[32]

An act to divorce Gray Syms from his wife Catharine Syms.

Section 1. Be it enacted by the Legislative Council and House of Representatives of the Alabama Territory, in General Assembly convened, That Gray Syms be, and he is hereby divorced from the bonds of matrimony heretofore subsisting between him and Catharine Syms his wife.

(Signed)

J. W. WALKER

Speaker of the house of Representatives.

JAMES TITUS

President of the Legislative Council.

Approved 20th November 1818

WM. W. BIBB

Governor of the Alabama Territory.

 

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An act to increase the compensation of the Public Printer.

Section 1. Be it enacted by the Legislative Council and House of Representatives of the Alabama Territory, in General Assembly convened, That in full compensation for all the duties required by law of the Public Printer, he shall be entitled to receive two dollars and twenty five cents for each page contained in one copy of the Laws, one copy of the Journals of the


[33]

House of Representatives & one of the Journals of the Legislative Council, any law to the contrary notwithstanding.

Sec. 2. And be it further enacted, That there shall be printed one thousand copies of the Acts, of the present session, and three hundred copies of the Journals of this House, and one hundred copies of the Journals of the Legislative Council, which shall be distributed among the several counties agreeably to law.

Sec. 3. And be it further enacted, That the time for completing the printing shall be extended to one month after the adjournment of each session of the Legislature.

(Signed)

J. W. WALKER

Speaker of the house of Representatives.

JAMES TITUS

President of the Legislative Council.

Approved 20th November 1818

WM. W. BIBB

Governor of the Alabama Territory

_________________________

 

An act to authorise David Norris to manumit his negro woman slave Nancy.

Section 1. Be it enacted by the Legislative Council and House of Representatives of the Alabama Territory, in General Assembly convened, That David Norris be, and he is hereby authorised to manumit, and set free, his negro woman slave Nancy, so soon as the said David Norris shall have executed to the chief Justice of the Orphans Court of Monroe county, and his successors in office, a bond with sufficient security, to be approved by the said Orphans court, conditioned, that the said female slave Nancy, shall never become chargeable to the


[34]

Alabama Territory or any county or town therein.

(signed)

J. W. WALKER

Speaker of the house of Representatives.

JAMES TITUS

President of the Legislative Council.

Approved 21st November 1818

WM. W. BIBB

Governor of the Alabama Territory.

 

____________________

 

An act to divorce John Barron from his wife Clarissa Barron.

Section 1. Be it enacted by the Legislative Council and house of Representatives of the Alabama Territory, in General Assembly convened, That John Barron be, and he is hereby divorced from the bonds of matrimony heretofore subsisting between him and Clarissa Barron his wife.

(signed)

J. W. WALKER

Speaker of the house of Representatives.

JAMES TITUS

President of the Legislative Council.

Approved 21st November 1818

WM. W. BIBB

Governor of the Alabama Territory.

 

_____________________

 

An act to regulate Sales at Auction.

Section 1. Be it enacted by the Legislative Council and House of Representatives of the Alabama Territory, in General Assembly convened. That from and after the first day of March next, there shall be levied, collected and paid upon all sales by way of Auction, as hereafter described, which shall be made within the Alabama Territory, the respective rates and du-


[35]

ties following (to wit). The sum of one dollar for every hundred dollars of the purchase money arising by sale at Auction of goods, wares and merchandise; and the sum of twenty-five cents for every hundred dollars of the purchase money arising by sale at auction of ships or vessels; and at the same rate for any greater or lesser sum, except as hereinafter excepted the said respective rates and duties to be paid by the Auctioneer or person making such sales at Auction, out of the monies arising from each and every such sale: Provided always, that nothing in this act contained shall extend to any sale or sales by Auction, of goods, wares or merchandise, made pursuant to, or in execution of any rule, order, decree, sentence or judgment of any court of the Alabama Territory, or made in virtue or by force of any distress for rent, or other cause for which a distress is allowed by law or made in consequence of any Bankruptcy, or insolvency, pursuant to any law concerning bankruptcies or insolvencies, or made in consequence of any general assignment of property and effects, for the benefit of creditors; or made by or on behalf of executors or administrators; or made pursuant to the directions of any law of the Alabama Territory, touching the collection of any tax or duty, or disposal by Auction of public property of the United States, or of the Alabama Territory; nor to any such sale or sales by Auction, of ships or vessels, their tackle, apparel and furniture, or the cargoes thereof which shall be wrecked or stranded, within the Alabama Territory and sold for the benefit of the insurers or proprietors thereof.

Sec. 2. And be it further enacted, That no person after the first day of March next, shall exercise the trade or business of an Auctioneer by the selling of any goods, wares or merchan-


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dise, whatsoever, by Auction, or any other mode of sale, whereby the best or highest bidder is deemed to be the purchaser, unless such person shall have a license, issued pursuant to the directions of this act, on pain of forfeiting for every such sale at Auction, the sum of twenty dollars, together with the sums or duties payable by this act, upon the goods, wares and merchandise so sold : Provided however, that nothing herein contained shall be construed to require a license for the sale at auction of any estate, goods, chattels or other thing which by this act are not made liable to duty, or exempted from duty.

