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AN ACT

Supplementary to an Act entitled "An act to suppress Duelling," passed on the 17th December, 1819.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That all members of the General assembly hereafter to be elected, and all officers and public functionaries hereafter elected or appointed under the authority of the constitution and laws of this State, and counselors and attorneys at law, shall before they enter upon the discharge of the duties of their stations or offices, either civil, military, or otherwise, take and subscribe one of the following oaths as the case may be (in addition to the oath prescribed by the constitution) before any Judge of the Circuit or County Courts or any Justice of the Peace, who shall deliver such oath to the Clerk of the Circuit Court for safe keeping: "I _________ do solemnly swear (or affirm as the case may be) that I have neither directly or indirectly given, accepted, or knowingly carried a challenge in writing or otherwise to any person or persons (being a citizen of this State) to fight a single combat or otherwise with any deadly weapon either in or out of this State or aided or abetted in the same, since the first day of January, one thousand eight hundred and twenty-one; and that I will neither directly or indirectly give, accept, or knowingly carry a challenge in any manner whatsoever to any person or persons (being a citizen of this State,) to fight in single combat or otherwise with any deadly weapon, in or out of the State or in any manner whatsoever aid or abet the same, during the time for which I am elected, or during my continuance in office, or during my continuance in the discharge of any public function."

Sec. 2. And be it further enacted, That any person or persons ho has or have emigrated to this State, since the first day of January, one thousand eight hundred and twenty-one, or who may hereafter become a citizen of this State, shall before he enters upon the discharge of any public function, take and subscribe the following oath: "I____________ do solemnly swear (or affirm, as the case may be,) that I have neither directly or indirectly given, accepted, or knowingly carried a challenge, in writing or otherwise, to any person or persons (being a citizen or citizens of this State) to fight in single combat otherwise with any deadly weapon, either in or out of the State, or aided or abetted in the same, since I have been a citizen thereof; and that I will neither directly or indirectly give, accept or knowingly carry a challenge, in any manner whatsoever, to any person or persons (being a citizen or citizens of this State,) to fight in sin-


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gle combat or otherwise with any deadly weapon, in or out of the State, or in any manner whatsoever and aid or abet the same, during the time for which I am elected, or during my continuance in office, or during my continuance in the discharge of any public function."

Sec. 3. And be it further enacted, That all acts or parts of acts, coming within the meaning or purview for this act, be and the same are hereby, repealed.[Approved, Dec. 6, 1821.]

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AN ACT

To amend an Act giving jurisdiction to certain counties therein named, over that part of the Cherokee lands lying within the limits of the State of Alabama.

SEC. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the Circuit Court of Jackson shall have jurisdiction, and the county shall embrace all that tract of country lying west of Wills-town valley, and east of the road leading from Ditto's landing on Tennessee river to Blountsville.

Sec. 2. And be it further enacted, That all Acts and parts of Acts coming within the purview of this Act, are hereby repealed.[Approved, Nov. 27, 1821.]

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AN ACT

To provide for transcribing and transferring certain Records from Mobile to Baldwin county.

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 clerk of the county court for Baldwin county, and he is hereby required to transcribe all the deeds of land lying within the present limits of said county, which have been entered upon the records of Mobile county, and deposit the same in his office in said Baldwin county, as soon as may be, after the passage of this act.

Sec. 2. And be it further enacted, That when the records shall be copied as aforesaid, it shall be the duty of the clerks of both Baldwin and Mobile counties, to compare said copies, with the original records, and jointly certify the correctness of the same; which shall thereafter have the same validity and effect in law and equity, as the original records.

Sec. 3. And be it further enacted, That it shall be lawful for the clerk of the county court of Baldwin county, and he is hereby required, to take from the records of Mobile county, the original plat of the town of Blakeley, and transfer the same into the book containing the copies of


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the records aforesaid; and the said plat so transferred shall thereafter have the same force and effect in law and equity as if the same had remained on record in Mobile county.

Sec. 4. And be it further enacted, That the clerk of the county court of Baldwin county, shall be entitled to the same fees for transcribing said records, as are allowed as present for recording deeds; to be paid by the county Treasurer of Baldwin county, on the certificate of the Judge of the county court, that this act has been compiled with by said clerk of Baldwin county, and that his compensation for services rendered is allowed. (Approved, December 12, 1821.)

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AN ACT

In relation to the Spanish records in the County of Mobile.

