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AN ACT declaring the effects of Notarial Protests.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the protest of a Notary Public which shall set forth a demand, refusal, non-acceptance or non-payment of any inland bill of exchange or other protestable security for money, or other thing, and that legal notice expressing in the said protest, the time when given of such fact or facts, was personally or through the Post-Office, given to any of the parties entitled by law to notice, such protest shall be evidence of the facts it purports to contain, and entitle the holder of such security to the damages to which by law he may be entitled.

Approved, January 15th, 1828.


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AN ACT, regulating Judicial Proceedings.

WHEREAS, there hath been much uncertainty in the decisions of the Courts of this state, respecting the manner in which persons may bring suit upon any bond, bill, note or other instrument in writing, which may be the foundation of such suit, and which bond, bill, note or instrument may have been lost, for remedy whereof:

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That, from and after the passage of this act, any person who may have or own, or who may have had or owned, any bond, bill, note, agreement, or other instrument in writing, the right or title to the same remaining in him, her, or them, and the same shall be, or shall have been destroyed by fire, or lost by accident, such person or persons shall be authorized, upon first making oath in writing of the loss of such bond, bill, note, agreement, or other instrument, and that the same has not been paid satisfied, or discharged, to sue at common law for, and recover upon the same, upon making proof of the contents of such bond, bill, note, agreement or other instrument, so lost or destroyed.

SEC. 2. And be it further enacted, That any person or persons defending any suit shall have a right to plead the loss of any such bond, bill, note, agreement or other instrument in writing in bar as a release, set-off or in avoidance of any suit or suits against him, her or them, on first making oath to the truth of such plea any law usage, or custom, to the contrary notwithstanding.

Approved, January 15th, 1828.

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AN ACT, relative to the duties of Grand Juries.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That, hereafter, in all cases of misdemeanor, where the Grand Jurors of this state are bound to present the offender or offenders, the said Grand Jurors shall not be bound to make presentment of any offender or offenders on the knowledge of any one or more of their body only, unless twelve of the number of any Grand Jury shall agree in opinion that the public good requires that the offender or offenders should be prosecuted: Provided, that nothing herein shall prevent any individual from prosecuting and preferring a bill before any Grand Jury as now allowed by law, in which cases Grand Juries shall be governed in their finding by the facts of the case as heretofore.

SEC. 2. And be it further enacted, That it shall be the duty of the Judges of the Circuit Courts throughout this State, to give this act in charge to the Grand Juries.

Approved, Dec. 3d, 1827.

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AN ACT, defining the liability of endorsers; and for other purposes.

WHEREAS much injury has been done to the citizens of this state by means of the uncertainty of the decisions of the courts of this state in relation to the proper time at which


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indorsers of bills, notes, bonds and other instruments made negotiable by indorsment, by law, shall make demand of payment of the payors of such negotiable instrument, for remedy whereof.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That hereafter the remedy on bills of exchange foreign and inland, and on promissory notes payable in Bank, shall be governed by the Rules of the law merchant, as to days of grace, protest and notice and bills drawn and payable within this state shall be deemed inland bills, and those drawn here and payable out of this state shall be deemed foreign bills.

SEC. 2. And be it further enacted, That all other contracts in writing or the payment of money or property or performance of any duty of whatever nature shall be assignable as heretofore and the assignee may maintain such suit thereon as the obligee or payee could have done, and may sue the maker and endorsor in the same action, whether it be debt, covenant or assumpsit, provided suit be brought to the first court of the county where the maker resides to which suit can be brought and if he fails to join the assignor in the action, he shall not have an action against him, until he shall have prosecuted the maker to insolvency, to be proved by return of nulla bona or other sufficient proof and if he shall fail to sue the maker to the first court as herein provided for the endorsor shall be discharged from liability, unless suit shall be delayed by his consent and no days of grace shall hereafter be allowed on any contract, (except bills of exchange and notes payable in bank) either between the assignee and the maker, or between the assignee and assignor.

