AN ACT

To authorize the issuing of Treasury notes, and to vest authority in the Executive of this State to apply a certain sum of money therein mentioned, or the purpose of making such arrangements with the specie paying Banks of this State, as may aid the credit and currency of the Treasury notes.

Section 1. Be it enacted by the Senate and House of Representatives o the State of Alabama in General Assembly convened, That the Governor be, and he is hereby, authorized to cause Treasury notes to be prepared, to the amount


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of thirty thousand dollars, and issued in the manner herein after provided: The sum of six thousand dollars, in notes or bills of seventy five cents; six thousand dollars in notes or bills of fifty cents; six thousand dollars in notes or bills of twenty five cents; six thousand dollars in notes or bills of twelve and a half cents; six thousand dollars in notes or bills of thirty seven and a half cents each.

Sec. 2. And be it further enacted, That the said Treasury notes shall express, that the bearer thereof shall be entitled to receive at the Treasury of the State, the sums therein specified, respectively, and shall be signed by the Treasurer, and by him be issued in payment of warrants drawn on the Treasurer, to such persons as may choose to receive the same at par, or in exchange for other monies which he may hereafter be authorized to receive in payment of taxes or other public dues.

Sec. 3. And be it further enacted That the said notes shall be received by the State Treasurer, and by the Collectors of State taxes, in payment of any dues or taxes to the State, or the same shall be reimbursed at the Treasury of the State to any holder on application, out of any monies in the Treasury; but the said notes shall not bear interest.

Sec. 4. And be it further enacted, That it shall be the duty of the State Treasurer, to keep a register of all Treasury notes by him issued and paid out under the authority of this State or of this act, and he shall place all sums so issued and paid out, to the credit of the State; and he shall in his annual report be credited with the amount of notes or bills issued in pursuance of this act, and which shall have been returned into the Treasury and on hand at the date of such report.

Sec. 5. And be it further enacted, That for carrying this act into effect, the sum of five hundred dollars, if so much be necessary, be, and the same is hereby appropriated, out of any monies in the Treasury not otherwise appropriated.

Sec. 6. And be it further enacted, That the Governor be, and he is hereby, authorized, to apply the sum of fifteen thousand dollars, authorized by law to be borrowed from any of the specie paying Banks of this State, (or so much thereof as may be deemed necessary.) for the purpose of making such arrangement with the specie paying Banks as may aid the credit and currency of the Treasury notes, by law authorized to be issued, or for the purpose of making such exchanges for the whole or part of said sum, for specie, or specie paying paper, as may be necessary to aid the operations of the Treasury.

Sec. 7. And be it further enacted, That if any person


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shall falsely make, forge or counterfeit, or cause or procure to be falsely make, forged or counterfeited, or willingly aid or assist in falsely making, forging or counterfeiting any note in imitation of, or purporting to be a Treasury note aforesaid, or shall falsely utter, or cause or procure to be falsely uttered, or willingly aid or assist in falsely uttering, any Treasury note issued as aforesaid, or shall pass, utter or publish, or attempt to pass, utter or publish as true, any false, forged, or counterfeit note purporting to be a treasury note as aforesaid knowing the same to be falsely forged or counterfeited, or shall pass, utter or publish or attempt to pass, utter or publish as true, any falsely uttered Treasury noted, issued as aforesaid, knowing the same to be falsely altered, every such person shall be deemed and adjudged guilty of felony, and on conviction shall be subject to the same pains and penalties, that are now by the existing laws prescribed and provided against the offence of forgery.

Sec. 8. And be it further enacted, That from and after the passage of this act, it shall be unlawful for any person or persons within the limits of this State, to make, issue, or emit, any printed note or bill, such as are generally known and denominated change or due bills, or cause or procure to be made, issued, or emitted, any printed note or bill purporting to be a due bill and generally known as, and denominated, change or due bills, under the penal sum of five dollars for each and every offence, to be recovered on a warrant before any Justice of the Peace, by any person suing for the same, one moiety to the use of such person, and the other to the use of the State.

