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AN ACT

For the relief of Charles Pearson.

Whereas, from the certificate of the comptroller of public accounts, it appears that Charles Pearson, collector of Lawrence county for the year eighteen hundred and twentytwo, made a mistake against himself of one hundred and twenty dollars twentyeight and a fourth cents, in the addition of the tax list by him returned to said comptroller's office for that year:

Section 1. Be it enacted by the Senate and House of  Representatives of the state of Alabama in General Assembly convened, That, the Comptroller of public accounts, be, and he is hereby authorised and required to issue his warrant in favor of said Charles Pearson, collector of Lawrence county for the year eighteen hundred and twentytwo, for the sum of one hundred and twenty dollars twentyeight and a fourth cents, together with two years interest thereon.

[ Approved, December 14, 1824.]

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AN  ACT

For the relief of Abel Penington.

Section 1. Be it enacted by the Senate and House of Representatives of the state of Alabama in General Assembly convened, That the payment of the balance of the judgment obtained by the comptroller of public accounts in behalf of the state against Abel Penington, in Tuscaloosa circuit court, shall be suspended from execution until the second Monday in December, 1825, Provided, the said Abel Penington, shall execute a deed of trust, on good and substantial property byway of security, and of an ample sufficient amount to be approved of by the solicitor of the third judi-

 


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cial circuit, well and truly to pay the said judgment at the time aforesaid.

Sec. 2. And be it further enacted, That the relief hereby granted, shall in no wise impair or effect the said judgment, but on failure to comply with the conditions of this act, execution may issue thereon, and the same shall remain as if this act had never passed.

Sec.3. And be it further enacted, That the above named deed, shall be executed to the auditor of public accounts, for the benefit of the state.

(Approved December 4, 1824)

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AN  ACT

Divorcing Sarah R. Swansey from James N. Swansey.

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 a decree of the circuit court of Franklin county, exercising chancery jurisdiction, pronounced at October term, in the year of our Lord one thousand eight hundred and twentyfour, the bands of matrimony heretofore solemnized and subsisting between Sarah R. Swansey and her husband, James N. Swansey, be, and the same are hereby annulled and made void; and that the said Sarah R. Swansey be henceforth divorced from the said James N. Swansey.

(Approved, December 14, 1824. )

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AN ACT

Divorcing Abraham Beadle, from Letitia Beadle.

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 at November term, one thousand eight hundred and twentyfour, the bands of matrimony heretofore solemnized and subsisting between Abraham Beadle, and Letitia Beadle, be, and the same are hereby annulled and made void, and that the said Abraham Beadle, be henceforth divorced from the said Letitia Beadle.

(Approved, December 14, 1824.)

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AN ACT

Altering the sale day's of Lands and Slaves in parts of counties of Lawrence and Franklin.

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 first day of January next hands and slaves levied on by execution north of the line which divides townships numbered five and six in the counties of Lawrence and Franklin in this state, and which by the existing laws are required to be sold on the sale days now fixed by law for the sale of such property in other counties, shall be sold on the second Monday and the following Tuesday and Wednesday in every month, and not otherwise at the places in said county of Lawrence and Franklin res-

 


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pectively directed by the provisions of an act entitled an act to provide for the sale of lands and slaves in the towns of Courtland and Tuscumbia in certain cases, passed December thirty-first, eighteen hundred and twenty-three.

Sec. 2. And be it further enacted, That so much of the provisions of the above recited act, as contravene the provisions of this act be, and the same is hereby repealed.

[Approved, December 23, 1824.]

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AN ACT

To alter the place of selling Lands and Negroes by the Sheriff of Bibb County, 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 hereafter, it shall be the duty of the sheriff of Bibb county, to sell such lands and negroes as he may levy on, on the west side of Cahawba river, at the town of Centreville.

Sec. 2.  And be it further enacted, That the constables in and for the county of Bibb, shall be regulated in their sales by the provisions of the first section of this act.

Sec. 3. And be it further enacted, That all acts and parts of acts contravening the provisions of this act, be, and the same is hereby repealed.

(Approved, December 22, 1824)

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AN ACT

Authorising the location and sale of certain quarter sections of Land, granted by Congress to the several counties of this state, for seats of justice.

