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AN  ACT

To authorise the administrator of the estate of Cadwallader Lucy, dec'd. to sell and convey certain certificates of land, upon which one payment only has been made.

Section 1. Be it enacted by the Senate and House of Representatives of the state of Alabama in General Assembly convened, That Benjamin  P. Whitlow, administrator of the estate of the said Cadwallader Lucy, deceased, be, and he is hereby authorised to sell and dispose of the certificates for the south west quarter of section numbered thirty two, in township eleven, range three west, and the north west quarter of section thirty, in township eleven, range three, west, in the district of lands sold at St. Stephens; upon which one payment only has been made, belonging to the estate of the said Cadwallader Lucy,  on giving thirty days notice in some public newspaper printed in the town of Cahawba, of the time and place of selling the same.

Sec. 2. And be it further enacted, That the said certificate of land shall be sold on a credit of not less than six months, and the said sale shall in all other respects, be under the same rule and regulations as are now required by the laws in relation to intestate's estates.

[Approved, December 24, 1824.]

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AN  ACT

Authorising the Administrators of Nathaniel Henderson, 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 Benjamin C. Foster and William F. Ezell, administrators of all and singular the goods and chattels, rights and credits of Nathaniel Henderson, deceased, be, and they are hereby, fully empowered to sell so much of the real estate belonging to the estate of the said Nathaniel Henderson, as may be sufficient to pay the debts due from said estate, upon such terms as they may think proper.

Sec. 2. And be it further enacted, That Nathan Smith, guardian of Samuel W. Lennox, a minor, be, and he is hereby, authorised and empowered to sell one half quarter section of land, to wit: the south half of the south east quar-


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ter of section number thirtyone, in township number one and range number one, east of the basis meridian of lands sold at Huntsville, containing eighty acres, more or less, on the following terms, to wit: after giving thirty days notice in one or more public newspapers printed in the town of Huntsville, of the time and place of sale, at a credit of two, three, and four years, payable in equal instalments, to bear interest at eight per centum per annum from the day of sale, taking bonds with good and sufficient security, with a lien on the premises for securing the payments of the purchase money;  and the money when received shall be, by said guardian, annually accounted for, with the judge of the county court,  with interest at eight per centum per annum, and upon the final payment of the purchaser thereof said  land, the guardian shall make to the purchaser thereof a legal conveyance, which shall be valid and binding in law.

Sec. 3. And be it further enacted, That the said Nathan Smith, before the state of the estate aforesaid, shall enter into bond, with sufficient security, payable to the judge of the county court of Madison county, for the true and faithful payment of the money arising from the sale of the said estate, as required by law in other cases of sales, by executors, administrators and guardians.

(Approved, December 25, 1824.)

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AN  ACT

To authorise Armstrong Mitchell, executor, and Elizabeth Averett, executrix of the last will and testament of Benjamin Averett, deceased, to transfer 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 Armstrong Mitchell, executor, and Elizabeth Averett, executrix of the last will and testament of Benjamin Averett, deceased are hereby authorised and fully empowered to transfer and convey to Henry G. Woodward, the following described lands, to wit: the northwest quarter of section numbered thirtyfour, range fifteen, and township seventeen, and also the north half of  the southwest quarter of section numbered thirtyfour,  of range fifteen and township seventeen.

Sec. 2. And be it further enacted, That Armstrong Mitchell, executor, and Elizabeth Averett, executrix of the last will and testament of Benjamin Averett, deceased, are hereby authorised and fully empowered  to transfer and convey unto Jacob Averett,  the northeast quarter of section numbered seven, range fifteen and township sixteen.

Sec. 3. And be it further enacted, That the title which the said executor and executrix of the last will and testament of Benjamin Averett, deceased, are by this act authorized to make, shall be as valid in law as though the same had been made by Benjamin Averett in his life time; and that this act shall be in force from and after its passage.

[Approved, December 22, 1824.]


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AN ACT

To amend an act entitled an act to authorise Young A. Gray to convey certain real estate therein mentioned, passed December 30th, 1823.

