shall on conviction thereof in the circuit court of his proper county be fined and imprisoned at the discretion of the court.

Sec. 6. And be it further enacted, That this act shall not take effect until forty days after its passage.

Approved, February 5th, 1841.

CHAPTER 4.

AN ACT to facilitate the collection of the public revenue of this state.

Governor to

auditor.

SECTION 1. Be it enacted by the Legislature of the State of Mississippi, That here- institute after it shall be the duty of the Governor to suit again require the Attorney General to institute suit or suits on the bond of the auditor of public accounts in all cases where said officer shall be guilty of a palpable neglect of his duty.

institute

Sec. 2. Be it further enacted, That the auditor of public accounts, be, and he is Auditor hereby required to institute suit or suits suit agains against each and every defaulting assessor officers. and collector or other officer intrusted with

the collection of the public revenue, within ten days after the passage of this act, agree ably to the provisions of the existing laws of this state.

defaulting

Sec. 3. Be it further enacted, That the auditor of public accounts, shall forfeit to Auditor to the state five hundred dollars for each and forfeit $500 every case where he shall neglect or refuse of duty.

to comply with the provisions of the second section of this act, recoverable by action on his bond, in any court of competent jurisdiction within this state; and hereafter a like forfeiture shall be sued for and collected from said auditor, and his securities for each and every neglect of duty in instituting suit or suits against defaulting assessors and collectors in manner prescribed by the existing laws of the state.

Sec. 4. And be it further enacted, That the auditor of public accounts shall in no Auditor to instance, on settlement with the assessors chargedam-and collectors, neglect to charge them with ages against such damages and forfeitures as they may and collec-have incurred under the existing laws of this state by failing to make their assessment returns, or pay over the money into the treasury as the case may be.

tors.

Approved February 6th, 1841.

CHAPTER 5.

AN ACT prescribing the mode of authenticating lists of insolvencies returned by tax collectors.

SECTION 1. Be it enacted by the Legislator to preture of the State of Mississippi, That if vested from any cause the boards of police of any to president county in this state shall fail to hold their policeard of courts at the proper time, it shall be the duty of the tax collector in any such county to present his list of insolvencies to the president of the board of police of his county, in vacation, whose duty it shall be to examine and allow such part of said list as may seem to him right and proper, and certify the same under his hand and seal officially.

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

Approved February 5th, 1841.

1

CHAPTER 6.

AN ACT to regulate the fees of certain officers therein named, and for other purposes.

Fees of the

rors and

SECTION 1. Be it enacted by the Legislature of the State of Mississippi, That hereafter it shall be lawful for the clerk of the clerk of ErHigh Court of Errors and Appeals to de- Appeals. mand, receive, and take for any services by him done and rendered by virtue of his said office, the same fees which are now allowed by law to the clerks of the circuit courts of this state for the same or for similar services by them done and performed, and no

more.

chancery

Sec. 2. Be it further enacted, That it Compensashall be the duty of the clerk of the High Compe Court of Errors and Appeals, the clerk of clerk of the Superior Court of Chancery, the clerks and Errors of the Circuit and of the Probate Courts, to and appeals. make out and deliver to any person applying therefor, a certified copy of any paper, record, judgment, decree or entry, on file,

duty.

lodged or remaining in their respective offices, upon the person thus applying to such clerks, paying at the rate of fifteen cents for every hundred words, contained in the copy thus applied for.

Sec. 3. Be it further enacted, That if Penalty for any of said clerks shall neglect or refuse to make out and deliver to the persons applying for the same, a certified copy of any paper, record, judgment, decree, or entry on file, lodged or remaining in his said office, when the same shall be demanded as aforesaid, he shall be deemed guilty of a high misdemeanor in office, and shall forfeit for every such neglect or refusal to the party aggrieved thereby, the sum of five hundred dollars, to be recovered by action of debt, in any of the circuit courts of this state; and shall moreover be liable to indictment for every such neglect or refusal, and upon conviction under such indictment shall be fined in a sum not exceeding one thousand dollars, and imprisoned for a term not exceeding three months.

Sec. 4. Be it further enacted, That when Glerk to is. any final judgment or decree shall be rensue certifi- dered or passed in any cause brought before cate of jud the High Court of Errors and Appeals, by

appeal, writ of error or otherwise, it shall be the duty of the clerk of said court to certify the final judgment or decree to the clerk of the circuit court of law or superior court of chancery, or court of probates, (as the case may be) from which such cause was brought, within ten days after the close of the term of said High Court of Errors and Appeals at which such final judgment or decree was rendered or passed, and the said clerk of the High Court of Errors and Appeals, shall have no right to withhold the certificate of such judgment or decree, until the costs or any part thereof which may have accrued in the cause, in the said High Court of Errors and Appeals, shall have been paid; but for such costs said clerk may issue execution against the party liable therefor, and if said clerk shall fail or refuse to certify any final judgment or decree as herein required, he shall be guilty of a high misdemeanor; and upon conviction thereof, in the circuit court of the county of Hinds, shall be fined in a sum not less than one thousand dollars; and shall moreover forfeit and pay to the party aggrieved, the sum of five hundred dollars for every such failure or refusal; to be recovered by motion in any circuit court of this state; reasonable notice of such motion having been first given to such clerk, and shall have right to trial by jury.

Sec. 5. Be it further enacted, That hereafter the clerk of the High Court of Errors Clerks of and Appeals, the clerk of the Superior Court make final of Chancery, and the clerks of the Circuit record. Courts shall be required to make out a final record of the causes tried and determined in their respective courts; and they shall be entitled to receive for each final record the sum of one dollar and fifty cents, when the same shall be made out, and no more, and the fee of one dollar and fifty cents hereby allowed to said clerks for making said final records, shall be taxed in the bill of costs and collected by the sheriff into whose hands the execution for the costs in the case