Thursday, December 4.

The Senate met pursuant to adjournment.

Mr. Hopkins presented the petition of Rebecca Fletcher praying to be authorized to emancipate a certain negro: which was read. and ordered to be referred to a special committee, consisting of Messrs Hopkins, Moore and Bibb to consider and report thereon.

Mr. Smith presented the petition of sundry inhabitants of Wilcox county; which was read and ordered to be referred to the committee on roads, bridges and ferries to consider and report thereon.

Mr. Hopkins, from the judiciary committee, to whom was referred the 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, reported the same without amendment.

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

Mr. Hopkins from the same committee, to whom was referred the bill, entitled "an act concerning writs of certiorari, reported the same without amendment.

Ordered, That the bill pass to a third reading to-morrow.

Mr. Hopkins, from the same committee, to whom was referred a bill, entitled "an act supplementary to the law respecting garnishment," reported the same as amended; which was concurred in.

On motion of Mr. Smith, Ordered, That the bill lie on the table Mr. Hopkins, from the same committee to whom was referred the bill entitled "an act to legalize registering and recording certain


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deeds or conveyances of land, in this state, and for other purposes, "reported the same as amended; which was concurred in.

Mr. Sullivan offered an additional section as an amendment to said bill, which was adopted.

Ordered, That the bill pass to a third reading on to-morrow.

Mr. Bibb, from the committee on propositions and grievances, to whom was referred the petition of Matthew Bettis and Jane Gordon, adm'r and adm'x of the estate of Andrew Gordon, dec'd praying to be authorized to sell real estate, reported, that inasmuch as the judges of the county courts have the power of granting the relief prayed for under certain restrictions, they deem it inexpedient to legislate on the subject. On motion of Mr. Murphy, Ordered, That the report and petition be on the table.

Mr. Hopkins, from the judiciary committee, to whom was referred a resolution instructing them to enquire into the expediency of providing more effectually for the payment of witnesses in state cases, where the state fails to prosecute to effect, reported: That it is inexpedient to pass any law in relation to the payment of witnesses in state cases in which the defendants are acquitted; which was concurred in.

Mr. Powell obtained leave to introduce a bill, to be entitled "an act to amend the several acts for the settlement and relief of the poor; which was read and ordered to pass to a second reading on to-morrow.

An engrossed bill, entitled "an act establishing a certain county therein named, was read the third time, and amended by way of rider. Mr. Crabb moved to fill the blank in the bill where it provides for the name of the county, with the same of "Henderson;" which was lost. Mr. Wood moved to fill the blank with "Independence," which was also lost. Mr. McVay moved to fill the blank with the name of "Walker," in honor of the Hon. John W. Walker, decd. late a Senator in the Congress of the United States, from this state, which was determined in the affirmative. The remainder of the blanks were filled and the bill further amended by way of rider. --- On Mr. Wood's motion, the question was then put, "shall this bill pass?" and decided in the affirmative.

Ordered, That the title be an act &c. and that the same be sent to the House of Representatives for their concurrence. An engrossed entitled an act to amend an act entitled an act to provide for printing the laws and journals, and for other purposes passed December 25 th, 1822; was read the third time.

Mr. Murphy moved to fill the blank in the bill where it makes an allowance to the public printer in lieu of the compensation now allowed by law with $2400; which was lost.

Mr. Wood moved to fill the blank with $2050; which was also lost.

Mr. Powell moved to fill the blank with $2000; which was carried. The bill was then passed.

Ordered, That the title of said bill be changed from a bill to that of an act &c. and that the same be sent to the House of Representatives for their concurrence.

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

Mr. President: --- The House of Representatives have passed bills, originating in their body, of the following titles, to wit:


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An act to establish certain election precincts therein named, and for other purposes.

An act to amend an act, entitled, an act for the government of the port and harbour of Mobile, passed 23d December 1822; and,

An act to establish the permanent seat of justice in the county of Shelby: in all of which they desire your concurrence: and then he withdrew --- All three of which bills were read. Ordered, That the severally pass to a second reading to-morrow.

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

Evening Session.

An engrossed bill, entitled an act to repeal so much of an act passed on the 15th day of December 1821, as allows Samuel Dale for life, the half pay of a colonel in the United States' Army, was read the third time.

Mr..Shackleford offered the following as an amendment to the bill by way of rider: Provided however, That this law shall not be in force until the equitable claims of Col. Samuel Dale, for supplies furnished the troops whilst engaged in the service of the state shall be settled and adjusted; and in the question being put, on the adoption of said amendment, it was decided in the negative.

Yeas 9.                           Nays 10.

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

Mr. President

Bibb

Devereux

Murphy

Smith --- 9.

Armstrong

Casey

Hopkins

Shackleford,

Those who voted in the negative, are,

Mr. Coats

Crabb

Metcalf

McVay

Sullivan

Conner

McCamy

Moore

Powell

Wood --- 10.

The question was then put "shall the bill pass?" and decided in the affirmative.  Yeas 10.  Nays 9.

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

Mr. Coats

Crabb

Metcalf

McVay

Sullivan

Conner

McCamy

Moore

Powell

Wood --- 10.

Those who voted in the negative, are,

Mr. President

Bibb

Devereux

Murphy

Smith --- 9.

Armstrong

Casey

Hopkins

Shackleford

Ordered, That the words "a bill to be entitled" be stricken out of the caption of the bill, and that it be sent to the House of Representatives for their concurrence.

An engrossed 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 Nov. 1818;"

"An act authorizing Matthew Harbeson, admr. of Samuel Harbeson, decd. to make conveyances of a certain tract of land therein named;"

"An act to provide for taking the census;"

"An act to regulate escheats, in the state, and to appoint escheators;" and a "Resolution requiring the chairman of the committee on enrolled bills to preserve the engrossed copies of all acts and joint resolutions, and file them with the secretary of state;" were severally read the third time and passed.

Ordered, That the words "engrossed bill to be entitled;" be stricken from the captions of said bills; and that they be sent to the House of Representatives for concurrence.


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A bill, entitled an act concerning executions, was read the second time, and ordered to be committed to a special committee consisting of Messrs. Moore, McVay and Conner, to consider and report thereon.

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