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[No. 18.]

AN ACT

To amend the different acts establishing a Land Office at Courtland.

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 register of the land office at Courtland, may have advertised or shall hereafter advertise lands for sale for non-payment of any of the instalments due thereon, and which were, or may not be sold for want of bidders or from any other cause, it shall be the duty of the said register, to permit the re-entry of such lands under the rules and regulations now prescribed by law, giving to the first purchaser of said land, or his assignee, or their heirs, for ninety days after such forfeiture, the pre-emption right to enter such lands, on payment of the money due thereon with all costs which may have accrued.

Sec. 2.  And be it further enacted, That the repealing clause of the act, establishing Aikin=s digest, shall not be so construed as to include the acts heretofore passed, for the sale and entry of lands at the land office at Courtland; but that the said acts relating to the said donation lands be, and the same shall be in full force, although not included in said digest.

Approved, January 11, 1834.

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[No. 19.]

AN ACT

To amend regulate the weighing of Cotton in the City of Mobile and for other purposes an act, to.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the mayor and aldermen of the city of Mobile, may appoint as many cotton weighers as they may deem necessary to accommodate the public interest, provided always that each cotton weigher thus appointed, shall before he enters upon the duties of his office, take and subscribe before the mayor an oath, faithfully to discharge the duties of his office and enter into bond with one or more securities in the penal sum of five hundred dollars, conditioned for the faithful discharge of his duties as cotton weigher, payable to the mayor and aldermen and their successors in office.

Sec. 2.  And be it further enacted, That it shall not be lawful for any other person or persons to act as public weigher of


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cotton in the city of Mobile; and any person violating the provisions of this act, shall be fined in a sum not exceeding fifty dollars for each and every offence, to be recovered before the mayor of said city, or any justice of the peace residing within the same; one half for the use of the informer and the other half for the benefit of the city hospital.

Approved, January 11, 1834

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[No. 20.]

AN ACT

To change the time of holding the County Court of Morgan County.

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 court of Morgan county shall commence on the fourth Monday in January and July, in each and every year, instead of the times as now prescribed by law, and the said court may continue as long as the business may require.

Sec. 2.  And be it further enacted, That all writs and other process, issued and made returnable to said court as now fixed by law, shall be returnable at the court as changed by this act in the same manner as if they had been so issued.

Approved, January 11, 1834.

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[No. 21.]

AN ACT

To change the time of holding the County Courts of Dallas County

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 Dallas shall hereafter commence and be holden on the fourth Mondays in February and August; and that all process, which may have issued to the terms of said court as heretofore appointed by law, shall be considered as returnable to the terms appointed by this act.

Sec. 2.  And be it further enacted, That all laws and parts. of laws contravening the provisions of this act be, and the same are hereby repealed.

Approved, January 13, 1834

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[No. 22.]

AN ACT

To permit the entry of certain lands therein named at the Land Office at Courtland.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That Thomas H. Thatch, William Sandifer and Robert A. High, be and they are hereby appointed commissioners, whose duty it shall be after being duly sworn before some justice of the peace in Limestone county, to go on the south east quarter of Section fourteen in township five and range four west, and affix a value upon it, which valuation


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they shall return sealed up an certified by themselves, to the register of the land office at Courtland; upon which the said Register shall permit the entry of said land, under the same laws and regulations that now govern the entry of lands included in the donation, made by the general government for the improvement of the navigation of the Tennessee &c.: Provided, said land has been selected as a part of the four hundred thousand acres, so donated.

Sec. 2.  And be it further enacted, That the commissioners, appointed by the first section of this act, shall each be entitled to demand and receive of the register of the land office, at Courtland, three dollars for the services required of them by this act, so soon as their certificate of valuation shall have been received by said register, to be paid out of the proceeds of the sale of said donated lands.

Approved, January 13th, 1834.

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[No. 23.]

AN ACT

To amend the laws in relation to Constables.

