Friday, December 10, 1824.

The Senate met pursuant to adjournment.

Mr. Taggert presented the petition of Edwin Lewis concerning a turnpike road; which was read and ordered to be referred to a special committee, consisting of Messrs. Taggert, Devereux and Casey, to consider and report thereon.

Mr. Casey from the committee on roads, bridges, and ferries, to which was referred a bill to be entitled an act concerning roads, highways bridges, and ferries, in the county of Mobile, reported the same without amendment.  Ordered, that the bill be made the order of the day for a 3d reading on tomorrow.

Mr. Casey from the same committee, to which was referred a bill to be entitled an act vesting in the judges of the county courts, and commissioners of roads and revenue, the power of altering any state road that may run through their respective counties, reported that it is inexpedient to pass the bill; which was concurred in.

Mr. Casey from the same committee, to which was referred a bill to be entitled an act to provide for the raising of a fund for the support of an academy and a Hospital in Baldwin county, reported that it is inexpedient to pass the bill.  Ordered, that the report together with the bill lie on the table.  Mr. Casey from the same committee to which was referred the petition of sundry inhabitants of Marengo county, praying an alteration in the state road, reported, that it is inexpedient to grant the prayer of the petitioners; which was concurred in.

Mr. Coats from the same committee, to which was referred the petition of sundry inhabitants of Dallas county concerning a road, reported that it is inexpedient to grant the prayer of the petitioners.  On motion of Mr. Casey, Ordered, that the report lie on the table.  Mr. Hopkins from the judiciary committee to which was referred a bill to be entitled an act concerning prisons and prisoners, reported, that same


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without amendment.  Ordered, that the bill be made the order of the day for a 23d reading on tomorrow.

Mr. Crabb moved to take up the bill to be entitled an act to amend the attachment laws of this state, which was lost.

A bill to be entitled an act to repeal an act entitled an act to establish regular justices courts in this state, passed 30th Dec. 1823, was read the 3d time.

Mr. Powell offered the following amendment to the bill by way of rider, Provided that all business commenced under the provisions of that act shall go on to a final decision in the same manner as if this act had not passed; which was read three several time and adopted.

The question was then put, shall the bill pass? and determined in the affirmative.  Yeas 12, Nays 8.

The yeas and nays being desired, those who voted in the affirmative are, Mr. President, Bibb, Coats, Conner, Crabb, Hopkins, McCamy, Metcalf, Moore, McVay, Murphy, Taggert- 12.  Those who voted in the negative, are,

Messrs. Casey, Devereux, Powell, Shackleford, Smith, Sullivan, Wood- 7.

So the bill was passed. Ordered that the secretary acquaint the House therewith.

On motion of Mr. Wood, the bill to be entitled an act to retrench the expenses of this state, and for other purposes, was taken up: Mr. Wood offered the following amendment to the bill, Sec.  Be it further provided that when it appears that due diligence has been used by an attorney for the collection of money, and the money cannot be made out of the defendant, in all such cases the prosecuting attorney shall be entitled to the same fees from the plaintiff, as otherwise would have been recovered from the defendant, which was adopted- Yeas 11- Nays 8.

The yeas and nays being desired, those who voted in the affirmative, are Messrs. Casey, Conner, Devereux, McCamy, Metcalf, Moore, Murphy, McVay, Powell, Smith, Wood-11.  Those who voted in the negative, are, Mr. President, Bibb, Coats, Crabb, Hopkins, Shackleford, Sullivan, Taggert, 8.

So the amendment was adopted.  Mr. McCamy moved to amend the bill by striking out all after the enacting clause, and inserting the following: That it shall be the duty of the judges of the several courts of justice in this state, to hear and determine all causes to them returned for trial, founded on any note or notes, bond or bonds, or accounts, or any manner of debt whatsoever kind or nature that may be agreeably to the true intent and meaning of the said note or notes, bond or bonds, or accounts or debts, as the case may be, without any counsel, or declaration being filed thereto, but shall enter on the merit of the case as it may appear before them: nor shall it be required of any plaintiff or plaintiffs to employ any counsel or file any declaration to any manner of debt he may sue for; provided however, that nothing in this act shall be so construed as to prevent any plaintiff or plaintiffs from employing counsel and filing declarations as is now provided for by law, if they may see cause to do so, any law, usage or custom to the contrary, be, and the same is hereby repealed, which was rejected- Yeas 4- Nays 15.

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

Messrs, McCamy, Metcalf, Sullivan, Taggert- 4.

Those who voted in the negative, are, Mr. President, Bibb, Casey, Coats, Conner, Crabb, Devereux, Hopkins, Moore, Murphy, McCamy, Powell, Shackleford, Smith, Wood- 15.  So the amendment was negative.

Mr. Crabb moved that the further consideration of the bill be postponed till the first day of the next session of the legislature, which was carried- Yeas 12- Nays 7.


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The yeas and nays being desired, those who voted in the affirmative, are Mr. President, Bibb, Coats, Crabb, Hopkins, Moore, Murphy, Powell, Shackleford, Smith, Sullivan, Taggert- 12.  Those who voted in the negative, are

Messrs. Casey, Conner, Devereux, McCamy, Metcalf, McVay, Wood- 7.

