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AN ACT

Authorize Richard Inge and Green Hill, executors of the last will and testament of John J. Inge, deceased, to sell and convey real estate.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That Richard Inge and Green Hill executors of the last will and testament of John J. Inge, late of Tuskaloosa county, deceased, be, and they are hereby, authorized and empowered, to make sale of certain landed property belonging to the estate of the said decedant, as pointed out and authorized by said will; and to make complete and perfect titles to the same, so as to carry into effect, the meaning and intention of the said testator: any defect or informality in said will to the contrary notwithstanding.

(Approved, Dec. 29, 1823.)

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AN ACT

To Emancipate the persons therein named.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That Nancy McGee, Peggy McGee, Jane McGee, William McGee and Dixon McGee, children of Lynn McGee, of Baldwin county, by a woman of color said woman before and at the time of her intermarriage with said Lynn McGee having been his slave, be and they the said Nancy, Peggy, Jane, William and Dixon, are hereby forever emancipated, and set free of, and from all, and all manner of slavery or bondage to the said Lynn McGee, his heirs, or representatives and all others: Provided, That the said Lynn McGee shall previously execute a bond with two good securities to the judge of the county court of Baldwin county, and his successors in office, that his said children shall


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never become chargeable to any town or county in this state: Provided also, That the right or creditors shall not be prejudiced by this act.

(Approved, Dec. 31, 1823)

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AN ACT

To authorize David Dickinson, Reuben Rays and William Hays, to Emancipate certain Negroes therein named.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That David Dickinson, Reuben Hays and William Hays, of the county of Blount, be, and they are hereby authorized and empowered to emancipate and set free the following persons of color, to wit: Noah and his wife Rachel.

Sec. 2. And be it further enacted, That the foregoing authority is granted on the condition only, that the aforesaid David Dickinson, Reuben Hays and William Hays, shall be required to execute their bond, with good and sufficient security made payable to the judge of the said county court of Blount, and his successors in office, in such sum as the said judge shall require; conditioned that the aforesaid slaves, Noah and his wife Rachel, shall never become chargeable to the state of Alabama, or any county or town thereof; and that the rights and remedies of any creditor or creditors, shall in nowise be affected thereby.

(Approved, Dec.31, 1823.)

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AN ACT

To authorize William Blake to emancipate a Negro man slave named Jacob.

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened ,That William Blake, of the county of Madison, be, and he is hereby authorized and empowered to emancipate a certain negro man slave called Jacob, as soon as the said chairman of the county court of Madison county, and his successors in office, a bond in the sum of one thousand dollars, with sufficient security to be approved by the county court, conditioned that the said negro man Jacob, so liberated, shall not become chargeable to this state, or any county or town within the same; and that the said negro slave Jacob shall remove out of this state within twelve months after being so liberated, and shall not return to reside within the same at any time thereafter: Provided, That nothing in this act contained shall in any manner interfere with the right of the creditors of said William Blake.

Sec. 2. And be it further enacted, That if said negro shall return to reside in this state, it shall be the duty of the sheriff of any county to which he may so return, to expose


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to sale the said negro; and the proceeds thereof shall be appropriated to county purposes.

(Approved, Dec. 31, 1823)

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AN ACT

To authorize William E. Dupree to Emancipate a certain Slave named Billy.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That William E. Dupree, be, and he is hereby authorized to emancipate and set free a certain negro man slave named Billy, so soon as the said William E. Dupree shall enter into bond and security to be approved by the judge of the county court of Madison, conditioned that said negro man Billy, shall never become a public charge to any county, city or town within this state; Provided, Nothing in this act shall be construed to interfere with the rights of creditors: And provided also, That said negro Billy shall remove out of this state within twelve months after his emancipation, and shall not again return to reside in the same at any time thereafter, under the penalty of being sold as a slave by order of any county court before whom complaint may be made: and the sheriff making such sale shall pay one half the proceeds thereof, to the informer, and the other half into the county treasury of his county.

(Approved, Dec.31, 1823.)

_________

AN ACT

To authorize Rebecca Fletcher to Emancipate a certain Slave therein named.

