Sheriff's

chartered limits of this state, now occupied by the Chickasaw and Choctaw tribes of Indians, as aforesaid, which is not herein particularly described, and given to the jurisdiction of the respective counties herein named: Provided, that nothing in this act contained, shall be so construed, as to apply to any individual of either of the aforesaid tribes. SEC. 3. And be it further enacted, That for every mile fees for the sheriff of the several counties mentioned in this act, serving may necessarily be compelled to travel in executing the process contemplated and specified in this act, they shall be entitled to receive the sum of six and one quarter cents per mile, to be paid as costs in other cases, in going and returning.

Approved, February 4, 1829.

process.

AN ACT, explanatory of certain Statutes of Limitation. Whereas doubts have arisen as to the true intent and meaning of the second section of the eighty-fifth chapter of the acts passed in the year eighteen hundred and twentyseven, and also of the second section of the eighty-ninth chapter of the acts passed in the year eighteen hundred and twenty-eight, the provisions of the said act of eighteen hundred and twenty-seven, having been erroneously construed, as operating a repeal of the statute of limitations of eighteen hundred and twenty-two, in the several actions enumerated in the fourth section of the twenty-first chapter of the revised code; and whereas the period of time barring the said several actions enumerated in the said fourth section of the twenty-first chapter of the said code, was alone intended to be altered by the said act of eighteen hundred and twenty-seven, namely: from six to three years, excepting actions on promissory notes, as to which, the provisions of the said act of eighteen hundred and twenty-two remained unchanged; and whereas the said act of eighteen hundred and twenty-seven was repealed, and the original provisions of the said fourth section of the twenty-first chapter of the said code, revised by the said act of eighteen hundred and twenty-eight-Therefore;

Preamble.

Act 1827

con

SEC. 1. Be it enacted by the Senate and House of Repreof sentatives of the state of Mississippi, in General Assembly strued and convened, That the said act of eighteen hundred and explained. twenty-seven shall be so construed as not to repeal the act of limitations of eighteen hundred and twenty-two, in the several actions embraced in the fourth section of the twentyfirst chapter of the revised code, but only as an alteration of the time required to bar said actions, and that the said act of eighteen hundred and twenty-seven shall not be so construed as to revive any cause of action which was barred under the said fourth section of the twenty-first chapter of the said code, at the time of the passage of the said act of eighteen hundred and twenty-seven.

Act 1828

strued.

SEC. 2. And be it further enacted, That the said act of of eighteen hundred and twenty-eight, repealing the said con- second section of the act of eighteen hundred and twenty

seven, and reviving the said fourth section of the twentyfirst chapter of the revised code, shall not be so construed as to revive any cause of action barred or intended to be barred under either of the said acts of eighteen hundred and twenty-two or eighteen hundred and twenty-seven, at the time of the passage of the said act of eighteen hundred and twenty-eight.

Approved, January 29, 1829.

AN ACT to provide for the location of a permanent seat of justice, for the county of Madison.

SEC. 1. Be it enacted by the Senate and House of Representatives of the state of Mississippi, in General Assembly Election to convened, That on the first Monday in March next, and the be held for day following, an election shall be held at the several places sioners to of holding elections in the county of Madison, by the citiof justice zens thereof (of one month's residence,) for the purpose of for Madison electing five commissioners to select a site for the seat of

commis.

locate seat

county.

justice, in and for said county, which election shall be conducted by the sheriff of said county, in the manner prescribed by the laws regulating elections of members of the general assembly.

summons

sioners

Their oath.

SEC. 2. And be it further enacted, That it shall be the duty of the sheriff of said county, at as early a period after Sheriff to the election as may be convenient, to summons the said com- commismissioners elect, to appear before some judge or justice of elect. said county, when and where they shall severally take and subscribe the following oath: 'You do solemnly swear (or affirm) that you will choose and select the most eligible situation for a seat of justice, in and for the county of Madison, to the best of your judgment, without favour, partiality, or prejudice, so help you God'-which oath shall be certified by the officer before whom it is taken, and by him deposited with the clerk of the county court, to be recorded.

sioners may

nation for

SEC. 3. And be it further enacted, That the said commissioners shall have power to contract for, or receive as Commisa donation, and cause to be conveyed to the county of receive doMadison, such tract of land as they may select, of not less than twenty, nor more than one hundred acres; and lay off or cause to be laid off, so much thereof in town lots as they may deem necessary.

county site.

co. court.

