To be appropriated, by the board of police. Citizens of township 19, range ized to sell and appro ble to the provisions of an act entitled, an act for the distribution of the literary fund, among the several counties of this state, and for other purposes, approved March 2, 1833, shall be authorized, and it shall be his duty, to draw the interest or dividends, on the said distributive share of said fund to which each of said counties are thus respectively entitled, upon his presenting to the cashier of the bank in which said fund is deposited, an order of the board for the same and a certificate under the hand and seal of the clerk of the board of police of his county, that he is the president of said board of police. SEC. 6. And be it further enacted, That as soon as any such interest or dividend shall be drawn as aforesaid, a statement of the amount thereof shall immediately be laid before the board of county police, by their said president, and said board shall forthwith proceed to appropriate the same, in such manner in their county as will best promote the cause of education therein. SEC. 7. Be it further enacted, That the citizens of township eighteen, of range seventeen west, in the county of Lowndes, be, and they are hereby authorized to divide the 17, author funds, arising from the lease or sale of the sixteenth section sec. 16, in said range and township, so as to appropriate the same priate the to the support of two or more schools, to be situated anyproceeds to where within said township, and that any board of trustees, of schools. hereafter elected for the management of the said sixteenth section, or the fund arising from the same, by lease, sale, or otherwise, be, and they are hereby authorized, to divide, apportion, and regulate, the same as they may deem just and equitable. the support certain townships establishing an SEC. 8. Be it further enacted, That the trustees of the Trustees of school lands, in township No. 1 of range No. 3 west, and of township No. 2 of range No. 2 west, in the county of to unite in Wilkinson, shall be allowed the privilege of uniting the amount of the interest, arising from the school funds of said two townships, for the purpose of establishing and maintaining an academy or school at such place near the dividing line, between said two townships, as may be deemed most convenient and suitable by a majority of the heads of families residing in said townships, and each of said town academy. ships shall be entitled to send to such academy or school, on account of the public school funds thereof, a number of scholars proportioned to the amount of the fund arising from each. SEC. 9. Be it further enacted, That the board of trustees of said two townships shall meet and act jointly together, Quorum. in all matters relating to, or touching said academy or school, a majority of whom in such joint meetings shall constitute a quorum to do business, and at any such meetings the trustees present shall choose a president for the term being, who shall preside, and preserve order, and see that the business is properly conducted. SEC. 10. Be it further enacted, That said trustees in such joint meetings, may establish and ordain all such by- By-laws. laws and rules, as they may deem requisite and proper, for the promotion and advancement of said academy or school; not inconsistent with the constitution and laws of this state, and may employ such teachers for the same, as they may judge will best promote the interest thereof. of trustees range No. over SEC. 11. Be it further enacted, That the trustees of the school lands in township No. 1 of range No. 4 west, in the Authority county of Wilkinson; shall have power to exercise all the township powers and authority over the school lands in fractional No. 1 township No. 1 of range No. 5 west, in said county, and 4, extended may proceed in the same manner to dispose of school lands fractional therein, as is expressed and directed in an act, entitled an township. act to authorize the trustees of the school lands in each township, in this state, to lease the sixteenth sections, within the same for ninety-nine years; and for other purposes. Approved, February, 27, 1836. AN ACT, to establish a Penitentiary in the State of Mississippi. SECTION 1. Be it enacted by the Legislature of the state of Mississippi, That a penitentiary shall be erected, at Penitensuch place as may be designated by commissioners herein- tiary to be after mentioned within this state, to be appropriated to the purpose of confining such persons as shall be convicted of erected. offences made punishable by imprisonment and hard labour therein. SEC. 2. Be it further enacted, That said penitentiary Site of Pe- shall be established and erected, within two miles of the nitentiary. town of Jackson, in the county of Hinds, on a site to be chosen and designated, by the commissioners, to be chosen by joint ballot of both branches of the legislature; and said commissioners shall have power, and they are hereby authorized to contract for a lot of land, sufficient to build said penitentiary, and all other necessary buildings upon; not less than four, nor more than ten acres of ground; and to receive a title therefore to the governor for the time being, and his successors in office, for the use and benefit of the state of Mississippi, forever in fee: Provided, said commissioners shall not be authorized to contract for said lot of land at a higher price than nine hundred and ninetynine dollars. Commissioners. To be sworn and formance of duties. SEC. 3. Be it further enacted, That said commissioners shall