If* _ ) iri ^ .»^ THE WILLIAM R. PERKINS UBRARY OF DUKE UNIVERSITY IS TRINITY COLLEGE LIBRARY DURHAM, N.C. The Gift of_ Djte_ r.t luo \ \^ i Digitized by tine Internet Arciiive in 2010 witii funding from Duke University Libraries littp://www.arcliive.org/details/lawsofstateofmOOmiss LAWS OF THE STATE OF MISSISSIPPI, PASSED AT A REGULAR SESSION OF THE mSSI88IPPI L£OISLiTlIRE, HELD 1^ THE CITY OF JACKSON, November & December 1861, and January, 1862. JACKSOK, MISS. COOPER 4 KIMBALL, STATE PRINTERS 18G2. '^JABLE OF CONTENTS. 1^- ^' CfONS riTUTION Irom page 17 to 43. CHAFTEK. PAC». IAN ACT making the Treasury Notes issued under nn .. Ordinance of the Slate i'otivenlif.n. receivable ^^-f^^^ in payment of dues to ihe Stale at all time«, , before and after ihr period fixed fo- their r«- demp ii n, and for olher purposes '45 to chimge the time of holding the Probate (Jiturt of Hancock county 4# 3 to legalize the Assessment Returns of Yazoo and Sunnovver counties M i lurthtfr 10 relieve the evils ociasioned by the burning ofihe Court House of Attala county AV 5 to aulhoiiz-' the Governor of the Stite of Mis- sissippi to acc'pt volunteers for immediate servic'- in support of the Cotifet'erate troops at Coiumlms, Keritncky, or elsewhere they may le ii''edi>d 48 6 to rt'duce the fees of the (%)tntriissioner3 Off the submerged Irinds of Perry county 4§ 7 to amend an act entiiled an act to establish in lliecfunlv nf Warren an Inferior Court of Criminal jurisdiction, approved Februiry 1st, 1861 50 8 for the relief of Nelson T. Warren of Wash- ingion county 51 9 to authorize the Iran- criling of the Records ol liinds county 5J 10 to amend section two ol cha|)lcr MKly-four of the acts of Noveuiber, l-SU, in relation to th • charterofthe rity of Vicksliurg 9sJ 11 to ciTiite a fund for the support of destitute liimilies <»l Volunteers in this Stale, and for (thcr purposes 59 12 to provide for the establishment of Hospitals ior the Mississipi i Troops, and for other l>urpo.ses 56 13 to r«)i;firm the location of Swamp and Uver- fl()\ved lands in Green and Jacksen comities, «nd for oth^'r purposes •.... 59 14 to be entitled a>i act authorizing the issuance of Treasury Notes, as advances upon co ton ^5f 15 RtfBolutioD to a| p'-int d. legates to Southern PlanlerB Cunvi ntion to !>•' held at iMempbis on the 10th D>'J ••.r 18131 m 10 apprcpriatin;; cartridge boxes to the Smitk Quitman Riflei •••••»#•••«««««•• •? 11! j 482 TABLE OF CONTENTS. CHAPTER. PAGE. 17 AN ACT to authorize the Chief of Ordnance to furnish acroutrements to Fireside Defenders 67 18 appointingcertain Committees 67 19 by the Legislature of the State ot Mississippi in relation to the battle of the 2 1st 0( tober, 1861 68 20 Joint Resolution to fill a vacancy in the Provisional Con- gress of the Confederate States 69 21 Resolution in relation to furnishing the Neuton Rebels with cartridge and cap boxes 6S 22 AN ACT for the relief of Zenias A. Clark 70 23 to provide for the collection of certain arrears of taxes in the county of Jefferson 70 24 to reduce the fees ofcertain officers in Nesho- ba county 71 23 to authorize the Board of Police of Smith county to appropriate the monies arising from the sale of estrays to county purposes, die... 72 26 to define and punish the crime of the fraudu- lent removal of personal property under mort- gage, pledge or deed of trust and liens by judgment, from this State 73 27 Resolution appropriating cartridge and cap-boxes to the Lalayette Sharp-shooters and other Volunteer companies 73 28 AN ACT to extend the provisions of an act entitled an act to prohibit the sale andgratuitiousdistribu tion of vinous, spiritous and fermenting liquors within four miles of Westville Seminary, in Simpson county, and for other purposes, to Police District No. 3, in Simpson county. 74 29 to amend chapter twenty three of the Revis- ed Code so far as regards the county of Adams 74 30 to reduce the Salary of the Probate Judge of Tishomingo county 75 31 to amend an act in relation to the charter of Brooksville 75 •32 to amend an act to incorporate the Vernal Male and Female Academy, in Greene coun- ty, and for other purposes, approved February 3, 1860 75 33 to reduce the salary of the Probate Judg« and the per diem of the Members of the Board of Police of Hancock county 76 34^Resolution for the promotion of not only our political but material prosperity and independence 76 35 in relation to the Edwards Guards, and Mc- Manus Rifles 78 36 granting W. H. Clark leave of absence for sixty days ' • 78 TABLE OF CONTENTS 6 CHAPTER. PAGE. 37 AN ACT to authorize Railroad companies in this State to issue notes to l>e circulated as money. ... 78 38 to amend the charter of incorporation of the BoartJ of Trustees, lo aid in establishing house to print books, &c., for the benefit of the Blind 81 39 to arr.end the common school laws of Yalo- busha county 82 '^ 40 in relation to slaves. 82 41 to provide for the safe-keeping of the records and files of the late Superior Court of Chance- ry of the State of Mississippi 83 42 to legalize the levy of taxes by the Board of Policp. of Jackson county, and (or other pur- poses 83 43 to repeal an act entitled an act to incorporate the proprietors of the town of Montgomery, in Holmes county, and for other purposes, ap- proved the 24th day of February, 1836.... 84 44 to repeal so much <'f chapter 6, section 10, article 112, ot Revised ('ode, as makes per- sons ineligible to the office of sheriff, who shall have held the otlice of sheriiT for two preceding terms 64 45 to reduce the salary of the Probate Judge of Pike county 84 46 supplemental to an act entitled an act to au- thorize the (iovernor o( the Stale of Missis- sippi to accept volunteers for immediate ser- vice in support of the Confederate troops at Colunibus, Kentucky, or elsewhere they may be needed ." 85 47 for the relief of./. Duncan Pavi?, of Hancock County, in this State 85 48 to amend an act eniiiled an act lo regulate the working of loads in Adams county, ap- proved December 3, 1858 86 49 to rfdu<;e the couniy lax ot Lauderdale county 86 50 to authoiize persons claiming and occupying certain land under the Trustees of Jeflerson College, and held by the State as internal im- provement land, to enter the same 87 51 lo rivive ailicle 12, chapter 8, of the Revised Code, so (ar as it relates to Jasper county, and for other purposes 88 52 for the relief of Isham Danslty, of Newton county 88 53 to limit the compensation ol the 'I'reasurer of Tippah county .^. 4*. i. .ytst^ 89 •1«T*82- ff TABLE OF CONTENTS. CHAI'TEB. PAOH. 54 AN ACT to secure the payn-ipnt (("^"a!! sums borrowed of the s hoiil fund, in ((jwiiship twenty-one, ran^^e nine ea^t, in Choctaw county 89^ 55 to incorporaie tiie Farrall Bridge compmy..,. 90 56 for the relief of the Coinnxm School fund of township Iwenty iwo. ratsg** eight, east, in ('alhonn coMiity 90 . 57 ti> reduo'" ih sulai v <>t the Probate Judge of Tippah county 91 58 to nMiucc till' salarv o'^ tlie Probate ludge of Jones cjuiiIv. and (or purpo-^es 91 50 to reduce the salary of the Probaie Judge of Amite county 92 60 ior the purpose of reducing the salaries of ceri. tain officers in the county of Perry 92 61 to reduce the salary of the Probate Judge of Kemper coun'y. and for other purposes.... 98 62 to reduce the county tax of Green county. ... 93 631 ibr the relief <»{ I,. J. Lock, of Smith county.. 94 64' to prevent the collection of double taxes and for other I urposes 95 65 to appro|)riate fines, forfeitures, license and inonies arising from the sale of estrays and runaway slave?, in Jones county. 96 66 to reduce the salary of the Probate Judge of Jm© for the collection of the taxes of the current fiscal year 106 81 for the relief of W.T.Hujrai.is 107 82 for the relief of the minor heirs ot' NV. D. Clif- ton, deceased • • • 1® ' 83 to reduce the pay of offir-ers holding elections 108 84 for the benefit of the Mobile and Ohio Railroad company 1 08 85 for the relief of F. Fox 109 86 to postpone the collection of forfeitures until twelve months after ih** termination ©f the existing war, or until otherwise directed by 87 for the benefit of William Conner 110 88 to repeal an act to amend an act to secure the interest on the School Fund belonging to the counties in the Chickasaw cession, so far as the same relates to the c unty of Calhoun, and for other purposes, approved December 3, 185U and for other purposes 110 89 AN ACT to le-'tore to market certain lands therein mentioned H'^ 90 to lejjalize the. acts of tho tax assessors of Winston county, Mississippi 112 91 to amend the Road Laws within tho limits of Washington county 113 92 [o reduce the Price of Swamp and Overflow- ed lands in the county of Jackson 114 93 to encourage the Manufacture of Leather in this State 114 94 to legalize the Assessment Roll of Hinds county for the year 1861 1 14 95 for the Relief of W. P. Raldwin, of Tippah county • 1 1"^ 98 to increase the pay of the Sheriff of Warren county 11^ 97 in relation to the School Fund, of Greene 116 county. 98 in relation to the School Fund of Jackson county <^10 59 to invest the Probate Court of Hinds county, with jurisdiction in the matter of the last will and testament of Jesse W. Morrison .... 117 100 to declare Rogue Phaliah and its branches, in in the counties of Bolivar and Washington, navigable streams 118 8 TABLE OF CONTENTS. CHAPTKS. PAGE. 101 AN ACT to amend an act entitled an act to increase the fee for apprehending Runaway Slaves in the counties of Tunica, Coahoma, Bolivar, Washington and Issaquena 119 102 for the relief of William H. Browning.... 119 103 to authorize the Board of Police of Bolivar county to remunerate the Clerk of said Board for extra office services 120 104 for the relief of W. D. Baldwin, of Sun- flower county, and the Probate Clerks of Lauderdale and Jasper counties 120 105 to reduce the price of Swamp and overflowed Lnnds in the county of Jones 121 106 to legalize the assessment roll of Neshoba county 121 107 to appropriate one thousand dollars to repair and improve the Governor's mansion 122 108 to prevent the selling of intoxicating liquors in less quantities than ten gallons, in the town of Verona 123 109 requiring the Boards of Police of the several counties to examine the official action of the commissioners of swamp and overflowed lands, and for other purposes 123 110 to reduce the salary of the Probate Judge of Pontotoc county 126 111 to amend an act entitled an act to repeal the common school law of Copiah county, &c., approved December 6th, ['*b9 127 112 to reduce the salary of the Probate Judge of Yalobusha and Franklin counties 127 113 to amend the Charter of the City of Jackson 127 114 to reduce the salary of the Probate Judge of Rankin county 128 115 to authorize James C Quinn, Thomab C. Rasberry and William A. L. Harris to make a will 128 116 for the felief of O. W. Shipp, of Calhoun co. 129 117 authorizing the Auditor to issue his warrant on the treasury for seventy-one dollars and sixty cents, in favor of Jackson Gas Light Company, for balance due on chandaliers and fixtures furnished the State Capitol 129 118 for the relief of Thomas S. Parker, of Clarke county 130 119 to reduce the taxes of Hancock county, and for other purposes 130 120 to provide for the defraying the Funeral ex- penses of the late Col. E. R. Burt 131 TABLE OF CONTENTS. 9 CHAPTEH. p^gj. 121 AN ACT to amend an act entitled an act to regulate the laying out and working of roads, the os- establishment of ferries, and the erection of bridges, approved the 11th February, 1856, 131 122 for the relief of W. H. Browning and Tho- mas W. Deason , ] 32 ^23 for the protection and defense of the Sea- coast of the Stale of Mississippi 132 124 to amend the law of evidence in criminal cases 133 125 to prohibit the assessment and collection of taxes on Bowie-knives, Sword canes and Dirk knives I34 126 to amend the laws in relation to the State Uni*- versity 234 127 (or the relief the Rofrister and Receiver of the Land Office at Washington Mississippi.... 135 128 to provide fer the payment of the Confederate States Tax j 3(5 129 to amend an act entitled an act to incorporate the town of Canton, and to re|)eal all former acts incorporating the same, and all acts amendatory (hereof. ! 138 1^^ ^0 legalize the Assessment of Taxes for the* year 1861 141 ^^1 'o provide for Indexing the papers in the Pro- bate Offices of Lauderdale and Warren counties, and for other purposes 142 ^^2 to abolish the Military Board of this State 142 ^^^ f" regulate the payment of certain money into th' State Treasury 143 134 to prevent unreasonable speculation in certain commodities 14^ ^'^^ to aid in arming and equipping the Cavalry Company of Capt. J. T. McHee I45 136 to suspend the collecton of all Taxes for the year 1862, upon lands heretofore purchased, or which hereafter may be purchased by the Level' Commission.-rs, or by the Treasurers ol any special levee fund, in the countic.- of 'lunica, Coahoma, Bolivar, Washington, Is- snquena, 'I'iillahalchic, DeSoto, Sunflower, i*ai)oIa and Vazoo I4g 137 to incorporate the Bank of Jackson and'oVher Banks I4y ^^® to provid" aaainst the application of any law susp i.oiiig or postponing th'j collection of any general or special lax whatever, in this State to the Military tax imposed by the Ordinance of ilie recent sovereign Conven- tion, entitled an ordinance to raise means for 10 TABLE OF CONTENTS. COAPTBR. PAGB. the (itffnse «t the State, Adopted January •26ih, 1861 163 139 to authorize the Tax Collector to receive cer. Hunk Notes in payment of the State and County 'I'axeg for the year 1861 164 140 to rpvise and rt^duce into one the Militia and Volunteer l^aws of this State 165 141 supplemental to an aft passed at the present session of tl e Legislature entitled an act to revise and reduce into onf. the Militia and Volunteer Laws of this State 193 142 to suspend for a limited period some of the pro- visions of art. 4, chapter 9, of the Code, so lar as they relate to the county of Marion. . 196 143 to prevent Hawking and Peddling 195 144 to remove the civil disabilities of Knight Ed- wards, of Choctaw county, no far as to render him legally qualified to act as executor of the last will and tes'ament of his father, Ed- ward Jjdwards, deceased, late of Choctaw county 196 145 to legalize the assessment rdl of Wayne coun- ty, and for the relief of the Assessor of 'fax- es of said county 196 146 for the relief of Hugh McDonald, of Neshoba county..... 197 147 to confirm the location of swamp and over- flowed lands of Newton county, and for other purposes 1 98 149 to confer discretionary power on the Board of P' lice of Pike county, in relation to the free Negroes of said county 199 149 to authorize the President of the Boards of Trustees of School Funds to qualify their own body, &;c 199 150 f r the relief of debtors to the School fund of th' several counties 200 151 to change the lime of holding the Probate Coui I of Pike county 200 152 to provide for payment of costs in prosecutions against slaves 201 153 to authorize the Sale of the Sixteenth Section <»f School Lands belonging to thai portion of Tunica county included in the Choctaw pur- chase, in order to consolidate the Chickasaw and Choctaw School fund of said county. . . 308 154 to autlaorize and require the Clerk of the^^Cir- cuit. Chancery and Probate Courts of Harri- son county to remove the records and papers of his office, and for other purposes 203 TABLE OF CONTENTS. 11 f"'*?-. .. _-,:„f ^f w a Martin of Lafaycti 155 '"'TnXcT for the relief of W. G. Martin of Lafaye.to ^^^^ 256 to SuhV "amount ot the levy of the county tax tbr Green county, for general purposes . . --04 157 for the relief of the Shcff and County I rea» „,er ot Leake and Attala counties........ ^"^^ 1^8 for the benfil of the Pan<.la Cavalry and lila- ^^^ to.-.a Grey-, the first cun.nmnde^by U.pt. W. G. Middleton the sec-nd by W. b. t>sk. ^^^ 159 in 'reSi'on't'J Ihe 'n'a'vIgJ.ion of Dee^ Creek hj ^ Keel.b-.ats aiul other wai er- craft, ko far a. the same relates to the county of L^saquena, -06 160 to authorize Uebecca Collins to convey certain ^^^ 161 to l"n^!ve' t'he 'diVabilitu's of minors in certaiti ^^^^ 162 to iure«d'a.Vact'tMuVVed'an *uct to incorporate the Central Mississippi Female College m ,he town ol Lexiofztun, Holm.-s county, ap- proved February 25ih, 1854..... 208 ' 1 . .^iiii.xl nil •\ci to incorporate 163 'o r^'Pe*' '^'^ *'-V lo . u , ^^^ the town of Guihuin • •/ 164 to extend the lime f.r the payment of taxes m the office ..i thr Aud.ior ot Public Accounts 165 l.y perM-ns owning property m counties in which they do not reside . . ... • . . ...