control of dent and of Wilkinson twenty-six shares; the county of Warren twenty shares; the county of Wayne ten shares; the county of Washington five shares; the county of Monroe seventeen shares: And provided also, that at the expiration or dissolution of the said Planters' Bank of the state of Mississippi, the said amount shall be reinvested under the president and directors of the literary fund, in some other profitable stock, for the use of said counties; and the original stock shall forever remain a permanent fund for the objects aforesaid. SEC. 4. And be it further enacted, That the residue, Residue which may be left after making the above distribution, shall to be under remain under the superintendence and control of the presithe presi- dent and directors of the literary fund, as shall all other directors of funds which may in future arise under the provisions of the the literary act, entitled 'an act to establish a literary fund, and for the encouragement and support of education in this state,' passed November 26th, 1821; nor shall any future distribution be made of such fund, until the same shall amount to fifty thousand dollars. fund. Approved, March 2, 1833. of the governor. AN ACT to define certain duties of the Governor, and to establish his Salary. SECTION 1. Be it enacted by the Legislature of the state Powers of Mississippi, That in addition to the powers vested in the governor of this state by the revised constitution, he shall have power to remove from office, any state or county officer, for the causes and under the restrictions following, to wit: In case the securities, or either of them, of any state or county officer, who may be required to give bond and security for the performance of his duty, by any law of this state shall remove his or their residence out of this state, permanently, or shall become insolvent, it shall be the duty of the governor, in case of a state officer, or of the presiding officer of the board of county police, in the case of any county officer, on satisfactory information of any such removal or insolvency, to notify such officer to appear before him, at a day and place therein named, within twenty days thereafter, to give a new bond with other good and sufficient security, in a penalty equal to that of the former bond, with the like condition; and if such officer shall neglect or refuse so to do, if he be a state officer, the governor shall forth with vacate his commission, and the vacancy shall be supplied in such manner as shall be prescribed by the laws of this state for filling vacancies of the kind. Presiding of the board to certify SEC. 2. Be it further enacted, That if the officer so refusing or neglecting, be a county officer, the presiding officer officer of the board of county police shall, immediately after the of police expiration of the notice required to be given by the preced- fact to the ing section, certify the fact to the governor, who shall governor. thereupon vacate the commission or appointment of such county officer, and the secretary of state shall certify the same back to the said presiding officer of the board of county police; and the vacancy occasioned thereby, shall be supplied in the manner that shall be prescribed by the laws, for filling the like vacancies. ces com office to be SEC. 3. Be it further enacted, That if any state or coun- Under what ty officer shall be found by inquest, according to law, an circumstanidiot, lunatic, or non compos mentis, during the time for mission of which he is appointed, or shall during such time, be found deemed by the verdict of a jury, guilty of any felony, infamous vacated. crime, corruption, or peculation in office, gambling with public money in this state, which may have come into his hands by virtue of his office, the commission of every such officer shall be deemed and held to be vacated, and such vacancy shall be supplied as in case of the death, resignation, or removal from office. SEC. 4. Be it further enacted, That the governor shall, at stated times, require information in writing, from all officers in the executive department, on any subject relating to their duties, and embody such parts of the same as are of public concern in his communication, to the legislature, to be made from time to time. The great seal of this state, used at the time of the passage of this act, shall continue the proper seal of the state until altered by the legislature, sation of with the concurrence of both houses thereof. He shall have power to appoint, during the sitting of the legislature, a private secretary, who shall be paid out of the state treasury when certified by the speaker of the house of representatives, in the same manner that the certificates of members of that house are certified, the sum of four dollars per diem, for every day he shall attend. SEC. 5. Be it further enacted, That the governor of the Compen- state of Mississippi shall receive for his annual salary, in governor. quarterly payments, after the same shall have been audited according to law, the sum of twenty-five hundred dollars, from the treasury of the state. Governor reprieves dons. par. SEC. 6. Be it further enacted, That the governor shall have the superintendence of the offices of the state treasurer and auditor of public accounts, during the recess of the legislature, and he shall take care that they respectively perform the duties required of them by law, without fraud, partiality, or