books suf and shall issue all necessary process returnable to said special session, which process the Sheriffs of the several counties, respectively, to whom the same may be directed, shall be bound to execute under the same limitations and restrictions, as in the case of a regular court in course. > Transcript Sec. S. And be it further enacted, That in every case of delinqu noy, from Coup where suit shall be instituted as aforesaid, a transcript from the books troller's and proceedings of the Comptroller authenticated under the seal of ficient ovi- his department, shall be admitted as evidence, and the court trying the dence.. cause shall be thereupon authorised to grant jndgment for the amount due the State, together with fifteen per centum damages, and interest Per cent of eight per centum per annum, from the day on which the same bedamages came due, and award execution accordingly. And all copies of bonds, as anthen inals. contracts, and other papers, relating to or connected with the accounts between this State and any individual, when certified by the Comptroller to be true copies of the originals on file, and authenticated unTranscript der the seal of his department as aforesaid, may be annexed to such tic as orig-transcripts, and shall have equal validity, and be entitled to the same degree of credit which would be due to the original papers if produced and authenticated in open court; Provided, that when suit is brought upon bond or other sealed instrument, and the delinquent shall plead "Non est factum," or upon motion to the courts, such plea or motion being verified' by the oath of the defendant it shall be lawful for the court to take the same into consideration; and if it shall appear to be necessary for the attainment of justice to require the production of the original bond, contract, or other paper, specified in such affidavit. Proviso. at. term. Sec. 4. And be it further enacted, That when suit shall be instituted as aforesaid against any person or persons indebted to this State as Judgment aforesaid, it shall be the duty of the court, to grant judgment at the to be given return return term on motion; unless the defendant shall in open court, the Attorney General being present, make oath or affirination, that he is equitably entitled to credits which have not been allowed him, specifying each particular credit in the affidavit, and that he cannot then come safely to trial, oath or affirmation to this effect being made, subscribed aud filed, if the court be thereupon satisfied, a continuance until the next succeeding term may be granted, but not otherwise; Provided, that in all cases where the defendant shall appear and contest the Trial by claim of the State, and demand the benefit of a trial.by jury, the court jury. shall instanter, empaunel a jury, if at a special session, of by-standers to try the issue, and give judgment accordingly. Sec. 5. And be it further enucted, That hereafter in all cases of insolvency, or when any estate in the hands of the executors, administraThe state tors or assignees, shall be insuficient to pay all the debts due from the shall have deccased to the State, the debt or debts due to the State, shall be first in case of satisfied; and any executor, administrator or assignee or other person, insolvency, who shall pay any debt due by the person or estate, from whom, or preference for which, they are acting previous to the debt or debts due to the State from such person or estate, being first duly satisfied and paid, shall become answerable in their own person and estate, for the debt or debts so due to the State, or so much thereof as may remain due and unpaid, and actions or suits at law may be commenced against them for the recovery of said debt or debts, or so much thereof as mav remain. due and unpaid. in the proper court having cognizance thereof. Provided, that if the principal in any bond which shall be hereafter given to this State, shall become insolvent, or if such principal being Sureties entitled to deceased, his or her estate and effects, which shall come to the hands of his or her executors, administrators or assignees, shall be insufficient for the payment of his or her debts, and if in either of said cases, any surety, on the said bond or bouds, or the executors, administrators, assignees of such surety, shall pay to the State the money due upon such bond or bonds, such surety, his or her executors, administrators or assignees, shall have and enjoy the like advantage, priority or profer- similarproence, 1 for the recovery and receipt of the said monies out of the estate ference. of such insolvent or deceased principal, as are reserved and secured to the State, and shall and may bring and maintain a suit or suits upon the said bond or bond, in law or equity, in his, her, or their own name or names, for the recovery of all monies paid thereon. And the cases of insolvency mentioned in this section shall be, deemed to extend to cases in which a debtor not having sufficient property to pay all his or her debts, shall have made a voluntary assignment thereof, and to cases in which the estate and effects of an absconding, concealed or absent debtor, shall have been attached by process of law. of the contents of a lost bond- Sec. 6. And be it further enacted, That if any bond, contract or other paper, relating to, or connected with any account between this State Evidence and any individual, has been or hereafter shall be, lost or mislaid, so that the same cannot be produced in court, it shall be lawful for the court to receive evidence of the fact, and of the contents of such bond, sufficient. contract or other paper, and such evidence shall be entitled to the same degree of credit, which would be due to the original papers if produced and authenticated in open court. Sec. 7. And be it further enacted, That nothing in this act shall be No reme construed to