SATURDAY, December 8, 1827.

The House met pursuant to adjournment.

Mr. Bradford presented the petition if sundry inhabitants of township 17, range No. 1. east of the meridian of Huntsville, praying the aid of the legislature on the subject of the 16th section in said township: which was read and referred to the committee on schools, colleges, and universities and school and university lands.

Mr. Vining from the committee on schools, colleges, and universities and school and university lands, to whom was referred the petition of


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sundry inhabitants of Bibb and Shelby counties, praying a donation to be made by the state for the purpose of securing a burying ground, Reported a bill to be entitled “an act to authorize James Mahan, William Loveland, John Gardner, and Ranson Davis, to enter a certain quantity of university land, for the purposes therein mentioned:” which was read a first time and ordered to be read a second time on Monday next.

Mr. Martin from the committee on propositions and grievances, to whom was referred the memorial of Grantland & Robinson, praying to be allowed an additional sum of money to their salary as state printers, Reported that it is inexpedient to grant the prayer of the memorial.  Mr. Moore of Jack. moved that the report lie on the table: which was lost. The report was then concurred in by the House.

Mr. Ellis from the committee on enrolled bills Reported that they have examined and found correctly enrolled bills of the following titles, to wit: A memorial to the Congress of the United States to postpone the sales of the public lands in Cahawba and Tuscaloosa districts till the year 1829, which memorial originated in the Senate.  An act prescribing the mode of commencing the contest of certain elections and of procuring evidence therein.  An act to repeal in part and amend the several acts now in force relative to the port and harbor of Mobile.  An act authorizing Samuel B. Ewing administrator of Thomas Ewing deceased, to sell and transfer certain real estate.  An act to authorize the commissioners of the 16th section of the first township and 8th range west of the meridian of Huntsville situated in the county of Lauderdale, to lease said section for 99 years renewable forever.  An act to provide for the arranging, filing, and preservation of the papers relating to the unfinished business of each session of the legislature which originated in this House.

Mr. Ross from the select committee to whom was referred the memorial of the Mayor and Aldermen of the city of Mobile praying some aid from the state in the endowment of the humane charity hospital in said city, Reported a bill to be entitled “an act to aid in the endowment of a humane Charity Hospital in the city of Mobile,” which was read a first time and ordered to be read a second time on Monday next.

A message form the Senate by Mr. Crabb.

Mr. Speaker- The Senate insist upon their disagreement to the amendment made by your honorable body to the bill entitled “an act for the relief of Pleasant Wright former jailor of Greene county.”  They disagree to the amendment made by the House of Representatives to the bill entitled “an act for the relief of William Ferguson.”  The Senate concur in the resolution of your honorable body inviting them to assembly in the Representative hall on Tuesday next at the hour of 12 o'clock for the purpose of electing a state Treasurer, a Comptroller of public accounts, and an adjutant General; and have amended the same by adding thereto the words "and also Solicitors of the 4th and 5th Judicial circuits;” with a view of electing the solicitors at the same time: in which amendment they ask your concurrence.  They have also passed a bill which originated in this House entitled “an act to amend an act entitled an act to incorporate the town of Elyton in the county of Jefferson passed December 20th 1820;” in which they desire your concurrence.  They have also passed by the constitutional majority, bills which originated in the House of Representatives entitled "an at to divorce Elizabeth W. Cowell from Samuel Cowell.  An act to divorce Abraham Danner from Anna Danner.  an act to divorce William O. Russell from Nancy G. Russell.

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An act to divorce Peggy Seay from Nicholas Seay.  An act to divorce Joseph Cadole from Nancy Cadole.  An act to divorce Wm.  Travis from Elizabeth Travis & have amended the latter bill by striking therefrom the words “and that the said William be restored to all the rights and privileges of an unmarried man;” in which amendment they ask your concurrence; and also "an act to change the name of legitimate a certain person therein named.  And then he withdrew.  Ordered that the House ask here to their amendment made to the bill entitled "an act for the relief of Pleasant Wright former jailor of Greene county.  Ordered that the House insist on their amendment to the bill entitled “an act for the relief of William Ferguson.  Ordered that the House disagree to the amendment made to the resolution proposing to go into the election of a state Treasurer a Comptroller of public accounts, and an adjutant General by adding thereto the words “and also solicitors of the 4th and 5th Judicial circuits;” with a view of electing the solicitors at the same time. Ordered that the House concur in the amendments made by the Senate to the bill entitled "an act to divorce William Travis from Elizabeth Travis by striking out the words “and that the said William be restored to all the rights and privileges of an unmarried man.”

A message from the Governor by James I. Thornton, secretary of state, which is as follows:

EXECUTIVE DEPARTMENT, December 7th, 1827.

The Honorable the Speaker,

and Members of the House of Representatives.

GENTLEMEN- I beg leave to inform your honorable body that I have just received the resignation of John G. Creagh, Esq. as a member of the board of Trustees from the first Judicial circuit.

I have the honor to be, most respectfully, you ob't servant,

Signed  JOHN MURPHY.

And then he withdrew.

Ordered that the message lie on the table.  Engrossed bills of the following titles, to wit: an act to repeal the first section of an act entitled an act requiring the Judges of the circuit courts to alternate: an act to authorize the sheriff of Walker county to execute precepts issued by Justices of the peace: an act to authorize and require the sheriff of Greene county to hold a separate sale day at Springfield in said county: and, an act to divide the 22d regiment of the militia of this state: were severally read a third time and passed.  Ordered that the titles be as aforesaid. Ordered that the same be sent to the Senate for their concurrence.

