To em

ploy surand

others.

SEC. 2. And be it further enacted, That said commissioners be, and they are hereby authorized and empowered to employ a suitable surveyor, two chain carriers, and one veyor marker, to complete the aforesaid line, agreeably to the provisions of an act, entitled 'an act, farther to extend the limits of Warren county,' approved January 20, 1823.

SEC. 3. And be it further enacted, That the said commissioners shall each be allowed two dollars per day, for Their compensation. each and every day they may be employed in running and establishing said line; and that said surveyor, chain carriers and marker, shall be entitled to receive the same compensation as is by law allowed to county surveyors, chain carriers, and markers; an equal moiety thereof, to be paid by each county respectively, upon satisfactory shewing to the county court thereof, that the said line has been run and established, agreeably to the provisions of this act.

Point at which the

line

be.

SEC. 4. And be it further enacted, That the dividing line between the counties of Warren and Washington, shall dividing begin on the east bank of the Mississippi river, at the upper tween Warend of the plantation of Nerry Henly, and run so as to ren Washingintersect the line between the counties of Warren and ton counties Yazoo, where the same strikes the Yazoo river.

and

shall begin.

court to

commis

run said

SEC. 5. And be it further enacted, That the county courts of the counties of Warren and Washington, shall appoint County four commissioners, two from each of said counties, to run appoint and mark said line; who shall receive the sum of three sioners to dollars per day, for each and every day they may be en-line. gaged in running said line, payable out of the county treasury of their respective counties; which allowance. shall be made by the county courts aforesaid, on satisfactory evidence that said line has been completed.

SEC. 6. And be it further enacted, That said commissioners may employ a suitable number of chain carriers, who shall be allowed the same compensation, and in the same manner that the commissioners are to receive compensation.

Approved, February 12, 1828.

Their

powers.

sioners ap

run the di

Jefferson

and Claiborne counties.

AN ACT, to ascertain the beginning point and to run the dividing line between the counties of Claiborne and Jefferson.

SEC. 1. Be it enacted by the Senate and House of Representatives of the state of Mississippi, in General Assembly Commis- convened, That Isaac N. Selser and John S. Norris, of pointed to Jefferson county, and Thomas W. Cogan and Jeremiah viding line Watson, jr., of Claiborne county, be appointed commisbetween sioners to ascertain and establish the beginning point on the bank of the Mississippi river, of the dividing line between the counties of Jefferson and Claiborne, and from thence to run and mark out said dividing line to the south fork of Bayou Pierre, in pursuance of the course described in the act, entitled an act, to define the boundaries of the several counties of this state, passed the twenty-ninth day of June, eighteen hundred and twenty-two; and that any two (being one from each county) of said commissioners may proceed to the performance of the duties herein enjoined by giving to the others ten days' notice of such intention.

Their com

SEC. 2. And be it further enacted, That said commissioners shall be entitled each to three dollars per day, for pensation. every day they may be engaged in the services contemplated by this act, and said commissioners may appoint a surveyor, the better to enable them to carry into effect the objects of this act, who shall be entitled to five dollars per day for his services, the expenses so incurred to be paid, one half by the county of Jefferson, and the other half by the county of Claiborne.

Approved, February 8, 1828.

AN ACT, to amend the thirty-eighth and thirty-ninth sections of an act, to establish and organize the supreme court, and to define the powers and jurisdiction thereof.

SEC. 1. Be it enacted by the Senate and House of Representatives of the state of Mississippi, in General Assembly Duty of reporter of convened, That from and after the passage of this act, it decisions of shall be the duty of the reporter of decisions of the supreme

supreme

court.

court, to deposite in the office of the secretary of state,

fifty copies of each and every volume of cases so by him. reported, in full calf binding, to be distributed as is now directed by law.

sation of

SEC. 2. And be it further enacted, That for the copies so deposited in the office of secretary of state, the reporter Compenshall be paid out of the treasury of the state, the sum of reporter. four dollars per page, for the number of pages contained in one copy of each and every volume; for which sum, the auditor shall issue his warrant, as is directed by the act, to which this is an amendment; and that all acts, and parts of acts, coming within the purview and meaning of this act be, and the same are hereby repealed.

Approved, February 11, 1828.

AN ACT, to prevent the damages which may happen by the firing of woods, marshes and prairies.

woods,

fire

prairies.

