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AN ACT

To establish an Academy in the town of Sparta, 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 there be, and is hereby established, an academy at Sparta, in Conecuh county, to be known by the name of The Sparta Academy under the Superintendence of William Blackshar, Robert W. Carter, Martin H. Furlow, Benjamin Hart, Elias P. Muse, Philip Noland, Samuel W. Oliver, Mabry Thomas, Alexander Travis, Hinche Warren, and Thomas Watts, and their successors, who are hereby constituted a body corporate, to be known by the name and style of The Trustees of the Sparta Academy, and by that name, they shall be capable in law, to sue and be sued, plead and be impleaded, and receive all donations, and recover all debts which may become the property of said academy, and may in general do all acts for the benefit of the institution which are incident to bodies corporate.

Sec. 2. And be it further enacted, That the said trustees and their successors shall have power to fill all vacancies in their body, by death, resignation, removal or refusal to act, to appoint their President and other officers, to engage a principal rector, and such other instructors as they may deem necessary for conducting the literary concerns of the institution, and remove them at pleasure, to hold stated or called meetings for the purpose of examining the proficiency of the students, and to make all by-laws, and regulations for the government fo the Seminary; and five of whom shall form a quorum capable of transacting business.

Sec. 3. And be it further enacted, That the said tru tees, and they are hereby, authorized to raise by Lottery, upon such scheme or plan as they may consider most advisable, the sum of two thousand dollars, to be appropriated to the building of said academy, and to create a contingent fund for the exclusive benefit of the institution.

Sec. 4. And be it further enacted, That the said trustees shall meet on the first Monday of March next, at the town of Sparta, and devise such scheme or plan for carrying said Lottery into execution as they may think preferable, and when they shall have disposed of one half of the number of tickets of said Lottery, they shall advertise in some public newspaper in this State, when and where the drawing will take place: Provided, the same be not postponed to a longer period than until the first Monday of November next.

Sec. 5. And be it further enacted, That as soon as the said trustees shall have raised a sufficient sum of money to answer the intentions of this act, they shall proceed to


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let to the lowest bidder the building of said academy, after having given thirty days notice by advertisement, of the time and place of letting the same.

Sec. 6. And be it further enacted, That nothing herein contained shall be so construed as to disqualify the said trustees from performing the duties herein assigned them, should their first meeting be within one month after the time herein prescribed.

Sec. 7. And be it further enacted, That in case the drawing of the Lottery be not accomplished on or before the first Monday of November next, the said trustees shall refund in said Lottery, the full amount by him or her expended for the same.

[Approved, Dec. 8th, 1821.]

AN ACT

To incorporate Tuskaloosa Chapter and Alabama Chapter of Royal Arch Masons.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That Dugald McFarland, Most Excellent High Priest, and others, the officers and members of Tuskaloosa Chapter of Royal arch Masons in the town of Tuskaloosa, and those who may hereafter become officers and members of said Chapter, are hereby declared to be a body corporate in name and deed, by the name and style of Tuskaloosa Chapter of Royal Arch Masons; and by the same name shall have perpetual succession of officers and members, and a common seal, with power to alter and renew the same at pleasure.

Sec. 2. And be it further enacted, That said corporation shall be able and capable in law, to have, hold, and possess, retain and enjoy any lands, tenements and hereditaments, or any personal estate, not exceeding in value twenty five thousand dollars at any one time, in fee simple, or for ta term of years, and may sell or lease the same; and shall be able and capable of suing and being sued, pleading and being impleaded, answering and being answered unto, in any court of law or equity within this State; and shall have and exercise all the powers and privileges incident to bodies corporate.

Sec. 3. And be it further enacted, That Luther Blake, Most Excellent High Priest of Alabama Chapter at Cahawba, and the officers and members thereof, and their successores respectively shall be a body Corporate and Politic, the name and style of Alabama Chapter of Royal Arch Masons, with all the powers given by this act to Tuskaloosa Chapter.

(Approved, November 27th, 1821.)


