Monday, November 24.

Mr. Martin, from the joint committee appointed to wait on his Excellency the Governor, and inform him that he is duly elected Governor of the state of Alabama, for the ensuing two years; and to enquire of him at what time it would be convenient for him to take the oath of office, Reported, that said committee had performed that duty, and received for answer, that he would be ready this day at 11 o'clock.

On motion of Mr. Hardwick, Resolved, That the judiciary committee be instructed to inquire into the expediency of giving the justices of the peace, jurors, five or seven.

Mr. Lanier obtained leave to introduce a bill, to be entitled "an act for the relief of the people of the state of Alabama," which was read a first time, and ordered to be read a second time on tomorrow.

Mr. Mardis presented the account of Joab Lawler, against the state for holding an inquest over the body of Zachariah Butler, which was received and referred to the committee on accounts.

Mr. Jackson obtained leave to introduce a bill, to be entitled "an act to provide for the emancipation of slaves," which was read a first time, and ordered to be read a second time on Thursday next.

The Speaker laid before the House a communication from the comptroller, made in obedience to the act of Dec. 1820, making it the duty of the comptroller of public accounts to audit and make his remarks on all accounts, that may be presented on or before 1st day of October in each and every year; and to lay them before the Legislature within then days after their meeting: which was received and referred to the committee on accounts.

Mr. Oliver, from the judiciary committee, to whom was referred a resolution of this House, directing them to take into consideration that part of the Governor's Message, which recommends the simplifying of the mode of noticing defects in pleadings and amending the same, Reported, that hey have had the subject under consideration, and are of opinion, that it is inexpedient to adopt the alteration in pleading, contemplated in that part of the message, contained in the above resolution; for they consider innovations in the known laws of the state


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proper, when the interest of the community does not imperiously demand them. Ordered, That the House concur in said report.

Mr. Fields, from the select committee, to whom was referred the petition of Anthony Preslar, reported a bill to be entitled "An act to alter the name of, and legitimate a certain person therein named," which was read a first time, and ordered to be read a second time on Wednesday next.

Mr. Vining obtained leave to introduce a bill, to be entitled "an act to legalize registering and recording certain deeds o conveyances of lands in this state, and for other purposes," which was read a first time, and ordered to be read a second time to-morrow.

Mr. Moore, of Jackson, laid before the House a record of the proceedings in the circuit court of Decatur county, exercising chancery jurisdiction, in the case of Tempe Williams against her husband Geo Williams, for a divorce," which was received, and referred to the committee of divorce and alimony.

Mr. McVay obtained leave to introduce a bill, to be entitled "an act to regulate the proceedings hereafter to be had before the justices of the peace," which was read a first time, and ordered to be read a second time on to-morrow.

Mr. Weissinger, from the select committee, to whom was referred a bill, to be entitled "An act for the relief of Jas. Slaughter, tax collector of Limestone county in the year 1821," Reported, that said committee had had the said bill under consideration; and had amended the same by adding, after the words "per annum," in the first section thereof, the following words: "together with fifteen per cent. damage on said sum of three hundred and ten dollars eighty-six and one-fourth cents"

Ordered, that the House concur in said amendment. Ordered, That said bill be engrossed for a third reading to-morrow.

A bill, to be entitled "An act to alter and amend an act, to provide for assessing and collecting the taxes of this state, passed Dec. 17th, 1821," was read a second time.

On motion of Mr. Phillips, Ordered, That said bill be referred to a select committee. Whereupon, Messrs. Phillips, Weissinger and McLemore, were appointed said committee.

A bill, to be entitled "An act to repeal all the acts of the General Assembly heretofore in force, concerning divorce and alimony," was read a second time, and referred to the committee on divorce and alimony.

A bill, to be entitled "An act refunding to Benjamin Sherrod, Taxes improperly paid," was read a second time, and ordered to be engrossed for a third reading, on Wednesday next.

Mr. Moore, of Jackson, offered the following resolution, Resolved, That the judiciary committee be instructed to inquire into the expediency of repealing the law requiring endorsements on writs of the nature and cause of action at their commencement; and the law requiring a copy of the writ to be delivered to the defendant: which resolution was rejected.

On motion of Mr. Philpott, Resolved, That the judiciary committee be instructed to inquire in to the expediency of so amending the existing laws of this state, as to require the justices of the peace, in each captain's company, to hold a monthly court, at, or near, the centre of said company and to make all process issued by them returnable to the same.


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On motion of Mr. Oliver, Resolved, That a joint committee be appointed on the part of this House, to act with such committee as may be appointed on the part of the Senate, to wait on his Excellency Israel Pickens, and inform him, that both Houses are now ready to receive him for the purpose of his installation. Whereupon. Messrs. Pickett, Tindall and Manly, were appointed said committee. Ordered, that the clerk convey said resolution to the Senate.