••• ; • tu change the nan.e of Rose Lhzibeth Chm- ,i„e Pradai, Alice Ca-oline Arcene Pradat, NiahildeL-.uisH Pradat. and ( amielle Chris- tr,nh imunuel Pradat, and lot o.her purposes 210 166 to author ze William Noel, administrator ol the * es.ate «f Siimoel Sample, deceased, to pur- ^^^ chase ceriain land • * • 167 .upi.lemental lu an act entitled an act to author- * iie Railroad ( umpanies in this State to is.ue notes to be circulated as money, approved, December iOih, 1861 '' V " "c' I' ,68 fortke relief ot J. S. Yerger, Judge of the Third Ju ii^-cial District of the State of M.b- ^^^ 169 Resolution in relation to •''""'"^/^ y'''/' ' ' ,• ';-,V; '( Vim* ^^'^ 70 AN ACT to increase the pay of the Clerk of the C rim- inal Com t of Warren c<.un; v . . • • . • • • • • • • • ^ ^-^ 171 toan.end chapter eighth ot the Revised Code ' entitlfd an act establishing the fees ol certain officers, so lar as relates to the Clerks of the Chancery and Probate Courts of Adams co. 215 172 to remove the civil disabilities of Joseph D. * '^ ■— - --i-^^ »r Panola county. ^to 12 TABLE OF CONTENTS. CHAPTER. PAGE 173 Resolution requiring the Keeper of the Capitol to dia- tribute certain books to the Clerk of the Circuit Court of Warren county . j 217 174 in relation to the State Treasurer 217 175 in relation to the shipment of cotton 218 176 ^ authorizing the Governor to use certain moneys 2 18 177 Resolution relating to claims against the Lunatic Asy- lum 219 178 AN ACT for the relief of Edwin J. (Joleman, a mi- nor of Bolivar county, Mississippi, and for other purposes 219 179 Resolution in relation to the Wompn of the State of Mississippi and the Confederate States 220 180 in relation to the twelve months volunteers now in service 220 181 AN ACT for the benefit of James McAmis 221 182 Memorial of the Legislature of the State of Mississip- pi to the Congress of the Confederate States 221 183 AN ACT for the relief of Miles H. McGehee 222 184 to provide compensation to Mrs. Lucy A. Burt, for extra services performed by the late E. R. Burt, during his official term as Audi- tor 222 185 for the relief of John White, of Chickasaw county , 223 186 to amend an act entitled an act to suspend the collection of the ten cent. Levee Tax, in certain counties 224 187 Joint Resolution 225 188 AN ACT to It^iralize and confirm the sale of certain lands in Neshoba county 226 189 Resolution authorizing the State Librarian to purchase certain books 226 190 AN A'.T to procure Agricultural and Mechanical Sta tistics, and to excite a spirit for Agricultural Progress throughout the State 227 191 to provide fiir the defenc • of the country. . . . 228 192 J -int Resolution 230 193 AN ACT in relation to taxfs on the property of Alien Enemies liable to sequestration 230 194 to provide for the collection of Arms 232 195 to authorize the Mississippi and Tennessee Kailroad Company to construct a branch road through the counties of Tallahatchie. Car- roll, Holmes, Yazoo, and Madison, and for other purposes 234 196 to suspend for a limited time certain parts of the Statute of Limitations 235 197 to amend chapter 6, section 7, article 82 of the Revised Code, in relation to compensa- tion for printing bills, resolutions. Ate 236 TABLE OF CONTKNTS. 13 CHAPTER. PAGE. 198 to refund certain moneys 236 199 for the relief of L. J). Rhodes, Sheriff of Rankin county 237 200 AN ACT to authorize C. F. Hamer to manumit his ser- vant, David Wooldridge 238 201 to amend an act entitled an act to authorize Railroad Companies in this State to issue notes to be circulated as money, approved December 20th, 1861, and the supplement thereto, approved January 22, 1862 238 202 for the relief of Amos P. Kvans, of Wayne county 239 203 to amend the sixty. second chapter of the Re- vised Code, entitU'd " an act in relation to Chancery Courts," and (or other purposes.. 239 205 for the relief of Thomas I). Lewis 240 204 to authorize a tax to be levi-^d oti ^ates erect- ed on public roads in the (•<■ miirh of liolivar, Washington and Issaquena, and other coun- ties 240 200 to provide for leveeing Township 14, of range 1 east, in the county of Warre i 241 207 supplemental to an act approved December 16tb, 1861, entitled an act to create a fund for the support of destitute families of volun- teers in the State, and for other pu-poses... 243 208 AN ACT for the relief of J. B. Massie 244 209 supplemental to an act midxinjj; the Treasury Notes issued under an ordinance (>f the State Convention, receivable in payment of dues to the State at all times before and after the period fixed for their redemption, and for other purposes 244 210 for the relief of G. G. 'i'orrey, of Bolivar county 245 211 to prohibit improper allowances by the Boards of Police 245 212 to amend article 11, section 4, of chapter 39 of the Revised Code 246 213 for the relief of certain free persons of color, known as the Clark family, and for other pur- poses 246 214 supplemental to an act passed at the present session of the Legislature, entitled an act authorizing the issuance of Treasury Notes as advances upon Cotton 247 215 for the relief of H. J. Terrill 248 216 to grant public lands to the Gulf and Ship Island Kail Road Company, and for other purposes 248 14 TABLE OF CONrENTB. CHArXBR PAGE. 217 AN ACT to prevent the sale o{ vitious or spirituous liquor within tire mWcs of Morton, in 6cott coiJtilj, in a less quantity than ten gallons 250 218 to amend an act entitled an act to charter the Holly Springs and Hickory Flat Plank Koad or I'urnpike Company 251 219 to repeal the gallon law, so far as it relates to the town of Entorprize, in the county of Clark 252 220 entitled an act to amend an act toamond and reduce into one the act incorporating the city of Natchez, and the several acts amendatory thereto, approved March 1st, 1854 253 221 in relation to the landing of freight from steamboats at latidings at) the Mississippi river within the litnit* of this State 254 222 to di'frav the funeral expei!.*e» lldis to pun-ha.HC pistols and sabres for ihn i isliorningo Ranges, « company rai.-hingion. 263 236 to amend an act «-ntitlei1 an act to incorpo- rate the Mississippi Central Railroad Com- pany, approved 10th March, 1862 263 237 in relation to the publication of le^ial notices 264 238 to suspend the collection of the Mobilaand Ohio R^il Koad tax, in th? county of Kem 264 per 239 to be entitled an act making certain appro- prialiona therein named 26o 240 f«r the relief of the Judges of the iMrcuit Court of thi- State, in certain cases 266 241 to direct the RegLter to sell certain Lnnds (oThonias ^. Rec^ 266 242 to amend an act approved February 28, 1856, entitled an act to amend an act approved March 10, l'?52. fi.r the reclamation of the swamp and overflowed public lands, and for the improvement of th** navigation of the various rivers and stream? in this State, so far as the same relates to the county of Choctaw, and f >r «ther purposes 267 243 for the relief of William Rice Hooker, a mi- nor, of Hinds county 269 244 to amend an act entitle i an act to incorporate the Town of Oakland, in Yalobusha coun- ty, approved Ft'.l)ruaty 28, 1S4S. ........ 270 245 to remove th-' civil di.^aljili i''s ot John lOstelle Tarplry, a minor, of the county of Hind--, so far as to allow him to make a last will and le-tament • 2'1 246 to remove ILe civil disabilities ot Shepherd Washin»;t<.n, a minor, of the county of Hinds, so far a» to enable liim to m ke a last will and tfstament ," " : ^^^ 247 in relation lo suits peniing m which tlien en- ^ emie* are plaintifis 2*2 248 to am.'nd the third section, chapter forty-eight _ of the Revised Code • • • -''-* 249 to arm Cup-'^'n' J. W. Barneit and Robert MuldrowV I atalry Companies now m the •errice of iuo Confederate States 2 4 ;i 16 TABLE OF CONTENTS. CHAPTER. PAGE. 253 AN ACT in relation to testimony in certain cases.... 273 251 in relation to the State Lunatic Asylum.... 274 252 to amend article 58, section 11, chapter 33 of the Revised Code, entitled an act in re. lation to slaves, free negroos and mulattoes 275 253 to provide for the accommodation of the (/ourts of the C/Onfederate States 275 254 to authorize the Board of Police of Tisho- mingo county to sell the Poor House and Ian .s connected therewith 276 255 to repeal an nc.l entitled an act to prohibit the sale of spirituous and vinous liquors in the town of Houston, in the county of Chicka- saw, approved December 3d, 1858 277 256 to legalize the assessment of taxes in the county of Lawience, for the year 1861 . . . 277 257 in relation to evidence of title in certain cases.... 277 258 to amend chapter 64, section 10, of the Re- vised Code, relating to the circulation of small bill*, and for other purposes. ...... 278 259 in relation to ihe Penitentiary 279 260 for the relief of AV. F. Stearns, T. J. Whar- ton, and the Estate of D. Mayes, deceased 280 261 to regulate the action of the Police Courts, in certain cases 281 262 to legalize the assessment of taxes in the county of Warren, for the year 1861, and for other purposes 282 263 for the protection of Robert D. Haden, Re- ceiver of Public Monies at Columbus, Mississippi, and his securities, and for other purposes 282 264 making certain appropriations therein named 283 265 authorizing the issuance of Treasury Notes on behalf of the State 286 2G6 to amend the charter of the Columbus Life and General Insurance Company, and the Mississippi Mutual Insurance Company. .. 288 CONSTITUTION STATJE OE MISSISSIPPI. Article I. Declaration oi rights. j § V. Executive Department; militia. II. Distribntion of Powers. | Vl. Impeachments. in. Lesishitive Department. VII. General provisions ; slaves. IV. Judicial Department. | Amending Constitution; schedule ARTILE I. DECLARATION OF RIGHTS. That the general, great and e'ssential principles of liberty and free government may be recognized and established, ave declare : Section 1 ; That all freemen, -when they form a social compact, arc equal in rights ; and that no ^^"*'>*^y men, or set of men, are 9ntitled to exclusive, sepa- ^.^^ richts rate public emoluments or privileges from the com- munity, but in consideration of public services. Sec. 2. That all political power is inherent in the people, and all free governments are founded on their autliority and established for their benetit ; and, tlierefore, tliey have, at all times, an inalien- able and indefeasible right to alter or abolish their form of government in such manner as they raay think expedient. C— 1 18 CONSTITUTION OF MISSISSIPPI Sec. 3. The exercise and enjoyment of religious Religious profession and -worship, withoutdiscrimination,shall worship, ibrevev. be free to all persons in this State : Pro- ricZerf, Tliat the right hereby declared and establish- •ed shall not be so (*onstriied as to excuse the acts of licentiousness, or justify practices inconsistent with the peacc«and safety of the State. Sec. 4. No ])referei\ce shall ever be given by law to any religious sect or mode of worship. Sec. 5. That no person shall be molested for his opinions on any subject whatever, nor suffer any civil or })olitical incapacity, or acquire any civil or political advantage inconsequence of such opinions except in cases provided for in this constitution. Sec. 6. Every citizen may freely speak, write Freedom .^^^^| publish his tt facto law, nor law for impairing the obligation of contrads. C— 2 . 20 CONSTITUTION OF MISSISSIPPI. Sec. 20. No property qualification for eligibil- ity to office, or for the right of suffrage, shall ever be required by law in this State. Sec. 21. That the estates of suicides shall de- t t s ^o'f sccnd or vest as in cases of natural' death ; and if suicides, any person shall be killed by casuality, there shall be no forfeiture by reason thereof. Sec. 22. That the citizens have a right, in a The ri-^ht peaceable manner, to assemble together for their of petition common good ; and to apply to those invested with the powers of government for redress of grievances or other purposes, by petition, ad«lress or remon- strance. Eight to Sec. 23. Every citizen has a right to bear bear arms arms in defence of himself and of the State. Sec. 24. No standing army shall be kept up . No stand- without the consent of the Legislature ; and the ing army military shall, in all cases and at all timps, be in axcept,&c gtrict suborciination to the civil power. Sec. 26. That no soldier shall, in time of peace, be qui,rtered in any house without the consent of the owner, or in time of war, but in th6 mariner to ])e prescribed by law. ■ Sec. 26. That no hereditary emoluments, privi- leges or honors shall ever be granted or conferred in this State. Emigra- Sec. 27. Emigration Irom this State shall not tlon, &c. >)e prohibited, nor shall any free white citizen of i.his State ever be eliled under 'any pretence what- ever. Trial by Sec. 28. The rightof trial by jui^y shall remain jury. inviolate. Se(^. 29. .No person shall be debarred from pri, ■ Prosecu- secuting or defending any civil cause for or againf;' t i n of i^ir^^ or herself, before any tribunal of this State, 1 ^"'*'^" him or herself or counsel , or Ifoth . Sec. 30. No person shall ever be appointed or l^nure (.jg^ted to any office in this State for life or during ot office. ^^^^^^ behavior; but the tenure of all offices shall be for some limited period of time; if the person ap- pointed or elected thereto shall so long behave well. CONSTITUTION OP MISSISSIPPI. 21 . CONCLUSION. To guard against transgressions of liio high powers herein delegated, we declare that every- tliing in this article is excepted out of the general powers of government, and shall forever remain inviolate : and that all laws contrary thereto, or to the following provisions, shall be void : ARTICLE 11 Jit. DISTRIBUTION OF POWERS. Sec. 1. The powers of the government o( the State of Mississippi shall be divided into three dis- tinct dei)artments, and each of them confided to a pistnbu-' separate body of Magistracy, to-wit : those which ^^^^ °|^, are legislative to one, those which are judicial to P^^®^^- another, and those which are executive to another. Sec. 2. No person, or collection of persons, be- ing of one of those departments, shajl exercise any power properly belonging to either of the others, except in the instances hereinafter expressly direc- ted or permitted. ARTICLE III. LEGISLATIVE DEPARTMENT. r J Sec. 1. Every free white male person of the age of twenty-one years or upwards, who shall bf a citizen of the Confederate States of America, and shnll have resided in this State one year next oaaiijjgjj . ])receeding an election, and the last four months electors, within the county, city or tQwn, in which ho>offers to vote, shall be deemed a qualified electoi- ; an(3,auy such qualified elector, who may liappen to be in any county, ciTy or town, other than tliiU , of his residence, at the time of, an election, or wlu; shall have removed to any county, city or town within four months ])i'eceeding the election, from any comity, city , or town, in which he wouhl have been a qualified elector had he not so'removeu may vote for any State or district officer, or mem- ber of Congress, for whom he could have voted in tlie county of his refi^den<"o, or tliH ronnly. citv or I'h.lieuui 38 CONaTITUTIOIsr GP MMMgglPPI. Electors. Sec. 2. Electors shall, in all cases except in those of treason, felony, or breach of the peace, be privi- ledged from arrest during their attendance on elec- tions, and going and returning from the same. Sec. 3. The first elections shall be by ballot, and all future elections by the people shall be regu- lated by law. Sec. 4. Thatlegislativepowersof this State shall be vested in two distinct branches : the one to 'be fityled "the Senate," the othei-. "the House of Rep-- rescutatiTes," and both together "the Legislature of the State of Mississippi; and the style of their laws shall be, " Be if enacted by the Legislature of the State of Mississippi. Sec. 5. The members of the House of Repre- sctatives shall be chosen by the qualified electors^ and shall serve for the term of two years, from the day of the coramoucemeat of the general election, and no longer. Sec. 6. The representatives shall be chosen every two years, on the first Monday and day fol- lowing in November. Sec. 7. No iior^on sliall be a representative un- less he be a citizen of the Confederate States of Anerici, and r^hall have been an inhabitant of this State two years next preceding his election, and the last year thereof a resident of the county city or town for which he shall be chosen, and shall have attained the age of twenty-one years. Sec. 8. Elections for representatives for the Elections several counties shaJl be held at the places of hold- where to itig their respective courts, or in the several election be held, districts into which the county may be divided ; Provided, that when it shall appear to the legisla- ture that any city or town has a number of free When a white inhabitants equal to the ratio then fixed, such town Or city or town shall have a separate representation, city enti- according to the number of free white inhabitants tied to sep therein, which shall be retained so long as such city rese^nTa- ^^ ^^"^^ ^-^^'^ contain a number of free white in- tion. ' habitants equal to the esieting ratio, and thereafter, and during the existence of the right of separate re- presenation in such city or town, elections for the caunty in which such citv or t^wn, entitled to sepa- rate I'O'irwoTitation, is situated, ^hall not be held in such city or. town : Aid provid.d^ that if thereBidu- Qalifica tious. CONSTITUTION OP MISSISSIPPI. 