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AN ACT

For the more effectual distribution of the Journals of the Senate, and of the House of Representatives.

Section 1.  Be it enacted by the Senate and House of Representatives of the state of Alabama in General Assembly convened, That from and after the passage of this act it shall be the duty of the judges of the county courts in the several counties in this state, immediately on the receipt of the journals of the senate and of the house of representatives to cause the same to be deposited at the several places appointed for holding elections for senators and representatives, in proportion to the number of votes given in at each election precinct.

Sec. 2. And be further enacted, That the judges of the several county courts be, and they are hereby, authorised to draw on the county treasury of their respective counties, for such amount as may be necessary to carry this act into effect, and it shall be the duty of the county treasury, respectively to pay the same so drawn for, out of any money in the treasury not otherwise appropriated.

(Approved, December 24, 1824.)

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AN ACT

To establish certain election precincts therein named.

Section 1. Be it enacted by the Senate and House of Representatives of the state of Alabama in General Assembly convened, That there shall be an additional election precinct at the house of John E. Sentell, in the county of Covington.

Sec. 2. And be it further enacted, That the election precinct established at the house of Larkin R. Rogers, in Morgan county, be, and the same is hereby discontinued.

Sec. 3. And be it further enacted, That an election precinct is hereby established at the house of Francis Dancy, in Morgan county; which shall be holden at the same time and under the superintendance of inspectors appointed in the same manner as is prescribed by the act, entitled "An act to mend and reduce into one the several acts regulating elections.

Sec. 4.  And be it further enacted, That the election precinct at R. Carroll's, in Perry county, be, and the same is hereby abolished, and in lieu thereof, there shall be an election precinct at John Barron's store.

Sec. 5.  And be it further enacted, That the election precinct heretofore established at the house of Daniel Hardy's in Dallas county, be, and the same is hereby discontinued; and one established at the house of William Day, in said county; and that a precinct heretofore established at Fort Crawford be discontinued; and that a precinct be established at Cotton's bluff, in  Conecuh county.

Sec. 6.  And be it further enacted, That the election precinct at Coosada, in  Autauga county, be, and the same is hereby abolished; and an election precinct is hereby established at the house of Peter Hagler in said county.

 


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Sec. 7.  And be it further enacted, That the election precinct heretofore established at the house of Charles M. Holland, in Pickens county, be, and the same is hereby abolished; and that hereafter, there shall be an additional election precinct at John Davidson's in said county.

Sec. 8.  And be it further enacted, That there shall be established an additional election precinct at the house of Henry Derrick, in the county of Jackson.

(Approved, December 24, 1824.)

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AN ACT

To establish certain election precincts therein named.

Section 1.  Be it enacted by the Senate and House of Representatives of the state of Alabama in General Assembly convened,  That the election precinct heretofore established at the house of Robert Lewis in the county of mobile, be, and the same is hereby discontinued; and that the following election precincts, be, and the same are hereby established in said county, to wit: one at the house of James Johnston, in he northern district; one at the house of Barthelami Grelot, in the southern district; and one at the house of John Baptiste Lamy on Dauphin Island; and also one at Spring Hill.

Sec. 2.  And be it further enacted, That the election precinct heretofore established at the house of Joseph Vann in Dallas county, be and the same is hereby discontinued; and that an election precinct in lieu thereof, be and the same is hereby established at the house of John J. McElroyin said county.

Sec. 3.  And be it further enacted, That an additional election precinct, be and the same is hereby established at the house of James W. Mann, on Limestone creek, in Monroe county.

Sec. 4.  And be it further enacted, That there shall be two additional election precincts established in the county of Madison, one at the grocery of captain George Petty on the township road where James Erwin formerly lived, one at the house of Rodgers and Hart where John G. Veitch formerly lived, on the road from Huntsville to Triana.

Sec. 5.  And be it further enacted, That the election precinct heretofore established at the house of Jacob Dyre in the county of Pike, be and the same is hereby discontinued, and that one election precinct be established in lieu thereof at the house of James Buckalieu, and that an additional election precinct be, and the same is hereby established at the old court house in Pike county.

