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AN ACT, for the relief of William Furguson.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the county court composed of the Judge and commissioners of revenue and roads for Lawrence county, are hereby authorised and required, on the application of William Furguson of said county provided they are of opinion that he is entitled in justice to receive damages, to issue a writ of Ad quod damnum in favor of said Furguson, returnable to the next term of said court, to ascertain if any, and if any, what damage said Furguson has sustained by a road running through his land, and if it shall be ascertained on enquiry, that said Furguson hath sustained damage by said road, then it shall be lawful for said court, and they are hereby authorised and required to give an order on the county Treasurer for the amount of said damage to be paid out of any money not otherwise appropriated, or to levy a tax upon the objects of taxation in said county, to pay the said damage; after the collection of which, the same shall be paid to the said William Ferguson.

Approved, December 26, 1827.

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AN ACT, to fix and establish the dividing line between the Counties of Tuskaloosa and Jefferson by visible and marked boundaries.

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 dividing line between the Counties of Tuskaloosa and Jefferson shall be fixed and established as follows, to wit; beginning at the mouth, of the first big creek below the junction of the locust and Mulberry forks of the Black Warrior river thence up said creek to the mouth of mud creek, thence up mud creek to the first large fork of said creek, thence up the eastern fork of mud creek to the head thereof in a direct line to Roupe's big spring, thence east as the dividing line between the said Counties is now established by law.

Approved, Dec. 31, 1827.


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AN ACT for the benefit of the Pikeville Library Company.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the Pikeville Library Company be and they are hereby authorised to raise a sum of money not exceeding one thousand dollars by Lottery under the following conditions to wit, said company shall be authorised to adopt such plan for the selling of tickets and drawing of said Lottery, as the managers there of shall choose; and previous to the sale of tickets, they shall enter into bond and security to the Judge of the County Court of Marion County in the sum of ten thousand dollars, (which said bond shall be approved of by the said Judge) and conditioned that they, the said managers will pay off and discharge all the prizes drawn in said Lottery, and also to appropriate all the money which may be raised, to the purchasing of books for said Library.

SEC. 2. And be it further enacted, That the managers of said Lottery shall, before they enter upon their duties as managers take and subscribe an oath well and truly to perform their duties as managers under this act; which said oath shall be taken in open court, or before some Justice of the peace, and filed in the office of the clerk of the County Court.

SEC. 3. And be it further enacted, That this act shall be in force from and after the passage thereof.

Approved, December 26th, 1827.

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AN ACT, to extend the corporate limits of Bellefonte.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the limits of the corporation of Bellefonte be extended so as to include the one hundred acres of land donated to the county of Jackson by George W. Wiggins and Stephen Carter to defray the expences of public buildings in said county.

Approved, December 13, 1827.

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AN ACT, prescribing the mode of commencing the contest of certain elections and of procuring evidence therein.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That when any citizen determines to contest any election for Senator or Representative to the Legislature of this State, he shall give the person or persons whose election he disputes notice in writing within twenty days after his or their election, setting forth specifically the grounds upon which he will attempt to invalidate his or their election; which notice shall be served by the Sheriff or other officer as judicial writs are required to be executed.

SEC. 2. And be it further enacted, That the evidence which may be desired by either party in the prosecution or defence of any contest as aforesaid, shall be taken by deposition as follows, the party wishing the evidence of any witness, shall apply to a justice of the peace of the county where the witness resides, for a subpoena to said witness, to appear before him or any


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other justice, at a certain time and place not less than five days from the issuance thereof, to be served by any constable; of which time place and object said justice by a constable of the proper county, shall notify the opposite party at least five days.

SEC. 3. And be it further enacted, That any justice of the peace before whom a witness may be summoned for the purpose aforesaid, shall take down in writing all that the witness deposes in relation to the matter at issue and also the questions that may be propounded by either party or his attorney and the answers thereto; and shall, alter filing away a true copy of the whole deposition in his office, carefully seal up and transmit the original by mail to the President of the Senate or the Speaker of the House of Representatives as the case should be at the Seat of Government.

SEC. 4. And be it further enacted, That the deposition of any witness residing out of this state may be taken in a contest as aforesaid in the same manner they are now taken of a like witness in suits at law.

SEC. 5. And be it further enacted, That the aforesaid officers and witnesses shall receive for their services and attendance under this act, the same fees and compensation now allowed them for similar services and attendance in other cases, which fees and compensation shall be paid by the party contesting.

Approved, Dec. 14, 1827.

