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AN ACT, to authorise the Judge of the county court and commissioners of roads and revenue, to fill vacancies in certain cases.

SECTION 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 passage of this act, the Judge of the county court and commissioners of roads and revenue may at any time when vacancies occur, appoint overseers of roads, apportioners of hands and overseers of the poor.

Approved, January 15th, 1828.

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AN ACT, to amend an act entitled an act concerning Roads, Highways, Bridges and Ferries in the County of Mobile

SECTION 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 passage of this act, in lieu of the quantum on amount of labour on public roads now imposed upon the taxable inhabitants of the County of Mobile, there shall be imposed a tax on the said inhabitants to be assessed in the ratio of twelve and a half cents for every hundred dollars of taxable property which he she or they may possess: Provided, that no inhabitant of said county shall be assessed who has not twenty four hundred dollars of taxable property; and the aforesaid tax shall be assessed in such manner as the Judge of the County Court and the commissioners of Roads Highways Bridges and Ferries in the said county of Mobile or a majority of them may direct and to be collected, accounted for paid over and disbursed in manner as is herein after directed.

SEC. 2. And be it further enacted, That all persons in the county of Mobile, who may be liable to the payment of a poll tax; all those liable to militia duty, as well as free males of color (of the age of eighteen years and upwards) who have not taxable property to the amount of twenty four hundred dollars in said county may select either to work on the said public roads three days, or in lien thereof to pay to the collector of taxes under the provisions of this act the sum of three dollars in each and every year.

SEC. 3. And be it further enacted, That the said Judge and commissioners of Roads, Highways, Bridges and Ferries shall hold a session on the third Monday of January in each and every year at which session or at the session thereafter the said Judge and commissioners shall have the power and they are hereby required to appoint an assessor and collector of Road Taxes and Road fines in and for the said county of Mobile and also to appoint overseers for each commissioners district pursuant to the laws now in force on that subject: Provided always, that a majority of the whole number of commissioners shall constitute a Board to transact business and if the Judge of the said county court shall fail to attend any meeting of the said board of commissioners, the said board shall be, and they are hereby authorised to Elect a President pro-tempore and to proceed to business.

SEC. 4. And be it further enacted, That it shall be the duty of the said assessor and collector of Road Taxes and Road


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fines under the direction of the said Judge and commissioners to make all assessments of Road Taxes in said county and to collect the same; and who before entering on the duties of his office shall give bond with sufficient security to be approved by the Judge of the said county, made payable to said Judge and his successors in office, conditioned well and truly to execute the duties of his office and faithfully to account for and pay over to the said Judge and commissioners all monies to be by him collected and received as assessor and collector as aforesaid on or before the first day of June thereafter; and the said assessor and collector shall further before entering on the discharge of his official duties take and subscribe an oath faithfully to discharge the duties injoined upon him by law and to pay over all monies by him collected or received to the Judge and commissioners pursuant to the true intent and meaning of this act and on failure of the said assessor and collector to assess, collect and pay over as aforesaid the said Judge of the county court shall have power and he is hereby authorised and required to proceed against the said assessor and collector upon his bond by motion at the first term of the circuit court in the same manner as sheriffs may be proceeded against for failing to pay over monies by them collected: and the said assessor and collector of taxes shall receive such compensation for his services as the said Judge and commissioners or a majority of them may fix and determine.

SEC. 5. And be it further enacted, That the said Judge and Judge &c. to commissioners shall have power and they are hereby authorised and required to apportion out the monies arising from Road Taxes and Road Fines and also such person who may prefer to work three days among the several overseers in proportion as near as may be to the work necessary to be done upon each of their respective roads; and it shall be the duty of each of the said overseers within four months after such apportionment to make a return in writing to the said Judge and commissioners of the work done upon his road and the amount of money by him expended: Provided always that in case any overseer fail to make such return the said Judge and commissioners or a majority of them shall have power and they are hereby authorised to fine such defaulting overseer in a sum not exceeding one hundred dollars, which fine may be recovered before any court having competent jurisdiction and the same when collected shall form a part of the Road fund.

SEC. 6. And be it further enacted, That before any money shall be paid to any overseer, such overseer shall produce from the commissioner residing within the captains district in which said work shall have been done a certificate, stating the quantity or work done and labour performed and the amount of money to which said overseer may be justly entitled, which certificate shall be a sufficient voucher for the payment thereof: Provided, the sum thus certified shall not exceed the amount apportioned to said overseer.

SEC. 7. And be it further enacted, That the said Judge of the county court is hereby authorised and required at any time


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upon the application of any two of said commissioners to call a meeting of said board giving at least ten days notice in any newspaper printed in the county of Mobile of the time and place of such meeting.

