Friday, November 29, 1822.

The House met pursuant to adjournment.

Mr. Harris of Wilcox, presented the petition of sundry inhabitants of said county, praying the establishment of a road therein named; which was read and referred to the committee on Roads, bridges, Ferries &c.

Mr. Rather presented the petition of Alfred Daudy, Jailer of Morgan county, praying compensation for victualling Samuel McKinney, a prisoner; which was received and referred to the committee on accounts.

Mr. Terrell presented the petition of Robert Coyle, praying compensation for transporting one John Lovin charged with murder, from Mobile to Franklin county; which was received and referred to the committee on Propositions and Grievances.

Mr. Edmondson, from the Committee on Propositions and Grievances, to whom was referred the petition of sundry people, praying relief on purchases of lots in the town of Cahawba, reported

A bill, to be entitled “An act for the relief of purchasers of lots at the first sales in the town of Cahawba;” which was read a first time and ordered to be read a second time to-morrow.

Mr. Mead, from the committee on Roads, Bridges, Ferries, &c. to whom was referred a bill, to be entitled “an act to authorize David Peobles, to continue a toll bridge on Escambia Creek,” reported the said bill with amendments.

Ordered, That the House concur in said report.

Ordered, That said bill be engrossed for a third reading on Monday next.


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Mr. Weissinger, from the select committee, to whom was referred a resolution of this House requiring them to inquire into the expediency of suppressing the evil practice of fire hunting, reported

A bill, to be entitled “an act to suppress the evil and pernicious practice of fire hunting;” which was read a first time and ordered to be read a second time to-morrow.

Mr. McClung, from the select committee, to whom was referred the petion of the Huntsville Fire Engine Company, reported a bill, to be entitled "an act to incorporate the Huntsville Fire Engine Company;” which was read a first time, and ordered to be read a second time to-morrow.

Mr. Morton, from the select committee, to whom was referred the petition of Divid White;” reported

A bill, to be entitled “an act for the relief of David White:” which was read a first time: and the rule which requires bills to be read on three several days, being dispensed with, it was read a second time forthwith; and the rule being further dispensed with, it was read a third time and passed.

Ordered, That the title be changed from that of “a bill,” to that of “an act.”

Ordered, That the same be sent to the Senate for their concurrence.

A message was received from the Senate, by Mr. Lyon, their secretary informing that they have read a third time and passed, bills of the following titles, to wit:

“An act authorizing Augustus Baudry to emancipate a certain slave therein named.”

“An act to repeal in part, an act entitled an act supplementary to an act, entitled an act to incorporate the city of Mobile, passed the seventeenth December 1819;” and,

“A resolution regulating the pay of Brevet Brigadier General Dale;”

In which they desire the concurrence of this House.

Mr. Oliver, from the select committee, to whom was referred a bill, to be entitled “an act to organize the counties of Covington and Pike and for other purposes,” reported the same without amendment.

Ordered, That the same be engrossed for a third reading to-morrow.

Mr. Gayle, from the select committee, to whom was referred a bill, to be entitled “an act the better to secure debts upon Writs of Error,” reported the same with amendments, in which the House concurred.

Ordered, That the said bill be engrossed for a third reading to-morrow.

A bill, to be entitled “An act for the trial of the right of property under execution or attachment and claimed by a person not a party to the suit,” was read a second time, and referred to a select committee, consisting of Messrs. Rather, Adams, and Shortridge.

On motion of Mr. Rutherford, the House resolved itself into a committee of the whole House on the bill, to be entitled “an act to confine the Justices of the Peace to their respective beats, and allowing them the intervention of a Jury;” and, after some time spent therein, the speaker resumed the chair, and Mr Rutherford reported the said bill as amended by striking out the first section, which is in these words.

“Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That from and after the passing of this act, the Justices of the Peace, appointed in each captain's beat, shall have authority and jurisdiction to hear and determine all suits


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on any liquidated demand, or account for any sums of money not exceeding fifty dollars by summons or warrant: Provided, no justice of the peace shall be permitted to issue his summons or warrant, against any person residing without the limits of his district: and the said justices are hereby authorized and empowered to give judgment and award execution thereupon: Provided nevertheless, that either party being dissatisfied shall be allowed an appeal from said judgment on payment of costs, and giving security for the eventual condemnation money, within three days after judgment.”

The question was then taken upon the concurrence in said amendment, and decided in the affirmative.

Ayes         33               Nays                  23.

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

Mr. Speaker

Edmondson

Hunt

Morton

Sanders

      Adair

Farrar

Hallett

Martin

Thompson

      Barclay

Fearn

Hill

McClung

Winston

      Browne

Gayle

Jackson

Norwood

Williams

      Clay

Hunter of T.

Leake

Oliver

Young-33

      Dulaney

Hunter of C.