A message from the Senate, by Mr. Bibb:

Mr. Speaker- The Senate have adopted the following resolution, in which they desire your concurrence: Resolved, That the Senate and house of representatives convene in the chamber of the House of Representatives, at 3 o'clock, P. M. on Wednesday next, for the purpose of electing two trustees of the State University, to fill the vacancy occasioned by the death of Robert W. Carter, and the resignation of George W. Owen.

They have also adopted the following resolution, Resolved, That a committee be appointed on the part of the Senate to join such committee as may be appointed on the part of the House of Representatives, to wait on his Excellency Israel Pickens and inform him, that the two Houses have met and are ready to receive him for the purpose of administering the oath of office. They have appointed on their part, Messrs. Crabb and Conner.

And then he withdrew.

Ordered, That the first resolution lie on the table.

Ordered, That the House concur in the second resolution.

Ordered, That the clerk acquaint the Senate therewith.

On motion of Mr. Pickett, Resolved, That a message be sent to the Senate to inform them, that this House is ready to receive them for the purpose of installing his Excellency the Governor. Ordered, That the clerk convey the said resolution to the Senate.

The Senate having repaired to the hall of the House of Representatives, his Excellency took the oath of office, administered by Mr. Speaker, in presence of both Houses, and thereupon delivered an appropriate address the them.

His Excellency and the Senate then withdrew.

Mr. Oliver obtained leave to introduce a bill, to be entitled "an act to cut out a certain part of a road, therein named," which was read a first time, and ordered to be read a second time on to-morrow.

Mr. Mardis moved to reconsider the vote on the rejection of the following resolution: "Resolved, That the judiciary committee be instructed to inquire into the expediency of repealing the law requiring endorsements on writs of the nature and cause of action, at their commencement; and the law requiring a copy of the writ to be delivered to the defendant," which motion to reconsider was carried.

The resolution was then adopted.

Ordered, That Mr. Phillips be added to the committee on divorce and alimony.

Ordered, That Mr. Gayle be added to the committee on propositions and grievances; and then the House adjourned till 3 o'clock this evening.

Evening Session.

Mr. Phillips, from the select committee to whom was referred a bill, to be entitled "An act respecting bail in civil cases," Reported said bill without amendment.


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Mr. Mardis moved to amend the first section of said bill by striking out all after the word "commenced " for the purpose of inserting the following: "Before any justice of the peace in and for any county in this state, and founded on any bill, bond, note or account, shall the defendant or defendants be held to bail, unless the plaintiff or plaintiffs, his or her attorney, shall first make oath in writing before the justice of the peace, who may issue the summons, that the defendant or defendants is indebted to the said plaintiff or plaintiffs in the sum of by bill, bond, not or account, and that he, she or they (as the case may be) apprehends the loss of the said sum, or some part thereof, unless the defendant or defendants be held to bail, and that he, she or they, do not require bail for the purpose of vexing or harassing the defendant or defendants; which said affidavit shall be filed in the office from whence the summons issued, and the justice of the peace who issued the summons shall endorse on the same the sum so sworn to, and the defendant or defendants shall be held to bail for the sum or sums so endorsed by the justice of the peace, taking such affidavit; which amendment was lost. On motion of Mr. Oliver, Ordered, That said bill lie on the table.

Mr. Fields obtained leave to introduce a bill, to be entitled "an act for the better securing crops while adhering to the freehold," which was read a first time, and ordered to be read a 2d time on to-morrow.

Mr. Crenshaw laid before the house a record of the proceedings of Butler circuit court, exercising chancery jurisdiction in the case of Samuel Payne against his wife Elizabeth Payne, for a divorce," which was received and referred to the committee on divorce and alimony.

Mr. Barclay obtained leave to introduce a bill, to be entitled "an act concerning contracts," which was read a first time, and ordered to be read a second time to-morrow.

On motion of Mr. Weissinger, Resolved, That the committee on privileges and elections, be instructed to inquire into the expediency of providing, by law, a proper mode of deciding contested elections for Governor; and also to prescribe what shall be sufficient and competent testimony to convict the sheriffs failing to make returns as required by law, of the elections of different officers of this state, and in what manner, and by whom prosecuted for delinquencies.

On motion of Mr. Fleming, Resolved, That the committee on roads, bridges, ferries, &c. be instructed to inquire into the expediency of amending the road law, so as to exonerate all persons from working on roads by paying a fair compensation in money, in lieu thereof, to be laid out for the benefit of roads; and report any further consideration of the same. An then the House adjourned till to-morrow morning 10 o'clock.