eight, of ranges, numbers ten, eleven, twelve, and thirteen, east of the basis meridian, shall form a new county, to be called the county of Newton.

sioners.

SEC. 2. And be it further enacted, That the following persons, to wit William Doneralson, Michael Thomas, and CommisFrancis Jones, be, and they are hereby appointed commissioners to organize said county of Newton, and full power and authority is hereby given to said commissioners or either of them, to do any and all acts, necessary to the organizing of said county in the most speedy manner, under such rules and regulations as may be necessary.

chosen and

SEC. 3. And be it further enacted, That the members of the police court, of the county organized by this act, shall Members of the police be commissioned by the governor, upon the certificate of court how the commissioners, or either of them, appointed by this act, commisthat such persons are duly elected members of the said sioned. police court, and said members may be qualified by any of said commissioners, or by any other person authorized to administer an oath in this state; and the members of the county police of said county, after having been elected, and qualified, as aforesaid, shall hold such terms of the police. court of said county as they may deem necessary for the arrangement of the business of the county.

make re

SEC. 4. And be it further enacted, That the president of Who to the board of police of the county organized by this act, is turns at the hereby appointed returning officer for the county at the first elecfirst election, to be holden in said county for county officers.

tion.

courts, by

SEC. 5. And be it further enacted, That the board of county police of the county aforesaid, be, and the same is Site of hereby vested with full and complete power and authority whom to be to designate the place where the seat of justice for said designated. county shall be located, which seat of justice shall be at the geographical centre of said county, unless the centre shall from some cause be unsuitable, then and in that case, said location is to be made at some convenient point within five miles of the centre of said county; and said board of police may receive by donation or purchase, any quantity of land for the use of said county, not exceeding eighty acres.

SEC. 6. And be it further enacted, That the said county

Newton at

County of of Newton shall be attached to and form a part of the fourth tached to judicial district, and a circuit court shall be held in said the fourth county on the first monday in January and July in each judicial disand every year.

trict.

Act to take

effect.

SEC. 7. And be it further enacted, That this act shall be in force from and after its passage.

Approved, February 25, 1836.

Liabilities, &c., of copartners, adjudged joint and several.

Suits

be commen

either seve

rally or

conjointly.

AN ACT, to amend an act entitled an Act to alter and amend an act, entitled an Act to reduce into one, the several acts and parts of acts, concerning the establishment, jurisdiction, and powers of the inferior courts of law, passed 13th January, 1824.

SECTION 1. Be it enacted by the Legislature of the state of Mississippi, That all promises, contracts, and liabilities of co-partners, shall hereafter be deemed and adjudged joint and several.

SEC. 2. Be it further enacted, That in all suits founded may on promises, agreements, or contracts in writing made by ced against two or more persons, as co-partners, and signed by any one partners or more of them, or by any person as agent in their behalf, whether the several names of such co-partners be signed at length or abbreviated, or whether the name of any firm be used at length or abbreviated, it shall be lawful and sufficient to declare or complain against any one or more of them, either severally or as co-partners, alleging the liability of him or them, each to arise by his or their promise, agreement or contract, in writing signed or executed by such signature as the writing in fact imparts; and to sustain such averments of liability against the defendants, it shall only be necessary to exhibit in evidence to the court or jury, (as the case may be) the written agreement, promise, or contract, declared on and executed in the name or by the signature averred. And it shall not be lawful shall not be for any of said defendants, being sued as provided for in denied ex this section, to deny the name or names, or signature to to such writing, promise, agreement, or contract, unless by plea, supported by the oath of the party denying the same or by the oath of some credible witness attesting its truth'

Signature

cept under

oath.

ply to all

SEC. 3. Be it further enacted, That this rule of proof as Rule to apherein before provided, shall extend to all pleas of payment, pleas of and other pleas and legal proceedings whenever the same &c. can be made to apply.

payment,

action

the charac

parties.

Plaintiff not

SEC. 4. And be it further enacted, That all pleas to the Pleas to the action, shall be deemed and adjudged as admitting the deemed as parties and the character of the parties suing; and in no admitting case shall the plaintiff or complainants be required to prove ter of the any written signature, identity of persons, description of character, or the persons comprised in any partnership required to which may be set forth in their respective bills, declara- signature, tions, writs or pleadings, either as plaintiffs or the parties of persons, or identity through whom the plaintiff or plaintiffs may claim, unless unless the the signature, person, partnership, or description of cha- nied under racter, be denied by plea, and its truth attested by oath.

prove any

same be de

SEC. 5. And be it further enacted, That this act shall take Act to take effect, and be in force from and after the date of its passage. effect. Approved, February, 27, 1836.