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AN ACT making approriations for certain claims against the State.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the following sums be, and they are hereby appropriated for the payment of the accounts of certain persons hereinafter mentioned for provisions furnished to certain persons in the jails of the several counties within this State to wit: Fiedling L. White of Madison County the sum of eight hundred and forty-four dollars and forty cents, to George W. Sneed of Lauderdale County twenty-two dollars and eighty cents; to John Dickey of the said last mentioned county two hundred and sixty-seven dollars and twenty cents; to John Beckam of Clark County sixteen dollars and eighty cents; to Rowland Eidson of Perry County thirty dollars and forty cents; to James Yeates of Green County seventy two dollars; to William Skidmore of Morgan County one hundred and thirty dollars; to Eli Abbott of Autauga County one hundred dollars and forty cents; to Pleasant Wright of Green County eighty eight dollars and eighty cents; to Campbell Sharp of Monroe County three hundred and thirty-eight dollars and sixty cents; to Sterling E. Harrison of Dallas County sixty six dollars and seventy cents; to Joel D. Harris of Lawrence County three hundred and sixteen dollars and forty cents; also fifty eight dollars in addition thereto, to Michael Schaffer of Blount County seventeen dollars and forty cents; to Thaddeus A. Reid of Jefferson County forty nine dollars and twenty cents; to Aaron Readus of Limestone County one hundred and seventy four dollars and forty cents; to Lewis Proctor of Jackson County twenty six dollars and eighty cents; to William Holbrooks


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of Autauga County one hundred and fifty two dollars to George C. King of Perry County seventy eight dollars and thirty four cents; to William Pane of Butler County twenty four dollars; to James P. Bates of Mobile County nine hundred and two dollars and sixty cents; to William E. Sawyer of Bibb County thirty six dollars and sixty cents; to Jacob S. House of Autauga County ninety eight dollars; to George W. Mires of Washington County one hundred and seventy eight dollars and twenty cents.

SEC. 2. And be it further enacted, That the following sums be and they are hereby appropriated for the several services and to the several persons hereinafter named, to wit: to Thomas Fitzhugh for apprehending and prosecuting to conviction a certain negro Slave named George charged with burglary with intent to commit a rape fifty dollars; to Danniel Green for prosecuting to conviction in the circuit court of Green County John Owens charged with horse stealing fifty dollars; to Daniel B. Richardson for prosecuting to conviction in the circuit court of Green County John A. Goodson charged with horse stealing fifty dollars; to Homan Souhal for apprehending and prosecuting to conviction in the circuit court of Madison County Charles A. Watkins for the crime of horse stealing fifty dollars; to James G. Birney late Solicitor of the fifth Circuit for prosecuting to conviction four Slaves severally charged with capital offences forty dollars; and to Joseph Eastland late Solicitor of the same Circuit the sum of twenty dollars for prosecuting two Slaves for capital offences.

SEC. 3. And be it further enacted, That the following sums be and the same are hereby appropriated for the payment of the necessary expences attending the last Congressional election in this State to wit: to George H. Dubose returning officer for Clark County nine dollars and twenty five-cents; to Benjamin Hudson returning officer for Franklin County forty three dollars; to Thomas Davis returning officer for Pickens County thirty six dollars and fifty cents; to Martin Harkins returning officer for Lauderdale County fifteen dollars; to Mark Meek Sheriff of Fayette County eighteen dollars and fifty cents; to William E. Sawyer returning officer for Bibb County twenty-one dollars; to Jacob Webb returning officer of Morgan County twenty-four dollars and thirty-seven cents; to Abraham Neighbors of Shelby County as returning officer thirty dollars; to James Hugh returning officer for Henry County thirty one dollars; to John B. Ayers returning officer of Jefferson County twenty-one dollars; to Philip S. Beasley returning officer of Green County eighteen dollars; to Andrew Northington returning officer of Marengo County fifteen dollars; to Isaac Thacker returning officer of Autauga County twenty-four dollars; to James Conway returning officer of Baldwin County fifteen dollars; and to William Skidmore returning officer for Morgan County twenty-four dollars and thirty seven cents.

