town; and may punish any and all offenders by imprisonment, not to exceed twenty-four (24) hours,

SEC. 5. Be it further enacted, That the intendant and council shall have power to levy such tax upon the Taxes. property of the inhabitants of said town, as may be necessary for the proper government of said town, and shall have compulsory process to collect the same..

SEC. 6. Be it further enacted, That the intendant and Marshal. council shall, at their first meeting, elect a marshal and such other officers as they may deem proper, who shall hold their offices for one (1) year, unless sooner removed by said intendant and council; that the marshal shall execute all processes issued by the intendant or other officer of said incorporation, and do and perform all such duties as may be prescribed by the ordinances or bylaws of said town; that the marshal and all other officers elected by the board, may be required to give bond, in such sum as may be required by the intendant and council, payable to the said intendant and council; and the said intendant and council may recover against the officers and his securities, for any breach of said bond, in any court having jurisdiction.

made magistrate.

SEC. 7. Be it further enacted, That the intendant shall Intendant have and exercise all the powers of a justice of the, peace, within the incorporation; shall try all offenses committed against the ordinances and by-laws, when present; but in the absence of the intendant, any one of the councilmen may preside at such trials.

clause.

SEC. 8. Be it further enacted, That all laws on the Repealing subject of incorporating said town be, and the same are hereby repealed.

Approved, February 7, 1871.

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To incorporate the town of Pickensville, in the county of Pickens.

SECTION 1. Be it enacted by the General Assembly of Alabama, That the town of Pickensville, in the county of Pickens, be, and the same is hereby incorporated; and the corporate limits of said town shall embrace an

1

Boundaries area of land three fourths of a mile square, the boundary of corporation lines of which shall be equi-distant, east, west, north, and south, from a point as a center where Main and Broad streets cross each other; and the future inhabitants, as well as the present inhabitants of the said town of Pickensville, as by this act incorporated, shall be, and they are by this act constituted, a body corporate and politic, under the name and style of the town of Pickensville; under and by which name and style, and acting by and through the proper officers of said incorporation, hereafter to be designated, all the corporate powers and privileges of said town by this act granted, shall be executed and carried into effect.

officers.

SEC. 2. Be it further enacted, That on the first Monday in March, one thousand eight hundred and seventy-one, Election of and on the same day in each and every year thereafter, an election for mayor, marshal, and four councilmen, who shall be resident citizens, shall be held by a magistrate and two citizens, at some convenient and public place in said town; and all subsequent elections shall be held by the mayor and two councilmen ; who shall serve for the term of one year thereafter, and until their successors are elected and qualified. The said mayor and council shall be, and are hereby constituted a body name and pow-corporate, by the name and style of "the corporate authorities of the town of Pickensville," and by that name they and their successors in office shall be capable of suing and being sued, pleading and being impleaded, in all manner of suits, either in law or equity; also to keep and have a common seal, or to break or change the same at pleasure; to purchase, hold and dispose of, for the benefit of said town, real, personal or mixed property to the amount of ten thousand dollars, and in general to do all the acts incident to bodies corporate.

Corporate

ers.

SEC. 3. Be it further enacted, That it shall be the duty of the mayor to preside and keep order at all meetings of the council and in case of his absence or incapacity, any of the council may be chosen to preside. The duties of may- mayor shall be invested with the jurisdiction and powers, and shall perform the duties of justices of the peace in Pickens county, and shall be subject to the same penalties and liabilities.

or.

Powers and

SEC. 4. Be it further enacted, That the said corporation shall have power to ordain or pass all such ordinances,

T

Powers of

ordinances, &o

by-laws and resolutions, and make all such regulations,
as may by them be deemed necessary for the good corporation to
government of said town, which may extend to the pass by-laws or
preservation of health; to prevent and remove nuisances;
to license, tax and restrain theatrical amusements, shows
and museums, of all kinds whatever, within said corpo-
ration; to restrain and prohibit every species of gambling,
drunkenness, profane swearing or obscene language,
assaults and batteries, and all other breaches of the
peace; to appoint night watches, when necessary; to
clean and keep in repair the streets of said town, and
prohibit trespasses on the same; to collect taxes on all
property, both real and personal, and to sell real estate
for the payment of said taxes, in the same manner pre-
scribed by the laws of Alabama for the sale of real estate
for the payment of taxes due the State, within said
corporation, for defraying the expenses of the same; to
grant licenses to retailers of spirituous or vinous liquors,
and to regulate and restrain them when deemed a nuis-
ance; to grant licenses to, and to tax merchants,
auctioneers, lawyers, physicians, dentists, daguerrean
artists, keepers of stallions, and hotels; to levy the same
tax on itinerant or transient merchants, dentists, and
physicians, who remain in such corporation less than
one year, as is levied on permanent merchants, dentists,
or physicians; which tax shall be sued for and collected
at any time the corporate authorities may direct; to
prevent the introduction of contagious or infectious
diseases within the town; to restrain and prohibit all
meetings of disorderly persons; and, in general, to pass
such by-laws, not contrary to the constitution of this
State and the laws of the same, as are necessary to carry
into effect the intent and meaning of this act; and to
execute and revoke or alter the same.
The said corpo-

