The same; section 2. The same; section 3. The same; section 4. The same; section 5. The same; section 6. The same; section 7. required to be paid into the 'Mobile Trade Company may be paid in notes of the United States treasury, or the notes of any of the national banks authorized by the law of Congress authorizing the establishment of national banks; and any portion of the charter of said 'Alabama Direct Trade and Exchange Company' which may require payment in different funds from that in this section, shall not be construed to apply to this charter. "SEC. 3. Be it further enacted, That any three persons named in this charter, with such other persons as they may associate with them, are hereby authorized to organize under this act. "SEC. 4. Be it further enacted, That the affairs of the 'Mobile Trade Company' shall be under the management of three (3) directors, to be elected by the stockholders annually, one of whom shall be elected by the directors, as president, with such other officers as said board shall find necessary from time to time. "SEC. 5. Be it further enacted, That said company may receive moneys on deposit, and pay out the same, upon such terms as may be agreed; Provided, The same be done in accordance with and subject to all laws of the State regulating or governing such cases; that they may become insurers, taking fire, marine or life risks, and such other risks as are taken by insurance companies of any kind, subject to all laws of the State governing or regulating such companies. "SEC. 6. Be it further enacted, That wherein the said act incorporating the Alabama Direct Trade and Exchange Company,' or the acts amendatory of the same, shall be at conflict with anything contained in this charter of the Mobile Trade Company,' that so much of the same shall be inoperative as to this charter. 6 "SEC. 7. Be it further enacted, That where the words, 'Confederate States' or 'Confederate notes' appear in the amended act of said Alabama Direct Trade and Exchange Company,' it shall not apply to the charter of the Mobile Trade Company,'" be amended by adding the following as section eight: "That in the navigation of the waters of the State of Alabama, or of any other State or country, they may make stipulations with companies or individuals to run in connection with railroads for the transportation of iron, coal, marble, slate, merchandise and commerce generally, as well as for carrying passengers and the mails. That they may put vessels into the foreign trade, as contemplated in said charter, at such subsequent time as the directors of said company may think proper and expedient to do so; but such delay shall in no way impair the right of said company to continue the navigation of the waters of the State, or of the United States, and to exercise all other rights and prerogatives guaranteed in the charter of the Mobile Trade Company."" SEC. 3. Be it further enacted, That the following Addenda, as additional section shall also be added to said act of incor- section 9 of poration, as section nine: SEC. 9. That the president and directors may desig charter. and oath of of nate such officers and agents of the company as shall give To wit: Bond Approved, December 6, 1866. > No. 91.] AN ACT For the relief of Executors, Administrators and Guar dians. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That it shall be lawful for the judge of the probate, upon satisfactory evidence, to grant an order to executors, administrators and guardians to sell, public or private, in or out of the State, all uncurrent money or railroad stock which they have in their possesion, belonging to their respective estates, and they are hereby required to report, within thirty days after said sales, to the judge of their probate of the proper county, for confirmation of said sales. Approved, December 7, 1866. Personal repmay sell pri resentatives vately uncur rent money or R. R. stock. Confirmation. 1 Baine Co. To form a new county, to be called the county of Baine. 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, Boundary lines. a new county shall be formed out of portions of Cherokee, DeKalb, Marshall, Blount, St. Clair and Calhoun counties, to be called the county of Baine, with the following boundaries, to-wit: Beginning at the south-east corner of township twelve (12), range eight (8); thence north by range line between ranges eight (8) and nine (9), until it intersects Ballplay creek; thence, following the channel of said creek, to the Coosa river; thence, down the Coosa river, to the range line between ranges seven (7) and eight (8); thence north by said range line to the boundary line between the counties of Cherokee and DeKalb; thence north-east along the said boundary line to the south line of section two (2), township nine (9), range eight (8), east; thence west along said section line to the range line between ranges four (4) and five (5); thence south along said line to the south line of section twelve (12), township ten (10), range four (4); thence west, along said section line, to where it intersects Clear creek; thence, down said creek, to where it empties into the Warrior river; thence, up said river, to the township line between twelve (12) and thirteen (13) (in the county of Blount); thence east, along said section line, to where it intersects Little Canoe creek; thence, down said creek, to the Coosa river; thence, down said river, to the township line between townships thirteen (13) and fourteen (14); thence east, along said line, to range line between six (6) and seven (7); thence north, along said range line, to the top of Colvin's Mountain; thence a north-east direction, along the top of said mountain, to the beginning point-there being within the above described territory an area of six hundred and twenty square miles, and a white population of White inhab. Over six thousand souls, leaving all the counties affected by this act with more than the constitutional area and population. Area. itants. SEC. 2. Be it further enacted, That Thomas J. Wofford, William P. Hollingsworth, John S. Moraigne, John P. Commissioners. Ralls, and Howell McLeskey, be, and they are hereby county officers. appointed a commission, whose duty it shall be to hold an election upon a day to be fixed by the Governor, for such county officers as are or may be authorized by law Election of 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 to vote, or may then be qualified to vote for the like officers; and all persons who have resided within the bounds of the said new county for the period of thirty days immediately preceding said election, and who have the qualifications prescribed by the laws of this State, shall be entitled to vote at said election. 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 commission, who shall certify said return to the Secretary of State, and issue certificates of election to such officers as may prove to be elected, who shall thereupon be commissioned in like manner as is now provided by law for such officer to be commissioned; and such officers shall give bonds before entering upon the duties of their offices, as is now provided by law. Said commissioners shall, before entering upon their duties as a commission, subscribe an oath before some justice of the peace, to conduct said oath. 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. Commiss'rs' SEC. 3. Be it further enacted, That it shall be, and it is hereby made the duty of the commissioners, at least twenty days before the election for county officers, to County site. select and put in nomination three sites for the location of the seat of justice of said county, one of which shall be Gadsden, which sites shall not be nearer to each other than five miles, nor more than ten miles from the centre of said county; and it shall be the duty of said commissioners to open and hold an election at the same time and places for holding the election for county officers, and under the same rules for the selection of one of the places for the county site; aud the site receiving the majority of all the votes cast shall be declared the permanent seat of justice of the said new county; and in the event no one of the sites in nomination shall receive a majority of all the votes cast, it shall be the duty of Election precincts. transferred. said commissioners to hold another election, upon giving twenty days notice, that in the second election only the two places having received the highest number of votes in the first election, shall be voted for as the permanent seat of justice. SEC. 4. Be it further enacted, That the court of county commissioners shall have power to establish 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 by law to do. SEC. 5. Be it further enacted, That where suits are pending against defendants, residing in said new county, Suits pend'g, in any circuit or chancery court of the counties from which the said new county is 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 no oath for change of venue shall be required. Approved, December 7, 1860. Barbour Co. To authorize the Commissioners' Court of Barbour county to levy a tax for county purposes. 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 commissioners' court of Barbour county be, and the same is hereby authorized and empowered to levy such a tax, for county purposes, upon the State tax, as they may think proper, not to exceed one hundred per cent. on State tax. Approved, December 7, 1866. |