Tuesday, December 11, 1821.

The Senate met pursuant to adjournment.

Mr. Gause, from the committee on enrolled bills reported, that said committee had examined the following acts and resolutions and found the same correctly enrolled, viz: an act supplementary to the several acts in relation to highways, bridges and ferries; an act in relation to the Spanish records in the county of Mobile; an act to authorize a lottery for the purpose of building a bridge on Prairie creek, in the county of Greene; resolutions to request our Senators and Representatives in Congress, to use their exertions to procure an appropriation for treating with the Creek and other nations of Indians, relative to the cession of certain parts of their territory, resolutions making it the duty of Harry Toulmin, and of the judges of the supreme and circuit courts of this state to report to the general assembly, any defects of imperfections which may exist in the statutes of this state; and, an act respecting rents; which were accordingly signed by Mr. President.

Mr. Lucas, from the committee on roads, bridges and ferries, to whom was referred the petition of the citizens of the town of Selma, reported a bill to be entitled an act to amend an act, entitled an act to incorporate the town of Selma, in the county of Dallas; which was read the first time. Ordered, that said bill be made the order of the day for a second reading on to-morrow.

Mr. Ware presented the petition of sundry citizens of Bibb county, praying to be attached to the county of Shelby; which was read and ordered to be referred to the committee on county boundaries.

Mr. Elliott obtained leave to introduce a bill to be entitled an act amendatory of the several laws now in force, for the relief of insolvent debtors; which was read the first time. On motion, the rule which requires all bills to be read on three several days, was dispensed with, and said bill was read the second time. Ordered, that the same be committed to a committee of the whole House, and made the order of the day for to-morrow.

Mr. McVay obtained leave to introduce a bill to be entitled an act to extend to justice of the peace, jurisdiction in pleas of trespass in certain cases, which was read the first time. On motion, the rule which requires all bills to be read on three several days, was dispensed with, and said bill was read the second time. Ordered, that the same be committed to a committee of the whole House, and made the order of the day for to-morrow.

Mr. Rose, from the committee on the University Lands, to whom was referred the bill to be entitled an act for the relief of Michael J. Kenan, made the following report: "The committee to whom was referred the petition of Michael J. Kenan, have had the same under consideration, and respectfully report that in their opinion, the petitioner is entitled to relief:" which was concurred in.

Mr. Chambers offered the following resolution, Resolved by the Sen-


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ate, that no new business be introduced in the Senate, after to-morrow: which was adopted.

The bill to be entitled an act for the relief of Thomas Eastin, was taken up, and read the third time. Mr. Garth moved that the further consideration of said bill, be indefinitely postponed; and on the question being put, it was decided in the negative. Yeas 7, nays 14. The yeas and nays being desired.

Those who voted in the affirmative, are

Messrs. Garth, Gaines, Hogg, Lanier, McVay, Rose and Wingate-- 7.

Those who voted in the negative, are

Mr. President, Casey, Conner, Chambers, Davis, Deveraux, Dennis, Elliott, Gause, Hanby, Lucas, May, Trotter and Wingate-- 14.

Mr. Chambers, moved to fill in the blank in said bill, with "thirty-three dollars and fifty cents:" and on the question being put, it was decided in the affirmative. Yeas 14, nays 7. The yeas and nays being called for,

Those who voted in the affirmative, are

Mr. President, Casey, Conner, Chambers, Davis, Deveraux, Dennis, Elliott, Gause, Hanby, Lucas, May, Trotter, Wingate.

Those who voted in the negative, are

Messrs. Garth, Gaines, Hogg, Lanier, McVay, Rose, Ware.

The question was then put, "shall this bill pass?" and decided in the affirmative. Ordered, that the title of said bill, be an act for the relief of Thomas Eastin, and that the same be sent to the House of Representatives for their concurrence.

A message from the House of Representatives, by Mr. Williams, a member thereof:

Mr. President, I am instructed by the House of Representatives, to inform your honorable body, that they have read a third time and passed, a bill to be entitled an act to form a sixth Judicial Circuit, and for other purposes therein named; in which they desire your concurrence.

A message from the House of Representatives, by Mr. Philpott:

Mr. President, I am instructed by the House of Representatives, to inform your honorable body, that they concur in the disagreement of the Senate, to the 6th section of the amendments to a bill to be entitled an act to establish certain election precincts therein named, and for other purposes, so far as the same establishes a precinct at the house of George Roberts in Blount county.

A bill from the House of Representatives to be entitled an act to authorize the administrator of John Watt, deceased, to sell certain real estate therein named was read the third time and passed; Ordered, that the Secretary notify the House of Representatives thereof.

