AN ACT

To require Security upon granting a Supersedias.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That whenever an order for a supersedias to an execution shall be granted by any of the judges of the circuit courts, it shall be the duty of the clerk of the court to which it shall be directed, before issuing the same, to take a bond from the party in whose favor it is granted, with good and sufficient security, to be approved by the said clerk, in double the amount for which the said execution shall have issued, payable to the plaintiff or plaintiffs in the said execution; conditioned to pay and satisfy to the said plaintiff or plaintiffs the sum of money specified in the said execution, together with interest and costs, in case the said supersedias shall be set aside or be annulled.

SEC. 2. And be it further enacted, that the said bond, in case the supersedias be set aside or annulled, shall have the force and effect of a judgment against all the obligors, and that execution may be taken out against them all for the sum of money for which the first execution shall have issued, together with lawful interest thereon, and the costs by the plaintiff or plaintiffs in the said execution expended.

(Approved, January 4, 1826.)

AN ACT

To authorize clerks of the county courts to administer oaths 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 from and after the passage of this act, it shall be lawful for clerks of the respective county courts to administer the necessary oaths to all executors and administrators upon their obtaining letters testamentary or of administration, and all or any oath or oaths respecting the several duties of his office, which may or can be administered out of term time, by a justice of the peace or by said county courts, acting in pursuance of their several jurisdictions.


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SEC. 2. Be it further enacted, That any person or persons swearing falsely, when an oath is administered in pursuance of the authority given to such clerk in the preceding section of this act, he, she, or they, shall be liable to all the pains and penalties inflicted on those guilty of perjury, in like manner as if said oath or oaths had been or was administered in a court of record.

(Approved January 13, 1826.)

AN ACT

To provide for an extra term of the circuit court in Mobile and Baldwin Counties.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That it shall be the duty of the judge of the first judicial circuit, to hold a special term of the circuit court for Baldwin county, to commence on the first Monday in February next, and to continue one week, if business so long require, for the trial of all causes pending in the said court, and which stood for trial on the third Monday after the fourth Monday in October last; and that all actions may be commenced and writs and process be made returnable to the said special term.

SEC. 2. And be it further enacted, That it shall be the duty of the judge of the first judicial circuit, to hold a special term of the said circuit court for the county of Mobile, to commence on the second Monday in February next, and through, for trial of all causes pending in the said court, and which stood for trail on the third Monday after the fourth Monday in October last; and that all actions may be commenced and writs and process be made returnable to the said term.

(Approved, December 28, 1825.)

AN ACT

To compensate county court clerks for paying printers’ fees for publishing the appraisement of certain strays.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That is addition to the fees now required to be paid by takers up of strays, at the time of posting the same, when such stray or strays, so posted, shall be of a description requiring publication in a newspaper, according to the ninth section of the act to which this is an amendment, which said act was approved on the twenty-first day of December, one thousand eight hundred and twenty, the taker up in such case shall pay the sum of two dollars, for the printing of said publication, to the justice, which shall be, by said justice, returned to the clerk of the couthy court with the certificate of appraisement, as is now provided by law.

SEC. 2. And be it further enacted, That the said sum shall be, by the said taker up, recovered back of the owner of such strays, when proved away, as other expenses now are.


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SEC. 3. And be it further enacted, That any justice failing to return the appraisement of said strays and printing fees so deposited with him, as he is required by law to do, shall forfeit one hundred dollars, for every such offence, recoverable by any person who will sue for the same, one half to the use of the said person, and the other half to the use of the county treasury, before any court having jurisdiction of the same.

(Approved January 2, 1826.)

AN ACT

To repeal in part an act, entitled an act to establish certain counties Therein named, and for other purposes, passed December 17th, 1821; and for other purposes.

Whereas it appears to this General Assembly that the county of Decatur does not possess the quantity of territory required by the constitution of this state, and that in the establishment of said county, the county of Jackson was reduced to less quantity, and that it is unconstitutional to extend the boundaries of said counties into the territory within the chartered limits of this state to which the Indian title is not extinguished, to supply such deficiencies of territory,

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the fifth and sixth sections of the before recited act which fix the boundaries of Jackson county and establish the county of Decatur, be, and the same are hereby repealed.

