Ch. 24. The courts of pleas, &c. are authorized 'to grant letters of administration or letters testamentary upon the estates of persons,' residing, at the time of their deaths, in other statés or in foreign countries: provided the goods, &c. of such deceased persons are within the limits of this state, and provided, also, that, at the time of their deaths, they owned real estate therein. No letters of administration shall be granted, in any case where the testator or intestate departed this life twenty years before application made for letters testamentary or letters of administration ; but all letters testamentary or of administration, granted after the said period of twenty years, shall be utterly void.'

Executions. Two acts were passed relating to proceedings on executions.

Ch. 28.-Geology, &c. By this act, Dr. Gerard Troost is appointed geologist, mineralogist, and assayer of the state; he is required to make a geological survey of the state, with a view, as far as practicable, to develope the mineralogical resources thereof,' ' and to report upon the soil of different parts of the state, the rocks of those parts, with such other remarks as may lead citizens to an estimate of comparative value and use, as well as to enable them to judge, understandingly, of its metals and minerals.'

Ch. 29.-Guardians. If one or more of the securities of the 'guardian to any orphan or minor' die, remove out of the state, or become insolvent, the county court is required to compel such guardian 'to give other sufficient counter security,' or to deliver up the estate of his ward: and the clerks and grand jurors of county courts are to be 'charged with and to present to the justices thereof,' the names of orphan or minor children,' in cases where the securities of their guardians shall have so become insufficient.

Ch. 30.-In settlements with guardians, they are not to be charged with compound interest, if they can show that they did not and could not have received compound interest on the debts due to the estate of their wards.

Hiwassee District. Nine acts relate to this district, providing for the entry of forfeited lands, appropriating the school lands to the use of schools therein, &c.

Ch. 40.—Imprisonment for Debt. An act was passed to 'abolish imprisonment for debt, except in cases of fraud.' Sec. 1. No female defendant, in any civil action, is to be imprisoned. Sec. 2. In all civil actions at law to be commenced on any debt or contract,' the original process is to be a summons to the defendant, to appear and answer to the plaintiff's action.' Sec. 3. If the

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plaintiff, his agent or attorney, shall file an affidavit with the clerk of the court, at the time of the commencement of the suit, or at any time before judgment is rendered, that the cause of action is just, and that the defendant has removed or is about to remove his property beyond the jurisdiction of the court, then a capias ad respondendum shall issue, and the defendant shall be compelled to 'give appearance or special bail to the action;' but he shall be discharged from the bail bond, if he can make it appear that the plaintiff, &c. has sworn falsely, or was mistaken, or that the causes alleged in the affidavit are insufficient.' Sec. 5. When a judgment or decree is rendered in any civil action, writs of capias ad satisfaciendum, authorizing the imprisonment of the person, are not to be issued, unless the plaintiff, &c. make an affidavit before the clerk of the court, &c. that the defendant is about to remove his property beyond the jurisdiction of the court, or that he has so removed it, or that he has fraudulently conveyed his property to others, or conceals or fraudulently withholds it, to avoid the payment of his debts. But the defendant may be discharged from such writ, on proof that the affidavit is incorrect, or that the grounds laid in the affidavit were insufficient to authorize the issuance of the writ.' The affidavits required by this act are to be sufficient, if they allege the facts to be true according to the information or belief of the plaintiff. Sec. 6. Persons discharged from the ca. sa. are not to be exonerated from the judgment' thereby.

Internal Improvement. Six acts were passed in relation to this subject, establishing boards of internal improvement in certain districts, counties, &c. and providing a remedy, in cases where the owners of turnpike roads and toll bridges neglect to keep them in repair. A resolution was passed, in which the legislature 'most decidedly deprecate the exercise of the power which has been assumed by congress, of appropriating money,' 'to be expended upon local objects of improvements within the several states, and in subscribing for stock under state incorporations.'

Ch. 47.―Judiciary. If any circuit judge' neglect to attend on the first, second, or third day of the term of the court, or fail to hold his court after attending on the first days of the term, a deduction of 10 dollars per day shall be made from his salary. If he wholly fail to attend at any term or terms of his court and hold the same,' for every such failure a deduction of 100 dollars is to be made from his salary. No circuit judge is to be paid his salary, or any part thereof, unless he 'shall first certify that he has attended at the times and places required by law, and held

his courts, or shall certify the number of days or terms which he has failed or refused to hold his courts."

Ch. 52. This act contains provisions in relation to the salaries of the judges of the Supreme Court, similar to those of the preceding act relating to the salaries of circuit judges.

Ch. 54.-Where it shall be necessary to ascertain any fact, in the trial of any suit in chancery, the 'chancery courts shall have the issues made up, and empanel a jury to be summoned by the sheriff, for the trial of the same, instanter,' unless either party, ' upon affidavit, show to the court sufficient ground for the continuance of the cause.'

Ch. 59.-Justices of the peace, 'out of court,' are to have jurisdiction in all cases of endorsements, or assignments of bills, promissory notes, or bonds, 'the amount of which may be 100 dollars or under;' and the endorsees or assignees are to have the same remedies for the recovery of their just dues 'as by the existing laws are extended to the payees of said instruments of writing.'

Ch. 80-Liquors, spirituous. An act was passed to tax the retailers of spirituous liquors, and to appropriate the moneys arising therefrom to the use of common schools.

