of bond.

Oath the constitution in open court, and shall enter into bond with of clerk. two securities, to be approved of by the court, payable to the governor of the state for the time being, and his successors in office, in the penalty of five thousand dollars, conditioned for the faithful performance of the duties of his office, and that he seasonably record the judgments, decrees, Condition orders and decisions of said court, and deliver over to his successor in office all records, minutes, books, papers, presses, and whatever belongs to his said office of clerk, which bond shall be recorded in the clerk's office of said court, and immediately thereafter be deposited in the office of the secretary of state, and shall not be void on the first recovery, but may be put in suit and prosecuted at the cost and charges of any party injured, until the whole amount of the penalty thereof be recovered. In vacation the appointment shall be made by commission, under the hands. and seals of a majority of the judges of said court, and the person so appointed shall execute bond with security as above prescribed, and produce the same to any one of said judges for his approbation, and if he approve it, he shall endorse his approbation thereon, and administer the proper oath of office, and endorse his certificate thereof, also on said bond, and said judge shall cause the bond with the endorsement thereon, to be recorded, and shall deposite the same in the office of the secretary of state as aforesaid, which bond may be put in suit and prosecuted in like manner as before directed in the case of bonds taken in open court. An authenticated copy of such bond shall be reeeived in evidence in any court of law or equity in this state, in the same manner as the original would be if it were present in court.

Court

opinion in

SEC. 8. And be it further enacted, That it shall be the duty of said High Court of Errors and Appeals, in every to deliver case they may decide or decree, to deliver their opinions in writing, stating at large the reasons and principles upon which such decision is made; which opinion shall be by the clerk of said court filed among the records of said court, at the time of delivery; and any judge of said court differing in opinion from a majority of said court, shall reduce his opinion to writing and the reasons therefor, and shall file the same among the records of said court; and any

judge of said court, neglecting or refusing to comply with the provisions of this section, shall be deemed guilty of a misdemeanour in office, and shall be liable to removal therefor.

Duty

SEC. 9. And be it further enacted, That it shall be the duty of the clerk of said court to record in a book, by him of clerk. to be kept for that purpose, the written opinions of said court, and the written opinions of any judge thereof; and said clerk shall receive as a compensation therefor, ten cents for each hundred words so recorded, payable half yearly, out of the treasury of the state, upon the certificate of any one of the judges of said court that the services. have been performed, and that the account therefor is true as stated.

Books,

to High

Errors and

SEC. 10. And be it urther enacted, That the clerk of the Supreme Court is hereby required to transfer and deli- papers, &c. of Supreme ver to the clerk of the High Court of Errors and Appeals, court to be immediately after the organization thereof, all books, papers, transferred records and office furniture, which may pertain to his Court of office; and all suits, actions and plaints now depending in Appeals. the Supreme Court of the state, or which may be instituted therein by appeal or writ of error before the said High Court of Errors and Appeals shall have been organized according to the provisions of this act, shall be transferred to the said High Court of Errors and Appeals, on or before the first day of the first term of said court, and shall be proceeded on to final decision by said court in the regular order in which they may stand on the docket of the Supreme Court, at the time of their transfer.

'Certain

red in force.

SEC. 11. And be it further enacted, That the several acts for the organization of the present Supreme Court, not acts declarepugnant to the constitution, or inconsistent with the provisions of this act, be, and the same are hereby declared to be in full force, for the government of said High Court of Errors and Appeals.

take effect

SEC. 12. And be it further enacted, That this act shall This act to be in force and take effect from and after the first Monday from 1st of May next; and all acts and parts of acts contravening May, 1833. the provisions of this act, be, and the same are hereby epealed.

Approved, February 27, 1833.

1

The court

AN ACT to carry into effect that part of the fourth article of the constitution, which provides for the establishment of a Court of Probates in the several counties in this state.

SECTION 1. Be it enacted by the Legislature of the state of probate of Mississippi, That there shall be established in each established. county of this state, a court of probates, to be styled 'The Probate Court of the county of ,' with such jurisdiction to said courts within their respective counties as is prescribed to them in the aforesaid article of the constitution.

Election

tenure office.

