Wim Whitaker. Esquite, on said dividing line; from thence thở nearest and best way to Colonel Burris' store, (paying dus attention to private property) near said dividing line between the counties a foresaid.

Sec. 2. Be it further enacted, That the justices of the Inferior courts • of the counties of Madison and Limestone shall appoint from oach of County to the counties aforesaid, two overseers of the said road, and designate appoint othe points between which their respective overseers shall work g the justices of the Inferior courts aforesaid, shall also appoint from each of the counties aforesaid, two persons to apportion the hands to work under their respective overseers.

Sec. 3. Be it further enacted, That so soon as the overacers shall have completed said road, the commissioners shall report the saine to the succeeding inferior courts of their respective counties.

[Approved, Nov. 30th, 1820.)

An Act providing for the payment of William Pye. Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That William Pye, be and he is hereby allowed the sum of twenty dollars for the use of his house, and other accommodations furnished the Supreme Court, at their session in May last.

Sec. 2. And be it further enacted, That the Comptroller of Accounts be, and he is hereby required to audit, and the Treasurer is hereby required to pay the aforesaid amount of twenty dollars

[Approved, Dec. 7th, 1820.]

An Act for the relief of John Boyce.

Section 1. Be it enacted by the Senate and House of Representatives of The State of Alabama, in General Assembly convened, That the Comptroller of Public Accounts be, and he is hereby authorised and required to issue his warrant on the Treasurer, in favor of John Boyce, for fifty nine dollars and fifty four cents, being the amount of ten per cent interest paid by said John Boyce, on the second instalment of the par chase money of three lots in the town of Cahowba. [Approved, November 39, 1820.)

An Act authorizing a review of Flint River, in Cotaço County.

Section 1. BE it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That David Parker, Jonathan Burlison and JohnBirdwell, or any two of them be und fhey are hereby authorized, carefully to review Fint River in Cotaco county, from its junction with the Tennessee river to the main fork therein, and report the practicability of its navigation, and the distanco by them reviewed, to the next General Assembly.

Com's res

port.

Commis. sioners

port

Sec. 2. And be it further enacted, That if in the opinion of the commissioners, it is practicable to navigate the castern or western branches. Make røm of Flint river above the forks, it shall be their duty to report the same to the next General Assembly, and the expences that they may think decessary to open the same. [Approved December 6, 1820.)

E

sioners.

4 Act declaring the Oaktuppa creek a navigable stream, &c.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the creek called Oaktuppa, situated in Washington county, and emptying into the Tombeckbee river, be, and the same is hereby declared a navigable stream, from the mouth thereof, up to Philips' mill.

[Approved December 6, 1820.]

An Act authorizing a Lottery for the benefit of the navigation of the Buttahache river.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That it shall and Commis- may be lawful for Anthony Winston, William Wilson, Jesse Vanhoose, James Davis, Robert Gillespie, Isaac Anderson, James Moore, 'William Metcalf, Jabez Fitzgerald, Lemuel Bean, J. S. Fulton, Richard Ellis and John D. Terrell, or a majority of them who may take upon Lottery them the duties enjoined by this act, to raise by lottery in one or more. authorised classes as to them may seem necessary, any sum not exceeding thirty thousand dollars, to be appropriated, exclusively, to the naviga tion of the said Buttahache river: Provided always, that the navigation Not to in- of said river, shall in nowise effect private property, without just comjure pri- pensation being made therefor, which compensation shall always be vate pr'ty ascertained by a jury, according to the existing laws regulating the erection of mill dams.

Sec. 2. And be it further enacted, That the said Anthony Winston, Wm. Wilson, Jesse Vanhoose, James Davis, Robert Gillespie, Isaac Anderson, James Moore, Wm. Metcalf, Jabez Fitzgerald, Lem. Bean, J. S. Fulton, Richard Ellis and John D. Terrell, or such majority of them as may choose to serve, shall, before they enter upon the duties to them assigned in this act, enter into bond with sufficient security, payCommis- able to the Governor for the time being, or his successors in office, beners to fore some one of the Judges of the Circuit Court of this state, condive bond. tioned for the faithful performance of all the duties of them required

by this act.: which bond, by the Judge taking the same, shall be placed in the Clerk's office of the Circuit Court for Marion or Franklin county in this state, and may be put in suit in the name of the Governor of the state of Alabama for the time being, by any person or persons who may be injured by a breach of any of the provisions of this act.

