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AN ACT, for the relief of James W. Armstrong.

WHEREAS, by an act of the last session of the General Assembly, entitled, an act for the relief of James W. Armstrong, the Comptroller of Public accounts was authorised and instructed to ascertain whether a larger sum was collected from the said James W. Armstrong on a judgment in favor of the State, than he was legally bound to pay, and the Comptroller having by virtue of the provisions of said act, reported the sum of one hundred and fifty-four dollars and fifty-two cents in favor of the said Armstrong, being the excess, including interest paid by him to the State.


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SECTION 1. Be it therefore 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 favor of the said James W. Armstrong for the aforesaid sum of one hundred and fifty four dollars and fifty-two cents, to be paid out of any money in the Treasury, not otherwise appropriated.

Approved, Dec. 1st, 1827.

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AN ACT, for the relief of Joseph Owens.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the sum of fifty dollars be allowed and the same is hereby appropriated to the payment of Joseph Owens for apprehending and bringing to justice an Indian guilty of murder, to be paid out of any money in the Treasury not otherwise appropriated.

Approved, Jan. 15th, 1828.

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AN ACT, for the relief of William W. Garrard.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That William W. Garrard, clerk of the county court of Lauderdale county, shall for the space of nine months be exempt from the operation of the existing laws of this State which vacate offices when the incumbent shall absent himself from the State for the space of four months, Provided, he procure a competent deputy to attend to the duties of said office during his absence.

Approved, Dec. 7th, 1827.

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AN ACT, for the relief of Caswell R. Clifton Tax-Collector of Madison County.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the Treasurer be, and he is hereby authorised and required to receive in payment of the Taxes of Madison county for the year eighteen hundred and twenty-six five hundred and sixty-one dollars in the notes of the Bank of Tombeckbee which was received in the payment of the Tax of that year by said Caswell R. Clifton.

SEC. 2. And be it further enacted, That the Treasurer be, and he is hereby, authorised and required to receive from James Thompson in payment of the Taxes of Monroe county for the year eighteen hundred and twenty-six fifty dollars in the notes of the Bank of Tombeckbee, which, was received in the payment of the Tax, of that year, by said James Thompson.

Approved, Jan. 7, 1828.

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AN ACT, for the relief of Robert H. Rose.

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 Robert H. Rose to


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bring to this State his slaves now in the State of Tennessee and dispose of them by sale or hire, or otherwise as he may think proper any law to the contrary notwithstanding.

Approved, January 15th, 1828.

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AN ACT for the relief of Henry Box.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That James Box the illigitimate child of Henry Box of St. Clair county, be and he is hereby legitimated with the right to heir and receive the estate of said Henry Box in the same manner as if born in lawful wedlock.

Approved, December 14, 1827.

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AN ACT for the relief of Pleasant Wright former jailer of Greene 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 of Green county, be and he is hereby authorised and required, on the application of Pleasant Wright of said county, to give the said Wright an order on the county Treasury of said county for the sum of thirty one dollars and sixty cent for victualing a certain John Alexander Johnston, a free man of color, seventy-nine days in the jail of said county.

Approved, December 15, 1827.

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AN ACT to emancipate certain persons therein named.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That Romeo Andre be and he is hereby authorised to manumit and set free from slavery Frozend, Lemone, and Daniel upon entering into bond with sufficient security payable to the Judge of the county court of Baldwin county and his successors in office in the penal sum of one thousand dollars conditioned, that they or either of them shall not become a charge to the State or any County, City or Town therein saving the rights of creditors.

Approved, January 15th, 1828.

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AN ACT for the relief of Charles Pearson Tax Collector of Lawrence County.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That Charles Pearson Tax collector of Lawrence county be, and he is hereby allowed until the first day of May next to finish his collection of the taxes of said county: provided nothing in this act shall be so construed as to give him a further time to pay over such as may be due either to the State or County Treasuries: And Provided also, That nothing herein contained shall be construed so as to release the securities of said Charles Pearson, from any act or default of said Charles Pearson as such assessor and tax collector.

Approved, January 15th, 1828.


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AN ACT, to divorce Parthenia Coursey from her husband James Coursey.