SEC. 2. And be it further enacted, That all laws which were by the said sections repealed, are hereby revived.

SEC. 3. And be it further enacted, That all acts and parts of acts which are prescribed in the sections hereby repealed, are also hereby repealed.

SEC. 4. And be it further enacted, That the clerk of the circuit court of Decatur county, be, and he is hereby required, on or before the 10th day of February next, carefully to transmit to the clerk of the circuit court of Jackson county all the records, proceedings and papers belonging to or in any way connected with any suit heretofore tried or now pending in said circuit court of Decatur county, and all papers and proceedings in any other way appertaining to his office.

SEC. 5. And be it further enacted, That the clerk of the county court of Decatur county be, and he is hereby, required on or before the 10th day of February next, carefully to transmit to the clerk of the county court of Jackson all the records, proceedings and papers belonging to, or in any way connected with any suit heretofore tried, or now pending in said county court of Decatur county, and all papers and proceedings which belong to his office as clerk or register or in any other way.

SEC.6. And be it further enacted, That all process which may have issued from the aforesaid offices shall be returnable as follows, to wit: such as have issued or may hereaf-


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ter issue, since the last circuit court in Decatur county shall be and is hereby made returnable to the fist term of the circuit county of Jackson county, and such as may have issued or hereafter may issue, before the time aforesaid, from the office of the county of Decatur county, shall be and is hereby make returnable to the first term of Jackson county court.

SEC. 7. And be it further enacted, That the clerks of the circuit and county courts of Decatur county and the sheriff of said county, shall, in all respects, be liable for any negect, omission or misdemeanor in their duty, in the same manner that the clerks and sheriff of Jackson county would be, for a similar neglect or omission in the county of Jackson.

SEC. 8. And be it further enacted, That all persons heretofore, or may hereafter be bound over for offences against the state of Alabama, to the circuit court of Decatur county, shall be bound to stand their trial in the circuit court of Jackson county, in the same manner they would if they had been originally bound to Jackson circuit court.

SEC. 9 And it be further enacted, That all suits transferred according to the provisions of this act from the courts of Decatur county to those of Jackson county, shall stand for trial and be tried in the same manner as if the said suits had originated in the said last mentioned courts.

SEC. 10. And be it further enacted, That the justices of the peace and constables who have qualified as such, and are now acting as officers for the county of Decatur, are hereby permitted to remain in office as justices of the peace and constables for Jackson county, until the time they were appointed for in Decatur county would expire, whose acts shall be as valid as if they had been qualified as officers of said Jackson county.

SEC. 11. And be it further enacted, That all appeals from the decision of justices of the peace of Decatur county now abolished, shall hereafterbe made returnable to the courts of Jackson county at their next sessions.

SEC. 12. And be it further enacted, That the county treasurer of said county of Decatur, hereby abolished, shall pay over all monies in his hands, belonging to said county, to the county treasurer of Jackson county, and transfer all papers relative to the office of treasurer in Decatur county, to the treasurer of the county of Jackson.

SEC. 13. And be it further enacted, That all election precincts in said county of Decatur, abolished by this act, shall be and remain election precincts for the county of Jackson.

SEC. 14. And be it further enacted, That all claims against the county treasury of Decatur county, shall be valid and paid out of the county treasury of Jackson county, under the same rules and regulations as other claims of Jackson county against the county treasury.

(Approved, December 28, 1825.)


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AN ACT

To establish a permanent Seat of Justice in the County of Jackson, 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 George Caperton, David Williams, James Russell, Major William Proctor, Gilbreath Barton, William Hudson, William Dodson, Henry Derick and Captain Brantley Wright, be, and they are hereby appointed, commissioners, who, or a majority of whom, shall select two places, the most eligible and convenient sites, as near the centre of said county as may be, to comport with the future and permanent interest of the whole county, having a due regard to situation and good water, one of which shall be selected as the seat of justice of the said county, in the manner in this act hereafter prescribed.