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AN ACT

To amend the Act to incorporate the City of Mobile, 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 the Mayor and Aldermen for the city of Mobile, shall, hereafter, on the first Monday of November in each year, publish in the newspapers printed in said City, a report which shall contain a true statement of the receipts of any and all monies into the treasury of the corporation, together with an exact and methodical account of the appropriations and disbursements made of such monies. And for the purpose of carrying into effect the true intent and meaning of this act the said Mayor and Aldermen shall keep books, in which shall be entered a statement of all monies received by them in their corporate capacity, proceeding from taxation or otherwise, as well as an account of all expenditures incurred, or disbursements made, by the said corporation; which books shall be at all times subject to the inspection of persons interested therein.

[Approved, Dec.12, 1821.]

AN ACT

To authorize the Judge of the County Court, and the Commissioners of the roads and revenue of Butler county, to levy an extra tax for building a court house and Gaol, in and for said county, 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 the Judge of the County Court, and the commissioners of the roads and revenue, of Butler county (at the same time that they may levy a county tax,) be, and they are hereby, authorized and required, to levy an extra tax on all person and property in said county, liable to taxation, not exceeding one half of the State tax; which shall be collected by the tax collector of said County, in the same manner and at the same rate of compensation, that the State tax be collected, and paid over by said collector to the Treasurer of the county aforesaid.

Sec. 2. And be it further enacted, That the town of Buttsville shall be, and the same is hereby, make the permanent seat of Justice in and for the county of Butler.

Sec. 3. And be it further enacted, That the County Court of Monroe county be, and the same is hereby authorized and required, to lay a special county tax (which shall not exceed thirty-seven and a half per centum on the State tax,) for the years on thousand eight hundred and twenty-two, and one thousand eight hundred and twenty-three, for the purpose of defraying the expenses incidental to the completion of the Court House, in said county.

Sec. 4. And be it further enacted, That the said tax shall be collected by the assessor and collector of taxes for the county of Monroe, for the years one thousand eight hundred and twenty-two, and one thousand eight hundred and twenty-three, and be paid over as soon as collected, into the County Treasury of said County.

[Approved, Dec. 18, 1821.]


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AN ACT

To incorporate the Mobile Steam Boat Company.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That John B. Hogan, Stephen Chandler, Lewis Judson, Henry Gunnison, William Raser and Benjamin Vincent, and such others as have or shall be hereafter, associated with them, be, and they are hereby, constituted and appointed a body corporate, by the name, title, and style of The Mobile Steam Boat Company, for the term of thirty years, from and after the passage of this act; and by that name shall be, and they are hereby made able and capable in law, to have, purchase, receive, possess, enjoy, and retain, to them and their successors, lands, rents, tenements, hereditaments, goods, chattels, and effects, of whatever kind, nature and quality, and the same to sell, rant, demise, alien, and dispose of; to sue and be sued, plead and be impleaded, answer and be answered, defend and be defended, in all manner of actions, suits, matters, and things, in any court of law or equity; And also to make, have and use a common seal, and the same to break, alter, and renew, at their pleasure: Provided, always, that it shall not be lawful for the said corporation, to use any part of its capital stock or funds for banking purposes, nor to emit for circulation any notes or bills, or make any contracts for the payment of money, except only under the seal of the said Corporation; and all such notes and contracts shall to all intents and purposes, be taken to operate as specialities at law.

Sec. 2. And be it further enacted, That the capital stock of the said Corporation created by this act, shall not exceed the sum of Two hundred thousand dollars.

Sec. 3. And be it further enacted, That the affairs of the said Steam Boat Company, shall be managed and conducted by five directors, who shall be stockholders in said Company and resident within this State, and who shall hold their offices for one year from the first day of January next, and until there shall be a new election of directors, in pursuance of the provisions of this act.

