places holding courts. of Franklin and Amite, shall compose the western district, and a superior court of chancery shall be holden therefor, at the court-house of Adams county, on the second MonTimes and days of January and July, in each and every year, and shall continue three weeks at each term, if the business of said court be not sooner completed: the counties of Pike, Marion, Lawrence, Covington, Simpson and Copiah, shall compose the eastern district, and a superior court of chancery shall be holden therefor, at the court-house of Lawrence county, on the third Mondays of February and August in each and every year, and shall continue two weeks at each term, if the business of said court be not sooner completed; the counties of Hancock, Jackson, Green, Wayne, Jones and Perry, shall compose the third district, and a superior court of chancery shall be holden therefor, at the court-house of Perry county, on the second Monday after the fourth Mondays of February and August, in each and every year, and shall continue one week at each term, if the business of said court be not sooner completed; the couties of Hinds, Claiborne, Warren, Yazoo, Washington and Monroe, shall compose the northern district, and a superior court of chancery shall be holden therefor, at the court-house of Hinds county, on the first Mondays of May and November, in each and every year, and shall continue three weeks at each term, if the business of said court be not sooner completed. SEC. 3. And be it further enacted, That there shall be Clerks to appointed, in the manner prescribed by the constitution be appointand laws of this state, a clerk for the third district, and a clerk for the northern district. ed. ing shall be tried. SEC. 4. And be it further enacted, That all cases now Where pending in the courts of chancery, where the defendant or cases pend- defendants are citizens of this state, shall be removed to the district in which said defendant or defendants may reside, if all the defendants reside in the same district; but if the defendants reside in different districts, the chancellor may direct the trial of the case to which district he may deem proper; and if all the defendants be non-residents of this state, then, in like manner, to the district in which the plaintiff or plaintiffs may reside. Clerks of deliver SEC. 5. And be it further enacted, That as soon as a clerk shall be appointed for the third district, it shall be his duty the eastern to call on the clerk of the eastern district, who shall deliver district to to him all the papers belonging to every cause then pend- papers ing in said court, conformable to the preceding section of third disthis act; and shall also give under his hand and seal, a cer- trict. tified copy of all orders and decrees made therein. to clerk of the be transto tricts. SEC. 6. And be it further enacted, That it shall be the duty of the clerk of the northern district, to call on the Papers to clerks of the western and eastern districts, and the duty ferred of the clerk of the eastern district to call on the clerk of proper disthe western district, whose duties respectively, shall be the same as directed by the preceding sections of this act. SEC. 7. And be it further enacted, That this act shall Causes not be so construed as to authorize the transfer of any cause, eastern dispending in now pending in the eastern district, until after the adjourn- trict shall ment of the next February term of said court; and all transferred cases now pending in said court, shall stand in the situation at said term, as though this act had not passed. SEC. 8. And be it further enacted, That an act, entitled 'an act, supplementary to an act, to establish a court of chancery in this state, and to prescribe the rules of proceeding therein, passed February 4th, 1825,' shall be, and the same is hereby repealed. Approved, February 5, 1827. not be until after Feb. term. Repealing clause. AN ACT, to revive and amend an act, entitled an 'act, directing the mode of choosing electors to vote for President and Vice-President of the United States. SEC. 1. Be it enacted by the Senate and House of Representatives of the state of Mississippi, in General Assembly convened, That the act, entitled an act directing the mode of choosing electors to vote for president and vice-president of the United States, approved January 15, 1824, be, and the same is hereby revived and continued in force, and shall be so construed as to read that the election shall be held on the first Monday in November, in each and every year when the election for president and vice-president of the United States shall take place. Approved, January 22, 1828. AN ACT, to allow additional compensation to certain witnesses in certain cases. SEC. 1. Be it enacted by the Senate and House of Representatives of the state of Mississippi, in General Assembly convened, That hereafter, when any surveyor of lands shall be summoned to attend as a witness in actions of ejectment, trespass, quare clausum fregit, or other suits involving questions of boundary in any courts of this state, he shall be entitled to charge his attendance in each and every suit in which he shall have attended as a witness, and the same shall be allowed in the bills of cost, any law to the contrary notwithstanding. Approved, January 24, 1828. AN ACT, to restore the boundary between the counties of Hancock and Jackson. SEC. 1. Be it enacted by the Senate and House of Representatives of the state of Mississippi, in General Assembly convened, That from and after the passage of this act, the boundary between the counties of Jackson and Hancock, as established by the act, entitled an act to define the boundaries of the several counties of this state, passed June 29, 1822, be, and the same is hereby restored; and all acts, and parts of acts, contravening the provisions of this act, be, and the same are hereby repealed: Provided, That townships one and two, in range ten, shall be annexed to, and become part of Perry. Approved, January 24, 1828. of state to congress. AN ACT, to provide for the distribution of the acts of Congress. SEC. 1. Be it enacted by the Senate and House of Representatives of the state of Mississippi, in General Assembly Secretary convened, That it shall be the duty of the secretary of state distribute to transmit to the clerks of the circuit courts of the several acts of counties in this state, under such regulations as are prescribed by law, for the distribution of the laws and journals of the general assembly, one copy of the acts of each session of the congress of the United States, which have heretofore been transmitted to the seat of government for the use of the state, and annually hereafter one copy of the acts of each session of congress: Provided, The number of copies heretofore received, or which hereafter may be received, may be sufficient to admit each county to be furnished with a copy, and not less than five copies reserved for the use of the general assembly. SEC. 2. And be it further enacted, That it shall not be lawful for the clerks in whose care said acts of congress may be placed, to permit them to be taken from their offices, unless for the use of some court, under the penalty of five dollars for every offence, and the value of any copy or copies of said acts which may be lost by their negligence, recoverable before any court of competent jurisdiction, for the use of the state. Approved, January 26, 1828. of Madison AN ACT, to divide Yazoo county, and to organize a new county out of the same. SEC. 1. Be it enacted by the Senate and House of Repre sentatives of the state of Mississippi, in General Assembly Boundaries convened, That so much of the county of Yazoo as lies county. east of Big Black river, beginning on the east bank of said river, where the Hinds county line strikes the same, thence with said line to Pearl river, thence up said river to the Choctaw boundary line, thence with said boundary line to where it strikes the Big Black, thence down the Big Black river to the beginning, shall constitute a county, which shall be called the county of Madison. probate SEC. 2. And be it further enacted, That the county courts Times of of the county of Madison, shall be held on the first Monholding County and days in March, June, September and December, in each and every year, and may continue two days at each term, and no longer; and the probate courts of the said county of Madison, shall be held four times in each year, at the times of holding the county courts of said county. courts. SEC. 3. And be it further enacted, That the place of Where holding the respective courts in the county of Madison, courts to be shall be at the present court-house of Yazoo county, until a court-house shall be built, as hereinafter provided for, and thereafter at such court-house. held. SEC. 4. And be it further enacted, That it shall be the Governor duty of the governor of this state, so soon as a judge of writ of probate is commissioned and qualified for the county of election for Madison, to issue a writ of election, directed to said judge to sheriff. issue probate to of probate, requiring him to hold an election for sheriff and coroner, for the said county of Madison, at the several places hereinafter provided for holding elections for members of the General Assembly. SEC. 5. And be it further enacted, That it shall be the Judge of duty of the said judge of probate to give at least thirty give notice days' notice of said election, by advertising the same at of elec- five of the most public places in said county of Madison, and otherwise conduct the same, in all respects, in conformity to the laws regulating elections. tions. |