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When held.

Of process.

Repeals.

tatives of the State of Alabama, in Gederal Assembly convened, That, hereafter, the County court in the County of Tuscaloosa, shall commence on the first Monday of February and the second Monday of August, in each and every year, and continue in session as now provided by law.

Sec. 2. And be it further enacted, That all writs, precepts and process, of whatever kind or nature, now issued, or that may hereafter be issued, returnable to the next term of said court, as now provided by law, be, and the same are hereby, made returnable to the term of said court, to commence on the second Monday in August next, which shall be the first term of said court held under the provisions of this act, and that thereafter, the terms of said. Court shall be commenced and held, as provided in the first section of this act.

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it further enacted, That all laws or parts of laws contravening the provisions of this act, be, and the same are hereby repealed.

Approved, Feb. 8, 1848.

Justices courts abolished in Autauga county.

Proviso.

[No. 293.]

AN ACT

In relation to Justices Courts in Autauga county.

Section 1. Be it enacted by the Senate and House of Represen tatives of the State of Alabama, in General Assembly convened, That an act, entitled, "an act fixing the time of holding Justices Courts in the counties of Coosa and Autauga, and for other purposes," approved, the 9th of December, 1841, be, and the same is hereby, repealed, so far as the same relates to the county of Antauga: Provided, that the provisions of this act shall not extend to the Wetumpka beat. Approved, March 3, 1848.

Transfered from Madison to Ma. rengo county.

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To transfer the administration of the estate of James Manning deceased, to Marengo county.

Section 1. Be it enacted by the Senate and House of Represen. tatives of the State of Alabama, in General Assembly convened, That the administration of the estate which was of James Manning sen'r, late of Maaison county deceased, be transferred from the Orphan's court of said Madison county, to the Orohan's court

of Marengo county, (in which county the said estate is chiefly situated,) as hereinafter provided.

Sec. 2. Be it further enacted, That the clerk of the Orphan's Duty of clerk of court of the said county of Madison be, and he is hereby required the orphan's c'rt to complete the record of the proceedings and papers heretofore of Madison c'ty had in said court in relation to the administration of said estate, in making record. so as to have and keep in said court a complete record of the last will and testament of the said James Manning, deceased, of the grant of letters testamentary thereon, of the bonds for the due execution of the said last will and testament, of the inventories, accounts, and settlements of said executors or either of them; and of all the orders, proceedings and decrees of said court in respect to the execution of the said will and of the administration of the said estate, up to the time when the papers, &c. shall be delivered over and transferred as hereinafter provided, into the jurisdiction of the said Orphan's court of Marengo county.

Sec. 3. Be it further enacted, That the clerk of the Orphan's Shall make tranCourt aforesaid of Madison county, be, and he is hereby required script. carefully to make out a transcript of the record aforesaid, of said will, and of all the proceedings had in said court in relation there." to, and to the administration of said estate, and of all bonds, inventories and accounts filed by the executors of said will or either of them, so as to show fully and truly and in consecutive order, all the proceedings had in said court in relation to said estate, and the entire administration thereof, as the same appears by the records thereof in said court; and the said transcript so made out, the clerk of said court shall duly certify under his hand and the enclose to clerk Shall certify and seal of said court, if there be one, and if not under his private seal, of orphan's court and carefully enclose together with the original will, the bonds of Marengo c'ty. for the due execution thereof, the vouchers and other papers relating thereto in an envelope which shall be sealed up by said clerk and addressed to the clerk of the orphan's court of Marengo county; and the clerk of the orphan's court of Madison county, upon the application therefor of any one of the legatees of the said James Manning or of an agent of such legatee, shall administer to him an oath faithfully to deliver the package so made up, sealed, and addressed, without having been opened or in any manner altered, to the said clerk of the orphan's court, of Marengo county, or to the Judge of said court, and shall then deliver said package o the legates or agent to be carried to said clerk or judge.

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Sec. 4. Be it further enacted, That upon the delivery of said Upon delivery of papers, duty of package to the said clerk or judge of the orphan's court of Maren- clerk of orphan's go county, an entry of such delivery shall be made upon the min. court of Mareng › utes and record of said court, and the transcript aforesaid shall become and be a record of said orphan's court of Marengo county, and the will, bonds, and other papers aforesaid, shall be filed in said court and pertain to the same, and to the administration of said estate, in the same manner as they before pertained thereto in the orphan's court of Madison county; and the said court of Marengo county. shall have full and entire jurisdiction of said estate, and may enforce or otherwise act upon, according to law, the

county.

decrees or other proceedings therein, had or made in the or phan's court of Madison county as fully and completely as if all such decrees and proceedings were originally had in said orphans court of Marengo county; and said court shall proceed in the administration and settlement of said estate as if the same had been from the beginning under its jurisdiction.

