ACTS

OF THE SECOND SESSION

OF THE

GENERAL ASSEMBLY OF ALABAMA.

An Act to alter and enlarge the terms of certain Circuit Courts in this State.

Section 1. BE it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the Circuit Court in the county of Madison shall commence on the first Mondays in February and September, and the term shall be three weeks each; in the county of Jackson on the fourth Mondays in February and September, and the terms shall be one week each; in the county of Cotaco on the first Monday in March and the first Monday after the fourth Monday in September; in the county of Blount on the second Monday in March and the second Monday after the fourth Monday in September; in the county of St. Clair on the third Monday in March and the third Monday after the fourth Monday in September; in the county of Shelby on the fourth Monday in March and the fourth Monday after the fourth Monday in September; in the county of Limestone on the second Mondays in March and October; and each term shall be two weeks; in the county of Lawrence on the fourth Mondays in March and October, and each term shall be two weeks; in the county of Lauderdale on the second Mondays after the fourth Mondays in March and October; in the county of Franklin on the third Mondays after the fourth Mondays in March and October; in the county of Marion on the fourth Mondays after the fourth Mondays in March and October; in the county of Pickens on the fifth Mondays after the fourth Mondays in March and October.

Sec. 2. And be it further enacted, That the circuit courts in the county of Montgomery, shall be held on the second Mondays in February and August; in the county of Autauga on the third Mondays in February and August; in the county of Dallas, on the fourth Mondays in February and August, and may continue in session two weeks; in the county of Wilcox on the second Mondays in March and September; in the county of Butler on the third Mondays in March and September; in the county of Henry, on the fourth Mondays in March and September.

Sec. 3. And be it further enacted, That the circuit courts in the county of Conecuh, shall hereafter be held on the third Mondays in March and September; in the county of Monroe, on the fourth Mondays in March and September, and may continue two weeks; in the county of Clark, on the second Mondays in April and October and may be held two weeks; in the county of Washington on the fourth Mondays in April and October and may continue two weeks; in the county of Baldwin on the second Mondays in May and November; and in the county of Mobile, on the third Mondays in May and November.


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Sec. 4. And be it further enacted, That from and after the passage of this act the term of the supreme court shall commence on the second Mondays in June and December, in each and every year.

Sec. 5. And be it further enacted, That all process now or hereafter made returnable to any of the said courts, at the first time thereof by the present law, shall be returned to the first term of said courts, as changed by this act, and shall be proceeded on as though made returnable thereto.

Sec. 6. 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.

Sec. 7. And be it further enacted, That the Governor be, and he is hereby authorized forthwith to issue a writ of election to some fit persons in the county of Pickens, requiring them to hold an election at the different places of holding the general elections in said county, for the purpose of electing a sheriff, clerk of the circuit and of the inferior court, and make return to the persons so elected, agreeable to the Constitution and the election laws of this State, to be commissioned accordingly; and the inferior court for said county shall commence on the fourth Monday in February, May, August and November.

Sec. 8. And be it further enacted, That the militia of the county of Pickens, compose the thirty-fourth regiment and be attached to the fifth brigade of the militia in this State.

Sec. 9. And be it further enacted, That the county courts in the county of Dallas shall hereafter be holden on the first Mondays in February, May, August and November, and that this section of this act, shall commence and be in force from and after the first day of January next.

Sec. 10 And be it further enacted, That in all jury trials, either party may and shall have the rights to a peremptory challenge of four of the jury.

Sec. 11. And be it further enacted, That hereafter it shall and may be lawful to try offenders by indictment in all cases which are now required by law to be tried on presentment.

Sec. 12. And be it further enacted, That hereafter, each and every grand juror, and juror of the original pannel, shall be entitled to receive one dollar for each and every day he may serve as such, and mileage as heretofore allowed; which shall be paid out of any monies in the county Treasury on the certificate of the clerk, of his having served as such; and in case there should not be funds in the county treasury for the payment of such demands the certificate of such juror shall be receivable by the collector of taxes for county purposes, in their respective counties.

