[No. 1.]

AN ACT

To change the times of holding the County Courts of the County of Franklin.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the county courts of the county of Franklin shall hereafter be holden on the first Mondays in February and August, in each and every year, and may continue in session one week but no longer.

Sec. 2  And be it further enacted, That all processed which have or may issue, returnable to the December term , of said court is hereby made returnable to the first Monday in February next, and shall have the same force and effect, as though this change had not been made.

Sec. 3.  And be it further enacted, That all laws and parts of laws, coming within the purview and meaning of this act, be and the same are hereby repealed.

Approved, November 22, 1833.

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[No. 2.]

AN ACT

To provide further for taking the Census of Coosa county

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That Ausburn Coker be and he is hereby appointed to take the census of Coosa county, agreeable to the provisions of the laws of this State, and he is hereby required as soon as practicable to take the census of the inhabitants of said county, and make return thereof to the present session of the General Assembly.

Approved, November 28, 1833

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[No. 3.]

AN ACT

To authorize Town Constables to execute process issue 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 hereafter it shall be lawful for the constable now or who may hereafter be elected for any incorporated

(Information lost due to printing of original book)


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counties in this State; Provided, that before any such constable shall be authorized as aforesaid, he shall be required to take the oaths and execute bond before the judge of the county court, under the same rules and regulations as required of other constables: and provided further, that such town constable shall be subject to all laws and penalties provided for other constables in this State.

Approved, December 7th, 1833.

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[No. 4.]

AN ACT

Making appropriation for printing, binding and delivering the Digest of the Laws 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 sum of three thousand eight hundred and eighty-five dollars and sixty-eight cents, be and the same is hereby appropriated to Alexander Tower of Philadelphia as a compensation for printing, binding and delivering three thousand copies of the digest of the laws of Alabama, pursuant to an act of the last General Assembly and that the same be paid out of any monies in the treasury not otherwise appropriated, upon the warrant of the governor.

Approved, December 10th, 1833

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[No. 5.]

AN ACT

Concerning Escheats.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That any sum or sums of money which may hereafter be recovered by the several escheators of the State, shall be paid by them into the county Treasury of the county where the same shall or may be escheated.

Sec. 2.  And be it further enacted, That the said escheators shall be entitled to their usual fees and commissions out of the aforesaid sum or sums of money.

Approved, December 16, 1833.

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[No. 6]

AN ACT

To change the time of holding the County Courts of the county of Benton.

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 county courts of the county of Benton, shall be held on the second Mondays in January and July, and shall continue in session until all the business is disposed of.

Sec. 2.  And be it further enacted, That all precepts and process made returnable to the present term of said court be, and the same are hereby made returnable to the terms as provided for in this act.


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Sec. 3  And be it further enacted, That all laws contravening the provisions of this act are hereby repealed.

Approved, December 18, 1833.

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[No. 7.]

AN ACT

To provide for compensating the different Census Takers in the year 1833.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That a sum of money sufficient to defray the several claims on the State Treasury, for taking the census of this State for the present year, be and the same is hereby appropriated to be paid to the several claimants according to the rates established by law, and the certificate of the Secretary of State as to the number enumerated in each county, out of any money in the Treasury not otherwise appropriated.

Approved, December 23, 1833

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[No. 8.]

AN ACT

Further to provide for the sale of the 400,000 Acres of Land, granted to this State for Internal Improvement

Section 1.  .Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the settlers or occupants on any of the donated lands for the improvement of the navigation of the Tennessee river, shall be entitled to a preference of entering the same from the passage of this act until the first day of July next, and after thirty days from the first of July, the Register of the Land Office at Courtland, shall on the application of any occupant or settler, permit the entry of one eighth quarter sections by lines running east and west or north and south, running said lines with the variations known in the Huntsville Land district; which may be subject to sale in the said land office at Courtland, at a price not less than one dollar and twenty-five cents per acre, and after sixty days from the first day of July, any person making application shall be entitled to enter any lands unsold in quantities of one eighth quarter section, in the manner pointed out in this act.

