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RESOLUTIONS extending time to John Byler and his associates to open and finish a road therein named.

Resolved, by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That John Byler and his associates, be allowed until the first day of November next, to open and finish the road known as Byler’s turnpike road, agreeably to a act passed at Cahawba the sixteenth day of June, eighteen hundred and twenty one, entitled an act to amend an act passed at Huntsville, December the sixteenth, eighteen hundred and nineteen, entitled to an act to establish a public road therein named: Provided, that the said John Byler and his associates shall receive no toll from any person who may travel road, until three commissioners, to be appointed by the county court of Lawrence county on the application of said Byler and his associates, shall view said road and report to said court, that the same is completed agreeably to the requisitions of the act authorizing its establishment; and provided further, that the commissioners appointed as aforesaid shall each on the performance of the service hereby required of them, be entitled to receive the sum of three dollars per day for every day they were employed in it, to be paid by the said Byler and his associates; And provided also, that if the said commissioners appointed as aforesaid shall fail, for the space of three months after they have received from said Byler and his associates notice of their appointment, to perform the service aforesaid, the said Byler and his associates may thereafter receive the same toll, to which they would be entitled on the report of the said commissioners that said road was completed: — Provided, that said Byler and his associates, shall have made good and sufficient causeways on all the soft ground, and shall have made the said road at least twelve feet wide, clear of stumps and roots.

And be it further resolved, by the authority aforesaid, That the said John Byler and his associates be, and they are hereby authorized to demand and receive half the rates of toll allowed by the act to which this resolution is intended to amend until the first day of November next, any thing in this resolution to the contrary notwithstanding; and provided further, that it shall not be lawful for said Byler and his associates, to erect a toll gate on any part of said road, which may run with a road which may be granted by the present legislature, to Joseph Burleson of Marion county.

[Approved, Dec. 28, 1822.]

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RESOLUTIONS authorizing commissioners to establish a road, leading from the city of Mobile to the line of the state of Mississippi, and for other purposes.

Whereas, it is represented that the establishment of a public road, leading from the city of Mobile to the line of the state of Mississippi, and from thence to Ford’s on Pearl river, in the state of Mississippi, would be of great importance and public utility, thereby lessening the distance about one hundred miles from the present route, which themself and travellers to and from the city of New Orleans, are now compelled to pass, by


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the way of the city of Mobile and the town of Blakeley, to and from the northern and eastern cities in the United States.

Sec. 1. Be it therefore resolved by the Senate and House of Representatives of the State of Alabama, in general assembly convened, That Nicholas Pope, Christopher Heartt, Henry Gunnison, George Holt, Thomas G. Newbold, be, and they are hereby appointed commissioners, or a majority of them, to view, mark out and establish a road, leading from the city of Mobile in the county of Mobile to the line of the state of Mississippi, in the most direct and practicable route to intersect a road leading from thence to New Orleans; and the commissioners aforesaid, are authorized to open said road by voluntary subscriptions.

Sec. 2. And be it further resolved, That when the road shall be opened, it shall be the duty of the above commissioners or a majority of the, to report their proceedings to the county court of Mobile county; and that the road as aforesaid shall afterwards be considered a public highway, and that any person who shall fence, up, fell trees, or otherwise obstruct the same, shall be subject to all fines, forfeitures and penalties as are made and provided for by the laws of this state; Provided, that the said Commissioners shall received no pay from the state treasury.

Sec. 3. And be it further resolved, That his Excellency the Governor, be requested to forward a copy of the foregoing resolutions to his Excellency the Governor of the state of Mississippi, inviting the co-operation of that state, to extend the road as aforesaid, to Ford's on Pearl river.

Sec. 4. And be it further resolved, That Thomas Williams and William Calvert of Tuskaloosa county; Isaac Johnson and James Dunlap, of Shelby county, be, and are hereby appointed Commissioners, in lieu of the Commissioners appointed by an act passed at the last session of the Legislature, to lay out and mark a road therein designated.

Sec. 5. And be it further resolved, That the Commissioners hereby appointed, shall each receive as compensation for their services, respectively, one dollars per day, to be paid out of the county treasuries thereof, so soon as they may make a satisfactory report to the County Courts of their respective counties, that they have performed the duties assigned them; and on the report as aforesaid, the County Courts aforesaid shall apportion a sufficiently of hands to cut out the same, taking those most convenient to the different sections of the said road: Provided, that the hands shall not be required to work beyond the limits of their respective counties.

