of Madison

AN ACT, to divide Yazoo county, and to organize a new county out of the same.

SEC. 1. Be it enacted by the Senate and House of Repre sentatives of the state of Mississippi, in General Assembly Boundaries convened, That so much of the county of Yazoo as lies county. east of Big Black river, beginning on the east bank of said river, where the Hinds county line strikes the same, thence with said line to Pearl river, thence up said river to the Choctaw boundary line, thence with said boundary line to where it strikes the Big Black, thence down the Big Black river to the beginning, shall constitute a county, which shall be called the county of Madison.

holding

probate

SEC. 2. And be it further enacted, That the county courts Times of of the county of Madison, shall be held on the first MonCounty and days in March, June, September and December, in each and every year, and may continue two days at each term, and no longer; and the probate courts of the said county of Madison, shall be held four times in each year, at the times of holding the county courts of said county.

courts.

SEC. 3. And be it further enacted, That the place of Where holding the respective courts in the county of Madison, courts to be shall be at the present court-house of Yazoo county, until a court-house shall be built, as hereinafter provided for, and thereafter at such court-house.

held.

SEC. 4. And be it further enacted, That it shall be the Governor duty of the governor of this state, so soon as a judge of writ of probate is commissioned and qualified for the county of election for Madison, to issue a writ of election, directed to said judge

to

sheriff.;

issue

probate to

of probate, requiring him to hold an election for sheriff and coroner, for the said county of Madison, at the several places hereinafter provided for holding elections for members of the General Assembly.

SEC. 5. And be it further enacted, That it shall be the Judge of duty of the said judge of probate to give at least thirty give notice days' notice of said election, by advertising the same at tions. five of the most public places in said county of Madison, and otherwise conduct the same, in all respects, in conformity to the laws regulating elections.

of elec

Commis

SEC. 6. And be it further enacted, That Josiah S. Doak, Robert Carson, sen., John P. Thompson, Wm. Wilson, and sioners to Archibald McGehee, are hereby appointed commissioners select site for public to select a site for the erection of public buildings in said buildings. county of Madison; and that they are hereby authorized to receive, by donation or purchase, not more than one eighth of a section of land, nor less than twenty acres, and to contract for building a court-house and jail for said county.

court

County

cial tax.

to

SEC. 7. And be it further enacted, That the county court of the county of Madison, whenever the same is organized, shall have power to levy a special tax for such levy a spesum as they may deem necessary, not exceeding the amount of the state tax, to defray the expense of erecting a courthouse and jail, which said tax shall be paid over to the county court, or undertaker of such public buildings, on the certificate of the commissioners named in this act, that the work has been completed.

Collector

SEC. 8. And be it further enacted, That the assessor and collector of taxes, for the said county of Madison, shall to give give bond and security to the presiding justice of the bond. county court of Madison, in the penal sum of one thousand dollars, conditioned to comply with the provisions of this act.

county to

one

SEC. 9. And be it further enacted, That the county of Madison Madison shall be entitled to one member in the house of have representatives of this state, to be elected at the time, and representain the manner prescribed by law for holding elections in the several counties in this state.

tive.

To what

SEC. 10. And be it further enacted, That the county of senatorial Madison shall be attached to the same senatorial district in district which it has heretofore stood.

attached.

tute the

SEC. 11. And be it further enacted, That the county of To.constiMadison shall constitute a separate regiment, to be known 25th regiand styled the twenty-fifth regiment of Mississippi militia, ment and shall be organized agreeably to the existing militia law. of this state.

Place of

county and

SEC. 12. And be it further enacted, That the county holding and circuit courts for Yazoo county shall be held at the circuit house at present occupied by William P. Gadsbury, until courts in otherwise provided for by law.

Yazoo.

sioners

to

SEC. 13. And be it further enacted, That Joel A. George, Commis- Thomas Tinnon, Marcus Pierce, William Doak and Davis fix on a site Braysele be appointed commissioners to select a site for the for public buildings in court-house, for the county of Yazoo; and that they be authorized to receive, by donation or purchase, for the use of said county, not exceeding one eighth of a section of land, nor less than twenty acres; and if by purchase, they are hereby authorized to draw out of the county treasury, any moneys not otherwise appropriated.

Yazoo county.

meet

powers.

and

SEC. 14. And be it further enacted, That the commisWhen to sioners shall meet at such place as they may appoint, to their transact said business, at any time within sixty days after the passage of this act; they shall have full power to let out the erection of a court house and jail, to lay off town lots, and dispose of them for the benefit of said county of Yazoo, as they may deem expedient.