be elected, or appointed, by joint ballot or vote of the legislature, and in case of the death, resignation, or removal of any of them, or their refusal to accept their appointment, the governor, for the time being, shall fill such vacancies, until the next regular session of the legislature, who shall have power to perform all such duties as his predecessor in office had authority to perform. SEC. 4. Be it further enacted, That when the site shall be procured, as above stated; the conveyance thereof, shall give bail for be made to the state of Mississippi; and the contracts and faithful per- obligations thereafter entered into by any person for the fulfilment of the object herein contemplated, shall be made with the three commissioners before mentioned, and their successors in office; and suits may be brought thereon, in the name of said commissioners, or their successors in office. Said commissioners, before entering on the duties of their office, shall, severally take the following oath, before the secretary of the state, or some judge, or justice of the peace: Oath. I do solemnly swear, (or affirm,) that I will faithfully execute the duties of my appointment of commissioner, under the act for building a penitentiary; and in fixing upon the site for said building, I will be governed by what I conceive to be the best interests of the people of the whole state, without regard to sectional or local considerations, jealousies, or prejudices; and in all things, will perform the duties of my appointment agreeably to law, and the best of my skill and judgment: So help me God. And shall before entering upon the discharge of their duties, or be entitled to receive any moneys, execute and deliver, their joint and several bonds, in the sum of one hundred thousand dollars; payable to the governor of the state, and his successors in office, with two or more sureties, to be approved by the auditor of public accounts, conditioned for the faithful and punctual performance of the duties required of them by this act, which said bond shall be filed and preserved, in the office of the said auditor. be appro SEC. 5. Be it further enacted, That the sum of seventyfive thousand dollars, to be drawn from any money in the Money to state treasury, not otherwise appropriated, is hereby appro- priated. priated, to carry into effect the objects herein contemplated, and the treasurer of this state, is hereby directed to pay over to said commissioners, on the warrant of the auditor of public accounts, such sum or sums of money as they may want, for the purpose of building said penitentiary, not exceeding the same sum of seventy-five thousand dollars, at such times as the same may be required for that purpose, not exceeding ten thousand dollars at any one time; and the expenditures thereof shall be accounted for, before any farther sum shall be drawn. SEC. 6. And the said commissioners are hereby authorized and required to employ such person or persons as Convicts to be employmay hereafter be convicted, and sentenced to hard labour ed in the penitentiary, to labour in the prosecution and erection of the same, under such rules for their confinement, as said commissioners may prescribe. SEC. 7. Be it further enacted, That the commissioners who shall be appointed by virtue of this act, are hereby Plan to be required to procure from other states, the best and most procured. approved plans of building a penitentiary, and to erect the one for this state, of brick or stone, and on the most approved plan, making it proof against fire, and sufficiently large to contain at least two hundred convicts, said plan shall be approved by the governor, and a majority of said commissioners, before the commissioners proceed to erect said building, and when approved by him, and a majority of said commissioners, they shall then proceed under the direction of the executive, to superintend the work required to be done in this act; and to do all other things necessary to carry this act into effect; and it shall be the duty of said commissioners to make a detailed report of all approReport to priations, and the state and progress of the building, at least once in every six months to the auditor of public accounts; whose duty it shall be to lay the same before the next succeeding legislature. And said commissioners shall be allowed for their services and expenses, while actually employed in the duties of their appointment, the sum of six dollars per day. be made once in six months. obtained SEC. 8. Be it further enacted, That if a suitable lot of Site to be ground can be found, on the public land, the property of near Jack the state, near Jackson, for the erection of said building, the same is hereby appropriated, and the commissioners herein before appointed, are hereby authorized to lay off, and designate the same. son. Approved, February 26, 1836. peniten tended by AN ACT further to provide for the erection of a Penitentiary in this State. Be it enacted; That so much of an act to establish a Erection of penitentiary in this state, as requires an election of comtiary to be missioners to superintend the erection of the same, be, and superin- the same is hereby repealed, and that the powers and the commis duties vested and imposed on commissioners by said act, be, and they are hereby vested and imposed on the persons appointed commissioners of the public buildings, by an act, entitled an act to appoint commissioners of public buildings in this state, and for other purposes. sioners of public buildings. Act to take effect. This act shall be in force from and after its passage. |