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AN ACT

To authorize the administrator of John Turrentine, and the administratrix and administrator of William Lambkin, deceased, to sell certain tracts of land therein designated.

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That Joseph Turrentine, administrator of John Turrentine, deceased late of Morgan County, be, and he is hereby authorized and empowered, to sell at public auction, giving at least thirty days public notice thereof, the north-east quarter, of section number twenty-nine Township number seven, and Range number three, west of the meridian of Huntsville, being and lying in Morgan County; it being the same that the aforesaid John Turrentine, 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 administra-


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tor is 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 deceased 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 the said administrator shall, before the sale of the land herein before authorized to be sold, enter into bond, with sufficent security, payable to the Judge of the County Court and his successors in office, in the county in which such land is situated, for the faithful 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 Rosanna Lambkin administratrix, and Elijah Hogan administrator of the estate of William Lambkin, deceased, be and they are hereby authorized to sell at public auction, a certain tract or parcel of land, belonging to said estate, lying and being in the county of Madison, containing one hundred and sixty acres, purchased by said William Lambkin, of Hartwell Thompson, upon such terms as they may deem most advantageous for the interest of said estate: Provided, that thirty days notice be given of the time of sale, and that the proceeds thereof be applied, first, in the payment of the debts of the said decedent; the balance in legal distribution.

Sec. 5. And be it further enacted, That the said administratrix and administrator, shall, before the sale of the land herein before authorized to be sold, enter into bond with sufficient security, payable to the Judge of the County Court and his successors in office, in the county in which said land is situated conditioned for the faithful distribution of the money arising from the sale of said land.

[Approved, Jan. 1, 1823.]

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AN ACT

For the benefit of Sarah Strother, administratrix of the estate George H. Strother, deceased and to authorize her to sell certain real estate therein named.

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That it shall be the duty of the Judge of the county court of Wilcox county, on or before the tenth day of February next, to appoint three commissioners, whose duty it shall be to divide fractional section, west of the Alabama river, number two, in township number twelve, range six, in the district of lands offered for sale at Cahawba, between Sarah Strother, administratrix of George H. Strother, deceased, and Samuel B. Dickson, according to the purport of an instrument of writing executed by said Samuel B. Dickson, to George H. Strother on the ninth day of August eighteen hundred and nineteen; which division when so made, shall be returned by said commissioners to the term of the county court next succeeding the time of said division; which shall be obligatory on the respective parties.


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Sec. 2. And be it further enacted, That said commissioners shall receive from said parties, one half to be paid by each party, the sum of one dollar each, for their services in making said division.

Sec. 3. And be it further enacted, That when such division is made, the said Sarah may dispose of the interest which the heirs and representatives of said George H. Strother have in said lands, at public sale, at the town of Canton, first giving thirty days notice of the time and place of sale in some newspaper published in the town of Cahawba, and also by advertisement at the court house door of said county of Wilcox: Provided also, that said Sarah Strother, previous to said sale, give bond with approved security to the clerk of the county court of said county, in such penalty as said clerk may deem sufficient, conditioned for the disposal of the proceeds of said sale according to law.

[Approved, Dec. 31, 1822.]

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AN ACT

To authorize the Administrator and Administratrix of John Ellis, to sell and convey certain real estate.

Sect. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That Samuel Gragg, Elizabeth White, administrator and administratrix, of the estate of John Ellis, deceased, be, and they are hereby authorized, to sell the north west quarter of section seven, township five, in range one, east of the basis meridian, in the district of lands sold at Huntsville, belonging to the estate of the said John Ellis, 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 or interest 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 deceased in his life time.

Sec. 3. And be it further enacted, That the said administrator and administratrix, shall, before the sale of said land herein before authorized to be sold, enter into bond with sufficient security, payable to the Judge of the County Court of Lawrence, for the disposition of the money arising from the sale of said land, agreeable to the existing laws respecting the distribution of the personal effects of deceased persons: Provided, at least thirty days previous notice shall be given of the time of said sale, in two or more public places.

