[No. 70.]

By deposition.

AN ACT

To provide for the payment of certain fees to Notaries Public for notices of Protest.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That from and after the passage of this act, for each notice of protest given by any notary public or other person authorised by law to give such notice, such person shall receive the sum of twenty-five cents. APPROVED, February 1, 1854.

To increase the salaries of certain officers therein named.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the chancellors of this State shall each receive an annual salary of two thousand dollars.

SEC. 2. And be it further enacted, That the judges of the circuit courts of this State shall each receive an annual salary of two thousand dollars.

APPROVED, February 8, 1854.

In relation to the Officers of the Penitentiary.

SECTION 1. Be it enacted by the Senate and House of Repsentatives of the State of Alabama in General Assembly convened, That all officers of the Penitentiary shall hereafter be exempt from military duty.

SEC. 2. And be it further enacted, That hereafter when it shall become necessary to use the evidence of any officer of the penitentiary in civil suits, his testimony shall be taken by deposition as in cases now provided by law for the taking of depositions of other persons.

APPROVED, February 14, 1854.

To amend sections 3047, 1186, 3046, 3043 of the Code of
Alabama in their application to the county of Madison.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convoned, That the 27th clause of section 3047, be so amended To amend code. as to read two hundred dollars; and that section 1186 be so amended as to read one hundred dollars; and that the 39th clause of section 3046 be amended so as to read two hundred dollars; and that the 43d clause of section 3043 be so amended as to read two hundred dollars, so far as they apply to the county of Madison. APPROVED, February 8, 1854.

To repeal section 1163 of the New Code, and to authorise the levying of a Road Tax in Baldwin county.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That section 1163 of the new code, so far as it applies to Baldwin county, be, and the same is hereby repealed.

Overseer con

SEC. 2. Be it further enacted, That the overseer of roads in the county of Baldwin, shall contract for timber, plank tract for timber. and other material necessary to build and keep in repair the bridges and causeways in their respective precincts, and shall make return of the same, together with a list of hands liable to work the roads, to the county court of commissioners of said county; and it shall be the duty of said commissioners at their first meeting thereafter, to levy a tax on all male slaves liable to road duty in each road precinct, when such work is required to be done, sufficient to pay the charges and expenses above mentioned, and shall place in the hands of the overseer or overseers the assessment so made, whose duty it shall be to proceed to collect the same from the master, overseer or person having them in charge. 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, February 17, 1854.

To repeal code.

[No. 75.]

AN ACT

To repeal section 58 of the Code of Alabama.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That section 58 of the code of Alabama be, and the same is hereby repealed, and that the secretary of state shall be allowed the fees prescribed by law before the code went into operation.

APPROVED, February 17, 1854.

To repeal so much of the Code of Alabama as prohibits the circulation of Bank Bills of other States of less denomination than five dollars.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That section three thousand two hundred and seventy-one of the code of Alabama be, and the same is hereby repealed.

*This bill was vetoed by the governor, but passed by the constitutional majority.

To amend section 917 of the Code of Alabama relative to
Pilotage.

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

To amend code, vened, That so much of section 917 of the code of Alabama as limits pilotage fees to three dollars and a half per foot on all vessels drawing over fourteen feet water, be, and the same is hereby repealed, and in lieu thereof, the pilotage on such vessels shall be four dollars and a half per foot on each foot over fourteen.

APPROVED, February 11, 1854.

To amend the 4th division of section 1738 of the Code of

Alabama.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That section seventeen hundred and thirty-eight of To amend code. the code of Alabama, be amended by adding the following to the 4th division of said section, viz: Also, one gun, one man's and one woman's saddle, three cows and calves, twenty head of sheep, thirty pounds of wool, twenty head of hogs, one thousand pounds of fodder, one work horse, or mule, or pair of oxen, one horse or ox cart, or wagon, two plows and plow gear, and two hoes.

SEC. 2. And be it further enacted, That the property enumerated in the aforesaid amendment to the 4th division of said section 1738, shall be retained, used and employed by the families of testators and intestates, in the same manner and under the same conditions that the other property mentioned in said section is directed to be retained, used and employed by such families.

APPROVED, February 7, 1854.

To amend section 2029 of the Code of Alabama.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly conrened, That section 2029 of the code of Alabama be so amended by inserting the words bonds, notes, or bills of exchange at interest on mortgage security, or between the words "reinvestment in," and "other property," where they occur in the third and fourth lines of said section.

APPROVED, February 11, 1854.

[No. 80.]

AN ACT

To amend section 397 of the Code.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the eighth division of section three hundred and ninety-seven be, and the same is hereby so amended as to make it apply and have reference alone to cities, towns, villages and watering places that have been or may hereafter be incorporated by law, or where the number of inhabitants of said cities, towns, villages or watering places shall exceed one hundred: Provided, The provisions of this act shall not apply to watering places or watering resorts.

APPROVED, February 9, 1854.

Continuance of causes.

witnesses.

To regulate the Practice in Justices' Courts in the County of De Kalb.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That where a cause is set for trial before courts of justices of the peace in the county of De Kalb on any particular day or on any regular court day, and the justice or justices fail to attend, said cause or causes stand continued as a matter of course, until the next regular term of said court.

SEC. 2. Be it further enacted, That witnesses, garnishees Attendance of or jurors summoned in any such cause or in any cause in a justices court, shall, on being summoned once to attend, continue to attend without being re-summoned and shall severally be entitled to pay for every day they may attend in such cause until dismissal.

trial.

SEC. 3. And be it further enacted, That it shall not be lawLhall not force ful for one party in any cause before à justice in said county to force a trial when the other party is absent if, in the discretion of the justice, there is good cause for continuance, and any creditable person may upon oath make showing of such cause, any law, usage or custom to the contrary notwithstanding.

APPROVED, February 14, 1854.