SECTION 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 Clark County exercising chancery Jurisdiction pronounced and entered at the October Term one thousand eight-hundred and twenty-seven the bonds of matrimony heretofore solemnized and subsisting between Parthenia Coursey and her husband James Coursey, be, and the same are hereby annulled and made void; and that the said Parthenia Coursey be henceforth divorced from the said James Coursey.

Approved, Jan. 15, 1828.

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AN ACT, to divorce Winney Gaines from her husband Francis S. Gaines.

SECTION 1. Be it enacted by the Senate and the House of Representatives of the State of Alabama in General Assembly convened, That in conformity with the decree of the circuit court of Greene county exercising Chancery Jurisdiction, pronounced and entered at September Term eighteen-hundred and twenty-seven, the bonds of matrimony heretofore solemnized and subsisting, between Winney Gaines and Francis S. Gaines her husband be, and the same are hereby annulled and made void; and that the said Winny Gaines be henceforth divorced from the said Francis S. Gaines.

Approved, Jan. 7, 1828.

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AN ACT, to divorce Thomas J. Snowden, from Tabitha Snowden.

SECTION 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 Conecuh county exercising chancery jurisdiction pronounced and entered at March term, eighteen hundred and twenty seven, the bonds of matrimony, heretofore solemnized and subsisting between Thomas J. Snowden, and Tabitha Snowden, his wife be, and the same are hereby annulled and made void; and that the said Thomas J. Snowden, be henceforth divorced from the said Tabitha Snowden.

Approved, January 15, 1828.

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AN ACT, to divorce William Travis from Elizabeth Travis.

SECTION 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 decision and decree of the Circuit court of Montgomery county, exercising chancery jurisdiction, pronounced and entered at the September term of said court, eighteen hundred and twenty seven, the bonds of matrimony, heretofore solemnized and subsisting between William Travis and Elizabeth Travis his wife, be, and the same are hereby annulled and made void, and that the said William Travis be, henceforth divorced from the said Elizabeth Travis.

Approved, Dec. 14, 1827.


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AN ACT, to incorporate "Barker Encampment of Knights Templar No. 1."

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That James B. Colburn, Grand commander, and others, the officers and member of said encampment; and the several persons who now are, or shall hereafter be members respectively of said Encampment, shall be, and they are hereby declared to be a body politic, and corporate in name, and in deed by the name and style of "Barker Encampment of Knights Templar, No. 1," and by said name shall have a perpetual succession of officers, a common seal, with power to alter the same, and to make necessary bye-laws for their better government.

SEC. 2. And be it further enacted, That the said Corporation shall be able in law to purchase, have, hold, receive, possess and enjoy, in perpetuity, or for any term of years, any Powers lands tenements or hereditaments; and to sell, or otherwise dispose of the same, in such manner as the said body politic or Encampment, shall deem fit and expedient, to sue, and be sued, to plead and be impleaded, in any court of law or equity in this State.

SEC. 3. And be it further enacted, That it shall and may be lawful for the said Corporation to receive and hold forever any donation, bequest or devise, and to appropriate the same for the benefit of the Corporation, in such manner as may be determined by the same.

SEC. 4. And be it further enacted, That this act, shall take effect, from and after the passage thereof.

Approved, January 15th, 1828.

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AN ACT, to divorce Peggy Seay from Nicholas Seay.

SECTION 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 decision and decree of the circuit court of Tuskaloosa county, exercising Chancery Jurisdiction, the bonds of matrimony heretofore solemnized and subsisting between Peggy Seay and Nicholas Seay, be, and the same are hereby annulled and made void; and that the said Peggy Seay, be, henceforth divorced from the said Nicholas Seay.

Approved, December 14, 1827.

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AN ACT, to divorce Elizabeth W. Colwell from Samuel Cowell.

SECTION 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 decision and decree of the circuit court of Franklin county, exercising Chancery jurisdiction, the bonds of matrimony heretofore solemnized and subsisting between Elizabeth W. Cowell, and Samuel Cowell, be, and the same are hereby annulled and made void; and that the said Elizabeth W. Cowell, be henceforth divorced from the said Samuel Cowell.

