Page images
PDF
EPUB
[blocks in formation]

or matter in hand. The clerk and sheriff shall receive the same fees for attendance, and for other services as are allowed by law to the circuit clerk and to sheriffs for like duties in the circuit and chancery courts. The county prosecuting attorney shall be the prosecuting attorney of the county court and he shall prosecute all cases therein wherein he is now required by law to prosecute, and he shall assist the district attorney in the prosecution of all cases appealed from the county court to the circuit court, in which it is now the duty of the county attorney or district attorney, now under the law to appear, and prosecute.

County court to have official court stenographer.

There shall be an official court stenographer of said court to be appointed by the county judge for the purpose of doing the necessary stenographic work of the said court, the said work to be done under the direction of the county judge. The official stenographer of said court shall receive a salary of one hundred dollars per month to be paid by the county out of its general fund. In addition thereto, for the transcript of the record of appeals, he shall be paid the same fees as are now paid stenographers of the circuit or chancery courts for similar work. In all cases filed in the county court a stenographer's fee shall be charged as an item of cost, as follows: a fee of $1.00 shall be charged in all cases which, if there were no county court, would have been filed in the justice court. A fee of $2.00 shall be charged in all cases appealed to the county court and a fee of $3.00 shall be charged in all cases which, if there were no county court, would be filed in the circuit or chancery court. All of said stenographers fees above mentioned are to be paid into the general fund of the county.

How list of jurors procured—compensation of jurors and witnesses.

Sec. 8. For each week of the term of the county court twenty names shall be drawn from the jury box of the county in a manner provided by law for the drawing of jurors in circuit court, provided there is a demand for a jury as herein provided and said jurors shall be summoned as now provided by law, to attend at the time and place required. The jury in the county court shall consist of twelve men, any nine of whom may, except in a criminal case, agree upon and return a verdict. Either party to a suit in the county court may demand a jury but the demand shall be made by the plaintiff if made by him, with the filing of the declaration, and if made by the defendant, on the filing of his plea, or answer. But the court may in its discretion allow a jury trial for any cause arising after such event. Jury cases shall first be tried and when such cases are disposed of, the jury shall be discharged; provided, that on the first day of the term the jury may be discharged until a future day and be required them to re-assemble after all cases, other than jury cases, have been disposed of.

224

GENERAL LAWS OF THE

The compensation of jurors and witness in the county court shall be the same as of jurors and witness in the circuit court, and all laws respecting jurors and witness in the circuit court shall apply to the county court except as herein otherwise provided. In all cases tried by a jury peremptory challenges shall be the same as if in the circuit court.

Powers of county judge.

Sec. 9. The county judge shall have power to issue writs of and to try matters of habeas corpus on application therefor, but he shall not have original power to issue writs of injunction or remedial writs other than of habeas corpus, but when any judge authorized to issue such writs of injunction or remedial writs shall so direct in writing the hearing of applications therefor may be by him referred to or be returnable before the county judge, in which event the said direction of the superior judge shall vest in the said county judge all authority to take such action therein as the said superior judge could have taken under the right and the law, had the said application and the said hearing been at all times before the said superior judge; subject, however, to the review on appeal to the circuit court, or to the judge thereof as hereinabove provided as other cases of appeal from the county court.

Misdemeanor cases may be transferred by circuit court to county court.

Sec. 10. In misdemeanor cases wherein indictments have been returned by the grand jury the circuit court may transfer all or any part of the same, in its discretion, to the county court for trial, and the said county court shall have jurisdiction of and shall proceed to try all charges of misdemeanor which may be preferred by the district attorney or by the county prosecuting attorney on affidavit. Such prosecutions by affidavit being hereby authorized under the same procedure as if indictments had been returned in the circuit court and same had been transferred to the county court. Unconstitutionality of one part not to affect other parts.

Sec. 11. If any clause, paragraph, or part of this act shall for any reason be adjudged by any court of competent jurisdiction to be unconstitutional such judgment shall not affect, impair, or invalidate the remainder of this act but shall be confined in its operation to the clause, sentence, paragraph or part thereof. directly in the controversy in which such judgment shall have been rendered.

Sec. 12. That all laws and parts of laws in conflict herewith be and the same are hereby repealed.

Sec. 13. That this act take effect and be in force from and after its passage.

Approved February 25, 1926.

[blocks in formation]

AN ACT to amend chapter 111 of the laws of 1918 so as to change the time of holding chancery court in Lauderdale county.

Fixing time of terms of court in the second chancery court district.

