clause. SEC. 8. And be it further enacted, That all acts and parts Repealing of acts, coming within the meaning and purview of this act, be and the same are hereby repealed. SEC. 9. And be it further enacted, That so much of the second section of an act, entitled 'an act,' concerning the appointment and duties of constables which imposes a fine of fifty dollars, on any person appointed to the office of constable by the county court, who refuses to serve in their respective counties, be and the same is hereby repealed. SEC. 10. And be it further enacted, That so much of the 33d section of an act, entitled 'an act to reduce into one the several acts, concerning slaves, free negroes and mulattoes,' as goes to define and better to establish what slaves shall be lawfully deemed runaways, be, and the same is hereby repealed. Approved, January 25, 1826. Do. Do. AN ACT, to amend an act, entitled 'an act, to reduce into one the several acts, concerning Last Wills and Testaments, the duties of Executors, Administrators and Guardians, the rights of Orphans, and other Representatives of deceased persons.' Within suit to be SEC. 1. Be it enacted by the Senate and House of Representatives of the state of Mississippi, in General Assembly what time convened, That no suit or action shall be brought against brought any executor or administrator, in such capacity, till after against exthe expiration of nine months from the date of proving the administrawill of testator, or granting letters of administration. ecutors or tors. Orphans' may permit a court SEC. 2. And be it further enacted, That on application of any person to whom letters testamentay or of administration may have been granted, it shall be lawful for the orphans' court of the proper county, to permit such person or persons to surrender his, her or their executorship or administration, by giving sixty days notice, by advertisement, surrender at the door of the court-house, and by publishing the same ship, &c. in some newspaper of this state, for such time as the court may consider necessary, and settling with the court, so far as his, her, or their administration may have extended; and the said court shall make such allowance to such person or of executor persons as they may deem right and proper, according to the statute, in such cases made and provided; unless it Proviso. should appear to the court that injury would result to those interested in said estates, and to re-grant letters testamentary or of administration to such persons as may be entitled to the same. tion of 93d section. SEC. 3. And be it further enacted, That the ninety-third Construc- section of an act, to which this is an amendment, shall not be construed so as to prevent executors, administrators or guardians from selling for cash, or consigning for sale, the crop or crops of cotton or corn they may have charge of, provided they obtain an order from the orphans' court of the proper county. SEC. 4. And be it further enacted, That guardians who Guardians reside out of this state, and within any one of the United of the state. States, whose wards have estates therein, may apply to the residing out order sale of court having jurisdiction of the matter, and file a certified copy of his letters of guardianship, under the seal of that court granting the same, giving bond in such sum, with such security as shall be required by the court to whom application is made, conditioned as the law requires; and the court shall grant to every such guardian, all the rights and privileges, that are by law exercised by other guardians of this state. SEC. 5. And be it further enacted, That when, in the Court may opinion of the court of probate, it shall be advisable to sell real the real estate of any deceased person or persons to pay the debts thereof, the said court shall have power to order the sale thereof; which sale shall be regulated as in cases of the sale of personal property. estate. SEC. 6. And be it further enacted, That all acts, and parts Repealing of acts, coming within the purview and meaning of this act, be, and the same are hereby repealed. clause. Approved, January 28, 1826. AN ACT, to amend the seventh section of an act, entitled 'an act to prevent trespasses in certain cases, and declaring what shall be deemed a lawful enclosure.' SEC. 1. Be it enacted by the Senate and House of Representatives of the state of Mississippi, in General Assembly convened, That if any person shall cut down, carry away or destroy any live oak, or shall cut off, carry away or destroy any limb or limbs of any live oak upon any lands not his own, without first having the consent of the owner, he shall forfeit and pay to the owner thereof fifty dollars for every such tree or limbs so cut, carried away or destroyed, without leave as aforesaid, to be recovered in the same manner as is provided in the said section to which this is an amendment. Approved, January 23, 1827. AN ACT, to amend an act, entitled 'an act