28 urn or fraction of any city or town, entitled to sepa- rate representation, shall, when added to the rcsidu- Residuum um in the county in which it may lie, be equal to the &C. ratio fixed by law for one representative, then the aforesaid county, city or town, haviug tlic largest residuum, shall be entitled to such rcproscntation : Jlnd provided, also, That wlicn there are tAvo or more counties adjoining,which have residuuras over and above the ratio then fixed by law if such resi- duums, when added together, will amount to such ratio, in that case one representative shall be add- ed to that county liaving the largest residuum. Sec. y. The Legislature shall, at their first ses- sion, and at iicriods of not less than every four, nor ^ more than every six years, until the year 1845, and tion and thcreafttM" at periods of not less tlian e^■ery four nor apportion- more than every eiglit years, cause an enumeration ment. to be made or' ail t.he free Y\rhite i^rna .li^iuts of '.his State, and the whole number of reprcr-on tati ves shall at the several periods of making siieh enumeration, be fixed by the legislature and ap})Ortioued among the several counties, cities or towns entitled to sep- arate representation, according to the number of >^ m^l^gj. free white inhabitants in each, and shall not be less of rcpre- than thirty-six nor more than one hundred : Pro- sentatives vided however, That each county shall ahvays be entitled to at least one representative. Sec. 10. The whole number (ff senators shall. at the several j^eriods of making the enumeration before mentioned, be fixed by the Legislature, and apportioned among the several districts to be ^onators, established by law, accordiug to the number of free white inhabitants in each, and shall never be less than one-fourth nor more t han oue-third of the whole number of representatives. Sec. 11. The senators shall be chosen by the qualified electors for four years, and on their being convened in consequence of the first election, they Number, shall be divided by lot from their respective dis- &c. tricts into two classes, as nearly equal as can be, and the seats of the senators of the lirst cla£S shall be vacated at^the expiration of the secoud year. Sec. 12. Such mode of classiiyiug new addition- g . ^ al sehators shall be ob.sorved as will as nearly as pos- gen ^^,* «ible preserve an equnlitv of mpiTibers in each clas?. el»i«i v ,. • Sec. Jj)^ Senators aM' representatives shall, in • 11 cases, except of treason, felony, or brcQch of aio peaoo, be pi^ivilcged fromarrefst during the ses- P Vi <^-il *^^*^l^<*^^^-*^"^ 'legislature, ^nd in going to*and return- from"aiv ^^o itom: thy- same, allowing One day for every esst; ex- .twenty milee such "member may reside from the ception. ■: ■ place al which the legislature is convened. CONSTITITTION OF MISSISSIPPI. 25 Sec. 20. Each house may punish, by imprison- ment during the scssioh, nnypereon, not a member, for -disrespectful or disorderly behavior in its pre- sence, or fdr obstructing any of its proceedings : Provided, sucli imprisonment shall not, at any one time, exceed torty-eight hours. Sec. 21. The doors of 6ach house shall bo open, except on such occasions of great dnergency as, in the opinion of the house, may requi >■ secrecy. , Sec. 22. Neither house shall, without the con- '^i^ont of the other, adjourn for more than three days, nor to any other place than that in which they may be sitting. Sec. 23. Bills may originate in either house, and be amended, altered or rejected by the otlier, butno bill shall have the force of a Inw until, on three sev- eral days, it be read in each house, and free discus- sion be allowed thereon, unless four-fifths of the -Jiouse in vrhich the bill shall be pending may deem Tit expedient to dispense with this rule : and every bill, having passed both lionses, shall ho. signed by the speaker and president of their respective houses. V Sec. 24. All bills for raising revenue shall ori- • ginate in the House of Beprcsentatives, but the Senate may amend or reject them, as other bills. V Sec. 25. Each member of the legislature shall i^ceive, from the public treasury, a compensation C o mpcn- for his services, which may be incrQjised or dimin R^.tion of ished by law, but no increase of compensation siiall |'^^ mcm- takc effect during the session at which such increase ^°^^' shall have been made. Sec. 26. No senator or representative shall . during the term for which he shall have been elected, nor for one year thereafter, be appointed to any civil office of profit under the State, which shall ISIenrbeis have been created, or the emoluments of which shall not cligi- have been increased during such term, except such ^^ ^^ o^- offices as may be filled V)y elections by the ixjoplc ; and no member of either house of the legislature shall, after the commencement of the first session of the legislature after his election, and during the remainder of the term for which he is elected, be eligilile to any office or place, the appointment to which may be made, in whole or in part, by cithcj- brnnclr of the legislature. C— r> ^' 36 CONSTITUTION OF MISSIBfilPPI. Sec. 27. No judge of any court of "law or equity, OflScers Secretary of state, attorney -geueral. clerk of any not eligU court of record, sheriff or collector, or any person ble to le- holding a lucrative office under the laws of the gislaturc. Confederate States of America, or of this State, shall be eligible to the legislature : Provided, That officer? in the militia, to which there is attached no annual salary, and the office of the justice of the peace, shall not be deemed lucrative Sec. 28. No person who has heretofore, or here- after, been a collector or holder of public moneys, ,. , ,„ shall have a seat in either house of the legislature L/P Illll LI'S until such person shall have accounted for, and paid into the treasury, all sums for which he may be accountable. Sec. 29. The first election for senators and representatives shall be general throughout the First elec- gtate. and shall be held on the first Monday, and holde^ ^" ^^y following, in November, 1835 ; and thereafter there shall be biennial elections for senators to fill the places of those whose term of service may have expired. Sec. ;50. The first and all future sessions of the legislature shall be held in the town of Jackson, in Seat of the county of Hiiid.^. until the year 1850. During Gov ern'L the Tirst scs.'ion 'hercafer.the legislature shall have powvH- to dosiyn it'"', iiy la'.v, the permanent seat ol government : Prdvitled, hoivevsr, That unless such designation Ue then made bylaw, the seat of gov- ernment shall continue permanently at the town of Jackson. The first session shall commence on the third Monday in November, in the year 1833 ; and in every two years thereafter, at such time as may be prescribed by law. Sec. 31. The governor, secretary of state, treas- urer, auditor of public accounts and attorney-gener- al, shall reside at the seat of government. ARTICLE IV. JUDICIAL DEPARTMENT. Sec. 1. The judicial power of the State shall J udicial be vested in one high court of errors and appeals, {)ower. and such other courts of law and equity as are hereafter provided for in this constitution. CONSTITUTION OF MISSISSIPPI. 27 ^ Sec. 2. The high corui of errors and appeals shall consist of three judges, any tAvo of whom shall High co'rt form a quorum. The legislature shall divide the of errors State into three districts, and the qualilied electors ^^'^ "P* of each district shall elect one of said judges for P®*'^ the term of six years. Sec. 3. The office of one of said judges shall ^^^^^l^^. be vacated in two years, and one in four years, ^^.^j j^^j.^" and one in six years — so that, at the expiration of of oftlce- every two years, one of said judgea shall be elected, as aforesaid. Sec. 4. Tlie high coui-t of error., and appeals jurisdic- shall have no jurisdiction but such as properly be- tion. longs to a court of errors and appeals. , Sec. 5. All vacancies that may occur in said Vacaocies court, from death, resignation, or removal, shall be illed by election as aforesaid : Provided, however. That if the unexpired term do not exceed one year, the vacancy shall be lilled by executive appoint- ment. Sec. 6. No person shall be eligible to the office , Where of judge of the high court of crrcrj and appeals, ^ ^"' wlio shall not have attained, at the time of his elec- tion, the age of thirty years. Sec. 7. The high 'court of errors and ap] eals ^irsteles- shall be held twice in each year, at such place as *'*'"' the legislature shall direct, until the year eighteen hundred and thirty-six, and afterwards at the sea,t of government of the State. Sec. 8. The secretary of state, on receiving all the official retmms. of the first election, shall pro- Term of ceed fortliwith, in the presence and with the assis- office, tancc of two justices of the peace, to determine, by lot, among the three candidates having the highest number of votes, whicli of said judges shall serve for the term of two years, which shall servo for the term of four years, and which shall serve for the term of six years ; and, having so determined the same, it shall be the duty of the Governor to issue commissions accordingly. , Sec. 9. No judge shall sit on the trial of any cause when the parties or eitlior of them sliall be when connected with him by affinity or consanguinity, or judge dis- when he may be interested in the same, except by qualified, consent of the judge and of the parties : and when- C— 6 28 CONSTITUTION OF MISSISSIPPI, Salaries. Judges of Circui t Court. Qualifica- tions: Civcuit?'. u . , tion. Chancery courts. Jurisdic- tion. Style of procL'KS. ever a quorum of said court are situated as afore- said, the Governor of the State shall in such case especially comraifAsion two or more men of la^' knowledge, for tlie determination thereof. Sec. 10. The jud^-es of Sjfiid court shall-receive for their services a Cf-mpenpation to be iixed by law, which phal! not i)c diminished during their continuance in office. Sec. 11. The judges of the circuit court shall be elected by the qualified, electors of each judicial district^ and hold their offices for the term of four years, and reside in their respective-districts- Sec. 12. No person shall be eligible to the office of judge of the circuit court, wlio shall not at the time of his. election, have attained the ago of twenty-six years. Sec. IB. The State shall be divided into conve- nient districts, and each district shall contain not less than three nor more than twelve counties. Skc. 14, The circuit courts shall have original jurisdiction in all matters, civil and criminal, with- in this State ; but in civil cases only when the prin- cipal of the sum in controversy exceeds fifty dollars. . Sec. 15. A^ circuit court shall be held in each county of this Std.te, at least twice in each year ; and the judges 'of said court shall interchange cir- cuits with each other, in such manner as maybe prescribed by law, and shall receive? for their servi- ces a compensation to be fixed by haw, which shall not be diminiLhed duriugtheircontinuancein office. Sec. 16. A separate superior court of chancery shall be established, witli full jurisdiction in all mat- ters of equity: Provided, hoicever, The legislature may give to the circuit courts of each county equity jurisdiction in all cases w'here the value of tlie thing or the amount iu controversy does not exceed five hundred dollars; also, in all cases of divorce, and for the foreclosure of mortgages. The chancellor shall be elected by the qualified electors of the whole State, for the term of six years, and shall be at least tliirty years old at the dm? of his election. Sec. 17. the style of all process shall be "The State of Mi?sissip[)i,^' and all prosecutions shall be carried on in the name and by the authority of "ThQ State of Mississippi," and shall conclude, " against the peace and dignity of the same." J CONSTITUTION OF MlSSlSSfPPJ. 29 Sec. 18. A court of probates shall be estab- lished iu each county of the State, with jurisdiction Piobatc in all matters testamentary, and of administratiin Court, ia orphans' busincps, and the allotment of dower, in cases of idiocy and lunacy, and of persons non Jurisdic- mmpos mentis. Tlie judge of said court shall be *^"°- elected by the qualilied electors of the respective counties, for the term of two years. Sec. 19. The clerk of the High Court of errors and appeals fhall be appointed by the said court, for the term of ^\\v years ; and the clerks of the pro- Clcrlvs. bate and other inferior courts, shall be elected by the qualified electors of the respective couities , and shall hold their offices for t!ie term of two years. Sec. 20. The qualified electors of each county shall elect five persons, for the term of two years, t> ^ f who shall constitute a board of police for cach"pQjj(.p county, a majority of whom may transact business; which body shall have full jurisdiction over roads, highways, ferries and bridges, and Ml otherraatters of county police ; and shall order all county elec- tions, to till the vacancies that may occur in i\\(i offices of their respective counties. The clerk of the court of projiate shall be the clerk of tiieboard of police. • Sec. 21. No person shall be eligible as a mem- ber of said board, who shall not huvc resided one „ , year in the county, but this qualification shall not S^^ ^*' extend to such new counties as may hereafter be established, until one year after their organization; and, all vacancies that may occur, in said board shall be supplied by election as aforesaid to fill ^^^^^^^^^^^^ the unexpired term. Sec. 22. The judges of all the courts of this State, and also the members of the board of the county police, shall in virtue of their offices, be Conserva- •conservators of the peace, and shall be, bv law, ^^^^^^fthe vested with ample powers in this respect. Sec. 23. A competent number of justices of the -, . ])eace and constables shall l»e chosen in each county ygg by tlic qualified electors thereof, by districts, who shall hold their offices for the term of two years ; the jurisdiction ot justices of the peace shall bo lim- j . . ited to causes in which the principal of the amount ^"^ \°JJg in contuoversy shall not exceed fifty dollars ; in all Peace 30 CONSTITUTIO^f OF MISSISSIPPI. Inferior. Arttoney- General C ontested elections. J udges. how r e- mored. Offic e r s , indicted. causes tried by justices of the peace, the right oi* appeal sliall bo secured, under such rules and reg- nlatioDS as shall be prescribed by law. Sec. 24. The legislature may, froui time to time, establish sucli other inferior courts as may be deemed necessary, and abolish the same whenever ihoy deem it expedient. Sec, 25. There shall be an Attorney- General elected by the qualified electors of the State, and acouipetonfc number of district attorneys shall be elected by the qealificd voters of their respective districts, whose compensation and term of service shall bcj}rescribed by law. Sec. 20. Tlie legislature shall provide by law, for determining contested elections of judges of the high court of errors and appeals, of he circuit and probate courts and other officers. Sec. 27. " The judges of the several courts of this State, for wilM neglect of duty or other rea- sonable cause, shall be removed by the governor, ou the address of two-thirds of both houses of the legislature ; the address to be by joint vote of both houses. The cause or causes forj which such remo- val shall be required, shall be stated at length in such address, and on the journal of each house. The judge so intended to be removed, shall be no- tihcd and admitted to a hearing in his own defence, before the vote of such address shall pass ; the vote on such address shall bo taken by the yeas and nays, and entered on the journals of each house. Sec. 28.