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That Samuel H. Garrow, Samuel Acre, and Henry V. Chamberlain be, and they are hereby appointed commissioners, who, or a majority of whom having been sworn duty to execute the duties of the office, shall be authorised to make diligent inquiry as to the disposition of certain Spanish records, which were in the possession of Colonel Thomas Powell at the time of his death, and which had been intrusted to his charge as a public officer under this government: And whereas it represented to this General Assembly, that many of the said records have been lost or secreted, the said commissioners or a majority of them, are hereby authorised to proceed in making search for the same proper oath having been previously make, to authorise said search, in every instance, as is required by law in the case of goods and chattels lost and supposed to have been stolen, and to take possession thereof accordingly.

Sec. 2. And be it further enacted, That it shall be the duty of said commissioners to make report of their proceedings to the next General Assembly, and also report to the County Court of Mobile county an account of their proceedings together with the expenses incurred in the discharge of the duties impose upon them by this Act. And the same, after presentation to the said court, shall be paid to them out of the treasury of said county, after allowance by said court; in which allowance shall be included reasonable compensation, for the services performed by said commissioners. [Approved, Dec. 12, 1821.]

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AN ACT

To provide for digesting the laws of the State of Alabama.

SEC. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly con


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vened, That there shall be elected by the joint vote of both Houses of the General Assembly, a suitable person whose duty it shall be, to compile under one head, all the statute have now in force in the State of Alabama, relating to each particular subject.

Sec. 2. And be it further enacted, That the said digester shall lay before the next Legislature on the first day of its session a manuscript of the digest of laws made as aforesaid; who shall have power to decide on the correctness of the same. And if it appear to the Legislature, that said digest is correctly executed, and contains all the statue laws of force in this State, the said digester shall receive such compensation as the Legislature may allow. [Approved, Nov. 28, 1821.]

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AN ACT

Respecting rents.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the crop grown on any rented land in this State shall not be liable to be taken by virtue of any execution, or removed off the premises of any such rented land unless the party so taking the same shall, before the removal of the crop from off such premises, pay all money due for the rent of or lessor thereof, or his agent, all money due for the rent of the said premises at the time of taking such crop in execution: Provided nevertheless, That such rent, or arrears do not amount to more than one year's rent, and if more be due, then the part suing out such execution paying or tendering to such landlord, or his agent one year's rent, may proceed to execute his judgment, and the sheriff or officer levying the same is hereby empowered and required to levy and pay to the plaintiff, as well the money so paid for the rent, as the execution money.

Sec. 2. And be it further enacted, That all laws on the subject of rents heretofore in force in this State, so far as the same may conflict with the provisions of this Act, be, and the same are hereby repealed. [Approved, Dec. 12, 1821.]

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AN ACT

To prevent Sheriffs and other officers, levying executions in certain cases.

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 it shall not be lawful for any sheriff or other officer, to levy a writ of fieri facias or other execution on the planted crop of a debtor or person against whom an execution may issue, until the crop is gathered. [Approved Nov. 27, 1821.]


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AN ACT

Supplementary to an Act entitled an Act for the relief of securities.

SEC. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That in all cases where judgment hath been, or shall be hereafter entered up in any courts of record, or by any Justice of the Peace, within this State, against any person or persons, as security or securities, their executors or administrators, upon any note, bill, bond or obligation, and in all cases where execution hath been, or shall hereafter be awarded by or issued from any of the courts of record, or any Justice of the Peace, within this State, against any person or persons as security or securities, his, her or their heirs, executors, or administrators, upon any bond, obligation, or recognizance, and the amount of such judgment or obligation, or any part thereof, hath been paid or discharged, by such security or securities, his, her or their heirs, executors, or administrators it shall and may be lawful for such security or securities, his, her, or their heirs, executors, or administrators, to obtain judgment by motion against such principal obligor or obligors, recognizor or recognizors, his, her or their heirs, executors, or administrators in any court, or before any Justice of the Peace, where such judgment may have been entered up, and execution awarded against such security or securities, his, her, or their heirs, executors, or administrators, for the full amount which shall have been paid with interest thereon, from the time the same shall have been paid and satisfied, until such judgment shall be discharged.

Sec. 2. And be it further enacted, That when the principal obligor or obligors, recognizor or recognizors, have, or shall hereafter become insolvent, and there have been or shall be two or more securities, jointly bound with the said principal obligor or obligors, recognizor or recognizors, in any bonds, bill, note, recognizance, or other obligation, for the payment of money or other thing, and judgment hath been or shall hereafter be obtained, and execution awarded and issued against one or more of such securities, or his or their legal representatives, it shall and may be lawful for the court or Justice of the Peace, before whom judgment and execution were or shall be obtained, upon motion of the party or parties, his or their legal representatives, against whom judgment hath been entered up, and execution awarded and issued, as securities aforesaid to grant judgment and award execution, against all and every of the obligors and recognizors, and their legal representatives, for their, and each of their respective shares and proportions of the said debt or damages.


