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Organization.

Sec 5. And be it further enacted, That said Trustees, or a majority of them, may organize the corporation on notice signed by any three of them, and published for three weeks in a newspaper printed in said county, of the time and place of such organization, when, if a majority of said Trustees attend the meeting, they may proceed to organize by the election of a President and other proper officers. Approved, Feb. 17, 1848.

Preamble.

Rights vested in
J. Mayberry.

Proviso.

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To amend an act, approved 7th January, 1835, entitled "an act to incorporate the Centreville Bridge Company."

Whereas, it has been represented to this Legislature that, in consequence of the want of subscription of stock to an amount sufficient to the construction of the bridge contemplated to be built in said act, the interest of the said corporation has been duly assigned to Jacob Mayberry, who has constructed the same in a manner greatly advantageous to the public, therefore,

Section 1. Be it enacted by the Senate and House of Repre sentatives of the State of Alabama, in General Assembly convened, That all the rights, privileges and powers vested by the above recited act in the said incorporation, be, and the same is hereby vested in Jacob Mayberry, his heirs and assigns, for the period prescribed in said act, with the power to collect the same tolls prescribed in said act, and do such other acts, and be liable to the same penalties stated in said act: Provided, That nothing in this act contained shall be in any way construed so as to affect any suit or suits at law now pending in favor of or against said Bridge Com

pany.

Approved, March 6, 1848.

Corporate name and powers.

[No. 15.]

AN ACT

To incorporate the Ahuah Temple of Honor.

Section 1, Be it enacted by the Senate and House of Repre sertatives of the State of Alabama, in General Assembly convened, That the several persons now associated as members of the Ahuah Temple of Hanor, and such as may hereafter become members of the same, shall be recognized as a body

corporate, under the title of "The Ahuah Temple of Honor,"
and by that name to do all acts common to similar corpo-
rations, with power to hold real and personal estate to any
amount not exceeding ten thousand dollars.
Approved, March 4, 1848.

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To prevent the giving, selling or delivering of any kind of spirituous, fermented or other strong liquor to any student or pupil of the University of Alabama, or of any Academy or School of this State.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened. That from and after the passage of this Selling spirituous act, if any licensed retailer of spirituous liquors, or other per dent or pupil, de liquor to any stu son or persons who keep spirituous or fermented liquors for clared unlawful. sale, shall give, sell or deliver to any student or pupil of the University of the State of Alabama, or of any Academy or School in this State, or to any other person for the use of any such student or pupil, knowing the use for which it is intended, any spirituous, fermented or other strong liquor of any kind whatsoever, without the consent or permission of a parent or guardian of such student or pupil, or of such person as may have the care and charge of such student or pupil, the licensed retailer or other person or persons so of fending, shall be liable to indictment for each and every such offence, and shall, on conviction, be subject to a fine Penalty. of not less than fifty nor more than five hundred dollars,

to be assessed by the jury trying the case.

Sec. 2. And be it further enacted, That it shall be the duty of the several Circuit Judges in this State to give this Judges to give this act specially act specially in charge to the grand jury, at each term of in charge. the Circuit Court over which they respectively preside.

Sec. 3. And be it further enacted, That it shall be the Caution to retailduty of all retailers of such spirituous or other liquors to es.

take notice, at their peril, of all persons, provided they be minors, who are students of said University or of the Schools aforesaid.

Sec. 4. And be it further enacted, That all laws or

parts of laws contravening the provisions of this act be, Repeals, and the same are hereby repealed.

Approved, Feb. 18, 1848.

When attorney

from the 1ell.

[No. 17.]

AN ACT

To amend the law in relation to Attorneys.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That hereafter, if a judgment shall be obtained against any practising Attorney in this State for money collected by him for any client, and execution on any such judgment shall be returned by the proper ofshall be stricken ficer with the endorsement thereon "no property found," it shall be the duty of the Judge of the Court to which such execution shall be so returned, upon motion, to order such Attorney so in default to be stricken from the roll of Attorneys, and such Attorney, after being so stricken from the roll of Attorneys, shall not be admitted to practice as an Attorney in any of the Courts of this State for term of five years thereafter.

For how long.

Power of Judge in argument of

causes.

Liability of at torneys for mowry collected.

Sec. 2. And be it further enacted, That the presiding Judge of any Court may permit, if in his discretion he thinks advisable to do so, more than two Attorneys to argue on each side of any cause on trial before him.

Sec. 3. And be it further enacted, That whenever any Attorney shall be proceeded against summarily, according to the provisions of Section six, on page sixty-five of Clay's Digest, in the same manner as Sheriffs may be. such Attorney shall also be liable to five per centum per month on the amount recovered from the time of the demand, until judgment.

Approved, February 18, 1848.

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To require the name of the Judge presiding below, to

be reported.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That from and after the passage of Name of Judge this act, it shall be the duty of the Judges of the Supreme who presided on Court, so long as they report the decisions of said Court, low to be publish or the Reporter of the decisions of the Supreme Court of this State, to publish the name of the Judge or Chancellor who presided at the trial of the cause below. Approved, February 10, 1848.

trial of cause bes

ed.