Sec. 4. And be it further enacted, That the stock, affairs, and concerns of the said corporation, shall be managed and conducted by the said direction to be chosen or elected on the third Monday in December, in each and every year from and after the passage of this act, by the stockholders, at such place in the City of Mobile or such other City, town, or place in this State, and under such regulations, as a majority of the stockholders may determine upon and prescribe; and they shall hold their offices, for the term, and in the manner herein before prescribed; and notice of such intended election shall be published, for at least three succes-


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sive weeks next preceding the same in the newspaper printed and published in Mobile; and every such election shall be make by ballot, by a plurality of votes of the stockholders present allowing one vote for every share: Provided, that in case it should at any time happen, that an election of directors should not be made, the said corporation for this cause shall to be deemed to be dissolved; but that it shall and may be lawful on any other day, to hold an election of directors in such manner as shall have been or may be regulated by the by-laws and ordinances of the said corporation: Provided also, that at all electrons to be holden by the stockholders under this act, they may vote by proxy.

[Approved, Nov. 27, 1821.]

AN ACT

To appoint Commissioners to contract for, and superintend the erection of, the Public Buildings in the county of Wilcox.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That Robert H. Scott, Benjamin Hoff, and John Jenkings be, and they are hereby, appointed commissioners, to contract for, and superintend the erection of a court-house and jail, in the county of Wilcox: and that all laws and parts of laws repugnant to this act be, and the same are hereby, repealed.

[Approved, Dec. 15, 1821.]

AN ACT

For the relief of Josiah D. Lister, Sheriff of Washington county.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That Josiah D. Lister, Esquire, Sheriff of Washington county, be, and is hereby, exonerated and discharged from any liability by him incurred, by reason of setting at liberty John McCrory, before the payment of one of two hundred and fifty dollars, imposed on the said McCrory at the Circuit Court of Washington county, at April Term, eighteen hundred and twenty.

[Approved, November 27th, 1821.]

AN ACT

For the relief Henry V. Chamberlain.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the Comptroller of public accounts be, and he is hereby, authorized and required, to draw his warrant on the Treasurer of the State, in favour of Henry V. Chamberlain, tax collector for the County of Mobile, for the year one thousand eight hundred and eighteen, for the sum of one hundred and eighty two dollars and eighty five cents; and that the Treasurer be authorized and required to pay the same, out of any monies in the Treasury of this State, not otherwise appropriated.

(Approved, Dec. 15, 1821.)


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AN ACT

To incorporate the town of Vernon, in the county of Autauga.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the Free-holders, Land holders, and Householders of the Town of Vernon, shall, on the first Monday in January next, and each and every year thereafter, hold an election in said town, to commence at eleven o'clock A.M. and to close at three o'clock P.M. and then and there elect by ballot five Commissioners, a majority of whom shall constitute a quorum to do business; also a Treasurer, Assessor, Collector and Constable, to serve for the term of one year; and the said Commissioners so elected shall, on the day succeeding said election, meet and elect on person from their own body as President, whose duty it shall be to preside and keep order at all meetings of said Commissiones; and the said Commissioners shall be, and they are hereby, constituted a body corporate, by the name and style of The President and Commissioners of the Town of Vernon, and by that name they and their successors in office, shall be capable in law, of suing and being sued, pleading and being impleaded, in all manner of suits and actions in law of equity; and also in all acts incident to bodies corporate.

Sec. 2. And be it further enacted, That said Commissioners shall have power and authority to raise such sums of money as they may think necessary for the well regulation of said town; which sum or sums shall be assessed on the Land-holders, Free-holders, and House-holders, and also, on all Billiard tables, Puppet-Shows, and Hawkers and Pedlers within said town, by the assessors, according to the regulations to be established by said Commissioners, and shall be collected by the collector at such time or times, and be paid and disposed of in such manner as the Commissioners shall direct: Provided, the whole amount of such sum or sums, shall not in any one year amount to more than twenty five per centum on the amount of the State tax for said year.

