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AN ACT

To improve the Navigation of the Tennessee River.

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That a company shall be established for improving the navigation of the Tennessee river, the capital stock of which shall not exceed the sum of one hundred thousand dollars, unless hereafter enlarged by law: exclusive of such sum as the General Assembly may authorize to be taken for and in behalf of the state: the right to make such subscription being hereby reserved to the state.

Sec. 2. Be it further enacted, That subscriptions for stock in shares of fifty dollars each, shall be opened on the first Monday of June next, at the town of Huntsville, under the superintendence of Thomas Fearn, William Patton and Alexander G. Morgan: at the town of Athens on the first Monday of June next under the superintendence of James W. Walker, Beatty and John D. Carroll: at the town of Florence, on the first Monday of June next, under the superintendence of John McKinley, George Coulter and James Jackson: at the town of Tuscumbia, on the first Monday of June next, under the superintend-


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ence of Anthony Winston, John J. Winston, and Thomas Limerick: at the town of Courtland on the first Monday in June next, under the superintendence of Benjamin Sherrod, John P. Hickamn, and Charles McClung: at the town of Somerville, on the first Monday of June next, under the superintendence of Edward Richardson, Robert Tabscott and Thomas McEldery: and at the town of Bellefonte on the first Monday of June next, under the superintendence of George W. Higgins, James Russell and Robert C. Hawkins.

Sec. 3. Be it further enacted, That one tenth part of each share shall be paid at the time of subscribing; and the remainder payable by instalments not to exceed the rate of one tenth for every sixty days thereafter. The times of payment to be published in some of the newspapers at Huntsville and Florence, every week for one month before the respective payments shall be required to be made; such times of payment to be determined by the directors. The superintendents shall place the moneys in the nearest bank, or other secure hands for safe keeping; and shall immediately after the term of subscription, give notice in writing to the superintendents at Huntsville of the names of subscribers, the number of shares subscribed by each, and the monies paid in, and in case the aggregate amount of subscriptions amount to ten thousand dollars, then the superintendents at Huntsville shall publish a day and place for the election of thirteen directors, every share to be entitled to one vote, and stockholders to be entitled to one vote by proxy. The said superintendents at Huntsville to have full power and authority to appoint managers for holding such election.

Sec. 4. And be it further enacted, That in case the whole amount of subscriptions shall not amount to the sum of ten thousand dollars, the superintendents at Huntsville shall forthwith determine as their discretion may direct, either to order and advertise for opening subscriptions again, at the places aforesaid, by the same superintendents or others in case of death or removal of those previously appointed, or to direct the repayment to subscribers, the sums respectively subscribed and paid.

Sec. 5. Be it further enacted, That the company hereby established shall be, the same is hereby made a body politic and corporate under the name and style of the "Tennessee Navigation Company," and shall so continue until one thousand eight hundred and fifty-two; and by that name shall be, and are hereby made able and capable in law to have, purchase, receive, possess, enjoy and retain to them and their successors lands, rents, tenements, hereditaments, goods, chattels and effects, of whatever kind, nature and quality, to an amount, not exceeding in the whole two hundred thousand dollars including the amount of capital stock and the same to sell, grant, demise alien or dispose of, to sue and be sued, please and be impleaded, answer and be answered unto, defend and be defended, in any suit, action, matter or thing, in any court either of law or equity, or any other place whatsoever; and also to make, have and use a common seal, and the same to break, alter or renew at their pleasure. And also to ordain, establish and put in execution such by laws, ordinances and regulations, as they shall deem necessary and convenient for the government of said cor-


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poration, not being contrary to the laws of this state, or the United States: and generally to do and execute, all and singular the acts, matters and things, which to them may appear necessary or which to them it shall or may appertain to do, as incident to bodies corporate subject nevertheless, in addition to the restrictions, limitations and provisions hereinafter prescribed and declared.

