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AN ACT, to abolish, and establish certain Election Precincts therein mentioned.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the election precincts heretofore established by law at the places following to wit: At Richard Hall's and at James Gaines in the county of Dallas; at the store house of James Bennet, in the county of Henry; at the house of John Motleyin the village of Belle-Rose in the county of Baldwin; at Stephenson's in the county of Greene, at the house of James Hefling, in the county of Pickens; at the house of Joel Bunnow, in the county of Lauderdale; at the house of John Gilmore, in the county of Marengo; at the house of William Hagler, and at the house of Moses Mills, in the county of Autauga; at the house of Howell Tatum, and at the house of _____ Graves in the county of Montgomery; at the house of Matthew Averret, and the house of _____ Mann, in the county of Monroe, at the. house of William Cabiness, in the count of Tuscalossa; one at the house of Joel Dixon, in the county of Marion; at the house of John Griffin, and at the house of Rogers and Hart in the road from Huntsville to Triana, in Madison county; at the house of Elisha Green, in the county of Morgan; at the house of John Welch, in the county of Monroe, at Augusta, in the county of Montgomery; be, and the same are hereby abolished.

SEC. 2. And be it further enacted, That election precincts be, and the same are hereby established at the places following to wit: One at the store house of James Buchannan, one at the house of James Phillips; and one at the town of Indepence, in the county of Autauga; one at the house of Peter Suazey, in the village of Belle-Rose; and one at the house of Harley Williamson in the county of Baldwin; one at the store house of Bennett Chambers & Co. one at the house of Benjamin Wells, Junior in the county of Henry; one at the house of Henry Roons in the county of Dale; one at the house of James Faulk, senior, in the county of Pike; one at the store house of James Hildrith, in the county of Marengo; one at Joseph Masons's Post Office; one at Sessum's store on the sixteenth section, first township and eighth range, west of the meridian of Huntsville; one at the town of Rogersville, and one at the


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house of Ambrose Bohannon, on the Pulaski road in the county of Lauderdale; one at the house of Thomas Goss in the county of Bibb; one at the house of Samuel Turner, near the head of Canoe creek, in the county of Jefferson; one at the house of Wright Roundtree, one at the house of Richard Jones in the county of Pickens; one at the house of Robert Hill in the county of Greene; one at Mount Meigs, one at William Townsend in the fork of Coosa, and Talapoosa rivers; one at John Urguharts; one at the house of James Jones, on the Catoma; and one at Wm. P. Fisteer's store, in the county of Montgomery: one at the store house of James M. Cook, and one at Kirley's spring, in the county of Monroe; and one at the house of John Lynch, senior, in the county of Monroe; one at Capt. Elliott's; and one at Labun Rasco's in the county of Dallas; one at the house of Brewster H. Jayne, at Clinton, in the county of Greene; one at the house of John Collier, in the county of Washington; one at the house of Daniel S. Harrison, in the county of Wilcox; one at the house of Thomas Petty's and one at the house of Middleton Ford, in the county of Morgan; one at the house of Moses Lloyd, in Marion county; and one at the house of Jacob Prewett, in the county of Walker; and one at the house of James Cooper, in the county of Tuskalosa.

SEC. 3. And be it further enacted, That the judge of the county court of the county of Butler, shall cause an election to be held in captain Scrugg's beat, for the purpose of electing by the qualified electors in said beat the election precinct therein, and the choice shall be between the house of Jesse Allen, and the house of Benjamin Parker, which election shall be conducted in such manner, as said judge shall prescribe, and the place having the highest number of votes shall be the precinct in said beat; Provided, that no person living east of Percunmon creek, shall vote in the election nor shall this act effect any precinct established on the east of said creek: Provided, said election shall be holden before the first Monday in August next.

SEC. 4. And be it further enacted, That the election precinct now established by law at the house of Armond McCleod's in Marengo county, shall be discontinued and there shall be one precinct established in place of it, at the house of Asea & Boatwill in said county.

SEC. 5. And be it further enacted, That the precinct heretofore established at the house of Peter Donaldson, in the town of Tuscaloosa, be, and the same is hereby abolished, and in lieu thereof a precinct is hereby established at such convenient place in the town of Tuscaloosa, as the Sheriff shall designate for that purpose.

