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Proviso.

real estate of said decedent, either at public or private sale, and shall have authority to execute a deed therefor, conveying all the title of which the decedent died seized; Provided, That said executor shall make report of sale in the manner now required by law, to the probate court of Choctaw county.

Approved, December 3, 1866.

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To grant right of way to the Stone Street Railroad in
Mobile county.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General AssemStone St. R. R. bly convened, That the Stone Street Railroad use the public road from the limits of the city of Mobile, along and on Stone Street, or eight mile creek road to the eight mile creek, in the county of Mobile.

Right of way.

Approved, Dec. 3, 1866.

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To authorize T. H. Lake, guardian, to make certain investments for the benefit of the minor heirs of James Lake, deceased.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That T. H. Lake, guardian of James C. Lako. guard Lake, Joseph H. Lake, Lizzie Prior Lake, William R. Lake and Marie Lake, minor heirs of James Lake, de

lan.

ceased, be and he is hereby authorized to purchase on behalf of said minors, certain real estate located in the May buy real State of Georgia, and constituting a part of the assets of said deceased.

estate in Ga.

Approved, December 3, 1866.

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To repeal an act entitled "An Act to regulate the mode Perry County. of selecting grand and petit jurors for the county of Perry.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the act entitled "an act to regulate the mode of selecting grand and petit jurors for the Jurors. county of Perry," and approved March 3d, 1848, be and the same is hereby repealed.

Approved, December 3, 1866.

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To amend an act entitled "An act to prevent the destruction of fish in the Tennessee River."

Acts '61.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the proviso in section 2nd of an act Tenn River. entitled "an act to prevent the destruction of fish in the Fishing in Tennessee river," approved 6th February, 1861, which clause is in words and figures as follows, viz: "Provided, Law. That nothing herein contained shall be so construed as to prevent the citizens of Lauderdale county from the exercise of all the privileges they now enjoy in taking fish on the Lauderdale side of the Tennessee river, or any of the tributaries of said river, flowing through said county of Amended. Lauderdale," be and the same is hereby amended as follows; 1st. strike out the words "Laderdale county," and insert the words " any county bordering on said Tennessee river." 2nd. Strike out the words "on the Lauderdale side of the" and insert "from said." 3rd. Strike out the words "county of Lauderdale," and insert in lieu thereof "counties," so that said proviso shall read as follows, viz: Provided, That nothing herein contained shall Privileges exbe so construed as to prevent the citizens of any county bordering on said Tennessee river from the exercise of all the privileges they now enjoy, in taking fish from said Tennessee river, or from any of the tributaries of said river flowing through said counties.

Approved, December 3, 1866.

tended.

Dallas Co.

run at large.

In certain limits.

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In relation to the protection of Crops, within certain limits in Dallas county.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That it shall not be lawful for any stock of Stock not to any description whatever, to run at large at any time between the fifteenth day of February, and the twentyfifth day of December in any year, in a district of land in the county of Dallas, embraced within the following lines, to-wit: Beginning at Craig's ferry on the Cahaba river, and running in an easterly direction on the main routes of travel to Dunklin's bridge on the Mulberry creek, thence down said creek to the Alabama river, thence down said river to its junction with the Cahaba river, thence up the Cahaba river to the starting point. SEC. 2. Be it further enacted, That the owner or manager of any stock, suffered to run at large in violation of the provisions of the first section of this act, shall be damage done to liable, and held responsible for any damage done by said stock, to any crop or crops on any land within the lines described in the first section of this act.

Penalty for

crops.

tried.

SEC. 3. Be it further enacted, That all cases arising under the provisions of this act shall be tried, and the Cases, how amount of damage ascertained by trial by any justice of the peace, in any beat embraced in said lines, or before any court of the county having jurisdiction of the same, in the same manner, and under such rules as other causes of a like character are tried.