Approved, December 14, 1827.


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AN ACT to emancipate certain slaves therein named.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That Thomas Loyd, be, and he is hereby authorized and empowered to manumit and set free certain slaves, to wit:- Anna, Nancy, Jane and Martha, the property of the said Thomas Loyd, so soon as the said Thomas Loyd shall have executed to the Judge of the County court of Conecuh county and his successors in office a bond with sufficient security to be approved of by the said Judge conditioned; that the said slaves shall never become chargeable to the State of Alabama or any county or town therein: Provided, that nothing herein contained, shall be, so construed as to prejudice the creditors of the said Thomas Loyd. "Provided, the said slaves shall leave the state within six months after the passage of this act, never to return to reside therein."

Approved, January 15th, 1828.

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AN ACT, to divorce William O. Russell from Nancy G. Russell.

SECTION 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 decision and decree of the circuit court of Franklin county, exercising chancery jurisdiction pronounced and entered at the October term, eighteen hudred and twenty-seven the bonds of matrimony heretofore solemnized and subsisting between William O. Russell, and Nancy G. Russell, be, and the same are hereby annulled and made void: and that the said William O. Russell, be henceforth divorced from the said Nancy G. Russell.

Approved, December 14, 1827.

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AN ACT for the relief of Bushrod W. Bell.

SECTION 1. Be it enacted by the Senate and House of Representation of the State of Alabama in General Assembly convened, That hereafter in all cases where it may be necessary for Bushrod W. Bell to take the duelling oath prescribed by the act of the Legislature of this State passed January the seventh one thousand eight hundred and twenty-six entitled an act to alter and amend the several acts now in force in this State to suppress the evil practice of duelling, the oath shall be so administered as to permit him to swear that he has not violated any of the provisions of law now in force on the subject of duelling since the first day of January one thousand eight hundred and twenty-eight.

SEC. 2. And be it further enacted, That the said Bushrod W. Bell be, and he is hereby relieved from all and every disqualification imposed by the existing laws now in force in the State on the subject of duelling.

Approved, December 13, 1827.


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AN ACT to emancipate a certain slave therein named.

Whereas it has been represented to this General Assembly by the memorial of a large number of respectable inhabitants of Baldwin county that the emancipation of Cyrus (Son and slave of China Evans a free woman of color,) and inhabitant and creole of said county, is the only one of a large family now held in bondage, and is an honest, industrious and well disposed person, and that his emancipation will not tend to the injury of society, but will greatly contribute to the welfare of the individual himself, Therefore,

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the negro man named Cyrus, belonging to China Evans of Baldwin county, be, and he is hereby emancipated, and forever freed from slavery and bondage, saving however the rights of creditors, and on the express condition that the said China Evans enter into bond with security to be approved by the Judge of the county court of Baldwin county in the penal sum of one thousand dollars and made payable to the Governor for the time being and his successors in office, to be filed in the office of the Clerk of said county court, conditioned that the said negro man Cyrus shall not become a public charge to the State, or to any County, City or Town thereof.

Approved, December 31st, 1827.

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AN ACT to change the name of, and legitmate a certain person herein named.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the name of Emily Meroney the natural child of Benjamin Frost, be hereafter known and called by the name of Emily Frost, and that said child be legitimated: and that she be entitled to all the rights and privileges of the legitimate children of the said Benjamin Frost.

Approved, December 14th, 1827.

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AN ACT to divorce Abraham Danner from Anne Danner.

SECTION 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 decision and decree of the Circuit court of Pike county, exercising Chancery jurisdiction, the bonds of matrimony heretofore solemnized and subsisting between Abraham Danner and Anne Danner be, and the same are hereby annulled, and made void, and that the said Abraham Danner, be henceforth divorced from the said Anne Danner.

Approved, December 14, 1827.

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AN ACT, to divorce Joseph Cadole from Nancy Cadole.

