which they for the amount acknowledged to be due by the defendant, the order in with such stay of execution as may be agreed on in writing are docketbetween the parties; and such judgments, so rendered, ed. shall be final on the last day of the term of the court at Judgment which the same are rendered: unless it shall be made to to be final. appear to the satisfaction of the court, that some error or mistake has been committed, or that fraud has been intended; in either case the court shall direct an issue to be made up, a jury empannelled, and the cause tried at the same term of said court, unless good cause be shown for continuance-as in other cases. to be bind ing. SEC. 6. And be it further enacted, That the judgments, so rendered, under the provisions of this act, shall, on the Judgment last day of the term, be as binding and as obligatory, and answer all the purposes of a judgment rendered according to the provisions of the act to which this is an amendment. SEC. 7. And be it further enacted, That it shall be the duty of the clerk to make up, and enter in his record book, record a full and complete record of all the proceedings in such the prosuits, within the time, and under the penalty prescribed by said suits. the one hundred and fifty-sixth section of the act to which this is an amendment. Clerk to all ceedings in the clerk SEC. 8. And be it further enacted, That for the services. rendered under the provisions of this act, the clerk shall Fees of receive and charge in the bill of cost, the following and no and sheriff. other fees: For making out the papers in the cause, fifty cents. For docketing, twelve and one half cents. For filing the papers relating to the cause, twelve and one half cents. For entering judgment thereon, twenty-five cents. For making up final record, one dollar. For issuing execution and services rendered, subsequent to the rendition of judgment, the clerk and sheriff shall be entitled to the same fees now allowed by law in other cases, and in no case whatever shall any attorneys' fees be taxed in the bill of costs. Approved, February 10, 1830. AN ACT, to amend an act, entitled 'an act, concerning Attorneys and Counsellors at law;' passed June 25, 1822. 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 second section of the above recited act, as prohibits the judges of the supreme court, or any one of them, from granting special or temporary license to non-resident attorneys, be repealed, so far as to admit any attorney and counsellor at law, resident in coterminous states, to practice law in this state, under the same restrictions, rules and regulations that lawyers resident in this state are permitted to practice in such coterminous states; and provided, that it shall not be required of such attorneys and counsellors at law, to take an oath to support the constitution of the state of Mississippi. Approved, January 30, 1830. AN ACT, to amend 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. SEC. 1. Be il enacted by the Senate and House of Representatives of the state of Mississippi, in General Assembly convened, That hereafter, the collector of taxes in Claiborne county, shall give bond and security in the sum of fifteen thousand dollars. SEC. 2. And be it further enacted, That so much of the act to which this is an amendment, as requires the collector of taxes in Claiborne county to give bond and security in the sum of ten thousand dollars be and the same is hereby repealed. Approved, February 10, 1830. AN ACT, to compel Clerks, Registers, and Sheriffs, to keep their offices at their respective court-houses. SEC. 1. Be it enacted by the Senate and House of Representatives of the state of Mississippi, in General Assembly convened, That from and after the first day of May next, it shall be the duty of the respective clerks of the circuit courts, county courts, registers of the orphans' courts, and sheriffs, to keep their offices at the court-houses of their respective counties, or within three miles thereof; in all cases where offices are not provided for the said officers at the court-house, it shall be the duty of the said several officers to keep their respective offices at their respective court-houses. SEC. 2. And be it further enacted, That any clerk, register, or sheriff, who shall fail to comply with the provisions of the first section of this act, shall be liable to a penalty of two hundred dollars, recoverable by action of debt before any court having jurisdiction thereof; one half to the use of any person who will sue for the same, and the other half to the use of the county wherein said officer shall reside Provided, that this act shall not extend to the counties of Jackson and Jones. Approved, February 5, 1830. AN ACT, to amend an act, entitled 'an act to establish a Court of Repealing 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 fourth and fifth sections of the above recited act as excludes and excepts the county of clause. Monroe from the several provisions of said fourth and fifth sections be, and the same is hereby repealed. SEC. 2. And be it further enacted, That the several justices of the peace in this state, shall hereafter, be go accruing on a verned, in taking jurisdiction of any debt due by bill, bond, Interest open account or other contract, by the sum stipulated for debt and agreed upon in any such contract, and shall consider within is the interest, if any there be, which may have accrued on diction not any such debt, demand or contract, as damages incidental sidered as to the same, and any such interest shall not form a part of tice's juris to be con part of original demand. the original demand, debt or eontract, so as to deprive them of jurisdiction of the same; but the interest, if any has accrued, shall be adjudged to the plaintiff as damages collaterally with the principal debt, demand or contract. SEC. 3. And be it further enacted, That all cases which Writs of may hereafter be decided by any justice of the peace in this certiorari state, may be, upon good cause shewn by petition, supsedas with- ported by affidavit, removed into any court having jurisdictime to be tion thereof, by writ of certiorari and supersedeas; which granted. and super in what writ or writs, as necessity may require, shall be granted by the chief justice of the county court, or any of the judges of the superior courts of law in this state; and it may be lawful for any party seeking such writ or writs to apply for the same at any time within twelve months after any such cause may have been determined; the party in all cases giving bond, with approved security, as in cases of appeal from justices of the peace, and any cause so carried up by certiorari shall be tried de novo, on its merits. Approved, February 11, 1830. AN ACT, to amend an act, concerning highways, ferries, and bridges, passed June 29th, 1822. SEC. 1. Be it enacted by the Senate and House of Representatives of the state of Mississippi, in General Assembly convened, That from and after the passage of this act, it may be lawful for the board of road commissioners, appointed under the act concerning highways, ferries and bridges, passed June 29, 1822, to which this is an amendment, in the counties of Jackson and Jones, in appointing a jury to lay off a new road or roads in said counties, to appoint householders with such freeholders as they may think proper to compose the number required by law. Approved, February 12, 1830. AN ACT, prescribing the time, manner and place of holding elections for Senators to Congress. SEC. 1. Be it enacted by the Senate and House of Representatives of the state of Mississippi, in General Assembly convened, That at the regular session of the general assembly of this state, next preceding the expiration of the term of a United States senator, or at any other session at which a vacancy or executive appointment shall be reported by the governor, shall be the time of electing United States' senators; the manner shall be by vote of each member of the senate and each member of the house of representatives in the state legislature, and the place of holding such elections shall be in the hall of the house of representatives of this state, and the particular day and hour of such election shall be determined in each case by a joint resolution of both houses. Approved, February 5, 1830. AN ACT, to amend an act, entitled 'an act to establish a Court of Probate for the granting of letters testamentary of administration and guardianship, for county police, and for the trial of slaves.' manner decisions of probate chancery or SEC. 1. Be it enacted by the Senate and House of Repre sentatives of the state of Mississippi, in General Assembly convened, That whenever any person may feel himself or In what herself aggrieved by any judgment, decree, decision or persons agorder of the county and probate court, he or she shall have grieved by the liberty of appealing to the court of chancery or supreme county and court of the state, upon the appellants giving bond with court may good and sufficient security, approved of by said court, and appeal to in such sum as they shall direct; conditioned, that the supreme appellant shall prosecute said appeal to effect, and perform the sentence, judgment, or decree which the said court of chancery or supreme court shall make thereon; in case the cause be decided against him or her, which bond may be put in suit in the name of the said judge of probate, and the amount recovered thereon applied as the said orphans' court shall direct, among those injured by breach of the condition thereof. court. |