Sec. 3. And be it further enacted, That the said Commissioners shall meet on their own adjournments, and shall have power from time to time, and at all times thereafter, to make such by-laws and regulations not inconsistent with the Constitution and laws of the United States, or of this State, as to them shall appear necessary for the good government of said town, and the same to put in execution, revoke or alter as to them shall appear expedient; and the said President and Commissioners, appointed agreeably to the provisions of this act, are hereby em powered and required to cause good and sufficient bond and security to be


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taken from the several officers herein intended to be appointed, and to annex such fees to those several officers as they may deem necessary, and to impose such fines and penalties for neglect of duty as to them may appear fit and proper, and to make, limit, and impose all fines and amercements, upon those who may violate the by-laws by them made, not exceeding in any case the sum of fifty dollars, and all such fines and amercements to make, demand and levy of the goods and chattels of such offender or offenders, by warrant issued from under the hand and seal of the President, directed to the town Constable, who is hereby authorized and required to execute the same, which fines and amercements shall be paid to the Treasurer, to be appropriated to the use and benefit of said town.

Sec. 4. And be it further enacted, That the elections authorized by this act shall be conducted by a Justice of the Peace and two House-holders, residents of said town of Vernon.

Sec. 5. And be it further enacted, That all that part of fractions thirty-five and thirty-six, west of Alabama river, in township seventeen and range fourteen, be, and the same shall constitute, the corporate limits of the town of Vernon.

(Approved, December 8th, 1821.)

AN ACT

To incorporate the town of Sparta, 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, the permanent seat of Justice of Conecuh County, situate and being on the south west quarter of section thirty one, of township five, in range eleven, within the county aforesaid, be, and is hereby, incorporated; and that the same be hereafter known by the name of the town of Sparta.

Sec. 2. And be it further enacted, That there shall be an election by ballot held at the Court House in said town, on the first Monday of March next, and on the first Monday of March in each and every year thereafter, to commence at the hour of twelve o'clock, and be kept open until the hour of three in the afternoon, for the purpose of electing five persons to act as commissioners of said town a majority of whom shall constitute a quorum to do business; and the said commissioners shall, when elected, choose from their own body an Intendant to preside and keep order at their meetings and in his absence or incapacity, any other member may be called to the chair and said commissioners are hereby constituted a body corporate by the name and style of The Intendant and Commissioners of the Town of Sparta &c. and by that name they and their successors in office, shall be capable in law, of suing and being sued


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of pleading and being impleaded in all manner of suits either in law or equity; and in general, of doing all acts which are incident to bodies corporate.

Sec. 3. And be it further enacted, That every white male person of the age of twenty one years and upwards, who may have resided within the limits of the corporation, which are hereby declared to comprehend the quarter section aforesaid, for the space of two months next preceding an election for commissioners, or who may be, at the time of the election, proprietors of lots, or householders within said corporation, shall be entitled to vote at said elections, which shall be superintended by a justice of the peace of the captain's district including said town, or in his absence, by said captain.

Sec. 4. And be it further enacted, That the said corporation shall have power to pass all by-laws, regulations and ordinances, necessary to preserve the health of said town to prevent and remove nuisances, to clear and keep in repair the streets and alleys, to have general control and superintendence over the springs and wells of said town, and in general, to pass such by-laws and regulations not repugnant to the Constitution of this State, or the laws thereof, as the said corporation shall, from time to time, deem expedient: and the said corporation shall also have power to appoint and remove, at pleasure, a Clerk, Assessor, Collector, Treasurer, Constable and Overseer or either of them, or any other officers they may require, and annex such fees to the several offices, and to impose such fines for neglect of duty in office, not exceeding twenty dollars as they shall deem necessary, and impose such fine or dines not exceeding five dollars, for a breach of their by-laws, as they may deem proper; to be sued for in the name of the corporation by warrant directed to said Constable by the Intendant aforesaid, who shall be, ex officio, a Justice of the Peace within the corporation, restricted and governed as such, by the laws, regulations, and ordinances of the corporation, exclusively.

Sec. 5. And be it further enacted, That the said commissioners shall have power and authority, annually, to levy and assess tax on the inhabitants within the limits of the corporation not exceeding the State tax: and all persons who shall have resided within the limits of the said corporation two months immediately preceding the time the tax shall be laid, shall be subject to taxation according to such regulations as the commissioners may direct: provided, all property not taxable by the State be exempt from the taxation prescribed by this Act.

