Term of court.

Jurors.

Shall grant order

and slaves.

resentatives of the State of Alabama in General Assembly convened, That at each term of the circuit court hereafter to be holden for the county of Dallas said court may sit until the business thereof be disposed of.

SEC. 2. And be it further enacted, That for as many weeks as each term of said court may be holden, jurors shall be drawn and summoned in the manner provided for by law. APPROVED, February 1, 1854.

To authorize the Probate Court of St. Clair County to grant an order to sell the real estate and slaves belonging to the Estate of Isaac Willingham, deceased, late of said county.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the judge of probate for the county of St. Clair to sell real estate be and he is hereby authorized, upon the application of the administrators of the estate of Isaac Willingham, deceased, upon reasonable notice being given to the creditors, heirs and distributees of said estate, to grant to said administrators an order to sell the real estate and slaves belonging to said estate, upon such terms as will be most beneficial to said heirs and distributees, said sale to be at public outcry on the premises.

trator.

SEC. 2. Be it further enacted, That upon the purchaser paying to said administrators the purchase money for said

Duty of adminis- land and slaves, it shall be the duty of said administrators to make bills of sale and deeds of conveyance to said purchasers which shall vest in said purchaser a full and complete title to the property so purchased.

SEC. 3. And be it further enacted, That the administrators aforesaid shall account to said court for the proceeds of the sale of said property in the same manner as they account for the proceeds of estates generally. APPROVED, January 23, 1854.

To amend the proceedings in the City Court of Mobile.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That it shall be the duty of the clerk of said court, Duty of clerk. with the solicitor, on the first day when the criminal docket is called, or on other days, to set all the cases for trial on particular days of the term, and the witnesses shall be summoned to attend on such days.

SEC. 2. Be it further enacted, That the cost in all criminal Payment of costs. cases where the defendants are convicted, and are insolvent, shall be payable out of the county treasury of Mobile county, the fines and forfeitures collected for the county being first liable to such payment.

SEC. 3. And be it further enacted, That the provisions of this section shall be applicable to cases tried at the October term of said court of this year.

APPROVED, February 16, 1854.

To authorize the Court of Probate of Macon County to grant Letters of Administration on the Estate of James J. Burch, deceased.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the probate court of Macon county is hereby authorized to grant letters of administration on the estate of James J. Burch, deceased, late a citizen of Montgomery county, and that the said probate court of Macon county be and the same is hereby invested with as full and complete jurisdiction over the said estate of the said James J. Burch, deceased, as if the said James J. Burch, deceased, had died a citizen of Macon county.

APPROVED, December 17, 1853.

To regulate the practice in the Circuit Courts in the counties of Washington and Baldwin.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly con- complaint and vened, That in the circuit courts for the counties of Wash- demurer. ington and Baldwin, from and after the passage of this act,

courts..

the defendant must on the first day of the term plead or demur to the complaint and the issue be made up within the two first days of the term, unless the time is extended by the court.

SEC. 2. And be it further enacted, That witnesses in criminal cases in the circuit courts for the counties of Washington and Baldwin must be summoned to attend on Tuesday of the term, and on that day of the court the State docket must be taken up, but may, in the discretion of the court, be postponed to a subsequent day of the term. APPROVED, February 15, 1854.

To change the time of holding the Circuit Courts in the
Fourth Judicial Circuit of the State of Alabama.

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

Time of holding vened, That from and after the passage of this act, the circuit courts of the fourth judicial circuit shall commence and be holden as follows: In the county of Limestone on the second Monday in March and September and may continue one week: In the county of Lawrence on the third Monday in March and September, and may continue two weeks: In the county of Franklin on the second Monday after the third Monday in March and September and may continue two weeks: In the county of Lauderdale on the fourth Monday after the third Monday in March and September and may continue two weeks: In the county of Morgan on the sixth Monday after the third Monday in March and September and may continue one week: In the county of Hancock on the seventh Monday after the third Monday in March and September and may continue one week.

SEC. 2. Be it further enacted, That all executions, writs, Return of process subpoenas and process of every kind, made returnable to any of said circuit courts at the times now provided by law, shall be and the same are hereby made returnable to said courts at the times prescribed by this act.

SEC. 3. 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 1, 1854.

To authorise the transfer of a certain cause now pending in the City Court of Mobile to the Circuit Court of said county.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the case of the State of Alabama against Jennings F. Marrast, on a charge of murder now pending in the city court of Mobile county be and the same is hereby transferred to the circuit court of said county for trial, and said circuit court shall try the same in the same manner as if said cause had originated therein.

Transfer of case.

SEC. 2. And be it further enacted, That the said clerk of the Delivery of paper said city court be and he is hereby required to deliver to the clerk of the circuit court of said county the indictment and other papers with a certified transcript of all proceedings in said city court.

APPROVED, February 2, 1854.

To consolidate the Offices of Judge of Probate and Clerk of the Circuit Court of Hancock County.

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, the judge of probate of Hancock county and his successors in office be and they are hereby made eligible to hold the offices of judge of probate and clerk of the circuit court of said county.

APPROVED, February 2, 1854.

To extend the Fall Term of the Circuit Court of Montgomery county.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the present term of the circuit court of Mont

Consolidated.

gomery county may be extended until the business is disposed of, and the judge of said court may order juries for that purpose.

SEC. 2. And be it further enacted, That hereafter the fall term of said circuit court of Montgomery county may continue in session until the business is completed.

APPROVED, November 23, 1853.

To alter the commencement of the Fall Term of the Circuit Court in the Eighth Circuit, for the purpose of allowing an additional week to the county of Pike.

SECTION 1. Be it enacted by the Senate and House of Rep Second Monday resentatives of the State of Alabama in General Assembly conof Sept. and May vened, That from and after the passage of this act the fall term of the circuit court in the eighth circuit shall commence and be held in each year as follows: In the county of Pike on the second Monday in September and May and continue two weeks.

Return of pro

cess.

SEC. 3. Be it further enacted, That in the other counties of said circuit the courts shall be held as is now provided by law.

SEC. 4. And be it further enacted, That all executions, writs, subpœnas and process of any kind made returnable to the said circuit court of Pike county at the time now provided by law, shall be and the same are hereby made returnable to said court at the time prescribed by this act. APPROVED, February 1, 1854.

To define the powers of Circuit Judges in certain cases, and for other purposes.

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, the judges of the circuit courts and the judge of the city court of Mobile county, in all civil and criminal cases, shall charge the jury trying the same in writing: Provided the charge is required to be in writing by either party, and that notice