clause.

said achools, according to the number of resident students of each; any law to the contrary notwithstanding.

SEC. 2. And be it further enacted, That so much of the Repealing third section of the above recited act, as contravenes the provisions of this act, be, and the same is hereby repealed. Approved, February 4, 1829.

AN ACT, to provide for giving notice to absent defendants 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 whenever a cause shall be removed to the supreme court, by writ of error, and the court is satisfied, that the defendant in error is a non-resident, and has no attorney of record within this state, it shall be the duty of the said court, to cause notice of the pendency of said cause to be published for three weeks in some public newspaper, the first of which, shall be at least three months before the sitting of the next term of the court in which proof of which

the case is pending, within this state, on

publication, the court shall proceed to hear and determine said cause, in the same manner, as if process had been actually served upon the said defendant.

Approved, January 29, 1829.

AN ACT, to repeal the nineteenth section of an act, passed June 22, 1822, entitled 'an act to reduce into one, the several acts, concerning executions, and for the relief of insolvent debtors.

SEC. 1. Be it enacted by the Senate and House of Representatives of the state of Mississippi, in General Assembly convened, That the nineteenth section of the above recited act, be, and the same is hereby repealed, provided that the said repeal shall not effect existing judgments.

Approved, February 6, 1828.

AN ACT, to amend the ninety-seventh section of the ninth chapter of the Revised Code.

of certain

SEC. 1. Be it enacted by the Senate and House of Repre· sentatives of the state of Mississippi, in General Assembly Provisions convened, That the provisions of the ninety-seventh sec-section tion of the above recited act, be extended so as to embrace extended. the guardians of minors and persons incapable in law to manage their own estate.

In what case real

of

minor heirs

ference

to

SEC. 2. And be it further enacted, That when the estate of any deceased person, or the property of any minor or minors, shall consist of lands or other real estate, and slaves estate or other personal property, and the county and probate court sold in preof the proper county shall be of opinion that the interest personal of the said estate, or the said minor or minors will be pro- property. moted by the sale of the lands or other real estate in preference of the slaves and other personal property, the said court may, at its discretion, order the sale of said lands and other real estate, instead of the slaves and other personal property, on such credit, not exceeding four years, as the said court may be of opinion will best promote the interest of the said estate, or the interest of the said minor or minors, the purchaser giving bond and security, as required in other ca es of the sale of property of deceased persons,

of minor

to be sub

payment of

SEC. 3. And be it further enacted, That when any real or personal property, or both, of any deceased person, or of Property any minor, shall be sold by order of any probate court, or heirs when any county and probate court, on a credit, the said pro- der of prosold by orperty shall be held and remain subject and liable to the bate court payment of the sum or sums for which it was sold, and the ject for interest and costs accruing thereon, in preference of any purchase other claim or claims against the purchaser of such pro- money perty, or the assignee of such purchaser, and shall be liable gage. to the payment thereof, in the same manner as if a mortgage had been taken on the said property to secure the payment thereof, any law, usage, or custom to the contrary notwithstanding.

as

by mort

SEC. 4. And be it further enacted, That the fifth section Repealing of an act, entitled an act, to amend an act, entitled an act,

clause.

to reduce into one the several acts concerning last wills and testaments, the duties of executors, administrators and guardians, the rights of orphans, and other representatives of deceased persons, passed the twenty-eighth day of January, eighteen hundred and twenty-six be, and the same is hereby repealed.

Approved, January 29, 1829.

AN ACT, to attach a portion of Hinds county to Madison county.

SEC. 1. Be it enacted by the Senate and House of Representatives of the state of Mississippi, in General Assembly convened, That the parts of fractional township, seven, in ranges two and three, east of the basis meridian, which are in Hinds county, be, and the same is hereby attached to Madison county.

Approved, February 5, 1829.

AN ACT, further to provide for the distribution of the Journals of each house of the General Assembly.

SEC. 1. Be it enacted by the Senate and House of Representatives of the state of Mississippi, in General Assembly convened, That in addition to the persons now authorized by law to receive the journals of each house of the general assembly, the several justices of the peace in this state shall be authorized to receive a copy of each, for the use and benefit of their respective beats.

Approved, February 4, 1829.

AN ACT, relative to salary officers.

SEC. 1. Be it enacted by the Senate and House of Representatives of the state of Mississippi, in General Assembly convened, That hereafter, any officer of this state who receives a salary compensation, and who is prohibited by

law from absenting himself from this state without leave, shall be, and he is hereby authorized at any time when the duties incumbent on his office will best permit, and when his private business requires to absent himself, not more than one month in any one year, without a deduction of his salary: Provided, that the secretary of state and auditor of public accounts, shall, while absent, leave their offices so attended as to produce no injury to persons having business in said offices.

Approved, February 5, 1829.

AN ACT, to repeal an act, entitled an act, further to amend an act, entitled an act, concerning Attorneys and Counsellors at Law.

SEC. 1. Be it enacted by the Senate and House of Representatives of the state of Mississippi, in General Assembly convened, That an act further to amend an act, entitled an act, concerning attorneys and counsellors at law, approved February the fourteenth, eighteen hundred and twentyeight, be, and the same is hereby repealed.

Approved, February 4, 1829.

AN ACT, to close the accounts between the states of Mississippi and Alabama.

SEC. 1. Be it enacted by the Senate and House of Representatives of the state of Mississippi, in General Assembly convened, That the governor of this state, for the time being, be, and he is hereby authorized and required to assign, transfer, and set over to the governor of the state of Alabama, and his successors in office, for the use and benefit of said state, all bonds, accounts, and evidences of debt, held by the state of Mississippi against the defaulting tax collectors that resided in the counties now composing a part of said state of Alabama, when the separation between the two states took place, whenever he may be informed that the legislature of said state of Alabama, in consideration thereof, by an act or resolution, hath released this state

from all claim, or claims, whatsoever, growing out of said separation.

Approved, February 5, 1829.

AN ACT, to amend the Laws in relation to Escheats.

SEC. 1. Be it enacted by the Senate and House of Representatives of the state of Mississippi, in General Assembly In what convened, That in case any resident of this state shall die, inherit leaving no lineal or collateral relations, capable of inherit

case widow

to

husband's

estate.

P. Creyon's

ing, but shall leave a widow, such widow shall inherit the whole estate.

SEC. 2. And be it further enacted, That the estate of Peter Creyon shall be, and the same is hereby exempt from estate not the operation of the escheat laws, and the whole of said estate shall inure to Ann Creyon, the widow and relict of the said Peter Creyon.

to escheat.

Approved, February 4, 1829.

AN ACT, further to increase the penalty for the crimes of adultery and fornication.

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 or persons shall hereafter be convicted of adultery or fornication, in addition to the penalties prescribed in the fifty-eighth section of an act, entitled 'an act, for the punishment of crimes and misdemeanors,' he or she shall be imprisoned at the discretion of the court, not exceeding six months.

Approved, January 24, 1829.

AN ACT, to change the places designated by law for holding the sessions of the eastern board of Medical Censors.

SEC. 1. Be it enacted by the Senate and House of Representatives of the state of Mississippi, in General Assembly convened, That hereafter the sessions of the eastern board