delay; and if it shall satisfactorily appear to him, at any time, that the money, stock, securities or other property of the state in the treasury, has been misapplied, wasted or embezzled, he shall direct the attorney-general, or district attorney, to proceed according to law against such defaulter, on his or their bond. SEC. 7. Be it further enacted, That it shall and may be lawful for the governor, or the person exercising the office may grant of governor of this state for the time being, in all cases in and which he is authorized by the constitution, to grant reprieves and pardons, remit fines, and in cases of forfeitures, to stay the collection of the same until the end of the next session of the legislature, and to remit forfeitures, by and with the advice and consent of the senate: Provided, that any of the powers exercised by him, shall not be inconsistent with the constitution and laws of this state. Approved, February 25, 1833. AN ACT to repeal an act, entitled, 'an Act to reduce into one, the several acts and parts of acts concerning highways, ferries and bridges,' passed the 16th day of December, 1831, so far as the same relates to the county of Hinds, and for other purposes. clause. SECTION 1. Be it enacted by the Legislature of the state of Mississippi, That an act entitled 'an act to reduce into Repealing one, the several acts and parts of acts concerning highways, ferries and bridges,' passed the 16th December, 1831, be, and the same are hereby repealed, so far as the same relates to the county of Hinds; and that all laws and parts of laws, repealed or abrogated by said act, be, and the same are hereby revived, in the county aforesaid, except so far as they are repugnant to, or inconsistent with this act. County court ves control of ries and SEC. 2. Be it further enacted, That the county court of said county shall be, and it is hereby vested with full power and jurisdiction, and shall have the superinten- ted with dence and control, over roads, highways, ferries and roads, ferbridges, in as full, complete and ample a manner as was bridges. possessed by the board of road commissioners in said county, before the passage of the act above referred to and repealed. SEC. 3. Be it further enacted, That all roads and ferries, that are now deemed public roads and ferries, shall be so esteemed and continued until otherwise ordered by said county court. Declara tory clause. Special of SEC. 4. Be it further enacted, That the county court of said county shall hold a special term on the fourth Monday term of this month, to perform the duties enjoined on it by this court. act, and may sit on its own adjournments, or at any time after having caused five days notice to be given of the same, by advertisement at the court-house door of said. county, or in some newspaper in the county. Oath of SEC. 5. Be it further enacted, That any justice of the county court, or justice of the peace, or any other judicial jury officer, shall be authorized to administer the necessary review. oath to the jury of review; and should any person appointed an overseer under the provisions of this act, refuse to serve as such, then in that case it shall be the duty of such person to notify the chief justice of said county court, in of stead of the commissioner, as directed by the 37th section of chapter of the Revised Code 70, and the said chief justice, upon receiving notice as aforesaid, shall be, and he is hereby required to appoint a successor, whose duty it shall be to execute the duty enjoined by this act, and the act this refers to, under the same penalties before recited. SEC. 6. And be it further enacted, That this law shall continue in force until the board of county police for said county of Hinds is organized, and no longer. Approved, February 4, 1833. of Holmes. the AN ACT, to divide the county of Yazoo. SEC. 1. Be it enacted by the legislature of the state of Boundaries Mississippi, That the territory within the following bouncounty of dary lines, to wit: beginning at Bole's ferry, on Big Black, in the county of Yazoo, and in section twenty-two, in township twelve and range three, east; thence on a direct line to Yazoo river, at a point where the township line between township thirteen and fourteen strikes the same; thence up said river to a point on the same, twelve miles north of the township line between township fifteen and sixteen; thence on a direct line to the corner of the old Choctaw boundary line on Black creek, known by the name of the Gum Corner; thence continuing the same course to Big Black; thence down the same to the beginning, shall constitute a county, which shall be called the be held at county of Holmes, and that the respective courts shall be house held at the house of James Scott, sen'r. in the said county Scott, sen'r. of Holmes, until the board of county police shall designate some other place. Courts to the of James Board of county SEC. 2. And be it further enacted, That the board of county police be, and they are hereby vested with full police to lo- power to designate the place where the seat of justice shall site within be located, in the county of Holmes, not exceeding three three miles miles from the geographical centre thereof; and the said tre of coun- board of county police are hereby authorized to procure by cate county of the cen ty. purchase or otherwise, sufficient lands upon which the public buildings and offices of said county shall be erected, |