- Judgesof probate, clerks, sberiffs and other county officers, for the wilful neglect of d&ty, or misdemeanor in office; shall be liable to present- ment or indictment by a grand jury, and trial by a petit jury ; and, upon conviction, shall be re- moved from office. ARTICLE V. EXECUTIVE DEPARTMENT. Sec. 1 The chief executive power of this State Goveroor, ^hall be vested in a Governor, who shall hold his tenure o^oggce for +"— ■ "'^""^- ^' — ^^ +i-" +;»v^,^ ^e i^ia ;v,cfoi_ office. 1 ,. Jation. two' years from the time of his instal- CONSTITUTION OF MISSISSIPPI. 31 Sec. 2. The Governor sliall be elected by tlie qualified electors of the State. The returns of every How elec- election for governor shall be sealed i\\) and tj-ans- ted. mitted to the seat of government, directed to the Secretary of State, who sliall deliver them to the » speaker of the House of Representatives at the next ensuing: session of the legislature, during the first week of which session the said^speaker shall open and ])ublis]i them in the presence of both houses of the legislature. The person having the highest number of votes shall be Governor ; but if two or more shall lie equal, and highest in votes, •then one of them shall be chosen Governor by the c{ontested joint ballot of both houses of the legislature. Con- election tested election for Governor shall be determined for Gov- by botli houses of the legislature in such manner as ^r^o''- prescribed by law. Sec. 3. The Governor shall be at least thirty years of age, shall have been a citizen of some one of the States composing the Confederate States of America, for tAventy years, and sliall have resi- q uaiifica- ded in this State at least five years next preced- tions. ing the day of his election, and shrill not l)e capa- ble of holding the office more than four years in any term of six years. Sec. 4. He shall at all times receive for his ser- „ vices a compensation, which shall not be increased gj^i^n. or diminished during the term for which he shall be elected. Sec. 5. He sliall be commander-in-chief of the army and navy of this State, and of tlie militia, ^g^fj^n ] except when they sliall be called into the service Q^jjef of the Confederate States of America. Sec. 6. He may require information , in writing, from the officers in the executive department, on any subject relating to the duties of their respec- tive offices. Sec. 7. He may, in cases of emergency, convene the Legislature at the seat of government, or at a Governor different place, if that shall have become,since their to c onj- last adjournment, dangerous from an enemy or from ^®°f ^^"^ disease ; and in case of disagreement l»etween the fu •'? -J^ two houses with respect to the time of adjournment, jfit^re adjourn them to such time as he shall think proper, not beyond the day of the next stated meeting of the LegiaJature, 32 CONSTITUTION OF MISSISSIPPI. S^c. 8. He shall, from time to ^ime, give to the le Duty of ,ainc had jjot been idefltroyed by lire as aforesaid^ Sec. 2. Be it /'tfri/icrenwfed, That all copies and transcri])ls of said roeords, made out, copied, sub- stiluled and e8tal)lish('d as aforesaid, being duly Ajertitied hy {]ie pi-o]ter clerk, under his hand and seal of oflice. to lie correct, sliail be received as cvidcuce.ajid he held as valid and binding in all suit,^, actions and other proceeding ami matters, as though 48 LAWS OF MISSISSIPPI. said original records had not been destroyed in manner aforesaid ; and for such copies and tran- scripts, the clerk issuing the same shall be entitled to such compensation asis provided for in other like cases. ' Sec. 3. Beit further enacted, That all acts and parts of acts, coming in conflict with this act, be and the same are hereby repealed, and that this act be in force from and after its passage. Approved. Novcml)cr 23, 18G1. cha:pter v. AN ACT to authorize the Governor of the State of Missis- sippi to accept volunteers for immediate service in support of the Confederate troops at Columbus, Kentucky, or elsewhere they may be needed." Whereas, it appears from information commu- nicated to this Legislature that the enemy is ga- thering in force near the Confederate troops at Columbus, Kentucky, whereby the safety of the latter is likely to become questionable, to guarc? against which, therefore. Section. 1. Beit enacted hy the Legislature qf of the State of Mississippi, That the Governor be authorized and requested to issue his proclamation instanter, calling upon the patriotic men of Mis- sissippi, who may be able to come with arms in their hands, as infantry or cavalry, to assemble without delay, at such places of rendezvous as he may designate by companies, or individuals, to the aggregate number of ten tliousand men, in order that they may be organized at once as a portion of the volunteer militia of the State of Mississippi, to be sent as soon as organized, under such commanders as the Governor may designate, to the relief of the threatened post, there to remain for such time as emergencies may require ; P7'o- vided that said troops shall not be required to re- main in service longer than sixty days. Sec. 2. Be it further enacted, That the troops mustered into the service, under this authority, LAWS (U" MISSLSSIPIM. 49 shall be cutitlcd i r-:\y (oflicers and men) as provided ibr by -a iaw ui' Congress, for the com- peiisalion of Confcdorato Iroops for like cervices. Tlie muster rolls to be made out, and returned to thooOiceof the Adjutant General of the army of -Mississippi, at Jackson, in the same manner as i^ provided by the law fijovcrning' the muster rolls ol' the army of jMississipjii, under the Convention ordinance. • Sec. ;>. Be ii fi/r'llicr eudrfa/, That the sum of live hundrt'«l thousand doHars, [layable out of any money in the State treasury, not otherwise appro- priated, be and t^ie same is hereby set ajiart to- the . jiayment of the troops olTicers and men) i-espond- ini;- to the call, enibiaeitig* the outfit and niainte- tenanec of tlic same ; and the Auditor of Public accounts isherelty authorized and re(iuired to issue his warrants in sueii sum.s and at such tinu^s as the Governor may recpure in payment of the same. Sec. 4. Be it fitii/icr vnri'-tcd. That the Governor be and he is hereby clothed wit]i full powers to do and perform all things necessary to carry out the the objects and i)rovisions of tin's act. Sec. 0. Be U further enaded, That this act take effect from and after its passage. A]'>i>voved. Xoventljor i*1 , l^c-,]. CIFAPTKR \l. AN .VCT 'Vo reduce the tecs ol the ("ounuis.sionei'S of tl-c Section 1 . Ji< /' ' -^"^ /> '. / i/if Sfaie of MiKsisb-ipjii, That the Commissioners ap- pointed by the Board of County Police of Perry county for the sale of the subnierg«Ml lands, and their successors in onicc. shall luneafter rcx-eivc for their services Ihren per cent, upon all monies col- Iccted l>y them, l»y Airtuc of thoir olhce. and no more. Sec. 2 Ik if furlkcr cnacicd. Thai all acts con- flictinu' witii this act be and the same is hereby repealed. 50 l.AWS OP MISSISSIPPI. Sec. 3. Beit further enacted, That this act take eJBfect and be in force from and after its passage. Approved, November 23, 18G1. Oil AFTER YIl. -■^X AGT U> lUiioud an su^t t;nti(.l("i uii act to establish In tlio County of Wairon an Inferior Court of Cririiinai Jnri.'^dicv tiou, approved February 1st, 1861, District Sectiox 1. Jic. it enacted I'}/ the Legistatirre of the Attorney, State of Mh'si.ssippi, That if, at^any term of the how sup- said Criminal Court, the District Attorney of said plied. Court shall be abseiit, or una])ic to perform his duties, from sickness or otherwise, the Court shall have power to appoint some Attorney, to act for the State, in the place of the District Attorney, during the absence, or inability of the said District Attoi'ncy, and the person so ap|>ointed shall have full power to discharge all the duties of said office, duriug the absence or inability of tlie District At- torney ; and shall receive a reasonable com])ensa- tion for his services, to be allowed by the Court, and certified to the Auditor, who shall issue his warrant therefor; sucli allowance shall be deducted from tlie salary of the said District Attorney, and shall not exceed the rate of eomi)onsation received l)y the District Attorney for the time engaged dur- ing tlie year. Vacancv '^^^' "' ^'^ '^ further enacted, Tliat when a how tilled vacancy shall occur by the death, resignation or otherwiseof the Judge of said Crimnuil Court, or of the District AttoriKy of said 0(turt, the unex- pired term whereof siial I not exceed one year, the same shall 1)C filled for the unexpired term by ap- ])ointment. by the Governor, antl when the unex- pired term shall -exceed one year, the Governor shall issue a writ rcquii-ing an election to be held at some time therein specified to till the unexpired term, said time to be not less than thirty days ; and the Governor shall make a temi)orary ai)poij]t- nient to till such vacancy until the j)erson chosen at the election so ordered, shall be duly qualified : LAVi^ OF MISBISSIPPI. 51 and in the event the ^tovernor shall not make such temporary appointment, to fill such vacancy occur- ing in the office of District Attorrney, then the said Court shall fill the same as provided Tor in section first, of this act. Sec. 3. Be it further enacted^ That .when, an election to fill such vacancy has been heretofore ordered by the Governor, and the election has been held, such order and such election are hereby legalized and declared to be valid. Sec. 4. Be it further enacted, That this act shall take effect from and after its passage. "^ Approved, November 15, 1S(31. CHAPTER VIII. AN ACT for the rebel of Nelson T. Warren of Washington County. Section 1 . Be it enacted bij the Legislature of the State of 3Iissi'Sfsippi, That Nelson T. Warren, a miuor, he and he is hereby released, from the civil disabilities of minority, so far as to authorize and enable him to make and execute a last will and testament, and to devise and bequeath his estate, real and personal, in the same manner as if he was of full age. Sec. 2. Bo it jurt/ier enacted, That this act take effect from and after its passage. Approved, November 13, 1861. CHAPTER IX. AN ACT to authorize the transcribing of the Records of Hinds County. Whereas. The Police Court of Hinds county, at.i, special term, holdcn in March, 1861, authoriz- <»d he Clerk of the Circuit Court of said county ro cause to bp transcribed Fundry books of the iifioords of hi«^ Court which were much iujured and 62 'F MISSISSIPPI. authority, the said Clerk lias caused to be uiade. in well bound books, traiisci-iptt; of inany of tho re- cords tint.- injured ; tliei'ofore. Section 1. Bf^^ it ('■nacte(iby the Lcgiduiuh: vf Iht- Slate of Mii^-'iiHiiippi, That all transcripts* of tlio said record of the Circuit Court of Hinds countv. which have been made, (ir shall be made under authorit}" of the order »>f the Police Court afore- said, sh:i]l be holdeu to* have all the verity of the rccoids from which they are transcribed and as r-uch sliall be received as evidence in all Courts us the original might be : Prorklfd, Tiiat the Clerk of said Circuit Court, or some duly qualihed depu- ty, shall iirst exannne said transcripts,, and certify tiieni to be correctly made. Hec. 2. Be it further enacied, That this act shall be in force from and after its passnge. Approved , V e vembe r 1 3 , 1 8(5 1 . CHAPTER X. All ACT to amend section two of Chapter sixty-four of the acts of November, 1859, in relation to the charter of the City of Vicksburg. Section 1. Be it enacted by tke Legislature of the State of Mississrppi, That from and aftCl* the next charter election, the salary of the j^Iayor shall 1)0 one thousand five hundred dollars instead of two thousand live liandred dollars as now pro- vided by law. Sec. 2. Be it further enaGtcd, That so much of section two, chapter sixt)- -four of the acts of Nov vember eighteen hundred and fifty-nine, as corac. in conflict with this, act be, ajid the same is hereby repealed . Sec. ?.. B-^ if further enacted, That this act take effect and be in force from and after itP pas sage. Approved, November 13,1861. I,AW8 OP MISSISSIPPI. CHAPTER XI. AN ACT to CTeate a fund Ijf tbo support, of destitute fami- lies of Volanteers in this State, and for other purposes. Section 1 . Be it enackd by the Legitdalure of the State of Mississippi, That a special tax of thirty per ceut. upon the reijjular 8tatc taxes of th(! )>ro- Amoantr.f ijent fiscal year, and eavh succeed iiiij; ye%r until tax. other\vit-c ordered, be levied and coUected. as oth- er taxes now are. for the t>(i[>povt of de'.itii'e familie;*, dependent wholly or in p^irt Ui-ou tlu volunterrs who are or inay hereafter I 'O, tnuhtered into ihe service of thi< State, or of the Coiifedei- ate Stnte, to be called the iriilitarv Relief Fund. SEr. 2. Beit f:nihir oracled, that it shall be the duty of the B'iakd>o[ Police, in the several -^ counties in riiirs Siatc. to ascertain as soon as pos- goard/ of r:ible the names of all volunteers from said counties poiict*. who have been mustered into the t'crvice of the State, or of the Confederate Statci?, for at least six montliF. with the names of the companies to whicli they belong; ; also the names of all vol- imtcers from said counties, who have enlisted ae rccruits. or nttaciied themselves to conipanic:^ form- ed outside of the limits of the State, or of their respective countip^v ; and that it fhall 1)0 the dutv of the Clerk.- of said Boards of Police to record a roll of all fU'h namcs^and compinie-, and lo fur- nish the Auditor of Public Account? with a ocrti- .^ tied copy of the pame. on^pr before the firpt day of March next. Sec. 3. Be it fuifhcr amctcd, That the p.-o- ceedt of said tax be and the saraf. is hereby annul j^ . , ally appropriated for the supj>ort of aid fleftitute approprii families : and that it f-hall be the duty wf the Au ted ditor of Public Accounts, in thirty days after set- tlement with the tax collectors, in each year, to make a pro rota distribution of said sum amonj: the several counties in th.is Stat.^j. acccrdinp- to the number of volunteers furc::hcd by each count;-. and certified to him accordinj.' to the provifi'^n^ •••f the 6ec»Pf ^..lid {(.uii'.u'S. 54 LAWS OF ^.rmsiBsippi. the amount of -aid fund to wliicli each county may he entitled. Sec. 4. Jn-i I further enacted, That for the purpose of purchasing provisions, and such other indispensiblo articles as saiddestitute families may requii-e, the jniards of Police are hereby authorized to issue warrauu^ upon the county Treasuries c their respective counties, pay; ule out of said fund, to an amount not exceeding ti'^sum to which such county mny l)e entitled under >:ie provision of the Datv of third section of this act. Slicrills. Hii:c..5. Be it further enacted, That the Sheriffs of the several counties in this State shall collect the said military relief tax on the same sha41 give addition- al bond, with twi) 01- more securities, equal in amount to ou" hilf of the State taxes of their re- ::i)ective coti''- ':>-.]' jn the same manner as now r •>:! •' orencje to the collection of ••"'k:' ■ penalty of a forfeiture of '>(a ;ndo; and sliall receive in p^iyjnr': ; '■ -u i lailii^ary relief tax, gold and sil- ver, cui-icai bank bills, and the warrants of their ri\-:pcctiv« '.counties Issued upon said fund, and Confecierare Treapi;ry note:^, and Treasury notes Sherifis, of the State, how to set Sec. 6. Bo it further enacted, That it shall be tie accoata the duty of the said several sheriffs^o pay over into the county Treasury of their respective counties thesums,to which such counties may be entitled under tiie third section of this act, and the receipt of the county Treasurer therefor, shall be a vouch- er to such Eheriti" iu his settlement with the Audi lor of Public Accounts for so miich of eaid tax, and all escest that may be due or in the hands of -:a.id sheriff after paying to any county the amount to which it may be entitled, shall be paid into the State Treasury at the same time, and in the same manner, and under the same penalties as now required by law for the payment of other State ■ ixes : and should the amount paid to any one •' ounty by such sheriff be less than the amount to LAWS OB' MISSISSIPJ^J . O'O of sucli county may, upon the order of the Board of Folico thereof, receive out of the State Treasury Bond of the bahance due said county on account of paid county military relief fund: Provided a/so, That before treasurer, any county Treasurer siiall receive into his hands any })ortion of said fund, he shall under penalty pf forfeiture of his oCBee enter into bond, with two It;- more secnritie3 in the same manner an now required by law. and for an amount dou\)hT that to which \nA county inay be entitled. Sec. T lie U fartht7- Oiocted, That, siiould tlu' amount of ^'Hid fund to which any one county ma} be entitled, be greater than the amount actually necessary for the support of said indi. Be, it furikcr enacted. That whore any • •ounty, or countie? which may havo levied the tax under the act of August l!d, 1:>(d. That this act shall take eflbct and he in force from and after its pas- sage. J Approved, P-ecoiuber 16, 1861. CHAPTER XII. AN ACT to provide (or the e!