[Approved Dec. 21st, 1820]

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An Act to establish a State University.

Section 1. BE it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That a Seminary of Learning be ad the same is hereby established to be denominated "The University of the State of Alabama."

Sec. 2. And be it further enacted, That three commissioners shall be appointed by the Governor, within each county wherein any of the lands reserved by the United States for a Seminary of Learn-


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ing may be situated, who shall enter into bond with sufficient security to the Governor and his successors in office for the faithful performance of their duty, whose duty it shall be to lease the said lands, which leasing shall be for the term of one year from the first day of January next; and shall be done at public auction, offering the said lands in convenient tracts, and in such way as may be deemed most advantageous to the state, and also giving advertisement in the nearest public paper, of the lands so to be offered at least two weeks previous to the offering of the same: Provided, that no improved land shall lease for a less price than two dollars per acre, for the said term of one year.

Sec. 3. And be it further enacted, That the said Commissioners are hereby authorized and required, as soon as may be, to employ the county surveyor, or some suitable surveyor to admeasure the improved land as aforesaid, and to make report of the condition of the same under the direction of the said commissioners, to be returned to them with a plat of the said improved lands; the expence to be paid out of the rent of the lands.

Sec. 4. And be it further enacted, That it shall be the duty of the commissioners appointed by virtue of the third section of this act to take bond with sufficient security for every such lease payable to the Governor and his successors in office, and to deposit the same with the Comptroller, and to take covenants from the several lessees against the commission of waste, or suffering the same to be committed; and for delivering possession at the expiration of the lease; and it shall also be the duty of the said commissioners to visit the several tracts reserved within their counties respectively at least once in every period of six months for the purpose of preventing waste or trespasses from being committed; and it shall be their duty to give in formation of all waste or trespasses on said lands, to the Solicitor of the circuit in which such lands shall be , whose duty it shall be to prosecute the same.

Sec. 5. And be it further enacted, That any person or persons who may, after the first day of January next, unlawfully enter upon, and destroy any timber or improvements on any of the lands granted to this state for a Seminary of learning, shall on indictment and conviction, be fined in treble the amount of the damages, to be assessed by a jury, which fine shall be applied to the land herein before provided, for the purposes of the said University.

Sec. 6. And be it further enacted, That the Commissioners appointed in virtue of the third section of this act, shall receive a commission of four per centum on the amount of all sums for which they shall return bonds taken by them for leases of lands, as full compensation for all services.

Sec. 7. And be it further enacted, Tat the same proceeding may be had and before the same jurisdiction for enforcing the payment of any of the bonds or securities, that may be taken in virtue of this act, as is authorized by law in the case of defaulting collectors of the public taxes, and it shall be the duty of the officer who prosecutes for the state, for the recovery of the revenue against defaulting collectors to prosecute for the recovery of the arrears of rent under this act.

Sec. 8. And be it further enacted, That all prosecutions under this act shall be carried on as other prosecutions in the name of the state of Alabama, and it shall be the duty of the Solicitors of the several circuits in this state upon information of said commissioners to


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prosecute such offenders and to receive the fines imposed by this act, and pay the same into the public treasury.

SEC. 9. And be it further enacted, That all persons who hold or have received any rent or money accruing on the sixteenth sections, previous to the first day of January 1820, be and they are hereby required to pay or deliver over the same to the agents of the sixteenth sections, in their respective townships, elected according to the provisions of the act to provide for leasing, for a limited time, the lands reserved by the Congress of the United States, for the support of schools within each township in this state, for a Seminary of learning, and for other purposes: And in case of refusal or neglect so to do, the said agents are hereby, authorized and directed to instruct the Solicitor of their respective circuits to proceed to the recovery of the same any law, usage or custom, to the contrary notwithstanding: And the Solicitors of the different circuits are hereby authorized and required to commenced suit agreeable to such instructions.

