To prevent willful evasions of the Revenue Laws of this

State.

officers.

SEC. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That it is the duty of all county officers to see, Duty of county within the sphere of their observation, that the revenue laws are observed and faithfully executed, and if any judge of probate, sheriff, clerk, assessor or collector or other county officer have reason to believe that any person is peddling goods of any kind as agent or otherwise, or is in any capacity exhibiting or selling slaves, or doing any other business for which license is required, without license, or is doing any other act by which the revenue laws of this State (or any provisions thereof) are directly or indirectly violated or evaded, it is hereby made the duty of such officer to make affidavit of the same immediately before some justice of the peace, and said justice shall cause such person to be, on warrant, brought forthwith before him, and if the proof be sufficient, bound over with good security to answer for the charge at the next circuit court; he must also summon or bind over a sufficient number of witnesses who know the facts; the justice may also cause such persons to be bound over on their own observation or knowledge of the facts.

Assessments on

moneys.

SEC. 2. Be it further enacted, That when an assessment is made for money loaned or used on or for any item or species of property, interest, employment, &c., whatever, as required and contemplated by the provisions of law, or claim made for license, and the money due thereon is likely to be lost by delay or cannot be collected in the ordinary mode prescribed by law, it is the duty of the collector if he have good reason to believe that any person is indebted to or hath effects of the person from whom the amount is due for such assessment, &c., to apply to the judge of probate, stating the facts to him, the amount due, to whom assessed, and the name of the person indebted; and said judge must issue process of garnishment in the usual form against the person indebted, requiring him to appear before him at any time he may appoint not beyond thirty days, said garnishment to be executed by the collector, who, in respect to Collector may such garnishment, is to act as constable or sheriff; said garnishee. judge has jurisdiction of any amount, but is to proceed in all other respects as in cases of garnishment before justices of the peace, if a sufficient amount be condemned in the

ure to enforce his law.

hand of the garnishee to pay the assessment and costs. The costs are one dollar to the judge and one dollar and fifty cents to the collector, to be paid by the garnishee as a part of the amount condemned and to be collected by execution if not paid. Money thus realised must be immediately paid over and accounted for in the proper list and as other monies are.

SEC. 3. Any county officer who shall knowingly neglect Penalty for fail- any duty contemplated and prescribed by this act, is guilty of a misdemeanor, and may be proceeded against by indietment, and on being found guilty, fined any sum the jury trying the offence may assess.

Choctaw ecun

ty.

Hancock coun

APPROVED, February 10, 1852.

For the apportionment of the State into seven Congressional Districts.

SEC. 1. Be it enacted by the Senate and House of Rep-. resentatives of the State of Alabama in General Assembly convened, That the congressional districts of this State shall remain as established by the act entitled "an act to divide the State of Alabama into seven congressional districts, approved February 13th, 1843; and that the county of Choctaw shall constitute a part of the 4th, and the county of Hancock a part of the 5th congressional district, said counties voting separately as other counties.

SEC. 2. Be it further enacted, That the sheriffs of the counties of Choctaw and Hancock be authorised and required to hold elections in their respective counties, and to make returns of the same to the respective returning officers of their districts, as prescribed by the law of 1843, and that all other provisions of said law shall be of force and effect in the counties of Choctaw and Hancock.

SEC. 3. And be it further enacted, That this act shall cease to exist as a law from and after the first day of March, 1854. APPROVED, February 10, 1852.

To apportion Representatives among the several counties in this State, and to divide the State into Senatorial Districts.

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

Representatives of the State of Alabama in General Assembly convened, That representatives shall be apportioned. among the several counties in this State, in the manner following to wit: The county of Mobile, four; the coun- Number of rep ties of Barbour, Benton, Chambers, Cherokee, Franklin, resentatives and Tallapoosa. Jackson, Macon, Pike, Talladega and Tallapoosa, three representatives, each; the counties of Butler, Coosa, Dallas, DeKalb, Fayette, Greene, Henry, Lauderdale, Lawrence, Limestone, Lowndes, Madison, Marengo, Marshall, Montgomery, Bibb, Blount, Perry, Pickens, Randolph, Russell, Shelby, Sumter, Tuscaloosa, and Wilcox, two representatives, each; the counties of Autauga, Baldwin, Clarke, Coffee, Choctaw, Conecuh, Covington, Dale, Monroe, Morgan, St. Clair, Hancock, Marion, Walker, Washington and Jefferson, one representative, each.

