Sixteenth

AN ACT to authorize the trustees of the school lands within each township in this state, to lease the sixteenth sections within the same for ninety-nine years, and for other purposes.

SECTION 1. Be it enacted by the Legislature of the state sections to of Mississippi, That whenever a majority of the resident leased heads of families, (minors excepted,) in each township, or for ninetynine years. fractional township, containing section No. 16, or such sec

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tion as may be reserved for the use of schools in lieu thereof, within this state, shall request the same, it shall be the duty of the trustees now in office, or who may hereafter be in office, to lease the said section of their respective townships to the highest bidder, for the term of ninety-nine years, at the court house of the county in which said section is located, between the hours of eleven o'clock, A. M, and four o'clock, P. M. by giving at least six weeks notice by advertisement, inserted in a newspaper printed in the county, if there be one, and if not, by posting up the same at three of the most public places of the county: Provided, that said trustees may divide and lease said section in lots of not less than eighty acres, if they should deem the same most advantageous. And provided also, that in the event. that there should be one or more townships which does not contain population sufficient to elect trustees as is provided for by law, that the board of county police of the county in which the same is situated, shall lease the said section according to the provisions of this act, and in all other respects perform the duties required of said trustees.

SEC. 2. And be it further enacted, That the aforesaid Terms of leases shall be made on a credit of one, two, three and four years, and it shall be the duty of said trustees to take from the lessees, or highest bidders, bonds, or promissory notes, payable to said trustees and their successors in office, to secure the payment of the money for said lease or leases in four equal annual instalments, with such surety as they may approve; and said bonds or promissory notes, together with the interest accruing thereon, shall operate as a lien and special mortgage on the lands so leased until the final payment for the same shall be made, and it shall be the duty of said trustees on the final payment of the money

which may be due and not before, to convey the right, title use, interest and occupation of said sections. or such parts as may be leased to the lessee or lessees, for and during and until the full end and term of ninety-nine years.

how appro

SEC. 3. And be it further enacted, That the said trustees Proceeds in the several townships, in which the said sections of land of lease, may be disposed of according to the provisions of this act, priated. shall, so soon as the bonds and promissory notes become due and payable, proceed to collect the same, and they shall appropriate the amount so collected to the purchase of stock in the Planters' Bank of the state of Mississippi, the interest or dividends on which shall alone be appropriated under the superintendence of said trustees, to the purposes of education, and the encouragement of schools and seminaries of learning, within the respective townships to which the lands belong.

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SEC. 4. And be it further enacted, That said trustees Trustees shall have power to reserve from lease, such parts of their may make respective school sections as they may think can be more tions. advantageously applied to the object for which the lands were granted by the act of congress; and they may also contract for and purchase, or receive by donation, one or more suitable tracts of land, not to exceed in the whole, eighty acres, on which they may erect school houses and other needful buildings, for the purposes of education.

SEC. 5. And be it further enacted, That it shall be the duty of said trustees to appropriate the annual amount of the funds arising from the dividends on bank stock, belonging to each township, to the erection and repair of school houses, and other necessary buildings, and for education within the township from which alone the funds may have arisen.

Amount of

SEC. 6. And be it further enacted, that whenever said trustees shall lease any school section of any township in lease under $100 to be this state, and the funds arising therefrom, shall not amount loaned out to one hundred dollars, and where any school section shall at interest. be leased, and the amount shall exceed one hundred dollars, and not amount to two hundred dollars, and so on, for each amount, under one hundred dollars, the said amounts under one hundred dollars, shall be loaned out at interest,

at the rate of ten per cent. per annum to individuals, taking good and sufficient personal security for the payment of the same, and the amount of principal and interest so accumulated, shall be annually collected and re-loaned until the same shall amount to one hundred dollars, and it shall then be the duty of said trustees to invest the same in the purchase of a share of bank stock.

SEC. 7. And be it further enacted, that it shall be the Trustees duty of said trustees, before they or either of them proceed to give and to the discharge of the duties required of them by this act,

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to enter into bond with security as may be approved of by the board of county police of the county in which they may reside, payable to the president of said board of county police, and his successors in office, conditioned for the faithful discharge of the duties required of them by this act, and said bond shall be in such penalty as said board of county police shall direct; and said trustees shall also take an oath before said board of county police, that they will dicharge the duties as such trustees according to law, to the best of their skill and judgment.