Sec. 10. And be it further enacted, That the Commissioners appointed under this act, shall have the power to apply so much of the rent arising, from any tract of cleared land as may be sufficient to put the same under a good and lawful fence, provided nothing in this act shall be so construed as to operate on any parcel of cleared land which may be under a good fence at the time the same shall be offered for lease.

[Approved, Dec. 18th, 1820.]

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An Act to regulate the proceedings in suits at Common Law.

Section 1. BE it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That when any person or persons holding a bond or note for the direct payment of money may desire to bring suit thereon, he or they may do so, by filing such bond or note with the clerk or any court having jurisdiction thereof, with a petition purporting as follows, "State of Alabama, Circuit or County Sct. A. B. plaintiff states that he holds a bond or note, (as the case may be) on the defendant C. D. in substance as followeth (here insert a copy of the bond or note) yet the said debt remains unpaid wherefore he prays judgment for his debt and damages for the detention of the same together with his costs, &c. A. B."

Sec. 2. And be it further enacted, That if such bond or note is held by an assignee or indorsee , then, after reciting the bond or note "on which is the following assignment or indorsement, (recite the assignment or indorsement) whereby the plaintiff hath become the proprietor thereof, of which the defendant hath had due notice."

Sec. 3. And be it further enacted, That a copy of the petition with a summons annexed thereto, requiring the defendant to appear and answer the demand on the first day of the next succeeding term, which shall be issued by the clerk, and served by the sheriff by delivering a copy of the petition and summons to the defendant and each of the defendants if there be more than one.

Sec. 4. And be it further enacted, That the sheriff in his return shall note the day on which it shall have been executed and whenever it shall appear therefrom that it has been executed five days or more before the return day, judgment may be rendered the first term


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subject however to be continued for cause shown; but if the process be not executed five days before the return day thereof , a continuance shall be entered unless a trial shall be had by consent of parties.

Sec. 5. And be it further enacted, That the petition shall stand in place of a declaration, and the defendant may appear and plead thereto as in an action of debt and issue be joined accordingly; which issue shall stand over to, and be tried at, the next term of the court term by consent of the parties, but if the defendant does not appear and please, judgment may be taken by default.

Sec. 6. And be it further enacted, That it shall be lawful in all actions of debt, assumpsit, and covenant to take judgment at the return term thereof, but the defendant may upon filing a plea to the merits, have the suit continued.

Sec. 7. And be it further enacted, That in all cases when judgment passes against the defendant at the first term, such judgment from the date thereof shall be a lien on the estate of the defendant; but execution shall not issue thereon, until the expiration of sixty days after the end of said term.

Sec. 8. And be it further enacted, That if the defendant shall before execution issues on such judgement tender to the clerk of the court where the judgment was rendered good and sufficient security, to be approved of by the said clerk for the amount of the judgment, interest and costs of suit, the clerk shall take a recognizance to the effect following:

"Whereas A. B. plaintiff at the ______term of________ court obtained a judgment against C. D. defendant for the sum of ______debt _______interest or damage, (as the case may be) and __________cost of suit: or if the judgment be in damages therefor, the sum of ______damages and ________ costs of suit; and whereas the said C. D. hath tendered E. F. to be bound with him to the said A. B. for the amount of the said judgment interest and costs. I , G. H. clerk of said court, do hereby accept for the said A. B. the following recongizances, to wit : We the said C. D. and E. F. hereby acknowledge ourselves to be bound to the said A. B. in the said sum of ______debt ______interest or damage and ______costs of suit; or damages and cost of suit (as the case may be) and the further sum of _______for taking this recognizance, to be paid to the said A. B. six months after the date hereof, with interest thereon from the date of said judgment ; and if we shall delay payment thereof, for the space of sixty days after the said term of six months then execution is to issue against our estates or bodies , as the said A. B. may direct for the amount of this recognizance with interest as aforesaid. Signed, sealed and delivered in the presence of the said G. H. clerk of _______C. D. L.S. E. F. L. S. which recognizance shall have the force and effect of a judgment and execution may issue thereon as upon other judgments but after the execution of be recognizance as aforesaid, the lien created by the judgment shall cease.

