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the commencement, referring to each deed or instrument by the grantor or alienor; and also, by the name of the grantee or alienee, or trustee, and that such transcript of the records when made and collected to the satisfaction of the said board, or of the judge of the said probate court, shall have all the force and effect of the original record.

SEC. 2. Be it further enacted, That the said board of Expenses police be authorized to appropriate out of the moneys provided of for. said county a sufficient compensation for the services aforesaid, as well as for the books that shall be needed.

SEC. 3. Be it further enacted, That the said board of police shall have power to appropriate and order to be paid Index, &c. out of the moneys of said county, a just compensation to the to be made. clerk of the said probate court, for making or causing to be made a suitable general index to the minutes, orders, proceedings, records, files, and proceedings of and concerning decedents, estates, and the property and estates of the minors, idiots, and lunatics therein, under the name of each decedent, ward, idiot, or lunatic, respectively shall appear in one place of the index, successive references to such minutes, orders, &c.; such index, when completed, to be subject to the approval of said board of police, or the judge of said probate court.

Provisions

SEC. 4. Be it further enacted, That the provisions of this of act to act be, and the same are hereby extended to the county of apply to Yazoo.

Yazoo county.

SEC. 5. Be it further enacted, That this act shall be in To take force from and after its passage.

effect.

Approved, May 13, 1837.

AN ACT to exempt Firemen therein named from performing

Military duty.

exempt

SECTION 1. Be it enacted by the Legislature of the state of Mississippi, That the several officers, members of Con- Certain stitution fire engine company number one, and of Phenix firemen fire engine company number two, of the city of Vicksburg from be, and the same are hereby exempted from all liability duty. under the militia laws of this state, from performing military duty, except in cases of invasion, insurrection, or actual

military

To take effect.

danger to the state: Provided, always, that this act shall apply to those only who perform duty in said companies: And, provided further, that the organization of the said companies shall be under an ordinance of the town council of said city.

SEC. 2. Be it further enacted, That this act take effect and be in force, from and after its passage.

Approved, May 13, 1837.

Introduction of slaves as

AN ACT to prohibit the introduction of Slaves into this State as merchandise, or for sale.

SECTION 1. Be it enacted by the Legislature of the state of Mississippi, That the business of introducing or importing slaves into this state as merchandise, or for sale be, and prohibited. the same is hereby prohibited.

dise

so doing.

SEC. 2. Be it further enacted, That if any person shall Penalty for hereafter bring, or import any slave or slaves, into this state, as merchandise, or for the purpose of selling or hiring, such slave or slaves, or shall be accessory thereto, the person or persons so offending shall be deemed guilty of a misdemeanour, and on conviction thereof shall be fined in the sum of five hundred dollars, and be imprisoned a term not less than one nor more than six months, at the discretion of the court, for each and every slave, by him brought into this state as merchandise, or for sale or for hire.

&c. given

for such

SEC. 3. Be it further enacted, That all bonds, obligaAll notes, tions, bills single, promissory notes, and other writings, and all promises, agreements, and undertakings whatsoever, slaves void. made, given, drawn, or entered into, or executed in favour of any person or persons, so as aforesaid, bringing or importing any slave or slaves, into this state, for merchandise, or for sale or for hire, by any person or persons whatsoever, after the passage of this act, where the whole or any part of the consideration of such bond, obligation, bill single, promissory note, or other writings, or promise, agreement, or undertaking, shall be for a slave or slaves, or for hiring the same as aforesaid, and brought, or imported into this state as merchandise, or for sale, shall be utterly void and of no

effect, any law, custom, or usage, to the contrary notwithstanding: Provided, that the provisions of this act shall only extend to such slaves as are brought into this state as merchandise, or for sale or for hire.

this state.

