ted.

An act amendatory to an act, passed by the Leg islature of Alabama, at Huntsville, the 16th Dec. 1819, entitled an act to establish a public road therein named.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That Hance M. Cuningham, 'rs ap- William Russell and Han by Files, be, and they are hereby appointed commissioners to view a road cut out and opened by John Byler, and his associates under provisions of the above recited act; to confer with the said › ascer- John Byler and his associates, and ascertain the expense which has been situa- incurred in the opening said road, and the probable expense which may accrue from the completion of the same and also to take into considera tion the present rates of turnpikage as allowed by law; and report the result of their proceedings and deliberations to the next General Assembly : for which service, they shall receive two dollars for each and every day they may be necessarily employed in the duties above assigned them, to be paid by the said John Byler and his associates.

of the

. Court

Sec. 2. And be it further enacted, That the county court of Lauderdale at their next session, after the first day of January, one thousand eight hunLauder- dred and twenty-one, appoint five commissioners, to view out a road lead.. to ap- ing the nearest and best way from the foot of the muscle shoals to intersect it com- the military road in a direction for Columbia, and report to the next sucsioners. ceeding court, who shall order the same to be opened and kept in repair, according to the existing laws respecting public roads.

manent

m'rs.

[Approved, December 20, 1820.]

An act to establish the seat of Justice in Blount county, and for other purposes.

Section 1. Be u enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the permanent site for the seat of Justice for Blount county, is hereby established in the town of Blountsville.

Sec. 2. And be it further enacted, That John Fowler, Richard Yeelding, Lewis Johnson, Joseph H. Mead, and John Gilbraith be, and they are hereby appointed commissioners to superintend the public buildings for said county

Sec. 3. And be it further enacted, That the commissioners aforesaid, be, rthouse and they are hereby authorised to draw on the county treasurer, for the I jail. county of Blount, for such sum or sums of money as the county court of said county may think proper to allow them, to be appropriated to the building a court house and jail, for said county.

[Approved, December 18, 1820.]

An act to lay taxes on the inhabitants of Washing. ton county.

Section 1. Be it enacted by the Senate and House of Representatives of the Court State of Alabama, in General Assembly convened, That the county court of y tax. Washington county, be, and they are hereby authorised, in addition to the tax now authorised by law to lay on the inhabitants of said county, not exceeding one fourth of the State tax; which said tax shall be assessed and collected in conformity with the laws regulating the assessing and collection of taxes now in force.

be

Sec. 2. And be it further enacted, That so much of the said tax as may How ap- necessary, shall be applied to the payment of the bridges built over the opriated Sinta Bogue, and Pine Barren creeks, in conformity with an act of the legis

lature of the Alabama territory, entitled an act, authorising the building of bridges over Sinta Bogue, and Pine Barren creeks in Washington county, passed 13th February, 1818. [Approved, December 29th, 1820.]

An Act concerning Divorce.

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Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the sever- Circu al circuit courts of this State, shall be and they are hereby invested courts with power and jurisdiction to decree divorces in the manner herein- power after mentioned, and in the following cases, that is to say: In favour of divorce the husband where his wife shall have been taken in adultery, or voluntarily left his bed and board, for the space of two years, with intention of abandonment, or where she shall have abandoned him and liv- Causes ed in adultery with another man, or other men. And in favour of the divorc wife, where her husband shall have left her for the space of two years. with intention of abandonment, or where he shall have abandoned her and lived in adultery with another woman or with other women, or where his treatment to her is so cruel, barbarous, and inhuman, as actually to endanger her life.

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Courts

Sec. 2. And be it further enacted, That in the cases before mentioned, the party desirous of obtaining a divorce, may apply to the circuit Chance court of that county, in which he or she resides, by a bill in chancery, to grant stating the grounds of the application, on which such proceedings shall vorces be had as are usual in other suits in chancery.

non-esi ent def't

Sec. 3. And be it further enacted, That if the court shall be satis- Notic fied that the defendant is not a resident of this State, order of publication shall be made as in other cases of non-resident defendants, except that the order shall succinctly state the object of the bill.

Defenda

Sec. 4. And be it further enacted, That the defendant may appear and may a answer the complainants bill without oath, denying the allegations swer wit thereof, or if the defendant shall fail to appear and answer, the cause out oath. may be set down for trial, but the bill shall not be taken for confessed, fessed b bot proof shall be required to support the allegations thereof, as in want of a cases where they are decided by answer.

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Sec. 5. And be it further enacted, That the court may pronounce a de- Divort cree for a divorce, according to the provisions of this act, but such de- not to re cree shall not operate so as to release the offending party, who shall ding part remain nevertheless subject to all the pains and penalties which the from indi law prescribes against a marriage where a former wife or husband is ment. living.