Ch. 81.-Penal Code. If any person dig open any grave and carry away the body, he shall, on conviction, be imprisoned in the penitentiary, for a period of time not less than two years nor more than five years: all persons aiding in such offence are to be deemed principals in the first degree. Nothing in this act is to be so construed, 'as to prevent persons connected with the dead from raising and reinterring them in such place, as they may deem more suitable for their repose;' or to prevent any dead body from being raised,' when there is suspicion that the death of such person was occasioned' by an unlawful act of violence, or by poison. Ch. 83. 'Where any person charged upon indictment or presentment for any offence punishable by confinement' in the penitentiary, shall plead guilty to the charge,' a jury shall be empaneled to determine the length of time for which such person shall be so confined, who shall fix upon the length of time, in the same manner as if such person had pleaded not guilty.

Ch. 90.-Registration. Deeds of real estate, bills of sale of personal property, mortgages and deeds of trust, powers of attorney, &c. are to take effect only from the time of their registration; ' and any deed of conveyance, bill of sale, or other instrument above mentioned, which shall be last executed, but first registered, shall have preference thereof, unless it is proved in a court of equity, according to the rules of said court, that the subsequent

purchaser had full notice of the previous conveyance; and the lien of judgment and execution shall have preference to any deed or bond, or other instrument not registered at the time the said lien of said judgment or execution attached.' Conveyances of land made without the limits of the state are to be proved as heretofore, or before a notary public. Where all the subscribing witnesses to any deed, &c. are dead or reside without the limits of the state, it may be proved by any two persons who are acquainted with the hand-writing of the person who executed the same. This act is to be in force from and after the rise of the next session of the general assembly.'

Ch. 98.-Sheriffs. If any sheriff or other officer holding an election, open the 'ticket or ballot of any voter and read the same, at the time he receives such vote or ballot, he shall be fined in a sum not less than $25, and if he be the acting sheriff, deputysheriff, or constable, he shall be removed from office.

Ch. 102.-Slaves and free persons of color. If any free person of color remove to this state to reside therein, and remain therein twenty days, he shall, on conviction, be fined in a sum not less than 10 dollars nor more than 50 dollars, and be sentenced to hard labor in the penitentiary for a term, not less than one year, nor more than two years; and if such person of color neglect to remove from the state, within thirty days after his discharge from the penitentiary, unless detained by sickness or some unavoidable accident, he shall be liable to be sentenced to labor in the penitentiary for four years. No court or owner of any slaves shall emancipate them except on condition that they shall be immediately removed from the state; and every person desiring to emancipate any slaves, shall, before such emancipation shall be allowed, enter into bond with good security, in a suin equal to the value of the slaves, conditioned that they shall forthwith remove from the state.

Ch. 103. This act prohibits all assemblages of slaves in unusual numbers or at suspicious times and places, not expressly authorized by their owners;' owners or persons having charge of slaves, are not to permit them' to go about the country under the pretext of practising medicine or healing the sick;' the chief instigators of any plot to rebel or murder any white person,' who shall run away and lie out and refuse to surrender,' may be killed, if it be not practicable otherwise to arrest and secure them; all laws or parts of laws now in force, authorizing the punishment of persons of color, by nailing them to the pillory and cutting off their ears, are repealed; all laws requiring runaway slaves to be published

on the Lord's day, or any proclamation concerning them to be made at any church,' are repealed; where the owner of any runaway slave committed to jail, is supposed to reside in any other county or state, 'publication concerning such slave is to be made in some newspaper best calculated to convey information to the owner;' if on the trial of any slave where a jury is required,' it shall be found impracticable to get a jury of slaveholders,' the deficiency 'may be made up by summoning a jury of householders ;' in all trials for alleged violations of St. 1826, ch. 22, the burden of proof, to show that the persons, whose importation is prohibited in the first, second, and sixth sections of said act, were not imported contrary to the provisions thereof, shall lie on the defendant.'

No. 4.-Inspection of Tobacco. By this resolution, the legislature of Louisiana are 'requested to take under consideration the propriety of amending and altering the existing inspection laws' of Louisiana, particularly in relation to the inspection of tobacco. No. 15.-Public Lands. The senators and representatives of the State in Congress, are requested to use their endeavors, to have the net proceeds of all the public lands hereafter sold, set apart by law, as a permanent fund, for the education of American children,' to 'be distributed to the States and territories according to such rates as may be deemed equitable and just.'

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No. 18.-Convention. A resolution was passed, 'two thirds of the General Assembly concurring therein,' recommending to the people of the State, 'at the next general election of members of the General Assembly,' to vote for or against the calling a convention, to revise and amend the constitution of the State.

MISSISSIPPI.

At the session of the general assembly of Mississippi, in Jackson, begun on November 21, 1831, ninety-five acts, nine resolutions and five memorials were passed.

Ch. 6.-Covenants, Bonds, Bills, and Promissory Notes. The holder of any covenant, bond, bill, or promissory note, signed by two or more persons,' may sue any number of the parties in the same action; if the holder sue such parties in more than one action, returnable to the same court, for the purpose of accumulating costs, and without sufficient reason, it shall be lawful for the court, on application of the defendants in the several actions, to order a consolidation thereof, at the costs of the plaintiff.'