Sec. 6.  And be it further enacted, That the election precinct heretofore established at the house of John G. Morgan in the county of Henry, be and the same is hereby discontinued,  and that an election precinct be established at the store house of James Bennett in lieu thereof.

Sec. 7.  And be it further enacted, That an additional election precinct be, and the same is hereby establishes at the house of William Kennedy in the county of Marion, and

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that the precinct heretofore established at the house of Robert Bridges in the county of Pickens, be, and the same is hereby discontinued, and in lieu thereof, there be an election precinct at the house of Obediah Fields in said county.

Sec. 8.  And be it further enacted, That an election precinct be, and the same is hereby established at the house of Geo. Brown on the Warrior river in Jefferson county.

Sec. 9.  And be it further enacted, That the election precinct heretofore established at the house of Joseph Ship in Butler county, be and the same is hereby discontinued, and that an election precinct be, and is hereby discontinued, and that an election precinct be, and is hereby established at the house of John Ard in said county.

Sec. 10.  And be it further enacted, That the election precinct heretofore established at the house of John Littlefield in the county of St. Clair, is hereby discontinued, and in lieu thereof shall be, and is hereby established an election precinct in said county at the house of John Littlefield in said county.

Sec. 11.  And be it further enacted, That an election precinct be, and is hereby established at the house of Christopher Tompkins in the county of Franklin.

Sec. 12.  And be it further enacted, That an election precinct be established in the county of Conecuh at the house of John W. Mayho at Cotton's bluff, and that the election precinct heretofore established at the house of John J. Garrison at Fort Crawford, in said county, be, and the same is hereby discontinued.

Sec. 13.  And be it further enacted, That an election precinct be, and the same is hereby established at the brickery of Nicholas Weeks, in the county f Baldwin.

Sec. 14.  And be it further enacted, That there shall be the following additional election precincts in the county of Blount, as follows, one at the house of Alfred Beeson, one other at the house of William Stewart in Brister's cove, and one at the house of George D. Staton; and that the election precinct heretofore held at the house of Jesse Watson be discontinued, and in lieu thereof the election precinct shall be at the house of James Nailor.

Sec. 15.  And be it further enacted, That there shall be, and is hereby established an additional election precinct at the house of William Berry, in the county of Tuscaloosa.

Sec. 16.  And be it further enacted, That there shall be and is hereby established an additional election precinct at the house of John H. Martin in the county of Marengo on Turkey creek.

Sec. 17.  And be it further enacted, That an additional election precinct be established in the county of Bibb, at the house of captain James Moore in said county.

Sec. 18.  And be it further enacted, That an additional election precinct be, and the same is hereby established at the house of Nicholas Cavanaugh in  Fayette county.

Sec. 19.  And be it further enacted, That there shall be an


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additional election precinct at the house of  Daniel Rossers, in the county of Wilcox.

(Approved, December 24, 1824.)

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AN ACT

To provide for the better organization of the Militia of this state.

Section 1.  Be it enacted by the Senate and House of Representatives of the state of Alabama in General Assembly convened, That from and after the passage of this act, the sixty, thirty-ninth and forth-third, regiments of the militia of this state, composed of the counties of Morgan and Walker, be and they are hereby formed into a separate brigade, to be called the twelfth brigade, which shall be attached to, and form a part of the second divisions of militia of this state, and it shall be the duty of the major general of said division, and he is hereby required to issue his order for an election to be held agreeable to the laws of this state, on the first Monday in May next, for a Brigadier general to command said brigade.

Sec. 2.  And be it further enacted, That the twenty-fourth, fortieth, and twenty-third regiments of the militia of this state, be, and they are hereby formed into a separate brigade, to be called the thirteenth brigade, which shall be attached to, and form a part of the third dividing of militia of this state, and it shall be the duty of the major general of said division, and he is hereby required to issue his order for an election to be held, agreeable to the laws of this state, on the first Monday in May next, for a brigadier general to command said brigade.

[Approved, December 25, 1824.]

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AN ACT

To repeal so much of an Act as requires persons to swear they will not retain Spirituous Liquors to Indians.

Section 1.  Be it enacted by the Senate and House of Representatives of the state of Alabama in General Assembly convened, That the second section of an act, passed December sixteenth, eighteen hundred and sixteen, entitled "An act to prevent the sale of spirituous liquors to Indians," be, and the same is hereby, repealed.

