Monday, November 16.

The house met pursuant to adjournment.

Mr. Smith presented three petitions from sundry citizens of Monroe and Clarke counties, praying for an alteration in the boundary


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lines of their respective counties, and for other purposes, which were read and ordered to lie on the table.

Mr. Lipscomb presented a petition from sundry mechanics of the town of Saint Stephens, praying for an act of incorporation, which was read; and

On motion of Mr. Lipscomb.

Ordered that the same be referred to a select committee of three members with leave to report by bill or otherwise: &

A committee was appointed of Messrs. Lipscomb Fitzpatrick and Walton.

Mr. Lipscomb presented the petition of the public printers, praying compensation for extra services done at the last session of the legislature, which was read; and

Ordered that the same be referred to the committee of accounts.

Mr. Clay from the joint committee for enrolled bills, reported that the committee had examined the following enrolled bills, to wit :an act to extend the corporate limits of Huntsville.

An act to apportion the representatives among the several counties in this Territory according to the returns of the late census and for other purposes.

An act for the government of Gin holder and for other purposes.

An act providing for the establishment of seats of justices in the several counties therein named.

An act to incorporate the town of Mooresville and for other purposes; and had found the same to be truly enrolled.

Whereupon Mr. Speaker signed the said enrolled bills.


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Ordered that the clerk of this house do acquaint the council therewith.

Mr. Speaker laid before the house a letter from the Auditor of public accounts exhibiting his annual statement, and sundry other documents which were referred to the committee of accounts.

A message from the Legislative council by Mr. Martin their secretary.

"MR. SPEAKER,

I an instructed to inform the house of Representatives that the Legislative council have concurred in passing the bill authorising county courts to grant private ways in certain cases."

And then he withdrew.

On motion of Mr. Clay.

The rule requiring one day's previous notice was dispensed with; and

Mr. Clay had leave to bring in a bill to authorise the governor of the Territory, to offer rewards for the apprehension of criminals which was received and read; and

On motion of Mr. Clay.

The rule was dispensed with and the same read the second time forthwith; and

On motion of Mr. Clay,

Ordered that the same be committed to a committee of the whole house and made the order of the day for to-morrow.

Ordered that the clerk inform the council that leave has been given to introduce the said bill.

Mr. Anderson according to notice given on Thursday last asked for and ordained leave to bring in a bill to make two or more election precincts in Marengo county, which was received and read; and


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On motion of Mr. Anderson,

The rule was dispensed with and the same read the second time forthwith; and

On motion of Mr. Anderson,

Ordered that said bill be committed to a committee of the whole house, and made the order of the day for to-morrow.

A message from his excellency the governor by Mr. Lyon his private Secretary.

"Mr. SPEAKER,

I an directed by his excellency to inform you that he has approved and signed the following bills which originated in the house of representatives, viz :

An act to extend the corporate limits of Huntsville.

An act to apportion the representatives among the several counties in this Territory, according in the returns of the late census, and for other purposes.

An act for the government of gin holders and for other purposes.

And then he withdrew.

Mr. Lipscomb presented the petition of Elijah Blosser praying that he may be reimbursed the amount of money paid by him on the public account, also that he may be exonerated from the payment of debts contracted in like manner which was read; and

On motion of Mr. Lipscomb,

Ordered that the same be referred to the committee of propositions and grievances.

On motion of Mr. Lipscomb.

The rule requiring one days previous notice was dispensed with; and Mr. Lipscomb had leave to introduce a bill making appropriation for the benefit of James Madison Pushmatahaw, son of Mingo Pushmatahaw, which was received and read; and

On motion of Mr. Lipscomb,


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The rule was dispensed with and the same read the second time forthwith; and

On motion of Mr. Lipscomb,

Ordered that the same be committed to a committee of the whole house and made the order of the day for to morrow.

Ordered that the clerk inform the council that leave has been given to bring in the said bill.

A message from the Legislative Council by Mr. Martin their secretary.

"MR. SPEAKER,

I am instructed to inform the house of Representatives that the Legislative council have passed the following bills.

An act to regulate sales at auction.

A bill to make certain alterations in the charter of the Planters and Merchants Bank of Huntsville and for other purposes.

A bill concerning Hawkers and Pedlars.

And also a bill for the relief of Mary Burney, relict of William B. Burney deceased, to which the council ask the concurrence of the house of Representatives.

I am also instructed to inform the house of Representatives that the Legislative council have given leave to bring in a joint resolution increasing the compensation for the secretary and clerks.

And then he withdrew.

The bill sent from the council to enable house holders in the several counties in this Territory wherein the public lands have not been offered for sale to perform all the duties which by the existing laws are required of freeholders was read the second time; and

The rule being dispensed with the same was read the third time forthwith; and


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On the question, shall this bill pass; it was resolved in the affirmative.