Sec. 6. Be it further enacted, That the directors shall meet and organize and appoint such officers as may be necessary for conducting the business of said company. They shall keep regular accounts, and make an annual report of their proceedings and finances to the legislature of this state. In case of the death resignation or removal of any one of the directors, or should a vacancy occur in any manner whatever, in the board of directors, a majority of the remaining directors may fill such vacancy; and an annual election of directors shall be held on the first Monday of October in each and every year, at Huntsville

Sec. 7. Be it further enacted, That the directors, a majority being present, shall have power to determine upon all plans of improvement relative to the contemplated improvement; and may authorize a committee or agents to contract for, or to superintend the execution of any such plan; and to make contracts for necessary supplies or for such engineers and loborers as may be required, not to exceed in amount or value the sums appropriated by the Board of Directors.

Sec. 8. Be it further enacted, That the directors shall have power to enforce the payment of stock subscribed either by making a failure amount to a forfeiture or otherwise.

Sec. 9. Be it further enacted, That when the improvement of Colbert’s Shoals in the Tennessee River shall be deemed by the directors to be completed, and the directors shall desire liberty to receive toll for the passage of boats over the same they shall apply to the Governor of this state who shall cause the same to be examined and in case such improvement is deemed completed, so as to admit the easy and safe ascent and descent of boats of thirty tons burthen, then he shall certify the same to the directors: Whereupon, they shall be authorized to make regulations for receiving toll, not exceeding the rates hereinafter mentioned, that is to say: For each hundred pounds one cent.

Sec. 10. Be it further enacted, That when the several shoals, above Colbert’s Shoals, embracing all that part of the Tennessee River, from Florence to the head of the Muscle Shoals, shall be deemed improved so far to allow the easy and safe ascent and descent of boats of sixteen tons, then the directors may apply to the Governor of this state, and obtain a certificate in like manner as is provided in the last preceeding section of this act: and shall thereupon be authorized to make regulations for receiving toll not exceeding the rates hereinafter mentioned, viz: For each hundred pounds four cents: Provided, The said company shall commence the same within ten months form the passage of this act; and complete the same within five years thereafter:


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And provided also, That said company shall not interrupt or obstruct the present channel or navigation of the said river between the points as aforesaid.

Sec.11. Be it further enacted, That when the directors shall certify to the Governor of this state, that any shoal or shoals, is, or are in a partial state of forwardness so as to admit of the safe ascent and descent of boats of sixteen tons the Governor shall, on being satisfied with the state of improvement of the said river, or any part thereof, grant liberty to receive toll at such rates as from the state of the works be shall deem proper.

Sec. 12. Be it further enacted, That the directors after receiving said toll on all or any part of the works, shall commence and declare semi-annual dividends on the first Mondays of. March and September in each and every year, of nett proceeds, after defraying the expenses of all necessary repairs and improvements.

Sec. 13. Be it further enacted, That stock shall be transferable only on the books of the company.

Sec. 14. Be it further enacted, That A. G. Morgan and his associates, are hereby authorized and empowered to construct locks, dams &c. in any shoal in the Tennessee River above the Muscle Shoals, within the limits of this state, so as to render the said shoals navigable for steam boats: Provided The said locks, dams &c shall not interfere with, or in any manner obstruct the free navigation of the said shoals in the channels now in use.

Sec. 15. And be it further enacted, That the said A. G. Morgan and his associates, shall be entitled to the exclusive use of such locks, dams &c. as they may construct by the authority herein granted, for the period of twenty nine years: Provided, That nothing herein contained shall be so construed as to prevent the state from making such improvements in the navigation of the said river, as it may, from time to time, think proper.

Sec. 16. And be it further enacted, That unless the said A. G. Morgan and his associates, shall accomplish the construction of the said locks, dams &c within the period of two years from the date hereof, they shall be, and are hereby debared from all rights, privileges and immunities granted to them by virtue of this act.

Sec. 17. And be it further enacted, That flat bottomed and keel boats ascending or descending the said river, shall be permitted to pass through said locks, dams &c. free of toll.

