ed by gar SEC 5. And be it further enacted, That when any garnishee shall have any of the goods and chattels of the Sheriff to sell goods defendant or defendants, in his or her possession, and shall surrendersurrender the same; it shall be lawful for the sheriff or nishee, other officer to receive the same, and proceed to sell the same as if they were levied on by virtue of an execution. SEC. 6. And be it further enacted, That the garnishee or garnishees shall be allowed, by the court, reasonable satisfaction for his or her attendance, out of the effects in shee. his or her possession; and if there should be no such effects in the possession of such garnishee, then he or she shall be allowed reasonable satisfaction for his or her attendance against the plaintiff or plaintiffs. Allowance to garni SEC. 7. And be it further enacted, That if any person or persons, other than the defendant or defendants shall Jury to be appointed claim the effects in the hands of any garnishee, and shall to try right make affidavit that the said effects are bona fide, his or her of property. property, the court shall immediately, and without the formality of pleading, direct a jury to be empannelled, to inquire into the right of such property between such claimant and the plaintiff, unless good cause be shewn to the contrary; if the finding of the jury shall be against such claimant, the plaintiff shall recover costs; and if the jury find in favour of such claimant, he, she or recover costs against the plaintiff. they shall Property sion of gar SEC. 8. And be it further enacted, That all property in the hands of such garnishee or garnishees, belonging to in possesany such defendant or defendants, at the time of serving nishee any such process of garnishment; shall be bound by such subject to process, and subject to the lien of the judgment on which such garnishment shall have been issued. Approved, February 3, 1827. judgment. AN ACT, so authorize executors, administrators, and guardians, to relinquish lands purchased of the United States. dians to SEC. 1. Be it enacted by the Senate and House of Repre- Executors sentatives of the state of Mississippi, in General Assembly and guarconvened, That from and after the passage of this act, execu- relinquish tors, administrators, and guardians be, and they are hereby lands. money in authorized to relinquish such lands, as the interest of the heirs of the testator, or intestate, or their wards may require, and with which they are charged, by virtue of their letters. SEC. 2. And be it further enacted, That executors, admiTo invest nistrators and guardians, are hereby authorized to apply the other lands. amount that may have been paid on such relinquished lands, to the payment of other lands, belonging to the heirs of the testator, intestate, or their ward, or wards, according to the provisions of the several acts of congress, relative to the relief of purchasers of public lands. Court appear may SEC. 3. And be it further enacted, That when it shall to the satisfaction of the county court, that the said direct sale lands cannot be relinquished without injury to the said estate, they may direct the same to be sold. Approved, February 2, 1827. of lands. established. AN ACT, to divide the county of Yazoo, and organize a new county out of the same and a part of Warren county, and for other purpo ses. SEC. 1. Be it enacted by the Senate and House of Representatives of the state of Mississippi, in General Assembly Washing convened, That so much of the counties of Yazoo and ton County Warren, as lies west of the Yazoo river, beginning on the right bank of said river where the Choctaw boundary line strikes the same, thence along said boundary to the Mississippi river, thence down the said river, to a point on the said river where the east and west line between township 17 and 18 strikes the same, thence along said line to where the same strikes the Yazoo river, thence up the said last mentioned river to the place of beginning, shall constitute a county, which shall be called the county of Washington. Times of holding courts. SEC. 2. And be it further enacted, That courts shall be held in the county of Washington, on such days and times. as shall be hereafter appointed, to wit: the circuit courts on the third Mondays in March and September in each year, the county courts on the first Mondays in January, April, July and October. The circuit courts may con tinue six judicial days at each term, if business require it, and no longer; the county courts, at each term may continue four judicial days, and no longer. SEC. 3. And be it further enacted, That the place of holding the respective courts in the county of Washington, Place of shall be at the house now occupied by John De Hart, courts. in the town of New Mexico, until a court-house is erected, as is hereinafter provided for, and thereafter at such courthouse. to issue tion for SEC. 4. And be it further enacted, That it shall be the duty of the governor of this state, so soon as a judge of Governor probate is elected, commissioned and qualified for the coun- writ of elec ty of Washington, to issue a writ directed to said judge of sheriff and probate, requiring him to hold an election at the house of coroner. John De Hart aforesaid, for the purpose of electing a sheriff and coroner for said 'county, of which said election, it shall