Wednesday, Dec. 8, 1824.

Mr. Oliver obtained leave to introduce a bill to be entitled, an act to apportion the Representatives in the several counties of this state, at a ratio of 2086, and to divide the state into Senatorial districts according to the late census, which was read a 1st and 2d time, and referred to the committee on apportionment.

Message from the Senate by Mr. Lyon their secretary: Mr. Speaker, the Senate have read three times and passed bills, which originated in your honorable body of the following titles, to wit: An act authorising and empowering the school commissioners of the 16th section, 4th township and 7th range, in the district of lands sold at Huntsville, to lease a small part thereof, for the purpose of having  a mill erected thereon; An act to repeal in part and amend an act passed Dec. 17th


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1823, authorising Matthew Harbeson, adm'r of Samuel Harbeson, deceased, to make conveyance of a certain tract of land therein named: An act to alter the place of selling lands and negroes by the sheriff of Bibb county in certain cases; and have amended the same be adding thereto, an additional section, and by adding to the title of said bill the words, and Tuscaloosa counties, in which amendments they desire your concurrence. They have also passed a bill which originated in your house entitled, an act appointing agents to select a certain quarter section of land for the county of Shelby, and for other purposes, and have amended the same by adding thereto, two additional sections, and by striking out of the second line of the 15th section, the names of Peyton King, Samuel S. Earle and John N. Lane, and inserting in lieu thereof the names of Robert Eubank, Isaac Brown and John Smith and also by striking from the title of said bill the words and for other purposes and inserting the words and for other counties, in which amendments they desire your concurrence. They have also read a 3d time and passed a bill which originated in their house, entitled an act to alter and amend an act authorising the judge of the county court of Mobile county, to appoint a public weigher in the city of Mobile, in which they also desire your concurrence; and then he withdrew.

Mr. Byler presented the petition of Joseph Gist,  praying the passage of a law to emancipate a certain slave therein named, which was read and referred to the committee of propositions and grievances.

Mr. Vining from the committee on roads, bridges and ferries, to whom was referred a Resolution of the House instructing them to inquire into the situation of the bridge built across the Cahawba river pursuant to the act of the General Assembly, passed Dec. 4th, 1819, and also into the liability of the parties concerned in the contract for building the same, with authority to send for persons and papers relative to that subject, have had the same under consideration and have called on the Intendant of the town council of Cahawba and have received the following information, which I am instructed to report to this House: the committee have also instructed me to ask leave to be discharged from the further consideration of said Resolution. Ordered that the committee be discharged from the further consideration of said Resolution.

A report of the Intendant of the town council of Cahawba, was read and ordered to lie on the table.

A message was received from his excellency the Governor by James I. Thornton, secretary of state, and is as follows; Mr. Speaker I am instructed by his excellency the Governor, to inform you that he did on the 4th inst. approve and sign, An act to repeal in part and amend an act entitled an act to authorise David Peobles to continue a toll bridge over the Escambia in the county of Conecuh; An act to repeal part of the 9th section of an act entitled an act to regulate proceedings in chancery suits; Resolution in relation to unsettled land claims below 31st degree north latitude and pre-emption rights; An act for the relief of Abel Pennington; and then he withdrew.

Mr. Exum from the committee on county boundaries,  Reported a bill to be entitled, an act to establish a certain county therein named and for other purposes, which was read a 1st time, and ordered to be read a 2d time tomorrow.


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Mr. Hill from the select committee to whom was referred the petition of Thomas Crawford,  Reported  a bill to be entitled, 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, which was read a 1st time, and ordered to be read a 2d time tomorrow.

Mr. Mardis from the select committee, to whom was referred a bill to be entitled 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; reported said bill with an amendment, in which the House concurred.  Ordered that the said bill be engrossed for a third reading tomorrow.

Mr. Barton from the select committee, to whom was referred the petition of Hugh H. Rolston; clerk of the county court of Mobile county, praying compensation for services rendered by him as clerk of the criminal court of said county, ask leave to report that the time consumed in attending on the county court, when setting for the trials of criminals is on an average about two months of every year, and that the duties required to be performed by the said clerk are highly responsible in their nature, and important in their consequences to the community. That no adequate provision is made by law for compensating the services of the said clerk, inasmuch as the prisoners brought before the said court are generally of the lower class of society, who are unable to pay any fees which may be adjudged against them. Your committee, are therefore of opinion, that provision ought to be made by law for compensating the said clerk in all cases, where the prisoners brought before the county court exercising criminal jurisdiction are unable to pay the fees adjudged against them; and to that end the committee have made provision for the relief of the petitioner in the bill for changing the compensation of the judge of the county court of Mobile county, the two subjects being of an analagous character.  Ordered, that said committee be discharged from the further consideration of said petition.