SECTION 1. Be it enacted by the Legislature of the State of Mississippi, That chapter 111 of the laws of 1918, be, and the same is hereby amended so as to read as follows:

In the county of Lauderdale, on the second Monday of May and November, 24 days, and on the third Monday in January and July, 6 days.

In the county of Newton, on the second Monday of June and December, 12 days.

In the county of Scott, third Monday of March and September, 6 days.

In the county of Rankin, fourth Monday of March and September, 12 days.

In the county of Jasper, first district, on the second Monday of January and July, 6 days.

In the county of Jasper, second district, on the fourth Monday of January and July, 6 days.

In the county of Jones, first district, on the first Monday of January and June, 6 days.

In the county of Jones, second district, on the fourth Monday of April and October, 12 days.

In the county of Clarke, on the third Monday of April and October, 6 days.

Sec. 2. That this act take effect and be in force from and after its passage.

Approved March 10, 1926.

CHAPTER 133

HOUSE BILL No. 788.

AN ACT to change the time of holding chancery courts in Jefferson and Franklin counties.

Fixing time of terms of court in the fourth chancery court district.

SECTION 1. Be it enacted by the Legislature of the State of Mississippi, That chapter 259 of the laws of 1916, amending chapter 260 of laws of 1914, be amended so as to read as follows:

"Section 500. For the fourth district:

226

GENERAL LAWS OF THE

In the county of Amite, first Monday of January and July, twelve days.

In the county of Adams, third Monday of January and July, twenty-four days.

In the county of Franklin, third Monday of February, and fourth Monday of September, twelve days.

In the county of Jefferson, second Monday of March, and third Monday of October, twelve days.

In the county of Pike, third Monday of April and first Monday of December, eighteen days.

In the county of Claiborne, second Monday of May and first Monday of November, twelve days.

In the county of Wilkinson, the first Monday of April and the first Monday of September, twelve days.

In the county of Walthall, the fourth Monday of May and third Monday of November, six days.

Sec. 2. That this act take effect and be in force from and after its passage.

Approved March 10, 1926.

CHAPTER 134

SENATE BILL No. 167.

AN ACT to amend chapter 113 of the laws of 1918 with respect to the chancery court terms in and for the first district of Hinds county.

Fixing time of terms of court in the fifth chancery court district.

SECTION 1. Be it enacted by the Legislature of the State of Mississippi, That chapter 113, laws of 1918, be and the same is amended so as to read as follows:

Terms of court for the fifth district:

In the county of Hinds, first district, on the second Monday of January, eighteen days; on the fourth Monday of May, eighteen days; on the last Monday in August, eighteen days.

In the county of Hinds, second district, on the first Monday of May and second Monday of November, six days.

In the county of Yazoo, on the fourth Monday of June, twelve days; and the second Monday of December, eighteen days.

In the county of Copiah, on the fourth Monday of March and of September, eighteen days.

In the county of Lincoln, on the third Monday of April, twelve days, and the third Monday of October, eighteen days.

[blocks in formation]

In the county of Madison, on the second Monday of May, twelve days, and the third Monday of November, eighteen days.

Sec. 2. That this act take effect and be in force from and after

its passage.

Approved March 2, 1926.

CHAPTER 135

SENATE BILL No. 358.

AN ACT to amend chapter 149, laws of 1922, relative to a change in terms of the chancery court of the first district of Carroll county, Mississippi, of the sixth chancery court district.

Fixing time of terms of court in the sixth chancery court district.

SECTION 1. Be it enacted by the Legislature of the State of Mississippi, That chapter 149 of the laws of 1922 be amended so as to read as follows:

Changing terms of chancery court in first district of Carroll county. HemIngway's code, supplement, section 255.

Section 502 for the sixth district.

In the county of Attala, second Monday of December and fourth Monday in June, six days.

In the county of Carroll, first district, 2nd Monday of January and 3rd Monday of June, six days.

In the county of Carroll, second district, third Monday of January and second Monday of July, six days.

In the county of Holmes, third Monday of May and November, twelve days.

In the county of Choctaw, third Monday of March and September, six days.

In the county of Winston, fourth Monday of March and September, six days.

In the county of Lowndes, second Monday of April and October, twelve days.

In the county of Noxubee, fourth Monday of April and October, twelve days.

In the county of Leake, second Monday of March and September, six days.

In the county of Neshoba, second Monday of May and first Monday of November, six days.

In the county of Kemper, third Monday of July and December, six days.

Sec. 2. That this act take effect and be in force from and after its passage.

Approved March 15, 1926.

« PreviousContinue »