for the use of the state, double the value of such copy or copies; and the said clerk is hereby authorized and required to sue and recover the said double value, in his own name, by action of debt, for the use aforesaid, in any court having jurisdiction of the same; and upon the trial of such action, the said receipt shall be deemed and taken as full evidence of the liability of the defendant to pay the double value as aforesaid; and the said clerk is hereby required to pay over the moneys so recovered, as aforesaid, into the treasury of this state.

Approved, February 5, 1827.

AN ACT, to amend an act, entitled 'an act to reduce into one the several acts, concerning escheats,' passed June 13, 1822.

SEC. 1. Be it enacted by the Senate and House of Repre· sentatives of the state of Mississippi, in General Assembly Office of convened, That from and after the passage of this act, the

escheator

general

office of escheator general, and deputy escheator, be, and abolished. the same are hereby abolished; and that the county trea

surers of the several counties in this state, during their continuance in office are, and hereafter shall be, escheators for their respective counties, and are hereby vested with County the same powers, and subject to the same duties, within to perform their respective counties, as by the said act, to which this said office. is an amendment, appertained to the character of escheator

treasurers

duties of

general and deputy escheator; except that the proceedings directed by that act to be conducted in the supreme court, shall hereafter be had and conducted in the circuit courts of the several counties in this state, with the right of appeal, as is prescribed by law in other cases.

SEC. 2. And be it further enacted, That the several county To give treasurers in this state, within three months from and after bond with the promulgation of this act, shall give bond with one or months. more good and sufficient securities, to be approved by the

in three

county court of his county, or by a judge thereof, in vacation, to the governor of the state, for the time being, and his successors in office, in the penal sum of five thousand dollars, conditioned for the faithful performance of all duties

enjoined on him by this act, which bond shall be deposited in the office of the clerk of said court, and by the said clerk recorded among the records of said county.

tion.

SEC. 3. And be it further enacted, That the escheators as aforesaid, of the several counties, shall be entitled to the Compensasame compensation for their services, as by the said act, to which this is an amendment, was allowed to the escheator general, or deputy escheator.

estate.

an

SEC. 4. And be it further enacted, That the said escheators are hereby authorized and required to pay all just Escheators debts which shall be presented against any estate that may just debts to pay all hereafter escheat, under and subject to all the provisions of of the act, entitled, 'an act to reduce into one the several acts, concerning last wills and testaments, the duties of executors and guardians, and the rights of orphans and other representatives of deceased persons relative to the proof and limitations of claims against deceased persons,' and the allowance thereof.

duties.

SEC. 5. And be it further enacted, That whenever it shall so happen, that the county treasurer of any county in this Further state, for any cause, shall resign, or fail in a re-appointment, at the expiration of his term of office, it shall nevertheless, be the duty of the said escheator, so resigning or failing in re-appointment as aforesaid, to continue his duties under this act, in relation to all cases of escheat, which shall have been commenced previous to his resignation or failure in a re-appointment as aforesaid.

Approved, February 7, 1827.

AN ACT, to repeal the fifteenth section of the act entitled 'an act, further to extend relief to debtors, passed 23d day of January, 1824, and for other purposes.'

SEC. 1. Be it enacted by the Senate and House of Representatives of the state of Mississippi, in General Assembly convened, That the fifteenth section of the above recited act be, and the same is hereby repealed.

Repealing clause.

thorized to

SEC. 2. And be it further enacted, That it shall be the Sheriff auduty of the sheriff, or other officer, serving an execution on take forthslaves or other personal property, if the person whose bond.

coming

On forfei

turn

same

of

the

the court.

property is levied on, or who may have delivered up property in discharge of his body, will give sufficient security, to take a bond from such debtor, and securities, payable to the creditors, reciting the service of such execution and the amount of money thereon due, in a penalty equal to double the amount of such execution with all costs, with condition to have the same property so levied on or surture rendered forthcoming on the day of sale, and the place apbond to re- pointed by the sheriff, or other officer, for the sale thereof, to at twelve o'clock, noon, of such day, to suffer such property to remain in the possession of, and at the risk of the debtor or debtors, until that time, and if the owners of such property, or defendant in the execution, shall fail to deliver Bond to up the same according to the condition of the bond, or to of a judge pay the money mentioned in the execution, with all interests and costs, such sheriff, or officer, shall return the bond so forfeited, with the execution, to the court from which the same issued, on the return day thereof; and any bond which shall be forfeited, shall have the force and effect issue execu- of a judgment, and thereupon it shall be lawful for the clerk, immediately to issue execution thereon, against all the obligors therein for the full amount of the plaintiff's debt, with all interest and costs, and upon such execution, To endorse the sheriff or other officer shall not take any security, and upon the for the better direction of such officer, the clerk shall endorse upon every such execution, that no security of any kind shall be taken.

have force

ment.

