five 
 hundred dollars ; the clerk, one thousand dollars a year, 
 all of which sums shall be paid by the warden in month- 
 ly or quarterly payments out of the treasury of the pen- 
 itentiary, and shall be in full for all services, and no 
 other perquisite, reward or emoluments shall be allow- 
 ed or received by any of them. 
 
 Pay or Inspect- Sec. 7. Bc it furthcr enacted, That the pay of the in- 
 
 **"■ spectors shall be two hundred dollars per annum, and 
 
 no mileage shall be allowed to any inspector for travel- 
 ing to and from the penitentiary. 
 
 Sec. 8. Be it fuither enacted, That there shall be 
 
 roDsLteof.^"*"^^ maintained at the penitentiary a guazd, to be em{)Ioyed 
 by the wardens thereof, to consist of one sergeant and 
 as many guards as the warden and inspectors may deem 
 necessary ; the guard shall be furnished from the arse- 
 
87 1862. 
 
 nal of tli's' state, with sufficient arms and accoutre- 
 ments, ami shall be subject to the command and direc- 
 tion of the warden of the penitentiary, wl»o may dis- 
 miss at pleasure any of them ; the sergeant shall re- 
 ceive not exceeding six hundred dollars per annum, and 
 each of the guards such pay as the warden may think 
 his service worth, not exceeding three hundred and 
 sixt}^ dollars per annum, besides rations to be establish- 
 ed by the hoard of inspectors. 
 
 Sec. 9. Be it further enacted, That the warden, dep-Nopcrqu^itesj.r 
 uty warden, clerk and physician, shall, support them- 
 selves from their own resources, and shall not receive 
 any emoluments or perquisites for their services other 
 than the compensation provided in thi"s act. 
 
 Sec. 10. Be it further enacted, That all officers shall, 
 before they enter upon the duties of their resjieetive 
 offices and appointments, take and subscribe before 
 some justice of the peace or other officer authorized to 
 
 administer oaths, the following oath: I, , do o«th. 
 
 solemnly swear, (or affirm) that I will support the con- 
 stitution of the Confederate States, and tlie constitution 
 of the State of Alabama, so long as I remain a citizen 
 thereof, and that I will faithfully execute and discharge 
 
 the duties required of me as of the Alabama 
 
 penitentiary, and will execute the laws, rules and legu- 
 lations prescribed for the government of said institu- 
 tion, so far as concerns m}' office, and that 1 will in no 
 case ill-treat or abuse an}^ convict under my charge, or 
 punish him beyond the pujiishment ordered by law and 
 and the rules and regulations of this institution, so help 
 me God." 
 
 Sec. 11. And be it further enacted. That the board of s^wdi" eijo*"* 
 inspectors shall, from time to time, choose one of their *'"^*'"'*" " 
 nunil)er to be their president, who shall preside at their 
 regular meetings, and whenever in his opinion the exi- 
 gency requires it, he shall convene the board ; they 
 shall cause the clerk of the [lenitentiiuy to keep a reg- 
 ular-minute of tlieir meetings and proceedings, which **'""'*""■ 
 shall be signed by them and preserved in the peniten- 
 tiary. 
 
 Sec. 12. Be it further enacted, That the board of in- i:iii<-«»nd regu- 
 spectors shall, Irom time to time, establish rules and uoruhVa"*'*''^" 
 regulations consistent with the laws of the state, foi' 
 the direction of tiie officers of the [lenitentiary in the 
 ditscharge of their duties, for the government, employ- 
 
1862. 88 
 
 ment and discipline of the convicts, and for the custody 
 and preservation of the pul)lic property ; and as soon as 
 ma>' he after the estahlishniont of nny such rules and 
 regulations hj' the inspectors, they shall cause authen- 
 tic copies thereof to he laid hefore the governor, "who 
 may approve, annul, or modify the same, and the in- 
 spectors shall cause a copy of all such rules and regula- 
 tions as shall have heen ap|)rovcd by tJie governor, to 
 be certitied as soon as may be by the clerk of the peni- 
 tentiary, and delivered to the warden. 
 Boud to visit, Sec, 13. Be it furiher enacted, That the inspectors, or 
 how often. Qj-jy Q^ them, shall visit the penitentiary at least once a 
 week, and it shall be visited by the board of inspec- 
 tors once a month, and oftener, if they shall think it 
 necessary, for the purpose of inspecting the books and 
 all the concerns of the prison, and ascertaining wheth- 
 er the laws and the rules and regulations relating to the 
 prison are duly observed, and whether the officers are 
 C()n)petent and faithful and the convicts aVe properly 
 Duly of clerk, govemcd and employ cd ; and it shall be the duty of 
 the clerk of the penitentiary to note the foilure of any 
 inspector to attend the regular monthly meetings of 
 the board of inspectors, and if ;iny inspector shall fail 
 to attend at three successive monthly meetings of the 
 board, (unless such failure shall he caused by his sick- 
 ness,) his office shall be considered as vacated, and it 
 shall be the duty of the clerk of the penitentiary to 
 notify the governor thereof, and the governor shall fill 
 said vacancy by appointing some other person, who shall 
 hold his term for the unexpired terra of his predeces- 
 sor. 
 Violation to be ^^'C- l-l- Be U further enacted, That the inspectors 
 reported to go- shall rcport^to the governor forthwith all violations of 
 law and omissions of duty by the warden that shall 
 come to their knowledge, and every officer who holds 
 his place at the pleasure of the inspectors, who shall 
 be found unfaithful or incompetent, shall be forthwith 
 removed. 
 Annual report tG ^EC. 15. Be U further enactcd. That the inspectors of 
 be made. the penitentiary shall, on the first day of October in 
 
 each year, transmit to the governor a report exhibiting 
 a complete and comprehensive view of the transactions 
 of the penitentiary during tl^e preceding year, of the 
 number of convicts con lined therein, the offence for 
 which committed, and the respective periods of impris- 
 
89 1862. 
 
 onnient, thoir ages, sizes, previous occupation, profes- 
 sion or employment, and wiiere born ; the report slidll 
 also state the number of convicts who have been par- 
 doned, discharged, and died during the j-ear, stating the 
 dale of tlieir conviction and of their pardon or death, 
 the period of time for which tlicy were sentenced, the 
 comities in which tliey were convicted, their age, sex 
 and color, the deportment of each convict while in the 
 penitentiary, and in case of death, tlie particular dis- 
 ease of which the convict was supposed to have died. 
 
 Sec. 16. Beit further enacted, That the inspectors of convicts may be 
 the penitentiary may remove the convicts thereiti tOofTpidemk.*'"* 
 such place or phices of security within the state as they 
 may deem expedient, if in their opinion the prevalence 
 of any epidemic, infectious or contagious disease, or 
 other urgent occasion, shall render such a measure ne- 
 cessary and })roper. 
 
 Sec. 17. Be it further enacted. That the penitentiary Governor toTisit 
 shall be visited by the governor annually, or as mucii """"^ '®'"'' 
 oftener as his excellency may think proper, for the pur- 
 pose of examining its conditic)n. 
 
 Si:c. 18. Be it further enacted, That before the warden warden's bond, 
 enters upon the duties of his office ho shall fjive bond 
 to <:he state in the sum of fifty thousand dollars, with 
 sufficient sureties, to be approved by the governor, with 
 condition that he shall account for all monies |)laced in 
 or otherwise coming into his .hands as treasurer, and 
 perform all the duties incumbent on him as warden of 
 the penitentiar}', and such bond shall be filed in the of- 
 fice of the secretary of state, and may from time to time 
 be put in suit by tlie governor against any one or more 
 of the obligors, and shall not become void on its first re- 
 covery nor until the whole penalty shall be exhausted. 
 
 Sec. 19. Bis it further enacted, That the officers of the 
 penitentiary shall reside constantly within the precincts whereofflcersto 
 of the penitentiary, and the warden and dojiuty warden '"'■'''''''• 
 shall not both be absent therefrom at the same time, 
 and neither the warden nor any person appointed by 
 him, shall, during the time of his office, be employed 
 or engaged in any business for private cmolumei.t, not 
 pertaining to his office: Provided, that it shall be law- 
 ful for the warden or dt']iuty ward':;n to engage in agri- 
 cultural pursuits, to sucli an extent as to interfere with 
 his [»ubli(! duties. 
 
 Sec. 20. Be itfurtJier enacted. That the warden ehull 
 
1862. 90' 
 
 have the chars^e and custody of tlie penitentiary, with 
 J^*Jg|°'°''*^*the hinds, buildings, tuniiture, tools, implements, stock, 
 provisions, and every other species of property- within 
 the precincts thereof, or appertaining thereto ; ha sljall 
 be treasurer of the penitentiary, and shall receive and 
 pay out all money granted by the legislature, (if any) 
 and by the receipts for labor of the prisoners and for 
 the support thereof, and shall cause to be kept ni suit- 
 able books regular and complete accounts of all the 
 propert3% expenses, income, business, and concerns of 
 the establishment, and all the book:i and documents re- 
 lating to the concerns of Ihe penitentiary shall at all 
 times be open to the inspectors, who shall semi-annual- 
 1}% or oftener if they think necessary, carefully exam- 
 ine the said books and compare them with the vouch- 
 ers and documents relating thereto. 
 Warden to ex- Sec. 21. Be U further enacted^ That it shall be the 
 ally. (]Qt,y of the warden to examine daily into the state of 
 the penitentiar}', and the health, conduct and safe-keep- 
 ing of the convicts ; to use every proper means to fur- 
 nish them witli employment ; to superintend all the 
 manufacturing and mechanical business of the peniten- 
 tiary ; to receive the articles so manufactured, and to 
 sell and dispose of the same for the benefit of the state. 
 Ariiciee to be Sec. 22: B 6 it farther enactcd ^ That it shall be the 
 Mid for cash. ^^^^^ ^^ jj^^ wardeu to dispose of all the manufactured 
 articles, and evertliing sold for cash. 
 .. ..^ Sec. 23. Be it farther enacted. That all moneys that 
 
 Deposits with /•■. \ f • 1 £• • -I 
 
 State Treasurer, may accruc, (it any) atter paying the expenses ot said 
 
 institution, shall be deposited monthly or quarterly in 
 
 the state treasury, as the penitentiary fund, and may be 
 
 disposed of as hereafter niaj^ be ordered. 
 
 Warden to have ^'^^- 2^. Be it farther enacted, That the warden shall, 
 
 made out full 'c- on thc fii'st dav of Octobcr in each year, cause to be 
 
 COUDtB ftllQlL&llV V ' 
 
 ' made full and detailed accounts of all the disbursements 
 and expenses, and all the receipts and profits, stock, 
 , and material on hand, ot the prison, accompanied by 
 sufficient vouchers, to the inspectors of the peniten- 
 tiary, 
 rurther duty of Sec. 25. Be it farther enacted, That the deputy war- 
 otherofficers. j^^^^ ^jj^| ^|j ^^j^^^, subordinate officers, shall perform 
 
 such duties in the charge and oversight of the peniten- 
 tiarj^, the care of the property thereto belonging, and 
 the custody, government, employment and discipline 
 of the convicts as shall be required of them by the war- 
 
91 1862. 
 
 den, in conformity to law and the rules and rcgnlatioas 
 of the ]>enitcntiary. 
 
 Sec. 20. Be i( further enacted. That whenever the office when oep. war- 
 of warden sliall be vacant, by deatli, resignation, or ^vardTn? *''* " 
 otherwise, the deputy warden shall have all the powers 
 and perform all the duties, and receive the same salar}' 
 ot the warden, until one shall be appointed and quali- 
 fied ; and such deputy, in such event, shall be subject 
 to all the obligations and liabilities imposed by law on 
 the warden. JSTo deputy warden shall enter upon the 
 duties of his office until he shall enter into bond, with 
 sufficient securities, to be approved by the board of in- 
 spectors, in the sum of twenty thousand dollars, condi- 
 tioned to perform all the duties of deputy warden, and 
 faithfully account for all money or eti'ects which shall 
 come into his hands in the event of a vacancy in the 
 oflice of warden, by the death or resignation of the 
 warden, or otherwise, during the continuance of such 
 deputy warden in office. 
 
 fc?EC. 27. Be it further enarfcd, That the physician shall duuos of the 
 visit the hospital of the penitentiary at least every other ^''^"'''*°' 
 day, and as much oftener as necessary, prescribe for 
 convicts that ma}- be sick, and attend to the regimen, 
 clothing and cleajiliness of such of them as are in the 
 hospital. He shall keep a regular journal, which shall 
 remain at the penitentiary, of all admissions into the 
 hos[)ital, stating the time, the nature of the disease, 
 with his prescriptions, and the treatment of each pa- 
 tient, atid the time of his discharge from the hospital, 
 or his death; the said journal shall also contain regular 
 entries of all orders that shall be given for supplies 
 for the hospital department, specifying the articles 
 ordered. All such orders shall be in writing, and the 
 warden shall provide the supplies so ordered under the 
 direction of the inspectors. 
 
 Sec. 28. Be it further enacted. That it shall be the (bity Further duue* or 
 of the physician of the penitentiary to keep a register ^''•'"'''*°- 
 of all tliG convicts under his charge, stating the disease 
 with which they are afllictcd, and the srate of their 
 health on entering and leaving the hospital, and the 
 cause of disease, when the same can be ascertained, and 
 also a register of all infirm convicts, stating their names, 
 ages, place of birth, and the particular infirmity of each ; 
 and such register shall ren)ain in the hospital open to 
 inspection. 
 
1862. 92 
 
 Sec. 29. Be it further enacted. That whenever aiiycon- 
 sick convicts. ^,j^,|. gij^U coniplaiii of such illness as requires niedical 
 aid, if, in the opinion of the physician, the illness is 
 such as requires his removal to the hospital, the warden 
 shall order such removal, and the convict shall remain 
 in the hospital until the physician shall determine that 
 he may leave it without injury to his health. 
 As to insane con- Skc. 30. Be U farther enacted, Th"at whenever the 
 victs. physician of the penitentiary shall report to the warden 
 
 that any convict is insane, it shall be the duty of the 
 warden to cause such insane convict to be removed to 
 the hospital, or such other place as to secure his safe 
 keeping and proper care in the penitentiary until re- 
 moved. 
 Insane convicts ^EC. 31. Bc U farther macted. That the physician of 
 toberepoted to the penitentiary shall report to the sjovernor the names 
 
 the governor. n \\ ■< • • i i c 
 
 of all the insane convicts that are now, or may hereafter 
 be imprisoned in the penitentiary, as often as such cases 
 shall occur. 
 
 Sec. 32. Be it further enacted. That all persons hold- 
 
 Kxetpption from . „ •.' . • ^i -^ J-" i n i 
 
 niuitiaduty. ing omcc or appointment m the penitentiary shall be 
 exempted, during their continuance in office, from serv- 
 ing on juries, from militia duty, and from working on 
 public roads, and their testimony shall be taken in civil 
 suits by deposition, as provided by law for other pur- 
 poses. 
 Contracts to be ^EC. 33. Bc U furthcT cnactcd. That tlie principal ar- 
 made for certain tides pui'chased for the use of the penitentiary, such as 
 provisions and fuel, together with their transportation, 
 shall be contracted for by the year, when such contracts 
 can be advantageously made, and the warden shall give 
 previous public notice, in two newspapers at least in 
 this state, of the articles wanted, the quantity, quality 
 thereof, the time and manner of delivery, and the pe- 
 riod during which proposals therefor will be received ; 
 and such notice shall be published a sufficient length of 
 time for the information of persons who may probably 
 be desirous to oli'ur proposals for such contracts. 
 ab to proposals. ^^'^' ^'^- -^^'^^ further enacted, That all such proposals 
 shall bo in writing, and sealed up, and on the day ap- 
 pointed they shall be opened by the warden in the pres- 
 ence of the inspectors and compared, and the person 
 olfering the best terms, with satisfactory security for 
 the performance of the same, shall be entitled to the 
 contract, unless it shall appear to the warden and in 
 
08 1862. 
 
 spectoi's that none of the offers are as low as the market 
 price; in tliat case, no offer shall be acccjjtcd, and the 
 warden, with the consent of the inspectc^rs, may adver- 
 tise again, as before, or he may proceed to make con- 
 tracts for any of the articles wanted for the penitentiary, 
 in the best wa}' he can, for the interest of the state, 
 without farther notice. 
 
 Sec. 35. Be it further enacted, Tiiat every such con- contractor to 
 tractor shall give bond in a reasonable sum, with satis- 
 factory surety, or sureties, for the performance of his 
 contrajt, and no officer of the penitentiary shall be con- 
 cerned or interested, directly or indirectly, in any con- 
 tract, purchase or sale made for, or on account of, the 
 the pen i tent iar3\ 
 
 Sec. '^'o. Be it further enacted, That all contracts on commctB to be 
 account of the penitentiary shall he made by the war- ''*^"^'"^* 
 den, shall be in writing, and when approved in writing 
 by the inspectors, shall be binding in law, and the war- 
 den, or his successor may sue thereon to final judgment 
 and execution. No suit shall abate by reason of the no suit to abate, 
 office of warden becoming vacant, but any successor of *'■ 
 the warden, pending such suit, may take upon himself 
 the prosecution thereof, and, upon motion of the ad- 
 verse party, he shall be required so to do, or submit to 
 a non-suit. 
 
 Sec. 37. Be it further enacted, That it shall be the purchaee of raw 
 duty of the warden of the penitentiary, under the di- '°"'^'^'''''- 
 rection of the inspectors, to purchase and [tay for, out 
 of any funds in the^treasury, such raw material as may 
 be necessary to be m»nufactured and used by the con- 
 victs. 
 
 Sec. 38. Be it further enacted, That the necessary Mcdicinw.&c. 
 medicines and other hosjiital stores, for the use of the 
 penitentiary, shall be purchased from time to time, as 
 may be requisite, by the wanlen, with the advice of the 
 phy.'^ician, and under the di-rection of the inspectors. 
 
 Sec. 3l>. Be ii further enacted, That all books ot ac- nook«of»crntint 
 counts, registers, returns, and other documents, and **;;;,[;"''"'"''''"■ 
 papers relating to the aflairs of the penitentiary, shall 
 be considered as public documents, and remain therein, 
 and the warden shall cause to be preserved official cop- 
 ies of his correspondence with the governor, inspectors, 
 or other public officers, and of any official communica- 
 tion he may have received from them. 
 
 Siic. 40. Be it further enacted. That the removal of 
 
1862. 94 
 
 , , . prisoners to the penitentiary shall be as laid down in 
 
 Removal of pris- r . r nr^^n ^ cr\ii 
 
 onergasincode. the codc, in SGctions 3920 to 3'J4l, exceptincj section 
 with exception, gg^^^^ ^^.^^^^.^ -j. ^^^^^ ^^Uuitcd States," shall be^"Confed. 
 
 erate States." 
 
 Sec. 41. Be it further enacted. That the police of the 
 
 PoUee and pnn- . . i *^ • i V ^ • ^ i 
 
 ishmont. penitentiary and punishment or escapes, as laid down 
 
 in the code, from sections 3942 to 3977, shall remain in 
 force, excepting section 3070, where it reads "on con- 
 viction, be punished by solitaiy confinement in the pen- 
 itentiary not exceeding two j'ears, at such intervals as 
 the court may direct," to read "on conviction, the pen- 
 alty shall be death"; also in sections 3972 and 3973, 
 ■where it reads "United States" to read "Confederate 
 States." 
 BepeaViDg sec- Sec. 42. Be it fiirtlicr enacted, That all laws and parts 
 ''°°' of laws contravening the provisions of this act be, and 
 
 the same are hereb}^ repealed. 
 Approved December 5, 1862. 
 
 No. 85.] AN ACT 
 
 Supplemental to "An act reorganizing the State Peni- 
 tentiary," approved 5th December, 1862. 
 
 Sue. 1. Be it enacted hy the Senate and House of Hepre- 
 
 sentatives of the State of Alabama in General Assembly 
 
 convened, That if, from any cause, the fund deposited in 
 
 If pcniteniiary the State trcasury, under the twelity-third section of an 
 
 ed^lbe Gomnor act entitled "an act to provide for the reorganization of 
 
 mnydrawhisor. ^i^Q penitentiary," and approved 5th December, 1862, 
 
 or any portion of the same, shall, in the opinion of the 
 
 governor, be required to carry on the penitentiary, he 
 
 may, by liis order in writing, specifying the object and 
 
 the amount required, direct the comptroller to draw his 
 
 warrant on the state treasurer, payable out of said fund, 
 
 for the amount so directed. 
 
 Approved December 9, 1862. 
 
95 1862. 
 
 No. 86.] • • ' AN ACT 
 
 la relation to homicide committed by convicts in the 
 penitentiary for life. 
 
 Sec. 1. Be it e7iacfcd hy the Senate and House of Rep- 
 resentatives of the State of Alabama in General Assemhlij 
 covvnied^ Thsit any convict, sentenced to imprit'ornent Death penaitf. 
 for lite in the penitentiary of this state, who afterwards 
 commits murder in the first degree, while such sentence 
 remains against him, on conviction, shall suffer death. 
 
 Sec. 2. Be it fartJw enacted. That on the trial in such Astouiai, 
 cases, a copy of the transcript of the conviction and 
 sentence of the convict, tiled with the warden or lessee 
 of the peniter)tiary upon the delivery of such convict 
 therein, shall bo recfcived as evidence of the sentence 
 in the penitentiary for life: Provided, said copy is cer- 
 tified, under the hand and seal of the warden or lessee. 
 
 Approved November 20, 1862. 
 
 No. 87.] AN ACT 
 
 In relation to the transfer of insane convicts from the 
 Penitentiary to the Hospital for insane persons. 
 
 Sec. 1. lie it enacted by the Senate and House of Bepre- 
 scntatircs of the State of Alabama in General Assembly 
 convened. That hereafter it shall be the duty of the clerk Duuof derk of 
 of the court, in any count}' where any person may be*"""* 
 convicted of a felony, and sentenced to imprisonment 
 in the penitentiary, to forward to the lessee, or other 
 person havine; the penitentiary in charge, a certificate, 
 showing the county in which the cotivict resided at the 
 time of the commission of the oftense for which he vi'as 
 committed, and if such convict had no known place of 
 residence, then the certificate must state that fact. 
 
 Sec. 2. Be it farihrr enacted, That when any insane Kxpense.. bow 
 convict in the penitentiary shall be sent to the hospital '"'''• 
 for insane persons, under the provisions of "a»i act to 
 amend the fourteenth section of an act to establish a 
 hoHpiial tor insane persons in Alabama," approved De- 
 cemlter 4th, 1861, the expenses shall be paid as therein 
 provided, upon the certificate of the lessee, or other 
 
1862. 96 
 
 person having the penitentiary in charge, that the in- 
 sane convict is in indigent circumstances, and has no 
 known place of residence. 
 Approved November 26, 1862. 
 
 No. 88.] AN ACT 
 
 To repeal an act entitled "An act for the relief of in- 
 sane convicts in the Penitentiaiy. 
 
 Sec. 1» Be it enacted by the Senate and iJouse of Repre- 
 senia.iices of the State of Alabama in (xneral Assembly 
 convened. That an act entitled "an act for the relief of 
 
 act. insane convicts in the penitentiary, approved Decern 
 
 ber 9th, 1861, be and the satne is hereby repealed, ex- 
 cept as to convicts who were sentenced to confinement 
 
 Exception. in the penitentiary for a period longer than life time, 
 and whose general deportment in the penitentiary has 
 been good, and whose general character was good be- 
 fore the}' were sent to the penitentiary, and who were 
 not sent there tor rape. And the same compensation 
 shall be allowed for guarding any insane convicts to and 
 from the insane hospital, as is now allowed to sheriffs 
 and, guards for carrying prisoners to the penitentiary, 
 to be paid b}' the state. 
 
 Approved November 29, 1862. 
 
 Repeal of former 
 
 No. 89.] AN ACT 
 
 To provide for the discovery of Lead in Alabama. 
 
 Sec. 1. Bt it enacted hy the Senate and Souse of Bcp^ 
 
 resentatives of the State of Alabama in General Assembly 
 
 Governor to „p. convcned, Tnat the governor is authorized to appoint a 
 
 point a compe" compctont pei'son to cxamine in the proper localities for 
 
 tent person. . i • ^ i? i i ■> . / -i • 
 
 the existence of lead ore, and to use for this purpose 
 the necessary implements in the.possession of the State, 
 or of the University. 
 
 Sec. 2. Be it further enacted, That the person so ap- 
 
 Bc?ectaB8?Bta*^tB! pointed may select such necessary assistants as may bo 
 
 authorized by the governor, and the governor shall pay 
 
97 ' 1862. 
 
 the expense of sucli survey and examination out of the 
 contMirrent fniid. 
 
 Approved December 2, 1862, 
 
 No. GO.] AN ACT 
 
 To repeal in part An act to re4i:nliite the agencies of In- 
 surance Conipanios, not ittcorpoi-Mted hy the State 
 of AlabafHii, approved February 24, 1860, so far a.sit 
 relates to Life Insurance Companies, incoi'poratcd by 
 any of the Confederate States, which do not take 
 fire, river, or marine risks. 
 
 Sec. 1. Be it enaded hy the Senate and Home of Hep- 
 reseiitatives of the SfoJe of Alabama in General As.sembly 
 convened^ That the al)ove Jeeited ai-t be, and is hereby 
 repealed, so far .as it relates to, and affects, life insur- 
 Bnce companies, incorporated by any of the Confederate, 
 States, which do n()t take tire, river, or marine risks: 
 Provided, however^ That the tux required by said act, to 
 be paid by life insurance coni|taiiies, or their agents, 
 shall continue t(» be paid as provided by said act.^ 
 
 A[tprovcd November 28, 1802. 
 
 No. 91.] AN ACT 
 
 In relation to the Distribution <.f the Educational Fund 
 for 1802. 
 
 Skc. 1. Be it civictcd hy the Setmk ar>d House of Rep- 
 rese^datkes of the St" te of Ahd>nma m General A's.<^emU>/^JZ'C''^'''''" 
 conrrned, Tlmt the superintendent ofedncation is bereby 
 authorized in declaring a divi(b;nd of the edu.-ational 
 fund for 1862, to allow to counties, from which rettirns 
 have n(tt been made, in coti'?c(pU'nco of their occupa- 
 tion by the public enemy, a proportion of such iuud, 
 basing his allowanre upon the returns of 1861, of tlie 
 county superintendents. 
 
 Approved November 26, 1862. 
 
1862. 98 
 
 Ko. 92.] '"^^ ' ANACT > 
 
 To amend Chapter 1, title 13, part the 1st of the Code 
 of Alabama. 
 
 Sec. 1. Be it enacted by the Senate mid House of Hejyre- 
 conferred"' on se7itatives of the State of Alabama i?i General As8e?nbly 
 courts couQty cojivencd, That all the power and authority conferred 
 on the corporate authorities of the towns in this State, 
 respecting establishing hospitals for persona infected 
 with contagious diseases, and quarantine in chapter 1, 
 title 13, part the Ist of the Code, be and the same is 
 hereby conferred on the courts of county commission- 
 ers, and said courts are hereby authorized to establish 
 such hospitals and make such rules and regulations as 
 may in their opinion be necessary to prevent the spread 
 of any contagious and infectious diseases, and appoint 
 such guards and superintendents as may be necessary 
 to eflect the object contemplated by this act. 
 Approved x'Tovcmbcr 14, 1862. 
 
 J^o. 93.] AN ACT 
 
 To suspend sections 40 and il of the Code, so far as 
 
 they applv to the called session of the General As- 
 sembly of 1862. 
 
 ^EC. 1. Be it enacted by the Senate and House of Repre- 
 sentatives of the State of Alabama in G-eneral Assembly 
 convened, That sections 40 and 41 of the Code, so far as 
 they apply to the called scasiou of the general assem- 
 bly of 1862, be and the same are hereby suspended ; 
 and that the duties required to be performed by said 
 sections shall be required to be performed within ten 
 days after the end ol the next regular session. 
 
 Approved November 8, 1862. 
 
M 1862. 
 
 No. 94.] AK ACT 
 
 To amend section 88 of the Code. 
 
 Sec. 1. Be it enacted by the Senate and House of Bepre- p^^ ^^ ^^^^^i^ 
 sentativcs of (he State of Alabama, in General Assembly puimc priniin;: 
 convened. That section 88 of the Code be so amended '°*^'^*^"* ' 
 as to make the price for each page of the acts and joint 
 resohitions, and binding the requisite number included, 
 four doHars and eighty-tive cents ; for each page of the 
 journals and revenue laws, three dollars and eighty-five 
 cents; for blanks printed on paper per quire, two dol- 
 lars. 
 
 Sec. 2. Be it further enacted, That the present state 
 printers shall be entitled to the benefits of this act. 
 
 Approved December G, 1862. 
 
 No. 95.] • AN ACT 
 
 To amend section 165 of the Code of Alabama. 
 
 Sec. 1. Be it enacted by the Senate and House of Rep- 
 resentatives of the State of Alabama in Gendral Assembly 
 convened. That section 165 of the Code of Alabama be 
 amended by addingthereto the words, "the resignation 
 of justices of the peace and constables must be trans- 
 mittcff to the judge of probate of the county in which 
 the}' respectivcdy reside. 
 
 Approved November 4, 1862. 
 
 No. 96.] AN ACT 
 
 To amend section 396 of the Code. 
 
 Skc. 1. Beit enacted by the Senate and House of Bepre- 
 sentativrs of the State of Ahrbama in General Assembly 
 convened, That section 396 of the Code of Alabama, be 
 and tht- same is hereby atnoiided by inserting the Wi)rds 
 "soldiers, and to recover deceased soldiers "pay," after 
 the wonl "pensioners," and before "and". 
 
 Approved November 8, 1862. 
 
1862. 100 
 
 Ko. 97.] AN ACT 
 
 To amend section 664 of the Code. 
 
 Sec. 1. Be it enacted by the Senate and House of MtprC' 
 scntatives of the State of Alabama in General Assembly 
 convened, That section 664 ot the Code be amended by 
 striking out of the last line the words, "to be fixed by 
 a judge of the circuit court," and insert in Heu thereof, 
 *'to be fixed by a judge of the supreme or circuit 
 court, or an}' cliancellor of the State." . 
 
 Approved November 3, 1862, 
 
 No. 98.] AN ACT 
 
 To amend Fection 499 of the Code, so far as the coun- 
 ties of Macon, Barbour and Shelby are concerned. 
 
 Sec. 1. Be it enacted hy the Senate and House of Rep-' 
 resentatives of the State of Alabama in General Assembly 
 conve- ed, That the members of the court of county 
 commissioners of Macon, Barbouvaud Shelby counties, 
 sliaii be entitled to receive in addition to their per c?iew, 
 milenge at the rate of five cents per mile on the neiar- 
 est pnl)lic road going to and returning from each terra 
 of said court, to be paid as prescribed by said sectian 
 499. ^ 
 
 . Approved November 21, 1862. 
 
 Per diem and 
 
 mileage. 
 
 No. 99.] AN ACT 
 
 To amend section 11-40 of the Code of Alabama, as to 
 Coffee, Covington atid Walker counties. 
 
 Sec. 1. Be it enacted by the Senate and Bouse of Rep- 
 
 'Xrty five." ^°' resent afive of the State of Alabama in General Assembly 
 
 convened, That the words "forty-five", where they occur 
 
 in the third line of section 1140 of the Code, be and 
 
 they are hereby stricken out, and the words "fifty-five" 
 
 „ ^ „ inserted in lieu thereof; that the word "e»ighteen" in 
 
 *^eighteen," Said scction 1140 be stricken out, and the word "six- 
 
101 1862. 
 
 teen" inserted, as to Coftee, Covington and Walker 
 counties. 
 
 Sec. 2. Be it further enacted^ That justices of the justices in c«»- 
 peace in Covingjton county within their respective pre- pofuon^*** '"* 
 cincts, under fifty-five years of age, shall be subject to 
 perform the duties of apportiotiers on public roads. 
 
 Sec. 3. Be it further enacted. That this act shall not Lim4tooonof»c» 
 continue in force any longer than the termination of 
 the present war between the Confederate States and the 
 United States. 
 
 Approved j^ovember 17, 1862. 
 
 No. 100.] AN ACT 
 
 To amend section 1203 of the Code, and for other pur- 
 poses. 
 
 Sec. 1. Be it enacted by the Senate and Home of Rep- 
 
 resentatives of the State of Alabama in General Assembly Bridgesore* 
 convened. That section 1203 of the Code be amended by w.'« »'»» «>* »«- 
 
 cause 
 
 pair. 
 
 adding, at the close thereof, the following: "And if the' 
 contractor shall knowingly suffer any such bridge or 
 causeway to remain out of repair, and unsafe for the 
 passaiT^e of travellars and other persons for more than 
 ten days at any one time, durirjg the period stipulated 
 for its safety by the terms of his contract, he shall be 
 guilty of a misdemeanor, and, on conviction, shall be 
 fineil, for the use of the county, in a sum not less than Penally, 
 doulde the value of the materials and labor necessary 
 to put such bridge or causeway in the state of safety 
 required by the terms of his contract. 
 
 Sec. 2. Be it further enacted^ That the duties imposed 
 on apportioners of roads, by subdivisions four, five and „ . 
 
 . « . ' «/ ^ Duties ADpltolk- 
 
 SIX, of section 1156 of the code, are hereb}' made appli- buujwJgB*. 
 cable to bridges, built under contract with the court of 
 courity commissioners, and persons violating the first 
 section of this act. 
 Ap[»r jved Jiovember 24, 1862. 
 
1862. • 102 
 
 No. 101.] AN ACT 
 
 To repeal the 5th Division of Section 1551, Article 1, 
 Chapter 6, of the Code of Alabama. 
 
 Sec. 1. Be it enacted by the Senate and House of Bepre- 
 sentatives of the State of Alabama in General Assembly 
 convened. That the 5th division of "section 1551, article 
 1, chapter 6," of the Code of Alabama, be and the same 
 is hereby repealed. 
 
 Approved November 7, 18G2. 
 
 No. 102.] AN ACT 
 
 To amend subdivision four of Section 2318 of the Code, 
 relating to the procuring of testimony by deposition. 
 
 Sec. 1. Be it enacted by the Senate and House of Bejr 
 resentatives of the State of Alabama in General Assembly 
 convened, That subdivision four of section twenty-three 
 hundred and eighteen of the Code be amended, by add- 
 ing to. the end thereof the words, "or is engaged in the 
 military or naval service of the Confederate States, or 
 of this State." 
 
 Approved December 2, 1862. 
 
 No. 103.] AN ACT 
 
 To amend Section 3143 of the Code. 
 
 Section 1. Be it enacted by the Senate and House of Rep- 
 resentatives of the State of Alabama in General Assembly 
 convened, That section 3143 of the Code of Alabama be 
 amended, so as to insert, after the word "copartner- 
 ship," where it occurs in the second and third line of 
 said section, the words, "or officer, or agent, or clerk, 
 or person in the employment of this state or of the Con- 
 federate States." 
 
 Approved December 4, 1862. 
 
103 1862. 
 
 No. 10-t.] A]Sr ACT 
 
 To amend Section SloO of the Code. 
 
 Sec. 1. Be it enacted by the Senate and House of JRep- 
 resentatkes of the State of Alabama in G-eneral Asscmbli/ 
 convened, That section SI.'jO of the Code be amended, 
 by addinc:, after the word "property," at the end of the 
 section, the words, "an indictment may be preferred, 
 under this section, although the principal offender has 
 not been tried or convicted." 
 
 Approved December 4, 1862. 
 
 No. 105. AN ACT 
 
 To amend section 4003 of the Code of Alabama. 
 
 Sec. 1. Be it enacted by the Senate and House of liep- 
 rescntatives of tJie State of Alabama in General Assembly 
 convened, That section 4003 of the Code of Alabama be 
 so amended as to authorise jailors to make oath to their 
 accounts before the judge of probate, the accounts tirst 
 to be certified by the clerk of the circuit court of .such 
 county. 
 
 Approved December 9, 1862. 
 
 No. 106.] AN ACT 
 
 To increase the corporate privileges of the Banks and 
 Insurance Companies of the State of Alabama. 
 
 Sec. 1 . Be it eiwbcted by the Senate and House of Repre- 
 sentatives of the State of Alabama in General Assembly Coniinp-ncy. 
 convened^ That whenever hereafter any of the chartered 
 and free banks, or insurance companies of the State, 
 shall, in the opinion of the president and directors 
 thereof, be endangered by invasion of the public ene- 
 my, actual or threatened, it shall be lawful to remove 
 said banks, or insurance companies, their projierty and "'• ' majdo. 
 efiects, respectively, an. 1 nil things appertaining to their 
 business, to such other place or places, in the State of 
 
1862. 104 
 
 Alabama, as the said president and directors may deem 
 safe. 
 