Sec. 9. And be it further enacted, That from and after the first day of June next, it shall be unlawful for any person or persons within the limits of this State, to pass or circulate, or cause to be passed or circulated, any printed bill or note purporting to be a due bill and such as are generally known as, and denominated change or due bills, whether made, issued, or emitted in or out of this State, under the penal sum of five dollars for each and every of fence, to be recovered by warrant before any Justice of the Peace, by any person suing for the same; one moiety to the use of such person, and the other to the use of the State: Provided nevertheless, that this act shall not prevent any person or persons from delivering over to the persons who may have made, issued or emitted any printed change or due bills, and which he or they may have on hand, after the said first day of June next.

[Approved, Dec. 19, 1821.]

AN ACT

To incorporate the Murder Creek Navigation Company.

Section 1. Be it enacted by the Senate and House of Re-


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presentatives of the State of Alabama, in General Assembly convened, That subscription books shall be opened at the Town of Sparta, on the first day of January next or as soon thereafter as convenient under the superintendence of Henry Hunter, R.W. Carter, Mabry Thomas, Francis Boykin, John Dean and Eldridge S. Greening, for the purpose of receiving subscriptions, to be applied as herein after mentioned, and the said hooks shall be kept open until the first day of May ensuing; provided, the sum of six thousand dollars shall not be sooner subscribed.

Sec. 2. And be it further enacted, That the said sum of six thousand dollars, shall be divided into one hundred and twenty shares of fifty dollars each, and the money thus subscribed shall be paid, one eight part thereof at the time of subscribing; three eighths when the President and Directors shall declare, that half the distance from the bridge to the mouth of said Creek is navigable; and the remainder shall be divided into two equal instalments, one of which shall be paid when the said Creek shall have been accepted as a navigable one, and the other instalment four months thereafter; Provided that if any stockholders shall neglect and refuse to pay any instalment that may be due from him, he shall forfeit to the benefit of the company, whatever sum he may have already paid: and so soon as the sum of six thousand dollars as aforesaid shall be subscribed, the subscribers, their successors and assigns, shall be a body politic, by the name and style of The President and Directors of the Murder Creek Navigation Company, and shall by that name be capable and liable in law to sue and be sued, plead and be impleaded, answer and be answered, defend and be defended, in any suit, matter, action or thing, depending in any court of law or equity.

Sec. 3. And be it further enacted, That so soon as the said sum of six thousand dollars shall be subscribed, the superintendents shall give thirty days notice of the time and place of holding an election for the purpose of electing seven Directors, which election shall be held under the direction of any three of the superintendents who shall be on oath to conduct such election fairly and impartially and the stockholders shall be entitled to vote upon the following principle to wit: for each and every share, one vote, provided no person, Copartnership or body politic shall be entitled to more than five votes; and the directors so elected shall continue in office, for the space of one year.

Sec. 4. And be it further enacted, That the said directors a majority of whom shall be deemed sufficient to transact all business shall immediately proceed to the election of a President, who shall be elected from their own body, and who shall continue in office for the term of one year.


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Sec. 5. And be it further enacted, That the said President and directors shall appoint a Treasurer, who shall continue in office for the term of one year, and who shall previously to his entrance upon the discharge of the duties of his office, give bond and security to the President and directors in the sum of two thousand dollars for the faithful performance of the duties of his office, and who shall receive as compensation for his services, one and a half per cent, out of all monies which may come into his hands as Treasurer.

Sec. 6. And be it further enacted, That so soon as the officer, pointed out by this act, shall have been elected, it shall be the duty of the President to give sixty days notice, at three of the most public places in the county of Conecuh and in some newspaper, of the time and place of disposing of the said work, which shall be disposed of to the lowest bidder; and the person who shall contract to make the said Creek navigable, shall be required to give bond and security in the sum of four thousand dollars, for the faithful performance of his contract within such time as the President and directors may prescribe.