Clerk to

tion.

same.

SEC. 3. And be it further enacted, That the act, entitled Repealing 'an act to amend an act, to reduce into one the several clause. acts concerning executions and for the relief of insolvent debtors,' passed twenty-first January, eighteen hundred and twenty three; and so much of the fifty-fifth section of the act, entitled 'an act, to reduce into one the several acts concerning executions, and for the relief of insolvent debtors,' passed twenty-second June, eighteen hundred and twenty-two, as requires any sheriff or other officer, to deliver to the purchaser possession of lands and tenements, sold under execution; also the twenty-eighth and twentyninth sections of the last recited act, be, and the same are hereby repealed.

Approved, February 8, 1827.

AN ACT, to amend an act, to reduce into one the several acts concerning executions, and for the relief of insolvent debtors, passed June twenty-second, eighteen hundred and twenty-two.

In what clerk

garnish

issue

SEC. 1. Be it enacted by the Senate and House of Representatives of the state of Mississippi, in General Assembly convened, That on all judgments or decrees rendered or case hereafter to be rendered in the several courts of law or to equity in this state, it shall be the duty of the clerks of said ment. courts, respectively, on the suggestion of the plaintiff or plaintiffs in judgment or judgments, decree or decrees, his, her, or their agent or attorney, that any person or persons, other than the defendant or defendants, in said execution, are indebted to the said defendant or defendants, or have any of the effects of such defendant or defendants, in his, her or their hands or possession, to issue a summons or garnishment, directed to the sheriff or other proper officer of the county in which said garnishee or garnishees may reside, and commanding the said garnishee or garnishees to appear at the term of the court to which such garnishment or summons is returnable, and say on oath, (which oath the said clerks, under the authority of said courts, respectively, are hereby authorized to administer,) whether he, she, or they are indebted to the said defendant or defendants, and in what sum or sums, and what effects of said defendant or defendants he, she or they have in their hands or possession; or had, at the time of serving said summons and whether he, she or they know of any other person or persons; who are indebted to said defendant or defendants, or who may have any of the effects of said defendant or defendants in their hands: Provided, the plain- Plaintiff in tiff in execution, his agent or attorney, before the issuing execution of such summons or garnishments, shall be required to affidavit. make affidavit, and file the same in the office of the clerk, that he does not believe that the defendant has, in his possession, visible property, upon which a levy can be made sufficient to satisfy such judgment or execution.

to make

ings on

SEC. 2. And be it further enacted, That upon the return of any such summons, if it shall appear that said summons failure of garnishee or garnishment has been lawfully served or executed upon to appear.

led.

Court to

said garnishee or garnishees, and he, she or they shall fail to appear and discover, on oath, or affirmation, as by this act directed, it shall be lawful for the court, after solemnly calling such garnishee or garnishees, to enter up a conditional judgment against such garnishee or garnishees, and thereupon a scire facias shall issue against such garnishee or garnishees, returnable to the next term of the court, to shew cause, if any, he, she or they have, why final judgment should not be entered against him or them; and upon such scire facias being returned executed, and such garnishee or garnishees shall fail to appear and discover, as by this act is directed, the court shall confirm such judgment, and award execution for the plaintiff's whole judgment and costs.

SEC. 3. And be it further enacted, That if, upon the examination of any garnishee, it shall appear to the court, that there is any of the defendant or defendants' estate in the hands of any person or persons, who have not been summoned, such court shall, upon motion of the plaintiff, award a summons or garnishment, against such person or persons, having any of the estate of the defendant or defendants, in his, her or their custody or possession, who shall appear and answer, and be liable as other garnishees.

SEC. 4. And be it further enacted, That whenever the plaintiff in the execution shall allege that any garnishee hath not discovered the true account of debts due from him direct a to the defendant or defendants, or what goods and chattels jury to be empannel belonging to the defendant or defendants, is or are in his or her possession, the court shall direct, without the formality of pleading, a jury to be empannelled, unless a good cause be shewn, by either party for a continuance to enquire what is the true amount due from such garnishee, to the defendant or defendants, and what goods and chattels are in his or her possession, belonging to the defendant or defendants? If the finding of the jury shall be against such garnishee, If finding the court shall grant judgment in the same manner as if the of jury be against facts found by the jury had been confessed by him, or her, court shall on his or her examination, with the cost thereon, if the jury grant judg- find in favour of the garnishee, he or she shall recover costs

garnishee,

ment.

against the plaintiff or plaintiffs.