SEC. 2. And be it further enacted, That the said commissioners shall meet in the town of Bellfonte on the first Monday in February next, for the purpose of selecting, and shall continue from day to day, until they do select the two places as mentioned in the first section of this act; and before they proceed to the duties of said mission they shall take the following oath or affirmation, to be administered by some person authorized to administer oaths, (to wit:) You and each of you do solemnly swear, (or affirm as the case may be,) that you will select and put in nomination tow sites for the seat of justice for the said county of Jackson, according to the requisitions of the fist section of this act, according to the best of your judgment, without favor or affection, prejudice or partiality, and without any other consideration that the common good and interest of said county generally.

SEC. 3. And be it further enacted, That if any vacancy shall occur by the death, resignation or refusal to act of any of the commissioners by this act appointed, it shall be the duty of the judge of the county court of said county, to appoint some person to fill such vacancy with some person who lives as near the place where he resides or resided whose vacancy is to be filled, and who shall have all the powers, take the same oath, and be in other respects subject to the same restriction to which the commissioners by this act appointed are subject.

SEC. 4. And be it further enacted, That the commissioners aforesaid shall so soon as they fix upon the sites according to the provisions of this act, notify the sheriff of said county thereof, and furnish him with a written description of the sites selected, and if said commissioners should select either of the sites on the land of an individual or individuals, they are hereby empowered to accept of any propositions of donations made by the proprietor or proprietors of the lands thus selected, and make a conditional contract for the same, which contract shall be affirmed if

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according to the result of the election hereinafter provided for, the seat of justice shall be fixed on such land, the terms and conditions of which contract or contracts for donations shall be furnished to the sheriff by the said commissioners.

SEC. 5. And be it further enacted, That it shall be the duty of the sheriff of said county, as soon as he receives the return of said commissioners, to advertise and hold an election in said county on the fourth Monday in March next, at the different precincts established by law for holding the general election in said county according to the said advertisement, the two places nominated by said commissioners, and the terms and conditions of any contract or contracts, which may be make according to the provisions of the fourth section of this act, which said election shall be advertised fifteen days before the time of holding the same at six or more of the most public places in said county, and shall be conducted pursuant to the election laws now in force in this state.

SEC. 6. And be it further enacted, That all persons within the limits of said county, who are entitled to vote for members to the General Assembly, shall be qualified electors at such election, and the site having the greatest number of votes thus nominated, shall be the permanent seat of justice for Jackson county.

SEC. 7. And be it further enacted, That if according to the provisions of this act, the seat of justice be fixed on public lands, in that case, the quarter section of land on which it is fixed shall, and the selection thus made, shall be the selection of the quarter section of land to the right of pre-emption, to which the said county of Jackson is entitled by acts of Congress, entitled an act granting to the counties or parishes of each state or territory of the United States, in which the public lands are situated, the right of pre-emption to one quarter section of land for seats of justice for the same, approved, May 26th, 1824.

SEC. 8. And be it further enacted, That if according to the provisions of this act, the seat of justice be fixed upon the land of an individual or individuals, in that case Doct. Lemuel Gillum, Doct. A. W. Davis, Nathaniel Hudson, Charles L. Roach, and Richard B. Clayton, be, and they are hereby appointed Commissioners to select the said quarter section of land, according to the act of Congress aforesaid, and make return to the judge of the county court, what quarter section of land they have chosen, whose certificate of such return, and that the seat of justice has been permanently fixed before the sale of the public lands adjoining, together with this act shall be evidence of a selection of a quarter section of land according to the before recited act of Congress.

SEC. 9. And be it further enacted, That if according to the provisions of this act, the seat of justice be fixed on


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public lands, it shall be the duty of the sheriff to certify the same to the judge of the county court, whose certificate together with this act, shall be evidence of the selection of a quarter section of land, according to the before recited act of Congress.

SEC.10. And be it further enacted, That the judge of the county court, and the commissioners of the revenue and roads shall be, and they are hereby empowered to contract for such loan of money as shall be necessary to pay the government price, for the said quarter section of land, at a rate per centum not exceeding the legal interest according to the law of this state, which shall be payable whenever the amount shall be realized by the sale of such quarter section of land or any part thereof.

