Monday, December 13th, 1824.

The Senate met pursuant to adjournment.

Mr. Hopkins from the judiciary committee to which was referred a bill to be entitled an act authorise Armstrong Mitchell executor and Elizabeth Averett, executrix, of Benjamin Averett deceased, to transfer certain real estate, reported the same without amendment. Ordered that the bill be made the order of the day for a 3d reading on tomorrow.

Mr. Hopkins from the same committee to whom was referred a bill to be entitled an act to give justices jurisdiction of breaches of the peace and affrays, Reported that it is inexpedient to pass the bill.

Mr. wood moved that the Senate disagreed to the report, which was Lost- Yeas 7- Nays 11.

The yeas and nays being desired, those who voted in the affirmative, are Messrs. Conner, Devereux, McCamy, Metcalf, McVay, Smith, Wood- 7.

Those who voted in the negative, are Messrs. President, Bibb, Casey, Coats, Crabb, Hopkins, Moore, Murphy, Powell, Shackleford, Sullivan- 11.

On motion ordered, that the Senate concur in the said report.

On motion of Mr. Casey a bill to be entitled an act to give Decatur county an additional election precinct, was taken up; Mr. Casey offered the following amendment to the bill, And be it further enacted, that the election precinct heretofore established at the house of Daniel Hardy in Dallas county, be and the same is hereby discontinued, and one established at the house of Wm. Day in said county.

Mr. Devereux moved to amend the amendment by adding the following, and that a precinct heretofore established at Fort Crawford be


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discontinued, and that a precinct be established at Cotton's bluff, in Conecuh county, which was adopted.  The question was then put on the adoption of the amendment offered by Mr. Casey and carried.

Mr. McCamy moved to amend the bill by striking out all the first section after the enacting clause, which was carried.  Ordered that the bill be again laid upon the table.

Mr. Smith called up the bill, (from the House of Representatives) entitled an act to change the mode of appointing assessors and tax-collectors.  Mr. Bibb moved that the further consideration of the bill be postponed till the first day of June next, which was lost.  Yeas 8, Nays 8.

The yeas and nays being desired, those who voted in the affirmative, are, Mr. President, Bibb, Casey, Hopkins, Moore, Murphy, Sullivan, wood- 8.

Those who voted in the negative, are Messrs. Coats, Conner, Crabb, Devereux, McCamy, Metcalf, McVay, Smith- 8.  So the motion to postpone was lost.

Ordered that the bill be again laid on the table.

Mr. Hopkins from the judiciary committee to which was referred a Resolution instructing them to inquire into the expediency of amending the laws now in force respecting garnishees and attachments, so that no garnishment or attachment shall be quashed in court on account of any informality, when the intent and meaning is fully shewn, and that the plaintiff in the case be authorised in term time to correct any previous error that may exist, by making it appear to the satisfaction of the court, that such error was not committed with a fraudulent intention, Reported that no alteration or amendment of the laws relating to garnishments and attachments in necessary, which was concurred in.

Mr. Hopkins from the same committee, to which was referred a resolution instruction them to inquire into the expediency of reporting a bill more effectually to enable merchants, mechanics and shop-keepers to prove their accounts, Reported that it is inexpedient to report such a bill.  Mr. Wood moved that the Senate disagree to the report, which was lost- Yeas 7- Nays 10.

The yeas and nays being desired, those who voted in the affirmative, are, Messrs. Coats, Conner, Metcalf, Shackleford, Sullivan, Wood- 7.

Those who voted in the negative, are, Mr. President, Bibb, Crabb, Devereux, Hopkins, McCamy, Moore, Murphy, McVay, Smith- 10.

Ordered that the Senate concur in said report.

A bill to be entitled an act to amend an act entitled an act to prevent the frauds and fraudulent combinations in the sale of public lands in this state, passed at Huntsville on the 17th of Dec. 1819, was read the 3d time and passed.  Ordered that the secretary acquaint the House therewith.

An engrossed bill to be entitled an act to amend the several acts in relation to roads, bridges and ferries, was read the 3d time; Mr. Powell offered the following amendment to the bill by way of rider, Sec. Be it further enacted, that hereafter the concurrence of a majority of a jury of view shall be a sufficient report to authorise the court of commissioners of revenue and roads to establish any public road under the rules and regulations now provided by law, which was read the three several times and adopted.  The question was then put shall the bill pass?  and determined in the affirmative.  Ordered that the title be as aforesaid, and that the same be sent to the House of Representatives for concurrence.

