Tuesday, December 21st, 1824.

Mr. Vining from the committee on roads, bridges, and ferries, to whom was referred the petition of James K. Benson, Samuel Dennis, and others, Reported, that they have had the same under consideration; and owing to the indisposition of the representative from Wilcox county, the committee are unable to get any satisfactory information on that subject, and have therefore directed me to report that they are of opinion, as the session is drawing to a close that it is inexpedient at this time to grant the prayer of the petitioners, in which report the House concurred.

Mr. Ruffin from the joint committee on enrolled bills, reported that he had examined and found correctly enrolled bills of the following titles, to wit: An act to alter and establish the boundary lines between certain counties therein named; An act to alter the place of selling lands and negroes by the sheriff of Bibb county in certain cases; An


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act to amend an act entitled an act to authorise Young A. Gray to convey certain real estate therein mentioned, passed Dec. 20th, 1823;

An act to incorporate the Minette Bridge Company; An act for changing the compensation of the judge of the county court of Mobile county, and other purposes therein mentioned; An act to establish a certain county therein named, and for other purposes.

Mr. Fluker obtained leave to introduce a bill to be entitled an act to authorise the judge of the county court, and commissioners of revenue and roads of Marengo county to levy, a tax to build a court house and jail, was read a first time, and the rule which requires that bills should be read on three several days being dispensed with, it was read a 2d time forthwith, and ordered to be engrossed for a 3d reading tomorrow.

A bill to be entitled an act to authorise the quarter master general to repair the state arsenal, and for other purposes, was ordered to be engrossed for a 3d reading tomorrow.

Engrossed bills of the following titles, to wit: An act to repeal in part an act, entitled an act to abolish the fictitious proceedings in ejectment, and for other purposes therein mentioned, passed Dec. 17, 1821, and for other purposes; An act to authorise the administrator of Cadwallader Lucy, deceased, to sell and convey certain certificates of land upon which the first payment only has been made; An act to emancipate the mulatto girl Margaret a slave of James Johnston of Mobile county; An act to exempt persons from working on a certain state road of a greater distance from their places of residence, than if the same were a county road; An act authorising Isaac Pugh to transfer certain real estate, therein named; An act making appropriation for Thomas B. Childress; An act to authorise the county court of Bibb county to appoint some person to transcribe certain records of said court, and for other purposes; An act to establish an additional election precinct in the county of Lawrence; An act to alter and amend the law concerning retailers; An act to establish a certain read therein mentioned, were severally read a 3d time and passed.  Ordered, that the titles be as aforesaid.  Ordered, that the same be sent to the Senate for their concurrence.  Engrossed bill from the Senate, entitled an act giving further time in which executions shall be made returnable, when issued by justices of the peace from one county to another, was read three times and passed.  Ordered, that the clerk acquaint the Senate therewith.

Engrossed bill from the Senate entitled an act amendatory to the laws now in force for the relief of insolvent debtors, was read the 1st time; on motion, ordered that it lie on the table.

An engrossed bill to be entitled an act to establish certain election precincts therein named, was read a 3d time, amended by engrossed rider, and passed.  Ordered, that the title be as aforesaid, and that the same be sent to Senate for their concurrence.

Mr. Bagby from the judiciary committee to whom was referred a bill to be entitled an act giving liens on vessels in certain cases; Reported the same with an amendment, in which the house concurred.  Ordered that the same be engrossed for a 3d reading tomorrow.

Mr. Bagby from the same committee to whom was referred a Resolution instructing them to enquire into the propriety of confining tes-


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timony taken by commissioner so as to compel the filing of interrogatories in all cases; and also of the propriety of requiring private examinations before sworn commissioners.   The committee ask leave to be discharged from the further consideration of said Resolution.

Mr. Bagby from the same committee to whom was referred a Resolution instructing them to inquire into the expediency of repealing so much of the 47th section of an act entitled an act for the punishment of crimes and misdemeanors, passed in June 1802, and re-enacted with some amendments in 1807, as requires that any person who shall be indicted for any capital crime shall have a list of the jury, which are to pass on his or her trial, delivered unto him or her at least two entire days before he or she shall be tried for the same, and report by bill or otherwise, Reported that it is inexpedient to legislate on that subject in which the house concurred.

Mr. Bagby from the same committee to whom was referred a Resolution instructing them to inquire into the propriety of memorializing the Congress of the United States on the subject of treating with the Creek and Cherokee nations of indians for all that tract of the country situate within the chartered limits of this state, now in the possession of the said indians, with leave to report, & c. ask leave to be discharged from the further consideration thereof, which was granted.

Mr. Bagby from the same committee to whom was referred a Resolution instructing them to inquire into the expediency of so amending or altering the law as to change the mode of trying slaves for capital offences, Reported that the mode at present existing is more consonant with the principles of humanity and justice, than any other that could be devised; they therefore deem it inexpedient to legislate on the subject, in which the house concurred.