Sec. 6. And be it further enacted That when vacancies shall happen in the Board of Commissioners, by death resignation or otherwise, such vacancy shall be filled by the


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Board; and the member or members so added shall continue in office until the next succeeding annual election.

Sec. 7. And be it further enacted, That the commissioners aforesaid, and their successors in office, shall, before they enter on the duties thereof, take an oath before some person qualified to administer the same, that they will faithfully discharge the duties to them committed, as commissioners of the town of Sparta, without favour, affection, or partiality.

Sec. 8. And be it further enacted, That all male persons above the age of sixteen and under the age of forty five years, who shall have resided ten days within said corporation, shall, during their residence therein, be liable to work on the streets alleys, public square, wells, springs, pavements and roads, within the limits of said corporation, in such way as may be prescribed by the said commissioners; and they are hereby discharged from working on any road or roads of the county without the limits thereof: any law to the contrary notwithstanding: Provided nevertheless, That no overseer appointed by said commissioners to superintend the public roads within said corporation, nor hands assigned him, shall be exempt from the penalties annexed by law, to the overseers of public roads within this State, and to the hand liable to work thereon, in consequence of a violation of their respective duties, as prescribed by the road law of this State.

Sec. 9. And be it further enacted, That if the first election for commissioners, as prescribed by this Act, be not held on the first Monday of March next, it shall be lawful for the same to be conducted as contemplated in the second section of this act, at any time within one month thereafter: Provided, The inhabitants of said town receive ten days notice of the time of holding said election, by advertisement or otherwise.

Sec. 10. And be it further enacted, That the Judge of the County Court, in cooperation with the commissioners of roads and revenue, shall be, and are hereby, vested with the exclusive power of disposing of the vacant land within the limits of said corporation, as they may deem most expedient, for the benefit of the county of Conecuh; and it shall be their duty from time to time, as occasion may require, and they are hereby empowered, to grant a title in fee simple for any lot or lots of land within said corporation, to any person or persons who shall have paid the instalments which shall accrue on the lot or lots by said person or persons purchased, or shall have paid the full price, which shall have become due on the lot or lots to which such person or persons shall be entitled, which grant shall invest the granted with an exclusive title to hold the lot or lots there-


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in, purporting to be granted to him or her, and his or her heirs, forever.

Sec. 11. And be it further enacted, That the thirty eighth section of an Act of the General Assembly, passes at Huntsville, December thirteenth, eighteen hundred and nineteen, appointing certain commissioners therein named, to fix on a site for the public buildings of the County of Conecuh and for other purposes therein mentioned, be, and the same is hereby, repealed, and it shall be the duty of said commissioners appointed by said Act, to transfer to the Judge of the County Court and the commissioners of roads and revenue, of Conecuh County, all the papers, documents, records and money which may be in their possession as commissioners aforesaid, and render to them a true and faithful report of all the receipts and disbursements which shall have been incident to their commission, and the same shall operate as a final discharge of their responsibility.

[Approved, Dec.3, 1821.]

AN ACT

Amendatory of an Act to incorporate the town of Sparta and for other purposes, passed December 3, 1821.

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, so much of the above recited Act, as mentions and refers to the Southwest quarter of section thirty one of township five, in range eleven within the county of Conecuh, be, and the same is hereby taken and made to apply and refer to the Southeast, instead of the Southwest quarter, of the township and range aforesaid any law to the contrary notwithstanding.

[Approved, Dec. 15, 1821.]

AN ACT

To authorize the executor of Joseph Phillips, deceased, to sell and transfer certain Certificates of land therein named.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the executor of Joseph Phillips, deceased, be, and he is hereby authorized to sell and transfer all or any number of the Certificates of land purchased by said Joseph Phillips, deceased, within this State, upon such terms as he may deem most advantageous.