Whereas it appears to this General Assembly that in the act, passed on the thirtieth day of December, 1823, entitled an act to authorise Young A. Gray to convey certain real estate therein mentioned, there was a mistake made in the number of the section of land mentioned in said act, and that the same should have been the thirtieth, instead of the thirteenth section in township three, range three west, 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 all the provisions of the above recited act which apply to the certificate of the thirteenth section, range three, township three, west, lying in the county of Limestone, be and the same are hereby applied to the certificate for section thirty, in township three, range three west, lying in said county of Limestone, and that the said Young A. Gray, the father of James B. Gray, an infant, be and he is hereby authorised and empowered to sell and transfer the certificate for the thirtieth section, in township three, of range three west, lying in said county of Limestone, in the same manner, under the same restrictions and upon the same conditions that he was by the above recited act authorized and empowered to sell and transfer the certificate of the said thirteenth section in range three, township three.

(Approved, December 22, 1824.)

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AN ACT

Concerning the African Slaves lately ordered by the District Court of the United States, in this state, to be sold, and for other purposes.

Section 1. Be it enacted by the Senate and House of Representatives of the state of Alabama in General Assembly convened, That the Governor be, and he is hereby authorised to take such measures, and give such instructions to the agent of this state, as may ensure a fair sale of the African slaves condemned in the district court of the United States for this district, and in case said agent should find it necessary to bid off any of the said slaves, to prevent a sacrifice of the price, he shall sell the same on the terms that may he most advantageous; and the said agent is authorised and required in all cases to pay the proceeds of said sales into the treasury of this state, excepting only such part thereof as shall be adjudged to the informer.

Sec. 24 Be it further enacted, That the Governor be, and he is hereby authorised to allow to the agent, and to such counsel as may have been necessarily employed in attending in behalf of the state to the cases lately pending in the courts of the United States, in relation to the illegal importation of African slaves, such compensation as may be just and reasonable, out of the proceeds of the slaves condemned.


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Sec. 8. And be it further enacted, That the governor be, and he is hereby authorise to cause such prosecution as may be advised to be proper in respect to the African slaves, imported on board the schooner Constitution, and lately ordered to be restored to certain claimants: Provided, such prosecution be deemed to be legally sustainable.

[Approved, December 25, 1824.]

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AN ACT

To authorise the representatives of Malachi Gould, deceased, to sell certain real estate, and for other purposes.

Section 1. Be it enacted by the Senate and House of Representatives of the state of Alabama in General Assembly convened, That the executor and executrix of Malachi Gould, deceased, be, and they are hereby authorised to sell, on such credit as they may think advisable, not to exceed two years, a certain tract of land, or the certificates thereof, which formerly belonged to said Malachi Gould, and is now a part of his estate, situate in the county of Greene.

Sec. 2. And be it further enacted, That the said executor and executrix shall, previous to the sale of said land or the certificates thereto, enter into bond in such amount and with such security as the Judge of the county court shall direct, conditioned that the money arising from such sale shall be faithfully applied to the benefit of said estate.

Sec. 3. And be it further enacted That it shall be the duty of the executor and executrix to return in the county court the name and residence of the purchaser and the amount for which the land or certificates sold, and if the proceeds of the same be vested in land, they shall intimate the same to the county court by a return stating the number of acres, the range, township and section.

Sec. 4. And be it further enacted, That the executor of Andrew McElroy, deceased, be and he is hereby authorised to sell and convey the northeast quarter section of land, number thirty-one, township number one, and range number two, east, lying and being situated in the county of Madison, on such terms, with the same powers and privileges, subject to the same restrictions and limitations as the executor and executrix of Malachi Gould are subject to, by the provisions of this act.

Sec. 5. And be it further enacted, That the administrators of Robert Hutchison, deceased, of Montgomery county, be and they are hereby authorised to sell all or any number of certificates of certain lands, belonging to said estate, on such terms and in such manner as they may deem most advantageous for said estate; and to make legal transfers thereof which shall be as valid and binding as if the same had been made by the said Robert Hutchison in his lifetime.

Sec. 6. And be it further enacted. That the executors of the last will and testament of Jesse Wilson, be and they are hereby authorised to sell, upon such terms as may be prescribed by the county court of Dallas county, the northeast quarter of section number five, in township seventeen, and range eleven, and also the northwest quarter of section four, in the same township and range: Provided, that the said executors shall, previous to the sale of the said tracts of land, enter into bond and security, that the proceeds arising from the same shall be distributed according to the provisions of the said will of Jesse Wilson.