SEC. 6. And be it further enacted, That the election precinct heretofore established at the house of Samuel A. Jones in the county of Perry be discontinued and that an election precinct in lieu thereof be established at Smith's Ferry in said County.

SEC. 7. And be it further enacted, That an additional election precinct is hereby established at the house of Samuel Elliott in the county of Lawrence.


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SEC. 8. And be it further enacted, That the election precinct heretofore established at Abram Stouts in Blount County, be discontinued, and in lieu thereof an Election precinct be, and the same is hereby established at the house of William Billingsley in said County.

SEC. 9. And be it further enacted, That the precinct now established at Dauphin Island be discontinued, and that a precinct be established at the house of John Baptiste Ladrian otherwise called John Bayon and that the precinct now established at the house of John Battist Bayoe, be discontinued and that a precinct be established at the house of Jesse Lott on Dog River in the County of Mobile.

SEC. 10. And be it further enacted, That there shall be an additional election precinct established at the house of Micagah Carter in addition to those already established in the county of Covington, and that the election precinct heretofore established at the house of William Stewart in Blount County be and the same is hereby established at the house of John Easter in Bristers cove in said county, and that an election precinct be hereby established at the house of Christopher Loury in Fayette County, also an additional election precinct be established in Franklin County at the house of John Tharpe, in Lawrence at Carter Brandond Miltons Bluff and that the precinct heretofore established at Coffeys Cotton Gin, in Jackson County be abolished and one established at David Larkins Store in the blue spring cove in said County.

SEC. 11. And be it further enacted, That an election precinct shall be established at the house of John Orr in the County of Morgan, in addition to those already established and that the election precinct heretofore established at the store house formerly occupied by col. Francis Dancy, be, and the same is hereby discontinued.

Approved, January 15th, 1828.

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AN ACT, to explain and amend the ninth section of an act, passed December 13th, 1819, entitled an act, to establish certain counties therein named, and for other purposes therein mentioned. WHEREAS doubts have risen as to what county the place formerly called Hartgrove's is situated in, whether it be in Blount, or in Jefferson.

SECTION 1. Be it therefore enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the said place called Hartgroves but now in the possession of and occupied by Joseph D. Harrison, be, and the same is hereby declared to be in, and belong to the county of Blount.

Approved, January 15th,1828

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AN ACT, to allow further time to the Tax Collector of Madison county to collect and pay over the taxes of that county for the year 1827.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the tax collector of Madison county be, and he


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is hereby authorised to collect the balance due for taxes in that county for the year 1827; and if his securities will file their consent in writing or if he will execute a new bond with sufficient security, he shall be allowed until the _____ day of April next, to make payment into the Treasury of the balance of the said taxes for 1827.

Approved, January 15th, 1828.

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AN ACT, relative to the estate of Isaac Edwards, late of Conecuh county deceased.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the administratrix and administrator of the estate of Isaac Edwards, late of Conecuh county, deceased, be, and they are hereby required within six months from the passage hereof to make a final and complete settlement of their accounts as administratrix, and administrator of said estate, with the judge of the county court of Conecuh county, and to furnish the said judge on oath, with a statement of the names of the several persons entitled to distribution of said estate, and such of them as are minors, and thereupon said judge, is hereby required to make an order of distribution in favor of said distributees severally for the sums, the said distributees are entitled to.

SEC. 2. And be it further enacted, That as soon as said distribution is made, it shall be lawful for any person interested to apply to the Clerk of the county court of Conecuh county, and obtain a copy of said order, or orders of distribution and upon the same being produced to the Judge of the county court of Bibb county, he is hereby authorised and required to appoint, or allow the minor heirs of said Isaac Edwards, deceased, to choose according to law, guardians in the county of Bibb, who shall enter into bonds, and be governed in every other respect, as other guardians.