Mr. Bagby from the same committee to whom was referred Resolution instructing them to inquire into the expediency of passing some law or providing a remedy by writ of ne exeat to restrain defendants who are sued and held to bail, or sued and not held to bail, from running off or sequestering their property before judgment, Report that it is inexpedient to legislate on that subject, in which the house concurred.

Mr. Bagby from the same committee to whom was referred a bill to be entitled an act for the establishing of rules for the orderly conducting of suits in equity, Reported the same without amendment, in which the house concurred.  Ordered, that said bill be engrossed for a 3d reading tomorrow.

Mr. Bagby from the same committee, Reported a bill to be entitled an act for the speedy attainment of justice in certain cases, which was read a 1st time, and the rule which requires that bills should be read on three several days being dispensed with, it was read a 2d time forthwith, and ordered to be engrossed for a 3d reading tomorrow

Mr. Bagby from the same committee, reported a bill to be entitled an act authorising sheriffs and coroners to execute certain process, which was read the 1st time, and the rule requiring bills to be read on three several days being dispensed with, the same was read a 2d time forthwith, and on motion, ordered that it be engrossed and made the order of the day for the 3d reading on tomorrow.

Mr. Mardis from the select committee to whom was referred a Resolution requiring the present legislature to select a permanent site for


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the state University, reported that it is inexpedient to make any selection at this time, in which the house concurred.  Mr. Mardis moved to disagree to said report, which was lost.

Mr. Oliver, from the select committee to whom was referred a Resolution instructing them to inquire into the expediency of so altering the laws that causes in the several courts of law and equity in this state may not be thrown out of court for imperfections or informality of pleading, but to be tried on their merits, reported a bill to be entitled an act to regulate pleadings at common law, which was read the first time, and the rule requiring bills to be read on three several days being dispensed with, the same was read the 2d time forthwith, and on motion, ordered that it be engrossed for a 3d reading on tomorrow.

Engrossed bill to be entitled an act supplementary to and amendatory of, the laws relating to executors and administrators, and for other purposes, was read three times, and on motion of Mr. White, the same was amended by engrossed rider, and on the question being put, shall this bill pass?  it was decided in the affirmative- Yeas 28, Nays 25.

The yeas and nays being called for, those who voted in the affirmative, are

Mr. Abercrombie

Dale

Mead

Pickett

Tapscot

Barton

Dickinson

Moore of Ma.

Rather

Watson

Baxter

Dinsmore

Moore of Mo.

Ruffin

Weissinger

Camp

Mardis

Morton

Shackleford

White- 28

Creagh

McVay

Pickens of D.

Skinner

Crenshaw

McCord

Pickens of G.

Shotwell

Those who voted in the negative, are

Mr. Speaker

Edmondson

Gaines

Merriwether

Perkins

Baylor

Exum

Green

Metcalf

Peyton

Byler

Farrar

Hill

Miller

Tindall

Coleman

Fleming

Jones

Moore of J.

Worthington

Cunningham

Fluker

Lanier

Parham

Vining- 25.

Mr. Moore from the committee on accounts, reported a bill to be entitled an act making appropriations for certain claims against the state which was read the 2d time, and ordered to be engrossed for a 3d reading tomorrow.

Mr. Bagby from the judiciary committee to whom was referred a bill to be entitled an act to dispense with the necessity of tales jurors, Reported that they have amended the same by striking out the enacting clause, in which amendment the house concurred.

Mr. Bagby from the same committee to whom was referred a bill to be entitled, an act to abolish the June term of the Supreme court, Reported a new bill in lieu thereof, which was concurred in by the House, the title of said bill is, an act to abolish the June term of the Supreme court; the said bill was read the 1st time, and the rule requiring bills to be read on three several days being dispensed with, the same was read a 2d time forthwith.  On motion, ordered that it be engrossed for a 3d reading on tomorrow.

Mr. Bagby from the same committee to whom was referred the bill to be entitled, an act to alter the punishment for counterfeiting and forgery, reported a new bill in lieu thereof, to be entitled, an act to alter the punishment for counterfeiting and forgery, which was concurred in by the House.  The bill was then read the 2d time and ordered to be engrossed for a 3d reading tomorrow.

Mr. Bagby from the same committee to whom was referred a bill to


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be entitled, an act concerning costs where suites are instituted in the name of one person for the use of another, Reported the bill with an amendment, which was concurred in.  The bill was read a 2d time, and ordered to be engrossed for a third reading tomorrow.

Engrossed bill to be entitled, an act authorising the administrators of Nathaniel Henderson, deceased, to sell real estate, was read three times.  On motion, Ordered that it lie on the table.