Mr. Barton from the select committee, to whom was referred a bill to be entitled an act to repeal an act allowing a certain salary to the judge of the county court of Mobile, substituted a bill to be entitled an act for changing the compensation of the judge of the county court of Mobile county, and for other purposes therein mentioned, which was ordered to be engrossed, and read a third time tomorrow.

Mr. Abercrombie from the select committee to whom was referred an engrossed bill from the Senate, reported the same with amendments in which the House concurred.  Ordered that said bill be read a third time tomorrow.

Mr. Pickett presented an additional return of the census of Autauga county, which was referred to the committee on apportionment.

On motion of Mr. Bagby, Ordered, that Mr. Pickett be added to the committee on apportionment.

Mr. Mardis obtained leave to introduce the following resolution, Resolved by the Senate and House of Representatives of the State of Alabama in General Assembly convened, that the Legislature do at their present session, select a permanent site for a state university.

And be it further Resolved, That all acts and parts of acts contrary to the provision of this resolution, be, and the same are hereby repeal-


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ed; which was read a 1st time, & ordered to be read a 2d time tomorrow.

Mr. Shackleford obtained leave to introduce a bill, to be entitled an act concerning bonds, notes, & c. which was read a first time and lost.

Mr. Pickett obtained leave to introduce the following resolution, joint resolution in relation to petitions.  Be it resolved by the Senate and House of Representatives of the State of Alabama in General Assembly convened, that hereafter no petition praying an alteration in county boundaries, or for the removal of any court house shall be acted on by the Legislature, unless it shall have been advertised in writing, at least one month previous to the session of the Legislature, that such petition will be presented.

And be it further Resolved, That when an alteration of county boundaries is contemplated, the same shall be advertized at the court house, and at least, two public places in the immediate neighborhood of the intended alteration, and when a removal of the seat of justice is contemplated, the same shall be advertises as aforesaid at the court house, and at four or more public places in different parts of the county.

And be it further Resolved, That the proof which will be required by the Legislature, of such advertisement having been made, shall be the oath of affirmation of one or more credible persons, made before the judge of the county court, stating as near as may be the day on which said advertisement may have been stuck up at the places where, and the object particularly, which affidavit or affidavits shall be certified by said jute, or in case there be no judge, then by a justice of the peace, which certificate shall accompany each petition, which said resolution was rejected.

Mr. Metcalf obtained leave to introduce a 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, which was read a first time, and ordered to be read a 2d time tomorrow.

Mr. Moore of J. obtained leave to introduce a bill, to be entitled an act to establish a permanent seat of justice in the county of Jackson, and for other purposes, which was read a first and 2d time, and ordered to be engrossed for a third reading on Friday next.

On motion of Mr. Byler, Resolved, that a select committee be instructed to inquire into the expediency of so altering the law, as that causes in the several courts of law and equity in this state may not be thrown out of court, for imperfections of informalities of pleading, but to be tried on their merits, and have leave to report by bill or otherwise, whereupon Messrs. Oliver, Baylor, Byler, and Pickens of G., were appointed said committee.

Mr. Mardis moved the reconsideration of a vote given yesterday on an engrossed bill, to be entitled an act to prevent judges of the county court from issuing warrants in civil cases, which was carried. said bill being on its passage, the question being put, shall this bill pass?  It was decided in the negative.  Yeas 22, Nays 34.

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

Mr. Barton

Edmondson

McVay

Pickens of G.

Weissinger

Baylor

Exum

Merriwether

Ruffin

White- 22.

Cook

Fluker

Oliver

Tindall

Cunningham

Gaines

Perkins

Vining

Dinsmoor

Martin

Pickens of D.

Watson


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Those who voted in the negative, are

Mr. Speaker

Creagh

Jones

Moore of J.

Rather

Abercrombie

Dale

Lanier

Moore of Ma.

Shackleford

Bagby

Dickinson

Mardis

Moore of Mo.

Shotwell

Baxter

Farrar

McCord

Morton

Skinner

Byler

Fleming

Mead

Parham

Tapscot

Camp

Green

Metcalf

Peyton

Worthington-34

Coleman

Hill

Miller

Pickett

On motion of Mr. Rather, Resolved, That the committee on schools, colleges, and universities, and school and university lands, be instructed to inquire into the expediency of allowing persons where they live on the line dividing two townships, and their improvement is in each, to make choice of the township, he or they may prefer, for the purpose of educating his, her, or their children from the proceeds of the sixteenth section of said township, which was adopted.

Mr. Pickens of D. obtained leave to introduce a bill to be entitled an act to establish certain election precincts therein named, which was read a 1st time, and ordered to be read a 2d time tomorrow.

