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RESOLUTION

Respecting the further distribution of the Laws of this State.

Resolved by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the Governor of this state, be, and he is hereby authorized and requested to transmit to the executive of the United States, four copies and to the executive of state in the United States two copies, for the use of the executives and legislatures of the same, respectively, of Toulmin’s Digest of the laws of this state.

And be it further resolved, That the Governor be, and he is hereby authorized to draw upon the contingent fund for such sum as may be necessary to carry this resolution into effect.

(Approved, Dec. 29, 1823)


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RESOLUTIONS

Authorizing the Comptroller of Public Accounts, to receive all moneys and notes arising from the rents of the reserved Lands in the town of Cahawba.

Be it resolved by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the comptroller, be, and he is hereby authorized and empowered to receive of the commissions such notes and moneys as may have accrued from the rent of the reserved lands and ferries in and adjoining the town of Cahawba.

Be it further resolved, That the comptroller, be, and he is hereby authorized and required to collect all monies due on all notes which may be placed in his hands as aforesaid and if necessary to institute suit for the same; which when collected, he shall pay over to the treasurer: whose duty it shall be to receive the same into the treasury, and keep a separate and distinct account of all such monies, subject to the future disposition of the legislature.

And be it further resolved, That all notes which may be hereafter taken for the rents of the reserved lands and ferries as aforesaid, shall be made payable to the Governor, and his successors in office, in whose name suits shall be brought for the benefit of the state.

And be it further resolved, That all notes which are now taken in the name of the commissioners may be sued for and recovered in the name of the Governor, and his successors in office.

[Approved December 30th, 1823.]

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RESOLUTIONS

Providing for the safe keeping of the Furniture belonging to the State-House.

Be it resolved by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That it is hereby made the duty of the door keeper of the Senate immediately after the adjournment of the present session of the legislature to cause all the tables, chairs and other furniture belonging to the House of Representatives, to be safely deposited in the Senate chamber, and to lock the same; and retain the keys thereof until the next session of the General Assembly.

Be it further resolved, That it shall not be lawful for any use to be made of the furniture deposited as aforesaid, under any pretence whatever, previous to the meeting of the next legislature.

(Approved, Dec. 31, 1823.)

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RESOLUTION

Appointing John A. Cotton and Williams Hendrick Commissioners to examine the State Road leading from Line Creek to Coffeeville.

Resolved by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That John


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A. Cotton and Williams Hendrick, be appointed commissioners in the place of Edmund Lane and James S. Gaines, deceased, to examine the state road leading from Line Creek to Coffeeville.

(Approved, Dec. 31, 1823.)

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RESOLUTIONS

In relation to certain depreciated paper in the Treasury of this State.

Resolved, by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That it shall be the duty of the treasurer of this state to cause the sum of twelve hundred and sixty dollars to be presented to the Planters’ and Merchants’ Bank of Huntsville for payment; that being the amount of the paper of the said Planters’ and Merchants’ Bank of Huntsville, now in the treasury of this state. And should the same sum of twelve hundred and sixty dollars, not be paid according to the tenor and effect of the aforesaid bill or bills, note or notes, when demanded, it shall be the duty of the treasurer of this state to direct suit to be instituted against the said bank in the manner pointed out in an act or the General Assembly of this state, passed December seventeen, one thousand eight hundred and twenty-one entitled an act in relation to the banking institutions of this state

And be it further resolved, That if on judgment being given against said bank, an appeal shall be taken from such judgment; then it shall be the duty of the court to which such appeal is taken, on affirming the judgment of the court below, to give judgment against such bank with fifteen per cent, damages, besides all costs of suit; any law to the contrary notwithstanding.

And be it further resolved, That he be also required to exchange to the best advantage, other depreciated paper in the treasury, to the amount of one hundred and thirty-five dollars.

(Approved, Dec. 31, 1823.)

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RESOLUTIONS

Allowing the Solicitor of the first judicial circuit, one hundred and fifty dollars in addition to his present salary for extra services by him performed.

Resolved by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the solicitor of the first judicial circuit of this state, be, and he is hereby allowed the sum of one hundred and fifty dollars in addition to his present salary for extra services by him


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performed, in attending the several county courts exercising criminal jurisdiction, held in the city and county of Mobile during the year one thousand eight hundred and twenty-three. And that the comptroller of public accounts, be authorized to draw his warrant upon the state treasurer for the same, to be paid out of any money in the treasury, not otherwise appropriated.

And be it further resolved, That the solicitor aforesaid for each and every year, shall be allowed the sum of one hundred dollars for his services rendered in the county court of the county of Mobile, so long as the county court of said county shall, or may have criminal jurisdiction.

Be it further resolved, That it shall be, and is hereby made the duty of the solicitor aforesaid, to attend to the criminal prosecutions in the county court of Mobile county.

(Approved, Dec. 20, 1823.)

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RESOLUTIONS

Requiring the Chairman of the Committees on Enrolled Bills, to preserve the engrossed copies of all Acts and Joint Resolutions and file them with the Secretary of State.

Resolved by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the chairman of the enrolling committees be required to preserve the engrossed copies of all laws and joint resolutions which may be passed by the legislature of this state, and file them with the secretary of state.

And be it further resolved, That it shall be the duty of the secretary of state to hand over to the public printer all such laws and resolutions for printing.

(Approved Dec. 17, 1823.)