Engrossed bill entitled “an act for the more speedy trial of chancery causes,” was then taken up.  Mr. Forrest moved that the bill on the table until Tuesday next: which was carried.  Engrossed bill to be entitled “an act relative to offsets before Justices of the peace” was read a third time.  Mr. Vaughan moved to amend the title of the bill by adding thereto “and for other purposes” which was carried.  The bill was then passed.  Ordered that the title be as aforesaid.  Ordered that the same be sent to the Senate for their concurrence.

Mr. Bridges from the select committee to whom was referred a bill to be entitled "an act to permit executors and administrators to sell the read estates of their testators or intestates where it may be for the benefit of the heirs, together with the proposed amendments, Reported the same without amendment, and in lieu of the proposed amendment Reported a a separate bill to be entitled “an act concerning the estates of deceased


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persons;” which was read a first time and ordered to be read a second time.  The originate bill then being under consideration, Mr. Craig moved to lay the same on the table, which was lost.  Mr. Collier then moved to amend the bill by adding thereto an additional section, and two provisos, which were adopted by the House.  Mr. Forrest then moved that the bill be referred to the judiciary committee; which was carried.

Engrossed bill from the Senate entitled “an act to amend an act entitled an act to incorporate the town of Elyton in the county of Jefferson passed December 20th, 1820,” was read a first time and ordered to be read a second time on Monday next.

Engrossed bill to be entitled “an act to change the mode of issuing process by Justices of the peace in civil causes,” was read a third time.  Mr. Acklen then moved that the further consideration of the bill be indefinitely postponed: which was carried: yeas 31- nays 28.  The yeas and nays being desired, those who voted in the affirmative are,

Messrs Acklen, Bell, Bradford, Bridges, Clark, Collier, Conner, Craig, Daniel, Davis, Durrett, Edmondson, Forrest, Jack, Lewis, Martin, McVay of Law. Massey, McRae of mon. Moore of Jack. Moore of mad. Perkins, Price, Ross, Robertson, Russell, Sibley, Smith of Clark, Stone, Vining, Ward-31.

Those who voted in the negative are,

Messrs. Speaker, Anderson, Brown, Broadnax, Bonnell, Cook, Dennis, Duke, Ellis, Greening, Harris, Higgins, Kelly, Lawler, McVay of Laud. McRae of Frank. Rainey, Rather, Sargent, Sharp, Smith of mad. Tarver, Terry, Vaughan, Walker, Walthal, Weisinger, Wiggins- 28.

Mr. Ellis who voted in the majority moved to reconsider the vote taken on the passage of a bill entitled “an act relative to offsets before Justices of the Peace and for other purposes,” which was carried.  The bill then being under consideration, Mr. Ellis moved to amend the same by way of engrossed ryder by adding after the word "dollars” the following; “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 plaintiff's demand, or give the plaintiff a receipt for so much: and Provided further, that no claim shall be allowed as a setoff, unless it belonged to the defendant at the time he was sued.  Mr. McVay of Laud. moved to amend the bill by way of the following engrossed ryder: “Provided that this act shall not take effect until the first day of July next:” which was adopted. The bill was then passed. Ordered that the title be as aforesaid.  Ordered that the same be sent to the Senate for their concurrence.

Engrossed bill form the Senate entitled “an act relative to the satisfaction of executions,” was then taken up.  Mr. Kelly moved that the bill be referred to the Judiciary committee: which was carried.

Engrossed bill from the Senate entitled “an act to amend an act entitled an act excluding from suffrage, serving as Jurors, and holding offices, such persons as be convicted of bribery, forgery, perjury, and other high crimes and misdemeanors;” was then taken up.  Mr. Forrest moved that the further consideration thereof be indefinitely postponed: which was lost.  The bill was then read a second time and ordered to be read a third time on Monday next.

Mr. Bridges offered the following resolution: Resolved that it is the opinion of this House that each county in this state is entitled, agreeable to the constitution, to at least one representative.  Mr. Greening moved


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that the resolution lie on the table till Monday next: which was carried.

Bills of the following titles, to wit: an act to amend and explanatory of an act entitled an act to authorize William H. Ragsdale and his associates to turnpike a road therein specified, passed 14th January 1826; an act amendatory of the common law as hereinafter provided: an act relative to the sheriffs' sales; an act to revive and continue in force an act passed the 31st day of December, 1822, entitled an act to incorporate the town of Jonesborough in the county of Jefferson: a joint resolution requiring the Comptroller of public accounts to furnish the tax collection and county court clerks with a certified copy of the revenue laws of this state: an act to amend an act to authorize clerks and magistrates to collect costs in certain cases: were severally read a second time and ordered to be engrossed for a third reading.

Engrossed bill from the Senate entitled “an act to amend an act entitled an act to incorporate the town of Florence in the state of Alabama,” was read a third time and passed.  Ordered that the title be as aforesaid. Ordered that the clerk acquaint the Senate therewith.

A bill to be entitled “an act to regulate the inspection of tobacco in this state,” was referred to the select committee to whom was referred that part of the Governor's message which relates to agriculture.

Mr. Higgins presented the account of John Martin, sheriff of Montgomery county, which was read and referred to the committee on accounts.  And then the House adjourned until Monday morning 10 o'clock.