SEC. 8. And be it further enacted, That all acts and parts of acts coming within the perview and meaning of this act be and the same are hereby repealed.

Approved, January 15, 1828.

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An Act to preserve the health of the inhabitants residing on Sinking Creek in Lauderdale County.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That Christopher Cheatham, Abraham Kernagban, Lawrence Thompson, John Pope and Peter F. Armstead, or a majority of them, be, and they are hereby authorized and empowered to cut a ditch from or near the point where the old road crosses a creek known by the name of sinking creek in Lauderdale County, so as to unite the waters of said creek with Samuel Savage's spring branch, (so as not to injure in any manner the spring of said Savage, in such way as they may deem best calculated to preserve the health of the inhabitants residing on or near said creek; and for that purpose they are hereby authorized to receive subscriptions in money or contributions of labor.

SEC. 2. And be it further enacted, That if the said ditch shall run through the lands of any person or persons, so as to impair or lessen the value of the same, and such person or persons shall be dissatisfied therewith, it shall be the duty of the persons named in the first section of the act, to have the amount of damages, sustained by any such person or persons assessed in the manner now prescribed by law; and the damages so assessed, shall be paid by the persons herein before named.

Provided that nothing in this act shall be so construed as to authorise the persons in the first section of this act mentioned, (or any other person or persons) to divert the original or present direction of said creek, by ditching or otherwise except so far as to carry off any redundancy of water which may be occasioned by the obstructions or insufficiency of the natural sinks in said creek, and that the persons aforesaid, shall be responsible and liable to any and all persons who may be damaged in any manner, whatsoever, by the cutting of the aforesaid ditch, which damages shall be ascertained and Further assessed in the manner by this act: Provided, that the same be sought by the person or persons aggrieved within six months after the same is sustained.

Approved, January 15th, 1828.

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AN ACT, to repeal in part an act passed twenty-seventh December 1814.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That so much of the sixteenth section of an act entitled an act


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to revive, consolidate and amend the several acts relative to justices of the peace and constables as makes it the duty of constables for want of good and chattels on which to levy an execution to take the defendants body by virtue thereof be and the same is hereby repealed.

SEC. 2. And be it further enacted, That hereafter it shall not be lawful for any justice of the peace to issue a capias ad satisfaciendum unless expressly required by the plaintiff his attorney or agent and that it shall not be lawful for any constable to take the body of the defendant upon any execution unless commanded thereby; and it shall be the duty of the constable to release the body when the defendant will point out property sufficient to discharge the demand with which he is charge in execution.

Approved, December 31, 1827.

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AN ACT, authorising a Lottery for the benefit of Cyrus Chapter No. 6 of Royal Arch Masons and of Florence Lodge No 14, of Ancient Freemasons in the town of Florence.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That it shall and may be lawful for Alex H. Wood, Thos. Simpson, James H. Weakley, Ezra Webb, jr. William B. Martin, James Martin, Joseph Bigger, Peter Blow, and Wm. R. Wood, or any three of them to raise by Lottery any sum not exceeding eight thousand dollars, to be appropriated in erecting and furnishing a Masonic Hall, for the use and benefit of Cyrus Chapter No. 6, of Royal Arch Masons, and Florence Lodge No. 14, of Ancient Freemasons in the town of Florence.

SEC. 2. And be it further enacted, That the aforesaid, Alex Wood, Thomas Simpson, James H. Weakley, Ezra Webb, jr. Wm. B. Martin, James Martin, Joseph Bigger, Peter Blow, and Wm. R. Wood, or as many of them as may choose to serve shall before they enter upon the duties assigned to them in this act, enter into bond with sufficient security, before the Judge of the County Court of Lauderdale, conditioned for the faithful discharge thereof: which bond may be put in suit in the name of the Governor of the State of Alabama for the time being, by any person injured by a breach of any of the provisions of this act.

SEC. 3. And be it further enacted, That it shall be the duty of the aforesaid persons, or as many of them as choose to act within ninety days from the completion of the drawing of said Lottery to pay to the fortunate drawers in said Lottery, or to their heirs or assigns such prizes as may be due agreeably to the scheme they may have determined on and published.

SEC. 4. And be it further enacted, That the drawing of said Lottery shall be in the town of Florence giving due notice of the time of such drawing, which shall be conducted in such manner and under such regulations, and responsibilities, as to the aforesaid persons may seem most expedient. Provided that each clerk or other persons concerned in the drawing shall

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take an oath before any Justice of the peace, or Judge of the county court faithfully to discharge their respective duties.