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, to whom an execution shall have been delivered, shall fail to make the money on or before the return day thereof, it shall be lawful for the plaintiff or plaintiffs, his or their agent or attorney, to notify said constable and his security or securities or any or either of them in writing, that he or they will on the day mentioned in said notice, (which shall in no case be less than five days from its service, move the justice of the peace who issued any such execution for judgment against him or them for the amount of said execution and costs; and the said justice shall, on satisfactory proof being  made that said notice has been served five days previous to the return day thereof, proceed to hear and determine said cause. And should it appear on trial, that the said money could have been made with due diligence, the said justice shall proceed to give judgement against said constable and his securities that may have been served with notice, for the amount of such execution and costs thereon; and issue execution for the same.

Sec. 2.  And be it further enacted, That all laws and parts of laws contravening this act be, and the same are hereby repealed, and this act shall be in force from and after the first day of March next: Provided, that nothing in this act shall be so construed as to prevent any person from moving against constables in the circuit or county courts as heretofore.

Approved, January 13, 1834


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[No. 24.]

AN ACT

To change the time of holding the county Courts in certain counties therein named.

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, in the county of Pike, shall hereafter commence on the second Mondays in June and December; in the county of Barbour on the third Mondays in .June and December, in the county of Henry on the fourth Mondays in June and December, and in the county of Dale on the first Monday after the fourth Mondays in June and December.

Sec. 2.  And be it further enacted, That all process now or hereafter made returnable to any of the county courts above mentioned, at the first term thereof by the existing laws, shall be returnable to the first courts as changed by this act, and shall be proceeded on as though made returnable thereto.

Sec. 3.  And be it further enacted, That all laws, contravening the provisions of this act, be and the same are hereby repealed, provided that this act shall not have effect in the county of Barbour, before the first day of March next.

Approved, January 14th, 1834.

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[No. 25.]

AN ACT

To authorize the summoning of a Jury for the fourth and fifth weeks of the Circuit Court of Mobile 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 hereafter the clerk of the circuit court of circuit court the county of Mobile, shall, when in his opinion the business of the court may require it, make out a venire for the fourth and fifth weeks of the court, and in such case the sheriff shall summon a jury for said weeks in manner hereafter prescribed by law.

Sec. 2.  And be it further enacted, That hereafter the presiding judge of said circuit court shall, at each and every term of the same, try causes in the following order, viz: first, appeals from justices of the peace; second, all civil causes upon the trial docket of said court shall be called and disposed of in regular order as they stand for trial: but the State docket. shall be called and disposed of in regular order as they stand for trial: but the State docket shall be taken up on the first Monday of the second week of each term, and continued until the business thereon shall be disposed of, after which the residue of all civil causes on the trial docket of said court, shall be taken up, tried, dismissed or continued; then motions shall be heard and determined, and the term shall close with the trial of chancery causes: Provided that by agreement and consent of the judge, any case may be tried out of its order.

Approved, January 14th, 1834


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[No. 26.]

AN ACT

To attach a part of the County of St. Clair to Jackson County.

Sec. 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That hereafter, all that part of St. Clair county, beginning due south of William Davis, at the present boundary line of Jackson and St. Clair counties, and running a straight direction to Raizen Rowlings, so as to include said Raizen Rowlings in Jackson county, thence due east to the State line of Georgia; thence along said line until it strikes the present boundary line of Jackson county, shall be and compose a part of the county of Jackson.

Sect. 2.  And be it further enacted, That all laws contravening the provisions of this act be, and the same are hereby repealed.

Sec. 3.  And be it further enacted, That it shall be the duty of the colonel of the 63rd regiment of Alabama militia, to lay off into one or more company beats according to the number of persons liable to do militia duty in the territory added to Jackson county by this act, which shall be added to and form a part of said regiment, and organize the same according to the existing laws; and when said company or companies are so organized, the captains or commanding officers of said company shall proceed to hold an election for justices of the peace and constables within said company or companies: Provided, that the said company or companies shall not be required to attend the regimental and battalion musters of the regiments to which they are attached by this act.

Approved, January 14, 1834

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[No. 27.]

AN ACT

To organize the Militia of certain Counties, therein named.