An engrossed bill to be entitled an act to amend an act entitled


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act to establish a public road from Ditto's landing to Marston Mead’s in Blount county, passed Dec. 30, 1822, was read the 3d time; Mr. Powell offered the following amendment to the bill by way of rider, Sec.   Be it further enacted that the legislature shall have authority from time to time to alter and arrange the rates of till as may be proper from a change of circumstances, which was rejected.  Mr. Crabb offered the following amendment, to the bill by way of rider, Provided that nothing herein contained shall be so construed as to take from the state the right of establishing a state rose on the same ground after paying Tobias Derrick and his associates a reasonable compensation for their services, to be ascertained by commissioners appointed by the state, which was read three several times and adopted.  The question was then put, shall the bill pass?  and determined in the affirmative-Yeas 14- Nays 5.

The yeas and nays being desired, those who voted in the affirmative, are, Mr. President, Bibb, Casey, Conner, Crabb, Devereux, Hopkins, McCamy, Metcalfe, Moore, Murphy, Shackleford, Smith, Taggert- 14.

Those who voted in the negative, are, Messrs. Coats, McVay, Powell, Sullivan, Wood- 5.  So the bill was passed.

Ordered, that the title be as aforesaid, and that the same be sent to the House of Representatives for concurrence.

A bill to be entitled an act to authorise the resident judge of the 3d judicial circuit to hold an intermediate court in Blount county for the purposes therein mentioned; And an act giving further tie in which executions shall be made returnable, when issued by justices of the peace from one county to another, were severally read the 2d time, and ordered to be engrossed for a third reading on tomorrow.

Mr. President laid before the Senate the report of the comptroller, shewing the aggregate amount of taxes, on the several objects of taxation within the state for the present year.  Ordered, that the report lie on the table and three hundred copies thereof be printed for the use of the Senate.

A bill to be entitled an act amendatory of the several laws now in force in relation to insolvent debtors, was read the 2d time and ordered to be engrossed for a 3d reading on tomorrow.

A bill to be entitled an act to alter the times of holding courts in the first judicial circuit; was read the 2d time, and ordered to be referred to the committee on the judiciary, to consider and report thereon. A bill to be entitled an act, to repeal and amend the several acts for the suppression of fire hunting, and a resolution securing to the people the mode of voting in the most acceptable manner to themselves, were severally read the 2d time, and ordered to be engrossed for a 3d reading tomorrow.  On motion of Mr. Moore, a bill to be entitled an act to give to the people of this state the election of assessors and tax collector, was taken up.

Mr. Moore offered the following amendment to the bill.  Sec. Be it further enacted, That in all counties where the state tax shall amount to _____ thousand dollars and upwards, the assessors and tax collectors of such counties shall be allowed _____ days in addition to the time allowed by law, to make payment into the state treasury of such excess over and above the sum herein mentioned; which was adopted.  The question was then put, shall the bill be engrossed and made the order-


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of the day for a 3d reading tomorrow, and determined in the affirmative.            Yeas 11, Nays 6.

The yeas and nays being desired, those who voted in the affirmative, are Messrs. Bibb, Casey, Conner, Crabb, Devereux, Metcalf, Moore, Murphy, McVay, Taggert, Wood- 11.

Those who voted in the negative, are Messrs. President, Coats, Hopkins, McCamy, Powell, Smith- 6.

Mr. Moore from the committee on enrolled bills reported as correctly enrolled.  Resolution in relation to certain objects of internal improvement within the state of Alabama; an act for the relief of Charles Pearson; An act divorcing Abraham Beadle from Letitia Beadle; an act divorcing Sarah R. Swansey from James N. Swansey; An act declaring Cotaco in Morgan county a public highway; an act to establish the Mobile Society of Literature; An act to repeal part of an act entitled an act to authorise Rebecca Fletcher to emancipate a certain slave therein named, passed Dec. 19, 1823; An act for the relief of Joseph Burleson; and An act to authorise Mary Ann Kennedy to emancipate a certain slave therein named; all of which were accordingly signed by Mr. President; and then the Senate adjourned till tomorrow morning at 10 o'clock.