repeal, take away or impair any legal remedy or reme- dies to be dies, for the recovery of debts now due or hereafter to be due to this takenaway by this act State, in law or equity, from any person or persons whatever, or to defeat any suit or suits now pending in behalf of the State against any person or persons whatever, which remedy or remedies might be used if this act was not in force. Sec. 8. And be it further enacted, That where any person or persons shall have any claim against this State, and shall be desirous to insti- Remedy atute suit for the recovery thercof, such person or persons, may peti-inst the state, how tion the supreme court setting forth in such petition the nature of such prosecuted claim, and that he is desirous to have an investigation thereof, and the said person or persons shall at the same time give notice of such petition to the Attomey General; and it shall be the duty of said supreme court upon presentation of said petition to appoint any two of the Judges of said court to form a court for the trial of such suit and shall appoint a time as soon after the adjournment of the supreme court as may be for such trial to be had; and the clerk of the supreme court shall be the clerk of said court for the trial of said suit, and he shall issue all necessary process, which shall be served and returned by the proper officer or officers to whom the same may be directed as in other cages: and it shall be the duty of the Sheriff of Dallas county to attend faid court, and execute all orders thereof, and of the Attorney General to attend said court in behalf of the State. record tes Sec. 9. And be it further enacted, That it shall be the duty of the court, to receive and record all testimony applicable to the merits of the case, Court shall and to give judgment for or against the State as to justice shall apper-timony untain, Provided, that if the plaintiff shall demand a trial by jury, the ese trial by Court shall thereupon empannel a jury of by-standers, andit shall be jury the duty of said jury in a cases to return a special verdict, and in that case, it shall not be the duty of the court to record the testimony; but the judgment of the court shall be rendered upon such verdict. Sec. 10. And be it further enacted, That if the decision of the court Pl'ff to pay shall be for the State, judginent shall be entered against the plaintiff costs in cer for cost and execution shall issue against him accordingly. ↑ But if tain cases judgment shall be rendered against the State, it shall be the duty of the clerk to make out two complete transcripts of the proceedings certihed under his hand and seal, one of which he shall deliver to the Speaker of the House of Representatives, on or before the third day of the next succeeding session of the General Assembly, and shall deliver the other to the plaintiff in the suit; Provided, that nothing herein contained shall be go construed as to debar any person, having a claim against the State, from at any time laying the same before the General Assembly. [Approved, December 16, 1820.] An Act to amend an act passed December 234 1815, fixing a standard for measures. Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the Clerks of Clerks of the county courts of each county in this state, shall, immedico'ty co' ately after the passage of this act, procure from Huntsville, St. Stephcure stand- ens or Mobile, one set of measures, according to the standard of measards. ures provided for in the Mississippi territory: and the same shall be shall pro be advertised. the lawful measures of the state of Alabama; that is to say, one half bushel, one peck, and one half peck, dry measure, to be made of good and durable wood ;---Also, one set of liquid measures, that it is to say; One of a gallon, one of a half gallon, one quart, one pint, one half pint, and one gill, to be made of tin, pewter, or copper; which said measures shall be deposited in the clerk's office in each county, and kept by said clerks. Soc. 2. And be it further enacted, That after the above named which shall mcasures are procured, the clerk of each county court, as aforesaid, shall make known the same, by advertisement at the door of his respective court house or place of holding court. And all persons, who shall hereafter keep measures for the purpose of selling by said measCl'ks toex-ures, shall present all such measures to the clerk, who shall examine aminemea- the same, and, on finding them to agree with the measures herein directed to be procured, shall stamp or brand the same with the initials A. S. And the said clerk may claim and receive twelve and a half cents for each measure so branded or stamped. Provided, nothing in this act shall be so construed, as to operate on any measure or weight heretofore tried by said standard of weights and measures, and stamped under the laws of the Alabama Territory. sures. Sec. 3. And be it further enacted, That from and after the first day Penalty for selling by of June next, if any person within this state shall sell by any other meaany other sures than those pointed out by this act he or she shall for every such measures. offence pay the sum of ten dollars to be recovered before any Justice of the peace in the county where such offence may be committed; and the sum so recovered shall be paid over to the person suing for the same. Sec. 4. And be it further enacted, That the clerks of the several county courts are hereby made the keepers of the measures herein named; and before they or either of them enter on the duties of that office, they shall take and subscribe the following oath, to be adminis 66 · [ -------- -------- do tered by any Justice of the peace of said county: Clerk's Treasurer, Sec. 5. And be it further enacted, That all expenses that may be Expenses incurred in procuring said measures for the several counties in this to be paid state, shall be paid by the Treasurer of the county to the clerk for by the Co. procuring the same. And this act shall continue in force until altered by the state or until the United States shall pass a law fixing a standard for measures. [Approved Dec. 16, 1820.] An Act to provide for a renewal of the loan effected in the Planters and Merchants Bank of Huntsville, for and in behalf of this State. Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the Honorable Thomas Bibb, acting Governor of the state, and his successors in Governor office, be, and he is hereby authorized, and directed to arrange and to effect a effect with the Planters and Merchants Bank of Huntsville, a renewal renewal. and continuance of the loan of ten thousand dollars procured from the said Bank by his Excellency William W. Bibb, late Governor of this state, in pursuance of a joint resolution of the General Assembly at their last session. Sec. 2. Be it further enacted, by the authority aforesaid, That the said loan of ten thousand dollars, which will become due from this state to the said Bank, on the twenty fourth and twenty seventh days Tax due to of December next, shall be renewed as aforesaid in behalf of this state pay dis. for and during the year one thousand eight hundred and twenty one, count. and that so much as may be necessary of the tax due' from the said Bank of Huntsville to this state, amounting to seven hundred and forty two dollars and seventy five cents, shall be applied to the payment of the sum which will become due to the said bank on the renewal of the said loan of ten thousand dollars; and that the balance, if any, shall be applied to further renewals or to the payment of the principal of said loan. year Revenue Sec. 3. And be it further enacted by the authority aforesaid, That so much as may be of the revenue of this State, for the necessary one thousand eight hundred and twenty one, and all monies in the trea- pledged. sury, not otherwise appropriated, shall be pledged for the payment of the said renewed loan of ten thousand dollars, to the said Planters and Merchants Bank of Huntsville. [Approved November 24th, 1820.] An Act giving jurisdiction over water courses. Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the jurisdiction over all rivers not included in the bounds of any county in this state, is hereby given to the county or counties, whose jurisdiction now extends to the margin thereof. And it shall be lawful for the proper officer to execute any process to him directed, on the body or property of the defendant therein named, as well on said river as in other parts of such county or counties. All process thus executed' shall be as valid, as if executed in the body of the county. This act shall commence and be in force from and after the passage thereof. [Approved December 20, 1820.† on limits An Act to incorporate the town of Erie in the county of Greene Section 1. Be it enacted by the Senate and House of Representatives of Corpora- the State of Alabama, in General Assembly convened, That all that tract of country situate on the east bank of the Tuscaloosa River in range three east, and township twenty, including all of the town known by the name of Erie agreeably to the plan of the same as adopted by the proprietors thereof, is hereby incorporated and shall be called and known by the name of Erie. Sec. 2. And be it further enacted, That James A. Torbert, ThomCouncil. as H. Herndon, Francis T. Gaines, Durret White, Anthony D. Kinnard, Howell L. Kennon, and Hiram Shortridge be, and the same are bereby constituted's body corporate, by the name and style of the Intendant and Council of the Town of Eric, who shall hold their office until the first Monday in. January, one thousand eight hundred and Corporate twenty two: And the said corporation is hereby endowed with the same power, and privileges, and shall be subject to the same restrictions and regulations, and in all their proceedings, shall be governed in the same manner as is provided for in an act entitled an act to incorporate the town of Montgomery, in the county of Montgomery, passed at Huntsville the third day of December, Anno Domini eighteen hundred and nineteen. [Approved, December 18th, 1820.] powers. An Act to authorize Lemuel Mead to emancipate a Negro man Slave named Richmond. Section 1. BE it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That Lemuel Mead, of the County of Madison, be, and he is hereby authorized and empowered to emancipate a certain negro man slave called Richmond Richardson, so soon as the said Lemuel Mead, shall have executed to the chief Justice or Chairman of the county court of Madison and his successors in office a bond with sufficient security to be approved by the county court, conditioned that the said negro man Richmond, commonly called Richmond Richardson, 90 liberated shall not become chargable to this State, or any county or town within the same, [Approved, Dec. 4th, 1820.] An Act to authorize John N. S. Jones and âlexan. der P. Jones to emancipate certain slaves therein named. Section 1. BE it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That John N. S. Jones and Alexander P. Jones of the county of Madison, be and they are hereby authorized and empowered to manumit and set free a mulatto woman, named Elizabeth, aged forty years; a mulatto girl, named Evelina, aged thirteen years: a mulatto girl named Ann, aged six years; and a mulatto child, named Shandy, aged three years, so soon as the said John N. S. Jones, and Alexander P. Jones shall have executed to the Chief Justice of the county court of Madison county and his successors in office, a bond with sufficient security, to be approved of by the County Court; conditioned, that the said slaves, Elizabeth, Evelina, Ann and Shandy, or either of them shall never beconre chargable to tre state of Alabama or any County or Town there[Approved Dec. 11th, 1820.] in |