Charles Pearson from being moved against, by the Comptroller of public accounts; And provided further, that the said Charles Pearson shall, before he becomes entitled to the benefit of this act, enter into a new bond with security, conditioned as his first bond was. [Approved, Dec, 14, 1822.] AN ACT To establish a Public Road from Ditto's Landing to Marston Mead's in Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That a public road leading from Ditto's landing Road es- on the Tennessee river, by the nearest and best route to tablished. Marston Mead's in Blount county be, and the same is hereby. established. Sec. 2. And be it further enacted, That Tobias Dearick, By whom George D. Staton, and their associates be, and they are to be laid hereby, authorized and empowered to lay out and open said out and road by the most eligible route which they have or hereafter may discover. pened. toll. o Sec. 3. And be it further enacted, That the said Tobias Dearick and his associates be, and they are hereby, auTurnpike gates may thorized, so soon as they shall have laid out the said road, to be erected erect one or more turnpike gates thereon, and that the said Tobias Dearick and his associates may demand and receive of and from each and every person who shall or may trav el on said road, and pass through the said gate or gates, at Rates of each gate, (if but one): For every four wheel carriage, seventy-five cents; for every two wheel carriage, thirty-seven and a half cents; for every man and horse, twelve and a half cents; for every horse, or mule, six and a quarter cents; for every head of cattle, four cents; for every head of sheep, Proviso. hogs or goats, two cents: Provided, that nothing in this act shall be so construed as to authorize the said Tobias Dearick, George D. Staton and their associates, to erect a turnpike gate or gates on said roads, until the same shall be cut aut, from fifteen to twenty feet wide, twelve feet of which shall be grubbed; and all banks of creeks, and hills, put in such order that loaded wagons can pass with convenience. May estab- Sec. 4. And be it further enacted. That the said Tobias lish one or Dearick and his associates are hereby authorized to estabmore turn- lish one or more turnpike gate or gates as they may deem pike gates. necessary, and if two gates are established, they shall have and receive one half the foregoing rates; and if any person Penalty for passing shall pass round or through said gate, with intent to avoid round gate the payment of toll. he or she shall, for every such offence, with intent forfeit and pay to the said Tobias Dearick and his associates paying toll treble the amount which his, her, or their toll would have to avoid 1 Proviso. es not abol been; to be recovered before any justice of the peace, with legal cost for the same: Provided, that nothing herein con- Road heretained shall be so construed to abolish or interfere with the tofore road now established from Ditto's landing to the said Mead's. tablished Sec. 5. And be it further enacted, That Thomas Parrum, ished." Patrick Scott, John Yielding and Daniel Bush be, and they are hereby, appointed commissioners, who thall view said Com'rs aproad established by virtue of this act; and they or a majori pointed to ty of them shall decide, whether in their opinion the road view road. is completed, so as to authorize the reception of toll: and if in the opinion of said commissioners, the road is not in good and complete order, they shall direct the turnpike gate or gates to be opened; and no toll shall be demanded or received under the penalty of twenty dollars, and the said commissioners appointed by virtue of this act shall re- Their ceive such compensation, as the County Court of Morgan compensamay direct, to be paid by the said Tobias Dearick and his associates. tion. Road to be commenc Sec. 6. And be it further enacted, That the said Tobias Dearick and his associates, shall commence the said road ed within within twelve months; and the same shall be completed one year & within two years thereafter, or forfeit their right hereby within two completed granted; and the said Tobias Dearick and his associates or right shall have all benefits and profits arising from the tolls, for forfeited. the period of twelve years: Provided also, that nothing in Pro this act shall be so construed as to authorize Tobias Dearick and his associates, to run said road through any part of the Cherokee lands, without first obtaining permission from the Cherokee nation. [Approved, Dec. 30, 1822.] AN ACT To better designate the line between the Counties of Jackson and Decatur, and for other purposes. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the line between Jackson and Decatur counties be as follows, to wit: Beginning at the mouth of Sauta creek; thence Boundary defined. up said creek to where the Winchester road crosses said creek; thence to Jesse Thompson's; thence to Caswell Bibey's, including said Jesse Thompson, William Cundiff, Hiram Jackson, Thomas Jones John Smart, and said Caswell Bibey's in Decatur county; thence from said Bibey to the top of the mountain above William E. Haskius, where the Winchester road descends theCumberland mountain; thence to the most leading point of the mountain, between the mouth of the Lick fork and the mouth of Larkin's fork of Paint rock river; thence to the top of said mountain; thence a north-west course, to the Tennessee state line. Sec. 2. And be it further enacted, That Jackson coun have juris Jackson to diction. W. ty shall have criminal jurisdiction over all that tract of coun of Wills- try within the limits of the Cherokee nation of Indians, town val- which lies west of Willstown valley, and east of a line key. running from the mouth of Sauta creek, to the nearest point of Willstown valley. Decatur to have an Sec. 3. And be it further enacted, That Decatur counaditional ty shall have an additional election precinct, at the house of William Stedmore, on Paint rock river; in said county. election precinct. Repeal. Sec. 4. And be it further enacted, That all acts and parts of acts, contrary to the provisions of this act be, and the same are hereby, repealed. [Approved, Dec. 31, 1822.] AN ACT To establish a public Road from the house of John Gandie, in Morgan Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That a public Road, leading from the southern Road es- settlements of Morgan county, commencing at or near the house of John Gandie, by the nearest route to Baltimore, or Morgan's Springs, be, and the same is hereby, established. tablished. By whom laid out & opened. Sec. 2. And be it further enacted, That Abraham Stout and his associates, be, and they are hereby authorized and empowered, to lay out and open said Road, by the most eligible route which they have