surer to is

&c.

to negotiate a loan of two hundred and fifty thousand dollars at an interest not exceeding six per cent. per annum; and for the reimbursement of the same, he is hereby authorized to pledge the faith of the state.

SEc. 2. And be it further enacted, That the treasurer of State trea- the state shall issue a bond, or bonds, for the sum specified sue bonds, in the foregoing section, when required so to do by the governor of the state, which said bond or bonds shall carry on the face of them an interest not exceeding six per cent. per annum, payable semi-annually or annually, at the treasury of the state of Mississippi, or at the bank of the state of Mississippi, as may be agreed on by the contracting parties.

SEC. 3. And be it further enacted, That said bond or Bonds to bonds shall be redeemed at the treasury of the state of Mississippi, on the last day of December, eighteen hundred and forty.

be redeem

ed.

Governor

SEC. 4. And be it further enacted, That it shall be the to pay debt duty of the governor, for the time being, to pay out of the due bank. loan so negotiated, the debt due by the state, to the bank of the state of Mississippi.

Approved, February 5, 1827.

AN ACT, to repeal a part of the 14th section of the act, entitled 'an act, concerning Attorneys and Counsellors at law.'

SEC. 1. Be it enacted by the Senate and House of Representatives of the state of Mississippi, in General Assembly convened, That so much of the fourteenth section of the act, entitled 'an act, concerning attorneys and counsellors at law,' passed 25th June, 1822, as prohibits justices of the peace from appearing and pleading for any person or persons within the county for which he shall have been appointed, be, and the same is hereby repealed: Provided, that no attorney shall appear in any case which he shall have decided as justice of the peace.

Approved, February 6, 1827.

AN ACT, to establish a permanent seat of Justice, in and for the county of Yazoo, and for other purposes.

sioners ap

SEC. 1. Be it enacted by the Senate and House of Representatives of the state of Mississippi, in General Assembly convened, That on the first Monday in April next, and the Commisday following, an election shall be held in the county of pointed. Yazoo, at the several places of holding elections for members of the General Assembly; for the purpose of electing five commissioners to select a permanent seat of justice, in and for said county.

hold elec

SEC. 2. And be it further enacted, That it shall be the duty of the sheriff of said county of Yazoo, to attend and, Sheriff to hold said elections as aforesaid, by himself or deputy, in tion. the same manner as elections are held for members of the General Assembly.

sioners to

and

SEC. 3. And be it further enacted, That the said commissioners, so elected, shall, within fifteen days after they shall Commishave been elected, meet at the house of Gibson Moores, and meet proceed to make the selection contemplated by this act, make selec with full power to receive, by donation or otherwise, not site. less than twenty, nor more than one eighth of a section of land for the purpose herein before mentioned; and the said commissioners shall be, and they are hereby authorized and empowered to lay off a town on such part of the location so made, and on such place as they may deem advisable.

Title

SEC. 4. And be it further enacted, That the title to the said lot or parcel of land, when obtained, shall be valid to declared the said commissioners, for and on behalf of said county, to valid. all intents and purposes, and said commissioners shall cause the said lots, so laid off, to be sold at public auction, on a credit of twelve months, and shall take bond with good and sufficient security for the payment of the same.

town.

SEC. 5. And be it further enacted, That the said town, when so laid off, shall be called and known by the name of Name of 'Benton,' and that the place so selected shall not be more than five miles from the centre of said county; and the county surveyor shall make a correct map of said town, Surveyor to which he shall certify and return to said commissioners, make a map who shall deliver the same to the clerk of the county court,

sioners to

court-house

and jail.

whose duty it shall be to record the same in his office; and the said commissioners are hereby authorized to pay to said surveyor, for the services required by this act, a reasonable compensation.

SEC. 6. And be it further enacted, That the aforesaid Commis- commissioners or a majority of them shall contract with contract for some suitable person or persons, for the building of a courtbuilding house and jail for the county aforesaid, or let the erection of the said buildings to the lowest bidder, by giving thirty days notice by advertisement in three public places in said county; and the said commissioners shall take from the person or persons undertaking said building, a bond with approved security, in double the amount of said contract, payable to the judge of probate of said county and his successors in office, conditioned that he or they will complete said buildings agreeable to contract; and it shall be the duty of said commissioners to call on the county court of said county, for a plan of the public buildings for said county.

authorized.

