[140]

An act authorizing William Russell, senior, and Joshua Gotcher, to sell certain lands therein mentioned.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That William Russell, senior, and Joshua Gotcher, of Franklin county, within the State aforesaid, (they being lawful qualified administrators on the estate of Abraham Beaty, late of said county, deceased) be, and they or either of them are hereby authorized to sell two quarter sections of land, to wit: the southwest and northwest quarter sections of section nine, township six, range eleven, west of the basis meridian, within the county of Franklin aforesaid, for the benefit of those persons lawfully interested in the estate of the said Abraham Beaty: when the lands aforesaid are sold, the certificates issued from the United States land office for the same shall, by the said William Russell, senior, and Joshua Gotcher, or


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either of them, acting as administrator or administrators as aforesaid, be transferred to the person or persons, to whom the said tract or tracts of land shall be sold: Provided, That said sale be made and had at the court house of the county in which the land may lie, and that at public auction, to the highest bidder; which transfer, resulting from an honest and fair sale, shall be exclusively lawful and efficient to the purchaser or purchasers, and their heirs and assigns, forever, as if the same had been done by the said Abraham Beaty in his lifetime, for a valuable consideration. Provided, That the said William Russell, senior, and Joshua Gotcher, or either of them, shall, by publication in some printed newspaper published in the adjacent county, and by advertisement at three of the most public places in said county of Franklin, fairly setting forth the quality and situation of the land aforesaid, give forty days notice of such intended sales; the proceeds of which sales shall, by the said Russell and Gotcher, or either of them be appropriated to the payment of the debts due from said estate, and the surplus, if any, shall be paid over to the lawfully qualified representatives of the said deceased.

Sec. 2. Be it further enacted, That said administrators shall before the sale of the lands herein before authorized to be sold, enter into bond with sufficient security, payable to Chief Justice of the Orphans Court of the county in which said lands are situated, for the disposition of the money arising from the sale of said lands, agreeably to the existing laws regulating the distribution of the personal effects of deceased persons.

(Signed) JAMES DELLET

Speaker of the House of Representatives

THOMAS BIBB

President of the Senate

Approved-November 26, 1819

(Signed) WM. W. BIBB

_______

An act to authorize the administrator and administratix of John Childress, 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 Samuel B. Marshall, administrator, and Elizabeth Childress, administratix, of John Childress, late of Davidson county, state of Tennessee, deceased, be and they are hereby authorized and empowered, to sell all or any number of certificates of certain lands situated in


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this State, belonging to the estate of said decedant, on such terms as they may deem most advantageous, taking bond with sufficient security for the true and faithful payment of the consideration: Provided, That thirty days notice be given, in some public place published in this State, of the time of sale, and that the same be sold at public auction at the court house of the county or counties in which the real estate may lie.

Sec. 2. And be it further enacted, That the said administrator and administratrix be, and they are hereby authorized, on the sale of such certificates, to make on cause to be made, to the purchaser or purchasers, as the case may be, a legal transfer of the same, which transfer shall be equally valid and binding, as if the same had been made by the said decedant in his life-time.

Sec. 3. And be it further enacted, That the said administrator and administratix shall, before the sale of the lands herein before authorized to be sold, enter into bond with sufficient security, payable to the Chief Justice of the Orphans' court of the county in which said lands are situated, for the disposition of the money arising from the sale of said lands, agreeably to the existing laws regulating the distribution of the personal effects or deceased persons.

(Signed) JAMES DELLET

Speaker of the House of Representatives

THOMAS BIBB

President of the Senate

Approved-December 3, 1819

(Signed) WM. W. BIBB

______

An act to authorize John Smith, senior, to make a title to certain land therein named.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That John Smith, senior, of Madison county, administrator of John Robins, deceased, be, and he is hereby authorized and empowered, to make, seal, sign, and deliver, as administrator aforesaid, a good and lawful title to fifty acres of land, situated in the aforesaid county of Madison, in the southwest quarter section number two, in township number two, and range number one, east, in conformity to a bond given by the said deceased, to Isaac Griffith for the conveyance of the same, and which has been sundry times transferred.

