AN ACT

To divorce Sarah M. Bracken from her husband James A. Bracken, in pursuance of the degree of the Circuit Court of Franklin county, exercising Chancery Jurisdiction.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the bands of Matrimony heretofore existing between Sarah M. Bracken and James A. Bracken be, and the same is hereby, dissolved, and the said Sarah M. Bracken shall be entitled to all the rights and privileges of a feme sole, in pursuance of the decree of the Circuit Court of Franklin county, exercising Chancery Jurisdiction.

[Approved Dec. 17, 1821.]

AN ACT

For the relief of William Walton.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the Sheriff of Clarke county, be, and he is hereby, required to suspend the collection of an execution issuing from the Circuit Court of said county, at April term, one thousand eight hundred and twenty-one, against William Walton, one of the securities in the case of the State of Alabama against Jacob J. Todd.

Sec. 2. And be it further enacted, That the said William Walton be, and he is hereby exempted, and forever discharged from the payment of the said judgment.

[Approved, November 28th, 1821.]


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AN ACT

For the relief of Thomas H. Kirby, tax collector of Jackson county, for the year 1820.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the Sheriff of Jackson county be, and he is hereby, authorized and required, to suspend any further collection or proceeding against said collector, for arrearages that he is in, for the year one thousand eight hundred and twenty, until the county court of Jackson shall certify the amount of insolvents on said collector list.

Sec. 2. And be it further enacted, That the Comptroller of public accounts be, and he is hereby, authorized and required, to allow Thomas H. Kirby, tax collector as aforesaid, whatever amount the county court of Jackson may, at their second session in the year one thousand eight hundred and twenty-two, certify the said collector is entitled to, for insolvencies in said county, in settlement with him.

Sec. 3. And be it further enacted, That the said Thomas H. Kirby, tax collector as aforesaid, shall have until the first day of July one thousand eight hundred and twenty-two, to collect and pay over the balance of tax due for the year one thousand eight hundred and twenty, which may not be certified by the county court of Jackson to be insolvent: Provided, that nothing in this act shall be so construed as to exempt the said tax collector from the payment of any monies he may have collected.

[Approved, December 18, 1821.]

AN ACT

Legalizing the sales of certain lands and lots therein named, and for other purposes.

Whereas, by an Act passed at Huntsville entitled an Act to authorize the administratrix and administrator of David W. Micheaux deceased, to sell certain real estate therein named, and which act also required the said administratrix and administrator, before the sale of the said real estate to enter into bond with security payable to the Chief Justice of the Orphans Court, of the county in which said estate was situated, for the disposition of the money arising from the sale thereof agreeably to the existing laws regulating the distribution of the personal effects of deceased persons; and whereas the said real estate was regularly and property sold in pursuance of the provisions of the aforesaid act, except that the bond therein required was not executed, until after the sale: and whereas all persons interested therein have prayed that the sale and bond aforesaid may be confirmed, and the said administrator and administratrix have also prayed, that the proceeds arising from the said sale may


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be first applied in payment of the debts of their intestate, and the balance if any, in a course of legal distribution.

Section 1. Be it therefore enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the sale and bond aforesaid be, and the same are hereby, confirmed, and considered good and valid in all respects and to all intents and purposes, as if the said bond had been executed before the sale.

Sec. 2. And be it further enacted, That the said administratrix and administrator be, and they are hereby, authroized to apply the proceeds arising from the sale aforesaid, in payment of the debts of their intestate, and the balance, if any, be subject to a course of legal distribution, according to the provisions of the aforesaid recited act. And Whereas Edmund Lane, administrator of James H. Bell, deceased, hath prayed the sale of two lots in the Town of Cahawba, numbered forty eight, and three hundred and seventy three and also the south east quarter of section twenty five, in Township thirteen and range ten east, being the property and estate of his said intestate.

Sec. 3. Be it therefore further enacted, That the said Edmund Lane, administrator as aforesaid, be, and he is hereby, authorized to sell the certificates of the said lots and quarter section, on such terms as he may deem most advantageous, taking bond and sufficient security for the true and faithful payment of the consideration: Provided, That thirty days notice be given of the time and place of sale, and that the same be sold at public auction in the Town of Cahawba; and provided also, that before the said sale, the administrator enter into bond and sufficient security payable to the Judge of the County Court of Dallas county, for the disposition of the money arising from said sale, according to law.

Sec. 4. And be it further enacted, That the said administrator be, and he is hereby, authorized, to apply the proceeds of said sale first in payment of the debts of his intestate, and the balance if any, in a course of legal distribution.

Sec. 5. And be it further enacted, That Ann Cowan, administratrix, and James G. Cowan, administrator, of the estate of John Cowan deceased, be, and they are hereby, authorized, to sell the certificate of fractional section number eight, east of Alabama River, in township number sixteen, in range number eleven, upon such terms as they may deem most advantageous, for the interest of said estate; Provided, that thirty days notice be given of the time of sale, and that the same be sold at public auction in the Town of Selma, and that the proceeds thereof be applied, first in payment of debts, the balance in legal distribution.

