cess to be

cuit courts of the county to which the defendant may be brought; and whereas a more effectual remedy is wanting, to enforce the rights of the state, and of her citizens, against all persons within said portion of the state-Therefore,

SEC. 1. Be it enacted by the Senate and House of Repre sentatives of the state of Mississippi, in General Assembly Civil pro- convened, That from and after the passage of this act, all extended process emanating from any court, judge, or justice of the peace, shall be extended into, and over all that tract of territory lying within the chartered limits of this state, which is now occupied by the Chickasaw and Choctaw tribes of Indians.

into the Indian nations.

SEC. 2. And be it further enacted, That the process for the county of Wayne, shall extend over all that tract of

To what country, lying east of the military road, and south of Nox

counties Indian territory attached.

ubbee river, to the eastern boundary line of this state; that process for the counties of Simpson and Rankin, respectively, shall extend over all that tract of country, lying west of said military road, and east of the great mail road, known by the name of Robinson's road, and south of said Noxubbee river; that the process for the county of Madison, shall extend over all that tract of country lying west of said Robinson's road, and east of the Big Black river, and south of the road leading from Mayhew to Elliott, which are missionary stations, to the point where said road crosses the road known by the name of the old Natchez trace; thence, in a direct line to the source of the said Noxubbee river; that process for the county of Yazoo, shall extend over all that tract of country lying west of the Big Black river, and cast of the Mississippi river, and south of said road leading from Mayhew to Elliott, as aforesaid; that the process for the county of Washington, shall extend over all that tract of country lying north of said road leading from Mayhew to Elliott, and from thence to the Mississippi river, opposite to Helena, and west of the road which runs from Elliott to the northern boundary of the state, in the direction to Memphis, in the state of Tennessee; and that the process for the county of Monroe, shall extend over all the remaining portions of country contained within the

Sheriff's fees for

chartered limits of this state, now occupied by the Chickasaw and Choctaw tribes of Indians, as aforesaid, which is not herein particularly described, and given to the jurisdiction of the respective counties herein named: Provided, that nothing in this act contained, shall be so construed, as to apply to any individual of either of the aforesaid tribes. SEC. 3. And be it further enacted, That for every mile the sheriff of the several counties mentioned in this act, serving may necessarily be compelled to travel in executing the process contemplated and specified in this act, they shall be entitled to receive the sum of six and one quarter cents per mile, to be paid as costs in other cases, in going and returning.

Approved, February 4, 1829.

process.

AN ACT, explanatory of certain Statutes of Limitation. Whereas doubts have arisen as to the true intent and meaning of the second section of the eighty-fifth chapter of the acts passed in the year eighteen hundred and twentyseven, and also of the second section of the eighty-ninth chapter of the acts passed in the year eighteen hundred and twenty-eight, the provisions of the said act of eighteen hundred and twenty-seven, having been erroneously construed, as operating a repeal of the statute of limitations of eighteen hundred and twenty-two, in the several actions enumerated in the fourth section of the twenty-first chapter of the revised code; and whereas the period of time barring the said several actions enumerated in the said fourth section of the twenty-first chapter of the said code, was alone intended to be altered by the said act of eighteen hundred and twenty-seven, namely: from six to three years, excepting actions on promissory notes, as to which, the provisions of the said act of eighteen hundred and twenty-two remained unchanged; and whereas the said act of eighteen hundred and twenty-seven was repealed, and the original provisions of the said fourth section of the twenty-first chapter of the said code, revised by the said act of eighteen hundred and twenty-eight-Therefore :

Preamble.

Act 1827

of

con

SEC. 1. Be it enacted by the Senate and House of Representatives of the state of Mississippi, in General Assembly strued and convened, That the said act of eighteen hundred and explained. twenty-seven shall be so construed as not to repeal the act

Act 1828

strued.

of limitations of eighteen hundred and twenty-two, in the several actions embraced in the fourth section of the twentyfirst chapter of the revised code, but only as an alteration. of the time required to bar said actions, and that the said act of eighteen hundred and twenty-seven shall not be so construed as to revive any cause of action which was barred under the said fourth section of the twenty-first chapter of the said code, at the time of the passage of the said act of eighteen hundred and twenty-seven.

SEC. 2. And be it further enacted, That the said act of of eighteen hundred and twenty-eight, repealing the said con- second section of the act of eighteen hundred and twenty

seven, and reviving the said fourth section of the twentyfirst chapter of the revised code, shall not be so construed as to revive any cause of action barred or intended to be barred under either of the said acts of eighteen hundred and twenty-two or eighteen hundred and twenty-seven, at the time of the passage of the said act of eighteen hundred and twenty-eight.