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To amend and continue in force an act entitled "an act to regulate the affairs of the Banks, and provide for the payment of the State Bonds," approved the 4th Februaly, 1846.

Messrs. Lyon,

Section 1. Be it enacted by the Senate' and House of Representatives, of the State of Alabama, in General Assembly convened, That the resignations of Francis S. Resignation of Lyon, William Cooper, and Clement C. Clay, as Commis- Cooper and Clay sioners and Trustees appointed under and by virtue of the accepted. provisions of the above recited act, to settle the affairs of

the Bank of Alabama and its several Branches, be and the same are hereby accepted.

F. S. Lyon and Jas successor as

Sec. 2. And be it further enacted, That all the remain- All remaining ing effects of the Bank of the State of Alabama and of the assets vested in several Branches thereof, and all debts, demands and estate of whatever description thereto belonging, shall be trustee. vested in Francis S. Lyon, of Marengo County, and his successor or successors in office, as Commissioner and Trus-tee; who, before entering upon the duties of his office, shall enter into, bond, with good and sufficient security, in He shall give the sum of one hundred thousand dollars, payable to the bond for $100,000 Governor of the State, and to be approved by him, condi

tioned for the faithful discharge of his duties, whose term Term of service of office shall be two years, and until his successors are two years. qualified, and whose duty it shall be to collect, secure, is duties and compound, compromise and settle the same at the earliester.. May compound day the same can be done, having regard alone to the in- debis. seft real terest of the State. He may sell, lease or rent the real es- estate and make tate, and sell the personal property of said Banks for cash, and make such title to the same as may be vested in the Bank of the State of Alabama, or any of the Branches thereof: Provided, that in case of sale of real property, a longer time of credit than three years shall not be given to any purchaser.

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titles.

Proviso.

1846, declared

Sec. 3. And be it further enacted, That the said act, entitled "an act to regulate the affairs of the Banks and provide for the payment of the State bonds," approved the Act of Feb. 4, 4th day of February, 1846, and all other laws now in force in force. regulating the collection of the debts due to said Banks, and prescribing the mode of settling up their affairs, except so far as altered or modified by this act, be and the same are hereby continued in force.

Sec. 4. And be it further enacted, That the said Com- Trustee shall exmissioner and Trustee hereby appointed shall be, and is ercise full discre hereby authorized, in collecting the debts due to said tionary powers.

State.

Having in view Banks, and in disposing of the property, real and personal, the interet of the belonging to such, and in settling up and closing the affairs of each, and in providing for the payment of the State debt, if in his judgment the public interest shall so require, to appoint, in addition to the principal assistant at each May appoint as. Bank, one Clerk at the Branch Bank at Montgomery, and

sistants.

Proviso.

clerks.

two Clerks at the Branch Rank at Mobile: Provided such clerks are only retained so long as the public interest may require: And provided, also, the salaries of such clerks shall not exceed, at Mobile, at the rate of twelve hundred Compensation of dollars per annum, and at Montgomery at the rate of eight hundred dollars per annum. And the said Commissioner Ast. Com. to give and Trustee is hereby required to take good and sufficient bonds, with ample security, from the assistant commissioners, and clerks and agents, before they respectively enter upon the discharge of their several duties, fu sneh sums as said Commissioner and Trustee may prestribe.

bond.

1

Trustee may use

Sec. 5. And be it further enacted, That it shall and may be lawful for said Commissioner and Trustee hereby ap funds belonging pointed, in providing aud transferring funds for the payment of the public debt, or the interest thereof, to. use any funds or meaus belonging to the State.

to the State.

Sec. 6. And be it further enacted, That the said Commissioner and Trustee hereby appointed shall be authorIf thought necesized, if in his judgment the public interest would be theresary for the public good addis by promoted, to appoint one competent Clerk to assist him tional clerks shall in a careful investigation into the accounts, books, and afbe appointed.. fairs of each of said Banks, and in causing the accounts

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relating to their circulation and cash transactions to be thoroughly investigated and correctly stated: Provided. such Clerk shall only be retained in office so long as may be necessary to complete such investigations and correct the errors, if any there be, in the accounts of said Banks: And provided further, the salary of such clerks, for the time so employed, shall not exceed the rate of one thousand dollars per annum for the time so employed.

Sec. 7. And be it further enacted, That if said Commissioner and Trustee, or any agent, clerk, or officer by him employed, shall use any of the funds, means or assets of said Banks, for any other purpose than the purpose herein specified, and the needful expenses arising thereon, he or they shall hereafter, on conviction by a jury, in addition to the penalties now imposed by law, be rendered forever incapable of holding any office of honor, profit or trust in Le State of Alabama.

Sec. 8. And be it further enacted. That in any and all suus in favor said Banks, or either of them, it shall be lawful for the said Commissioner or Trustee, or any agent or

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