Monday, December 3rd, 1821.

The House met pursuant to adjournment.

Mr. Vining presented the petition of Henry Scales, administrator of John Watts deceased, authorizing him to sell a part of the real estate of said John Watts --- which was received, and referred to a select committee, consisting of Messrs. Vining and Miller.

Mr. Barclay presented the petition of Thomas Kirby, tax collector of Jackson county, praying to be exempted from the payment of certain delinquent taxes therein named, which was received, and referred to the committee on propositions and grievances.

Mr. Perry from the committee on enrolled bills, Reported, that the committee had examined bills of the following titles, to wit: An act to incorporate the Murder creek navigation company.

An act appointing commissioners to lay out a certain road therein named.


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An act supplementary to an act entitled an act for the collection of monies due the State, and for other purposes, passed the 16th December, 1820, and

An act to allow compensation to William Dunn for examining the Black-warrior river, above the town of Tuskaloosa --- all of which they find correctly enrolled.

Mr. Craig from the select committee to whom was referred the communication from the Executive, relative to the appointment of county officers, Reported the following bills, to wit:

A bill to be entitled an act to amend an act entitled an act to provide for the appointment of county officers.

And a bill to be entitled an act to procure seals of office, for the several county courts in this State --- which were read a first time, and Ordered to be read a second time to-morrow.

Mr. Moore obtained leave to introduce a bill to be entitled an act to regulate proceedings on chancery suits: and,

Mr. Crenshaw obtained leave to introduce a bill to be entitled, an act to abolish fictitious proceedings in actions of ejectment, and for other purposes therein mentioned --- which were severally read a first time, and Ordered to be read a second time to-morrow.

Mr. Pickett obtained leave to introduce a bill to be entitled an act to incorporate the town of Vernon, in the county of Autauga --- which was read a first time; and the rule being dispensed with, it was read a second time, and Ordered to be engrossed for a third reading to-morrow.

Mr. Armstrong offered the following Resolution:

Whereas, the General Court Martial which convened at Claiborne, for the purpose of decided in the contested election for Major General of the fourth division of the militia of this State, has declared said election illegal: Be it therefore,

Resolved by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That His Excellency the Governor be, and he is hereby required to issue a writ of election as early as practicable, to fill said vacancy in the manner provided for in the 5th section of an act, passed at Cahawba on the 20th December 1820 to organize the militia of this State.

Mr. Weedon moved to amend said resolution by striking out all after the word "Resolved," for the purpose of inserting the following: "that His Excellency the Governor be requested to lay before the House all the proceedings in

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relation to the contested election for a Major General to command the 4th division of the militia of this State, which may be in his possession --- which amendment was lost.

The question was then taken on Mr. Armstrong's resolution, and decided in the negative.

On motion of Mr. Moore, Resolved, That the judiciary committee be instructed to inquire into the expediency of authorizing sheriffs to wind up and settle all business on which judgment or execution may have been obtained during the time for which they may have been elected.

On motion of Mr. Williams, Resolved, That a select committee be appointed to inquire into the expediency of passing a law for the election of Governor, when the office may become vacancy by death, resignation or otherwise.

Whereupon Messrs. Williams, Bagby and Williamson, were appointed said committee.

Mr. Thompson obtained leave to introduce a bill to be entitled an act to repeal in part the forty third section of an act to organize the militia of this State, and to substitute an amendment thereto; and

Mr. Kennedy obtained leave to introduce a bill to be entitled an act to provide compensation for witnesses in criminal cases, out of county funds, in certain specified cases --- which were severally read a first time, and Ordered to be read a second time to-morrow.

A bill to be entitled an act to regulate the mode of issuing grants and patents in this State --- was read a third time, amended and passed. Ordered, that the title be as aforesaid. Ordered, That the same be sent to the Senate.

The House resolved itself into a committee of the whole House, Mr. Bagby in the chair, on the bill to be entitled An act to provide for the assessing and collecting the taxes in this States; and after some time spent therein, the committee rose, and Mr. Bagby reported, that the committee had made progress therein, and asked leave to sit again.

Bills of the following titles, to wit:

An act to appoint commissioners to lay out certain roads therein specified, and for other purposes;

An act legalizing the sales of certain lands and lots therein named, and for other purposes; and,

An act to establish a public road therein named, and for other purposes --- were severally read a third time, and passed. Ordered, that the titles be as aforesaid. Ordered, that the same be sent to the Senate for their concurrence.


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The House again resolved itself into a committee of the whole, on the bill to be entitled an act to provide for assessing and collecting the revenue of this State; and after sometime spent therein, the committee rose, and Mr. Bagby obtained leave to report on tomorrow.

A message from the Senate by Mr. Lyon their secretary. informing this House, that they had read a third time and passed the following bills, which originated in this House, to wit:

An act to authorize the executor of Joseph Phillips, deceased, to sell and transfer certain certificates of land therein named;

An act for the relief of Eugenio Campbell, tax collector of Lawrence county;

An act to establish certain counties therein named, and for other purposes; and,

An act supplementary to an act entitled an act to suppress duelling, passed 17th December, 1819.

Also, that they had read the third time and passed the following bills:

An act to amend the act to incorporate the city of Mobile, passed on the 17th Dec. 1819;

An act to establish certain election precincts therein named, and for other purposes;

An act to establish a board of improvement;

An act to authorize a lottery for the purpose of building a bridge over Prairie creek, in the county of Greene; in which they desire your concurrence.

A message was received from His Excellency by Mr. Pleasants, informing this House, that he did on this day approve and sign,

An act to establish additional election precincts in certain counties therein named.

An act authorizing a lottery for the making of a turnpike road from the city of Mobile to Chickasaw Bogue creek in the county of Mobile, and for other purposes.

An act for the relief of John Bishop.

An act to authorize William Crawford and company of Franklin county, to build a bill and other water works on the Tennessee river, and for other purposes.

An act to establish the permanent seat of justice in the county of Shelby.

An act for the relief of John McShan and William McShan, of Jefferson county; and,


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An act to incorporate the town of Sparta, and for other purposes.

Mr. Ayers obtained leave to introduce a bill to be entitled, an act to establish a certain county therein named; and,

Mr. Dabney obtained leave to introduce a bill to be entitled, an act to establish the permanent seat of justice for the county of Montgomery; which were severally read a first time, and ordered to be read a second time tomorrow.

On motion of Mr. Williams, Resolved, that the judiciary committee be instructed to inquire into the expediency of amending the law in relation to taking bail by sheriffs and other officers, on any process where bail may be required.

On motion of Mr. Williamson, Resolved, that the judiciary committee be instructed to inquire into the expediency of laying off another judicial circuit.

Mr. Moore offered the following resolution:

Resolved, that the tax collector of Madison county be and he is hereby authorized and required to pay into the Huntsville bank, the amount of money he may have collected on or before the 27th day of December, 1821; which sum shall be placed to the credit of the governor of the state, to be applied in conformity with the act authorizing the payment of the debt of ten thousand dollars due from the state to said bank.

Mr. Murrell moved to amend said resolution, by adding after the word "Madison," the words "and Limestone;" which was carried; Ordered, that said resolution lie on the table.

The House adjourned.