of probate.

Giving the courts of probate jurisdiction to compel the administrator or executor of a deceased executor, administrator or guardian, to settle the accounts of his testator or intestate, as the case may be.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly con

Powers of courts vened, That the courts of probate of this State shall have power in all cases, wherein letters of administration shall have been granted in any county in this State, on any intestates' estate to any person or persons, or where letters testamentary or of guardianship shall have been granted to any person or persons, such person or persons shall have died without having previously settled his, her, or their administration, executorship or guardianship as the case may be, with the orphans or probate court of the county granting the same, to compel the executor or executors, administrator or administrators, of such deceased executor, administrator or guardian, to make settlement of the administration, executorships or guardianships of his, her or their intestate or testator, as fully and completely as his, her or their testator or intestate might or could have done while living.

SEC. 2. Be it further caucted, That the probate court of that county in which were granted such letters testamentary, of administration, or of guardianship, to such deceased executors, administrators or guardians, shall have jurisdiction to compel the executor or executors, administrator or administrators, of any such deceased executor, administrator, or guardian, to make settlement as provided for in the first section of this act, although such executor or executors, administrator or administrators, may have received their appointment, as such, from the orphans or probate court of another and different county in this State.

SEC. 3. And be it further enacted, That the executor or ecutor or admin- administrator subjected by this act, to account, shall be, and is hereby made liable to account, either with the distributees, legatees, creditors or administrator de bonis non, or executors with the will annexed, of his testator or intestate: Provided, such executor, administrator or guardian shall only be liable for the assets that may come into his hands. APPROVED, February 7, 1854.

[Ν. 12.]

25

AN ACT

To continue a Commissioner and Trustee to close the affairs

of the Banks, and for other purposes.

and trustee.

SECTION 1. Be it enacted by the Senate and House of Rep Appointment of resentatives of the State of Alabama in General Assembly con- commissioner vened, That the resignation of F. S. Lyon, comissioner and trustee to settle the affairs of the State bank and branches, be and the same is hereby accepted.

SEC. 2. Be it further enacted, That the office of commissioner and trustee to settle the remaining business of the State bank and branches, provided for and continued in force for two years under and by an act of 3d February, 1852, "To continue the office of commissioner and trustee to settle the affairs of the State bank and branches," be and the sane is hereby further revived and continued in force for the term of two years from and after the passage of this act.

SEC. 3. Be it further enacted, That John Whiting, of Montgomery, be and he is hereby appointed commissioner and trustee to settle the remaining affairs of the State bank and branches, and that all the remaining debts, assets, property, estates and effects of the said bank of the State of Alabama and its several branches, of every kind and description, be and the same are hereby vested in the said John Whiting, as trustee as aforesaid, and his successors in office, with the same powers and authority to settle, collect, compromise and compound said debts, and sell and convey the property of the banks as was confided by law to his predecessor in the said office of trustee, and the said trustee hereby appointed shall receive for his services an annual salary of $2500.

SEC. 4. Be it further enacted, That the act of February 3d, 1852, entitled "An act to continue the office of commissioner and trustee to settle the affairs of the State bank and branches, and for other purposes," and all former acts or parts of acts thereby continued in force, are hereby revived and continued in force, for the period of two years and until the end of the next session of the General Assembly, except so far as altered or changed by this act, and the powers in and by said laws conferred upon F. S. Lyon, as commissioner and trustee, shall or may be exercised by the said John Whiting as trustee.

SEC. 5. Be it further enacted, That the said John Whiting Bond of trustee. shall, before entering upon his duties as trustee, give bond with two or more sureties to be approved by the governor, in the penalty of one hundred thousand dollars, conditioned for the faithful discharge of his duties as such trustee.

Powers and duties of trustee.

Property exempt from levy and sale.

Wages exempt

SEC. 6. Be it further enacted, That the said trustee be and he is hereby authorized to appoint an agent or assistant, at each of said banks to aid in winding up the affairs thereof; and for the services of each of said assistants may allow an annual salary or compensation not exceeding at each the amount heretofore fixed by law, except at the branch bank at Huntsville, where the compensation shall not exceed $200,00 per annum: Provided the trustee shall have power in the employment of assistants to agree upon the compensation within the limits fixed by law, to correspond with the services to be performed, and each of said assistants shall give bond with sureties as heretofore required.