 Sec. 2. Be it further enacted. That all acts, which 
 Acts legalised, j^j^^. Q^- |.jjj, g^j^j ij.^i^i^g^ QY iiisuraiice companies can or 
 
 may lawfully do, under their charters, shall be, to all 
 intents, as valid and effectual, and as binding on the 
 said banks and companies, and all other )>arties in in- 
 terest, when performed at the places to which they may 
 be so removed, as if performed in their former counties. 
 Sec. 3. Be it further enacted. That at any time be- 
 '•Bank of Au- fopc the termiuatiOQ of the existing war, between the 
 bama." United States and the Confederate" States, it shall be 
 
 lawful fur the commissioners, named in an act entitled 
 "An act to authorize books to be opened in the city of 
 Montgomery, for subscriptions to the capital stock of 
 the Bank of Alobama," approved February 1, 1861, or 
 ail}' two or more of them, to open books of subscrip- 
 tion to the capital stock of the said Bai.k of Alabama, 
 and to do any and all other acts or things necessary to 
 organize said Bank of Alabama, according to the terms 
 and provisions of said act, and the act to incorporate 
 said Bank of Alabama, approved February 13, 1860, 
 and the act in relation to said Bank of Alabama, ap 
 proved December 3, 1861, at any place in Alabama 
 which they may deem convenient and secure from the 
 eneni}', and at any time before the termination of the 
 existingwar, it shall be lawful for the stockholders of said 
 Bank of Alabama, or persons or corporations who may 
 have subscribed for stock in said bank, or the president 
 and directors, and other officers of said bank, when 
 • elected, to do any and every act and thing necessary to 
 organize said bank, and enable it to commence and 
 carry on its banking business and operations, according 
 to the terms and provisions of the several acts referred 
 to in this act, at an}' place in Alabama, which the said 
 commissioners, or any two or more of them, or the 
 president and directors of said bank when elected, or a 
 majority of them deem convenient and secure from the 
 enemy ; and said bank, when organized in accordance 
 with the provisions of this act, and of the several acts 
 herein referred to(which several acts are hereby continu- 
 ed of full force, except as modified or amended by each 
 other and this act), at any place in Alabama, shall be 
 deemed and taken to he lawfully organized and shall have 
 a full right to carry on its banking business and opera- 
 
105 1862. 
 
 tions from t])etinieofsncli organization to thcexpinition 
 of the full term xnentionod in its charter, for tlio dura- 
 tion or continuance of said bank, as if said bank here- 
 tofore had been organized and put into operation in 
 strict accordance with its.charter, and with the several 
 acts lierein referred to; and if said baidc siiall be 
 organized before the termination of tlie war, it ami its to be remoT&d 
 operations shall be removed to the city of Mobile as ° 
 soon after the termination of the existing war as the 
 president and directors thereof may deem the city of 
 Mobile secure from the enemy. 
 
 Sec. 4. Be it further enacted, That this act shall be „ , 
 
 di 1 - 1.1 ii» T-«.f , Public aot. 
 
 eemed and construed to be a public act: Procidea 
 
 however, That the provisions of this act shall not apply Proviso. 
 
 to any bank or insurance company in this State, which 
 
 may refuse to receive on general deposit, or in payment 
 
 of debtS'due to it, the treasury notes of this State or of 
 
 the Confederate States. 
 
 Approved November 7, 1862. 
 
 Ko. 107.] AN ACT 
 
 To establish a Bank in the town of Opelika, Alabama, 
 to be called the Exchange Bank of Alabanui. 
 
 Sec. 1. Be it enacted hy the Senate and House of Repre- 
 sentatives of the State of Alabama in General Assembly fd"'' "'"*'*^' 
 convened, That a bank be established in the town of 
 Opelika, Russell county, Alabama, the capital stock of ^'"p"''*''*"'- 
 whirh shall not exceed six hundred thousand dollars, 
 divided into shares of one hundred dollars each. 
 
 Skc. 2. Be it further enacted^ That A. B. Griffin, 
 Loxla Edwards, W. C. Koss, R. C. Jeter, N. Sledge, com«i.sione». 
 James M. Greeti, E. C. McCnrxly, W. C. Sorice, J.^R. 
 Hubbard, E. riollis, VV. G. Williams, and Robert S. 
 Brownticld, be artthorizcd as commissioners to receive 
 subscriptions for shares of stock, not to exceed six hun- 
 dred thousand dollars; the said commissioners, or a 
 majority of tlicm, shall designate the time and place B"ok» to bo 
 for receiving subscriptions to said stock; shall keep Xipillni""*^ 
 books open and receive subscriptions for thirty days, 
 unless the said amount of six hundred thousand <iol- 
 lars'fhall be sooner subscribed, and in any event shall 
 
1862. 
 
 106 
 
 Notice to be civ- 
 en, and bow. 
 
 Fire dollars p*r 
 share to be paid. 
 
 Other install- 
 ments. 
 
 Discretion of 
 subscriber. 
 
 Money to be de- 
 posited. 
 
 Vacancies. 
 
 Election of offi- 
 cers. 
 
 Conditions. 
 
 keep books open for ten days, and until as much ns two 
 hundred thousand dolh^rs be subscribed ; the said com- 
 missioners shall give at least thirty days' previous no- 
 tice of the opening of said books by advertisement in 
 at least three public newspapers, published in this State, 
 and elsewhere in their discretion, and shall keep a cor- 
 rect record of all their proceedings. 
 
 Sec. 3. Beit further enacted^ That at the time of ad- 
 mitting such subscriptions for stock, the said commis- 
 sioners shall require from the subscriber the sum of five 
 dollars for each share subscribed; the subscriber shall 
 further pay an installment of fifteen dollars per share 
 within niiiet}' days after the first opening of said books ; 
 an installment of fifteen dollars per share within six 
 months after said opening day ; twenty dollars per share 
 within nine months after said opening da^- ; twenty-five 
 dollarsper share within twelve months after saidopening 
 day, and twenty dollars per share within fifteen months 
 after said opening day; but any subscriber may, if he 
 thinks proper, pay in his subscription at earlier days 
 than above limited, and in such case, interest shall be 
 equalized with the other stockholders upon equitable 
 principles; the said commissioners shall deposit all 
 moneys received by them in such bank, or other place 
 of deposit as they may select, until the said new bank 
 shall go into operation, after payment shall be received 
 by itself; the commissioners shall shall have [)0wer to 
 fill vacancies, occurring in their own body, by death, 
 absence, or refusal to act until their duty is performed.. 
 
 Sec. 4. Be it further enacted, That whenever a sum 
 of not less than two hundred thousand dollars, nor 
 more than six hundred thousand dollars, shall have 
 been subscribed to the capital stock of said bank, and 
 after closing the books of subscription, and after half 
 of the capital stock subscribed shall have been actually 
 paid in gold or silver, the said bank may elect its offi- 
 cers under the following conditions, to-wit: the presi- 
 dent and directors of said bank thus appointed shall, 
 without loss of time, make the necessary arrangements 
 to put the bank in operation, so soon as pursuant to the 
 provisions of this act, the bank shall possess in gold 
 and silver one half of the capital stock subscribed; but 
 the sai<l bank shall, under no pretext whatever, com- 
 mence its banking operations by discounting bondSj or 
 notes, or bills, t>y loaning money, or putting into cir- 
 
lOT 1862. 
 
 culation its own notes until it actually, and in good 
 faith shall have and possess, of its own absolute prop- 
 erty, in gold or silver, one half of the whole amount of 
 capital stock subscribed, and shall have returned to the 
 governor of this State an account thereof verified, by 
 oath or afHrniation, of the president or cashier for the 
 time being, nor shall the bank so commence its opera- 
 tions until the governor, satisfied by the return afore- 
 said, and by such other evidence as may be offered, 
 shall issue a proclamation, declaring that said return Governor to is- 
 had been fully made, and that it appeared to his gj^^jg. *"*p''**<=*'"»''°" 
 faction that said company had, of their own absolute 
 property, the amount in gold and silver aforesaid, and 
 were authorized under the provisions of this act, to 
 commence their banking operations as aforesaid, and if 
 said bank, without actually, and in good faith, having 
 of its own property, the amount of gold and silver as 
 aforesaid, or without having made return as aforesaid, 
 or without the proclamation of the governor as afore- 
 said, shall commence any such banking operations as 
 aforesaid, the charter hereby granted shill be null and„ . , 
 
 •1 J '11 I 1111 •! t, 11-. Penalty for eom- 
 
 void, and said bank shall be considered, to all intents mcncingwithont 
 and purposes, an unchartered bank; and- if more sub- ihrMndmc^s'.''" 
 scriptions be; offered to the commissioners than they 
 are authorized to receive, they shall scale and allow th-e 
 subscriptions in such mode as they shall deem equita-Exccw of sub- 
 ble, giving, in all cases, the preference to subscribers, ^aiedl'""' *** ""^ 
 who shall be citizens of Alabama, and if still necessary, 
 they shall reduce the largest subscriptions so as to form 
 the proper amount of capital stock, and no more: Pro- 
 vided, That no other bank be allowed to take stock in 
 said bank. 
 
 Sec. 5. Be it furtlier enacted. That if, in closing the 
 books of subscription, a sufficient capital shall not be opened aglin.* 
 subscribed to authorize the bank to go into operation 
 under the terms of this act, the commissioners may 
 again open the books afterwards, at such time and place 
 as they may direct, under the same regulations as be- 
 fore provided, until the subscriptions be sufficient; af- 
 ter the bank officers shall have been elected, it the stock 
 \3 not full, the board of directors shall have power to 
 tfause books to be opened, from time to time, until the 
 stock and capital be full, and to appoint comuiisfjionurs 
 to receive such subscriptions, under such rules as they 
 may prescribe, provided thirty days' notice be given, 
 
1862. 
 
 108 
 
 Priyilegof. 
 
 by advertisement as before prescribed, of the time and 
 place of receiving such subscriptions, 
 dy corporate ^^'^ ^- ^^ ^'^ fuHher enactcd, That the stockholders 
 as Exchange of Said bank, and their successors, shall, when a suffi- 
 cient amount shall have been subscribed and paid in, 
 be and they are hereby created a corporation and body 
 politic, by the name and style of the Exchan<<eB;uikof 
 Alabama, and shall so continue until the lirst day of 
 June, 1893, and by that name shall be, and they are 
 declared able and capable in law to have and to own, 
 purchase, receive, possess, and retain to them and their 
 successors, lands, rents, tenements, hereditaments, 
 goods, chattels, and effects, of whatever kind, nature 
 and quality, money, obligations, stockt^, bonds, bills, 
 notes securities, and choses in action of whatever kind 
 or nature; and the same may sell, grant, demise, alien, 
 convey, or dispose of, and may sue and be sued, plead 
 and be impleaded, answer and be answered, defend and 
 be defended, in any suit, matter, or thing, de[>ending 
 in any court of law or equity, and shall also have pow- 
 er to make, have and use a common seal, and the same 
 to break, alter and renew at pleasure ; also to ordain, es- 
 tablish, alter and repeal by-laws, ordinances, and regu- 
 Jations as they may deem necessary and convenient 
 from time to time, for the government of said corpora- 
 tion, not being contrary to the constitution and laws of 
 the Confederate States, or of the Stat6 of Alabama; 
 also to make loans and discounts, deal in money, notes, 
 bills of exchange, bonds, mortgages, and securities of 
 all kinds, to receive deposits, to make and issue bank 
 notes, payable on demand to bearer, and to make all 
 contracts, and transact all such business as is usually 
 transacted by banks, and as are within the scope of 
 banking operations, and generally to do and execute all 
 and singular the acts, and matters and things, which to 
 them it shall appertain to do, as incident to bodies cor- 
 f)orate, subject, however, to the rules and limitations 
 herein contained: Provided, That said bank shall not, 
 in any case, deal in, orpurcliase, merchandise, produce, 
 or persojial. property of any kind, or real estate, except 
 for its ne(;essary banking houses, buildings and pur- 
 poses, or by way of securing payment of debts due it, 
 nor shall it issue, or cause to be made for circulation as 
 currency, any bills or notes that are not payable on de- 
 mand. 
 
 BestrictiODB. 
 
109 1862. 
 
 Skc. 7. Be it farther enacted, That the affiiirs of said « „,, , ,.^, 
 
 bi 1 1 1 1 11 1 • I 1 B lard of dlre«l- 
 
 aiik shall 1)0 mana^jea by seven (lirectors, elected an-^'s 
 
 nnally by the stockholdersof said bank ; at all elections 
 the stockhohhrs aliall elect the directors, and shall vote ""^ cieet«d. 
 accordiiii^ tothe scale and rates of votes following : each 
 stockholder, for every share he may hold, not eXceed- 
 inff twenty-tive, may give one vote ; for every two shares 
 above twenty-five and under fifty, one vote; for every 
 three shares above fifty and under one hundred, one 
 vote; for Q.vQxy five shares above one hundred and un- 
 der one iiundred and fifty, one vote; and for every ten 
 shares above one hundred atid fifty, one vote; ar.d, af- 
 ter the first election, no share shall confer a right to 
 vote, which shall not have been holden by the voter 
 three calendar months i>reviou3 to the election ; the 
 stockholders shall be entitled to vote either in person 
 or by proxy; the shares of infants may be voted for by 
 their parents or guardians; if married women, by their 
 husbands or trustees; if Citrporations, by their presi- 
 dents; if copartners, or joint owners, by either unless 
 the other dissent, in which case neither shall vote, and 
 all powt'rs to authorize persons to vote by proxy shall 
 be in writing. 
 
 Skc. 8. Be it further enacted, That the first election 
 for directors shall he held as soon as may be after the first election, 
 books of subscription shall be closed, and a sufiioient 
 number of shares be subscribed; the said eomniisMion- 
 ers appointed to receive subscriptions, shall hold said 
 first election, on such day as they ma}' appoint, after 
 giving thirty days' notice of ihetime and place of hold- 
 ing the same; tliey shall certify to the directors the 
 names of the persons so elected ; shall hand over their 
 reconls to them, and the moneys subscribed ami [laid ; 
 tlic said board, so elected, shall proceed to elect a pres- 
 ident from their own number, and the board shall con^'"**''*"*- 
 tinue in f>fl5ce until the expiration of the second Mon- 
 day in January following, and until their successors 
 sliall enter upon their duties; the subsequent elections Kiociion of di- 
 for dir(!ctors shall he held in the banking house, on the ^'='^^^''" ""'•»'• 
 second Moiwlay in January, in each year; the new board 
 elected shall be authon/z-d to enter upon its duties the 
 day after, and continue until the expiration of the sec- 
 ond Monday of January next thereafter, and until their 
 successors shall organize and enter upon their duties; 
 the polls shall be hold by three stockholders, other tbmi 
 
k 
 
 1862. 110 
 
 Ruiesintheeiec- Ji''cctor3, appointed by the board to hold the same; the 
 
 ^'oD. vote shall be by ballot, under such regulations as the 
 
 bank rnay prescribe, but ten days' notice of such elec- 
 tion shall be given in one newspaper of the county in 
 which said bank is located, and no stockholder shall 
 vote at any time Avhile in default of payment of install- 
 ment of stock. 
 
 Eligibility ^^^' ^' ^^ ^^ further enacted, That no person shall be 
 
 a director unless he shall own one thousand dollars' 
 worth of stock in said bank bona fde, and as his own 
 propert}'^ ; nor unless he shall be a resident citizen of 
 this State, and is not a stockholder in any other bank. 
 Sec. 10. Be it further enacted, That in case no elec- 
 
 Paiureto elect.; ^^q^ g|^^]| ]jq niade of dircctors or president at the time 
 provided by this act, the corporation shall not for such 
 cause be deemed dissolved, but such election shall be 
 held as soon after as may be on due notice. The board 
 
 Vacancies, how shall havc powcr to fill all vacancies in the office of 
 
 '^"^'^ president or directors ; six months absence removal from 
 
 the state, transfer of stock down to a sum less than 
 one thousand dollars, and any cause which shall prevent 
 the attendance of such officer permanently to discharge 
 the duties, or render him incapable of so doing, shall 
 vacate the seat of such president or director. 
 
 Sec. 11. Be it further enacted. That the president and 
 
 cai^hier and oth- directors of such bank shall have power to r.ppoint a 
 
 cr officers. cashici", and all such officers, clerks, agents and servants 
 as may be necessary from time to time to carry on the 
 business of the bank, and prescribe their compensation 
 and duties and require proper bonds for the faithful dis- 
 charge of their duties in their discretion, and to issue 
 bank bills payable to bearer on demand at their bank- 
 ing house. 
 
 Sec. 12. Be it further enacted, That the shares of 
 
 Btock assignable, stock in Said bank shall be assignable and transferrable 
 according to such rules as shall be instituted in thatbe- 
 halt by the by-laws and ordinances of the bank, and 
 
 Proviso transfer books shall be kept for that purpose: Provided, 
 
 that in case of the failure of the bank within six months 
 after any such transfer or sale of stock, the party selling 
 and the party purchasing said stock shall be each held 
 liable for tlie payment of the debts of the bank in pro- 
 Further proviso, portion to the stock so transferred: Provided further, 
 that no transfer of stock shall be made so as to vest in 
 any one stockholder a greater number than one-fourth 
 
Ill 1862. 
 
 amount ol the whole number of shares subscribed for 
 
 in such corporation : And Prodided further, that the 
 
 bank shall have power to pass by-laws to prevent the Another proTiso. 
 
 assig'nment of shares by parties owins; debts to said 
 
 bank pnst due, until such indebtedness be paid, and to 
 
 withhold dividends due to persons so being in default 
 
 if tliey think it proper. 
 
 Sec. 13. Be if farther enacted, That if anv person or „ 
 
 i. 1 • u 1 i. "i 11 1 • Mny move for 
 
 persons, copartnership, or body corporate, shall be i n- judgment in cer- 
 debted to said bank, as maker, endorser, guarantee, or'*'"*^"^** 
 as drawer, or acceptor of any note, bill or bond, made 
 expressly negotiable and payable at the said ba)ik, and 
 shall d^day payment thereof, the said bank may move 
 for judgment and award of execution against such 
 debtor, in any court of record in the state where such 
 defendant may reside or corporation so indebted be lo- 
 cated, and judgment thereon shall be rendered as may 
 be lawful and proper: Provided, that the defendant in Requirementa. 
 any such case shall have thirty days' notice of such mo- 
 tion before the same is made, specifying what the de- 
 mand is: Provided also, that at the time of making proviso, 
 such motion, the bank shall produce and file a certifi- 
 cate of its president or cashier, under the seal of the 
 bank, that the debt claimed is really and bona fide the 
 property of the bank: Provided further, that if any de- Further proriso. 
 fendant phall appear and contest the claim, the court 
 shall require the bank to file its declaration and the de- 
 fendant his pleas, and cause issues to be joined in law 
 or fact, to be tried instanter, or during the term, as the 
 court may direct, by a jury or by the court, as the case 
 may be, unless on sufficient cause shown it be neces- 
 sary to continue the case, and the court shall give judg- 
 ment as may be proper : And provided further , that the 
 summary remedy thus given shall not preclude any 
 other mode of redress which may be lawful to enforce 
 the right of the bank. 
 
 Si:c. 14. Be ij further enacted, That the said remedies 
 given for the collection of debts due the bank shall be J^-'ai"" "^"" 
 reciprocal ior and against the bank, and in motions 
 against the bank, no certificate shall be rcrjuired to be 
 fileil W'* above set forth, and the courts of record in the 
 county in which snid bank is located, having jurisdic- 
 tion, shall hear motions for the recovery of all debts 
 due by said bank, and in nil suits against such corpora- 
 
1862. 
 
 112 
 
 Fandamenlilar 
 tkles. 
 
 JUlabSHty. 
 
 tion service of process on the president or cashier shall 
 be sufficient to bring the defenthint into court. 
 
 Sbc. 15. Be it further enacted, That the said bank 
 slicill be subject to the foUowing rules and reguhitions,^ 
 and they are dechired to be fundamental articles in the 
 constitution of said corporation, to-wit : 
 
 Articlk 1st. The bank shall not commence operations 
 until half the capital stock subscribed for be actually 
 paid, in gold or silver, which amount shall in no case 
 be loss than one hundred thousand dollars. 
 
 Article 2. That the stockholders in said bank shall 
 be bound respectively for all the debts of the bank io^^ 
 proportion to their stock holden therein, and this provi^f* 
 sioM shall in no wise affect or impair the provisions of 
 the twelfth section of this act. 
 
 Article 3. That the batik shall not be authorized to 
 issue or have in circulation, at one time, notes or bills 
 of the bank to an amount exceeding twice the amount 
 of the capital stock actually paid in, md in case of an 
 issue greater than herein allowed, the president and di- 
 rectors under whose administration it may happen shall 
 be liable for the same in their natura-1 and private ca- 
 pacities, and actions may be brought against them, or 
 either of them, in any court, b}'^ any crediUir of said 
 corporation, and may be prosecuted to judgment, any 
 condition or agreement to the contrary notwithstand- 
 ing; but the corporation shall not on acount of this 
 provision be liable and chargeable with said excess : 
 Provided, that the President and such ot snid directors 
 who may have been absent, or dissentinsr, when said ex- 
 cess was contracted or created, mny respectively cxon- 
 < rate themselves from being so liable by forthwith giv- 
 ing notice of the fact of their absence or dissent at n 
 general meeting of the stockholders, which they shall 
 have power to call for that purpose. 
 
 KuLi<; 1. The bank may at its option receive in pay- 
 Mav receive, but nieiit, or 00 deposit, the notes of the banks of the states, 
 
 not pajr oui. ? r- ' , , , i <• j • 
 
 but shall not pay out the same on loans, dratts or dis- 
 counts. 
 
 Rule 2. The bank shall be required to procure and 
 keep on hand gold and silver in proportion, of not less 
 than one-third of the amount of bills it shall have in 
 circulation, and if withdrawn shall immediately proceed 
 to replace the deficiencj'. 
 
 Rule 3. The bank shall be required to receive money 
 
 Proviso. 
 
 Proportion of 
 coin. 
 
118 1802. 
 
 on rlopoait ntul pay »>ntthos;ime toordor, freoof cliiiriro, siiaii nccive on 
 in auch smii8 as the <le|)()sitors may 'lircc-t: Provided, ^'^^°'^^^' 
 that the bank shall dot he required to pay deposits in 
 less sums than twenty dollars, nor to rceeive them in 
 less sunia thati one hundred doll-irs. 
 
 KUT.E 4. The bank sluill not take, retain or reeeive on r te of intereat. 
 its loans or discounts, in'ere-'t at a greater rate than as <^""''"«- 
 follows: upon pajter rininin<:;six monthsor under six 
 per cent, per annntn upon paper more than six months 
 and not exceeding nine rnontiis, seven percent, per an- 
 num ; upon paper running tnore than nine numths, 
 eight per cent, per annum : Provided, that all paper had 
 and owned by sai(i bank shall, utter maturity, bear in- 
 terest at the rate of eight percent, per annum. 
 
 1\ULE 5. No director shall receive any emolument, 
 but the president may receive sueli compensation as tlie 
 stockholders shall at a general meeting as!^ign him. 
 
 liULE 6. No director shall hold his otKce rriore than 
 three years out of four in succession, but the president 
 may always lie re-elected for the ensuing term. 
 
 KiiLK 7. Not less than three direct<M's shall cortsti- Quorura. 
 tute a quorum for the transacoion of business, of which 
 the president shall always be o>ie, ('Xce|it in case of 
 sickness or necessary absence, in which case his place 
 may be supplied by any other direetor, whom under his 
 hatnl he shall depute f )r that purpose, and the direct<n- 
 - 1 deputed may do and transact all necessary business 
 ■donging to the office of president of said corporation, 
 under the name of [iresident pro ^em, 'during the con- 
 tinuance of the sickness or ne<'e-<arr absence of the 
 president. 
 
 KOLK. 8. All officers of the bank, the president and omccrs to gi^e 
 directors excepted, shall be required befoie they enter''""'' 
 upon the duties ot tluir office, to give bond and secu- 
 rit\ such as the bt»ard shall approve. 
 
 JRULE 9. Yearly or half yeady dividends shall he 
 made of so much of the ].r..fits as shall aj.pcar to tin. ^""'''"<'»- 
 directors proper, but no dividends shall be jiaid as prof- 
 its which shall treiw.h upon the capital of the bank. 
 
 liVhK 10. Once in every three years thedirectorsshall 
 lay before the stockholders, at a general tiieeting, for trK."'!,'**/^"''''* 
 their infjjrmation, an exact, full and particular state- 
 ment of the condition and affairs of said bank, show- 
 ing the particulars ot all suspended debts, and shall 
 
 8 
 
1862. 11 ^ 
 
 give a]l information to them required for a proper un- 
 derstanding of its true condition. 
 
 KuLE 11. The directors sliall have pow.er to call 'a 
 
 General meeting general meeting of the stockhohlers at any time they 
 may deem nece.ssnry and expedient, and a number of 
 stockholders not less than thirty, who together shall be 
 proprietors of five hundred shtires of stock or upwards, 
 may at any time call a general meeting of the stock- 
 holders, relative to the institution, giving at least six 
 weeks notice in a newspaper of the town or county in 
 which the said bank is located, of such meeting, and 
 specifying the purpose or purposes thereof. 
 
 Rule 12. The said bank shall make to the comptrol- 
 Annaai state- ler of public accounts a return, once in every year, of 
 
 t^oulr.'" °"^'its true situation, showing the amounts of its assets and 
 liabilities, and of what they consist, also a list of stock- 
 holders of said bank, and a list of the shares owned by 
 each. 
 
 Rule 13. The governor of the state shall appoint 
 
 to^ex^mine*'Mch^'"^i^'^'b' ^^^^^ conimissioiicrs, whose duty it shall be to 
 
 j«a«'- examine the monej-, books, papers and documents of 
 
 the said bank, and otherwise examine into its condition 
 and make a report thereon, within two months after 
 their appointment. The bank shall furnish all infor- 
 mation to said commissioners necessary for an accurate 
 examination, and sliall pay to said commissioners four 
 dollars per day each, not exceeding ten days each, and 
 
 Arada^iiofcom- ^'^''' commissioners shall each make aflidavit before an 
 
 miasionc/s. acting justicc of the peace, that they have not, previous 
 to the time of their visit, communicated to the officers 
 of the bank the time when they would visit the said 
 
 Filed. bank for examination as aforesaid, which said aflidavit 
 
 shall be" filed in the office of the secrctar}- of state. 
 Sec. 16. Be it furlher enackd, That by way of bonus 
 
 Bonus in licuoffor granting this charter, the said bank shall pay annu- 
 
 tixe». r^]]y j„|.(^ ^j,(j treasury of the state, on or before the first 
 
 day of November in each year, and while the bank shall 
 continue banking business, an amount equal to thrice 
 the taxation, which may be assessed on eveiy hundred 
 dollars of the value of lands, for the time being, by the 
 state, on each, share of the stock of the bnnk, which 
 shall be in lieu and composition of all taxation by the 
 state, county, town, or other authority, on the capital 
 
 rrovLvo. stock or business of the bank: Provided, that all real 
 
115 1862. 
 
 estate owned by the bank shall bo siil>joct to paj' taxes 
 as it' held by iiulivi luals. 
 
 Siic. 17. Be it farther enacted, That whenever any whon note* nai 
 bills, notes, checks, or other issues of said bunk are ntar'ktT''pr" *** 
 presented at the counter of the same for redemption, '^si^''" 
 and the bank shall refuse to reileeni the same, either in 
 gold or silver, the cashier shall write across the back of 
 such l)ill, check, or other issue, the word "pi'otested," 
 with the day find date, and shall sign the same, and all 
 such bills, notes, checics, or other issues so protested, 
 shall draw twelve per cent, interest from the date of 
 such protest, an<l until the same shall be redeemed, to- Tweivepercent 
 ffcther with the interest that may have accrued thereon ;' t*"""' ■^«"- 
 
 1 •■• 1 I II II I • 1 'tionl toother 
 
 and it any such bill, note, check, or other issue be [> re- interest, 
 sented to said bank and payment refused, and said oili- 
 cer fail to note the same "protested," as above provided, 
 such officer, so failing, and his securities, shall be sub- ^'*"^'''<*- 
 ject to pay double the amount of tlie demand offered 
 and refused, to be recovered by the person aggrieved in 
 any (.-ourr of record in the county wlicre said bank may 
 be located. 
 
 Si:c. 18. Beit further enacted, That no stockholder ^^ , . ^, 
 
 ^ • I I 1 1 ir • 1 -• II,. No loon to dlrrc- 
 
 01 said l)anK sliall receive any loan from the bank, ei- «■"■ ifeun* not 
 ther directly or indirectly, until the whole amount of'" ^*"'' 
 his stock shall be paid ; and no stockholder, while any 
 portion of his stock is unpaid, shall be otherwise a 
 debt<tr of said Ijaiik, nor shall said bank, under any pre- 
 text, h<dil any stock purchased by it of its stockholders 
 for more than six months from tlie date of [jurchase. 
 
 Sec. 19. Be it further enacted. That if any debt or ^"l ^"'''*'"^"- 
 cmand due trom said bank, tor an amount exceed ing<''-t'i«ionar»m«, 
 one hundred dollars, shall remain unpaid for more than clr>!^"ifwmcilt 
 ten diys, after pp.. per demand made for payment, the '*"'^"'^ 
 hohler ot such debt may tile a bill in the chancery court 
 of tht; county or district in which said bank is located, 
 for the settlement of all the debts of the bank, if he 
 elect so to do, and may on proo , by affidavit, of such 
 refusal to pay on demand, and of the continuance of 
 such refusal, made to any chancellor or judge of any 
 circuit court of the state, pray an injunction to restrain 
 said bank and all its oflicMs trom paying out, or in any 
 way translerring or delivering to any person any money 
 or n.>«set8 of said bank, or incurring any obligation or 
 debt, until such order l)e vacated or mollified; and ifinj.-ietion may 
 auch chancellor or judge shall be of opinion ihat the "" »'*"''^ 
 
1862. 116 
 
 (lel)t. is jnstly due, and that tlie bank has no just defense 
 aj^aiiist the demand, and if it shall a[)pear expedient 
 and necessary, upon the proof jorcsented, in or-ler to 
 prevent fraud and injustice, he siiall grant an order for 
 proriso "'^^''^ injunction: Provided,, that the bank shall have had 
 
 such reasonable notice of the application as the chan- 
 cellor or judge may prescribe, and shall not be able to 
 show sufficient cause against the same, and tlie said 
 chancellor or judge shall then proceed further to in- 
 quire, on such further notice as he may prescribe, whe- 
 ther the bank be clearly solvent or not, and may require 
 the officers of the bank to exhibit any and all of its 
 books, papers, accounts, assets, moneys and efi'ects, and 
 be examined on oath touching the same bctbre him, 
 and if it shall appear th it said bank is not clearly sol- 
 vent, then he may make an order declaring the same to 
 be insolvent, and requiring its afl'airs to be wound up 
 and settled ; and further, if, in his opinion the safety of 
 the creditors shall require it, such judge or chancellor 
 may •j[)point a receiver to take charge of the assets of 
 the bank and to close and settle its afl'airs, and may 
 make all such orders for the accomplishment of the 
 ean)e safely, properly, and economically, as the case may 
 require; but if^t shall appear on such examination that 
 said bank is already solvent, or if there shall appear to 
 be a deficiej)cy of assets, and tiie bank shall [irocure 
 and give good security for the payment of any defi- 
 ciency which may exist, and that the assets shall prove 
 sutlicient to pay or satisfy all the debts of the bank, to 
 tlie satisfaction of the judge or chancellor, then no such 
 receiver shall be appointed, and upon the payment of 
 the debt complained of, the injnnctiijn and proceedings 
 shall be dismissed, and such oi'der shall bemadeforthe 
 p.iyment of costs as the judge or chancellor shall deem 
 proper and just, and the proceedings shall be returned 
 iind ma<le of record in the chancery court of the county 
 or distiict in wliich said bank is located, atid shall be 
 subject to revision and correction by the supreme court, 
 as in other cases. 
 
 Skc. 20. Be it further enacted^ That in case tlie said 
 
 ■v^g„ jngoi^gnt baidv be found insolvent, and settlement of its aliaira 
 
 how to proceed! jjy ordered as herein provided, the same shall be done, 
 
 upon bill filed in said cha)>cery court, under the order 
 
 of court and rules of chancery, and full distribution 
 
 shall be made of the assets 'according to the rights of 
 
\. il7 1862. 
 
 all parties; Dut tne holders of bank notes aiul ol)lio;a- niii-hP\ricri pre- 
 
 tions issne<l for circulation as money, sliall he lirst called '"^"^'^ creditors. 
 
 in and paid, and shall have priority over othor debts 
 
 due from the bank, and alter the assets of the bank are 
 
 exhausted, if they be not suthcient to pay all debts and 
 
 liabilities, a further call shall be made on the st()cddit)l- Kirue.""'^" 
 
 ders in the bank for a further payment of capital, over 
 
 and above the sum of one hundred dollars, of an amount 
 
 equal to the deiiciency, which shall be apjiortioned 
 
 among all the shares of stock, and an order shall be or.ier or the 
 
 made by the court for the payment by each shareholder *'°"'"'- 
 
 of the sum or proportion due on his share of stock, 
 
 and each shareholder shall pay the sum so assessed to 
 
 him, severally, in proportion to his stock. 
 
 Sec. 21. Be it further enacted, That the summary l^'-™^''/'*"',"?'"^ 
 
 ..,.■'. .. , , * ing not applica- 
 
 remedy m this act, tjiven lor settling up and do- ''fio mere m*. 
 sing the affairs of said bank, sliall apply to the case ot'"'"*°"* 
 insolvency, but shall not be allowed in the case of a 
 suspension of specie pa^Muent only by the bank, when 
 and so long as such suspension shall be sanctioned by 
 the general assembly, or by the governor of the state 
 during the recess of the general assembly; but nothing 
 in this act contained shall be so construe<l as to deprive 
 a creditor of said bank of his right to suit in any other 
 a[»pro[»riatc mode of jiroceeding, or to [)revent the gen- 
 eral assembly from hereafter regulating, by a general 
 law in relation to banking institutions, the mode of 
 enforcitig and satisfying the rights of creditors of said 
 bank: Providrd, that any bill holder shall have the right Proviso, 
 to move in any court having jurisdiction, or before any 
 jiisticeot the peace in the town or county in which the holder, 
 bank is located, as the case may recpiire, for the C(dlec- 
 tion of any bill the payment of which may i)e relused. 
 
 8ec. 22. Be it farther enacted. That notwithstand- corporation 
 
 -1 • . • ■ ,■ I • ,. 1 • 1 • 1 name m »uit« 
 
 ing tne expiration ot the time for which said corpora- audiiquidaiion». 
 
 tioii is created, it shall be lawful to use the corporate 
 
 name, style and capa(,'ity, for the purpose of suits, and 
 
 for the final liqiii.lation and settlenu-nt of the affairs 
 
 and accounts of the corporation, for the sale and di>|»o- 
 
 sition of its estate, real ami per:<oiial, and collection of 
 
 its assets, l)ut not for any other purpose, nor for a p<'- Limitukm. 
 
 riod exceeding two years after the expiration of said 
 
 term of incorporation. 
 
 Skc. 23. Ikit further enacted. That said bank shall i^'^/JiVr** 
 
isr.ue no notes or bills or u less denomination than one 
 dollar. 
 Approved December 1, 18G2. 
 
 No. 108.] A'N' ACT 
 
 To incorporate the Red Mountain Iron and Coal Com- 
 pany. 
 
