Wednesday, December 7, 1825.

The Senate met pursuant to adjournment.

Mr. Jackson of A. presented the petition of sundry inhabitants of Autauga and Bibb county, praying that a small part of Bibb may be added to Autauga, which was read and referred to the committee on county boundaries.

Mr. Vanhoose presented the petition of the clerk of the county court of Walker county, praying the passage of a law providing for the payment of printers for publishing notices of estrays, &c. which was referred to the committee on propositions and grievances.

Mr. Bagby presented the account of James D. Godbold, late sheriff of Monroe county, against the state, which was referred to the committee on accounts and claims.

Mr. Powell from the committee on enrolled bills, reported as correctly enrolled, an act for the relief of the principal pilots of Mobile bay, which was accordingly signed by Mr. President.

An engrossed bill to be entitled an act to repeal an act passed Dec. 31, 1823, appropriating the monies arising from fines and forfeitures in Madison county, to green Academy, was read the third 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.

An engrossed bill to be entitled an act to repeal an act entitled an act to regulate proceedings in chancery suits, was read the third time and passed- yeas 17- nays 3.

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

Mr. President

Brown

Clay

Gaines

McCamy

Powell

Abercrombie

Crabb

Irwin

Merriwether

Skinner

Ash

Bagby

Crawford

Jackson of A.

Miller

Vanhoose- 17.

Those who voted in the negative, are

Mr. Casey

Jones

Sullivan- 3.

So the bill was passed.  Ordered that the title be as aforesaid, and that it be sent to the House of Representatives for concurrence.

An engrossed bill to be entitled an act the better to secure money in the hands of clerks, sheriffs and coroners was read the third time:

Mr. Crawford offered the following amendment by way of rider- Sec.- And be it further enacted, that whenever the office of sheriff, in any county, shall be vacant, it shall be lawful for the coroner of the said county to perform all the duties imposed by law upon the sheriff of the several counties, under all the penalties and liabilities created by law for a violation or neglect of duty by the several sheriffs; which was read three several times and adopted.  The question was then put shall this 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 memorial to the Congress of the U. States, praying further relief to the purchasers of public lands, was read the third time

G


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amended on the motion of Mr. Jackson of Lau. and passed.  Ordered, that the same be sent to the House of Representatives for concurrence.

A message from the House of Representatives by Mr. Tunstall, their clerk: Mr. President, the House of Representatives have adopted the following resolution, in which they desire your concurrence: Resolved, that, with the concurrence of the Senate, the General Assembly will proceed to the election of a solicitor for the 6th judicial circuit of this state, on Thursday next at the hour of 3 o'clock, P.M.  Mr. Irwin moved to amend the resolution by adding the words and also a judge of the county court of Dale county, which was carried.  Mr. Vanhoose moved to add the words and judges of the county courts of Fayette and Marion counties, which was also carried.  Mr. Bagby moved that the resolution and amendments lie on the table.  Mr. Brown moved to amend the resolution by striking out the words solicitor of the sixth judicial circuit of this state, which was lost.  The question was then put on Mr. Bagby's motion to lay the resolution and amendments on the table, and determined in the negative- Yeas 10, nays 11.

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

Mr. President

Bagby

Clay

Jackson of L.

Powell

Abercrombie

Brown

Crawford

Merriwether

Sullivan- 10.

Those who voted in the negative, are

Messrs. Ash

Gaines

Jackson of A.

McCamy

Skinner

Casey, Crabb

Irwin

Jones

Miller

Vanhoose- 11

Ordered, that the Secretary concur in the resolution as amended, and that the Sec'ry inform the House of Representatives thereof.

A bill to be entitled an act to authorize the sale of the 16th sections in this state, was read the 2d time and referred to the committee on schools and colleges and school and college lands, to consider and report thereon.

A bill to be entitled an act to repeal in part an act entitled an act for the punishment of crimes and misdemeanors, was read the second time and ordered to lie on the table.

A bill to be entitled an act declaring Big Loss creek a public highway; and an act to provide a speedy remedy against the obligors in injunction bonds, were severally read the second time and ordered to be engrossed for a third reading tomorrow.

A bill to be entitled an act to alter the times of holding the county courts in Morgan co, was read the 2d time & ordered to lie on the table.

A bill to be entitled an act for improving the navigation of the port and harbour of Mobile, was read a second time and ordered to be read the third time to-morrow.

A bill to be entitled an act to prohibit the further granting licenses for gaming, was read the second time.  Mr. Bagby offered the following amendment to the bill: Sec.- And be it further enacted, that if any person shall be convicted of betting at any gaming table within the meaning of this act, such persons shall be fined in a sum not exceeding ------ dollars, to be assessed by the jury trying such offender.  Mr. Crawford moved to amend the amendment by striking out the word exceeding, and inserting the words not more than --  dollars nor less than --  dollars; which was agreed to.  Mr. Clay moved to amend the amendment by inserting after the word that, in the first line of the section the words from and after the passage of this act, so as to make the section read thus; that from and after the passage of this act if any


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person shall be convicted of betting, &c. which was adopted.  The amendment as amended was then adopted.  Mr. Jackson of L. moved that the bill, together with the amendment, be referred to the judiciary committee for consideration, which was carried- Yeas 11, nays 10.

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

Mr. President

Bagby Brown

Gaines

Merriwether

Powell

Abercrombie

Crabb

Jackson of L.

Miller

Vanhoose- 11.

Those who voted in the negative, are

Messrs. Ash

Clay

Irwin

Jones

Skinner

Casey

Crawford

Jackson of A.

McCamy

Sullivan- 10.

So the bill was referred to the committee on the judiciary.

Mr. McCamy obtained leave to introduce a bill to be entitled an act explanatory of an act entitled an act to provide for the election of justices of the peace and constables, passed Dec. 31, 1822, which was read.  Ordered, that the bill be read the 2d time to-morrow.

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