AN ACT, to authorize the trustees of school lands lying in the county of Pike, to lease the same for a term of years, 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 the trustees of school lands lying in the counties of Pike, Wayne, Jones, Covington and Copiah, be, and they are hereby authorized to lease the several sixteenth sections in said counties, reserved for schools, for a term of years not exceeding fifteen.

SEC. 2. And be it further enacted, That all acts, and parts of acts, contravening the provisions of this act, be, and the same are hereby repealed.

Approved, December 13, 1830.

AN ACT, to authorize a change of Venue, in criminal cases.

SEC. 1. Be it enacted by the Senate and House of Representatives of the state of Mississippi, in General Assembly convened, That from and after the passage of this act, it shall and may be lawful for any circuit or criminal court in this state, or any judge thereof, in vacation, to change the venue in criminal cases to any adjoining county, on a sufficient shewing being made by the prisoner on oath, supported by the testimony of one or more credible witnesses, that he cannot have a fair and impartial trial in the county where the offence is charged to have been committed.

SEC. 2. And be it further enacted, That all acts and parts of acts contravening the provisions of this act, be and the same are hereby repealed.

Approved, December 9, 1830.

AN ACT, to regulate the collection of wharfage.

SEC. 1. Be it enacted by the Senate and House of Representatives of the state of Mississippi, in General Assembly convened, That from and after the passage of this act, no

city, town, or corporation, shall levy or collect any wharfage from the owner or agent of any steamboat, other boat or craft on the Mississippi river, within the limits of this state, unless such city, town or corporation shall have erected a good and sufficient wharf, and such steamboat, other boat or craft shall land and make use of such wharf.

SEC. 2. And be it further enacted, That all acts and parts of acts coming within the purview and meaning of this act, be and the same are hereby repealed.

Approved, December 16, 1830.

AN ACT, to repeal a part of the act, to suppress duelling, passed June 13th, 1822, and amendatory thereto.

SEC. 1. Be it enacted by the Senate and House of Representatives of the state of Mississippi, in General Assembly convened, That so much of the acts of this state, on the subject of duelling, as requires an oath to be taken by the officers of the government, be and the same is hereby repealed.

Approved, December 13, 1830.

AN ACT, to amend an act entitled 'an act to amend the several acts relative to the public revenue.'

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 six and one-fourth cents per head be assessed, levied and collected, in addition to the sum prescribed in the act to which this is an amendment, on all stocks of cattle within this state, belonging to persons without the limits of the same, be assessed, levied and collected; and applied to the purposes prescribed in the above recited act.

Approved, December 14, 1830.

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return

AN ACT, to alter and amend the one hundred and twenty-second section of 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,' passed June 28, 1822; and for other purposes.'

SEC. 1. Be it enacted by the Senate and House of Representatives of the state of Mississippi, in General Assembly Assessors convened, That from and after the passage of this act, it shall list of Ju- be the duty of the assessor of taxes within each county of this state, once in every year, to take and return to the circuit court, in term time, or to the clerk thereof, at his office, in vacation, a list of the names of all freeholders, (being citizens of the United States) within his county, and householders, liable to serve as jurors, and for the better May re- ascertaining who are liable, the said assessor, whenever he quire state- shall have doubts as to such liability, is hereby authorized and required to take the statement of such person, or persons under oath, (to be administered by him) as to his, or their liability to serve.

ment

oath.

on

sheriff's du

ties.

SEC. 2. And be it further enacted, That the list of Clerks and names so taken and returned shall be set down by the clerk of the said court, in a book to be kept by him for that purpose; also set down said names on separate slips of paper, and shall be put in a box to be kept by him for that purpose marked No. 1; and there shall be drawn by such clerk, and the sheriff of each county respectively, from the aforesaid box, in open court at each regular term thereof, of list so taken and returned, one by one, the names of thirtyseven persons for the counties of Covington, Jones and Simpson; for the counties of Wayne, Jackson, Madison, Rankin, Hancock, Washington, Perry, Monroe, Lowndes, and Green, thirty-six: For the counties of Warren, Claiborne, Pike, Marion, Lawrence, Jefferson and Yazoo, forty : For the counties of Copiah, Amite, Franklin and Hinds, forty-eight For the county of Wilkinson, fifty-five; and for the county of Adams, the names of sixty persons, to serve as jurors for the said counties, respectively, according to law; and the names of the jurors so drawn, shall be entered on the minutes of said court; and when the asses

assessor to

book, &c.

