AN ACT, authorizing proceedings in certain cases therein named against unknown heirs. Whereas, great inconvenience arises to suitors in courts of equity within this state, from not being able to bring before the court, unknown heirs, whose interest in the controversy, renders it necessary to make them parties, Therefore: SEC. 1. Be it enacted by the Senate and House of Representatives of the State of Mississippi, in General Assembly convened, That whenever it may be necessary for the attainment of full and complete justice, between the parties of any suit in chancery, to introduce the heirs of a deceased person and where the name or names of such heirs are unknown to the complainant or complainants, then, and in that case, upon the affidavit being made, and filed in the clerk's office of the chancery court, by such complainant or complainants, with his bill, that such heirs are unknown to him or them, it may be lawful for said heirs to be entered as parties to the suit, by a general description of the unknown heirs of such an ancestor; and such unknown heirs shall stand in the same situation and be proceeded against by publication or otherwise, in like manner as non-resident defendants are proceeded against. Approved, February 4, 1825. Jurors tax fee. AN ACT, better to provide for the payment of Jurors of the several courts. SEC. 1. Be it enacted by the Senate and House of Representatives of the State of Mississippi, in General Assembly convened, That the sum of three dollars, shall be imposed as a tax on each original suit; and on each case coming up by appeal or certiorari, the sum of two dollars; and be taxed in the bill of costs, on each judgment hereafter to be rendered in the several circuit courts within this state, for the purpose of paying the petit jury, attending the said courts. Sheriff to the county has receiv SEC. 2. And be it further enacted, That it shall be the duty of the sheriffs of the several counties within this state, account for, to account for and pay to the county treasurer of his county, and pay to all sums of money, which he may have received as tax, treasurer for the jury on judgments rendered in the courts of his all sums he county, on the first day of each term of the circuit court of ed as for juries. said county, and make oath that the said sum contains the true amount of all the tax for the jury, which he has received, which has not been before accounted for, and paid over to the clerk or county treasurer. tax Clerk to account for county SEC. 3. And be it further enacted, That the clerks of the several circuit courts within this state, shall on the first day of each term of the circuit court of his county, account and pay to for and pay to the county treasurer of his county, all tax treasurer which he may have received, for the use of the jury, and all tax he may have make oath that the said sum contains the true amount of tax received for the use for the use of the jury, which he has received, and which of the jury. has not been accounted for before, and paid to the county treasurer. Further clerk. SEC. 4. And be it further enacted, That the clerk of each circuit court, shall within ten days after the end of each term of said court, return to the county treasurer of his duty of county, a list of all judgments rendered at the said term, on which a tax for the jury is imposed; and shall annually in the month of December, make out and deliver to the said county treasurer, a list of all judgments on which the tax for the jury has been paid, during the said year, noting opposite to the namesof the parties, the amount of tax and to whom paid. Compen of SEC. 5. And be it further enacted, That hereafter, the compensation of the petit jurors, shall be one dollar and sation petit jurors. fifty cents per day, to be paid on the presentment of the clerk's certificate out of any money in the county treasury Duty of not otherwise appropriated. And it shall be the duty of county the county treasurer to attend at his office on the last day of each term of the court, for the purpose of paying the jurors. treasurer. sation of SEC. 6. And be it further enacted, That hereafter the Compen pay of grand jurors, shall be one dollar and fifty cents per grand day, and that the tax collector of each county shall pay jurors. the grand jury of his county, the amount of their certifi Tax col- cates so soon as he has collected so much of the state tax lector to Jury amount pay grand in each year; and the certificates of the grand jury, so paid, shall be allowed by the auditor of public accounts in the settlement of the said tax collector. of their certificates. SEC. 7. And be it further enacted, That if any sheriff or Proceed- clerk shall fail to account for and pay to the county treasuings in case rer of his county, the tax for the jury as required by the of sheriff or second and third sections of this act, the said circuit court of default clerk. shall on the motion of the county treasurer, attorney general, or district attorney of the district, enter up judgment against such sheriff or clerk, as the case may be, and their securities, for the sums received respectively, with thirty per cent. damages; and the said circuit court shall cause to be produced, on the hearing of the motion, any books or records of the court or sheriff's office, which will afford evidence in the case, which judgment shall bear and be collected with interest, at the rate of thirty per cent. per The coro- annum until paid. The coroner or sheriff shall note on riff to note the execution the day and date on which the same was nor or she the date. No certi jury to be treasurer, made or received. SEC. 8. And be it further enacted, That no certificate of a juror shall be received by the