[Approved, Dec. 31, 1822.]

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RESOLUTION for the relief of John A. Elmore.

Resolved by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That John A. Elmore be allowed to keep up gates on each side of the Coosa river, across the public road leading from Line creek to Pine flat and Bibb county: Provided, That said gates be not locked or so fastened as to prevent passengers from going through said gates at any time.

[Approved, Dec. 31, 1822.]


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RESOLUTIONS relative to the dividing line between this State, and the state of Georgia.

Whereas the dividing line between this state and the same of Georgia, never having been run in conformity to the articles of agreement and cession entered into the twenty fourth day of April, eighteen hundred and two, between the commissioners of the state of Georgia on the one part, and the commissioners of the United States on the other pat, from the mouth of Uchee creek on the Chattachoochee river, thence in a direct line to Nickajack on the Tennessee river; and as it is now in contemplation to hold a treaty for the acquisition of lands from the Indians, which mush bound upon said line, and it is highly important to the two states, for various considerations, that the said line should no longer remain undefined by the present marks; and this Legislature being of the opinion, that said articles of agreement and cession render it obligatory on the United States, to cause said line to be run as early as possible.

Sect. 1. Be it resolved by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That, the Governor be requested to take as speedy measures as possible to present the subject to the President of the United States, and to bring the same before Congress if necessary, for the purpose of procuring said line to be run as early as possible.

Sec. 2. And be it further resolved, That there shall be appointed by joint vote of both houses of the General Assembly, two commissioners, one of whom shall be an artist to accompany such person or persons as may be appointed on the part of the United States to run said line.

Sec. 3. And be it further resolved, That the Governor of this state communicate the above resolutions to the Executive of the state of Georgia, and solicit the concurrence of that state to the same.

[Approved, Jan. 1, 1823.]

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A RESOLUTION requiring the Tax Collector of Madison county to pay into the Planters' Merchants' Bank of Huntsville, a certain sum, when directed by the Comptroller, to do so.

Resolved by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the tax collector of Madison county for the year eighteen hundred and twenty two, be, and he is hereby authorized and required to pay into the Planters' and Merchant's Bank at Huntsville, such sum of money, as he may be directed by the Comptroller, for the purpose of completing the payment of the balance due from this state to said Bank.

[Approved, Jan. 1, 1823.]

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RESOLUTION requesting the Governor to procure a correct Map of this state.

Resolved by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the Governor be requested to procure for the use of the General Assembly of this state, of General Coffee, surveyor General of the United State, for the Alabama District, or from any other correct source in his power, a Map, of this state, marking the County lines, principal Water courses, Roads, principal Towns, &c.

[Approved, Dec. 31, 1822.]


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RESOLUTION for the relief of Matthew D. Thomason.

Resolved, by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the Commissioners of the reserved lands adjoining the town of Cahawba, be, and there are hereby, authorized and required to settle with and pay to Matthew D. Thomason four hundred dollars, being the amount set apart and appropriation for the purpose of digging down the banks and making a landing opposite the ferry on the Alabama river, belonging to the state; and that the said Matthew D. Thomason be and he is hereby released from the operation of a bond given by him and William W. Gary in the penal sum of six hundred and thirty-eight dollars conditioned for the faithful performance of the above named work.

[Approved, Jan. 1, 1823.]

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A RESOLUTION to provide for the safe-keeping of the State House and public furniture.

Resolved by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the state house and furniture of every description belonging to the same, be committed to the care of such person as may be appointed by the Secretary of State, who shall be required to execute his receipt to the Secretary of State, for all the property which may be committed to his care with a description of the situation and order of the same; and the said person is hereby required to surrender the same on the first day of the next session of the General Assembly, in the same order and condition in which he may have received them.

And be it further resolved, That the sum of -------- dollars be, and the same is hereby, allowed the said person for his services as aforesaid: Provided, it shall be the duty of the Door-keekers of the two houses to deposite the whole of the furniture in the Senate and chamber and deliver the key to the Secretary of State.

[Approved, Jan. 1, 1823.]

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RESOLUTION defining more particularly the boundary lines of certain Counties therein mentioned, and for other purposes.