SEC. 4. Be it further enacted, That this act shall create Lien on stock. a lien upon all stock found trespassing, as provided in this act, and said lien shall have priority to all other liens until the damages ascertained, as provided in this act, shall be satisfied.

ble to Selma, un

SEC. 5. Be it further enacted, That the provisions of Not applica this act shall not apply to, or be enforced within the less so ordered. corporate limits of the city of Selma, unless the mayor and counsel of said city shall, by ordinance, declare them applicable thereto.

Approved, December 3, 1866.

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To regulate Admiralty proceedings in the Circuit and Mobile Co.
City Courts of Mobile County.

WHEREAS, The Legislature of this State conferred jn-
risdiction upon both the circuit and city courts of Mobile Preamble,
county, to enforce liens upon vessels, steamboats and
other licensed water-craft as provided for in section 2692
of the Code; and whereas, it sometimes happens that
proceedings are instituted in each of said courts against
the same vessel, steamboat, or other watercraft, where-
by results a conflict of jurisdiction, and a confusion of
claims of equal validity as liens, therefore,

Proceedings in

courts vs. same

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That in all cases where proceedings shall circuit and city have been instituted in both of said courts against the vessel. same vessel, steamboat, or other water-craft, it shall be lawful for each of said courts to adjudicate the claims brought before it, and render such decrees as may be proper in the premises, and a lien is hereby created on

risdiction ex

all steamboats or other water-crafts, and the admiralty Admiralty ju jurisdiction of the courts shall extend to all debts con- tended. tracted in the furnishing, repairing, or running of steamboats and other water-crafts, to be enforced as is now provided by law.

libeled in both

SEC. 2. Be it further enacted, That when any vessel, steamboat, or other water-craft is severally libeled in water-craft both courts, and is under an order of sale by the prior courts and prior action of one of said courts, it shall be the duty of the order sale in one. clerk of the other court to certify the claimants and the amount of their claims for which decrees have been or may be rendered in his court, to the court decreeing such, sale; and it shall be the duty of the court to which such claims or decrees are thus certified, to recognize the same as if originally within its jurisdiction, and allow such certified claimants to participate equally in the proceeds of such sales, or in case of insufficiency of said proceeds to satisfy all the decrees against the condemned vessel, steamboat, or other water-craft, to receive a pro rata share on a distribution of the fund arising from such sale. Approved, December 3, 1866.

$25,000.

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To authorize the Court of County Commissioners of Marengo county to borrow twenty-five thousand dollars.

SECTION 1. Be it enacted by the Senate and House of !!! Representatives of the State of Alabama tn General AssemMarengo Co. bly convened, That the court of county commissioners of Commission. Marengo county be, and are hereby authorized and emers to borrow powered to borrow, upon such terms as they may deem proper, a sum of money not exceeding twenty-five thousand dollars, for the purpose of paying the indebtedness of said county, and to make such orders and guarantees as will secure the re-payment of the same, with the interest thereon, at such time as may be agreed upon. Approved, December 3, 1866.

Object.

City of Selma.

Street R. R.

City powers.

Proviso.

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To authorize the construction of Street Railroads in the city of Selma.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That Randall D. Berry, his heirs and assigns be, and are hereby authorized upon obtaining the consent of the corporate authorities of the city of Selma, to construct one or more railway tracks along Water, Broad, Alabama, Dallas and Church streets, in the city of Selma, and on such other streets of said city as may be agreed upon, and to run cars thereon, propelled by horse or steam power, for the transportation of passengers and freight.

SEC. 2. Be it further enacted, That the corporate authorities of the city of Selma, shall have the power to direct the manner in which such railways shall be built, by what power the cars shall be run, and generally to control and regulate the running of said cars, so as to cause the least inconvenience to vehicles and foot passengers in said city; to regulate the rates of charges for freight and passengers, and to require a license for, or levy a tax, upon the cars run on said railroad; Provided, That the license for, or tax on each car, shall not be more

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