Widow's

allowance.

estates of any testator, or intestate, the widow of any such testator or intestate, shall be allowed one horse: Provided, the value thereof shall not exceed one hundred dollars, one cow and calf, one bedstead and bedding, provisions for the support of herself and the children, for one year, and such other household furniture, as she may think proper to select: Provided, the value thereof, shall not exceed fifty dollars all which she shall be authorized to reserve out of her husband's estate; and the same shall be exempt from all claims, debts, demands, and distress whatever.

:

SEC. 10. And be it further enacted, That this act shall Right of not be construed, so as to interfere with the widow's dower. right of dower; in any real or personal estate.

SEC. 11. And be it further enacted, That the property rendered in such schedule (according to the second and third Property, sections of this act) shall be disposed of, and applied in posed of, manner, provided for in the act, entitled 'an act, to reduce and applied. into one the several acts, concerning executions, and for the relief of insolvent debtors.'

how

dis

Execution

until after

SEC. 12. And be it further enacted, That the clerks of the different courts, in each county, in this state shall not issue not to issue, execution in any case when judgment has been confessed, the expira- until after the expiration of such stay of execution: Protion of stay. vided also, that if the debtor will go forward to the clerk and exhibit to him the receipt of the plaintiff, or his attorney, for the amount of the judgment any time before the expiration of such stay, and pay such sum as may be due for the costs thereon, no commission for collection shall be taxed in the bill of costs; and that in all cases the property of the defendant shall be bound, and liable to any judgment, that may be entered up, from the time of entering such judgment.

Proviso.

No citizen

SEC. 13. And be it further enacted, That hereafter no citizen of this state, or other person who has signified his to be held or her intention of becoming a citizen by procuring a resito bail un- dence in this state, shall be held to bail in any civil action, less, &c. unless the plaintiff his agent or attorney shall by oath or affirmation declare that he is apprehensive that the defendant or defendants are about to leave the county and thereby prevent legal recovery of his debt.

be extend

SEC. 14. And be it further enacted, That any person Certain priimprisoned before judgment, shall have all the privileges vileges to contained in the second and third sections of this act, and ed. be liable to all the penalties described in the sixth section. SEC. 15. And be it further enacted, That all acts and Repealing parts of acts, coming within the purview and meaning of this act, be and the same are hereby repealed. January 23, 1824.

clause.

AN ACT, to establish a Court of Probate, for the granting letters testamentary of administration, and guardianship, for county police, and for the trial of slaves.

Courts to holden

year.

court.

SEC. 1. Be it enacted by the Senate and House of Representatives of the state of Mississippi, in General Assembly convened, That the judge of probate and the justices of the county courts, now in commission, or any two of them, shall be hold county and probate courts, in their respective counties four times a four times in each year, in the manner and at the time specified by law. And it shall be the duty of the judge of of probate of the several counties in this state, to report all his judicial proceedings to the county and probate court of Judge of probate to his county, on the first day of every term thereof: and it report proceedings to shall be the duty of the said county and probate court to county examine and consider all such proceedings of the judge of probate, and to make such order thereon, as they may deem right and proper, not contrary to law. And the judge of probate and the associate justices of the county court in each county, shall be entitled to receive out of the county treasury of their respective counties, the sum of three Compensadollars per day, for every day they may be actually engaged in holding any regular or special term of said county and probate courts; and the judge of probate shall receive the same compensation for holding his regular county monthly orphans' court, And the clerks of the county be clerk court now in office, shall be the clerks of the said court.

SEC. 2. And be it further enacted, That all letters of administration, letters testamentary and of guardianship,

tion.

Clerk of

court to

of said

court.

of

Proceed- which may be granted or issued by the judge of probate, ings at any other time than during the regular sessions of the judge probate to county and probate court, shall be valid, unless on motion of any person or persons interested therein, the county and probate court for good cause shewn, shall revoke the

be valid.

ance to be

same.

SEC. 3. And be it further enacted, That no allowance No allow shall be made to any executor or administrator for the mamade to nagement of any estate, but by the county court of his executor county, which then, on the final settlement of such estate, &c. but by the county shall not be less than one, nor more than ten per centum, on the appraised value thereof.

court.

clause.

cias, not to

SEC. 4. And be it further enacted, That so much of the act, entitled 'an act, concerning the establishment, jurisRepealing diction and powers of inferior courts of law in the several counties of this state,' (the county of Monroe excepted) as gives to the county courts original and appellate jurisVenire fa- diction, of suits or actions, for the recovery of money, issue ex- where the matter in controversy exceeds twenty dollars, be, and the same is hereby repealed: and no venire facias shall issue from said court, except for the trial of slaves; and all appeals from a justice of the peace, where the matter in controversy exceeds twenty dollars, shall in future lie to the circuit courts respectively, where they shall be be tried in the same manner, as such cases have heretofore been tried in the county courts.

cept for the

trial slaves.