(Approved Dec. 31, 1823)

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AN ACT

Supplemental to, and explanatory of two acts of the Coosa river, and to aid in its connection with the Tennessee waters; and the other to improve the navigation of the Tennessee river.

Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That nothing in either of said acts shall be so taken or construed, as to prevent or obstruct the free navigation of either of said rivers, so far as they are now navigable streams, until the assent of Congress shall be obtained authorizing the same.

(Approved, Dec. 31, 1823)


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AN ACT

To Incorporate Flint River Navigation Company in Morgan County.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the stream running from Ford’s Mills into the Tennessee River is hereby declared a public highway.

Sec. 2. And be it further enacted, That if any person or persons, shall cut, or fell a tree into said river, and shall not remove the same, or shall otherwise obstruct the navigation of the said river, shall for every such offense forfeit and pay the sum of three dollars, for every day the same is thus obstructed, to be recovered before any court having jurisdiction of the case, in the name of said company, and applied to the improvement of the navigation of said river.

Sec. 3. And be it further enacted, That Francis Dancy, Charles Lockhart, Middleton Ford, Jonathan Burleson, Drury Stovall, Divid McClung and such other persons as shall be associated with them, are hereby constituted and declared a body corporate, under the name and style of "The Flint River Navigation Company," in Morgan county; who shall be authorized to receive subscriptions and donations and apply the same in such manner as they shall direct, to the improvements of the navigation of Flint River in Morgan county, from the forks of the same and to the Tennessee river.

(Approved, December 30, 1823)

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AN ACT

To allow the Administrators of Aaron Murphy deceased, to convey a Certificate therein mentioned.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the administrators of Aaron Murphy, deceased, are hereby authorized and fully empowered to transfer and assign unto Joseph Stephens the certificate of the east half of the north-west quarter of section thirty-six, township eleven and range two, east of the Basis meridian lying in the county of Blount, upon such terms as the administrators deem proper.

(Approved, Dec.30, 1823}

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AN ACT

To authorize Young A. Gray to convey certain Real Estate therein mentioned.

Whereas it has been represented to this General Assembly, that James B. Gray infant son of Young A. Gray is in danger of loosing a certain section of land by forfeiture and reversion to the United States- for remedy whereof,

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That Young A. Gray, the father of James B. Gray and infant be, and he is hereby authorized and empowered to make sale and transfer the certificates of the thirteenth section, range three, township three west, lying in the


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county of Limestone, the title to which is now vested in his said infant son James B. Gray; and that the sale and transfer so made shall be good and valid to all intents and purposes, any law to the contrary notwithstanding: Provided nevertheless, That the said Young A. Gray, before he shall be permitted to transfer and certificate, shall execute a bond payable to the judge of the county court of Limestone county, and his successors, with two good and sufficient securities in the sum of _______ dollars conditioned that he will well and truly account with said James B. Gray when he attains the age of twenty-one years, for the money arising from the sale of said land, and the interest thereof in the same way and manner that guardians are now required by law, to account for the property of their wards; which bond shall enure to the use and benefit of said James B. Gray and his heirs, and upon a breach of the condition thereof, suit may be brought in the name of the judge of the said county court of Limestone county for the use of said James B. Gray, or of his heirs: Provided, however That nothing in this act shall be taken or so construed as to effect the right, interest or claims of any of the creditors of the said Young A. Gray, or the interest and right of the said James B. Gray; but that the proceeds of said land shall be liable and subject to such disposition in relation to the interest and claims of the said James B. Gray, and the creditors of the said Young A. Gray, as the said land or claim thereto would have been had this act not been passed.

(Approved, Dec. 30, 1823)

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AN ACT

To Incorporate the Huntsville Library Company.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That Thomas Fearn, Samuel Hazard, John Boardman, James G. Briney, George Fearn, Miles S. Watkins, Henry Minor, Thomas Brandon, and others associated with them, for the purpose of establishing a library in the town of Huntsville, are hereby, incorporated as a body politick and corporate, in deed and in law, by the name and style of the "Huntsville Library Company."