Approved, January 29, 1829.

AN ACT to provide for the location of a permanent seat of justice, for the county of Madison.

SEC. 1. Be it enacted by the Senate and House of Representatives of the state of Mississippi, in General Assembly Election to convened, That on the first Monday in March next, and the be held for day following, an election shall be held at the several places sioners to of holding elections in the county of Madison, by the citiof justice zens thereof (of one month's residence,) for the purpose of for Madison electing five commissioners to select a site for the seat of

commis

locate seat

county.

justice, in and for said county, which election shall be conducted by the sheriff of said county, in the manner prescribed by the laws regulating elections of members of the general assembly.

summons

sioners

SEC. 2. And be it further enacted, That it shall be the duty of the sheriff of said county, at as early a period after Sheriff to the election as may be convenient, to summons the said com- commismissioners elect, to appear before some judge or justice of elect. said county, when and where they shall severally take and subscribe the following oath: 'You do solemnly swear (or affirm) that you will choose and select the most eligible situation for a seat of justice, in and for the county of Madison, to the best of your judgment, without favour, partiality, or prejudice, so help you God'—which oath shall be certified by the officer before whom it is taken, and by him deposited with the clerk of the county court,

to be recorded.

Their oath.

sioners may

nation for

SEC. 3. And be it further enacted, That the said commissioners shall have power to contract for, or receive as Commisa donation, and cause to be conveyed to the county of receive do Madison, such tract of land as they may select, of not less than twenty, nor more than one hundred acres; and lay off or cause to be laid off, so much thereof in town lots as they may deem necessary.

county site.

co. court.

to

SEC. 4. And be it further enacted, That when the said commissioners shall have performed the duties required of To make them, they shall make a full, ample, and correct report of report their proceedings, accompanied by a plat of said town to the county court of said county, who shall have power to cause to be sold at such time, and on such terms, so much of the said tract of land, or so many of said lots as they may deem proper, and convey the same to purchasers by deed, signed by the chief justice of said county court; which deeds when so executed, shall vest a good and perfect fee-simple title to the person or persons, corporation or corporations, in whose favour they are intended to be made, and appropriate the money arising therefrom to the erection of a jail and court-house for said county.

cause lots

SEC. 5. And be it further enacted, That if the said court shall think proper to cause said town lots or land to be sold Court may on a credit, they shall secure payment by notes, with good to be sold security, made payable to the chief justice of the county on a credit. court of Madison county, and his successors in office, who shall have power to collect the same by suit in any court having competent jurisdiction.

May con

tract for

court-house

and and

SEC. 6. And be it further enacted, That the said county court shall have power to contract for, and cause to be building erected on a suitable place on the tract of land hereby dijail, rected to be selected for a seat of justice, a good and suffimay cient jail and court-house for said county; and if they find the money arising from the sale of said town lots to be insufficient for the purpose, they are hereby authorized to levy a special tax, not to exceed the state tax.

levy tax.

to

SEC. 7. And be it further enacted, That the tax colCollector lector for said county, shall give bond with good and give sufficient security to the chief justice of the county court,

bond.

Courts to

conditioned, that he will faithfully assess, collect, and pay into the county treasury, the said special tax, for which he shall receive, as compensation, the same per centum as is provided by law for the collection of the state tax.

SEC. 8. And be it further enacted, That the several courts of the county of Madison, shall continue to be held be held at at Beaty's bluff, until the county court shall certify that Beaty's bluff, until the court-house directed to be built, is ready to receive the new court- several courts; which certificate shall be inserted three

house

ready.

is

times in some newspaper in this state.

SEC. 9. And be it further enacted, That the county court of said county, shall have power to sell and convey co. court. all the real property thereof which they may deem proper,

Powers of

and provide for, and settle all just claims against the said county that may now exist, for services performed, and contracts entered into and executed for the county.

SEC. 10. And be it further enacted, That the county

court of Madison county, shall have power to re-convey, May reconvey land to or cause to be re-conveyed to William Shaw, all, or such Wm. Shaw. part of the tract of land donated to the said county by him

May cancel

for a county seat, as may be just and equitable: Provided, that the said county court shall still retain the right of selling or removing the court-house erected thereon.

SEC. 11. And be it further enacted, That the said county court shall have power to cancel all notes or bonds given bonds given to the commissioners for the erection of public buildings in said county, on condition that the makers or obligees shall re-convey to the said William Shaw the lots of land, for the purchase of which they were given.

to commis

sioners.