SEC. 3. And be it further enacted, That in all cases where judgment shall be rendered against maker and endorsor, it shall be rendered to be levied of the property of the principal if so much can be found, and if not then against the indorsor and execution shall issue accordingly and it shall be the duty of the sheriff to exhaust the property of the principal before he shall sell that of the indorsor and all laws contravening the provisions of this act are hereby repealed. Provided however, that notice of non payment shall only be required on bills of exchange and notes, payable in bank

Approved, January 15th, 1828.

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AN ACT, to authorise the election of a justice of the peace in the town of Columbia in Shelby county.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That there shall be an election held in the Town of Columbia in the County of Shelby on the first Monday of March next, for a justice of the peace, who shall be a citizen of said town.

SEC. 2. And be it further enacted, That the qualified electors of said town shall be competent to vote in said election.

SEC. 3. And be it further enacted, That the Justice so elected, shall be vested with the like powers receive the like fees, be liable to the same penalties, and continue in Office the same length of time that other justices do in this State.


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SEC. 4 And be it further enacted, That said election shall be held by the Sheriff of said County, who shall give at least five days previous notice by advertisment set up at some public place in said Town, of the time and place of such election and should said election not be held at the time prescribed in the first section in this act, then it shall be the duty of said Sheriff to hold it at any subsequent time giving the notice prescribed in the foregoing part of this Section.

SEC. 5. And be it further enacted, That when any vacancy shall occur in said Office, by death, resignation or otherwise such vacancy shall be filled as prescribed by the fourth Section of this act.

SEC. 6. And be it further enacted, That there shall be elected in the manner now prescribed by law, on the first saturday in February next, a constable in addition to the one now in office in beat number 6. Seventeenth Regiment of Alabama Militia, and the constable thus elected, qualified and commissioned, agreeably to law, shall be entitled to the same privileges, immunities and powers and be subject to like responsibilities and liabilities to which other constables are by law subjected and who may continue in office until the next general election of justices of the peace and constables.

Approved, January 12th, 1828.

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AN ACT, to authorise the Judge of the County Court of Monroe county and the commissioners of Roads and Revenue to levy a special tax, for the purpose therein mentioned.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the Judges of the County Court of Monroe county, and the Commissioners of Roads and Revenue be, and they are hereby authorized to levy a special tax in said county for the purpose of building a Court-House, or to purchase a suitable building for that purpose, and to make such, additions and alterations in such building as the said Judge and Commissioners shall deem proper and fit, and that said special tax, shall not exceed "thirty-seven and a half" per cent on the state tax of said county.

Approved, January 7, 1828.

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AN ACT, to give Justices of the Peace Jurisdiction of certain contracts therein named.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That from and after the passage of this act, all contracts for the payment of specific articles, or for the performance of services, when the value of the article contracted for, or of the services to be performed, does not exceed fifty dollars, shall be cognizable and determinable by justices of the peace, subject to the same rule and regulations as are now provided for by law for the trial of causes before justices of the peace, any law usage or custom to the contrary nothwithstanding.

Approved, Dec. 26, 1827.


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AN ACT, providing at what place land and negroes taken in execution, shall be sold in the county of Tuskaloosa.

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, or any other officer of Tuskaloosa county, levying on land and negroes by virtue of an execution to sell such land and negroes on the day provided by law, at the south east corner of Market and Broad streets, in the town of Tuskaloosa, to the highest bidder.

Approved, Jan. 15, 1828.

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AN ACT, better to regulate Judicial Proceedings.

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 office of the Clerk of the Supreme Court, shall be kept open during the whole of each and every day, (Sundays excepted) for the purpose of doing all necessary business with members of the bar or the persons having lawful business therein, any rule of said Clerk prescribing office hours, to the contrary notwithstanding.

SEC. 2. And be it further enacted, That if any clerk shall refuse admittance into said office, to any person or persons having lawful business to transact in said office at any time, without a reasonable cause to be judged of by the Court, such Clerk shall be fined in any sum not exceeding twenty dollars.

Approved, Jan. 15, 1828.

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AN ACT, supplementary to an act, entitled "an act, concerning executions and sales by Sheriffs, and for other purposes, "passed December 20th, 1820.

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 property, viz: One plough one pot, one oven, two water vessels, two pair of cotton cards, and all religious books, in every family in this state shall be exempt from execution, distress or levy, any law, usage or custom, to the contrary notwithstanding.