to

SEC. 4. And be it further enacted, That when the said commissioners shall have performed the duties required of To make them, they shall make a full, ample, and correct report of report their proceedings, accompanied by a plat of said town to the county court of said county, who shall have power to cause to be sold at such time, and on such terms, so much of the said tract of land, or so many of said lots as they may deem deem proper, and convey the same to purchasers by deed, signed by the chief justice of said county court; which deeds when so executed, shall vest a good and perfect fee-simple title to the person or persons, corporation or corporations, in whose favour they are intended to be made, and appropriate the money arising therefrom to the erection of a jail and court-house for said county.

cause lots

SEC. 5. And be it further enacted, That if the said court shall think proper to cause said town lots or land to be sold Court may on a credit, they shall secure payment by notes, with good to be sold security, made payable to the chief justice of the county on a credit. court of Madison county, and his successors in office, who shall have power to collect the same by suit in any court having competent jurisdiction.

tract for

court-house

and and

SEC. 6. And be it further enacted, That the said county May con court shall have power to contract for, and cause to be building erected on a suitable place on the tract of land hereby dijail, rected to be selected for a seat of justice, a good and suffimay cient jail and court-house for said county; and if they find levy tax. the money arising from the sale of said town lots to be insufficient for the purpose, they are hereby authorized to levy a special tax, not to exceed the state tax.

to

SEC. 7. And be it further enacted, That the tax cotCollector lector for said county, shall give bond with good and give sufficient security to the chief justice of the county court,

bond.

conditioned, that he will faithfully assess, collect, and pay into the county treasury, the said special tax, for which he shall receive, as compensation, the same per centum as is provided by law for the collection of the state tax.

SEC. 8. And be it further enacted, That the several Courts to courts of the county of Madison, shall continue to be held be held at at Beaty's bluff, until the county court shall certify that Beaty's bluff, until the court-house directed to be built, is ready to receive the new court- several courts; which certificate shall be inserted three times in some newspaper in this state.

house

ready.

is

Powers of

SEO. 9. And be it further enacted, That the county court of said county, shall have power to sell and convey co. court. all the real property thereof which they may deem proper, and provide for, and settle all just claims against the said county that may now exist, for services performed, and contracts entered into and executed for the county.

SEC. 10. And be it further enacted, That the county court of Madison county, shall have power to re-convey, May reconvey land to or cause to be re-conveyed to William Shaw, all, or such Wm. Shaw. part of the tract of land donated to the said county by him

for a county seat, as may be just and equitable: Provided, that the said county court shall still retain the right of selling or removing the court-house erected thereon.

SEC. 11. And be it further enacted, That the said county court shall have power to cancel all notes or bonds given May cancel bonds given to the commissioners for the erection of public buildings in said county, on condition that the makers or obligees shall re-convey to the said William Shaw the lots of land, for the purchase of which they were given.

to commis

sioners.

be applied

SEC. 12. And be it further enacted, That all moneys Moneys to arising from the sale of county property, shall be applied to erection to the erection of publie buildings.

of public buildings.

county

SEC. 13. And be it further enacted, That the seat of justice of Madison county hereinbefore directed to be se- Name of lected, shall be known and called 'Livingston'-all acts and site. parts of acts, coming within the meaning and purview of this act, be, and the same are hereby repealed. Approved, January 28, 1829.

AN ACT, to amend an act, entitled 'an act, to reduce into one, the several acts, concerning slaves, free negroes and mulattoes,' passed 18th June, 1822.

tion of the

SEC. 1. Be it enacted by the Senate and House of Representatives of the state of Mississippi, in General Assembly convened, That the fifty-second section of an act, passed Construc18th June, 1822, entitled 'an act, to reduce into one, the act of June several acts, concerning slaves, free negroes, and mulat- 1922. toes'-when the killing does not actually occur, shall be so construed as to render the proof of malice aforethought express, to subject the persons or persons therein named, to capital punishment: Provided, no proof of express Proviso. malice shall be required when the assault and battery is committed by a slave, upon his or her master, employer or overseer, in resistance of legal chastisement.

of slave for

white per

son with

to

SEC. 2. And be it further enacted, That if any slave or slaves shall, at any time commit an assault and battery upon Punishment any white person, with intent to kill, where implied malice assault on only is shewn, every such slave or slaves, so committing such assault and battery, with intent to kill, as aforesaid, intent and being thereof convicted, in the manner prescribed by law, shall receive any number of lashes, not exceeding one hundred on each day, for three days in succession. Approved, January 28, 1829.

kill.