AN ACT, to authorize the people of the county of Bibb, to fix the premanent Seat of Justice, in said county; and for other purposes.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That an election shall be held at the Court House in Bibb county, and at the several election precincts which may be established by law in said county on the first Monday of February next, for the purpose of electing for said county, a permanent seat of Justice, which election shall be conducted and held under the same rules, regulations and restrictions, as the general election for members of the General Assembly.

SEC. 2. And be it further enacted, That at said election the several persons qualified to vote for members of the General Assembly; (and none else) shall vote, for one of two places for a permanent seat of Justice for said county, that is to say, those who desire the permanent seat of Justice for said county to remain at the present site, for "Bibb Court House," and those who desire that said seat of Justice be removed to or near the falls of Chawba for the "Falls of Cahawba," and the site receiving the greatest number of votes, shall be forthwith certified by the Sheriff or other officer holding said election to the Judge of the county court of said county, as such site.

SEC. 3. And be it further enacted, That if the Falls of Cahawba, shall be selected by the votes of said county and certified to the Judge of the county court of said county as such site: He shall forthwith appoint, three commissioners who shall immediately take an oath before some justice of the peace, in form following to wit: "You, A. B. appointed a commissioner by the Judge of the county court of Bibb county, in pursuace of an act, entitled "An act to authorize the people of the county of Bibb, to fix the permanent seat of Justice in said county, and for other purposes," Do solemnly swear, or affirm (as the case may be) that in all things as a commissioner as aforesaid, you will faithfully, and impartially discharge all the duties required of you by said act, a certificate of which oath shall be filed in the office of the Clerk of the county court of said county, and when said commissioners shall be sworn, they shall proceed within a reasonable time to select the most eligible quarter section of land, at or within one mile of the falls of Cahawba, for a permanent seat of Justice for said county, which quarter section of land shall be so selected by the said commissioners (any two of which shall always have power to act, without the concurrence of the third) that the site for the erection of the Court House for said county, shall be east of the Cahawba river.

SEC. 4. And be it further enacted, That if either of said


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commissioners, so appointed, die, refuse to act, or resign the said Judges shall forthwith appoint another, and as often as a vacancy shall occur in said board of Commissioners, the same shall be filled by said Judge, and the person or persons so appointed shall take the oath prescribed in the third section of this act, which commissioners and their successors in office, are hereby incorporated, and made a body corporate for the purposes in this act, mentioned by the name and style of "the Commissioners of the permanent seat of justice of Bibb county," and by that name shall be, and are hereby made able and capable in law, to have, purchase, receive, possess, enjoy and retain to them, and their successors for the use of the county of Bibb, lands, rents, tenements, hereditaments, goods, chattels and effects of what kind, nature and quality soever, and the same to sell, grant, demise, alien or dispose of to sue and be sued, plead and be impleaded, answer and be answered, defend and be defended in Courts of record, or any other place whatsoever; and to do all such matters and things as are or may be prescribed by this act.

SEC. 5. And be it further enacted, That the Commissioners aforesaid, shall without delay apply to the proper office, and withdraw therefrom; the application of James Moore and William White agents, appointed by act of the General Assembly of the State of Alabama entitled "an act, appointing agents to select a certain quarter section of land, for the county of Shelby, and other counties therein named: who selected a certain quarter section of land, within and for said county of Bibb in pursuance of an act of Congress, passed May, the twenty-sixth, eighteen hundred and twenty-four granting to the counties and parishes of each State and Territory in the United States, where the public lands are situated, preemption rights to one quarter section of land in trust for the said counties and parishes respectively, for the establishment of seats of justice therein: but who failed to enter the same, in pursuance of said selection. And when withdrawn, said commissioners are herewith required to apply and enter the quarter section of land, selected by virtue of this act, as authorized by said Act of Congress.

SEC. 6. And be it further enacted, That if it shall happen from any cause, whatever, that the entry of said quarter section of land, shall not be made, the said board of commissioners are hereby authorized and required to purchase or receive by way of donation, for the use of the county of Bibb, any parcel or tract of land not less than forty acres, on which there may be a suitable site for the erection of a Court-House, which purchase or donation of land, shall be, at or within one mile of the said falls of Cahawba, and the site thereon, for the erection of said Court-House, east of said river.

