clause. brances, and to construct such others as may be necessary to forward the erection of the state-house. SEC. 10. And be it further enacted, That all acts and Repealing parts of acts conflicting with any of the provisions of this act, be and the same are hereby repealed, and that this act shall take effect and be in force from and after the passage thereof: Provided, this act shall not be so construed as to repeal the seventeenth section of the seventy-ninth chapter of the acts of 1833. Approved, December 25, 1833. by copar Bold. AN ACT further to amend an Act entitled 'an Act to reduce into one the several acts concerning last wills and testaments; the duties of executors, administrators and guardians; and the rights of orphans and other representatives of deceased persons;' passed November 26th, 1821. SECTION 1. Be it enacted by the Legislature of the state Lands beld of Mississippi, That whenever it shall be represented to ceners how the satisfaction of the probate court of any county in this state, by the parties interested in any lands held in joint tenancy, in common or coparcenary, that an equal division thereof cannot be made, on account of the nature and situation thereof, such court shall have power to order and direct a sale thereof, upon such terms as may appear to be reasonable, and that the proceeds thereof be divided in equal parts to and among the parties interested therein and the legal representatives of a deceased party, according to their respective interests therein, subject to all the rules prescribed in the act entitled 'an act concerning the partition of lands held by coparcenors joint tenants and tenants in common,' passed 16th June, 1822. Duty of judge of probate. SEC. 2. And be it further enacted, That whenever in the opinion of the judge of the probate court, it shall be necessary to order a sale of any lands or tenements belonging to any deceased person's estate under the existing laws of this state, where no persons interested in said lands, or land and tenements, are known to be in existence; or when it shall be represented to the satisfaction of the court or judge, that no person so interested resides within this state, it shall, in all such cases, be the duty of the court or judge to cause publication to be made in some newspaper printed in this state, for the space of three months, describing said lands and the estate to which they belong, requiring all persons interested therein to appear and shew cause why such sale should not be made; and if no person shall appear in pursuance of such notice, it shall be lawful for the said court to make such order or sale final. Real estate how and SEC. 3. And be it further enacted, That hereafter it shall be lawful for the guardians of idiots, lunatics, and persons of idiots non compos mentis, to sell the real estate of such idiot, when sold. lunatic, or person non compos mentis, under the rules and regulations now prescribed by law for the sale of real estate by executors, administrators and guardians. Approved, December 25, 1833. AN ACT, to amend an act entitled 'an act regulating sales of merchandise at auction, and for other purposes,' approved February 20th, 1825. tax SECTION 1. Be it enacted by the Legislature of the state of Mississippi, That it shall be the duty of the several tax Du Duty of collectors in this state, to demand and receive from all gatherers.' persons deemed by them to be transient merchants visiting any city, town, or county, for the purpose of selling any goods, wares, or merchandise, and from venders of slaves, a bond with good and sufficient security in the penal sum of one thousand dollars, or more, at the discretion of said collectors, payable to the governor of the state for the time being, and his successors in office; Provided, such bond shall not exceed five thousand dollars; which bond shall be conditioned that the principal obligor or obligors shall and will, before leaving the state, make a full, true, and perfect account, on oath, of all sales of merchandise, or slaves made and effected by him or them during the time he, she, or they remain in the state, and that he, she, or they will pay the lawful tax due thercon to the tax collector, within sixty days from the date of said bond, and before eaving the state. Liability of transient SEC. 2. And be it further enacted, That if any such person, when thereto required by the tax collector, shall fail merchants or refuse to enter into such bond and deliver the same to failing to give bond, the tax collector demanding the same, he, she, or they shall forfeit and pay the sum of five hundred dollars for every such failure or refusal; and it shall be the duty of such collector forthwith to collect and pay the same into the state treasury as other taxes. &c. Further duty of collector. bonds how SEC. 3. And be it further enacted, That if a bond and security be executed and delivered as required by this act, it shall be the duty of the tax collector to give to the obligor or obligors a certificate, bearing even date with said bond, that he has taken such bond in due form, as required by this act; which certificate shall exempt the said obligor or obligors from being required to enter into any other bond of the kind, for the term of ninety days from the date of said certificate. And the tax collector is hereby authorized and required to collect forthwith, the amount of any tax