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AN ACT

Establishing Schools in the County of Mobile.

Section 1. Be it enacted by the Senate and House of Representatives of the state of Alabama, in general assembly convened, That a board of commissioners, by the name and style of "The Mobile School Commissioners," be, and the same is hereby established in said county, who shall have full power and authority to establish and regulate schools, and to devise, put in force, and execute such plans and devises for the increase of knowledge, educating youth, and promoting the cause of learning in said county, as to them may appear expedient.

Sec. 2. And be it further enacted, That all lands, grants, and immunities already conferred, or which may hereafter be conferred, on the inhabitants of said county, or of any city, town, or township therein, for purposes of education, either by the United States or this State, shall be, and the same are hereby, placed under the direction, management, and control of said commissioners.

Sec. 3. And be it further enacted, That the revenues accruing to the treasury of said county form the following sources: to wit

Sec. 4. And be it further enacted, That the said board of commissioners be, and they are hereby, authorised to select a section of land contiguous to the section number sixteen, in the township in which the city of Mobile is situate, in lieu of said section, which is covered by private claims under grants of the Spanish Government, and to procure the location of the section so selected, in the manner prescribed by the act of Congress on that subject.

Sec. 5. And be it further enacted, That the said board of commissioners may appoint and employ a treasurer, and such other officers and servants as to them may appear proper, who shall perform such duties, and give such bonds as may be required of them by the said board.

Sec. 6. And be it further enacted, That the number of commissioners shall not be less than thirteen, nor more than twenty-five; and the board shall have power to make,


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and put in force, such by-laws and regulations, not inconsistent with the laws of this State or of the United States, as to them may appear expedient, and the same to revoke and alter, and to prosecute all suits and actions in their corporate name, in the same manner as private persons.

Sec. 7. And be it further enacted, That the commissioners hereinafter named shall continue in office for the term of five years; and from thence until the next general election for Representatives to the General Assembly, at which time, and at every fifth year thereafter, there shall be elected the requisite number of commissioners to complete the board; and if a vacancy occur at any time in the board, the same may be filled by the vote of a majority of the commissioners then in office, and the members thus added shall hold their offices for the remainder of the term; and any seven members at a regular meeting shall constitute a quorum to do business.

Sec. 8. And be it further enacted, That the following persons be, and they are hereby, constituted members of said board of commissioners: to wit

(Approved January 10, 1826.)

AN ACT concerning Taxes in Mobile county.

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 not be lawful for the judge of the county court, and the commissioners of roads, and revenue of Mobile county, to levy more that fifty per centum on the amount of the state taxes of said county, under the provisions of an act to authorize the judge of the county court, and the commissioners of roads and revenue of Mobile county to levy an extra tax for building a court-house and a jail in said county, and for other purposes passed the thirty-first of December on thousand eight hundred and and twenty-three.

Sec. 2. And be it further enacted, That so much of an act passed at the last session of the General Assembly, entitled "an act concerning the revenue of Mobile county," As imposed a tax of one hundred dollars on all theatrical representations be, and the same is hereby, repealed; and the judge of the county court, and the commissioners of roads and revenue of said county, are hereby authorized, at their discretion, to refund the amount of any license heretofore paid for theatrical representations in said county.

(Approved January 7, 1826)


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AN ACT

To authorize certain Persons therein named to raise by Lottery a certain sum of money for the purposes therein contained.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That Anthony Winston, David Keller, Philip Godly, Samuel Bell, and William S. Gray, are hereby authorized and invested with full power and authority to raise by lottery the sum of three thousand dollars, to be laid out in the improvement of the Military Road leading from Russelville, in Franklin county, to Tuscumbia, in said county.

Sec. 2. And be it further enacted, That the sum thus raised shall be laid out, under the direction of the judge of the county court and commissioners of revenue of Franklin county, in repairing and putting in good order said road between the aforesaid points.

Sec. 3. And be it further enacted, That the commissioners, appointed by this act, shall, before they enter upon the discharge of their duties assigned them, execute a bond payable to the judge of the county court of Franklin county, in such sum as he may direct, with security to be by him approved, for the faithful discharge of the duties required of them by this act.

(Approved January 10, 1826.)

AN ACT

Respecting buoys and other land marks in Mobile Bay.

Section 1. Be it enacted by the Senate and House of Representatives of the state of Alabama, in general assembly convened, That if any person or persons shall wantonly destroy, remove, or injure any of the buoys, takes, land-marks, or signals now established, or which may hereafter be established, under the authority of the collector, or other officers of the customs, or of the harbour-master and wardens of the port of Mobile, at the entrance or within the harbour or Mobile Bay, the person or persons so offending shall, upon conviction thereof in the circuit court of Mobile county, be fined in a sum not exceeding Five hundred Dollars, or be imprisoned for a term not exceeding three months, at the discretion of the court before which such conviction shall be had.

