the last terms thereof, next preceding the first term of said court, held under the provisions of this act, shall be, and the same are hereby transferred to the first term of said court held under the provisions of this act, and the several clerks of the Superior Court of Chancery, shall transfer and deliver to the clerk of said court, so soon as he shall be appointed, all books, papers, records, presses and other furniture pertaining to their offices respectively, and the chancellor shall make them a reasonable allowance for making such transfer, which shall be paid out of the treasury.

Approved, March 2, 1833.

AN ACT, to prescribe the mode of summoning and empanneling jurors, in capital cases.

SEC. 1. Be it enacted by the Legislature of the state of Mississippi, That hereafter, whenever any person shall have been arraigned, charged with any felony, the punishment of which is death, it shall be the duty of the court to award forth with a special venire, which shall be issued by the clerk, commanding the sheriff to summon from the county any number which may be directed by the judge of said court, not exceeding one hundred jurors, requiring them to attend on a particular day to be mentioned in said venire; and in case the special venire is exhausted without having empannelled a jury, the court shall then proceed to make up said jury from the regular pannel and talis jurors, who may have been summoned for that day, and if after having exhausted said regular pannel and tales jurors, there shall still not be obtained a full competent jury, for the trial of said prisoner, the court may direct the sheriff to summon forthwith from among the by-standers as many tales jurors as may be sufficient.

Approved, March 2, 1833.

AN ACT, to provide for a Contingent Fund of the Executive Department.

SEC. 1. Be it enacted by the Legislature of the state of Mississippi, That a sum not exceeding two thousand dollars be annually appropriated for the use of the executive department of government, for the contingent expenses thereof, to be accounted for by the governor to the legislature at each session thereof; and it shall be the duty of the auditor of public accounts, from time to time, on the suggestion of the governor that he has use for any sum of money for contingent purposes, to issue his warrant on the treasury of this state therefor: Provided, that in no year shall the amount required by the executive exceed the sum in this act mentioned.

SEC. 2. And be it further enacted, That the act, entitled 'an act to provide for a contingent fund for the executive department, and for the publication and distribution of the laws and journals,' passed on the twenty-first day of January, eighteen hundred and twenty-three, be, and the same is hereby repealed.

Approved, February 27, 1833.

AN ACT, to carry into effect and put in force an act therein named.

SEC. 1. Be it enacted by the Legislature of the state of Mississippi, That the act to provide for the erection of a state house and other public buildings in the town of Jackson, and for the sale of public lots in said town and for other purposes, approved, February 26th, 1833, be, and the same is declared to be in force from the date of its approval.

Approved, March 1, 1833.

AN ACT, to repeal an act entitled, 'An act to amend an act entitled an act to extend legal process into that part of the state now occupied by the Chickasaw and Choctaw tribe of Indians, passed February 4, 1829.'

SEC. 1. Be it enacted by the Legislature of the state of Mississippi, That an act, approved December 20, 1831, repealing the third section of an act allowing to sheriffs and other officers, mileage in executing process within the limits of the Indian territory, passed February 4, 1829, be and the same is hereby repealed: Provided, that the provisions of this act shall not extend to the counties of Lowndes, Madison, Covington, Jones and Wayne.

Approved, March 2, 1833.

elections.

of

AN ACT to regulate Elections in this State.

SEC. 1. Be it enacted by the Legislature of the state of Time and Mississippi, That all elections for representatives to the place holding legislature, shall be held at the court-houses or places of holding courts in the several counties of this state, unless otherwise specially provided for by law, and the times of holding such elections, shall be the first Monday and day following in November, biennially, and all elections for senators in the legislature, for governor, representatives to congress, sheriffs, coroners and all other state and county officers, directed by the constitution to be biennially elected, shall be held at the same places and on the same days of the year in which they are respectively chosen as are herein directed, in the case of representatives to the legislature.

Sheriff to

of the same.

