Exempting certain persons from working on the public roads in the county of Choctaw.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That an act to compel certain persons to work on public roads in the county of Choctaw, approved December 16th, 1849, be, and the same is, hereby repealed. APPROVED, December 12, 1853.

To repeal "An Act approved 2d February, 1850, in relation to Washington county."

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the act authorising the judge and commissioners of roads and revenue of Washington county to district said county, and for other purposes, approved the 2d February, 1850, be, and the same is, hereby repealed. APPROVED, December 12, 1853.

To amend the roads laws in reference to Perry county.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That so much of the road laws now in force as requires or permits overseers or others to take timber against the will of the owner or owners thereof, and as provided for the payment thereof out of the county treasury, except for timber that may be needed for making or repairing of bridges, be and they are hereby repealed, so far as they relate to the canebrake or prairie portion of the county of Perry.

Repeal.

Repeal.

SEC. 2. And be it further enacted, That hereafter it shall be the duty of overseers of the roads in said portion of said Duty of overscers county of which they are overseers respectively, by digging or making good and smooth ditches on either side of

Election.

the same, and throwing the earth in the middle, so as to drain in said roads and an make them firm: Provided, however, That such timber as may be given without charge, for the use of the roads, may be used by the overseers in the improvement thereof.

APPROVED, February 10, 1854.

To give the election of County Treasurer of Chambers county to the people.

SECTION 1. Be it caucted by the Senate and House of Representatives of the State of Alabama in Gencral Assembly convened, That hereafter the county treasurer of Chambers shall be elected by the people, under the same forms and qualifications that other county officers are elected.

SEC. 2. And be it further enacted, That the judge of proPower of Probate bate, together with the commissioners of roads and revenues judge and county for said county, shall exercise the same power over said coun

commissioners.

ty treasurer as are now prescribed by law, and that said election shall come on the first Monday in August after the term of the present incumbent expires, and that the present treasurer shall continue to fill said office until his successor is elected and qualified.

APPROVED, February 10, 1854.

To provide for the extension of time for the assessment of the taxes in the counties of Greene and Perry, and for other purposes.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alobama in General Assembly conTime extension, vened, That the time for the assessment of the taxes in the county of Greene be, and the same is hereby extended, to the first Monday in February.

SEC. 2. Be it further enacted, That the time in which the Return extended tax assessor in said county is required to make return of the assessment books to the judge of probate be, and the. same is hereby extended, to the first Monday in February. SEC. 3. Be it further enacted, That so much of section 440

of the new code as requires a special term of the court of county commissioners to be held on the second Monday in January in each and every year, so far as it applies to the county of Greene, be, and the same is hereby repealed; and the said court must examine and correct the assessment books at the term of said court on the second Monday in February; and if, from any cause, a court is not then held, the probate judge must associate with him two householders of said county, and proceed without delay to examine and correct the assessment; such householders to be paid from the county treasury two dollars for each day's service, on the certificate of the probate judge.

SEC. 4. Be it further enacted, That the time within which the tax assessor in said county is required to deliver to the judge of probate the statement made out from the original assessment books, as provided in section 445 of the new code, be, and the same is hereby extended, to the second Monday in March, and that the time for the delivery of the same to the tax collector in said county, as provided in the same section, be, and the same is hereby extended, to the third Mondav in March.

Time extended.

SEC. 5. Be it further enacted, That the provisions of this act shall apply to the county of Perry: all laws and parts of laws contravening the provisions of this act be, and the same is hereby repealed.

SEC. 6. And be it further enacted, That the provisions of this act be, and the same are hereby, extended to the county of Talladega.

APPROVED, December 12. 1853.

[No. 258.]

AN ACT

To amend the Patrol Law in Pickens county.

SECTION 1. Be it enacted by the Senate and House of Rep- Justice to order resentatives of the State of Alabama in General Assembly con- out patrol. vened, That from and after the first day of January, 1854, justices of the peace in their respective beats in the county of Pickens shall be authorised and empowered to organise and order out patrol detachments only when in their opinion the same shall be necessary, or when requested by any citizen of said county, and no other patrol duty shall be required by law in said county.

SEC. 2. Be it

further enacted, That in the appointinent of May appoint a

patrol detachments as contemplated in the above section,

11

the justice of the peace shall, if practicable, appoint a slaveholder, or son other responsible person, to be leader of each patrol detachment.

SEC. 3. And be it further enacted, That no person over the age of fifty years shall be liable to do patrol duty. All laws contravening the provisions of this act be, and the same are hereby repealed.

APPROVED, December 12, 1853.

Sales 3d Monday

To regulate Sheriff Sales in the county of Franklin.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly con vened, That from and after the passage of this act, it shall be, and it is hereby made the duty, of the sheriff of Franklin In every month. county to make regular sales on the third Monday in each and every month, at Russelville, in said county, of all such property belonging to defendants living in said county south of that portion of said county within which sales are directed by existing laws to be made at Tuscumbia, and east of range number twelve, west, as he may have levied on by virtue of any execution, attachment or other process, and that such sales be conducted in the same manner and under the same rules, restrictions and penalties now prescribed by law as to other sheriff sales in said county.

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, December 12, 1853.

Repeal.

To amend the road law so far as it relates to Choctaw

county.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That section 1162 in the code, so far as it applies to the county of Choctaw, be, and the same is hereby repealed. SEC. 2. And be it further enacted. That the overseers of the roads in said county shall compel some portion of the hands under his control to put up mile posts and direction boards, which he shall receive in lieu of other road duty. APPROVED, February 3, 1854.

[No. 261.]

AN ACT

Relating to the Burnt Records of Butler county.

SECTION 1. Be it enacted by the Senate and House of Rep-Duty of probate

presentatives of the State of Alabama in General Assembly convened, That the judge of probate of Butler county be, and he is hereby, authorised to hear and determine at his office, at such times as he shall appoint, all applications made under the provisions of this act, to substitute copies of the original entries of judgments, decrees and orders in his office, and also copies of all deeds, wills and testaments, mortgages and other instruments, which have been recorded in his office or left for record, and all other matters of record and other papers, heretofore existing in his office, and which have been destroyed by fire: Provided, That the several parties in interest in any such application shall be cited to appear before such judge, by notice to be served on each of them, at least ten days before the hearing thereof, which citation must state in substance the nature of the application; and where minors are interested, guardians ad litem shall be appointed for them, on whom the notice shall be served, and the person making the application shall state on oath who are the parties in interest, and which of them, if any, are minors.

judge.

SEC. 2. Be it further enacted, That on the day appointed for the hearing of said application, if no good cause is shown for a continuance, said judge shall proceed to hear and de- Hearing of appli termine said application; and upon proof of the existence cations. heretofore of such record, judgment, order, deeree or written instrument, and of its destruction; and upon proof, by written affidavit, to be filed therewith, of a copy in substance of the same, which is not successfully controverted by the opposite party, the same shall be admitted to record in lieu of the original, as of the time, as near as can be ascertained from the proof, of the original entry or record, or time when the same was left for record: Provided, That either party shall be competent to testify in such proceedings: And provided further, That the judge of probate shall be a competent witness in any case, but when it becomes