SEC. 2. Be it further enacted, That the judge of probates of judge of and clerk for each county, shall be chosen by the electors probate and of their county, qualified to vote for members of the legisclerk, and of lature, at the place of holding the general elections in such county, and shall hold their offices for the term prescribed by the constitution, unless sooner removed for mal-conduct in office, or other disqualifying cause provided for by the constitution.

to

On failure

be

SEC. 3. Be it further enacted, That before entering upon Their oath. the duties of their respective offices the judge of probate and clerk of said court in every county of this state, shall take and subscribe the oath prescribed in the constitution before any judge, justice of the peace, or other officer lawfully authorized to administer an oath, which oath when thus taken and subscribed, shall be recorded on the minutes of the court. On failure or refusal to take said to take oath oath within twenty days after his election, any judge of disqualified probates or clerk thus failing or refusing, shall be deemed for holding disqualified under the said election, to hold the office for which he was elected, and the vacancy shall be filled in Vacancies the same manner with other vacancies in said offices, and how filled. the clerk of the court of probates of each county in this Clerk to State, shall, before he enters upon the duties of his office, give bond. enter into bond payable to the governor of the state of Mississippi, and his successors in office, in the same manner, in the same penalty, and with the same condition as is required of registers of orphans' courts, by the fourth section of the 9th chapter of the revised code; which bond shall be recorded and filed as is prescribed by said section.

the office.

court.

SEC. 4. And be it further enacted, That the court of pro- Seal of bates in each county shall procure a seal for said court, which shall be kept by the clerk thereof, and shall be affixed to all letters testamentary, of administration and guardianship; to all certificates of the court or of the clerk, and to every writ and process of every kind issued from the court.

SEC. 5. Be it further enacted, That all vacancies either Vacancies in the office of judge or clerk of said court shall be filled to be filled by election. by election at the several precincts of the county, to be held at such time as the board of county police may prescribe, and on such public notice as may be provided for by law.

Register

of the court.

SEC. 6. Be it further enacted, That it shall be the duty to deliver of the present register of the orphans' court to deliver over papers, &c. when demanded, to the clerks of the courts of probates, to the clerk books, records, papers and all other matters pertaining to the office of register, and on failure or refusal so to do, any register so offending, shall be fined in the sum of one thou- Penalty sand dollars, to be collected before any court of competent jurisdiction, and paid into the county treasury for county purposes.

for failure.

tion.

SEC. 7. Be it further enacted, That the judges of pro- Compensa. bates and clerks of the courts of probates, shall receive the same compensation and perquisites as are allowed to the judges of probates and registers of the orphans' court in the respective counties.

Judge may

a

clerk pro tempore.

SEC. 8. Be it further enacted, That in case the clerk shall be at any time unable, from sickness or other unavoi- appoint dable causes, to attend said court, it shall be lawful for the judge of probates to appoint a person to act as clerk pro tempore, who shall take an oath faithfully to discharge all the duties of his office, and for services rendered by the said clerk he shall be entitled to the fees allowed by law to the clerk of said court.

for furnish

SEC. 9. Be it further enacted, That the court of probates Allowance shall make allowances of all sums necessary for furnishing to be made the clerk's office with book presses and tables, to be paid ing clerk's out of the county treasury of the proper county.

office.

SEC. 10. And be it further enacted, That all deeds, Duties of mortgages, and other instruments of writing, now required

clerks of

probate

court.

court to be

by law to be recorded in the county courts of this state, shall hereafter be recorded in the courts of probates of the respective counties, and the clerks of said courts of probates are authorized and required to do and perform all acts in relation thereto, which are now authorized and required to be done by the clerks of said county courts. The clerks of the several county courts shall deliver over to the clerks of the courts of probates of the respective counties, all books, records, and papers, belonging to said county courts so far as they appertain to the jurisdiction of said court of probates under the constitution and laws of this state, which said books, records, and papers, shall be kept and preserved by said clerks of the courts of probates, and they are authorized and required to do and perform all acts in relation thereto, which are now authorized and required to be done by said clerks of the county courts. The clerks of the courts of probates are hereby authorized and required to do and perform all acts which are now authorized and required to be done by the clerks of the county courts and registers of the orphans' court, not inconsistent with the constitution and laws now in force in this state.

SEC. 11. And be it further enacted, that all the suits, Suits causes and proceedings whatever, which may be pending pending in county in either the county and probate court, or the probates or transferred, orphans' court, in relation to matters properly belonging to the probates court, under the constitution, at the time this act takes effect, shall be and the same are hereby transferred to the probates court of the proper county, there to be proceeded in and conducted according to law.

acts

in

SEC. 12. Be it further enacted, That so much of the act Certain entitled an act, to reduce into one the several acts concernreference ing last wills and testaments, the duties of executors, adminto orphans' court istrators and guardians, and the rights of orphans and other extended to representatives of deceased persons, passed Noyember 26th, of probates. 1821, as is now in force, and all subsequent existing acts in relation to the duties, powers and jurisdiction of the orphans' court, be, and the same are hereby extended to the courts of probates, so far as the same are not repugnant

the

court