[Approved, December 25, 1824.]

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AN ACT

To alter the third, fourth and fifth Judicial Circuits and to fix the time of holding the courts therein.

Section 1.  Be it enacted by the Senate and House of Representatives to the state of Alabama in General Assembly convened, That the county of Pickens, be, an the same is hereby attached to the third judicial circuit; the county of Fayette to the fourth, and the county of Blount to the fifth.

Sec. 2.  And be it further enacted, That the circuit courts of the third circuit shall hereafter commence at the periods following, viz. in the county of Greene on the third Mondays of February and September, which may be held for two weeks; in the county of Pickens on the first Mondays after the fourth Mondays of February and September which may be held one week; in the county of Tuscaloosa


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on the second Monday's after the fourth Mondays of February and September, which may be held two weeks; in the county of Jefferson on the fourth Mondays after the fourth Mondays of February and September, which may be held one week, in the county of St. Clair on the fifth Mondays after the fourth Mondays of February and September, which may be held one; and in the county of Shelby on the sixth Mondays after the fourth Mondays in February and September, which may be held one week.

Sec. 8. Be it further enacted, That an intermediate circuit court shall, and is hereby required to be held in, and for the county of Jefferson, on the seventh Monday after the fourth Monday of February next, to continue until all the cases are tried or disposed, that may not be tried or disposed of at the first teem as fixed by this act, in the same manner as if the same had been done at the said terns.

Sec. 4. And be it further enacted, at the circuit courts for the county of Fayette, shall be held on the sixth Mondays after the fourth Mondays of March and September, and may he held one week.

Sec. 5. And be it further enacted, That the circuit courts of the fifth judicial circuit of this state, shall commence at the periods following, viz. in the county of Walker on the first Mondays of April and October, which may be held one week; in the county of Blount on the second Mondays of April and October, which may be held one week; in the county of Morgan on the third Mondays of April and October, which may he held one week; in the county of Jackson on the fourth Mondays of April and October, which may be held one week; and in the county of Madison on the first Mondays after the fourth Mondays of April and October.

Sec. 6. And be it further enacted, That all process and precepts of whatsoever nature which may have been issued, returnable to any of the terms of the said courts, as heretofore established, shall in returned to the respective terms of the said courts respectively, as are established by this act; and that all process of whatsoever nature, issued from the circuit courts of Greene county, and made returnable on the last Monday in February, next, shall be returned to the third Monday of said month, and be good and effectual, for all the purposes intended by said process.

Sec. 7. And be it further enacted, That the county courts for the county of Madison shall be hereafter, held on the first Monday in February and second Monday in August, in each and every year; and each term of the said court may continue two weeks.

Sec. 8. And be it further enacted, That all process and precepts of whatsoever nature, which may have been issued, or may hereafter issue, returnable to the terms of said court, as heretofore established, shall be returned to the terms of the said court, as established by this act.

(Approved, December 25, 1824.)


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AN ACT

To alter or amend an act, passed December the 23d, 1822, entitled, "An act to establish a public road from the house of John Gandy, in, Morgan county, to Baltimore or Morgan's springs in Blount county.

Section 1. Be it enacted by the Senate and House of Representatives of the state of Alabama in General Assembly convened, That Abraham Stout and his associates, be, and they are hereby authorised to erect two turnpike gates at some convenient place on the road established by the above recited act should they conceive it their interest so to do, provided they shall receive no more than half the amount of toll agreeable to the rates prescribed in the fourth section of said act.

Sec. 2. And be it further enacted, That if any person shall pass round said gate or gates with intent to avoid the payment of the toll, he or she shall for every such offence, forfeit and pay to the said Abraham Stout and his associates the sum of five dollars, to he recovered before any justice of the peace, with legal costs for the same, in lieu of the forfeiture prescribed in the fourth section of the above recited act.

(Approved, December 18, 1824.)

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AN ACT

To authorise Mary Ann Kennedy to emancipate a certain slave therein named.