Engrossed bill to be entitled, an act amendatory to an act entitled an act to establish a public road from the southern boundary line of township eight, in range four or five, west of the basis meridian of Huntsville, to the falls of Tuscaloosa, passed Dec. 1820, was read 3 times; and on motion of Mr. Creagh the same was amended by an engrossed rider, and on the question being put, shall this bill pass?  It was decided in the affirmative.  Ordered that the title be as aforesaid. Ordered, that the clerk, inform the Senate thereof.

Engrossed bill to be entitled, an act to incorporate the Montgomery light infantry company, was read the third time and passed.  Ordered, that the title be as aforesaid.  Ordered, that the clerk acquaint the Senate therewith.

Engrossed bill from the Senate, entitled, an act to establish certain election precincts therein named, was read three times.  On motion of Mr. Moore the same was amended by engrossed rider and passed.-Ordered, that the clerk inform the Senate thereof.

Engrossed bill to be entitled, an act regulating elections, was read 3 times, and on motion of Mr. Mead, the same was amended by engrossed rider, which was read three times and passed.  Ordered, that the title be as aforesaid.  Ordered, that the clerk inform the Senate thereof.

Message from the Senate by Mr. Stewart their assistant clerk: Mr. Speaker, the Senate adhere to their amendment to the bill entitled, an act to regulate the sale of slaves by constables, by striking out the word ten and inserting twenty.  They have read three times and passed bills which originated in your honorable body, entitled, An act giving additional remedy against constables; An act supplementary to and amendatory of the several laws now in force regulating the appointment of auctioneers and sales at auction; An act authorising the location and sale of certain quarter sections of land granted by Congress to the several counties of this state for seats of justice; and An act to regulate the mode of taxing costs on appeals taken from the decision of the justices' courts to the circuit and county courts in this state; all of which bills they have amended in the manner herein shewn: in which amendments they desire your concurrence.  They have also read a third time and passed a bill, which originated in their House, entitled, An act to extend the time of payment of part of the public revenue of Washington county: in which they desire your concurrence.  They have also adopted the following resolution, in which they desire your concurrence, Resolved, that with the concurrence of the House of Representatives, the members of the two houses will convene in the representative hall, on Thursday evening next, at half past six o'clock, for the purpose of electing Judges for the counties of Fayette and Covington. And then he withdrew.

Mr. Perkins from the select committee to whom was referred the bill to be entitled, an act altering the times of holding the courts in the


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third judicial circuit, Reported a new bill in lieu thereof, to be entitled an act to alter the third, fourth and fifth judicial circuits, and fix the time of holding the courts therein, which was concurred in.  The bill was then read the second time; and on motion, ordered, that it be referred to the same select committee, and that Messrs. Mead, Vining, and Mardis be added thereof.

Mr. Bagby from the judiciary committee whom was referred the bill to be entitled, an act to alter the time of holding the circuit courts in the second judicial circuit, reported the same without amendment. The bill was read the 2d time and referred to a select committee, consisting of Messrs. Perkins, Pickens of G. Farrar, Mead, Vining and Mardis.

Engrossed bill from the Senate entitled, an act to authorise the judge of the third judicial circuit to hold an intermediate court in Blount county for the purposes therein mentioned, was read the 3d time and referred to a select committee, consisting of Messrs. Perkins, Pickens, of G. Farrar, Mead and Vining.

Evening Session, half past 2 o'clock.

Engrossed bill from the Senate, entitled an act to alter the time of holding the county courts of Tuscaloosa, Bibb, Madison, Greene, and St. Clair counties, was read a first time, and the rule requiring bills to be read on three several days being further dispensed with, it was read a 3d time and passed.  Ordered that the clerk acquaint the Senate therewith.

Mr. Shackleford from the select committee to whom was referred bill to be entitled, an act authorising the distribution of arms and accoutrements to certain volunteer corps in the county of Madison, and for other purposes, Reported the same with amendments, which the House disagreed to; ordered that the same engrossed for a 3d reading tomorrow.

Mr. Tindall from the select committee to whom was referred an engrossed resolution from the Senate to ascertain the mode of voting most acceptable to the people Reported the same with amendments, in which the House concurred.  Ordered, that the same be read a third time tomorrow.

Engrossed memorial to the Congress of the United States, praying for a division of the University fund, was read a 3d time, and the question being put, Shall this memorial pass? it was decided in the negative.  Yeas 22, Nays 32.

The yeas and nays being for, those who voted in the affirmative, are Messrs. Abercrombie, Byler, Cunningham, Edmondson, Exum, Fleming, Gaines, Lanier, Martin, McVay, McCord, Mead, Metcalf, Morton, Parham, Pickett, Rather, Skinner, Tapscot, Tindall, Vining, White- 22.