(Approved, December 22, 1824.)


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AN ACT

For the relief of the heirs of Matthew C. Toulrnin and Elizabeth Toulmin.

Section 1. Be it enacted by the Senate and House of Representatives of the state of Alabama in General Assembly convened, That the heirs at law of Matthew C. Toulmin and Elizabeth Toulmin, deceased, late of Mobile county, who were aliens, be and they are hereby empowered to inherit any real estate of which the said Matthew C. Toulmin and Elizabeth Toulmin, respectively, died seized, or to which they or either of them were equitably entitled by purchase or otherwise, in the same manner as if the said Matthew C. Toulmin and Elizabeth Toulmin had,  at the time of their decease, been citizens of the United States, and as if the said heirs were themselves citizens of the United States, any law, or rule to the contrary notwithstanding.

(Approved, December 25, 1824.)

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AN ACT

To provide for the extinguishment of the debt due to the state of Alabama by the purchasers of lots in the town of Cahawba.

Section 1. Be it enacted by the Senate and House of Representatives of the state of Alabama in General Assembly convened, That the purchasers or holders of certificates of lots in the town of Cahawba, in which full payments have not been made, be allowed until the first Monday in May text, to relinquish the same, and the sums which have been paid on than to be applied as cash to the payment of any other lot or lots, and that in forfeitures of lots in the town of Cahawba which may have accrued to the state in any manner, be released and remitted, until the first Monday in May next.

Sec. 2. And be it further enacted by the authority aforesaid, That no forfeitures of the first sale of lots shall take place if full and complete payments, without interest, shall be made by the first Monday in May next, Provided that this act shall not be so construed as to remit any interest, but such interest as may accrue after the first Monday in December 1824.

(Approved, December 8, 1824. )

__________

AN  ACT

Authorising Isaac Pugh to transfer certain real estate therein named.

Section 1. Be it enacted by the Senate and House of  Representatives of the State of Alabama in General Assembly convened, That Isaac Pugh, administrator of Amos Robertson, be and he is hereby empowered to transfer all the right, title, interest and claim which the late Amos Robertson had to the fractional sections numbered fifteen and twentytwo west of the Alabama river, in township eight, of range five, to William  Robertson.

(Approved, December 24, 1824.)

_________

AN ACT

Authorising Executors, &c. to relinquish Lands under the act of Congress of the 18th May, 1824.

Section 1. Be it enacted by the Senate and House of Representatives of the state of Alabama in General Assembly convened, That it shall and may be lawful for executors, administrators and guardians, in this state to enter a relinquishment of the lands of their testator, intestates or wards, upon which a part only of the purchase money has been paid and apply the money paid thereon, as the act of Congress

 


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of the eighteenth May, one thousand eight hundred and twentyfour, directs: Provided, That such relinquishments be made under the rules and restrictions of an act, passed fourteenth of June, one thousand eight hundred and twenty-one, entitled "An act to authorise executors, administrators and guardians to relinquish lands under the act of Congress, passed the second of May, one thousand eight hundred and twentyone, and for other purposes."

[Approved, December 24, 1824.]

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AN  ACT

Making Appropriations for the year 1825.

Section 1. Be  it enacted by the Senate and House of Representatives of the state of Alabama in General Assembly convened, That the following sums of money be, and they are hereby appropriated to defray the expences of the civil list, and other necessary charges of government, namely:  For the payment of the members of the General Assembly, at the present session, four thousand and fortysix dollars, twelve and a half cents, which added to the unexpended balance of former appropriations for that purpose, make the sum of twentytwo thousand dollars: For the payment of the annual salary of the Governor of this state, nineteen hundred and fifty four dollars, seventysix cents, which added to the unexpended balance of former appropriations for that purpose, make the sum of two thousand dollars: For the payment of the annual salaries of the judges of the circuit courts, seventeen hundred and fifty dollars each, making ten thousand five hundred dollars: For the payment of the annual salary of the secretary of state, comptroller and treasurer, one thousand dollars each, making three thousand dollars: For the payment of the annual salary of the attorney general, three hundred dollars: For the payment of the annual salary of the solicitor of the first judicial circuit, the sum of three hundred and fifty dollars: For the payment of the solicitors of the third,  fourth, fifth, and sixth judicial circuits, two hundred and fifty dollars each, making one thousand dollars: For the payment of the adjutant general, one hundred dollars: For the payment of the quarter master general, one hundred dollars: For the payment of the secretary of the Senate, and clerk of the House of Representatives, each seven dollars per day: For the payment of the assistant clerks of both branches of the General Assembly, each five dollars per day: For the payment of the doorkeepers of the Senate and of the House of Representatives, each four dollars per day; to be paid out of any money in the treasury not otherwise appropriated.