So the further consideration of the bill was postponed till the first day of the next session.

Mr. Taggert obtained leave to introduce a bill, to be entitled an act amendatory to the several laws now in force for the relief of insolvent debtors, which was read the first time, and ordered to be read the 2d time on Monday next.

Mr. Smith obtained leave to introduce a bill to be entitled an act to bring delinquents in Clarke county to an account, and for other purposes, which was read the 1st time, and ordered to be read the 2d time on tomorrow.

On motion of Mr. Coats, the bill to be entitled, an act exemption persons of a certain description from taxation, was taken up.  Mr. Coats offered the following amendment: “Sec.  And be it further enacted, that all free white persons who may be rendered permanently by nature, disease or accident, unable to perform ordinary labor shall be exempt from paying a poll tax;” which was adopted.  Ordered that the bill be made the order of the day for a third reading on tomorrow.

A message from the House of Representatives by Mr. Tunstall, Mr. President, I am instructed by the House of Representatives to inform your honorable body that they have elected Thomas Murray, clerk of the House of Representatives to supply the vacancy occasioned by the resignation of Nathaniel Dodson. They have read a 3d time and passed a bill originating in their House, entitled an act to repeal in part an act regulating the fees of justices, constables and lawyers; and to ascertain the fees that said officers are hereafter to receive, in which they desire your concurrence.  The above last mentioned bill was read the first time, and ordered to be read the second time tomorrow.

The Senate according to order resolved itself into committee of the whole on the bill to be entitled an act to apportion the representation among the several counties of this state, and to divide the state into senatorial districts, according to the late census, Mr. Powell in the chair, and after some time spent therein, the committee rose, Mr. President resumed the chair, and Mr. Powell reported the same as amended; which was concurred in.

Mr. Murphy offered the following amendment to the bill.

Sec.  And be it further enacted, That it shall be lawful for the assessor of taxes for Mobile county to take the returns of all heads of families and others who were actually residents of, but absent from said county at the time prescribed by law for taking the census, and make report thereof to the office of secretary of state, on or before the first day of May next; and if it shall appear by the return of the said assessor that the number of white inhabitants, actually residents of said county at the time the census was required by law to be taken and returned, with the fraction from Clark be equal to the ratio hereby established, the county of the said counties having the largest residuum, shall be entitled to an additional representative, and the Governor shall thereupon issue his proclamation declaring the fact, and a writ of election shall issue requiring an election to be held for such additional representatives, in the said county having the largest residuum as aforesaid, and the said additional representative when elected and returned shall


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be a member of the House of Representatives for the said county, and the said county shall be entitled to an additional representative until the next apportionment, which was adopted.

Mr. Powell offered the following amendment to the bill.

Sec. Be it further enacted, That it shall be the duty of the assessor of Mobile county in taking all such returns, in addition to the oath now required, also to administer an oath to all persons thus taken that they actually resided and had settled in the county of Mobile, prior to the _____ day of November, 1824, and that they had not been enumerated in any other county of this state, which was adopted.

Mr. Shackleford moved to amend the bill by striking out the words and Autauga, and insert the words and Bibb, so as to make Shelby and Bibb form one senatorial district, which was lost.  Yeas 2, nays 16.

The yeas and nays being desired, those who voted in the affirmative, are Messrs. Conner and Shackleford- 2.

Those who voted in the negative, are Messrs. President, Bibb, Casey, Coats, Devereux, Hopkins, McCamy, Metcalfe, Moore, Murphy, McVay, Powell, Smith, Sullivan, Taggert, Wood- 16.

Ordered, that the bill be engrossed and made the order of the day for a 3d reading on tomorrow.

A bill to be entitled an act to exempt the citizens of the town of Marion in Perry county from working on roads beyond the limits of said town, and for other purposes; and An act to repeal in part an act entitled an act to establish certain counties therein named, and for other purposes, passed Dec. 17, 1821, and for other purposes, were severally read the 3d time and passed.  Ordered, the secretary acquaint the House therewith.

An engrossed bill to be entitled an act to amend an act, entitled an act concerning strays; was read the 3d time and passed.  Ordered, that the title of the bill be as aforesaid, and that the same be sent to the house of representatives for concurrence.  Ordered that the bill to be entitled an act, to amend an act entitled an act to establish regular justices courts in this state, passed Dec. 30, 1823, be laid upon the table.

A bill to be entitled an act to provide for the payment of interest on the loan obtained for the use of the state, was read the 2d time, and ordered to be engrossed for a 3d reading on tomorrow.  On motion of Mr. Moore, ordered that Mr. Bibb be added to the committee on enrolled bill.

A bill to be entitled an at to give the people of this state the election of assessors and tax collectors; was read the 2d time, and ordered to be referred to a select committee, consisting of Messrs. Casey, Coats, and Taggert, to consider and report thereon.

Mr. Sullivan offered the following resolution:  Resolved, that the Senate with the concurrence of the House of Representatives, will convene in the representative hall on tomorrow evening at 3 o'clock, for the purpose of electing a comptroller of public accounts, and a state treasurer for the ensuing year, which was adopted.

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