Section 1. Be it enacted by the Senate and House of Representatives of the state of Alabama in General Assembly convened, That Mary Ann Kennedy be, and she is hereby, authorized to emancipate a, certain negro man slave named Joshua, otherwise called Joshua Thermon, on condition that said Mary Ann Kennedy enter into bond with good and sufficient security, to be approved of by the judge of the county court of Franklin county, payable to the Governor of the state and his successors in office, in the penal sum of one thousand dollars, conditioned that said Joshua shall never become a public charge to any county, town, city, or parish within the state of Alabama.

(Approved, December 14, 1824.)

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AN ACT

For the emancipation of slaves George and Sarah.

Section 1. Be it enacted by the Senate and House of Representatives of the state of Alabama in General Assembly convened, That George and Sarah, slaves of Thomas Wright, be, and they are hereby emancipated and set free from slavery, saving however the rights of creditors, and on the express condition that the said Thomas Wright enter into bond with security in the penal sum of one thousand dollars to be approved by the judge of the county court of Greene, to be filed in the office of the secretary of state and made payable to the Governor for the time being, and his successors in office, conditioned, that the said Thomas Wright shall maintain said slaves George and Sarah, and that they or either of them shall never become a charge to any county within this state.

(Approved, December 20, 1824.)


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AN ACT

For improving the Navigation of the Harbor and Port of Mobile.

Section l. Be it enacted by the Senate and House of Representatives of the state of Alabama in General Assembly convened, That Lewis Judson, Philip McLoskey, Samuel H. Garrote, Thomas L. Hallett, William H. Robertson, Henry Gunnison, William L. Stone, Thomas T. Holt, Curtis Lewis, Daniel McGibbon, Joseph W. Moore, Asher F. Stone, and Russell W. Lewis, be, and they are hereby appointed commissioners for improving the navigation of Mobile river, and the passes or channels thereof, extending from the city of Mobile to the ship channel, leading from Dog river bar, in the harbor of Mobile to the junction of Spanish and Tensa rivers at the head of Mobile Bay; with ful1 power and authority, upon the death, resignation, removal or refusal to serve of any of the said commissioners, to appoint another commissioner or commissioners, in the said port, in the room of the commissioner or commissioners so dying, resigning, removing ear refusing to serve; and also to appoint a president and subordinate officers, and to ordain, establish, and put in force such bylaws, rules and regulations, not contrary, to the laws of this state or of the United States, as they may deem expedient and necessary for the due organization and good government of the said commission, and for the effectuation of the object of its institution.

Sec. 2. And be it further enacted, That the board of commissioners aforesaid, be, and they are hereby authorised and required to employ one or wore persons of competent skill, to explore, examine and survey that part of Mobile river, and one or both of the channels thereof, extending from the city of Mobile, to the ship channel leading from Dog, river bar, in the harbor of Mobile aforesaid, to the junction of Spanish and Tensa rivers, and to ascertain the obstructions to the navigation thereof, arising from logs, stumps, shoals or any other matter or thing collected or deposited in or near the said channel or channels, and how far it may be practicable to clear out and revenue the same, and the probable expense thereof, and the said person or persons so employed, shall make correct draughts or plots of the said survey, and report in writing of their proceedings and of the state of the said river and channels or passes, to the said board of commissioners, who shall thereupon engage some person or persons of competent skill and ability, to remove or cause to be removed, such logs, stumps, shoals, and other obstructions, as may appear necessary to he removed its order to admit the direct and ready access, by the said channel or channels to the said city of Mobile, of vessels of any draft of water that call pass Dog river bar.

Sec. 3. And be it further enacted, That the collector of the customs for the port of Mobile, be, and he is hereby authorised and required to collect and receive from the master, owner, agent or consignee of any and every American vessel arriving at or departing from the port or harbor Mobile, drawing when fully laden more than seven feet water, the sum of ten cents per ton of each and every such vessel at the time of her arrival at, and departure from said port or harbor, and the sum of ten cents per ton, of each and every foreign vessel at the time of their arrival at and departure from said port or harbor; and it shall be the duty of the master or commander of every vessel arriving at and departing from the said port or the said harbor, both on his arrival and on his departure, to declare


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on oath at the office of the said collector, the draft of water and the tonnage of the vessel so commanded or navigated by him; the form of which oath shall be as follows: I, A. B. master or commander of the ________ or vessel called the _______ of ________ do solemnly swear that the draft of water of said vessel is _____ feet, and that her tonnage when fully laden, is _____ tons; so help me God; and if the master or commander of any vessel so arriving at or departing from the said port or harbor, shall refuse or neglect to comply with the provisions of this act, he shall incur a penalty of one hundred dollars, to be recovered with costs of suit by said collector, in any court having competent jurisdiction thereof, which said penalty when recovered, shall be applied to the uses and purposes hereafter provided for.