(Approved January 13, 1826.)

AN ACT

To change the time of selling property levied upon by executions.

Section 1. Be it enacted by the Senate and House of Representatives of the state of Alabama, in general assembly convened, That all sales of property now required to be sold on the first Monday, Tuesday and Wednesday in every month, shall hereafter be sold on the first Monday in every month, and that all sales made hereafter by any sheriff, coroner or constable shall be made between the hours of eleven o’clock in the forenoon and four o’clock in the afternoon.

(Approved, Jan. 13, 1826.)


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AN ACT

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

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in general assembly convened, that the harbour-master and wardens of the prot of Mobile be, and they are hereby, declared a board of commissioners for the purpose of impoving the navigation of Mobile River and the Passes thereof, extending from the city of Mobile to the ship-channel, leading from Dog River bar in the harbour of Mobile to the junction of Spanish and Tensaw Rivers, with full power and authority to appoint a treasurer, and a secretary who shall perform such other duties as may be required of him by the board and to ordain, establish and put in force such bye-laws, rules and regulations, not contrary to the laws of this State or of the United States, as to them may seem necessary or expedient.

Sec. 2. And be it further enacted, That the said board of commissioners be, and they are hereby, authorized and required to employ one or more persons of competent skill to explore and survey that part of Mobile River, and one or both of the passes thereof, extending from the city of Mobile to the ship-channel aforesaid, for the purpose of ascertaining the obstructions to the navigation thereof, and how far it may be practicable to remove the same, and the probable expense thereof; and the person or persons so employed shall make correct draughts or plots of the said survey, and an estimate on the probable expense of removing the said obstructions, and report the same in writing to the board, who shall, thereupon, take such measures as to them shall appear meet for removing such obstructions, so as to admit the direct and ready access to the city of Mobile, by one or both of the aforesaid passes, of vessels of any draft of water that can 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, authorized and required to demand and receive from the master, owner, consignee, or agent of any and every vessel arriving at, or departing from, the port or harbour of Mobile, drawing, when fully laden, more than seven feet water, the sum of five cents per ton of each and every such vessel, at the time of her arrival at, and departure from, said port or harbour; 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 harbour, both on his arrival and on his departure, to declare 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 term 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 harbour, 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 herein after provided for.

Sec. 4. And be it further enacted, That the board of commissioners aforesaid be, and they are hereby, authorized and empowered to raise, by lottery, in one or more classes, as to them may


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seem necessary and convenient, and also by subscriptions or donations, such sum or sums of money, not exceeding in the aggregate, the sum of twenty-five 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, as also such sum or sums as may, from time to time, be granted by the general assemble of the state, in aid of this object, be, and the same are hereby appropriated exclusively to the performance of the above mentioned work, and to the payment of the expenses incident thereto; and for that purpose, the same are hereby vested in the said board of commissioners 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 collector’s services and expenses in collecting, receiving, and paying over the same, two per centum on the amount so paid over by him.

Sec. 5. And be it further enacted, that so soon as the Pass or Passes of that part of Mobile River aforesaid, shall be fully cleared, and the 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 on impost, so laid in the third section of this act, shall thenceforward cease and determine: Provided always, That whenever the said Pass or Passes of that part of the River Mobile aforesaid, shall again become obstructed, it shall be the duty of the said commissioners, 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 shall be revived and 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 authorized 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 Pass or Passes, 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 the receipts and expenditures, under this act, to be kept; and to report thereon in writing, with the progress made in effecting the object contemplated by this act, to be mad annually to the general assembly of this state; which report and accounts shall be published for the information and satisfaction of the publick.

Sec. 7. And be it further enacted, That the said commissioners, before entering on the duties enjoined by this act, shall severally enter into bond in the penal sum of five thousand dollars each with security to be approved by the judges of the county court of Mobile county, or by the mayor of the city of Mobile, made payable to the governour for the time being, and his successors in office, conditioned for the faithful application of all monies which may


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come into their hands under the provisions of this act: which bond shall be filed, in the office of the secretary of state, by the judge or mayor approving the same: and as a compensation for the services hereby required to be performed by the said commissioners, they be authorized to deduct and retain five per centum on all sums disbursed by them.