SEC. 4. Be it further enacted, That whenever any citizen of this state, or other person, shall bring any slave or Duty of slaves, into this state, he or they shall go before the clerk perso bringing of the circuit court of the county most convenient to the slaves to place where he first enters the state, and take an oath that he has not brought such slave or slaves into this state for sale or for hire, and it shall be the duty of the clerk of said county to give such person a certificate under his hand and official seal, that said oath has been taken and duly recorded in his office, and the said clerk is hereby required to administer said oath, to keep a true and perfect record thereof; and any person failing to take such oath and certificate thereof, and shall be found travelling within this state, or through the state with slaves, shall be arrested by any sheriff or constable to whom the knowledge of such failure may come, and take him before some convenient justice of the peace, whose duty it shall be to recognize said person for his appearance at the next regular term of the circuit court of his county, in the sum of one hundred dollars for each slave so found in his possession; and on failure of such person to enter into such recognizance, it shall be the duty of such justice to commit him to jail, unless such person is then willing to take the oath above prescribed, in which event it shall be administered according to the provisions of this act: Provided, however, that nothing in this section shall be so construed as to affect, or to relate to any person visiting this state, or passing through the same, attended by a slave as his, her, or their carriage driver, or body servant waiter.

of fines.

SEC 5. Be it further enacted, That all fines accruing under the provisions of this act shall be placed in the Disposition county treasuries where collected, for county purposes, except the county of Adams, which shall go to the Natchez hospital.

Act to be

in four

SEC. 6. Be it further enacted, That it shall be the duty of published the secretary of state to have this act published in four of papers.

To take effect.

the principal newspapers in this state, for four successive weeks immediately after its passage.

Approved, May 13, 1837.

AN ACT declaring certain copies competent testimony and for other

purposes.

SECTION 1. Be it enacted by the Legislature of the state Recorded of Mississippi, That copies of all recorded deeds, conveycompetent ances, bonds, and other instruments of writing, which are testimony. now, or may hereafter, by the laws of this state, be re

instruments

&c. deemed

quired or permitted to be recorded, shall, when certified by the clerk, in whose office the record of the same is kept, be received in evidence in any court of law or equity in this state; and be as available, without accounting for the absence of the original, as if the original deed, conveyance, bond, or other written instrument, were there, and then produced and proved.

SEC. 2. Be it further enacted, That hereafter, copies of Certificates, all certificates issued in pursuance of any act in congress, evidence. by any board of commissioners, register, or receiver of any land office, or any other person or persons, duly authorized to issue such certificates, founded on any warrant or order of survey, or in right of donation, pre-emption, or purchase, from the United States, for any land in this state,, shall be taken and received as competent evidence, in any court of law or equity in this state, without accounting for the absence of the originals, and be as available in law or equity, as if the original certificates were then and there produced and read: Provided, however, that such copies be certified by the officer or his successor, by whom the originals were issued; or by the officer, in whose office the originals, or a record of the same, are kept.

Commis

sions to persons non

resident.

SEC. 3. Be it further enacted, That hereafter, commissions to take the depositions of witnesses residing beyond the limits of this state, may issue without an affidavit of the non-residence or materiality of such absent witness: Provided, however, that interrogatories be filed, and a copy

thereof be served upon the opposite party, or his attorney, as heretofore required.

applying to

intends to

SEC. 4. Be it further enacted, That hereafter, on the first application, as well as all subsequent applications for Persons the continuance of any suit or motion pending in any court set forth of law or equity of this state, it shall be necessary for the facts he party making such application, to set forth in his affidavit, prove. the facts which he expects to prove by his absent witness or witnesses, in order that the court may judge of the materiality of such facts, to the issue or issues in the case.

effect.

SEC. 5. Be it further enacted, That this act shall take To take effect and be in force, from the passage thereof.

Approved, May 13, 1837.

AN ACT authorizing the High Court of Errors and Appeals of this state, to reinstate attorneys and counsellors at law, who have been expelled or suspended, for misconduct.

SECTION 1. Be it enacted by the Legislature of the state of Mississippi, That it shall and may be lawful for the Attorneys expelled, High Court of Errors and Appeals of the state of Missis- &c. may be sippi, when there shall be satisfactory evidence adduced, of reinstated. reformation in any attorney or counsellor at law, who for misconduct, has been expelled or suspended from the bar, to reinstate such attorney or counsellor, and to authorize him to practice law in the several courts of this state, in the same manner, as if no such expulsion or suspension had taken place.

be given.

SEC. 2. Be it further enacted, That it shall be the duty of the person or persons applying to the High Court of Notice to Errors and Appeals to be reinstated, to give public notice in some newspaper published at the seat of government, at least sixty days before making such application, setting forth the day and year on which he will apply to the court. SEC. 3. Be it further enacted, That this act shall be in To take force, from and after its passage.

Approved, May, 13, 1837.

effect.

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