SEC. 7. And be it further enacted, That for the year one Special tax thousand eight hundred and twenty-seven, and for the year one thousand eight hundred and twenty-eight, and for the year one thousand eight hundred and twenty-nine, a tax amounting to one half of the state tax, shall be paid by all persons in the county of Yazoo, who are subject to taxation, to the collector of the state tax, whose duty it shall be to pay over to the commissioners aforesaid, for the erection of the public buildings for the county aforesaid.

Tax collector give bond.

SEC. 8. And be it further enacted, That the tax collector of said county shall enter into bond, payable to the to judge of probate for said county, and his successors in office, in such sum and with such security, as may be approved of by the probate and county court of the county aforesaid, conditioned that he will faithfully assess, collect and pay over to the commissioners aforesaid, for which he shall receive the same per centum as is allowed for collecting the state tax.

Majority

SEC. 9. And be it further enacted, That a majority of of commis- the said commissioners shall be a quorum to do business; and in case of a vacancy by resignation, death, or refusal to

sioners a

quorum.

act, it shall be the duty of the probate and county court to

fill such vacancy.

Proceeds

SEC. 10. And be it further enacted, That the proceeds of sales to of the sales of lots in the town of Benton, as contemplated defray expense of in the third and fourth sections of this act, shall be appro- public priated towards defraying the expenses of erecting the buildings. public buildings contemplated in this act.

Approved, January 31, 1827.

AN ACT, concerning the Three per cent. Fund.

Commis

auditor of

accounts

SEC. 1. Be it enacted by the Senate and House of Representatives of the state of Mississippi, in General Assembly convened, That it shall be the duty of the several boards of commissioners, whether constituted of private individuals or of previously organized bodies, nominated in the report several acts heretofore passed, making appropriations to public be paid out of the three per cent. fund, to report to the auditor of public accounts; which report shall be by him laid before the next general assembly of the state of Mississippi, what contracts have been entered into for effecting the different objects in such several acts specified, and what sums have been disbursed by such commissioners severally on account of such contracts.

SEC. 2. And be it further enacted, That it shall be the duty of the several boards of commissioners aforesaid, when no contract has been entered into to effect the object for which such board was organized or empowered, (as the case may be,) to report such fact to the authority aforesaid.

ing appro

not carried

next, pay

SEC. 3. And be it further enacted, That in all cases where no contract shall have been made by the commis- Acts maksioners appointed to carry into effect any object contem- priations, plated in the act constituting such commissioners, on or into before the day of the meeting of the next general assembly before Jan. of this state, then, and in all such cases, all acts heretofore ment to bepassed making such appropriation, shall become null and and void. void; and the general assembly may proceed to appropriate such funds to any object to which such are by law applicable.

come null

SEC. 4. 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.

clause.

Approved, February 2, 1827.

AN ACT, to amend the one hundred and twenty-second section of an an act, entitled 'an act, to reduce into one the several acts and parts of acts concerning the establishment, jurisdiction, and powers of the Superior Courts of Law.'

SEC. 1. Be it enacted by the Senate and House of Representatives of the state of Mississippi, in General Assembly Repealing convened, That so much of the above recited act and secclause. tion as requires the clerk and sheriff of the counties of Wayne and Amite, to draw from the jury box the names of fifty-one persons, be, and the same is hereby repealed. SEC. 2. And be it further enacted, That from and after the passage of this act, there shall be drawn, as prescribed original by law, the names of thirty-six persons, to serve as jurors venire. at the next succeeding terms of the circuit court in and for the counties of Wayne and Amite, and no more. Approved, February 5, 1827.

Number of

AN ACT, to amend the eighteenth section of an act, concerning strays and drovers, horses, cattle and other stock, and directing stock marks and brands to be recorded, passed June 25th, 1822.

Ssc. 1. Be it enacted by the Senate and House of Representatives of the state of Mississippi, in General Assembly Repealing convened, That the eighteenth section of the act above clause. referred to, be, and the same is hereby repealed, so far as it

operates against the inhabitants of Jackson and Hancock counties, when they or any of the inhabitants of the counties aforesaid shall convey from this state any of their stock by water.

SEC. 2. And be it further enacted, That whenever any of the inhabitants of the counties aforesaid shall remove any cattle from said counties by water, it shall be the duty