Wednesday, December 11, 1822.

The senate met pursuant to adjournment.

Mr. Sullivan presented the petition of sundry lessees of college lands in Perry county; which was read and referred to the committee on schools and colleges and school and college lands.

Mr. McVay, from the committee on privileges and elections, to whom was referred the memorial of William Wingate, made the following report: ‘The committee of privileges and elections, to whom was referred the petition of William Wingate, Esq. praying that the General Assembly would take his case into their consideration, and decide whether he is or is not entitled to a seat in the Senate, instead of John Murphy, Esq. returned as a senator from Monroe county, beg leave to report, that they have had the said petition, with its accompanying documents, together with such other evidence as it has been in their power to procure, under consideration, and recommend the adoption of the following resolution.'

Resolved, that the Hon, John Murphy, Senator from Monroe county is constitutionally and lawfully entitled to his in this house;’ which was concurred in.

Mr. Hopkins, from the judiciary committee, to whom was referred the bill, to be entitled ‘an act for the relief of the Huntsville Bank,’ reported the same with sundry amendments; which were concurred in.

Said bill was then read a third time and passed.

Yeas

15

Nays

4.

The yeas & nays being desired, those who voted in the affirmative, are,

Mr. President,

Casey,

Devereaux,

McVay,

Powell,

Armstrong,

Conner,

Hopkins,

Moore,

Shackleford,

Bibb,

Crabb,

McCamy,

Murphy,

Smith- 15.

 


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Those who voted in the negative, are,

Mr. Coats

Metcalf,

Sullivan,

Wood- 4.

Ordered, that the Secretary inform the House of Representatives of the passage thereof, and desire their concurrence in the amendments made thereto.

Mr. Hopkins, from said committee, to whom was referred the bill to be entitled ‘an act providing for the election of Sheriffs in certain cases, and for other purposes,’ reported the same with sundry amendments; which were concurred in.  Ordered, that said bill be engrossed and made the order of the day for a third reading on to-morrow.

Mr. Sullivan obtained leave to introduce a bill, to be entitled ‘an act to prescribe the mode of certifying executions from justices of he peace from one county to another;’ which was read the first time.  Ordered, that said bill be made the order of the day for a second reading to-morrow.

A bill from the House of Representatives, to be entitled ‘an act to alter and extend the boundaries of Wilcox county,’ was read the second time. Ordered, that said bill be committed to the committee on county boundaries, to examine and report thereon.

A bill from the House of Representatives, to be entitled ‘an act for the trial of the right of property taken by virtue of an execution or attachment and claimed by a person not a party to the suit.

A bill to be entitled ‘an act to repeal in part the statute of limitations in criminal cases.’

A bill to be entitled ‘an act in relation to mortgaged property.’

A bill, to be entitled ‘an act to authorize a change of venue in chancery causes in certain cases.’

A bill to be entitled ‘an act to prevent Grand Jurors from being required to present every frivolous assault and battery case that may come within their knowledge;’ were severally read the second time.  Ordered, that said bills be referred to the committee on the judiciary to examine and report thereon.

The Senate according to order, resolved itself into a committee of the whole on the bill to be entitled ‘an act for the regulation of assessors and tax collectors, so far as relates to the payment of money,’ Mr. Bibb in the chair, and after some time spent therein, the committee rose, and Mr. Bibb reported the same with sundry amendments, which were concurred in.  Ordered, that said bill be referred to the judiciary committee to examine and report thereon.

Mr. Moore offered the following Resolution: Resolved, that the committee on roads, bridges and ferries, be instructed to inquire into the expediency of so amending the road laws in this state, as will prevent hands liable to work on public roads, from being apportioned to two overseers on the same road; which was adopted:

A bill from the House of Representatives, to be entitled ‘an act declaring certain roads therein named public roads, until otherwise directed by law,’ was read the third time and passed.  Ordered, that the House of Representatives be informed thereof.

A bill from the House of Representatives, to be entitled ‘an act to authorize David Peoples to continue a toll bridge erected over the Escambia Creek, in the county of Conecuh,’ was read the third time and passed.

A bill from the House of Representatives, to be entitled ‘to manumit a negro woman Margaret, and her children,’ was read the third time and passed.  Ordered, that the House of Representatives be informed of the passage of said bills.


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An engrossed bill, to be entitled ‘an act for the payment of Jurors in the Circuit Courts of this state,’ was read the third time.  Mr. Sullivan moved to fill the blank in said bill with the words ‘two dollars’ which was decided in the affirmative.  Mr. Sullivan offered the following amendment to said bill by way of rider; ‘And be it further enacted, that in all civil cases where pleas are withdrawn, the jury shall receive the same compensation allowed in the first section of this act,’ which was read three several times and adopted.  Mr. McVay offered the following amendment to said bill, by way of rider, ‘Provided, that nothing in this act shall be so construed as to exclude Jurors from receiving one dollars each, per day, for each day they may attend to the duties assigned to them,' and on the question being put on the adoption of said amendment, it was decided in the negative. 

Yeas

9. 

Nays

10. 

