ings in case sheriff deny lected money. his hands, and shall have failed to make a sufficiency of money to satisfy the whole amount of the several executions, and shall file an affidavit of the fact, with the clerk of the circuit court of the proper county, such sheriff shall not be liable to the penalties hereby prescribed. SEC. 2. And be it further enacted, That if any sheriff, Proceed- coroner, or other officer shall, on the trial of any such motion, deny that the money was by him or them collected, having col- and if it shall not appear by the records of the court that the money has been collected, the court before which the motion is pending, shall immediately cause a jury to be empannelled to try the fact, on issue joined by the parties, under the direction of the court; and if it shall be found against such sheriff, coroner, or other officer, judgment shall be entered up against him or them, and his and their sureties, for the whole amount collected, and the damages and interest thereon with double costs. SEC. 3. And be it further enacted, That all sheriffs shall Sheriffs be liable in the manner above prescribed, for money colmoney lected by their deputies on executions, whether the same shall have come to the hands of the sheriff or not. liable for collected by deputy. for making return. SEC. 4. And be it further enacted, That if any sheriff, or Penalty his deputy or deputies, coroner or other officer, shall make a false return on any execution or other process to him or them directed, such sheriff, coroner, or other officer and their sureties, for every such offence shall pay a fine of five hundred dollars, one half to the plaintiff in the execution or other process, and the other half to the use and benefit of the literary fund, recoverable by motion to the court, to which such execution or other process is returnable, after reasonable notice given to such sheriff, coroner or other officer of such motion. return on SEC. 5. And be it further enacted, That if the return on Proceed the execution or other process alleged to be false, shall not ings when appear on the face of the record to be so, the court before execution which such motion is made, shall immediately proceed to alleged to false empannel a jury to ascertain whether such return be false on or not, on an issue joined by the parties under the directhe face of tion of the court, and if the jury so empannelled, find to be so. against such sheriff, coroner or other officer, judgment shall be does not appear the record be entered for the sum aforesaid, against such sheriff, coroner or other officer, his and their sureties, with double costs, and the clerk shall endorse on the execution issuing thereon, that no security of any kind is to be taken. SEC. 6. And be it further enacted, That if any sheriff, If sheriff fail to re tion recover against on coroner or other officer, shall fail to return any execution to him or them directed on the return day thereof, the turn execuplaintiff in the execution may recover judgment against return day, such sheriff, coroner or other officer, and his and their plaintiff sureties, for the amount of such execution, with five per judgment cent. damages, by motion before the court to which such him. execution is returnable, with eight per cent. interest on the same until paid; and the clerk shall endorse on the execution issuing on such judgment, that no security is to be taken: Provided, That after any sheriff, coroner or other officer, shall have paid the amount of money and damages recovered as aforesaid, then the original execution shall be vested in such sheriff, coroner or other officer, for his or their benefit: And, Provided, also, That nothing in this Proviso. section contained, shall be so construed as to affect the remedy already existing against sheriffs or other officers for failing to return executions. SEC. 7. And be it further enacted, That all acts, and parts Repealing of acts, conflicting with the provisions of this act be, and clause. the same are hereby repealed. Approved, February 15, 1828. AN ACT, further to amend an act, entitled 'an act, concerning for license SEC. 1. Be it enacted by the Senate and House of Representatives of the state of Mississippi, in General Assembly convened, That hereafter no person shall be licensed to Applicant practice law within this state, until he shall produce satis- to produce factory evidence, that he has regularly studied his profes- having sion for the term of two years, in the office or under the regularly direction of some respectable lawyer or judge; that he has attained the age of twenty-one years; is a man of good evidence of studied. moral character, and has resided within this state six months preceding his application. SEC. 2. And be it further enacted, That no license shall No license be granted, except at the regular terms of the supreme ed except at court: Provided, however, That this act shall not extend to regular to be grant terms. exclude lawyers resident in conterminous states from practising within this state, under the same restrictions that lawyers resident in this state are permitted to practice in such conterminous states. Approved, February 14, 1828. taxation. AN ACT, to amend the several acts, relative to the Public Revenue. SEC. 1. Be it enacted by the Senate and House of Representatives of the state of Mississippi, in General Assembly convened, That the public revenue for this, and every sucRates of ceeding year, shall be assessed, levied, and collected in the same manner, and at the same rate