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they attend

for

will advertise at three of the most public places in each election the purpose precinct, at least ten days previous to the day on which he of assessing will attend at the election ground, for the purpose of assessing and collecting taxes.

and collect

ing.

inhabitants

SEC. 6. And be it further enacted, That it is hereby made Taxable the duty of all the taxable inhabitants of their respective to meet as- precincts, to meet the assessors and collectors respectively, sessors and at their proper precincts, or such other place as may be at the time most convenient, agreeably to notice given by the assessors designated and collectors aforesaid, and give in a list of their taxable tisement. property, or pay over the amount of taxes due from them,

collectors

and place

in adver

notice to be

according to the requisitions of the law now in force.

SEC. 7. And be it further enacted, That it is hereby made Second the duty of the assessors and collectors, in case any person given. or persons fail to attend, through sickness, absence from his precinct or county, or other causes, at the place and time, according to notice given, for the purposes aforesaid, to cause a second meeting, by advertising in the same manner as required in the fifth section, giving fifteen days notice: Provided, that this act shall not be so construed as to compel widows to attend as aforesaid, at the election precincts.

bled tax.

SEC. 8. And be it further enacted, That if any person or Who dou- persons fail to comply the provisions of this act, in not returning a true list of their taxable property, or to pay over their taxes, as the case may require, the assessor and collector shall immediately proceed to make assessments and collections under the provisions of the act to which this is an amendment: Provided, however, that all who fail to pay according to the requisitions of this act, may be double taxed.

SEC. 9. And be it further enacted, That hereafter, the Commis- assessors and collectors shall not be allowed as a compensions of as sation for their services in assessing and collecting as aforecollectors said, more than one half the commissions to which they are now entitled by law.

sessors and

curtailed.

SEC. 10. And be it further enacted, That so much of the Repealing act to which this is an amendment, as conflicts with the provisions of this act, is hereby repealed.

clause.

Approved, December 16, 1830.

AN ACT, to organize the thirteenth regiment of Mississippi Militia, 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 thirteenth regiment of Mississippi militia be, and the same is hereby annexed to, and consolidated with the twelfth regiment of said militia, unless the said thirteenth regiment shall, on the order of the brigadiergeneral of the second brigade, second division of said. militia, become organized by the election of all officers required by the present statute for the organization of the militia of this state, within twelve months from the passage of this act.

SEC. 2. And be it further enacted, That in the event the above regiments do not organize themselves in the time heretofore mentioned, the twelfth shall be attached to the eleventh, and the thirteenth to the fourteenth regiments.

SEC. 3. 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 16, 1830.

AN ACT, supplemental to an act for the relief of Mechanics, passed February 9, 1821.

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, the provisions of the above recited act, shall be extended so as afford to the various descriptions of mechanics mentioned in the act to which this is a supplement, a lien, as security for the payment of labour or materials furnished; which lien shall have preference to all manner of judgments, executions, or other claims, bearing date previous to, as well as subsequent to the commencement of any work or job of work remaining unfinished, or the furnishing of any materials for the completion of said work, contemplated by the act to which this is a supplement.

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

Approved, December 16, 1830.

Bill of ex

ceptions to

record.

AN ACT, to 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,' passed June 28, 1822.

SEC. 1. Be it enacted by the Senate and House of Representatives of the state of Mississippi, in General Assembly convened, That hereafter whenever a new trial shall be be part of granted or refused by any circuit court in this state on a motion made for such new trial by either party to a cause tried in said court, if the party against whom a decision. may be made under said motion, or his counsel, shall conceive such decision of the court to be contrary to the law of the land, such party may except to the opinion of the court, and may reduce the reasons offered for said new trial, together with the substance of the evidence in such case, and also the opinion of the court on said motion, to writing; and it shall be the duty of the judge before whom such motion is made, to allow, sign and seal the same, and to make said bill of exceptions, so taken, a part of the record in said cause.

record sets

SEC. 2. And be it further enacted, That hereafter on the When trial of any cause in the supreme court on appeal or writ the of error, the appellant or plaintiff in error may assign as Su- error in said cause, that the judge who tried the cause preme. in the court below, improperly granted or refused a new

forth

case

grant new

Court may trial in said cause, and in all cases where the record suffitrial, &c. ciently sets forth the case, the supreme court shall have power to grant new trials, or to correct any errors of the circuit court in granting or refusing the same.

