receipt warrant to David Shelton for the amount of five thousand three hundred and five dollars, upon his receiving that amount from said David Shelton, in the notes of the Mississippi Union Bank, allowing him six per centum damages on all bills of said bank endorsed, as presented.

Sec. 2. Be it further enacted, That said receipt warrant so issued as aforesaid, shall be in full discharge of said David Shelton's receipt, dated fourth March, one thousand eight hundred and thirty-seven, to the auditor of public accounts, for the collection of two notes therein specified, drawn by John Alston and others.

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

Approved, February 4th, 1841.

CHAPTER 52.

AN ACT to change the time of holding the Police Court in the county of Marshall.

SECTION 1. Be it enacted by the Legislature of the State of Mississippi, That hereafter there shall be but four terms of the police courts held in the county of Marshall, in each and every year, which shall be on the second Monday in January, April, July and October, and that all laws conflicting with this act be, and the same are hereby repealed.

Sec. 2. And be it further enacted, That this act shall take effect, and be in force from and after its passage.

Approved February 4th, 1841.

CHAPTER 53.

AN ACT to declare Loosescoona river a navigable

stream.

SECTION 1. Be it enacted by the Legislature of the State of Mississippi, That Loosescoona river be, and the same is hereby declared a navigable stream up to the line between one and two west of the basis meridian of the late Chickasaw cession.

Sec. 2. And be it further enacted, That this act shall take effect from and after its passage.

Approved, February 4th, 1841.

Sheriff to hold election.

CHAPTER 54.

AN ACT to prescribe the mode of permanently locating the seat of Justice of Monroe county.

SECTION 1. Be it enacted by the Legislature of the State of Mississippi, That it shall be the duty of the sheriff of Monroe county, to hold an election at the several election precincts in said county, on Saturday the 27th day of February next, for the purpose of enabling the qualified voters of said county, to choose by ballot, the most suitable and convenient place for the permanent location of the seat of justice of said county. It shall be the duty of such sheriff, to give public notice of such election, by posting up advertisements thereof, at, at least, two public places in each police district in the county, ten days before such election.

Sec. 2. Be it further enacted, That no person shall be allowed to vote at said election, except such as are qualified to vote for members of the state legislature; and in case any person shall illegally vote at such election, such illegal voter, so intentionally voting, shall pay a fine of two hundred dollars.

Sec. 3. Be it further enacted, That it shall be the duty of the sheriff, to appoint managers of, and clerks to the said election, at the several election precincts, who shall be governed by the election laws of this state; such managers and clerks shall take an oath faithfully to discharge their respective duties to the best of their skill and ability.

Sec. 4. Be it further enacted, That each

name the

his ticket.

voter shall have and use written or printed Voter to tickets, with the name of the place he wishes place upon to have located as the permanent seat of justice for said county, written or printed on it; The sheriff, or other returning officer, shall cause to be numbered, each vote taken at each precinct, and the name of the voter written on the list of votes, with a corresponding number opposite each name.

ity of votes

seat of jus

Sec. 5. Be it further enacted, That if any place voted for shall have a majority of all the Place recei votes cast, of which the sheriff shall be the years judge, such place shall be the permanent seat to be the of justice of Monroe county. But if no place tice. shall receive a majority of all the votes cast at such election, it shall be the duty of the sheriff to hold a second election, in the manner and for the purposes mentioned in this act, at some convenient time within one month thereafter, on giving at least ten days previous notice of such second election, as is prescribed for notice to be given for the holding of the first election; and at such second election there shall be no place put in nomination, or voted for, except the two highest places that were voted for at the first election; and at such second election, the place receiving the greatest number of votes, shall be the permanent seat of justice for said county.

Sec. 6. Be it further enacted, That it shall be the duty of the sheriff or returning officer, Returns to to return the tickets and list taken at the elec- clerk of tion holden under this act, to the office of the board of clerk of the board of county police of said county, at the town of Athens, within three days after such election, and deposite the same with such clerk, for examination and inspec

Board of police to procure house to

tion, and if twenty or more of the legal voters of said county be satisfied that there has been fraud or illegal voting at such election, they are hereby authorized to file their petition to the board of county police of the county, setting forth such fraud or illegal voting, said petition to be supported by the affidavit of two or more creditable witnesses; it shall, thereupon, be the duty of the president of the board of police, to convene a special meeting of the board of police, for the county, within fifteen days after filing such petition, which court shall have full power to summon and procure all evidence necessary to a full investigation of the matters and facts alleged, and shall also have full power to purge the polls; and if it shall appear that such election has been conducted in fraud, or that the illegal votes taken will equalize such majority, or reduce the votes below the other place voted for, it shall be lawful for the said board, and it is hereby made their duty to order that said election shall be set aside, and such election shall be again holden within fifteen days, under the provisions of this act.

Sec. 7. Be it further enacted, That it shall be the duty of the board of county police of Monroe county, to procure a convenient house bold court at the place that may be selected, as the permanent seat of justice of said county, for the purpose of holding courts in, until the public buildings of said county shall be erected.

in.

Sec. 8. Be it further enacted, That all writs, bonds, recognizances, and other proceedings which may issue, or may have been issued, taken or entered into, returnable, or requiring the appearance of any person or party to the term of the circuit court of said county as here