volunteer

SEC. 4. The officers and non-commissioned officers, in Officers of addition to the duties required of them by the rules of their corps subcorps shall be liable to all the other duties prescribed for same duties ject to the the other commissioned and non-commissioned officers of and penalthe same rank in the regiment, and shall be subject to the other same penalties in case of delinquencies.

SEC. 5. When any person belonging to a volunteer

ties of

officers.

Persons

corps shall appear at any regimental or battalion parade appearing

without

to be struck

without his complete equipments, his name shall be struck on parade from the corps by the captain, and notice given of the same equipment, to the officer commanding the beat in which such person from roll. resides. The same notice shall be given in all cases of the expulsion or resignation of a member of the corps.

When

volunteer

ed.

SEC. 6. Every troop or company of cavalry, every company of light infantry, grenadiers, artillery and riflemen, which shall not at any inspection and review have at least corps shall thirty-two members mounted or armed and equipped as the be disbandlaw directs, either present on parade or absent, and conclusively proved by oath so to be mounted or armed and equipped, shall be immediately reported by the inspector, adjutant, or officer acting as such, to the commanding officer present, who shall, thereupon, without delay, disband the said troop or company in orders, and give notice thereof to the commander-in-chief; and the commissioned and non-commissioned officers, musicians and privates of such troop or company shall be returned into the ranks and enrolled in the company within whose beat they respectively reside.

regiment

SEC. 7. All companies or troops of cavalry at present organized, or that may hereafter be organized within this To what state, shall be and remain under the command, and subject attached. to the orders of the commandant of the regiment in which the commanding officer of such company shall reside, and of the superior officers thereof, and shall attend all regimental and battalion musters of the regiment or battalion in which the commanding officer of such company shall reside, as aforesaid, and shall in all other respects not provided for, conform to the rules and regulations established for the government of said regiment; shall be attached to the regiment in which they are formed.

member of

Officer or SEC. 8. No officer or member of a volunteer corps, now volunteer existing or which may be formed under the provisions of this act, and who is duly enrolled and equipped shall be compelled by any court in this state to serve as tales juror juror. in civil cases.

corps exempted

from serving as tales

cate any

sion.

ARTICLE TWENTY-THIRD.

This act SEC. 1. Nothing contained in this act shall be so connot to va strued as to vacate or impair any commission of officers at commis- present in commission, so far as regards rank and grade. SEC. 2. The commander-in-chief and the major generals Comman shall be, and are hereby constituted a military board, for der in chief the purpose of determining and settling any disputes or generals to controversies which may arise between officers of equal

and major

constitute

military

board.

rank, in relation to their commands, and the decision of said board shall be final upon the subject.

SEC. 3. There shall be five hundred copies of this law printed, in pamphlet form, for the use of the officers of the militia, to be distributed throughout the several counties of this state.

Approved, February 12, 1830.

AN ACT, relative to the distribution of the Laws and Journals of both houses 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 the sum of four hundred dollars be annually appropriated for the purpose of compensating such person or persons as the secretary of state may employ, to distribute the laws and journals of the general assembly.

SEC. 2. And be it further enacted, That the auditor of public accounts is hereby authorized and required to issue his warrant on the state treasury for the said amount, or any part thereof, on the certificate of the secretary of state, that the person or persons employed to distribute the said laws and journals, have deposited in his office the receipts of the clerks of the circuit court of the several counties within this state.

Approved, February 11, 1830.

AN ACT, further to amend the several acts and parts of acts, relating to the powers and jurisdiction of the circuit courts of law of this state, and for other purposes.

Person

may sign an con

fession of

of

SEC. 1. Be it enacted by the Senate and House of Representatives of the state of Mississippi, in General Assembly convened, That, hereafter, when any person or persons indebted to shall be indebted to any other person or persons, in a sum another or sums of money, within the jurisdiction of the circuit office court of any county of this state, on any bond, bill, pro- judgment in missory note, cotton receipt, or other written contract, the clerk's covenant or agreement, it shall and may be lawful for such the circuit person or persons so indebted, to sign an office confession of judgment, in the clerk's office of the circuit court of the county in which he, she, or they may reside, under such restrictions, and on condition that such person or persons to whom he, she, or they may be so indebted, will comply with the requisitions of this act, hereinafter mentioned.

court.

clerk.