SEC. 11. And be it further enacted, That the said Doctor Lemuel Gillum, Doct. A. W. Davis, Nathaniel Hudson, Charles L. Roach and Richard B. Clayton be, and they are hereby appointed commissioners for the purpose of laying off a town, surveying and selling lots, at the seat of justice fixed upon by the provisions of this act for the said county of Jackson and to contracts for, and cause the public buildings for said country to be erected on such terms as they may think most conducive to the true interest of said county.

SEC. 12. And be it further enacted, That it shall be the duty of the said last mentioned commissioners to employ a surveyor to survey, designate and lay off lots in said town by such metes and bounds, and of such dimensions as said commissioners may direct, and make out a fair plat, or correct map, with the 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 13. And be it further enacted, That the said commissioners shall give at least six weeks notice in some newspaper printed in the town of Huntsville, of the time and place of selling lots, at the seat of justice aforesaid, and also at three of the most public places by advertisement in said county of Jackson.

SEC. 14. And be it further enacted, That the said commissioners shall have power to sell the lots aforesaid, on such terms and conditions, as they may think best calculated to promote the best interest of the county, 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. 15. And be it further enacted, That the said commissioners shall cause to be laid out a public square of such dimensions as they may deem proper, and reserve the same from sale, and also any number of lots not exceeding six for other public uses.

SEC. 16. And be it further enacted, That the said commissioners shall give six week’s notice in such manner as


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is prescribed in the thirteenth section of this act, that they will receive proposals for building a Court-House and Jail for the use of the County aforesaid, of such dimensions as they may think proper; and the commissioners shall take bond with approved security, from the undertaker, or undertakers, in double the amount for which said public buildings may be undertaken, conditioned for the faithful completion thereof by the time specified in the bond, and agreeable to the plan devised, payable to them as commissioners for the county of Jackson, and their successors in office.

SEC. 17. 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 make payable to Lemuel Gillum, A. W. Davis, Nathaniel Hudson, Charles L. Roach, and Richard B. Clayton, commissioners for Jackson County, and their successors in office, who are hereby vested with full power to sue and recover the sum or sums of money therein specified.

SEC. 18. And be it further enacted, That in case of death, resignation, removal, or refusal to act of either of the commissioners last aforesaid, it shall and may be lawful for the residue of said last commissioners to nominate and appoint any person or persons to fill such vacancy.

SEC. 19. And be it further enacted, That the said commissioners, before they enter on the duties of their appointment, shall take and subscribe the following oath, to be administered by any Justice of the Peace, or County Judge for sad County, to wit: I (or we, as the case my be) do solemnly swear, that as commissioner, or commissioners, of Jackson County, will faithfully and impartially, and to the best of my (or our) ability, (or abilities, as the case may be,) discharge the duties of commissioner, or commissioners, for the said county of Jackson, so far as in their power, to the best interest of said county, so help me God; which oath shall be deposited in the office of the County Court Clerk’s office.

SEC. 20. And be it further enacted, That the said last mentioned commissioners be, and they are hereby, empowered, to sell and dispose of the said quarter-section of land, which may be selected according to the aforesaid act of Congress, in such manner, and upon such conditions, as they may deem most expedient for carrying into effect the purpose of the grant.

SEC. 21. And be it further enacted, That the said commissioners shall, from time to time, receive such compensation for their services as shall be allowed them by the County Court of said County, to be paid out of the County Treasury.

SEC. 22. And be it further enacted, That the commissioners last aforesaid be, and they are hereby, authorised


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and empowered to make such deeds of conveyance, or bonds for a title to the whole, or any part, of said quarter-section of land, as they may deem expedient for carrying into effect the purpose of the grant.

SEC. 23. And be it further enacted, That the commissioners in this act first appointed, shall be allowed, for compensation for their services, the sum of one dollar per day, to be paid out of the county treasury, out of any monies not otherwise appropriated, upon the certificate of the Judge of the County Court of said County.