Approved, December 20, 1827.

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AN ACT, to provide the Clerks of the several counties in this state, with copies of the acts of the present, and each subsequent Congress of the United States.

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 His Excellency the Governor and his successors in office, to procure or cause to be procured, for the use of the citizens of the several counties in this state, a sufficient number of the copies of the Acts of the present and subsequent sessions of the Congress of the United States, to furnish one of the offices of the Clerks of the several county courts in this state, there to be kept for the use of the citizens of the respective counties.


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SEC. 2. And be it further enacted, That it shall be the duty of the Secretary of State for the State of Alabama, on application to give certified copies of any of the acts of the several states or of the United States, which are now or may hereafter be in his office, and the copy so certified shall be evidence in any Court of law, or equity in this State.

Approved, January 15, 1828.

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AN ACT, to authorize the County Court of Butler County to make further Sales of Lots in Greenville.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the settlement made by the Commissioners of said town and the Judge of the County Court and the Commissioners of roads and revenue of said County in pursuance of an act of the Last Session of the General Assembly, be, and the same is hereby ratified and confirmed.

SEC. 2. And be it further enacted, That the said judge and commissioners of roads and revenue shall be authorised to make sale of any lots in said town remaining unsold in such manner as they may deem most beneficial to the County, and they shall have full power to make deeds to purchasers together with all other powers heretofore vested by law in the Commissioners of said town.

SEC. 3. And be it further enacted, That all notes or bonds given for lots purchased, shall be made payable to the County Treasurer of said County for the time being and to his successors in office, and all notes or bonds now in the possession of said Judge and Commissioners or the Commissioners of said Town shall be delivered over to the County Treasurer for safe keeping and Collection and all monies arising from these sources shall be placed in the County Treasury subject to the order of the County Court for county purposes.

SEC. 4. Be it further enacted, That the appropriation of lots heretofore made by the commissioners of said town for Schools and Churches, be, and same is hereby confirmed, but no person or persons or body politic shall have authority to sell or convey any of said lots, or convert either of them to any other use than those for which they were appropriated without the consent of the County Court of said County.

SEC. 5. And be it further enacted, That the said Judge and Commissioners of revenue and roads for their services shall receive three dollars per day each during the sale of lots, and two dollars for each and every deed of conveyance executed by them to purchasers of lots and one dollar and fifty cents for each bond given for titles to be paid out of any monies arising from the sales of said lots.

Approved, December 31st, 1827.

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AN ACT, more effectually to prevent frauds and fraudulent conveyances 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 all deeds and conveyances of personal property in trust to secure any debt or debts shall be recorded in


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the office of the clerk of the county court of the county wherein the person making such deed or conveyance shall reside within thirty days or else the same shall be void against creditors and subsequent purchasers, without notice; and if any such conveyance be made of real estate, the same shall be recorded in the office of the clerk of the county court of the county wherein the estate may be situate within sixty days or the same shall be void against creditors or subsequent purchasers, without notice, any law to the contrary notwithstanding.

SEC. 2. And be it further enacted, That in all cases wherein property shall be conveyed by a deed in trust to secure any debt or debts, it shall be lawful for any person or persons not a party thereto, holding an execution against the person or persons making such deed or other conveyance in trust, to pay the debt or debts secured by such deed if he choose so to do and on paying the same the plaintiff or plaintiffs in said execution shall be placed in the same situation that the person or persons for whose benefit the trust was executed, occupied, and the said deed or other conveyance shall enure to the use and benefit of the plaintiff or plaintiffs in the execution so far as to secure him or them the amount of the debt so paid and the trustee shall be bound to execute the trust in the same manner as if the parties had not been changed, so as to secure the plaintiff or paintiffs in the said execution the amount so paid to the person or persons for whose benefit the said deed or conveyance as first executed.

SEC. 3. And be it further enacted, That such deeds and conveyances of personal estate shall be proved or acknowledged as deeds and conveyances of real estate.

SEC. 4. And be it further enacted, That this act shall not be in force until the first day of May next.

Approved, January 11th, 1828.