due from such merchant or vender of merchandise or slaves, or the penalty of any such bond, if the same be forfeited, by distress and sale of the property of the principal and security, or of either of them, any law to the contrary notwithstanding. SEC. 4. And whereas, it is provided in the fifth section Forfeited of the act to which this is an amendment, that nothing in recovered. that act shall authorize a tax to be collected on the sale of any slave or slaves sold by one citizen of this state to another citizen thereof; therefore, and for the better understanding whereof, Who deem Be it further enacted, That when any citizen of this state ed venders residing permanently therein, shall bring into this state of slaves. any slave or slaves, not exclusively for his, her, or their own immediate use in agricultural or other laborious employment, but shall import them for sale, traffic, speculation, and profit, and shall sell or otherwise dispose of the same, for the purpose of speculation and profit, he, she, or they so vending any such slave or slaves to any person or persons, residing within or without this state, shall be deemed a vender of slaves within the meaning of this act, and shall be liable to and bound for the tax due thereon, at tax on dise. the rate of two and one-half per cent. on the amount of Rate of such sales as mentioned in the second section of the act to slaves sold which this is an amendment. And when any tax collector as merehanshall have sufficient cause to believe any citizen of this state to be or to have been within the year, engaged in any such vending of slaves, he shall require such citizen to deliver, on oath, a true and perfect account of all such sales of slaves made by him, her, or them, since the preceding return or collection of taxes. And if any citizen shall refuse to take the oath, or having taken the same, shall fail or refuse to make out and deliver to the tax collector the account of sales as required by this section of this act, he, she, or they so offending shall forfeit and pay five hundred dollars, to be recovered by action of debt, in the name of the governor of the state, in the circuit court of the proper county: Provided, however, That it shall not be lawful to require any such bond as is mentioned in this act, from any such citizen as is mentioned in this section. SEC. 5. And be it further enacted, That the fourth section of the act to which this is an amendment, be and the same is hereby repealed. SEC. 6. And be it further enacted, That this act shall take effect and be in force, from and after the passage thereof. Approved, December 23, 1833. When to take effect. AN ACT, to authorize the revision of the Statute Laws of this state. SECTION 1. Whereas P. R. R. Pray, is elected to revise the laws of the state of Mississippi, by the legislature thereof, therefore, power of Be it enacted by the Legislature of the state of Mississippi, That the revisor be and he is hereby authorized and Duty and required to revise the statute laws of this state, and pre- revisor. pare a revised code thereof, to be reported forthwith to the governor of the state, who is requested to convene the legislature, for the purpose of obtaining their action thereon; in preparing the said code, he shall be authorized to alter and amend the phraseology of the existing statutes, Code how to be prepared. Compensation of revisor. Duty of and to prune, correct, and arrange, alter and amend the provisions thereof, so far as may be necessary to render the code harmonious in itself, and consistent with the provision of the revised constitution; the said revisor may incorporate new provisions whenever he may deem it expedient to do so; but in all cases of provisions, original and distinet from the existing statutes, and not necessary for the attainment of harmony and consistency, he shall enclose the same in brackets, or designate them with some mark of distinction. SEC. 2. And be it further enacted, That the said revised code shall be prepared in engrossing manuscripts, on the largest class of ruled paper, and on every other page alternately; the sheets to be stitched together in pamphlets, not exceeding a quire of paper each; the pamphlets shall be paged from the first in succession, until completed, as if constituting a single volume. Each line of the written pages shall be numbered; the laws of a general or public nature, embracing such acts of congress, and public documents as may be proper, shall be embodied separate and apart from those of a special or private nature, and have a full and complete index at the end thereof, and those of a special or private nature shall be embodied to themselves, with an index thereto. SEC. 3. And be it further enacted, That when the revisor shall have completed the revised code, as aforesaid, and delivered the same to the governor, he shall be entitled to receive as a compensation therefor, and in full of all expenses, the sum of three thousand dollars, to be paid out of any money in the treasury not otherwise appropriated, and the auditor being certified by the governor that the duty herein assigned is performed, shall issue his warrant therefor. Approved, December 25, 1833. AN ACT, for the apportionment of Representatives and Senators of the State of Mississippi. SEC. 1. Be it enacted by the Legislature of the state of Mississippi, That the following shall be the apportionment |