than the tax or license on four horse omnibuses in said city, and that the rate of charges for freight or passage, shall not be reduced without the consent of said Randall D. Berry, his representatives or assigns, below the rates allowed in said city, to omnibuses or wagons.

SEC. 3. Be it further enacted, That when said Ran R. D. Berry; dall D. Berry obtains the consent of the corporate author-exclusive right ities of the city of Selma, to the construction of railways in the streets of said city, he shall thereupon be invested with the exclusive right to construct and use railways on the streets of said city; Provided, That the corporate authorities of said city shall resume the right to grant to other persons the right to construct and operate rail- Proviso. ways on any of the streets of said city, on which the said Randall D. Berry, his heirs or assigns, shall fail or refuse, after notice from said corporate authorities, to construct and operate a railway on such streets. Approved, December 3, 1866.

To authorize the Commissioners Court of Pickens county to levy a special tax.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the court of county commissioners of Pickens county, be and is hereby authorized to levy a tax of one hundred and fifty per cent. on the State tax, for county purposes, if in the judgment of said court the necessities of the county shall require it. Approved, December 4, 1866.

Pickens county.

Special tax 150 per cent.

No. 59.]

AN ACT

To amend Section seventy-four of the Code.

SECTION 1. Be it enacted by the Senate and House of

Code amended.

Representatives of the State of Alabama in General Assem-Sec. 74 of the bly convened, That section seventy-four of the Code of Ala bama, be amended by inserting in the first line between

Susan Butler,

ized.

"must" and "after," the words "during and," which said section seventy-four is in the following words: "The Secretary of State must, after each session of the General Assembly, prepare for publication, fair copies of the acts and joint resolutions of the General Assembly, and the journals of each House.

Approved, December 4, 1866.

For the relief of Elly Smith and Susan Butler, of
Clarke county.

SECTION. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the marriage of Elly Smith and Susan Butler, both of Clarke county, in this State, heretofore Elly Smith & solemnized, be, and the same is hereby legalized and demarriage legal clared to be valid and binding from the date of solemnization, and that the said parties shall enjoy all the rights of the marital state, and the said Elly Smith be, and he is hereby relieved from all the pains and penalties imposed by sections thirty-two hundred and thirty-one and two, (3231-3232) of the Code of Alabama, or section fifty-eight of the Criminal Code.

Approved, December 4, 1866.

To create a new county of portions of Chambers, Tallapoosa, Macon and Russell to be called the county of Lee.

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 act, that all of Chambers county in township twenty of range Lee county. twenty-five, twenty-six, twenty-seven, twenty-eight, and fractional twenty-nine, commencing on the Chattahoochee river, one mile south from where the northern boundary line of said township line intersects said river,

Constituted.

Limits.

thence west on section line across ranges twenty-nine and twenty-eight, thence south one mile, thence west across ranges twenty-seven, twenty-six and twenty-five, to Chambers county line, thence west one mile, thence south one mile, thence west four miles, thence south one mile, thence west one mile to range line, so as to embrace eighteen miles in township twenty, range twenty-four, thence south on range line eight miles, thence in a direct line to the south-east corner of township eighteen, range twenty-five, thence east three miles, thence south two miles, thence east along a section line across ranges twenty-six, twenty-seven, twent-yeight and twenty-nine to the river, thence up said river to starting point, be, and the same are hereby constituted into a new county, to be called the county of Lee.

Com'rs.