Appeals

to be to circuit courts.

of

When the

ceeds

cause to be

to circuit court.

SEC. 5. And be it further enacted, That all causes now amount ex- pending in the county courts, where the matter in contro20 dollars versy exceeds twenty dollars, shall by the clerks of the transferred county courts respectively, be transferred to the circuit court of said county, there to be determined as other appeals from a justice of the peace; and that all proceedProceedings before a justice of the peace, may be removed into any ings before court having competent jurisdiction thereof by appeal, writ a justice may be re- of error, certiorari, or in any other lawful manner whatmoved, &c. ever, the county of Monroe excepted.

SEC 6. And be it further enacted, That the county court, of each and every county in this state be, and is hereby required, to allow the county treasurer of each and every

courts to al

rer compen

county, a recompense of not more than five per cent. on County all moneys paid into the county treasury, for county pur- low treasuposes, except so much as is levied for the use of the poor; sation. and that it be the duty of the tax collector of each and every county, to pay such money so collected, direct to the commissioners or overseers of the poor.

Probate

court of Ad

may sit

Natchez

SEC. 7. And be it further enacted, That hereafter it shall be lawful for the probate court of the county of Adams to ams county sit and exercise all the powers appertaining to the said without the court, at some convenient place, without the limits of the limits of city of Natchez, during the prevalence of any epidemic during the prevalence disease within the said city. And it shall be the duty of an epiof the said judge of probate, to give ten days previous notice, in some one paper printed in the county of Adams, of the time and place, to which, the said court shall be removed.

demic.

Officers of

court

the said said the same.

to attend

SEC. 8. And be it further enacted, That it shall be duty of the sheriff and other officers appertaining to court to attend the same. SEC. 9. And be it further enacted, That from and after Time of the passage of this act, the county courts of Wayne county county shall be held on the second Mondays of January, April, Wayne July and October.

holding

court for

county changed.

clause.

SEC. 10. And be it further enacted, That the third section of an act entitled 'an act, to amend an act, entitled, an act, to reduce into one the several acts, concerning last wills, Repealing and testaments, the duties of executors, administrators and gaurdians, and the rights of orphans and others, the representatives of deceased persons,' be and the same is hereby repealed.

January 23, 1824.

accounts au

lease out

lands.

AN ACT, to provide for leasing the Seminary Lands.

SEC. 1. Be it enacted by the Senate and House of Repre

sentatives of the State of Mississippi, in General Assembly The audi- convened, That the auditor of public accounts be, and he tor of public is hereby authorized and required to lease, according to thorized to sectional divisions and sub-divisions, as practised by the seminary United States, in the sales of public lands, if applied for, all the unimproved lands belonging to this state, for the use of a seminary of learning, for the term of four years, commencing in all cases from the first day of January previous to the lease, upon condition that the lessee shall enter into bond with approved security, payable to the governor Condition of the state of Mississippi, that the timber shall be preserved from unnecessary waste, and that he will clear twenty acres of land upon each half quarter section, or in that ratio, and leave the same enclosed by a good sound post and rail fence, or a good worm fence, not less than five feet high, staked and ridered, or chocked at the corners, and such cabins or houses as may appear necessary for such an improvement.

of lease.

ed to occu

pants

three years.

SEC. 2. And be it further enacted, That all the above recited lands, at present occupied and cultivated, shall, if applied for, be leased agreeably to sectional divisions and To be leas sub-divisions, as aforesaid, to the occupants for the term of for three years, from the first day of January of the present year, upon their entering into bond as aforesaid, to complete the improvement as specified in the first section of this act: Provided, That the plantation at the old Choctaw Proviso. agency, and such other lands as were improved previous to the Choctaw cession, shall be leased for the term of three years to the highest bidder, date of lease to commence on the first day of January of the present year.

publish this

SEC. 3. And be it further enacted, That the auditor of Auditor to public accounts shall give notice of his authority to lease act in two by publishing this act in two newspapers printed in this newspapers state, for the term of six months, and for the expense of which he is hereby authorized to issue his warrant upon

in this state.