=!tablishmeiit of Hospitals for the Mississippi Troops and for other purposp.*;. Section 1. Be it ".ttacred, by tfip Legislature of the Slate of jMississippi, That it shall lie lawful for, and it is hereby made the duty of the Governor to appoint suitable agents to establi.sh and conduct proper hospitals at the most suitable points conve- nient to onr troops in service in A irginia and Ken- tucky, or wherever else they may be in sullicient numbers to require them. Sro. 2. Be if f7!riher enacted, That it shall be LAWS OF MI68ISSIPPJ. . 57 the duty of said agents to procure suitable quarters for said hospitals, to scfure suitable Plijsicians aud nurses to atteini,them, and if not promptly and sat- isfactorily secured elsewhere, to request of the com- manders of our troops near said hospitals to detail all needful aid as required by said agents, aiul to receive all appropriations that may be made them, and advise and direct the disburseinoals thereof. ' Sec. 3. Be it further enacted, Tii;'^ all sjck or wounded Mississippi troops shall bo uilmitted to said hospitals at the reqyest of, or upon tlic certi- ficates of their company or other commanders, or at the discretion of the agents herein appointed, and be discharged therefrom upon thecertilicafc of the acting physicians to be appointed for said hospitals by said agents. * Sec. 4. Be it further enacted, That said agents so appointed, shall make monthly reports of thcyr action to the Quarter- nnster General of this State; said reports to be approved by the Governor. Sec. 5. Beit furtJier enacted . T\\^i the sum of twenty-five thousand dollars is iiereby appropriated out of any moneys in the vState Treasury not other- wise appropriated to carry into eftect the provisions of this act, and the Auditor is hereby required, upon the requisition of the Governor, to issue his war- rant on the Treasury for the same, and that the Governor appropriate said amount in such sums to llie diflerent hospitals that may be established as herein provided for as he may deem just and ne- cessary ; all charges of said appropriations to be kept in the Quarter-master General's department. Sec. 6. Be it further enacted, -That there shall be connected with said hospitals under the direction of said agents, depots for receipt, care and delivery of all such consignments as may be forwarded for the Mississippi troops, near and about said hospitals. Sec. 7. Be it further enacted, That the compen- sation of said agents and Physicians shall in no easf exceed the rate of one thousand dollars per annum, nor shall the compensation of clerks or nurses, (provided tliey cannot be detailed from our troops as aforesaid,) exceed fifty dollars per month : these salaries, in all cases, to be approved bv tlio Governor. L-IJ oS i.AAS's OF inssisaippi. . ■ ..Sec. 8. Be it further enacted, Tliat the sum of five thousand two hundred and ten dollars be ap- propriated to cover all liabilities or advances in- curred or made by or uncl?r the authority of the Quarter-master General of the Shrte for the relief of the hospital established at Warrenton, Virginia, under the care of the Rev. C, K. Marsliall. and that the Quarter-master General be authorized to charge such expenditures in his accounts in the same manner as if authorized by a previous law. Sec. 9. Be it further en acted, That this act take effect and be in force from and after its passage. Approver], December IG, 1861. CHAPTER XIII. AN ACT to confirm the location of Swamp and Overflowed .lands in Gregn and Jackson Counties, and for other purposes. Section 1 . Be it enacted hy the Legislature of the ^taie of Mississippi, That the location of Swamp and Overflowed Lands made by Iliram J. Breeland, locatiug agent for Green County, and H. Krebs, locating agent for Jackson County, duly appointed under an act of the Congress of the United States of America, approved September 28, 1850.'be and the same arc hereby confirmed. Sec. 2. Beit further enacted, That upon the pro- duction of the certificate of the Secretary of State, certifying the amount of said located lands, and that authenticated returns of the same have been ^Icd it) his office, it shall be the dut^' of the Audi- tor of Public Accounts to issue his warrant in favor of the said Ilirnm J. Breeland and H. Krebs for the amounts to which they arc respec- tively entitled for making said locations, as pre- scribed h\ tlio law under which the same Avere made. Sec. 3. Be it further enacted, That this act shall take effect and bp h^ force from and nftf:^r its paf- sage. ^ Approved. I/ixviuoor 3, ISGl. J..AWS OF MISSISSIPPI. CHAPITER XT V 59 aN act Lo I^ eulilled on >.oi .lUiuo; ;. .i.t, im. . ^ luvn. .- -•, Treasury Xotes, as advances upon cotton. Hec. 1. lU d enacted by the Legislature of the State of Mississippi, That the Governor aii^ Aii- Engraved ditor of the Stale yhall contract for llie printing l''"^-^^ upon engraved [ilates ^f Treasury notes of the denominations of one, two and a half, three, five, ten, twenty, fifty and one lumdred dollars, to be advanced upon cotton at the rate of five qents per ponnd, in the mode and manner hereinafter pre- scribed, ^aid notes shall be signed by the Treas- nrer. and countersigned by the^iuditor, and c-liall read, on tlieir face, as folIow> : S o •— On demand, after proclamation t() pre- sent, Ihe folate of Migsipsippii will pay* to bearer, tlie smn «f dollar [s] out of prccced- ed for redem})tioii ; surer's ofhce in Jack;-qn, Issued day of Auditor Publi'' -^ '■"'>Miit-. ;cGn3 ol cotton, pjedg- 0, at tlio Trea- i^sippi. 1 SY, . Terms note. of Plates, how pro- t excoed the sum of five inillions of dollar.-. Si:c. 2. Be it farther enacted, Thut upon tiie icoeplion ofgaid 'JVcasury notes, the same shall he deposited ^ritli the Treasurer, iu the trcasui'y of ho\va*d' ^'^^^ ^tate : aud, thereupon, the auditor is hereby vanced. authorized to advance the said treasury notes to the people of this State, upon the security of cot- ton, in the following manner, and upon the follow- ing terms, to wit : Any person desiring to obtain an advance upon cotton, shall present an applica- tion, in the form of a petition to the auditor, stat- ing the county of his or her residence — the num- ber of bale:- of cotton, marks and numbers on the bales, then iu his or her actual possession, or un- der his or her immediate control, of which such person is owner -»-the average weigtit of said bales -^the average character of said cotton — the place where it is then deposited — that the same is sub- ject to no lien or encumbrance whatever — and the number of said bales upon whicli he or she desires an advance : said petition shall be verified by oath before the auditor or any officer in this State au- thorized to administer an oath. Sec. 3. Be it further e?6«rft«i, That the auditor shall make the advance so applied for, when, the Conditions party shall execute his or her receipt to the audi- ofadv'noo tor, specifying tlie number of bales of cotton upon note.". ^^y\xlQ\^ \iQ or she has obtained an advance, and the aggregate amoimt Of said advance. Said party shall also promise in said -receipt, safely to keep and to deliver the said cotton at some specified city or seaport in the Confederate States ; to some jierson to be designated by the said party in said receipt, or to some cotton factor to be selected by such party and notified to the Governor at the time of shipment, and at such time as the Governor may by proclamation require ; and that the pro- ceeds therefor shall be subject to his order. Said cotton, until sold, shall remain at the risk of the party receiving said .advance. In addition to the said petition and receipt, !.he said party shall exe- cute a bond, in double the amount of the advance obtained, for the further security of the same, which Bhall be in substance as follows : i.aUs ;• MI^SISSUTI 61 Tiir. "•T'.Ti; DP M1S8TSSIIMM, ) Count}. \ (it Bond. lvu(i\i all lufii i i . . i!'.;)! v'l-. MS ])rincipfd, am! ;mi;''. New, if Ihe said shall fail to |»:\y tiic said advaiiee in gold and silver, or in tho said treasury notes, v.hen re(]uired by the Governor, by j)roclamati(Mi so to do ;- and shall likewise fail to deliver the nmjiber of bales of ('(Uton. when so required, in aceordanee ■with his reeeipi, hei-ein i-cferred to. executed by the said , upon ob- taining said advance, oi', il n\Kn\ its delivery, in lu^cordance with ,-*aid rec-^ipt, the })roeeeds thereof in gold and silver, or in the .said treasury notc^, shall not be api!ro])riatetl by the jtersons to whom tlic said cotton is delivered, in discharge of said advance ; or, if upon a sale of said cotton by said person, the nctt jirocecds thereof, iii gold and sil- ver, or in said treasury notes, shall not be sufficient to discharge said advan(;e, thcji this obligation is to be in force to the full anidunt of said advance, or such ))oriion of it, as may not otherwise have l)een discharged. Should the said advance be fully |)aid. then this obligation is to l>e void. Witness our hands and seals, this '" •^<' 186 . 'Siirnedl iSKALj ! sc.vl] I SEAL I The re/'cipt and bond, above referred to, may be executed V»y a party desiring an advance, leaving blank tliose places v^ hich can only be filled uji upon presentation of the' petition, and may l)e trans- mitted by a third yicrson, Otr that purpo.-^e. 'i'lu' Judge of '!. ' Probate ('ourtof the county in which any a)^p!i' .lid may reside, shall certify upon said LAWS OF MISSISSIPPL bond, that the same was executed and acknowled- ged in his presence, and that he approves the same as a security for the full amoinit that can be ad- vanced on the number of bales s])ecified. in the petition — which number shall be stated in his said certificate. He shall then identify the said petition, with the said bond, by sonie definite mark, and attach them together. Said bond shalJ be filed in the office of the treasin-er, and the production oi' the same upon any trial shall be prima fide evi- dence of' the due execution and validity of said , bond ; and the Governor is hereby required to place the said bonds in suit upon any breach of tln^ same. Sec. 4. Lk it further enacted, Tluit upon the presentation of said petition, and execution of said Kates of receipt and bond, the Auditor is aulbwized to ad- cotton to yg^^(.Q j^^Q ^^^^.\J^ party, not exceeding tlic sum of five Q^ " cents per ]DOund of Ijaled cotton, upon Aviiich the said party desires an advance ; and shall draw his war- rant on tlie Treasurer for the same ; which warrant shall specify tliat it is to be paid out of the said Treasury Notes. The Judge of the Probate Court, the Auditor and Treasurer, shall cacli be entitled to demand of every i)arty applying-for an advance, the sum of fifty cents ; and for cacli bale over fifty, upon Avhich any party receives an advance, the Auditor and TreasuVer sliall receive the further sum of one cent. Sec. 5. Be it further enacted, That the petition for an advance, shall be filed by the Auditor, in Keceipts, the ofiicc of the Governor. Tliat tlie receipt, giv- how filed en by the party; shall be filed in the office of tlie Auditor. Any person desiring to pay his or her advance, shall })ay tlie same to the Treasurer, in gold and silver, or in the Treasury Notes, issued under this act. Said Treasurer, upon such pay- ment, shall cancel tlie bond of the person, so pay- ing his or her advances, and shall draw his order upon the Auditor, in favor of such party, specifying the amount so paid, in gold and silver, and in said Treasury Notes. Said order shall be filed by the Auditor, and shall authorize him to deliver to said party, his or her agent or attorney, the receipt so filed as aforesaid. LAWS OF MISST8SIPPT. GrJ Sec. 6. Be it farther enacted, Tliat wlioncvcr Cotton, the present blockade of tlie ports of the Confedcr- J^^J^" *° ate States sliall Ijc removed— wliich shall be deter- ^^"''"^«''- mined by the proclamation of the Governor declar- ing^ the iact — the Governor shall by said procla- mation, require all persons to wliom advances may » have l)oen made, to deliver the number of bales of cotton upon which they have received an advance — in accordance with their i'es])ective receipts within ninety days from the dnte of snid procla- mation. Sec. 7. Be it fut titer euaeted. That the Governor, who is hereby authorized to settle the same, shall receive from the persoas to Avhom the cotton may l)e delivered for sale, by the jiarties obtaining- advances, nothing' but gold and silver, or the Treasury notes, issued under this net. in pay- ment of said advances. Sec. S. Be. it further cu'idcd, 'I'hat the funds so , received by the Governor, in payment of said ad- p!i"fg^j '" vaneos. shall be deposited with tlic Treasurer, and placed in the Treasury of the State. Tiie Govern- or shall take the receipt of the Treasurer therefor,- ' All of said Treasury Notes, received by the Gov- ernor, in payment of said advances, shall bo can- celled by the Treasurer, in the presence of the Governor, and tiled in tlie ©{fice of tlie Treasury. — Any person, whose advance haslieen paid by a sale of cotton, and deposite of the amoimt as aforesaid, may apply to the Treasurer, and obtain an order on the Auditor for the delivery to such- person, of his or her receipt, as ]irovided for in cases of pay- ment before sale. Sec. 0. Beit further enacted, That all money received in payment of said advances without sale of (jotton— all money received upon a sale of said [Tg^"^*^ cotton, — all money recovered by suit upontlic bonds j^j^^e pro herein required to be executed — and all forfeitui'6s fcren:e. that may be recovered, under this act, and said fund only are hereby pledged for the redemption of the said Trea.sury notes, nor shall any portion of the same be applied or appro)")riated to any other purpose Avhatever until all of the said Treasury >fotes arc redeemed. Sec. 10. Be it farther enacted, That tlic said Treasury Notes sihall be receivable in payment of fU ' LAWS OF iMlSiilSiSil'PJ. Notes le- all taxes now due, or that may hereafter become oeivcd, for ,^.je^ |q \\^[^- .State, or to any county or scliool fund what. or municipal eorporation. Said notes, when so re- cei^'ed for taxes, may auain be paid out by the Treasurer, upon any wai-Vnnt of the Auditor, drawn upon the .ueneral Treasury, and the same may also t)e paid out Ijy tlie disbursing officers of counties aiidnninicipal corjjorations. and by persons having control of any school fund created by taxation, when authorized to do so by the proper authority. Such of stiid notes as ure received in the Treasury, in payment of said adva'sces. shall bccancelh^d by the Treasuser and preserved in liis office ; Prov'uleEc 1"). fie it further enacted.. That any public officer or other ])erson who snail embezzle, or in any way whatever, issue or appropriate, any of the said Treasury not^s. or who shall embezzle, or i.^uc. use or appropriate, in any manner whatever, any of the funds connected with tlic issue and redemption of said Treasury notes, not in accordance with the provisions of this act, shall be liable to indictment therefor : and on conviction, shall be punished bj imprisonment in the Penitentiary not less than ten y( ars. Si:(\ If), licit nirtJicr cnacfrd. That articles lOS, 114, 115 and IIG, of section thirtj-one, of chapter sixtv-four of the Revised Code, are horebv declared !