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

Mr. President

Hopkins

McVay

Shackleford

Wood- 9

Bibb

McCamy

Moore

Smith.

Those who voted in the negative, are,

Mr. Armstrong

Coats

Crabb

Metcalf

Powell

Casey

Conner

Devereux

Murphy

Sullivan- 10.

Ordered, that said bill be laid on the table.

An engrossed, bill, to be entitled ‘to enforce the payment of monies, collected by officer of courts,’ was read the third time and passed.  Ordered, that the title of said bill be changed from that of ‘a bill,’ to that of ‘an act,’ and that the same be sent to the House of Representatives for their concurrence.

On motion of Mr. Armstrong, the bill to be entitled ‘to provide for the printing of the laws and journals, and for other purposes,’ was taken up.  Mr. Murphy moved to fill the blank in the first section of said bill, where it relates to the salary of the public printer with ‘two thousand dollars,’ which was decided in the negative. 

Yeas

9.

Nays

10.

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

Mr. President

Bibb

Devereux

Shackleford

Sullivan- 9.

Armstrong

Casey

Murphy

Smith

Those who voted in the negative, are,

Mr. Coats

Crabb

McCamy

Metcalf

Powell

Conner

Hopkins

McVay

Moore

Wood- 10.

Mr. Bibb moved to fill said blank with the words ‘nineteen hundred dollars’ which was decided in the negative.

Yeas

9

Nays

10.

The yeas & nays being desired, those who voted in the affirmative, are,

Mr. President

Bibb

Devereux

Shackleford

Sullivan- 9.

Armstrong

Casey

Murphy

Smith

Those who voted in the negative, are,

Mr. Coats

Crabb

McCamy

Metcalf

Powell

Conner

Hopkins

McVay

Moore

Wood- 10.

Mr. Wood moved to fill said blank with ‘eighteen hundred dollars,’ which was decided in the affirmative.

Yeas

15

Nays

4.

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

Mr. President

Coats

Hopkins

Moore

Smith

Armstrong

Conner

McCamy

Murphy

Sullivan

Bibb

Devereux

Metcalf

Shackleford

Wood- 15.

Those who voted in the negative, are,

Mr. Casey

Crabb

Powell

McVay- 4.

Mr. Shackleford moved to fill the second blank in said bill, where it relates to the penalty of the bond to be given by the printer, wit the words ‘four thousand dollars,’ which was decided in the affirmative.


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Mr. Shackleford moved to fill the third blank in said bill, with the words ‘ten days;’ which was decided in the affirmative.

Mr. Shackleford moved to fill the fourth blank in said bill, with the words ‘twenty five days;’ which was decided in the affirmative.

Mr. Wood moved to fill the fifth blank in said bill, with the words ‘seventy-five days;’ which was decided in the affirmative.

Mr. Armstrong moved to fill the sixth blank in said bill, with the words ‘thirty days;’ which was decided in the affirmative.

Mr. McVay offered the following amendment to said bill by way of rider; 'Provided, that nothing in this act contained, shall be so construed as to authorize the said printer to received the compensation herein allowed in case he fail to have the acts and journals distributed agreeable to the provisions of this act;’ which was rejected.

A Message from the House of Representatives, by Mr. Mead, a member thereof:

Mr. President and Gentlemen of the Senate,

I am instructed by the House of Representatives, to inform your honorable body, that they have read a third time and passed, bills originating in your honorable body, of the following titles, to wit:

'An act to authorize Rosanna Lambkin and Elijah Hogan to convey to Isaac Jackson a certain tract of land therein named;’ and

‘An act concerning inquiry of damages;’ which latter they have amended by adding a proviso, and an additional section: in which they desire your concurrence.

O motion the senate adjourned ‘till 3 o’clock P.M.

3 o’clock, P.M.

The Senate met pursuant to adjournment.

The senate resumed the consideration of the bill, to be entitled ‘an act to provide for printing the laws and journals, and for other purposes.’

Ordered, that said bill be committed to the committee on the judiciary, to examine and report thereon.

Mr. Wood obtained leave to introduce a bill, to be entitled ‘an act to authorize ministers of the gospel to solemnize the rites of matrimony;’ which was read the first time.

Ordered, that said bill be made the order of the day, for a second reading on to-morrow.

Ordered, that Mr. Coats be added to the committee on county boundaries.

Mr. Sullivan moved to reconsider the vote of the senate on the passage of the bill, to be entitled ‘an act to exempt the citizens of the town of Selma from working on public roads beyond the limits of said town;’ which was decided in the affirmative.

Ordered, that said bill lie on the table.

On motion the Senate concurred in the amendments made by the House of Representatives to the bill, to be entitled ‘an act concerning inquiry of damages.

Ordered, That the House of Representatives be informed thereof.

Mr. Hopkins moved to reconsider the vote of the Senate on the third reading and passage of the bill from the House of  Representatives, to be entitled ‘an act to manumit a negro woman slave, Margaret and her children;’ which was decided in the affirmative.

Ordered, that said bill be laid on the table.

On motion of the Senate adjourned till to morrow morning 10 o’clock.