Sec. 2. And be it further enacted by the authority aforesaid, That the said corporation, by their name aforesaid, shall have perpetual succession of officers and members to be appointed or elected in such manner, and according to such form as may be prescribed by the by-laws, made for the government of the said corporation: and that they may have a common seal, with power to alter and make new the said rules and regulations, and the said common seal as often as they shall deem expedient.

Sec. 3 And be it further enacted, That the said corpora-


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tion shall be able and capable in law, to purchase, have, hold, possess, enjoy, and retain to itself in perpetuity, or for any term of years, any estate, real or personal, of what kind or nature soever, and to sell, alien or dispose of the same, as they may think proper; and by its name above mentioned, to sue and be sued, plead and be impleaded, answer and be answered unto, in any court of law or equity in this state: and to make such rules and regulations not repugnant to the constitution and laws of this state, or of the United States, as they may deem expedient: Provided, That they shall not possess and enjoy real estate to a greater amount than five thousand dollars.

(Approved Dec. 29, 1823)

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AN ACT

To incorporate the Limestone and Flint River Navigation Companies.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That Henry E. Turner, Waddy Tate, James B. Lockhart and James Searcy, be, and they are hereby appointed commissioners, with power to open books at shoal ford of Limestone, and such other place or places as they may think proper, and to receive subscription of stock in the Limestone Navigation Company, in shares of twenty dollars each.

Sec. 2. And be it further enacted, That said subscribers shall be, and they are hereby, created a body corporate and politic, by the name and style of the Limestone Navigation Company, with power to sue and be sued, plead and be impleaded, in any court of record in this state, having jurisdiction of the subject matter; to have a common seal, and the same to break, renew and alter at pleasure; and also, to ordain establish and put in execution such by-laws as they shall deem necessary for the government of said corporation not inconsistent with the laws of this state; and to do and perform acts and things necessary to carry into effect the powers hereby granted, subject to the restrictions hereinafter prescribed; and to purchase hold and dispose of for the benefit of said corporation, real, personal and mixed estate not exceeding double the amount of the stock subscried.

Sec. 3. And be it further enacted, That so soon as the sum of two thousand dollars shall be subscribed, notice thereof shall be given by said commissioners to the stockholders, who shall at their first meeting, to be held at Athens, fifteen days after the date of such notice, proceed to elect five directors, who shall elect one of their own body president; and that said corporation shall have power and authority to open and improve the navigation of Limestone creek, in the county of Limestone, from the mouth of said creek to shoal ford on Limestone: Provided, That said company shall never erect toll gates or collect or im-


73

pose any toll, from the mouth of Limestone to the town of Mooresville: Provided also, That all locks required at any mill or machine dams heretofore erected, or which may hereafter be established, shall be done at the expense of said company.

Sec. 4. And be it further enacted, That the acts incorporating the Indian Creek Navigation Company, shall be the act of incorporation of said Limestone navigation so far as they apply: Provided, the act incorporating the Limestone Navigation Company shall commence from the passage thereof and be in force until the first day of January eighteen hundred and forty five.

Sec. 5. And be it further enacted, That John Hewlet William Veitch, John Scott, William Moore, John Griffin, John Hamner, Gross Scruggs, and John McCartney, be and they are hereby appointed commissioners to superintend and apply all moneys which may be subscribed for the purpose of cleaning out and removing all obstructions in Flint river, below Brown’s mills; and they, together with the persons named in the act, entititled an act to incorporate the Flint River Navigation Company, passed on December the fourteenth, eighteen hundred and twenty, shall have full power to improve, clear out, and remove all obstructions in said river and to do and perform all acts necessary to carry the same into operation, agreeably to the provisions of said terms of incorporation; and any five of the persons named in said act of incorporation shall form a board to do business and they shall keep an account of all receipts and disbursements, and exhibit the same whenever called on by any one or more of said subscribers; and they are hereby authorized and requested to open books of subscription, for the purpose of carrying into effect, an act to incorporate the Flint River Navigation Company, agreeably to the provisions and intention of the said act of incorporation.