Sec. 9. And be it further enacted, That the said recognizance may be satisfied and discharged by the payment of the amount thereof to the clerk of said court, at any time before execution issues thereon, and by paying one half per centum thereon to said clerk for his trouble in collecting and securing the money. And upon the payment thereof, the clerk shall in the presence of the said defendant, his


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agent or attorney, enter on said recognizance satisfaction in full and carefully file and preserve the same among the papers of the suit. And he shall also execute to the defendant a receipt in full upon such payment.

Sec. 10. And be it further enacted, That if any clerk shall fail to pay over the plaintiff money received as aforesaid when required he shall pay the same with six per cent per month thereon, to be recovered by motion, upon ten days notice thereof before said court with such costs as may be awarded against him.

Sec.11. And be it further enacted, That nothing in this act contained shall be so construed as to take away any remedy or defence heretofore allowed by law. Nor shall this act be otherwise construed than as remedial statute.

Sec. 12. And be it further enacted, That the clerk shall be allowed for issuing a summons and copying the petition fifty cents, and for taking recognizance under this act fifty cents, and for receiving and paying over money to the plaintiff one half per centum thereon, to be taxed in the bill of costs.

[Approved, Dec. 20th, 1820.]

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An Act concerning Writs of Error.

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 clerks of the circuit courts in this state respectively on the application of the party against whom any final judgment shall have been rendered, or on the application of the attorney of the said party, to issue a writ of Error returnable to the first day of the next term of the Supreme Court, and also to issue a citation which shall be served upon the opposite party or his attorney, by the proper officer of the court at least ten days previous to the commencement of the next term of the supreme Court, which citation shall be returned to the office of the clerk from which it issued whenever served, whether in vacation or term time, and shall, together with a transcript of the record in the cause be delivered to the party applying for the writ of error, or his, or her, or their attorney to be by him, or her or them returned to the first day of the next term of the Supreme Court, and in case the transcript of the record, in the cause below should not be delivered to the clerk of the Supreme Court on or before the third day of the term to which the writ of error shall be returnable, it shall be lawful for the Supreme Court at that term, or at any term thereafter on motion of the defendant in error or his attorney, and on producing a copy of the citation served upon the defendent certified by the Sheriff, or on producing a certificate from the clerk of the court from which the writ of error issued shewing the time at which it issued, the amount for which judgment was rendered, and at what term of the court below, to affirm the judgment of the circuit court with costs of suit.

Sec. 2. And be it further enacted, That whenever a final judgment shall be rendered by the Supreme Court in any cause, it shall be the duty of the clerk of the Supreme Court to certify the judgment of the said court, to the clerk of the court from which the cause came, together with a bill of the costs accruing in the Supreme Court; and it shall be the duty of the clerk of the court below, im-


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mediately on the receipt of the said certificate to issue execution, if judgment be rendered for the plaintiff in the original cause; for all the money together with all the costs of the suit in the court below, and Supreme Court, which by the judgment of the Supreme Court may be due from the defendant to the plaintiff or to issue such an execution as may be directed by the Supreme Court; but if judgment be rendered for the defendant in the original cause then against the plaintiff in the original cause, for all the said costs of suit, or such other execution as may be directed by the Supreme Court, returnable to the next term of the court below. And it shall be the duty of the clerk of the court below to transmit to the clerk of the Supreme Court upon the return of the said execution satisfied, all the costs which may have accrued in the same cause in the Supreme Court.

Sec. 3. And be it further enacted, That no judgment of the circuit court in this state shall be suspended unless the party applying for such writ of error shall execute in the clerks office a bond with sufficient security, to be approved by the clerk, conditioned for prosecuting the writ of error to effect and to pay and satisfy the judgment.

