To retrench the expenses of the State Government in certain cases, as therein specified.

Section 1. Be it enacted by the Senate and House of Represen tatives of the State of Alabama, in General Assembly convened, That hereafter, it shall not be lawful 'for any money to be paid out of the State Treasury, or Contingent Fund. for servant hire, contracted for by the Governor, Secretary of State, Comptroller of Public Accounts or State Treasurer, any law or usage to the contrary, notwithstanding.

Approved Feb. 25, 1848.

dence order of

sale shall be

To authorize the sale of personal property belonging to estates,

for cash.

Section 1., Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened,

Upon what evi That from and after the passage of this act, the Judges of the Orphan's Courts, may grant an order to sell the personal property of any testator or intestate, for cash; but such order shall only be granted on proof by the applicant, that a sale for cash is necessary to promote the interest of the estate. Approved, March 2d, 1848.

granted.

Deposition of persons employed

on steamboats anay be taken.

Proviso.

Proviso,

[No. 66.]

AN ACT

To provide for taking depositions in certain cases.

Section 1. Be it enacted by the Senate and House of Represen tatives of the State of Alabama, in General Assembly convened, That in all cases now pending, or that may be hereafter com. menced, in any Court in this State, whenever affidavit shall be made, that the testimony of any person is material on the trial of any case; and that such person is employed on a Steamboat, or other water craft, navigating the waters of this State, it shall and may be lawful for the person requiring such testimony, to take the deposition of all persons so employed, in the same manner now provided by law for taking the deposition of witnesses in other cases: Provided, however, that this act shall not be construed to prevent any person from taking forfeitures against, or compelling the attendance of, all persons so employed, in all cases where their deposition shall not bave been taken: And provided further, that this act shall not apply to cases of collision

between steamboats or other water craft, or to cases of injuries done to property on board of steam boats or other water craft.

any

one

Sec. 2. And be it further enacted, That hereafter it shall and Compensation of may be lawful for any person who may be examined as a witness witnessess may before Commissioner, to demand and receive the sum of be demanded. dollar and fifty cents from the person at whose instance he or she may have been called upon to testify, for each and every day such examination may continue; which amount shall be taxed in the bill of costs, to be paid by the person cast in the suit, Approved January 5, 1848.

To change the time of holding the winter term of the
Supreme Court.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That an act entitled "an act to change the time of holding the winter term of the Supreme Court,' approved 4th February, 1846, be, and the same is hereby repealed.

Approved, March 3, 1848.

To regulate the manner of ascertaining a quorum of the Trustees of the University of Alabama, and for other purposes.

What absentees

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That hereafter, in ascertaining a quorum of the Board of Trustees of the University of not to be taken Alabama, the Judges of the Supreme Court, who are ab- into the account, sent shall not be taken into account.

Sec. 2. And be it further enacted, That the Treasurer

University may

of the Trustees of the University of Alabama be, and is Treasurer of the authorized to make a general deposit of any funds of said deposit tunds in institution, that may come to his hands as such treasurer, State Bank. from time to time, in the Bank of the State of Alabama, at Tuscaloosa, during the time said Bank may be in operation or liquidation, and to check the same out, as occasion jay require, any law to the contrary notwithstanding. Approved, March 3, 1848.

vorce.

Amendatory of the laws on the subject of Divorce.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That when a cause of divorce exists in Where suits may favor of any married woman, against her husband, it shall be instituted by a be competent for her to prosecute a suit on the same, in woman for dithe Chancery District of his residence, or freehold; or in case he has no such residence and freehold, then in the district of the residence and freehold of her next friend: Provided, that,no suit shall be brought under this act, unless the husband or the wife has been a resident of this State for three years before the filing of the bill: And provided further, that in case either party has been a resident of this State for the period aforesaid, it shall be sufficient to vest the Court with jurisdiction, any law or statute to the contrary notwithstanding.

Proviso.

Residence of 3 years required.

Approved, Feb. 25, 1848.

Gov. shall here

To provide for the appointment of Inspectors and a Physician of the Penitentiary.

Section 1. Be it enacted by the Senate and House of afrer appoint In Representatives of the State of Alabama, in General Assembly convened, That the Inspectors of the Penitentiary shall hereafter be appointed by the Governor.

spectors.