Whereas the Congress of the United States, did at the last session thereof, pass an act granting to the several counties or parishes of each state and territory where there are public lands, at the minimum price for which public lands of the United States are sold, the right of pre-emption to one quarter section of land in each of the counties or parishes of said states and territories in trust for said counties or parishes respectively for the establishment of seats of justice therein, upon condition, that the proceeds of the sale of each of said quarter sections should be appropriated for the purpose of erecting public buildings in the county or parish for which it is located, after deducting there from the amount originally paid for the same, and upon further condition, that the seat of justice for said counties or parishes, respectively, should be fixed previously to a sale of the adjoining lands within the county or parish for which the same is located:

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the judge of the county court and the commissioners of revenue and roads of each and every county of this state, which may be entitled to the benefit of the said act of Congress of the United States, be, and they are hereby appointed commissioners in their respective counties


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for locating the aforerecited quarter sections of land, and for disposing of the same in such manner and upon such terms and conditions as they may deem most expedient for carrying into effect the purpose of the grant.

Sec. 2. And be it further enacted, That the said commissioners, be, and they are hereby further authorised and empowered to make such deeds of conveyance of the whole or any part of such quarter sections of land as they may deem expedient and proper, which shall be binding and valid in law; and the county treasurer of each and every county aforesaid, is also hereby empowered to sue for and recover in his official capacity all such sums of money as may become due and payable to the aforesaid counties, for or on account of the sale or sales of such quarter sections of land or of any part thereof: Provided, That nothing herein contained, shall be so construed as to extend to the counties of Shelby, Bibb, Tuscaloosa, Pickens, Jefferson, Blount, Morgan,  St. Clair, Jackson and Greene.

Sec. 3. And be it further enacted, That the judge and commissioners aforesaid, shall be authorised to draw from the county treasury such sum or sums of money as shall be sufficient to pay for said quarter section of land.

(Approved, December 24, 1824.)

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AN ACT

Appointing Agents to select a certain quarter section of land for the county of Shelby, and other counties therein names.

Section 1. Be it enacted by the Senate and House of Representatives of the state of Alabama in General Assembly convened, That Samuel Nabors, William Camron and Henry B. Robison  be, and they are hereby appointed agents, to select one quarter section of land, within and for the said county of Shelby in pursuance to an act of Congress, passed May the twentysixth, eighteen hundred and twentyfour, granting to the counties and parishes of each state and territory, in the United States, where the public lands are situated, preemption rights to one quarter section of land in trust for the said counties and parishes, respectively, for the establishment of seats of justice therein.

Sec. 2. And be it further enacted, That it shall be made the duty of the said agents, or any two of them, as soon as may be to select and obtain titles to the said quarter section, of land, in conformity to the act of Congress aforesaid.

Sec. 3. And be it further enacted, That the said agents shall so soon as they obtain legal titles to the said quarter section of land, proceed to offer the same for sale, in such manner as they may think advisable and best calculated to promote the true interests of the said county, and shall be, and, they are hereby authorised and empowered to make titles to the same.

Sec. 4. And be it further enacted, That the said agents or anyone of them, are hereby authorised to procure by loan, or otherwise the amount of money necessary to pay for and

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obtain titles to the said quarter section of land, and that they are hereby authorised to retain so much of the money arising from the sale of the said land, as may be sufficient to discharge the principal and interest procured by the agents for the purposes aforesaid.

Sec. 5. And be it further enacted, That it shall be the duty of the said agents, to pay into the county treasury of the said county all monies arising from the sale of the said land, after retaining the purchase money aforesaid, to be applied to the use or erecting the public buildings, in the said county of Shelby.

Sec. 6. And be it further enacted, That the said agents shall be entitled to receive as compensation for their trouble, in selecting and selling the said quarter section of land, five per centum, upon the whole amount of sales, provided, that the said agents, shall, before they enter upon the discharge of the duties herein assigned them, take and subscribe the following oath (to wit,) that I, _________ do solemnly swear, or affirm, (as the case may be,) that I will well, and faithfully discharge all the duties herein assigned me, to the best of my abilities, so help me God; which oath shall be filed away in the clerk's office of the county court in the said county of Shelby.

Sec. 7. And be it further enacted, That Patrick Scott Daniel Murphy, William Nichols, Thomas A. Williams, and Elijah Cowden, be, and they are hereby appointed agents for the county of Blount, for the same purposes, with the same powers, restrictions and limitations, as are provided for in the preceding sections of this act, appointing agents for the county of Shelby.

Sec. 8. And be it further enacted, That John Hunt, James Moore, and William White, be, and they are hereby appointed agents for the county of Bibb, to select a quarter section of land in the county of Bibb in pursuance to the above recited act of Congress under the same rules, and restrictions, as are provided for in the preceding sections of this act.

Sec. 9. And be it further enacted, That it shall be the duty of the said agents, so soon as they receive a legal title to the said land, to proceed to lay off a part of the same into such parcels or lots as they may think proper, and offer the same for sale in such manner, giving such notice, as they may deem expedient, and to dispose of the remainder of the said land, in such manner as may be best calculated to promote the true interest of the said county of Bibb; and that the said agents, are hereby authorised and empowered to convey, and make titles, to the said land sold by them as aforesaid.

