to make Grand jury public roads, within the knowledge of any member of the present- grand jury, which shall have been suffered to remain out ment of de- of repair for the space of ten days at any one time within the last six months, prior to the term of said court. linquents. District prosecute. SEC. 3. Be it further enacted, That it shall be the duty of the district attorney to prosecute all overseers of public attorney to roads, who shall not have discharged their duty to law, by indictment in the circuit court, and that said overseers shall be liable to the same penalties, in the circuit court, as are now prescribed by law. Circuit judge to SEC. 4. Be it further enacted, That it shall be the duty specify this of the circuit judge, to give this act in charge to the grand jury, at each term of the circuit court. act in his charge to the grand jury. SEC. 5. Be it further enacted, That upon all presentments or indictments, made under the provisions of this tion unne- act, no prosecution shall be necessary. Prosecu First dis trict of the AN ACT to amend an act entitled, an act to establish and organize the High Court of Errors and Appeals, and to define the powers and jurisdiction thereof. SECTION 1. Be it enacted by the Legislature of the state of Mississippi, That hereafter the following counties, to High Court Wit: Wilkinson, Amite, Pike, Marion, Perry, Hancock, Jackson, Greene, Wayne, Jones, Covington, Lawrence, Copiah, Jefferson, Franklin, and Adams, shall form the first district of the High Court of Errors and Appeals. of Errors and Ap peals. Third district. Second district. SEC. 2. And be it further enacted, That hereafter the following counties, to wit: Claiborne, Hinds, Simpson, Smith, Jasper, Clarke, Lauderdale, Neshoba, Newton, Scott, Rankin, Madison, Yazoo, Warren, Washington, Bolivar, and Coahoma, shall form the third district of the High Court of Errors and Appeals. SEC. 3. And be it further enacted, That hereafter the following counties, to wit: Holmes, Attala, Leake, Kemper, Noxubee, Winston, Carroll, Choctaw, Oktibbeeha, Lowndes, Monroe, Chickasaw, Yallabusha, Tallahatchee, Tunica, De Soto, Lafayette, Ponola, Marshall, Tippah, district of the High Court of Errors and Appeals. effect. SEC. 4. And be it further enacted, That this act shall Act to take take effect, and be in force from and after its passage. Approved, February 27, 1836. AN ACT, to amend an act, entitled, an act to establish boards of police and define their powers and jurisdiction, and for other purposes; passed March 2, 1833. boards of valid. SECTION 1. Be it enacted by the Legislature of the state of Mississippi, That the several persons elected members Election of of the board of police, in the respective counties of this members of state, at the last general election, and now in commission, police when shall hereafter be taken and regarded as duly elected and commissioned, unless within ten days after the passage of this law, their election shall be successfully contested, nor shall the legality of any act of the members of any such board of police, either severally or as a board, be in any manner contested or called in question in any court of this state, on the ground of illegality in the election of any member or members of such board of police, unless the election of such member whose act is controverted, or the election of some one or more members of the board, the act of which board is controverted, shall have been first successfully contested. districts, lated. SEC. 2. The board of police shall hereafter, at any regular meeting be authorized, to establish by metes and bound Boundaries the several police districts heretofore directed where the of police same has been omitted to be done, and may at any regular how regusession when they may deem the interest of the country so requires it, change the boundaries of any or all such districts, making such due records in their minutes, of such establishment, or change of boundaries, and otherwise publishing the same in such manner as they may direct. section SEC. 3. Be it further enacted, That the thirtieth section Thirtieth of an act to establish boards of police, and define their repealed. sheriffs and officers, power and jurisdiction, and for other purposes, approved March 2d, 1833, be and the same is hereby repealed. SEC. 4. All sheriffs and other county officers, elected at Election of the last general election, and now in exercise of their county respective offices, shall hereafter be deemed and taken as when valid. duly elected and in office, and the bonds of such officers as duly approved, unless within ten days after the passage of this act the election of such sheriff or other officer, and the legality of the approval of such bond or bonds, shall be successfully contested and their illegality established and in all suits or controversies, the cause of which may have heretofore arisen, or shall hereafter arise, involving the legality of any such election, or the approval of any such bond; every such election and the approval of every such bond, shall be deemed and adjudged as legal, correct and valid, and all exceptions thereto forever barred, unless as to such suits and controversies as may be instituted before the expiration of the time limited and prescribed by this