Duty of auditor.

May sell certain shares.

Report.

To take effect.

AN ACT to amend 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 2d, 1833.

SECTION 1. Be it enacted by the Legislature of the state of Mississippi, That it shall be the duty of the auditor of public accounts, to cause the original number of shares allotted to each county, by the act to which this is an amendment, to be placed to the credit of the respective counties entitled to the same, in order that the semi-annual dividends thereof, may be drawn by the said counties.

SEC. 2. Be it further enacted, That it shall be the duty of the auditor of public accounts, and he is hereby required immediately after the passage of this act, to sell and dispose of the shares that have accumulated from the unclaimed dividends, that have accrued since the contemplated distribution aforesaid; and to divide and apportion the proceeds of such accumulated stock, and such dividends as may be due thereon, among the several counties entitled to the same; and cause the same to be placed to the credit of said counties, on the books of the Planters' Bank, in order that the same may be drawn by said counties, entitled to the same, according to the spirit and meaning of the act, to which this is an amendment; and in no instance, shall the said stock be sold under its par value.

SEC. 3. Be it further enacted, That it shall be the duty of the auditor of public accounts, to report his proceedings under this act, to the legislature, at their next session; and he shall receive such compensation for such service, as they may direct.

SEC. 4. Be it further enacted, That this act shall be in full force and effect, from and after the date of its passage. Approved, May, 13, 1837.

AN ACT to amend an act, to regulate the taking of documentary testimony, and for other purposes.

SECTION 1. Be it enacted by the Legislature of the state of Mississippi, That in all civil cases, when it may be

dence may

in certain

cases.

necessary for plaintiff or defendant, to have the testimony Documenof the judge or clerk of any circuit court, or of any probate tary evicourt; of the clerk of the High Court of Errors and Ap- be taken peals; clerk of the chancery court, or of any justice of the peace or notary public, in any suit, action, or controversy, pending in any court of law or equity in this state, arising on, or touching any promissory note, bill of exchange, or other instrument in writing; the official act of any such judge or clerk, justice of the peace or notary public, certified under his hand, and attested by his seal of office, shall be deemed and taken to be evidence, as competent and conclusive, as if the same were given by such judge, clerk, justice of the peace, or notary public, personally in any such court of law or equity; and the said judge, clerk, justice of the peace, or notary public, shall not be required to go beyond the limits of the county of his residence, to give evidence in any court of law or equity, in behalf of the holders or parties, plaintiffs, or defendants, in any

such suits.

testimony.

SEC. 2. Be it further enacted, That the said judge or clerk, justices of the peace or notaries public, shall not, Mode of nor shall any of them be compelled or required, to go taking beyond the limits of the county of his residence, to give evidence in any court of law or equity, in any civil cause whatsoever; but in all such cases, in any suits, actions, or controversies, it shall and may be lawful for the party or parties therein, or either of them litigant in such suits, actions, or controversies, to take the testimony of such judge, clerk, justice of the peace, or notary public, by deposition or interrogation, before some justice of the peace of the county in which said judge, justice of the peace, or notary public, may reside, on filing a copy of said interrogatories with the clerk of the court in which such suit, action, or controversy, may be depending, and serving the opposite party or counsel, with a copy thereof, with notice of the time and place of taking the same, and giving at least ten days previous notice; but in term time, when application shall be made, the court shall have power to order and direct the deposition of such judge, clerk, justice of the peace, or notary public aforesaid, to

To take effect.

be taken on such shorter notice, as the said court may deem reasonable.

SEC. 3. Be it further enacted, That this act shall be in force, from and after its passage.

Approved, May 13, 1837.

District

AN ACT to amend an act, concerning attorneys and counsellors at law, passed June 25th, 1822.

SECTION 1. Be it enacted by the Legislature of the state of Mississippi, That from and after the passage of this act, judges may any person wishing to obtain license to practice law in any and license circuit court or inferior court, such person may apply to applicants to practice the presiding judge of the district in which he may desire

examine

law.

&c. may

examine,

&c.

to practice law, for a license to practice in such district; and it shall be the duty of such judge, carefully to examine such applicant concerning his legal acquirements; and if, on such examination, such judge shall be of opinion that such applicant is duly qualified to practise law, it shall be the duty of such judge, to grant such applicant a license to practice law in the circuit courts and all inferior courts in the judicial district, over which such judge shall preside.

SEC. 2. Be it further enacted, That if any person shall Chancellor, desire to practice as an attorney and counsellor of the Superior Court of Chancery, or of the High Court of Errors and Appeals, such person shall make application for licence to the High Court of Errors and Appeals; and shall be examined in open court, touching his legal acquirements, as is now prescribed by law; and if, on examination, the said court shall be of opinion, that such applicant is duly qualified to practice law, it shall be the duty of such court, to grant such applicant a license to practise in the several courts of law and equity in this state.

Certificates of moral

SEC. 3. Be it further enacted, That all applicants for license, shall furnish to the judge of the circuit courts, or character High Court of Errors and Appeals, as the case may be, satisfactory evidence of their good moral character.

to be furnished.

Repeal.

SEC. 4. Be it further enacted, That all acts and parts of acts contravening the provisions of this act be, and the same

are hereby repealed; and that this act be in force and take To take effect from and after its passage.

Approved, May 13, 1837.

effect.

AN ACT supplemental to an act, entitled 'An act to guard against the insolvency of the Banks and Moneyed Corporations of this state, and to secure the rights of creditors thereof.'

SECTION 1. Be it enacted by the Legislature of the state of Mississippi, That the concluding section of the before recited act be, and the same is hereby repealed.

Repeal.

SEC. 2. Be it further enacted, That the above recited act To take shall take effect and be in force from and after its passage. effect. Approved, May 13, 1837.

Books of subscription to be opened.

AN ACT to incorporate the subscribers to the Mississippi Union
Bank.

SECTION 1. Be it enacted by the Legislature of the state of Mississippi, That an institution shall be established under the title of the Mississippi Union Bank,' with a capital of fifteen million five hundred thousand dollars, which said capital shall be raised by means of a loan, to be obtained by the directors of the institution.

SEC. 2. Be it further enacted, That books of subscription, for the sum of fifteen million five hundred thousand dollars, divided into shares of one hundred dollars each, and intended to secure the loan of said fifteen million five hundred thousand dollars, shall be opened after twenty days' notice given in all newspapers published in this state, and in all counties in which no newspaper may be established, notice shall be given by advertisement, posted up in three of the most public places in each of said counties, immediately after the promulgation of this act, under the inspection of ten managers, to be chosen by joint ballot, by the legislature; said books of subscription shall be kept open from 10 o'clock, a. M. until three, P. M. at the seat of government of this state, which said books shall be continued open for the six next ensuing months, and at the termination of which period of time, they shall be closed; immediately after the expiration of said term, the directors to be appointed, as hereafter provided for, or a majority of them, shall make a correct statement of the said subscriptions; and in case the whole sum subscribed for, shall amount to more than fifteen million five hundred thousand dollars, the said directors or a majority of them, shall deduct the amount of such excess from, first, the stock of which sufficient security shall not be offered, and then from the largest subscriptions, in such manner, that no subscription shall be reduced in amount, while any one remains larger; and in case the whole amount of one hundred and fifty thousand shares