Thursday, December 6, 1821.

The Senate met pursuant to adjournment.

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

Mr. President, I am instructed by the House of Representatives, to inform your honorable body, that his Excellency has returned to that House, an act to incorporate the Murder creek Navigation Company; suggesting an obvious defect therein, that the House of Representatives have reconsidered the vote on the passage and third reading of said bill have amended the same, read a third time and passed it; in which passage they desire the concurrence of your honorable body.

Mr. Conner obtained leave to record his name in favor of the passage of the bill to be entitled an act authorizing the sale of the College Lands, and for other purposes.

Mr. Wingate presented the petition of M. J. Kenan, praying to be released from the payment of the rent of a certain tract of land therein named; which was read, and on motion, referred to a select committee. Whereupon, Messrs. Wingate Dennis, and May were appointed said committee.

Mr. Wingate, also presented the petition of Charles Thaxter; which was read, and on motion referred to the committee on claims.

Mr. Wingate, also presented the petition of a number of the citizens of Wilcox county, praying an alteration in the boundaries of said county. Ordered, that said petition be referred to the committee on county boundaries.

Mr. Rose moved to reconsider the vote of the Senate, ordering the bill to be entitled an act to give fees to physicians in certain cases therein mentioned, and to appoint out the mode of recovering their debts for services rendered to be indefinitely postponed, and on the question being put, it was decided in the affirmative.

Mr. McVay moved to strike out all of the said bill after the enacting clause, and on the question being put it was decided in the affirmative. Mr. McVay then moved to insert in lieu of the words stricken out the following, "That on the trial of all suits brought by any physician or physicians, against whom any person or persons whatsoever for the recovery of money for services rendered, the Court before which the action is brought shall have power and authority, and it is hereby required, to order such physician or physicians to pay the costs of suit whenever it shall be made appear to the satisfaction of the court before which the action is brought that the account or demand of such physician or physicians for services rendered is unjust or unreasonable.

Mr. Casey moved, to strike out the words "any physician or physicians against"; and on the question being put it was decided in the negative: yeas 10, nays 11.


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

Messrs. Casey, Davis, Deveraux, Elliott, Garth, Garth, Lanier, May, Trotter, & Ware.

Those who voted in the negative, are

Mr. President, Conner, Chambers, Dennis, Gaines, Hanby, Hogg, Lucas, McVay, Ross, and Wingate.

Mr. Garth moved, to amend said amendment by inserting after the words "physician or physicians," the words "or any other person or persons;" on the question being put, it was decided in the affirmative. The question was then put on the adoption of said amendment and decided in the affirmative; Ordered, that said bill be engrossed and made the order of the day for a third reading on tomorrow.

Mr. Garth agreeably to notice, asked for and obtained leave to introduce a bill to be entitled an act paying witnesses 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 tomorrow.

Mr. Lucas offered the following resolution: Resolved, that a committee be appointed on the part of the Senate, to confer with such committee as may be appointed on the part of the House of Representatives, to examine the amount of printing for the state, for the political year 1820-21, and to report by bill or otherwise. Whereupon, Messrs. Lucas, Chambers, and Hogg, were appointed on the part of the Senate. Ordered, that the Secretary notify the House of Representatives thereof, and desire their concurrence.

A bill from the House of Representatives, to be entitled an act to establish a public road therein named, and for other purposes, was read the third time and passed. Ordered, that the Secretary inform the House of Representatives thereof.

An engrossed bill to be entitled an act to authorize Peter Ross to establish a toll bridge across Big Mulberry creek, between the counties of Dallas and Autauga, was read the third time. Mr. Rose, moved to fill the first blank in said bill with "twenty-five," the second with "thirty-seven and a half," the third with "twelve and a half," the fourth with "six and one fourth," the fifth with "six and one fourth," the sixth with "two," and the seventh with "one cent," and on the question being put, it was decided in the affirmative. The question was then put, "shall this bill pass?" and decided in the affirmative. Yeas 16, nays 5. The yeas & nays being called for, Those who voted in the affirmative, are

Mr. President, Conner, Chambers, Davis, Deveraux, Dennis, Elliott, Gause, Gaines, Hanby, Hogg, Lucas, May Rose, Ware and Wingate--- 16.

Those who voted in the negative, are

Messrs. Casey, Garth, Lanier, McVay and Trotter-- 5.

Ordered, that the title of said bill be as aforesaid, and that the same be sent to the House of Representatives for their concurrence.

A bill from the House of Representatives to be entitled, an act to authorize Elisha Thomas, Davis Gurty, and their associated, to turnpike a road therein named, was read the second time. Ordered, that said bill be committed to a committee of the whole house and made the order of the day for to morrow.


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A bill from the House of Representatives, to be entitled, an act to incorporate the town of Vernon in the county of Autauga, was read the second time. Ordered, that said bill be made the order of the day for a third reading on to-morrow.

A bill from the House of Representatives, to be entitled, an act to establish an academy in the town of Sparta, and for other purposes, was read the second time. Ordered, that said bill be made the order of the day for a third reading on to-morrow.

A bill to be entitled, an act for the relief of Henry V. Chamberlain, was ordered to lie on the table.

A bill to be entitled, an act to authorize the county of Butler county to compensate certain commissioners therein named, was read the second time. Ordered, that said bill be committed to a committee of the whole house, and made the order of the day for to-morrow.

Mr. Casey moved to reconsider the vote of the Senate on the third reading and passage of the bill to be entitled, an act to incorporate the murder creek navigation company; and on the question being put, it was resolved in the affirmative. Ordered, that said bill lie on the table for the present.

Mr. Gause, from the committee on enrolled bills, reported, that said committee had examined the following acts and found the same duly enrolled, to wit: an act to fix the time for convening the general assembly of the state of Alabama; an act legalizing the sales of certain lands and lots therein named, and for other purposes; an act to alter and amend the militia laws of this state; all of which were accordingly signed by Mr. President.

On motion the Senate adjourned till tomorrow morning at 9 o'clock.