SEC. 7. And be it further enacted, That the said commissioners, or either of them in their corporate capacity or otherwise, be, and they are hereby authorized to procure by loan or otherwise, the amount of money which may be necessary to pay for, and obtain titles to the quarter section of land, men-

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tioned in this act to be selected, or if necessary which may be required to purchase the site as contemplated in the sixth section of this act, and out of the first money arising from the sales of said land hereafter provided for, to discharge and pay off the said loan, principal and interest with all the expenses which may have been incurred in obtaining the same.

SEC. 8. And be it further enacted, That the commissioners aforesaid, shall as soon as may be expedient after obtaining legal titles to said quarter section of land, or the said tract of land so purchased, or donated as aforesaid, lay off the same and proper, and proceed to offer the same for sale, in such way and manner as they may believe most advisable and best calculated to promote the true interest of the said county, and shall execute good and perfect titles or deeds of bargain, and sale to the purchasers, which shall vest in them an estate of inheritance in fee simple.

SEC. 9. And be it further enacted, That it shall be the duty of the said commissioners in laying off the lots in the last section mentioned, to make a suitable number of streets and alleys, reserving the most eligible site on said selection purchase or donation for the erection of Public Buildings for said county under the restrictions mentioned in the foregoing sections of this act.

SEC. 10. And be it further enacted, That the said commissioners shall have powers to contract for direct and superintend the building of a Court-House, Jail, Pillory, Stocks and other necessary public buildings for said county, or such description and dimensions as to them may appear suitable, and with the approbation of the Judge of the county court of said county, and the said commissioners shall after giving at least two months notice of the time and place, in one or more of the Public Newspapers, printed in Tuscaloosa, Montgomery, Selma, and Greensborough, (if any newspaper be printed in said towns at that time) proceed to let the contract for the erection of the public buildings aforesaid, to the lowest bidder, who shall enter into bond with two or more sufficient securities in any adequate penalty, conditioned for the faithful performance of said contract.

SEC. 11. And be it further enacted, That the said commisioners shall appoint a Treasurer of public buildings, for said county who shall thereupon enter into bond with two or more securities to be approved of by the Judge of the county court in such sum as he may require, payable to the said commissiners in their corporate name for the faithful accounting for and paying over to the persons entitled to receive the same, all monies which may come into his hands as treasurer of public buildings for said county; and the commissioners and treasurer shall receive such compensation for their services and may be allowed them by the Judge of the county court, and commissioners of roads and revenue, to be paid out of any monies in the hands of the Treasurer of Public Buildings not otherwise appropriated.


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SEC. 12. And be it further enacted, That said board of commissioners and Treasurer of Public Buildings, shall be, and they are hereby required to report annually to the Judge of the county court and commissioners of roads and revenue, their actings and doings in pursuance of this act.

SEC. 13. And be it further enacted, That as soon as said commissioners have fully completed all the powers, vested in them by this act, their corporate powers shall cease, and they shall forthwith transfer to the office of the clerk of the county court all the contracts, plats, and other writings relative to said county seat, which may be in their possession which shall thereafter remain on file in said office for the examination of the inhabitants of said county, and all others interested and the Treasurer of public buildings shall in like manner after his services as such are fully completed, make a final and complete settlement, with the judge of the county court, which shall be filed in the office of the Clerk of the court aforesaid, and the monies, if any remain unexpended in said treasury, he shall pay over to the county treasurer of said county, to be thereafter expended for ordinary county purposes.

SEC. 14. And be it further enacted, That in all cases where it shall be necessary for said commissioners to contract in writing in their corporate character the execution of any deed or any instrument of writing by them, or any two of them in their corporate name, shall in all respects be as valid and effectual in law, as if the same, were executed under their common seal as a corporation.

SEC. 15 And be it further enacted, That if a majority of the votes, at the election by the first and second sections of this act authorized to be holden are given for "Bibb Court-House and that be certified as aforesaid, it shall be the duty of said Judge forthwith to give notice to the agents now in office, or which may be hereafter appointed in pursuance of the act of the General Assembly, the title of which is recited in the fifth section of this act, which power of appointment he shall exercise as often as a vacancy or vacancies may occur in the office or offices of any of said agents, which agents and their successors in office, are hereby declared a body corporate by the name and style mentioned in the fourth section of this act, and with all the powers therein given and granted.

SEC. 16 And be it further enacted, That said agents in their corporate capacity, are hereby required as soon as it is known that the present Court House is selected, to apply to the Register of the Land Office at Tuskaloosa, and enter the said quarter of land in pursuance of the act of eighteen hundred and twenty-four on the subject of said selection and receive a legal title to said quarter section of land; and when said agents have received such title, (and not before) they shall proceed to sell to the highest bidder, the several lots which James Moore and William White, former agents of said selection, have caused to be laid off, and the said agents shall make all the necessary legal titles to the purchasers of said lots, and dispose of the residue in pursuance of the before mentioned act.