Sec. 3. And be it further enacted, That it shall be the duty of the said Prizes to persons, or such of them as may choose to aet under this law, be paid in within ninety days after the completion of the drawing of the lottery 90 days. aforesaid, to pay to the fortunate drawers in said lottery, or to his, her or their legal representatives, such prize as may be due agreeably to the scheme they may have determined upon and published.

where to

Sec. 4. And be it further enacted, That the said lottery shall be drawn at Franklin court house or Marion court house in this state, as may be agreed on by the acting managers aforesaid, who shall in Lottery some printed newspaper within the state give due notice, of the time be drawn. and place of such drawing; which shall be conducted in such manner Managers and under such regulations, and responsibilities as to the aforesaid per to take an sons may seem most expedient: Provided, that each clerk or other persoa concerned in the drawing of said lottery shall take an oath be

oath.

tere some J stice of the Peace, faithfully and in partially to discharge their respec ve duties.

Sec. 5. d be it further enacted, That should the said lottery, or any class thereo not be drawn within four years after the scheme thereof Lottery l shall have boin published, the same shall cease, and the purchasers of be draw tickets may demand and recover of the managers, named in the first in 4 year section of this act, any money disbursed for tickets in said lottery.

Sec. 6. And be it further enacted, That within a convenient and reasonable time after the lottery shall have been drawn, the commissioners acting under this act shall give public notice in some newspaper, that the navigation of the said river Buttahache at a certain place will be let to the lowest bidder, which lowest bidder shall be the undertaker of the said river; Provided he shall give to the said managers good and sufficient security to their satisfaction: for the faithful performance of his undertaking. And the said managers shall be authorized to make to the said undertaker such disbursements and at such times as they may think proper. [Approved December 18, 1820.]

An Act to incorporate the town of Selma in the county of Dallas.

Section 1. BE it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That all that tract of land included within fraction thirty-six in township seventeen, Limits of range ten, and fraction thirty one, in township seventeen, range eleven town. west of Alabama river, including the river adjoining said fraction, to

the middle of the same in the county of Dallas, shall be called and known by the name of the town of Selma.

Persons

vote.

Sec. 2. And be it further enacted, That on the first Monday in April next, and annually thereafter, between the hours of ten o'clock in the Election of forenoon and three o'clock in the afternoon, an election by ballot shall councillors be held for five councillors at some convenient public place in said town. And that all free white male persons of the age of twenty-one years and upwards who shall be land holders or house holders within qualifi'd to the same, or shall have resided therein three months, next preceding such election, shall be entitled to vote for said councillors; and when the election shall be closed, the managers thereof shall proclaim the result and give notice to the persons elected, who shall on the following day at the hour of eleven o'clock in the forenoon, meet at theplace where Intendant said election was held, and there proceed to elect by ballot from their elected. own body, an Intendant whose duty it shall be to preside and preserve order atall meetings of the Council, and the persons so elected shall continue in office until therr successors are duly qualified.

how to L

Superin

Sec.. 3. And be it further enacted, That the first election shall be heid and conducted by Gilbert Shearer, William Johnston, Benjamin tendants e L. Saunders, Nathaniel G. Brown, and William Read, or any three lected. of them who shall give ten days previous notice of the time and place of holding said election by advertising in three or more public places in said town. And all future elections shall be managed by such persons, not exceeding three in number, as the Intendant and Council shall annually appoint, who shall give the like notice of the time and place of holding the same. And the Intendant and Council respec tively, shall before entering on the duties of his or their office take the Oath of inLollowing oath before some Justice of the Peace of Dallas county to tendant

Seal.

wit: I do solemnly swear, that I will equally and impartially perform all the duties required of me by the act incorporating the town of Selma, so nelp me God.

Sec. 4. And be it further enacted, That the Intendant and Council are hereby declared to be a body corporate, by the name of the Town Incorpora- Council of Selma, and by that name, they and their successors, shall ted. be capable of suing and being sued, pleading and being impleaded in all manner of suits, either in law or equity, to have a common seal, and the same to alter at pleasure, and may purchase, have, hold, possess, receive, enjoy, and retain in perpetuity, or for any term of years, Own pro any estate, real or personal, not exceeding in value ten thousand dolperty. lars, and may sell or lease the same.

vacancies

Sec. 5. And be it further enacted, That if the Intendant die, resign, be removed from office, or absent the Council shall fill such vacancy in Council by an appointment pro tempore or otherwise, and vacancies in the how filled. Council shall be filled by the Intendant and remaining Councillors; a majority of whom shall be a quorum to transact business.