>(> LAWS OF MISSISSIPPI. to be a part of tliis act. and applicable to the Trea- sury notes, issued by virtue of the same : and any person w-ho shall be convicted of any of the oftcnces spocified in said articles, in reference to the said Treasury notes, sliall be jxmistied by imprisoument in the Penitentiary not less than fen venrs. Sfic. IT. Bf it furt/ie'- rnacfvd, 'That {he Auditor Books to aud Treasurer arc hereby required to keej) such l>e kept, books, and to make such entricaas uiay be necessary to show the nuin))er and amount of the Treasury notes issued under this ao^, the date of their issu- ance, the persons to whom issued, the amount repaid, by whom, and when, and in Avliat fmids, together with such other entries as may be required fully and distinctly to show all tlieir actings and doings, in relation to the Treasuiy notes authorized by this act. Sec. 1 8. Be itfartker enacted, That the provisions of this act shall only apply to the cotton made in this State in the year, 1861. Sec. 19, Be it further enacted, That this act take effect and be in force from and" after its passage. Approved, December 19, 1861. CHAPTER XV. - EESOLUTIOX to appoint delegates to Southern Planters Convention to be held at Memphis on the 16th Dec. 1861. Resolved, (the House concurring), That the Gov- ernor be requested to appoint four delegates from each Congressional District, to act in connection with delegates appointed by *the Agricultural Bureau nnd Agricultural Societies of the several counties to represent this State in th.e "Southern Planters Convention,'" proposed to bo held at the City of Memphis on the 16th day of December next. Approved. November 28th, 1861. CHAPTER XVJ. KESOLUTIOX appropriating cartridge boxes to tfie Smitr. Quitman lUfles. Ju.^olved, That ihc (.'hiei' of Ordji.-i.* . . . . , ^>.J in- is hereby required to deliver to the Smith (/Tiitina3i 'B.ifle.^, a Yolur.tocr ..oin))un\ in the city of Jackson; and the Ivaiikin mounted Tvilles, cidistrd under th«' recent call of the C!ovcruor, a number of cartridg<' boxes equal to the number «>f privates and non- commissioned officers in said conijianies, upon thf Captains of said companies oxecutinii;lo him theii- receipt for the same. Frovided hoivever, there may be that number in his Department unappropriated. Approved November 27, 1801. CHAPTEll XVTl. RESOLUTION to authorise the Chiefof Ordnance to furnish accoutrements to Fireside Defenders. Rcfiolucd, That the Chief of Ordnance be and he is hereby requied to deliver to the Fireside Defenders, a volunteer company from the county of llankin under the recent call of the Governoi-. belts, caps and cartridjie boxes equal to the num- ber of non-commissioned officers and privates in said comi)any entering' into bond in double the value of said accoutrennmts. paya1)lc to the State of Mississippi Avith ./' i)/is- dssijrpi, That Mississippi has hailed with joyous pride the intelligence, of, the ever memorable and glorious battle of the 21st of October, in which so large a share of the honors of the day fell to her gallant sons — that we deeply sympatliize with them in the hardships they endured, and in the loss of companions honored and loved. Resolved further, Tliatthe Colonels of the 13th, 17th and 18th Mississippi Eegiments, cause these resolutions to be r<^ad at the he:vl o.{ their respec- tive commands. LAW? fir AllSSlSSJPPf. 50 Ilttiolvcd. That the Clerk ol' the House of iiepre- cntatives furnish them copies for that purpose. Approved. November 23, .1861. CHAPTER XX. JOINT RESOLUTION to fill a vacancy in tho rrovisional Congre-13 of the Confederate St:itee. .Resolved hij (he L^glslalure of the State of ^liffnis- sippi. That the two Houses will meet in joint Con- vention on Friday the 22d day of November in- stant at 12 o'cloek M., in the Hall of the House of Representative? for the purpose of electing" a Dole- gate to the Provi.-^ional Cougre;-s of the Cunfeder- ate States to till the vacancy caused by tlie resigna- tion of'the Hon. Alexander M. Clayton, late one of the delegates from the State of Mississippi. Approved, November 2;i. 18G1. CHAPTER XXI. RESOLUTION in relation to furnishing the Newton Rebels with cartridge and cap boxes. Jicsolvi'd hy the Simite (the House concurring), That the Chief of Ordnance be required to lurnish the '"Newton Rebels,"' a volunteer company from Newton count}- witli cap and cartridge boxes, and tlu' Captain of said company be required to give bond in double the value of the articles furnislied tlie company with good and sufficient Becupity, to be appro\ed by4he Chief of Ordnance, payable to the State of Mississippi, conditioned for the safe return of the same wlienever the said company disbands. Approved, December 11. IS'iil. 70 LAWS OT MISSISSIPPI, CHAPTER XXIT. W liLUJ'iAs, /a'iI!;is,a. dark iitiVAoiori,', Ut-wiij on the 20tli clay of February, LSGO, entered at the land office in the city of Jacksou, lots Xo. 11 and 12 of Section 26, township 23, range 8 cast, for tlio sum of one hundred and forty dollars and' forty- five cents, and whereas, it now appears that said lands had before that date, to-wit : on the'llSth of January, 185-1 been sold and ennvnycd ■ " t'-^'^-^tatc ^ to one David S. Byrd. • Section 1 . JBc it ihere/vn- cnadcd b// l-lc J^cgu^- lature of the State of Missisdppi, That the Audi- tor of Public Accounts be directed to issue his' warrant on the Treasury in favor of Zenias A. Clark for the sum of one hundred and fdrt/^and forty-five one, Imndreths dollars. • Sec. 2. Be it hiriher enacted, That this act tako efiect and be in force from and after its ])assa.o:e. Approved, December 3, 18(11. CHAPTER XXin. AN ACT to provide for the collection of certain arrears of taxes in the county of JefTerson. WiTEREAR. It is represented that a large amount of the State and county taxes of the county of Jefferson, due by the assessmcnt^of 1S60, and wliich ought to have been collected In the year 1861. remains uncollected ; therefore, ■ Section 1. Be it enacted hy the Legislature of the State of Mississippi, That tlic tax collector yf the county of Jefferson be* and he is hereby authorized and required to collect all the State and county taxes in said county of Jefferson which ought to liavc been collected, and paid into the State or county Treasury on or before the first day of July last, and which remain uncollected, and that the same be collected in the same manner as the other taxe;^ of the current fiscal yeai', and paid into the i.AW!^ OP MISSfSSlPPI. * State and county Treasuries, at tlie same time and in the same manner that other taxes arc required to be paid, and that the said tax collector sliall be liable on his bond for the taxes collocted nnder this act in the same manner as for other taxes collected bv liim. ' Sec. 2. Ik il ['ndhcr mcntcif, That the said tax collector shall kee|3 and report nnder oath to the Auditor and county Treasnrer, a separate and full report of the amount collected nnder this act, and sjiall be allowed connnissions thereon, as in other cases, and the amounts paid in nnder this act shall be applied by the Auditor and county Treasurer respectively to the credit of the l)alanee stahdinf:' against R. F. ^IcGinty, late tax collector of said county for his failure to collect the same : and that this act shall not effect the remedy of the State or county against the said McGinty and his sureties. Si±. 3, Be it fnrl.ha- (.uactitd, 'J'liat tins act shall take effect from its jiassage. A])provcd November 2.). ]S()i. CHAPTER XXIV. AN ACT to reduce the fees of certain officerfj in Neshoba county. Setiox 1 . Be it cnacfcd by (Ac Legislature of the State ni' .Mississippi, That the Probate Judge of said county shall receive the sum of two hundred and fifty dollars per annum, instead of three hun- dred and fifty dollars as'now allo^^'ed by law. Sec. 2. lie it further nit'di:(l, That* the mem- bers of the Eoard of Police of said county shall receive the sum of one dollar and fifty cents each for each day in vriiich they aro actually engaged in dischatgcof the duties >'f "'-• oflirn nnd nothing more. Sec. :b Be it further i:ua< Ud, That Inspector,- and Clerks of election in said county shall be enti- tled to no compensation. Sec. a. Tir il frrlh> ,■ ma, -I,,], Thai nil law^ 72 LAWS OF MISSISSIPPI. and parts of laM'S contravening tho provisions of this act be and the same arc liereby repealed, so far as said county is concerned ; and that this act shall take effect, and bo in force from and after its passage. Approved. November 2\\ IMOl. CHAPTER XXV. AN ACT to authorize the Board of Police of Smith county to appropriate the monies arising from the sale of estrays to county purposes, &c. Section 1. Beit enacted by the Legislature of the State of Mississippi, That the Board of county Police of Smith county be and is hereby authorized to appropriate the funds arising from the sale of estrays and runaway slaves, and wliich shall not be claimed by the owners thereof within the time limited by law, to county purposesrii'stead of com- mon or free schools. Sec. 2. Be it further' enadcd, That it is the duty of the Ranger to take county claims inpay- ment for any estrays sold in said county of Smith, afte'r the costs are paid. Sec. o. Be it further enacted, That the county Treasurer be authorized to receive county claims for all forfeitures and fines, in said county of Smith. Sec. 4. Be it further enacted, That all acts and parts of acts, in conflict with tliis act shall bo and the same arc hereby repealed so fnr as Smith county is concerned. Sec. 5. Beit further enacted, Tltat this act shall take effect and be in force fro'^t: Jtnd after its pas- sage. Approved November 29, 1861. LAWS or MISSISSIPPI. 11 CHAPTER XXVI AN ACT to define and punish the crime ol the fraudulent removal of personal property under mortgage, pledt^o or deed of trust and lions byjud^mont, from thia State. Section 1. Be it enacted by the Lcglslainre of the State of Mississippi, Tliat if auy person shall remove, or cause to be removed to any place beyond the jurisdiction of this State, any personal property which shall at the time of such removal be under written pledge, mortgage, or deed of trust, and liens by judgment, in this State, with intent to de- fraud the pledge, mortgagee, trustee, or cestive qui trust of said property, said person'shall be deemed guilty of felony, and upon conviction thereof lieforc a court of competent jurisdiction, shall be impri- soned in tlyi Penitentiary for one year. Sec. 2. Be it further enacted, That if any per- son shall remove or cause to be removed, or shall aid or assist in removing to any place beyond th(i jurisdiction of tliis State, any personal property upon which there shall, at the time of such reaiovaJ, be any judgment or excciition lien, within thr State, with intent to defraud the person entitled to tho benefit of such lien, such person shall be (ioemed guilty of felon V, and upon conviction thereol", shall be imprisoned tn the Penitentiary for one y< nr. Approved. November 29. 186i. CHAPTER XXYIl. KESOLUTIOX appropriating cartridge and cap-hoxes to the Lafnyetto Sharp-shooters and other Volunteer Com- panie.s. Resolred hi/ (he Legislature of the State 4 Min sissippi. That one hundred and fourteen cartridge boxes and cap boxes be furnished to the LMfayeito Sharpshooters now in camp at Grenada, fiom the State armory, upon said company executing a good and sufficient bond for the same: and also lo Caitt. Rarry'sComi>any now in c«mp at Grenada, and the "Yankee flunlers."' Cn]it. Thorap.^on's company of Madison count)-. J^pproved December 11. 1861. 74 LAWS OF MISSISSIPPI. CHAPTER XXVIIl. AN ACT to estend the provisions of an act entitled An Act to prohibit the sale and gratuitous distribution of vi- nous, spirituous and feriucntingpiquora within four miles of Weiitville Seminary, in Simpson County, and for other purposes, to Police District No. 3, in Simpson County. .,;Sect1ox 1. Be it eimctccVhy the Lep;islature of th' State of .Misslssipjr', That the provisions of an act entitled, an act to prohibit the sale and gratuitous distribution of vinous, spirituous and fermenting liquors within four miles of Wcstville Seminary', in Simpson County, and for otlier purposes, approved February. 18G0, bo and the same are hereby- ex- tended to Police Disti'ic.'t nu'n'iK'r throe, in Simpson County. Sec. 2. Be U farther t'nar led, That tliis act take eflbct and be in force from and after its passage. Approved. December :^. 1801. CHxVPTER XXIX. • AN ACT Lo amend Chapter twenty-three of the Revised Code so far as regards the County of Adams. Section 1. Be it enacted hij the Legislature of the State 0^' Mississippi, Tliat so much of Chapter twenty-three of the Revised 'Code as refer.^ to the appointing of Overseersi of the Poor, 1jy the Board of Police, and the duties of said oversee^-s. be and the same is hereby i-opc.iled. so far ns regards tlic County of Adams. ' , Sec. 2. Be it fartlur enacted, Tijat the Board of Police ot .'jaid county shall perform all the du- ties heretofore incumbent upon the Overseers of the Poor or. said county. Sec. o. Be it farther enacted, That this act shali take effect and be in force from and after the expi- ration of the present term of said overseers. .\pproved, December 3. ISfil. LAWS OP MiS9I98rPPI. 75 CHAPTER XXX. AN ACT to reduce the Salary of the Probate Judge of Tishomingo County. Section 1 . Be if enacted by the Legislature of the State of Jlississiiipi.' Tlmt hereafter tlie'salary of the Probate Judge of Tishomingo County shall be six hundred dollar?, instead of eight hundred dollars.' Sec. 2. Be it further enacted, That this act shall take cft'ect and be in force from and after the first day of January, 1862. _ Approved, Decembers, 1861. CHAPTER tXXJ. AN ACT to amend an act in relation to the Charter of 'Brooksville. Section 1. Be it ciwctcd by the Legislature of th*i State of Mississippi, That an election be held in the town of Brookvcllc, on the last Saturday in December, 1861, or at any time thereafter, Provi- ded, that ten days notice be given of the] samo by any citizen of the said town. Sec. 2. Be it further enacted, That the sum of six dollars be substituted for that of three dollars where it occurs in section five. Sec. 3. Be it further cnaatcd. That all acts or parts of acts, inconsistent with the provisions of this act. bo and the same are hereby repealed, and tliat this act take efi'cct and be in force from and after its passage. Approved, November 29, 1861. CHAPTER XXXn. . AN ACT to amend an su.t to incorporate the Vernal Male and ITciaaio Acadsmy, in Grceue Counf/. sn.-] lor other pur- posoB, ap'^xj^ed Febraary :% 1830. i(> LAWS OF SllflSISSIPPI. State of 3Iississippi, That said act be so amended that the election of the Trustees shall be annual instead of tri-annual. as by eaid act provided. Sec. 2. Be it further enacted, That said trustees shall be empowered and authorized to hold pro- perty, real, mixed and perpoual, to an amount not exceeding fifty thousand dollars. Sec. v. Be it further enacted, That all acts and parts of acts conflicting with this act be and the same are hereby repealed, and that this act shall take effect and be in force from and after its pas- sage. Approved iS^ovember"21>, 1861. CHAPTER XXXIII. AN ACT to reduce the Salary of the Probate Judge and the per diem of the Members of the Board of Police of Hancock Count}'. wSectiox 1. Be it cnaclcd by tM Legislature of the State of Misir^isipioi-, That the salary of the Probate Judge of Haficock County shall be one hundred dollars per annum, instead of two hundred dollars as now provided by law. Sec. 2. Be it. farthfr enacted, That each Mem- ber of the Board of Police shall receive one dollar and fifty cents per day for each day occupied in the discharge of his duties. Sec. 3. Be it further enacted, That this act take effect aud be in force from and after- the first day of January, 186i. Approved November "23. 1861. CHAFTEB. XXXIV. RESOLUTION for the promotion of not only oar political uut na-teris.! prosperity at:i ^r;-33p«nclen«'. "Wheeeas, i'ii.a well-directed system of mixed husbajidry consists the trae elements of our mate- LAWS OF MISSISSIPPI. 