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That Rebecca Fletcher, of the county of Lawrence, be, and she is hereby authorized to emancipate a certain man slave named John Spaniard, so soon as the said Rebecca Fletcher shall have executed to the judge of the county court of Lawrence, and his successors in office, a bond with sufficient security to be approved by the said judge, conditioned that the sad John Spaniard shall never become a charge to the state of Alabama or any county or town thereof: Provided, That said slave shall remove out of this state within twelve months after he is manumitted, and shall not return to reside in the same, under the penalty of being sold as a slave by order of any county court in this state to whom information may be given: and the sheriff making such sale under and in pursuance of such order, shall pay one half the proceeds of such sale to the informer, and the other half into the county treasury of his county: And provided also, That nothing contained in this act shall be so construed as to interfere with the rights of creditors.

(Approved, Dec. 29, 1823.)


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AN ACT

To emancipate a certain Slave named Letitia.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That George Phillips and Caleb Tate, executors of the last will and testament of Bailey M. Woods, be, and they are hereby authorized and empowered to manumit and set free a certain slave named Letitia, the property of the estate of the said Bailey M. Woods, so soon as the said George Phillips and Caleb Tate shall have executed to the judge of the county court of Dallas county, and his successors in office, a bond with sufficient security, to be approved of by the said judge; conditioned, that the said slave Letitia shall never become chargable to the state of Alabama, or any county or town therein; that such emancipation shall not in any manner become prejudicial to the creditors of said Bailey M. Woods: And provided, That the said executors shall bind out to service the said slave until she arrives at the age of eighteen years, at which time, the said slave shall remove from this state not to return.

(Approved, Dec. 30, 1823.)

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AN ACT

To Divorce Margaret Toney from her husband Charles Toney.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That in conformity with the decree of the circuit court of Butler county exercising chancery jurisdiction, pronounced and entered at September term one thousand eight hundred and twenty-three, the bonds of matrimony heretofore solemnized and subsisting between Margaret Toney and Charles Toney her husband, be, and the same are hereby annulled and made void; and that the said Margaret Toney be henceforce divorced from the said Charles Toney.

(Approved, Dec. 26, 1823.)

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AN ACT

To divorce Mary H. Judge from her husband William Judge.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That in conformity with the decree of the circuit court of Butler county, exercising chancery jurisdiction pronounced and entered at March term one thousand eight hundred and twenty-three, the bonds of matrimony heretofore solemnized and subsisting between Mary H. Judge and William Judge her husband be, and the same are hereby annulled and made void; and that the said Mary H. Judge, be henceforth divorced from the said William Judge.

(Approved, Dec. 26, 1823.)


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AN ACT

To divorce Tempy Williams from her husband George Williams.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That in conformity with the decree of the circuit court of Decatur county, exercising chancery jurisdiction pronounced and entered at October term, eighteen hundred and twenty-three, the bonds of matrimony heretofore solemnized and subsisting between Tempy Williams and her husband George Williams, be and the same are hereby annulled and made void; and that said Tempy Williams be henceforth divorced from the said George Williams.

(Approved, Dec. 26, 1823.)

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AN ACT

Divorcing Drury Connally from Nancy Connally.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That in conformity with the decree of the circuit court of Madison county, exercising chancery jurisdiction, pronounced and entered at November term, one thousand eight hundred and twenty-three, the bonds of matrimony heretofore solemnized and subsisting between Drury Connally and Nancy Connally his wife, be, and the same are hereby annulled and made void; and that the said Drury Connally, be henceforth divorced from the said Nancy Connally.

(Approved, Dec. 29, 1823.)

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AN ACT

Divorcing Jane Kelly, from her husband James Kelly.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That in conformity with the decree of the circuit court of Autauga county, exercising the chancery jurisdiction pronounced and entered at October term, one thousand eight hundred and twenty-three, the bonds of matrimony heretofore solemnized and subsisting between Jane Kelly and her husband James Kelly, be, and the same are hereby annulled and made void; and that the said Jane Kelly, be henceforth divorced from the said James Kelly.

(Approved, Dec. 29, 1823.)