SEC. 4. And be it further enacted, That the following sums be and the same are hereby appropriated to the payment of


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the several persons and for the services hereinafter named, to wit; to Hiram Shortridge Esq. for attending the Legislature and fifty cents; to James Davis for services rendered at Bibb Circuit Court as bailiff for three days four dollars and fifty-cents, to John Davis for removing furniture to the State House cleaning and preparing the same for the reception of the General Assembly twenty-three dollars and fifty-cents; to Hugh M. Warren Sheriff for Lawrence County for carrying a prisoner from Lawrence County to Jackson County by order of the Circuit Court forty-four dollars; to James Finklea of Covington County for apprehending Jacob Deagers a fugitive from Justice, conveying him four hundred miles and incidental expences seventy five dollars; to John Martin late assessor and collector of taxes for the County of Montgomery for the amount of insolvencies allowed him by the County Court of said County thirty-two dollars and fifty-cents; to David McBride for services as bailiff in the Circuit Court of Lawrence County twenty-eight dollars and eighty cents; to James S. Porter for services as Judge Advocate of the twenty-first Reigment Alabama Malitia sixteen dollars; to Jurdon Abbot Sheriff of Autauga County for the transportation of a prisoner from the County of Autauga to the County of Green by order of Court thirty-three dollars.

SEC. 5. And be it further enacted, That the following sums be, and they are hereby appropriated for the payment of Henry Minor clerk of the Supreme Court of this State, to wit; for stationary furnished for the use of the Judges of said Court sixty seven dollars and eighty nine and a half cents.

SEC. 6. And be it further enacted, That the sum of eighty three dollars be, and the same is hereby appropriated to the payment of John Gillis jailor of Conecuh for maintainance of prisoners.

SEC. 7. And be it further enacted, That the sum of thirty dollars be, and the same is hereby allowed to Constantine Perkins Attorney General for prosecuting to conviction three Slaves at the last term of the Circuit Court of Tuskaloosa County; and to Johnson Harrison and Aaron Harrison for apprehending and returning to prison William and Marcus Black who had broke the jail of Madison County under a charge of murder, and for expenses of themselves and guards the sum of twenty dollars.

SEC. 8. And be it further enacted, That the sum of thirty dollars be, and the same is hereby appropriated out of any money in the Treasury not otherwise appropriated for the pyment of the claim of Henry Golwait for prosecuting to conviction three slaves to wit, John Phill and Will charged with capital offences.

SEC. 9 And be it further enacted, That the following sums be, and the same are hereby appropriated to the payment of John Elliot Esqr. Solicitor of the First Judicial Circuit in this State for prosecuting to conviction the following Slaves hereinafter named, for prosecuting to conviction in the Circuit


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Court of Mobile County five Slaves the property of Elijah Montgomery charged with murder the sum of fifty dollars, for prosecuting to conviction at the April term eighteen hundred and twenty-seven of the Circuit Court of Washington County the negro Slave Moses charged with the murder of his master Sanford McClendon ten dollars; to prosecuting to conviction at the October term eighteen hundred and twenty seven of the same Court the negro Slave Jim the property of John Ford charged with the murder of Miss Winny Callier ten dollars; to prosecuting to conviction at the October term eighteen hundred and twenty-seven of the Circuit Court of Monroe County the negro Slave Titus the property of Josiah Thompson charged with murder ten dollars.

SEC. 10. And be it further enacted, That the sum of twenty eight dollars be appropriated to the payment of John Cunningham jailor of Butler County for victualling John Wells a State prisoner in the jail of said county and the comptroller of public accounts be authorised to issue his warrant for the same so soon as said account shall be proved and allowed by the Circuit Court of said County as prescribed by law or for so much thereof not exceeding said sum as may be allowed by said Court.

SEC. 11. And be it further enacted, That the sum of two hundred seventeen dollars and ninety-five cents be, and the same is hereby appropriated to the payment of James Brown Door Keeper of the House of Representatives for Stationary furnished the House of Representatives and for fuel furnished the two Houses during the present session.

SEC. 12. And be it further enacted, That the sum of two hundred and fifty-eight dollars and thirty-seven and a half cents be, and the same is hereby appropriated to the payment of Hiram P. Cochran Sheriff of Tuskaloosa County for services rendered the Supreme Court.

SEC. 13. And be it further enacted, That the sum of two hundred and ninety-two dollars be, and the same is hereby appropriated to the payment of Hiram P. Cochran Sheriff of Tuskaloosa County for victualling sundry persons in the jail of said county.

SEC. 14. And be it further enacted, That the sum of six dollars be, and the same is hereby appropriated to payment of Hiram P. Cochran Sheriff of Tuskaloosa County for counting the votes for member of Congress of the middle district.

SEC. 15. And be it further enacted, That the sum of seventy-three dollars and sixty-cents be, and the same is hereby appropriated to the payment of Ephram Phar former Sheriff of Wilcox County for victualling persons in the jail of said County.

