collected to state sury. days previous, publishing in one newspaper for the expense of which he is hereby authorized to issue his warrant on the state treasury, to be paid out of any money in the treasury on account of the seminary lands. SEC. 2. And be it further enacted, That all moneys Moneys that are, or may hereafter be collected by the sheriff, or be paid into other officer in any county, shall immediately after the trea- collection of the same, be paid into the state treasury upon the warrant of the auditor of public accounts, who shall direct it to the proper department. And any officer failing to pay over the money collected by them under execution or other writ, on account of the rents of seminary lands, shall be proceeded against as in other cases for similar defaults. SEC. 3. And be it further enacted, That all acts conRepealing flicting with the provisions of this act, are hereby repealed. Approved, December 16, 18 clause. Preamble. Certain powers de legated to in town AN ACT, to authorize and empower the board of trustees of the School Lands, in township number one, of range number four, west of the basis meridian, in the county of Wilkinson, to take possession of and lease or rent the School Lands in fractional township, number one, of range number five, west, in said county, and for other purposes. WHEREAS, it appears that there are not a sufficient number of heads of families, resident within the fractional township number one, of range number five, west, in the county of Wilkinson, to constitute and form a board of trustees according to law, of the school lands therein, and it also appears that there are trespasses constantly committed on said school lands, by transient persons as wood cutters, who are destroying the most valuable timber thereon, and that there are now no legal means to prevent such trespasses. SEC. 1. Therefore-Be it enacted by the Senate and trustees of House of Representatives of the state of Mississippi, in school lands General Assembly convened, That the trustees of the school ship No. 1, lands in township number one, of range number four, west Range No. 4, west, in of the basis meridian, in the county of Wilkinson, and their Wilkinson successors in office be, and they are hereby authorized and county. empowered to take possession and charge of the school lands in fractional township, number one, of range number five, west, as aforesaid; and the said board of trustees and their successors in office, shall carefully and faithfully preserve the said school lands, and the timber thereon, from all improper waste; and shall have full power and authority, and it shall be their duty to institute suit or suits in any court having competent jurisdiction, against any person or persons, tenants, as well as others, who may be found damaging the said school lands, timber, or improvements, reserving however, to tenants, the full liberty of their several leases; and the said trustees shall lease or rent, the whole or a part of said school lands, in said fractional township, to the highest bidder or bidders, for any term not exceeding five years, public notice being given for the space of six weeks, in four of the most public places in the county, of the time and place of offering said lands for lease or rent. land to be poor chil SEC. 2. And be it further enacted, That the amount of money arising from the lease or rents of said school lands, Moneys arising from shall be collected and received by the said trustees, or their lease of said successors in office, and shall be kept and applied by them, applied in solely for the purpose of educating the poor children resident educating within the said fractional township number one, of range dren. number five, west, as aforesaid, and for no other use or purpose whatsoever, and the treasurer of said board of trustees, shall keep a separate account of all sums of money thus collected, received and disbursed, and make a report thereof, together with all other proceedings relative to, or touching said school lands, to said board of trustees, at least once in each and every year, and oftener if required. visions of this act to operate. SEC. 3. And be it further enacted, That whenever there shall be a sufficient number of heads of families, permanent- When proly settled in said fractional townships number one, of range od 2d number five, west, as aforesaid, to form a board of trustees of sections of the school lands therein, and they shall elect and form such shall cease board, according to law, then, in that case, the provisions contained in the first and second sections of this act, shall cease to operate on said school laws, and the treasurer of the board of trustees of the said township number one, of range number four, west, as aforesaid, under the direction of the said board, shall, upon receiving ten days notice, together with a certified copy of the election and formation of the board of trustees, in the said fractional township, number one, of range number five, west, render a true and perfect account of all the receipts, disbursements, and all other proceedings whatsoever, had before said board of trustees of township number one, of range number four, west, as aforesaid, to the said board of trustees that may be elected and formed in said fractional township number one, of range number five, west, as aforesaid, and shall also pay over to said board, the amount of all moneys unappropriated, that shall have been collected, or received, or that may be thereafter received on account of said fractional township, by the said board of trustees, of township number one, of range number four, west, as aforesaid. Approved, December 15, 1830. AN ACT, further to amend the acts, concerning the jurisdiction and powers of Justices of the Peace in this state, and for other purposes. SEC. 1. Be it enacted by the Senate and House of