with the written statement of the evidence, shall be enrolled in and made a part of the record in the case; and any party appealing from or prosecuting a writ of error from said decision, may avail himself of all matters of law arising from the facts stated in said record. giving Judge SEC. 14. And be it further enacted, That for the better preservation of the sanctity of the right of trial by jury pure and uninfluenced, no judge before whom any issue of fact restricted in may hereafter be tried by a jury, shall sum up or comment charge to on the evidence, nor shall said judge charge the jury on jury. points or principles of law applicable to the case before them, unless the parties to such issue or their counsel differ in opinion as to the same; or one of the parties or counsel shall ask the charge of said judge to be given upon some point in controversy in said issue, which shall be distinctly specified in writing by the party asking such charge; and the judge shall charge to no other point than that to which his opinion is required. SEC. 15. And be it further enacted, That in all controversies in law and equity depending in the circuit courts, 'Appeals every suiter or party litigant deeming himself or herself how made. aggrieved by the opinions of the court, in matters of law, whether given by charge or instruction to the jury, or as a specified sentence, judgment or decree of the court may thereon appeal to the High Court of Errors and Appeals, and shall forth with tender a bill of exceptions to such charge or instructions, sentence, judgment or decree; which bill of exceptions shall truly state the charge or instructions to the jury, or the sentence, judgment or decree of said court, and the same shall be signed by the judge; and the clerk of said court shall make out the transcript of the record and all papers therein, and shall certify the same, under his hand and seal of office; and deposite them in the clerk's office of the High Court of Errors and Appeals, on or before the next term of said court; and the clerk of the circuit court shall be entitled to three dollars for the transcript and deposite aforesaid, to be taxed in the bill of cost; and the clerk of the High Court of Errors and Appeals shall receive and file said papers in his office, and shall enter the suit on his docket, and such further proceedings and judicial measures shall be had herein in the High Court of Errors and courts to papers to circuit court. Appeals as are had on appeals in the Supreme Court, and are conformable to the provisions contained in the act of assembly, passed June 29, 1822, entitled 'an act to establish and organize the Supreme Court, and to define the powers and jurisdiction thereof;' and the said suit shall so be proceeded on until final judgment and execution shall be had therein. SEC. 16. And be it further enacted, That the clerks of Clerks of the several superior courts of chancery in this state, in chancery which any matter of controversy is or may be pending, of transmit which the circuit courts have, by the provisions of this act concurrent jurisdiction, shall, upon the application of the parties or their attorneys, made in writing, transmit to the circuit court properly having cognizance of the same, the papers, records and evidences belonging to such cause, and shall transmit with the same a bill of all costs which have already accrued, which shall abide the final decree of such cause, and be by the clerk of such circuit court to which it is transmitted, taxed in the bill of cost. slaves. SEC. 17. And be it further enacted, That all the laws Trial of now in force, or that may hereafter be enacted, for the trial of a free white person for a capital offence, be and the same are hereby declared in force for the trial of slaves for offences declared capital by the laws of this state: Provided, that this act shall not be construed to repeal or affect the law in relation to the cost of prosecutions against slaves for offences against the laws of this state. SEC. 18. And be it further enacted, That the laws now in force defining the powers and jurisdiction of the circuit courts, and regulating the proceedings therein, not repugnant to the constitution, or inconsistent with the provisions of this act, be, and the same are hereby declared to be in full force and effect for the government of the courts established by this act. SEC. 19. And be it further enacted, That the printed Statutes of statute laws of the several states of the United States, pubto be read lished by the authority of the states respectively, shall be in evidence. received and read as evidence of the statutary regulation of other states the state of which they purport to be the law, in all the courts of law and equity in this state-any law, custom or practice to the contrary notwithstanding. force from first SEC. 20. And be it further enacted, That this act, except This act in the fourth section, shall be in force and take effect from and the after the first Monday of May next. Monday in SEC. 21. And be it further enacted, That the action of replevin shall not be confined to the recovery of personal Writ of replevin property distrained or attached for rent due and in arrear how sued on demised premises, but shall be intended to, and be for out. the recovery of any personal property unlawfully taken or detained in any case whatsoever; and when any person shall sue out a writ in replevin, the party plaintiff shall first make affidavit before the clerk of the circuit court of the proper county, or a justice of the peace, that the defendant, to the best of his knowledge and belief, is in the possession of the property claimed, and that the property is, bonafide, the property of the plaintiff, and shall also set forth in said affidavit, the estimated value of said property, and