_________

AN ACT

Divorcing Robert Blassengam from Elizabeth Blassengam.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That in conformity with the decree of the circuit court of Madison county, exercising chancery jurisdiction, pronounced and entered at November term, one thousand eight hundred and twenty-three, the bonds of matrimony heretofore solemnized and subsisting between Robert Blassengam and his wife Elizabeth Blassengam, be, and the same are hereby annulled and made void; and that the said Robert

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Blassengam, be henceforth divorced from the said Elizabeth Blassengam.

[Approved, Dec. 29, 1823]

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AN ACT

To divorce Sarah Ann Newman from her husband, Francis Newman.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That in the conformity with the decree of the circuit court of Morgan county exercising chancery jurisdiction pronounced and entered at April term one thousand eight hundred and twenty-three, the bonds of matrimony heretofore solemnized and subsisting between Sarah Ann Newman, and her husband Francis Newman, be, and the same are hereby annulled and made void; and that the said Sarah Ann Newman, be henceforth divorced from the said Francis Newman.

(Approved, Dec. 26, 1823.)

_____________

AN ACT

Establishing a certain County therein named.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That all that tract of country lying within the following bounds, to wit: Beginning at that point on the line dividing townships eight and nine west of the meridian of Huntsville, where the Blount county line strikes the same thence west, to the line dividing ranges ten and eleven; thence south with said line, to the south-east corner of township fourteen in range eleven; thence east six miles: thence south twelve miles, thence east until the line dividing townships sixteen and seventeen strikes the Mulberry Fork of the Black Warrior River; thence to the ridge dividing the waters of the Mulberry and Locust Forks of said river; thence along said ridge to the Blount county line; thence with the Blount county line to the beginning: which shall constiute a new county to be known by the name of "Walker."

Sec. 2. And be it further enacted, That Grief Johnson, William Guttry, sen’r., Hugh Lawler and Joseph Nations, be, and they are hereby appointed commissioners of roads and revenue for said county; and are hereby vested with all the powers and privileges, that by law belong to commissioners of roads and revenue, until the next general election, and until their successors shall be duly qualified.

Sec. 3. And be it further enacted, That the aforesaid commissioners in conjunction with the judge of the county court, shall appoint managers to superintend an election to be held at the court house of said county, and at the several precincts hereinafter named, on the first Monday in May next, for the purpose of electing a sheriff, clerks of the county and circuit courts and such other public officers as may be required by law; which shall be conducted under the existing election laws of this state; and the persons who shall be thus elected, shall be commissioned accordingly.

Sec. 4. Be it further enacted, That in addition to the election to be held at the court-house, the following pre-


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cincts shall be established for said county, to wit: one at the house of Bowling Curington, on at McCarn’s one at Old Town, and one at Benjamin Murray’s.

Sec. 5. And be it further enacted, That the said county shall be added to the faith judicial circuit, and that the circuit courts thereof, shall be held on the fourth Mondays in March and September in each and every year, and continue one week; and the county courts on the fourth Monday in January and July, in each and every year; and the courts of commissioners of revenue and roads the third Monday in February, May, August and November. And it shall be the duty of the judge of the county court of said county, together with the commissioners of roads and revenue, to cause elections to be held throughout the county for the election of justices of the peace and constables, as well as all military officers, at such times and places as they may appoint; and the certificate of a majority of them, or any one, if but one shall attend, shall be sufficient evidence to authorize a commission to issue.

Sec. 6. Be it further enacted, That the militia of said county shall form the forty-third regiment, and be attached to the fifth brigade of the militia of this state; and that it shall be lawful for the several managers of the elections provided for by the third section of this act, to administer to each other respectively the requisite oaths, or that the same may be done by the judge of the county court of said county, or justice of the peace of either of the counties of Tuskaloosa or Jefferson: and that the commissioner of roads and revenue may in like manner be qualified by any authorized officer in either of said counties.

Sec. 7. Be it further enacted, That the clerks of the circuit and county courts, of either of the counties from parts of which said county may be formed, shall immediately after the elections provided for in the third section of this act may be holden, transfer all causes and the records thereunto belonging, wherein the defendants in such suit may reside within the limits of the aforesaid county of Walker, to the clerk of either the circuit or county court to which the same may properly belong for trial; and all process which may be issued and not returned, which is within the jurisdiction of the counties form which the county aforesaid has been taken and which properly belong to said county, shall be rendered to the clerks of said courts to which the same may properly belong, in said county of Walker; all of which shall be proceeded upon in the same manner as if originally made returnable to such court.