Sec. 6. And be it further enacted, That the court pronouncing the Alimony, decrec of divorce, shall also decrec and order a division of the estate of the parties, in such way as to them shall seem just and right, having due regard to the rights of each party and their children, if any: Provided however, that nothing herein contained, shall be construed to compel either party to divest him or herself of the title to real estate. Sec. 7. And be it further enacted. That pending a suit for a divorce, temporary the court may make such temporary orders respecting the property and parties as they shall deem equitable.

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delivered

Scc. 8. And be it further enacted, That when a decree shall be ren- proceeddered for a divorce, it shall be the duty of such court to make out at inge to be the request of the party in whose favour the decree is rendered, a to Speaker complete copy of the record, and evidence in said suit, which shall be House of certified by said clerk, and by him sealed up and directed to the Represens Speaker of the House of Representatives of the State of Alabama, and latives, endorsed thereon that it is a decree for a divorce; which decree and proceedings shall be delivered to said Speaker, by the party, or his or her attorney, applying for the same within and during the ensuing session of the Legislature.

aker's Sec. 9. And be it further enacted, That it shall be the duty of the Speaker of the House of Representatives in the presence of the members of the house to open such record, and cause the same to be read and proceeded on according to the constitution of the State of Alaba[Approved, December 21, 1820.]

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An Act to authorize the County Court of Conecuh County to levy tax for building a Court-House and jail in said county, and for other purposes therein mentioned.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the county court of Conecuh, be and is hereby authorized and required to lay a tax on all persons and property in said county subject to taxation, not exceeding one third of the state tax, which shall be collected by the tax collector in the same manner, and for the same compensation that the state tax is collected, and paid into the county treasury.

Sec. 2. And be it further enacted, That the county court of the aforesaid county of Conecuh, be, and is hereby authorized and required to approappropriate for the building such court house and jail as may have been contracted for, and also for other county purposes, all the monies that shall be collected in pursuance of the preceding section

ated.

Sec. 3. And be it further enacted, That the election precinct pointed out Election by law at William Brewers, be and the same is hereby discontinued, and cinct. instead there of, Cumming's mill be and is hereby made an election precinct in Conecuh County.

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Sec. 4. And be it further enacted, That the town of Sparta shall be, and e at Spar remain the permanent seat of Justice for the aforesaid county of Conecuh. Sec. 5. And be it further enacted, That the county courts of the counties of Butler and Henry respectively, be, and they are hereby authorized and enry and required to lay a tax on all persons and property subject to taxation in the tler Co. thorised aforesaid counties respectively to be collected under the same regulations lay tax. as are provided in the first section of this act respecting Conecuh county, which monies when collected shall be paid by the tax collector into the county treasury, and shall be appropriated by the said county courts respectively to county purposes.

Com'rs to

Sec. 6. And be it further enacted, That the commissioners heretofore seat of appointed to fix upon a seat of justice for Butler County be and they or a stice in majority of them, are hereby authorized to lay off such number of lots of tler Co. the lands that they may or shall have procured for that purpose, and to dispose of the same, in such manner as they may think most expedient for the benefit of said county.

Sec. 7. And be it further enacted, That there shall be an election precinct at the house of Hartwell Elder in addition to those heretofore appointed in Butler county. [Approved Dec. 7, 1820.]

An act to authorise Killis Walton to emancipate a negro man named Tom.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That Killis Walton, of Lawrence county, be, and he is hereby authorised and empowered to emancipate and set free a negro man slave, aged forty years, named Tom, so soon as the said Killis Walton, shall have executed to the chairman, or chief justice of the county court of Lawrence, and his successors in office, a bond, with sufficient security, to be approved by the county court, con-. ditioned, that said negro man slave Tom, shall never become chargeable to this State, or any county or town within the same.

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[Approved, December 11, 1820.]

An act to establish a public road from the southern boundary line of township eight, in range four or five, west of the basis meridian of Huntsville, to the Falls of Tuskaloosa. Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That a public Road esta road leading from the southern boundary line of township eight, in range four or five, west of the basis meridian line of Huntsville, by the nearest and best rout to the Falls of Tuskaloósa river, be, and the same is hereby established.

blished.

Sec. 2. And be it further enacted, That Thomas D. Crab, and his associates be, and they are hereby authorised and empowered to lay By whom out and open said road from the said eighth township line, in range four opened. or five west as aforesaid, by the most eligible rout which they have

or hereafter may discover.

Sec. 3. And be it further enacted, That the said Thomas D. Crab, and his associates be, and they are hereby authorized, so soon Turnpike gates. as they shall have layed out and opened said road, to erect two turnpike gates thereon, at some convenient places, as nearly equidistant from the two extremes of said road as may be practicable.

And the said Thomas D. Crab, and his associates may demand and receive of, and from each and every person who shall or may travel or said road, and pass through the said gate or gates; at each gate the following rates of toll, to wit:

Toll rates.