Sec. 2. And be it further enacted That the sum of one hundred dollars be allowed the secretary of the Senate for ex-officio services, in arranging the papers of the Senate, and preparing the journal for the press.

Sec. 3. And be it further enacted, That the sum of one hundred dollars be allowed the clerk of the House of Rep-

 


41

resentatives for exofficio services in arranging the public papers and preparing the journal for the press.

Sec. 4.  And be it further enacted, That the sum of two hundred and fifty dollars be appropriated as compensation to the secretary of state, for copying the laws of the present session of the General Assembly, and preparing them for the press.

Sec. 5. And be it further enacted, That the sum of two hundred dollars be allowed the comptroller of public accounts, for clerk hire for the present year.

Sec. 6. And be it further enacted, That the sum of ten thousand dollars be, and the same is hereby set apart as a contingent fund, subject to the Governor's draft.

Sec. 7.  And be it further enacted, That the sum of two thousand dollars be, and the same is hereby appropriated for the state printer.

[Approved, December 25, 1824.]

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AN ACT

To provide for the pay anent of slaves executed in pursuance of law.

Section 1. Be it enacted by the Senate and House of Representatives of the state of Alabama in General Assembly convened, That all slaves which may be hereafter executed in pursuance of law, shall be paid for in the manner hereinafter provided.

Sec. 2.And be it further enacted,  That whenever on the trial of any slave for a capital offence, the jury shall return a verdict of guilty, the presiding judge, shall have the same jury sworn to assess the value of said slave, and the verdict of said jury, shall be entered on the records of the court, and the master or owner of such slave producing to the comptroller of public accounts, a transcript from the record of the court, regularly certified by the clerk, and the certificate of the sheriff, that any spice has been executed in pursuance of the sentence of the court, shall be entitled to receive a warrant on the treasurer for one half of the amount assessed by the jury, to be paid out of the fund hereinafter provided for that purpose.

Sec. 3. And be it further enacted, That to raise a fund for the purpose aforesaid, it shall he the duty of the assessors annually to assess a tax of one cent on all negroes under ten years, and two cents on all negroes over ten and under sixty; and it shall be the duty of the tax collectors  to collect and return the same at the same time, and in the same manner they are now compelled by law to collect and return the state tax; and it shall be the duty of the treasurer to keep said fund separate and distinct from the revenue of the state.

Sec. 4.  And be it further enacted, That if the owner of any slave charged with a capital offence, shall fail to employ good and sufficient counsel, on behalf of said slave, it shall be the duty of the presiding judge before whom such slave may be tried, to assign counsel learned in the law to

F

 


42

defend said slave, who shall be entitled to receive from the owner the sum of twenty dollars for his services.

Sec. 5. And be it further enacted, That if the  owner or any other person having charge or government of any slave who shall be charged with any capital crime, shall conceal or carry away any such slave, so that he or she cannot be brought to condign punishment, every owner or other person so offending, shall forfeit the sum of five hundred dollars.

Sec. 6. And be it further enacted, That after the jury have found the value of the negro as aforesaid, they shall also say what portion of the same the master shall have, which in no case shall exceed one half of the value so found; and the prosecuting officer shall enquire as to all facts which would go to show the portion of blame attach ed to the master; that the jury may rightly assess the amount he shall have.

Sec. 7. And be it further enacted, That the slaves contemplated to be paid for by this act, shall not be so construed as to extend its benefits to the payment of slaves, executed in pursuance of this act in cases of rebellion or insurrection, or where neither the master or slave is settled in this state.

[Approved, December 24, 1824]