SECTION 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 decision and decree of the circuit court of Montgomery county, exercising chancery ju-


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risdiction, pronounced and entered on the first Monday in March, eighteen hundred and twenty-seven the bonds of matrimony heretofore solemnized, and subsisting between Joseph Cadole and Nancy Cadole, be, and the same are hereby annulled and made void, and that the said Joseph Cadole, be henceforth divorced from the said Nancy Cadole.

Approved, December 14, 1827.

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AN ACT to divorce James Pharr and Mary Pharr.

SECTION 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 decision and decree of the circuit court of Washington county, exercising Chancery jurisdiction the bonds of matrimony heretofore solemnized and subsisting between James Pharr and Mary Pharr, be, and the same is are hereby annulled and made void, and that the said James Pharr be henceforth divorced from the said Mary Pharr.

Approved, January 12, 1828.

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AN ACT for the relief of John Wood.

Whereas it appears to this General Assembly, that John Wood, William Prude, and Moses Kelly were in the year one thousand eight hundred and twenty appointed commissioners to rent out for one year, the University lands, situated in the county of Jefferson, and whereas the money due for the rent of the said lands was by the agent of the said commissioners, received in Tennessee bank notes, which said money was by the said commissioners tendered at the State Treasury, to be applied to the University fund, and was by the State Treasurer refused: -And whereas, the said John Wood, took upon himself the responsibility of disposing of the said Tennessee money to the best advantage for the University by loaning it for one year, with a view to receive in lien thereof sound currency- and whereas the said John Wood did release the said William Prude and Moses Kelly from all responsibility and deposited in the office of the Secretary of State his own note with Isaac Brown as security for the sum of two hundred and forty-six dollars and forty cents & also the note of William D. S. Culbertson and Jesse Edwards for five hundred and twenty-five dollars, on which said notes suit has been commenced in the Circuit Court of Jefferson county: and whereas it appears to this General Assembly, that the said William D. S. Culbertson and Jesse Edwards, never received any consideration for the said note, and that the said John Wood is bound to indemnify them against said note; and whereas it appears, further to this General Assembly that the said John Wood, has not as yet realized any part of the money thus disposed of, wherefore, for the relief of said John Wood in the premises.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That if the said John Wood shall deposit with the trustees of the third Judicial circuit a bond with sufficient security to


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be approved of by the Trustees of the third Judicial Circuit and payable to the Trustees of the University of the State of Alabama and their successors in office, due on the first day of March one thousand eight hundred and twenty-nine for the sum of seven hundred and seventy one dollars and forty cents, with interest at eight per centum from the first day of January one thousand eight hundred and twenty-three; it shall then be the duty of the Trustees of the third Judicial Circuit, to certify that fact to the Clerk of the circuit court of Jefferson county, who shall upon the payment of the cost which may have accrued on the suit now pending in the said court against John Wood and Isaac Brown, and against William D. S. Culbertson and Jesse Edwards, discontinue the same.

Approved, January 15th, 1828.

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AN ACT to authorise Mahala Farrer to emancipate a mulatto woman slave named Patience.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That Mahala Farrer be and she is hereby authorised and empowered to emancipate and forever free from slavery and bondage a mulatto woman slave named Patience, saving, however the rights of creditors, and on the express condition that the said Mahala Farrer enter into bond with security, in the penal sum of five hundred dollars, to be approved by the Judge of the county court of Lauderdale county, made payable to the Governor of this State for the time being, and his successors in office, to be filed in the office of the Clerk of the county court, conditioned that the said slave named Patience shall not become a public charge to the state, or to any county, city or town therein. Provided, the said slave Patience shall within six months after the passage of this act move beyond the limits of this State; and shall not return to reside therein.

Approved, January 15th, 1828.

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AN ACT to amend in part, and repeal in part an act to establish the Town of Whitesburg and incoporate its Trustees.

SECTION 1 Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That hereafter the following shall be the boundaries to the corporate limits of the town of Whitesburg in Madison county to wit, beginning as heretofore at the junction of Aldridges Creek with the Tennessee River, and running thence up the said River four hundred yards, thence directly north sixteen hundred yards, thence directly west nine hundred yards, thence a direct south line, one thousand yards, to the River and thence up the River to the beginning.

