meaning of this act, buy or sell, barter or exchange any gold or silver, or any bank notes of this state, or of any other state, or of the United States, or any drafts or bills of exchange drawn for the payment of money, as a broker or factor, without a broker's license first had and obtained, he shall be held and deemed guilty of a misdemeanor, and may for every such offence be prosecuted by indictment or presentment, and on conviction shall be fined in the sum of ten thousand dollars, and be imprisoned for a period of not less than three, nor more than six months, at the disPeace to is cretion of the court.

Justice of

sue warrant

Sec. 3. Be it further enacted, That it shall be the duty of each and every justice of the peace, when any violation of this act shall be made known to him, forthwith to issue his warrant for the apprehension of the person charged with such violation, and bind him upon a proper and satisfactory shewing, to appear at the next term of the circuit or criminal Prosecutor court, as the case may be, to answer for such offence.

not to be named.

Sec. 4. Be it further enacted, That it shall not be necessary that the name of the Indictment prosecutor be marked on the indictment or ushed for presentment for any of the foregoing offences,

not to be

want of form.

Duty of grand jury.

nor shall any indictment or presentment be quashed or abated for want of form, but this act shall be in all cases construed and enforced as a remedial act.

Sec. 5. Be it further enacted, That the grand jury shall make diligent inquiry concerning violations of this act, and it shall be their duty when they have reason to suspect or believe that a violation of this act has taken place, to have a subpœna issued for such person or persons, as they may believe can give information upon the subject, and such witness when summoned, shall give evidence of every offence against the provisions of this act, that may have come under his knowledge, without Free of dis any special inquiry being directed thereto.

Sec. 6. Be it further enacted, 'That for every conviction under this act, the district attorney shall be entitled to a tax fee of one hundred dollars, to be taxed in the bill of costs.

trict

ney.

Court to

Sec. 7. And be it further enacted, That it charge the shall be the duty of the court to give this act in grand jury. charge to the grand jury, and direct the clerk, upon application of the grand jury, to issue subpœnas for any person or persons within the county, to give in evidence before the grand jury, which subpœna the sheriff shall execute, or have executed by a deputy or deputies, and in case any witness so summoned shall fail or refuse to appear and give evidence, such wit- sheriff to ness shall suffer a penalty of two hundred dol-witnesses. lars for each offence, to be collected by execution, unless upon a scire facias such witness shall be able to give a sufficient excuse for such non-appearance, or such refusal to appear and testify.

Approved, January 20th, 1841.

summon

Writ of er

CHAPTER 18.

AN ACT to secure the right of appellants and plaintiffs in error, and for other purposes.

SECTION 1. Be it enacted by the Legislature of the State of Mississippi, That hereafter no writ of error shall be dismissed by the High Court of Errors and Appeals of this state, at the term to which the same is re

turned into said court, for want of citation, ror not to be or service, or for improper service thereof, for want of upon the defendant or defendants in error;

dismissed

service.

but in case no such citation shall appear from the record or papers filed therewith to have been issued, or having been issued not to have been served, or to have been improperly served, the said High Court of Errors and Appeals shall, upon motion of the plaintiff or plaintiffs in error, or his or their attorney of record, order a citation to be issued by the clerk of said court, directed to the sheriff of the proper county, returnable to the next term of the said court; and shall continue the cause to such next term: provided, that if, in the opinion of the Court, the plaintiff or plaintiffs in error have not used due diligence to have the defendant or defendants in error duly cited to the first term, it may discharge the supercedeas.

Sec. 2. Be it further enacted, That hereNot to be after no writ of error shall be dismissed for fond of want of assignment of error; but it shall be assignment the duty of the Court, in all cases, to examine the record and determine the cause ac

cording to law, whether the error, if any, be assigned or not.

Sec. 3. And be it further enacted, That this act shall take effect, and be in force, from and after its passage.

Approved, February 6th, 1841.

CHAPTER 19.

AN ACT to quiet land titles to the rightful owners of land in the State of Mississippi.

SECTION 1. Be it enacted by the Legislature of the State of Mississippi, That in all cases in which any person or persons, not the rightful owner or owners of any real estate situated within the state of Mississippi, shall real estate have a deed or other evidence of title, which in Chane may form a cloud or in any way cast a sha-ry, to redow of doubt or suspicion on the title or doubts claim of the real owner or owners of such about title real estate, such real owner or owners may file his, or her, or their bill in the Superior Court of Chancery in the state of Mississippi, to have such deed or other evidence of title cancelled, and such cloud removed from said title, and the real owner or owners confirmed in his, her or their title thereto, whether the real owner or owners be in possession of such real estate or not, or whether the real owner or owners be threatened to be disturbed in his, her or their right or pos

ving equita

file a bill in

session or not, by the person holding such deed or other evidence of title.

Sec. 2. Be it further enacted, That any person or persons having the equitable title Persons ha to any lands in the state of Mississippi, may ble title, to file a bill in Chancery to divest the legal Chancery. title out of such person or persons as the same may be vested in, whether such person or persons holding the legal title be citizens or residents of the state of Mississippi or not, and whether the person or persons having such equitable title be threatened to be disturbed in his, her or their possessions, or title, or not.

Sec. 3. And be it further enacted, That this act shall be in force from and after its passage.

Approved February 5, 1841.

Depreciated

CHAPTER 20.

AN ACT to authorize the county police of the several counties in the state, to expose to public sale, all the depreciated bank paper in their respective county treasuries, and for other purposes.

SECTION I. Be it enacted by the Legislature of the State of Mississippi, That the boards of police in and for the several coun

ties in this state, be, and they are hereby paper to be authorized to expose to public sale all the exposed to depreciated bank paper now in their respective county treasuries, to the highest bidder