77 rial prosperity and independence ; and whereas, this end cannot be attained by the s^ystcm of ex- clusivene??; heretofore ])racticed by the planting of cotton ; and whereas, it is necessary lo changethc habits of our people in-order to inaujiurate a" more judicious, economical and trenerally sustaining- sys- tem : and whereas, a largo surplus oi' co'tton on hand at the raising of the blockade \V4)uld result in ruinously Ioav prices for years, and our prosper- ity materially abridge by neglect of the cereals and of stock : and whereas, wo are now feeling and will "continue to feel the paralyzing eiTects of studied neglect of mixed luisbandry heretofore, and too much cugrossmeiit in the production of cotton : Therefore, \ 1st. Be it resolved hj the Legislature of the State o/' 3Iississi2^2^i, That our planters and farmers be requested to plant not exceeding one-fourth of the usual or a^■erage amount of cotton during tlie continuance of the blockade, and to form county association- promotive of this cud, pledging theiV word of honor nr)t to exceed the amount to be planted, embraced in this section. • 2d. Resolved, That oui' planters and farmers arc hereb}- exhorted to largely increase the amount and breadth of land to grain and the grasses, to give increased attention to the raising of stock and the growing of fruits generally. 'h'd. Resolved, That the Legislatuse of our sis- ter cotton Stntes are hereby most respectfully in- vited to join us in oiu' recommendations, and urge the same u|X)n their people. 4th. Resolved, Thot wo earnestly hope the bouthern Plant€rr>' Convention, which meets in Memphis, Teunecsee, on the 16th day of December inst., will al?.o join us in our recommendation? and that a copy oT these resolutions and preamble be forwarded to itB President by the President of the Sti^te Agricultural Bureau. Approved, December ?.. ISftJ . LAWS OF Mi- ^ilSSTPPI. CHAPTER, XXXA^ RESOLUTION in relation to the Edwards Guards, and McManns Hifies. Resolved, hy the Legislature of the State of Mississijypi. That the Chief of Ordnance be and be is hereby authorized to furnish to the Edwards Guards and McManus Rifles, cartridge boxes, cap boxes and belts, equal to tlic number of the non- commissioned officers and privates in each of said companies, and that jthe captains of said compan- ies be required to enter into bond in double the value of said accoutrements, payable to the State of Mississippi, with good and sufficient security, to be approved by the Chief of Ordnance, condi- tioned for the return of said accoutrements when eaid companies shall be disbanded. Approved November 27, 1861. CHAPTER XXXVI. RESOLUTIOK gi-anting W. U. Clark leave of absence for sixty days- Resolved, hy the Legislature of the State of Mis- sissippi, That leave of absence for sixty days be hereby granted to W. H. Clark, Probate Judge of Rankin county. Approved November 29, 1861 . CHAPTER XXXVn. - AN ACT to authorize Eailroad Companieu m this State to issue notes to be circTiIated as money, Sectiox: 1, Be. t' ^naciei hy fhs Lcgv^^cLtnreof tM on them by this act, and shall be subject to be proceeded against in the courts of eom])etrnt jurisdiction, for a forfeitui-e ol' the eharterp<^i privileges by this act granted. Srx'. H. /)' ' , . Th.at the notes , issued l)y any of sai?/ f/iv Ligislature of the State of Mississippi, That the Board of Trus- tees to aid in establishing a ))ublishing house, to print books, &c., for the bcnelit of the blind, be and they arc hereby empowered, without forfeiting any of their righis, privileges or franchises, to locate said contcm])latcd publishing Iiouse in such place within the Conlederate States, an they deem most projjor. Sec. 2. Be it fnrthfr eiuKial. Tliat this act take cflfect from and after its passage. Approved Xoveniber 23. 1861. 1-13 82 LAWS OF MISSISSIPPI. i CHAPTER XXXIX. AN ACT to amend the common school laws of Yalobu- sha county. Section l . Be it enacted h/ the Leijislaiare of ifw State of Mississippi, Tliat hereafter tlie sheriff and treasurer of Ya,lobiislia county be, and tbcy or either of them are hereby r(i(|uired to pay ovei* to the school commissioners of the respective townships of said county, (except township twen- ty-two, of ranne 5 east) al! such monies and effects belonging to the common school fund of said county, as may come into, or be in their posses- sion : said payments tp be made on the first Mon- days of January, of each and CA'cry year.*^^ S?vC. 2. Be it further enacted, That this act shall take gffect and be in force from and after its pas- / sage. Approved December H. l.S(>1. CHAPTER XL. AN ACT in relation to Slaves. Section 1 . Be it enacted by the Legislature of the State of Blississiiypi, That no master or employer of any slave or slaves shall keep or suffer any such slave or slaves to be quartered, or fo reside at any distance greater than one mile from the residence of the master or employer, without an overseer or some white male iiei'son liaving charge of such slave or slaves ('apabh'or performing jiatrol duty , and any person who shall offend against the pro- visions of tliis act shall Ire guilty of A misdemeanor, and may be indicted therefor ; and on conviction lehall be lined in a sum of not less than two hun- dred dollars, noi- exceeding one thousand dollars; and that m mucli of ai-ticle ^1), of section 8, ot chapter 33 of the Revised Code as conflicts with his act be and the sayie is hereby repealed. Approved, November 29, 1861. LAWS OP MISSISSIPPI. 83 CB AFTER XLI. AN ACT to provide for the safe keeping of the records and files of the late Superior Court of Chancery of the State of Mississippi. Section 1 . Be it enacfed by the Legislature of the Statr of Mississippi, That room number eight, op the basement story of the Capitol, be appropriated to the use of the clerk of the High Court of Er- rors and Appeals, for the safe keeping of the records, books, files and papers, appertaining to the late Superior Court of Chancery of the State of Mississippi. Sec. 2. Be it further enacted. That this act take effect from its passage. Approved November 22, 1861. CHAPTER XLTI. AN ACT to legalize the levy of taxes by the Roard of Po- lice of Jackson county, and for other purposes. Sec. 1 . Be it enacted by the Legislature of the State ^' Mississippi, That the levy of taxes made by the Board of Police of Jackson county, made on the first Monday of October last, be and the same is hereby legalized and declared to be as valid and legal as though said levy had been made on the eecond Monday of said moiith. Sec, 2. B< it further enacted, That the said Board of Police of Jackson county be and they are hereby authorized to make the levy tf County taxes, .-md all other taxes which they now have the power by law to lew, at their regular meeting on the first Monday of October of each year, in- stead of on the second Monday of taid month. Sec. 3. B: it further eraded. That this act t:.ke effect from and after its passage. Approved November 23, 1861. U '^4 LAWS OF MISSISSIPPI. CHAPTER XLIIL AN ACT to repeal an act entitled an act to incorporato the proprietors of the town of Montfromery, in Holmes Co., and for other purposes ; approved the 24th day of Feb- ruary, 1836. Sec. 1. lie it enacted by the Legislature of the State of Mississippi, That the above recited act entitled an act to incorporate tlie proprietors of the town of Montgomery, in tlie county of Holmes, and for other purposes. l)e and the same is hereby re])caled. Sec. 2. Be it finiher enacted, That this act shall take effect and be in force from and after its passage. Approved November 23, 1861. CHAPTER XLIV. AN ACT to repeal so much of chapter 6, section 10, arti- cle 112, of Revised Code, as makes persons ineligible to the oflB.ee of sheriff, who shall have held the office of sheriff for the two preceding terms. Sec. 1. Be it enocfed In/ the Legislature of the State of 3fississipi)i, That so nuich of cha]itcr 6, section 10, article 112, of Revised Code, as makes jicrsons ineligible to the oOice of sli(n-ifl', who shall have held, the said ofi&cc of sheriff for the two preceding years, be and the same is hereby repealed. Sec. 2. Be tt further enacted. That this act tal-:e effect and be in force from and after its passage. Approved November 28rd. 1861. CHAPTER XF.A'. AX ACT to reduce the salary ot the Probate Judge of Pike county. Sec. 1. Beit enacted, by the Legiskdure of the State of ^Mississippi . That the salary of the Pro- TAWS OP MISSISSIPPI. 85 l)ate Judge in and for the county of Pike, shall be four hundred dollars, instead of seven hundred and fifty dollars, as now provided by law. Sec. 2. Be it further oin^tpd. That this act take eifect and l)e in force from and after the cx])irati'.);i of the term of office of the pro^f^nt incuniluMit ol" said office. Approved November 2Br(l. 18GI. CHAPTER XhW. AN ACT supplemental to an act entitled an act to auiho- rizc the Governor of the State of Mississippi to accept volunteers for immediate service in support of the Con- federate troops at Columbus, Kentucky, or elsewhere they may be needed. Sec. 1. Be it enacted hy tlic Legiskifnre of the State of Mis.sigiippi, That the above entitled act 1)0 and the same shall also embrace such couipanies as have been mustered into the service of the Con- federate States, and are now in camp within' the limits of this State, without arms, so far as to au- thorize the Governor to arm said troops, &c. Sec. 2. Be it fni/ier enacted, That this act shall take effect from and after its ])assagc. Approved November 21, 1861, CHAPTER XLAMl. AN' AC'\' '...- ihe relief of J. Duncan D-^ic ..'' II. —n..^ county, in this State. Se( Tiox 1. B<' it rnacted by the Legi-sloiare e exempt from working the roads one day for every day's service on^aid Juries. Sec. 8. Be it further enacted, That the mem- bers of the Board of Polke of Lauderdale county v^ shall receive the trura of two dollars per diem oach, for every day t!iey are etigaged in the actual discharge of the duties of their office, and nothing more. LAWS OP MISSISSIPPI, 87 Sec.' 4. He it further enacted, That tlici per diem of regular petit jurors shall be ouo dollar ui petii and fifty cents, instead of two dollars, a? now luror*?, jtrovidcd by law for the county of Lauderdale. Sec. 5. Be It J'nrihd- nwxiaJ, That all laws and parts of laws contrary to th(*. jirovisions of tliis act 1)0 and the same ni-c horeby suspended during' the present war, and that tliis act lake eflecl and be in force from and after its passae^e. A])i)rovofl. De(Hmiber '.\. 18G1. (niAT'TER ].. AN AOT to authorize persons claiming and occupying certain land under thoi Trustees of .Tnllftrson College, and held by the '^t-'te ff9 internal imj ' i .nd, to enter the same. Sec. 1. Be -it enacted lit/ the Legislature of the State of Missisidppi, Tiiat all persons who arc in the possession of land in this State, claiming the same by virtue of .location thereon of Jefferson College floats, as they are commonly called, where such laud has been located for this State as inter- nal improvement, and confirmed as such by the proper officer of the United States, shall and they are hereby authorized for twelve months from the passage of this act. to enter the same in the office of the secretary of State, of this State, in prefer- ence to any one else, at the price now required to be paid for said internal imiu'ovemenl land. Sec. 2. Be it further enacted, That this act shall apply only to such laud as was located under a Jefferson College float, prior to the donation, or grant thereof, by the United States to this State, as internal improvement land. Sec. 3. Be it fartlicrcnaded, That this act shall take effect and be in force from and after its pas- sage. Approved December ;■>. 18G1. Xi-J« 88 LAWS OF MISSISSIPPr. CHAPTER LI. AN ACT to revive article iL', clmpter 8, of the Revised Code, so far as it relates to Jasjicr County, and for other purposes. , Sec. 1. Be it enacted by fJic Legislature of the State of Mississippi, Tliat the act entitled "an act to regulate the fees of certain officers in Jas- per county," approved January 22, 18G1, be and tlie same is hereby repealed. Sec. 2. Be it further enacted. That article 12, of chapter 8, of the Revised Code of Mississippi, be-and the same is hereby revived and declared to be in force, so far as the same relates to the county of Jasper, and that all acts in conflict therewith, so far as said article relates to Ja,sper coimty, are hereby repealed. Sec. ;]. Be it fartlver enacted, That this act take effect from and after its passage. Approved December 3, 1861. CHAPTER LH. AN ACT for the relief of Isham Dansby, of Newton Connty. WiieREAS, Isham Dansby, of the County of Newton, having purchased of the Swamp Laud Commissioners of said county, scrip amounting to two hundred and eighty acres; this amount being an over-issue, as appears from the confirmation of swamp hinds located in saier 3. 1861. CIIArTHI^ LVll AN ACT to reduce the &ilary of Ihc i'robatr Jiuij^^eo! Tippali County. Section 1 . Be it enacted by the Lcf^s/ature of the State of Missis.^ippi . That tJie salary of tite Pro- l)ate Judge of Tip])ah County glial! liefour hundred dollars per annum, in!-l(:>..l 'd six hundred, as now allowed by law. Sec. 2. Be it further enacted. That this act take effect and be in force from and after the 1st day of January, 18G3. Approved. December 'i. 1861. CHAPTER LVIir. AN ACT to reduce the Salary of the Probate Judge of Jones County, and for other purpcscs. Section 1, Be it enacted hi/ the Legislature of the State of Mississippi, That after the expiration of the present term of office of tlie Judge of Pro bate of Jones County, the salary of the Judge of Probate in said counly of Jones shall be one hun- dred dollars per annum, instead of one hundred and fifty dollars, as is now provided by law. Sec. 2. Be it further cno'icd, That the members of the Board of Police of Jones County, hereafter elected, shall receive in lieu of the compensation now allowed by law, the sum of two dollars each, per day, and no moro. L-IS il2 TAWB OF MISSISSIPPI. Sec. 3. Be it further enacted, That the luspec^ tors and Clerks of elections ];ereafter to beholden in Jones County shall not receive any compensa- tion for their services, except tliat each one of them shall be exempt from workinj^ on the public road one day for each day he may liave served as said Inspector or Clerk of elections. Sec 4. Beit further enacted, That this act take effect from its passage, and continue in force du- ring the existence of the present war between the United States and the Confederate States, and • for twelve months after the conclusion of peace. Approved, December 5, 1861. CHAPTER LIX. AN ACT to reduce the Salary Oi the Probate Judge of Amite County. Section 1. Be it enacted by the Legislature of the State of 3Iississippi, That the salary of tl.e Prohate Judge of Amite County shall be eight hun- dred dollars instead of one thousand dollars as now provided by law. Sec. 2. Be it further enacted, That this act shall take effect and be in force from and after its pas- sage. Approved, December 5, I8i:>l. CHAPTER LX. AN ACT for the purpose of reducing the Salaries ot certain officers in the County of Perry, Section 1. Be it enacted hy the Legislature of the State of Mississipj^i, That the salary of the Probate Judge of the County of Perry be fixed at the amount of one hundred dollars per annum. Sec. 2. ^e it further enacted. That the Members of the Board of Police of Perry County shall be LAWS Oh MissisHiPp;. 