Sec. 2.  And be it further enacted, That said register shall in all other respects be governed by the same laws heretofore passed, in force in said office.

Approved, December 27, 1833.

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No. 9.]

AN ACT

To compel the attendance of Jurors summoned at the instance of Tennessee Canal Commissioners 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, each and every Juror who may be summoned in pursuance of the


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fifth section of an act entitled an act for appointing canal commissioners for the improvement of the navigation of the Tennessee River and for other purposes, approved January 30th 1830and who shall fail to attend in persuance of said summons shall forfeit and pay the sum of twenty dollars, for which the justice of the peace, issuing the summons for the juror in said mentioned act, shall enter judgment and issue execution unless the juror making default shall, within ten days after such failure shew good cause to the contrary, which said fine shall be paid into the State Treasury for the use of the State.

Sec. 2.  And be it further enacted, That the commissioners are hereby authorized to loan to the contractors the ten per cent, retained in the hands of the commissioners,  out of the amount of work done, as collateral security for the completion of their contracts, in an equal ratio for work done by each contractor; provided however, that said contractors shall give bond and security to the satisfaction of the commissioners, to refund said sum of money so loaned at such time as the commissioners may deem expedient.

Sec. 3.  And be it further enacted, That each juror who shall be summoned and serve under the provisions of this act, shall be entitled to, and receive the same compensation for his services as is by law, now allowed to jurors serving in the several circuit and county courts in which he may reside, to be paid by the canal commissioners out of the canal fund.

Approved, January 1, 1834.

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[No. 10]

AN ACT

To add a part of the County of Montgomery to the County of Macon.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That all that part of Montgomery county lying north of the middle fork of Line creek, known as McCullock=s creek, from the juntion of the same with Town creek to the Pike county line, be added to the county of Macon.

Approved, January 1, 1834

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[No. 11]

AN ACT

Regulating the mode of taking Constable=s Bonds.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That whenever any constable shall be hereafter elected, he shall, before he enters on the duties of his office, enter into bond with at least two sufficient securities, to be approved by the judge of the county court of the county where he may be elected; conditioned that he will pay over all monies collected by him in virtue of his office, and otherwise faithfully discharge all the duties required of him by law.


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Sec. 2.  And be it further enacted, That whenever it is made known to the judge of the county court, that the bond or security of any constable in his county is not sufficient or solvent, the said judge shall notify such constable to renew his bond, and should such constable fail to do so within ten days after notice served on him, his office shall be vacated and the judge shall order the proper officer in such constable=s beat to hold an election for a constable as now provided for by law.

Sec. 3.  And be it further enacted, That hereafter it shall not be required of any constable to renew his bond annually, as now provided by law.

Approved, January 1, 1834.

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[No. 12.]

AN ACT

For the relief of Master Builders and Mechanics 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 from and after the first day of March next, master builders and mechanics of every denomination contracting in writing to put up and erect buildings of every description, shall have a lien in the nature of a mortgage upon the tract, parcel or lot of land upon which such building or buildings shall be put up and erected as well as upon the said building or buildings, until the price or compensation for services and for materials found shall be fully paid and satisfied, unless a contrary stipulation be made and agreed upon at the time it is entered into; provided always, that such lien shall not have a priority over bona fide mortgages or legal incumbrances existing anterior to the time of the contract being made if the said mortgages and incumbrances shall be duly recorded according to law.

Sec. 2.  Be it further enacted, That every contract made and entered into as aforesaid, shall be recorded in the office of the clerk of the county court for the county where such buildings as aforesaid shall be erected and put up within the space of thirty days after the erection of the same, or otherwise the said lien shall cease and be inoperative.