 Sec. 1. Be it enacted by the Senate and House of Rep- 
 resentatives of the Statf- of Alabama in General Assembly 
 convened^ That Wm. B. Gilmer, Wm. C. Bibb, John 
 i»«orporator3. jy p[,elan, F. M. Gihiier, jr., John T. Milner and oth- 
 ers, their associates, now composing the "Alabama 
 Arms Manufacturing Company," under an asso(.;intion 
 made agreeably to the provisions of the Code of Ala- 
 bama, touching private corporations, are hereby created 
 a body corporate, under the name and style of thii Ked 
 sameofOompi- Mountain Iron and Coal Company, and invested with 
 ''^' all tbe usual corporate powers necessaiy to a corporate 
 
 Powers. existence ; such as to have and use a common seal, and 
 
 the. same to alter at pleasure; to ordain all lawful by- 
 laws and regulations needful to the purposes of the 
 corporation ; to hold all real and personal estate es- 
 sential to their business, and i'cnerally to do,, in a 
 corporate way and manner, all things within the legiti- 
 mate scope of the business and purposes of said corpo- 
 ration, which are hereby declared to be mining for coal 
 and iron, and the making and general manutacture of 
 iron on their lands in Jeflerson and Shelby counties. 
 Sec. 2. Be it further enacted, That in order to facil- 
 stghitocontract itate their operations in c()al and iron, tiie said compa- 
 ny fire hereb}' invested with the right to construct such 
 works on the Cahaba river, in Shelby and Jefferson 
 counties, ns thej' may deem necessary to create slack 
 water navigiitiun on said river, above and below the 
 crossing of the Tennessee and Alabama Central Rail 
 umitofioii. Road, and shall be allowed to charge and collect a toll 
 upon all tonnage, timber, or other commodity, trans- 
 ported by the public ou said river thus improved, not 
 to exceed tive cents [jcr ton per mile, and shall also be 
 allowed to use in propelling their own machinery, or to 
 
119 18G2. 
 
 let to others the water power created by the construc- 
 tion of their works. 
 
 Sec. 3. Be it further enacted. That said company is Furjicrnghu. 
 hereby antliorizcd to purcliase, receive and hoUl, such 
 estate as may be necessary and convenient for tiie river 
 improvements, mentioned in section 2 of this act, and 
 may, by their a_<^ents; engineers, and servants, enter 
 upon all hinds and tenements, upon which tliey may 
 deem it necessary to construct works for tiie ]>urp()ses 
 above mentioned, and to survey, locate, and contract 
 for the right of way through, or damages to said lands, 
 or tenements, with the owners or managers of the lands 
 along said river, and when the company and the par- 
 ties owning, or controlling, an}' lands along the con- 
 tempi ited river imiirovemeiits, cannot agree as to the 
 damage, it sh;di be lawful to proceed in the assessment 
 of said damages, as set forth in sections 9, 10 and 11 
 of an an act entitled '-An act to incorporate the Rus- 
 sell Hail Road Company," approved February 10, 1852, 
 b}' substituting, where the word rail road occurs, the 
 words " river improvements." See pages 1G9 and 170 
 of Acts I80I-2. 
 
 Skc. 4. Be it further enacted., That the capital stock Capital ^tock. 
 of said company may be increased at the discretion of 
 the board of directors, so as not to exceed, at any time, in.iivi.iuai lu- 
 the sum of twelve hundred and tifty thousand dollars, *"'"*• 
 divided into shares of one hundred dollars each ; the 
 indivi<lual liability of any stockholder shall not extend 
 beyond the amonnj of stock owned by him, but each 
 stockholder shall be -liable to that extent out of his pri- 
 vate property Ibr any debt or defalcation created or in- 
 curred during the time he was a stockholder. 
 
 Six./). Be it further enacted., That the acceptance of Acreptanccsbaii 
 this act of incorporation, by the Alabama Arms Mann-''***" 
 facturing Conjpany, shall vest in said company, under 
 its new name, all the powers and privileges, and riglits 
 of property, and claims of every kind, now held or en- 
 joyed by said Alabama Arms Manufacturing Company, 
 and subject it in like manner to all the duties, obliga- 
 tions, contracts, and liabilities of every kind, »iow rest- 
 ing upon said Alabama Arms Manufactaring Company, 
 and said acceptance may be lawfully signiticd by a res- 
 olution of the board of directors of said company, en- 
 tered on their minutes. 
 
 Approved Xoveuibcr 5, 1862. 
 
1862. 
 
 120 
 
 No. 109.] 
 
 AN ACT 
 
 ■•^ 
 
 Inoorperators. 
 
 Powers. 
 
 To Incorporate the Selrna Iron Foundry Company. 
 
 Skc. 1. Be it enacted h>/ the Senate card House of liejyre- 
 se/ffatives of the State <>/ Alabama, in General Assembly 
 convened, That 0. J. .McRao, ami such other persons, 
 as now are, or may herejifter be, assocuited with him, 
 for the purpose hereinafter ex)»ressc(l, are liereby Cou- 
 stitnted a body cori»or!ite, with j»owor of continual sc^p- 
 cession to them, their heirs and assigns, with power to 
 sue, and be sued, contract and be contracted with, to 
 hobl, alien, and convey, buy and receive real ami per- 
 sonal estate of all kinds, and to have and to use a com- 
 mon seal, and the srme to chauije, or alter, at will, to 
 make and execute contracts, promissory notes, »lrafts, 
 bills <if exchani^e, avd other obligations under seal, and 
 not under seal, all of which shall bind the projterty, 
 and all the interests of said corporation. 
 
 Sec. 2. Be it furllar enac/cd^ That said corporation 
 
 U6manufacture3g]j.)i| i^.jyg pfj^yy,. ^^ m jui ufacturc all aud everything 
 niJide of iron, brass, eopjtcr, lead, or wood, in all of 
 their forms and branches, ajul to purchase and own min- 
 eral lands, and to ojien, iiiid work iron, copper, lead, 
 and coal mines in iiny part of the iState of Alabama. 
 8ec. 22. Be it further enocfed, That said corporation 
 
 Name. shall be known by the name of tlie Selnui Iron Foun- 
 
 dry Company; and in that name may sue and be sued, 
 in any court of law or ecpiity, aud may juirchase, hold 
 and enjoy f)roperty, real and personal, and sell and con- 
 vey the same at pleasure, and contract and be contract- 
 ed with, in the san)e manner as is usual to ct)rporations 
 of like character, kind or description, in aj»y amount 
 the body corporate may deem necessary to carry all the 
 olijeets of said corpoi'ation into full foi'ce and cttect. 
 Skc. 4. Be it farther enacted, That said corpf)rate body 
 
 Asto By-laws. <^\y,^\\ Imvc powcr to onhiin and establish such by-laws, 
 rules and regulations, for the government and conduct 
 of its officers, and agents, as it shall deem approjiriate 
 to its business, not in conflict with the laws and consti- 
 tution of the State of Alabama, and the Confederate 
 States. 
 
 Sec. 5. Be it farther enacted, That the capital stock 
 
 Of what capital of Said Company may consist of the property in Sohna, 
 
 stock may con- j^^j^.^g couuty, Ahibauia, now held by said C. J. McRae, 
 
121 1862. 
 
 and liis associates, consisting of five acres of land, more 
 or less, with the buildings and niacliinery thereon, and 
 thereto apperraining, together with all personal proper- 
 ty, owned by said association, and such other real and 
 personal estate of said company, and their future asso- 
 ciates and assigns, may think proper and necessary to 
 pnnhase for the use of their said business, not exceed- 
 ing in amount the capital stock of such association, and 
 said stock may be valued, by said conii)any, at such ghares each, 
 sum as they mny determine on, and divided into shares 
 ot one hundred do!hirs each, but the capital stock of Limit of capu»i 
 said association, or body corporate, shall never exceed '"^''■ 
 two million of dollars. 
 Approved December 5, 1862. 
 
 No. 110] AN ACT 
 
 To incor[)orate the Bibb County Iron Company. 
 
 Section 1. Be it niacfrd b)j the Senate mid Ilnusc of Eep- 
 
 rescntatircs of the State of Alabama in General Assembly 
 
 c livened, That C. C. Iluckabee, Newton 8mith, G ray ^""^'P^"'*"*- 
 
 IIiKkal)co, Wilson, A. S. Huntington, and VV. 
 
 M. Smith, together with such persojis as now are, or 
 
 may hereafter be, associated with them, for the jiur- 
 
 'loses hereinafter expressed, are hereby constituted a 
 .,wl,. ,„-....,^.....f ,« ,..:*K e 4.: i „.,,...,..,.;..., 4.^ 
 
 Powera, 
 
 iiiachinery, and jtersonjil pr()|>ert3' generally, to have 
 and to use a common seal, and the same to change or 
 alter at their pleasure, to make and to execute con- 
 tracts, promissory notes, drafts and bills of excliange, 
 and other obligations under seal, and not under seal, 
 and with or without their corporate seal, all of which 
 nhall bind the property and all the interests of said 
 c«»rporation. 
 
 Six. 2. Beit farthvr enacted, Tliat sai<l corporation, N»nio of comp*. 
 being located in the countj of Bibb, shall be known "^" 
 by the name of the Bibb County Iron Com|)any, and 
 in that name may sue and be sued, in any court of law 
 or e(|uity in this State, and may [.urchase, hold and en- 
 
1862. 122 
 
 joy property, renl or personal, aiul sell aiul convoy the 
 same at pleasure, and contract and be contracted with, 
 in the same manner and to the same extent as is usual 
 to corporations of like charaecor, kind or description, 
 in ail}' amount the body corporate may deem necessary 
 to carry all the objects of said corporation into full 
 force and eft'ect. 
 
 Sec. 3. Be it farther enacted. That said corporate body 
 
 Ab to its manu- t 1 1 i , o i • ^ i /• . i • 
 
 factures. Shall liavc powcF to manufacture pig metal from their 
 
 ir(^n ore, at the furnaces tliey have now erected, and 
 may hereafter erect; and said jjig metal to be manu- 
 factured into iron of any description, and into any and 
 every thinci: made of iron. 
 
 Shc. 4. JBe it further enacted, That said coi-porate body 
 
 AstoBj-iaws. g],.,ii liave power to ordain and establish such by-laws, 
 rules and regulations, for the government and conduct 
 of its officers and agents, not inconsistent with the laws 
 of this State and the Confederate .States, as it shall 
 deem appropriate to its business. 
 
 Sec. 5. Be it further enacted, That the capital stock 
 
 Of what capital of Said compaiiv may consist of the property, real and 
 o coneiBi. pyj.po,,;,]^ jjj Bibb ''ounty, now held by the parties named 
 in the first section of this act, situated not far from 
 Bibb station, on the Alabama and Tennessee Kiver 
 Kail Koad, consisting of five thousand acres of land, 
 more ov less, on which their furnaces are being erected, 
 and also the pcr.-^onal property thereon, and it may con- 
 sist of such other property and money as may hereafter 
 be associated and connected therewith by said com[»a- 
 ny, and tlieir associates or assigns, and said stock may 
 
 Shares each. be valucd by Said company at such sum as they may 
 determine on, and divided into shares of one hundred 
 
 .... , . , dollars each, but said capital stock shall never exceed 
 
 Limit of stock. . ' 1 1 1 I 1 f ,• 1 1 
 
 in value the sum of twelve hundred and fiity tiiousana 
 dollars. 
 
 Sec. 6. JBe it further enacted. That the individual lia- 
 r. . . r J- bility of any stockholder shall not extend beyond the 
 
 Extent of indi- •' o i iii- n i iiii 
 
 Tiduai uabiiity. amount of stock owucd by him; liut each stockholder 
 shall be liable to that extent, out ot his private proper- 
 ty, for any debt or defalcation created, or incurred du- 
 ■J^SSSilO'i ring the time he was a stockholder. 
 
 Sec. 7. JBe it further enacted, That the acceptance of 
 Acceptance of this act of incorporation, by the Bibb County Iron 
 
 charter Bhall vest y-, iii.^- • ^ ^ -^ 
 
 Company, shall vest in said company, under its new 
 name and character, all the powers and privileges, and 
 
123 1862, 
 
 rijxlits of property, and claims of every kiiul, nmvTield, 
 owned, or employed by said Bibb County Iron Coni- 
 pany ; and subject it in like manner to all the duties, 
 obliiJ^ations, contracts and liabilities of every kind, now 
 restins^ upon said Bibb County Iron Company, and said 
 acceptance may be lawfully sii^nified by a resolution of 
 the board of directors, entered on their minutes. 
 Approved November 19, 1862. 
 
 No. 111.] AN ACT 
 
 To incorporate Ilale & Murdock's Iron Company, of 
 Fayette county, Alabama. 
 
 Sec. 1. Be it enacted hy the Senate and Eotuse of Bcjjre- 
 sentatives of the State of Alabama in General Asmmlly 
 convened, That Harrison Hale, Abraham Murdock a n d incorporator*. 
 Samuel W^olff, and their associates or assigi>s, be and 
 they are hereby created a body ]iolitic and corporate, 
 utider the corporate name of Hale and Murdock's Iron Name. 
 Company, and by that name may sue and be sued, plead 
 and be impleaded in any ccmrt of law or equity. 
 
 Sec. 2. Be it further enacted, That the capital stock Capital stock. 
 of said corporation shall not exceiM five hundred thou- 
 sand dollars, divided into shares of seventy-five d(>llar3 
 each. 
 
 Sec. 3. Be it further enacted, That said company shalP''""'"""'**'"'" 
 be, and they are hereby authorized to manufacture iron 
 from the ore, to refine the same, or to make generally 
 any or all kinds of iron or iron wares. 
 
 Si;c. 4. Be itfarlhrr cua-^tcd. That said company shall A'toBy-'*"'- 
 be authorized to m:ike all needhil by-laws f«)r the man- 
 agement of its business, property or effects, and the 
 transfer of its stock, as in the judgment of said com- 
 pany may seem best : Pron'ded, tlie same are not incon- 
 sistent with the laws of this state, or the Confederate 
 States. 
 
 ,Si.;c. .5. Be it further enacted, That said company shall ^"° ''*"*''*•• 
 be authorized to purchase, liold and enjoy stu-h an 
 am<»unt of real estate as to them shall seem for their 
 interest, not exceeding ten thousand acres. 
 
 Si.c. 6. Be it furthir cimctcd. That whereas, the said 
 comi»any has erected in the county of Fayette in this 
 
1862. 124 
 
 state, and on section 20, township 15, rano;e 15, west, a 
 blast furnace, that it shall not be lawful for any perrfon 
 or persons to sell spirituous or vinous liquors within a 
 distance of five miles from sai<l furnace, in less quanti- 
 ties than five gallons, and that any person or persons 
 so offending shall, upou conviction, be lial)le to the pen- 
 alties now or hereafter provided for retailing liquors 
 without license. 
 
 Approved November 8, 1862. 
 
 No. 112.] AN ACT 
 
 To amend the charter of the Shelby County Iron Man- 
 ufacturing Company. 
 
 Sec, 1. Be it enacted by the Senate and House of liep- 
 resentativef) of the State of Alabama in General Assembly 
 coiivevcd. That the act entitled "an act to incorporate 
 the Shelby. county iron manufacturing company," ap- 
 proved Felirnary 4th, 1858, be and the same is hereby 
 amended as hereinafter enacted. 
 
 SiiC. 2. Be it farther enacted, That the name and style 
 
 Name changed. Qf g^jd comi)any be, and the same is hereby changed, 
 
 so as to be called and styled "the Shelby Iron Compa 
 
 ny," and that ,the persons now acting as corporators 
 
 under said act, to-wit : Horace Ware, of Shelby county, 
 
 and liis associates, to-wit: John M. McOlanahan, John 
 
 E.. Kenan, Henry H. Ware, Andrew T. Jones, John W. 
 
 Lapsley, and Jatnes W. Lapsley, and their associates, 
 
 Present parties ^^''*-'^'^^*''^'''^ ^'^'^ assigus, are hereby recognized and de- 
 
 a lawful incor- elared to be a lawful incorooration, under the name and 
 
 poration, . , „ , r> . ■ . t a>, >. i i 
 
 style of the "Shelby Iron Company, and as sucli are 
 declared, with all the rights, powers and privilfges 
 granted in and b}^ the act aforesaid, and this amenda- 
 tory act. 
 
 Skc. 3, Be it further enacted, That said company shall 
 
 May elect board i .1 • \ ^ ' 1 it 1 4.- . , „« 
 
 of Directors. havc tlic right, lu sucIi manner and at such time or 
 times as they may deem proper, to elect out of their 
 number aboard of directoi'S, to consist of such number 
 as the company may prescribe, to be increa-'ed ^ir di- 
 wijat the board 1^1 ill is hed at the pleasure of the company. Said board, 
 maydo, wlicu elcctcd, shall have the right to elect one of their 
 
 number president of the board and of the company, 
 
125 1863. 
 
 the Torm or whose office will be commensurafe with 
 that of the dirocf-ors electing him. Said bmii'd (sulject 
 always to the control of the company, acting in meet- 
 ing,) shall have the supervision and management of the 
 business and affairs of the company, with power to elect 
 or appoint all officers of the company, in addition to 
 the presidenl, and to define and prescribe their qualiti- 
 cations and duties, and to make, and alter at pleasure, 
 all rules, regulations a.nd by-laws deemed proper and 
 needful, not inconsistent with the constitution and laws 
 of this state or of the Confederate States. 
 
 Skc. 4. Be it fnriha- en/ided, That each member of as to voungaad 
 the corporation shall, at all meetings of the stockhold- ^i""''"™- 
 ers, be entitled to one vote for every share of stock 
 owned ; and to constitute a meeting of the stoekiiold- 
 crs f>)r the transaction of business, a majority ot the 
 stock of the company shall be represented l)y the stock- 
 holders in person, or by proxy duly appointed in wri- 
 ting ; the company, thus acting, shall have power to 
 admit new members on such terms and conditions as 
 maybe prescribe<l, and to increase the amount of slock p^oYijo a, to 
 as may be desirable: Frocided, the same shall not ex- capuai stock. 
 ceed two millions dollars. 
 
 Approved November 20, 1862. 
 
 No. 113.] AN ACT 
 
 To incorporate the Mobile and Three Mile Creek Plank 
 Uoad Company. 
 
 Sec. 1. Be it enacted t>y the Senate and House of Reprc- 
 B^ntalivcs of (he Slate of Alabama in General Assembly 
 conccncil. That William F. Cleveland, Jatnes Mealier, incorporaiore. 
 John Morgan Brown, Trice Williams, John F. liawles, 
 and their associates, be and they are hereby created a 
 body corporate, by the name and style of the Mobile Name. 
 and Three Mile Creek Plank Hoad Company, and bv 
 that name may sue and be sued, and have, hold and 
 own in their corporate name, property not to exceed in 1^?!),'" '°'^'" 
 value over the sum of twenty thousand dollars. 
 
 Src. 2. Be it farther enacted, That said company be, 
 ajid tho.y are hereby authorised to grade and jdank thepowwi. 
 road leading from Mobile, in the city and county of 
 
1862. 126 
 
 Mobile, Alabamfi, in a northerly direction, known as 
 the telegraph road, which said plank road shall oom- 
 meno<3 on the north side of one mile creek, (or bayou 
 MarnuU,) thence along said telegraphic road through 
 the swamp, northwardly, to the south side of three mile 
 creek; said road to he graded and planked twenty feet 
 Avide, with good heart plank, at least three inches thick. 
 And said company ai'e to keej) said road in thorough 
 repair at all times tor public travel, for which they are 
 hereby authorised to charge and collect a reasonable 
 toll ; that if said company shall allow said road to get 
 out of repair, or so as to be dangerous to travel for 
 thirty days at any time, this charter may be declared 
 forfeited, by the grand jury of said county. 
 
 8ec. 3. Be it farther enacted^ That said company be, 
 
 ^'^^°'" ^'"'"■•and they are hereby authorised to straiten said road, if 
 
 need be, also to take dirt from the adjacent lands to 
 
 grade and perfect said road for reception of planking. 
 
 Skc. 4. Be it further enacted^ That said corporation 
 
 Ma-open books, i^jjp^gj ^,^ ^\^\^ charter be, and they are hereby author- 
 ised to open books for stock in said road, and that the 
 shares shall be one hundred dollars each, and each party 
 subscribing shall at the same time pay down in cash the 
 
 B-«iiat!on ^"'^^ often dollars per share upon the same; that when 
 a suthcient amount of stock has been subscribed, as in 
 the opinion of said corporators shall be sufficient to 
 build the same, they shall call a meeting of stockludd- 
 ers, and elect three of their number as a board of di- 
 rectors, one of whom may be chosen by said board to 
 act as president ; they shall hold elections annually, and 
 make reports of the condition of the monetary affairs 
 of the road. "JMie board elected shall hold office until 
 their successors are duly elected. Said board shall have 
 power to pass all by-laws, rules and regulations for said 
 ccH'poration, which they may think necessary, and elect 
 or apjioint all such agents as they may need, so that 
 nothing is done to conilict with the state or Confederate 
 laws. 
 
 Sec. 5, Be it further enacted, That if any person shall 
 
 r(jn.iuyfo-dam-^vilfQ]|y Q,. intentionally damage or obstruct said toll 
 
 aging or obstiuc- "^ , .J • ^ ^ 3 
 
 Mng. gate, or house, belonging to said road and companj' road, 
 
 they shall be subject to fine and impi'isonment, at the 
 discretion of the jury trying the same; also that any 
 person, who shall wilfully and intentioi.ally travel said 
 road, and fail or refuse to pay the toll charged upon the 
 
127 1862. 
 
 eame, every such person shall be liable to five dollars 
 damages, on a summons to appear belore any justice of 
 the peace, who may try said case and award said danj- 
 ao^es, for the use of said company, and the cost of said 
 suit. 
 
 Si:c. 6. Be it farther enacted, That said company are ^v borrow mo- 
 hereby authorised to borrow money, upon tlie taith of"**^' 
 said road, and may morri!:age the same therefor ; that 
 any promissory' note or bill of exchange made by tho 
 treasurer of the board and countersigned by the secre- 
 tary, as such, in their olhcial character, when sued upon 
 and judgment had, shall create a lien upon said road, 
 for which the same may be sold if said deht is not paid. 
 
 Sec. 7. Beit further enacted, Tliat said road is hereby *^"y pnrchaM* 
 
 ,1.1, 1 , ■, , ,. ,.'' > ores at each 
 
 authorised to procure, by purchase or by valuation of a end. 
 jury of seven disinterested persons, at least two acres of 
 land at each end of said road, for the erection of toll 
 houses, gates, toll gatherers' residence, and may build 
 suitable honses for the same. 
 
 Sec. 8. Be it farther enacted, That the stockholders LUMruof 
 shall only be liable for the amount of stock each one*'°'=''^°^"'"''- 
 may subscribe, and the board of directors shall make 
 all rules necessary for transfer of stock; but no stock- 
 holder shall be authorised to dispose of his stock whilst 
 indebted to the company. 
 
 Sec. 9. Be it farther enacted. That at any annual "oardraarre- 
 
 .• .1 t i' 1 1 I /• /> • ,. auire bonds. 
 
 meeting the stocklioldcrs may require ot any ot its of- 
 ficers, or the board of directors may also require of any 
 of its ofiicers, bonds, with security-, for the faithful per- 
 formance of their duties in otlice, and in the event of a 
 failur'^ or forfeiture, may be sued and recovered upon. 
 
 Sec. 10. Be itfarijier enaeied, That said company must "n'JeaT"''" 
 build and complete waid rt^ad within two years from the 
 approval of this bill, or this charter shall be null and 
 void. 
 
 Apj. roved November 7, 18G2. 
 
 No. 111.] AN ACT 
 
 ■^^ 'Mcorporate the Chewackla Lime Company. 
 
 tJ.c. 1. Be it marled hi/ the Senate and House of Bep- 
 resentaiives of tJie Slate of Alabama in General Asstmbly 
 
1862. 128 
 
 incorpoiaforeK cciiveved, Thiit Cliai'les T. Pollard, Samuel G. Jone?, and 
 William C. Yonge, their associates, ami such other per- 
 sons as may hereafter be associated with them, and their 
 successors be and they are lierehy constituted a body 
 corporate, in fact and iu name^ under the style of the 
 Chewackla Lime Company', and by that name shall be 
 and are hereby made able and capable in law to have, 
 purchase, receive, possess and enjoy, aiid realize to them 
 and their successors, lands, rights, tenements, heredita- 
 ments, goods, chattels and eti'ects, in any amount the 
 body corporate may deem, necessary to carryall the ob- 
 
 rowere, jects of said corporation into full force and efi'ect ; 
 
 which objects are to mine lime rock and manufacture 
 the same, and to keep up and lun such machinery as 
 may be necessary to 'saw lumber and make barrels for 
 the packing of said lime, and the. same to sell, devise, 
 grant, alien and dispose of, to sue and be sued, to plead 
 and be impleaded, to answer and be answered, dv^'end ■ 
 and be defended in all courts having jurisdiction, to 
 make, use and have a common seal, and the same to 
 break, alter and renew at pleasure. 
 
 Sec. 2. Be it further enacted. That said body corpor- 
 
 BttmbcrSSs^^^ ®''''^' ^^^^® ^^'^ privilege of prescribing the amount 
 of capital stock of said company, and the number of 
 shares into which it shall be divided, the mode in which 
 it shall be taken, paid, transferred or assigned, and also 
 to provide the mode by which stockholders may vote; 
 to authorise, establij^h and j)Ut into execution such by- 
 laws, ordinances and regulations as ^'hey may deem. ne- 
 cessary and expedient for the government of said cor- 
 E oration, not being inconsistent with the laws of Ala- 
 ama or of the Confederate States of America, and in 
 general to do and execute all and singular the acts, 
 matters and things which may be necessary to make 
 
 Proviso. lime and sell the same: Provided, that nothing contained 
 
 in this act shall be so construed as to authorise said 
 company to do anything like banking. 
 Approved December 0, 1862. 
 
^ 129 1862. 
 
 No. 115.1 ' ' ^^^' AK ACT ^mjmmmci. 
 
 To incorporate the Southern Express Company. 
 
 Sec. 1. Bz it enacted by the Senate and House of Hepre- 
 sentatkes of the State of Aaibama in General Assembb/ 
 convened, That C. M. Furnian, C. V. ChaniberhTin, S. 
 C. J. A. Ilartnan, B. F. Fickliii, Va.; F. W. Dillard/"^"^'^'"""''- 
 John E. Bacon, Ga.; Thomas II. Watts, Geor<i^o W. 
 Campbell, James R. Powell and JS". J. Scott, Ala., and 
 their associates, successors and assigns, be, and they are 
 liereby declared, to be a body corporate and politic, by 
 the name ot the Southern Express Company, tor the Name, 
 purpose of an express transportation business, and by 
 that name may cojitract and be contracted with, sue 
 and be sued, plead and be impleaded, in any court of 
 law and equity whatsoever, and may make and have, 
 and use a common seal, to be changed at pleasure. 
 
 SiiC. 2. Be it further enacted, The capital stock of Capital stock, 
 snid company shall he five hundred tlunisatid dollars, 
 and shall be divided into shares of one hundred dollars 
 ^ch, and in case the said capital stock be found insufii- 
 cient for its purposes, such company may increase its May be increased 
 capital stock, from time to time, to such amount as may 
 be deemed ncces.sary, for the purpose aforesaid, tiot ex- 
 ceeding one million of dollars; such increase must be 
 sanctioned by a vote, in person, or b}' pro.vy, of two- 
 thirds in amount of stock of the company present, or 
 represented, at a meeting of such stockholders. 
 
 Sec. 8. Be if further enacted, The said company may wuemo eom- 
 commence business as soon as its capital stock is f\,|iy ""encobusmese. 
 Bubscrilied, and tifty thousand dollars of the same paid 
 up; and on such subscriptions being ma<ie, any iive 
 subscribers to said stock may call a general meeting of ^ 
 the stockholders of the said company, by serving a no-ei?.^'" '""^*"" 
 tice, signed by them, of the time and pUice oi such 
 meeting, twenty days at least before the time of hold- 
 ing the same, on each stockholder, personally, or l»y 
 leaving it at his residence, or b}' plotting the same in 
 the post office at Charleston, S. C, <ii reeled to him at 
 Ijis usual, or reported, place of residence, and paying 
 the postage thereon : Prori fed, however, Tliat any other 
 mode or time of calling said meetitig shall be lawful, 
 if two-thirds of the stoukhohlers consent thereto in 
 writing, or are represented thereatj at the meeting con- 
 9 
 
1862. 
 
 130 
 
 ■umber of dl 
 leciura. 
 
 OfBccra. 
 
 Bow, in case of 
 
 vened as jiforosaid, the said cornpniiy sliiill elect, by a 
 mjijority of votes tlieii pret^ent or re|)resented, not !eS3 
 th:iii live, nor more than nine ])ersoiir^, l)i'ing stockliolil- 
 ers of the said company, to jiet as direel(»rs of tlie said 
 C()ri)()ration, who shall repvi'sent the f^aid oomj)any, and 
 manage the business tiiereof: vaeam-iesin the hoard of 
 directors shall he filled in such miinneras shall be pre- 
 scribed by the by-laws of the cor] orilion. 
 
 t>EC, 4/ Be it further enacted, At the iirst meetino;of 
 the said board of directors, after their election, they 
 shall elect <»ne of their number as president of thesahl 
 corpoi'ation, and may elect a vice-president, ami such 
 other otKcers as they may deem advisable; the direc- 
 tors of this company shall iiold tlieir otric^s for one 
 year, and until their successcu's are elected. 
 
 8iic. 5, Be it fiii titer enacted, In case it shall at any 
 failure to ouct.' time happen that an election ot directors be not made 
 at the time desi<i:uated, or on the (lays when, by the by- 
 laws of said ciiiupany, it oUii:ht to be done, it shall and 
 may be lawful to hold the same on any other day desig- 
 nated by said ciunpany, and in case any annual meeting 
 ot stockholders shall not be held, by reason of neglect 
 of the directors, it shall be in the power of any stock- 
 ))olders, holding one hundred shares of the capital 
 stock, to cidl such njeeting, tor the pur])Ose of electing 
 directors and other purposes, by giving the notice here- 
 inafter [trescribed, and t'<>v that purpose they shall have 
 access to tlje stock list, and transfer books of said com- 
 l>any,"and all information necessary to the giving such 
 notice. 
 
 Sec. G. J3e it further erionted, That the directors of 
 such company shall have power to make and ])reseribc 
 fiuch by-laws and regulations as they shall deem [proper, 
 resj^)ecting the management and di.-[)ositiou of the j>ro- 
 pei-ty and estate ot such ctmipany, the duties of the 
 officers, agents, artificers and servants by them to be 
 eiuployod ; to appoint such and so many ofHcers, clerks 
 and servants, for carrying on the business of said com- 
 pany, and with such salaiy or wages as to them shall 
 seem rQHsav.nhlo: Provided, howevtr. That such by-laws 
 be not inconsistent with any existing law of the State 
 or Confederate governn)cnt. 
 
 Sec. 7. Be it .further enacted. The said company shall 
 have power to do an express traus[)ortation business, 
 by land or by water, for the carrying of goods, wares, 
 
 ftnvem 
 
 I'roviBO 
 
 Fowors aa to ex- 
 
131 18G2. 
 
 _ anil moivliatulise of all kiixU, sold and silver coin, i>aiik 
 jipaott's, and i>;cnei\iliy all snuh other descriptions of coii- 
 Veyan»c of property ns may Ue required or advisable, 
 from, to and between any place in the C«)nfederato 
 States, by their own conveyance, or tliose of other per- 
 sons; ;iiid to create atid orijanize branch ai;encies for 
 the sMiiie purpose, and to hire, establish and maintain 
 storehouses, warehotises, and other biiildin;^s, and to 
 purchase lands to bnild thereon such storehouses, ware- 
 houses, and other buildings, as m;iy be required forthe 
 safe kccpiiii:!^ of itny thing intrnste<l to them for coii- 
 vcy:inic; and shall have [)ower to indemnify themselves 
 by insur-.rni-e against loss or damage by tire, or the risk 
 of naviijjatimi in the transportation of any goods, wares, 
 merchandise, or other property in their custody, received 
 by them for transportation, or held by tli^m as their 
 property: Prodded, That this aet shall not be so con- '''■'**'''^ 
 strued as to give said Stinthern Ex[)rcss ('ompany any 
 right iir antiiority to buihl, purchase, oocup^y or estab- 
 lish any lai! road or steansljoat line, excei)t to be em- 
 ployed between any port in the kSouthern Confederacy 
 anil foreign ports, or other like means of transportation ; 
 nor shall the same be so construed as to recpiire any 
 rail road or steamboat line, established in part or in 
 whole, within the limits of the Confederate States, to 
 do or perform transpor'ation service, as herein contem- 
 plated, for or on account of the said Southern E\[)red3 
 Company. 
 
 Si;c. }s. DcilfuHher cuac/al. The principal office of Priaoip!ii.«tf«a. 
 Raid conjpany shall be kept at Charleston, S. C, unless 
 the same l)e changed by a vote of two-thirds of the di- 
 rcctiirs, at a meeting called for tlnit purjtosef to any 
 other place in the State, and the said company may es- 
 tablish as tnany branch, or local, offices as their business 
 may require. 
 
 8cc. H. Be ii fiirlhcr enacted^ The regular meeting of 
 the boanl of d. rectors of said company shall be held atmleungl^' 
 the principal ofKce of said conipany, oi at such other 
 place in the State as the by-laws or board of directors 
 »nay desijfnatc, but said company may hold special 
 meetings of its directors, for the transaction of l)usi- 
 ness, !it any place which the by-laws of sai I company 
 may designate, or which the majority of the <]irectors, 
 with the approval of the president, may appoint. 
 
 Siic. 10. Be it farther enacted^ If the said company 
 
1862. 182 
 
 May sell un- shall have bad unclaimed freight or baggage, not per- 
 claimed freight. ^^),jj])](.^ }„ jls possessioH foi' the pcriodVf at least one 
 
 year, it may proceed to sell the same at public auction, 
 after giving notice to that effect in one or more news- 
 papers, published in the State, or at the place where 
 such goods are to be sold, once a week for not less than 
 four weeks, and shall also keep a notice of such sale 
 posted for the same time in a cons})icuous place in the 
 principal office of the said company; said notice shall 
 contain, as near as practicable, a description of such 
 freight or baggage, the place and time, wlien and where, 
 left, together with the name and residence of the owner 
 of the freight or baggage, or person to whom it is con- 
 signed, if the same be known, 
 „. ... , Sec 11. Be it furthtr enacted. All moneys arising 
 euciisiies. Jrom the salcot ireignt or baggage, as atoresaul, aiter 
 deducting therefrom chargesand expensesfor the trans- 
 portation, storage, advertising, commissions for selling 
 the property, and any amount previously paid for ad- 
 vances on such freight and baggage, shall be paid by 
 the company to the persons entitled to receive the same, 
 Books of record fi^fl the .Said compauy shall keep books of record of all 
 of such articles. gQch' sales as aforesaid, containing copies of such no- 
 tices, proof of advertisements and posting, affidavit of 
 sale, with the amount for which each parcel was sold, 
 the total amount of charges against such parcel, and 
 the amount held in trust for the owner, whicli books 
 shall be opened for inspection by claimants at the[irin- 
 cipal office of the said company, and at the office where 
 the sale was made. 
 Liability of ^^^' ^^' ^^ ^' furthcT cvociecl, Thc stockholders in 
 stockholders, the Said compauy shall be personally responsible for the 
 amount equal to the amount of stock, held by each, for 
 any loss of, or damage on, goods, moneys, or other pro- 
 perty entrusted to the said company for transportation, 
 and for any contract made, or liability incurred by 
 them. 
 What jiecessarv Sec. 18. Be U furthcT cimcied, That no rights of f ran- 
 before going into (.^j^gg coiifcrrcd by this act, sliall invest until the mini- 
 mum amount of capital is subscribed, and riity trions- 
 and dollars actually paid, of which fact it shall be the 
 duty of the company to inform the governor, in the 
 same manner that the officers of a bank about to be 
 put into operation are required to do, and when said 
 company shall be organized and ready to go into o| er 
 
_^ . 133 1862. 
 
 tion, it shall be the duty of the presiding officer, and 
 treasurer, to make a statement, upon oath, to the comp- 
 troller, of the amount of capital paid in, and to make 
 a like statement every six months thereafter, with an 
 additional statement of their profits, and gross receipts, 
 and for failing to make such report, they shall forfeit 
 and pay into the public treasury one thousand dollars 
 for each failure, to be recovered b}' motion after ten 
 days' notice. 
 
 Sec. 14. Be it further enacted^ This act sliall bo sub- 
 ject to moditication and repeal at the pleasure of the 
 general assembly. 
 