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SEC. 17. And be it further enacted, That all the rights secured to the commissioners by this act, if the falls of Cahawba, or some place near there be chosen by the voters, be, and the same are hereby secured to the agents for fixing said county seat, in pursuance of the act of eighteen hundred and twenty four, if the present Court-House be chosen by the voters, which agents shall be subject to the restrictions imposed by this act on the aforesaid commissioners, so far as applicable to said Agents.

SEC. 18. And be it further enacted, That the present place of holding Courts in said county, shall continue to be the place of holding courts therein, until the said commissioners or agents report to the Judge of the county court, that there are sufficient buildings and accommodations at the site selected for the accommodation of said courts, from which time the place so selected shall be the permanent seat of justice for Bibb county, and the judge of the county court shall forthwith notify the Sheriff and Clerks thereof, who shall be governed accordingly, and from thenceforth the several courts and other business proper to be held and transacted at the Court-House shall be held and transacted at the permanent seat of justice for Bibb county.

SEC. 19. And be it further enacted, That so much of such acts heretofore passed, concerning the county seat of Bibb county as conflicts with the provision of this act, be, and the same are hereby repealed.

Approved, December 22, 1827.

 

AN ACT, to provide for ascertaining the sense of the citizens of Autauga county with regard to the seat of Justice in said county.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That it shall be the duty of the Sheriff of Autauga county, at the general election to be holden on the first Monday in August next for members of the General Assembly, to open a poll for the purpose of ascertaining the wishes of the citizens of said county, with regard to the removal of the seat of Justice from its present location to, or near the centre of said county, and all persons entitled to vote for members of the General Assembly shall be entitled to vote on said question.

SEC. 2. And be it further enacted, That it shall be the duty of the Sheriff of said county to put in nomination the present seat of justice, and the centre of said county, and shall advertise the same at the Court House and the several election precincts in said county at least thirty days before the election.

SEC. 3. And be it further enacted, That all persons voting for the present seat of justice shall write on their tickets, "Washington," and all persons voting for the removal of the seat of justice shall write on their tickets, "Centre," and it shall be the duty of the Sheriff to make out a correct statement of the number of votes given for each place and file the same in his office, and furnish one certified copy to each of the members of the General Assembly for said county.

Approved, December 28th, 1827.


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AN ACT, to authorize the Sheriffs of Walker, Dale and Covington counties to execute precepts, issued by Justices of the Peace.

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, it shall and may be lawful for the Sheriffs of Walker, Dale and Covington counties, and their several deputies to execute and return all precepts issued by Justices of the Peace in as full and ample a manner, as is provided by the 18th section of the Territorial act of the 27th of December, 1814, entitled "an act to revise, consolidate, and amend the several acts relative to Justices of the Peace and Constables," any law to the contrary notwithstanding: Provided, however, That the said Sheriffs of Walker, Dale and Covington counties, shall before being authorized to execute such precepts, enter into bond, in the same amount and payable in the same manner as is now required by law in the case of Constables: And provided further, That the said Sheriffs of Walker, Dale and Covington counties shall in all cases be subject to the same remedies prescribed by law against Constables for neglect of duty and be liable for the acts of their several deputies when executing precepts under the provisions of this act.

SEC. 2. And be it further enacted, That the said Sheriffs of Walker, Dale and Covington counties, and their several deputies shall be entitled to receive for services performed by them under the provisions of this act, the same fees to which Constables are entitled for the like services.

Approved, December 22, 1827.

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AN ACT, to establish a permanent Seat of Justice in the County of Henry.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That Moses Kirkland, Joel T. McClendon, Sion Smith, Moses Weems, and Andrew Gamble, be, and they are hereby appointed commissioners for the County of Henry, who, or a majority of whom shall select one site in addition to the present Court House as near the centre of said county as an eligible situation can be had, having regard as well to convenience as situation, one of which shall be selected as the seat of justice for the said county, in the manner in this act herein after prescribed.

SEC. 2. And be it further enacted, That the commissioners shall meet at the Court House in said county on the first monday in May next, for the purpose of selecting a site as contemplated by the first section of this act and shall continue from day to day until they make a selection, and before they proceed to business shall take an oath before some competent authority, that they will put in nomination, the present place for holding courts in said county and such other place as they may designate, without favour affection or partiality-and without any other consideration than the common good and interest of said county according to the best of their judgments.

