Bridge to be built over the swamp. of Wilkinson, and one-half of the amount of the dividend of the county of Adams, be appropriated under the direction Homochitto of three commissioners, to be appointed by the board of county police of Wilkinson county, to the bridging and improving the Homochitto swamp, on the direct mail route from Woodville to Natchez, in Wilkinson county, and the remaining third of the amount coming to Wilkinson county, be appropriated in the manner aforesaid, to building a bridge across the Buffalo creek, on said route in said county. warrant in the boards of police. SEC. 4. Be it further enacted, That the auditor of public Auditor to accounts shall issue his warrant in favour of the presidents of issue his the different boards of police for the money hereby approfavour of priated in equal shares, upon the written application of said presidents, founded upon the order of the board of police. SEC. 5. Be it further enacted, That the several boards of Boards of police shall expend the said money, or the interest thereof, police how in opening or improving roads or in the completing of such to expend the same. works now commenced, and shall report from time to time, the amount by them expended, and to what objects appropriated. Mode of making contracts. Certain constitute a SEC. 6. Be it further enacted, That the boards of police shall let out said work to the lowest bidder, he giving bond with sufficient security, as the board may direct; conditioned for the faithful execution of the work, agreeably to the contract, which bond shall be made payable to the governor of the state, and his successors in office; and if any such contractor shall fail to comply with his contract, the board of police may order and direct the said bond to be put in suit, and it shall be the duty of the district attorney to commence and prosecute all such suits. SEC. 7. Be it further enacted, That four thousand dollars of the dividend allotted to each of the counties of Yazoo and portion to Madison, shall be, and constitute a joint stock, to be approjoint stock priated by the several boards of police of said counties, to for particusubscription in such company as may be established for the erection of a bridge and causeway over the Big Black swamp, on the road leading from Canton, in Madison county, to Benton, in Yazoo county, on such route as shall be designated by commissioners to be appointed by the said lar pur poses. how to be boards of police, and the remainder of such dividends shall Remainder be invested in such stock as may be taken and subscribed invested. for by said boards of police, for the purpose of effecting improvements on the highways and bridges, which may be established by or under the authority of the respective boards of police of said counties; but in case such company shall not be established within twelve months from the passage of this act, the dividend thus allotted to said counties shall be paid into the county treasury and loaned out, under the direction of the boards of police, and the annual proceeds thereof appropriated to roads and canals within the respective counties. retain $1,000 from allotted to counties. SEC. 8. And be it further enacted, That the auditors of public accounts shall retain from the sums allotted to the Auditor to counties of Tunica, Coahoma, Ponola, Tallahatchee, Yallabusha, Carroll, Holmes, Yazoo, Choctaw, Lafayette, De Soto the sums and Marshall, under this act, the sum of one thousand dollars certain each, to be expended in the opening and canalling the Yazoo pass, under the superintendence of two commissioners, to be appointed by the governor, which commissioners shall receive out of said sum, the sum of three dollars per day, for each day they may be necessarily employed; and that the governor may draw for the said sums as occasion may require. Approved, February 27, 1836. AN ACT to prescribe the method of proceeding against delinquent overseers of roads. court to furnish the with a list SECTION 1. Be it enacted by the Legislature of the state Probate of Mississippi, That it shall be the duty of the probate court in each county of this state, to furnish the grand jury grand jury on the first day of the term of each circuit court, with a of the overcomplete list of all the overseers of public roads in said seers of county, clearly setting forth the time of the appointment of roads. each overseer, and the portion of road he is required to keep in order. SEC. 2. Be it further enacted, That it shall be the duty of the grand jury, to make presentment of all overseers on public to make present Grand jury public roads, within the knowledge of any member of the grand jury, which shall have been suffered to remain out ment of de- of repair for the space of ten days at any one time within the last six months, prior to the term of said court. linquents. District attorney to prosecute. Circuit judge to specify this act in his charge to the grand jury. SEC. 3. Be it further enacted, That it shall be the duty of the district attorney to prosecute all overseers of public roads, who shall not have discharged their duty to law, by indictment in the circuit court, and that said overseers shall be liable to the same penalties, in the circuit court, as are now prescribed by law. SEC. 4. Be it further enacted, That it shall be the duty of the circuit judge, to give this act in charge to the grand jury, at each term of the circuit court. SEC. 5. Be it further