code, &c. police of each of the counties named in this act, or the Copies of commissioners appointed to organize the same, five copies to be furof the revised code, and five copies of each of the acts of nished by each session of the legislature, since the year 1823; and tary of ten copies of the revised constitution, if the same be at his command, to be distributed amongst the officers of said. counties, in the manner prescribed by law. the secre state. to continue SEC. 6. And be it further enacted, That all justices of Justices of the peace and constables that may be elected and qualified peace, &c. in said counties, shall continue in office until their succes- in office till sors shall be duly elected and qualified, and this act shall be in force, and take effect, from and after the first day of qualified. March next. their successors are counties to SEC. 7. And be it further enacted, That the courts of Jurisdiction the counties of Monroe, Tallahatchee, and Washington, of former shall continue to have jurisdiction over the territory com- continue prised in the several new counties herein before mentioned, until organized. as heretofore, until the said new counties herein named, shall be organized as prescribed by this act. Approved, February 14, 1836. AN ACT to define the boundary line between the counties of Jackson and Hancock. Be it enacted by the Legislature of the state of Mississippi, as follows: defined. SECTION 1. That the boundary line between the counties of Jackson and Hancock below the north line of township Boundaries four south, of the line of demarcation, in range nine west, shall commence on the sectional line between sections three and four, of said township, and continue due south upon the same, to the east shore of the bay of Biloxi, thence along the said shore, south-east, to where the range line between ranges eight and nine strikes said bay. SEC. 2. That all acts and parts of acts, contravening the Former acts repealprovisions of this act, be, and the same are hereby repealed. ed. Approved, February 24, 1836. Certain streams declared AN ACT declaring the Yallabusha, Lusascuna rivers, navigable streams. SECTION 1. Be it enacted by the Legislature of the state of Mississippi, That the Yallabusha river, from its mouth, up to the seventh range, and the Lusascuna, from its navigable mouth, to the mouth of Turkey creek, be, and the same are structions hereby declared to be navigable streams; and all manner therein prohibited. of obstructions to the free navigation of each of said rivers, is hereby prohibited. and ob Act to take effect. SEC. 2. And be it further enacted, That this act shall be in force from the day of the passage thereof Approved, February 4, 1836. Persons ber adrift for each offence. AN ACT to prevent obstruction in the navigation of the Yazoo, Little river, or Tchula lake, Cold Water, Tallahatchee, and Yallabusha rivers. SECTION 1. Be it enacted by the Legislature of the state of Mississippi, That if any person or persons, shall, after setting tim- the first day of June next, turn adrift, or set afloat, on any to pay a of the aforesaid rivers, any logs of wood or timber, in penalty of fifty dollars quantities exceeding one tier, and the same not being under the immediate guidance and control of some person or persons capable of managing the same, he, she, or they for every such offence, shall forfeit and pay the sum of fifty dollars, upon conviction before any justice of the peace in this state, and shall moreover forfeit the whole of such floating timber, to any person or persons, who may secure the same, so that no further obstructions may occur to any steamboat, or any other craft navigating the said rivers, Approved, February 4, 1836. AN ACT, to define the boundaries of a certain county therein named, and for other purposes. SECTION 1. Be it enacted by the Legislature of the state Boundaries. of Mississippi, That the territory within the following boundaries, viz., townships, numbers five, six, seven, and eight, of ranges, numbers ten, eleven, twelve, and thirteen, east of the basis meridian, shall form a new county, to be called the county of Newton. sioners. SEC. 2. And be it further enacted, That the following persons, to wit William Doneralson, Michael Thomas, and CommisFrancis Jones, be, and they are hereby appointed commissioners to organize said county of Newton, and full power and authority is hereby given to said commissioners or either of them, to do any and all acts, necessary to the organizing of said county in the most speedy manner, under such rules and regulations as may be necessary. the police commis SEC. 3. And be it further enacted, That the members of the police court, of the county organized by this act, shall Members of be commissioned by the governor, upon the certificate of court how the commissioners, or either of them, appointed by this act, chosen and that such persons are duly elected members of the said sioned. police court, and said members may be qualified by any of said commissioners, or by any other person authorized to administer an oath in this state; and the members of the county police of said county, after having been elected, and qualified, as aforesaid, shall hold such terms of the police court of said county as they may deem necessary for the arrangement of the business of the county. turns at the SEC. 4. And be it further enacted, That the president of Who to the board of police of the county organized by this act, is make rehereby appointed returning officer for the county at the first elecfirst