Sec. 7. And be it further enacted, That the President and directors shall pass such by-laws as they may deem necessary for the purpose of carrying this act into complete effect, and the said Creek shall be made navigable, in such manner and under such regulations as the board may direct.

Sec. 8. And be it further enacted, That the said board may erect on such part of the said Creek as they may deem necessary, a Toll Gate, and shall receive the following rate, to wit: for every Ton, Two Dollars; for every small water craft of any description, fifty cents.

Sec. 9. And be it further enacted, That the said company shall have the exclusive benefit arising from the navigation of the said stream, for and during the term of twenty years.

Sec. 10. And be it further enacted, That if any person shall in any manner, obstruct the navigation of the said stream, by falling trees or otherwise, such offender shall be fined in the dim of five dollars, which fine shall be recoverable before any Justice of the Peace, and shall go exclusively to the benefit of the informer.

(Approved, December 15, 1821.)

AN ACT

To authorize Leonard Abercrombie to emancipate certain slaves therein named.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That Leonard Abercrombie of the county of


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Dallas be, and he is hereby, authorized and empowered to manumit and set free, a woman of colour named Fanny (alias Fanny Martin) and her ten children, Moreau, Jane, Emily, Morgan, John, Maria, Eliza, Betsey, Fanny, and Lavinia, so soon as the said Leonard Abercrombie shall have executed to the Judge of the county court of the county in which such slaves reside, and his successors in office a bond with sufficient security, to be approved of by said Judge; conditioned that said slaves, Fanny Martin, Moreau, Jane, Emily, Morgan, John, Maria, Eliza, Betsey, Fanny, and Lavinia, or either of them, shall never become chargeable to the State of Alabama, or any county or town therein; that such emancipation shall not in any manner become prejudicial to the creditors of the said Leonard Abercrombie; and that he shall remove said slaves out of this State: Provided, that if any of the persons emancipated by this act shall return into this State and remain as residents of their own accord such person or persons shall be considered to be in the same state of slavery as if this act had never passed.

(Approved, Dec. 8th, 1821.)

AN ACT

To authorize Richard Rapier, Administrator of Clabourne Mays, deceased, to sell a certain lot of land, therein mentioned.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That Richard Rapier, administrator of Clabourne Mays, deceased, be, and he is hereby authorized to sell a certain lot of land which said Clabourne Mays purchased of John Asher, adjoining the town of Florence, on such terms of credit, not exceeding nine months, and in such manner, as he, the said Richard Rapier, may deem most advantageous, taking bond with good and sufficient security for the payment of the condition: Provided, Thirty days public notice he given of the time of sale, and that said lot of land be sold at public auction, in the town of Florence.

Sec. 2. And be it further enacted, That so soon as the said John Asher shall have fulfilled the conditions of his bond, executed to the said Clabourne Mays on the ninth day of September, one thousand eight hundred and nineteen, relative to making a title to the said lot, be the said Richard Rapier shall be authorized and empowered to make or cause to be made to the purchaser or purchasers thereof, a conveyance of such title as the said deceased 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 out of the proceeds of the sale of the lot aforesaid, the said administer


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shall pay to the said John Asher (if so much there be,) the amount of his demand, which accrued in consequence of the purchase of said lot: Provided, That the said John Asher will make the same deduction thereon which the purchasers of town lots are entitled to, by the Act of Congress for the relief of the purchases of public lands.

Sec. 4. And be it further enacted, That the surplus of the proceeds of such sale, if any there be, shall be disposed of by the said administrator agreeably to the existing laws regulating the distribution of the personal effects of deceased persons.

(Approved, November 27th, 1821.)

AN ACT

To authorize the Administrator and Administratrix of Thomas Tolbert, to sell and convey certain real estate.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That James Havens and Rachel Tolbert, administrator and administratrix of the estate of Thomas Tolbert, deceased, be, and they are hereby authorized to sell the certificate of the south east quarter of section number twenty three, in township number seven, of range number seven, west, in the district of land sold at Huntsville, belonging to the estate of said Thomas Tolbert, deceased, on such terms as they may deem most advantageous; taking bond with sufficient security, for the true and faithful payment of the consideration.