Sec. 1. Be it resolved by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That all that tract of country lying west of the county of Blount, south of the southern boundary line of township eight, and north of the southern boundary line of township twelve, west of the meridian line from Huntsville, shall be added to, and form a part of the county of Marion.

Sec. 2. And be it further resolved, That all that tract of country lying south of the aforesaid southern boundary line of township twelve, not at this time included within the counties of Marion, Blount, Jefferson, and Pickens, lying north of Tuskaloosa county, shall be added to, and form a part of the county of Tuskaloosa.

Sec. 3. And be it further resolved, That for the convenience of the inhabitants, residing within the last named tract of country, there shall be an additional election precinct established at the house of Peter Baker, on Lost Creek.

[Approved, Jan. 1, 1823.]


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RESOLUTION, for the relief of Anderson Crenshaw.

Whereas, Anderson Crenshaw, hath failed to avail himself of the benefit of an act of the last session of the Legislature, passed for the relief of the first purchasers of lots in the town of Cahawba; Therefore, Be it Resolved by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That Anderson Crenshaw be entitled to a discount of fifty per cent. on the balance due on a lot owned by him at the passage of this act, and which was purchased at the first sale of lots in the town of Cahawba; Provided, he make full payment for the same, on or before the first day of January next; and that on making such payment, he be entitled to a patent for said lot.

[Approved, Dec. 28, 1822.]

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RESOLUTIONS, concerning purchasers of lots in Cahawba.

Whereas sundry proprietors of lots, purchased at the first sale of lots in the town of Cahawba, who obtained on extension of credit thereon, according to the provisions of an act of the last session, for the relief of such persons, have failed to pay the first instalments thereon, by the first of December, eighteen hundred and twenty two, as required by said Act, Therefore: Resolved by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That all such purchasers of legal holders of lot certificates as above described, be permitted at any time, on or before the twentieth day of May, to pay the first instalments thereon, and receive the discount of twenty-five per cent, in the same manner as if said payments had been made on the said first day of December, eighteen hundred and twenty two.

[Approved, Dec. 31, 1822]

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RESOLUTIONS instructing our Senators and requesting our Representative in Congress, to procure the passage of a law imposing a tonnage duty on all vessels coming into the Ports of Mobile and Blakely.

Resolved, by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That our Senators in Congress be instructed, and our Representative requested, to use their best exertions to get a law passed laying a tonnage on all vessels coming into the ports of Mobile and Blakeley, for the benefit of sick and disabled seamen, and such as are now in force in the port of Charleston and Savannah.

And be it further resolved, That His Excellency the Governor be requested, to forward a copy of the foregoing resolution, to each of our Senators and our Representative in Congress.

[Approved, Dec. 31, 1822.]

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RESOLUTION concerning the manuscript Digest of the Statutes of this State.

Resolved by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the secretary of State be authorized and required, to receive and keep the manuscript copy of the statute laws of this state, digested and preparted by Harry Toulmin, Esq. until the same shall be demanded by the Governor of this state, or by some person duly authorized by him, to receive the same.

[Approved, Jan. 1. 1823.]


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RESOLUTIONS to repeal a Resolution allowing to the Comptroller two hundred and fifty dollars in addition to his present salary, passed at the last session of the General Assembly.

Resolved by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the resolution entered into, and which was approved December the seventeenth, eighteen hundred and twenty-one, allowing the Comptroller of public accounts the additional sum of two hundred and fifty dollars, be and the same is hereby repealed.

And be it further resolved, That the foregoing resolution shall not be so construed as to repeal the appropriation allowed for the year past, but to operate for the future.

[Approved, Dec. 31, 1822.]

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RESOLUTIONS concerning the loan from the Tombeckbe Bank.

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, authorized to continue the loan already made from the Tombeckbe Bank, the ensuing year, to aid the credit of the Treasury notes, on the same terms and conditions as heretobefore prescribed by law; and that the sum of one hundred and fifty dollars be appropriated to pay the interest accrued on said loan of the first day of January next.

And be it further Resolved, That when the said loan shall be effected, one half thereof shall be deposited in the State Treasury.

[Approved, Dec. 31, 1822]

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Secretary of State’s Office, Cahawba, Feb. 1, 1823.

It is hereby certified that the foregoing Acts and Resolutions are correct copies, collated with, and corrected by, the original rolls deposited in this Office.

JAMES J. PLEASANTS,

Secretary of State

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