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AN ACT, relative to offsets, before justices of the peace, 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 from and after the passage of this act, in any trial before a Justice of the peace, in civil cases, when the defendants offset is satisfactorily proven, to be greater than the plaintiffs claim, the Justice shall give judgment in favor of the defendant, for the overplus provided it does not exceed fifty dollars. And if the overplus should exceed fifty dollars, then the Justice shall give judgment in favor of the defendant for cost. Provided, the Defendant will enter a credit on his claim for the amount of the Plaintiffs demand or give the Plaintiff a receipt for so much and provided farther, that no claim shall be allowed as a set off unless it belonged to the defendant, at the time he was sued, any law to the contrary notwithstanding.

SEC. 2. And be it further enacted, That hereafter in all civil actions brought in the circuit or county courts, when the jury shall have certified that there is a balance due to the defendant or defendants as now prescribed by law it shall be the duty of the court to enter up judgment for the amount so certified, for which execution may issue as in other cases: Provided, that this act shall not take effect until the first day of July next.

Approved, December 28, 1827.

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AN ACT, providing for the payment of Solicitors for prosecuting to conviction Slaves charged with capital offences.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That hereafter the Attorney General and the several Solicitors shall receive the same fees for prosecuting to conviction any slaves charged with capital offences, as now allowed by law in other cases, and the same shall be paid out of the fund provided for the payment for slaves punished capitally: Providing that no fee for any one conviction shall exceed ten dollars; and no fee shall be allowed by the comptroller unless the same is certified to be correct by the Judge who may preside at the trial.

Approved, January 15th, 1826.

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AN ACT, to authorise the County Court of Jackson County to Levy an extra tax.

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 of Jackson County be, and is hereby authorised to levy an extra tax for the year one thousand eight hundred and twenty-eight, subject to be applied to ordinary county purposes: Provided, the tax authoriesed by this act shall not exceed one hundred per centum on the county levy.

SEC. 2. And be it further enacted, That the County Court of said county set apart any amount of the county tax for the year 1828 not exceeding fifty dollars which shall be a fund in the County Treasury at the control of the commissioners of Jackson county with which to purchase a conductor to preserve the Court-House of said county from the effects of Lightening.

Approved, January 12th, 1828.

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AN ACT, to provide for the translation and preservation of the Spanish Records of this state.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That from and immediately after the passing of this act it shall be and is hereby made the duty of the Judge of the County court of Mobile County to transfer to the office of the clerk of the County Court of said County all the spanish Records now in the official custody of the said Judge, which shall thence forward be and remain a part of the public records of said county and duly certified Copies of the same may hereafter be received and read in evidence in any court of this state in the same manner, and with like effect, as other certified copies of Records in this state.

SEC. 2. And be it further enacted, That it shall be and is hereby made the duty of the aforesaid clerk whenever thereunto requested by any person interested in any of the aforesaid Records, to cause a faithful translation to be made to any of such Records as may be required by some properly qualified person, and to record every such translation in well bound Books to be provided by him for that purpose, and the said clerk is hereby authorised to demand and receive the following fees for the services required by this act, viz: For trans-


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lating and Recording at the rate of fifty cents for every hundred words, for certified copies at the rate of twenty-five cents for every hundred words.

SEC. 3. And be it further enacted, That the said clerk shall record in separate Books those records relating to trials and judgments in suits those relating to conveyances of Real and personal estate. And those concerning grants and concessions of lands and shall index in alphabetical order the contents of each volume.

SEC. 4. And be it further enacted, That the said clerk shall administer to each and every person employed by him to translate any of the aforesaid Records, an oath faithfully and truly to translate the same to the best of his skill and ability.

SEC. 5. And be it further enacted, That all acts and parts of acts coming within the purview and meaning of this act be and the same are hereby repealed.

Approved, January 12th, 1828.