SEC. 3. And be it further enacted, That said guardians, be and they are hereby authorised to call on said administrator or administratrix, and receive the sum or sums distributed by the order of the Judge of the county court of Conecuh county, and on failure of said administratrix, or administrator to pay said guardian or guardians, the sums to which his or her ward is by said order of distribution entitled to, to take all lawful means to recover the same.

Approved, January 15th, 1828.

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AN ACT, the better to provide for the trial of the right of property and for other purposes.

SECTION 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 sheriff to prepare a bond whenever property levied on by him shall be claimed and affidavit made, and good security offered for the trial of the right thereof, which bond shall be made payable to the plaintiff in the execution and conditioned for the forthcoming of the property, if the same be found liable to the execution, and for


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the payment of such costs and damages as shall be recovered for putting in the claim for delay, for which bond the sheriff shall be entitled to a fee of fifty cents, to be taxed in the bill of cost.

SEC. 2. And be it further enacted, That whenever property shall be levied on, by virtue of an execution from another county, if the same shall be claimed, and bond given to try the right thereof, the trial shall be had as heretofore in the county where the levy shall have been made, and it shall be the duty of the sheriff to return the execution to the court from which it issued with his return endorsed, and it shall be his duty to make out a copy of the same, and of his return, and return such copy to the circuit court of the county in which the levy shall be made, and the copy of such execution, shall be sufficient for the court to proceed on, and try the right of the property levied on.

SEC. 3. And be it further enacted, That it shall be the duty of the jury in all cases, when they shall find the property subject to the execution, to find the value of each article separately, and if the Claimant shall fail to deliver the same or any part thereof when required by the sheriff, it shall be the duty of the sheriff to go to the clerk, and endorse such failure on the bond by him returned with the copy of the execution whereupon the said bond shall have the force of the judgement, and the clerk shall issue execution against the claimant or claimants, and his or their security or securities for the value of the property not delivered, as assessed by the jury with interest from the date of the verdict, and if either party shall appeal or sue out a writ of error, and wish to supercede the judgement bond and security shall be given to the adverse party in double the value of the property levied on, if said value shall be less than the judgment, but if as much or more than the judgment, then bond shall be taken in double the amount of the judgment and the damage given for delay.

SEC. 4. And be it further enacted, That if property shall be levied on by a constable by virtue of an execution from another county, and the property shall not be delivered on the day of sale, according to the delivery bond, the same shall be returned by the constable forfeited, to any justice of the peace in his county, together with a copy of said execution, who shall proceed thereon in the same manner as if judgment had been given by him, and said constable shall return the execution to the justice that issued it, with an indorsement shewing the levy and the forfeiture of the bond, and the justice to whom the delivery bond and the copy shall have been returned.

SEC. 5. And be it further enacted, That if property so levied on shall be claimed by a third person, it shall be the duty of the constable to return in like manner a copy of the execution, and the forthcoming bond to some justice of the peace in his county, with the fact of the claim being put in, and it shall be the duty of said justice to proceed with the trial of the right of property in the same manner as if the judgment in the case had been rendered by him, and said copy of the execution shall


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supply the place of the original in the trial, and said justice shall issue execution against the claimant and security for the value of the property if it shall not be delivered after being found subject to the execution, and in case of appeal the procedendo shall go to the justice before whom the right of property shall have been tried who shall issue all necessary process in obedience thereto; and when the proceedings shall be closed, he shall send a certificate of the result to the justice who issued the first execution, and it shall be the duty of the constable so soon as a claim of property shall be put in to return the execution to the justice who issued it, with a return indorsed shewing the levy and the claim, and the justice before whom he shall have returned a copy as herein directed.

SEC. 6. And be it further enacted, That proceedings for the trial of the right of property shall in no case prevent the plaintiff from going on to make his money out of other property than that levied on and claimed, if to be found, but the supercede as by appeal or writ of error shall only apply to the property so levied on and claimed.

SEC. 7. And be it further enacted, That so much of the law now in force as requires two bonds to be taken for the trial of the right of property, be, and the same is hereby repealed:- Provided, that a claim of property in conformity to the provisions of this act, shall operate as a release by the claimant of damages against the Sheriff or other officer taking such property in execution.

Approved, January 15th, 1828.