[Approved, Dec. 12, 1822.]


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AN ACT

To authorize William Breedlove to sell certain real estate, 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 William Breedlove, administrator of Charles Breedlove, deceased, of Lawrence county, be, and he is hereby authorized to sell at public auction at the court house in Moulton, after having given thirty days notice of the time and place of sale, in writing, posted up at three of the most public places in said county, the southwest quarter of section number four, in township seven and range seven, west, in the district of land sold at Huntsville, which belongs to the estate of said Charles Breedlove, deceased.

Sec. 2 And be it further enacted, That said William Breedlove, administrator of said Charles, is hereby authorized and empowered, on the sale of said land, to make or cause to be made to the purchaser of the same, a conveyance of such title as the said deceased had; which conveyance shall be equally binding as if the same had been made by the said deceased in his lifetime.

Sec. 3. And be it further enacted, That said administrator, 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 of Lawrence county, for the disposition of the money arising from the sale of said land agreeably to the existing laws governing the distribution of personal estate of deceased persons.

Sec. 4. And be it further enacted, That Ransom P. Boswell, executor of John Boswell, deceased, be and he is hereby authorized to sell and transfer all, or any number of the certificates of land owned by said John Boswell, deceased, upon such terms as he may deem most advantageous.

Sec. 5. 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, enter into bond with sufficient security, payable to the chief justice of Conecuh 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.

Sec. 6. And be it further enacted, That Thomas Hooks, executor of Nicholas Smith, deceased, be, and he is hereby authorized to sell and convey all or any number of the certificates of land belonging to said decedent, upon complying with the provisions contained in the fourth section of this act.

[Approved, Jan. 1, 1823.]


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AN ACT

To authorize the Administrators of John Lucas, and the Administrators of John Waugh, deceased to sell real estate.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That Walter B. Lucas and Henry Lucas, administrators of the estate of John Lucas, deceased, be, and they are hereby, authorized to sell the certificates of all land purchased by said John Lucas, in the state of Alabama, of the United States, during his lifetime, on such terms as they may think most advantageous to the heirs and creditors of said deceased; taking bond with sufficient security for the true and faithful payment of the consideration.

Sec. 2. And be it further enacted, That Robert C. Morrison and William Waugh, administrators of the estates of John Waugh, deceased, be, and they are hereby, authorized to sell the certificate of the northeast and northwest quarters of section thirty-one, township eighteen, and range ten, being the real estate of said deceased, on such terms as they may think most advantageous, taking bond with sufficient security for the true and faithful payment of the consideration.

Sec. 3. And be it further enacted, That the said administrators be, and they are hereby authorized on the sale of such certificates, to make or cause to be made to the purchaser or purchasers, a legal transfer of the same.

Sec. 4. And be it further enacted, That the said administrators shall, before the sale of said lands, enter into bone with sufficient security, payable to the judge of the county courts of their respective counties, for the disposition of the money arising from the sale of said certificates, agreeably to the existing laws regulating the distribution of the personal effects of deceased persons.

Sec. 5. And be it further enacted, That the said administrators shall not sell said lands otherwise than a public sale after giving at least thirty days previous notice of such sale in some public newspaper in the state, and by advertisement stuck up at the court houses of their respective counties, for the like time of thirty days.

[Approved, Dec. 31, 1822.]

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AN ACT

Authorizing the legal Representatives of Robert H. Draughon, deceased, to dispose of certain real Estate therein named.

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the legal representatives of Robert H. Draughon, deceased, be, and he is hereby, authorized to sell and dispose of all or any part of the real estate of the said Robert H. Draughon, within this state, upon such terms as he may deem most advantageous.

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Sec. 2. And be it further enacted, That the said legal representative, upon the sale of all or any part of the real estate, shall have power to make as complete titles in law, as the deceased could have made during his lifetime: Provided, the said legal representative, before the sale of all or any part of the real estate aforesaid, shall enter into bond with sufficient security; payable to the chief justice of the county court of Monroe county, and his successors of office, 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, Jan. 1, 1823.]