 Sec. 15. Be it further enacted^ Any action at law, or as to suit.. 
 suit in equity, against the said company, may be C(mii- 
 nicnced by any person residing in this State, by per- 
 ^ Bonal service of process on the local agent or officer of 
 said company, in charge of its affiiirs in the district in 
 which Kuch person considering himself aggrieved may 
 reside, or in any district through which the line of 
 transportation of said conjpany may pass, it there shall 
 be no local a<rent or officer in the district in which the 
 person commencing such suit may reside: Provided, ^^°^''»"' 
 Tiiat nothing herein contained shall be construed to 
 prevei.t the commencement of any suit in equity, or 
 action at law, in the manner heretofore provided by 
 law: Provided, That this charter, or any of the privi-Nottohewid or 
 
 1 ..\ ■ ^1111 ii iii 1-1 transferred. 
 
 leges tlierein granted, siiall not be son!, transferred, or 
 merged in any otlier express company, under tlie pen- 
 alty of forfeiture thereof, and that this charter shall 
 expire after thirty years from the passage of this act. 
 Aj>proved December 4, I'^G'i. 
 
 No. IIG.] AN ACT 
 
 To incorporate the Mobile and South-Western llailroatl 
 Company. 
 
 Skc. 1, Be it rnnrtcd Jnj the Senate nnd House of Bepre- 
 acnfa/ivcs of the State of Al<d}ama in (it'neral Af^semhft/ 
 conrrned. That John A". .\l. Battle, F. D. Clarke, Lewi's '"'■^'^'">"^•'•• 
 Fro-st, .Fohn Scott, C. C. Langdon, J. M. Withers, and 
 C. K. Foote, with such other persons as shall associate 
 with them for that [mrpose, are constituted a body i»o- 
 
1862. 134 
 
 litic niul corporate by tli.e name of tlie Mobile ;ind 
 nmo*. South- Western Railroid Company, iind by timt name 
 
 to puc and he sued, ple.ul and be imi)!eiided ; to make 
 and have a common scid, and the same to break, alter 
 and i-enew at pleasuixv; and this comi):iny is hereby 
 vested with all the privile^ces, powers and immnnities 
 which are or may be necessary to carry into ettVct the 
 purposes and objects or this act. 
 
 Sec. 2. Be it further enacted. That said comnanv is 
 hereby authorizi^d and empowered to survey, locate, 
 construct, complete, alter, maint.iin and oi)erate a rail- 
 road, with one or more tracks or lines of rails, fiom the 
 ciry of Mobile to the dividing line between the states 
 of Alabama and Mississijipi, in a southwesterly direc-, 
 tion, towards the city of New Orleans, and a Inanrh of 
 said railroad with one or more tracks to deep water in 
 the bay of Mobde, on such routes as may l)e deemed 
 most expedient, and to traiisi)ort, take, carry [iroiierty 
 and persons on said railroad and branch i)y the [lower 
 and force of steam, oi' animals, or of any other mechan- 
 ical (jr other power, or any combination (»f them, which 
 said com[»anynniy choose to ap))ly ; and fcu' the pur- 
 pose of constructing said railroad and branch, the said 
 company is hereby authorized to lay out its road 
 throughout the length not exceeding one hundred feet 
 VMik. wide, and for the purposes of depots, machine shops, 
 
 wart houses, engine houses, water stations ami wood 
 sheds, and the buildings necessary for the business of 
 the road, cuttings, enibankments, and for the pur[)Ose 
 flJiwjtaaTortone of iieccssaiy tum-outs, and lor obtaining stone and 
 B«veuaudiand.^^,|..^^.^^l^ iiuiy take as much nnn-e land as 'nniy be neces- 
 sary for the coiistnietioii and security of said road and 
 branch, with the permission to make any lawlul con- 
 tract with ai.y other railroad corporation in relation to 
 'S]i!"K^c*oi.'.'* the business of said company; and also to make j<«int 
 1^^^ stoi'k with any other railroad corporations: Frocided, 
 
 that all the damages that may be occasioned to any per- 
 son i>\' corporation by the taking of any such land or 
 materials aforesaid, for the j)ur(iose aforesaid, shall be 
 paid for by said company in the manner htreinaltcr ju-o- 
 vided. 
 - .^. . ^ Sec. 3. J3c it farther enact(d, That the capital stock 
 
 Oiij>1tnt slock. „ . , 1111 • II • IK 1 • 1 
 
 or said company shall l)e one million dollars, wliicn 
 may be increased Ironi time to time to any sum not ex- 
 ceeding the entire amount ex[iended on account of said 
 
135 18G2. 
 
 road and hraMC!ii, to he divided into sliaro:^ of one 1inn-„., 
 drud (l<)lliii\s em-ii, wliicli sli;irGssli;ill bo dei'mo<l person- 
 al |)roi>c'rty, and tn:iy 1)0 transt'orred in sncli manner and 
 snch |d;icos as tliu by-laws of said company may direct : proviso. 
 
 P/'ovide-J, tU:\t said company mav commence tlic con- ...... ,„ 
 
 etrnction of said road with all the powers ami privileges mencf. 
 contained in this act, whenever the sum snl)serii)e<l to 
 the c ipital stock, shall exceed one hundred llionsand 
 dollars. 
 
 SiiC. 4, Be if farther enacted, That the hoard of di- Board u vcimw. 
 rectors of sai'l ci)m[)iny sliall have powerto reijnire the ''''• 
 piyment of smiM suh-scrib^'d by stockliolders, in sucii 
 manner and at such times as they may deem proper, 
 and on refusal or neglect on the part of stockholders, 
 oi' an3- of them, to make payment on the requisition of 
 the board of direct<»rs, the shares of such delincpients 
 may after thirty days' notice be sold at pul)lic auction, 
 under such rules as said board of directors may adopt, 
 the surplus moii-fy, if any remains after deducting the 
 payment <Jue, with the interest and the necessary costs 
 of sale, to bepai"! to such «lelin(juent stockholder. 
 
 SiiC. .5. Bii U fartlicr eaucicd^ That the persons iiamcd nook8fo'e<»p««- 
 in the first section of this act shall, without delay, cause "^'''''"°°- 
 books to be opened for subscriptions to said stock, in 
 Buch manner, and at sueh time and places as they shall 
 direct. 
 
 SiiC. 6. Be i( further eiifirfrd. That all the corporate Board of a irc«si- 
 prnvers of .said com[»any shall be vested in Mn<l exer-"""^*^' 
 cised by a board of din-ctors, and such ofKcers 
 and agents as they shall ap|toint; the board of direc- 
 tors shall consist of eight stockholders, who shall be 
 chosen each year iiy the stockhohlers of said com[>aiiy ; 
 a majority of the directors shall be a quorum for the 
 transaction of business ; they shall annually elect one 
 of their numi)er to be jtresidentof the board, who shall officers, 
 also be president of said company; they shall also an- 
 nually elect one of their number to be vice president 
 of the boani, who will art as president whenever le- 
 quire(J ; they shall als(> annually cho«)se a secretary, and 
 8ucli other officers as they may deem necessary, and a 
 treasurer, who shall give bond with security to said 
 Company in such sums as the directors may require for 
 the faithful <liseharge <if Irs trust. 
 
 tSiiC. 7. Be il furl/icr enarltfl, That the persons nnnied 
 in the first section of this act, or a n)ajority of them, 
 
1862. 136 
 
 arc liereby aiithorizecl, after tho books of subscription 
 to the capital stock of said company are closed, or when 
 the sum subscribed shall exceed one hundred thousand 
 First meeting, dollars, to Call the first meeting of the stockholders of 
 said company in such way, and at such time and place, 
 as they may appoint for the choice of directors of said 
 company, and in all meetings of the stockholders of 
 Asto votes. said company, each share shall entitle the holder to one 
 vote, which vote may be given by said stockholder in 
 person, or by lawful proxy, and the annual meeting of 
 the stockholders of said company- for the choice of di- 
 rectors, shall be holden at such time and place, and up- 
 on such notice, as said company may in their by-laws 
 provide. 
 In case of fail- Sec. 8. Be U further enacted, That in case it shnll so 
 ^M°efeaion"to^^^PP6" ^^^^^ an elcctiou of directors shall not be made 
 beheld. o,, the day appointed by the by-laws of said corpora- 
 
 tion, said company for that cause shall not be deemed 
 to be dissolved, but snch election may be holden on any 
 subsequent day which the then existing directory may 
 Tenuieof office, yjipoiiit ; thc dircctors el'ccted are to continue in office 
 until their successors are elected and qualified ; vacan- 
 cies in the board shall be tilled by a vote of two-thirds 
 of the directors remaining, such appointees to continue 
 in office until the next annual regular election of direc- 
 tors. 
 Astobj-iawB, Sec. 9. Be it further evacted. That the directors shall 
 *<=* have full power to make and prescribe such by-laws, 
 
 rules and regulations as they shall deem needful and 
 proper touching the disposition and management of the 
 stock, pro})erty, estates and effects ot said company, not 
 contrary to this charter or the Imws of this State, or of 
 the Confederate States, the transfer of shares, the du- 
 ties and conduct of their officers and servants; touch- 
 ing the meeting of directors, and all matters whatso- 
 ever which may appertain to the concerns of said cora- 
 T»any: pai<l (.•onipanv is also hereby authorized to pur- 
 
 A» to real cs- ' , -^ ' , , , , ' V . ^ i A 
 
 tBte.&c. chase and hold such estate as may ne necessary anfl 
 
 convenient in accomplishing the object for which this 
 incorporation is granted, and may by their agents, sur- 
 veyors, engineer and servants, enter upon all lands and 
 tenements through which they may deem it necessa:y 
 to make said road and branch, or upon which it may ue 
 necessary to create depots, warehouses, machine shops, 
 wharves, engine houses, water stations, wood sheds. 
 
137 
 
 1862. 
 
 platforms, and otlier requisite buildings and strnctnrc'!, 
 for the business of tlie road and braneli, and upon lands 
 tiuit may be necessary for cuttings and embankments, 
 for necessary turnouts and stations, and for stone, grav- 
 el work and timber, and to survey, lay out atid con- 
 struct the same, and toairree and contract for said lands 
 to be used as aforesaid with the owners tliereof in case 
 the said lands belong to the estate of any deceased per-^'l^^d'i'T''* 
 son, then with the executor or administrator of sucli in 
 case of the same belonging to a minor, or a person non 
 compos mentis, then with his or her guardian or guar- 
 dians, or in case said lands be held by trustees of school 
 sections or other trustees of estates, then with such 
 trustees and the said executors, administrators, guar- 
 dians or trustees, are hereby declared competent for 
 such estate or minor, to contract with said company for 
 the right to use, occupy and possess the lands of such 
 estates, juinors or trustees t«) be used as aforesaid, and 
 tiie act and deed of such executors, administrators, 
 guardians or trustees in relation thereto, shall pass the 
 tiilcin said land in the same manner as if the said deed 
 or act was made or done by a legal owner of full age ; 
 and such executor, administrator, guardian or trustee 
 shall account to those interested upon their respective 
 bon<ls for the amount ])aid him in pursuance of such 
 agreement and coni]iosition, and if the said comjiany 
 and j)arties rejirescnting lands prefer, they may refer 
 the question of arbitration to arbitrators UJUtually cho- 
 sen, whose award orthatof their umpire, in caseof dis- 
 agreement, shall vest title according to its terms. 
 
 SiiC. 10. Be it farther enacted, That if the sai<l com- Prosednre, if no 
 pany cannot agree with the owner of the land, which owner? 
 they desire to use as aforesaid, or with the executor, ad- 
 ministrator, guardian or trustee, it shall and may bo 
 lawful for the (derk of the circuit court of the county 
 in which said land lies, on application of said cotn|iany 
 or its a<r<'nts, and he is required to issue a writ (»f ad 
 quod, damnum, commanding the sheriff that without 
 delay he cause a jury of !^ix good and lawful men to bo 
 U[)oi, said land on a <lay to be by said slierift tixed and 
 appointed, and whereof it shall be his duty to give no- 
 tice to the owner, executor, administrator, guardian or 
 trustee, at least five <lays before such day^ if they bo 
 within his county, or if not, or if the owner or owners 
 be unknown, the notice shall be given by advertise- 
 
 1 
 
 aureoment with 
 
18G2. 138 
 
 inenf, 1o be by siiid sliei'id posted and fixed on 
 the dwelliii'jf house, if such there he, or in a puhlie of 
 coiispieiious phice, at lua^^t live diiys before such ;ip- 
 pointed day, and also by advertising the same in some 
 newspaper published nearest to the land, at least three 
 weeks by weekly insertions prior to said (biy, and then 
 cause said jury after being duly sworn by said sheriff 
 ov justice of the peace to make ti'ue inquest of the 
 damages that will be sustained by smdi owner or estatD 
 by reason of making such road or branch through such 
 land ; if any juror shall fail to appear, or by reason of 
 challenge for, cause or otherwise fail to sit on suclj in- 
 quest, the said sheriff sha'l fill said jury from the by- 
 standers, and if they fail to render a verdict, the said 
 sheriti"" shall on tiie same day o»" subsequent day enipan- 
 nell a new jury or persons until a verdict be had, such 
 verdict or inqu(;st I'egularly certitied by suith sln-ritf 
 shall be returned to the oifice of tlu' clerk of the circuit 
 court of the county in which said land may be, and there 
 remain among the re(,'ords; and such verdict shall vest 
 in sai<l company tlie right to occu[)y and use said laiuJ 
 for I he purposes of said radroad and branch on the pay- 
 ment or tender of i>ayment of the damage then assess- 
 ed against such iM)mpany, and in case of [lersons absent 
 or unknown as aforesaid, the placing of the amount, of 
 damaijf 'S to the cr.;(lir of the owner in tiie hands of the 
 judge of probate of the county in which such lands lie, 
 shall be deemed and taken as payment, and such judges 
 shall he liable on their bonds to make due payment of 
 said money on demand. 
 
 Sec. 11. Be it fii'iher enacied, That it shall be the 
 duty of the sheriff to appoint and hold said inquest 
 within ten da^-s after the recei[)t of said writ ad quod 
 damnum, except in case of absence as aforesaid, in wliicli 
 case thirty days shall be allowed him, and five days ad- 
 ditional are allowed him for every additi'mal jnry which 
 he may have under said writ; and for evei'y default 
 tljerein, that said sherifi: shall be fined by the circuit 
 court, at the instance ot either party, not less than 
 twenty or more than one hundred dollars, and eveiy 
 juror and witness so summoned, unless excused by the 
 circuit court, shall be fined not more than ten dollars 
 for non-attendance, and all such fines, as well a^* costs, 
 the circuit court of the county shall have jurisdiction ; 
 there shall be allowed the followingfees to the clerk of 
 
 Dnty of theriff. 
 
the circuit court : fn' every writ of a(Z Q'lod damnum, ^^^^.^''^^'^l'^^^'^ 
 seveiiry-tivo cents ; for rcc'lvin:^ jiinl liliiiu; iiKjuest, scv- 
 eiity-tiveceiits ; totlie slioritt for ^iviiii;- ii<»ti«-e, sevoiity- 
 five cents, besides i)rinter'.s fees, not exceedini;; two dol- 
 lars; in each case for Iioldinu; inquest, live didlars, and 
 euninioning witnesses, twenty-tive cents each ; to jurors 
 seventy-live cents each per diem, which are nut aHowed 
 until a verdict be returned and filed, and shall be ttxed 
 in the bill of costs and paid by the company : Proci'lcd, Provisc. 
 howrc<'i\ that before applic;ition for said writ the said 
 company may make a tendei' to the owner or owners of 
 any sucli lands a sum of money by the n (b-emcd equiv- 
 alent to the damage to be sustained, and upon I'efusal 
 to accept the sum tendered, and a verdict for the sanve 
 amount, or less sum, the costs shall be taxed to and 
 pai<i bv the owners of the land on which the inquest is 
 held. ^ 
 
 SiiC. 12. r.e it farther enacted , That either party may Astoappe-u 
 a[)peal to the next circuit court within thirty d;tys after 
 the assessment, by application to the clerk of said court, 
 and ijiving security for the prosecution of sueh appt'al, 
 and in case the same is tid-cen by the corporatitm f.)r the 
 jnd>::ment whieh may be rendered agiiinst it on ajtpeal. 
 
 fcJKC. ID. Be it further eitactcd, That the trial of Mich .^., , , 
 appeal sliall be ae nov}, and it the corporation is the 
 appellant and the damages assessed is eqiiabto or great- 
 er than found (til the |trevious in(pie«t, the appellant 
 must j>ay the costs and the court nia\- auani (himages 
 not exceeding ten jier cent., if of o[tinion that the ap- 
 peal was taken merely for (Kday. 
 
 8i;c. 14. Be it further cmtcted. That in case tin- ap- 
 peal is not taken by the corporation, and the ap(iellant l^'f^cu'ion^'y 
 does not recover more damages than Wiis assessed to 
 liim in the previous inquest, judgment for costs must 
 be given against him; in su<:h appeals, when tli<' Judg- 
 ment is ag.iiust the apiiellant, exccuiioii im;i\' issue 
 against his seertrity. 
 
 Si:c. 1.). licit furtJier en<i<h'd, Timi i u'' oiHini hmi-, <>f operitiom or 
 
 •I'll • 1 ■ 1 coiiipanT not 1o 
 
 said railroad com[tany in surveying, locating and ctni- bo djayed. 
 structnig the roads, or otlnr work, t^h.ill in no wise be 
 dela3-e<l on account of the proecedings bad as iiloresaid. 
 
 SiiC. 1(J, Be it farther endcled, 'i hat whenever it shall rnwcr* u to 
 1)0 iifccessaiy tor the constnictioii ot iheir railrojui, 
 branches or waya, to intur<ii<:t or cross any stream or 
 \v.i' Mse, or any road or highway, it shall be lawful 
 
1862. liO 
 
 for said company to construct across or upon the same ; 
 but the said company shall re-establish said stream or 
 water course, road or highway, thus intersected, in such 
 a manner as not to prevent passage thereon, and in all 
 cases where any road or public highway is located, that 
 said railroad and branch cannot be judiciously laid out 
 and constructed across or upon the same without inter- 
 fering therewith, in such case or cases said corporation 
 may by their engineer cause such road or roads to be 
 changed or altered in such manner that said railroad 
 and branch may be made on the best site of ground for 
 that purpose: Prov'uled, said corporation shall put such 
 road in as good repair as at the time of changing or 
 altering the same. 
 
 Power as to tors. Sec. 17. Be it further enacted, That the directory 
 shall have full power to establish such rates of tolls for 
 the conveyance of persons and property upon the rail- 
 road and branch as they shall from time to. time deem 
 proper, and to levy and collect the same for the use ot 
 said oomjiany ; all matters and things respecting the 
 use of said railroads and branch, and the conve^-ance of 
 passengers and property, shall be in conformity to such 
 rules and regulations as said board of directors shall 
 from time to time determine. 
 
 vay cross nsvi- Sec. 18. Be U furtlw encictcd, That the said Mobile 
 
 gable waters. ^^^^^ iSout h-Westem Kailroad, and its branch, may cross 
 
 the navigable waters of the Bay of Mobile, at one or 
 
 more points, with bridi^es or any other description of 
 
 work. 
 
 Eight of way S^^c. 19. Be U fuvtlier enacted^ That in case the said 
 
 through public railroad and its branch should cross any of the lands 
 
 lands. 11. i I. . 1 > 1-1 n 
 
 belonging to the state or Alabama, the rigiit or way 
 through said lands, one hundred feet wide, is hereby 
 gi'anted tor said railroad and branch to said company 
 free of charge, and in case of cuttings and embank- 
 ments, gravel earth, warehouses, engine houses or oth- 
 er necessary buildings, and ot turn-out^, and as much 
 more land as is necessary, is hereby granted free of 
 chai"ge. 
 powerto issue Si:c. 20. Bc it furtJie''' enacted, 'X\\^t for the puri)ose of 
 bonds. raising funds, from time to time, for the construction 
 
 ior said rail road and its branch, and the purchase of 
 iron and other materials to be used thereon, said com- 
 panv are liereby authorised to issue, negotiate, pledge, 
 hypothecate and sell its bonds, in sums and at rates of 
 
141 1862. 
 
 interest which may be deemed most expedient by the 
 board of directors, the payment of the principal and 
 interest of the bonds to be secured as the board of di- 
 rectors may think best. 
 
 Sec. 21. Be it farther enacted, Tliat when any por-^, ^^^^u, ^^ 
 tion of the stock subscribed to said rail road company atock. 
 shall be called for, by the directions of the board of di- 
 rectors, and notice of said call shall have been given 
 for more than thirty days, that such call has been made, 
 and specifying the per centum of stock so called for, 
 and the time when payment is required, either by per- 
 sonal notice to the stockhohlers, or by publicati<»n in 
 some newspaper published in the city of Mobile, if any 
 stockholder shall foil to pay the call so made at 
 the time required, such stockholder ma^' be proceeded 
 against by a motion made in the circuit court of the 
 county of the residence of j^aid stockholder, for the 
 amount of stock so remaining unpaid ; which motion 
 shall belli writing, signed by an attorne3'at law, and shall 
 set forth the call so made, notice given, the amount ofproceedingr 
 stock subscribed by said stockholder, and the amount 
 remaining utipaid upon such stock so called for, and 
 the term of the court at whicii the motion will be made; 
 the sheritl' of the couniy shall serve the notice and make 
 his return thereon, and for his services shall be entitled 
 to the same fees that are allowed sheriffs for like servi- 
 ces in the execution of summons and complaints under 
 the general law. The clerk shall docket the case in its 
 proper order, and for his services in this case shall be 
 allowed the same fees to which he is entitled for like 
 services in other cases under the general law. If the 
 motion so made is executed more than twenty days V»e- 
 fore the term of the circuit court to which it is return- 
 able, the case shall stand lor trial at the iirst term after 
 its issuance; if executed wilhin twenty days hef.'i'o 
 such term, it shall not stand for trial until the next en- 
 suing term of said court. All the rules of pleading 
 and evidence applicable to actions of assumpsit, under 
 the Code of Alabama, are applicable to [»roceedings 
 under this section of this act, except that the certiti- 
 cntes of the secretary of s;iid company, accompanied 
 Avith the seal of the company, shall be evidence of the 
 :;»Mi/,ation of the company, of the by-laws, ruh's and 
 ; ^^ulations, and of the proceedings of the company, of 
 the calls made, from time to time, by the action of the 
 
1862. 142 
 
 directors (if tlie company, niid of tlio nr.ionnt pubscribcd 
 to the stoi'k thereof b^^ uiiy stoekhohler, iirid tlic iiinount 
 due and unpaid on sneh subscription at the time such 
 call was made orbecnmedne; arid upon tlie produetion 
 of suel) cortiticate, if no ]dea is entered by way of de- 
 fense, oi' if the plea is withcb'awn, tlie court lieariug 
 such motion, shall enter judo-ment finpd by default, or 
 nit dicif, as tlie case may be, for tlie amount so certified 
 to be due with intei'C-^t thereon ; such certificate shall 
 be evidence on the tri;d of any issue joined upon such 
 mt>tion, unless the defendant makt's onth at the time of 
 fiiiuij^ his i)lo;>, that be believes the jdea to be true, and 
 fifives notice that other evidence will be required; but 
 in all oases the defendant may adduce lawful pi'oof to 
 contradi(.-t such certificate. AH issues of fact joined 
 upon such notice, are to be tried us other civil actions 
 by jury. 
 
 Si:c. 22. Be it farther cnacicd^ That in all proceedings 
 Bccurity for commenced under the provisions of this act, security 
 •°"*" f(.r cost must be lodired with the clerk of tin; circuit 
 
 court of the county in which the suit is instituted, be- 
 fore sueli proceediui; is commenced. 
 
 8ec. 23. Bell farther enacted. That in all cases com* 
 tU°/'"'"^^°^neMeed under the provisions of section 21 of this act, 
 cither party mr.y have a change of venue, to the nearest 
 county free from exceptions, upon a))plication made, 
 and snfiicicnt cause shown by afiidavit, as in ordinary 
 ci\il cases. 
 As toconM-ua. ^lic. 24. Be it farther euaeted, That the Mobile and 
 lion of road." Southwestern Kail Road Company shall have full power 
 to make all lawful agreements, or negv)tiations, with 
 any dther rail road company within or without the lim- 
 its of this state, for the purpose of constructing, main- 
 taining and oi)erating a cmitinuous lail road or rail 
 roads from Mobile to New Orleans, in and through the 
 states of Alabama, Mississippi and Louisiana, 
 wiientocom- Sec. 25. Be U farther enacted, That this company 
 mence. shall coiumeuee the construction of the rail road within 
 
 three years from the date ot the declaration of peace 
 between ithe Confederate States and the United States 
 of America, otherwise this charter shall be forfeited. 
 
 Si:c. 26. Be it farther enacted, That all laws contra- 
 vening the provisions of this act are hereby repealed. 
 Ap[>roved DecciLber 5, 1862. 
 
143 1862. 
 
 No. 117.] AN ACT " 
 
 In ivhition to llio Sclma nnc] Gulf Rail Road Company 
 and llio Bi'oad Struct Ilotci Conii)aiiy of JSeliiia. 
 
 Sec. 1. Be it enacfed by the Si-naie and House of Hep- 
 resenfativc of the State of Alabama in (icneral As-semhli/ 
 anu'ciKd, Tli.it wlu-tvas, the work of tho Sclma anil ^'■'"'°^"'- 
 Gulf Rail Road Company, aad tho Broad street Hotel 
 Company of Sehna, bi)th oPiXtinizcd and actinoj hereto- • 
 fore under charters granted hy this state, has been sua* 
 ftemlcil in cnnsecpiem-c of the existing War ; and wIkM'c- 
 as, it is diffienit <ir impracticable, in consequence of the 
 absence of stOtdcholders in the aiiny, and unneceflsarily 
 expensive to keep up reiinlar organization, and iu-tioii 
 in said compauics, the organization and chartered rights 
 and priviley-es and franchises of said co:r,panies shall „, ^ 
 m no wise be impaired l.iy tiK-ir railure <U' omission to impaired, 
 elect directors Of other otHcers, or to hold meetings of 
 their boards (d ilirectors respectively, or to prosecute 
 their work, or to do other business during the continu- 
 ance of the existing war; but the organization, char- 
 tered rights and franchises of said couipanies, respect- 
 ively, shall be and remain unimi);nred, notwithstanding 
 Mich failure or omission: Prodded^ hoxccccr, that said ^'re'''*" 
 
 nipanies, rospei-tively, sliall within eighteen months 
 
 er the ratilieatiou of peace, (if not <i(»iie be lore,) in n,,'^" "''■**""' 
 good faith resume and [U'osecute the work pertaining 
 ^'^ said companies respcctiv"'y. mwl,.!' th"!'- r.'<p'.c(ive 
 
 arters. 
 
 Api)roved, Dec. G, 1602. 
 
 No. 118.] AN ACT 
 
 To extend the cb.artcr of the Alabama and Tennessee 
 River Rail Road Company. 
 
 Si:c. 1. Be it rvarletl by iJic Senate and House of Tiepre- 
 :-<iiifitivcs of the blatc of AhtUnna. in G- nernl Asscudj/t/ 
 
 vvncd, That lo enable the Alabama and Tennessee ^Yu^forw^ot 
 i\ivcr rail road company (^f this state to comply uith 
 the enactment of the congress of the Confederate States, 
 making provieioii lor tlio construction of a rail road 
 
1862. 144 
 
 from Bine Alountain, in Alabama^ to Rome, in Georgia, 
 as a military necessity, it being understood that the 
 president of the Confederate States, to whom the ar- 
 rangements for the consti uction of said rail road is com- 
 mitted by the a^^t of congress aforesaid, desires tlie said 
 Alabama and Tennessee River rail road co^npany to 
 construct so much of said rail road as is to be construct- 
 ed in this state; the charter of the said rail road com- 
 pany, as granted by this state, is hereby so amended 
 and extended as to give. to the said company the right 
 of extending and constructing a branch rail road, as a 
 branch of their main rail road, (and connected there- 
 with,) from Jacksonville, in the direction of Rome, in 
 Georgia, to the line of the State of Georgia, then to 
 connect with a rail road to be constructed within the 
 state of Georgia, from a point at or near Rome, so as 
 to comply with the requirements of the congress of the 
 Confederate States under the aforesaid enactment. 
 Rights, &c., per- Sec. 2. Be U further enacted., That all the rights, pow- 
 ^^^' ersan.d privileges conferred U[)on the said rail road com- 
 
 pany by any act or acts of this state, shall pertain to 
 aind include the route which may be chosen by said 
 conipany for the construction of the rail road author- 
 ized by this act, and to said rail road while in course of 
 construction, and when completed as the property of 
 said rail road company; including the right to receive 
 by doiiation, purchase, or otherwise, all lands needed 
 for rights of way, depots, stations, and all other lawful 
 pur[)oses, and to have the same condemned as author- 
 ized by the act chartering said company, and the sub- 
 j^^^j*g|"^y*PP'"°'" sequent act amendatory thereof. And the said com- 
 pany shall have the right to take and aiq:iropriate any 
 stone, timber, or other material needed in the construc- 
 tion and operation of said rail road, found on any pub- 
 lic lands of this state, and all lands of this state re- 
 quired for road way or other necessary purposes in con- 
 structing and using said rail road, are hereby granted 
 to said company. 
 
 Approved November 4j 1862. 
 
145 1862. 
 
 No. 119.] AiV ACT 
 
 To amend the charters of the Ahxhama and TcMinessee 
 Rivers Kaih'oad Company, tlic Ahibama and Missis- 
 sippi Rivers Railroad Company, the Sehiia and Gulf 
 Raih'oad Company, and the Western Raih'oad Corn- 
 
 f 
 
 Skc. 1. Be it enacted hy the Senate and JIov.se of Repre- 
 sentatives of the State of Alabama in General Asseuthhj 
 convened, That the charters of the Ahibama and Ten- 
 
 ^ nessee Rivers Raih-oad Comp.tny, the Ahibaina and 
 Mississippi Rivers Railroad Company, the Sclma and 
 Gulf Railroad Compan}', and the Western Railroad 
 Company, be so amended as to authorize said railroad 
 companies, or any two or more of them, or all of them common depol 
 together, to contract lor arid receive conveyances tor 
 land, stone, timber, wood, &c., lor a common depot 
 ground, and right of way to such depot, the depot for 
 the use of all said railroads in the corporate limits of 
 the city of Selma, or near and at a convenient distance 
 therefrom: Provided, that if the owner or owners otp,„,.ig„ 
 said land and said corporations cannot agree upon the 
 price or the owner is an infant, non-resident, ovnon, 
 
 ,. .^ , ,, , , n , /■ • 1 . In case of nnn- 
 
 mposmcjilis, It shall i^e lawful lor sanl corporations, oriiKrct-mcnt, ibc 
 iiiy two or more of them, to apply jointly for a writ^'"""**""'" 
 of ad quod damnum to the clerk of the circuit court of 
 Dallas county, to be issued in the name of all the ap- 
 plicants, which wiat, when so aijfilied for, shall be is- 
 sued b}' sai<{ clerk, directed to the sheriff of the county, 
 commanding him to summon a jury ol seven good and 
 discreet freeholders ftf his county, not related to the 
 owners of the land or the stockholders of said compa- 
 nies, to be and appear at such suitable and convenient 
 place at an early day as he may designate, to assess the 
 value of the lands specified in said writ of ad quod dwn- 
 num., and the damages whiolj the owner or owners may 
 sustain i>y the constructicm of said dupot of said coni- 
 panies, and direct or side tracks to such depot, and the 
 right of way which may be required by said railroad; 
 and in ascertaining and assessing the damages and pro- 
 ceedings necessary to be had on the trial by the jury,, 
 all the provi-iions of section ■'), of an act to an^cnd the 
 charters of the Alabama and Tetinessee Rivers Hailr.»ad 
 Company, approved 10th Feb., 1852, which are !(]>ji!i- 
 10 
 
1862. 146 
 
 cable, arc hereby re-cnactod and made applicable to this 
 act. 
 
 Sec. 2. Be it further enacted. That said jury in exe- 
 
 Juiv must con- .. • • /_ i 1 1 x i • \ • ^ ' ^^ t 
 
 skier. cuting such writ shall take into consideration the ad- 
 
 vantnaes and additional value which the construction 
 of said railroad may, or has .i^iven, to lands and other 
 property of owners of the land embraced in such writ, 
 adjacent and near to said depot and tra(;ks, as well as 
 the injury said lands and other property may sustain by 
 its construction through, upon, or near which it may be 
 constructed. 
 
 Sec. 3. Be it farther enacted. That in the event any 
 Titie to vest in fiUch proceedings by writ of ad quod damnum shall have 
 tho^c.Knpaaics*o i^ggj^ instituted^ by any two or more, and not all of said 
 railroad companies, and the value of the lauds so as- 
 sessed shall be paid by the said corporations so institu- 
 ting such writ, then the title to such lands so valued 
 shall vest in the railroad companies so sueing out such 
 writ of ad quod damnum: Provided, that thereafter any 
 other of said corporations who may not have joined in 
 such writ, or may not have paid their proportion of the 
 daniages assessed, by paying their proportion of the 
 damages and cost for the depot, together with theirpro- 
 portion of all expenses for improvements made upon 
 such depot grounds, and interest thereon may become 
 How oth* com- equal joint owners in such depot grounds, and shall. 
 oomrjorn7own- ^1^^© tlic right to suo out writs of ad quod damnum for 
 e"' extension of tracks to such depot under the same re- 
 
 strictions, except that it may be su-ed out in the name 
 of one or more of said corporations "as is provided in 
 this act for sueing out writs of ad quod damnum for the 
 common depot grounds. • 
 As to title of Sec. 4. Be it further enacted, That Avhen the said lands 
 land for '^■^'='^''- g]j{j| J huvc bccu SO condemucd for depot and side or di- 
 .\H to title of rect tracks, that the title to the land for tracks shall 
 <-oiiiiMoii depot vest each in the railroad company, for whose use they 
 are respectively designed, and the -land for the depot 
 shall vest in all the said railroad companies upon the 
 conditions above provided, and the use of such portion 
 of it shall be exclusive and such in common as shall be 
 designated and agreed upon by said railroad compa- 
 nies, and in the event they cannot agree, then each part 
 shall be exclusive and such in common as shall be right 
 ami equitable. 
 
 Sec. 5. Be it further enacted, That this act shall not 
 
147 1862. 
 
 be construed to interfere in any way with the right of now not to be 
 said railroad companies to depots and rights of way in c^n^iruea. 
 the city of Selma, under their present charter. 
 Approved November 28, 1862. 
 
 No. 120.] AN ACT 
 
 Supplemental and to amend an act to amend the char- 
 ters of the Alabama and Tennessee Rivers Railroad 
 Company, the Alab;nna and Mississippi Rivers Rail- 
 road Company, the Selma and Gulf Railroad Com- 
 pany, and the Western Railroad Company, approved 
 November 28, 1862. 
 
 Sec. 1. Be it enacted bi/ the Senate and House of Repre- 
 sentatives of the State of Alabama in General Assenibbj 
 convened, That the act of this legislature specified in 
 the ca[)tion of this act, approved 28th November, 1862, 
 be and the same is amended by striking out the final 
 letter "s" where it occurs in the word ''Rivers," after '-*"" '^" ^''''ct 
 
 cn out. 
 
 the word "Alabama and Tennessee," where they occur 
 in said act, so as to read "the Alabama and Tennessee 
 River Railroad company," the title of said company 
 being misnamed in said act. 
 Approved December 6, 1862. 
 
 No. 121.] AN ACT 
 
 To amend the charter of the Tennessee and Alabama 
 Central Railroad Company, and for other purposes. 
 
 Sec. 1. Be it enacted Inj the Senate and Hoitss of Hcp- 
 rescntatives of the State of Alabama in General Assembly 
 convened^ That for the purpose of better developing the 
 mineral resources of the State, the Tennessee and Ala- 
 bama Central Railroad Company, or their lawful as- 
 signs, the Mountain liailrcad Contracting Company, 
 are hereby empowered to construct branch railroails, ,*'''y<l<*"»"l'"^' * 
 not tooxci'oa ten miles m length, from an}' ]toint which 
 may be deemed advisable along the line of said railroad, 
 and in all proceedings on account of rightof way, and 
 
1862. 148 
 
 land damages along the line of said road and branches, 
 the same forms and proceedings, and the same rules and 
 regulations, shall be observed as are prescribed lor like 
 purposes by the charter of the South and North Ala- 
 bama Railroad Company. 
 