Sec. 4. And be it further enacted, That the board of commissioners aforesaid, be, and they are hereby authorised and empowered to raise by lottery, in one or more classes, as to them may seem necessary and convenient, and also by subscriptions or donations, such sum or sums of money not exceeding in the aggregate the sum of twentyfive thousand dollars; which sum together with such sum or sums as may arise from the tax or impost on tonnage laid in the preceding section, and from the penalties which may be recovered for a violation of the provisions contained in this act, be, and the same are hereby appropriated exclusively to the performance of the above mentioned work, and to the payment of the expenses incidental thereto; and for that purpose the same is hereby invested in the said board of commissioners of navigation and their successors in office, to be by them applied as herein directed; and the said collector of the customs for the said port of Mobile is hereby authorized and required to pay the proceeds arising from the aforesaid tax or impost, and from forfeitures accruing under this act, to the said board of commissioners or their order, deducting and retaining for his the said collectors services and expenses in collecting, receiving and paying over the same, three per centum on the amount so paid over by him.

Sec. 5. And be it further enacted, That as soon as the channel or channels of that part of Mobile river aforesaid shall be fully cleared, and the logs, stumps, shoals and other obstructions removed therefrom, as far as the same may be practicable in the opinion of the said commissioners, they shall give notice thereof to the collector of the customs aforesaid; and the tax or impost so laid in the third section of this act, shall thenceforward cease send determine Provided always, that whenever the sold channel or channels of that part of the river Mobile aforesaid, shall again become obstructed, it shall he the duty of the said commissioners of navigation on being duly informed of the fact, to give three months public notice thereof, at the expiration of which time, the said tax or impost on tonnage shal1 be revived and be collected as, before, and be applied to the removal of such obstructions until a sufficient sum shall be obtained to accomplish the same, when it shall again cease and determine on notice thereof being given to the collector of the customs aforesaid; and the said board of commissioners are hereby authorised to revive said tax or impost from time to time, and for such periods as they may deem necessary, by giving notice of such revival as aforesaid, in order that the said channel or channels, and the said river within the limits aforesaid, may always be kept clear from obstructions.

Sec. 6. And be it further enacted, That the said board of commissioners are hereby required to cause correct accounts of their receipts and expenditures under this act to be kept, and report there-


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of in writing with the progress made in effecting the objects contemplated, to be made annually, to the county court of Mobile county, and to the General Assembly of this state, which report and accounts shall be published for the information and satisfaction of the public.

Sec. 7.  And be it further enacted, That this act shall take effect as soon as the consent of the Congress of the United States is obtained thereto; and his excellency the Governor is hereby authorised and required to take measures to obtain the same.

(Approved, December 24, 1824.)

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AN ACT

Giving a lien on Vessels in certain cases.

Section 1.  Be it enacted by the Senate and House of Representatives of the state of Alabama in General Assembly convened, That all ships, vessels and steam boats, and other registered, enrolled or licensed craft, built, repaired, fitted or furnished within this state, be, and they are hereby declared to be liable, and chargeable for all debts contracted by the owners, masters of consignees thereof, for or by reason of any work done, or materials or supplies found, provided or furnished by any merchant, trader, ship-builder, mechanic or workman for, upon or concerning the building, repair, fitting, furnishing, supplying or equipping such ship, vessel, steam boat or other craft, in reference to any other debts due and owing from the owners thereof.