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AN ACT, to authorize the building a jail in Morgan County.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the Judge of the County Court, and the Commissioners of Revenue and Roads of Morgan County, be, and they are hereby, authorised to levy a special tax upon the inhabitants of said county, not exceeding one fourth of the state tax in said county for the year 1828 for the purpose of building a new or repairing the present jail in said county, at the discretion of the said Judge and Commissioners, which fund, when so raised, shall be appropriated, under the direction of the officers aforesaid, for the purpose aforesaid.

Approved, Jan. 15, 1828.

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AN ACT, explanatory of the eleventh and twenty-fourth Sections of an act to reduce into one the several acts concerning Road, Bridges, Ferries and Highway, approved January 12th, 1827.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the eleventh and twenty-fourth sections of the above recited act shall not be construed as to require any person liable to work on Roads, to work more than ten days in any one year, either in the cutting out of new Roads or in working on Roads already established by law.

Approved, Jan. 15, 1828.


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AN ACT to revive in part a certain act therein specified.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That if any person shall hereafter play at any tavern, inn, store-house for retailing spirituous liquors, or any other public house or in any street or highway, or in any other public place, or in any out-house where people resort, at any game or games with cards or dice, such person or persons so playing shall on conviction thereof by indictment, be fined a sum not less than twenty nor exceeding fifty dollars.

SEC. 2. And be it further enacted, That on the trial of any person or persons for the commission of the offence herein above named, it shall be sufficient for the indictment to charge that the person or persons offending did play at cards, or dice (as the case may be) in some of the places above specified, without stating what description of game, or without stating that money or any other thing was bet upon the event of said game; and upon making proof of the charge herein required, it shall be considered that the offence is made out without proving what the game was or is called, or without proving that anything was bet upon the event of such game or games.

SEC. 3. And be it further enacted, That the several solicitors and attorney General for this state, shall have power, and it shall be his duty to send a summons for any person or persons and cause them to go before the grand jury of the proper county and give evidence of such playing and such person or persons so made a witness shall be exempt from liability for any violation of this act of which he is compelled to give evidence.

SEC. 4. And be it further enacted, That if any person or persons shall hereafter be guilty of keeping or exhibiting any gaming table called A, B, C or E. O. or Rowlette, or Rowley Powley or Rouge and Noir, or shall keep or exhibit any Faro-bank, or shall keep or exhibit any other gaming table or bank of the like kind, or of any other description, under any other name or denomination, or without any name therefor, or shall in any manner be interested or concerned in keeping, exhibiting or carrying on any such table, bank or game, each and every person so offending and being thereof convicted shall be fined one thousand dollars and on failure to pay the same, shall be imprisoned without bail for three months.

SEC. 5. And be it further enacted, That if any person or persons shall bet or be concerned in betting at any of the gaming tables, bank or banks in the last section of this act enumerated such person or persons upon conviction by indictment, shall be fined in any sum not exceeding one hundred dollars nor less than ten dollars.

SEC. 6 And be it further enacted, That in all prosecutions for offences under the fourth section of this act, it shall be sufficient for the indictment to charge that the person indicted did keep and exhibit the gaming table or bank, above specified for gaming, without proving that any money was won or lost or bet upon such gaming table or bank, and that the person charged was interested and concerned in keeping exhibiting

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and carrying on said table, game or bank, without setting forth the manner in which the defendant was so interested or concerned, or to charge that the defendant or defendants betting upon or concerned in betting upon such table, game or bank did bet upon such table, game or bank, describing the table game or bank by the proper name, if known, or by describing it as a table, game or bank the name of which is unknown and the several solicitors in this state and grand jurors shall have power under the direction of the court, to send for persons and compel their attendance as witnesses in the same manner and under the same rules as are prescribed in the third section of this act, and each and every solicitor or the attorney General (as the case may be) shall be entitled to receive double the fees heretofore allowed by law, for all convictions under this act.

SEC. 7. And be it further enacted, That the passage of this act shall not alter the condition of any person or persons now charged with the violation of the existing law intended to suppress the practice of gaming, but such person or persons shall be tried as though this law had not been passed.

Approved, Jan. 15, 1828.