Sec. 2. And be it further enacted, That the said administrator and administratrix, are hereby authorized and empowered on the sale of said land, to make, or cause to be made to the purchaser or purchasers (as the case may be,) of the same, a conveyance of such title as the said deceased 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 said administrator and administratrix shall, before the sale of said land, hereinbefore authorized to be sold, enter into bond with sufficient security, payable to the Judge of the County Court, in which said land is situated, for the disposition of the money arising from the sale of said land, agreeably to the existing laws, regulating the distribution of the personal effects of deceased persons.

Sec. 4. And be it further enacted, that the administrator and administratrix of Thomas Tolbert, aforesaid, shall give at least thirty days notice, by publishing the time and place of sale of the above described land, in the Florence Gazette or Alabama Republican, and at the Court House door in the town of Moulton and three other public places in said county.

(Approved, Nov. 27, 1821.)


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For the relief of Eugenio Campbell, tax collector of Lawrence county for the year eighteen hundred and twenty.

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 is hereby authorized and required, to issue his warrant in favour of the said Engenio Campbell, for whatever amount the County Court of Lawrence county shall allow the said Campbell, for insolvencies on the tax list of eighteen hundred and twenty.

Sec. 2. And be it further enacted, That the said Eugenio Campbell shall be allowed nine months from the passage of this Act, for the purpose of completing his collection of taxes, for the year eighteen hundred and twenty, if there should remain any yet due, and unsettled.

(Approved December 6, 1821.)

AN ACT

To authorize the Administrators of the late Benjamin C. Benham, deceased, of Limestone county, to sell a tract of land therein designated, 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 John Montgomery and John Cunningham, administrators of Benjamin C. Benham, deceased, late of Limestone county, be, and they are hereby authorized and empowered, to sell at public auction, giving at least thirty days public notice thereof, a tract or parcel of land, said to contain twenty six acres, being and lying in Madison county, and adjoining the lands of Bartholomew Jordan and others, it being the same that the aforesaid Benjamin C. Benham, deceased, died seized of, taking bond with approved security, for the true and faithful payment of the same.

Sec. 2. And be it further enacted, That the said administrators are hereby authorized and empowered on the sale of said tract of land, to make to the purchaser of the same a conveyance of such title as the said decedent had or was entitled to, which conveyance shall be equally valid and binding, as if the same had been made by the decedent in his lifetime.

Sec. 3. And be it further enacted, That it shall be lawful for the administrator of William A. Rogers, late of Madison county, to sell at public sale, all or so much of the estate that the said Rogers died seized and possessed of, which he purchased of Samuel Dixon, on a credit corresponding with the payments yet due to said Dixon, for said purchase, giving at least thirty days notice, in the Alabama Republican, so soon as the said administrator shall have executed his bond to the Judge of the County Court, and his successors in office, conditioned that the money arising from such sale, shall be applied according to law, in such cases made and provided.

(Approved, Nov. 27, 1821.)


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AN ACT

To legitimate a certain person therein named, and for other purposes.

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That Alexander H. McKee, the natural child of John McKee, be, and is hereby legitimated.

Sec. 2. And be it further enacted, That the said Alexander H. McKee is hereby declared to possess all the rights, privileges, and immunities incident or belonging to a citizen of this State so long as he continues a citizen thereof.

(Approved, December 13, 1821.)

