LAWS

OF THE

STATE OF MISSISSIPPI.

AN ACT, to appropriate the moneys arising from the rents of school lands, 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 it shall hereafter be lawful for the resident heads of families, in each township or fractional township, within this state, (entitled to vote by law for representatives for the state legislature) wherein lands have been Trustees to reserved by act of congress, for the use of schools, to as- be elected. semble at some convenient place, near said school section, on the second Monday in February, annually, or any other convenient time, public notice being given by advertisement for two weeks at three of the most public places within said townships, and when so assembled shall proceed to elect by ballot five persons residing within said township, as trustees of schools, and school lands within the same; which election shall be held under the direction of some justice of the peace, or two heads of families; the trustees aforesaid shall continue in office for one year and no longer unless reelected, and in case of death, removal, refusal to act, another election shall be held in like manner, to supply such vacancy.

SEC. 2. And be it further enacted, That it shall be the duty of the trustees so elected, at their first meeting, to choose one of their own body, to preside and to keep order;

Vacancies

how filled.

officers to

Treasurer.

Treasurer

and whenever he may deem it necessary, may call a meeting Certain of the trustees, by advertising as aforesaid; it shall also be be chosen. their duty, at their first meeting, to elect a treasurer of their own number, who with the other trustees, shall take into consideration the situation of the school sections, and how to apply the money, arising from the lease or rents of the same, for the promotion of learning; and the treasurer so appointed, is hereby authorized to demand and receive all moneys which have been collected, from the townships respectively, which have been paid into the county treasury or may reDuty of main in the hands of any person or persons whomsoever, together with all moneys that may be due from time to time, on the account of rents of school lands, in their townships or fractional township, and to keep the same subject to the order of a majority of the trustees; and any treasurer, in case of refusal to pay the same, or to account for the whole or any part of the moneys of which he is intrusted, for the use of schools, at any time, when called upon, by a majority of the may be proceeded trustees, may, and shall be proceeded against,by said trustees as in case of debt. It shall be the duty of the treasurer to Shall enter cause to be entered in a book, to be kept for that purpose, Trustees in all orders of the trustees for the payment of money, and in what manner appropriated, which book shall be open for the inspection of any person wishing to see the same; and in case of death, removal, or refusal to act, said book shall be delivered over to the treasurer, elected in his room. The said treasurer shall give bond and security, payable to Shall give the president and his successors in office, in such sum as a bonds, &c. majority of the said trustees shall order and direct-conditioned, that he will faithfully discharge the duties of treasurer, and that he will safely keep, and account for all moneys arising from the rents or leases of the school lands, within the said township; and the said treasurer is hereby authorized and required to institute suit or suits, before any court having competent jurisdiction thereof, for the recovery of any moneys that may be now due from any person or persons, or that may hereafter become due, from the lessees of the said land.

against.

orders of

a book.

SEC. 3. And be it further enacted, That the trustees shall cause to be built, such convenient school house, or school

have school

houses, on the sections reserved for the use of schools, as they may think best suited to the general interest of the Trustees to families resident within the township, and to pay the ex- houses built penses in whole or in part, out of any money in their treasurer's hands; and the trustees shall make all such rules and regulations, that they may deem expedient, not contrary to law, nor to the equal privileges of the resident heads of Further families, and the trustees as aforesaid, shall employ such duty of suitable person or persons, as teachers, to continue during the pleasure of the trustees, and to pay the same either in whole or in part, out of any moneys in their treasurer's hands.

trustees.

SEC. 4. And be it further enacted, That the trustees aforesaid, shall carefully and faithfully, preserve the school To preserve lands and timber thereon, from all improper waste; and land from improper shall institute suits in any court having competent jurisdic- waste. tion, against any person or persons, tenants, as well as others, who may be found damaging, in any manner, the lands, timber or improvements, reserving to tenants the full liberty of their several leases; and any money thence aris- Money how ing, shall be appropriated to the same uses, as other moneys P appropriatin the township treasurer's hands; and the trustees shall from time to time, on the expiration of the leases already granted, as well as any land not heretofore so let out, rent the whole or any part, to the highest bidder, for any term not exceeding five years, public notice having been first be leased. given, for the space of six weeks before the said land is to be leased out or rented.

ed.