SEC. 2. And be it further enacted, That on application of any person or persons, who is, or may be at the time of Duty of such application, the legal holder or holders, assignee or assignees, bearer or bearers, of any such bond, bill, promissory note, cotton receipt, or other written contract, covenant or agreement, as mentioned in the first section of this act, to the clerk of the circuit court of any county of this state, in which the maker or makers, endorser or endorsers of such bond, bill, note, receipt or other written contract, covenant, or agreement may reside, it shall be the duty of such clerk to furnish him, her, or them, with a statement or form of the following tenor and effect, viz: The state of Mississippi, in the circuit court of the county of

to

Form of dollars statement by plaintiff.

term, 18- A. B. says, on oath, that C. D. is justly indebted to him, to the amount of and cents, or thereabouts, on an instrument of writing in the following words and figures, viz: [here copy the same] and in case of endorsement say, endorsed as follows, viz: [here copy the endorsement] which remains due and unpaid, and was not given for a fraudulent or

Form of named A. B. in the sum of

acknowl

defendant.

I do hereby acknowledge myself indebted to the above dollars and — cents, edgment by including interest, up to the first day of the next term of the court aforesaid, and give my consent for judgment to be rendered against me, at the next circuit court, for said amount, and all legal cost accruing thereon, with or without stay of execution, as may be agreed on in writing by the parties.

Signed and acknowledged before me, the

C. D.

day of Clerk.

SEC. 3. And be it further enacted, That it shall be the Clerk to re- duty of the clerk aforesaid, on the application of any perment of son or persons, as aforesaid, to take the statement of the plaintiff and plaintiff or plaintiffs, on oath, to be administered by himself

quire state

acknowl

defendant

on oath.

edgment by or deputy, in the manner and form, or effect prescribed by the second section of this act. And it shall be the duty of the said clerk, on the application of the defendant or defendants, to take his, her, or their acknowledgment in writing, and witness the same in the manner and form, or to the effect prescribed by the preceding section of this act.

Clerk to

docket

causes in

regular order.

SEC. 4. And be it further enacted, That it shall be the duty of the clerk, on the filing of the bond, bill, note, receipt, or other written contract, covenant, or agreement on which suit is intended to be instituted, and when a statement is made out, sworn to, and subscribed by the plaintiff or plaintiffs-his, her, or their authorized agent or attorney, and acknowledged by the defendant or defendants, to docket such causes, in the order in which the same are filed in his office, in a bound book, to be by him kept for that purpose.

SEC. 5. And be it further enacted, That it shall be the Court to duty of the court, at the next term, on the second, or such take UP other day of the term as the said court may think proper, render to take up the docket, and render judgment thereon, in the thereon, in order in which said causes stand arranged on said docket,

causes and

judgment

which they

are docket

for the amount acknowledged to be due by the defendant, the order in with such stay of execution as may be agreed on in writing between the parties; and such judgments, so rendered, ed. shall be final on the last day of the term of the court at Judgment

which the same are rendered: unless it shall be made to to be final. appear to the satisfaction of the court, that some error or mistake has been committed, or that fraud has been intended; in either case the court shall direct an issue to be made up, a jury empannelled, and the cause tried at the same term of said court, unless good cause be shown for continuance-as in other cases.

SEC. 6. And be it further enacted, That the judgments,

to be bind

so rendered, under the provisions of this act, shall, on the Judgment last day of the term, be as binding and as obligatory, and ing. answer all the purposes of a judgment rendered according to the provisions of the act to which this is an amendment. SEC. 7. And be it further enacted, That it shall be the duty of the clerk to make up, and enter in his record book, record a full and complete record of all the proceedings in such the prosuits, within the time, and under the penalty prescribed by said suits. the one hundred and fifty-sixth section of the act to which this is an amendment.

Clerk to all

ceedings in

the clerk

SEC. 8. And be it further enacted, That for the services rendered under the provisions of this act, the clerk shall Fees of receive and charge in the bill of cost, the following and no and sheriff. other fees: For making out the papers in the cause, fifty cents. For docketing, twelve and one half cents. For filing the papers relating to the cause, twelve and one half cents. For entering judgment thereon, twenty-five cents. For making up final record, one dollar. For issuing execution and services rendered, subsequent to the rendition of judgment, the clerk and sheriff shall be entitled to the same fees now allowed by law in other cases, and in no case whatever shall any attorneys' fees be taxed in the bill of costs.

Approved, February 10, 1830.