Sec. 8. And be it further enacted, that this act shall take effect from and after the passage thereof, except so much as requires the consent of the congress of the United States, which shall be in force as soon as said consent shall be obtained thereto: and his excellency the governour is hereby authorized and required to take measures for obtaining the same.

Sec. 9. And be it further enacted, That an act for improving the navigation of the harbour and port of Mobile, passed the twenty-fourth of December, in the year one thousand eight hundred and twenty-four, be, and the same is hereby, repealed.

(Approved, December 20, 1825.)

AN ACT

To provide for the appointment of a Public Weigher for the town of Blakeley.

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 of Baldwin county be, and he is hereby authorized to appoint one or more suitable persons, not exceeding two, who shall be known as a public weigher for the town of Blakeley.

Sec. 2. And be it further enacted, That the public weigher to be appointed by virtue of this act, shall be required to give bonds to the same amount, payable to the judge of the County court of Baldwin county, for the faithful performance of the duties assigned him, and be subject to the same penalties and liabilities under the direction of the judge of the county court aforesaid, as the public weighers of the city of Mobile are subjected to by "an act authorizing the judge of the county court of Mobile county to appoint a public weigher for the city of Moble." passed December thirty-first, one thousand eight hundred and twenty-two, and by and act, entitled "an act to alter and amend an act authorizing the judge of the county court of Mobile county to appoint a public weigher in the city of Mobile," passed December twenty-fourth, one thousand eight hundred and twenty-four.

Sec. 3. And be it further enacted, That it shall not be lawful for any public weigher in the city of Mobile or town of Blakeley to charge for labor, marking, &c. but shall only be entitled to the sum of six and one-fourth cents for each bale so weighed by him.

Sec. 4. And be it further enacted, That this act shall be in force from and after its passage.

[Approved, January 10, 1826.]


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AN ACT

To alter and amend the several laws now in force in this state to suppress the evil practice of duelling.

SECTION 1. Be it enacted by the Senate and House of Representatives of the state of Alabama, in general assembly convened, That all members of the general assembly, hereafter to be elected or appointed, under the authority of the constitution and laws of this state, and counsellors and attorneys at law, shall before they enter upon the discharge of the duties of their stations or offices, either civil, military or otherwise, take and subscribe one of the following oaths, as the case may be, (in addition to the oath prescribed by the constitution) before any judge of the circuit or county court, or any justice of the peace, who shall deliver such oath to the clerk of the circuit court for safe keeping. I, ________, do solemnly swear, or affirm (as the case may be) that I have, neither directly nor indirectly, given, accepted or knowingly carried a challenge in writing or otherwise, to any person or persons (being a citizen of this state) to fight in single combat or otherwise, with any deadly weapon, either in or out of this state, or aided or abetted in the same, since the first day of January one thousand eight hundred and twenty six; and that I will, neither directly nor indirectly, give, accept or knowingly carry a challenge in any manner whatsoever, to any person or persons (being a citizen of this state) to fight in single combat or otherwise, with any deadly weapon, in or out of the state, or in any manner whatsoever aid or abet the same, during the time for which I am elected, or during my continuance in office, or during my continuance in the discharge of any public function.

Sec. 2. And be it further enacted, That any person or persons, who has or have emigrated to this state since the first day of January one thousand eight hundred and twenty-six, or may hereafter become a citizen of this state, shall, before he enters upon the discharge of any public function, take and subscribe the following oath; I, ________, do solemnly swear or affirm (as the case may be) that I have, neither directly nor indirectly, given, accepted or knowingly carried a challenge in writing or otherwise to any person or persons, (being a citizen or citizens of this state) to fight in single combat or otherwise with any deadly weapon, either in or out of this state, or aided or abetted in the same, since I have been a citizen thereof; and that I will, neither directly or indirectly, give, accept or knowingly carry a challenge in any manner whatsoever, to any person or persons (being a citizen or citizens of this state) to fight in single combat or otherwise, with any deadly weapon, in or out of this state, or in any manner whatsoever aid or abet the same during the time for which I am elected, or during my continuance in office, or during my continuance in the discharge of any public function.

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Sec. 3. And be it further enacted, That all acts or parts of acts coming within the meaning and perview of this act be and the same are hereby repealed.

[Approved Jan. 7, 1826.]

AN ACT

To establish certain election precincts therein named.

Sec. 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 Josh Rodens in the county of Greene, be discontinued, and in and new ones lieu thereof an election precinct established in the town of Springfield: also, the election precinct heretofore established at the house of Jacob Gillaspie in the aforesaid county be discontinued and on in lieu thereof at the store of David Morrow.