county treasurer, in settlement with any sheriff or clerk, unless such sheriff or clerk ficate of a make oath that he received the same in payment of the tax received by for the use of the petit jury, without any discount or abatecounty ment of the sum expressed on the face of it; nor shall any unless oath grand juror's certificate be allowed by the auditor of public that full accounts to any collector of the state tax, until such tax was collector shall have made oath, that he either received the same in payment of taxes, or the full amount of money expressed on the face of the same, was paid by him to the holder of the same, in good faith agreeably to the provisions of this act. be made, value given the same. for Penalty or clerk. SEC. 9. And be it further enacted, That if any clerk of the circuit court shall fail to return to the county treasurer, failure of the lists required by the fourth section of this act, he shall be fined by the circuit court of which he is clerk, in the sum of one hundred dollars for each neglect for the use of the said county, on motion of the county treasurer, attorney general, or district attorney. And if any county treasurer failure shall fail to perform any of the duties required of him by Do. this act, he shall in like manner be fined in the sum of one county hundred dollars for the use of the said county. treasurer. ment of as certificates now un on of SEC. 10. And be it further enacted, That all certificates, Provision fo the pay that are now unpaid for services heretofore rendered by petit jurors, shall be paid out of the county treasury aforesaid, after first paying all the moneys which are apart by the law to which this is an amendment, for that purpose. set paid. SEC. 11. And be it further enacted, That so much of the sixth section of the act, entitled 'an act establishing the fees of certain officers therein named,' as requires the plaintiff to pay two dollars to the clerk at the time of issuing the writ, and all acts and parts of acts coming within the purview and meaning of this act, be, and the same are hereby Repealing repealed: Provided, that nothing herein contained, shall clause. prevent the recovery of any of the former taxes for the use of jurors now due. Approved, February 4, 1825. AN ACT, regulating sales of merchandise at auction, and for other purposes. Court to recommend of 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 shall be the duty of the probate and county court of each persons for the appointcounty in this state, to recommend to the governor as many ment persons as they may deem necessary, who shall be commis- auctioneer sioned as auctioneers; and before they enter upon their duties, they shall give bond (if within the city of Natchez) in the sum of five thousand dollars, and for every other Person appart of the state, in the sum of two thousand dollars, payable pointed, to to the governor and his successors in office, for the use of the state, with sufficient security, to be approved of by said court; conditioned, that he will well and truly perform the duties of auctioneer as required by this act; which bond shall be filed in the clerk's office of said probate and county court. give bond. Auctioneer SEC. 2. And be it further enacted, That every person shall deli appointed an auctioneer agreeably to the provisions of this ver to col- act, as well as transient merchants and venders of merchanlector, oath, dise and slaves, shall when required by the tax collector, account of deliver on oath, which oath the collector may administer, sales, and pay tax a true and perfect account of all sales of merchandise or thereon. on an to be pro against. slaves, made by him since the preceding return or collection of taxes and said auctioneer, or transient merchant, or vender of merchandise or slaves, shall forthwith pay over to said collector, two and one half per centum on the whole amount of sales so made and returned. SEC. 3. And be it further enacted, That in case of the On refusal neglect or refusal of said. auctioneer, to pay the taxes as to pay tax, herein directed, then it shall be the duty of the attorney ceeded general or district attorney, on information given him by the tax collector, to bring suit against such defaulting auctioneer and his securities, and collect the same; and from and after the institution of such suit, the auctioneer so in default, shall forfeit his commission, and shall not thereafter be permitted to sell goods or merchandise at auction, under Penalty. the penalty of five hundred dollars for every such offence; unless he be again recommended by the probate and county court, and commissioned by the governor as aforesaid, and enter into new bond and security, in the like sum as required in the first section of this act. SEC. 4. And be it further enacted, That it shall be the Tax col- duty of the tax collectors in this state, to demand and redemand ceive from all persons deemed by them to be transient merand chants or venders of merchandise or slaves, a bond with Tector to bond security. Condition sufficient security in the penal sum of two hundred dollars; conditioned, that he, she or they, will, before leaving the of bond state, make a true and perfect account on oath, of all sales of merchandise or slaves, and that he, she or they, will, pay the lawful tax due thereon, within two months from the date of said bond; and if any person when thereunto required by the tax collector, shall fail or refuse to enter Penalty on into such bond and deliver the same to said tax collector give bond. demanding the same, he, she or they, shall forfeit and pay the sum of two hundred dollars, for every such neglect or refusal, and the tax collectors as aforesaid, shall, if said refusal to |