Sec. 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 militia of the several counties, herein named, shall be organized in the following manner, to wit: the county of Russell, shall compose the sixty-fifth regiment; the county of Macon, the Macon sixty-sixth regiment; the county of Tallapoosa, the sixty seventh regiment; the county of Coosa, the sixty-eighth regiment; the county of Chambers, the sixty-ninth regiment; the county of Talladega, the seventieth regiment; the county of Randolph the seventy-first regiment; the county of Benton, the seventy-second regiment

Sec. 2.  And be it further enacted, That the brigadier

[Lost information due to printing]


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several counties, herein after attached to his brigade, for the election of a colonel, to command the several regiments, so formed and attached.

Sec. 3.  And be it further enacted, That the colonel, commanding the several regiments, herein named, shall proceed forthwith to organize their several commands, in the following manner, to wit: the colonel commanding, shall appoint two house holders, together with himself, who shall have power to divide said regiments into two battalions, as near equal in territory and population, as may be, and shall proceed to organize the battalions in each regiment, under the militia laws now in force, and the officers commanding battalions, shall proceed in like manner, to organize their respective commands.

Sec. 4.  And be it further enacted, That the several regiments herein named, shall form a part and be attached to the following brigades, to wit: the regiment, composed of the counties of Tallapoosa and Chambers, shall be attached to the fifteenth brigade; the regiments composed of the counties of Randolph, Talladega, Coosa and Benton, shall be attached to the third brigade.

Sec. 5.  And be it further enacted, That the election of all officers, both military and civil, heretofore elected, and all official acts, in any of the counties mentioned by this act, be and the same are hereby legalized, and the governor is hereby authorized to commission them in the same manner, as though they had been elected under the provisions of this act.

Sec. 6.  And be it further enacted, That the sixty-first regiment, in the county of Russell, and the sixty-sixth regiment in the county of Macon, shall be attached to the thirteenth brigade; the sixtieth regiment, in the county of Covington, to the eighth brigade; the forty-ninth regiment, in the county of Barbour, to the eleventh brigade, and all that part of the Cherokee Nation, attached to the county of St. Clair, be constituted a regiment, to be known, as the seventy-fourth regiment of the seventh division of Alabama militia.

Sec. 7.  And be it further enacted, That all acts, and and parts of acts, contravening the provisions of this acts be the same are hereby repealed.

Approved, January 15, 1834

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[No. 28.]

AN ACT

To change the time of holding the County Courts of Autauga County.

Section 1.  Be it enacted by the Senate and House of Representatives, of the State of Alabama in General Assembly convened,

[lost information due to printing]


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for the trial of all civil causes, shall be holden on the third Mondays in February and August, in each and every year; and to continue in session six judicial days, should the business of said courts require the same: provided, however, that this act shall not be so construed as to take effect until after the next term of the county court to be holden in February next.

Approved, January 16, 1834

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[No. 29.]

AN ACT

To provide a more summary mode of collecting money from Clerks.

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 clerk of the county court, in each county, to render on or before the first Monday in November, in each year to the county treasurer of his county a report on oath in writing of all the licenses granted by the county court together with all the licenses that he may have issued to hawkers and pedlars from which any revenue may have accrued to the county from the time of giving in the same the preceeding year.

Sec. 2.  And be it further enacted, That it shall, in like manner, be the duty of the clerk of the circuit court in each county to render to the county treasurer of his county on or before the first Monday in each and every year, a report on oath in writing of all money which he may have collected by virtue of his office and which is due to his county.

Sec. 3.  And be it further enacted, That if any clerk shall fail or neglect to make such report to the county treasurer of his county on or before the first Monday in November in each and every year, he shall forfeit and pay the sum of five hundred dollars to be recovered on motion of the county treasurer to the county or circuit court on giving to the clerk one days notice of such motion and the court shall render judgment against the clerk and his securities or any or either of them.

Sec. 4.  And be it further enacted, That should any clerk neglect or refuse to pay to the county treasurer of his county the amount of money so reported by him to be due to his said county, it shall be the duty of the county treasurer to proceed against such clerk by motion in the county or circuit court as prescribed in the third section of this act, and the court shall render judgment against the clerk and his security or any or either of them, for the amount of money reported to be due to the county together with ten per centum upon the amount as damages.