Sec. 2. And be it further enacted, that there shall be an additional election precinct in the count of Pickens at the house of William Sanders: also, an additional election precinct in the aforesaid county at the house of Stephen Bennett.

Sec. 3. And be it further enacted, That the election precinct formerly held at the house of Abraham Smith, in Coosa Valley, be hereby discontinued, and that in lieu thereof an election precinct be established at the house of Henry B. Robinson, In Coosa Balley, and that an additional election precinct be established at the house of Robert Cardons in Shelby county.

Sec. 4. And be it further enacted, That there shall be an additional election precinct in the county of Pike at the house of Robert M. Patterson.

Sec. 5. And be it further enacted,, That the election precinct heretofore held at the house of John Read on Paint Rock in Jackson county, be and the same is hereby discontinued, and that an election precinct be and is hereby established at the house of Shipman Read in said county.

Sec. 6. And be it further enacted, That there shall be an additional election precinct at the house of Jones Cook in the fork of the Catoma creek in Montgomery county.

Sec. 7. And be it further enacted, That the election precinct heretofore held at the house of Thomas A. Williams be hereby discontinued, and that there be established one election precinct at Morgan’s Spring’s, and one other at the house of Abraham Stout in Blount county.

Sec. 8. And be it further enacted, That there shall be established by this act an additional election precinct at the house of John Webb, near the town of Waterloo in the county of Lauderdale.

Sec. 9. And be it further enacted, That the precinct election heretofore established in Morgan county, viz. the one at Craft and Holly’s store, one at Mark Hardin’s, one at Centreville, one at Adam Torrence’s, and the one at Col. Francis Dancy’s, be and the same are hereby discontinued, and that the following election precincts in said county of


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Morgan are hereby established, one at Cooksville or David Ballews, one at Elisha Green’s, one at Eckford’s bluff spring, one at H. B. Mithcell’s store, and one at the store-house of Robert F. Houston.

Sec. 10. And be it further enacted, That the election precinct heretofore established at the house of John Leonard in the county of Madison, be discontinued, and that there be established in lieu thereof an election precinct at the house of George Johnson, at the cross roads in said county.

Sec. 11. And be it further enacted, That there shall be established at the house of Moses Mills in the county of Autauga, one election precinct in addition to those heretofore established.

Sec. 12. And be it further enacted, That it shall be the duty of the assessor and collector for the county of Autauga to attend at the house of said Moses Mills for the purpose of assessing and collecting taxes, under the same requisitions as required by law, making it their duty to give notice, and attend the respective captain’s districts.

Sec. 13. And be it further enacted, That there shall be an additional election precinct established at the house of Dr. E. Burrows in Dallas county.

Sec. 14. And be it further enacted, That the election precinct now established at the house of John J. McElroy, be and the same is hereby discontinued, and one is hereby established at the house of James A. McElroy in township 15, range 8, in Dallas county.

Sec.15. And be it further enacted, That hereafter there shall be an additional election precinct at the house of Thomas McGee in Marengo county.

Sec. 16. And be it further enacted, That the election precincts heretofore established by law in Decatur county at the house of Wyatt Laws and Randolph Boshart, be and the same are hereby abolished, and the following election precincts are hereby established in the county of Jackson, one at the house of Jesse Williams on Paint Rock river, one at the house of Edward Kirkpatrick, one at the house of David Parkell, and one at the house of Wm. Barclay.

Sec. 17. And be it further enacted, That the election precinct heretofore established at the house of Exekiel Miller in the county of Bibb, be discontinued, and in lieu thereof there is one hereby established at the house of John Hill, jr. in said county.

Sec. 18. And be it further enacted, That the election precinct at ______ Milton’s on the Oakmulgee creek, be and the name is hereby discontinued, and in lieu thereof an election precinct is hereby established at Weaver’s store, on the waters of the Oakmulgee creek, in Perry county; and also an additional election precinct said county at the house of Zadock Adair in the western part thereof.

Sec. 19. And be it further enacted, That an additional elec-


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tion precinct be and the same is hereby established at the house of Darius Marsh in Clarke county.

Sec. 20. And be it further enacted, That an additional election precinct be and is hereby established at the dwelling house of Willis Newton in Wilcox county.

Sec. 21. And be it further enacted, That an election precinct be and the same is hereby established at the house of Joseph Ship in the county of Butler.

Sec. 22. And be it further enacted, That the precinct heretofore established at the house of John Ezell in the county of Autauga, be and the same is hereby discontinued, and that an election precinct be established at the store-house of Ezell and Gordon in lieu thereof; and that an additional precinct be established in the town of Coosawda in the county aforesaid.