sor makes his return at any subsequent period, as specified in section first, the clerk and assessor shall diligently compare the book in which are recorded the names that have Clerk and been deposited in said box, with the list so returned; and compare deposite in said box the names of all persons whose names were not previously deposited, and no others, until all the tickets shall be drawn, as aforesaid. The clerk, at each return of the assessor, as aforesaid, shall record such names as are deposited in the jury box, number 1, in the aforesaid box. When all the tickets are exhausted from the box, if there is not sufficient to complete the pannel, the clerk and Names to sheriffs shall replenish said box by depositing all the names into in said book, liable to serve on juries, and proceed to draw box. as aforesaid.

be returned jury

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ings when

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lected to

SEC. 3. And be it further enacted, That in case a circuit court shall not have been holden, in any county in this state, as required by law, or if held, the clerk and sheriff thereof court should omit or neglect to draw the number of jurors re- held, quired by this act, in the manner aforesaid, then in that when clerk case, such clerk shall notify the county court of his county have neg thereof, at their next regular term, after the time said cir- draw jury. cuit court shall have been holden, or after the rising of the court at which said clerk and sheriff shall have omitted to draw the number of jurors, as aforesaid; and the said county court shall thereupon cause the number of jurors required by this act, to be drawn as aforesaid; and in case the requisite number of jurors shall not be drawn in either of the courts aforesaid, in the manner aforesaid, then, in that case, the clerk and sheriff, in presence of the judge of probate, or any one of the associate justices of the proper county, at least sixty days before the next succeeding term of said circuit court, shall proceed to draw the said number of jurors, in the manner aforesaid.

Clerk of

furnish list

SEC. 4. And be it further enacted, That when the number of jurors required as aforesaid, shall be drawn in any county court, as prescribed by this act, the list of names co. court to so drawn shall be entered in the minutes of said county to clerk of court, and the clerk of said circuit court shall appear and be present, in such county court, at the time of such drawing, and shall immediately thereafter require a certified

circuit

court.

be put in box.

copy of the list of names so drawn, from the clerk of said county court, whose duty it shall be to furnish the same; and after the names shall be drawn as aforesaid; they shall be carefully and safely kept by said clerk, until the sitting of the court for which they are so drawn; and then the names of all persons that are retained and required to serve as jurors, at such court, shall be put in a box, marked number 2, to be kept by the clerk of said circuit court, for that Names to purpose; and none of the names so drawn shall be returned into the box marked number 1, until the entire number therein shall be drawn out in the manner aforesaid, (except such as fail to appear when so drawn, or appearing, shall be Proviso. excused by the court :) Provided, however, that whenever the court or the clerk and sheriff, at the time of drawing any jury, in the manner aforesaid, shall be fully satisfied that any person or persons so drawn shall be dead, or hath removed out of the county, or hath become exempted by law from serving, as aforesaid, said court, or clerk and sheriff, as the case may be, shall destroy the name or names of all such persons so drawn, and shall proceed to draw another or other names, so as to complete the number of jurors required by this act.

issue

ve

SEC. 5. And be it further enacted, That immediately Clerk to after the requisite number of jurors shall be drawn in the nire. manner prescribed by this act, the clerk of the said circuit court shall issue a venire facias, according to law, returnable to the next term of said court, and it shall be the duty of the sheriff at least five days before the term, to summon the jurors named in such venire facias, either by giving them personal notice, or by leaving a written notice at their usual place of abode, to attend according to such summons, and any juror being summoned as aforesaid who shall not Court may attend, shall be liable to a fine not exceeding one hundred fine jurors dollars, unless good cause for his non-attendance be shewn, attendance. on or before the first day of the regular term of the court

for non

next after such default or before final judgment on scire facias issued according to law, against such defaulting juror; and if good cause be shewn, the fine so imposed shall be remitted without payment of costs.