Sec. 3.  And be it further enacted, That when suit shall be brought by any master builder or master builders mechanic or mechanics upon any contract made, executed and recorded as aforesaid and a judgment or decree shall be rendered in favor of such master builder or mechanic, execution for the amount of the same may be levied upon the tract, parcel or lot of land upon which such building or buildings have been put up and erected, as well as upon the buildings and improvements thereon erected and made and all the right, title and interest which the defendant had in and to the said tract, parcel or lot of ground at


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the time the contract was entered into as well as the buildings and improvements erected and made thereon, may be sold to satisfy such judgment or decree; provided nevertheless, that nothing in this act contained shall prevent such master builder or mechanic from levying his said execution upon any other property belonging to the person or persons against whom such judgment or decree shall have been rendered.

Sec. 4.  And be it further enacted, That an act passed 15th June, 1821, entitled an act for the relief of master builders and mechanics of the State of Alabama, together with all other acts coming within the purview and meaning of this act be and the same are hereby repealed, saving and reserving however to master builders and mechanics, all the legal rights which they have acquired under the act aforesaid, provided that nothing in this act shall prevent the owner of said lot or land from relieving said building from the lien by giving good security for the price of the building.

Approved, January 1, 1834.

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[No. 13]

AN ACT

To change times of holding the County Courts in the County of Marion.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the county courts of Marion county shall here- after be held on the second Monday in March and August, in each and every year in lieu of the times now fixed by law.

Sec. 2.  And be it further enacted, That all precepts and process, issued and made returnable to said court as now fixed by law, are hereby made returnable to the terms of said court as fixed by this act.

Approved, January 3, 1834

[No. 14]

AN ACT

To repeal in part, an act approved on the 2d January 1833, requiring the Judge of the County Court of Covington and Blount Counties, to reside within five miles of the County Site.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That so much of the above recited act, as requires the judge of the county court of Covington County to reside within five miles of the county site be, and the same is hereby repealed.

Approved, January 3, 1834

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[No. 15]

AN ACT

To fix the number of Jurors to be drawn for the Circuit Court of Jefferson 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 there shall be drawn and summoned, in the manner now prescribed by law, thirty-six jurors for each term of the circuit court of Jefferson County.


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Sec. 2.  And be it further enacted, That the jurors, drawn and summoned to attend the circuit and county courts of the county of Jefferson, shall receive for their services one dollar per day each, and four cents for every mile they may travel in coming to the same.

Approved, January 3, 1834

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[No. 16]

AN ACT

Making an appropriation for the payment of the Members and Officers of the present General Assembly

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 thirty thousand dollars be, and the same is hereby appropriated for the payment of the members and officers of the present general assembly, to be paid out of any money in the treasury not otherwise appropriated.

Approved, January 11, 1834.

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[No. 17.]

AN ACT

Further to provide for the payment of Grand and Petit Jurors in the counties of Shelby, St. Clair and Barbour.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That in addition to the law now in force to provide for the payment of grand and petit jurors in the county of Shelby, that it shall be the duty of the judge of the county court together with the commissioners of revenue and roads of the counties of Shelby, St. Clair and Barbour, at their first meeting in each and every year to levy a special tax, not to exceed fifty per cent on the State tax for the purpose of paying the grand and petit jurors attending the several courts of said counties.

Sec. 2.  And be it further enacted, That it shall be the duty of the assessor and tax collector of said counties, to assess and collect said taxes at the same time and in the same manner that the State and county taxes are collected by law, and when collected pay the same over to the county Treasurer, for which services he shall receive five per centum on the amount so collected and paid over.

Sec. 3  And be it further enacted, That it shall be the duty of the county treasurer, to keep said fund separate from all other funds of said counties, and immediately after the adjournment of each term of said courts to pay to each and every juror the amount for which he may produce the clerks certificate of his attendance.

Sec. 4.  And be it further enacted, That it shall be the duty of the county treasurer of said counties, to make out and lay before the county court on or before their first meeting in each and every year, a full expose of the amount received by them


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under this act, the payment made there from and the balance on hand, and for each failure so to do they shall forfeit and pay the sum of twenty dollars to be recovered before any justice of the peace to be applied to county purposes.

Sec. 5.  And be it further enacted, That all laws and parts of laws contravening the provisions of this act are hereby repealed.

Approved, January 11, 1833.