SEC. 24. And be it further enacted, That all acts, and parts of acts, coming within the purview and meaning of this act, be, and the same are hereby, repealed.

(Approved, January 7, 1826.)

AN ACT

The better to secure money in the hands of clerks, sheriffs and coroners.

SECTION 1. Be it enacted by the Senate the House of Representatives of the State of Alabama in General Assembly convened, That whenever any clerk, sheriff or coroner, shall fail or refuse to pay over any money, collected or received by him, upon any execution, on the application of the plaintiff or plaintiffs, his, her or their attorney or agent, it shall be lawful for the court, to which the said execution shall be returnable, upon one day’s notice being given to the said clerk, sheriff or coroner, and on motion of the plaintiff or plaintiffs in said execution, to render judgment against the clerk, sheriff or coroner, thus failing, and his security, or any or either of them, for the amount of money thus received, together with five per centum upon the amount of the said execution as damages, for each and every month, for which the paid money shall have been detained, after demand made, together with the costs of suit.

SEC. 2. And be it further enacted, That whenever any sheriff or coroner shall make any return of any execution, which the plaintiff or plaintiffs, his, her or their attorney, shall suggest to the court to be a false return, the court shall, forthwith, cause an issue to be made up to try the falsity of said return, and if the said return be found false, judgment shall be rendered against the said sheriff or coroner and his securities, or any or either of them, for the amount of money specified in the said execution, together with ten per centum damages on the amount of the said execution, and also the costs of suit.

SEC 3. And be it further enacted, That whenever any sheriff or coroner, to whom an execution shall have been delivered, shall fail to make the money on or before the first day of the term of the court, to which the said execution shall be returnable, and the plaintiff or plaintiffs, his, her, or their attorney, shall suggest to the court, that the money could have been made, by the said sheriff or coroner, with due diligence, it shall be the duty of the court, forthwith,


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to cause an issue to be made up to try the fact; and if it shall be found by the jury, that the said money could have been made by the sheriff or coroner, with due diligence, judgment shall be rendered against the said sheriff or coroner, and his securities, or any or either of them, for the sum of money specified in the said execution, together with ten per centum, on the amount of the said execution, as damages, and also the costs of suit.

SEC. 4. And be it further enacted, That it shall, and my be lawful for the court, to which an execution shall be returnable, to issue an attachment against any sheriff or coroner, who shall have received any execution, and failed to return the same; and also to issue an attachment against any person who shall, as clerk or sheriff or coroner, have collected or received money upon any execution, and fails to pay over the same; upon its appearing to the court that the party, thus failing, has had one day’s notice of the motion to be made for the said attachment.

SEC. 5. And be it further enacted, That whenever the office of sheriff, in any county, shall become vacant, it shall be lawful for the coroner of the said county to perform all the duties imposed, by law, upon the sheriff of the several counties, under all the penalties and liabilities created by law for a violation or neglect of duty by the several sheriffs.

(Approved, January 12, 1826.)

AN ACT

To authorize Sheriffs to serve notices.

Section 1. Be it enacted by the Senate and House of Representatives of the state of Alabama in general assembly convened, That all notices in writing, which may be necessary or proper to be given by either plaintiff or defendant in any suit, either at common law or in chancery, may be served by the sheriff of any county, and that the return of the sheriff, of the service of the same, shall be good and sufficient in any court of record in this state.

Sec. 2. And be it further enacted, that the sheriff of the several counties in this state shall have and receive the sum of fifty cents for each notice served by them, by virtue of this act.

[Approved Jan. 14, 1826.]

AN ACT

To authorize the appointment of a clerk of the supreme court; 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 Judges elect, or a majority of them, of the circuit courts of the state of Alabama, be and they are hereby authorized immediately after the passage of this act, to appoint a clerk of the supreme court, who shall hold his office during five years, but be removable at any time for misbehaviour in office, two-thirds of the Judges of the supreme court concurring in such removal.