act, for contesting such election, and the approval of such bonds. Former acts, &c. SEC. 5. All acts and parts of acts coming within the meaning and purview of this act, be, and the same are repealed. hereby repealed, and that this act shall take effect and be in force from and after the date of its passage. Approved, February, 27, 1836. Section repealed. AN ACT to amend 'an act to reduce into one, the several acts con-cerning the writ of habeas corpus, and to amend the remedy by writ de homine replegiando, and for other purposes.' SECTION 1. Be it enacted by the Legislature of the state of Mississippi, That the fourteenth section of the act, entitled, an act to amend an act, to reduce into one the several acts concerning the writ of habeas corpus, and to amend the remedy by writ de homine replegiando, be, and the same is hereby repealed. SEC. 2. Be it enacted, That the provisions of this act, Act to take shall take effect from and after the day of the passage thereof. effect. Approved, February 14, 1836. AN ACT to change the time of holding the High Court of Errors and Appeals. and Be it enacted by the Legislature of the state of Missis- High Court sippi, That the High Court of Errors and Appeals, shall of Errors hereafter be holden on the first Mondays in December and Appeals January in each year. when to be holden. terms. The December term thereof, shall end on the last Satur- Duration of day in December, and the January term may continue. until the business shall be finished. Approved, February 27, 1836. AN ACT to amend an act respecting the appointment and duties of on sheriffs' against SECTION 1. Be it enacted by the Legislature of the state In actions of Mississippi, That the remedy upon sheriffs' bonds, shall bonds the hereafter be joint and several, as upon other bonds or pro- remedy mises, but in all cases of suits or actions thereon, against sureties to be joint and the surety of a sheriff, the liability of the sheriff shall be several. first fixed, except when such sheriff is a party to such suit or action. approved judge of and filed in SEC. 2. Be it further enacted, That the bond to be given by the sheriff, with its sureties, shall hereafter be approved Bond with by the probate judge of the county, and recorded in the surety to be clerk's office of said probate court, and the original of said by the bond there filed and preserved, and the bonds required of probate, all other county officers may likewise be approved by said clerk's probate judge, and recorded in said office, and for the office. approval and endorsement of each bond the judge shall be entitled to receive one dollar, and for filing and recording Fees. the same the clerk shall receive one dollar and fifty cents, both fees to be paid by the party giving the bond. officers when SEC. 3. Be it further enacted, That all county officers County or officers whose duties are confined to any portion or district of the county, shall be authorized to exercise the authorized duties and functions of the office to which they are elected, the duties from the time they shall receive a certificate of their elec- office. to exercise of their Former tion from the commissioner, or the officer authorized to certify and make return of said election, whether they shall have been commissioned or not, provided such officers as are required to give bond shall have first duly executed their bonds, and have had the same approved according to law, and shall have taken the oath prescribed by the constitution. SEC. 4. And be it further enacted, That all acts and parts of acts, coming within the meaning and purview of this act, repealed. be, and the same is hereby repealed. acts, &c. Approved, February 27, 1836. the state. AN ACT for the increase of Salaries of the Public Officers of this State. SECTION 1. Be it enacted by the Legislature of the state Salaries of of Mississippi, That the governor of this state shall receive public officers of for his annual salary, the sum of three thousand dollars; that the chancellor and judges of the High Court of Errors and Appeals, shall each receive for their annual salary, the sum of three thousand dollars; that the judges of the circuit courts of this state, shall each receive for their annual salary, the sum of three thousand dollars; that the auditor of public accounts of this state, shall receive for his annual salary, the sum of two thousand dollars; that the treasurer of this state shall receive for his annual salary, the sum of two thousand dollars; that the secretary of this state, shall receive for his annual salary, the sum of two thousand dollars; that the district attorneys of this state, shall each receive for ther annual salaries, the sum of fifteen hundred dollars. Act not to apply to the office of governor SEC. 2. Be it further enacted, That this act shall not during the apply to the office of governor during the present term. present term. SEC. 3. And be it further enacted, That whenever it shall so happen, that a special commission shall issue for Salaries of the trial of any suit or suits in the High Court of Errors special judges. and Appeals, in which the judges of said court cannot sit in judgment, according to the ninth section of the fourth article of the constitution; the auditor shall issue his war |