Sec. 5.  And be it further enacted, That in all cases where money shall be paid to the clerk of any court the party, entitled to receive it, shall have the same remedy for its recovery and


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the same damages for its detention as are now provided and allowed by law for money paid to clerks on execution, and it is hereby expressly made the duty of all clerks to receive and account for all such sums of money, as may be paid to them by either party as well after as before the issuance of execution.

Sec. 6.  And be it further enacted, That all laws, contravening the provisions of this act, be and the same are hereby repealed; provided, always that no judgment shall be rendered against any security or securities of a clerk as contemplated and provided for by this act, unless one day=s previous notice be given to such security or securities, that a motion will be made for that purpose.

Approved, January 16, 1834

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[No. 30.]

AN ACT

To authorize the President of the Senate and Speaker of the House of Representatives to issue certificates of election to the President and Directors of the Bank of the State of Alabama and the several branches thereof.

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 be made the duty of the President of the senate, and speaker of the House of Representatives, to cause a correct list, of such person or persons as may be elected, by a joint vote of both Houses of the General Assembly, as President and Directors of the Bank of the State of Alabama or any branch thereof, and shall certify the same to be duly elected, and sign their names officially thereto and cause the same to be attested by the secretary of the senate and clerk of the House of representatives, transmitted to the cashier of the proper bank.

Sec. 2.  And be it further enacted, That it shall be the duty of the cashier of said Bank upon the receipt of such certificate, immediately to issue notice to each person so elected, and shall request said persons to attend at a stated hour at the banking house for the purpose of organization as a board, and take the necessary oaths of office.

Approved, January 16, 1834

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[No. 31.]

AN ACT

To apportion the Representatives among the several Counties in this State and to divide the State into Senatorial Districts according the late census.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the representatives of the several counties shall be apportioned at a ratio of twenty-four hundred and eighty white inhabitants to a representative, and shall be apportioned among the several counties in the following manner to wit: to the county of Jackson, six representatives; to the county of Madison, five representatives; to the county of Limestone, three to the several counties.


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representative of the county of Lauderdale, four representatives; to the county of Franklin, two representatives; to the count of Lawrence, four representatives; to the county of Morgan, three representatives; to the county of Blount, two representatives; to the county of Walker, one representative; to the county of Marion, one representative; to the county of Fayette, two representatives; to the county of Jefferson, two representatives; to the county of Tuscaloosa, four representatives; to the county of Pickens , three representatives; to the county of Sumpter, one representative; to the county of Greene, three representatives; to the county of Perry, three representatives; to the county of Bibb, two representatives; to the county of St. Clair, two representatives; to the county of Dallas, three representatives; to the county of Marengo, two representatives; to the county of Wilcox, two representatives; to the county of Lowndes, three representatives; to the county of Montgomery, three representatives; to the county of Monroe, two representatives; to the county of Clarke, one representative; to the county of Washington, one representative; to the county of Mobile, two representatives; to the county of Baldwin, one representative; to the county of Conecuh, one representative; to the county of Butler two representatives; to the counties of Covington and Dale one representative; to the county of Henry, two representatives; to the county of Pike, one representatives and the counties of Macon and Tallapoosa, one representative; to the county of Barbour, one representative; and to the counties of Russell and Chambers, one representative; to the county of Autauga, three representatives; to the county of Benton, one representative; to the counties of Talladega and Randolph, one representative; to the counties of Shelby and Coosa, two representatives.

Sec. 2.  And be it further enacted, That the counties of Jackson, Madison, Limestone, Lauderdale, Franklin, Lawrence, Morgan, Pickens, Tuscaloosa, Greene, Perry, Bibb Blount, St. Clair, Autauga, Dallas, Lowndes, Montgomery, and Wilcox, shall each form a senatorial district; Marion and Fayette, one; Walker and Jefferson, one; Marengo and Sumter, one ; Clarke and Monroe, one; Mobile, Baldwin and Washington, one; Conecuh and Butler, one ; Covington, Dale and Henry, one; Pike, Macon and Tallapoosa, one; Barbour, Russell and Chambers, one; Shelby and Coosa, one; Benton, Talladega, and Randolph, one.