SEC. 16. And be it further enacted, That the sum of forty dollars be and the same is hereby appropriated to the payment of Chenault Sheriff of St. Clair County for making return of votes for member in Congress for the middle District.

SEC. 17. And be it further enacted, That the sum of one hundred and fifty-three dollars and eighty-cents be and the


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same is hereby appropriated to the payment of William Marrak jailor of Franklin County for victualling prisoners in the jail of said County.

SEC. 18. And be it further enacted, That the sum of fifty-four dollars be and the same is hereby appropriated to the payment of Caleb Murphy Sheriff of Blount County for making return of votes for member in Congress for the middle District.

SEC. 19. And be it further enacted, That the sum of thirty-seven dollars be and the same is hereby appropriated to the payment of John G. Morgan Sheriff of Henry County for returning for member of Congress of the Southern District.

SEC. 20. And be it further enacted, That the sum of twenty one dollars and seventy five cents be and the same is hereby appropriated to the payment of William Barclay for expenses incurred in distributing the Militia and Patrol laws.

SEC. 21. And be it further enacted, That the sum of twenty dollars be, and the same is hereby appropriated to the payment of George W. Crabb for extra services rendered at the last Session of the General Assembly.

SEC. 22. And be it further enacted, That the sum of one hundred and twenty-nine dollars and twenty-five cents be and the same is hereby appropriated to the payment of James A. Bates Door Keeper of the Senate for Stationary and candles furnished the present General Assembly.

SEC. 23. And be it further enacted, That the sum of sixteen dollars and thirty-nine cents be and the same is hereby appropriated to the payment of Samuel Bloomfield Tax Collector of Washington County for insolvencies allowed by the County Court of said county.

SEC. 24. And be it further enacted, That the sum of five dollars and sixty cents be and the same is hereby appropriated to the payment of John Mitchell, for victualling prisoners in the jail of Jefferson County.

SEC. 25. And be it further enacted, That the sum of three hundred dollars be and the same is hereby appropriated to the payment of Wm. G. Parish for office rent for the Executive, the Comptroller and Treasurer's offices for the year ending thirty-first December eighteen hundred and twenty-seven.

SEC. 26. And be it further enacted, That the sum of eight dollars be and the same is hereby appropriated to the payment of Henry Goldthwaite for two days acting as Judge Advocate to a General Courtmartial convened at Montgomery for trying a contested election.

SEC. 27. And be it further enacted, That the sum of one hundred dollars be and the same is hereby appropriated subject to the draft of the Secretary of State to defray the expenses incurred in distributing the Militia and patrol Laws.

SEC. 28. And be it further enacted, That the sum of two hundred and fifty dollars be and the same is hereby appropriated to the payment of Davenport and McFarlane for printing the Militia and patrol Laws subject to the draft of the secretary of State.

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SEC. 29. And be it further enacted, That the sum of two hundred and fifty-dollars be and the same is hereby appropriated to the payment of the Secretary of State for copying and making an index to the laws, for copying the Journals of each House of the General Assembly for the present session, preparing the whole for the press and superintending the printing of the same.

SEC. 30. And be it further enacted, That the sum of one hundred dollars be and the same is hereby appropriated to the payment of the Quarter Master General for rent of a house for the safe keeping of the public arms.

SEC. 31. And be it further enacted, That the sum of twenty dollars be and the same is hereby appropriated to the payment of James A. Bates Door Keeper of the Senate and a like sum to James Brown Door Keeper of the House of Representatives for servant hire during the present session.

SEC. 32. And be it further enacted, That the sum of fifteen dollars be allowed to Ephraim Pharr for conveying Robert Andrews a State prisoner from Dallas County jail to Canton in Wilcox County.

SEC. 33. And be it further enacted, That the sum of twelve dollars four and one half cents be appropriated for the payment of Seaborn Ledbetter such sums being an excess paid by him over the amount of the taxes of Dale County for the year eighteen hundred and twenty-seven.

SEC. 34. And be it further enacted, That the sum of thirty-six dollars, fifty-cents be and the same is hereby appropriated to for the payment of Enoch Bryan Sheriff of Marion County for making return of votes for member in Congress for the middle District.

SEC. 35. And be it further enacted, That the sum of two hundred and thirty two dollars and fifty-cents be and the same is hereby appropriated to the payment of the claim of Lumeral Dennis, jailor of Montgomery County for the maintenance of prisoners charged with criminal offences.

Approved, January 15, 1828.