rate authorities shall have power to appoint a treasurer,
assessor, collector, and marshal, and such other subor-
dinate officers as they may think necessary, and by
ordinance require securities for the several officers so
appointed, and annex such fees to the several offices, not
exceeding fifty dollars per month, as they shall deem
necessary. They are hereby also empowered to impose
such fine or fines, not exceeding fifty dollars, for any
breach of their by-laws, as they may deem proper; and
all fines by them imposed shall be sued for in the name

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Treasurer.
Assessor.

Collector.

Marshal.

Arrest for fine.

Marshal.

Vacancies.

Elections.

of the corporation, before any justice of the peace, and the money so recovered shall be paid to the treasurer, for the benefit of said town.

SEC. 5. Be it further enacted, That when a fine or fines shall be imposed upon any person or persons for any breach of the by-laws or ordinances of said town, the mayor or any of the councilmen shall immediately issue a warrant to the marshal, requiring him to detain such offender in custody till the fine or fines and costs imposed upon him are paid.

SEC. 6. Be it further enacted, That the marshal elected under the provisions of this act shall give bond, with sufficient security, in such an amount as shall be determined by the corporate authorities, for the faithful performance of his duties; which bond shall be filed in the office of the clerk of the circuit court of Pickens county. The said marshal shall exercise the powers, discharge the duties, and be subject to the liabilities of any constable in said county.

SEC. 7. Be it further enacted, That when vacancies occur in the board of councilmen by death, resignation, or otherwise, such vacancies shall be filled by the board; and the member or members so added shall continue in office until the succeeding annual election.

SEC. 8. Be it further enacted, That in every election to be holden by the qualified electors of the town of Pickensville, for mayor, marshal and councilmen, there shall be elected a mayor, marshal, and four councilmen ; the person receiving the highest number of votes for mayor shall be declared elected; the person receiving the highest number of votes for marshal shall be declared elected; and the four persons receiving the highest number of votes for councilmen shall be declared elected. Notice of such election shall be published at least ten days next preceding the day of election; and the said election shall be conducted by the mayor and two councilmen; and should the election not take place on the day fixed for the annual election for mayor and councilmen, it shall be the duty of the corporate authorities to fix some other day, as early as convenient, within one month thereafter; on which day an election shall be held for mayor, marshal, and councilmen, as prescribed in this section.

SEC. 9. Be it further enacted, That all male persons

of twenty-one years of age and upwards, who have resided within the limits of said corporation three months, and within the State six months immediately preceding an election for mayor. marshal, and councilmen, shall be qualified voters; Provided, That no one shall be deemed a qualified elector at such election, who is not a qualified elector for members of the General Assembly of Alabama.

Electors.

SEC. 10. Be it further enacted, That in case of vacancy Vacancy in mayor's office. in the office of mayor, it shall be the duty of the councilmen to order an election, at as early a day as convenient, within one month, to fill said vacancy; and said election shall be holden as prescribed in the preceding section of this act.

cers.

SEC 11. Be it further enacted, That the mayor and Oath of officouncilmen elected under the provisions of this act, shall severally, before entering upon their official duties, take the oath of office prescribed by the constitution of this State, before some officer qualified to administer the same; which oath shall be filed in the office of the probate judge of Pickens county.

SEC. 12. Be it further enacted, That the corporate authorities of the town of Pickensville shall appoint a Clerk. clerk, whose duty it shall be to keep a record of their proceedings, and publish the same, and all ordinances and by-laws, in some newspaper, or at three public places in said town.

SEC. 13. Be it further enacted, That all laws and parts Repealing of laws contravening the provisions of this act, be, and clause. the same are hereby repealed.

SEC. 14. Be it further enacted, That the inhabitants of Public roads Pickensville, within the corporate boundaries of said and streets. town, shall be exempt from working on public roads and highways out of the corporation, but the highways and streets within said corporate boundaries shall be kept in repair by the corporate authorities of said town. Approved, February 7, 1871.