AN ACT to appropriate the three per cent. fund to the construction and repairs of Roads and Canals within this State.

sell the three per

SECTION 1. Be it enacted by the Legislature of the state of Mississippi, That at the expiration of ninety days from Auditor to the date of this act, the auditor of public accounts shall dispose of, for cash, and at the highest premium that may be cent. stock belonging obtained, all the bank stock which stands to the credit of to the state. the three per cent. fund, belonging to this state; and the proceeds thereof, together with all other moneys accruing to the state by said fund, he is hereby authorized and required to receive and place in the state treasury, subject only to the purposes designated by this act.

be appro

SEC. 2. Be it further enacted, That the three per cent. fund now available, and that may be available on or before Proceeds to the first day of July next, be and the same is hereby appro- priated to priated to opening and repairing of roads and canals within opening, the different counties in this state, in equal sums or shares. and canals. SEC. 3. Be it further enacted, That two-thirds of the amount of the dividend that may be allowed to the county

&c. roads

Bridge to be built

over the

swamp.

of Wilkinson, and one-half of the amount of the dividend of the county of Adams, be appropriated under the direction Homochitto of three commissioners, to be appointed by the board of county police of Wilkinson county, to the bridging and improving the Homochitto swamp, on the direct mail route from Woodville to Natchez, in Wilkinson county, and the remaining third of the amount coming to Wilkinson county, be appropriated in the manner aforesaid, to building a bridge across the Buffalo creek, on said route in said county.

issue his

warrant in

the boards

SEC. 4. Be it further enacted, That the auditor of public Auditor to accounts shall issue his warrant in favour of the presidents of the different boards of police for the money hereby approfavour of priated in equal shares, upon the written application of said of police. presidents, founded upon the order of the board of police. SEC. 5. Be it further enacted, That the several boards of Boards of police shall expend the said money, or the interest thereof, police how in opening or improving roads or in the completing of such to expend the same. works now commenced, and shall report from time to time, the amount by them expended, and to what objects appropriated.

Mode of making

contracts.

Certain

constitute a

SEC. 6. Be it further enacted, That the boards of police shall let out said work to the lowest bidder, he giving bond with sufficient security, as the board may direct; conditioned for the faithful execution of the work, agreeably to the contract, which bond shall be made payable to the governor of the state, and his successors in office; and if any such contractor shall fail to comply with his contract, the board of police may order and direct the said bond to be put in suit, and it shall be the duty of the district attorney to commence and prosecute all such suits.

SEC. 7. Be it further enacted, That four thousand dollars of the dividend allotted to each of the counties of Yazoo and portion to Madison, shall be, and constitute a joint stock, to be approjoint stock priated by the several boards of police of said counties, to for particusubscription in such company as may be established for the erection of a bridge and causeway over the Big Black swamp, on the road leading from Canton, in Madison county, to Benton, in Yazoo county, on such route as shall be designated by commissioners to be appointed by the said

lar pur

poses.

how to be

boards of police, and the remainder of such dividends shall Remainder be invested in such stock as may be taken and subscribed invested. for by said boards of police, for the purpose of effecting improvements on the highways and bridges, which may be established by or under the authority of the respective boards of police of said counties; but in case such company shall not be established within twelve months from the passage of this act, the dividend thus allotted to said counties shall be paid into the county treasury and loaned out, under the direction of the boards of police, and the annual proceeds thereof appropriated to roads and canals within the respective counties.

retain

$1,000 from

allotted to

counties.

SEC. 8. And be it further enacted, That the auditors of public accounts shall retain from the sums allotted to the Auditor to counties of Tunica, Coahoma, Ponola, Tallahatchee, Yallabusha, Carroll, Holmes, Yazoo, Choctaw, Lafayette, De Soto the sums and Marshall, under this act, the sum of one thousand dollars certain each, to be expended in the opening and canalling the Yazoo pass, under the superintendence of two commissioners, to be appointed by the governor, which commissioners shall receive out of said sum, the sum of three dollars per day, for each day they may be necessarily employed; and that the governor may draw for the said sums as occasion may require.

Approved, February 27, 1836.

AN ACT to prescribe the method of proceeding against delinquent overseers of roads.

with a list

SECTION 1. Be it enacted by the Legislature of the state Probate of Mississippi, That it shall be the duty of the probate court to court in each county of this state, to furnish the grand jury grand jury on the first day of the term of each circuit court, with a of the overcomplete list of all the overseers of public roads in said seers of county, clearly setting forth the time of the appointment of roads. each overseer, and the portion of road he is required to keep in order.

SEC. 2. Be it further enacted, That it shall be the duty of the grand jury, to make presentment of all overseers on

public