Sec. 4. And be it further enacted, That it shall be the duty of the Supreme Court to decide all the causes which may be returned to the said court at the return term thereof, unless for good cause the same shall be continued, and in all cases decided in the Supreme Court the successful party shall be entitled to the same fee which is now allowed in Chancery causes in the circuit court.

Sec. 5. And be it further enacted, That it shall not hereafter be lawful for any circuit court to refer to the Supreme Court any question of law, except such as may be novel and difficult and arise in a criminal cause.

Sec. 6. And be it further enacted, That the Supreme Court shall not hereafter render judgment against the security in the bond given by the party upon obtaining a writ of error or appeal, but it shall be the duty of the clerk of the court from which the cause came immediately upon the receipt of the certificate of affirmance in the Supreme Court on the application of the obligee to issue a scire facias to the security or securities in the said bond, to appear at the next circuit court and shew cause if any, he, she or they have, why judgment should not be rendered against him. If no cause or an insufficient cause be shewn, it shall be the duty of the said court to render judgment against the security or securities for the amount of the judgment of the Supreme Court, together with the damage interest and costs allowed by law.

Sec. 7. And be it further enacted, That a writ of error may issue to reverse any final judgment in the circuit court at any time, within three years after the rendition of the judgment and not afterwards.

Sec. 8. And be it further enacted, That any judge of the circuit courts, on an inspection of the records or the transcript thereof, of any cause in which final judgment shall have been rendered; may, if he shall be of opinion that any material mistake or error has been committed by a ministerial officer after the rendition of judgment, grant a writ of error coram vobis returnable to the next term of the circuit court in which judgment shall have been rendered; and may direct the said writ to operate as a super scedias on the party applying for the same, entering into bond and security in the

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clerks office to be approved by the judge granting the same, conditioned for prosecuting the said writ of error to effect, and pay and satisfy the judgment of the court.

Sec. 9. And be it further enacted, That it shall be the duty of the court to which the writ of error coram vobis shall be returned, to try the same at the return term, and in all cases of affirmance judgement shall be rendered against the plaintiff in error, and his, her, or their security for the amount of the judgment which shall have been suspended together with five per cent damages, interest and costs.

Sec. 10. And be it further enacted, That it shall be lawful for any Judge of the Supreme Court, who shall not have given an opinion in the case below, to set in the trial of the said cause in the Supreme Court.

Sec. 11. And be it further enacted, That whenever the judgment of a circuit court shall on an appeal or writ of error to the Supreme Court be affirmed ten per cent damages shall be allowed, and not more: Provided,  That no damages shall be allowed in any cause in the Supreme Court unless the judgment of the court below shall have been suspended.

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An Act to raise a revenue for the support of government, for the year one thousand eight hundred and twenty one.

Section 1. BE it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That all the lands liable to taxation in this state shall be taxed according to their value which value, shall be ascertained and returned upon the oath or affirmation, as the case may be, of the owner or owners or persons liable to pay taxes for the same.

Sec. 2. And be it further enacted, by the authority aforesaid, That the sum of sixteen cents for every hundred dollars value be paid on all lands within this State, which may have been cleared out of the land office, and to which a complete title has been obtained by the same And the tax on all lands purchased of the United States, and liable to taxation, shall be proportioned to the number of instalments paid by the owner or owners on the first day of January next, preceding the time of making his, her or their return of lands liable to taxation as aforesaid, namely, if one instalment only be paid to the government of the United State, four cents for every hundred dollars value: if two instalments, eight cents for every hundred dollars value. And in like proportion, where three instalments shall have been paid.