Sec. 2. And be it further enacted, That it shall and may be lawful for the said John Smith, as administrator, to


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make and perfect a title to the aforesaid land, unto the legal owner and holder of said bond, which title, when so made shall be as good and valid as if made and perfected by the said John Robins in his lifetime.

(Signed) JAMES DELLET

Speaker of the House of Representatives

THOMAS BIBB

President of the Senate

Approved-Dec. 17, 1819

(Signed) WM. W. BIBB

___

 

An act to authorize Alle Kyle to make title to Jonathan Sanderlin, to a certain tract of land.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That Alle Kyle of the county of Lawrence be, and she is hereby authorized and empowered, to make a title in fee-simple by deed of conveyance, to Jonathan Sanderlin of the county of Cotaco, to a certain quarter section of land, lying and being in said Cotaco, it being the northeast quarter of section number twenty-two, in township seven, range five, west of the basis meridian; which said deed when made, shall convey all the right, title, or interest, which the said Alle Kyle, or the heirs of legal representatives of John Kyle, deceased, have or could claim to the said quarter section of land.

(Signed) JAMES DELLET

Speaker of the House of Representatives

THOMAS BIBB

President of the Senate

Approved-November 22, 1819

(Signed) WM. W. BIBB

_____

 

An act for the relief of Rebecca Ann Bondurant.

SECTION 1. BE it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened. That Rebecca Ann Bondurant be, and she is hereby authorized, to contract with John Vining of the county of Madison, upon any terms that she may think proper, and to which said Vining may agree, for the rescinding of a contract for a tract of land lying in the said


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county, which was contracted for by her deceased husband, Robert M. Bondurant; which agreement shall be good and valid in law, any thing to the contrary notwithstanding.

(Signed) JAMES DELLET

Speaker of the House of Representatives

THOMAS BIBB

President of the Senate

Approved-December 16th, 1819

(Signed) WM. W. BIBB

_____

An act for the relief of Lucretia Stammers, of Madison county, widow of Henry Stammers, deceased.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That Lucretia Stammers be, and she is hereby, authorized and empowered to hold and retain in her possession, the tract of land containing two hundred acres, and a negro man-slave named Green, owned by her husband at the time of his death, until the oldest child of the deceased Henry Stammers shall arrive at the age of twenty-one years.

Sec. 2. Be it further enacted, That, to entitle the said Lucretia Stammers to the benefit of the first section of this act, she shall enter into bond in such amount with such security as shall be approved by the County Court: conditioned, that she will apply the proceeds, arising from the said tract of land and negro man-slave Green, to the support of herself and the seven children of the said Henry Stammers, deceased.

(Signed) JAMES DELLET,

Speaker of the House of Representatives

THOMAS BIBB

President of the Senate

Approved-December 16, 1819

(Signed) WM. W. BIBB

____

An act to authorize Thomas Johnson to manumit a certain person of colour therein named.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That Thomas Johnson of the county of Madison


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be, and he is hereby authorized and empowered, to manumit and set free from slavery, a certain boy of colour named Martin, so soon as the said Martin arrives to the age of twenty-one years: Provided, That the said Thomas Johnson shall, on or before that time, enter into bond to the chairman or chief justice of Madison county, in the sum of five hundred dollars: conditioned, that the said Martin, so liberated, shall not become chargeable to the public.

(Signed) JAMES DELLET

Speaker of the House of Representatives

THOMAS BIBB

President of the Senate

Approved-December 4, 1819

(Signed) WM. W. BIBB

______

An act to authorize Cesar Kennedy to manumit certain of his slaves therein named.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That Cesar Kennedy, a free man of colour, of the town of Huntsville, and county of Madison, be, and he is hereby authorized to manumit and set free his wife Hannah, and her seven children, Maria, John, Mary-Ann, William, Cesar, Rossell, and Thomas, as soon as the said Cesar Kennedy shall have executed to the chief justice or chairman of the county court of Madison county, and his successors in office, a bond with sufficient security, to be approved by said court, conditioned, that the said slaves, Hannah and her seven children, Maria, John, Mary-Ann, William, Cesar, Rossell, and Thomas, shall never become chargeable to the State of Alabama, or any county or town therein.