SEC. 5. And be it further enacted, That the drawing of said Lottery, or the first class thereof shall take place within one year from the publication of the scheme, and if said lottery, or class of said Lottery shall not be drawn within the time above specified the purchasers of tickets may demand and receive of the managers, or persons before named in the first and second section of this act, any money disbursed for tickets in said Lottery Provided, that the said commissioners shall have five years to complete said Lottery.

SEC. 6. And be it further enacted, That the commissioners aforesaid shall report to said Chapter and Lodge within twelve months from the passage of this act, and at such times thereafter as may be ordered by said Chapter and Lodge, the progress made in the sale of tickets or the drawing of said Lottery.

SEC. 7. And be it further enacted, That the said commissioners shall pay over all and any money which may be raised under this act, to the order of said Chapter and Lodge, or to such person or persons as may be authorised to receive the same by said Chapter and Lodge for the purpose of erecting and furnishing said Masonic Hall.

SEC. 8. And be it further enacted, That the High Priest of said Chapter and Master of said Lodge be, and they are hereby authorised by and with consent of the officers and members of said Chapter and Lodge, to acquire by purchase, or accept as a donation, an eligible lot or parcel of ground not exceeding one acre, within the town of Florence on which to erect said Masonic Hall, and the title to or in said lot or parcel of land, with all and singular the appertenances so obtained as aforesaid, shall vest, and is hereby vested in the High Priest officers and members of said Chapter and master's officers and members of said Lodge and their successors in office, to the sole use and behoof of said Chapter and Lodge.

Approved, December 13, 1827.

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AN ACT to amend an act, entitled "an act, excluding from suffrage, serving as jurors and holding offices such persons as may be convicted of bribery, forgery and other high crimes and misdemeanors.

SECTION 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 passage of this act, any person who shall be convicted of bribery, forgery, perjury, larceny, subornation of perjury, receiving stolen goods, knowing them to be stolen, or shall be convicted of stealing or altering or defacing any record, with intent to defraud, each and every person so offending, and being thereof convicted, shall be disqualified from holding, or exercising any office under this state, from serving as juror in any suit, from giving testimony before any judicial tribunal in this state, and from voting at an election therein.

Approved, December 20, 1827.


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AN ACT, amendatory of the several acts heretofore passed, in relation to the public revenue.

SECTION 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 passage of this act, all goods, wares and merchandizes which may be sold by the public auctioneers in the several counties in this state, at private sale, shall be subject to the payment of the same tax, as if the same were sold at public auction, any law, usage or custom to the contrary notwithstanding, which said tax hereby imposed shall be levied and collected, and paid over as now required by law by the several assessors and collectors of taxes in this state, in the same manner as is now provided by law, for the collection of other taxes due in this state.

SEC. 2. And be it further enacted, That all acts, and parts of acts, contravening the provisions of this act, be, and the same are hereby repealed.

SEC. 3. And be it further enacted, That it shall be the duty of all owners, cosignees or masters of vessels before he or they shall sell, barter or exchange or attempt to sell, barter or exchange in the City of Mobile, any goods, wares and merchandizes or other commodity or commodities from on board of any ship or vessel, arriving at the Port of Mobile from parts beyond seas, or from the wharves of said City to make return to the assessor and collector of taxes for the county of Mobile whenever required by him of the whole of the goods, wares and merchandizes, or other commodities imported by him, her or them, respectively, and intended for sale, barter, and exchange, from on board of such vessels, or from the wharves of said city; and moreover, whenever so required by him shall make just and faithful return of all his, her, or their sales and pay over at the said time to said assessor and collector, the same tax on the amount of his, her or their sales, which is now paid by resident citizens of this state, under the penalty for each and every failure, neglect or refusal so to do of one hundred dollars; to be recovered in the name, and for the use of this state before any court having competent jurisdiction thereof: Provided, That nothing in this act shall be so construed as to prevent auctioneers, from selling at private sale their own goods, subject however to the same taxes as are now allowed by law; nor shall it apply to the sale or executors and administrators, Sheriffs and Constables: Provided, nothing in this act, shall be so construed as to impose a tax upon any articles sold by boats, trading up and down any river in this state.

Approved, January 15th, 1828.

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AN ACT, to place a certain road therein named, under the control of the commissioners court of revenue and roads, of Shelby county.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That so much of the State road leading from Kimulga


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to Tuscaloosa, as runs through the county of Shelby, be, and the same is hereby placed under the control of the commissioners court of revenue and roads of Shelby county; and declared to be a county road: Provided, the said commissioners court, shall not have authority to discontinue said road or any part thereof, or alter the same where it crosses any county boundary, or to turn said road more than three miles from its original route.