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RESOLUTION

Directing the Governor to commission the several persons elected members of the Medical Boards.

Be it resolved by the Senate and the House of Representatives of the State of Alabama, in General Assembly convened, That it is hereby made the duty of the speaker of the House of Representatives to certify to the Governor, the names of the persons who have been elected to compose the different Medical Boards in this state, and upon such certificate it is hereby made the duty of the Governor to commission accordingly.

Be it further resolved, That such persons as may be appointed by the different Medical Boards to fill vacancies, shall in like manner be commissioned by the Governor, upon the certificate of the members making such appointment.

(Approved, Dec. 29, 1823.)

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RESOLUTION

Providing more effectually for the trial of the writ of quo warranto now depending in the fifth judicial circuit against the Planters’ and Merchants’ Bank of Huntsville.

Whereas it has been represented to this General Assem-


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bly, that either from the circumstances of the judges, who usually ride the fifth judicial circuit, holding stock in the Planters’ and Merchants’ Bank of Huntsville, or from some other cause, the trial of the writ of quo warranto instituted against that bank, in pursuance of an act of the General Assembly, entitled "An act in relation to the banking institutions of this state," passed December seventeen, one thousand eight hundred and twenty one, has from time to time been delayed.

Be it therefore resolved by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That it is hereby expressly made the duty of the several circuit judges of this state, so to interchange circuits as to prevent any judge from riding the fifth judicial circuit, who may be, however remotely, interested in the bank aforesaid, either as counsel or otherwise, until the aforesaid writ of quo warranto now depending in the Madison circuit court, against the aforesaid Planters’ and Merchants’ Bank of Huntsville, has been finally decided in the said court.

(Approved, Dec. 29, 1823.)

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RESOLUTION

In relation to the printing and distribution of the Acts, Resolutions and Journals of the General Assembly.

Resolved by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the public printer, be, and he is hereby required to print two thousand two hundred copies of the Acts, and Resolutions, one thousand copies of the Journal of the House of Representatives and seven hundred and fifty copies of the Journal of the Senate; and that he be required to distribute the same according to law.

(Approved, Dec. 31, 1823.)

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RESOLUTIONS

Extending the time of payment of Lots in the town of Cahawba.

Sec. 1. Be it resolved by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the provisions of the act, entitled "An act for the relief of purchasers at the first sale of lots in the town of Cahawba," be extended until the first Monday in April next: Provided, That legal interest be due and payable upon the several sums due, until the same be paid.

Sec. 2. And be it further resolved, That purchasers at the second sale of lots in the town of Cahawba, be allowed until the first Monday in April, one thousand eight hundred and twenty-five, by the payment of interest at the expiration of the time herein granted, to make complete payment upon said lots, and that all forfeitures heretofore accrued to the state, by the non-compliance of said purchasers, with


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the terms of sale, be, and they are hereby released and remitted, until the first Monday of April, in the year of our Lord one thousand eight hundred and twenty-five.

[Approved, Dec. 9, 1823.]

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RESOLUTION

Appointing Commissioners of reserved Lands in the town of Cahawba Resolved by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That David White and William Curtis, be appointed commissioners of the reserved lands and ferries of the town of Cahawba in lieu of John Taylor, deceased, and John Howard, removed.

(Approved, Dec. 31, 1823.)

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RESOLUTION

Requesting one Senators and Representatives in Congress, to procure the assent of Congress to two Bills for the improvement of our Navigation.

Whereas from a strict construction of the ordinance adopted by the convention of this state, so far as the same relates to the navigate rivers within the same, there are doubts as to the power of the legislature to organize companies with power and authority to improve even impassable points on streams which have been designated as navigable, and to charge a toll for the use of their works; and whereas a number of our most considerable streams, are impassable at several points during the greater part of the year, if not at all times, and will so remain without very extensive improvements, such as the state will for many years be unable to make without the aid of individual enterprize: And whereas it is believed that it was the intention of the Government of the United States to prevent monopolies, and not to impeded or virtually prohibit internal improvements in relation to our navigable waters.

Therefore be it resolved by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That our Senators and Representatives in Congress, be, and they are hereby requested to use their best exertions to procure the consent of the United States to a revocation of said ordinance, in relation to that subject, or to such a modification thereof, as will enable this state to effect the improvement of its navigable waters; and particularly to obtain the consent of the United States to the provisions of two acts, passed at the present session of this legislature; the one entitled an act to improve the navigation of the Coosa River and to aid in its connexion with the Tennessee waters; the other an act to improve the navigation of the Tennessee River.

Resolved, That the Governor be requested to transmit a copy of said Acts, together with these Resolutions, to each of our Senators and Representatives in Congress.

[Approved Dec. 31, 1823]

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RESOLUTION

Concerning the District Court of the United States.

Resolved by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That our Senators and Representatives in Congress, be requested to convey to that body, the anxiety which is felt by us, as the representatives of the people, that a law be passed to authorize the holding of the district court of the United States at some place in the northern portion of this state; and that the Governor of this state, be, and he is hereby requested to transmit to each of our Senators and Representatives in Congress a copy of this resolution.

[Approved Dec. 31, 1823]

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DEPARTMENT OF STATE }

CAHAWABA, JAN’Y 22, 1824.}

It is hereby certified, that the foregoing Acts and Resolutions are correct copies, collated with and corrected by, the original rolls deposited in this Department.

JAMES J. PLEASANTS,

Secretary