For every four wheel carriage, thirty-seven and a half cents; for every two wheel car inge, twenty-five cents: for every man and horse twelve and a ban cents for every pack horse, six and a fourth cents : for every loose horse, six and a fourth cents; for every head of cattle, one cent; and for every head of hogs or sheep, one half cent. And if any person shall pass round, or through said gate, with intent to Penalty for avoid the payment of toll, he or she, shall for every such offence, for- passing feit and pay to the said Thomas D. Crab, and his associates, treble round so a the amount which his, her, or their toll would have been: to be re- void tell. covered before any justice of the peace, with legal cost for the same.

Sec. 4. And be it further enacted, That the county court of Cotaco, shall appoint two or more persons, who shall view said road establish- Com'rs, to ed by virtue of this act; and they shall decide, whether in their epi- be appoint nion the road is completed in a good and sufficient manner, that wag- the road, ons carrying two thousand pounds, and drawn by four horses, can conveniently pass the same.

Sec. 5. And be it further enacted, That it shall be the duty of the county court of Cotaco, when application is made, or in their opinion it is necessary to appoint two or more commissioners to examine said road, and report their opinion to the county court.

And if, in the opinion of the commissioners appointed by virtue of this act, the road is not in good and complete order, they shall direct the turnpike gates to be opened, and no toll shall be demanded or received, under the penalty of twenty dollars.

ed to view

No Toll

whilst the road is out

of repair.

And should the said Thomas D. Crab and his associates be convictPenalty for ed of receiving toll, when the gates are directed to be opened the se- exacting cond time,they shall forfeit all rights, privileges and immunities under toll. this act.

Sec. 6. And be it further enacted, That when the turnpike gates have been opened, and the said Thomas D. Crab and his associates shall Com'ss reconceive the road repaired in a good and sufficient manner, they shall recorded apply to the county court of Cotaco. to appoint two commissioners to

port to be

view and report said road. under their hands and scals; and the report of the commissioners shall be entered of record by the clerk of the county court, and then it shall be lawful for the said Thomas D. Crab and his associates, to receive the tolls allowed by virtue of this act; Provided, the commissioners are of opinion, the road is in sufficient reCom'rs. pair. And the commissioners appointed by virtue of this act, shall compensa- receive such compensation, as the county court may direct; to be paid by the said Thomas D. Crab and his associates.

tion.

Sec. 7. And be it further enacted, That the said Thomas D. Crab and his associates shall commence the said road within six months, road wher and the same shall be completed within eighteen months. And the to be open-said Thomas D. Crab and his associates shall have all benefits and profits arising from the tolls, for the period of twelve years.

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Alabama Lodge.

Com'rs.

[Approved December 18, 1820.]

An act authorising Lotteries for the benefit of the Alabama Lodge No. 51, of Ancient Free Masons, Halo Lodge of Cahawba, and Rising Virtue Lodge No. 30, of Tuskaloosa. Section 1. BĘ it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That it shall and may be lawful for John Murphy, William B. Patton, Henry W. Taylor, Gurdon Robinson, John Gayle, James Dellet and Charles O Foster, or a majority of them to raise by lottery, in one or more classes, as to them may seem most convenient and necessary, any sum not exceeding fifteen thousand dollars; to be appropriated in erecting and furnishing a Masonic Hall for the use and benefit of the Alabama Lodge number fifty one of Ancient Free Masons, in the town of Claiborne.

Sec. 2. And be it further enacted, That the aforesaid John Murphy, Com'rs. to William B. Patton, Henry W. Taylor, Gurdon Robinson, John Gayle, give bond. James Dellet, and Charles O. Foster, or as many of them as may choose to serve, shall before they enter upon the duties assigned to them in this act, enter into bond with sufficient security before the Chief Justice of the County Court of Monroc county, conditioned for the faithful discharge thereof: which bond may be put in suit in the name of the Governor of the state of Alabama for the time being, by any person 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 Prizes to aforesaid persons or as many of them as may choose to act, within ninebe paid. ty days of the completion of the drawing of said lottery, to pay to the fortunate drawers in said lottery or to their heirs or assigns such prizes as may be due, agreeably to the scheme they may have determined upon and published.

Sec. 4. And be it further enacted, That the drawing of said lottery Lottery may be had at the town of Claiborne, or at any other place that may to be agreed upon by the managers aforesaid; giving due notice of the drawn time and place of such drawing, which shall be conducted in such man

where

ner and under such regulations and responsibilities as to the aforesaid persens may seem most expedient: Provided, that each clerk or other person concerned in the drawing shall take an oath before any justice of the peace, faithfully and impartially to discharge their respective dutics.

Time of Scc. 5. And be it further enacted, That if the said lottery or any class drowing li- thereof be not drawn within three years after the scheme of the same shall have been published, the same shall cease, and the purchasers of tickets may demand and recover of the managers or persons before

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