 Sec. 2. Be it fuiiJier enacted, That said Tennessee 
 and Alabama Central Eailroad Company, or their legal 
 nu"oMhe'roTd i^ssigns, bc and they are hereby authorized to locate the 
 southern terminus of said road at any point on the Ala- 
 bama and Tennessee Rivers Railroad, not exceeding' 
 seven miles east of Montevallo. 
 
 Approved November 20, 1862. 
 
 No. 122.] AN ACT 
 
 To amend the Charter of the Planters' Insurance Co. 
 
 Sec. 1. Be it enacted hytJie Senate and Hqufieof Bepre- 
 ^ sentatives of the State of Alabama in General Assembly 
 conve ed, That when by reaeon of the absence of the 
 president or directors of the Planters' Insurance Com- 
 pany from the State of xllabaraa, or in the military ser- 
 vice of the Confederate States for more tlian two 
 months, it maj'- be necessary to elect a new president, 
 or board of directors, it shall and may be lawful for 
 JiV'^JL^nt'tTcaT/u such of the board of directors as are not so absent to 
 meeting, &c. ^all a meeting of the stockholders to elect a new board 
 of directors, at such time and place as mny be ap- 
 pointed. 
 
 Approved November 20, 1862. 
 
 No. 123.] . AN ACT 
 
 To amend the Charter of the Eafauhi Home Insurance 
 Company. 
 
 Sec. 1. Be it enacted by the Senate and Jffonse of Rep- 
 
 A,iHit!„„»i „,;„ resentatives of the State of Alabama in General A.^i^emhl]/ 
 
 jiege conferred, cow venea, 1 hat HI addition to the privileges granted tne 
 
 Eufaula Home Insurance Company, by an act approved 
 
 Eeb. 8, 1861, and an act amendatory of said act, ap- 
 
149 1862. 
 
 proved Dec. 9, 1861, said company arc hereby author- 
 ized to make such investments in tjie stocks of the Con- 
 federate States, or either of them, as it may deem ne- 
 cessary to carry on its legitimate business under its 
 charter. 
 
 Sec. 2. Be it further enacted. That said company in 
 
 ., . ,. .. . .1 ty • 1 1 V 11 Kieht per cent. 
 
 the exercise ot its privileges or a savings bank, shalnmerest. 
 be authorized and allowed to charge at the rate of 8 
 per cent, interest in all of its business, instead of the 
 rate ot interest noWallowed it. 
 Approved December 1, 1802. 
 
 No. 124.] AN ACT 
 
 To amend "An act to incorporate the South Alabama 
 Mannhicturing Company," approved February 24th, 
 1860. 
 
 Sec. 1. Bi it enacted hy the Senate and House of Rep- 
 resentatives of the State of Alabama in General AssemhUj 
 convened. That an act entitled "an act to incorporate 
 the South Alabama Manufacturing Company," ap- 
 proved February 24, 1860, be amended, bV striking out 
 
 fi 1 i.^i i» • xi xi • 1 1- 1 ■• -• ^ ,1 "Six" in place of 
 
 the word "three, lu the third line, and inserting the "three." 
 word "six." 
 
 Am, roved December 1, 1862. 
 
 No. 125.] AN ACT 
 
 i 
 
 To amend "An act to incorporate the Gas Light Com- 
 pany of Selma." 
 
 Sec. 1. Be it enacted hy the Senate and House of Ilepre- 
 seniative-i of the State of Alabama in General Assembly 
 convened, Tnat so much of the third section of said act 
 as in these words, to-wit: "ordinarily charged in the JaV *"'"'"" "^ 
 cities between Charleston, S. C, and JS'ew Orleans, La., 
 inclusive," be stricken out and repealed, and in lieu 
 thereof bo inserted the words following, to-wit: "as 
 may be fixed by the board of directors, "not to exceed 
 eight dollars per thousand cubic feet tor gas." 
 
 Approved November 7, 1862. 
 
1862. 150 
 
 Ko. 126.] AN ACT 
 
 To give to the Probate Judge or Probate Court of Au- 
 tauga county jurisdiction over the estate of Thomas 
 C. Daniel. 
 
 Section 1. Be it niactcd by the Senate and House of Rep- 
 resentatives of the State of Alabama in General Assembly 
 convened, That the probate judge or probate court of 
 Autauga count}^ is hereby invested with jurisdiction to 
 grant'letters of administration upon the estate of Thom- 
 as C. Daniel, deceased, and to make all orders and set- 
 tlements necessary to a full administration and final 
 settlement of said estate; and the jurisdiction of the 
 probate judge or probate court of Dalhis county over 
 said estate, and its administration, is hereby transferred 
 to the probate judge or probate court of Autauga 
 county. 
 
 Approved December 6, 1862. 
 
 No. 127.] AN ACT 
 
 To authorise the Commissioners' Court of Autauga 
 county to levy a special tax for the support of fami- 
 lies of soldiers in the war. 
 
 Sec. 1. Be it enacted by the Senate and House of Repre- 
 sentatives of the State of Alabama in General Assembly 
 convened, That the commissioners' court of Autauga 
 county be authorised to levy a special tax, on all the 
 taxable property in said county, for the purpose of sup- 
 porting the families of soldiers in the army during the 
 war. 
 
 Approved November 7, 1862. 
 
151 . 1SG2. 
 
 No. 128. AX ACT 
 
 To cbai)ge the Boundary Line between Bibb and Au- 
 tauga counties, so far as to include the dwelling bou- 
 ses "of S. H. Faulkner and T. L. Faulkner, in the 
 county of Autauga. 
 
 Sec. 1. Be it enacted hij the Senate and House of Bep- 
 resentatives of the State of Alabama in General Assembly 
 corwened, Tbat the boundary line between the counties 
 of Bibb and' Autauga be, and is hereby altered, so as to 
 include the dwelling houses of S. 11. Faulkner and T. 
 L. Faulkner, in the county of Autauga ; but no further 
 or other change of said line is to be made by this act. 
 
 Approved November 7, 18(32. 
 
 No. 129.] AN ACT 
 
 To change the Boundarj' Line of tlie counties of But- 
 ler and Conecuh. 
 
 Sec. 1. JSe it enacted by the Senate and House of Rep- 
 resentatives of the State of Akdmma in General Assembly 
 convened. That the boundary line between the counties 
 of Bntler and Conecuh be so altered as to include the 
 dwelling house of Joseph J. Allen in the count}' of 
 Butler. 
 
 Ajiproved November 24, 1802. 
 
 No. 130.] AN ACT 
 
 To establisli a Bridge across the Choctawhatchic River 
 in Coffcocounty. 
 
 Sec. 1. Be it cwicird by the Senate aii^l Home of Rep- 
 resentative of the State of Alabama in General Aasembfy ,* ^^.'uVf'"*',;'!^'* 
 convened, That the bridge across tiie Cboctawhatcliieir»h«j.' "*' 
 river, built by licgister and Broxton, be and the same 
 is hereby established by law. 
 
 Sec. 2. Be it further enacted, That no road leading to, 
 
1862. 152 
 
 N., mad to be 01' fi'om sa"u] bn(]iii;e, shall be obstructed by puttin<x any 
 lence, or lalluig any timber m or across said road. 
 -Approved jSToveiiiber 26, 1862. 
 
 Xo. 131.] AN ACT 
 
 To change the- time of holding the Chancery Court of 
 Choctaw county. 
 
 Sec. 1. Be it enacted by the Senate and House of Rep- 
 resentatives of the State of Alabama in Gtney^al Assembly 
 convened, Tliat hereafter the chancery court of Choctaw 
 county shall be held on Wodnestlay after the third 
 Monday in July, instead of the time. now prescribed by 
 law. 
 
 Approved November 26, 1862. 
 
 xceiJlions 
 
 No. 132.] AN ACT 
 
 To amend the Koad Law in Choctaw county. 
 
 Sec. 1. Be it enacted by the Se7iate and House of liep- 
 are liable '>'c<'^<^'>iiaiives of the State of Alabama in General Assembly 
 convened, That after the passage of this act, the follow- 
 ing persons shall be liable to work on, clear out, and 
 repiiir the public roads in the county of Choctaw, to-wit ; 
 all free white male persons between eighteen and forty- 
 five years of age, and all male slaves and other male 
 persons of color over sixteen and under sixty years of 
 ao-e. 
 
 Sec. 2. Be it further enacted, That no person speci- 
 fied in this act shall be exempt from road duty, except 
 ministers of the gospel, who are regularly engaged in 
 their pastoral duties, and the apportioners on roads; 
 said apportioners to be exempt only for each year that 
 they actually and punctually serve as such, any law to 
 .the contrary notwithstanding. 
 
 Approveil November 18, 1862. 
 
153 1862. 
 
 ]^o. 133.] AN ACT 
 
 Te authorize the pnblicatioiis of Choctiiw county to be 
 made in the city of Mobile. 
 
 Sec. 1. Be it enacted by the Senate and House of liep- 
 reseniatices of the State of Alabama in General Assembly 
 conccned, Tliat after the passago of this act it shall he 
 lawful for the officers of the different courts hold in 
 Choctaw county, as well as executors, administrators 
 and guardians, to make publication in any newspaper 
 printed \n the city of Mobile, whenever there is no 
 weekly newspaper printed witiiin the limits of said 
 county, an}' law to the contrary notwithstanding. 
 
 Approved November 20, 1802. 
 
 No. 134.] AN ACT 
 
 To provide for the election of county treasurer of 
 Coosa county bj' the people. 
 
 Sec. 1. Be it enacted by ilic Senate and House of Hepre- 
 sentatwcs of the State of Alabama in General Assembly ■E\ect\on of ua- 
 convened, That the county treasurer of Coosa county pi'""" ^'^''''''°"' 
 shall be elected by the qualified voters of said county, 
 on the first Monday in August, 18G3, and every three Term of office, 
 years thereafter, and shall file his bond with the proper 
 securities, and enter upon the discharge of liis duties 
 v.'ithin ten days after said election. 
 
 Sec. 2. Be it further enacted, That sliould any vncan- 
 C}' occur in the said office of county treasurer, prior to How vacancy u> 
 the said first Monday in August, 1863, or at aii}-- time ''* ""'"^' 
 thereafter, the judge of [>r()l)ate shall convene the cora- 
 niissioners court of ?aid county at as earl}* a day as prac- 
 ticable, to fill said vacancy by appointment, which ap- 
 pointment, which aiijtointment shall be for the unex- 
 pired term and until the successor is duly cpuilified. 
 
 Ap[iroved Novcml)er 26, 1802. 
 
. 1862. 15 ^ 
 
 No. 135.] AN" ACT 
 
 To amend an act entitled an act to amend the Mechan- 
 ics' lien law of Dallas, Pike and Coosa counties. 
 
 Sec. 1. Be it enacted by the Senate and House of Rep- 
 resentatives of the State of Alabama in' General Assembly 
 ^Bg'a nen!^"^°'' c<^^^^^^*^5 That any person having a lien under the pro- 
 visions of the above entitled act, mpy enforce the same 
 in the following manner: He may tile a petition iti the 
 circuit court of the county in which the property issit- 
 mted, upon which the lien is to be enforced, setting 
 out the amount and nature of his debt for which he 
 claims a lien describing the property on which he as- 
 serts a lien, stating the name or names of the owners 
 or claimants of the property, and of the debtor, show- 
 ing that his claim was presented and recorded as re- 
 quired by said act, and that the same, or some part 
 thereof, within the jurisdiction of the court, remains 
 unpaid, and praying for a sale of the property described 
 to satisfy the debt on the filing of such petition ; the 
 clerk must issue notices thereof to all the persons 
 named therein, as owners or claimants of the property 
 described, and to the debtor requiring them to appear 
 at the next term of the court, and show cause why the 
 prayer of the petition should not be granted, which no- 
 tices shall be served by the sheriff, or other proper offi- 
 cer; when the notices are returned executed, the par- 
 ties notified may make any proper defence, by plea or 
 answer to the petition, if no plea or answer be filed at 
 the first term of the court after the return of the no- 
 tices "Executed", the court may render judgment by 
 default for the amount alledged in the petition, which 
 may be proved to be dues, condemn the propertj^ de- 
 scribed in the petition to be sold for the payment there- 
 of, and the costs of the proceedings, and order execu- 
 tion accordingly, which execution shall run against the 
 goods and chattels of the debtor, as well as against the 
 particular property ordered to be sold ; if a plea or an- 
 swer be filed, an issue shall be made up under the di- 
 rection of the court, which may be tried either by the 
 court or jury, as the parties may agree, or by a jury, if 
 the parties do not agree, aiul the court shall render 
 judgment and award execution, i>i accordance with the 
 verdict; but if the verdict and judgment be for the pe- 
 
155 1862. 
 
 titioner, the execution shall run as above directed in 
 case of judgment by default. 
 
 Sec. 2. A7id he it further enacted, That the fees of the 
 
 , , 1 1 -/I. ii <i> r • ' 1 Fees of officer* 
 
 clerk and sheriii, or other omcer, tor issuiiio; and sorv- underfills act. 
 ing the notices required by this act, and tor all other 
 services rendered in the proceedings authorized l)y this 
 act, shall be the same as in proceedings by complaint 
 and summons to recover debts. 
 
 Sec, 3. And be it further enacted, That the remedy here- Romedy merely 
 by given shall be cumulative merely, and any person *'"™"'*"'^'^" 
 having a lien under the provisions of the act of which 
 this an amendment may enforce the same in a court of 
 chancery notwithstanding this act. 
 
 Sec. 4. And he it further enacted, That no proceeding no prior or sub- 
 or sale under the provisions of this act shall irnp^ii' or ^,^^^^"g*;j''^'j.''"^™- 
 destroy any prior or subsequent lien under the act of stroyed. 
 which this is an amendment. 
 
 Approved JSovember 8, 1862. 
 
 No. 136.] AN ACT 
 
 To authorize the Court of County Commissioners of 
 Fayette and Morgan counties to levy a tax on Dogs. 
 
 Sec. 1. Be it enacted by the Senate and Houf>e of Repre- 
 sentatives of the State of Alabama in General Assembly Authority to 
 convened, That. the court of county commissioners of '*''^'" 
 Fayette and Morgan countie?, are hereby authorized, if 
 they deem it expedient, to levy a tax on all dogs, over 
 and above two, that may be owned by any family in 
 said counties. 
 
 Sec. 2. Be it further enacted, That said tax shall be 
 assessed and collected by the assessors and collectors of 
 said counties, and when collected shall be apjiropriated xaximwiobo 
 to the support of the indigent families of volunteers in 'p'""''"''*'^- 
 said counties. 
 
 Sec. 3. Be it further enacted, The tax so assessed by 
 the court of county commissioners shall not exceed one Taxnoitoex- 
 dollar for each dog over and above two owned by any 
 family in said counties. 
 
 Sec. 4. Be it further enacted^ The dogs owned by any 
 
1862. 156 
 
 Explanatory. oiiG member of the family, either white or black, shall 
 be considered as belonging to the family. 
 Approved December 6, 1862. 
 
 ^o. 137.] AN ACT 
 
 To change the boundary line between the Counties of 
 Jefferson and Shelby. 
 
 Sec. 1. Be it enacted hy the Senate and House of Rep- 
 resentatives of the State of Alabama in Gendral Assembly 
 comened, That the boundary line between the counties 
 of Jefferson and Shelby be so changed as to include 
 William S. Earnest and his residence in the county of 
 Jefferson. 
 
 Approved December 4, 1862. 
 
 No. 138.] AN ACT 
 
 To authorize certain officers of Jefferson county to 
 make publication in the newspapers of Selma. 
 
 Sec. ] . JBe it enacted by the Senate and Hovse of Repre- 
 sentatives of the State of Alabama hi General Assembly 
 convened, That from and after the passage of this act, 
 it shall be lawful for the probate judge, register in 
 chancery, clerk of the circuit court, sheriff, and all ex- 
 ecutors and administrators, and guardians, of Jefferson 
 county, to make all publications required to be made 
 by them respectively, either in the newspapers, pub- 
 lished at Selma Alabama, or in those now designated 
 by law. 
 
 Approved November 24, 1862. 
 
 No. 139.] AN ACT 
 
 To hold a special Term of the Chancery Court in the 
 county of Jefferson. 
 
 . Sec. 1. Be it enacted by the Senate and House of Repre- 
 
167 1862. 
 
 sentathies of the S die of AUdmma in General Assembb/ 
 convened, That it shall be the flnty of the chancellor of 
 the middle chancery division, of the State of Alabama, 
 and he is herebv required to.hold a special term ol the 
 court of chancery, for the twenty-second (22) chancery 
 district, middle division of Alabama, on the fouth (4) 
 Monday in December, 18G2, which court shall continue 
 to be held and adjourned, from day to day, until all the 
 business of said chancery court is disposed of; and 
 should said chimcellor not open said court, on said 
 fourth (4) Monday, it shall be lawful for him to open 
 and hold the same on the Tuesday or Wednesday fol- 
 lowing. 
 Approved Koveraber 20, 1862. 
 
 No. 140.] AI:^ ACT 
 
 To detach Macon county from the Middle, and attach 
 it to the Southern Chancery Division ; and to de- 
 tach Sumter county from the Southern, and attach it 
 to the Middle Chancery Division. 
 
 Sec. 1. Be it enadnd by the Senate and House of liep- 
 resenfaiives of the State of Alabama: in General Assembly &s io itacor.. 
 convened, That the county of Macon be, and the same 
 is hereby detached from the middle and attached totlio 
 southern chancery division ; and that the county of 
 Sumter be detached from the soutliern and attached to 
 the middle chancery division. 
 
 Sec. 2. ^^'^i^^etY/^fW/tercnac^ec?,' That the chancellors 
 of the middle and sonthern chancery division may fix^'*"^'"™'^''- 
 the time for holding their chancery courts in the said 
 counties of Macon and Sumter, by giving due notice 
 thereof bv pul)lication in a newspaper. 
 
 Approved November 28, li<62. 
 
158 
 
 AN ACT 
 
 To authorize the commissioners' court of Macon county 
 to appropriate a certain amount of the taxes levied 
 for coudt}- purposes, to the support of the indigent 
 families of volunteers, &c. 
 
 Sec. 1. Be it enacted by the Senate and House of Repre- 
 sentatives' of the State of Alabama in General Assembly 
 convened. That the commissioners' court of Macon 
 county be, and they are hereby authorized to appropri- 
 priate sixty-live per cent, of the taxes assessed for coun- 
 ty purposes, to the support of indigent families, in Ma- 
 con county, of volunteers, or conscripts, in the service 
 of the Confederate States from said county, under such 
 rules and reguletions as said court may from time to 
 time establish. 
 
 Approved November 7, 1862. 
 
 No. 142.] AN ACT 
 
 To require the County ^Treasurer, of Marshall county' 
 to register certain claims against the county of Mar- 
 shall. 
 
 Sec 1 . Be it enacted by the Senate and Ilotise of Hep- 
 resentatives of the State of Alahaina in General Assembly 
 convened, That the county treasurer of Marshall county 
 is hereby required to register the county claims of 
 Thomas J. Cockron, late sheriff of said county, when 
 said claims have been approved by the probate judge of 
 said county, any law to the contrary notwithstanding. 
 
 Approved November 7, 18G2. 
 
 No. 143.] AN ACT 
 
 To legalize the action of the Court of County Commiss- 
 ioners of Marshall, Fayette and Barbour counties, in 
 levying a special tax for t;he support of the families 
 of soldiers. 
 
 Sec. 1. Be it enacted by the Senate and Idolise of JReprc 
 
169 1862. 
 
 senfaiivcs of the State of Alabama in General Assembly Duty or tax coi- 
 convencd^ That any action of the courts of county com- '''°'°"' 
 ty commissioners of Marshall, Fayette and Barbour 
 counties, had since the last session of this assembly, 
 having; for its object the levy of a special tax upon the 
 taxalile property in said counties, for the support of the 
 families of soldiers in the service of the Confederate 
 States, or of this State, be, and the same is liereby le- 
 galized ; and it shall be the duty of the tax collectors 
 for said counties to collect and pay over as speedily as 
 practicable, to the judges of probate of said counties 
 I'espectively, so much of said special tax as shall not 
 have been voluntarily [)aid ^by the tax payers, against 
 whom the same may have been assessed. 
 Approved November 5, 1862. 
 
 No. 144.] AN ACT 
 
 To change the time of holding the Circuit Courts in ^ 
 
 Marion, Walker and Winston counties, and for other 
 purposes. 
 
 Sec. 1. Be it enacted by the Senate and House of Ihp- 
 resentaiives of the State of Alabama in General Assembly j^^ lo Marion 
 cojivened, That from and after the passage of this act, county. 
 tiie county of Marion be detached Irom the fourth ju- 
 dicial circuit, and attached to the third judicial circuit; 
 and that the county ol Winston be detached from the 
 third judicial circuit, and attached to the fourth judicial 
 circuit. 
 
 Sec. 2. Be it farther enacted, That the time of hold- Kimr- oriioMinc 
 ing the circuit courts shall here^ifter be, in the county <'"""! '" "*''' 
 of ^Marion on the- seventh Monday after the first Mon- 
 day in March and Scjitcmbcr, anciniay hold one week; 
 and in the county of Walker on the eighth Monday 
 after thw first Monday in March and Sciitember, and 
 may hold one week; and in the county of Winston on 
 the ninth Monday after the first Monday in March and 
 Septeml)erj and may hold one week. 
 
 Sec. 3. Beit further enacted, That all PXPcutions, j.jjp^„„^„, ^^,i 
 writs, suliixrnap, bonds, and process of every kind,*^c. 
 made returnable lo any of said courts, at the times now whco wiurmbie 
 provided by hny, shall be and the same arc hereby made 
 
1862. 160 
 
 rctuniaWe to said circuit courts at the time prescribed 
 by this act. 
 
 Sec. 4. Be it further enacted^ That all laws aud parts 
 of laws, contravening the provi.'^iou of this act, be and 
 the_sanie are hereby repealed. 
 
 Approved November l^i, 1862. 
 
 No. 145.] AN ACT 
 
 To enable the corporate authorities of the city of Mo- 
 bile to levj^ an additional tax on real estate for Mu* 
 nicipal purposes. 
 
 Sec. 1. Be it enacted hy ike Senate and House of Rep- 
 reseiit'atives of ike State of Alabama in General Assembly 
 convened, That the corporate authorities of the city of 
 Mobile are hereby authorised to levy an additional tax 
 of not exceeding twenty cents, on each one hundred 
 dollars in value of the real estate of said city, to that 
 now authorized by law, the same to be collected as 
 other taxes on real estate are collected in said city, and 
 to be used for municipal purposes t Provided^ That this 
 act shall continue in force for twelve months from, tho 
 date of its passage, and no longer. 
 
 Approved. Dec. 8th, 1862. 
 
 N"o. 146.] AN ACT 
 
 To authorize the judge of probate of Mobile county, 
 to remove his office records to a place of safety, and 
 for other purposes. 
 
 Section. 1. JBe it enacted hy the Senate and House of Bep- 
 resentalwcs of the. State of Alabama in General Assembly . 
 convened, That the judge of probate, of Mobile county, 
 be and he is hereby authorized to remove the papers, 
 books, and records of his oilice, to a place of safety, 
 whenever he shall deem said removal necessary to pre- 
 serve them from the public enemy. 
 
 Sec. 2. Jie it further enacted, That said judge of pro- 
 bate shall have the right to perform all the duties of 
 
161 1862. 
 
 his office in any county of this State, to which tlic 
 papers, books, and records of his office, riiay be removed 
 under tliis act. 
 Approved December 5, 18G2. 
 
 No. 147.] AN ACT 
 
 To amend An act for the iniprovenicnt of the Buy and 
 Harbor of Mobile. 
 
 Section 1. Be U enacted by the Senate and House of Bep- 
 resentatwes of "the Slate of Alabama in General Assembly 
 convened. That so much of the ret for the improvement 
 of tlie bay and liarbor of Mobile, approved February 
 21, 1860, as provides that onc-tifth part of the revenue As to ihedispo- 
 that may herc^aftcr be annually collected in the county flfih""a'^io 'Si 
 of Mobile, for the use of the State, should be relin- 
 quished, and donated to the presidetit-and commission- 
 ers of revenue of Mobile county, be and the same is 
 hereby repeale 1, and the tax collector is required to ac- 
 count for, and pay over, the said one-fifth in the same 
 manner that the balance of State tax, for said county 
 of Mobile, is paid over and accounted for. 
 
 Ap[)roved Beceraber 5, 1862. 
 
 No. 148.] AN ACT 
 
 To amend An act entitled An act to protect the Elec- 
 tion Franchise 'in Municipal Elections in the city of 
 ^Ii'bile, a[tproved 5th December, 1861. 
 
 Sec. 1. Be it enacted by the Senate and House of Rep- 
 resentatives of the Stale of Alabama in General Assembly Amcn.ici a% to 
 eonrenrd. That the above named act be, and is herebv so 'P'"''!""^"^ "^ 
 
 d\ , . , . ,,1 *' . Ciinimissloncrs. 
 
 ed as to require the ap]»ointraent ot the commis- 
 sioners therein namcy^, and a registration of the names 
 of the voters, every three years, viz : next preceding 
 the general election in saWl city, instead of annually as 
 i« provided by said act, to which this is an amendment, 
 the first appointment of commissioners and registra- 
 tion, to ho niade before and from tlio election to be JJ^:"/* *"*" 
 II 
 
 1 
 
1862. 162 . 
 
 holilcii on the first Monday in December, 1864, and 
 every three years thereafter, in the manner provided by 
 said act. 
 Approved November 3, 1862. 
 
 No. 149.] AN ACT 
 
 To authorise the enrollment of the Creoles of Mobile. 
 
 Sec. 1. Be it enacted by the Senate and House of Repre- 
 sentatives of the State of Alabama in General Assembly 
 convened, That certain persons of mixed blood, residing 
 
 roUe'.r'"''^^""in the city and county of Mobile, commonly known as 
 Creoles, be and the same are hereby antjiorised to be 
 enrolled as militia for the defense of the citj'and county 
 of Mobile, if in the opinion of the mayor of the city it 
 is expedient. 
 
 Sec. 2. Be it further enacted, That the enrollment. 
 , authorised by the first section of this act shall be made 
 
 to be made. as follows, to-wit : thc mayor shall enroll each male 
 Creole between the ages of eighteen years and fifty 
 years, who wishes to be enrolled; he shall then divide 
 them into suitable companies, and appoint some dis- 
 creet white men as commissioned officers to command 
 said companies. Said companies shall be confined ex- 
 clusively to the defense of the city and county of Mo- 
 bile, and shall be under the command of the military 
 authorities in the city of Mobile. 
 Approved November 20, 1862. 
 
 No. 150.] AN ACT 
 
 To provide for the defense of Mobile. 
 
 Sec. 1. Be it enacted hy the Senate and House of Rep- 
 
 7'esentatives-of the Slate of Alabama in General Assembly 
 
 Five hundred convcned. That the sum of five hundred thousand dol- 
 
 liioiisand dollars , 1,1 <• 1 ' • 1 1 
 
 ai)i)roi.riatta. lars, or SO much thereof as may be. necessary, is hereby 
 approi)nated to the defense of Mobile, under the direc- 
 tion of the governor, to be drawn on his warrant on the 
 state treasury, as provided for by clause 3, section 3 of 
 
163 1862. 
 
 an act entitled "an act making appropriations for tlie 
 military defense of the state," approved Htlr February, 
 1861. 
 
 Approved November 8, 1862. 
 
 No. 151] AN ACT 
 
 To authorise the Commissioners' Court of Monroe 
 count}' to levy a special tax. 
 
 Si:c. 1. Be it enadcd hy the Senate and Hoiise of liep- 
 resenfatives of the State of Alabama in General Assembly 
 convened^ That the court of county conimissioners of 
 Monroe county is hereby authorised to levy a tax, not 
 exceetliniii; one hundred per cent, on the state tax, for 
 the support of indigent families of volunteers. 
 
 Approved December 6, 1862 
 
 No. 152.] AN ACT 
 
 To authorise the corporate autlioritics of the city of 
 Montgomery to control and improve the grounds 
 around the capitol. 
 
 Sec. 1. Be it enacted hy the Senate and House of Ttepre- 
 sentatircs of the State of Alabamd in General Assembly 
 convened, That in case the corporate authorities of the 
 city of Montgomery shall hereafter purcliase the vacant 
 lots- immediately north of the cafiitol grounds, the said 
 autliniiiies arc hereby authorised, from and after said 
 purchase, to take and keep the fhargc and custody of 
 the grounds of the state around the cajiitol, for the pur- 
 pose of improving and adorning those grounds, and 
 preserving the improvements and adornments they may 
 make, and to make rules and regulations to carry out 
 the object of this act : Provided^ however, that tlie chartfc 
 and custody, and rules and regulations of said corporate 
 authorities, in relation to said grounds around the cap- 
 tol, shall at all times be subject to modification or au- 
 iiulnicnt by the governor or by the general assembly. 
 
 Aii[troved November 25,1862. 
 
1862. 164 
 
 Ko. 153.] ^ A'S ACT 
 
 To change the Boiinchny Line between Montgomerj 
 and Pike counties. 
 
 Section 1. Be it enacted by the Senate and House of Rep- 
 resentatives of the State of Alabama in General Assembly' 
 convened. That the county boundaries between the 
 counties of Montgomery and Pike be so changed, as to 
 embrace within the territory of Montgomery, the resi- 
 dence of Johnathan T. Thomas. 
 
 Approved November 2i:^, 1862. 
 
 No. 151.] AN ACT 
 
 To define the fees of tlie Justices of the Peace and Con- 
 stables in the city ot Montgomery. 
 
 Sec. 1. Be it enacted, by tne Senate and House of Bcp- 
 resentatives of the State of Alabama in General Assembly 
 convened.^ That from and after tiie passage of this act, 
 justices of the peace, constables and jurors, on the trial 
 
 P***- by jury before justices of the peace, in beats numbers 
 
 4 and 5 hi the city of Mo?itjzomery, shall be entitled to 
 the following fees for their services, in civil cases in the 
 following particulars, viz : justices of the peace, for each 
 appeal bond, 75 cents, .veniri facias, 75 cents, each sub- 
 poena for witness, 25 cents, swearing jury, 25 cents, each 
 day presiding, extra, ^1 50; constables, for summoning 
 jury, ^1 50, summoning each witness, 50 cents, attend- 
 ing on trial each day, $1 00 ;. jurors, for attending on 
 trial each day, ^1 50 ; all of which shidl be tMxed agiiinst 
 the unsuccessful party in the suit in which the same 
 may accrue. 
 
 Sec. 2. Be it further enacted, That all laws relative to 
 
 Certain! a>vsTe-jury trials bcforc j usticcs of the [leace, conflicting with 
 
 '^'^^'^ ' the foregoing, arc hereby repealed. 
 
 Approved December 8, 1862. 
 
F<iriTier tax le- 
 
 165 1862. 
 
 No. 1:5.] AN ACT 
 
 To lejjalize the acts of the Commissioners' Court of 
 Morgan county. 
 
 Sec. ]. Be it enacted by the Senate and Home of Rep- 
 resentatives of the State of Alabama in General Assembly 
 convened, That the tax levied by the commissioners' gailwa. '"'^ ^' 
 court of Morgan county, for the purpose of refunding 
 money to those who have advanced money to equip 
 volutoor companies, or who had advanced money or 
 provisions to support the families ot volunteers, be and 
 the same is hereby legalized. 
 
 Sec. 2. Be it further enacted^ That all taxes heretofore gJi'^X' 
 levied by said court, for the support of soldiers' fami- 
 lies in said county, be and the same is hereby legalized. 
 
 Approved December 2, 1862. 
 
 No. 15<;.] AN ACT 
 
 To authorize the Sheriff and other officers of the county 
 of llusscll to. make publication in a newspaper pub- 
 lished in the citv of Columbus, Geori^ia. 
 
 Src. ] . Be it enacted by the Senate and House of Rep- 
 resentatives of the State of Alabama in General Assemtdy 
 convened, That during such time as no newspaper is pub- 
 lished in the county of Russell, the judge of probate, 
 the register in chancery, the clerk of the circuit court, 
 and the sheriff of the same, are herel)y authorized to 
 have published in any newspaperof the city of Colum- 
 bus in the state of Georgia, all such notices and adver- 
 tisements as by law they are required to have inserted 
 in a newspaper. 
 
 Approved November 17, 1862. 
 
1862, 166 
 
 No. 157.] A"JT ACT 
 
 To prevent the destruction by fire of property in the 
 towns and villages of- the counties of Shelb}-, Jeffer- 
 son and St. Ckiir. 
 
 Sec. 1. Be it enacted hy the Senate and House of Rep- 
 resentatives of the Stat''. <>f Alabama in General Assembly 
 
 wHi?iVhaif mile ^^'^^'^"^'^' "^^^'^^ ^^ ^^^^^^ "^^ b® hiwful for aiiy person 
 without consent, other than citizens of the counties of Jefiersou, 
 Shelby, and St. Chiir, in the State of Alabama, to store 
 cotton in anj- town or village of said county of Shelby 
 or within a half mile thereof, except at railroad depots, 
 without the consent in writing of at least three-h)urths 
 of the householders of said town or village. 
 
 Sec. 2. Be it farther enacted, Thatt it shall be the 
 „ , , , ._ duty of the sheriff of Shelbv county, if cotton is now 
 
 Duty of sheriff. J ^ ,^^ n i • 
 
 or may be stored in any town or vulage oi his county, 
 without the consent as aforesaid, as soon as he is in- 
 formed of the same to notify the owners or agent of such 
 owner in writing to remove the same within ten days 
 beyond the limits set forth in section one hereof, and 
 it- such owner or agent refuse to remove the same, such 
 sheriff shall remove the same at the -expense of the 
 owner aforesaid. 
 
 Sec. 3. Be it further enacted, That for the services 
 Allowance for performed by the sheriff' as {^foresaid, he shall be allow- 
 
 such service. ed One dollar per bale for each bale of cotton sore- 
 moved, and reasonable charges for the hands and teams 
 employed by him in removing the. same, and one dollar 
 for ever}^ notice given under the provisions of the sec- 
 ond section hereof as costs of such proceedings. 
 
 Sec. 4. Be it farther evaded, That the costs which 
 Costs a lien on may bc iucurrcd under section three hereof, shall be a 
 
 necoiton. jjyj,j ^ij ^jj^ cotton so rcmoved, and the sheriff is herebj'' 
 authorized to sell the same, or so much as may be ne- 
 cessary to pay such costs at the expiration of ninety 
 (90) days from such removal, at public auction, for casli, 
 and pay such costs, unless the same shall be paid with- 
 in such time. 
 
 Sec. 5. Be it farther enacted, That if the sheriff' 
 
 Penalty if sheriff aforesaid fiiils or refuses to perform the duties in the 
 
 fills or '•'^'■"^^8. g^,pj.^j-,^l gpct-jon hereof, he shall be liable to indictment, 
 and on conviction shall be fined not less than live liuii- 
 
167 1862. 
 
 (Ired dollars nor more than two thousand dollars at the 
 discretion of the jury trying the same. 
 Approved December ,9, 1802. 
 
 No. 158.] AN ACT 
 
 To amend the law in relation to Public Bridges in Sum- 
 ter county. 
 
 Sec. 1. Be it enacted bji the Senate and Home of Rep- 
 resentatives of the State of Alabama in General Asstmhly 
 coiicened, That the probate judge of Sumter county, be 
 and he is hereby authorized to make appropriations and 
 contract for repairing any public bridge in tho said 
 county of Sumter durin/ the vacation of the comi^iis- 
 sioners court, the probate judge to be governed in all 
 respects l)y laws and reguhitions in contracting for said 
 repairs, as are jirescribed for the government of com- 
 missioners court of said county. 
 
 Approved November 8, 1862. 
 
 No. 159.] AX ACT 
 
 To provide means for arresting the spread of the small 
 pox ill the county of Tallapoosa, and for other pur- 
 poses. 
 
 Sec. 1. Be it enacted by the Senate and Home of Jlcpre- 
 sentatives of the State of Alabama^ in General Assembly 
 convened, That the sum of three thousand doUars, or !'\T """""*"!* 
 so much tliereor as ma}' be necessary, be and the same an-d- 
 is hereby approjtriated out of any money in- the treas- 
 ury, not otherwise appropriated, for the purpose t)f en- 
 abling tlie court of county ccnnniissioners of the coun- 
 ty ot Tallapoosa, to take prompt and cflicient measures runwse of the 
 to arrest the spread of small pox, and alio rd relief to "'''""''''''"""■ 
 the poor of said county alHicted therewith. 
 