AN ACT

To authorize the Catholic Congregation of Christians, in the city of Mobile, to sell certain real estate therein mentioned, 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 John B. Hogan, Terry McCusker, Diego McVoy, Daniel Duvol and Dominique Salles, be, and they are hereby appointed commissioners for the Roman Catholic congregation of Christians, in the city of Mobile, with full power and authority, after giving thirty days public notice in the newspaper published at Mobile, to sell at public sale or at private sale, if the latter should best comport with the interests of the said congregation, (provided however, that the property shall be first offered at public sale,) a certain lot of ground, situate on the west side of Royal street, in said city, on which the church or chapel of the said congregation was long since erected, and which is now in a state of complete dilapidation; the proceeds or monies arising from the said sale to be applied to the suitable erection or construction of a new church or chapel, designed and intended to be constructed on another lot of land in said city, appertaining to said congregation, and which from its situation it is deemed a more suitable place for the construction of a house dedicated to the worship of Almighty God; the overplus, if any, arising from the said sale, after defraying the necessary expenses, incident to the construction of such new church or chapel, to be paid over to the said congregation.

Sec. 2. And be it further enacted, That the said commissioners or a majority of them shall have, and are hereby vested with full power and authority, to make and execute all such deeds, conveyances or other instruments, in writing, as may, in law be needful or necessary, to assure and secure to the purchaser or purchasers all the right title, interest, and claim both at law and in equity, which the said Roman Catholic congregation now have, or which they may hereafter have, in and to the said lot of land, on which their ancient church or chapel is built, and they or a majority of them, are hereby vested with full power and


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authority to contract for, direct and superintend for the said corporation, the construction of a new church or chapel.

Sec. 3. And be it further enacted, That the said commissioners, before they enter on their respective duties, shall enter into bond with good and sufficient security in the sum of three thousand dollars to Vincent Gener, the Catholic priest of said congregation, for the use of the said congregation; conditioned, that they will correctly and faithfully discharge the trust reposed in, and confided to them, according to the provisions of this Act; that they will well and truly account for all monies, to the said congregation, which may come into their hands, proceeding from the sale of the lot hereinbefore mentioned; and, that they will pay over to said Gener for the use of the said congregation, any surplus fund which may be, or remain, in their hands, after completing the payment of the expenses incident to the construction of the new church or chapel, immediately after the completion of the same.

Sec. 4. And be it further enacted, that the said commissioners shall be allowed such reasonable compensation for their services, as may be fixed and determined upon by the said Catholic congregation.

(Approved, November 27, 1821.)

AN ACT

For the relief of John Bishop.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the County Treasurer of Autauga county be, and he is hereby, authorized and required, to pay to John Bishop, twenty dollars out of any monies which are, or may hereafter be, in the treasury, not otherwise appropriated; it being the amount of a fine imposed on and paid by said Bishop, for his non-attendance as a juror at a Circuit Court, held in and for the county aforesaid, on the fourth Monday in July, one thousand eight hundred and twenty.

(Approved, Dec. 3, 1821.)

AN ACT

For the relief of John Easley.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the County Treasurer, of Lawrence county be authorized and required to pay to John Easley, of Lawrence County, the sum of fifty dollars, the amount recovered against the said John Easley, at March term, one thousand eight hundred and twenty-one, of the Circuit Court of said County, on a forfeited recognizance should the said amount have been paid by the said Easley into the County Treasury of Lawrence County, and should the amount of the said forfeited recognizance be not collected or paid into the County Treasury of said County the same is hereby declared to be remitted.

(Approved, Dec. 17, 1821.)


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AN ACT

Authorizing the Administrators of the estate of Robert Morrow, deceased, to sell certain real estate 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 administrators of Robert Morrow deceased, are hereby authorized to sell a certain lot of land, numbered twenty-seven in the town of Montgomery, in this State, belonging to the estate of said deceased, on a credit of six months, taking bond with sufficient security for the payment of the consideration.

Sec. 2. And be it further enacted, That the said administrators are hereby authorized, on the sale of said lot, to make or cause to be make to the purchaser or purchasers (as case may be,) a legal title to the same which title shall be equally as binding, as if the same had been made by the said deceased, in his life time.

Sec. 3. And be it further enacted, That the said administrators shall before the sale of the lot herein authorized to be sold, enter into bond with sufficient security, payable to the Judge of the county court of Greene county.