(Signed) JAMES DELLET

Speaker of the House of Representatives

THOMAS BIBB

President of the Senate

Approved-December 13, 1819

(Signed) WM. W. BIBB

______

An act to authorize John Bethaney to emancipate certain slaves therein named.

SECTION 1. BE enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly


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convened, That John Bethaney of the county of Clarke be, and he is hereby authorized to emancipate the following slaves to wit: Lydia, a black woman, thirty-five years old; Eliza, a mulatto, aged twenty-three; Elizabeth, a mulatto, aged nineteen; William, a mulatto, aged seventeen; Daniel, a mulatto, aged fourteen; Amelia, a mulatto, aged seven, Margaret, a mulatto, aged three; and Lemuel, a quarteroon, aged one year, so soon as the said John Bethaney shall have executed to the justices of the county court of Clarke and their successors in office, a bond with sufficient security, to be approved by the said court; conditioned, that the aforesaid slaves shall never become chargeable to the state of Alabama, or any county or town therein.

(Signed) JAMES DELLET

Speaker of the House of Representatives

THOMAS BIBB

President of the Senate

Approved-November 27th, 1819

(Signed) WM. W. BIBB

_____

A Resolution of thanks to James Monroe, President of the United States.

RESOLVED, That thanks of the Senate and House of Representatives of the State of Alabama, in General Assembly convened, be presented to his Excellency James Monroe, President of the United States, for the dignified and useful course he has pursued as Chief Magistrate of the Union.

RESOLVED, That the Governor of this State be requested to transmit a copy of the above resolution to the President of the United States.

(Signed) JAMES DELLET

Speaker of the House of Representatives

THOMAS BIBB

President of the Senate.

Approved-December 17th 1819.

(Signed) WM. W. BIBB

___

A Resolution to obtain the establishment of additional Land Offices in this State.

WHEREAS, great inconvenience and expense will accrue to the citizens of the counties of Blount, Marion, Tuska-


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loosa, and Marengo, by being compelled to attend distant sales, to purchase the lands upon which they live; and as by procuring a Land Office at Tuskaloosa, the most central place of the unsold lands in the western part of this State, would obviate this inconvenience and extraordinary expense, and by this means promote the interests of a large portion of our citizens, without damage to others, therefore

BE IT RESOLVED, By the Senate and House of Representatives of the State of Alabama, in General Assembly convened, that the Senators and Representatives in Congress from this State, be, and they are hereby requested, to make use of their influence, to procure a Land Office at the town of Tuskaloosa, and at Conecuh court house, in this State, for the purpose of disposing of the public lands, more convenient to those places than other land offices in this State. And be it further resolved, That they be, and they are hereby, also requested, to endeavour to have it enacted by the Congress of the United States, that when any lands are sold in this State, after the month of March in each year, in the possession of any occupant or occupants, he, she, or they, shall not be dispossessed, until they shall have made and gathered their crops: Provided, that be done by the last of December in the same year.

(Signed) JAMES DELLET

Speaker of the House of Representatives

THOMAS BIBB

President of the Senate

Approved-December 15, 1819

(Signed) WM. W. BIBB

______

 

A Resolution authorizing the Governor to effect a loan from certain banks for the purposes of the State.

RESOLVED, By the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the Governor of this State is hereby authorized to procure for the Planters and Merchants Bank of Huntsville, or from the Tombeckbe Bank, a loan or loans of money, not exceeding twenty thousand dollars, for the use and benefit of the State of Alabama, which loan shall be accomplished in such sums, and at such times, as will answer the purposes of the State, after the passage of this Resolution. And be it further resolved, That the Governor is hereby authorized, to pledge so much of the Revenue, to be raised


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for the year eighteen hundred and twenty, as will be sufficient to discharge said loan, on or before the first day of January, eighteen hundred and twenty-one.

