sioner may tional num laid off. SEC. 13. And be it further enacted, That it shall be the Commis duty of said commissioner to attend at the town of Jackson have addi- on the days of sale respectively designated in pursuance of ber of lots this act, and to sell so many of said lots to the highest bidder as he may deem it expedient to sell, and that he shall require of the purchaser or purchasers of each lot, their several promissory notes, with good and sufficient securities, to be by him approved, for equal parts of the purchase money, the first payable in one year, the second in two years, and the third in three years from the day of sale; and that the said notes shall be made payable to the governor of the state of Mississsippi, and his successors in office, and be deposited with the auditor of public accounts, to be by him collected and paid into the treasury of the ment of missioner to state. SEC. 14. And be it further enacted, That the said commissioner shall, upon the execution and delivery of such On pay notes, give to the purchasers certificates of purchase; and notes com- upon satisfactory evidence that the same have been paid, make title. shall, by deed, make, in the name of the state, a full and perfect title to the lot or lots for which such notes may have been given. The said commissioner is hereby required to enter into bond, with security to be approved by the auditor of public accounts, in the sum of fifteen thousand dollars, for the faithful discharge of the duties herein prescribed. ceedings SEC. 15. Be it further enacted, That the said commissioner shall keep a record of his proceedings, and deposite To keep a record of a copy of the same, annually, in the office of the secretary his pro- of state, to be laid before the next succeeding legislature; and depo- and all incidental expenses incurred under the provisions thereof in of this act, for printing, &c. shall be certified by him to the the secreta auditor of public accounts, who is hereby authorized to ry of state. issue his warrant on the state treasury for the same. site a copy the office of be filed in SEC. 16. Be it further enacted, That the bond of said Bonds to commissioner, and the bond taken from the undertaker of secretary's Said buildings, shall be filed in the office of the secretary of state, who is hereby authorized and required to preserve the same. office. SEC. 17. Be it further enacted, That the governor be Governor conservator and he is hereby required to appoint some suitable person to preserve the timber on the land donated for the seat of to appoint a government, under the laws heretofore in existence on that of the timsubject, which are hereby revived: It shall also be his ber, &c. duty to preserve from injury the public buildings, and other property belonging to the state; also, to prevent the erection of log cabins, clapboard houses, &c. on the public lands, both in and out of town, for which he shall receive one hundred dollars annually. clause. SEC. 18. And be it further enacted, That all acts and Repealing parts of acts, conflicting with this act, be, and the same are hereby repealed. Approved, February 26, 1833. AN ACT, to declare in force the several acts concerning the mode of election and jurisdiction of Justices of the Peace in this state, and for other purposes. Justices of the peace two years. SECTION 1. Be it enacted by the Legislature of the state of Mississippi, That there shall be elected for the term of two years, a certain number of justices of the peace, not elected for exceeding two nor less than one, in each district, who shall the term of be commissioned by the governor, and severally take the oath prescribed by the constitution, and shall have and exercise all the jurisdiction, power and authority given and allowed by law to justices of the peace, not contrary to the constitution of this state. Justices' districts sa me those as SEC. 2. The districts in each county for the election of justices of the peace, shall be the same as those laid off for the election of the members of the board of county police, which elections shall be conducted under the superinten- police offi dence of the commissioners hereinafter mentioned, accord- cers. ing to such rules and regulations as may be prescribed by the said board of county police. of office to SEC. 3. The justices of the peace now in commission, Justices shall continue in office until their term of service shall now in expire by the law under which they were commisioned continue Provided, the same shall not be more than two years from and after the passage of this act, in which case, they shall expires, not until their term to two years from this act. order elec. vacancies. exceed only remain in office for two years longer, and when any the vacancy shall occur, it shall be the duty of the board of passage of police at their next regular meeting, to order an election to Board of fill the vacancy, which shall be held under the direction of police any two of three commissioners, residents of the district, tions to fill to be appointed for that purpose by the said board, after advertising the same by posting up a notice at three or more public places in the district, for at least ten days. The Returns returns of the election so held, shall be made to the presi to be made dent of the board of police, who shall certify to the election governor, of the person having the highest number of votes, and commission transmit the same to the governor, who shall commission the person him accordingly, but such return shall not be made in a elected. shorter time than five days from the time of the receipt of to the who is to elected to the same, in order to give an opportunity to any person interested in and dissatisfied with said election, to contest Person the same, nor until the person so elected shall file his bond give bond, as directed by this act. Any person so wishing to contest such election, shall within five