SEC. 7. And be it further enacted, That in addition to the funds placed by him subject to the control of said trustee the interest which may accrue upon any bonds or securities held by the State is subject to his control to be used in payment of interest or principal of the public debt. APPROVED, December 20, 1854.

To exempt from sale under any legal process all necessary wearing apparel for the use of each family in this State.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That hereafter all necessary and proper wearing apparel of each and every member of each family in this State, be exempt from sale under legal process: Provided the amount so exempt shall not exceed in value fifty dollars for each member of the family.

SEC. 2. Be it further enacted, That thirty pounds of wool or wool rolls, one hundred pounds of ginned cotton, or four hundred pounds of seed cotton, all cloth on hand at any one time not made or kept for sale, be and the same are hereby exempted.

SEC. 3. Be it further enated, That there be also exempt, one thousand pounds of oats in the sheaf, and twenty-five bushels of sweet potatoes.

SEC. 4. Be it further enacted, That where any head of a from legal process family has not of property now exempt by law from execution more than five hundred dollars in value, then and in that case the salary or wages of said head of the family to the amount of fifteen dollars per month shall not be subject to any legal process.

SEC. 5. And be it further enacted, That to ascertain the To ascertain the value of the property so exempt and possessed by the head value of property of a family, three disinterested persons shall be summoned by the sheriff or other officer for that purpose, who shall be sworn to make the valuation fairly; and also all poultry on the place.

To authorize the transfer and burning of certain bank notes of the State Bank and Branches.

Redemption of

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the commissioner and trustee of the State bank mutilated notes. and branches is hereby required to pay over to the State treasurer, in lieu of mutilated bank notes of the State bank and branches, now on hand in the State treasury and unfit for circulation, an equal amount of bank notes of the State bank and branches that are fit for circulation, which mutilated notes shall be transferred by the State treasurer to the said commissioner and trustee.

SEC. 2. And be it further enacted, That the commissioner Destroying muti. and trustee of the State bank and branches together with the governor, secretary of State, comptroller of public accounts, and State treasurer, shall at some convenient time as early as practicable, after having the same properly registered in suitable books, to be deposited in the comptroller's office for safe keeping, burn such notes or bills of the State bank and branches as are so mutilated or defaced as to be unfit for further circulation; and the said officers hereinbefore mentioned, or a majority of them, including the governor, commissioner and trustee, shall be present at any burning that takes place as herein provided; and those present shall sign and certify to register of notes burned. APPROVED, February 16, 1854.

To authorize the renewal of notes for the purchase of sixteenth section lands.

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

Renewal of notes resentatives of the State of Alabama in General Assembly con

for sixteenth sec

tions.

vened, That whenever any person who may be indebted by note for the purchase of sixteenth section lands in any township in this State, shall desire to extend the time of the payment of the principal of such note, and shall make application to that effect, to the trustees of the township in which said lands may lie, such trustees, on the payment of all interest that may be due on such note, at the time of such application, by such person, may by taking a new note from such person, with two or more good and sufficient securities, for the payment of the principal and the interest at eight per cent per annum that may subsequently accrue thereon, extend the time of payment as follows; notes now due or which may become due on or before the first day of March, 1855, until the first day of January, 1856.

Duty of trustees.

Notes in suit.

SEC. 2. Be it further enacted, That whenever any note shall be renewed under the first section of this act, it shall be the duty of the trustees allowing such renewal to forward to the comptroller of public accounts within twenty days thereafter, a statement giving a description of the note so renewed.

SEC. 3. Be it further enacted, That trustees of townships, and judges of probate in the several counties, shall perform all the duties, in reference to notes renewed under this act, and be subject to the same penalties and liabilities for the non-performance of their respective duties in relation thereto, as are prescribed in sections 541 and 542 of the Code of Alabama.

SEC. 4. Be it further enacted, That whenever any note sought to be extended under the provisions of this act, is in suit at the time application is made for its extension, it shall not be extended unless the applicant therefor, shall, in addition to the other requirements of this act, fully pay off, and discharge all costs incident to a dismissal of such suit.

SEC. 5. 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, February 16, 1854.

For changing the venue in issues pending in the Probate
Courts.

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