Approved, January 12th, 1828.

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AN ACT, to repeal so much of the 3d section of an act, entitled "an act, to reduce the expences of the General Assembly; and for other purposes, passed at Cahawba, the 15th day of June, 1821" as is herein specified.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That so much of the third section of an act, passed at Cahawba, on the fifteenth day of June, 1821, entitled "an act, to reduce the expences of the General Assembly and for other purposes" as relates to the salary of the Attorney General of this state, be, and the same is hereby repealed.

SEC. 2. And be it further enacted, That hereafter, the Attorney General shall receive as his salary the sum of four hundred and twenty-five dollars.

SEC. 3. And be it further enacted, That all acts and parts of acts contravening the provisions of this act, be, and the same are hereby repealed.

Approved, January 10th, 1828.

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AN ACT, in relation to a certain fund 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 fund authorised to be raised, by an act, passed on the sixth day of January, one thousand eight hundred and twenty-seven and entitled "an act for improving the road leading from Blakely, to the upper line of Baldwin county by way of Durant's" be, and the same is hereby placed under the control of the Judge of the County Court and Commissioners of Roads and Revenue of Baldwin county, to be under their authority, and at their discretion; invested wholly or in part in stock of the Blakely and Greenville Turnpike Company: Provided, however, that if said turnpike company shall not go into operation, the commissioners or any two of them, appointed by the act first aforesaid, be, and they are hereby authorized to lay out said road under the provisions of said act, from Blakeley to where the river road leading from Claiborne to Blakeley, intersects the same near the house of Rease Smith and said road, so laid out, shall be, and the same is hereby declared a public road under the laws of this state.

SEC. 2. And be it further enacted, That the tax collector of Baldwin county, be allowed ten per centum, on the amount by him so collected, for assessing and collecting the tax autho-


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rized to be levied by the act first aforesaid, on paying the same over to the county treasurer.

Approved, January 7, 1828.

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AN ACT, to repeal in part, and amend an act, entitled an act, to establish a certain road therein designated.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That so much of the first section of an act, entitled an act, to establish a certain road therein designated, which requires said road to cross Alabama River at Dale town, be, and the same is hereby repealed.

SEC. 2. And be it further enacted, That instead of the commissioners appointed by the first section of the above recited act, William Kelly, David Fluker, Thos Y. Dickson, James George and Reuben Saterwhite, be and they are hereby appointed commissioners, whose duty it shall be to view and mark out that part of said road, beginning at or near Pickens Mill, in Marengo county, thence the nearest and most practicable route to the town of Canton, in Wilcox county, crossing Alabama river at whatever point the commissioners may deem most expedient.

SEC. 3. And be it further enacted, That the commissioners hereby appointed shall be required, to comply with the requisitions contained in the third section of an act, to which this is an amendment.

Approved, January 12th, 1828.

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AN ACT, to appoint Commissioners to lay out a road therein specified.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That Jacob D. Shelley, Johnathan Musick, John Lovelady Littleton and Allen Jentry, or a majority of them, be, and they are hereby appointed Commissioners to mark out, a way for a road, to commence at Montevallo in Shelby County, and run from thence to intersect the Washington road at, or near Allen Jentry's in the best and nearest way the country will admit.

SEC. 2. And be it further enacted, That before the said Commissioners enter upon the discharge of the duties herein assigned them, they shall take and subscribe an oath before some Justice of the peace, faithfully and impartially to discharge the duties assigned them by this act.

SEC. 3. And be it further enacted, That so soon as said Commissioners shall have marked out said road, they shall make a report of their proceedings at the next term thereafter to the Commissioners Court of Roads and Revenue of Shelby County, whose duty it shall be, to appoint overseers on said road, and to cause hands to be apportioned in the manner now pointed out by law, and it shall be the duty of such overseers to cut out, and keep the same in repair, as other public highways are kept in repair in this state.

Approved, Jan. 12, 1828.


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AN ACT, to revive and continue in force, an act, entitled "an act, to provide for the choosing electors of President and Vice President of the United States, passed December 26th, 1823.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That there shall be held in each and every county in this state, an election for Electors of President and Vice President of the United States, on the second Monday of November next, and on the second Monday of November every fourth year thereafter; which election shall be held in the same manner, at the same places, by the same officers, and under the same rules and regulations as are held the elections for members of the General Assembly.