Section. 2. And be it further enacted, That upon the sale of any one or all of the Certificates aforesaid the Executor aforesaid, shall have power, and he is hereby authorized, to make as complete and as legal a transfer of the same, to the purchaser or purchasers, as could have been made by the deceased, during his lifetime: Provided, the said Executor shall, before the sale of all or any of the said Certificates,


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enter into bond with sufficient security, payable to the Chief Justice of Monroe County, for the faithful distribution of the money arising from the sale thereof, according to the laws relating to, and regulating the estates of deceased persons.

[Approved, December 6, 1821.]

AN ACT

To make appropriations for the year 1822.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the following sums of money be, and they are hereby, appropriated to defray the expenses of the civil list and other necessary charges of the Government, namely: For the pay of the members of the General Assembly, and their expenses at the present session, twenty thousand dollars; for the payment of the annual salary of the Governor of this State, two thousand dollars; for the contingent fund, to be subject to the orders, of the Governor of this State, two thousand dollars; for the payment of the annual salaries of the Judges of the Circuit Courts, seventeen and fifty dollars, each, making ten thousand five hundred dollars; for the payment of the annual salaries of the Secretary of State, Comptroller of public accounts, and Treasurer of this State, one thousand dollars each, making three thousand dollars; for the payment of the annual salaries of the Circuit Solicitors, two hundred and fifty dollars each, making twelve hundred and fifty dollars; for the payment of the annual salary of the Attorney General, six hundred and fifty dollars; for the payment of the Adjutant General, two hundred dollars; for the payment of the Quarter-Master General, two hundred dollars; for the payment of the clerk of the Senate and clerk of the house of representatives, each, seven dollars per day and for the payment of the assistant clerks of both branches of the General Assembly, each, five dollars per day; for the payment of the door keepers of the of the Senate and of the House of Representatives, each, four dollars per day, to be paid out of any money in the Treasury not otherwise appropriated.

Sec. 2. And be it further enacted, That the sum of twenty-five dollars be appropriated in addition to the sum allowed by an Act passed the twenty-second day of December, one thousand eight hundred and twenty, making provision for the purchasing of a desk for the preservation of papers and stationary necessary for the office of the Treasurer, and the Comptroller is required to issue his warrant accordingly.

Sec. 3. And be it further enacted, That the Comptroller be, and he is hereby authorized and required, to issue his warrant in favour of William T. Gamble, for the sum


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of two hundred and sixty nine dollars and twenty five cents, for stationary furnished both Houses of the General Assembly at the present session, and that the Treasurer be, and he is hereby, authorized, to pay the same, out of any money in the Treasury not otherwise appropriated.

Sec. 4. And be it further enacted, That the clerk of the House of Representatives be allowed Seventy-five dollars for ex-officio services to be rendered in arranging the public papers, and preparing the Journal for the press.

Sec. 5. And be it further enacted, That the sum of sixty-three dollars and twenty-five cents, be allowed the Comptroller for postage on packages.

Sec. 6. And be it further enacted, That the sum of two hundred and fifty dollars be appropriated, as compensation to the Secretary of State for copying the laws and Journals of the present session of the General Assembly, and superintending the printing the same.

Sec. 7. And be it further enacted, That the sum of fifty-three dollars and thirty-four cents be appropriated, for the payment of W. & A. Trigg.

Sec. 8. And be it further enacted, That the sum of nine dollars eighty-one and three fourth cents, be appropriated for the payment of George a. Thrash for taxes overpaid.

Sec. 9. And be it further enacted, That the sum of one hundred and thirteen dollars and eighty-seven cents be appropriated to Mathew W. McClellan for Stationary and wood for the use of the Senate, during the present session. And that the public building and furniture in the Town of Cahawba, be committed to John H Thorington, for preservation and safekeeping: and he is hereby required to execute his receipt to the Secretary of State for all the property committed to his custody, with a description of the condition in which it was received; which property shall be restored by said Thorington in the same condition in which it is delivered to him.

Sec. 10. And be it further enacted, That the sum of              dollars be, and the same is hereby, appropriated to said Thorington for said service.

(Approved, December 19, 1821.)