SEC. 2. The sheriff of each county in this state shall, at least thirty days previously to the time for holding any give notice election in his county, by advertisement set up at the door of the court-house, and three other public places in this county, notify the inhabitants of the time and place or places of such election, and what offices are to be filled by such election, and the sheriff in the days of election shall open the poll at ten o'clock in the morning, and continue the

same open until four o'clock in the evening of each day and no longer. In case a vacancy happen and a writ of election shall be issued to the sheriff, the sheriff shall advertise said election and give a time as near the thirty days as the period of election will allow, Provided, it be not less in any case than ten days.

Sheriff to

unless a

SEC. 3. The sheriffs of the different counties shall be returning officers of their counties respectively, and if at be returnany time it should happen that there be no sheriff or depu- ing officer, ty sheriff attending the election, or if the sheriff shall be candidate a candidate at such election, any justice of the peace who himself. shall be summoned by the sheriff for that purpose, shall be and he is hereby authorized to perform the duties which by this act are enjoined upon the sheriff, and shall be the returning officer of such county.

spectors of

SEC. 4. The several boards of county police in this state, at the term of session next preceding the day of any police to election, shall appoint three inspectors for each election appoint inprecinct, to superintend the election in their respective elections. counties, and if it shall happen that the board of county police shall fail to make such appointment, or if any person or persons so appointed shall fail to serve, the returning officer with the approbation of two respectable freeholders of the county, shall appoint inspectors to fill any vacancy occasioned by such failure. The said inspectors are hereby authorized and required to appoint three persons to act as clerks of the election, whose duty it shall be to take down in writing the names of all persons voting.

SEC. 5. The clerks and inspectors of every such election, shall, before they proceed to business, take an oath (or Oath of clerks and affirmation) faithfully to perform their duty at such elecinspectors. tion, agreeably to law; which oath or affirmation shall be administered by the returning officer at each precinct.

Elections

SEC. 6. All elections by the people in this state shall be by ballot; and every person entitled to vote shall deliver to be by to the returning officer in presence of the inspectors, a ballot. ticket or scroll of paper, on which shall be written or printed the name or names of the person or persons for whom he intends to vote, which ticket the returning officer shall, in the presence of the inspectors, put into the ballot

hou

box, and at the same time the clerks shall take down on separate lists the name of every person voting: and when the election shall be closed, the returning officer and inspectors shall publicly open the box and number the ballots, at the same time reading aloud the names of the persons voted for, which shall be taken down by said clerks in the presence of the inspectors and returning officer, and if there should appear to be two tickets rolled Manner of up together, or if any ticket shall contain the names of conducting elections. more persons than such elector had a right to vote for, in either case such ticket shall not be numbered, but shall be adjudged void-and when the tickets shall be numbered, the persons having the greatest number of votes shall be declared to be elected; but when two persons shall have an equal number of votes, the returning officer shall have the casting vote. If the number of votes given at any election shall be so great that said inspectors shall not have sufficient time to number the same on the second day of the election, they shall adjourn from day to day for two days thereafter, if so long a time be necessary, to number said votes-and in case of any such adjournment, it shall be the duty of the returning officer to lock the ballot box in the presence of the inspectors, and to take charge of and safely keep the same until the votes shall all be counted.

sentatives

to be elect

ed.

SEC. 7. The representatives to congress from this state, At what shall be elected by the qualified electors at the time of time repre- choosing representatives to the legislature, once in every to congress two years, to be computed from the first Monday in November, in the year 1833, and the returning officer of each county, shall within fifteen days after each election, certify under his hand and seal to the secretary of state, the whole number of votes given in his county to each candidate for congress; and it shall be the duty of the secretary of state, to sum up the whole number of votes thus returned, and declare the candidates elect, who may have the greatest number of votes, by publication in some newspaper, published at or nearest to the seat of government. It shall be the duty of the governor to deliver to the persons duly elected, proper credentials under his hand and the great seal of the state, which shall entitle them to a seat in the body of which they are elected members.