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AN ACT, to authorise John P. Neale, agent of William A. Powell, to emancipate John Robinson a man of color.

SECTION 1. Be it enacted by the Senate and House of Represetatives of the State of Alabama, in General Assembly convened That John P. Neale, agent of William A. Powell, be and he is hereby authorised and empowered to emancipate and forever free from slavery and bondage, a mulatto man slave named John Robinson, saving, however, the rights of creditors and on the express condition that the said John P. Neale enter into bond with security in the penal sum of five hundred dollars to be approved by the Judge of the county court of Madison county, made payable to the Governor for the time being and his successors in office, to be filed in the office of the Clerk of the county court, that the said slave John Robinson shall not become a public charge to the state or to any county city or town therein.

Approved, January 9, 1828.


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AN ACT, to Emancipate certain Persons therein named.

WHEREAS it is represented to the General Assembly by the memorial of a large number of respectable inhabitants of the City of Mobile that sundry persons of colour descendants of the ancient creole population of that place whose owners have petitioned the Legislature that they be emancipated and free from Slavery are honest, industrious and well disposed people; and that their being emancipated would not tend to the injury of society, but would essentially contribute to the welfare of the individuals concerned and be advantageous to the community at large: And whereas it also appears to the General Assembly that this discription of persons are measureably protected by the third article of the treaty, between the United States and the French Republic, commonly called the Louisiana treaty, Therefore,

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the mulatto boy named Joseph Ylaris son of a coloured woman and Slave of John Soto of Mobile be, and he is hereby emancipated and free from Slavery; saving however the right of creditors and on the express condition that the said John Soto enter into bond with security in the penal sum of one thousand dollars to be approved by the Judge of the County payable to the Governor and his successors in office to be filed in the office of the Secretary of State; conditioned that the said boy, Joseph Ylaris shall not become a public charge; and that the said John Soto shall educate and maintain the said boy until he arrives at the age of twenty-one years.

SEC. 2. And be it further enacted, That Ursan Honore, aged about eighteen years and the Slave of Leon Nicholas of Mobile be and he is hereby emancipated and freed from Slavery; saving however the rights of creditors, and on the express condition that the said Leon Nicholas enter into bond with security in the penal sum of one thousand dollars to be approved by the Judge of the County Court of Mobile County made payable to the Governor and his successors in office, to be filed in the office of the Secretary of State: conditioned that the said boy until he arrives at the age of twenty-one years.

Approved, January 3d, 1828.

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AN ACT, making appropriations for the year eighteen-hundred and twenty-eight.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the following sums of money be, and they are hereby appropriated to defray the expences of the civil list, and other necessary charges of the Government, namely for the payment of the members of the General Assembly at the present session, fifteen thousand eight-hundred and eleven dollars together with the unexpended balance of former appropriations


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for the same purpose; for the payment of the annual Salary of the Governor of this State, two thousand dollars; for the payment of the annual Salary of the Secretary of State, Comptroller and Treasurer one thousand dollars each, making three thousand dollars; for the payment of the annual Salaries of the Judges of the Circuit Court, each seventeen hundred and fifty dollars, making twelve thousand two hundred and fifty dollars; for the payment of the annual Salary of the Attorney General four-hundred and twenty-five dollars; for the payment of the annual Salary of the Solicitor of the first Judicial Circuit, three hundred and fifty dollars; for the payment of the Solicitors of the second, fourth, fifth, sixth and seventh Judicial Circuits, two hundred and fifty-dollars each, making one thousand two hundred and fifty dollars; for the payment of the Adjutant General, one hundred dollars; for the payment of the Quarter Master General for the last and present year two hundred dollars; for the payment of the Secretary of the Senate and clerk of the House of Representatives, each seven dollars per day; for the payment of the assistant clerk of the Senate and of the House of Representatives each five dollars per day; for the payment of the Door Keepers of the Senate and of the House of Representatives each four dollars per day; to be paid out of any money in the Treasury not otherwise appropriated.

SEC. 2. And be it further enacted, That the sum of two thousand dollars be, and the same is hereby appropriated and set apart as a contingent fund, subject to the Governor's draft.

SEC. 3. And be it further enacted, That the sum of one hundred dollars be allowed to the Secretary of the Senate for his services in contemplating the Journals and arranging the papers of the Senate; and that the sum of one hundred dollars be allowed the clerk of the House of Representatives for his services in completing the Journals and arranging the papers the House of Representatives.