Sec. 3.  And be it further enacted, That the sheriffs of the counties of Fayette, Jefferson, Marengo, Monroe, Mobile, Butler, Henry, Pike, Barbour, Shelby and Talladega, shall be the returning officers of their respective districts, and the sheriffs


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of the other counties of said districts shall make returns to said returning officers within ten days after each senatorial election.

Approved, January 16, 1834

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[No. 32.]

AN ACT

Making it the duty of the Commissioners of Roads and Revenues of certain counties therein named, to select one quarter section of land for the use of said counties.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the commissioners of roads and revenue in the counties of Barbour, Russell, Chambers, Macon, Tallapoosa, Coosa, Talladega, Benton, Randolph and Sumpter be and they are hereby appointed agents to select one quarter section of land within and for the said counties, in pursuance to an act of Congress, passed on the twenty-sixth of May, 1824, granting to the counties and parishes of each State and Territories in the United States, where the public lands are situated, pre-emption rights to one quarter section of land, in trust for, the said counties and parishes respectively, for the establishment of seats of justice therein.

Sec. 2.  And be it further enacted, That the said commissioners, or a majority of them, shall so soon as they obtain legal titles to the said quarter section of land, proceed to offer for sale the same in such manner as they may think advisable,. and best calculated to promote the true interest of, said counties, and shall be and they are hereby authorized and empowered to make titles to the same.

Sec. 3.  And be it further enacted, That the said commissioners or a majority of them, be and they are hereby authorized to procure by loan or otherwise, the amount of money necessary to pay for and obtain titles to the said quarter section of land and they are hereby authorized to retain so much of the money arising from the sale of the said land as may be sufficient to discharge the principal and interest of the amount procured by said commissioners.

Sec. 4.  And be it further enacted, That the said commissioners shall be required to pay into the county treasury all monies arising from the sales of said lands, after retaining the purchase money aforesaid, to be applied to the use of erecting the public buildings in the respective counties, before mentioned, except the county of Barbour, in which case it shall be the duty of said commissioners to pay the proceeds as above provided for, over to the commissioners appointed under an act of the legislature, and authorize to contract for the building of a court house and jail in said county, whose duty it shall be to apply it in like manner as other monies raised for the same pur-


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pose, and to keep a fair shewing of all sums received and expended as provided for by this act.

Sec. 5.  And be it further enacted, That it shall be the duty of said commissioners to make the selections herein contemplated as soon as practicable, and obtain titles to the same in conformity to the act of congress aforesaid.

Sec. 6.  And be it further enacted, That should the selection in the county of Barbour be made, so as to include the town of Irwinton or any part thereof, then and in that case it shall be the duty of said commissioners or a majority of them to affix a fair and intrinsic valuation upon al improvements that may be situated upon any of the lots in said town.

Sec. 7.  And be it further enacted, That it shall be the duty of said commissioners to affix a valuation of fifty dollars up on each and every lot in said town, upon which there is an improvement, and then set all the lots up at public sale to the highest bidder, and in case the claimants for such lots should not become the purchasers thereof, then and in that case it shall be the duty of said commissioners to pay all money arising from such sale, over the sum of fifty dollars, to such claimants as above described; said sum does not exceed the amount of valuation on said lots, and property; and in case of such excess, it shall be the duty of said commissioners to pay the same over to the commissioners appointed under a former act, to contract for the building of the court house and jail in said county of Barbour.

Sec. 8.  And be it further enacted, That the said commissioners shall be entitled to receive as compensation for their services in selecting and selling the said quarter sections of lands five per centum upon the whole amount of sales.

Sec. 9.  And be it further enacted, That the said commissioners shall take and subscribe the following oath before they enter on the discharge of their duties as prescribed by this act. That you and each of you do solemnly swear (or affirm as the case may be) that you will faithfully discharge all the duties herein assigned you, to the best of your ability, so help you God. Which oath shall be filed in the clerk's office of the county courts of the respective counties named in this act: Provided, that should there not be any commissioners of roads and revenue in any of the above named counties, it shall be the duty of the judge of the county court to perform all the duties required in this act of the commissioners.

Approved, January 16, 1834