or hereafter may discover: Width, &c. The said road shall be eighteen feet wide, cleared of every obstruction; twelve feet of which, in the straight general direction of the Road, shall be cleared of stumps and grubs, either taken up by the roots or levelled with the ground, the sloping grounds and banks of water courses, shall be so worked on as to ensure the safe and easy passage of horsemen and carriages of every description: all marshes, swamps, and creeks, where necessary, shall be crosswayed or bridged with good and durable timbers, put together in a substantial and workmanlike manner, with ditches on each side of crossways wherever necessary; the crossways or bridges shall be twelve feet wide. Sec. 3. And be it further enacted, That when the said Abraham Stout and his associates shall have completed C'ty court said Road, and reported the same to the County Court of of Morgan Morgan county, it shall be the duty of said Court to appoint to appoint three suitable persons to examine said Road, and report exanline road. their opinion to the County Court aforesaid; and the said Commissioners shall receive for their services such compensation as the County Court may direct; to be paid by the said Abraham Stout and his associates. Sec. 4. And be it further enacted, That should the Commissioners appointed by virtue of the third section of this act, report that said Road is in good order, then and in that case, the said Abraham Stout and his associates, are here. by authorized to erect a Turnpike Gate at some convenient place, and demand and receive of, and from each and eve ry person who shall or may travel on said Road, the following rates of toll, to wit: For every four-wheel carriage, seventy-five cents; for every two-wheel carriage,twenty-five cents; for every man and horse, twelve and a half cents; for every loose horse, six and a quarter cents; for every head of cattle, three cents; for every head of hogs, or sheep, two cents; and if any person shall pass round said Gate with the intent to avoid the payment of toll, he or she shall for every such offence, forfeit and pay to the said Abraham Stout and his associates, treble the amount which his or her toll would have been; to be recovered before any Justice of the Peace, with legal costs for the same. ་ Rates of toll. Sec. 5. And be it further enacted, That it shall be the duty of the County Court of Morgan County, when application is made, to appoint three Commissioners to examine city court said Road, and report their opinion to the County Court; to appoint and if in the opinion of the Commissioners appointed by com'ra virtue of this act, the Road is not in good order, they shall direct the turnpike gates to be opened, and no toll shall be received under the penalty of twenty dollars, until said Road not Road shall be repaired, in a good and sufficient manner: and the said Abraham Stout and his associates, shall have exacting all benefits and profits arising from the tolls, for the period toll, of twelve years. [Approved, Dec, 23, 1822.] AN ACT To authorize David Peobles to continue a Toll Bridge, erected over the in order penalty for Bridge Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That David Peobles be, and he is hereby, authorized to continue his Toll Bridge, erected on the Escambia Creek, in the County of Conecuh, for the space of ten years, commencing from the passage of this act, and that may be he be entitled to receive from each and every person cros continued sing the same, the following toll, to wit: For every four for 10 years wheel carriage,fifty cents; for every carriage of two wheels, thirty seven and a half cents; for every man and horse, twelve and a half cents; for every footman, six and a quarter cents; for every head loose or pack horse, six and a quarter cents for every head of cattle, four cents: for every head of hogs, sheep or goats, two cents. Sec. 2. And be it further enacted, that if the said David Peobles shall fail to keep the bridge and causeway annexed thereto, extending on each side of the swamp of said Rates of toll. Penalty for Proviso. creek, in good order, it shall be lawful for any person on not keep- giving information, by oath, to the Judge of the County ing bridge Court, or to any Justice of the Peace for said County, to in repair. recover from the said David Peobles the sum of twenty dollars, one half of which shall be for the use of the County, the other half for the use of the informant: Provided, that nothing in this act contained, shall be so construed, as to prevent the County Court of said County, fron erecting another bridge at any other point over said creek, and Proviso. regulating the toll thereof: And provided also, that nothing in this act shall be so construed, as to prevent any person or persons from fording the said creek, without paying toll. [Approved, Dec, 14, 1822.] Intendant &c. invest AN ACT To exempt the citizens of the town of Selma, from working on any road beyond the limits of the town of Selma. Sec. 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, all persons resident within the limits of the Corporation of the town of Selma, who are by law liable to work on roads, be, and they are hereby, exempted from working on any road or roads, without the limits of the Corporation of the town of Selma. Sec. 2. And be it further enacted, That the Intendant and Town Council of Selma, are hereby declared to possess, and ed with ju- are invested with all the powers and privileges which the Judge risdiction of the County Court and Commissioners of Roads may have in respect to public roads, and are hereby empowered to enforce within the the same in the limits of the town of Selma, and no further, over roads corpora. tion. Sec. 3. And be it further enacted, That no person residing beyond the limits of the town of Selma, shall, after the passage of this act, be required to work on any road or street within the Corporation limits of the town of Selma. [Approved, Dec. 24, 1822.] AN ACT To establish a Turnpike Road leading from Lawrence county, to intersect the Military road at Pikesville, in Marion county. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That a public Road shall be, and is hereby established, to Road escommence at Martin's Gap, in the south west corner of Lawtablished. rence county, running thence the nearest and most direct way, so as to intersect the Military Road, leading from Nashville to New Orleans, at Pikesville in Marion county. out out, Sec. 2. And be it further enacted, That Joseph Burleson, By whom and bis associates, are hereby empowered to mark and cut out width, &c. said road, making the same sixteen feet wide clear of stumps and grubs, and put the same in complete repair, against the first day of October, one thousand eight hundred and twentythree, |