An act to appoint Commissioners to fix the place for the permanent site of justice for the county of Clark.
Section 1. Be in enacted by the Legislative Council and house of Representatives of the Alabama Territory, in General Assembly convened, That Lemuel J. Alston, Alexander Kilpatrick, Joseph Hearn, Solomon Boykin, William Coleman, William Anderson and William Goode, sen'r., be, and they are hereby appointed commissioners; and they, or a majority of them, are hereby empowered to fix the site of justice for said county of Clark, and to contract for and receive titles to not less than two, or more than one hundred and sixty acres of land, and to receive titles for the same in the name of the Chief Justice of the Orphans Court of said county, and his successors in office, for the use of said county, for the purpose of erecting thereon a court house, Jail and Pillory.
Sec. 2. And be it further enacted, That the said commissioners or a majority of them, shall have power to contract for, direct, and superintend the building of a strong and sufficient Jail, and a court house, of such dimensions as they shall agree upon : Provided the said commissioners or a majority of them shall agree
upon a plan for the said buildings, and advertise the same at least thirty days at three or more of the most public places in the said county; and shall contract for the erection thereof, with the lowest bidder, who shall be required to enter into bond with good and sufficient security for the faithful performance of the contract.
Sec. 3. And be it further enacted, That the county court of said county are authorised to levy a special tax to pay for building the court house and Jail of the said county: Provided the tax so levied shall not exceed the amount of the Territorial tax.
Sec. 5. And be it further enacted, That the superior court of the said county shall have power to adjourn the court to such place as they may deem most convenient and advisable, until such time as the public buildings shall be erected.
An act to amend the laws creating a tax on lands,
Section 1. Be it enacted by the Legislative Council and House of Representatives of the Alabama Territory, in General Assembly convened, That hereafter, the tax on land purchased of the United States, shall be proportioned to the number of installments, paid by the proprietor at the time of assessment, as well as to its class or quality, and if one installment only be paid to the government, one fourth, only of the amount of tax accruing, by the laws of the
territory, on land of the same quality, shall be assessed, or collected; and in like proportion when a second or third installment shall have been paid.
Sec. 2. And be it further enacted, That the Assessor and collector of taxes for the county of Montgomery, for the year 1818, be authorised and required, to pay over to all and every person or persons having a right to the same all such sum or sums of money, as may have been demanded and received by him of such persons, over and above the amount which would have been due and payable, as their respective tax on land, according to the provisions of this act; and said assessor and collector shall be entitled to be reimbursed any monies, so by him paid over, out of the Territorial treasury.
An act concerning the middle District
Section 1. Be it enacted by the Legislative Council and house of Representatives of the Alabama Territory, in General Assembly convened, That the counties of St. Clair and Autauga be and they are hereby annexed to, and made part of the middle District, and it shall be the duty of the Attorney General of said District to at-
tend the several superior courts required by law to be holden in said counties.
An act supplemental to the laws now governing Judicial proceedings.
Section 1. Be it enacted by the Legislative Council and House of Representatives of the Alabama Territory, in General Assembly convened, That whenever it shall hereafter become necessary for want of personal property, to levy an execution issued by a justice of the peace on land, it shall be the duty of the officer levying such execution, to return the same to the next superior court of his county, and such court shall on motion of the Plaintiff and it appearing by an exhibition of the proceedings before the justice, that the same have been regular, order a sale of such land, or whatever part thereof may be necessary to satisfy such execution.
Sec. 2. And be it further enacted, That whenever it shall be made appear to the satisfaction of any county court, that the estate of any deceased person, or those who are entitled to inherit the same, will be less injured by a sale of the land, or part thereof, for the payment of debts, than by a sale of slaves, such court may on the petition of any party interested, cause a citation to issue to all other interested persons if in the county, or when that is not
the case by publication of notice in some paper for such interested party or parties to appear, at the next county court, and show cause if any they can, why sale of the land belonging to the estate so situated should not be ordered, and on the return of such citation made known or proof of the publication of the notice hereby required, at the next term of such county court, if no cause be shewn which the court deem sufficient such court may order sale of such land, or whatever part thereof as may be necessary to satisfy debts, without a sale of negroes; and such sale shall vest in the purchaser the same title in law or equity of which such decedent died possessed.
Sec. 3. And be it further enacted, That hereafter, on the rendition of a judgment, by any court of record, or Justice of the peace, if the plaintiff or other credible person make affidavit that the defendant or defendants hath or have no property within the knowledge of such affiant, in his or their possession, and that such affiant hath just reason to believe that another person or persons is or are indebted to such defendant or defendants, or hath or have effects of such defendant or defendants in his or her hands, it shall be lawful for such court or justice to cause the person or persons supposed to be indebted to, or supposed to have any of the effects of said defendant or defendants, to be summoned to appear forthwith, before such court or justice, as a garnishee or garnishees, and said court or justice shall examine and proceed against such garnishee or garnishees in the same manner required by law, against garnishees in original attachments.