SEC. 3. And be it further enacted, That if any vacancy should occur by the death resignation or refusal to act, of any


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of the commissioners by this act appointed it shall be the duty of the acting commissioners to fill such vacancy, by appointing some person living as near the place of the person dying, resigning or refusing to act as may be, who shall take the same oath, have the same powers and be subject to the same restrictions as other commissioners appointed by this act.

SEC. 4. And be it further enacted, That the commissioners aforesaid shall as soon as they fix upon the sites according to the provisions of this act notify the Sheriff of said county thereof, and furnish him with a writen description of the sites selected whose duty it shall be to advertise the same at least fifteen days before the next general election and all electors qualified to vote for members of the general assembly shall endorse on their tickets, which site, they choose and the site having the greatest number of votes shall be the permanent seat of justice for Henry County; provided, that if any ticket, shall not be endorsed as required by this act, the same shall not be counted; and provided further, that the said Sheriff of Henry County shall advertise said election, at the different election precincts in said county at least fifteen days before the next general election.

Approved, December 20th, 1827.

 

AN ACT, regulating the duties of Attorneys at Law, and for other purposes.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That hereafter it shall not be lawful for the Judges of the several county courts of this state, to appear, or practise as Attorney at Law, in any suit, for or against, any administrator, executor or guardian of the county whereof he is judge, nor shall he appear or practise as an attorney in any cause, matter or suit, for or against any public officer in his official capacity, wherein it is the duty of such judge to take a bond for the faithful performance of such office, trust or duty.

Approved, January 15, 1828.

 

AN ACT, to extend to St. Clair and Shelby counties, concurrent Civil and criminal jurisdiction with Autauga county in the Creek Nation.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the civil and criminal jurisdiction of the Circuit Court of St. Clair and Shelby counties, be, and the same is hereby extended so as to be concurrent in the Creek Nation, with the jurisdiction given to the Circuit Court of Autauga county, by an act, entitled an act, to extend the civil and criminal jurisdiction of this state over so much of the Creek Nation, as was ceded under the treaty of Indian Springs, of 1825, within the chartered limits of the State of Alabama, approved January 12th 1827; and that power equal to those given by said act, to the Circuit Court of Autauga county are hereby in all respects extended to the Circuit Court of St. Clair and Shelby counties.

Approved, January 9th, 1828.


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AN ACT, to authorize the judge of the county court, and the commissioners of Revenue and Roads, of Tuscaloosa county, to hold a special court.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the Judge of the county court, and the commissioners of Revenue and Roads of Tuscaloosa county, be and they are hereby authorized and required to hold a special court for the transaction of business as a court of Revenue and Roads, on the second Monday in January next.

SEC. 2. And be it further enacted, That all business now undetermined in said court, shall be determinable at the special court by this act required.

Approved, December. 31, 1827.

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AN ACT to repeal an act, entitled an act to provide for the payment of Petit Jurors, in the counties therein named, and for other purposes; passed December 25th, 1824 as far as the same applies to the county of Autauga, and for other purposes.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened. That an act passed the 25th of December, 1824, entitled "an act to provide for the payment of Petit Jurors, in the counties therein named and for other purposes," be, and the same is hereby repealed as to the county of Autauga.

SEC. 2. And be it further enacted, That an act, passed the 22nd day of December, 1826, entitled "an act more effectually to secure the compensation allowed by law to Jurors therein mentioned be, and the same is hereby extended to, and shall be in full force in the County of Autauga.

Approved, January 12, 1823.

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AN ACT, to authorize the sales of sixteenth Sections and for other purposes.

SECTION 1. Whereas by an act of the Congress of the United States, the Legislature of Alabama is authorized by and with the consent of the inhabitants of the several Townships in this State to sell the sixteenth Sections thereof and invest the proceeds of such sales in some productive funds for the use of Schools only in the respective townships wherein the said sections may be situate- Therefore, 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 school commissioners of the several sixteenth sections in this State, or a majority of them on the second monday in May next, on giving twenty days public notice by advertisement in three of the most public places in the respective townships, to hold an election to ascertain the sense of the qualified electors, who may be inhabitants of such townships, respecting the sales of their sixteenth sections under the provisions of this act, and the Commissioners conducting said elections, shall, before they open the polls for said Elections, take an oath before some person authorized to administer the same "That they will faithfully and impartially conduct the same, and make a true return thereof according to law, "and they shall provide a Ballot Box and cause the voters to write upon their tickets, 'sale' or 'no sale,' and they shall