A bill from the House of Representatives to be entitled an act to repeal in part and amend an act to constitute a court of Oyer & Terminer for the trial of salves & for other purposes was read the 3d time. Mr. Casey proposed the following amendment to said bill by way of rider:

"And be it further enacted, that in all appeals taken from a justice of the peace to the Circuit court, when it shall be made appear to the court that the appeal was taken for delay, the court shall award per centum damages" Said amendment was read the first time. On motion the rule which requires all amendments by way of rider to be read on three several days was dispensed with, and said amendment


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was read a second time. Mr. Rose moved to fill the blank in said amendment with "15 per centum" and on the question being put it was decided in the affirmative. Yeas 13, nays 5.

The yeas and nays being called for, those who voted in the affirmative, are

Mr. President, Casey, Deveraux, Dennis, Elliott, Gaines, Hogg, McVay, May, Rose, Trotter, Ware and Wingate.

Those who voted in the negative, are,

Messrs. Garth, Gause, Hanby, Lucas, and Lanier.

Mr. Casey moved to strike out the words "Circuit court" in said amendment: and on the question being put it was decided in the affirmative. Mr. Elliott moved, the following proviso to said amendment, Provided nevertheless, that this act shall not apply to cases in which appeals shall have been granted previous to the passage of this act," and on the question being put on the adoption of said proviso, it was decided in the affirmative. Mr. Casey moved to strike out the words "passage thereof." in the fourth section of said bill, and insert in lieu thereof the words "the first day of March next," and on the question being put it was decided in the affirmative. Said bill was then read the third time and passed. Ordered, that the secretary notify the House of Representatives thereof and desire their concurrence.

Mr. Davis presented the petition of Henry Stakes, William Brandon, Samuel Smith, Robert Hamblet and Charles A. Stokes of Madison county, praying the passage of a law, authorizing the county Treasurer of said county to pay the amount of their accounts against said county, for work and labor done by them in repairing the Meridian road from Huntsville to Meridianville; which was read, and on motion referred to the committee on roads, bridges and ferries.

Mr. Lanier presented the petition of sundry citizens of Madison county praying the establishment of a separate court of Chancery, or that the circuit courts may be so organized, that the Judges may have sufficient time allowed them to administer justice in Chancery, as well as at common law; which was referred to the committee on the Judiciary.

On motion Ordered, that Mr. Lanier be added to the committee on the Judiciary.

Mr. Wingate obtained leave to introduce a bill to be entitled an act to appoint commissioners to contract for, and superintend the erection of, the public buildings in the county of Wilcox, which was read on three several days was dispensed with, and said bill was read the second time. Ordered, that the same be engrossed and made the order of the day for a third reading on to-morrow.

Mr. Lucas obtained leave to introduce a bill to be entitled an act to extend and enlarge the term of the Circuit court for Franklin county which was read the first time. On motion Ordered, that said bill be referred to the committee on the judiciary to examine and report thereon.

A bill from the House of Representatives, to be entitled an act to form a sixth judicial circuit, and for other purposes therein mentioned, was read the first time. On motion, the rule which requires all bills to be


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read on three several days, was dispensed with, and said bill was read the second time. Ordered, that the same be committed to a committee of the whole house and made the order of the day for to-morrow.

An engrossed bill to be entitled, an act to named the several acts regulating the proceedings in the courts of law and equity in this state, was taken up, read the third time and passed. Ordered, that the secretary notify the House of Representatives thereof and desire their concurrence.

The Senate, according to the order of the day, resolved itself in to a committee of the whole house, on the bill to be entitled, an act to provide for assessing and collecting the taxes of this state, and for other purposes, Mr. McVay in the chair; and after some time spent thereon the committee rose, Mr. President resumed the chair, and Mr. McVay reported, that the committee of the whole had, according to order, had said bill under their consideration, but not having time to go through with the same, had directed him to report progress, and ask leave to sit again; which was granted.

A message from the House of Representatives, by Mr. Philpott, a member thereof:

Mr. President: I am instructed by the House of Representatives to inform your honorable body, that they have read the third time and passed, an act to raise a revenue for the support of government for the year 1822; also, an act to apportion the representatives among the several counties f this state, and to divide the state into senatorial districts according to the late census, at a ratio of 1730 for the representative branch; in which they desire the concurrence of your honorable body.

Mr. Davis presented the petition of sundry citizens of Lawrence county, in behalf of John Easley; which was ordered to lie on the table. On motion the Senate adjourned bill to-morrow morning at 9 o'clock.