Sec. 6. And be it further enacted, That the subscribers who may contribute three dollars or upwards shall be members of said corporation; and for the management of the funds of said corporation, there shall be elected nine directors, annually, in the town of Brownsborough, on the first Monday in April in each year, by the stockholders; and the directors thus elected, shall serve for one year, and until their successors are duly qualified agreeable to this provision; and the board of directors at their first meeting after their election, shall proceed to elect one of the directors to be president of the corporation, who shall hold the said office during the same period for which the directors are elected as aforesaid: Provided, That in case it shall so happen that an election of directors shall not be made at the time above mentioned, the said corporation shall not for that cause be deemed to be dissolved, but it shall be lawful at

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any other time to hold such election; and in case of the death, resignation, removal from office or absence of the president or a director, for more than six months, the vacancy may be supplied by a majority of the board.

Sec. 7. And be it further enacted, That the president and directors, for the time being, shall have power to enact such by-laws as they may deem expedient for the good government of said corporation, and for carrying the same into effect which are not contrary to the constitution and laws of this state.

(Approved, Dec. 31, 1823)

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AN ACT

To authorize the administratrix of Oliver Holman, deceased, late of the county of Mobile to sell real estate.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the administratrix of the late Oliver Holman, resident in the city of Boston, in the state of Massachusetts, be, and she is hereby authorized to sell, by Nathaniel Littlefield and Gorham Davenport, her attorneys in fact, the real estate of which the said Oliver Holman, died seized, in the city of Mobile, on such terms and in such manner as may be deemed most advantageous to the estate of the said deceased.

Sec. 2. And be it further enacted, That the said administratrix be, and she is hereby authorized, by her attorneys aforesaid, on the sale of said estate, to make to the purchaser or purchasers as the case may be, a legal conveyance of the same, which shall be as binding, as if the same had been made by the said Oliver Holman, in his life time.

Sec. 3. And be it further enacted, That Nathaniel Littlefield and Gorham Davenport, before the sale of the estate aforesaid, shall enter into bond with sufficient security payable to the judge of the county court of Mobile county, for the true and faithful payment of the money arising from the sale of said estate, into the hands of the administratrix thereof, to be appropriated to the payment of the debts due by said decedent.

Sec. 4. And be it further enacted, That Elizabeth Slade, administratrix of Henry B. Slade, late of the county of Mobile, be, and she is hereby authorized and empowered, to sell all, or any number of the certificates of certain lands belonging to the estate of her said intestate, on such terms, and in such manner, as she may deem most advantageous to said estate, taking bond and sufficient security for the consideration.

Sec. 5. And be it further enacted, That the said adminstratrix be, and she is hereby authorized on the sale of such certificates, to make to the purchaser or purchasers, as the case may be, a legal transfer of the same; which


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shall be as valid, and as binding as if the same had been made by the said Henry B. Slade, in his life time.

Sec. 6. And be it further enacted, That the said administratrix shall, before the sale of the land herein before authorized to be sold, enter into bond with sufficient security, payable to the judge of the county court of Mobile county, for the true and faithful disposition fo the money arising from the sale of the said land, agreeably to the existing laws, regulating the distribution of the personal estate of deceased persons.

Sec. 7. And be it further enacted, That the guardian of Virginia Murry be authorized to sell and dispose, on a credit of one and two years, six lots, or parcels of land situated and lying in Madison county, and make title to the same: which land descended to the said Virginia Murry as her part of the real estate of her father William O. Murry, deceased: Provided, he shall first enter into bond and security, to be approved by the judge of the county court of Morgan county, conditioned, that he will appropriate the money arising from such sale, in such manner as is directed by the existing laws now in force, for the disposition of the estate of minors: And provided, that he give three months public notice of the time and place of such sale.