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keep the polls open from ten o'clock in the forenoon until four o'clock in the afternoon; at which time they shall close the polls and count out the ballots, and certify the result to the Judge of the County Court of the proper county, and if there is no Judge in office then they shall certify the same to the clerk of the county court of the proper county, and shall keep the ballot boxes with the votes therein sealed up for twenty days, when they may be destroyed if no person contests said election. And in the event any such election be contested, then the Judge or Clerk as the case may be, shall have power to decide said contested election. Provided, That in any case where a township shall be divided by a county line, the return of the ballot, and the certificate of the result of the election herein required by the said Commissioners, shall be made to the Clerk and to the Judge of the County Court of that County, in which the majority of the Commissioners of any such township may reside.

SEC. 2. And be it further enacted, That in all cases where a majority of the qualified electors in any township have chosen to sell the sixteenth section therein, and no person has contested and set aside the election; it shall be the duty of the Judges of the County Courts of the proper Counties and of the Clerks of such Counties as have no Judge in office, at the expiration of twenty days from such elections, to issue an order of sale of the Commissioners of such sections as are elected to be sold: and said Commissioners shall on the reception of such order of sale cause the sections so elected to be sold, to be surveyed in such manner as they may think will command the highest price for the same, in lots which shall not exceed eighty acres each, and shall cause a fair plat of the same to be made out by the surveyor and shall fix a minimum price upon each lot or part, being first sworn "truly to value the several lots so surveyed and to fix the minimum price thereon; and some one of said commissioners shall keep said plat of said section, with the minimum price fixed upon each lot or part, and shall exhibit the same to any person wishing to examine the land before sale, and the said plat shall moreover be exhibited to all persons wishing to examine the same on the day of the sale hereinafter provided for.

SEC. 3. And be it further enacted, That so soon as said sections are surveyed, as herein above provided for, the said Commissioners or a majority of them shall, on giving thirty days previous public notice, by advertisement in three public places within the township, and such other public notice as said Commissioners may think fit, of the time and place of sale, and terms of sale, go upon the ground and cause the several lots of said sections to be offered for sale and sold to the highest bidder, above the minimum price at public auction, on a credit of one, two, three or four years, in equal annual installments, the purchaser securing the several payments, by separate notes with two or more good securities to be approved of by the Commissioners, which notes shall be made payable to "the President and Directors of the Bank of the State of Alabama,"


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and shall bear interest at the rate of six per centum per annum from the day of sale, and the said Commissioners shall more-over give to the purchaser or purchasers of one or more lots, certificates of purchase shewing the quantity of land in acres, and describing the lot or lots, part or parts so purchased, and stating the amount of purchase money agreed to be given, which certificate shall be acknowledged in open Court, or before some Judge or Justice of the Peace for said county, and shall operate as a title upon condition only that the whole payment shall be made; and the legal holder thereof shall obtain a patent there for from the Governor of the State upon producing the Governor, the certificate of the President and Cashier of the Bank of the State of Alabama, certifying that the full amount of purchase money mentioned in said certificate has been paid.

SEC. 4. And be it further enacted, That before any sale of a sixteenth section shall be made, it shall be the duty of the School Commissioners of said section to enter into bond and security to the Governor of the State, and his successors in office, in such sum as the Judge of the County Court of the County wherein said section or the greater part thereof may lie, not exceeding fifteen thousand dollars, conditioned, that they will faithfully perform the duties required of them by this act, so long as they continue to act as such commissioners.

SEC. 5. And be it further enacted, That it shall be the duty of said Commissioners so soon as they have sold any of their sixteenth sections or part thereof under the provisions of this act to make an entry in a book to be kept by them for that purpose of all sales by them made, who the sale has been made to, and for what amount of money, what amount in notes, who are principals and securities, and then to make a return of said sale to the Judge of the County Court of the proper county or to the Clerk if there be no Judge who shall cause an entry thereof to be made in the office of the Clerk of the County Court, and the said Commissioners shall also deliver to said Judge or Clerk as the case may be all the notes taken for the sale of said section or any part thereof, and take his receipt therefor, and said Judge of Clerk as the case may be, shall forward the said notes to the President and Directors of the Bank of the State of Alabama, who shall receive and collect the same as other debts according to common course of law, between individuals, and a payment at any other place than to the President and Directors of the Bank of the State of Alabama shall not be deemed a good and valid payment.