SEC. 4. And be it further enacted, That the sum of two hundred and seventy-five dollars be appropriated as compensation to the Secretary of State for copying and making an index to the Laws; for copying the Journals of each House of the General Assembly for the present session; preparing the whole for the press and superintending the printing of the same; and that the sum of two hundred and fifty-dollars be allowed the Comptroller of Public accounts for clerk hire during the present year.

SEC. 5. And be it further enacted, That the sum of two thousand dollars be, and the same is hereby appropriated for the payment of the State Printer's Salary for the present year.

SEC. 6. And be it further enacted, That the sum of seventeen hundred and forty-nine dollars be and the same is hereby appropriated to the State Architect as his Salary for the present year, and the sum of one thousand dollars for his compensation for his services up to the first day of January eighteen hundred and twenty-eight.

SEC. 7. And be it further enacted, That the sum of two


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thousand seven hundred dollars be, and the same is hereby appropriated for the payment of the Tax Collectors for taking and returning the late census, to be paid out of any money in the Treasury not otherwise appropriated.

Approved, January 15, 1828.

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AN ACT, for the relief of Duglad McFarlane.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the Comptroller be, and he is hereby required to issue his warrant on the Treasury in favour of Dugald McFarlane for the sum of six hundred dollars, as a part of his Salary as State printer: Provided, he shall have given bond with sufficient security as is now required by law for the faithful discharge of his duty as State printer, any law to the contrary notwithstanding.

SEC. 2. And be it further enacted, That the said money shall be paid out of any money in the Treasury not otherwise appropriated.

Approved, Jan. 10th, 1828.

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AN ACT, for the relief of Samuel Battles.

SEC. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That Samuel Battles of the county of St. Clair who has been rendered an incompetent witness by reason of conviction of certain high crimes and misdemeanours, be, and he is hereby restored to his competency so far as to permit him to testify in his own case so far as other white persons of this State are allowed by law.

Approved, January 15th, 1828.

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AN ACT, to divorce Jane Gholson from her husband John Gholson.

SEC. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly Convened, That in conformity with the decree of the circuit court of Franklin county exercising Chancery Jurisdiction pronounced and entered at October term one thousand eight-hundred and twenty-seven, the bonds of matrimony heretofore solemnized and subsisting between Jane Gholston and her husband John Gholson, be, and the same are hereby annulled and made void; and that the said Jane Gholson be henceforth divorced from the said John Gholson.

Approved, January 15, 1828.

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AN ACT, to authorise and require the Secretary of State to procure and distribute to each county in this State one set of weights and measures.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the Secretary of State be and he is hereby authorised and required to procure as soon as may be, at the expense of the State, one set of weights and measures of best materials, for each county in this State, each set to consist of one weight of fifty-pounds, one of twenty-five, one of fourteen, one of seven,


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two of four, two of two and two of one pound, avoirdupois weight, according to the standard established by an act of the Mississippi Territory, passed February fourth eighteen hundred and seven with proper scales for weights, together with measures, one of the length of one foot and one of one yard, cloth measure, and the measures of one half bushel, one peck and one half peck, dry measure, also the measures of one gallon, one of half a gallon, one of one quart, one of one pint, one of half a pint and one of one gill, wine measure, according to the above mentioned standard, which shall be the standard of weights and measures in this State, till otherwise provided by Congress; and the said Secretary of State shall cause one set of the said weights and measures to be distributed to each county in this State, and delivered to the clerks of the several county courts, as soon after procuring the same as it can be done with convenience.

SEC. 2. And be it further enacted, That the clerks of the several county courts in this State shall give notice by advertisement by posting up notices at the court-house door and at five or more of the most public places in their respective counties of the receipt of the said weights and measures provided for their respective counties, whenever the same shall be received; and it shall be the duty of the said clerks of the county courts to try all weights and measures presented to them, by the standard aforesaid, and if found to be true and to agree with said standard, the said clerks shall send them with a seal to be provided to the county court of their respective counties at their expense for that purpose; and the said clerks shall be entitled to the sum of twelve and a half-cents for each seal applied by them to such weight or measure for their services under this act, to be paid by the person having the same performed.

SEC. 4. And be it further enacted, That three months after the receipt by the county court clerks of said weights and measures and after notice shall have been given as aforesaid, every person or persons who shall sell any commodity whatever, by weight or measure, that shall not correspond with the said county standard, or shall keep any such for the purpose of buying or selling by, shall for every such offence, forfeit and pay the sum of ten dollars, recoverable before any Justice of the peace, by any person who may sue for the same, and which may be applied to his own use.

Approved, January 12, 1828.