 Sec. 2. Be it further enacted. That the comptroller be roniptroiur <n 
 and he is hereby authorized to dj-aw his warrant on the draw h\n w;,r- 
 treasurerfor said sum, or so much thereof as may be™"' 
 
1862. 168 
 
 necessary in favor of the judge of probate of said 
 county. 
 Approved November 26, 1862. 
 
 Ko. 160.] AN ACT 
 
 More cftectually to provide for the support of the indi- 
 gent families of sohliers in the Confederate army 
 from the county of Walker. 
 
 Sec. 1. Be it enacted hy the Senate and House of Rep- 
 resentatives of the State of Alabama in General Assembly 
 convened, That the court of county commissioners of 
 ^''county com- ^^^alkercouiity, be and they are hereby authorized to 
 nnssioners may }ij{,e guch number of slavcs as in their discretion they 
 may deem proper, and to re-hire the same in their coun- 
 ty to responsible parties, taking notes or bonds with 
 two good securities payable in provisions, to be deliv- 
 ered in the year 1863, at such times, places, prices, in 
 such quantities, and of such kind as may be agreed up- 
 on, which provisions shall be distributed to the indi- 
 gent families of soldiers in the State or Confederate 
 army, as provided in an act to provide for the support 
 of the indigent families of soldiers in the Confederate 
 army from the State of Alabama, approved November 
 12, 1862. 
 
 Sec. 2. Be it further enacted. That to carry into effect 
 
 the object contemplated in the foregoing section, the 
 
 May_^einpioy an g,^-^ court is hereby authorized to employ an agent at 
 
 such price as may be just and reasonable to make all 
 
 necessary contracts for the hiring of said slaves under 
 
 the direction of said court, ajid said court is hereby au- 
 
 How agent may thorizcd to pay the hire of said slaves and such agent 
 
 be paid. ^^^jj^ (^j- ^[jg moucy or funds appropriated, or which may 
 
 be appropriated to said county under the provisions of 
 
 the above cited act. 
 
 Approved November 26, lB62. 
 
169 1862. 
 
 No. 161.] AN ACT 
 
 To give the Probate Judge of Coffee county jurisdiction 
 of the Estate of John J. Allsubrooks, late of Cov- 
 ington county. 
 
 Section 1. Be it enacted b>/ the Senate and House of Rep- 
 resentatices of the State of Alabama in General Assembly 
 convened, H'hat whenever James W. Stailings ai.d Ma- ^.fj^JJ^f "°°' p'"^- 
 tilda Allsabrooks, administrators of the estate of John 
 J. Allsabrooks, late of Coviiigton county, deceased, 
 shall have made a settlement in the probate court of 
 Covington county, of their administration of said es- ^ . ^f probate 
 ta to, as far 518 they shall have administered the same, judge, 
 and shall have-paid tiie costs accrued in said court upon 
 the same, it shall be the duty of the probate ja<lge of 
 Covington count)', upon the jipplication of said admin- 
 istrators, to transmit to the probate court oi' Coffee 
 county the original papers on lile in his office, pertain- 
 ing to said estate, and a certified copy of all ihe orders, 
 entries, and decrees, on the minutes of his court, and 
 thereupon ihe probate court of Coliee county shall have 
 as full and completejurisdiction of said estate, as though 
 said deceased had died a resident citizen of said county 
 of Cofiee : Provided, That l»efore this act shall take 
 etfect, the sureties on the official bond of said adminis- 
 trators, shall tile their written assent to the provisions 
 of this act, in the probate court of Covington and Cof- 
 fee counties, or in default of such assent, a new bond 
 be given by said administrators, to be approved of by 
 the probate judge of Cofiee county. 
 
 Approved November 2<3, 1862. 
 
 _ \ 
 
 No. 162.] A^' ACT 
 
 To give the Probate Judge of Butler County jurisdic- 
 tion over the estate of Benjamin W. Campbell, late 
 of Pike Count^, deceased. 
 
 Skc. 1. Be it enn/ied by the Senate and Home of Repre- 
 acntativea of the State of Alabama in Genei'al Assembly conditioBt or 
 convened, That wljeiiever Mary A. Campbell, executrix ^J*';,"^*'^ J"'' •• 
 of the estate of Benjamin W. Campbell, late of Piko 
 
1862. 170 
 
 county, deceased, sliall liave made a settlement in the 
 probate court of Pike county, of her administration of 
 said estate, as far as she shall have administered the 
 same, and shall have paid the costs accrued in said 
 court upon the same, it shall be the duty of the pro- 
 bate judge of Pike county, upon the application. of said 
 executrix, to transmit "to the probate court of Butler 
 count}', the original papers on file in his office, pertain- 
 ing to said estate, and a certified copy of all orders, 
 entries and decrees, on the minutes of his court; and 
 thereupon the probate court of Butler county shall 
 ha.ve as full and complete jurisdiction of said estate as 
 though said decedent had died a resident citizen of said 
 county of Butler.: Provided, That -before this act shall 
 sent of securi- take effect, the sureties on the official bond of said ex- 
 "^^" ecutrix shall file their written assent to the provisions 
 
 of this act, in the probate courts of Pike and Butler 
 counties, or in default of such assent, a ngw bond be 
 given by said executrix, to be approved of by the pro- 
 bate judge of Butler county. 
 Approved November 3, 1862. 
 
 ITo. 163.] AN ACT 
 
 To remove the estate of Nancy M. Thompson, deceased, 
 from Tuscaloosa to Greene county, in this state. 
 
 Sec. 1. Beit enacted by the Senate and House of Rep- 
 resentatives of the State of Alabama in General Assembly 
 convened, That at any time after the resignation and final 
 ^, , , settlement of Edward Rencher, as administrator or ex- 
 
 Wben probale _, p-vt \ t ttw -j.! 
 
 judge fif Greene ecut^^r 01 the cstatc -ot JNaucy M. iiiompson, in the 
 mfJistSn.^'' pi'obate court of Tuscaloosa county, it shall be lawful 
 for the probate judge of Greene county to grant admin- 
 istration upon said estate remaining .unadministered, 
 and to take full jurisdiction over said unadministered 
 estate, and make all orders and decrees in respect 
 thereto, as if said probate judge of Greene county had 
 had original jurisdiction over the same; and it shall be 
 lawful for the administrator of said estate, appointed 
 by the probate judge of Greene county, to remove the 
 slaves and other personal property belonging to said 
 estate from Tuscaloosa county to said Greene county, 
 
171 1862. 
 
 Sec. 2. Be it further enacted, That after the resigna- Duty of judge of 
 tion, settlement, and appointment mentioned in tj^g ''■"''^=^'°''5'»' 
 first section of this act, it shall be the duty of the pro- 
 bate judge of Tuscaloosa county to transfer to the pro 
 bate court of Greene county, all the original papers on 
 file in his office relating to said estate, together with 
 copies of all orders and decrees in respect thereto, duly 
 certified un<]er his hand and the seal of the court. 
 -Approved November 18, 1>62. 
 
 No. 64.] AN ACT 
 
 In relation to the real estate of Duncan L. Nicholson, 
 deceased. 
 
 Sec.' 1. -Z?e it enacted by the Senate and House of Repre- 
 sentatives of the State of Alabama in General Assembly 
 convened, That ,it shall be lawful for the probate court .^ 
 of Pike county to authorise Mary A. Nicholson and J. cedent'tosairoi- 
 T. Russell, as the personal representatives of the estate '^*"''"'*'®" 
 of Duncan L. Nicholson, deceased, late of said county 
 of Pike, on the hearinsx of an application properly filed 
 
 t .1 • • 1 i *"/• ^1 I r ^1 I . f. At private or 
 
 by them m said court, for the sale or the real estate of puwicsaie. 
 
 said decedant in said county, to sell such real estate at 
 
 private, instead of public sale, if it shall be proved to 
 
 the satisfaction of the court that the parties in interest 
 
 will not be prejudiced thereby ; but the proceedings of Action roust con- 
 
 the courL on snch a[)pIication, and the action of,the said '^'"''°' 
 
 representatives of said estate, must conform in all other 
 
 respects to the laws now in force, which regulate the 
 
 proceedings of courts of probate in relation to the sale 
 
 of hinds of intestates in such cases, it being the inten- ^"°'**"*'°' 
 
 tion of this act to enlarge the powers of said court of 
 
 probate of Pike county, so far only as to authorise it 
 
 to grant the present rej>resentatives of said estate to 
 
 sell the real estate thereof at- private, instead of public 
 
 sale. 
 
 Approved November 10, 1862. 
 
1862. 172 
 
 Ko. 165.] AN ACT 
 
 To aid the Executors of tlie will of George G. Tank- 
 ersly, Sr., to probate the same. 
 
 Preamble. 
 
 "Whereas, Ben B. Little and Robert Tankersly liave 
 propounded for probate, in the probate court of Sumter 
 county, an instrument in writini; purporting to be the 
 last will and testament, \yith a codicil thereto, ot George 
 G. Tankersly, sr., deceased, late of said county; atid 
 whereas, Felix Tankersly, a minor heir of said testator, 
 who is over tlie age of fourteen, to-wit: nineteen years 
 of age, is absent in the army in the State of Virginia, 
 and a citation cannot be personally served on him as by 
 lawrequiicd; therefore, 
 
 Sec. 1. Be it enacted l-y the.Senate and House of Iiejyre- 
 sentatives of the State of Alabama in General Assembly 
 eeieaC^"" ''"' conveiicd^ That upon the said Ben B. Little and Robert 
 Tankersly filing in the probate court of Sumter county 
 the written waiver of personal service by the said Felix 
 Tankersly, the probate judge of Sumter county may 
 proceed to admit tlie same to probate in the same way, 
 as though the said Felix Tankersly had been brought 
 into court by personal service. 
 
 Approved November 7, 1862. 
 
 Conditions pre- 
 
 No. 166.] AN ACT 
 
 To authorise James L. Hibbler and S. D. Sessums to 
 administer on the estate of W. 11. Hibbler. 
 
 Section 1. Be it enacted by the Senate and House of Rep- 
 resentntives of the Slate of Alabama in General Assembly 
 convened, That the probate judge of Sumter county in 
 this state be, and .he is hereby authorised and required 
 to grant letters of administration, on the estate of Wil- 
 liam II. Kibbler, to James L. Hibbler and S. D. Ses- 
 sums, or either of them, notwithstanding the;y are non- 
 residents, upon giving bond, with sufficient securities, 
 residents in this state. 
 
 Approved December 9, 1862. 
 
173 1802. 
 
 No. 167.] AN ACT 
 
 To autliorise the court of probate of Macon county to 
 grant letters of administration ujjon the estate of 
 Martin G. Jackson, hite of Tallapoosa county. 
 
 Section 1. Be il enacted bj the Se"ate and House of Bep- 
 7'esen(aiices of the. State of Alabama in General Assembly 
 convened, That the court of probate of Macon county 
 have authority to take jnrisfliction of the administra- 
 tion of the estate of Mjirtin G. Jackson, deceased, late 
 of the county of Tallapoosa, to grant letters of admin- 
 istration thereon, and to do and perform all thinirs ne- 
 cessary and pro[)er, to cause the estate of said deccdunt 
 to he settled and distributed in accordance with the 
 laws of this state, as fully and efi'ectually as if the said 
 decedant had been a resident citizen ot the said county 
 of Macon, at the time of his death. 
 
 Approved Deceii. ber f>, 1802. 
 
 No. 1G8.] AN ACT 
 
 In relation to the estate of Lewis L. Lan<rham. 
 
 Sec. 1. Be il enacted bi/ the Senate and House of Repre- 
 senf.atives of the State of A la bain a in General Assemble/ what the pro- 
 convened. That the iudjre of the i)robate court of Moi)ih^ ^'''' j"<^kc oi 
 
 1 1 1 • 1 1 11 Mot)ile is author' 
 
 county be, and lie is hereby authorised to cause true iz-;«i to uo. 
 copies to be made, and duly certified, of all the acts 
 and doings of record in said court respecting tlie last 
 will and testament of Lewis L. Langham, deceased, and 
 and the administration of his estate, and deliver the 
 same to Garland Good and John K. ILiwthorn, tlie ex- 
 ecutors, or eitlier of them. 
 
 Sec. 2. Be it farther enacted. That as soon as the „ , 
 cxemplication sliall be handed over to the judge ot (Jiecaton ruii ».i- 
 proitate court of Wilcox county, it shall be lull author- *'"*"''' 
 ity for the judge of the iirol)afe court of W'ilcox to pro- 
 ceed with the business of said estate, in all matters as 
 if the will of said Langham had been proved in said 
 county, and the administration of said estate hud ori- 
 ginally commenced there. 
 
 Si:c. 3. Be it further tnactedy That the said executors 
 
1862. 174 
 
 Executors au- be, and are hereby authorised to remove the negroes 
 raove^the prop- and all the property of said Lewis L. Langham from 
 *'"'^- Mobile to Wilcox county. 
 
 , , . . . .. Sec. 4. Be it further enacted, That from and after the 
 
 Administration ,.,.•'. • r. i i • tit-i 
 
 to cease in Mo- said exemplification 18 tiled in Wilcox count}^ as atore- 
 said, the administration shall cease and determine in 
 
 Previso. the couuty of Mobile : Provided, always, that all expen- 
 
 ses that are now, or may be due in the probate court of 
 
 Further proviso. Mobile, be paid by the executors : And provided further, 
 that before this act shall take effect^ the securities of 
 said executors shall file their written consent to the 
 transfer of said estate from the county of Mobile to the 
 county of Wilcox, in the probate court of each of said 
 counties. 
 Approved December 2, 1862. 
 
 No. 169.] - AN ACT 
 
 To authorise the removal of the estate of John B. Chris- 
 tian, deceased, from the county of Butler to the coun- 
 ty of Wilcox. 
 
 Section. 1. Be it enacted hy the Senate and House of Rep- 
 resentatives of the State of Alabama in General Assembly 
 convened, That the administration of John B. Christian, 
 AdminiBiration deccascd, uovv pendiiiiT in the court of probate of But- 
 ler county, be, and the same is hereby removed from 
 the probate court of Butler county to the probate court 
 of Wilcox, twid the said court of probate of Wilcox 
 is hereby invested with full jurisdiction and author- 
 ity over said estate, and may make all orders and de- 
 crees in relation to the administration thereof, as if said 
 Bu°ier'^lrtfuns- letters had been originally granted in the county of 
 fc. Wilcox; and the judge of the said probate court of 
 
 Butler is hereby authorised and required to transfer to 
 transfer to said probate court of Wilcox county all the 
 original papers on file in his office relating to said es- 
 tate, together with copies of all orders and decrees, du- 
 Proviso as to ly Certified under his hand and seal: Provided, that be- 
 tLr^must'do.'^^'^* fore this act shall take effect, the administrator of said 
 estate shall make a fall settlement of his administration 
 in the probate court of Butler county, and shall file a 
 new bond payable to, and approved by, the judge of 
 
175 1862. 
 
 probate of Wilcox county, in such sum as the said judge 
 may require according to law, as in other cases of ad- 
 ministration. 
 Approved December 1, 18G^. 
 
 Kg. 170.] A?^ ACT 
 
 To legalise private sjik-s nindc by the Administrator of 
 Alvin Burrows, deceased. 
 
 Sec. 1. Be it enacted by the Senate and 'Souse of Repre- 
 sentatives of the State of Alabama in General Assembly 
 convened^ That the sale by Thomas Williams of We- 
 tumpka, as administrator of Alvin Burrows, deceased, 
 of machinery, stock, and other articles, to Hon. John 
 Gill Shorter, governor, for the use and benefit of the 
 state, is hereby legalised, as fully as though done ac- 
 cording to law, as well as any other private sale by said 
 administrator of the efiects of said estate. 
 
 Approved November 21, 1862. 
 
 No. 171.] AN ACT 
 
 To authorise George Goldthwaite to rent or lease the 
 real e.-tate of his ward by private contract. 
 
 Sec. 1. Be it enacted by the Senate and House of Repre- 
 sentatives of the State of Alabama in General Assembly 
 convened, That George Goldthwaite, guardian of Ann 
 Goldthwaite, be authorised to lease or rent th •' es- 
 tate of sa'd ward by private contract. 
 
 Approved November 21, 1862. 
 
1862. 176 
 
 Ko. 172.] AN ACT 
 
 To authorize the Executors of N. B. Powell, deceased, 
 to dispense with certain returns and settlements in 
 the Probate Court. 
 
 Sec. 1. Be it enacted hy the Senate and House of Mejy 
 resentatives of the State of Alabama in General Assembly 
 coiwened, That in acconlance with the will of N. B. 
 i'owell,* deceased, late of Mucon county, his executors 
 are hereby relieved from making any inventories, re^ 
 ■ turns, or annual settlements, in the probate court of 
 said count}', nor shall any appraisement of said estate 
 be required by said court. 
 
 Approved November 25, 1862. 
 
 No. 173.] AN ACT 
 
 To authorize the Confederate States to purchase and 
 hold, in Alabama, a site- for Rolling Mills, Foundry, 
 &c., for the manufacture of Ordnance, &c. 
 
 Sec. 1. Be it enacted hythe Senate and House of Bepre'' 
 sentatives of the State of Alabama in General Assembly 
 
 Authority grant- CO?? fe?ie(/, That the government of the Confederate 
 
 "^^^ States, or the proper department thereof, for the use of 
 
 said Confederate States, or the Congress tliereof, shall 
 have permission, and lull authority, to purchase, on the 
 line of the Alabama and Tennessee River Kail Eoad, 
 
 Location limited ,^11^1 j^^^|^| within this State, a site for a foundry, rolling 
 mills, and other machinery, for the fabrication or man- 
 ufiicture of arms, munitions, heavy ordnance, and other 
 
 j)o^eJ ^''** ^"''articles useful in war, not exceeding one mile square in 
 territorial extent, and exercise, under the authority of 
 the Congress of the Confederate States, all pn^per ju- 
 
 jurisdiction. risdictiou ovcr the said one mile square, not inconsist- 
 ent with any ordnance which may hereafter be adopted 
 by nny convention of the people of this State. 
 
 Sec. 2. Be it farther enacted, That to enable the Con- 
 
 Anthority as to federate States to obtain wood, stone, or any other 
 
 *'*°^' *"'°*' *"■ material necessary to the buildings, and successfully 
 carrying on the mills and machinery, established on the 
 said site mentioned. in the first section of this act, the 
 
177 1862. 
 
 Confederate States shall have the ri<rh,t and authority 
 to enter, or purchase, any of the public hinds of this 
 State, and to purchase from individuals or corporations, 
 lands for the purposes aforesaid. 
 Approved Koveniber 17, 1862* 
 
 No. 174.] AN ACT 
 
 To amend An act entitled " An act to authorize the 
 Confederate States to purchase and hold in Alabama 
 a site for Rolling Mills, Foundry, &c., for the manu- 
 facture of Ordnance, &c.," approved Nov. 17, 1802. 
 
 Sec. 1. Be it enacted hy the Senate and House of Eep- 
 resentatives of tl<e Slate of Alabama in Gendral Asscmhbj 
 convened. That the words "on the line of the Alahama 
 and Tennessee River Rail Road," where they occur in 
 the act entitled ' An act to authorize the Confederate 
 States to purchase and hold, in Alabama, a site for roll- 
 ing milU, foundry, &c., approved November 17, 18G2, 
 be and the same are hereby stricken out, and the said 
 act is hereby so amended as to authorize the govern- 
 ment of the Confederate States to purchase and li^'<i .J"/"'' p«'' 'f 
 the site for a foundry, &c., referred to in the said act, 
 in atiy part of this State. 
 
 Approved November 20, 1862. 
 
 No. 175.] AN ACT 
 
 To amend An act to require the Commissioner of Pub- 
 lic Lands to issue a patent to Martha Can-nil. of 
 Calhoun county, approved December 9, 18G!. 
 
 Sec. 1. Be it enacted hy the Senate and JTonse of lierre- 
 scntatives of the State of Afabama iri General Assenddi/ 
 convened, That the said act be so amended as to require 
 the commissioner of jtublic lands to issue a patent to 
 Martha CarroM for the north-east quarter of the north- ^ 
 east quarter ot section three, township fourteen, range u tr»pt. 
 six, in Calhoun county, instead of the north-west quar- 
 
 12 
 
1862. 178 
 
 ter of the north-east quarter of said section, townsliip^ 
 aud range, as authorized by said act. 
 Approved December 5, 1862. 
 
 No. 176.] AN ACT 
 
 To repeal in part An act approved 11th day of Febru- 
 ary, 1854, constituting Seabourn "W. ilarvili and 
 Samuel B. Harvill liners, &c. 
 
 Sec. 1. Be it enacted hy the Senate and House cf Mep- 
 
 resentatives of the State <■/ Alabama in General Assembly 
 convened. That so much of said act as relates to Sea- 
 bourn W. Harvill is hereby repealed. 
 Approved December 20, 1862. 
 
 No. 177.] AN ACT 
 
 For the relief of soldiers in the service of the Oohfec^- 
 erate St^ates. 
 
 Sec. 1. Be H enacted by the Senate and House of JRepre- 
 sentatives of the State of Alabama in General Assembly 
 conve ed, That hereafter it shall be the duty of the sev- 
 
 «o«ifl'^V«^'"»-.^''6ral solicitors in each circuit, to enter a nol,2>ros in all 
 cases, where any person, or persons, may have been in- 
 dicted for a misdemeanor only, and such person, or 
 persons, are soldiers in the service of the Confederate 
 States, or when such person, or persons, may have been 
 honorably discharged therefrom since the indictment 
 
 PrtTiso. -y^-as found: Frovided, That if in the opinion of thepre- 
 
 sidiiigjudge the public good requires it, no such fewtry 
 shall be made. 
 Approved November 7, 1862. 
 
179 1862. 
 
 No. 178.] AN" ACT 
 
 .,For the relief of indigent fiimilies of soldiers in Sum- 
 ter and Walker oounties. 
 
 '■ ' ^ t 
 
 Sec, 1. Be if enacted by the Senate and House of Rep- 
 *-rcs€ntotives of the State of Alabama in General Assemhhj 
 
 convened^ That the court of county coniniissionors offhoHgfed"tTiK>"- 
 .;['Suniter count}' be, and is hereby authorized to borro-w®* money, 
 "a sum of money, not exceeding ten thousand dollars, 
 and to appropriate the same for the support of the in- 
 digent families of soldiers in said county, as directed 
 by the act entitled "An act to previde for tlic support n®'''^''«*p»"^- 
 of the indigent families of soldiers in the Confederate 
 army from the State of Ahibama." 
 
 Sec. 2. Be it further enadedy That the court of conn- c„ni'r» court of 
 tv commissioners of Sumter countv, is herebv author- sumtcrtoicvya 
 
 •lil -1^ • -1 '- . 1- special lax. 
 
 ized to levy a special tax m said county, not exceeding 
 in any one year fifty per cent, on the State tax, for the 
 
 , purpose of repaying any sum borrowed, under the first 
 
 ipBection of this act. 
 
 Sec. 3. Be. it further enacted. That similar powers similar pow.rsio 
 
 i^jBi\u\ authority granted to, and vested in the court ofwllJkcr county." 
 
 ' county commissioners of Sumter county, are hereby 
 
 .granted to and vested in the court of county coinmis- 
 
 i'eioners of Walker county. 
 
 C Anprovc.l Xru-,.t.,l>.M- 28, 1862. 
 
 ClaMScof 
 
 No. 170.] AN ACT 
 
 'For the relief of certain officers in Sumter county. 
 
 Skc. 1. Be it enacted hy the Senate and Hojise of Rep- 
 reseniativefi of the Stoic <f Alabama, in General Assembly ^ 
 courrned, Thnt tlie 27tli chiuse of section 3047, of theaD7cudoi. 
 Code of this State, l)e in d the same i;^ hereby umc^ndctl 
 BO a.s to read two hundred jjollara. instead of one hun- 
 dred and fifty doHars: Proviifed however^ Tiiat this Provign. 
 nmendnient of said section, shall only apply to the 
 county of Sumter. 
 
 Skc. 2. Be «V/f/r//*rr r./?'?r:rc//. That the sheriff of Sum- Fhriffio'ppotn* 
 ter foniity be, and he is hereby authorized to ajtpoint * '*'''''^' 
 R bailirt* to uttciiJ on tliechuncury court of said cotinty, 
 
1862. 180 
 
 ■ • 
 
 and tliat such bailift" shnll be allowed two dollars per 
 day wliile in attendance on said court, to be paiil out 
 of the treasury of said county, on the certificate of the 
 register of said court. 
 Dntyofcoinmis- Sec. 3. BeAt further enocted, That it shall be the duty 
 sJener'B court, ^f ^j,g court of couu ty coniniissioners of Sumtcr couuty 
 to appropriate out of the treanurj' of Sumter county, 
 sech sum or sums as shall be necessary to pay for fire 
 wood necessary for and actually furnished to the ofKces 
 of the probate judge, circuit clerk, register and sheriflF 
 ot said county. 
 ProvisTons ex- Sec. 4. Be U further eiiocled, Tlrat the provisions of 
 ^"i^co.lS.y!'*'"' shall apply to the county of Chambers also. 
 Approved November 8, 18G2. 
 
 No. 180.] AN ACT 
 
 For the relief of Orion L. JMiillips, of tbe county of 
 Chan.bers. 
 
 Section 1. Be it evaded by the Senate and House of Bep- 
 resenta lives of the State of A'abama in General Assembly 
 con.ened, ThatOrioji L. ThiHips, a minor of the county 
 of Chambers, be and lie is hereby authorized' to man- 
 age and transact all business connected with his estate, 
 ner'.'^uthoriw'd and that all contracts, which he shall make after the 
 Vu3i^«^',Tc.'''''P'^»sage of this act, shall be as legal and of as full ef- 
 fect as though he were twenty-one years of age, and 
 be IS hereby fully authorized to settle with and receive 
 his property from his guardian, and also with the guar- 
 dian of his wile, and receive the property coming to 
 Lis wife, as fully as though he were of age.^ 
 {^Approved November 7, 1862. 
 
 No. 181.] AN ACT 
 
 For the relief and benefit of John F. Pagles, of Mobile. 
 
 Sec. 1. Be it enacted by the Senate and House of Bepre- 
 sentatives of the State of Alabama in General Assembly 
 convenedj That John F. Pagles, of Mobile, a minor, be 
 
181 1862. 
 
 and he is hereby authorized to miinago, control, rent 
 and hire his property, consisting of real and personal 
 estate, in the city of Mobile ; to make contracts and 
 settlements; to sue and be sued, as fully in every re- 
 spect as he could do were he of age. 
 Approved November 7, 1862. 
 
 Ko. 182.] AN ACT 
 
 For the relief of J. P. Cantpoll, of Marion county, and 
 for other purposes. 
 
 Sec. 1. Be it enacted by the Senate and Home of Repre- 
 sentatives of the State of Alabama in General Asseinbhj 
 convened, That J. C. Metcalf, administrator of the os- ^^y"^^^. 
 tate of \V. C, M. All man, deceased, formerly sheriff of ireiL 
 Marion county, be and ho is hereby authorized to pay 
 the sum of three hundred eighty-seven and 80-100 dol- 
 lars to J. P. Cantrell, administrator on the estate of 
 E. 13. Cody, deceased. 
 
 Sec. 2. Be it farther enacted^ That the judge of pro- judge shaii re- 
 bate of Marion county shall receive said Cantrell's re- ^^^n^reir''" "' 
 ceipt as a proper voucher, on settlement of said estate 
 from J. li. Metcalf, administrator on the estate of \V. 
 C. M, Allman, deceased, upon proof <liily made that 
 the judgment provided for in the preceding section, has 
 been actuall}'^ made as therein prescribed. 
 
 Approved November 21, 1862. 
 
 ft 
 
 No. 183.] AN ACT 
 
 For the relief of Thos. Williams, administrator on the 
 estate of Alvin Burrows. 
 
 Sec. 1. Be it enacted by the Senate and House of Ii<p- 
 resentatives of the State of Alabama in General Assembly 
 Convened^ That the comptroller be, and he is hcrel)y au- 
 thorized to draw his warrant upon the treasurer of ^hc j^^;j^P,'!;^^'*'^ 
 State of Alubamn, in favor of Thomas Williams, ud- for leoiia »7 
 rninistrator of Alvin Burrows, for the sum of six thou- 
 sand and ninety-two 37-100 dollars, and that when said 
 
 rant 
 
1862. 182 
 
 Williams produces the certificate of the treasurer that 
 he has paid into the treasniy the sum of six thousand 
 and ninetj-two 37-100 dollars, the amount due from 
 said Burrows to the State, for the lease of the peniten- 
 tiary, then the comptroller of the State shall deliver to 
 said Williams, all the bonds executed by said Burrows 
 to the State, as lessee of the penitentiary. 
 Appro^'ed November 14, 1862. 
 
 No. 184.] AN ACT 
 
 For the relief of Adele Louise DuBose, of Marengo 
 county, as Administratrix of Isaiah DuBose, late of 
 said county, deceased. 
 
 Sec. 1. Be it enactnd hy the Senate and H^use of Rep- 
 resentatives of the State of Alabama in General Assembly 
 convened^ That Adele Louise DuBose, as administratrix 
 of Isaiah DuBose, late of Marengo county, deceased, 
 ihorisecTtodo. l>e and she is hereby authorised and empowered to oc- 
 cupy and cultivate the lands of the estate of her said 
 intestate with her own, and to work and use jointly with 
 her own slaves, horses, mules and oxen, and other prop- 
 erty on said plantation, the slaves, horses, mules and 
 oxen, and other property of said estate, so long as said 
 estate sliall be kept together, under the order of the 
 probate court of said county. 
 What she is en ti- Sec. 2. Be it further enacted, That said Adele Louise 
 tied to receive. [ uBose, shall be entitled to receive from said estate 
 such portion of the proceeds and profits, arising from 
 the joint cultivation and use of said estate, as the said 
 judge of probate may consider equitable, and on any set- 
 tlement by her, as administratrix as aforesaid, the said 
 court shall .idlow her a credit for the portions of profits 
 and proceeds allowed as aforesaid. 
 Approved November 17, 1862. 
 
 What she is au- 
 
183 S 1862. 
 
 No. 185.] AN ACT 
 
 For the relief of George iSTcwman, Guardian of James 
 N. Trawiek. 
 
 Sec. 1. Be it enacted by the Senate and House of Rep- 
 resentatives of the State of Alabama in General Assembly 
 convened^ Tliat the comptroller of public accounts be, 
 and he is hereby authorised and required to draw his 
 warrant on the treasurer, to be paid out of any money 
 not otherwise appropriated, for the sura of twenty-nine 7raw™ii8WMM 
 and 41-100 dollars, in favor of George Newman, gaar-io'"*29 4i 
 dian of James N. Trawiek, it being the amount erro- 
 neously collected of the said George Newman, guardian 
 as aforesaid, by the tax collector of Henry county for 
 the year 18G2, as shown by tbe assessment. 
 
 Approved December 1, 1862. 
 
 to 
 arrant 
 
 ^ No. 186.1 AN ACT 
 
 f 
 
 r-Tor the relief of Sarah C. Reese, Guardian of Alice 
 * C. l\eese. 
 
 ir. 
 
 ■ Sec. 1. i?e it enacted hy the Senate and IIouss of llep- 
 esentatives of the State of Alabam in General Assembly 
 conrencd, That the court of probate of the county of 
 Lowndes be, and tbe same is hereby empowered, upon 
 the application of Sarah C. Reese (^f said county, guar- wha the guar- 
 dian ol Alice C. Reese, upon a satisfactory showing tofbori^^d'*!'/" 
 
 bo au- 
 
 to do. 
 
 the said court that it will conduce to the interest of the 
 said ward, to grant an order authorising that said guar- 
 dian, on the lands owned by herself and ward jointly 
 and e(pially, to employ an equal number of hamis with 
 the han<Js of her ward, and for such time as it will be 
 to the interest of said ward, and that in her annual ac- 
 counts, as guardian, with the said court, she shall charge 
 herself with one half of all the profits accruing from 
 such lands so worked jointly, and credit herself with 
 one half the expenses of the same : Provided, before ob- Pro»i»o a« lo 
 taining such order, she shall lile with the judge of pro- mkT* *"^' 
 bate the a.ssrnf. in writing, of the securities on her 
 
1862. I 184 
 
 guardian bond, and that such order shall in no way im- 
 pair their obligations thereon. 
 Approved December 5, 1862. 
 
 No. 187.] AN ACT 
 
 For the relief of Mary and Nancy Jarvis, of Coosa 
 
 county. 
 
 Sec. 1. Be it enacted by the Senate and House of Repre- 
 sentatives of the State of Alabama in General Assembly 
 convened, That the court of county commissioners of 
 the county ot Coosa be, and they are hereby author- 
 ^orileTto'cnn^ ^sed to coutract with Henry II. I'atridge, for the keep- 
 tract for their jng and maintainance of Mary Jarvis and Nanc}' Jarvis, 
 paupers of said county, at a price not exceeding the cost 
 of keeping and maintaining said paupers in the poor 
 house of said county, and to be paid out of the poor 
 iund of said county, as in case of other paupers, any 
 law to the cojitrarj^ notwithstanding. 
 Approved November 28, 1862, 
 
 No. 188.] AN ACT 
 
 For the relief of George W. Franklin and John Tyler 
 Franklin, of Coosa county. 
 
 Sec. 1. Be it enacted by the Senate and House of Repre-. 
 sentatives of the State of Alabama in General Assembly 
 convened, That George W. Franklin and John Tyler 
 De«iaredciuzen8 Franklin, of the couuty of Coosa, bc and are hereby 
 declared citizens of the State of Alaoama, and are 
 hereby invested with all the rights and privileges, im- 
 munities and franchises, both political and civil, of citi- 
 zens of the State of Alabama. 
 
 Approved December 4, 1862. 
 
185 ', . .. . . 1862. 
 
 No. 189.] AN ACT 
 
 For the relief of Archibald B. Bell, of Calhoun county. 
 
 Sec. 1. Be it enncied hy the Senate an^J Bouse of Rep- 
 resenfative of the State of Alabama in General Assembly 
 convened, That the commissioner of puhlic lands be, gugj"' " ''° "*" 
 and he is hereby authorised to issue a patent to Archi- 
 bald B. Boll, of Calhoun county, State of Alabama, for 
 the west half of the southeast quarter of section num- 
 ber twenty-two, in township seventeen of range seven, 
 containing eighty and 33-100 acres. 
 
 Approved I^ovember 17, 1862. 
 
 No. 190.] AN ACT 
 
 For the relief of Archibald G. Campbell. 
 
 Sec. 1 . Be it enacted by the Senate and House of Ile}>- 
 resentatives of the State of Alabama in General Assembly 
 concened, That Archibald iy. Campbell be, and he is 
 hereby antiiorised to purchase from the State of Ala- *jj*f*«jp"*>" "*■ 
 bama, the northwest quarter of section thirty, (30,) 
 township eighteen, (18,) range nineteen, (19,) in the dis- 
 trict of land formerly subject to sale at Cahaha in said 
 state, at the price of one dollar and twenty-five cents 
 per acre, and that upon Jiis i)aying into the proper land 
 cilice of said state the said purchase money, the com- 
 missioner of public lands of said state be, and he is 
 hereby authorised and required to issue to said Archi- 
 bald G. Campbell a patent for said tract of land. 
 
 Approved Novemher 18, 1862. 
 
 No. 191.] AN ACT 
 
 For the relief of Louisa Ann and William W. Davis. 
 
 Whereas, on the 10th day of June, 18o7, a bounty Pr,ambi«. 
 land warrant for 160 acres was issued by the govern- 
 meut of the United States to Louisa Ann Davis, John 
 
1862. 186 
 
 T. Davis and William W. Davis, minor heirs of Dyer 
 Davis; And whereas the said John T. Davis departed 
 this life while a minor, leavinij; as his onl^' legal heirs 
 the said Louisa Ann and William W. Davis; And 
 whereas the said William W. Davis is now and was on 
 the 11th day of January, 1861, a citizen of the State 
 of Georgia, therefore 
 
 Sec. 1. Be it enacted by the Senate and House of Rcpre- 
 sentaikes of the State of Alabama in G'neral Assembly 
 convened, That the said Louisa Aun Davis and William 
 Power to local* W. Davis, be and they are hereby authorized to locate 
 said bounty land warrant (No, 67104) upon any of the 
 public or unappropriated lands of this State subject to 
 entry : Provided, That said land warrant shall be val- 
 ued in its location at the minimum price the land upon 
 which it is proposed to be located, is subject to entry 
 and sale at the time the same is oftered for location. 
 