Sec. 2.  And be it further enacted, That it shall be lawful for all and every of the said merchants traders, ship-builders, mechanics and workman to file process in the nature of a libel in admiralty proceedings in the circuit and county courts in this state, against such ship, vessel, steam boat or other craft, her tackle, apparel and furniture, whereupon process shall issue, and such proceedings shall be and towards the recovery of such debts as are usually had in the courts of admiralty for the recovery of mariner's wages, and other debts actually contracted upon the high seas.

Sec. 3.  And be it further enacted, That all or any of the said merchants, traders, ship-builders, mechanics or workmen to whim such ship, vessel, steam boat or other craft may be indebted, may join in one suit, for the recovery of all their debts; and if more than one such be brought, the court may consolidate the same into one, and give one definitive judgment and decree, comprehending all such debts as shall be demanded, by all or any of the merchants, traders, ship-builders, mechanics or workmen, as aforesaid, and duly supported either by the process in nature of a libel, as aforesaid, or by petition to the court, while one or more of such suits shall be pending.

Sec. 4.  And be it further enacted, That if on the issuing process, of filing such petition as aforesaid, the master or owner of such ship, vessel, steam boat, or other craft or his or their agents or attornies, shall enter into stipulation or bond with sufficient securities to answer all the demands aforesaid, which shall be filed against such ship, vessel, steam boat, or other craft shall be released and discharged from such lien.

Sec. 5.  And be it further enacted, That no ship, vessel, steamboat, or other craft shall continue to be liable for such debts, to the merchants, traders, ship-builders, mechanics and workmen as aforesaid, longer than the time which shall intervene between the contracting of such debts, and the time of her proceedings on her voyage, next after such debts may be contracted.


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Sec. 6.  And be it further enacted, That issues, at the request of either party, shall be tried by a jury; and all such issues shall be make up by the parties under the direction of the court, and in vacation the clerks of the aforesaid courts, shall have and exercise the same powers as clerks of the district and circuit court of the United States are vested with, by the acts of Congress in suits and libels, for the recovery of mariner's wages, and other debts actually contracted on the high seas, and shall proceed in the same manner, And the said clerks shall take the bonds or stipulations as aforesaid, which said bonds or stipulations shall not be void, for want of form, but shall be proceeded on, and recovered, according to the plain intent and meaning thereof: Provided, that nothing in this act contained shall be construed to extend to any keel boat or barge engaged in the navigation of the Mobile, Alabama, or Tombeckbe rivers, or their tributaries.

[Approved, December 25, 1824.]

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AN ACT

To repeal part of an act, entitled an act to authorise Rebecca Fletcher to emancipate a certain slave therein named, passed Dec. 29, 1823.

Whereas it has been represented to this General Assembly by the petition of many respectable citizens of Lawrence county, that John Spaniard, for whose emancipation an act was passed the twenty-ninth of December, eighteen hundred and twenty-three, with certain provisions and restrictions, is a good and industrious citizens, contributing by his labor not only to his own support, but to the maintenance of his former mistress, who is aged and infirm; and moreover, that the said John Spaniard has a wife and two children in a state of bondage: and whereas it is the desire of said petitioners, that the provisoes of said act should be repealed.

Section 1.  Be it enacted by the Senate and House of Representatives of the state of Alabama in General Assembly convened, That so much of an act, entitled an act to authorise Rebecca Fletcher to emancipate a certain slave therein named, passed December twenty-ninth, eighteen hundred and twenty-three, as provides that John Spaniard 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 court in this state, to whom information may be given, be, and the same is hereby repealed.

(Approved, December 14, 1824.)

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AN ACT

To emancipate the mulatto girl Margaret, a slave of James Johnston of Mobile county.

Section 1.  Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the mulatto girl named Margaret, slave of James Johnston of Mobile county, be, and she is hereby emancipated and freed from slavery; saving however the rights of creditors, and upon the express condition, that the said James Johnston enter into bond with security, in the penal sum of one thousand dollars, to be approved by the judge of the county court of Mobile county, make payable to the Governor for the time being and his successors in office, to be filed in the office of the Secretary of State; Conditioned, that the said mulatto girl Margaret, shall not become a public charge; and that he the said James Johnston, will educate and maintain the said mulatto girl Margaret, until she arrives at the age of eighteen years, or until she marry, whichever may first happen.

[Approved, December 25, 1824.]