Sec. 5. Be it further enacted, That the orphan's court of Duty of Orphans Madison county, shall make upon its minutes and record, an entry court of Madison of the transfer of the jurisdiction according to this act, of said es tate, to the orphans' court of Marengo county, which shall be certified as a part of the transcript aforesaid; and that the clerk of the orphans' court of Marengo county shall send a certified copy of the entry upon the minutes of said court, of the delivery or receipt of said transcript, &c. to the clerk of the orphan's' court o Madison county, and said court shall cause a copy thereof to be made upon its minutes and record.

clerk.

Sec. 6. Be it further enacted, That the clerk of the orphans' Compensation to court of Madison county shall receive for the services herein required of him, the fees prescribed by law for such services, to be paid out of said estate; and shall be liable to a penalty of five hundred dollars for refusing or failing upon the demand of such lega. tee to perform the duties required of him to be recovered by such legatee in an action of debt.

Penalty for fail ing to do duty,

Transfer not made

until sureties as sent.

Sec. 7. Be it further enacted. That the transfer provided for in this act, shall not be made, until the sureties on the last bond given by the executors of said will, shall file their written assent thereto, in the orphans' court of Madison county, declaring therein that they will claim no exoneration of liability on account of such transfer.

Approved, Feb. 29, 1848.

Time extended.

Duty of Bank.

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To amend and explain an act entitled "an act to authorize James
L. Childress, to redeem a certain tract of land, approved 5th
February 1846.”

Section 1. Be it enacted by the Senate and House of Represen tatives of the State of Alabama, in General Assembly convened, That the said James L. Childress shall have until the first day of July next, to redeem the lands described in the first section of said act: Frovided, he perform the other conditions required in said section.

Sec. 2. And be it further enacted, That in ascertaining the amount due, the Park shall charge all costs and interest to said Childress, and allow him credit for the rents received by said Bank, during the time the said lands have been leased by said Bark, deducting therefrom all amounts paid for repairs, acgether with all other expenses, as well as the full amount of all taxes that would

had the title thereto not have

have been required on the same, been in the State Bank.

Approved, February 26, 1848.

[No. 296.]

AN ACT

Authorizing Mary Williams to invest the monies of her ward in slaves:

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

That Mary Williams, of the county of Greene, be, and she is May invest mohereby authorized to invest the money belonging to her daughter ney in slaves. and ward, Sarah W. Williams, in such slayes as she shall, at her discretion consider most to the interest of her ward; the said slaves, when purchased, to be the property of, and belonging to, the said Sarah W. Williams: Provided, that the said Mary Williams shall subsequently to the passage of this act, enter into a new bond as guardian, in manner and form as now required by law, with sufficient security, to be approved by the Judge of the orphans' court of Greene county.

Approved, March 2, 1848.

Proviso.

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To authorize the Judge of the orphans' court of Montgomery county to permit Thomas J. Zimmerman. executor of the estate of B. G. Hagerty deceased, to purchase real estate.

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

That it shall, and may be lawful for the Judge of the orphans' May purchase court of Montgomery county, upon the petition of Thomas J. Zim- real estate and merman, executor of the estate of B. G. Hagerty, deceased, of build houses. said county,to purchase such an amount of real estate, as may be necessary for the successful prosecution of the farming interest est of said estate; and also to build such dwelling houses and out houses as the family of said Hagerty may need for their comfort and Convenience: Provided, that the Judge of said orphan's court shall be fully satisfied, on the proofs furnished to him, that it would be to the interest of said estate, that such purchase should be mande, and that said buildings should be erected, for the comfort and protec- ' tion of said family.

Approved, Feb. 29, 1848.1

Proviso.

May purchase female slave.

Slave how to be held.

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To authorize Micajah N. Ely, Executor, and Martha Ely, Executrix, of the last will and testament of Michael Ely, deceased, to invest a certain sum of money in the manner, and for the purpose expressed.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That Micajah N. Ely, executor, and Martha Ely, executrix, of the last will and testament of Michael Ely, late of Macon county, deceased, be and they are hereby authorized to invest in the purchase of a female slave, the sum of five hundred dollars which was bequeathed by the said testator to them in trust for the use of Mrs. Martha Terry, wife of William C. Terry, of Russell county, and her children.

Sec. 2, Be it further enacted, That the female slave so to be purchased as aforesaid, and her increase, shall be held and considered by the said Micajah N. 'and Martha Ely, in trust for the sole and separate use of the said Martha Terry, and her children, now living, or hereafter born, free from all executions or future debts, liabilities or contracts of the said William C. Terry, Approved, March 6, 1848.

May sell negto

Repeals.

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To authorize Frederick P. Hall, to sell a certain slave, the property of his ward.

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Section 1. Be it enacted by the Senate and House of Representatives ofthe State of Alabama, in General Assembly convened, That Frederick P. Hall, guardian of Julia Ann B. udson, be hereby authorized to sell at public or private sale, or otherwise dispose of a certain negro man slave, named Nat, the property of the said Julia Ann B. Hudson, so as to invest the value of said negro man in other negro property for the use and benefit of the said Julia Ann B. Hudson.

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

Approved, Feb. 11, 1848.

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For the relief of A. D. Hunt, Administrator of Ellen Jackson,

deceased,

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

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