RepreJustices of sentatives of the state of Mississippi, in General Assembly the peace to be elected. convened, That from and after the passage of this act, the justices of the peace of this state, shall hereafter be elected by the electors in each beat, qualified to vote for members of the general assembly. And whenever a vacancy occurs in the office of justice of the peace, in any district or captain's beat, the county court, of the proper county, shall proceed to appoint by an order of said court, three freeholders of said district as managers of the election, whose duty it shall be to advertise an election at three of the most public places in said beat, giving at least ten days notice, of the time and place of holding said election; and certify the result thereof, to the succeeding county court, or the presiding justice, in vacation, whose duty it shall be to report the same to the governor, and he is hereby authorized and required to commission the person having the largest number of votes. Justice book of en SEC. 2. It shall be the duty of each justice of the peace in this state to keep a fair and legible book of entry of to keep a all civil proceedings had before him for the recovery of try. debts, &c. On remo val or re deliver over SEC. 3. In all cases where any justice of the peace in this state shall resign or remove out of the limits of the district for which he shall have been appointed, it shall be signation to the duty of said justice, to deliver the said book, with all said book to official papers belonging to his said office to his successor in office, within ten days after he may be commissioned, or deposite the same with the clerk of the county and probate court. successor. SEC. 4. The justices of the peace, in the respective company beats or districts, or any one or more of them, shall Jurisdiction of jushave authority and jurisdiction, to hear and determine all tices of the suits, on any liquidated demand, bond, note, cotton receipt, peace. or account, for any sum or sums of money not exceeding fifty dollars, inclusive of interest, by summons, or warrant, and the said justices are hereby authorized and empowered, to give judgment, and award execution thereon: Provided, Proviso. nevertheless, that either party, being dissatisfied, shall be allowed an appeal on giving security for the eventual condemnation money, within five days after judgment; or the party cast may stay the levy of execution, on giving security, within five days after judgment for all sums under twenty dollars, thirty days; and all sums over twenty dollars, sixty days; but no stay of execution shall be allowed after an appeal trial, for a longer time than twenty days, in which case the security on the appeal, together with the security for the stay of execution, shall be liable for the debt and costs, provided, in all cases that defendants shall have the privilege of confessing judgment before any costs shall have accrued thereon. Appeals. Appeals, how to be SEC. 5. Such appeals shall be tried before any one or more justice or justices of the company district in which the cause originated, by five jurors, to be drawn, empannelled, tried. and sworn as hereinafter directed, and in no other manner whatsoever, whose verdict shall be final and conclusive, between the parties, (except removed by certiorari.) Provided, always, that the justice or justices of the peace, shall Sets off. postpone pone sale. not hold any justices' court or pass any judgment in any civil case, on any other or more than one day in each month, which day they may appoint in their respective districts, nor at any other place, than that specifically mentioned in the warrant or summons; which place, shall be as near central as convenience will admit: Provided, however, said court may continue from day to day, until all the business is disposed of. SEC. 6. In all cases brought before any justices' court, Evidence. the best evidence, the nature of the case will admit of shall be required, nor shall any person, plaintiff or defendant, be permitted to prove, his or her claim or account, by his, her or their own oath or affirmation, without first making oath, in writing, that he or she hath no other evidence, whereby to establish the same, that is in his or her power to procure; and in all cases of mutual debts and sets off, the said justice may enter up judgment, for the defendant, when it shall satisfactorily appear, there is a balance due him, or her, and on good cause being shewn on oath, by either party, Justice may then said justice may postpone the trial three times, and no trial. longer; and when an execution is levied on property claimed by any person, not a party to said execution, it Constable shall be the duty of the constable to postpone the sale of popost such property, and make return thereof to the first court in said district: Provided, the person putting in such claim, shall first make oath in writing, that said property levied on, is his, her or their right and property, or his, her or their property, as attorney, agent, guardian, executor, or administrator, as the case may be, to the best of his, her or their knowledge and belief, and shall also give bond and security, in double the amount of such execution, which bond the constable is hereby authorized to take, payable to the plaintiff in execution, with condition to pay all costs and damages, which he, or she may sustain, in case it should appear such claim was frivolous and intended for delay only, recoverable in any court having cognizance thereof; and it shall be the duty of said court to cause the right of Trial of property to be tried, at the next term, by five jurors to be of drawn and empannelled, in like manner as appeals; and on good cause being shewn on oath, the court may postpone the rial for one term, and no longer. Proviso. Oath. Bond. right property. |