shall moreover, enter into bond, with one or more good and sufficient securities, to be approved of by the clerk of the circuit court of the proper county, in a penalty of double the amount of the property as stated in the affidavit; which bond shall be made payable to the defendant in replevin, and shall be conditioned as bonds are directed to be made in cases of attachment or distress for rent. clause. SEC. 22. And be it further enacted, That all acts and Repealing parts of acts contravening the provisions of this act, be and the same are hereby repealed. Approved, March 2, 1833. AN ACT, to establish and organize a separate Superior Court of chancery SEC. 1. Be it enacted by the Legislature of the state of Mississippi, That there shall be established in this state, a The supecourt to be styled the Superior Court of Chancery of the rior court of state of Mississippi, which shall consist of one judge, to be established. denominated the chancellor of the state of Mississippi, who shall be elected by the qualified voters of the state, and shall hold his office for the term prescribed by the constitu chancellor ducted. tion, and shall receive for his services the sum of two thousand dollars per year, payable quarterly from the treasury of the state. SEC. 2. That the first, and all future elections of chanElection of cellor, shall be conducted in the manner and places that how con- may be prescribed by law; and all contested elections for chancellor shall be determined in the same manner, that now is or may hereafter be prescribed for contesting the election of governor. SEC. 3. That the chancellor before he enters upon the Chancellor duties of his office, shall take and subscribe the oath preto take oath. scribed by the constitution, which oath may be administered before the executive, or any judge of the High Court of Errors and Appeals, or any judge of the circuit court or justice of the peace, and a certificate of the same shall be filed in the office of the secretary of state, and any chancellor who shall sit in said Superior Court of Chancery without first having taken and subscribed said oath, shall be deemed guilty of a high misdemeanour for which he shall be liable to be removed from office. SEC. 4. The said Superior Court of Chancery shall have Jurisdiction jurisdiction over all matters, pleas and plaints whatsoever, cery court. belonging to or cognizable in a court of equity, and the of the chan. Sessions of court chancellor shall have power either in vacation or term time, to grant writs of injunction to stay waste, to enjoin execution of judgment or stay proceedings at law, to grant writs of ne exeat, and all other remedial writs returnable to said court, and properly belonging to a court of equity, and to hear and determine the same; and the chancellor shall also have power either in vacation or term time, to punish any person for a breach of injunction, either by fine or imprisonment: Provided, that any person so punished by the order of the chancellor in vacation, may by giving the opposite party ten days notice thereof, make application to any judge of the High Court of Errors and Appeals to supersede the same, who may, should he deem it just and equitable to do so, grant such application. SEC. 5. Said court shall hold two sessions in each and held every year, in the town of Jackson, which shall be held on at Jackson. the first Mondays in July and January in each year, and continue in session as long as business may require. SEC. 6. The chancellor shall have power to appoint a clerk of said court, who shall before he enters on the business of his office, take and subscribe the oath prescribed by the constitution, and give bond, made payable to the governor for the time being, and his successors in office, in the sum of ten thousand dollars, for the faithful performance of his duty as such clerk; with security to be approved of by the chancellor, which bond shall be filed in the office of the secretary of state, and it shall be the duty of any clerk of said court, when required by either party or their counsel to furnish a copy of the papers or records of any case pending in said court, or from which an appeal has been taken, for which said clerk shall be allowed at the rate of eight cents for every one hundred words, to be taxed in the bill of costs. Clerk to be appointed. may grant review. SEC. 7. And where any defendant against whom a bill of chancery may be filed in the circuit court, shall apply Chancellor to the chancellor to have the same moved into the Superior certiorari Court of Chancery by certiorari, and shall himself and one and bills of other person make affidavit, and state therein, that they do not believe that a fair trial of said cause can be had in the circuit court, the chancellor shall have power to grant such certiorari for the purpose aforesaid, and shall have power to hear and determine the same in as full and ample a manner as if the same had been originally commenced in the Superior Court of Chancery, and the chancellor shall also have power to grant bills of review in any judgment that may be rendered on the equity side of the circuit court in the same manner that bills of review are usually granted in courts of equity. SEC. 8. And be it further enacted, That all laws heretofore enacted in this state, relative to the Superior Court of Chancery, and the proceedings and practice therein, which were in force at the time of the adoption of the revised code, and not abrogated thereby, and which are not contrary to the provisions of this act are, and the same shall remain in full force. Certain ed in force. SEC. 9. And be it further enacted, That all suits, actions, Causes to bills, plaints and proceedings whatever, which shall be be transferpending in the Superior Court of Chancery of this state at red. |