Wednesday, December 3.

The Senate met pursuant to adjournment.

Mr. Coats presented the petition of sundry inhabitants of Greene county concerning the sixteenth section in each township; the petition was read, and on his motion referred to the committee on schools and colleges and school and college lands.

Mr. Hopkins, from the judiciary committee, to whom was referred a resolution of the Senate, reported a bill, to be entitled an act prescribing the length of time jurors shall be required to serve; the bill was read and ordered to a second reading on to-morrow.

Mr. Hopkins, from said committee, to whom was referred the bill entitled "An act concerning constables:" Reported the same as amended; which was concurred in. On motion of Mr. Powell Ordered, That the bill lie on the table.

Mr. Hopkins, from the same committee, to whom was referred a resolution instructing them to report a more effectual mode of compelling sheriffs to make and pay over monies on executions, Reported, that it is unnecessary to recommend any other mode than that which is established by law; which was concurred in.

Mr. Hopkins, from the same committee to whom was referred the bill, entitled "An act pointing out the mode of selecting grand jurors." Reported that it is inexpedient to pass the bill; which was concurred in.

Mr. Hopkins, from the same committee, to whom was referred the bill, entitled  "An act for the more sure and speedy trial of persons charged with misdemeanors," Reported that it is inexpedient to pass the bill; which was on motion of Mr. Wood, ordered to lie on the table.

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

Mr. President --- The House of Representatives, concur in the amendment made by your honorable body to the bill, entitled an act respecting bail in civil cases.

They have adopted the following resolution: Resolved, That a 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 examine into the state of the treasury and to report the condition of the same with authority to send for persons and papers; and that the same committee be authorized to examine the books and accounts of the comptroller of public accounts and to report the state and condition of the same; with like authority to send for persons and papers. They have appointed on their part Messrs. Jackson, Hallett and Lister: in  which resolution they desire the concurrence of your honorable body; and then he withdrew.

On motion of Mr. Conner, Ordered, That the Senate concur in the above resolution: Whereupon, Messrs.  Murphy and Moore were appointed a committee on the part of the Senate.  Ordered,  That the secretary acquaint the  House therewith.


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Mr. Casey called up the bill, entitled "An act prescribing the mode in which sheriffs, who are delinquents in making returns of the election for Governor, shall be brought to justice; and on his motion the bill was amended, and ordered to be engrossed for a third reading to-morrow.

Mr. Powell called up the bill, entitled "An act to alter the name of, and legitimate a certain person therein named; the bill was then read the third time and passed --- Ordered, That the secretary inform the House of Representatives thereof.

Mr. Wood called up the bill entitled "An act to alter an election precinct in Jefferson county;" and on his motion, Ordered, That the bill be engrossed for a third reading to-morrow.

Mr. Smith offered the following resolution: Resolved, That the Senate and House of Representatives meet in the Representative Hall at the hour of 3 o'clock P. M. on to morrow, for the purpose of electing a judge for the third judiciary circuit, and to elect an attorney general for the state; and a solicitor for the third, fourth and fifth judicial circuit; also an adjutant general and a quarter master general for this state.

On motion of Mr. Casey, Ordered, That the resolution lie on the table.

Mr. Wood submitted the following resolution: Resolved, That with the concurrence of the House of Representatives, the Senate will assemble in their chamber on to-morrow at the hour of three o'clock, P. M. for the purpose of electing an adjutant general and quarter master general of this state.

On motion of Mr. Shackleford, Ordered, That the further consideration of the resolution be postponed until to-morrow.

On motion of Mr. Crabb, Resolved, That the judiciary committee be instructed to require into the expediency of providing by law more effectually for the payment of witnesses in state cases where the state fails to prosecute to effect, with leave to report by bill or otherwise.

The Senate then proceeded to the orders of the day.

A bill entitled an act to provide for electing a site for the seat of justice in Decatur county, was read the second time and ordered to be engrossed for a third reading on Friday next.

A bill, entitled an act to compel defendants to bills of injunction to give bond and security before they shall have the benefit of executions on their judgments at law, was read the second time; and on motion, ordered to be committed to the committee on the judiciary, to consider and report thereon.

A bill, to be entitled "An act for the relief of Cinthia Johnson," was read the second time, and ordered to a third reading to-morrow.

A bill, entitled an act to provide for the emancipation of slaves, was read a second time and amended.

Mr. Murphy moved that the further consideration of the bill be indefinitely postponed; and on the question being put, it was determined in the affirmative.

A bill entitled an act concerning writs of certiorari, was read the second time.

Mr. Wood offered the following amendment to the bill:

Sec. --- "And be it further enacted, that the sum of two dollars, the


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county tax on all appeals and certioraris, and the fifteen per cent on all appeals and certioraris, when the same are taken for delay be, and the same are hereby taken off; any law to the contrary notwithstanding:" which was rejected.

On motion, Ordered, That the bill be committed to the committee on the judiciary, to consider and report thereon.

A bill entitled, an act to provide for contesting the election of justices of the peace and constables, was read the second time: and on motion, Ordered, That the bill be referred to a special committee consisting of Messrs. Moore, Crabb and Metcalf, to consider and report thereon.

A bill, entitled an act to legalize the registering or recording certain deeds or conveyances of lands in this state, and for other purposes; and an act supplementary to the law respecting garnishment, were read the second time; and on motion, Ordered, That they referred to the committee on the judiciary to consider and report thereon.