Sec. 4. And be it further enacted, That all executions required to be issued on a return in vacation, shall bear teste on the return day of the last execution.
Sec. 5. And be it further enacted, That all
judgments shall hereafter bear interest from their date at the rate established by law for contracts specifying no rates.
Sec. 6. And be it further enacted, That there shall be appointed in each county, two justices of the Quorum, in addition to the number now authorised and required by law: Provided that any three justices of the Quorum, shall be authorised to hold a county or orphans court.
Sec. 7 And be it further enacted, That when a writ or other process shall issue to the sheriff of the county, where the defendant resides, service of such writ or other process shall be good and valid, if the said sheriff shall execute the said writ or other process in any adjacent county, or in land to which the Indian title has not been extinguished, and return the same to the court from which the writ or other process issued.
Sec. 8. And be it further enacted, That any person or persons may be sued in the county in which he, she or they may be found without regard to his, her or their residence, if oath be made before the clerk issuing the writ, or any justice of the peace; that such person or persons hath or have gone from the county of his, her or their residence, for the purpose of avoiding service of process in their proper county.
Sec. 9. And be it further enacted, That when a witness whose testimony may be material in any action or suit pending before any of the justices of the Quorum or of the peace of this Territory, resides at such a distance from the county wherein such suit may originate, as to render the obtaining of his testimony doubtful according to the ordinary mode of procedure; or shall reside without the limits of the Alabama Territory; it shall and may be lawful for such justices of the Quorum or of the peace, before whom such suit may be pending, on the affidavit of the party desirous of availing himself
of the testimony of such absent witness, stating the materiality of the testimony to grant and to issue a DEDIMUS POTESTATEM, to be directed to one or more persons resident in the county where such absent witness resides, requiring him or them to execute such Dedimus; which dedimus shall be subject to the same regulations and be governed by the same restrictions and provisions, as are already provided by law for cases originating in the superior courts of law of this Territory, and to stay all proceedings pending before him or them, until a sufficient length of time, to execute such Dedimus shall have elapsed: any law or provision to the contrary notwithstanding.
Sec. 10. And be it further enacted, That in all cases pending before any of the courts of record in this Territory, written notice to the attorney of record of litigant parties in any suit or suits pending as aforesaid, shall be as valid and legal to all intents and purposes, as if served on the party in person.
An act to alter and establish the boundary lines between the counties of Autauga & Dallas.
Section 1. Be it enacted by the Legislative Council and house of Representatives of the Alabama Territory in General Assembly convened, That all that tract of country lying west of the
Alabama and south of Mulberry creek, not included in any other county, shall be added to and made a part of Dallas county.
An act for the benefit of certain persons therein named, and to provide a contingent fund.
Section 1. Be it enacted by the Legislative Council and House of Representatives of the Alabama Territory, in General Assembly convened, That Lemuel & Williams Alston be & they are hereby allowed the sum of two hundred & twenty-eight dollars, in full compensation for house rent, fuel and furniture during the present session: And that the sum of thirty dollars be and the same is hereby allowed to Francis Lyon, in full compensation of his services as engrossing clerk at the present session, to be paid out of any monies in the treasury not otherwise appropriated.
Sec. 2 And be it further enacted, That a sum not exceeding five thousand dollars, be and the same is hereby appropriated to the order of his Excellency the Governor, as a contingent fund.
Sec. 3. And be it further enacted, That the sum of fifteen dollars be allowed Lemuel J. Al-
ston, jr. for his services as assisting engrossing and enrolling clerk.
An act providing for the compensation of the convention.
Section 1. Be it enacted by the Legislative Council and House of Representatives of the Alabama Territory, in General Assembly convened, That in case a convention should be authorised by act of Congress, to meet and to form a constitution and state government, for the Territory of Alabama, before the next meeting of the Legislature, the President, members and other officers of such convention, shall be entitled to receive for their services, the same daily compensation, and the same traveling expenses, as are allowed by law, to the members and other officers of the Legislative Council and House of Representatives, to be paid out of the Treasury, on the certificate of the President of the said Convention.
A resolution to increase the compensation of the secretary, clerks and door-keepers.
Be it Resolved by the Legislative Council and House of Representatives of the Alabama Territory, in General Assembly convened, That the secretary and clerk shall receive seven dollars per diem, and the engrossing clerks five dollars per diem, and the doorkeepers of the two houses four dollars per diem, each, as full compensation for their services the present session.
Resolution for the relief of William D. Gaines.
Resolved by the Legislative Council and House of Representatives of the Alabama Territory, in General Assembly convened, That William D. Gaines be allowed the sum of forty-six dollars and twelve and a half cents, for stationary furnished the two houses during the present session to be paid out of any monies in the Treasury, not otherwise appropriated.