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AN ACT relative to the satisfaction of executions.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That executions Issued by a justice of the peace shall operate as a lean on the property of the Defendant from the time of the levy and not sooner, but if more than one execution shall come into the hands of the said constable at the same time against the said defendant if all cannot be satisfied each shall be entitled to a ratable proportion of the proceeds, and if more than one execution shall come into the hands of the same constable against the same defendant at different times than the one first delivered shall be first satisfied, and to show the priority between different executions, the constable shall endorse on each the time of delivery, and whether it be the first second third &c. in hand against the same party----and the lein so created by the levy of an execution by a constable shall not beover reached, by the lein of any execution in the hands of the sheriff not previously levied.

SEC. 2. And be it further enacted, That the lein created by the delivery of an execution from a court of record, to the sheriff shall continue to bind the property of the defendant as between different judgment creditors in the courts of record of this state in the following manner, viz: If a term shall elapse after the return of the first execution, before an alias shall be sued out and delivered to the sheriff, the lein created by the delivery of the first writ of execution shall be cancelled, and of no avail, but if a term shall not have elapsed, and the alias shall be delivered, to the sheriff before the sale or property, under a junior execution in favour of another creditor the lein shall continue-notwithstanding the alias may not have been, delivered untill after such junior execution, but if such alias shall not be delivered until after the sale under such junior execution, the lein of the latter shall prevail.

SEC. 3. And be it further enacted, That if the title of the property levied on be so doubtful as to induce the sheriff to require a bond


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of Indemnity, if the party having the prior lean shall fail or refuse to give such bond, then the person having the next lean shall be authorised to give such bond and have the property sold for his benefit.

Approved, January 15th, 1828.

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AN ACT, to provide compensation for a person to transcribe and arrange the records of the clerks office, of the county courts, for the counties of Dallas and Henry.

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 lawful for the judge of the county court for Dallas and Henry counties to draw from the treasury of said counties such sum of money as the said judge, and the commissioners of roads and revenue, or a majority of them may deem a reasonable compensation to some person for transcribing and arranging the records and papers of the Clerk's office of said courts and it shall be the duty of the judge to pay the sums so drawn to the person who may perform the labor above contemplated.

Approved, Jan. 15, 1828.

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AN ACT, concerning the attendance of Jurors.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That in all cases where the term of holding the circuit courts for any county in this state, has been by law extended and no provision made for having a jury in attendance it shall be the duty of the Judge holding such court, if need be to continue the jury in attendance until the end of the term: Provided, That for the counties of Lawrence, Tuscaloosa and Lauderdale, there shall be twenty-four jurors summoned for the third week, as now provided for by law, for the first and second weeks of said courts.

Approved, Jan. 12, 1828.

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AN ACT, to authorize the Judge of the county court and commissioners of roads and revenue of Shelby county, to levy an extra tax.

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 commissioners of revenue and roads of Shelby county, be, and they are hereby authorized to levy an extra tax, on all the objects of taxation in said county not exceeding twenty-five per cent, on the State Tax for the year 1828; to be collected as other county tax are, and to be applied exclusively for the purpose of completing the public buildings in said county.

Approved, Jan. 10, 1828.

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AN ACT, concerning the registration of Deeds and Patents.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That, from and after the passage of this act, all deeds recorded within six months from the date of their execution


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shall have force and be valid and operative between the parties thereto and subsequent purchasers and creditors; and all deeds recorded after the expiration of six months shall be valid and operative from the date of their registration as to creditors and subsequent purchasers; Provided, That the same shall be valid at all times between the contracting parties thereto.

SEC. 2. And be it further enacted, That it shall and may be lawful for any person or persons having patents for lands in this state, to have the same recorded in the office of the clerk of the county court of the county, where the lands may lie, and a certified copy thereof shall be admitted as evidence in any Certified court in this state; and the record of all patents heretofore recorded shall be, and the same are hereby legalized and a certified copy thereof shall be admitted as evidence in any court in this State.

SEC. 3. And be it further enacted, That it shall be lawful for any person or persons who have failed to have deeds and conveyances of real, or personal estate recorded within the time prescribed by law, to have the same recorded within six months after the passage of this act. Provided, That such registration shall not affect the rights of creditors and purchasers which have heretofore vested.

SEC. 4. And be it further enacted, That deeds heretofore recorded, according to law, but not within the time required shall be as good and effectual as if recorded in the time required, except as to creditors or subsequent purchasers without notice.

Approved, January 15, 1828.