Sec. 6. And be it further enacted, That the said adminis-


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tratrix and administrator, shall, before the sale of the lands herein before authorized to be sold, enter into bond with sufficient security, payable to the Judge of the County Court in which said lands are situated, conditioned for the faithful distribution of the money arising from the sale of said land.

[Approved, Dec. 6, 1821.]

AN ACT

For the relief of John McShan and William McShan, of Jefferson county.

Section 1. Be it enacted by the Senate and house of Representatives of the State of Alabama in General Assembly convened, That the Sheriff of Jefferson county be, and he is hereby, authorized and required, to suspend the collection of a forfeiture of one hundred dollars each, entered up against John McShan and William McShan, of said county, at September term one thousand eight hundred and twenty-one, as security for William McShan, to prosecute John Henry and others for a breach of the peace.

Sec. 2. And be it further enacted, That the said John McShan and William McShan be, and are forever discharged and exonerated from the payment of the aforesaid fine of one hundred dollars each.

[Approved, December 3rd, 1821.]

AN ACT

To authorize the administrator of John Wyatt, deceased, to sell certain real estate therein named.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That Henry Scales, administrator of John Watt, late of Madison county, deceased, be, and he is hereby, authorized, to sell the northeast, northwest, and south west quarters of section numbered thirty three, in township two, of range one, cast of the basis meridian, in the Huntsville, district by giving the same notice as he is required to give, and selling at the same time and place of selling the personal effects of said deceased; taking bond with approved security for the amount of the purchase money, giving twelve months credit.

Sec. 2. And be it further enacted, That the said administrator is hereby authorized and empowered, on the sale of said lands, to make or cause to be make to the purchaser or purchasers (as the case may be,) of the same, conveyance of such title as the decedent had or was entitled to, which conveyance shall be equally valid and binding, as if the same had been made by the said decedent in his lifetime.

Sec. 3. And be it further enacted, That the said administrator shall before the sale of lands, herein before au-


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thorized to be sold, enter into bond with sufficient security payable to the Judge of the County Court and his successors in office, in the county in which such land is situated, for the faithful disposition of the money arising from the sale of said lands, agreeably to the existing laws regulating the distribution of the personal effects of deceased persons.

Sec. 4. And be it further enacted, That if the before named lands should not be sold, at the time of selling the personal effects, then and in that case, the said administrator shall again advertise the lands for sale, giving thirty days notice in the Alabama Republican and advertising the same at three other public places in the county where said land lies, of the intended time and place of selling.

(Approved, Dec. 13, 1821.)

AN ACT

Divorcing certain person therein named.

Section 1. Be it enacted by the Senate and house of Representatives of the State of Alabama in General Assembly convened, That, in conformity with the decision and decree of the Circuit Court of Conecuh county, exercising chancery jurisdiction, pronounced and entered at September term, one thousand eight hundred and twenty-one, the bonds of matrimony heretofore solemnized and subsisting between William Bagby and his wife Elizabeth Bagby, be, and the same are hereby annulled and made void; and that the said William Bagby be, henceforth, divorced from the said Elizabeth Bagby.

Sec. 2. And be it further enacted, That, in conformity with the decision and decree of the Circuit Court of Madison county, exercising chancery jurisdiction, pronounced and entered at September term, one thousand eight hundred and twenty one, the bonds of matrimony heretofore solenmized and subsisting between Nancy Clift and her husband Jesse Clift, be, and the same are hereby, annulled and made void; and that the said Nancy Clift be, henceforth, divorced from the said Jesse Clift.

Sec. 3. And be it further enacted, That, in conformity with the decision and decree of the Circuit Court of Morgan county, exercising chancery jurisdiction, pronounced and entered at October term, one thousand eight hundred and twenty one, dissolving the bonds of matrimony heretofore solemnized and subsisting between Elizabeth Caley and her husband Henry Edward Caley, be, and the same are hereby, annulled and made void; and that the said Elizabeth Caley be, henceforth, divorced from the said Henry Edward Caley.

Sec. 4. And be it further enacted, That, in conformity with the decision and decree of the Circuit Court of Dallas county, exercising chancery jurisdiction pronounced


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and entered at August term one thousand eight hundred and twenty one, dissolving the bonds of matrimony, heretofore solemnized and subsisting between John B. Lorez and his wife Jane Lorez, be, and the same are hereby, annulled and made void; and that the said John B. Lorez, be, henceforth divorced from the said Jane Lorez.

Sec. 5. And be it further enacted, That, in conformity with the decision and decree of the Circuit Court of St. Clair county, exercising chancery jurisdiction, pronounced and entered at the regular term held in, and for the county aforesaid, on the second Monday after the fourth Monday in September, one thousand eight hundred and twenty the bonds of matrimony heretofore solemnized and subsisting between Polydore Naylor and his wife Elizabeth Naylor, be, and the same are hereby, annulled and made void; and that the said Polydore Naylor be, henceforth, divorced from the said Elizabeth Naylor.

(Approved, Nov. 29, 1821.)