Merriwether

Pope

      Durrett

Hubbard

Montgomery

Shortridge

Those who voted in the negative, are,

Mr. Abercrombie

Davis

Harris of W.

Mead

Taylor

      Adams

Fitzpatrick

Hardwicke

Rutherford

Terrell

      Bailey

Fitz

Harvey

Reviere

Weissinger-23

      Crenshaw

Ford

Jones

Rather

      Coleman

Harris of B.

Kennedy

Skinner

On motion of Mr. Gayle, Ordered, that the further consideration of said bill be indefinitely postponed.

On motion of Mr. Davis, Resolved, that the judiciary committee be instructed to inquire into the expediency of providing by law for extending the time, requiring a scire facias to issue on judgments at the expiration of twelve months; also the expediency of providing some uniform time when executions shall be a lien on property and not to expire.

Mr. Adams, obtained leave to introduce a bill to be entitled “an act for the more correct distribution of the journals of the General Assembly of this State;” which was read a first time, and ordered for a second reading to-morrow.

A bill to be entitled “an act to authorize the administrators of John Turrentine, and the administrators of William Lambkin, deceased, to sell certain lands therein designated,” was read a second time.

Mr. Jackson moved that the further consideration of said bill be indefinitely postponed.

And then the House adjourned till 3 o'clock this evening.

Evening Session.

An engrossed bill, to be entitled “an act concerning Millers,” was read a third time and passed.

Ordered, That the title be changed from that of “a bill” to that of “an act.”

Ordered, That the same be sent to the senate for their concurrence.

A communication was received from the Governor, by Mr. Pleasants, Secretary of State; and which communication is in the following words.

Executive Department, November 29th, 1822.

Gentlemen of the Senate and of the House of Representatives:

I have received the resignation of Thomas Murray Esquire, as Judge


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of the county court of Mobile county; leaving a vacancy to be filled by the General Assembly. I have the honor to be, Your most obt. servt.

ISRAEL PICKENS.

A bill to be entitled “an act for the relief of persons engaged in farming &c.” was read a second time, amended, and ordered to be engrossed for a third reading to morrow.

A bill to be entitled “an act to authorize the sales of the public lands adjoining the town of Cahawba,” was read a second time.

Ordered, That the said bill lie on the table.

A bill to be entitled “an act to continue in force and amend” an act entitled an act to repeal in part and amend an act entitled “an act to regulate the proceedings in the courts of law and equity in this State,” was read a second time, and referred to a select committee, consisting of Messrs Adair, Crenshaw and McClung.

Bills from the Senate, of the following titles, to wit: “An act to authorize the administrator of John Dickson deceased, to sell and transfer certain real estate:” “an act to change the name of and legitimate a certain person therein named.”

“An act to authorize John Chandler administrator of N. L. Hayden, deceased, and Edward Conway, administrator of Joseph Withers, deceased to sell real estate,” were severally read a second time and ordered to be read a third time to morrow.

A bill, to be entitled “an act concerning judicial proceedings,” was read a second time, and referred to the Judiciary committee.

An engrossed bill, entitled “an act to extend the time for collecting the tax, and making returns to the person therein named,” was read a third time.

On motion of Mr. Williams, Ordered that the further consideration of said bill, be postponed till the second Monday in December next.

Bill and a Resolution from the Senate of the following titles, to wit:

“An act to repeal in part, and amend an act, supplementary to an act entitled an act, to incorporate the city of Mobile, passed the 17th Nov. 1819:”

“An act authorizing Augustus Baudry to emancipate a certain slave therein named;” and Resolution regulating the pay of Brevet Brigadier General Dale,- were severally read a first time, and ordered to be read a second time, to-morrow.

Mr. Mead from the committee on Roads, Bridges, Ferries &c. to whom was referred the petition of S. B. Shields, reported A bill to be entitled “an act to vest in Samuel B. Shields his heirs and assigns, the exclusive right to a Ferry on the Tombeckbe river, in the county of Clarke, at or near the town of Jackson in said county;” which was read a first time, and ordered to be read a second time to morrow.

Mr. Crenshaw obtained leave to introduce the following bills, to wit: A bill to be entitled “an act authorizing the agents of the State University to dispose of lands in the manner therein prescribed” and

A bill to be entitled “an act authorizing the legal representatives of Robert H. Draughan to dispose of certain real estate therein named;” which were severally read a first time, and ordered to be read a second to-morrow.

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Mr. Crenshaw laid before the House “the report of the commissioners of the reserved lands in the town of Cahawba.”

Ordered that said report be referred to the committee on Accounts.

On motion of Mr. Harris of Wilcox, Resolved that the Judiciary committee be instructed to inquire into the expediency of changing the present mode of electing Justices of the Peace in this State and that they report by bill or otherwise. And then the House adjourned.