Election

for

SEC. 2. Be it further enacted, That J. F. Boggett, James F. Dowdell, Robert Kellam and William Perry, Jno. R. Hubbard, C. O. Melton, and R. J. Brownfield, William Barney, and Isaam Dorsey and W. C. Ross, and Jno. T. Harris, free-holders, of said new county of Lee, be and they are hereby appointed a commission whose duty it shall be to hold an election on a day to be fixed county officers. by the Governor for such county offices as are or may be authorized by law, to be elected by the people of each county in the State. Said commissioners shall appoint managers for said election at such places as are now election precincts, within the bounds of said new county, that in said election all persons who are by law, now qualified voters, or may then be qualified to vote for the like offices, and who reside within the bounds of said new county, shall be entitled to vote. The managers of said election shall be governed by the same rules as now govern managers of elections in this State. Said managers shall make a return of said election to said commissioners, who shall certify said returns to the Secretary of State, and issue certificates of election to such officers as may be found to be elected, who shall thereupon be Proviso. commissioned in like manner as is now provided by law for such offieers to be commissioned, and shall give bond before entering upon the duties of their office, as is now provided by law; Provided, said commissioners shall first subscribe an oath before some justice of the peace, to conduct said election as may be prescribed by law, and to issue certificates of election only to such persons as may appear from said returns to be elected.

how selected.

SEC. 3. Be it further enacted, That it shall be the duty of the commissioners appointed in the foregoing section, at least twenty days before the election of county officers provided for in section second of this act, to select three sites for the location of the seat of justice of said county; which sites or places shall not be nearer to each other than five miles, nor more than ten miles from the centre of said new county. The sites for the court house shall be put in nomination at least twenty days, by said commissioners, before the day appointed for the Court House; election of county officers; and it shall be the duty of said commissioners to open and hold an election, at the same time and place for holding the election for county officers, and under the same rules, for the selection of one of the places for the county site; and the place receiving a majority of all the votes cast shall be declared to be the permanent seat of justice of said new county of Lee. And in the event that no one of the three places in nomination shall receive a majority of all the votes cast, it shall be the duty of said commissioners to hold another election for the selection of a county site, by giving twenty days' notice, as hereinbefore provided; and if upon the second election no one place shall have been found to have received a majority of all the votes cast, then the said commissioners shall select two of the three sites most eligible for said seat of justice, and whichever of the two sites shall receive a majority of all the votes cast, the same shall be declared to be the seat of justice.

Election pre

cincts.

SECTION 4. Be it further enacted, That the court of county commissioners shall have power to re-district Powers of Com election precincts in said new county; to divide the same into beats, and perform such other acts as county commissioners are or may be authorized to do by law.

missioners.

Property in

to taxation for

tion of debts due.

SEC. 5. Be it further enacted, That the property in Lee Colable the new county of Lee, taken from the counties of pro rata propor Chambers, Tallapoosa, Macon and Russell, respectively, shall be liable to taxation for the pro rata proportion of any debts which may now be due by said counties, and the same shall be levied, collected and paid over to the proper authorities of said new county.

Suits pending transferred.

SEC. 6. Be it further enacted, That when suits are pending against defendants residing in said new county, in any of the circuit or chancery courts from which said new counties are formed, the same may be transferred for

trial to the court of said new county having jurisdiction thereof, when the courts are fully organized, in the same manner as a change of venue from one county to another is now had, except that no oath for change of venue shall be required.

disfranchised

SEC. 7. Be it further enacted, That no person holding officers inoffice at the time of the election of county officers for the cumbent not said new county, provided for in section second of this act, in any of the counties from which the said new county is formed, shall be deprived of his said office, but may continue to discharge the duties of his office for the time for which he was elected, and not in anywise be affected by the passage of this act.

Approved, December 5th, 1866.

To authorize Edgar G. Dawson, a citizen of the State of Georgia, to execute the will of Mrs. Eliza Terrell in accordance with the request contained in said will.

son, executor.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That Edgar G. Dawson, a citizen of the E. G. State of Georgia, who has, by the last will and testament of Eliza Terrell, deceased, been appointed her sole executor, be authorized, in accordance with the request of the said testatrix, to qualify as executor of said will, in any county of the State of Alabama, and to do all acts necessary and proper to execute the said will, without giving bond.

Approved, December 5th, 1866.

In relation to the burnt, lost, or otherwise destroyed Records and papers of the Circuit, Chancery, Probate Limestone Co. and Commissioners Courts of Limestone county.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assem