Those who voted in the negative, are, Mr. Speaker, Bagby, Barton, Baxter, Coleman, Cook, Creagh, Crenshaw, Dale, Dickinson, Dinsmore, Farrar, Fluker, Green, Hill, Jones, Merriwether, Miller, Moore of J. Moore of mar. Moore of Mon. Oliver, Perkins, Peyton, Pickens of D. Pickens of G. Ruffin, Shackleford, Shotwell, Watson, Weissinger, Worthington- 32.

Engrossed bill to be entitled, an act to regulate the fees of officers, was read a third time, and on motion of Mr. Lanier, was indefinitely postponed.

An engrossed bill entitled, an act exempting the inhabitants of the


144

town of Claiborne, in Monroe county, from working on roads beyond the limits of said town, was read a third time and passed.  Ordered that the title be as aforesaid.  Ordered that the same be sent to the Senate for their concurrence.

The House then took into consideration the amendments made by the Senate to the bill entitled an act to provide for the payment of slaves executed in the pursuance of law.  Mr. Metcalf moved that said bill with the amendments be laid on the table till the first day of January next, which was lost.  Yeas 27, Nays 29.

The yeas and nays being called for, those who voted in the affirmative, are, Mr. Speaker, Byler, Coleman, Cunningham, Edmondson, Farrar, Gaines, Green, Hill, Jones, Mardis, McVay, McCord, Merriwether, Metcalf, Moore of J. Moore of Mar. Oliver, Parham, Peyton, Ruffin, Shotwell, Skinner, Tapscot, Tindall, White, Worthington- 27.

Those who voted in the negative, are

Mr. Abercrombie, Bagby, Bagby, Barton, Baylor, Baxter, Cook, Creagh, Crenshaw, Dale, Dickinson, Dinsmore, Exum, Fleming, Fluker, Lanier, Martin, Mead, Miller, Moore of Mon. Morton, Perkins, Pickens of D Pickens of G. Pickett, Rather, Shackleford, Vining, Watson, Weissinger- 29.

Ordered that the House concur in said amendments.  Ordered that the clerk acquaint the Senate therewith.

Engrossed bills of the following titles, to wit: An act to exempt the members of the Neptune fire companies Nos. 1 and 2, and the city of Mobile, from militia and patrol duty and for other purposes; An act to establish a road from the town of Montevallo to the town of Greensborough; were severally read a 3d tie and passed.  Ordered that the titles be as aforesaid.  Ordered that the same be sent to the Senate for their concurrence.

An engrossed bill entitled, an act to compensate James Pugh for carrying returns of the election for brigadier general from Pike county, was read a 3d time.  Mr. Oliver moved to amend said bill by an additional section, by way of engrossed rider, which was carried.  The question was then put, Shall this bill pass?  and decided in the affirmative.  Yeas 31, Nays 23.

The yeas and nays being called for, those who voted in the affirmative, are, Mr. Speaker, Abercrombie, Bagby, Barton, Baylor, Cook, Creagh, Crenshaw, Cunningham, Dale, Dickinson, Dinsmore, Edmondson, Exum, Farrar, Fluker, Green, Martin, Metcalf, Moore of J. Moore of Mon, Morton, Oliver, Pickens of D. Pickens of G. Pickett, Rather, Ruffin, Shackleford, Shotwell, Watson- 31.

Those who voted in the negative, are, Mr. Byler, Coleman, Gaines, Hill, Jones, Lanier, Mardis, McVay, McCord, Mead, Merriwether, Miller, Moore of Mar. Parham, Perkins, Peyton, Skinner, Tapscot, Tindall, Vining, Weissinger, White, Worthington- 23.

Ordered that the title be as aforesaid.  Ordered that the same be sent to the Senate for their concurrence.

Mr. Perkins from the select committee to whom was referred a bill to be entitled, an act altering the times of holding the courts in the 3rd judicial circuit, reported the same without amendment.  Ordered that said bill be engrossed for a 3d reading tomorrow.

Mr. Perkins from the same committee to whom was referred a bill to be entitled, an act to authorise the judge of the third judicial circuit to hold an intermediate court in Blount county, and for other purposes therein mentioned, Reported said bill without amendment.  The said bill was then passed. Ordered, that the clerk acquaint the Senate therewith.


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Mr. Perkins from the same committee to whom was referred a bill to be entitled, an act to alter the times of holding the circuit courts, in the second judicial circuit, reported said bill without amendment. Ordered, that said bill be engrossed for a 3d reading tomorrow.

Mr. Ruffin from the committee on enrolled bills, reported that he had examined and found correctly enrolled, a bill of the following title, to wit: an act to alter the time of holding the county courts in Tuscaloosa, Bibb, Madison, green and St. Clair counties.