Sec. 3. And be it further enacted, That the sum of thirty cents be paid on every hundred dollars value of all lands, lots or building within any city or town to be estimated by the persons giving in the same, upon oath. And thirty cents for every hundred dollars on the amount of merchandize sold within the year immediately preceding the first day of January, in each and every year, to be estimated by the owner or in his absence by the principal clerk giving in the same on oath: for slaves of all ages under sixty years fifty cents each: for all free male negroes and mulattoes over twenty one years, five dollars: for all free white males under the age of forty-five and above the age of twenty-one years, one dollar each as a


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poll tax: for all pleasure carriages, two per centum, on every hundred dollars of their estimated value to be ascertained by the oath of the party giving in the same to the assessor: for every horse kept exclusively for the saddle or pleasure carriage, one dollars: for every race horse, five dollars: for every public race tract, twenty dollars: for every stud horse or jack-ass, the amount for which said stud or jack may stand by the season: for every head of neat cattle, (oxen used in the yoke excepted) which may be owned by any one man, over and above twenty-five head, four cents: for every billiard table kept for play, two hundred dollars: for each license granted to hawkers or pedlars, fifty dollars for each county in which they trade, to be paid to the clerk of the court at the time of taking out the same; on all goods sold at auction, other than those which are exempted by law, two per centum on the amount of sale; on every practising attorney, five dollars: on every practising physician, five dollars: fore very gold watch kept for use one dollar: for every silver or other watch kept for use, fifty cents; and for every clock kept for sue, one dollar: for money loaned at interest, twenty-five cents for every hundred dollars: for every dirk, one dollar: for every sword cane, one dollar: for every pocket or side pistol, one dollar: for every dirk knife with a spring to prevent it from shutting, one dollar; and on the sale of every pack of playing cards, an additional tax of one dollar.

Sec. 4. And be it further enacted, That one every original writ, and subpoena in chancery, there shall be paid at the time of taking out the same, to the clerks of the circuit courts in each and every county the sum of fifty cents, and on every writ of error and appeal one dollar: and it shall be the duty of the clerks aforesaid, respectively to make a return of the same, and pay over the money thus collected to the tax collectors of their respective counties, on or before the day on which the said tax collectors may be required to settle their accounts, with the Treasury of this State.

Sec. 5. And be it further enacted, That for every tavern license in any city or town, there shall be paid as tax twenty dollars: for keeping a house of public entertainment in any city or town without retailing spirituous liquors, ten dollars: on every retailer of spirituous liquors in any city or town, twenty-five dollars: on every retailer of spirituous liquors in the country, or on the road or highways, without keeping accommodations for man and horse, fifteen dollars: and on all houses of public entertainment on the roads and highways, retailing spirituous liquors, ten dollars, which tax shall be paid to the clerk issuing the license, and by him immediately to the tax collectors and the clerk shall receive for his services the fees heretofore allowed for issuing licenses: and no county tax shall be paid on licenses except such as may be levied by the count y court of such county.

Sec. 6. And be it further enacted, That on all shares of Bank stock in any bank in the state, held by any individual, partnership, or body corporate, there shall be levied and collected yearly a revenue at the rate of fifty cents on each share of one hundred dollars: Provided, nevertheless, that if any bank in this state shall refuse to pay specie for their notes after the first day of July next, then and in that case, there shall be levied and collected an additional tax of fifty cents on each share held as aforesaid in any bank or banks so refusing to pay sepcie for their notes. And the President and Directors or Cashier on making out their last dividend for each preceding year shall return the


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said amount of taxes, and pay the same into the Treasury of this state and shall produce the Treasurer's receipt on or before the first day of January in every year, and on failure thereof, the President and Directors of said bank or any number of them in their individual capacity shall pay to the state two thousand dollars; and in case of any such failure, it shall be the duty of the Comptroller of Public Accounts to direct the Solicitor of the Circuit in which such defaulting bank or banks may be to proceed to the recovery of the same, on motion in the circuit court; the said Comptroller of Public Accounts giving notice in the Cahawba Press to the said defaulting bank or banks of such motion so to be made, and the certificate of said Comptroller shall be deemed and taken as full and sufficient evidence of such default or failure.

Sec. 7. And be it further enacted, That when the time shall have expired within which the lists of taxable property are to be received it shall be the duty of the assessor taxes to ascertain whether there be any lands or town lots within their respective counties sold under the authority of the United States previously to the first day of September one thousand eight hundred and nineteen which have not been assessed: and in case any such be found, which have not forfeited he shall assess the same according to the rule of assessment prescribed by law on town lots and lands for which a complete title has been obtained and such lots or lands shall be double taxed.