On motion of Mr. Green, Resolved that the judiciary committee be instructed 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 amendment in 1807, as requires that nay 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, which was adopted.  And then the House adjourned till 3 o'clock.

Evening Session, 3 o'clock.

Mr. Moore of J. obtained leave to introduce a bill to be entitled, an act amendatory of the attachment laws of this state, which was read a 1st time, and ordered to be read a 2d time tomorrow.

Mr. White moved that the House do now take up the bill to be entitled an act supplementary to, and amendatory of, the laws relating to executors, and administrators, and for other purposes; which was carried. said bill was then read a second time.

Mr. Vining moved to strike out the sixth section, which was lost. Yeas 17, Nays 38.

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

Mr. Speaker

Crenshaw

Lanier

Miller

Peyton

Baylor

Dickinson

Mead

Oliver

Shackleford

Byler

Hill

Metcalf

Parham

Vining-17.

Cook

Jones

Those who voted in the negative, are

Mr. Abercrombie

Cunningham

Martin

Morton

Shotwell

Bagby

Dale,

Edmondson

McVay

Perkins

Skinner

Barton

Exum

Farrar

McCord

Pickens of G.

Tapscot

Baxter

Fleming

Merriwether

Pickens of G.

Watson

Camp

Fluker

Moore of J.

Pickett

Weissinger

Coleman

Gaines,

Green

Moore of Ma.

Rather

Worthington

Creagh

Mardis

Moore of Mo.

Ruffin

White- 38.

Ordered, That said bill be referred to a select committee, consisting of Messrs. Creagh, White, and Martin.

Mr. Morton presented the account of the sheriff of Limestone county, which was read and referred to the committee on accounts.


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Mr. Ruffin, from the committee on enrolled bills, reported, that he had examined and found correctly enrolled, an act to incorporate a volunteer infantry corps in the city of mobile, to be styled the Mobile Republican Greens; An act to establish a state road leading from the city of Mobile to the Mississippi state line; An act amendatory of an act, regulating escheats, in this state, and to appoint escheators, and for other purposes; an act to repeal in part an act therein mentioned, and requiring the plea of set-off, or notice thereof in certain cases; An act to authorise Mary Ann Kennedy, to emancipate a certain slave therein named; An act for the relief of Joseph Burleson; An act divorcing Abraham Beadle from Letitia Beadle; An act divorcing Sarah R. Swansey, from James N. Swansey; An act declaring Flint river in Morgan county a public highway; An act making bastards capable of inheriting or transmitting inheritance on the part of their mother; An act to alter or amend an act, passed Dec. 23, 1822, entitled an act to establish a public road from the house of John Gandy in Morgan county, to Baltimore, or Morgan's Springs in Blount county.

Mr. Bagby from the judiciary committee, to whom was referred an engrossed bill from the Senate, to be entitled an act for rendering the decision of civil causes more speedy and less expensive than heretofore; reported the same without amendment, in which the House concurred. Ordered, that said bill be read a third time tomorrow.

Mr. Bagby from the judiciary committee, to whom was referred an engrossed bill, to be entitled an act the more effectually to insure the testimony of absent witnesses by interrogatories, and to remedy the inconvenience of their being called to distant counties for the purpose of giving evidence; reported the same with the following amendments, by striking out in the 5th section the words, packet of interrogatories taken as aforesaid, may be sent, and inserting in lieu thereof, the words the commission and interrogatories may be returned, and the deposition may be by mail transmitted, in which the House concurred. Ordered, that said bill lie on the table.

Mr. Bagby from the same committee, to whom was referred a bill to be entitled an act requiring bills of sale, deeds of gift, &c. in certain cases to be recorded, reported the same with the following amendments, by striking out the words deeds of gift where they occur in said bill. They have also amended the same, by inserting between the word trust, and the word or in the 20th line, of the second section, the words or within six calendar months after the property has been removed into said county, they have also amended said bill by inserting in the first section between the words property and the words made in good faith and for a valuable consideration.

They have also amended said bill by inserting the same words in the second section, between the word property and the word shall, in which the House concurred.  Ordered, that said bill be engrossed for a third reading tomorrow.

Mr. Barton from the select committee, to whom was referred a bill to be entitled an act to alter and amend the charter of incorporate of the city of Mobile, reported the same without amendment, in which the House concurrence.  Ordered, that said bill be engrossed for a third reading tomorrow.

Mr. Lanier moved to strike out the fifth section of a bill, to be en-

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titled an act supplementary to, and amendatory of, the laws relating to executors and administrators, and for other purposes, which was carried.

And then the House adjourned till tomorrow morning 10 o'clock.