enacted, That upon all presentments or indictments, made under the provisions of this tion unne- act, no prosecution shall be necessary. Prosecu cessary. Approved, February 27, 1836. First dis trict of the AN ACT to amend an act entitled, an act to establish and organize the High Court of Errors and Appeals, and to define the powers and jurisdiction thereof. SECTION 1. Be it enacted by the Legislature of the state of Mississippi, That hereafter the following counties, to High Court Wit: Wilkinson, Amite, Pike, Marion, Perry, Hancock, of Errors Jackson, Greene, Wayne, Jones, Covington, Lawrence, Copiah, Jefferson, Franklin, and Adams, shall form the first district of the High Court of Errors and Appeals. and Ap peals. Third district. Second district. SEC. 2. And be it further enacted, That hereafter the following counties, to wit: Claiborne, Hinds, Simpson, Smith, Jasper, Clarke, Lauderdale, Neshoba, Newton, Scott, Rankin, Madison, Yazoo, Warren, Washington, Bolivar, and Coahoma, shall form the third district of the High Court of Errors and Appeals, SEC. 3. And be it further enacted, That hereafter the following counties, to wit: Holmes, Attala, Leake, Kemper, Noxubee, Winston, Carroll, Choctaw, Oktibbeeha, Lowndes, Monroe, Chickasaw, Yallabusha, Tallahatchee, Tunica, De Soto, Lafayette, Ponola, Marshall, Tippah, district of the High Court of Errors and Appeals. SEC. 4. And be it further enacted, That this act shall Act to take take effect, and be in force from and after its passage. Approved, February 27, 1836. effect. AN ACT, to amend an act, entitled, an act to establish boards of police and define their powers and jurisdiction, and for other purposes; passed March 2, 1833. boards of SECTION 1. Be it enacted by the Legislature of the state of Mississippi, That the several persons elected members Election of of the board of police, in the respective counties of this members of state, at the last general election, and now in commission, police when shall hereafter be taken and regarded as duly elected and valid. commissioned, unless within ten days after the passage of this law, their election shall be successfully contested, nor shall the legality of any act of the members of any such board of police, either severally or as a board, be in any manner contested or called in question in any court of this state, on the ground of illegality in the election of any member or members of such board of police, unless the election of such member whose act is controverted, or the election of some one or more members of the board, the act of which board is controverted, shall have been first successfully contested. districts, lated. SEC. 2. The board of police shall hereafter, at any regular meeting be authorized, to establish by metes and bound Boundaries the several police districts heretofore directed where the of police same has been omitted to be done, and may at any regular how regusession when they may deem the interest of the country so requires it, change the boundaries of any or all such districts, making such due records in their minutes, of such establishment, or change of boundaries, and otherwise publishing the same in such manner as they may direct. section SEC. 3. Be it further enacted, That the thirtieth section Thirtieth of an act to establish boards of police, and define their repealed. sheriffs and officers, power and jurisdiction, and for other purposes, approved March 2d, 1833, be and the same is hereby repealed. SEC. 4. All sheriffs and other county officers, elected at Election of the last general election, and now in exercise of their county respective offices, shall hereafter be deemed and taken as when valid. duly elected and in office, and the bonds of such offieers as duly approved, unless within ten days after the passage of this act the election of such sheriff or other officer, and the legality of the approval of such bond or bonds, shall be successfully contested and their illegality established and in all suits or controversies, the cause of which may have heretofore arisen, or shall hereafter arise, involving the legality of any such election, or the approval of any such bond; every such election and the approval of every such bond, shall be deemed and adjudged as legal, correct and valid, and all exceptions thereto forever barred, unless as to such suits and controversies as may be instituted before the expiration of the time limited and prescribed by this act, for contesting such election, and the approval of such bonds. Former acts, &c. SEC. 5. All acts and parts of acts coming within the meaning and purview of this act, be, and the same are repealed. hereby repealed, and that this act shall take effect and be in force from and after the date of its passage. Approved, February, 27, 1836. Section repealed. AN ACT to amend 'an act to reduce into one, the several acts concerning the writ of habeas corpus, and to amend the remedy by writ de homine replegiando, and for other purposes.' SECTION 1. Be it enacted by the Legislature of the state of Mississippi, That the fourteenth section of the act, entitled, an act to amend an act, to reduce into one the several acts concerning the writ of habeas corpus, and to amend the remedy by writ de homine replegiando, be, and the same is hereby repealed. SEC. 2. Be it enacted, That the provisions of this act, Act to take shall take effect from and after the day of the passage effect. thereof. Approved, February 14, 1836. |