shall

not

jury as to

Judge SEC. 3. And be it further enacted, That for the better charge the preservation of the sanctity of the right of trial by jury, the law ap- no judge or justice before whom any issue or issues of plicable to fact may hereafter be tried by a jury, shall sum up or trial. comment on the evidence properly and legally before said

case under

jury; nor shall said judge or justice charge said jury on points or principles of law, applicable to the case before. them, unless the parties to such issue or issues or the counsel differ in opinion as to the same, or, unless one of the parties to such issue or issues shall ask the charge of said judge or justice upon some point or points of law, pertinent to such issue or issues, which shall be distinctly specified by the persons asking such charge.

clause.

SEC. 4. And be it further enacted, That the 144th sec- Repealing tion of the act to which this is an amendment, be, and the same is hereby repealed.

SEC. 5. And be it further enacted, That the seventieth section of the act, to which this is an amendment, be, and the same is hereby repealed.

costs.

state

SEC. 6. And be it further enacted, That when any process shall issue out of any court of law or equity in this Plaintiff state, at the suit of any person residing therein, the plain- the residing in tiff, or plaintiffs, in such suit or action, shall, upon motion may be ruled to give made by any person interested, be ruled to give sufficient security for security for all costs accruing in such suit or action, within. sixty days from the entering of said motion: Provided, the party making such motion shall make oath or affirmation that he has good reason to believe, and does believe that the plaintiff or plaintiffs in said action will not be able to pay the costs of the same, and provided also, that every such motion shall be regularly entered on the motion docket of the court upon the first day of the term at which said motion is made, and if such plaintiff shall fail to give security, being thereto required as aforesaid, such suit shall be dismissed and execution may issue against the plaintiff for all costs which may have accrued.

quired to

SEC. 7. And be it further enacted, That when any suit or action shall be commenced, in any court of law or equity Plaintiff residing out in this state, by any person or persons residing out of the of the state state, the plaintiff or plaintiffs, in such suit or action, shall may be reon the application of any persons interested be required to give security for give sufficient security for all costs which may accrue or costs. have accrued in said suit or action, within sixty days after. service of notice upon the plaintiff or his attorney, of the requisition of such security by the party applying for the

Proviso. same: Provided the party applying for such security shall make oath or affirmation to the best of his knowledge or belief, that the plaintiff is a non-resident of this state, and shall regularly enter his motion for that purpose on the motion docket of the court in which such suit is pending, on the first day of the term thereof at which said application is made, in the same manner as is required in the ease of resident plaintiffs.

agent

or

valid as if

SEC. 8. And be it further enacted, That in all cases in Oath of law or equity which are now pending, or which may hereattorney after be instituted, where the oath or affirmation of the party shall be or parties to said suit is required, or may be hereafter remade by quired, in order to the taking of any step in the institution, prosecution, or defence of said suit, or in the preparation of the same for trial, such oath or affirmation, if made by the agent or attorney of such party, shall be as valid, and have the same effect to all intents and purposes, as if made by the party to such suit.

principal to the suit.

Approved, December 16, 1830.

and probate

AN ACT, to authorize executors, administrators and guardians to purchase real estate, and for other purposes.

SEC. 1. Be it enacted by the Senate and House of Representatives of the state of Mississippi, in General Assembly County convened, That the county and probate court be authorized court may on the application of any executor, administrator, or guardian, to order such executor, administrator or guardian to to purchase purchase real estate or slaves out of the surplus funds of sonal estate. the estate he has in charge: Provided, that the said court

order exe

cutor, &c.

real or per

shall be of opinion that it will promote the interest of the estate or ward for which such application is made.

SEC. 2. And be it further enacted, That on such order Titles to being made for the purchase of real estate or slaves, the property executor, administrator, or guardian, as the case may be, purchased. will be required to take good and sufficient titles to said

be made to

real estate or slaves, to be approved of by said court, which shall be executed to the heirs of such testator, intestate, or to the ward, as the case may be, in open court, and recorded in the clerk's office of the proper county.

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