Ordered that the clerk inform the Council thereof.

The bill sent from the council to alter and ascertain more particularly the boundaries of the county of Shelby and to lay off a new county in the north east part thereof, was read the second time; and

Ordered to be committed to a committee of the whole house and made the order of the day for to morrow,

The bill sent from the council to restrain the issuing of small notes commonly called change bills, was read the third time,

And on the question, shall this bill pass? it was resolved in the affirmative.

Ordered that the clerk inform the Council thereof.

The bill to alter the boundaries of Washington county, and for other purpose was read the second time; and

On motion of Mr. Everitt.

Ordered that the same be committed to a committee of the whole house and made the order of the day for to-morrow.

The engrossed bill to incorporate the town of Athens in Limestone county, was read the third time; and

On the question shall this bill pass? it was resolved in the affirmative.

Ordered that the clerk carry the same to the Council and ask their concurrence.

The engrossed bill supplemental to the laws now governing judicial proceedings, was read the third time, when Mr. Lipscomb moved to amend the same by adding as new section by way of rider in the following words:


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"And be it further enacted, that any person or persons may be sued in the county to which he, she or they may be found, without regard to his, her or their residence, if oath be made before the clerk issuing the writ of any justice of the peace, that such person or persons hath or have gone from the county of his, her or their residence, for the purpose of avoiding service of process in their proper county", which was received and read; and

The rule was dispensed with and the same read the second time forthwith; and

The rule being further dispensed with, the same was ordered to be engrossed forthwith, and was accordingly engrossed and read the third time forthwith; and

On the question will the house agree to the amendment? it was resolved in the affirmative, so the amendment was adopted.

Mr. Smith then moved to amend the same by adding a new section by way of rider, in the following words :

"And be it further enacted, that when any person who may be a witness in any cause in any of the courts in this Territory, and who shall reside out of the county in which the cause is to be tried, the depositions of such witness may be taken in the same manner as depositions of persons who reside out of the Territory, which depositions shall be received as legal evidence," was received and read:

And on the question will the house agree to the amendment? it was resolved in the negative.

An on motion of Mr. Clay,

Resolved, that the title of the said bill be "an act supplemental to the laws now governing judicial proceedings".

Ordered that the clerk carry the said bill to the council and ask their concurrence.


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Mr. Clay according to notice given on Saturday last asked for and obtained leave to bring in a bill to provide for the disposition of the section of land appropriated by an act of congress for the seat of the territorial government and to provide for the temporary seat of the government of this Territory, which was received and read; and

On motion of Mr. Lipscomb.

Ordered that the same be made the order of the day for its second reading on to-morrow.

Ordered that the clerk inform the council that leave had been given to introduce said bill.

The bill sent from the council for the relief of Mary Burney, relict of William B. Burney, deceased was read the first time; and

On motion of Mr. Clay,

Ordered that the same be made the order of the day for its second reading on to-morrow.

The bill sent from the council concerning Hawkers and Pedlars was read the first time; and,

On motion of Mr. Lipscomb,

Ordered that the said bill be made the order of the day for its second reading on to-morrow.

The bill sent from the council to make certain alterations in the charter of the Planters and Merchants bank of Huntsville and for other purposes was read the first time; and

On motion of Mr. Clay,

Ordered that the same be made the order of the day for its second reading on to-morrow.

The bill sent from the council to regulate sales at Auction was read the first time; and

On motion of Mr. Lipscomb,

Ordered that the said bill be made the order of the day for its second reading on to-morrow.

The engrossed bill to establish a bank at Mobile, was read the third time; and


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On motion of Mr. Clay.

Ordered that the same be recomitted to a committee of the whole house.

The house accordingly resolved itself into a committee of the whole house, on the said bill, and after some time spent therein Mr. Speaker resumed the chair, and Mr. S. Walker, reported that the committee had according to order had the said bill under consideration and had made several amendments thereto, which he delivered in at the clerk's table, where the same were read, and severally agreed to by the house.

On motion of Mr. Robishow.

Ordered that the said bill, with the amendments be engrossed and made the order of the day for its third reading on tomorrow.

The rule requiring one day's previous notice was dispensed with; and

Mr. Lipscomb had leave to bring in a bill to divide the county of Conecuh, and to alter and establish the boundaries thereof, and lay off a new county in the north and east thereof which was read; and

On motion of Mr. Lipscomb,

The rule was dispensed with, and the same read the second time forthwith; and

On motion of Mr. Clay,

Ordered that the same be committed to a committee of the whole house and made the order of the day for to-morrow.

Ordered that the clerk inform the council that leave has been given to bring in the said bill.

And on motion of Mr. Lipscomb.

The house adjourned until to-morrow morning 10 o'clock.