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AN ACT

Authorizing John R. B. Eldridge to sell certain slaves therein designated.

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That John R. B. Eldridge, guardian for the orphan infants of Robert Commons, deceased, late of Madison county, be, and he is hereby authorized and empowered to sell a certain Mulatto slave named Ned, belonging to the infants of the aforesaid deceased, under such restrictions as are herein after prescribed.

Sec. 2. And be it further enacted, That before the said guardian proceeds to sell the said slave Ned, he shall enter into a bond to the Judge of the county court of Madison, in the penal sum of one thousand dollars with one or more approved securities, conditioned faithfully to comply with the requisitions of this act; and it shall be the duty of the said guardian, to advertise at some public place, giving at least thirty days notice of the time and terms on which said slave shall be sold: and it shall further be his duty to vest the proceeds thereof in a slave or slaves of equal value for the benefit of said orphans.

Sec. 3. And it be further enacted, That John R. B. Eldridge, administrator of Peyton Cox, deceased, late of Franklin county, be, and he is hereby, authorized to sell a negro man slave named Sam, the property of the estate of the afore named Peyton Cox, deceased, under such regulations and restrictions as are hereinafter prescribed.

Sec. 4. And be it further enacted, That before the said administrator proceeds to sell the said slave Sam, he shall enter into a bond to the Judge of the county court of Franklin, in the penal sum of one thousand dollars with one or more approved securities, conditioned faithfully to comply with the requisitions of this act; and it shall be the duty of said administrator to advertise at some public place, giving at least thirty days notice of the time and terms in which said slave shall be sold: and it shall further be his


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duty to vest the proceeds thereof in a slave or slaves of equal value for the benefit of the estate of said deceased.

Sec. 5. And be it further enacted, That this act shall be so construed as to leave it optionary with the aforesaid John R. B. Eldridge, to sell the slaves aforenamed, on a credit not exceeding twelve months of less; and also to vest the proceeds thereof in twelve months, or less, after it is received: and the said John R. B. Eldridge is hereby empowered and authorized to convey to the purchasers of said slaves, all and such title the decedents had, which shall be valid and binding in law, as if made by the decedents in their life time.

[Approved, Dec. 30, 1822.]

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AN ACT

Authorizing the administrators of the estate of William Nelson, deceased, to sell certain lands therein named.

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That Jane Nelson, administratrix, and Ralph Nelson, administrator, of William Nelson, deceased, of Limestone county, be, and they are hereby, authorized to sell the southeast quarter of section number thirty-three in township four, and range five, west of the basis meridian of Huntsville, of which the said William died, seized and possessed, on such terms as they may think most advantageous, taking bond with good and sufficient security for the true and faithful payment of the purchase money.

Sec. 2. And be it further enacted, That the said administrators be, and they are hereby authorized, on the sale of said land, to make to the purchaser or purchasers a legal transfer or deed to the same, which transfer or deed shall be equally as binding as if the same had been made by the deceased in his lifetime.

Sec. 3. And be it further enacted, That the said administrators, shall, before the sale of the land herein before authorized to be sold, enter into bond with good and sufficient security, payable to the Judge of the County Court of Limestone, and his successors in office, in double the amount for which it is supposed the land will sell for, conditioned for the faithfully administering the proceeds of the said sale, agreeably to the laws which now govern the distribution of the personal estate of a deceased person: Provided, that the said administrators shall give thirty days notice in two or more public places, of the time of sale.

[Approved, Dec. 12th 1822.]

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AN ACT

Changing the name of Big-Spring in Franklin County.

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the name of the town of Big Spring in Franklin county, be changed to that of Tuscumbia.

[Approved, Dec. 31, 1822.]


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AN ACT

To provide for the payment of the compensation allowed by law to the Commissioners appointed to lease the lands belonging to the University of Alabama.