SEC. 15. And be it further enacted, That the county court County of the said county of Yazoo, shall have power to levy such Yazoo, to special tax, as they may deem necessary, not exceeding levy special the amount of the state tax, to be applied to erecting public

court of

tax.

be transfer. red to

Madison county.

buildings, and such sum as may be necessary, shall be paid over to the undertaker or undertakers of said buildings, on the certificate of the commissioners named in this act, that the work has been performed, and that the assessor and collector of said county of Yazoo, shall execute bond and security to the chief justice thereof, in the penal sum of one thousand dollars, conditioned to pay over to the said commissioners, or undertaker, or undertakers, all sums of money collected by him by virtue of this act.

SEC. 16. And be it further enacted, That all suits, plaints Suits to and actions which shall be pending in the circuit court of Yazoo county, at the passage of this act, where the defendants reside in the county of Madison, shall be transferred by the clerk of the circuit court of Yazoo county to the clerk of the circuit court of Madison county within sixty days after the passage of this act, or as soon thereafter as a clerk for the county of Madison shall be qualified to receive the same, to be acted on in the same manner as though they had originated in the county of Madison.

Places of

elections in

county.

SEC. 17. And be it further enacted, That the places of holding elections in the said county of Madison, in addition to the seat of justice, shall be as follows, to wit: one shall holding be held at the house of Robert Carson, and one at the house Madison of George Cohers, in said county, and shall be conducted agreeably to the laws regulating elections within this state. SEC. 18. And be it further enacted, That hereafter one additional election shall be held at the house of Solomon Wolfe, in the county of Yazoo, and instead of the election elections in formerly held at Jerksville, the same shall, in future, be Yazoo held at the place known by the name of Sitarcia, in the said county of Yazoo.

Approved, January 29, 1828.

Places of

holding

county.

AN ACT, to provide for holding to bail, in certain cases.

SEC. 1. Be it enacted by the Senate and House of Representatives of the state of Mississippi, in General Assembly convened, That in all actions, in which a capias ad respondendum shall have issued in the first instance, from any court of law in this state, and no bail shall have been required from the defendant or defendants; if at any time before judgment in such cause, the plaintiff shall be apprehensive that the defendant or defendants is, or are about to remove from the county or state, and affidavit thereof be made, and of the amount of plaintiff's claims, or of the damages believed to have been sustained, the clerk of the court, in which such suit is pending, shall issue a second writ in such cause, returnable to the next succeeding term of the court, after the date of such writ, and endorse thereon, bail to be taken for the amount sworn to;' which shall be executed by the sheriff, in the same manner as other writs requiring bail, and be returned accordingly; and, upon the return of such writ executed, the cause shall progress to a final judgment, in the same manner as if such writ, requiring bail, had been issued in the first instance. Approved, February 12, 1828.

AN ACT, to provide for the preservation of the books, maps, and stationery belonging to the state,

SEC. 1. Be it enacted by the Senate and House of Representatives of the state of Mississippi, in General Assembly Secretary convened, That all the books, maps and stationery belonging libra- to the state, shall hereafter be under the immediate superintendence and control of the secretary of state.

of state to

be

rian.

To build an office.

SEC. 2. And be it further enacted, That it shall be the duty of the said secretary to procure, by purchase, rent or otherwise, a suitable house, contiguous to the state-house, which shall be occupied by the secretary as his office, and in which he shall deposite all the books, maps and stationery belonging to the state.

SEC. 3. And be it further enacted, That no book or map To require shall be delivered to any member of either house of the receipts for loan of general assembly, or other public functionary, unless the

books.

applicant shall deposite, with the said secretary, a written receipt therefor, and for the return of which he shall thereafter be held individually responsible.

SEC. 4. And be it further enacted, That it shall be the To furnish duty of the secretary of state to furnish, annually the ocks president of the senate and speaker of the house of repreannually. sentatives, with a catalogue of all the books and maps belong

catalogue

of

ing to the state; and it shall be the duty of said president and speaker to have the said list or catalogue pasted up in some suitable part of their respective houses, for the inspection of the members.

Approved, February 1, 1828.

AN ACT, to change the times of holding the County Courts, in and for the county of Marion, and for other purposes.

SEC. 1. Be it enacted by the Senate and House of Representatives of the state of Mississippi, in General Assembly Time of convened, That from and after the passage of this act, the holding county court for the county of Marion, shall be held on the Marion co. first Mondays in March, June, September and December, changed. in each and every year.

courts in