SEC. 2. And be it further enacted, That the electors so chosen shall meet at Tuscaloosa, on the first Wednesday in December 1828, and give the votes in such manner as is prescribed by the laws of the United States; and in like manner the electors chosen as aforesaid every fourth year thereafter as prescribed in the afore recited act, in the caption hereof mentioned, shall meet and vote as prescribed in the first clause of the second section of this act.

SEC. 3. And be it further enacted, That the second, third, fourth, fifth, seventh and eighth sections of an act, entitled an act, to provide for the choosing electors of President and Vice President of the United States, approved Dec. 26th, 1823, are hereby declared to be and remain in full force.

Approved, December 17th, 1827.

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AN ACT, to amend an act to authorise Clerks and Magistrates to collect costs in certain cases.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the Clerk of the Supreme Court is hereby authorised whenever any Sheriff or Coroner shall return on an execution directed to them or either of them that the defendant or defendants in said execution, or either of them have no property in his County out of which he can make the amount of costs due on said execution, forthwith to issue execution against the Plaintiff or Plaintiffs in said execution for all costs due on said execution created by the Plaintiff or Plaintiffs in obtaining his judgment and execution: and no costs created by any Defendant of Defendants on the part of him or them shall be taxed or collected in said execution: Provided, that an execution which may be returned no property found, shall have issued to the County from which the case was brought into said Court, before an execution under this act shall issue against the Plaintiff or Plaintiffs.

Approved, December 20, 1827.

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AN ACT, to amend a certain act therein mentioned.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly conven-


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ed, That so much of the act passed the twenty second day of December 1826 entitled an act authorising the election of certain officers in the Town of Greenville in Butler County as gives the Justice of the Peace concurrent jurisdiction with other Justices throughout the County; shall be repealed after the expiration of three years from the date of said act, and from and after that period the civil jurisdiction of the Justice shall be confined to the corporate limits of said town.

Approved, Dec. 31, 1827.

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AN ACT, to provide for keeping in repair a certain Road therein mentioned.

WHEREAS great inconvenience has arisen for the want of a more explicit law in relation to that part of Bylers road from Bainbridge to the Widow Bylers for remedy whereof,

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 commissioners courts for the counties of Franklin and Lawrence at their first term after the passage of this act, to appoint five commissioners three from the county of Lawrence, and two from the county of Franklin, who, or a majority of whom, shall meet at Bainbridge on a day to be agreed on by the Judges of the County Courts of Lawrence and Franklin Counties and proceed to examine Bylers road as far south as the Widow Bylers and to divide the same into as many districts as they may think proper not exceeding six, which districts when so laid off and numbered beginning at Bainbridge with number one, and so in regular numerical order to the Widow Bylers.

SEC. 2. And be it further enacted, That the said commissioners shall be summoned by the Sheriff or their respective counties to meet as aforesaid in fifteen days after their appointment, and shall make report to their respective County Court Judges within ten days after the day they meet to perform their duty as pointed out in the first section of this act.

SEC. 3. And be it further enacted, That the commissioners courts for the counties aforesaid shall appoint overseers of said road at the same time they appoint other overseers; the county of Lawrence shall appoint overseers in the second, fourth, and sixth divisions if their should be that many; the county of Franklin shall appoint overseers on the first, third and fifth if there should be more than four districts.

SEC. 4. And be it further enacted, That it shall be the duty of the apportioners of hands annually appointed in all the Townships adjoining said road, to apportion to the overseers appointed by authority of this act in the same manner they apportion to other overseers as well those who are in the opposite county as those in their own respective counties and it shall be the duty of said apportioners to give the overseer opposite to their Township but in the other county notice of the day they will meet to apportion the hands in their respective beats.


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SEC. 5. And be it further enacted, That the commissioners appointed by authority of this act, shall be exempt from working on public roads for one year.

SEC. 6. And be it further enacted, That all laws and parts of laws contravening the provisions of this act be, and the same are hereby repealed.

Approved, January 15th, 1828.

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AN ACT, to authorise the Administrator of Daniel Mitchell to make and receive assurances of title to certain Real Estate.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That James Parker, Administrator of the estate of Daniel Mitchell late of Tuskaloosa County deceased, be, and he is hereby authorised and empowered to execute to William Cannon a quit claim deed, and receive from said William Cannon a quit claim deed to the North East fraction of section No. five in Township No. twenty-four and Range five East in the Tuskaloosa Land District pursuant to an agreement for partition made between said intestate in his life time and said William Cannon.

SEC. 2. And be it further enacted, That said Administrator be and he is hereby authorised and empowered to execute to William Jemison, a deed conveying title, to such part of said fraction as said intestate undertook to do, by bond executed in his lifetimes.

Approved, Dec. 31, 1827.