Sec. 8. And be it further enacted, That the collectors of taxes in the several counties, shall at the same time and in the manner prescribed by law make distress and sale of the goods and chattels, lands and tenements of all delinquents in making return of taxable property, or in payment of taxes, and in cases of taxes assessed in the manner directed in the preceding section, on lands or town lots to which a complete title has not been obtained and in which other property sufficient to satisfy the taxes due, together with all costs and charges accruing thereon, cannot be found, it is hereby expressly made the duty of the respective collectors of taxes to give notice by advertisement at the door of the courthouse of the proper county and at two other public places within the county, that on a certain day ( which shall be at least thirty days after the date of such advertisements) he shall at the court house of his county, offer for rent the town lot or lots or so much of the land, (as the case may be) and for such term as may be necessary to satisfy the taxes due and costs and charges thereon, and he shall accordingly offer for rent to the highest bidder until the first of January succeeding the January immediately ensuing, the town lot or lots or such portion of the lands (as the case may be) as he may designate beginning in the case of lands with ten acres, or with as much less than ten acres as may be necessary to pay said tax and costs, or by adding ten thereto as office as may be necessary to obtain by such rent a sufficient sum to satisfy the taxes and costs: and in case the town lot or lots, or lands cannot be rented for a sufficient sum on the terms aforesaid they shall be offered for two years from the first of January immediately ensuing or until a complete title to the same shall be produced or the same shall be forfeited to the United States. Provided, that the production of a complete title shall in every case aforesaid entitle the owner to the possession of the premises, upon reimbursing the amount paid for taxes and the charges thereon to the party by whom such payment has been made and saving to the occupant the crop which may be on the premises; and should the rent in any case exceed the amount of taxes and


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charges, the rightful owner of the town lot or lots or lands (as the case may be,) shall be entitled to receive the overplus.

Sec. 9. And be it further enacted, That the collectors of taxes respectively, shall by an instrument of writing, convey to the party renting the premises, as aforesaid, the use thereof for and during the time for which they were rented, and shall in addition to the compensation allowed by law be entitled to receive two dollars for executing every such instrument of writing; and such instrument conveying the use of the premises as aforesaid, shall be good and sufficient both in law and equity: Provided, that whenever the tax collector shall find the tenant in possession who may refuse to pay the tax or render possession of the premises which may be thus taxes and unpaid, he shall have full power to proceed instanter in the same manner as is or may be authorized in case of forcible entry and detainer; and the refusal of the tenant in possession to render peacable possession of the premises on demand shall be considered as evidence of forcible detainer.

Sec. 10. And be it further enacted, That every person who shall exhibit or cause to be exhibited for hire or emolument any museum, wax works, paintings, representations, feats of activity, slights of hand or plays, shall first obtain from the clerk of the county court of the county where the same may be exhibited a license authorizing the same, for which the party applying shall pay to the clerk twenty dollars together with one dollar as a fee to the clerk for issuing the same, and the clerk shall account for the said tax in the same manner as he is required to account for taxes collected on retail and tavern licenses --and every person who shall exhibit as aforesaid without first obtaining such license shall forfeit and pay the sum of fifty dollars, to be recovered before any Justice of the Peace at the suit of said clerk, or any other person in the name of the clerk, which sum so recovered shall be paid over as aforesaid after deducting therefrom ten dollars for the use of the person who may sue as aforesaid.

Sec. 11. And be it further enacted, That stud horses and jack asses shall be taxed from and after the first day of April; and the assessor shall take the lists of those articles in relation to that day instead of the first day of January; and it shall be the duty of the collectors of the revenue to collect the tax on all jack asses and stud horses which have stood the season in their respective counties whether they have been listed with the assessor or not, and account for the receipts as other taxes.

[Approved December 20, 1820.]