Sec. 6. And be it further enacted, That the Council shall have pow er to pass all such orders bye-laws and ordinances respecting the streets, Powers of markets, buildings, pleasure carriages, wagons, carts, drays, and pothe councii lice of said town, that shall be necessary for the security and welfare of the inhabitants thereof; and for preserving health, peace, order and good government within the same, and to assess a tax on the inhabitants thereof, not exceeding one third part of the amount of the State tax which is paid for property of the same kind, they shall have power to prevent and remove nuisances, to appoint patrois and define their duties, to affix fines for offences against their bye-laws and ordinances, not exceeding fifty dollars for every offence, to be recovered before the Intendant, or any member of the Council, for the use and benefit of the town, to assess a tax on licenses to retailers of spiritous and other liquors, and billiard tables kept for use in said town, not exceeding on the former the sum of ten dollars, and on the latter the sum of fifty dollars in any one year; they shall have power to appoint a Clerk and Treasurer, an assessor and collector of taxes, and constable for said town, to affix the salaries and fees of such officers respectively, and define their duties, to confine any person or persons for a time not exceeding two hours, who shall incur any penalty or forfeitare inflicted by any of the ordinances of said corporation, passed conformably to the powers vested in them by this act.

lors canact

Sec. 7. And be it further enacted, That the Intendant and each and every of the Counci, shall be vested with all the powers and auCouncil- thorities that justices of the peace are vested with by the laws of this as Justices State, and shall and may exercise the same within the limits of sard of Peace. town, but in matters of debt, only where the Town Council shall be a party; subject nevertheless to an appeal to the CircuitCourt of the county in which such town shall be, as in cases of appeals from the decisions of justices of the peace.

tax land.

Sec. 8. And be it further enacied, That the intendant and Council shall have no power to assess a tax on lands which shall not have been Power to laid off and sold, or any property of the United States, or this State, or property belonging to any seminary of learning, church, or religious society, they shall have no power to tax the improvements on any lot for the term of three years, or to make any bye-laws or ordinances repugnant to the laws of this State, and this act and all the bye-laws and ordinances shall be subject to revision, or repeal by the General Assem bly,

Sec. 9. And be it further enacted, That if the Intendant or any member of the Council shall be guilty of any wilful neglect of duty, or malpractice in office, he shall forfeit and pay a sum not exceeding two hundred dollars for every such wilful neglect or malpractice, to be recovered by any person suing for the same, in any court having cognizance thereof, and paid into the Treasury of the county, in which said town shall be.

Sec. 10. And be it further enacted, That if an election shall not be held Failure o according to this act, the Intendant and Council for the time being, election shall order an election to be held within twenty days thereafter, and provided the Councillors thus elected shall continue in office until the next annual election.

[Approved Dec. 4, 1820:]

An Act to authorize Jeremiah Austill to dispose of the lands of the late David Files.

Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That Jeremiah Austill be, and he is hereby authorised so soon as he shall have obtained letters of administration on the estate of the late David Files, to sell at private sale, the lands purchased by the said Files of the United States and to transfer to the purchaser the certificates for the same.

[Approved, December 7th, 1820.]

for.

Exempts

An Act to organize the Militia of this state.. Section 1. Be it enacted by the Senate and House of Representatives of the State of labama in General Assembly convened, That all free white men and indented servants between the age of eighteen and forty five years, shall compose the militia of this state: Judges of the Supreme, Chancery, Circuit and County courts, and their respective from mili clerks, Secretary of state, Treasurer, Comptroller, Attorney General, tia duty Solicitors to the different Circuits, licensed Ministers of the Gospel of every denomination, Public Ferrymen, Justices of the Peace, Postmasters, and Post-riders, shall be exempt from militia duty, except in case of imminent danger, insurrection, or invasion.

Sec. 2. And be it further enacted, That the militia of this state Division: shall compose four Divisions; the first of which shall consist of the First. counties of Jackson, Madison, Limestone, and Lauderdale; the second Division shall be composed of the counties of Cotaco, Blount, St. Clair, Second. Lawrence, Franklin, Marion, Tuscaloosa, Shelby, and Jefferson; the third Division shall be composed of the counties of Greene, Marengo, Third. Perry, Cahawba, Autauga, Montgomery, Dallas, and Wilcox; the fourth Division shall be composed of the counties of Monroe, Conecuh, Henry, Butler, Clarke, Washington, Baldwin, and Mobile: which Di Fourth, visions shall form nine Brigades; the first of which shall be composed of the counties of Jackson and Madison; the second, of Limestone and Lauderdale; the third, of the counties of Cotaco, Blount, and St. Clair; the fourth, of the counties of Lawrence, Franklin, and Marion; the fifth, of the counties of Tuscaloosa, Jefferson and Shelby; the sixth, of the counties of Greene, Marengo, Perry, and Cahawba; the seventh, of the counties of Autauga, Montgomery, Dallas and Wilcox; the eighth, of the counties of Monroe, Conecuh, Henry and Butler; the ninth, of the counties of Clarke, Washington, Baldwin and Mobile; each of which shall be commanded by a Brigadier General: Each Brigade shall Asist of not less than two, nor, more than five Regi

Brigades.