days thereafter, file his Manner petition, signed by at least ten voters of the district, which ing an elec- shall be addressed to the board of police, and which shall tion for a set forth the particular causes why said election should be justice of the peace. set aside, and it shall be the duty of the said board at their of contest next regular meeting, to hear the allegations and proofs in support of said petition, and also the proofs of the person, whose election shall be contested, and if a majority of said board shall be of opinion, after hearing the testimony that said election ought to be set aside, they shall so declare, Party whose elec- and immediately order a new election: Provided, the party tion is con: whose election is contested, shall be served with a notice served with of the same, at least ten days before the time at which it is tested to be notice. to be taken to be tried. SEC. 4. All appeals that have heretofore, by the now Appeals existing laws of this state, been taken to the county courts to the cirrespectively, shall hereafter be taken to the circuit courts, cuit courts. under the laws now in force for the regulating appeals to Clerks of said circuit courts, and the clerks of the several county the county courts of this state, are hereby authorized and required to transfer all transfer all cases of appeals that may be in their respective appeals to offices, to the clerks of the circuit courts of their counties courts to cases of clerks of respectively, and the said circuit courts shall proceed to courts. courts. The acts of 1930 & SEC. 5. And be it further enacted, That the act entitled an act, further to amend the acts entitled an act further to 1931, in amend the acts, concerning the jurisdiction and powers of force in the county of justices of the peace in this state, and for other purposes, Franklin. approved, December 15th, 1830; and an act to amend an act entitled an act further to amend the acts concerning the jurisdiction and powers of justices of the peace in this state and for other purposes, approved, December 15th, 1830, and December 20th, 1831, are declared to be in full force and effect in the county of Franklin. All laws con trary to the SEC. 6. And be it further enacted, That all acts and parts of acts concerning the powers and jurisdiction of jus- not tices of the peace, now in force in this state, not repugnant constitution to the constitution, nor inconsistent with the provisions of in force. this act, are hereby declared to be in full force and effect, defining the powers and jurisdiction of justices of the peace in the several counties of this state. Approved, March 2, 1833. AN ACT, to designate in what manner, and in what Courts, suits may be brought against the state of Mississippi. In what suits may state. SECTION 1. Be it enacted by the Legislature of the state of Mississippi, That hereafter, it shall be competent for manner any person or persons, deeming him, her, or themselves, or be brought body politic, to have a just claim against the state of Missis- against the sippi, to exhibit and file a bill in equity, in the Superior Court of Chancery, against the state of Mississippi; and the bill being so filed in the office of the said clerk, and at least thirty days before the first day of the ensuing term, and the complainant, entering into bond in behalf of the state of Mississippi, at the time of filing his bill, and in the sum of two hundred and fifty dollars, with two sureties in. like sum, to be approved of by the said clerk, conditioned to indemnify the state against all costs; and also providing, that if the complainant shall fail to prosecute his suit, or to obtain a judgment or decree against the state, that then, and in either case, that the complainant and his sureties shall forthwith pay and satisfy to the clerk of said court, all such costs as may be incurred therein, that the complainant shall have and receive a transcript of said bill so filed, under the seal of the court, and signature of the clerk, and shall, within ten days thereafter, deliver the same to the attorney-general; and it shall be the duty of the attorney-general, on or before the third day of the ensuing term, to answer, defend, or demur to said bill. And provided it shall be necessary in the investigation of said case, to try any issue or issues of fact, that may be made up, then and in such case, the chancellor shall direct, according to the nature of the bill, in what circuit court of any county, said issue or issues shall be tried; and the clerk shall forthwith transmit an entire transcript of the record herein, to the clerk of such circuit court, in which the said issue or issues is, or are to be tried, and the same being duly docketed, such issue or issues shall be tried, subject to the rules of law and regulations of said court; and the said issue or issues being tried, the verdict of the jury, together with a bill of costs in said circuit court, shall be duly authenticated and certified to the superior court of chancery, and thereupon, such decree shall be had as will consist with law and equity; and the decree being so had, it shall be competent to the complainant, or the attorneygeneral, to appeal to the High Court of Errors and Appeals. SEC. 2. And provided that no appeal be made from the Relative decree of the chancellor, and that a decree be had in said to appeals. court in favour of the complainant, then such decree shall be duly exemplified, under the seal of the court and signature of the clerk; and such exemplified record shall, by the clerk aforesaid, be deposited in the office of the secretary of state; and the governor having due notice thereof, shall issue his mandate to the auditor of public accounts, to draw his order on the treasurer for the amount of such sum and costs so decreed to be paid by the state; and the complainant shall give his receipt therefor, to be filed in the office of the secretary of state. |