SEC. 2. Be it further enacted, That the county of Mobile shall constitute the first senatorial district; second Senatorial dis district, Baldwin, Monroe and Clarke; third, Coffee, Cov-tricts. ington, and Conecuh; fourth, Dale and Henry; fifth. Barbour; sixth, Pike; seventh, Russell; eighth, Macon; ninth, Montgomery and Autauga; tenth, Dallas and Wilcox; eleventh, Sumter, Choctaw and Washington; twelfth, Greene and Marengo; thirteenth, Perry and Bibb; fourteenth, Lowndes and Butler; fifteenth, Coosa; sixteenth, Tallapoosa; seventeenth, Chambers; eighteenth, Randolph ; nineteenth, Talladega; twentieth, Benton; twenty-first, Jefferson and Shelby; twenty-second, Tuscaloosa; twenty-third, Pickens; twenty-fourth, Marion and Fayette; twenty-fifth, Franklin; twenty-sixth, Lawrence, Hancock and Walker; twenty-seventh, Blount and St. Clair; twenty-eighth, Cherokee; twenty-ninth, Marshall and DeKalb b; thirtieth, Jackson; thirty-first, Madison; thirty-second, Limestone and Morgan; thirty-third, Lauderdale.

cers.

SEC. 3. And be it further enacted, That the sheriffs of the counties of Monroe, Covington, Dale, Montgomery, Returning offi Dallas, Choctaw, Marengo, Jefferson, Fayette, Hancock, St. Clair, Marshall, Limestone, Butler and Perry, be the returning officers of the senatorial districts to which their counties are attached; and it is hereby made the duty of the sheriff's of the counties in each senatorial district to make to the returning officers of the proper senatorial districts returns of the elections holden in their respective counties for senators, within ten days after any such elec- Time of making tion; and it shall be the duty of the returning officers of the different senatorial districts to compare the returns so made Duty of returnto them, and declare the election, make returns and give ing officer.

returns..

certificates to the persons elected, as is now provided by law; and if there should be a tie, shall give the casting

vote.

APPROVED, February 10, 1852.

Location.

&c.

To establish a State Hospital for Insane persons in Alabama.

SEC. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That there shall be established in Alabama a state hospital for the care and proper treatment of insane persons; the county in which it is to be located to be determined by a joint committee of the Senate and House of Representatives, to be appointed by the president of the Senate and speaker of the House respectively, consisting of one from eaoh judicial circuit, to be associated with the governor, and the particular site to be selected by five commissioners to be named by said committee.

SEC. 2. Be it further enacted, That the said instituBody corporate, tion shall be a body corporate and politic, under the name and style of "The Alabama Insane Hospital," and by that name may sue and be sued; may contract and be bound; have, possess and enjoy monies and property, and have perpetual succession; may have and use a common seal, and break or alter the same at pleasure; and for the purposes herein set forth, shall have all the necessary powers, such as appertain to corporate bodies, with all powers properly incident to corporations of such nature.

SEC. 3. Be it further enacted, That the property of Property of cor- said corporation shall consist of such fund or funds as may poration. from time to time be provided by the State for the establishing and support of said hospital, and of such other monies, property, and assets, as may be acquired by the said institution by gift, devise, bequest, or otherwise, and the profits thereof. The said means shall be employed in the acquisition of a proper site and the erection of the proper and necessary buildings, to be used for the care, the maintenance, the treatment, and cure of insane persons.

Board of trustees.

SEC. 4. Be it further enacted, That the affairs of the said corporation shall be transacted, managed and governed by a board of three trustees until it shall be ready to receive patients, any two of whom shall be competent to act;

and afterwards, and when the necessary out-buildings shall be erected and ready for use, then the said corporation shall be governed by a board consisting of a president aud six trustees, not less than four of whom, out of the seven, shall be a quorum competent to transact business, a majority of which quorum may decide in all cases, and bind the said corporation by its acts.

cers shall be

Qualifications.

SEC. 5. Be it further enacted, That the said president and trustees shall be nominated by the governor of How the offi Alabama so often as necessary; said nomination shall be chosen. submitted to the Senate for approval or rejection. The governor shall, temporarily, fill all vacancies in said board. in the recess of the Senate, and all appointments made by the governor shall continue till the action of the Senate be had thereon. The first three trustees shall be selected with a view to their qualifications, to cause the necessary out-buildings to be erected and completed, and may continue to serve till they are so completed, afterwards the president and trustees shall be selected with a view to their capacity for the management of the hospital. Three of said permanent trustees, or the president and two trustees, shall be resident of the county where the hospital shall be located, or of an adjoining county, and the remainder shall be residents of other parts of the State. When the said six permanent trustees shall be appointed, two shall serve for two years, two for four years, and two for six years. Their appointments shall be specified respectively, and the How appointed

Residence of trustees.

duration of their term of office shall run from the time of and term of of

approval by the Senate. All subsequent appointments shall fice. be for six years, and all vacancies shall be filled for the unexpired term of the office become vacant. The president shall be appointed for six years, to run from the day of approval as aforesaid, and all appointments made shall, before approval, be considered temporary filling of vacancies. till regularly filled and approved. The governor shall have power to remove the president, or any trustee, for cause deemed sufficient by him. The Senate may, likewise, by a vote of a majority of the whole body, at any time, make such removal. The president and trustees shall receive no compensation for their services, but may receive travel- Compensation. ling expsenes actually paid out while attending on the business of the corporation.

SEC. 6. And be it further enacted, That it shall be the duty of the comptroller of the State to appropriate and set Moneys, how to be expended. apart out of the revenue of the State of Alabama, other than trust funds, and which shall actually come into