Burnt records; substitution. Proviso. bly convened, That all proceedings, whether by suit or otherwise, begun and had and pending in the circuit, chancery, probate and commissioners courts in the county of Limestone, without regard to the residence of the parties thereto or interested therein. and whether they be by and between adults, infants or married women, executors, administrators, guardians, trustees or persons non compos, or next friend, in which the papers, records, and exemplifications or certified copies are either burnt or otherwise destroyed, and any record, book, docket or court paper, in or belonging to either of any of said courts, showing the parties and the sum due, with date sufficient to calculate interest in all matters of debt, shall be deemed and held a sufficient predicate for all necessary and proper process, and proceedings to enforce and consummate the same, as though all previous papers and records upon which the same was had still existed; Provided, The party against whom the same is sought to be enforced, shall have the right to resort to and call to his aid all the remedies known to law and equity to prevent fraud upon his right, correct mistakes, or other defense to which he would be entitled in law or equity. SEC. 2. Be it further enacted, That as between parties and persons as mentioned in the first section of this act, in any matter or proceeding had, begun, or pending in any of the courts mentioned in the first section of this act, when any record, book, docket or papers, of and belonging and kept in said courts, have been burnt or othWhere parts erwise destroyed, and any part or portion of said records, books, docket or papers can be found and identified as belonging to the office of either of said courts from which the parties, subject matter and condition of the same can be ascertained at the time of destruction in such court or courts, then and in such cases either or any party interested therein shall be permitted to make out from the data thus found all papers and necessary orders, decrees and entries required by law as a predicate Predicate basis, basis for the same, and be substituted, and when substi of said records are found. Proviso. Additional proviso. tuted, shall have the same force and effect as the original; Provided, The party adversely interested or to be affected thereby shall have at least twenty days notice of the application to substitute as aforesaid; And provided further, That said substitution as aforesaid shall not be allowed if the party to be affected thereby makes affidavit that the same is untrue, except as to the part admitted or not de nied, and if denied by the oath of the party as aforesaid, in whole or in part, if either party require, an issue shall be made up and tried by the court, and the records, books, dockets and papers, or any portion or part thereof, and the affidavits of the party may be taken as evidence, and weighed and considered by the court in determining whether the same shall be substituted in whole or in part as aforesaid. Execution fi. fa. SEC. S. Be it further enacted, That the execution docket docket entry. of either of the said courts mentioned in the first section of this act, containing or showing the parties, amounts and dates in matters of debt, damages and costs, reciting the facts of judgment at any term of either of said courts, shall be deemed and held a sufficient predicate for an execution from, and be taken and held as based prima. Predicate for facia upon proper and necessary process, pleadings, orders, judgments and decrees; Provided, That any party to be affected thereby shall be entitled to all the remedies at law or equity to prevent any fraud or abuse, correct any mistake, or establish any fact which at law or in chancery should be a good defense for the party against whom the same is sought to be enforced. Proviso. liberally. tion. SEC. 4. Be it further enacted, That a liberal construc-Act construed tion shall be given to this act, and the courts applying the same shall exercise an enlarged discretion when it Court's discreshall be made to appear that the same is invoked for honest ends; but if the courts discover that any party is making a fraudulent use of the provisions herein, then require strict proof and a strict compliance with all its provisions. SEC. 5. Be it further enacted, That this act apply only How appli. to the records, papers and books, cases and proceedings burnt and destroyed during the war, and not to cases, matters or things transacted in such courts mentioned in section one of this act, since the 1st of May, 1865. Approved, December 5, 1866. To provide for the holding of two terms of the Chancery Court of the county of Choctaw, in each year. SECTION 1. Be it enacted by the Senate and House of Choctaw Co. Representatives of the State of Alabama in General Assembly convened, That from and after the passage of this act, there shall be two terms of the chancery court held in terms annually. the county of Choctaw, in each year, at such times as may be provided by law. Chancery Court; two Approved, December 5, 1866. To prohibit the sale of ardent spirits, except for medical purposes, within three miles of the Male and Female Academy at Pushmataha, in Choctaw county. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General AssemSale of liquor bly convened, That it shall not be lawful for any person three miles of to sell ardent spirits, except for medical purposes, within prohibited in Pushmataha Penalty. DeKalb county. three miles of the male and female academy located at Pushmataha, in Choctaw county; and any person who shall violate the provisions of this act, on indictment and conviction, shall be fined in the sum of one hundred dollars, or sentenced to hard labor for the county not longer than six months, at the discretion of the jury trying the To authorize the Sheriff of DeKalb county to discharge. the duties of Bailiff or Constable in Lebanon Beat, No. 7, 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 hereafter, the sheriff of DeKalb county shall do and perform all the duties of bailiff or Sheriff to act constable for the Lebanon beat, No. 7, and receive the same fees for such duties as the bailiffs of said county, any law to the contary notwithstanding. as constable of Lebanon beat. Approved, December 5, 1866. To authorize J. B. Earle, Executor of Thomas J. Wright, deceased, to sell the cotton belonging to the estate of said Thomas J. Wright, at private sale. J. B. Earle, SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Asbly convened, That J. B. Earle, executor of the will of Thos. J. Wright, late of Jefferson county, deceased, be Executor and is hereby authorized to sell the cotton belonging to the estate of said Thos. J. Wright, and not grown nor produced by said Thos. J. Wright, at private sale, in Sell cotton Jefferson county, or, if he deems it best, to send said cotton to Montevallo, Selma, Mobile, and there sell it at private sale. To authorize Benj. B. and Theophilus S. Fontaine, citizens of the State of Georgia, to qualify as Executors of the estate of John Fontaine. privately. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That Benjamin B. and Theophilus S. Fontaine, who have, by the last will and testament of John Fontaine, deceased, been appointed his executors, be John Fontaine, authorized to qualify as executors of said will, in any County of the State of Alabama, and to do all acts necessary and proper to execute the said will. Approved, December 5, 1866. For the protection of Robert McIlvain as the adminstrator, with the will annexed, of Charles H. Sanford, deceased. SECTION 1. Be it enacted by the Senate and House of Executors. ministrator. Representatives of the State of Alabama in General Assembly convened, That Robert McIlvain, as the administraSanford's ad- tor, with the will annexed, of the estate of Charles H. Sandford, late of Bibb county deceased, be, and he is Compromise hereby authorized and empowered to compromise all debts, of every kind whatever, due said estate, made prior to the 16th day of June, A. D., 1866. debts. Powers. Compomises valid. Proviso. Suits discretion. SEC. 2. Be it further enacted, That in making such compromise, the said administrator is hereby vested with full power to settle any claim or claims due said estate, by receiving as a compromise any part or portion thereof in money, notes, bills, or other property, in full satisfaction of the same, at the discretion of said administrator. SEC. 3. Be it further enacted, That all compromises made in pursuance of the first and second sections of this act, shall be deemed lawful and valid to all intents and purposes; Provided, The same be made in good faith by said administrator; And provided further, That said compromise be reported to the probate court of said county, within twelve months from the making thereof. SEC. 4. Be it further enacted, That said administrator is hereby fully vested with discretionary power to bring suit or not, on any of the claims due said estate, as he may deem proper in his judgment; and said adminstra No liability tor shall not be liable for any loss that may result to said estate, by reason of not suing; Provided, He acts in good faith to said estate. for losses. Proviso. Repeal. SEC. 5. 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 5, 1866. Section 1860, To amend an Act entitled "An Act to amend Section 1860 of the Code," approved January 27, 1858. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assem bly convened, That an act, approved January 27, 1858, of Code, amen- entitled "An act to amend section 1860 of the Code," which is in the following words, to-wit: "That when any judgment is certified to the probate court, under ded. |