(Approved, November 28th, 1821.)

AN ACT

To authorize the Administrator of David Dalton, deceased, to sell certain lots 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 Administrator of David Dalton, deceased, be, and he is hereby, authorised, to sell all the right, title, and interest of the said David Dalton, deceased, to lots number thirty-one, and one hundred and thirty three, in the plan of the town of Cahawba, upon his giving bond with sufficient security, payable to the Judge of the county court of Dallas county and his successors in office, to be approved by the said Judge, conditioned for the faithful distribution of the proceeds of the said sale, according to the law regulating the distribution of intestates estates;- Provided, that the said administrator shall give public notice of the time and place of such sale, in the Cahawba Press, at least one month previous to the sale.

[Approved, Nov. 19, 1821.]

AN ACT

For the relief of William B. Allen, State Printer.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That William B. Allen be allowed out of any money in the treasury, not otherwise appropriated, the sum of five hundred and fifty one dollars, in addition to what he has already received for the political year one thousand eight hundred and twenty-one.

(Approved, Dec. 17, 1821.)


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AN ACT

Authorizing Abraham Skidmore and others, to sell certain real estate.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That Abraham Skidmore, administrator and Violette Thompson, administratrix of James Thompson, deceased, be, and they are hereby, authorized to sell and transfer the certificate of North-west of the Huntsville median: Provided, that the said administrator and administratrix shall, before they proceed to sell the said land, enter into bond and security to the Judge of the said county court of Morgan, for the correct application of the money arising from the sale.

Sec. 2. And be it further enacted, That Asahel Akers, administrator of William White, deceased, be, and he is hereby, authorized, to sell and transfer certain lands lying and being in Lauderdale county, which were purchased at the sales of the lands of the United States at Huntsville, by said deceased, in his life time.

Sec. 3. And be it further enacted, That the said administrator shall before such sale and transfer, enter into bond with sufficient security, payable to the Judge of the county court of Lauderdale county, for the proper distribution of the money arising from the sale of said lands, agreeably to the existing laws regulating the distribution of personal estates of deceased persons, and give thirty days notice of the time and place of sale, in some public paper printed in this State.

[Approved, Dec. 17, 1821.]

AN ACT

Confirming a Decree of the Circuit Court of Madison county, exercising Chancery Jurisdiction, pronounced in September term, 1820, divorcing Harriet Dillard from her husband Nicholas Dillard.

Section 1. Be it further enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the bonds of matrimony, heretofore solemnized and subsisting between said Nicholas Dillard and Harriet Dillard be dissolved, and that the said Harriet be hence forth divorced from the said Nicholas.

[Approved, Nov. 20, 1821.]

AN ACT

For the relief of Thomas Eastin.

Section 1. Be it further 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 this State, in favour of Thomas Eastin, for the sum of thirty three dollars and fifty cents, for services rendered as Public Printer; 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. 18, 1821.)


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AN ACT

To authorize Maria Evans and Lewis Tilman, to emancipate certain slaves therein named.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That Maria Evans of the county of Madison, be, and she is hereby authorized, to emancipate a certain negro man slave named Richard Evans, aged about twenty seven years, so soon as said Maria Evans shall have executed to the Judge of the county court of Madison, and his successors in office, a bond with sufficient security, to be approved by said Judge, conditioned that the said Richard Evans shall never become chargeable to the State of Alabama, or any county or town therein.

Sec. 2. And be it further enacted, That Lewis Tilman of the county of limestone be, and he is hereby, authorized to emancipate his slave Jack, so soon as the said Lewis Tilman shall have executed to the Judge of the county court of Limestone, and his successors in office, a bond with sufficient security, to be approved by said Judge, conditioned that no creditor shall sustain any loss by reason of said emancipation, that the said slave Jack shall never become chargeable to the State of Alabama, or any county or town within the same.

(Approved, Nov. 19, 1821.)