Sec. 23. And be it further enacted, That John Turner be and he is hereby appointed a commissioner for the county of Dale, in the place of Duncan Douglass removed.

Sec. 24. And be it further enacted, That there shall be an election precinct established at the house of Wm. Hurley in that part of Pike taken from Dale county.

Sec. 25. And be it further enacted, That there shall be an additional election precinct at Brownsborough, on Flint river in Madison county.

[Approved Jan. 10, 1826.]

AN ACT

To amend an act entitled an act concerning dower.

Section 1. Be it enacted by the Senate and House of Representatives of the state of Alabama, in general assembly convened, That when a husband dies intestate, or shall make his last will and testament, and not make provision therein for his wife, by giving and devising unto her such part or parcel of his real and personal estate as shall be fully satisfactory to her, she shall be entitled to share in the personal estate in the following manner: to wit, if there be no children, or if there be but one child, she shall be entitled, out of the residue left after paying the debts of the deceased, to one half; if there be more than one child, but not more than four, in that case, she shall be entitled to a child’s part; but if there be more than four children, then and in that case, she shall be entitled to one fifth part in absolute right.

Sec. 2. And be it further enacted, That the dead victuals and liquors, which at the death of any testator or intestate shall have been laid in for consumption in his family, shall not be sold by the executor or administrator, but shall remain for the use of such family without account thereof being made. If however, before its final consumption any child shall leave the family, such child shall have a right to carry with him or her an equal share of what shall then be on hand. Any live stock, which may be necessary for the food of the family, may be also killed for that use at any time before the sale, division or distribution of the estate.

(Approved January 14, 1826.)


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AN ACT

Respecting rents in the city of Mobile, 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 from and after the passage of this act it shall be lawful for any person whom may hereafter have rent due within the corporate limits of the city of Mobile, where the same does not exceed fifty dollars, to make application to any justice of the peace, within the said city, and obtain from such justice a distress warrant for the sum claimed to be due, on oath in writing, for the said rent, and the same may be levied by any constable of said city, duly qualified, on any property belonging to the said tenant, who shall advertise and sell the same, under the rules and regulations governing sales under execution; and where any distress warrant shall issue for a sum exceeding fifty dollars, it shall be levied by the sheriff of Mobile county; and the property levied upon shall be advertised and sold as in cases of other execution: Provided, nevertheless, that the tenant shall be entitled to replevy the property so destrained, by making oath that the sum destrained for or some part thereof is not due, and giving bond with approved security, make payable to the lessor for the eventual condemnation money; and in that case it shall be the duty of the officer levying the said warrant of distress to make return thereof to the circuit court of Mobile county, and the same shall there be determined by a jury as in other cases of claims.

Sec. 2. And be it further enacted, That where property distrained for rent in said city, shall be claimed by a third person, such claim shall be made on oath, and returned, tried and determined in like manner, and under the same rules and regulations as are by law pointed out for the trial of the right of property.

Sec. 3. And be it further enacted, That in no case a preference shall be given to a distress warrant for rent over a judgment or execution.

Sec. 4 And be it further enacted, That where any tenant shall refuse to give possession of the premises at the end of his lease, it shall be lawful for the person leasing the same, to demand of such tenant monthly, double the sum that the same was leased for, and to recover the same at the expiration of every month, or in the same proportion for a longer or shorter time, by distress in manner pointed out as aforesaid.

Sec. 5. And be it further enacted, That if any person leasing or renting land, or any house or houses within the corporate limits of the said city, shall fail to pay the rent, at the time the same shall become due, or shall refuse to deliver quiet possession of the premises at the expiration of his lease, it shall and may be lawful for the lessor immediately thereafter to enter and retake possession of the premises so by him leased or rented.


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Sec. 6. And be it further enacted, That all actions for the Recovery of rent in arrear, within the corporate limits of the city of Mobile, aforesaid, shall be tried at the term to which the same shall be returnable, unless good cause be shewn for the continuance thereof; and no such action shall be continued, for any cause, more than one term.

Sec. 7. And be it further enacted, That if any tenant in any part of this state shall hold over, or shall fail or refuse at any time after the expiration of his or her lease, on demand of his or her lessor, to deliver up the premises which he or she had leased, he or she shall be liable to pay to his or her lessor, treble the amount for which the said premises had been leased, at the expiration of every month, and in the same proportion for a longer or shorter time, to be sued for and recovered before any court or justice of the Peace having cognizance of the case.

Sec. 8. And be it further enacted, That all acts and parts of acts repugnant to the provisions of this act, be, and the same are hereby repealed.

(Approved, January 13, 1826.)