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To the Attorney General or District Attorneys.

(For the use of the state as a part of the revenue thereof.) every criminal prosecution by indictment, in

cases of felony, where the offender is convicted, 10 00 every prosecution for misdemeanors, where the offender is convicted,

every action by original writ in behalf of the state for the recovery of a pecuniary penalty, where the defendant is convicted,

To Justices of the Peace.

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For celebrating the rites of matrimony and certifi

cate thereof,

each judgment in qui tam prosecutions,

each mittimus or recognizance,

each warrant in criminal cases,

each subpoena,

5 00

5 00

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warrant or summons in each civil case,

50

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proceeding thereon to judgment,

each execution,

each attachment including bond and affidavit,

each appeal with the proceedings, bonds and cer

each certificate not otherwise provided for,

taking deposition each 100 words,

each affidavit not otherwise provided for,

25

374

1 00

1.00

25

20

121

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taking the probate of any deed, mortgage or other instrument of writing, conveying, real or per

sonal estate,

taking relinquishment of dower,

To a Notary Public.

37

25

For protesting any bill, registering and sealing, 1 00

attesting letters of attorney and seal,

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For notarial affidavit to an account, and other writing
and seal,

registering a foreign bill, protested with certifi-
cates,

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registering a protest of a bill of exchange, or note,

for non-payment or non-acceptance, each oath or affirmation and seal,

notarial procuration and seal,

certifying sales at auction and seal,

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50

50

taking proof of debts to be sent abroad,

protest in insurance causes, and seal,

SEC. 2. And be it further enacted, That in all cases where the clerks of the several circuit courts, county courts, court of probate, or orphans' court, are directed by law to affix the seal of their respective offices to any writing, instrutaxed in bill ment, or precept whatsoever, the fees thereof shall be taxed of costs and in the bill of costs, in the manner directed by law; but a paid into the county trea- separate account thereof shall be kept in their respective

Fee to be

sury.

Detailed

fees to be

fee books, and when received from the party or parties chargeable therewith, shall together with the taxes received on issuing original process, pay the same on oath into the county treasury of the respective counties, at least once in each and every year.

SEC. 3. And be it further enacted, That on all executions, wherein any costs are included, a detailed statement of such fees or costs shall be entered on said execution, in statement of plain and intelligible words and figures, and the sheriff or entered. other officer receiving the same, shall add thereto in like manner, his fees, including all additional fees and costs, and shall make out a fair copy of the same, and deliver it to the person from whom he receives the money, or to the defendant off of whose property, he makes the money, or to his attorney, when the said defendant does not demand it in person. Any clerk, justice of the peace, sheriff, coroner, constable or other officer, violating any of the provisions of this section, shall be deemed guilty of a misdemeanor in office, and being thereof convicted, shall be removed from office.

SEC. 4. And be it further enacted, That if any officer in this act named, shall demand and receive greater fees than

herein provided, for services herein named, or demand and Penalty on receive any fees for any services not actually performed, violation of shall be deemed guilty of a misdemeanour in office, and being thereof convicted, shall be removed from office.

SEC. 5. And be it further enacted, That the first section of the act, to which this is an amendment, be, and the same is hereby repealed.

Approved, January 23, 1824.

AN ACT, further to extend relief to debtors.

SEC. 1. Be it enacted by the Senate and House of Representatives of the State of Mississippi, in General Assembly convened, That hereafter no citizen of this state shall be imprisoned for debt, on his complying with the provisions hereinafter provided.

cution.

thereon.

SEC. 2. And be it further enacted, That when any citizen Debtor ta of this state is taken or detained in execution, for any debt ken in exedue to any person or persons, he may, and he is hereby authorized to require the sheriff or any other officer, taking or detaining him in custody as aforesaid, to take him forth- Proceedings with before some justice of the county court, where the said debtor may deliver to the said justice, a full and entire schedule of all his property, real and personal, with all rights and credits due to him or to become due to him by any contract before that time made, or accruing to him by Condition descent, or by last will and testament; except such property from custoas is by law exempt from execution, and make oath that it dy. contains a faithful disclosure and subscribe the same with his proper name, he shall forthwith be discharged from custody.