SEC. 8. And be it further enacted, That this act shall Repealing not be so construed as to affect any prior disposition, which may have been made of any of the sections of any township within this state; and that all acts and parts of acts contravening the provisions of this act be and the same are hereby repealed.

Approved, February 27, 1833.

Vacancies how filled.

AN ACT to provide for, and prescribe the manner of filling vacancies in public offices.

SECTION 1. Be it enacted by the Legislature of the state of Mississippi, That all vacancies which exist at the time of the passage of this act, or which may occur before the general election in May next, in any state or county office in this state, where the officers filling the same are required by law to be commissioned by the governor, shall be filled by executive appointment, which appointment, so made, shall continue in force until the general election in May

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next, and until the successor or person elected to any such office is duly qualified and the incumbent be notified thereof by a certificate of the person before whom the oath is administered that the person elected has received a commission from the governor, and has taken and subscribed before him the oath of office prescribed by the constitution. SEC. 2. Be it further enacted, That when any vacancy shall occur in any state office in this state by death, resig- provision in nation, removal or otherwise after the general election in to filling May, eighteen hundred and thirty-three, when the unex- in pired term of the office so vacated shall not exceed one year, the same shall be filled by executive appointment, and whenever any vacancy shall occur in any such office when the unexpired term thereof shall have more than one year to run, it shall be the duty of the governor when notified of such vacancy or vacancies, to issue a writ or writs of election, requiring an election to be held to fill the unexpired term of said office in the particular district or in the state, as the case may be, which election shall be held in the case of filling any vacancy in the office of a district officer on thirty days notice, and in the case of a state or general officer, on sixty days notice: Provided, however, that the governor of the state may make a temporary appointment to any office a vacancy in which occurs, to have effect and be in force until the election so ordered by him, shall have been held, and the successor or person elected to the office be duly qualified in the manner prescribed by this act.

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SEC. 3. And be it further enacted, That when any office shall become vacant from any of the causes aforesaid, in the in case of a county officer, it shall be the duty of the presi- filled. ding officer of the board of county police of any county in which such vacancy may accur, within five days thereafter, to order an election to be held in said county to fill such vacancy on ten days notice; which order shall be entered upon the minutes of said board, and may be so made by the presiding officer either in term time or in vacation and shall be in the nature of a writ of election, and in the form of such used by the executive of the state, and in case any vacancy happen in the office of the presiding officer of the

board of county police, or he be absent, sick or otherwise unable to perform said duty, it shall and may be lawful for any other member of the board to make the order for said election; and it shall be the duty of the presiding officer or any member of said board in case of his absence or inability to act, to notify the governor of the result of said election, naming the person having the highest number of votes, if he be an officer entitled to a commission, and the person so elected shall be commissioned by the governor as such officer, for the unexpired term prescribed by the constitution; and in case the officer be not entitled to a commission by the constitution or laws of this state, the said board of police shall have power to give him such credentials of office, and after such form as the board may adopt, under the hand of the presiding officer, and the seal of the board.

SEC. 4. And be it further enacted, That this act shall take effect and be in force from and after the passage thereof.

Approved, February 27, 1833.

AN ACT to amend an act entitled, 'An act, to regulate the taking of documentary testimony in certain cases, and for other purposes, approved 13th December, 1830.

SECTION 1. Be it enacted by the Legislature of the Evidence State of Mississippi, That in all cases when it may be of protest. necessary to have the testimony of any notary public in any suit or controversy, in any court of law or equity in this state, arising on or touching any protested promissory note, bill of exchange, or other instrument of writing, the official act of such notary public, certified under his hand, and attested by his notarial seal, shall be deemed, held and taken to be conclusive evidence of the protest of such note, bill, or other writing on the day it purports to have been made, and the said notary public shall not be required by any subpoena, to go beyond the limits of the county of his his residence, to give evidence in any court, in behalf of the holders or parties, plaintiff or defendant in any such suit.