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Sec. 2. And be it further enacted, That all clerks of the supreme court, who may hereafter be appointed, shall execute a bond with good and sufficient security, to be approved of by the Judges of the said circuit courts, and in such sum as they or a majority of them may direct, conditioned for the faithful performance of the duties of said office: Provide nevertheless, that a majority of said Judges may at any time require said clerk to give additional or other security, and if said clerk shall fail so to do within a reasonable time, to be prescribed by the court, the said office shall be thereby vacated.

Sec. 3. And be it further enacted, That said clerk of the said supreme court shall receive for his services, such compensation as is now allowed by law.

Sec. 4. And be it further enacted, That a majority of the said Judges may at any time fill any vacancy in said office of clerk, and shall, or some one of them shall, administer such oaths of office, as may be prescribed by law, to said clerk, previous to his entering on the duties of his office.

Sec. 5. And be it further enacted, That the clerk of the supreme court shall, within three months after the passage of this act, establish his office at Tuscaloosa at which place the said office shall be kept, and remain so long as the seat of government shall continue at said place.

Sec. 6. And be it further enacted, That this act shall be in force from and after its passage.

(Approved, December 31, 1825.)

AN ACT

For the better organization of the county court 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 county court of Mobile county shall be held from times, and no oftener, in each year, to wit, on the first Monday of February, May, August, and November, for the trail of civil and criminal causes; that the civil jurisdiction shall be confined to the trial of appeals from the decisions of justices of the peace, and no original jurisdiction in all cases arising form contract, where the amount in controversy shall not exceed on hundred dollars; that the criminal jurisdiction shall extend to all cases not capital; that it shall be the duty of all justices of the peace of said county, to make all recognizances that may be by them hereafter taken returnable to the said count court, unless the offence be capital, or unless the judge of the said county court shall direct the return to be made to the circuit court.

Sec. 2. And be it further enacted, That whenever, in the trial of any criminal case in the said county court, the party accused, or his counsel, shall except to any opinion by the judge of the said court, such exceptions shall be filed in writing with the clerk at the time of making them; and


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an appeal from the opinion pronounced may be taken to the next circuit court to be held in the said county: Provided, that the party accused enter into satisfactory recognizance for his appearance at the said circuit court, or remain in custody: and, provided also, that the only point on which the said circuit court shall decide shall be the correctness or incorrectness of the said opinion excepted to; and if the same be affirmed, the judge of the said circuit court shall proceed to pass sentence according to law.

Sec. 3. And be it further enacted, That whenever judgments shall be rendered in civil cases by a justice of the peace of Mobile county, the appeal shall be taken to the county court in the manner now allowed by law, and not to the circuit court; and if the amount in controversy shall not exceed twenty dollars, exclusive of cost, the judgment of the said county court shall be final; and that no certiorari shall be to the judgment of the said justice of the peace of said county.

Sec. 4. And be it further enacted, That the number of jurors required to attend at the said county court of Mobile county be twenty-four; and that all acts, and parts of acts, repugnant to the provisions of this act, be repealed.

Sec. 5. And be it further enacted, That it shall be lawful for the judge of the county court of said county, to order the said court to be held at, and the offices of the circuit and county courts to be removed to, any place within the said county, whenever in his opinion the same may be expedient, from the prevalence of malignant disease in the city of Mobile.

(Approved January 13, 1826.)

AN ACT

To provide for the payment of Petit Jurors in the Counties of Blount, Montgomery, Mobile, and Baldwin; 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 petit jury in the counties of Blount, Montgomery, Mobile, and Baldwin, shall, in all cases on which verdicts shall be rendered by them, receive the sum of two dollars for each cause tried, to be paid by the plaintiff or successful party, at the time of rendering the verdict; and the sum so paid by the plaintiff, or successful party, shall be taxed and collected in the bill of costs for the use of the successful party.

Sec. 2. And be it further enacted, That the tax of two dollars on each suit now authorized by law to be taxed in the bill of costs, shall cease to be in force, so far as the same relates to suits hereafter brought in the circuit courts in the counties aforesaid.

Sec. 3. And be it further enacted, That all laws, and parts of laws, now in force, providing for the payment of petit jurors in the above-named counties, be, and the same are hereby repealed.

(Approved January 7, 1826.)