A bill, entitled an act to increase the compensation of jurors in the counties therein named and for other purposes, was read the second time; and on motion, Ordered, That it be referred to the special committee to consider and report thereon: Whereupon, Messrs. McVay, Sullivan and Bibb were appointed.

An engrossed bill, entitled an act for the relief of Martin Hogan, was read the third time, amended by way of rider and passed. Ordered, That the title be "An act for the relief of Martin Hogan:" and that the secretary desire the concurrence of the House of Representatives in it.

An engrossed bill, entitled "An act to amend an act entitled an act to incorporate the Huntsville Fire Engine Company, passed December 10, 1822;" and a bill entitled an act supplementary to an act entitled an act to authorize administrators to sell lands belonging to the estate of their intestate, to which a complete title has not been obtained, passed December 27, 1822, were severally read the third time and passed.

Ordered, That the titles be changed from bills to acts, and that they be sent to the House of Representatives for concurrence.

An engrossed bill, entitled "An act to regulate and reduce the expenses of the General Assembly," was read the third time.

Mr. Shackleford moved to amend said bill by way of rider, with the following: "And be it further enacted, that the salary of the Governor hereafter to be elected shall be       dollars per annum.

Mr. McVay moved to amend the amendment by the following: "The salary of the secretary of state      dollars; the salary of the comptroller       dollars; the salary of the treasurer       dollars; which was rejected.

The question was then put on the adoption of Mr. Shackleford's amendment and decided in the negative --- yeas 6, nays 13.

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

Mr. President

Crabb

McCamy

Powell

Shackleford --- 6

Conner

 

Those who voted in the negative are,

Mr. Armstrong

Coats

Metcalf

McVay

Sullivan

Bibb

Devereux

Moore

Smith

Wood -- 13

Casey

Hopkins

Murphy

 


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So the amendment was rejected.

Mr. Shackleford then moved that the further consideration of the bill be indefinitely postponed; and on the question being put it was determined in the negative --- yeas 8, nays 11.

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

Mr. Armstrong

Coats

Metcalf

Shackleford

Sullivan --- 8.

Bibb

McCamy

Murphy

Those who voted in the negative, are,

Mr. President

Crabb

Hopkins

McVay

Smith

Casey

Devereux

Moore

Powell

Wood --- 11.

Conner

Mr. Armstrong moved to fill the blank in the bill where it provides for the per diem pay of the president of the Senate and speaker of the House of Representatives with "six dollars;" which was lost.

Mr. McVay moved to fill the blank with "five dollars;" which was carried.

Mr. McVay moved to fill the blank in the bill, where it provides for the per diem pay of the members of the General Assembly, with "three dollars;" which was lost.

Mr. Casey moved to fill the blank with "two dollars eighty-seven and a half cents;" and on the question being put, it was decided in the negative --- yeas 7, nays 12.

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

Mr. President

Conner

Moore

Powell

Wood --- 7.

Casey

Hopkins

Those who voted in the negative, are,

Mr. Armstrong

Devereux

Metcalf

McVay

Smith

Bibb

McCamy

Murphy

Shackleford

Sullivan --- 12.

Coats

Crabb

Mr. Hopkins moved to fill the blank with "two dollars and fifty cents;" and on the question being put, it was decided in the negative --- yeas 7, nays 12.

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

Mr. Conner

Moore

Powell

Shackleford

Wood --- 7.

Hopkins

McVay

Those who voted in the negative, are,

Mr. President

Casey

Devereux

Metcalf

Smith

Armstrong

Coats

McCamy

Murphy

Sullivan --- 12.

Bibb

Crabb

 

On motion of Mr. McCamy, Ordered, That the further consideration of the bill be postponed until the 25th day of December next.

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

Mr. President --- The House of Representatives passed bills of the following titles, to wit:

An act to establish the seat of justice in the county of Pike, and for other purposes;

An act to vest in the judge of the county court and commissioners of roads and revenue of the county of Henry, a certain portion of land for county purposes;

An act to alter and amend the existing laws concerning strays.

An act to change the time of holding the county court in Bibb county;


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An act to authorize the administrators of Thomas McHenry, deceased, and Isaac Edwards, deceased, to convey certain real estate therein named;

An act supplementary to an act allowing an additional number of jurors to Madison circuit court;

Memorial to Congress praying a donation of land for the seat of justice for the counties of Bibb and Pike;

An act to appoint commissioners for the counties of Perry and Marengo, to sell and convey town lots at the towns of Marion and Linden, the seats of justice thereof, and to erect public buildings in the same; all which originated in this House: and in which they desire the concurrence of your honorable body. And then he withdrew.

The said six bills and memorial were read. Ordered, That they severally pass to a second reading to-morrow.

On motion the Senate adjourned till 3 o'clock, P. M.

Evening Session.

Mr. Shackleford, from the select committee, to whom was referred so much of the Governor's Message as relates to the establishment of a State Bank, reported a bill, entitled an act to establish the bank of the state of Alabama. The bill was read, and on his motion Ordered, That it lie on the table, and that one hundred copies thereof be printed for the use of the General Assembly.

Mr. McCamy obtained leave to introduce a bill, to be entitled an act concerning executions; which was read. Ordered, That it pass a second reading on to-morrow.

And on motion, the Senate adjourned till to-morrow morning 10 o’clock.