Sec. 10. And be it further enacted, That the selection aforesaid, shall be made at or as near the centre of the said county of Bibb, as an eligible site, may be had; Provided, the said agents shall not be at liberty to select any site, or

 


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the centre of the  said county which centre, shall be found as near as may be by the said agents.

Sec. 11. And be it further enacted, That the quarter section of land, selected as aforesaid, shall be the permanent seat of justice for the said county of Bibb.

Sec. 12. And be it further enacted, That the money arising from  the said lands, shall after defraying all expenses as provided for in the above act, to which this is an amendment, be applied to the erecting the public buildings in the said county of Bibb.

Sec. 13. And be it further enacted, That the said agents are hereby authorized and required to contract for the building of the public buildings in the said county, as soon as  may be: Provided, the said agents, before they enter upon the duties herein assigned then, shall take and subscribe  the oath prescribed in the above act, to which this is an amendment: Provided, also, That the temporary seat of justice, for the county of Bibb, shall be the place of holding courts until, the agents aforesaid report the court house established under this act in readiness, to the judge of the county court.

Sec. 14. And be it further enacted, That in case the agents appointed for the counties of Shelby, Bibb, Tuscaloosa, Pickens and St.  Clair, should die, remove, or resign, or in any way refuse to act, then, and in that case, it shall be the duty of the judge of the county court for the respective counties to proceed to appoint other agents to fill such vacancy, under the same rule and restrictions, as prescribed in this act for the appointment of the agents aforesaid.

Sec. 15. And be it further enacted, That Stephen Hall, Lawrence S. Slaughter, Robert Eubank, Isaac Brown, Esq. and John Smith,. Esq. be, and they are hereby appointed agents in and for the county of Jefferson, for the same purposes, with the same powers, restrictions and limitations as are provided for in the preceding sections of this act, for the agents for the county of Shelby: Provided, nevertheless, That a majority of the said agents for the county of Jefferson shall be in any case allowed to act, and that in the event of the death, resignation, removal, or refusal to act, of any of the before named agents for the county of Jefferson, then and in that case the remainder of the agents shall have power to fill up the vacancies, which shall be certified up to the clerk of the county court, under their hands and seals; and the said agents for the county of Jefferson shall have power to appoint a treasurer, under such regulations and restrictions as they may think proper to prescribe.

Sec. 16. And be it further enacted, That John L. Tindall, Thomas Williams, Garland Hardwick, Thomas Hogg, and William H. Terrell be, and they are hereby appointed agents for the county of Tuscaloosa; and Hugh Harrison, James Hepling, J. G. Morris, James Newman, and Joel Huley, for the county of Pickens, for the same purposes, with the

 


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same powers, restrictions, and limitations, in their respective counties, as are provided for in the preceding sections of this act, appointing agents for the county of Shelby.

Sec. 17. And be it further enacted, That Thomas McElderry, Joseph Turney, John McKenzie, Drury Stovall and McKinney Holderness, be, and they are hereby appointed agents in and for the county of Morgan, for the same purposes, with the same powers, restrictions, and limitations as are provided for in the preceding sections of this act for the agents for the county of Shelby: Provided nevertheless, That a majority of the said agents for the county of Morgan shall be in any case allowed to act, and that in the event of the death, resignation, removal, or refusal to act, of any of the before named agents for the county of Morgan, then, and in that case, the remainder of the agents shall have power to fill up the vacancies, which shall be certified up to the clerk of the county court, under their hands and seals, and the said agents for the county of Morgan shall have power to appoint a treasurer, under such regulations and restrictions as they may think proper to prescribe.

Sec. 18. And be it further enacted, That John Massey, Amos Roling, and Moses Leister, be, and they are hereby appointed agents for the county of St. Clair, for the same purposes, subject to the same restrictions and limitations as the agents appointed under this act, for the counties of Shelby and Blount, possessing the same powers and privileges.

Sec. 19. And be it further enacted, That Dabney McGhee, Alexander McCalpin and E. Clements, be, and they are hereby appointed agents for the county of Greene, who shall select a quarter section of land for said county, under the same rules and regulations as prescribed in this act, for the government of the agents in the county of Shelby; and said agents for the county of Greene shall have power and authority to draw on the county treasury of said county for such sum or sums of money as may be necessary to procure said quarter section of land, for the benefit of the county aforesaid.

Sec. 20. And be it further enacted, That in case of the death or refusal to act of any of the aforesaid commissioners, the judge of the county court shall fill such vacancy

(Approved, December 15, 1824.)