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AN ACT, concerning the owners and keepers of mills and other water works.

Whereas it has been represented to this General Assembly that much disease has been produced and many deaths caused among persons residing in the vicinity of mill ponds in Limestone County by owners thereof drawing off the water between the first of June and the first of October and suffering great quantities of drift-wood to remain, and also by the owners of cotton-gins causing or neglectfully permitting the seed to be thrown into the water; which beds of mill ponds, drift-wood and cotton seed being exposed to the summer's sun, greatly annoy the comfort and endanger the health of the neighborhood.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That it shall not be lawful for any owner or keeper of any mill or other water-works within the County of Limestone in this State, to draw off or cause to be drawn off, the water from the pond of any mill or other water-works at any time between the first day of June and the first day of October in each and every year; and any person or persons so offending shall be subject to indictment, and shall, upon conviction thereof before any court having competent jurisdiction, be fined in a sum not less than two hundred dollars, nor more than five hundred dollars, at the discretion of the jury trying the offence.

SEC. 2. And be it further enacted, That it shall be the duty of each and every owner or keeper of any mill or other water works, to remove therefrom all driftwood that may form in the pond of the said mill or other waterworks before the first day of June in each and every year, and upon failure thereof, shall be subject to indictment and upon conviction thereof, be fined in a sum not less than one hundred dollars, nor more than three


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hundred dollars at the discretion of the jury trying the same.

SEC. 3. And be it further enacted, That if any holder or owner of a cotton gin shall knowingly or negligently cause or permit any cotton seed to be thrown or to fall from their gin orgins into any stream of water, such person or persons so offending, shall be subject to be indicted therefor, and on conviction, be fined not less than one dollar nor more than one thousand dollars, at the discretion of the jury trying the offence.

SEC. 4. And be it further enacted, That the fines and forfeitures incurred under this act, shall be paid into the treasury of the county in which the offence may have been committed.

SEC. 5. And be it further enacted, That it shall be the duty of the Judges of the circuit courts in this state to give this act in charge to the grand jurors at the commencement of each term.

SEC. 6. And be it further enacted, That this act shall be in force from and after its passage.

SEC. 7. And be it further enacted, That this act be confined in its operation to the county of Limestone alone.

Approved, January 15, 1828.

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AN ACT, for the benefit of the Estate of Daniel Davis deceased late Monroe County.

IT, appearing to the satisfaction of the General Assembly of the State of Alabama, that it was necessary for the payment of the debts due from the estate of Daniel Davis late of Monroe County, deceased, that Abel Davis the Administrator of said estate, since deceased, should sell and transfer the certificates, which the said Daniel Davis in his life-time, held for fractions numbered twenty-seven and twenty-eight, township ten, in Range six east of the basis meridian of St. Stephens, and that the necessity for making said sale and transfer would not admit of delay so as to obtain the sanction of the General Assembly, therefore.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the sales and transfers heretofore made by Abel Davis, late administrator of the estate of Daniel Davis, deceased, of certificates for fractions numbered twenty-seven and twenty-eight township ten, in Range six East of the basis meridian of St. Stephens, be and the same are hereby legalized and made valid.

SEC. 2. And whereas also, it is made to appear to the General Assembly, that there are other lands belonging to the estate of the said Daniel Davis and to which a complete title has not been made, and that a sale of said lands would be for the benefit of said estate, therefore, be it further enacted, that John P. Davis, the present administrator of the estate of Daniel-Davis deceased, be, and he is hereby authorised to sell and transfer all the lands belonging to the estate of said Daniel Davis deceased to which a complete title has not been obtained and which has not been fully paid for: Provided, that the said John P. Davis Administrator as aforesaid, give thirty days notice of the time and place of making said sale in some


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neighboring newspaper and in three or more public places in the county: and proceed to sell the same to the highest bidder on a credit of not less than twelve months on the purchaser giving bond with good security, for the purchase money.