be the duty of the said probate judge, to give at least thirty days notice, by advertising the same in ten of the most public places in said county, and otherwise conduct the same, in all respects, according to the law regulating elections. Commis SEC. 5. And be it further enacted, That William B. Cook, Philip Gilbert and Thomas Martin, are hereby ap- sioners appointed commissioners to select a site, and contract for pointed. building a court-house and jail for said county of Washington. court may SEC. 6. And be it further enacted, That the county court of the county of Washington, whenever the same is organ- County ized, shall have power to levy a special tax for such sum as levy tax. they may deem necessary to defray the expense of erecting a court-house and jail, which said tax when collected, shall be paid over to the undertaker of such public buildings, on the certificate of the commissioners named in this act. SEC. 7. And be it further enacted, That the county of Washington shall be entitled to one member in the house of representatives of this state, to be elected at the time, and in the manner prescribed by law, for holding elections in the several counties of this state, and shall possess the same County entitled to one representative. qualifications as members from the other counties are required to have. SEC. 8. And be it further enacted, That the county Senatorial of Washington shall be attached to the same senatorial district in which it has heretofore stood. district. ment. SEC. 9. And be it further enacted, That the inhabitants 24th regi- liable to militia duty in the county of Washington, shall constitute a separate regiment, to be known and styled 'the twenty-fourth regiment of militia of the state of Mississippi,' and shall be organized agreeable to the existing militia law of this state. Approved, January 29, 1827. court of counties to AN ACT, to authorize the County Courts of the several counties therein named, to make allowance to clerks of elections. SEC. 1. Be it enacted by the Senate and House of Representatives of the state of Mississippi, in General Assembly County convened, That from and after the passage of this act, the certain county courts of Wilkinson, Adams and Jefferson counties, make al- shall audit and allow to clerks of all future elections in lowance to the said counties, for members of the general assembly, the elections sum of three dollars per day, upon the presentation of a certificate from the inspectors of elections that such service has been rendered. clerks of in future. ready ren dered. SEC. 2. And be it further enacted, That the county courts Do. for of the several counties herein named, shall audit and allow services al- all certificates for services heretofore rendered as aforesaid, to be paid out of the county treasury of the proper county Provided, the same shall not exceed three dollars per day. SEC. 3. And be it further enacted, That there shall be paid to the clerks of all future elections in the county of elections in Claiborne, the sum of two dollars per day, to each clerk for County to every day he may be employed as clerk of any such elecbe paid tion, which sum shall be paid by the treasurer of the county, out of any money not otherwise appropriated. Clerks of Claiborne Approved, February 8, 1827. holding re AN ACT, to reduce the number of terms of the Orphans Court in and for the county of Hancock, and other counties therein named. SEC. 1. Be it enacted by the Senate and House of Representatives of the state of Mississippi, in General Assembly Times of convened, That from and after the passage of this act, the gular terms regular terms of the orphans' court of the county of Han- of the Orcock, shall be held on the fourth Mondays of January, in Hancock March, May, July, September and November, for the time and at the places designated by law, and not oftener. SEC. 2. And be it further enacted, That from and after the passage of this act, the regular terms of the orphans' court of the county of Wayne, shall be held on the fourth Mondays of January, March, May, July, September and November and not oftener. SEC. 3. And be it further enacted, That the regular terms of the orphans' court for the county of Marion, shall be held on the fourth Mondays of January, March, May, July, September and November in each and every year hereafter, and not oftener. phans' court county. Do. in Wayne county. Do. in Marion county. continue two days in SEC 4. And be it further enacted, That the orphans' Court to court of Amite county, may continue two days at each regular term if business so long require, and no longer, Amite any law to the contrary notwithstanding. Approved, February 2, 1827. county. AN ACT, to amend an act, entitled 'an act to establish a Court of therein.' clause. SEC. 1. Be it enacted by the Senate and House of Representatives of the state of Mississippi, in General Assembly Repealing convened, That the fourth section of the act to which this is an amendment shall be, and the same is hereby repealed. SEC. 2. And be it further enacted, That the state shall be divided into four districts, and a superior court of chan- The state cery shall be holden by the chancellor in each district, in divided into the manner, and at the times hereinafter specified, that ry districts. is to say the counties of Wilkinson, Adams, Jefferson, four chance |