And be it further Resolved, That this Resolution shall take effect, from and after the passage thereof.

(Signed) JAMES DELLET

Speaker of the House of Representatives

THOMAS BIBB

President of the Senate

Approved-December 13, 1819

(Signed) WM. W. BIBB

_____

A Resolution vesting the Governor with the authority to settle the accounts between this State and the Mississippi State.

RESOLVED, By the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the Governor be, and he is hereby authorized, to adjust and settle to the accounts existing between this State and the State of Mississippi, in such manner, and on such principles, as in his judgment, may be comfortable to the intent and meaning of the ninth section of the act of Congress, establishing a separate Territorial government for the eastern part of the Mississippi Territory.

(Signed) JAMES DELLET

Speaker of the House of Representatives

THOMAS BIBB

President of the Senate

Approved-December 13, 1819

(Signed) WM. W. BIBB

_____

Resolution, to regulate elections by the General Assembly of this State.

RESOLVED, By the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That in all elections by the General Assembly, the votes shall be given for one election only, at the same time; and that a majority of the whole number of votes, shall be necessary to a choice; that the members of both Houses will assemble in the Representative Chamber, and the names of the members of each House shall be called by their respective Clerks: whereupon, the President of the Senate


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and the Speaker of the House of Representatives, shall ascertain the result, which shall be announced by the Speaker of the House of Representatives.

(Signed) JAMES DELLET

Speaker of the House of Representatives

THOMAS BIBB

President of the Senate

Approved-October 28, 1819

(Signed) WM. W. BIBB

____

A Resolution for contracting for public Printing.

RESOLVED, By the Senate and the House of Representatives of the State of Alabama, in General Assembly convened, That the joint committee appointed to contract for the public printing, be instructed to contract for the printing of two thousand copies of the acts of the General Assembly, and seven hundred copies of the Journals of the Senate, and seven hundred copies of the Journals of the House of Representatives, and also five hundred copies of the Militia and Patrol laws.

(Signed) JAMES DELLET

Speaker of the House of Representatives

THOMAS BIBB

President of the Senate

Approved-December 3d, 1819

(Signed) WM. W. BIBB

_____

 

A Resolution authorizing the Secretary of State to contract for public Printing, and for other purposes.

RESOLVED, By the Senate and House of Representatives of the State of Alabama, in General Assembly convened, that the Secretary of State be, and he is hereby authorized and directed, to contract for the printing and distribution of the Journals and Acts of both Houses of the present session of the General Assembly, and two thousand copies of the report of the Auditor of Public Accounts and Treasurer, made to the Legislature at the present session, including the communications of the Auditor of Public Accounts made in pursuance of a resolution of the Senate, in relation to the outstanding debts due the State at Cahawba or


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elsewhere, as may not conduce to the interest of the State; and that the Comptroller of Public Accounts, on the certificate of the Secretary, shall issue his warrant on the treasury for the amount contracted for by the Secretary, as aforesaid.

(Signed) JAMES DELLET

Speaker of the House of Representatives

THOMAS BIBB

President of the Senate

Approved-December 17, 1819

(Signed) WM. W. BIBB

______

A Resolution authorizing Daniel Rather to sell certain public property therein named.

RESOLVED, By the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That Daniel Rather be, and he is hereby authorized, as soon as may be after the rising of the General Assembly, to sell at public outcry, the Tables, Stoves, and other furniture, which have been procured for the use of both Houses, and after deducting from the amount of sales, such sums as may be necessary to defray charges thereon, pay over the balance into the treasury.

(Signed) JAMES DELLET

Speaker of the House of Representatives

THOMAS BIBB

President of the Senate

Approved-December 16, 1819

(Signed) WM. W. BIBB

 

ERRATUM.

Page 121, in the act to incorporate the town of Courtland, fifth line, for "place" read "plan."