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the sum of eight hundred dollars or so much thereof as may be necessary, be, and the same is hereby, appropriated out of the monies in the Treasury arising from the lease of the lands of the University of Alabama, to be paid to the several Commissioners appointed to lease the said lands, according to the provision heretofore made by law for their compensation, and to be drawn by a warrant from the Comptroller on the Treasury of the State, in favour of the said Commissioners: and should the said monies be paid over to the Trustees of the University, or to their Treasurer, then and in that case, the Comptroller is hereby authorized and required, to issue his warrant for the amount of said compensation, directed to the said Trustees or to their Treasurer, in favour of the said Commissioners, respectively, which shall be paid out of the funds arising from the lease as aforesaid, of the said University lands.

[Approved, Dec. 31, 1822.]

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AN ACT

Granting to John Fowler the right of running a Steam Ferryboat, and a Row-boat or Sail-boat, between the City of Mobile and the Town of Blakeley.

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That it shall be lawful for John Fowler, of the town of Blakeley, and his assigns respectively, to set up, keep, maintain, and run a Steam Ferryboat, between the city of Mobile and the town of Blakeley, in this state, for and during the term of five years, to be completed from the first day of January next; and the said Steam Ferryboat shall be capable of carrying six horses, and shall be ready at all times, excepting the month of July, August and September, in each and every year, to transport and ferry from one to the other of the aforesaid places, persons, carriages, horses and goods and chattels.

Sec. 2. And be it further enacted, That during the months of July, August and September, in each and every years, during the term of five years, it shall be lawful for the said John Fowler, and his assigns, respectively, to run either a Steamboat, Row-boat, or Sail-boat; which shall be ready at all times during the said months of July, August and September; and said boats shall be suitable for the conveyance of persons, carriages, horses and goods and chattels.


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Sec. 3. And be it further enacted, That the Judge of the County Court and Commissioners of Revenue and Roads, of Mobile County, may and shall require of the said John Fowler, a bond, with a suitable penalty, and two good and sufficient securities for the faithful performance of the requisitions of this act; and the said County Court and Commissioners of Revenue and Roads shall annually order, direct and determine, the several rates of ferriages, and the several hours in each day, that the said Steam Ferryboat, and the said Row-boat or Sail-boat, shall be in readiness for the purposes aforesaid.

Sec. 4. And be it further enacted, That if the said Fowler, or his assigns, or any person or ferryman employed by him, shall exact, take or receive any greater or higher rates for transporting any person or persons, horses or carriages, goods or things whatsoever, than shall be by the Judge of the County Court and Commissioners of Revenue and Roads aforesaid, limited and established, he or they so offending shall forfeit and pay for every such offence, the sum of one hundred dollars, with costs of suit, to be recovered before any Court having jurisdiction aforesaid, by any person who shall sue for the same; which forfeiture when collected shall be paid into the County Treasury.

Sec. 5. And be it further enacted, That if any person or persons, shall, after the first day of January next, transport, or carry over for pay or hire, from the city of Mobile or the town of Blakely, to either of those places as aforesaid, any person or persons, horses or carriages, other than the said John Fowler, or his assigns, such person or persons, shall for every such offence, forfeit and pay the sum of ten dollars, to be recovered as aforesaid, and applied as aforesaid: Provided always, that nothing in this act shall be so construed as to exclude any person or persons, from the right of carrying any person or persons, goods or chattels, free of ferriage, no charge in such case being made either directly or indirectly, by the party so transporting any person or persons, goods or chattels, themselves, their goods and chattels, in their own boats free of ferriage.

Sec. 6. And be it further enacted, That if any person or persons, shall suffer any loss or damage in their property or persons, by reason of the neglect of wilful misconduct of the said John Fowler, or his assigns, or ferryman or person employed by him, the said John Fowler, or his assigns, shall be liable to an action by the party aggrieved.

Sec. 7. And be it further enacted, That if it shall be made to appear to the County Court of Mobile County, that the


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said John Fowler, or his assigns, shall neglect or refuse to comply with the requisitions of this act, it shall and may be lawful for the County Court aforesaid, to declare all the rights and privileges herein granted to be forfeited.

[Approved, Dec. 26, 1822.]