complete drawing and plan of the state Seminary, and report the same to the next legislature.

Sec. 13. And be it further enacted, That this act shall be in force from and after its passage.

Approved February 6th, 1841.

CHAPTER 15.

AN ACT to exempt from sale, under execution, certain property therein mentioned.

cres of land.

SECTION 1. Be it enacted by the Legislature of the State of Mississippi, That every Debtors to free white citizen of this state, male or fe-hold 160 male, being the head of a family, shall be entitled to own, hold and possess, free and exempt from sale by virtue of any judgment, order or decree of any court of law or equity in this state founded on any contract made after the passage of this act, or any process emanating upon the same, one hundred and sixty acres of land, Provided the same or any part thereof shall not be the site of any city, town, or village.

Sec. 2. Be it further enacted, That when any head of a family shall own a greater quantity of land than one quarter section, Dwellingthe one hundred and sixty acres exempt from House exsale shall be so reserved as to include the sale, dwelling-house and improvements of the owner, if there be any thereon; and in case

such head of a family shall be the owner of more than one hundred and sixty acres of land in several tracts, he or she shall designate in writing to the sheriff or other officer in whose hands the process directing a sale Tract desig may be, which tract or tracts he or she wishes to reserve from sale, and it shall not be lawful for such sheriff or other officer to sell the tract so designated.

Sec. 3. Be it further enacted, That every head of a family who shall reside in any city, town, or village in this state, shall be entitled to own, hold and possess, free from

sale as aforesaid, lands within such city, Town prop town, or village of the value of fifteen hunfrom sale. dred dollars, exclusive of the buildings and improvements thereon, which value shall be ascertained by the cash valuation of three discreet disinterested freeholders of the county under oath, to be summoned for that purpose by the sheriff or other officer.

Sec. 4. Be it further enacted, That in case any head of a family residing in any city, town, or village shall own but one lot or parcel of land therein, and the whole lot exclusive of the buildings shall be of a greater value than fifteen hundred dollars, to be ascertained as aforesaid, it shall be the Town prop duty of the sheriff or other officer to sell the

erty to be divided when of

portion thereof above the value of fifteen greater val. hundred dollars, if the same can be conve

we than $1500.

niently divided, or so much of said portion as will be sufficient to satisfy the process of sale in his hands, and in case the same cannot be divided, the owner thereof may pay to the sheriff or other officer, the surplus of valuation above fifteen hundred dollars to

wards the satisfaction of the judgment, order or decree, and the sale of the same shall not be made; and in the event of the inability of the owner to make payment of such surplus, the sheriff or other officer shall sell his or her interest in said lot above the sum of fifteen hundred dollars, and the purchaser shall become tenant in common with him or her, to the extent of such surplus according to the valuation made, as herein before directed, and shall receive from the sheriff a deed to that effect.

cel designa

Sec. 5. Be it further enacted, That when any head of a family shall own more than one lot or parcel of land in any city, village or town, which together shall be of greater value than fifteen hundred dollars, Lot or par. exclusive of improvements, he or she shall ed. designate to the sheriff or other officer, as is provided in section second, which lot or parcel he or she desires to reserve, and it shall not be lawful for such sheriff or other officer to sell the lot or parcel so designated; Provided, the same shall not exceed in value, exclusive of improvements, the sum of fifteen hundred dollars.

Sec. 6. And be it further enacted, That this act shall not take effect and be in force until the first day of July, eighteen hundred and forty-one.

Approved, January 22d, 1841.

Laws requiring pro

CHAPTER 16.

AN ACT to prevent unnecessary charges against debtors.

SECTION 1. Be it enacted by the Legislature of the State of Mississippi, That all laws and parts of laws requiring sheriffs or other perty to be officers to advertise in any public gazette or in newspa- other newspaper, the sale of any property and taken or surrendered in virtue of any writ sice of sale of execution, attachment, or tax olaim, be,

advertised

led, no

to be posted.

and the same are hereby repealed, and in lieu thereof such officers shall give notice of such sales, in cases of sales of real estate, thirty days, and of personal property, ten days, by posting up such notice in at least five public places in the county, one of which shall be the court-house door.

Sec. 2. Be it further enacted, That any Penalty for person pulling down or destroying any such down ad- advertisement, so posted up, shall be deemed vertisement guilty of a misdemeanor, and upon convic

tearing

tion thereof, in the circuit or criminal court of the county, shall be fined in any sum in the discretion of the court not exceeding double the value of the property described in such notice, so pulled down or destroyed.

Sec. 3. Be it further enacted, That the Publication provisions of this act shall not extend to, or in newspa- prohibit the publication of any such sale in made at the any newspaper when the defendant may rereuerend quest such publication, and when so pubant, lished, the same shall be taxed in the bill of cost: And Provided further, that such request is made at the time of the levying of the execution.

Sec. 4. And be it further enacted, That this act shall be in force from and after the passage thereof.

Approved, January 25th, 1841.

CHAPTER 17.

AN ACT to tax Brokers, and for other purposes.

Brokers to procure li

SECTION 1. Be it enacted by the Legisla-cense. ture of the State of Mississippi, That each and every broker or factor, dealing in gold or silver, or in the notes of the banks of this state, of any other state, or of the United States, or in drafts or bills of exchange drawn for the payment of money, by buying and selling the same, shall be bound, on the first Monday of May, in each and every year, to apply to the clerk of the Probate court of the county in which he shall reside, or may chance to be, for a license to follow such business for the term of twelve months thereafter, which license the clerk shall be bound to issue upon such applicant's paying to him five hundred dollars at the time of obtaining said license, and the said clerks respectively, shall pay to the treasurer of the state of Mississippi, the monies so received by them in the same manner that other public monies Penalty. are now directed to be paid by law.

Sec. 2. Be it further enacted, That if any person shall, contrary to the true intent and