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Sec. 3. And be it further enacted, That no security or securities, his, her, or their executors, or administrators, shall be suffered to confess judgment, or to suffer judgment to go by default, so as to distress his, her, or their principal or principals if such principal or principals will enter him her, or themselves as defendant or defendants to the suit and tender to the said security or securities, his, her, or their executors or administrators other good and sufficient collateral security to be approved of by the court before whom the suit shall be depending.

Sec. 4. And be it further enacted, That in all cases where judgment hath been, or shall hereafter be entered up, in any of the courts of record or by any Justice of the Peace of this State, against any person as common bail for the appearance of another, to defend any suit depending in such court, and the amount of such judgment or any part thereof hath been paid or discharged by such common bail, his her, or their heirs, executors, or administrators, it shall and may be lawful for such common bail, his, her, or their heirs, executors, or administrators, to obtain judgment by motion against the person or persons for whose appearance they were bound, his, her, or their heirs, executors, or administrators, for the full amount of what shall have been paid by the said common bail, his, her, or their heirs, executors, or administrators, in any court, or before any Justice of the Peace, where judgment may have been entered up, against such common bail: Provided always, That no judgment shall be obtained on motion as aforesaid, unless the party or parties against whom the same is prayed, shall have at least ten days notice previous thereof; And provided also, That in all cases no judgment shall be entered up, on motion as aforesaid, when the amount exceeds fifty dollars, unless by a lawful jury it shall be so awarded.

Sec. 5. And be it further enacted, That when any person shall hereafter become bound as security or securities, by bond, bill or note, for the payment of money or any other article, and shall apprehend that his or their principal or principals is or are likely to become insolvent, or to migrate from this State without previously discharging any such bond, bill, or note it shall and may be lawful for such security or securities in every such case, (provided an action, shall have accrued on such bond, bill, or note,) to require, by notice in writing of his or their creditor or creditors, forthwith to put the bond, bill, or note, by which he or they may be bound as security or securities as aforesaid in suit; and unless the creditor or creditors so required to put such bond, bill, or note in suit, shall in a reasonable time commence an action on such bond, bill, or note, and proceed


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with due diligence in the ordinary course of law, to recover judgment for, and by execution to make the amount due by such bond, bill, or not as the creditor or creditors, so failing to comply with the requisition of such security or securities, shall thereby forfeit the right which he or they would otherwise have to demand and receive of such security or securities the amount which may be due by such bond, bill, or note.

Sec. 6. And be it further enacted, That any security or securities, or in case of his or their death then his or their executors or administrators, may in like manner, and for the same cause make such requisition of the executors or administrators of the creditor or creditors; and in case of the failure of the executors or administrators to proceed, such requisitions as aforesaid being duly make, the security or securities, his, her or their executors or administrators making the same, shall have the same relief that is herein before provided for a security or securities, where his, or their creditor or creditors shall be guilty of a similar failure: Provided always, That nothing in the tow last sections contained, shall be so construed as to affect bonds with collateral conditions, or the bonds that may be entered into by guardians, executors, administrators, or public officers: And provided also, That the rights and remedies of any creditor or creditors against any principal debtor or debtors, shall be in no wise affected thereby, any thing to the contrary, or seeming to the contrary, notwithstanding.

Sec. 7. And be it further enacted, That all acts and parts of acts coming within the purview of this act, be, and the same are hereby repealed and that this act shall commence, and be in force form and after the first day of March, one thousand eight hundred and twenty-two.

[Approved, Dec. 15, 1821.]

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AN ACT

Concerning Writs and Executions.

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 the duty of the sheriffs in the several counties in this State, to return all writs and executions to the clerk's office from which they shall issue, at least three days previously to the term of the court to which they shall be returnable; and, that if any sheriff shall fail to return any writ or execution, according to the provisions of this act, he shall be liable to all the penalties provided by the laws now in force, for failing to return any writ or execution to the first day of the term of the court to which they are returnable.

Sec. 2. And be it further enacted, That the judges of


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the Circuit Courts, respectively, shall have power and authority in vacation, to supersede any execution when it shall satisfactorily appear to them, or any of them, that the same shall have improperly issued from the clerk's office of any of the Circuit Courts in this State.