Sec. 8. Be it further enacted, That until the establishment of county and circuit courts, as is provided for by this act, all appeals from justices of the peace, all writs of injunction, certiorari, and supersedeas, shall lie to the circuit or county courts of the counties to which the same would properly belong, provided this law had not been passed.


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Sec. 9. And be it further enacted, That the aforesaid county, when organized, shall exercise and enjoy all rights privileges and emoluments, and shall exercise all powers, that of right belong and appertain to other counties in this state; and that this act shall be in force from and after the passage thereof.

Sec. 10. Be it further enacted, That until otherwise provided by law, the house of Peter Baker shall be the temporary seat of justice for said county.

Sec. 11. Be it further enacted, That it shall be the duty of the judge of the county court, and the commissioners of revenue and roads, or of any one of them, if but one should attend, by the third day of the term of the court to be held in the month of February, to make all necessary arrangements for the collection of taxes, and having the census of the county taken, pursuant to the existing laws.

(Approved, December 26, 1823.)

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AN ACT

To provide for selecting a Site for the Seat of Justice in Decatur county.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the captains of the different militia companies in the said county of Decatur, shall on the first Saturday in March next, after the passage of this act, proceed to hold an election at their respective places of mustering, for the purpose of electing commissioners to select a quarter section of land in said county on which to establish a seat of justice, in conformity with an act of congress, entitled "An act granting to the state of Alabama the right of preemption to certain quarter sections of land, passed on the third day of March one thousand eight hundred and twenty-three."

Sec. 2. And be it further enacted, That each company shall be entitled to elect one commissioner according to the provisions of the first section of this act; and that all persons above the age of eighteen years shall be entitled to vote at such elections.

Sec. 3. And be it further enacted, That it shall be the duty of the persons so elected to meet at the court house on the first Friday in April next, and select a quarter section of land for the purposes aforesaid: and before entering upon the duties of their commission, shall take the following oath, to wit: I ________ do solemnly swear (or affirm) that I will discharge the duty imposed on me as commissioner without favor or partiality, so help me God.

Sec. 4. And be it further enacted, That the said commissioners shall return to the clerk of the county court, what quarter section of land they have chosen, whose duty it shall be to certify the same to the Governor.

(Approved, Dec. 17, 1823)


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AN ACT

To repeal part of an act, entitled an act to appoint Commissioners for certain Counties therein named, and for other purposes, passed December 18, 1821.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the fifth section of the above recited act be, and the same is hereby repealed, any law to the contrary notwithstanding.

(Approved, Dec. 29, 1823)

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AN ACT

To alter the Boundary Line of Jefferson County.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the boundary line of Jefferson county, be and the same is hereby altered and extended as follows, to wit: Beginning where the line divides sections twenty-eight and thirty-three, township sixteen, range one east, crosses Cahawba River near Daniel Taylor’s running thence a direct line to the north-east corner of section thirty-four township fifteen and said range, thence to the north east corner of section sixteen of said township and range above mentioned, thence west with the line dividing said section and number nine, be, and the same is hereby declared to constitute a part of Jefferson county: Provided, That nothing herein contained shall be so construed as to affect the boundaries of the county of Shelby as defined by the existing laws.

(Approved, Dec. 19, 1823)

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AN ACT

To appoint Commissioners for the Counties of Perry and Marengo to sell and convey Town Lots at the towns of Marion and Linden, the seats of justice thereof; and to erect public buildings in the same.

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That Joseph Evans, Edwin D. King and George Weissinger, be, and they are hereby appointed commissioners for the purpose of surveying, laying off, and selling lots in the town of Marion, the seat of justice in the county of Perry; and contract for and cause the public buildings to be erected for said county, on such terms as they may think most conducive to the true interest of said county.

Sec. 2. And be it further enacted, That Allen Glover, William Irons, Brown Bennet, John Spinks, Thomas Ringgold, Morgan Brown and John E. Anderson, or a majority of them, be, and they are hereby appointed commissioners for the purpose of surveying, laying off, and selling lots at the town of Linden, the seat of justice in the county of Marengo; and contract for, and cause the public buildings for said county to be erected on such terms as they may think most conducive to the true interest of said county.