SEC. 1. Be it enacted by the Senate and House of Representatives of the state of Mississippi, in General Assembly convened, That whosoever shall, at any time, wilfully set Penalty for setting on fire any woods, marshes, or prairies, within this state, so on as to occasion any loss, damage or injury to any other per- marshes son, every person so offending, and being thereof legally and convicted in the circuit court of the county in which the offence is committed, shall pay a fine not exceeding five hundred dollars, and not less than fifty dollars; the one half of such fine to be paid into the literary fund, and the other half to the county treasurer, for the use of the county; and any person who shall wilfully set on fire any woods, marshes or prairies, shall be fined in a sum not exceeding one hundred dollars, to be received and paid as aforesaid, although no private injury ensue thereby.

to

make satis

SEC. 2. And be it further enacted, That every person Persons who shall set fire to any wood, marsh or prairie within liable this state, and thereby occasion any loss, damage or injury faction for to any other person, shall be, and is hereby declared liable injury done others by to make satisfaction for the same, in an action or actions on firing the case, to be brought by the party aggrieved, in any court

woods.

of record within this state, having competent jurisdiction; or, if the party injured shall not demand above fifty dollars for his loss or damage, it shall or may be lawful for such person to apply to any justice of the peace of the county How to where the offence is committed, who is hereby empowered prosecute and required by his warrant, to cause the party offending his remedy. to be brought before him, or some other justice of the peace. of the same county; and, if upon examination it shall appear to the justice, by the testimony of one or more creditable persons, that the defendant is guilty of the charge exhibited against him, then the said justice shall issue his warrant to three householders of the county, commanding them in the presence of the defendant, if he will be present, to view the place or thing damaged, or inquire into the loss sustained by the plaintiff, and to certify to the said justice, upon their oath or affirmation, what damage, in their judgment, the plaintiff hath sustained, by occasion of the premises; and, upon the return of said certificate to the said justice, he is hereby directed to grant execution for the recovery of the said damages, together with costs of prosecution, as is usual in the recovery of debts under fifty dollars.

At what

may be set

on fire.

SEC. 3. And be it further enacted, That nothing in this act shall be construed, so as to prevent any person or pertime woods sons from setting on fire any wild unappropriated domain within this state, whether the same be woods, marsh or prairie, between the first day of February and the first day of May in every year hereafter, or from setting on fire any rubbish, leaves or brush in the farm or plantation of such person or persons, as often as occasion may require, if the same be done without the intention of setting on fire the adjacent woods, marshes or prairies not owned, possessed or occupied by such person.

Master lia

SEC. 4. And be it further enacted, That when any offence shall be committed under this act, by any slave or servant with the knowledge or command of his or her master or misble to fine tress; then his or her master or mistress shall be liable for, committed and bound to pay the fines imposed by this act, and all damages as aforesaid, which payment shall be enforced by execution as in ordinary cases.

for offence

by servant.

receive

lashes.

SEC. 5. And be it further enacted, That whenever any offence shall be committed against the provisions of this Servant to act, by any slave or servant, without the knowledge of his thirty-nine or her master or mistress, and shall be thereof convicted before any justice of the peace, where such offence shall be committed, the said justice shall thereupon sentence such slave or servant to receive thirty-nine lashes on his or her bare back; and any sheriff or constable of the said county, may be required to execute the same.

This act

to extend to certain

SEC. 6. And be it further enacted, That the provisions of this act shall only extend to, and be in force in the counties of Hancock, Green, Perry, Wayne and Jones; and all acts and parts of acts, coming within the purview and mean- counties ing of this act shall be, and the same are hereby repealed. Approved, February 16, 1828.

only.

AN ACT, to amend an act entitled 'an act, to amend the 45th section of the act, entitled an act, to reduce into one the several acts, concerning the establishment, jurisdiction and powers of the superior courts of law,' passed 28th June, 1822, and for other purposes.

All actions

at law ex

cept real or

mixed actions, tria

term

of

SEC. 1. Be it enacted by the Senate and House of Representatives of the state of Mississippi, in General Assembly convened, That the first sections of the act, to which this is an amendment, shall be so construed and extended, as to make all actions at law, whether sounding in damages merely, or founded on contract, except real and mixed ble at first actions, triable at the first term of the court before which court. such action may be commenced: Provided, The declaration in such action shall be filed in the clerk's office at the time of issuing the writ, and the writ be served at least twenty days before the term of the court to which the same is returnable and Provided, also, That the clerk or plaintiff's attorney shall endorse on said writ, that 'judgment will be required at the return term.'

Proviso.

Repealing

reviv

SEC. 2. And be it further enacted, That the second section of the act, to which this is an amendment, be and the and same is hereby repealed; and the fourth section of the act, ing clause. entitled 'an act, for the limitation of actions, and certain