Tuesday, December 2.

The Senate met pursuant to adjournment.

Mr. Moore presented the petition of Peter Wyatt, which was read and referred to a special committee, consisting of Messrs. Moore, Smith, Wood, Metcalf and Murphy.

Mr. Bibb from the special committee, to whom was referred the bill to be entitled an act to establish a county therein named. reported the same as amended, which was concurred in. Ordered,  That the bill be engrossed for a third reading on to-morrow.

Mr. Sullivan, from the special committee, to whom was referred the bill to be entitled an act prescribing the mode in which sheriffs who are delinquents in making returns of the Governor's election shall be brought to justice, reported the same as amended, which was ordered to lie on the table.

Mr. Moore, from the special committee, to whom was referred the bill, to be entitled an act to provide for taking the census, reported the same as amended, which was concurred in. Ordered, That the bill be engrossed for a third reading on to-morrow.

Mr. Crabb, from the special committee, to whom was referred the bill to be entitled an act to authorize Matthew Harbeson, administrator of Samuel Harbeson, deceased, to make conveyance of a certain tract of land therein named, reported the same as amended --- which was concurred in.

Ordered, That the bill be engrossed for a third reading on to-morrow.

A message from the House of Representatives, by Mr. Dodson:

Mr. President --- I am instructed by the House of Representatives, to inform your honorable body, that they concur in the amendment made by your honorable body to the amendment made by this House, to the resolution extending the time of payment of lots in the town of Cahawba.

On motion of Mr. Wood, Resolved, That the military committee be instructed to inquire into the expediency of passing a law for the purpose of the Governor's furnishing brigadier generals throughout this state with blank commissions, and proper instructions to fill them up, when any vacancy occurs under their respective commands.

Mr. McCamy obtained leave to introduce a bill, to be entitled an act to provide for selecting a site for the seat of justice in Decatur county; which was read, and ordered to be read the second time on to-morrow.

On motion of Mr. Wood, Resolved, That the judiciary committee be instructed to inquire into the propriety of recommending a more effectual mode of compelling sheriffs to make and pay over moneys on executions.

On motion of Mr. Smith, Resolved, That the judiciary committee be instructed to inquire into the expediency of providing some mode by law, by which contested elections for Governor of this state shall be decided, and report by bill or otherwise.


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Mr. Sullivan obtained leave to introduce a bill, to be entitled an act to compel defendants to bill of injunction, to give bond and security before they shall have the benefit of their executions on their judgments at law; which was read, and ordered to be read the second time on to-morrow.

Mr. McVay offered the following resolution: Resolved, That the judiciary committee be instructed to prepare, and bring in a bill to repeal the charter of the Planters' and Merchants' Bank of Huntsville, containing such provisions as they may think necessary to secure the rights of individuals to whom said bank may be indebted.

Mr. Powell moved to amend said resolution, by adding at the end thereof the words "provided they should think proper;" which was carried.

The question was then put on the adoption of the resolution as amended, and decided in the negative.

The Senate then proceeded to the orders of the day.

A bill to be entitled an act supplementary to an act, entitled an act to authorize administrators to sell land belonging to the estate of their intestate, to which a complete title has not been obtained; was read the second time, and ordered to be engrossed for a third reading on to-morrow.

A bill, to be entitled an act to amend an act, entitled "An act to incorporate the Huntsville Fire Engine Company," passed December 10, 1822, was read the second time, amended, and ordered to be engrossed for a third reading on to-morrow.

A bill, to be entitled "An act to regulate escheats in this state and to appoint escheators," and "An act for the relief of Martin Hogan." were severally read the second time, and ordered to be engrossed for a third reading on to-morrow.

A resolution, requiring the chairman of the joint committee on enrolled bills to preserve the engrossed copies of all acts and joint resolutions, and file them with the Secretary of State, was read the second time, and ordered to be engrossed for a third reading on to-morrow.

A bill, from the House of Representatives, entitled an act to alter the name of and legitimate a certain person therein named, was read the second time, and ordered to lie on the table.

Mr. Armstrong, from the special committee to whom was referred the bill to be entitled an act more effectually to ensure the testimony of absent witnesses by interrogatories, reported the same as amended, which was concurred in.

Mr. Smith moved to amend said bill by striking out the word "ten" where it provides that the party shall give ten days' notice of the time and place of taking testimony and insert in lieu thereof "thirty," which was carried. Ordered, That the bill be engrossed for a third reading on Thursday next.

A bill, from the House of Representatives, entitled "An act concerning writs of certiorari," and "An act to provide for contesting the election of justices of the peace and constables," were severally read the second time and ordered to be read the third time on to-morrow.

A bill, to be entitled an act concerning constables, was read the second time and referred to the committee on the judiciary to examine and report thereon.


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A message from the House of Representatives, by Mr. Dodson, their clerk:

Mr. President --- I am instructed by the House of Representatives, to inform your honorable body, that they have read a third time and passed bills, originating in their body, of the following titles, to wit:

"An act to legalize registering and recording certain deeds or conveyances of land in this state, and for other purposes;"

"An act supplementary to the laws respecting garnishment;"

"An act for the relief of Cynthia Johnston;"

"An act to provide for the emancipation of slaves;"

"An act to increase the compensation of jurors therein named, and for other purposes;" in all of which they desire your concurrence. All of which bills were severally read the first time, and ordered to be read the second time on to-morrow.

A bill, from the House of Representatives, entitled "An act explanatory of the several acts now in force in this state to suppress duelling" was read the second time, and ordered to lie on the table.

A bill, from the House of Representatives, entitled an act respecting bail in civil cases was read the third time as amended, and passed. Ordered, That the secretary notify the House of Representatives thereof, and desire their concurrence in the amendment made thereto.

An engrossed bill, entitled an act to establish regular justices' courts in this state, was read the third time.

Mr. Powell offered an additional section as an amendment to said bill by way of rider; which was read three several times and adopted. The blanks being filled the question was then put, "shall this bill pass?" and decided in the affirmative, yeas 11, nays 8.

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

Messrs. Bibb

Devereux

Metcalf

Shackleford

Sullivan

Casey

Conner

McCamy

Moore,

Smith

Wood --- 11

Those who voted in the negative, are:

Mr. President

Coats

Hopkins

McVay

Armstrong

Crabb

Murphy

Powell --- 8.

Ordered, That the title of said bill be "An act to establish regular justices courts in this state:" and that the same be sent to the House of Representatives for their concurrence.

On motion of Mr. Wood, Resolved, That a special committee be appointed to examine into the propriety of passing a law to make void the charter of the Planters' and Merchants' Bank of Huntsville; and have leave to report by bill or otherwise: Whereupon Messrs. Wood, Murphy and Smith were appointed.

Mr. Powell gave notice that he would on to-morrow, move to make it a rule of the Senate, that all resolutions introduced for its consideration, other than joint resolutions, and such as require the concurrence of the House of Representatives, shall lie on the table at least one day before they can be acted on.

Mr. Murphy, from the special committee to whom was referred the bill, entitled an act to repeal in part, and amend an act to establish a bank in the town of Mobile, passed on the 20th November, in the year 1818, reported the same as amended; which was concurred in. Ordered, That the bill be engrossed for a third reading on to-morrow.

F


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Mr. Murphy presented the petition of Matthew Bettis and Jane Gordon, administrator & administratix of the estate of Andrew Gordon, deceased, praying to sell land belonging to said estate; which was referred to the committee on propositions and grievances.

And then the Senate adjourned till to-morrow morning at 10 o'clock.