SEC. 3. And be it further enacted, That before the said John P. Davis be authorised to make said sales, or the sales heretofore made be legalized he enter into bond with good security in such sum as is satisfactory to the Judge of the County Court of Wilcox County, payable to said Judge, conditioned, that the proceeds of the sales of the lands heretofore sold, has or will be faithfully accounted for and for faithfully accounting for the proceeds of those lands sold by virtue of this act.

Approved, January 15, 1828.

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AN ACT, to establish the dividing line, between the counties of Tuscaloosa and Bibb, according to the existing laws.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That Gabriel Benson of the county of Perry, Thomas W. Smith of the county of Shelby, and Isham Harrison of the county of Jefferson, be, and they are hereby appointed commissioners to run and mark the dividing line, between the counties of Bibb and Tuscaloosa according to the existing laws.

SEC. 2. And be it further enacted, That said commissioners or a majority of them be, and they are hereby authorised to act, without the concurrence of the third, and shall before they or such of them as act proceed on the discharge of their duties as such commissioners before some Justice of the peace either of the county of Bibb or Tuscaloosa, take an oath faithfully and impartially to run, the dividing line, as directed by this act according to the existing laws between the said counties of Bibb and Tuscaloosa: a certificate of which oath shall be filed by said Justice in the office of the clerk of the County Court of the county in which said Justice resides.

SEC. 3. And be it further enacted, That the said commissioners or a majority of them shall meet on the third Monday of January next, at the north west corner of Township twenty four in Range eight East of the basis meridian of St. Stephens and together with a skilfull Surveyor proceed to run and mark the line between said counties of Bibb and Tuskaloosa from thence to the house of Captain James Hill, so as to leave said Hill in Tuskaloosa County, thence from the house of said Hill along the boundary line, according to existing laws to Rupe's valley creek and said lines, when run and marked as aforesaid, be and the same are hereby established as the dividing lines between said counties so far as said lines are run.

SEC. 4. And be it further enacted, That said commissioners or a majority of them after running said lines shall make out three fair plats of the same, one of which shall be filed in the office of the Secretary of State, and one in the office of the clerk of the county court of Tuskaloosa County, and the other in the office of the clerk of the county court of Bibb County.


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SEC. 5. And be it further enacted, That if said commissioners or a majority of them, fail to discharge the duties required of them by this act, by commencing on the third Monday of January next, that it shall and may be lawful for them or a majority of them to meet and discharge said duties at such times as they or a majority of them may agree upon.

SEC. 6. And be it further enacted, That the expences of this commission shall be equally defrayed by said counties of Bibb and Tuskaloosa. And said commissioners for their services shall be allowed such compensation as the Judge of the County Courts of Tuskaloosa and Bibb may think right and proper, and the certificate of either of said Judges to their respective County Treasurers, shall be sufficient authority to authorise a payment out of said Treasury:

Approved, January 15th, 1828.

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AN ACT to appoint Commissioners for the County of Dale; and for other purposes

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That Isaac Ledbetter, Obadiah Dick, Lewis Hutchinson Samuel W. Pierman, together with the Judge of the County Court, be and they are hereby appointed Commissioners of the County of Dale, who or a majority of whom, shall have power to fix and designate a suitable place for a Seat of Justice and to contract for and superintend the erection of such public buildings for the use of said County as they may deem necessary and that notice shall be given by the said Commissioners at three or more public places in said County of the time and place of letting said buildings, and they shall let the same to the lowest bidder who shall enter into bond with sufficient security to said Commissioners for the faithful performance of said contract.

SEC. 2. And be it further enacted, That the Commissioners appointed by the first section of this act, or a majority of them shall on the first Monday in April next hold an election at the different election precincts in said county by giving at least fifteen days notice for a Clerk of the Circuit Court for said county.

SEC. 3. And be it further enacted, That all laws contrary to the provision of this act be and the same are hereby repealed.

SEC. 4. And be it further enacted, That the circuit court of Dale County shall be held in the old Court House of (formerly) Henry county until the commissioners appointed in the first section of this act, shall make such selection and report a suitable building to the Judge of the county court of the above named county and when such notification is made by the commissioners to the Judge, it shall be his duty to notify the clerks of the circuit and county courts, together with the sheriff to remove their offices to or near the place so selected.

Approved, December 20th,1827.