MONDAY, December 10, 1827.

The House met pursuant to adjournment.

Mr. Craig from the committee on roads, bridges and ferries, to whom was referred the petition of Eldrige Mallard, Reported a bill to be entitled “an act authorizing the heirs, representatives and associates of John Byler deceased, to erect a gate on the road know by the name of Byler's turnpike road,” which was read a first time and ordered to be read a second time on tomorrow.

Mr. Moore of Jack. from the committee on the state Capitol to which was referred a resolution authorizing said committee to inquire into the expediency of annexing lots No. 128 and 129, in the plan of the town of Tuscaloosa to the capitol square, and if expedient to report the best method to obtain them a fee simple title,  Reported that they are of opinion that the addition of said lots to the Capitol square is expedient and that the best method to obtain a sufficient title to lot No. 128 is to direct some process in the nature of a writ of ad quod damnum, because from the best information your committee has been able to obtain, William Lewis, the proprietor, from views of speculation, asks for said lot $5,000, a sum far beyond its value.  Your committee recommend the purchase of lost NO. 129 as they are informed it may be had at a fair price; and to obtain a title to No. 128, Reported a bill to be entitled "an act to condemn a lost in the town of Tuscaloosa for the use of the state," which was read a first time and ordered to be read a second time tomorrow.

Mr. Bridges presented the petition of the Judge of the county court and commissioners of roads and revenue of Wilcox county, praying the passage of a law to refund to Wilcox county a certain sum of money therein mentioned out of the state Treasury; which was read and referred to the committee on accounts.

Mr. Greening from the Judiciary committee to whom was referred the petition of Adam Shuffield, Reported that it is inexpedient to legislature on


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the subjects embraced in the petition; in which report the House concurred.

Mr. Greening from the Judiciary committee to whom was referred the petition of sundry inhabitants of Lauderdale county praying the passage of a law modifying the punishment for the crime of forgery, Reported a bill to be entitled “an act altering the punishment for forgery and counterfeiting in certain cases;” which was read a first time and ordered to be read a second time on tomorrow.

Mr. Greening from the Judiciary committee to whom was referred a resolution instructing them to inquire into the necessity of passing a law defining in what cases and in what amount, deductions shall be made from the salaries of public officers for neglect of duty, asked leave to be discharged from the further consideration thereof; which was granted.

Mr. Greening from the Judiciary committee to whom was referred a bill to be entitled “an act to repel an act passed the 12th day of January 1827, entitled an act to require additional services to be performed by the Judge of the first judicial circuit,” Reported the bill with an amendment.  Mr. Ross moved that the report lie on the table: which was lost. The report was then concurred by the House, and the amendment adopted.

Mr. Craig from the committee on roads, bridges, and ferries to whom was referred a resolution and sundry petitions, instructing them to inquire into the expediency of enacting a general law, authorizing the county courts of roads and revenue, to change or turn state roads which may run through their respective counties, when such change shall be obviously essential to the improvement of said roads, and shall in noway interfere with the public utility of the same, Reported a bill to be entitled “an act to authorize county courts to change state roads in certain cases;” which was read a first time and ordered to be read a second time on tomorrow.

Mr. Kelly from the Judiciary committee to whom was referred a resolution instructing them to inquire into the expediency of establishing one or more additional circuits, Reported a bill to be entitled “an act to establish two additional circuits;” which was read a first time and ordered to be read a second time on tomorrow.

Mr. Greening from the select committee to which was referred several bills providing for the payment of Jurors, Reported as a substitute in lieu thereof, a bill to be entitled “an act to provide for the compensation of Jurors;” which was read a first time and ordered to be read a second time.

The original bills were laid on the table.

Mr. Moore of Mad. obtained leave to introduce a joint resolution proposing certain amendments to the constitution of the state of Alabama, in relation to the election of senators and representatives to the General Assembly; which was read a first time and the question being put, shall this resolution be read a second time: it was determined in the negative.

Mr. Acklen from the select committee to which was referred the petition of William Kelly praying a further compensation for his services at Nickajack, in ascertaining and running the dividing line between this state and the state of Georgia, Reported a bill to be entitled “an act to amend the third section of an act passed at the last session of the legislature to compensate the commissioners appointed by the Governor for ascertaining and marking the permanent boundary line between this state and the state of Georgia,” which was read a first time and ordered to be read a second time on tomorrow.


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Mr. Cook from the select committee to which was referred the petition of sundry persons praying the passage of an act to limit the civil jurisdiction of Justices of the peace to the districts in which then are elected, asked leave to be discharged from the further consideration of said petition, that subject having been already before the House: which was granted.  The House then proceeded to the order of the day.

A resolution proposing that each county in this state is entitled agreeable to the constitution to at least one representative, was then taken up, and the question being put, shall this resolution be adopted?  it was determined in the negative.  Yeas 24- nays 35.  The yeas and nays being desired, those who voted in the affirmative are,

Messrs. Anderson, Bridges, Bonnell, Clark, Conner, Dennis, Duke, Greening, Higgins, Jack, Kelly, Lawler, Lewis, McRae of mon. McRae of Frank. Moore of mad. Sargent, Sharp, Stone, Walker, Walthal, Ward, Weisinger- 24.

Those who voted in the negative are,

Messrs. Speaker, Acklen, Bell, Bradford, Brown, Broadnax, Collier, Cook, Craig, Daniel, Davis, Durrett, Ellis, Edmondson, Forrest, Harris, Martin, McVay of Laud. McVay of Law. Massey, Moore of Jack. Perkins, Price, Rainey, Rather, Ross, Robertson, Russell, Sibley, Smith of Clarke, Smith of mad. Terry, Vaughan, Vining and Wiggins- 35.

The House then adjourned till tomorrow morning 10 o'clock.