Sec. 3. And be it further enacted, That it shall be the duties of the commissioners in each of the counties aforesaid, to em-


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ploy the county surveyor or some other fit person, to survey, designate and lay off lots in siad towns, by such metes and bounds and of such dimensions, as said commissioners may direct; and make out a fair plat or correct map with a certificate of the surveyor thereto, and return the same to the clerk of the county court, whose duty it shall be to record the plat or map with the surveyor’s certificate in the record books of his office.

Sec. 4. And be it further enacted, That the commissioners in each of the counties aforesaid shall give six weeks’ notice at least in some newspaper printed in this state, of the time and place for the sale of lots at the seats of justice aforesaid, and also at three or more public places by advertisement in the county in which the sale takes place.

Sec. 5. And be it further enacted, That the commissioners in each of the counties aforesaid shall have power and authority to sell the lots aforesaid, on such terms and conditions as they may in their opinions think calculated to promote the best interests of the counties respectively; but in no instance to make a title in fee simple to any purchaser or purchasers of any lot or lots, until the whole consideration for the same is actually paid.

Sec. 6. And be it further enacted, That the commissioners aforesaid, shall cause to be laid out by the county surveyor or other fit person a public square of such dimensions as they may deem proper, and such other lots as said commissioners in their opinion, may deem necessary for public use, and reserve the same from sale.

Sec. 7. And be it further enacted, That the commissioners in each of the counties aforesaid, shall give six weeks’ notice, that they will receive proposals for the building a court-house, jail, and other necessary public buildings, for the use of each of the counties aforesaid, of such dimensions as they may think proper; at the expiration of which time, the commissioners in each county shall take bond, with approved security from the undertaker or undertakers in double the amount for which said public buildings may be undertaken for the faithful completion thereof by the time specified in the bond; and agreeable to the plan by them devised, payable to them as commissioners as aforesaid, and their successors in office.

Sec. 8. And be it further enacted, That the commissioners in each of the counties aforesaid shall elect or appoint a treasurer out of their own body, or otherwise, before the sale of the lots aforesaid; who shall give bond, with approved security to be adjudged of by said commissioners payable to the Governor for the time being of the state of Alabama, and his successors in office in such sum as said commissioners may require: which bond shall be recorded in the clerk’s office of the county court and therein deposited, and a copy thereof shall be sufficient evidence if the original be lost or destroyed.

Sec. 9 And be it further enacted, That all notes, bonds or other instruments of writing taken by said commissioners not otherwise herein provided for, for the payment of money, shall be made payable to the treasurer of the board of commissioners and his successors in office, and deposited in the hands of the treasurer; who is hereby vested with full power to sue and recover the sum or sums of money therein specified.


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Sec. 10. And be it further enacted, That in case of death, resignation, removal or refusal to act, of either of the commissioners aforesaid, or treasurer, it shall and may be lawful for the residue, or majority of the commissioners in each of the counties aforesaid, to nominate and appoint any fit person or persons to fill such vacancy.

Sec. 11. And be it further enacted, That the commissioners aforesaid shall take the following oath, before any justice of the peace, subscribe the same, and deposit said oath in the office of the clerk of the county court, viz: "I, _______ do solemnly swear, (or affirm as the case may be) that as commissioner of _______ county, I will faithfully, impartially, and to the best of my abilities discharge the duties of commissioner for the county of ________ and as far as in my power to the best interest of the county of ________ So help me God.

Sec. 12. And be it further enacted, That the commissioners and treasurers aforesaid, shall from time to time receive such compensation for their services as shall be allowed them by the county courts of their counties respectively, to be paid out of the county treasury.

Sec. 13. And be it further enacted, That the treasurer who may be appointed to the board of commissioners in Perry county, shall be authorized to collect and account for, the money now due or which may hereafter become due to said county, for the lots already sold for the benefit of said county.

Sec. 14. And be it further enacted, That the commissioners in each of the counties aforesaid may, at any time, draw on the treasurer of the board of commissioners for such sum or sums of money, as they may deem necessary for erecting the public buildings and carrying the provisions of this act into effect.

(Approved, Dec. 17, 1823.)