[Approved, Dec. 31, 1823]

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AN ACT

Supplementary to an act, entitled an act to authorize administrators to sell land belonging to the estate of their intestate, to which a complete title has not been obtained, passed December 27th, 1822.

Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That in all cases were petitions may be hereafter presented to the judge of any county court in this state, for the sale of any real estate, pursuant to the provisions of the above recited act, if the petitioner will make oath, that any of the heirs of devisees live beyond the limits of this state, or that their residence is unknown to the petitioner, then, and in that case, a notice by advertisement, published in one or more news-papers, for such length of time as the judge of said court may order, shall be deemed and held as sufficient notice pursuant to the provisions of the aforesaid act, authorizing the sale of real estate.

(Approved, Dec. 10, 1823)

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AN ACT

To authorize the administrators of Walter Otey, deceased to sell certain real estate.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the administrators of Walter Otey, deceased, be, and they are hereby authorized to sell on a credit of one, two and three years, the house and lot in the town of Huntsville, called and known as the bell tavern.


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Sec. 2. And be it further enacted, That before the said administrators proceed to sell the said property, they shall enter into bond and security to be approved by the judge of the county court of Madison for such sum as said judge shall direct, conditioned, that the said administrators will make faithful application of the money arising from the sale of the said property.

(Approved, Dec. 29, 1823)

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AN ACT

To authorize Sally B. Stevens, administratrix of Henry W. Stevens, deceased to sell real estate.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That Sally B. Stevens, administratrix of the estate of Henry W. Stevens, deceased be, and she is hereby, authorized to sell and dispose of the real estate and any certificates of land or town lots belonging to the estate of Henry W. Stevens, deceased, on giving thirty days notice in some public news-paper printed in Cahawba, of the time and place of selling the same.

Sec. 2. And be it further enacted, That the real estate and certificates of land shall be sold on a credit of not less than twelve months, and the said sale shall in all other respects be under the same rules and regulations as are now required by the laws in relation to intestates’ estate.

[Approved, December 17th, 1823]

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AN ACT

Authorizing Matthew Harbeson, administrator of Samuel Harbeson, deceased to make conveyance of certain tract of land therein named.

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the sale heretofore made by Matthew Harbeson, administrator of Samuel Harbeson, deceased, to David White of the east half of north east quarter of section fourteen, township eight, range four, west, belonging to the estate of the said Samuel Harbeson, deceased be, and the same is hereby legalized and made valid.

Sec. 2. And be it further enacted, That the said Matthew Harbeson, administrator as aforesaid be, and he is hereby authorized to execute and deliver to the said David White, an assignment of the certificate for the above described land which issued from the United States to the said intestate, in his life time for the same; which assignment when made and acknowledged by the said Matthew Harbeson, according to the laws regulating transfers of such certificates, shall vest in the said David White, the right and interest in the said land, derived from the United States, as fully and completely, as if the said certificate had been legally assigned to him by the said Samuel Harbeson, in his life time: Provided, the said administrator shall first enter into bond and security to be approved by the judge of the county court of


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Morgan county, conditioned for the faithful application of the money arising from the sale of the said land.

(Approved Dec. 17, 1823)

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AN ACT

To authorize the administrators of Isaac Edwards, deceased, to comply with the contracts made by their intestate, respecting his real estate.

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the administrators of Isaac Edwards, deceased, are hereby authorized and fully empowered to confirm and comply with all or any contracts made by the aforesaid decedant in his life time, with respect to his real estate.

Sec. 2. And be it further enacted, That the administrators aforesaid, are hereby empowered to make or receive as good a title in law to any part of the real estate of the before mentioned decedant, as he himself could have made or received in his lifetime; and that this act shall be in force from and after its passage.

(Approved, Dec. 29, 1823)