About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

An Act to extend the jurisdiction of the Probate Courts. 1853 7 (1853)

handle is hein.slavery/ssactsal0445 and id is 1 raw text is: with good and sufficient security, to be approved of by the
said trustees and the judge of the probate court for the
payment of the amount due, which may be extended four
years as above provided, and containing provisions for the
payment of the interest thereon on each first Monday in
March as aforesaid.
SEC. 3. And be itfurther enacted, That the notes so to be
taken shall be a lion on said sixteenth sections for the pur- Note, to be a Len
chase money of which they were given, and they shall have
the fcrce and effect of a mortgage with a power of sale, and
are hereby exempted from the operation of the laws of
registration; and said trustees may at any time. if interest
due is not paid on such notes, or they shall consider it
necessary to secure the payment of the principal when due
from ultimate danger of loss, proceed to sell such land at
public sale at auction, having first given sixty days' notice
of the time and place of sale by advertisement posted at
three or more public places in said township, and shall, out
of the proceeds of said sale, pay the amount of principal
and interest and the expenses of said sale, and if there
should be a surplus after paying them, shall pay over such
surplus to the maker of said note or other person who may
be entitled to receive the same.
AFIROVED, February 18, 1854.
[No. 5.]               AN ACT
To extend the jurisdiction of the Probate Courts.
SECTION 1. Be it enacted by the &nate and House of JRp-
resentatives of the &ate of Alabama in General Assembly con-
vened, That from and after the passage of this act, whenover sale of elavel be.
it is made to appear to the satisfaction of the court that any lonsinstominera
slaves arc owned jointly by minors, and that the same
cannot be equitably divided without a sale thereof, it may
be lawful for the guardian or guardians of such minors to
petition the probate court for an order to sell a portion or
all of said slaves for the purpose of a division.
SEc. 2. Be it further enacted, That upon the filing of said Fiingofrpetion,
petition the court must appoint a day for the hearing, not
less than thirty days from the filing of the petition, and
appoint a guardian ad litem for said minors to represent
them on the hearing of the petition.
SEc. 3. And be it further enacted, That upon the hearing
of the petition, if the court is satisfied from the proof that

1868-44.

7

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most