as is by law provided, except as hereinafter provided:-that is to say there shall be assessed and collected on each white male, above the age of twenty-one years, and under the age of fifty years, the sum of fifty cents; on each slave the sum of sixty two and a half cents, and on each pleasure carriage, according to the valuation, the sum of one dollar on every hundred dollars value thereof, and the sum of five hundred dollars on each billiard table set for play. SEC. 2. And be it further enacted, That instead of the amounts heretofore required to be paid for license to hawk Amount and peddle within this state, the following shall be the to peddle. rates of such license, to wit: The amount to be paid for a of license license to convey merchandise on foot shall be twenty dollars; the amount to be paid for a license to convey merchandise on a horse, or other beast of burden, shall be forty dollars; the amount to be paid for a license to convey merchandise in a two wheel carriage, shall be seventy-five dollars; and the amount to be paid for a license to convey merchandise in a four wheel carriage, shall be one hundred dollars, to be paid as is by law now directed. Approved, February 16, 1828. AN ACT, to amend the several acts prescribing the duties of auditor and treasurer of this state. of auditor rer not to take place committee SEC. 1. Be it enacted by the Senate and House of Representatives of the state of Mississippi, in General Assembly convened, That all elections for auditor of public accounts, Election and treasurer of this state, shall not hereafter take place, and treasuuntil the chairman of the committee of accounts shall have reported to their respective houses: Provided, that the until after offices of auditor and treasurer shall not be vacated in of accounts consequence of the necessary delay arising from the post- reported. ponement of the election of said officers, until the report of the committee of accounts is received in each and every year; and no person shall be eligible to a re-election to either of those offices, who shall not have made a complete report of the fiscal concerns of the state, on or before that day. shall have At what committee of SEC. 2. And be it further enacted, That on the morning of the third Monday in the session, in each and every year, time chairit shall be the duty of the chairman of the committee of man accounts, of each house of the general assembly, to offer shall report. their reports to their respective houses; and, if either of the chairmen fail herein, it shall be the duty of the president of the senate, or speaker of the house of representati ves, or either of the two houses to dismiss the defaulting chairman, and to appoint another chairman in lieu thereof. Approved, February 14, 1828. AN ACT, to prevent frauds at elections. Manner of contesting of sheriff or SEC. 1. Be it enacted by the Senate and House of Representatives of the state of Mississippi, in General Assembly convened, That whenever any person shall desire to contest the election of any sheriff or coroner returned as elected, the election in any county in this state, he shall file his petition in coroner. writing, in the clerk's office of the circuit court of the county in which such contest shall arise, which petition shall contain the charges and specifications upon which such election is contested, and the clerk of said court shall sworn to thereupon issue a summons to the person whose election is thus contested, returnable to the next succeeding term of the court, to appear and shew cause against such petition, which summons shall be served as in other cases; and the said circuit court, shall, at the next succeeding term after such election, upon issue joined, under the direction of the court, upon the charges and specifications contained in such petition, proceed to empannel a jury, and try and determine the same: Provided, The said summons shall have been served ten days before such term. SEC. 2. And be it further enacted, That the jury emJury pannelled in such case shall be sworn, well and truly to try the issue try the issue joined between the parties, and shall render a joined be- verdict, specifying the person who had the greatest number parties. of legal votes at such election, which verdict shall be tween the Number of peremp entered upon the minutes of the court, and in case the jury shall find against the officer returned as elected, the clerk of said court shall, thereupon, after the end of the term of said court, issue a certificate to the person who shall have been found to have had the greatest number of votes; and such person shall thereupon, be commissioned by the governor as sheriff or coroner, as the case may be, of said county, upon his complying with the laws in relation to such office. SEC. 3. And be it further enacted, That in all cases of tory chal- contested elections under this act, each party shall be lenges. entitled to ten peremptory challenges. Approved, February 14, 1828. sioners to AN ACT, to run and establish the dividing line between the counties of Warren, Washington, and Yazoo. SEC. 1. Be it enacted by the Senate and House of Representatives of the state of Mississippi, in General Assembly Commis convened, That James Bland and Henry Bone, of the run the di- county of Warren, and Marcus Pierce, of the county of viding line between Yazoo, be, and they are hereby appointed commissioners. and Yazoo to superintend the running and establishing of the dividing counties. line between the counties of Warren and Yazoo. Warren |