[Approved, Dec. 17, 1821.]

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AN ACT

To abolish the ficticious proceedings in ejectment, and for other purposes therein mentioned.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the ficticious proceedings in the action of ejectment, be and the same are hereby abolished; and that hereafter the mode of trying the right and title to lands, tenements, or hereditaments shall be by the action of trespass, in which the plaintiff shall endorse on his writ and copy-writ, that the action is brought as well to try tides as to recover damages.

Sec. 2. And be it further enacted, That the laws now in force in relation to the action of ejectment except as far as related to ficticious proceedings therein, shall be applied to the action of trespass to try titles as aforesaid.

Sec. 3. And be it further enacted, That if the plaintiff in the aforesaid action of trespass recovers, he shall be entitled to an execution for possession, as well as for costs and damages.

Sec. 4. And be it further enacted, That it shall not be necessary to file the original note, bond, or paper sued on with the clerk, but that a copy thereof shall be sufficient.

(Approved, December 17, 1821.)

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AN ACT

In relation to the Banking Institutions in this State.

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 fifteenth day of February, one thousand eight hundred and twenty two, no bill or note of any Bank whatsoever, shall be receivable at the Treasury of this State in payment of taxed, nor be receivable in payment of fines and forfeitures, which may accrue to the State or to the counties respectively; unless at the time of making such payments the Bank whose bills or notes are so offered in payment, is in the regular course of redeeming its notes and bills with specie, according to their nominal value.

Sec. 2. And be it further enacted, That the bearer of any bill or note issued by any incorporated Bank within this State may at any time present such bill or note at such Bank for payment; and in case of failure or refusal to


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make payment, according to the tenor and effect of said bill or note, it shall be lawful for such bearer, by himself, his agent, or attorney, to move the Circuit or county court, of the county where such Bank is situated, for judgment against said Bank; whereupon, the said court shall without delay render judgment and award execution for the amount expressed in said bill or bills, note or notes, with legal interest from the time of the demand of payment, and until finally paid, or the amount of such judgment be made by due course of law, and costs of suit: Provided, that notice of such intended motion be served on the President or Cashier, or person acting as Cashier, of said Bank, ten days previous to the hearing of said motion, which notice shall be served by the Sheriff of the county, who shall make a regular return of the same; and provided, that the plaintiff prove such presentment of the bill or note, and the failure or refusal of payment, or in lieu of such testimony produce the protest of a notary public showing these facts: and provided also, that if the said Bank may wish to make defence and contest the plaintiff's motion, the court shall instantly impannel a Jury to try the issue, and therein give judgment accordingly. All motions under this act shall be tried the first term, having preference of all other causes.

Sec. 3. And be it further enacted, That if any incorporated Bank within this State, shall not at the expiration of six months after the passage of this act, make regular specie payments for any of the bills or notes it may have issued, the Governor of the State shall give information of the fact to the Solicitor of the circuit in which the Bank may be situated, directing him, forthwith, to proceed against the said Bank on a writ of quo warranto, requiring it to show cause why its corporate powers, privileges, and immunities, should not be adjudged to be forfeited, and the said Bank dissolved. And that the court determining the case shall have power to adjudge and decree concerning the same, according to law and usage; and to declare the charter of such Bank forfeited; and also to make such orders consequent thereupon, in relation to the estate and effects, rights, and credits, of such Bank, as shall secure the rights of all concerned. And that the Governor associated with the Solicitor, such other counsel as he may deem proper.

Sec. 4. And be if further enacted, That all acts and laws repugnant to this act be, and the same are hereby, repealed.

(Approved, December 17, 1821.)

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AN ACT

For the punishment of malicious mischief.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly


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convened, That from and after the passage of this act, any person or persons who shall unlawfully, wilfully, maliciously and secretly kill, wound, or disable, any horse, mare or gelding, colt or filly, jack, urney, or mule, or any goat, sheep, or cattle, or any hog, or live stock of any kind of description whatsoever, belonging to any other person or persons, or shall unlawfully, wilfully, maliciously, and secretly, burn or otherwise destroy, any ricks or stacks of hay, fodder or grain in the sheaf, or shall unlawfully, wilfully, maliciously, and secretly destroy or injure so that the same shall be unfit for use any cotton, corn or other article or commodity of value, or any goods, wares, or merchandize, or any timbers or frame prepared for building belonging to any other person or persons, or shall unlawfully, wilfully, maliciously and secretly, break, throw down, destroy any fence or inclosure, or break, cut, or carry away form its mooring or landing, or destroy any flat, boat, or other water craft, belonging to any other person or persons, every person or persons so offending shall on conviction of any of the aforesaid offences, by sufficient and satisfactory testimony in any circuit court having jurisdiction of the same, be fined in such sum as the jury trying the case may assess, not exceeding fourfold the value of the property injured or destroyed; which fine shall be paid as a recompense to the party aggrieved.