of discharge

Proceedings

SEC. 3. And be it further enacted, That when any writ of capias ad satisfaciendum, or other writ of execution, upon ca. sa. shall be issued against the body of any debtor, resident within this state, and who has acquired the rights of citizenship therein; it shall be lawful for such debtor to enter into bond with good security, payable to the plaintiff or plaintiffs in the said execution, in double the sum for

which the said execution was issued; conditioned that he will within two months, from the date thereof render into the court or justice from which the execution issued, a true, full and entire schedule of all and singular, his property, real and personal, with all his rights and credits; and that he will render the same on oath as required by the act for the relief of insolvent debtors; and that he will not remove of freedom his property or any part thereof out of this state; or fraudufrom arrest. lently, or otherwise dispose of the same or any part thereof,

Condition

except such part as may be necessary for the sustenance of his family, before the day on which he is to make the said surrender; and except also, such part as may be exempt by law from execution: And he having given such bond and security, it shall not be lawful for any officer to arrest or to detain him in custody. And if the said debtor does not fully comply with the conditions of the said bond, it Upon noncompliance. shall be lawful for the court, or justice, from which the said execution issued, on motion and on ten days' previous notice to the said debtor and his security of such motion, to enter judgment. up judgment for the full amount contained in the said execution with interest and costs, and issue execution thereon as in case of other judgments.

To enter up

Prison

.

SEC. 4. And be it further enacted, That the prison bounds of each county within this state, shall be extended to the bounds, li- entire limits thereof; and any person imprisoned for debt, mits of the shall hereafter only be bound to give bond and security, to

county.

Free white

liable to im

keep within the limits of the county within which he may reside, at the time of his imprisonment.

SEC. 5. And be it further enacted, That it shall not hereafter be lawful for the clerk of any court, or any justice of woman not the peace, or other officer to issue any writ of capias ad prisonment satisfaciendum, or other writ of execution against the body of any free white woman within this state; nor shall any free white woman, be in any manner, imprisoned, or detained in prison, for debt, within this state, any law, usage, or custom, to the contrary notwithstanding.

for debt.

SEC. 6. And be it further enacted, That if any debtor shall render a false schedule of his property, and be thereof convicted, he shall suffer all the pains and penalties of perjury.

surrendered

holders.

SEC. 7. And be it further enacted, That when any writ of Property fieri facias shall be levied on any lands and tenements, or on capias. any other property, when a capias ad satisfaciendum, lands tenements or other property shall be surrendered to the sheriff or other officer, in discharge of the debtor, it shall be the duty of such sheriff, or other officer forthwith to Valued by summon three respectable disinterested freeholders of his three freecounty, who shall on oath to be administered to them by the sheriff or other officer, view the lands and tenements or other property so levied on or surrendered as aforesaid, and certify under their hands and seals the fair value thereof in ready money; and if on the day appointed for the sale thereof the same will not sell for two-thirds of the said valuation, as certified by said freeholders, the sheriff or other officer shall sell the same to the highest bidder on a credit of twelve months, taking bond with good and sufficient security of the purchasers, payable to the plaintiff, or Bond with plaintiffs, inclusive of principal, interest, and costs express. security. ed in the execution, with interest to the time when said bond shall be payable; if the same shall sell for so much,

Terms of

sale.

the court.

to discharge

and the bond so taken shall be returned by the sheriff, or Returned to other officer, to the office of the court from which the exe- the officer of eution issued, and shall have the force and effect of a judgment and if the obligators of such bond fail to pay the On failure amount thereof, at the time fixed for the payment, the plaintiff or plaintiffs may sue for the execution thereon, against the said obligees for the amount due, and the clerk shall endorse on such execution, that no valuation or appraisement is to be made of property, real or personal levied on by virtue of such execution and such property, real or personal, as may be levied on or surrendered to satisfy such execution, shall be sold by the sheriff or other officer, to the highest bidder for cash.

Execution issued there

on.

And proper.

ty sold.

SEC. 8. And be it further enacted, That if any bond, If bond be taken under the preceding section of this act, shall be at quashed, obligee shall any time quashed, as faulty, the obligee or obligees, in such have execution on judgbond, besides his, her, or their remedy against the sheriff, ment. or other officer, may have execution on the judgment, as if no such bond had ever been taken.

SEC. 9. And be it further enacted, That hereafter, on all

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