Sec. 3. And be it further enacted, That the Governor of the Alabama Territory, shall grant licenses to such persons in each and every county or corporate town as he may think proper, for a term not exceeding two years, at any one time, to exercise the trade or business of an Auctioneer, and such licenses may and shall renew: Provided however, that no such license shall be granted or renewed, until the person or persons applying for the same, shall have become bound to the Alabama Territory, with one or more sureties to the satisfaction of the Governor, or the person performing the duty of Governor, in the sum of not more than three thousand nor less than five hundred dollars, at the discretion of the Governor, or person issuing the license - conditioned that he will on the first day of January and July, in each year, while he shall continue to exercise the said trade or business, render to the person or persons, who, under this act, shall be authorised to receive the same, a true and particular account in writing, of the monies or sums for which any goods, wares and merchandise made liable to duty by this act, have been sold at every sale at Auction by him made, and of the several ar-


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ticles, lots and parcels which shall have been sold the price of each article, lot or parcel in every such sale, by whom bought; that is to say - first from the date of such bond until such of the aforesaid days as shall accrue next thereafter, and thenceforth from the day to which an account shall have been last rendered until such of the said days as shall next thereafter ensue, and so on in succession, from one of the said days to another, so long as he shall continue to exercise his said trade or business; and also shall pay over all such sums of money as may arise upon said sales, in manner as shall be hereinafter provided, which sums he is hereby authorised and directed to retain out of the produce of each sale made as aforesaid.

Sec. 4. And be it further enacted, That the accounts to be rendered, and the duties to be from time to time paid as aforesaid , by any Auctioneer, shall be rendered and paid to the tax collector of that county, in which such sale shall have been made, and every Auctioneer shall make oath or affirmation according to the best of his knowledge and belief to the truth of every account which he shall render before the officer to whom such account shall be rendered, and who is hereby authorised to administer the said oath or affirmation; in default of which, such account shall not be deemed to be duly rendered, according to the condition of the bond of such Auctioneer: and to the end, that such accounts may be accurately kept and rendered, it is hereby made the duty of every Auctioneer, to enter from day to day, as often as any sale shall be made, in a book, or on paper, to be kept by him for that purpose, the amount and particulars of the respective sales by him made, which book or paper, shall at all reasonable times, upon request made, be submitted for examination to the of-


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ficer to whom the account is to be rendered and duties paid, on pain of forfeiting for every refusal to comply with such request, the sum of twenty dollars.

Sec. 5. And be it further enacted, That every Auctioneer out of the proceeds of the duties which he shall retain and pay as aforesaid, shall be allowed a commission of one per centum upon the amount thereof, for his trouble in and about the same.

Sec. 6. And be it further enacted, That if any Auctioneer shall willfully swear or affirm falsely, touching any matter herein before required to be verified by oath or affirmation, he shall suffer the pains and penalties which, by law are prescribed for willful and corrupt perjury, and shall moreover forfeit his office, and be incapable of afterwards holding any office under the Alabama Territory.

Sec. 7. And be it further enacted, That it shall be the duty of the tax collectors aforesaid, in their respective counties and they are hereby authorised to collect the duties imposed by this act, and to prosecute for the recovery of the same, and for the recovery of any sum or sums which may be forfeited by virtue of this act, and pay the same into the Territorial Treasury; and all fines, penalties and forfeitures which shall be incurred by force of this act, shall and may be sued for and recovered in the name of the Alabama Territory, or of the tax collector within whose county any such fine, penalty or forfeiture shall have been incurred, by bill, plaint or information, one moiety thereof to the Territory, and the other moiety thereof to the use of the person who, if a tax collector shall first discover, if other than a tax collector, shall first inform of the cause, matter or thing, whereby any such fine, penalty or forfeiture, shall have been incurred, before any court of


[39]

law within the Alabama Territory, having jurisdiction thereof.

(signed)

J. W. WALKER

Speaker of the house of Representatives.

JAMES TITUS

President of the Legislative Council.

Approved 21st November 1818

WM. W. BIBB

Governor of the Alabama Territory.

 

____________________

An act to alter the times of holding the Superior courts in the counties of Limestone, Cotaco, Lawrence, Franklin and Lauderdale.

Section 1. Be it enacted by the Legislative Council and House of Representatives of the Alabama Territory, in General Assembly convened, That the superior courts in and for the county of Limestone, shall be holden on the fourth Mondays in April and October; the superior courts in and for the county of Cotaco, shall be holden on the first Mondays in May and November, the superior courts in and for the county of Lawrence, shall be holden on the second Mondays in May and November, the superior courts in and for the county of Franklin, shall be holden on the third Mondays in May and November, and the superior courts in and for the county of Lauderdale, shall be holden on the fourth Mondays in May and November.

Sec. 2. And be it further enacted, That the foregoing section shall not be in force till the first day of June next.

Sec. 2. And be it further enacted, That the counties of Cotaco, Lawrence and Franklin, shall be bounded on the south by the southern


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boundary of the eighth township, from the northern boundary of the Territory.

(Signed)

J. W. WALKER

Speaker of the house of Representatives.

JAMES TITUS

President of the Legislative Council.

Approved 21st November 1818

WM. W. BIBB

Governor of the Alabama Territory.

 

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