SEC. 6. And be it further enacted, That the School Commissioners for the several sixteenth sections in this State which may be sold by virtue hereof, shall pay into the Bank of the State, all monies which they now have, or may hereafter receive belonging to said section which may not be needed to defray expenses of sale, and to pay contracts already entered into, and the officers of the Bank shall open an account current in the Books thereof with such Commissioners, for all money received from or belonging in any way to their respective school fund, and the same shall, from the day of its reception

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in Bank, bear an interest at the rate of six per centum, payable quarter yearly, which interest may by the said commissioners be reinvested as principal, and shall again bear interest at the like rate and payable also quarter yearly, which interest shall by said Bank be paid to said commissioners, quarter yearly, on the demand of said commissioners, their agent or attorney as the same may become due and payable and which will be applied by said commissioners solely to the use of schools in the townships to which such sections properly belong; and the said Commissioners shall not in any case diminish the capital stock of said township, and it shall and may be lawful for the President and Directors of the Bank of the State at any time, to issue to the Commissioners of any sixteenth section which may be sold and the moneys deposited in said Bank, State Stock which shall bear interest as herein above provided for, and the good faith and credit of the State is hereby and forever pledged for the payment of the interest and for the redemption of the principal stock so as aforesaid issued, and also for all other moneys placed by said Commissioners in the said Bank.

SEC. 7. And be it further enacted, That the proceeds of the sales of the sixteenth sections in the counties of Jackson, Madison, Limestone, Lauderdale, Franklin, Lawrence and Morgan, which may be deposited in the Bank of the State of Alabama, as herein before provided for, shall be loaned to the inhabitants of the counties wherein such sixteenth sections may be situated, whenever the same can be done, and moreover shall be subject to be retained by said counties and invested in an office of Discount and Deposit or Branch Bank of the State of Alabama whenever such officer of Branch may be located in any of said counties, and shall form a part of the capital of such office or Branch and shall as above be loaned to the citizens of the counties in which such sections may be situated, and as near as can be ascertained, to the inhabitants of the townships electing to sell their sixteenth sections: Provided, application is made by the inhabitants of such counties and townships within fifteen days from the commencement of each and every year.

SEC. 8. And be it further enacted, That the proceeds of the sales of the sixteenth sections of the other counties in this state, shall in like manner be loaned to the inhabitants of the respective counties wherein such sections may lie, and whenever the Legislature may establish an office of Discount and Deposit or Branch of the Bank of the State of Alabama, in the Southern section of this State such part of the proceeds of the sales thereof, as the Legislature may direct, shall in like manner form a part of the Capital of such office or Branch.

SEC. 9. And be it further enacted, That if from accident or other cause, an election shall not be holden by the inhabitants of any township on the second Monday in May, in pursuance of the provisions of the first section of this act, the Commissioners of such section may cause such election to be holden on the 2d Monday in June and each subsequent month, and if


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a sale cannot be effected at the minimum price of any sixteenth section or part thereof on the day appointed for sale by the Commissioners of any Section, they may again on giving notice as herein before provided, offer the same for sale at the expiration of each succeeding three months, and if on four attempts or offer to sell, no person will give the minimum price, the said Commissioners may reduce the price if they think the interests of the inhabitants require it, and again offer the land for sale as above.

SEC. 10 And be it further enacted, That if any township having a sixteenth section of value, and which may not have five inhabitants who would be qualified electors, then any two free-holders, or householders thereof may perform the duties required of the School Commissioners by this act.

Approved, January 15th, 1828.

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AN ACT for the further relief of securities.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That in all suits now pending or which may be hereafter brought, against any person or persons as security on any bill, note, bond, covenant or other instrument in writing whatsoever, for the payment of money, property or the performance of any duty, it shall be lawful for such person or persons being such security, to notify his, her or their principal or principals (as the case may be,) of the pendency of the suit, and it shall be the duty of the court or justice of the peace before whom the suit is to be tried, on proof being made at the trial that notice has been given to the principal or principals and that the party, or parties sued is the security of said principal or principals, then said court or justice so trying the cause as aforesaid, shall be authorized to enter judgment against the principal or principals in favor of the security, for the full amount of the judgment and costs which shall have been recovered against his, her or their security; upon which judgment the party, or parties being security, shall have execution against his, her or their principal or principals, in the same manner as if the debt had been paid by such security, any law to the contrary notwithstanding.

Approved, January 15th, 1828.