election, to be holden in said county for county officers. tion. courts, by SEC. 5. And be it further enacted, That the board of county police of the county aforesaid, be, and the same is Site of hereby vested with full and complete power and authority whom to be to designate the place where the seat of justice for said designated. county shall be located, which seat of justice shall be at the geographical centre of said county, unless the centre shall from some cause be unsuitable, then and in that case, said location is to be made at some convenient point within five miles of the centre of said county; and said board of police may receive by donation or purchase, any quantity of land for the use of said county, not exceeding eighty acres. SEC. 6. And be it further enacted, That the said county tached to County of of Newton shall be attached to and form a part of the fourth Newton at- judicial district, and a circuit court shall be held in said the fourth county on the first monday in January and July in each judicial disand every year. trict. Act to take effect. SEC. 7. And be it further enacted, That this act shall be in force from and after its passage. Approved, February 25, 1836. Liabilities, &c., of co partners, adjudged joint and several. be commen partners either seve rally or conjointly. AN ACT, to amend an act entitled an Act to alter and amend an act, entitled an Act to reduce into one, the several acts and parts of acts, concerning the establishment, jurisdiction, and powers of the inferior courts of law, passed 13th January, 1824. SECTION 1. Be it enacted by the Legislature of the state of Mississippi, That all promises, contracts, and liabilities of co-partners, shall hereafter be deemed and adjudged joint and several. SEC. 2. Be it further enacted, That in all suits founded Suits may on promises, agreements, or contracts in writing made by ced against two or more persons, as co-partners, and signed by any one or more of them, or by any person as agent in their behalf, whether the several names of such co-partners be signed at length or abbreviated, or whether the name of any firm be used at length or abbreviated, it shall be lawful and sufficient to declare or complain against any one or more of them, either severally or as co-partners, alleging the liability of him or them, each to arise by his or their promise, agreement or contract, in writing signed or executed by such signature as the writing in fact imparts; and to sustain such averments of liability against the defendants, it shall only be necessary to exhibit in evidence to the court or jury, (as the case may be) the written agreement, promise, or contract, declared on and executed in the name or by the signature averred. And it shall not be lawful shall not be for any of said defendants, being sued as provided for in denied ex this section, to deny the name or names, or signature to to such writing, promise, agreement, or contract, unless by plea, supported by the oath of the party denying the same or by the oath of some credible witness attesting its truth Signature cept under oath. ply to all SEC. 3. Be it further enacted, That this rule of proof as Rule to aphereinbefore provided, shall extend to all pleas of payment, pleas of and other pleas and legal proceedings whenever the same can be made to apply. payment, action the charac Plaintiff not prove any SEC. 4. And be it further enacted, That all pleas to the Pleas to the action, shall be deemed and adjudged as admitting the deemed as parties and the character of the parties suing; and in no admitting case shall the plaintiff or complainants be required to prove ter of the parties. any written signature, identity of persons, description of character, or the persons comprised in any partnership required to which may be set forth in their respective bills, declara- signature, tions, writs or pleadings, either as plaintiffs or the parties of persons, or identity through whom the plaintiff or plaintiffs may claim, unless unless the the signature, person, partnership, or description of cha- nied under racter, be denied by plea, and its truth attested by oath. SEC. 5. And be it further enacted, That this act shall take Act to take effect, and be in force from and after the date of its passage. effect. Approved, February, 27, 1836. same be de oath. AN ACT to appropriate the three per cent. fund to the construction and repairs of Roads and Canals within this State. sell the SECTION 1. Be it enacted by the Legislature of the state of Mississippi, That at the expiration of ninety days from Auditor to the date of this act, the auditor of public accounts shall dis- three per pose of, for cash, and at the highest premium that may be cent. stock belonging obtained, all the bank stock which stands to the credit of to the state. the three per cent. fund, belonging to this state; and the proceeds thereof, together with all other moneys accruing to the state by said fund, he is hereby authorized and required to receive and place in the state treasury, subject only to the purposes designated by this act. SEC. 2. Be it further enacted, That the three per cent. fund now available, and that may be available on or before Proceeds to be approthe first day of July next, be and the same is hereby appro- priated to priated to opening and repairing of roads and canals within opening, the different counties in this state, in equal sums or shares. and canals. SEC. 3. Be it further enacted, That two-thirds of the amount of the dividend that may be allowed to the county &c. roads |