Land to

clause.

SEC. 5. And be it further enacted, That the seventeenth, eighteenth, nineteenth, and twentieth sections of the act, Repealing entitled 'an act, to establish a literary fund and for the encouragement of learning,' and all other acts and parts of acts, coming in the purview and meaning of this act, be and the same are hereby repealed: Provided, however, That nothing in this act, shall be so construed, as to affect the disposition hereunto made of the lands, upon which the town of Columbus, in the county of Monroe, is situated. Approved, January 9, 1824.

Ten per

AN ACT, to amend an act, entitled 'an act, to extend the power and jurisdiction of the County Court in and for the county of Monroe and for other purposes.

SEC. 1. Be it enacted by the Senate and House of Representatives of the state of Mississippi, in General Assembly cent. dama convened, That if any defendant shall appeal, and the judgpaid, if ap- ment of the county court is by the circuit court confirmed, peal is con- the defendant shall pay besides the judgment, interest and

ges to be

firmed.

Repealing clause.

costs, ten per centum, damages on the amount so affirmed.

SEC. 2. And be it further enacted, That the fourth section of the act, to which this is an amendment, be and the same is hereby repealed.

Approved, January 10, 1824.

AN ACT, to constitute a Fifth Brigade of Militia.

SEC. 1. Be it enacted by the Senate and House of Representatives of the State of Mississippi, in General Assembly convened, That the counties of Monroe, Yazoo, Copiah and Hinds, shall constitute the fifth brigade, and be styled the third brigade of the first division, to be officered and commanded in the same manner, as other brigades in this state.

SEC. 2. And be it further enacted, That all acts, and parts of acts to the contrary, be, and are hereby repealed. Approved, January 12, 1824.

AN ACT, to alter and amend an act, entitled 'an act, to reduce into one, the several acts, and parts of acts concerning the establishment, jurisdiction and powers of the Superior Courts of law.'

SEC. 1. Be it enacted by the Senate and House of Representatives of the State of Mississippi, in General Assembly convened, That whenever any suit shall be commenced in of the courts in this state, founded on any writing, Court any receive whether the same be under seal or not, the court before evidence of whom the same is depending, shall receive such writing debt, &c. as evidence of the debt, promise, undertaking or duty, for

to

writing

as

I for defen

which it was given; and it shall not be lawful for the defendant, or defendants, to deny the execution of any such Not lawful writing; unless, it be by plea, supported by affidavit of the dant to deny truth thereof, to be filed therewith, at the time such plea is filed.

SEC. 2. And be it further enacted, That in all suits which are now depending and undetermined, in the several courts in this state, having jurisdiction thereof, founded on any such writing, the court before whom the same is depending, shall receive such writing as evidence of the debt, promise, undertaking or duty, unless the defendant, or defendants in any such suit, shall within the time limited for pleading in the said court, at the next term after the passage of this act, deny the execution of such writing, by plea accompanied by affidavit as prescribed in the foregoing section.

SEC. 3. And be it further enacted, That whenever any person or persons, other than the person or persons purporting to have executed any such writing, shall be defendant or defendants, the court before whom such suit is depending, shall receive such writing, as evidence as aforesaid, unless the defendant, or defendants shall make oath, that he, she or they, verily believe, that the said writing was not executed by the person or persons, by whom it is alleged to have been executed.

Approved, January 13, 1824.

the same.

When de

make oath.

fendant may

AN ACT, directing the mode of choosing Electors to vote for a 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 for the purpose of electing three electors Manner of choosing to choose a president and vice-president of the United electors to States, the qualified voters in this state, shall meet at their vote for prerespective court-houses, or places appointed by law for vice presiholding elections in their respective counties, on the first U. States. Monday in November next, and vote for three persons, who shall be residents of this state, as electors to vote for

sident and

dent of the