(Approved, December 17, 1821.)

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AN ACT

Concerning Jurors, and for other purposes.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That hereafter it shall be lawful for any defaulting juror on a scire facias, make known to him, to make his excuse, on oath in writing, at the return term of said scire facias, on any day of the term, and if is shall appear to the court a sufficient excuse is rendered, the defaulting juror shall be discharged without payment of costs.

Sec. 2. And be it further enacted, That nothing in this act shall be so construed as to prevent any defaulting juror from giving testimony viva voce in open court, touching his excuse or non-attendance.

(Approved, December, 17, 1821.)

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AN ACT

Prescribing the manner of changing the Venue in Criminal cases, and for other purposes.

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, it


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shall be lawful for the Judges of the Circuit Courts, respectively, to grant to any person charged with a criminal offence, a change of venue for sufficient cause shown at any time, either at the first trial term, or if the case should be continued, or a new trial had after conviction, at any subsequent term; Provided, that no change of venue shall be allowed more than once.

Sec. 2. And be it further enacted, That it shall be in issues made up for the purpose of trying the right to any property taken in execution, for the Judge trying such case to grant continuances upon good cause shown, as in other cases, any law to the contrary notwithstanding.

Sec. 3. And be it further enacted, That if any person shall be guilty of exhibiting the three ticket lottery, or shall be guilty of playing at the game called the three ticked lottery, or the game called three thimbles, every such person shall, on conviction of such offence, be sentenced to stand in the pillory on three several days for the space of one hour each day, and shall forfeit and pay to the State a sum not less than five hundred nor more than two thousand dollars, to be assessed by the jury who tries the cause; Provided, that the provisions of this act shall only embrace the holder or exhibitor of such game or lottery, and shall not extend to persons who may casually bet at said game or lottery.

Sec. 4. And be it further enacted, That if any person should exhibit any lottery or game similar to those specified in the third section of this act, wherein a greater or less number of thimbles or cups than three are used such person shall be liable to the same penalties and forfeitures, to be ascertained in the same way as is prescribed in the said third section.

Sec. 5. And be it further enacted, That this act shall commence and take effect from and after the first day of January, one thousand eight hundred and twenty-two.

(Approved, December 18, 1821.)

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AN ACT

To amend the law regulating proceedings upon the claims of property under execution.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That in all trials of the right of property that may hereafter arise, in consequence of any sheriff having levied execution on property claimed by any person not a party to such execution, that the burden of proof shall be, and the same is hereby, placed upon the plaintiff in the execution as heretofore.


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Sec. 2. And be if further enacted, That in all trials of the right of property as aforesaid, when the Jury may be of opinion that the claim was make to said property for purposes of vexation or delay, they shall have power to give such damages as the case may require, not exceeding fifteen per cent, on the amount of the execution.

Sec. 3. And be it further enacted, That the fourth section of an act, "entitled an act concerning executions and sales by sheriff's and for other purposes," passed at Cahawba on the twentieth day of December, one thousand eight hundred and twenty, be and the same is hereby, repealed.

Sec. 4. And be it further enacted, That whenever any claim to property shall be hereafter made, the same shall not be dismissed, discontinued or withdrawn, but by the consent of the opposite party.

Sec. 5. And be it further enacted, That all acts and parts of acts, contrary to the provisions of this, be and the same are hereby, repealed.

(Approved, December 19, 1821.)

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AN ACT

To amend and repeal a part of the second section of an act to authorise the Governor to dispose of the public arms of this State, passed on the seventh day of December, 1820.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That whenever it is deemed necessary by the Governor to transmit the public arms, in pursuance of the provisions of the act to which this is an amendment, the Governor for the time being, shall be, and he is hereby, anthorised to send them to such officer as he may appoint; which officer so receiving such arms, shall give bond and sufficient security to the Governor or his successors in office, in such sum as the Governor requiring the bond, may deem sufficient, for the safe keeping and delivery of said arms, when required by the Governor.

(Approved, November, 23, 1821.)