concerning the appointment and duties of County Treasurers. treasurer credit for unless he make oath SEC. 1. Be it enacted by the Senate and House of Representatives of the state of Mississippi, in General Assembly County convened, That from and after the passage of this act, no not to be county treasurer shall be allowed any credit for any vouch- allowed er or vouchers, which he may present in the settlement of voucher, any account or accounts whatever, until he shall first have taken an oath or affirmation that he has paid the full amount he has paid of said voucher or vouchers in money, or that he hath value of the received them in payment of county dues, and that he hath not speculated thereon himself nor hath he been directly or indirectly interested in any speculation that may have been made thereon. the full same. county SEC. 2. And be it further enacted, That hereafter no Speculaclaim or claims against any county in this state shall be tion on received by the county treasurers of the respective counties paper profrom any assessor and collector of taxes, or from any clerk or sheriff, unless the said assessors aud collectors, clerks hibited. and sheriffs shall make oath or affirmation (which said oath the county treasurers are authorized to administer) that they have paid the full amount expressed on the face of said claim or claims, and that they have not directly or indirectly speculated on the public money. Approved, January 23, 1827. AN ACT, to amend the twenty-first section of an act, to reduce into one the several acts, concerning executions, and for the relief of insolvent debtors. SEC. 1. Be it enacted by the Senate and House of Representatives of the state of Mississippi, in General Assembly convened, That in addition to the days now prescribed by law on which property under execution may be sold, it shall hereafter be lawful for sheriffs to sell any property under execution on the first Mondays and Tuesdays of the terms of the circuit courts in their respective counties, such property having been previously advertised according to law. Approved, February 7, 1827 AN ACT, explanatory of the twenty-eighth section of the Revenue law. SEC. 1. Be it enacted by the Senate and House of Representatives of the state of Mississippi, in General Assembly convened, That the twenty-eighth section of an act, entitled 'an act, prescribing the mode of ascertaining and assessing the taxable property within this state, and for collecting the public revenue,' passed June 25, 1822, shall not hereafter be so construed as to allow any asssesor of taxes within this state, the sum of one hundred dollars for assessing the county tax of their respective counties, unless the per centum allowed by law for assessing the same amounts to that sum, and that nothing in this act shall be so construed as to prevent the recovery of any sum or sums here tofore wrongfully detained by or allowed to any assessor and collector of taxes of any county in this state. Approved, February 6, 1827. AN ACT, supplemental to an act, entitled, an act to provide for leasing the Seminary lands. Auditor authorized to lease lands. SEC. 1. Be it enacted by the Senate and House of Representatives of the State of Mississippi, in General Assembly convened, That the auditor of public accounts be, and he is hereby authorized to lease to the highest bidder, any tract seminary or tracts of land belonging to the donation of thirty-six sections given by the United States to this state, for a seminary of learning, whenever the present lease may expire, in manner and form as expressed in the act entitled, 'an act to provide for the leasing of the seminary lands,' approved January twenty-ninth, 1825, giving public notice thereof for thirty days previous, by publishing in some newspaper, for the expense of which he is hereby authorized to issue his warrant upon the state treasury. SEC. 2. And be it further enacted, That the ferry, where the road crosses Big Black, from Jackson to Vicksburg, is hereby declared to be established on lot number seven, section nineteen, township six, range four, west; and it shall not be lawful for any board of road commissioners to establish a ferry on any other part of said location embraced in the remaining part of four sections. And the ferry hereby established shall, as to rates, be under the direction and control of the board of commissioners for roads, bridges, highways and ferries in and for Hinds county, whose duty it shall be to rate the same once in every year, and the keeper of such ferries shall be liable in all other respects to the provisions and penalties of all and every other law respecting ferries, as though this law had not passed. SEC. 3. And be it further enacted, That it shall be lawful for the auditor of public accounts to deliver up to the individual his bond binding him to make certain improvements on lot number five, section seventeen, township six, range Ferry established. Auditor up bond. |