SEC. 2. And be it further enacted, That hereafter, all persons resident within the limits of the corporation of the Town of Whitesburg, in Madison county, who are by law, liable to work on roads be and they are hereby exempted from working on any road or roads without the limits of the corporation of the town of Whitesburg.

SEC. 3. And be it further enacted, That no person residing


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beyond the limits of the Town of Whitesburg, shall after the passage of this act, be required to work on any road or street within the corporate limits of the Town of Whitesburg.

SEC. 4. And be it further enacted, That so much of the fifth section of the above recited act, as authorises the Trustees of said Town or a majority of them to appoint a sufficient number of police officers and remove the same at pleasure, be repealed, so far as relates to a Town Constable, and that hereafter a Town Constable shall be elected at the same time and in the same manner, that the Trustees for said Town are elected, who shall have power to serve all process within the limits of said Town, that the constables of this State are authorised to serve in their respective counties, and have and receive the same fees, and subject to the same rules and regulations.

SEC. 5. And be it further enacted, That the Trustees of said Town of Whitesburg shall elect one of their own body President of the board who shall be ex-officio, a Justice of the Peace in and for said Town and shall have power to try all cases of a breach of the peace committed within the limits of said Town and to fine such person or persons according to the power of said corporation and to bind over to appear at the next Circuit Court, and whose duty it shall be to see that all by -laws of the corporation are observed and carried into effect; and shall be entitled to the same compensation and subject to the same penalties as Justices of the Peace are in this State.

Approved, January 15th, 1828.

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AN ACT, to Incorporate the Trustees of Oak Grove Academy of Perry County.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That an Academy be and is hereby established in Perry County by the name of Oak grove Academy, and that John Barron, Robert Jamison, John J. Wolf, Jabez Curry, George C. King, Seabourn Mimms, Friend O. Love, Joseph Adair Edward Harper and R. B. Walthall; their associates and successors be, and are hereby constituted a body corporate by the name and style of the Trustees of Oak grove Academy, and by that name shall have power to sue and be sued, to plead and be impleaded, to receive donations, to hold real estate to the value of ten thousand dollars, and in general to do and perform all acts, for the benefit of the institution which are incident to and usually exercised by bodies corporate.

SEC. 2. And be it further enacted, That said Trustees their associates and successors shall have power to associate with them any number of men not exceeding seven who when elected shall have equal rights with those here named and shall fill all vacancies which may occur by death resignation or refusal to act or otherwise: And to appoint a President, Treasurer and Secretary, and to prescribe the duties of each, and to make all such by-laws for the government of said Academy and of their own meetings as they shall think proper.


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SEC. 3 And be it further enacted, That said Trustees shall meet at such times and places as they shall think proper, and that seven shall constitute a quorum to transact business until otherwise provided by their by-laws.

Approved, Jan. 12th, 1828.

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AN ACT, to amend an act entitled an act to incorporate the town of Florence in the State of Alabama.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the second section of an act entitled an act to incorporate the town of Florence in the State of Alabama, approved January the seventh eighteen hundred and twenty-six be and the same is hereby repealed.

SEC. 2. And be it further enacted, That instead of the boundaries of the said town of Florence, as defined and established by the second section of the act to which this is an amendment the boundaries of the said town as incorporated by the first section of the before recited act, shall be as follows, to wit, beginning where the street running between Henry Anderson's warehouse and Matthew Neal's tavern, intersects the Tennessee river, thence with the direction of said street continued and along its western boundary one hundred yards into the Tennessee river, thence up the said river in a direct line to the point of the island opposite said town, thence up the north bank of said Island to a point opposite Poplar street, thence northwardly across the slough to the mouth of poplar street, thence with poplar street to the intersection of the military road, thence at right angles south sixty-one and a half degrees west to the circular road, thence with the circular road southwardly to the beginning.

SEC. 3. And be it further enacted, That the Tax-collector of the county of Lauderdale, be and he is hereby required to pay the amount of the tax collected by him, for the support of the poor, from the citizens of the town of Florence to the Treasurer of the said town, to be subject to the order and disposition of the Mayor and Aldermen of said town.

SEC. 4. 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, Dec. 15, 1827.