 Approved, December 8, 1862. 
 
 land warrant. 
 
 Proviso. 
 
 No. 192.] AN ACT 
 
 For the relief of James Ileaden, of the county of Tal- 
 ladega. 
 
 Sec. 1. Be it enacted by the Senate and House of Rep- 
 resentatives of the State of Alabama in General Assembly 
 convened, That it shall be the duty of the register and 
 Description of receiver at Centre, Alabama, to perfect the location of 
 the land. north half of the southeast quarter and south half of 
 
 the northeast quarter of section 35, township 16, range 
 five, made with a military land warrant by Zauhariah 
 B. Sims, and report the same to the coinmi-ssioner of 
 the general land office, referring to this act, as author- 
 ity for the same. 
 
 Sec. 2. Be it farther enacted, Tliat upon the said re- 
 Commissioner to turn being made to the commissioner, he shall cause a 
 ii»ie patent. patent to issuc for said tract to the said Zachariah B. 
 Sims. 
 Approved November 8, 1862. 
 
Hi 
 
 187 1862. 
 
 No. 193.] AN ACT 
 
 For the relief of Maluilda Robbs. 
 
 Wbereas, Mabulda Robbs was permitted on the 27th 
 day of Ma;Vt, 1859, at tbo hxiid office at Centre, to enter 
 the northeast quarter of section 19, and the northwest *°* 
 quarter of section 20, in township 19, of range 6, east, 
 in the Coosa hind district; And whereas said entries 
 were suspended by the proper department of the gov- 
 ernment of the United States, in consequence of the 
 donation of the quarter section first described above, 
 to the Alabama and Tennessee River Raih-oad Com- 
 pain-, which fact was not known at the district hiud of- 
 fice at the time the entries were made, therefore 
 
 Sec. 1. Be it enacted by the Senate and House of Rep- 
 resentatives of the State of Alabama in General Asseinbbj ^ 
 
 I mi . ^i i i.' ^1 »i .. ^ L' Description of 
 
 coivenea, lliat the entry ot the northwest quarter or land. 
 said, section 20, in township 19, of range 6, east, be and 
 the same is hereby confirmed, and that tlie commis- 
 sioner ot public lands be instructed to issue a patent, 
 for the same to the said Mahnlda Robbs. 
 Approved December 9, 1862. 
 
 No. 194.] AN ACT 
 
 * For the relief of tlie Assessor and the Collector of 
 Taxes for Madison and other counties. 
 
 Skc. 1. Be it enacted by the Senate and House of Repre- 
 sentatives of the State of Alabama in General Assembly 
 convened, That the tax assessor for ^[adison county be M"nT^y of'l.n"- 
 allowed until the first Monday in January, 1863, for "■y'l^^' 
 making and returning an assessment of the taxes of 
 said county for the year 1862. 
 
 Sec. 2. Be it further enacted, Tiiat the examination corrcciionof *» 
 
 1 .• x'l i ii I'ii KesgtBcDl to be 
 
 and correction oi such assessment must be made m thCm-Kie on the 2d 
 manner now prescribed by law, on the second Monday "^"^J^"''"'"''" 
 in January, 1863, or as soon thereafter as may be jirac- 
 ticable : Provided^ that before any tax assessor or taxProrito. 
 collector shall be entitled to the benefit of the provi- .Jfiffl**! 
 
 sions of this act, the written assent of the sureties on ^^^^' 
 
 his official bond, shall be acknowledged before the 
 
 1 
 
1862. 188 
 
 judge of probate of his county, and filed with the connp- 
 trollcr of public accounts. 
 Tax collector ai- Skc. 3. Be it farther enacted^ Tliat the tax collector 
 'dditlonar""'' (>f ^^ai*l county be allowed five months in addition to 
 the time now allowed by law, for collecting and paying 
 over the taxes assessed therein for the year 3/862. 
 Provisions ex- Sec. 4. Be it further enacted^ That the provisions 
 tended. ^^ ^j^j^^ ^^^ ^^ extended to the tax assessors and collec- 
 
 tors of the counties of Limestone, Franklin, Marshall, 
 Jackson and Morgan. 
 
 Approved November 19, 1862. 
 
 No. 195.] AN ACT 
 
 For the relief of the securities of John C. Burgess, late 
 Tax. Collector of Coosa county, for the years 1845 
 and 1846. 
 
 / Sec. 1. Be it enacted hy the Senate and House of Bep- 
 •aresentatives of the State of Alabama in General Assembly 
 convened, That the comptroller be and he is hereby au- 
 ^^araages ''^'"i'- ^j^^jpiged aud required to remit the damages on a judg- 
 ment against John C. Burgess, tax collector of Coosa 
 county, for the years 1845 and 1846, upon his paying 
 principal, interest and cost, within sixty days after the 
 passage of this act. 
 
 Approved December 4, 1862. 
 
 No. 196.] AN ACT 
 
 For the relief of Harrison J. Clark, Jr., Tax Collector 
 of Cherokee county. 
 
 Sec. 1. Be it enacted by the Senate and House of Bep- 
 
 resentatices of the State of Alabama in General Assembly 
 
 Time eictended cojivoncd, That Ilarrisou J. Clark, Jr., "tax collector of 
 
 for making ttt- . , , , i i • i i n i -i i 
 
 iiement. Cheiokec, couiity, be and he is hereby allowed until the 
 
 first day of May, 1863, to make his settlement as such 
 
 Consent of secu- tax collcctor: Frovldcd, that -before this act shall take 
 
 ritie8tobefiied.y^-^^(. ^^^ surctics ou the otfioial bond of the said tax 
 
189 1862. 
 
 collector shall file in the office ot the comptroller of 
 public accounts their written assent to its provisions. 
 Approved December 1, 1862. 
 
 No. 197.] AN ACT 
 
 For the relief of John P. Gates, late Tax Collector for 
 Pickens countv. 
 
 ^ 
 
 Skc. 1. Be it enacted hj/ the Senate and House of Rcpre- 
 se^itntmcs of the S ate of Alabama in General Assembly 
 convened^ That the sum of eleven hundred and seventy- 
 six 58-100*donar3 be, and the same is hereby appropri- JiTfelS!*"*"**' 
 ated to John P. Gates, late tax collector for the county 
 of Pickens, it being the amount of damages recovered 
 on a judgment against said Gates for the taxes of 1860, 
 and by him paid into the state treasury; and that the 
 coraptroUer of public accounts issue his warrant on the 
 state treasurer therefor, to he paid out ot any money in 
 the treasury not otherwise appropriated. 
 
 Ap[»roved December 2, 1862. . 
 
 No. 108. AN ACT 
 
 For the relief of William P. Green, Tax Collector for 
 Conecuh county. 
 
 Sec. 1. Be it evaded by the Senate and House of JRenre- 
 sentaiives of the State of Alabama in General Assembly 
 convened^ That William P. Green, tax collector of Cnnc-Timo extended 
 cuh county^ be and he is hereby aUowed until the fii'st ("j'^^^^'^;"'^ "*'■ 
 day of May, 1863, to pay into the state treasury any 
 portion of the taxes assessed against persons in the 
 military service of the Confederate States, or of this 
 state, which he may not be able to collect prior to that 
 time: Provided, the said William 1^. Green, before „ , 
 claiming the Itenent ot X\\m> act, shall lib.' with the comp- 
 troller of .public accounts tlic written assent of his se- 
 curities to the extension herein allowed. 
 
 Aj)proved DecMvl-"- 6, 1862. 
 
1862. 
 
 190 
 
 No. 199.] 
 
 AN ACT 
 
 For the relief of A. A. Grider, and others, Tax Collect- 
 ors in their respective counties. 
 
 Skc. 1. Be it enacted hy the Senate and House of Bep- 
 resenlatke.s of the State of Alabama in General Assembly 
 C07ivened, That A, A. Grider, tax collector of Jackson 
 county, shall have until the first da}- of March, 1863, to 
 make final settlement of his accounts as such tax col- 
 lector, with the comptroller of public accounts : Provi- 
 ded, that he shall first obtain the written consent of the 
 securities on bis otiicial bond, for such extension, and 
 file the same in the ofiice of the comptroller of public 
 accounts, before this act shall take eft'ect. '' 
 
 Skc. 2. JBe it further enacted, That tlie provisions of 
 tended to ethers, this act are hereby extended to William R. Day, tax 
 collector of Madison county; Thomas Hines, tax 
 collector of Limestone county; Thomas M. Phillips, 
 tax collector of Lauderdale county; F. M. Calloway, 
 tax collector of Alorgan county; John Clack, tax col- 
 lector ot Marshall county ; William Hulsy, tax collector 
 of Walker county; J>. Allman, tax collector of Law- 
 rence county: Provided, that the said several tax col- 
 lectors above named, in their respective counties, shall 
 obtain the written consent of their securities on their 
 official bonds, for such extension, and file the same in 
 the office of the comptroller of public accounts before 
 this act shall take effect. 
 
 Approved November 8, 1862. 
 
 Time tor final 
 settlement ex- 
 tended. 
 
 Proviso. 
 
 Provi'lons ex- 
 
 ProvlBo. 
 
 Preamble. 
 
 No. 200.] 
 
 AN ACT 
 
 For the relief of Samuel B. Harmon, Tax Collector of 
 Macon county. 
 
 Whereas, at th« November term, 1861, of the circuit 
 court of iMontjjomer} county, William J. Greene, comp- 
 troller of public accounts of the State of Alabama, re- 
 covered a judgment against, Samuel B. Harmon, tux 
 collector of Macon county, for the sum of five thousand 
 one hundred and thirty dollars and eight cents, princi- 
 pal ; ulso; the further sum of twelve hundred and eighty- 
 
 i 
 
191 1862. 
 
 two clolhii'3 raid fifty-two cents damages, and the further 
 sum of interest; and whereas, the 
 
 said Samuel B. Harmon lias paid into the treasury of 
 the state ^he full amount of principal, and a part of the 
 interest on saiil judgment. 
 
 Section 1. Be it enacted by the Senate and House of Hep- 
 resenfo.iives of the State of Alabama in General Assembly 
 convened. That upon the payment, hy the said Samuel 1'^*^""'^"' ''*'""' 
 B. Harmon, of the interest remaining due on said judg- 
 ment, that William J. Greene, comi)troller of pul)lic 
 accounts, be and he is hereby' authorised to enter a 
 remittitur upon said judgment for the damages thereon, 
 and that the said Samuel B. Harmon, and the securities 
 on his official bond, be and they are hereby released 
 from the payment of the amount of damages in said 
 judgment spcciticd. 
 
 Approved November 21, 1862. 
 
 No. 201.] AN ACT 
 
 For the relief of Moses Hornsby, Tax Collector of Tal- 
 lapoosa county. 
 
 Sec. 1. Be it enacted hy the Senate and House of Rep- 
 resentatives of the State of Alabama in General Assembly AppropriaHon «/ 
 eonrencd, That the sum of forty-one 18-100 dolhirs be, ^^^ i^- 
 and the same is hereby appropriated to Moses Hornsby, 
 tax collector of TaHapoosa county, being an amount of^*»y- 
 error in the abstract of the tax assessment returned to 
 the office of the comptroller ot public accounts, and 
 omitted to b(! embraced in the list of errors allov\ed by 
 the commissioner's court for the taxes of said county 
 for the year 1801, and by sanl tax rolloctor paid in the 
 state treasury upon the settlement of the taxes for that 
 year; and that the comptroller issue hiM warrant there- 
 for, to be paiil out of any moneys in tlie treasury not 
 otherwise ap[)ropriatcd : Provided, said tax c»)llect(r '"'■'"'''*'• 
 shall first tile in the comjitroller's olfice tiic certificate 
 of tlie jHobate judge, that said amount was notenibraced 
 in the former list of errors, &c. 
 
 Approved December 6, 1802. 
 
1862. 192 
 
 No. 202.] AN ACT 
 
 For the relief of Burrell Johnstou, Tax Collector of 
 Perry county. 
 
 Sec. 1. Be it enacted hy the Senate and House of Repre- 
 ficntatkes of the State of Aioliama in General Assembly 
 convtned, That the comptroller of public accol"!llt^t be, 
 and he is hereby required to make settlement with Bur- 
 
 tWst of errors rell JohustOll, taX CollcCtOr of Perry county, and to al- 
 and insolvencies , . • 1 -T) 11 T 1 .. J. ' 11 i • il 
 
 to be allowed, lowthc Said burrell Johnston, tax collector in the coun- 
 ty of Perry, the sum of seven hundred and sixty-five 
 dollars and four cents, being the amount ot errors and 
 insolvencies allowed bj- the commissioners' court of said 
 county for the year 1861. 
 Approved Decen.ber 2, 1862. 
 
 Preamble. 
 
 No. 203.] AN ACT 
 
 For the relief of James Meharg, late Tax Collector of 
 •Calhoun county, and his securities. 
 
 Whereas, W. J. Greene, comptroller of the State of 
 Alabama, on the 30tli day of November, 1861, obtained 
 two judgments, one for eleven nnndredand ten dollars 
 and seventy-three cents, and theother for thirteen thou- 
 sand six hundred and sixty-three dollars and seventy- 
 nine cents, in the circuit court of Montgomery county, 
 against Meharg, late tax collector of Calhoun connt}^ 
 and his securities J. P. Barley, Noah Goode, Elisha 
 McClelland, E. G. Dickie, lianiid Crow and L. D. Var- 
 non ; and whereas it is likely that said securities wnll 
 have to pay said judgments, therefore 
 
 Section I. Be it enacted by the Senate and House of Rep- 
 rcsentd (ires of the State of Alabayna in General Assembly 
 convened, That the said James Meharg, and his secu- 
 rities, be and they are hereby relieved so far as to ex- 
 tend the collection of said judgments fortwelve months 
 from the passage of this act, upon the following condi- 
 tions hereinafter mentioned. 
 Conditions pre- Sec. 2. Be it ftivther cnacted, That before the said 
 cedent. Jamcs Mcluirg and his securities shall have an exten- 
 
 ison of the payments of said judgments, they shall en- 
 
 How far relieved 
 
193 1^2. 
 
 ter into bond with at least two j>:oocl securities, to be 
 taken and approved by the sheritt' of Calhoim county 
 in double the amount of said judgments, conditiohed 
 faithfully aud^:)unctually to pa;^ and fully satisfy said 
 judgments, and all costs, interest, damages, and all 
 other expenses of every kind connected with said judg- 
 ments in twelve months after the passage of this act-; 
 and in the event said judgment, interest, costs, dama- 
 ges, and expenses are not paid in twelve months after 
 the passage of this act, the sheriff of Calhoun county 
 shall return said bond so taken as aforesaid, forfeited 
 to the clerk of the circuit court of Montgomerj'^ count}^ 
 and said bond so returned forfeited as atoresaid, shall 
 have the force and effect of a judgment against the said 
 James Meharg and his securities, and said clerk shall 
 issue an execution on said bonds so returned forfeited, 
 against all the parties to it for the full amount of both 
 judgments, costs, interest, damages, and all expenses 
 of every kind connected therewith, and shall endorse 
 upon the execution "no further bond to be taken." 
 Approved December 1, X8G2. 
 
 No. 204.] AN ACT 
 
 For the relief of Robert S. Rabb, of Conecuh county. 
 
 Sec. 1. Be it enacted b>/ (he iS'enate and House of Rcpre 
 seniativcs of the State of Alabama in General Assembly 
 convened, That the comptroller of public accounts be to'^Se'repaii"^ 
 and he is hereby authorized to draw his warrant on the 
 state treasurer for the sum of one hundred and twenty- 
 live dollars, in favor of Robert S. Rabb, of Conecuh 
 county, said sum being excess of taxes paid by said Rob- 
 ert S. Raldj into the state treasury, in the year eighteen 
 hundred and sixty-two in consequence of over assess- 
 ment. 
 
 Approved November" 20, 1862. 
 
 13 
 
1862. 194 
 
 Ko. 205.] A]^ ACT 
 
 For the relief of William Walthall, tax collector of 
 W^cox county. % 
 
 Sec. 1. JBe it enacted by the Senate and House of Repre- 
 scniaiwes of the State of Alabama in General Assembly 
 damages ^"^^^^ convened, That- the comptroller of public accounts be 
 and he is hereby authorized to remit and enter satisfac- 
 tion of the sum of four hundred and thirty-seven dol- 
 lars and sixty cents, being the amount of damages on 
 a judgment rendered against William Walthall, tax 
 collector of Wilcox county, in favor of the said comp- 
 troller, for the use of the State, in the circuit court of 
 Montgomery county, at the fall term tliereof, 1861, for 
 the taxes due from said county of Wilcox, for the year 
 1861, the said William Walthall and his sureties being 
 hereby relieved and released from the payment of said 
 damages. 
 Approved November 14, 1862. 
 
 Ko. 206.] AKACT 
 
 For the relief William R. Mason, Register in Chancery 
 for 13th District Middle Chancery JDivision. 
 
 Sec. 1. Be it enacted by the Senate and House of Itep^ 
 resentaiives of the State of Alabama in General Assembly 
 convened, 1 hat the commissioner and trustee of the 
 State Bank and branches, be and he is hereby autliar- 
 Anri trustee, j^ed and required to pay out of the assets of said bank 
 and t rustle to to Wm. R. MasoH, pcgister in chancery lor the Idth 
 pay hi '"«8^6J6.^-jjg^j,j^^^^.^^ljg ^.j^j^^cery division, the sum of three hun- 
 dred and seventy-six dollars and fifteen cents, ($375.16) 
 it being the amount of costs due by the branch banK 
 at Montgomery, under a decree of the chancery court 
 in the case of Nareissa A. Harris, et als. vs. Branch 
 Bank at Montgomery, et als. in the chancery court of 
 Macon county. 
 Approved November 28, 1862, 
 
195 1862. 
 
 Ko.207.] AK ACT 
 
 To authorize the Governor to fix the compensation of 
 S. S. Houston and others, for services rendered the 
 State. 
 
 Sec. 1. Be it enacted by the Senate and House of Reprc- 
 eetdatives of the State of Alabama in General Assembly 
 convened. That the governor of this State be and he is 
 hereby authorized to settle and adjust the claims of. S. Oovemor to 
 S. Houston, D. P. Forney, iTrban L. Jones and James"" '^ '^ 
 R. Powell, coranussioners to select and locate certain 
 swamp and overflowed lands donated to the State of 
 Alabama by the Congress of the United States of 
 America by the acts approved on "iStli September, 1850, 
 and 3d March, 1857; and that in adjusting the claims 
 of said parties, the actual labor performed by them, and 
 the expense to which they were subjected in their ef- 
 forts to carry out the provisions of their said agree- 
 ment, shall form the basis of adjustment and settle- 
 ment: Frovidt'd, howcoer. that no settlement made un- „ . 
 der the provisions ot this act, or under the provisions 
 of an ordinance entitled an ordinance to authorize and 
 direct the governor to rescind the contract therein re- 
 ferred to, approved March 20, 1861, shall be binding 
 upon the State until ratified by the legislature. 
 
 Approved November 8, 1862. 
 
 Ko. 208.J AN ACT 
 
 For the relief of l)rs. James C. Harris, Thos. W. Ma- 
 son and M, G. Moore. 
 
 Sec. 1. Be it enacted by the Senate and House of Repre- 
 sentatives of the State of Alnbama in General Assend.^hj „ . „ . ,^ 
 cofit'cfiea, Ihat the comptit^ller or public accounts i)e ''•rawhioTrr.rrf.nt 
 and he is hereby required to draw his warrant on the 
 treasurer in favor of Drs, Jas. C. Harris, Thos. W. Ma- 
 son and M, G. Moore for the sum of one hundred dol- 
 Uirs due them for the examination of insane prieonora 
 in the penitentiary. 
 
 Apprxjved November 25, 1862. 
 
1862. 196 
 
 In"o. 200.] Al^ ACT 
 
 To compensate Dr. Merriwether G. Moore for serviceg 
 as Warden of the Penitentiary for the present year. 
 
 Sec. 1. Be it enacted hy the Senate and House of Bep' 
 resentatives of the State of Alabama in General Assembly 
 Allowance per ^,onre^eo(, That Dr. Merriwether G. Moore, for his ser- 
 vices as warden of the State penitentiary, under the 
 appointment pf the governor, since the deatli of the 
 lessee to the present time, shall have and receive the 
 sum of three hundred thirty-three 38-100 dollars per 
 month for such services. 
 
 Sec. 2. JBe it farther enacted, That the comptroller 
 
 be, and he is hereby required and directed, to draw his 
 
 draw'h's^ar*'- Warrant on the State treasurer, for the said amount of 
 
 "»'• three hundred thirty-three 33-100 dollars per month, in 
 
 favor of the said Dr. M. G, Moore, to be paid out of 
 
 any money in the treasury not otherwise appropriated. 
 
 Approved December 5, 1862. 
 
 Ko. 210.] AK ACT 
 
 For the relief of 11. P. Watson, Adjutant and Inspec- 
 tor General Alabama Militia. 
 
 Section. 1. J3e it enacted by the Senate and House of Hep- 
 resentatives of the State of Alabama in General Assembly 
 Comptroller to convcued, That the comj)troller of public accounts be, 
 ■^"'Tf '''«..7/'" ii'id he is hereby authorised and required, to draw his 
 warrant on the state treasurer, in lavor oi 11. r. Wat- 
 son, Adjutant and Inspector General of Alabama Mili- 
 tia, for live hundred and sixty-,eight dollars, for services 
 rendered the State in the year 1862. 
 Approved December 9, 1862. 
 
 H^o. 211.] A'N ACT 
 
 For the relief of W. B. and A. R. Bell & Co. 
 Sec. 1. JBe it enacted by the Senate and House of Rep- 
 
 J 
 
197 1862. 
 
 resentattves of the State of Alabama in General Assemhbj Four huadred 
 convened, That the comptroller of public accounts be, dollars a'nd^,et'! 
 and he is hereby authorizeil and required, to draw his ^^jy-Jj^^^^^^,;"'* 
 warrant on the state treasurer, for the sum of four hun- 
 dred and thirty-six dollars and seventy-five cents, in 
 favor of VV. B. and A. R. Bell & Co., of Montgomery, 
 for articles purchased of them for the use of the capitol. 
 Approved December 9, 1862. 
 
 No. 212.] AN ACT 
 
 For the relief of B. B. Davis. 
 
 Sec. 1. Be it enacted by tne Senate and House of Rep- 
 resentatives of the State of Alabama in General Assembly 
 convened, That the comptroller of public accounts be jjlP^^^^P""'" 
 and he is 'hereby authorized and required to draw liis 
 warrant on the State Treasurer in favor of Benjamin 
 B. Davis for the sum of seventen dollars and twenty- 
 five cents for stationery furnished the house of repre- 
 sentatives. 
 
 Approved November 3, 1862. 
 
 No. 213.] AN ACT 
 
 For the relief of M. M. Nail. 
 
 Sec. 1. Be it enacted by the Senate and House of Repre- 
 sentatives of the State of Alabama in General Assembly 
 convened. That the comptroller of public accounts be Appropriation or 
 and he is hereby authorized and required to draw his***'^ 
 warrant on the treasurer of the State in favor of ]\I. 
 M. Nail, for the sum of six dollars and fifty cents, to 
 be paid out of any nione^-s in the treasury not other- 
 wise appropriated. 
 
 Approved November 10, 1862. 
 
1862. 198 
 
 No. 214.] AN ACT 
 
 For the relief of White, Pfister & Co. 
 
 Sec. 1. Beit enacted hy the Senate and House of JRep- 
 
 . . resentatives of the State of Alabama in General Assemhly 
 
 118635.""^"^"° convened, Tliat tlie comptroller of public accounts be 
 
 and he is hereby authorized and required to draw his 
 
 warrant on the treasurer in favor of White, Pfister & 
 
 Co., for the sum of one hundred and eighty-six dollars 
 
 and thirty-five cents, for stationery furnished the State. 
 
 Approved December 5, 1862. 
 
 AK ACT* 
 
 To authorize the Commissioners' Court of the county 
 of Choctaw to make certain appropriations. 
 
 Sec. 1. Be it enacted hy the l^enate'and House of Repre- 
 sentatives of the State of Alabama in General Assemhly 
 convened, That the commissioners' court of the county 
 vayappiopriate of Choctaw may, and is hereby empowered to appro- 
 Sr°m\nd%nuip priate all the fund.'i, now in the treasury of said county, 
 volunteers, &c. -^yhich havc accrucd from fines and forfeitures, or as 
 much thereof as they may deem necessary, except two 
 thousand dollars for the purpose of aiding in uniform- 
 ing and equipping the volunteers which been, or may 
 hereafter be enlisted, for service in the Confederate 
 army, in said county, and also for furnishing food to the 
 families of such volunteers, as may be in indigent cir- 
 cumstances. 
 Payment county ^^^- ^- Bc U further cnactcd, That the said commis- 
 <iebt. ■ sinners' court may appropriate the half of the aforesaid 
 
 two thousand doliars, to the payment of the now ex- 
 isting debt of said county of Choctaw, if they in their 
 discretion deem it proper to do so. 
 
 Sec. 3. Be it further enacted, That said commission- 
 oount'^and me" ^rs' court shall keep a regular account of the amounts 
 vouchera. go paid out, and file all the vouchers for the several 
 
 amounts in their court. 
 
 Sec. 4. Be it further enacted, That the treasurer of 
 ue™ 'unSer said county of Choctaw, is hereby authorized and re- 
 ihisact. quired to pay over such amounts out of the said funds 
 
199 18fi2. 
 
 as the commissioners' court may order, they receiptini' 
 to him for the same. 
 
 Approved December 3, 18G1. 
 
 [* This act was accidentally omitted in the pamphlet copies of tb.o Acta 
 of the year 1861. — Skcretarit of State.] 
 
JOINT RESOLUTIONS. 
 
 JOINT RESOLUTIONS 
 
 Upou Kail Road Transportation in the several States of the Con- 
 federacy. 
 
 "Whereas the rail roads in the several States of our Confederacy 
 were incorporated and built with reference to a system of free and 
 rapid intercourse between thfem, designed to facilitate the busi- 
 ness, as well as personal intercourse of their citizens : And whereas 
 the blockade of the coasts of the several States, and the obstruc- 
 tion of the free navigation of many of our rivers by the enemy, 
 has greatly crippled intercourse between the people of our States 
 by the rivers, and have thus rendered the rail road system of more 
 absolute necessity to our people : And whereas portions of the 
 country have been blessed with a sujDerabuudance of provisions, 
 and other necessities of life, while in others there is much scarcity, 
 and an equalization of these bread necessities can only be made 
 by means of our system of rail road transportation, 
 
 £e it tJitrefore resolved hy the Senate and House of Representatives 
 of the State of Alabama in General Assembly convened, That while 
 
 • the government of the Confedenate States is justified in using said 
 rail roads, to the exclusion of all private transjjortation, when an 
 immediate military necessity demands, such use and exclusion, yet 
 in the opinion of this general assembly, such exclusive military 
 control ofour said roads,Jshould cease with the termination of such 
 necessity, and that with such exception, the rail roads shoud be 
 kept open to the business transportation of the people of the 
 
 .S5.veral States. , 
 
 Be it further resolved, That the Governor be requested to corre 
 
201 
 
 pond witli the Secretary of War, of the Confederate States, upon 
 this subject, and that a copy of these resolutions be forwarded by 
 him to the <^overnors of the several States of the Confederacy. 
 Approved December 9, 1862. 
 
 JOINT RESOLUTIOKS 
 
 In relation to the liability of Militia officers of this State to en- 
 rollment under the Conscription Acts of the Confederate States. 
 
 Be it enacted resolved hy the Senate and House of Bepreseniaiives of 
 the State of Alabama in General Assembly convened, Tliat in the 
 opinion of this general assembly, militia officers of this State, 
 between the ages of eighteen and torty-five years, are now subject 
 to enrollment under the conscription acts of the Confederate 
 States, unless exempt on some other ground than that the}- are 
 militia officers. 
 
 2. Be it resolved further, That if there be any law of this State 
 which has been, or may be construed to exempt such officers from 
 the operation of said conscription acts, the same is hereby declared 
 to be inoperative to that extent. 
 
 3. Be it resolved further. That his Excellency the Governor be^ 
 and he is hereby requested to transmit a copy of these resolutions 
 to the Secretary of War of the Confederate States. 
 
 Approved November 25, 1862. 
 
 JOINT RESOLUTIONS 
 In relation to the Defense of Mobile. 
 
 Whereas the abolition government at Washington, has been for 
 the year last past, and is now^ straining every nerve, to con.s(>Iidate 
 its naval resources for the destruction of the sea-port towns of the 
 cotton States, the consequent invasion of the homes and firesides 
 of the interior, and the savage massacre of our helj>less women 
 and children : And whereas we, the representiativcs ot the people 
 of Alabama, inspired by the noble daring and the gallant and suc- 
 cessful defense of the city of Vicksburg, by her indomitable citizen 
 soldiery, would fain hope that the city of Mobile, our only seaport, 
 and the gem of the gulf, shall never be desecrated by the polluting 
 tread of our abolition foes, 
 
202 
 
 Be it therefore resolved by the Senate and House of Representatives of 
 the State of Alabama in General Assembly convened, That in the sol- 
 emn judt^nient of this general assembly, the city of Mobile should 
 never be surrendered; that it should be dofended from street to 
 street, from house to house, and inch by inch, until, if taken, the 
 victor's spoils should be alone a heap of ashes. 
 
 Resolved, That the joint committee of Finance, the Senate con- 
 curring, be instructed forthwith to report a bill appropriating such 
 sum of money as may be sufficient to defray the expenses for the 
 removal and maintenance of the helpless women and children of 
 the city of Mobile, to a place of safety. 
 
 Resolved, That a copy of these resolutions be forwarded by the 
 Governor to the military and naval commanders, for the defense 
 of the city of Mobile, with the assurance that the people of Ala- 
 bama will accept any calamity, rather than suffer her soil to be 
 again polluted by the tread of the abolition invaders. 
 
 Approved November 17, 1862. 
 
 JOINT RESOLUTION 
 
 Requesting the Governor to give information in relation to debts 
 due the State Bank and Branches. 
 
 Be it resolved by the Senate and House of Representatives of the 
 State of Alabama in General Assembly convened, That the Governor 
 be, and he is hereby authorized and requested to lay before the 
 next general assembly, during the first week of the same, a list of 
 all the assets of every kind, including mortgages and deeds of 
 trust, on real estate, j^etdue and held by the State Bank and its 
 Branches, and further to state in said list the county in which said 
 debts exist, and the location of the lands, &c. 
 
 Approved November 21, 1862. 
 
 JOINT RESOLUTIONS 
 
 In relation to the war debt of the Confederate States. 
 
 "Whereas, the government of the Confederate States is involved 
 in a war for the independence of each of the States of the Con- 
 federacy, as well as for its own existence; and whereas the des- 
 tiny of each State of the Confederacy is indissolubly connected 
 
203 
 
 with that of the Confederate government; and whereas the Con- 
 federate government cannot successfully prosecute the war to a 
 speedy and honorable peace without ample means and credit, be it 
 therefore 
 
 Reeolved by the Senate and House of Bepresentatwes of the State of 
 Alabamain General Assembbf convened, That in the opinion of this 
 generally assembly it is thedut^^of each State of the Confederacy, 
 for the purpose of sustaining the credit of the Confederate gov- 
 ernment, to guarantee the debt of that government, in proportion 
 to its representation in the congress of that government. 
 
 Bcsolccd further. That the State of Alabama hereby proposes 
 to her sister States of the Confederacy to guarantee said debt on 
 said basis: Provided, that each of said States shall accept the prop- 
 osition and adopt suitable legislation to carry it into effect, iu 
 which event these resolutions shall stand as the guaranty of this 
 State for the aforesaid proportion of the debt of said Confederate 
 government. 
 
 Hesokcd further, That his excellency, the governor, be and he 
 is hereby requested to transmit a copy of these resolutions to the 
 governor of each State of the Confederacy, and to the President 
 of the Confederate States. 
 
 Approved December 1, 1862. 
 
 JOINT RESOLUTIONS 
 
 Approving the payment of the Confederate War Tax by the Gov- 
 ernor. 
 
 Be it resolved b)/ the Senate and House of Representatives of the State 
 of Alabama in General Assembly convened, That the payment by 
 the governor into the treasury of the Confederate States of the 
 sum of two million of dollars, as the quota to be assessed upon 
 certain property of the citizens of this State in the year \><Q\. and 
 payable in 1862, subject to future adjustment, nnd the borrowing 
 the amount of money necessary to pay the sum upon the 8 per 
 cent, treasury bonds of this State, be and the same is hereby ap- 
 proved and confirmed, as though the same had been done when 
 and after the amount of said tax had been ascertained in the mode 
 prescribed by Congress, and the ten per cent, had previously been 
 deducted therefrom. * 
 
 Approved December 8, 1802. 
 
204 
 
 JOINT RESOLUTIOIsrS 
 
 Of thanks to the Ladies of Alabama. 
 
 Be it resolved by the Senate and House of Representatives of the 
 State of Alabama in General Assembly convened, That the general 
 assembly profoundly and gratefully impressed with the sense of 
 the patriotic spirit, the ardent devotion, and the unremitting la- 
 bors and sacrifices of the mothers, wives, sisters and daughters of 
 the State, in providing for the comfort and wants of our gallant 
 citizen soldiers, and by their smiles and tokens of approval, ener- 
 gising and perpetuating the ."morale" of the host of our veteran 
 defenders in the war, do hereby tender to them their own and the 
 heartfelt thanks of the whole people of the State of Alabama. 
 
 Approved December 1, 1862. 
 
 JOINT RESOLUTIONS 
 
 In relation to the Alabama Volunteers. 
 
 Be it resolved by the Senate and House of Representatives of the 
 State of Alabama in General Assembly convened, 1st, that the thanks 
 of this general assemblj^ and through them the people of the State 
 are hereby tendered to the Alabama soldiers, officers and privates 
 in the Confederate army, for the heroic courage and valor dis- 
 played by them on every field of strife in which they have been 
 engaged. 
 
 2. That this general assembly begs most sincerely to mingle its 
 sympathy with the relatives and friends of those who have fallen 
 in the service of their country, whether in battle or from disease, 
 and that the executive authority be requested to collect the names 
 of all such and have them transcribed in a suitable record book, 
 designating the corps to which they belonged, their rank in the 
 service, and cause of death, to be preserved among the archives of 
 the State as a token of respect to their memories. 
 
 3. That the wives of those who have been made widows, and 
 children orphans, by the fall of their husbands and fothers in de- 
 fending their country against the invasion of a cruel and relent- 
 less enemy, Sive pre-eminently entitled to the kindest consideration, 
 and it is the solemn duty of the State to make provision for the 
 support of all those who gre in indigent circumstances. 
 
 4. That a copy of these resolutions be transmitted to the com- 
 manding officer of the Alabama regiments and battalions, with 
 
205 
 
 the request that they be communicated to their respective com- 
 mands. 
 Approved November 5, 1862. 
 
 JOINT RESOLUTIONS 
 
 In, relation to the pa3'nient of the first instalment of the fund ap- 
 propriated for the support of indigent families, under the act 
 ' approved November the 12th, 1862, to certain counties therein 
 named. 
 
 Be it resolved hy the Senate and House of Bepresentatities of the 
 State of Alabama in General Assembly convened. That R. M. Patton, 
 K. W. Walker, or either of them, be, and are hereby authorised to 
 receive from the state treasury the amount of the first instalment 
 which may be apportioned to the county of Lauderdale from the 
 appropriation of the two millions of dollars, made -by an act enti- 
 tled "an act to provide for the support of the families of indigent 
 soldiers in the army of the Confederate States from the State of 
 Alabama." 
 
 Be it farther resolved, That William M. Jackson be, and he is 
 hereby authorised to receive the amount of said first instalment 
 that may be apportioned to the county of Franklin; that J. B. 
 Latham and J. B. Tally, or either of them, be and are hereby au- 
 thorised to receive the amount of said first instalment tliat may be 
 apportioned to the county of Jackson ; that F. W. Sykes be and 
 he is hereby authorised to receive tlic amount of said first instal- 
 ment that maybe apportioned to the county of Lawrence ; that 
 Thomas J. McClellan and J. P. Coman, or either of them, be and 
 are hereby authorised to receive the amount of said first instal- 
 ment that may be apportioned to the county of Liijiestone; that 
 F. L. Iliunmond, S. 1). Cal)anis8, and Canada Butler, or either of 
 them, be hereby authorised to receive the amount of said first in- 
 stalment which may be apportioned to the county of Madison ; that 
 J. C. Orr be, and he is hereby authorised to receive the amount of 
 said first instalment that may be apportioned to the county of 
 Morgan; that W. M. Gritfin be, and he i^ hereby authorised to 
 receive the amount of said first instalment that may be apportioned 
 to the county of Marshall ; which several itistaiments shall be 
 paid out of any money in the treasury not otherwise appropriated. 
 