How Physician shall be appointed

Sec. 2. Be it further enacted, That the Physician of the Penitentiary shall be appointed by the Lessee, with, the advice and consent of the Inspectors, and the Inspectors shall have power to remove any Physician, at all times, for incompetency, or neglect of his duties as such Physician; and when any vacancy occurs in the office of Physician, which is not filled by the Lessee, as herein provided, within three days after the happening of such vacancy, the Inspectors shall, on the fourth day, proceed to fill such va

cancy.

Sec. 3. Be it further enacted, That all laws and parts of laws contravening the provisions of this act, are hereby repealed.

Approved, Feb. 3, 1848.

To prevent Commission Merchants and Brokers, from converting, to their own use, funds legally belonging to oth

ers.

Section 1. Be it enacted by the Senate and House of Represen

tatives of the State of Alabama, in General Assembly convened, Penalty for em That if any merchandize or commodity shall be entrusted bezzling money. to any banker, commission merchant, factor, broker, attorney, or agent, with authority to sell the same, and he shall, contrary to good faith, embezzle, or in any manner convert to his own use, such merchandize or commodity, or the proceeds of the same, or any part thereof, except such fees or commissions as may be due to him for his services in selling such merchandize or commodity, every such offender, on conviction. shall be punished by imprisonment in the penitentiary, not less than two, nor more than twenty

years.

Sec. 2. And be it further enacted, That all laws and parts of laws, contravening the provisions of this act be, and the same are hereby repealed.

Approved, Feb. 25, 1848.

To repeal in part, and alter and amend an act therein

named.

Sec. 1. Be it enacted by the Senate and House of Represen

tatives of the State of Alabama in General Assembly convened. Repeals 1st sec. That the first section of an act entitled "An act to regulate of act of 1845. admiralty proceedings agains Steam Boats and other wa

ter crafts, navigating the inland waters of the State di Alabama," approved January 27th, 1845, be, and the same is hereby, repealed.

ted.'

Sec. 2. And be it further enacted, That hereafter, all Proceedings in proceedings in admiralty in this State, shall be regulated by admiralty regulathe rules and practice prevailing in the admiralty courts of the United States: Provided, however, that a trial by jury Proviso. shall be allowed, upon the demand of either party..

steam.

Sec. 3. And be it further enacted, That all liens Limitation of upon steam boats, for furnishing materials, labor or stores, liens on shall cease to exist, unless the same are enforced within boats. six months after such materials, labor or stores shall have leen furnished.

Liens denied to

Sec. 4. And be it further enacted, That no Captain or Capt. & 1st clerk first Clerk of any steam boat, plying the navigable waters

of boats.

of this State, shall have any lien upon such steam boat for wages.

Approved, Feb. 3, 1848.

of Q. M. Gen.

To prevent further loss, and provide for the preservation, of the public arms.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in Ceneral Assembly convened, That it shall be the duty of the Qrter Master General of Duty and powers this State, and he is hereby required, to take the most ef fectual means consistent with the interests of the State, to ascertain the condition and situation of the public arms. and equipments, which have been distributed through the State; and, for that purpose, shall examine all bonds for arms filed in the State Department or amongst the public archives; and shall be authorized, by himself or any person appointed for that purpose, to ake possession of, and cause to be deposited in some plat for safe keeping, any portion of the public arms which y be found in a wasting or neglected condition, or for which there is not a good and sufficient bond.

collection of the public arms.

Sec. 2. And be it further entered, That the Quarter legally organized vol. ossession of any arms possession under the is act, and such rules

May authorize the Master General may authorize any unteer company to collect an I take which it would be his duty to take provisions of the first section of and regulations as the Quarter Maer General may prescribe: Provided, in all cases. Such companies shall be required to give a good and sutrient oond.

Discretionary

powers in keeping public arms.

Brig. Gen. required to make report upon the quantity & state

of arms within his command.

Sec. 3. And be it further chae d, That the Quarter Master General may, with the app val of the Governor, cause any arms, or other military eipments, which may be found collected, or taken possession of, under the provisions of this act, to be deposited in some designated place for safe keeping, or taken to the ar. al at Tuskaloosa, as may seem most conducive to the pi ic interest.

Sec. 4. And be it further enact duty of the Brigadier General, or duties of such, in each brigade in th scriptive statement of all or any pu ments which may be found in

That it shall be the fficer performing the State, to cause a dee arms and accoutreregiment within ha