 Be it further resolved. That each and every party herein named 
 shall, upon payment of the amount by them received under the 
 provisions of these resolutions, to the judges of their respective 
 
206 
 
 bounties, take receipts from tlie said jiidojes for the several sumg 
 paid ; which receipts shall be taken in duplicate, one copy of wliich 
 shall be at once sent to the comptroller of the state^ (and the other 
 fetained in case of miscarriage;) to be tiled as Vouchers for the 
 payment of the instalments due the several counties. 
 
 Be il farther resolved^ That if in any case a new bond or increased 
 security is required of any probate judge, no payment shall be 
 made to such judge until slich new bond or increased security ifl 
 given as required. 
 
 Approved iJ^ovember 14, 180^2* 
 
 JOINT RESOLUTION 
 
 To authorise H. C. McCall to draw the p*er dielli of K. L. Brooks, 
 a member of this House. 
 
 Be it resolved by the Senate and Jloilse of Piepreseniatives of /Ae 
 Btatc of Alabama in General Assembly convened, That N. L. Brooks, 
 a member of the house of representatives of this state, who is ab* 
 Bent from his seat by illness, be atid he is hereby authorised to re' 
 ceive compensation for the time he served ; and that H. C. McCall, 
 of Lowndes county, be authoris'ed to receive the compensation aU' 
 thorised by this resolution, and liis receipt shall be a good voucher 
 for such payment. 
 
 Approved December 6, 1862i 
 
 JOINT RESOLUTIONS 
 
 For the relief of James A. M. Thompson, of ChoctaW coUnt^N 
 
 Whereas, James A. M. Thonipsoh, of Choctaw county, a mem* 
 ber of the house of representatives of this state, has been absent 
 from his seat since the tWcnty-tirst inst.> with leave of this house, 
 on account of bad health, 
 
 JBe it therefore resolved by the Senate and Mouse of liepresentadves ^ 
 (?f the State of Alabama in G-eneral Assembly convened, That James 
 A. M. Thompson, a member of the house of representatives of 
 this state, be and he is hereby authorised to receive his compensa* 
 lion for the time that he was present. 
 
 ic it fartkr resolved^ That John T, ^ov^ter, of Choctaw county, 
 
.207 
 
 bo authorised to receive the coinpcnsation authorised by these res- 
 olutions to be paid to the mtfniher iiientioned in the foregoing 
 resolutions, and liis receipt therefor shall be a voxicher for such 
 pa3-nient. 
 Approved Decetuber 2, 1862. 
 
 OFFICE OF SECRETARY OF STATE, \ 
 
 Montgomery, Alabama, February 12, 1863. j 
 1 hereby certify that the forc,2:oing Acts and Joint Resolutions 
 nrc correct copies, from the origin.'il rolls deposited in this office. 
 
 t*. H. BRITTAN, 
 
 Sccnlary of State. 
 
T^BLE 
 
 OJ^THli RATES OP INlEHEST IN THE SOUTnERN AND CONFEDERATE STATES 
 
 Cor/qjiled in pursuance of an act approved February 18, 1848. 
 
 Maryland 6 per cent.jSoutli Carolina .6 per cent. 
 
 Korth Carolina 6 " " |Kentiicky 6 
 
 Tennessee... i....Q " " 
 
 Alabama 8 " " 
 
 Virginia 6 " " 
 
 Georoia.'. .....8 " " 
 
 Florida 8 " " 
 
 Arkansas — Legal interest, 6 per cent.; conventional interest 10 
 per cent. 
 
 Texas — Legal interest, 8 per cent.; conventional Interest 12 ger 
 cent. 
 
 J//s50».«':— Legal interest, 6 per cent.; conventional interest 10 
 per cent. 
 
 3f.ississipin — Legal interest, 8 per cent.; on lent money, 10 per 
 cent. 
 
 Louisiana — Legal interest, 5 per cent.; bank interest, 6 per 
 cent.; conventional interest, 10 per cent. 
 
 OFFICE OF SECRETARY OF STATE, 
 
 Montgomery, Alabama, February 12, 1863. 
 
 Certified to be correct. 
 
 P. H. BRITTAN,. 
 
 Secretary of State. 
 
4** 
 
 INDEX. 
 
 ADMINISTRATORS, EXECUTORS, &C.— 
 
 Act to authorij^c Executors, Administrators, <TUiU'clian3, and Trustees to 
 
 provide Salt for their trust ostatcs , 78 
 
 Act to amend an act, approved Nov. 9, 1861, to autbori/.e Executors, Ad- 
 min strators, Guardians, and Truatces, to make loans to the Confederate 
 States, &c 79 
 
 Act to authorize Executors, Administrators, Guardians, and Trustees, to 
 
 remove slaves to a place of safety in case of invasion 79 
 
 Act to autliorige Executors and Administrators to administer oaths in cer- 
 tain cases • 80 
 
 ALIKN ENEMIES— 
 
 Act to repeal in part ''An act in relation to debts due alien enemies," ap- 
 proved Dec. 10, 1861. 69 
 
 APPROPRIATIONS— 
 
 Act to make appropriations for the fiscal year ending on the 30th Septem- 
 ber, 186;^ 21 
 
 Act to pay the members and officers of the present General Assembly. . . . 21 
 
 Act making appr priations for the military deferisc of Alabama 24 
 
 Act to piovidc for the support of the indigent families of soldiers in the 
 
 army of the Confederate States, from Alabama 20 
 
 Act to amend an act to authoriee the issuance of Treasury Note change 
 
 bills. Zo 
 
 Act to place at the disposal of the Governor an additional sum to carry 
 into effect the act to authorize the issuance of Treasury Note change 
 
 liills '. . 36 
 
 Act to provide for the public safety ^ 87 
 
 Act for the defense of the Northern part of the State 42 
 
 Act to prohibit the distillation of grain in the State of Alabama, kc 43 
 
 Act to prevent the introduction and spread of .'■mall pox in the .State of 
 
 Alabama 40 
 
 Act to provide Spinning, or Cotton and Wool cards 49 
 
 ^'' '" ■ " ' '" thi' people of Alabama to procure necessary supplies of salt 
 
 le prices, and for other purpo-'? OC 
 
 Ai I'rn-fit of the hospitals established in Richmond for sick »nd 
 
 wound- «1 !«oldiers from Aiabaniii, &c - . . . . 62 
 
 Act to pay for ihf hire of pervantH for the Oenernl Assembly durin;.' the 
 
 extra and i • 85 
 
 Act to provi: ry of load in Alabama P''. 
 
 Act to provi.i.- lui III.' .j.-i.-n^e of Mobile J<.J 
 
 Act to provide means for arresting tbo spread of Small Pox in Tallapoosa 
 
 county ir,7 
 
 14 
 
210 
 
 AUTAUGA COUNTY— -^ ;. 
 
 Act giving Probate court jurisdiction of the estate of Thomas C. Daniel. . 150 
 Act authorizing- llie Commissioners' Court to levy a special tax for the 
 
 support of families of soldiers ' , .;. 150 
 
 Act changing the boundary line between Bibb and Autauga counties, so 
 far as to include the dwelling houses of S. H. and T, L. Faulkner in the 
 county of Autauga 151 
 
 BANKS— 
 
 Act to increase the corporate privileges of the Banks and Insurance Com- 
 panies of the State of Alabama 103 
 
 Act to establish a Bank at Opelika, to be called the Exchange Bank of 
 Alabama 105 
 
 BARBOUR COUNTY— 
 
 Act legalizing the action of the court of County Commissioners in levying 
 a special tax 158 
 
 BIBB COUNTY— 
 
 Act changing the line between Bibb and Autauga counties, so far as to in- 
 clude \,he dwelling houses of S. H. and T. L.. Faulkner in the county of 
 Autauga 151 
 
 BRIDGES— 
 
 Act to establish a bridge across the Choctawhatchie river, in Coffee county, 151 
 Act to amend the law in relation to public bridges in Sumter county. . . . 167 
 
 BOUNDARIES— 
 
 Act changing the line between Bibb and Autauga counties, so far as to io- 
 clude the dwelliug houses of S. H. and T. L. Faulkner in the county of 
 
 Autauga 151 
 
 Act. changing the line of the counties of Butler and Conecuh 151 
 
 Act changing the line of Jefferson and Shelby counties , 166 
 
 Act changing tlie line between Montgomery and Pike counties 164 
 
 BUSINESS— 
 
 Act to require all persons to do business in their own names 50 
 
 BUTLER COUNTY— 
 
 Act to change the boundary line of Butler and Conecuh counties 151 
 
 Act giving the Probate Judge jurisdiction of the estate of Benjamin W. 
 
 Campbell, late of Pike county 169 
 
 Act removing the estate of John B. Christian to Wilcox county 174 
 
 CARDS— 
 
 Act to provide Spinning, or Cotton and Wool cards 49 
 
 Act supplementary to same 49 
 
 CHANGE BILLS— 
 
 Act to prevent the circulation of change bills 50 
 
 Also — See Treasury Notes 
 
 CHAMBERS COUNTY— 
 
 Act for the relief of certain officers ...-.., 179 
 
 CRIMINAL LAW— 
 
 Act to prevent extortion 18 
 
 Act to provide for the support of the indigent families of soldiers (penalty 
 
 in case of embezzlement on the part of probate judges) 26 
 
 Act to authorize the issue and sale of State Bonds (penalty for forging). . 30 
 
211 
 
 ^ftnilNAt t ^^— T!0STINCEI\ 
 
 Act to amend an act to authorize the i8euance<xf Treasnry Note-change 
 
 bills by the State of Alabama 34 
 
 Act to prevent the distillation of grain 4^ 
 
 Act to regulate the sale and exportation of corn 44 
 
 Act to prevent the circulation of change bilh 50 
 
 Act to prevent salt manufactured by any of the lepsees of the public salt 
 
 lands of this State from being sold to non-residents of this Stat«. . , 61 
 
 Act to prevent false representations as to Government agencies 65 
 
 Act to provide for the taking of testimony upon interrogatories in certain 
 
 criminal cases % '70 
 
 Act iu relation to homicide committed by convicts in the penitentiary for 
 
 life 95 
 
 Act to amend section 1203 of the Code lol 
 
 Act to am«nd section 3130 of the Code 1 OS 
 
 -CODE OF ALABAMA— 
 
 Act to amend chapter 1, title' 13, part the 1st (extending the power to es- 
 tablish hospitals for persons infected with-rontagious discaaep) 98 
 
 Act to suspend sections 40 and 41 (unfinished bubJnes.s of the General As- 
 
 seuibly> as to the called session of 1S62 98 
 
 Section 88 amended (increases the prices for certain public printing) 99 
 
 Section 165 amended '. 99 
 
 Section 396 amended 99 
 
 Section 664 amended 100 
 
 Sectioa 499(compensatioa of County Commissiouers) amended as to Maoon., 
 
 Barbour and Shelby counties 100 
 
 Section 1140 (relating to the ages of persons exempted from working pub- 
 lic roads) amended as to Covington, Coffee aikl Walker counties iO<> 
 
 Section 1203 amended (fixing penally for contractor suffering bridge or 
 
 cftoseway to remain out of repair) 101 
 
 Fifth division of section 1551 repealed 102- 
 
 Subdivision four of section 23lfi, relating to the ppecuring of tcstimooy by 
 
 ilcpoMtion, amended 103 
 
 Section 314S amended (provisions eitcnded) 102 
 
 Section 3160 amended (relating to penalty for buying stolen property). . . . 101 . 
 Section 40O3 amended (authorizing jailors to qualify to their accounis before 
 
 Probate Judges). 10 3 
 
 OOf FEE COUNTY— 
 
 Section 1 140 of thw Code amended ss to CofToc county 100 
 
 Act to establish a bridge across the Choctawhatchie rivcr in Coffee'county, 161 
 
 Act giving the Probate Jud^e jjirisdiction *?f the estate of John J. All.sa- 
 
 brooks, late of Coviugtou county 169 
 
 CHOCTAW COUNTY— 
 
 Act changing the time of holding the chancery court..,-. 162 
 
 Act amending the road law , 152 
 
 A-ct author ieing tlk; publications to be made in the city of Mol)ilo 163 
 
 Act authf»rizing the Court of County Gonimissionere to make certain ap- 
 propriation? 198 
 
 COOSA COUNTY— 
 
 Act to provide for tb< ek-ctien nf County Treasurer by tli<! people. 163 
 
 ,4«t to amend an aot nm'nding th<» Mechanic 8 lien law of D.TlJan. PIUp and 
 
 Coosa counties. . • 154 
 
 OMMISSIONERS— 
 
 Art to pruvidc for the appointm'nt of CommissiooorB 4« exaDine the offi- 
 Citx and lu^cotinls of certain publ ic oflicers , 37 
 
212 
 
 COXECUH COUNTY— 
 
 Act to change the boundary line of the counties of Butler and Conecuh. . 151 
 
 CORN— 
 
 Act to regulate the sale and exportation of corn ... 44 
 
 COMPTROLLER OF PUBLIC ACCOUNTS— 
 
 Act to provide just compensation for the services of the Comptroller 84 
 
 CORPORATIONS— 
 
 Act to repeal in part An act to regulate the agencies of Insurance Compa- 
 nies not incorporated by the State of Alabama, &c 97 
 
 Act to increase the corporate privileges of the Banks and Insurance Compa- 
 nies of the State of Alabama 103 
 
 Act to establish a.Bauii in 1/he town of Opelika to be called the Exchange 
 
 Bank of Alabama 105 
 
 Act i)o incorporate the Red Mountain Iron and Coal Company. . , . .' 118 
 
 Act to incorporate the Selma Iron Foundry Company 120 
 
 Act to incorporate the Bibb County Iron Company 121 
 
 Act to incorporate Hale and Murdock's Iron Company, of Fayette county, 123 
 Act to amend the charter of the Shelby county Iron Manufacturing Com- 
 piny , . .. . 124 
 
 KAIL ROADS. 
 
 Act to incorporate the Mobile and South-Western Rail Road Company 133 
 
 Act in relation to the Se'ma and Gulf Rail Road Company, and the Broad 
 
 Street Hotel Company of Selma 148 
 
 Act to extend the charter of the Alabama and Tennessee River Rail Road 
 
 Company • • 148 
 
 Act to amend the charters of the Alabama and Tennessee Rivers Rail Road 
 * Company ; the Alabama and Mississippi Rail Road Company ; the Selma 
 
 and Gulf Rail Road Company, and the Western Rail Road Company. . . . 145 
 
 Act .supplemental to the same . . 147 
 
 Aet to amend the charter of the Tennessee and Alabama Central Rail Road 
 
 Company i 147 
 
 INStKANCE COMPANIES, 
 
 Act to amend the charter of the Planters' 1 48 
 
 Act to amend the charter of the Eufauia Home 148 
 
 MI9CELLAME0US. 
 
 Aet to incorporate the Mobile and Three Mile Creek Plank Road Com- 
 
 125 
 
 pany • 
 
 Act to incorporate the Cbewackla Lime Company. ....... 127 
 
 7\ct to incorpo-ate the Southern Express Company 129 
 
 Act to amend "An act to incorporate the South Alabama Manufacturing 
 
 . Company," approved Feb. 24th, 1860 , 149 
 
 Act to amend "An act to incorporate the Gas light Company of Selma", . 149 
 
 aURTS— 
 
 Act in relation to oflBcers of court '3' 
 
 SUPREME, 
 
 Act to amend the law relating to the printing of the Reports of Decisions 
 of the Supreme Court ^^ 
 
213 
 
 ■COURTS— Continued. 
 
 CIRCCTT. 
 
 Act to fix the time of holding the general elections for Judges of the Cir- 
 cuit Court, &c 53 
 
 Act to change the time of holding the circuit courts in Marion, Walker and 
 
 Winston counties 159 
 
 CUANCERY. 
 
 Act to provide for the taking of testimony by registers in chancery 71 
 
 Act to authorize the appointment of special registers in chancery iu certain 
 
 cases, (fee 16 
 
 Act to detach Macon from the Middle and attach it to the Southern Divis- 
 ^ ion ; and to detach Sumter from the Southern and attach it to the Middle 
 
 Division 157 
 
 PROBATE. 
 
 Act in relation to the allowance of extra compensation to the judges of 
 
 probate. &c 29 
 
 Act to fix the time of holding the general elections of judges of the circuit 
 
 court and judges of probate, &c 53 
 
 Act in relation to publications by courts of probate 75 
 
 Act to amond '• An act fo authorize certain gettlements in the probate 
 courts of this State" 76 
 
 COUNTY commissioners;. 
 
 Adt to legalize certain acts of the courts of Countv Commissioners of this 
 
 State 25 
 
 Act to enable the courts of County Commissioners to appoint overseers and 
 apportioners of [ ublic roads over the age of eighteen and under the age 
 of sixty 77 
 
 Act in relation to the records of the courts of County Commissioners 78 
 
 COVINGTON COUNTY— 
 
 Section 1140 of the Code amended as to this county 100 
 
 DALLAS COUNTY— 
 
 Act amending act to amend the Mechanics' Lien law of Dallas, Pike and 
 Coosa counties 164 
 
 DEPOSITIONS— 
 
 Act to authorize the taking sf depositions of subscriWng witnesses to wills 
 
 in certain cases 72 
 
 Act providing for taking testimony upon interrogatories in certain criminal 
 
 cases 70 
 
 Hubdivision 4 of section 2318 of th« Code amended 102 
 
 DISTILL.\TlON— 
 
 Act t^ prohibit the distillation of grain in the State of Alabama, except 
 
 under the direction and authority of tfae Governor 43 
 
 EDUCATIONAL FUND— 
 
 Act in relation to the distribution o( the Educational fund for 180. 97 
 
 ELECTIONS— 
 
 Act to fix the time of holding the geneia' elections forjudges of the circuit 
 
 court and jiidgfs of probate, and olbiT inferior courts b". 
 
 Act to amcad the law In relation to elections in certain cases (>?> 
 
21*4 
 
 ESTATES OF DECEDENTS— 
 
 Act giving the probate court of Autauga jurisdiction of thie estate of Thoe. 
 
 C. Daniel 150 
 
 Act giving the probate judge of Coffee county jurisdiction of the estate of 
 
 Jno. J. Alsabrooks 1G9 
 
 Act giving the probabate judge of Butler county jurisdiction of the estate 
 
 of Benjamin W. Campbell 169 
 
 Act to remove the estate of Nancy M. Thompson from Tuskaloosa to 
 
 Greene county 170 
 
 Act in relation to the real estate of Duncan L. Nicholson 171 
 
 Act as to probating the will of Geo. G. Tankersley, Sr 172 
 
 Act authorizing administration of thy estate of W. H. Hibbler * 172 
 
 Act authorizing administration of estate of M. G. Jackson 173 
 
 Act in relation to the estate of Lewis L. Langham , 173 
 
 Act removing estate of Jno. B. Christian from Butler to Wilcox county. . 174 
 
 Act to legalize private sales made by the administrator of Alvin Burrows, 175 
 Act authorizing the executors of N. B. Powell to diispense with certain re- 
 
 kirns and settlements in the probate court 176 
 
 EXTORTION— 
 
 Act to prevent extortion 175 
 
 EXECUTORS— See Administrators. 
 
 FALSE REPRESENTATIONS— 
 
 Act to prevent false representations as to Government agencies 65 
 
 FAYETTE COUNTY— 
 
 Act authorizing the court of county commissioners to levy a tax on dogs, 155 
 Act legalizing the action of the court of county commissioners in levying 
 
 a special tax 158 
 
 GOVERNOR— 
 
 Act to. authorize the Governor to borrow money on the credit of the State, 80 
 
 Act to authorize the Governor to do certain things therein named 36 
 
 Act to provide for the appointment of commissioners to examine the offices 
 
 and accounts of certain public ofi&cers 37 
 
 Act to authorize the Governor to lease, for a period not exceeding ten yeans, 
 
 to the Confederate Government, a certain portion of the Saline Reserves, 56 
 
 Act authorising the (aovernor to fix the compensation of S. S. Houston and 
 
 others 195 
 
 GREENE COUNTY— 
 
 Act to remove the estate of Nancy M. Thompson from Tuskaloosa to 
 
 Greene county llO 
 
 GOLDTHWAITE GEORGE— 
 
 Act authorizing him to rent or lease the real estate of his ward by private 
 
 contract 115 
 
 GUARDIANS — Sek Administratoks. 
 
 HO USTON S. S , AND OTHERS- 
 
 Act authorizing the Governor to fix the compensation of S. S. Houston 
 and others 195 
 
 INSANE HOSPITAL— 
 
 Act in relation to the transfer of insane convicts from the Penitentiary 
 
 to the Hospital for insane persons 95 
 
 Act to repeal "an act lor the relief of insane convicts in the penitentiapy" 96 
 
215 
 
 INTEREST— -aT-^- >"":'" -V^^' 
 
 Act regulating the interest upon debts in payment of which Confederate 
 
 Treasury notes may be tendered and rcluscd 6b 
 
 JAILORS— 
 
 Act to increase the fees of Jailors for victualing prisoners 73 
 
 JEFFERSON COUNTY— 
 
 Act changing the line of Jefferson and Shelby counties 15(1 
 
 Act authorizing publications to be made in the newspapers of Selina. ... 156 
 
 Act to hold a special term of the Chancery Court 1 56 
 
 Act to prevent the destruction by fire of property in the townsand villages 166 
 
 JOINT RESOLUTIONS— 
 
 Upon railroad transportation iu the several States of the Confederacy. . . . 200 
 In relation to the liability of Militia officers of this State to enrollment un- 
 der tbe Conscription acts of the Confederate Slates 201 
 
 In relation to the defence of Mobile ..201-202 
 
 Requesting the Governor to give information in relation to debts due the 
 
 State Bank and branches 202 
 
 In relation to the War debt of the Confederate States 202-203. 
 
 iVpproving the payment of the Confederate War tax by the Governor. . . . 203 
 
 Of thanks to the Ladies of Alabama 504 
 
 In relation to the Alabama Volunteers 204 
 
 In relation to the payment of the first initalnient of the fund appropriated 
 for the support of indigent families, under the act approved Nov. 12tb, 
 
 1862, to certain counties therein named 205-20C 
 
 To authorize H. C. McCall to draw the per diem of N. L Brooks, a mem- 
 ber of this House 2'i6 
 
 For the relief of James A. M. Thompson, of Choctaw county 2O6-".207 
 
 JUDICIAL PROCEEDINGS— 
 
 Act to amend the act approved Dec. 10, 1861, to regulate Judicial proceed- 
 ings 64 
 
 Act in respect to forcible entry and unlawful detainer 65 
 
 Act to suspend the operations of certain limitations of the Code and slat^ 
 
 utes of Alabama G''> 
 
 Act to suspend the operation of the statutes of non-claims in certain cases 06 
 
 Act to suspend during the war the statute of non-claims in certain cases. . 67 
 
 Act to regulate the interest upon debts in payment of which Confederate 
 
 Treasury notes may be tendered and refused d^ 
 
 Act to repeal in part "an act in relation to debts due alien enemies," ap- 
 proved Dec. 10, 1861 69 
 
 Act the more effectually tb provide for the redemption of real estate sold 
 
 under execution 6y 
 
 Act to provide for the taking of testimony upon interrogatories in certain 
 
 criminal cases 70 
 
 Act to supply record evidence in certain cases 71 
 
 Act to provide for the taking of testimony by registers in chancery 71 
 
 Act to provide for making persons absent in the Confederate army parties 
 
 to applications to probate wills and for grants of administration 72 
 
 Act to authorize the taking of depositions of subscribing witnesses to wills 
 
 in certain cases 72 
 
 LANDS— 
 
 Act to authorize the '-<''■ "• 'itids mortgaged to the State 68 
 
 LINERS— 
 
 Act lepealing in part an act constituting Seaborn W. ITarvill and Samuel 
 B. U&rvill, liners 1 7S 
 
216 
 
 LEAD— 
 
 Act to provide for the discovery of lead in Alabama 9C 
 
 MACONCOrNTY— 
 
 Act to detach it from the middle and attach it to the southern Chancery di- 
 vision 157 
 
 Act authorizing the commissioners' court to appropriate a certain amount 
 of taxes levied for county purposes, to the support of the indigent fami- 
 lies of volunteers, &c 158 
 
 Act authorizing the probate court to grant administration upon the estate 
 
 of Martin G. Jaelison , 173 
 
 MARSHALL COUNTY— 
 
 Act requiring the county treasurer to register certain claims against the 
 
 county 4 158 
 
 Act legalizing the action of the court of county commissioners in levying 
 
 a special tax 158 
 
 MADISON COUNTY— 
 
 Act lor the relief of the assessor and collector of taxes 187 
 
 MARION COUNTY— 
 
 Act changing the time of holding the circuit court 159 
 
 MECHANICS' LIEN LAW— 
 
 Act amending an act to amend the Mechanics' lieu law of Dallas, Pike and 
 
 Coosa counties ' 154 
 
 MILITARY AFFAIRS— 
 
 Act making appropriations for the military defense of Alabama 24 
 
 Act to provide for the support of the indigent families of soldiers from 
 
 Alabama 26 
 
 Act to provide for the public safety 37 
 
 Act to amend an act to provide for the public safety.' 40 
 
 Act supplementary to an act to pi'ovide for the public safety 41 
 
 Act to regulate impressments 42 
 
 Act for tlie def^-nse of the Northern part of the State 42 
 
 Act to aid the Confederate Government in providing shoes for the Alabama 
 
 soldiers in the Confederate ai-my, &c 47 
 
 Act for the benefit of the hospitals established in Richmond for sick and 
 
 wounded soldiers from Alabama ; also for the benefit of the Mihtary Aid 
 
 Society of Mobile, &c 62 
 
 \ct to render certain persons subject to militia service 63 
 
 Act to amend the Military Code 64 
 
 Act to repeal an act to provide for the military education of two young 
 
 men from each. county in the State of Alabama 64 
 
 Act to amend "an act the more eflectually to secure subordination among 
 
 slaves, &c."... 72 
 
 Act to provide for the defease of Mobde •...., 162 
 
 Act to authorize the Confederate States" to purchase and hold, ia Alabama, 
 
 a site for Rolling Mills, &c .' 1*76 
 
 Act amendatory of the same l*?*? 
 
 Act for the relief of soldiers in the Confederate service 118 
 
 MOBILE COUNTY— 
 
 Act to enaljle the corporate authorities of the city of Mobile to levy an 
 
 additional tax on real estate for municipal purposes. .......' 160 
 
 Act authorizing the probate judge to remove his office records to a place of 
 
 safety. , 160 
 
 Act amendatory of an act for the improvement of the bay and harbor of 
 
 Mobile ' 161 
 
217 
 
 MOBILE COUNTY— Continued. ^ , • 
 
 ' Afct amendatory of an act to protect the election francbtse in municipal 
 
 elections in the city of Mobile, approved 5th Dec , 1861 161 
 
 Act authorizing the enrollment of the Creoles of Mobile 162 
 
 Act to provide for the defense of Mobile 162 
 
 Act iu relation to the estate of Lewis L. Langham Il3 
 
 MONROE COUNTY— 
 
 Act authorizing the commissioners' court to levy a special tax 163 
 
 MONTGOMERY COUNTY— 
 
 Act authorizing the corporate authorities of the city of Montgomery to con- 
 trol and improve the grounds around the Capitol 163 
 
 Act changing the line of Montgomtry and Pike counties 164 
 
 Act to define the fees of the Justices of the Peace and Constables in the 
 city of Moutgomery 164 
 
 MOORE, DR. M. G.,— 
 
 Act to compensate for sei'vices as Warden 196 
 
 MORGAN COUNTY— 
 
 Act authorizing the court of county commissioners to levy a lax on dogs. . 155 
 Act le;.alizing the acts of the commissioners' court 165 
 
 NON-CLAIMS— 
 
 Act to suspend the operation of the statutes of non-claims in certain cases 66 
 
 Act to suspend during the war the statutes of non-claims in certain cases. . 67 
 
 OFFICIAL RECORDS— 
 
 Act to provide for the security of the records and papers in the custody of 
 the several officers of this State 74 
 
 PENITENTIARY— 
 
 Act to provide for the reorganization of the State Penitentiary 85 
 
 Act supplemental to the same .' 94 
 
 Act iu lelation to homicide comiuitted bv convicts in the penitentiary for 
 
 life ■. 95 
 
 Act in relation to the transfer of insane convicts from the penitentiary to 
 
 the hospital for insane persons 95 
 
 Act to repeil "an act for the relief of insane convicts in the penitentiary'' 96 
 
 Act to compensate Dr. M. G. Moore, Warden 196 
 
 PIKE COUNTY— 
 
 Act amending an act to amend the Mechanics' lien law of Dallas, Pike and 
 
 Coosa counties 1 54 
 
 Act changing the line of Montgomery and Pike counties 164 
 
 Act in relation to the real estate of Duncan L. Nicholson 171 
 
 PUBLICATIONS— 
 
 Act in relation to publications by courls of probate 75 
 
 PUBLIC LANDS— 
 
 Act to increase the price of certain public lands belonging to the State of 
 
 Alabama 80 
 
 Act to consolidate certain l.md districts therein named 81 
 
 Act fixing the time within which proof of settlement and improvement on 
 
 public lands may be made in certain cases 82 
 
 Act for the extension of the time of settlement and cultivation of lands en- 
 tered under the 36th section of the ordinance of the convention of the 
 State of Alabama 82 
 
218 
 
 PUBLIC LANDS— Continued. 
 
 Act to repeal "an act to legalize certain entries of land,'' approved Dec. 9, 
 
 1861 83 
 
 Act amendatory of an act to require the commissioner of public lands to 
 
 issue a patent to Martha Carroll, of Calhoun county 177 
 
 PUBLIC PRINTING— 
 
 Act to amend section 88 of the Code 99 
 
 RELIEF— 
 
 Of soldiers in the service of the Confederate States 178 
 
 Of indigent families of soldiers in Sumter and Walker counties 179 
 
 Of certain officers in Sumter county 179 
 
 Of the assessor and the colldctor of taxes for Madison and other counties. 187 
 
 Of the securities of John C. Burgess, late tax collector of Coosa county. . . 188 
 
 Bell, Archibald B., ] 85 
 
 Bell, W. B. andA. R. & Co 196 
 
 Campbell, A. G., 196 
 
 Cantrell, J. P., 181 
 
 Clark, H. J., jr., tax collector 188 
 
 Davis, Louisa Ann and William W., 185 
 
 Davis, B. B., 1 97 
 
 Dubose, Adele Louise, administratrix, 182 
 
 Franklin, Geo. W. and J. Tyler 184 
 
 Gat; s, J. P., late tax collector 189 
 
 Green, W. P., tax collector 189 
 
 Grider, A. A., and other tax collectors 190 
 
 Harmon, S. B., tax collector 190 
 
 Headen, James ., 186 
 
 Harris, Dr. J. C, and others , 193 
 
 Hornsby, Moses, tax collector 191 
 
 Jarvis, Mary and Nancy 184 
 
 Johnston, Burrel, tax collector ^ 192 
 
 Meharg, James .., » 192 
 
 Mason, W. E., Register 194 
 
 Nail, M. M , 197 
 
 Newman, George, guardian 183 
 
 Pagles, J. F. 180 
 
 Phillips, 0. L., 180 
 
 Rabb, R. S ., , 193 
 
 Reese, Sarah C, guardian, 1 83 
 
 Robbs, Mahulda 187 
 
 Walthall, W., tax collector 194 
 
 Watson, H. P. 196 
 
 White, Ffister <fe Co , • 198 
 
 Williams, Thomas, administrator . 181 
 
 REVENUE LAWS— 
 
 Act to amend the Revenue Laws of this State 3 
 
 Act to authorize a compilation of the Revenue Laws 21 
 
 REDEMPTION— 
 
 Act the more effectually to provide for the redemption of real estate sold 
 
 under execution 69 
 
 EUSSELL COUNTY— 
 
 Act authorizing publication to be made in a newspaper in the city of Co- 
 lumbus, Georgia 166 
 
 Act to establish a bank at Opelika 106 
 
219 
 
 ST. CLAIR COUNTY— 
 
 Act to prevent the destruction by fire of property in the towns and villages 166 
 
 SUPREME COURT REPORTS— 
 
 Act lo amend the law relating to the printing 85 
 
 SALT— 
 
 Act to authorize the governor to lease for a period of not exceeding ten 
 years to the Confederate government, a certain portion of the Saline Re- 
 serves 56 
 
 Act to enable the people of Alabama to procure necessary supplies of salt 
 
 at reasonable prices, Ac ... 56 
 
 Act to amend an act supplemental to two several acts in relation to salt. .. 58 
 
 Act to prevent salt manufactured by any of the lessees of the public salt 
 
 lands of this State from being sold to non-residents of this State 61 
 
 Act to authorize executors, administrators, guardians and trusteees to pro- 
 vide salt for their trust estates 78 
 
 SMALL POX— 
 
 Act to prevent the introduction and spread of small pox in the State of 
 
 Alabama 46 
 
 Act to provide means for arresting the spread of small pox in TalLipoosa 
 
 county 161 
 
 SHELBY COUNTY— 
 
 Act changing the line between Jefferson and Shelby counties 156 
 
 Act to prevent the destruction by fire of property in the towns and villages 166 
 
 STATE BONDS— 
 
 Act to authorize the issue and sale 30 
 
 STATE TREASURER— 
 
 Act to provide just compensation for the services of the State Treasurer. . 83 
 
 SECRETARIES OF THE GOVERNOR— 
 
 Act to provide just compensation for ihe Secretaries of the Governor 84 
 
 SECRETARY OF STATE— 
 
 Act to authorize the Secretary of State to employ a Clerk 84 
 
 SUMTER COUNTY— 
 
 Act detaching it from the southern and attaching it to the middle chancery 
 
 division 157 
 
 Act amending the law in relation to public bridges 167 
 
 Act for relief of indigent families of soldiers 179 
 
 Act for relief of certain officers 179 
 
 TREASURY NOTES— 
 
 Act to authorize the issuance of Treasury note change bills by the State 
 of Alabama 83 
 
 Act to amend an act to authorize the issuance of Treasury note change 
 
 bills 84 
 
 Act to amend an act to authorize the issuance of Treasury note change 
 
 bills 36 
 
 Act to place at the disposal of the Governor an addtional Fum to carry in- 
 to effect the act to authorize the issuance of Treasury note change bills 8ft 
 
 TAXES- 
 
 Act to amend the Revenue laws 8 
 
 Act to amend an act to exempt from taxation a certain amount of proper- 
 
220 
 
 TAXES -Continued. 
 
 ty of volunteers, &c 17 
 
 Act to authorize the courts of county commissioners to levy a tax for the 
 
 support of indigent families of soldiers, &c , 17 
 
 Act to repeal the tax on county seals in certain cases 18 
 
 Act to regulate the sale and exportaiion of corn 44 
 
 TRANSFER OF SPECIAL FUNDS— 
 
 Act authorizing the transfer of certain funds raised for special purposes to 
 the general fund of the State Treasury 25 
 
 TALLAPOOSA COUNTY— 
 
 Act to provide means for arresting the spread of small pox in this county. . 167 
 
 TANKERSLEY, GEORGE G., Sr.— 
 
 Act to aid the executors of his will to probate the same 172 
 
 TUSCALOOSA COUNTY— 
 
 Act to rem#ve the estate of Nancy M. Thompson from Tuscaloosa to 
 
 Greene county 170 
 
 TRUSTEES— See Administkatoes. 
 
 WALKER COUNTY— 
 
 Section 1140 of the Code amended as to this county 100 
 
 Act changing the time of holding the circuit court ,. . . 159 
 
 Act more eflectually to provide for the support of the indigent families of 
 
 soldiers 168 
 
 Act for the relief of indigent families of soldiers 179 
 
 WINSTON COUNTY— 
 
 Act changing the time of holding the circuit court 159 
 
 WILCOX COUNTY— 
 
 Act in relation to the estate of Lewis L. Langbam. 173 
 
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