9H entitled to receive the sum of two dollars per day for every day they shall actually serve. Sec. :>. Be i' further fimrlfih That ihis act shall take effect and be in force from and after its pas- sao'c. , Approv(^d. I^ecenihor •"), ISdl (UlAPTER LXI. AN ACT to reduce the salary of the Probate Judgo of Kemper county and for other purposes. Section 1. Be it viKntcilhij the. Leo^isuitinr of the State o/'iMiwi.anies nuiy be entitled, with two good securities conditioned for the faithful appli- cation of the money so received, and to accouni to the Governor for the samo : said Captains on aji- plyiug for the money hereby ajiinoju-iated, shall prf^-^ept In f]if^ niivci'iior ■) corliniMl lief f)f flio 104 LAWS OF MISSISSIPPI. names of the persons then belougmg to their com- mands, and tliis act shall he in forc^ from its passage. Approved, December 20, 1861. CHAPTER LXXVII. AN ACT for the relief of L. C. Davis, of DeSoto County. Whereas, It appears by the certificate of the sheriff and tax collector of DeSoto county, that L. C. Davis was erroneously assessed with thirteen slaves, for the year 1860, amounting to fourteen dollars and sixty-three cents ($14 63) and said Davis having paid the full amount of such errone- ous assessment, whereby the State received the same twice : Now, therefore, ' . Sec. 1. Be it enacted hy tJie Legislature of the State of Ilississippi, That the auditor of public accounts be and he is hereby authorized and re- quired, to issue his warrant on the treasury in favor of L. C. Davis, for the sum of fourteen dol- lars and sixty-three cents, to be paid out of any money in the treasury not otherwise appropriated ; and that this act take effect and be in force from and after its passage. Approved December 5, 1861. CHAPTER LXXVni. AN ACT for the benefit of the Lunatic Asylum. Sec. 1. Be it enacted hy the Legislature of the State of 3Iississipj)i, That the auditor of public ^ accounts is herel)y instructed to issue his warrants on the treasurer in fnxov of the trustees of the Ijunatic Asylum, for tlie sum of thirty-two thou- sand dollars, to be paid in quarterly instalments in advance, out of any money not otherwise appro- priated, according to the recommendation of the joint standing committee on the Lunatic Asylum : LAWS 0K*MISSIS8IPPT. 105 Provided, That this amount shall include the an- nual appropriation, liitherto made by law. Sec. 2. Be if furiher cruicfcd/Vhat this act take effect from ami after its passage. Approved Poromlier 20, 18G1. CHAPTER LXXTX. AN ACT to amend an act entitled an act to define the pow- ers of the County Police of Covinj;;ton and Pike Counties, in relation to the Three per Cent Fund, approved Febru- ar}'' lo, 1846, and for other purposes. Section 1. Be it enacted hy the Legislature of the State of Mississip2:)i, That section first of the above recited act be so amended as to make it the duty of the County Treasurer -to loan said moneys out at interest, at ten per cent per annum ; and said Treasurer is lierel)y required, immediately after the passage of this act, and at the maturity oT the outstanding notes, to take new notes from any person or persons, having said moneys in their hands according to the above provisions, and on refusal of any such persons to renew said notes, then the said Treasurer is hereby required to sue forthwith for the principal and interest, and five per centum damages thereon, in any court having competent jurisdiction of the same. Sec. 2. Be it further eiiacttd. That the Iburtli section of the above recited act, be so amended that the full compensation for the services of the Treasurer shall not exceed eight per cent on the interest arising from the principal sum. Sec. 3. Be it further enacted^ Tliat the provisions of this act shall apply only to tlio County of Cov- ington. Sec. 4. Be it further enacted, That the provi- sions of any act iu conflict with this act are hereby repealed, otherwise to be in full force and effect, and thatthis^nrt take effect from and after its pas- sage. Approved. Dcconihcr I", I8G1. 106 LAWS OF MISSISSIPPI. CHAPTER LXXX. AN ACT to extend the time for the coUectiou of the Taxes of the current fiscal venr. ./ Section 1. />V U <^na..clvd ity t/i-: Lcgivialarc i./ the State of Mississippi, That the timo for the col- h'ction of the State and County taxes for the fiscal ^ year, commencing on the first day of May last, be and tlie same is hereby extended as follows, to-wit : Immediately after the hrst day of June next, the Tax Collectors shall proceed to collect the said taxes by distress and sale of personal proj^erty, and t^ advertise the lands of all persons who shall not have previously paid their taxes, for sale on the first Monday of July following. The tax deeds to purchasers shall Tje filed witli the Probate Clerk on or before the second Mon'.ay of the said month of July, and the collectors sh j at the same time fde with said clerk the list of the lands sold to the State or to individuals, and shall at the same time present to the Board of Police of his county the report of insolvent and delinquent tax- payers, and the said Board of Police shall meet on that day to receive and act upon tlie same, and a list of the allowances mfide shall be certified by the clerk, and transmitted to the A'uditor on or before the twentieth day of the said month of July. The collectors shall only be allowed an additional compensation of five per cent on taxes collected after the said first day of June, auH they shall pay over all taxes collected, to the State or County Treasurer within thii-ty days after the said first diiy of July, or be subject to all the penalties by law, for not paying over such taxes within thirty days, after the first day of June, and all the laws regula- ting the collection of taxes shall apply to the col- lection of i^aid taxes, except so far as the same are altered by this act.- and that this act shall take eftecl from its passage. Approved, December 20, 1861. LAWS OF ^rIssISSIPPI. ttf7 CHAPTER LXXXI. AN ACT for the relief ol W. T. Huggins. Section 1. Be *it enacted, hy the Legislature of the Sf ate of Mississippi, That the Auditor of Public Accounts be and he is hcreb}' authorized and required to issue his duplicate warrant on the trea- sury of tlie State in favor W. T. Hug2:ins, Asses- sor of Taxes for the County of Chickasaw, for the amount of his commissions for assessing the State tax for tlie year 1860, amounting to the sum of five hundred and seventy-four ^ixty-scven one- hundred ths dollars. Sec. 2. And he it further enacted, That this act take efiect and bo in force from and nftor its passage. Approved, Deccaibcr 19, 1861. CHAPTER LXXXII. AN ACT for the relief of the minor ,heirs of W. D. Clifton, deceased. Section 1. Be it enacted bij the Legislature of the State of Mississippi, That 'A. B. Bullard, of the .County of Itawamba, Guardian of the minor heirs of W. D. Clifton, deceased, be and he is hei;eby authorized to sue for and collect from year to year one half the interest due upon money of his said wards, loaned at interest under the order of the Probate Court, or so much thereof as may be suffi- cient for the proper support, maintenance and ed- ucation of his said wards, notwithstanding the provisions of an act to modify the collection laws of this State, approved August otb, 1861. Sec. 2. Be it further enacted. That this act take *5ffect and bfe in force from and after its passage, ;-o long as the act to inodify ihe Cvollection laws of this State, Approved August 5th, 1861, remain:; io X^ypTC|■^r^^,^Tlf^^'■^•r^^^■^■'■•■■]^ 1S61. 108 LAWS OF MISSISSIPPI. CHAPTER LXXXIII. AN ACT to reduce the pay of Officers holding Elections. Section 1. Be it enacted hy ^hi Legislnlitre of the State of Mississvpjii, That liereaftei-, in all elec- tions by the people, the polls shall be opened at nine, A. M. and closed at 4 o'clock, P. AI., of the same day ; that only two clerks and two inspectors shall be appointed for any one precinct, and that in aU cases touching the qualification and rights of voters where the two inspectors cannot agree, the returning officer shall give the casting vote; that all clerks and inspectors appointed to superintend and conduct said elections shall be entitled to re- ceive for such services the sum of one dollar per day for one day only, and that all returning officers shall receive "the sum of one dollar per day for one day only, unless two days or more have actu- ally been employed in said service by such return- ing officer, in which case he shall receive the sum of two dollars and no more. Sec. 2. Be At further-enacted, That this act shall take effect and be in force from and after its pas- sage. Approved, December 10, 1861. CHAPTER LXXXIV. AN ACT for the Benefit of the Mobile and Ohio Railroad Corapany. Section 1. Be it enacted by the Legislature of the State of Mississippi, That the Auditor of Public Accounts is hereby instructed to issue his warrant in favor of the Mobile and Ohio Railroad Com- pany, in the sum of sixteen thousand ninety-eight dollars and seventy cents, to be paid out of any money in the Treasury not otherwise appropriated ; this amount being due said Railroad Company for the transportat.'on c State t;-.. Legislature of tin: State o, Mississippi, That the assessment rolls of the county of Winston, ns returned by the as- sessor on the 21st day of October, 1861, shall be taken and recei^'.^d as though the same Imd bo<;ii returned and tiled in the police court of paid coun- ty, on or before the first day of October, 18t>l, and that the compensation allowed by law to the said assessor, shall not bo affected by the failure to return said rollp as aforesaid. . Sec. 3. Be it fvrtlicr rnarfed. That this aci shall take ef5oct and ho in Ibroo from and after its pas- sage. Approved, December 19, 1861. CHAPTER XCI. AN ACT to amend the road laws within the limits of Washington county. Sec. 1. Be it enacted by the Legislature of the State of Mississipjn, That in the county of Wash- inirton, the number of commissioners which are re- quired by law to lay out and mark roads, shall V)e reduced from seven to three, and that the sheriff of said county is hereby authorized to administer the oath required to be administered by law to said commissioner?. Sec. 2. Be it farther enaeied, That the road taxes wliich are collected east of rauj?c six in said county, running- through toAvnships fourteen, fif- teen, sixteen, seventeen, eighteen and nineteen, shall \)Q applied to the construction>of roads £\nd bridges east of that range. Sec. 3 Be it further enacted, That this act take effect from its passage. Approved December 19, 1861. L-IV 114 LAWS OP MISSISSIPPI. CHAPTER XCIl. AN ACT U) reduce the price of swamp and overfiowe'l lands in the county of Jsickson. Sec. L Be U enacted hy the Leglslainr^ of tlie State of Mississippi, Tliat from and after the first day of Jamiary, 1862, tlio minimum price poraorc of the swamp and overflowed land ia Jaelcson '.'ounty, shall be ten cenls. Sec. 2. Be it Jurther enacted. That all law< now in force with regard to sales of swamp and overflowed land in Jackson county, coining in con- flict with this act. be ynd the same are hereby re- pealed. Approved December 19^ ISfil, CHAPTER XCIIT. AK A(!IT ic> finconragi^ the mjinufaoture nf Ieatht:!r''in t\w State. Seo. 1. Be it enacted hy tin: Legiakiture of. the State of Mississippi, That it shall be lawful for any person or company now owning, or wishing to establish a tanyard in this State for the manufac- turo of leather, to procure and use for that pur- pose the bark of oak trees growing upon the waste and una.ppropriatcd lauds of this State. Sec. 2. Be it further cna/:tecL That this act take effect from its passage, and continue in force for twelve months after the establishment of peace between the United Staffs and iho Confederate States. Approved December i *.», 1 s(« I . CHAPTER XCIV. AK act to legalize the assessment roll of Hinds connty, for the year 1861. Whereas, The Probate clerk of Binds county has retui-^ed the assessment roll for the year 1861 r ■ ^vs OP MISSISSIPPI. 115 as haviuf^ been tii'-'i on the Stli day of October, A. D. 18G1, instead of the 7th day of October, as th(* law requires. Tlicreforo, Section 1. Be it enacted. Uf the Legislature of the State of MU'siss'ippi, That the assessment roll oi Hinds county, returned by the probate clerk as haviuj:^ been tiled on the 8th day of October, A.D. 1861, sliall have tlie same force and eflfect, and be as valid in law, as if tlie said assessment roll had been filed on the day required by law. Sec. 2. Be if further enacted, That this act take effect and be in force from and after its passai^e. Approved December 19, l*ni. CHAPTER XCY. AN ACT foi tiif; rcliof of W. P. Baldwin, of Tippah County. Seciion 1. 7A it 'Utadcd hi/ the Ijegislatarc of the State of Misf^^is.'i^ijypi, That the auditor of public accounts be and he is hereby instructed to issue his warrant on the treasury, in favor of W. B. Bald- Avin, of Ti|ipah county, for the sum of eleven dol- lars and seventy-five cents, to be paid out of any money in the treasury not otherwise appropriated. Sec. 2. Be if further enacted, That W. A. Boyd is hereby authorized to draw the amount of monc} and receipt for the same. Sec. 3. Be it further enacted, I'hat this act take effect and be in force from and after its pay- sage. Approved December 19. 1861. CHAPTER XCVI. '. ^" ""T to increase the, pay of the Sheriff of Warren Coaaty. Sec. 1. Be it enacted by the LegHHaturc of the State cf Mississippi, That the Bheriif of Warren L— 20 U6 LAWS 01'' MlBiSrSSIPPI. county, hereal'iei- l>e allowed the t, 1861. CHAPTOR X€VII. A.N ACT ID relation to tbn School B'undof Greone County. Sec. 1. Be it enacted by the Lep:idcdjire qf tht Sto/e of lliLiissipjn. That it shall ]>e the duty of the commi?'-i oners of the school fund of t^aid county, to joan out the said frmd, taking notes, with two good securities, Ijearing interest at the rate of ten per cent, per annum, and that said commissioners shall use a.nd appropriate the inter- est only accruing on said fund. Sec. 2. Be it further macted. That all acts and parts of acts conflicting with this act, be and the same are hereby repealed, and that this act shall take effect and be in force from and after its passage. Approved, December 19, 1861. CHAPTER XCVin. AN ACT in relation to the Schoel Fund of Jackson Cou^nty. Section I . Be it enacted IvjtJie Legislature of the State of Mississippi. That the board of school commissioners of Jackson county, be and the same is hereby abolished, and that the duties now re- quired by law, to be performed by said board of Rchool commissioner's, shall be performed by the boft?a ef polios ef sTaok^utL cii^tititf * «t thaiy f«fu* LAWS OF MISSISSIPPI, 117 Sec. 2. Be it further emtcted, That this act take eflfect and be in force from and after its pas- sage. Approved December 1^> 'l'^'>1. CHAPTER XCIX. AN ACT to invest the Probate Court of Hinds Coiintv. with jnrisdiction in the matter of the last will and tcs- lameiit of Josso W. Morrison. WnEREA?. Sarah R. Morrison, widow of the late Jesse W. Morrison, and Allen J. ^lorrison, who has been appointed executor of the last will and testament of Jes^c W. Morrison, deceased, by the Probate court of Copiah county, and James B. Fairchild, father of the said Sarah R. Morrison, have presented their petition to the leg-islature. praying that the Probate court of Hinds county may be invested with the power to settle up said estate wliich lict- principally in said county of Hinds, the neorro cabins, and a larjje portion of the real estate lying in said county of Hind^. but the residue lying a short tlistance over the line, in ihe county of Copiali : Therefore, Secttox 1 . Be it awcted by t^c Lcgislatmr. of the State rjf Mis^^'issippi, That the ProV»ate court of Hinds county, be and hereby is invested with full power and authority to* take charge of the last will and testament of Jesse W. Morrison, and' have as full and complete autliority to settle up the estate of aaid Morrison, partly lying in Hind.- county, aud partly in Copiah county, in the same manner as if the said Morrison V- last residence had l»een in said county of Hinds. Sr.r. 2. Be it furthfir enacted, That the Probate ""lerk of Copiah county, be and he is hereby autho rized and rP(i[uired to transfer the original will. t.*jgether with the certificate of the Probat/^ clerk of its probate, and aU the original papers pcrtain- itg ti* -^hf la.^t •will and 'octamcut of Jesse W. ri--'-.iti , t^tdtUcr '^n*Jt \\l tlio oi*d«r8 vsaA^. Va' 1.18 LAWS OP MlSSJSSrPPI. clerk of the county of Hinds, whose duty it is hereby made to receive the same, and file the same in the Probate conrt of Hinds county, and the said , Probate court, of Hinds is authorized to proceed ^vith the settlement of said estate, in the same mode and manner as if the said Morrison had have died in the county of Hinds, and had his last residence in said county. Sec. 2. Be it fartlver enae^cd, That this act shall take effect and be in force fi ni and aft^r its pas- sage. Approved, December \Vi. 1851, 0HAPTE11.C. AM ACT to declaie Boguo Phalaiah, and Us branches, in the counties of Bolivar and Washington, navigal^lc ?5t reams'. r:'-EC. 1. Jk il rnactal h}j iJic Lcgislaiurc of the 'State of Mif^sissippi, That Bogue Phalaiah and its braucltcs. from their several sources, on and near th<' Mississipjii river, in the county of Boli- var, to its mouth on Sunflower river, in the county of Wasiiington, be and the same are hereby, de- clared to bo navigable streams. Sep. '1. Be it further enacted^ That i\.\\y person or persons, Avho sh{>ll obstruct the said streams, or any of them, Ity felling trees in or across the same, damming them, or otjiicrwisc, shall forfeit and pay the sum of one hundred dollars, for each and every offence, to be recovered, in tiie name of the State of Mississippi, in any court of competent jurisdic- tion : and moreover, such person or persons so rjffending shall,, upon the requirement of any Jus- tice of the peace of the county within which the offence was committed, remove such obstruction •it'ithin five days after notice of the requisition, •and upon failure so. to do, said justice shall cause the obstruction to be removed at the expense of the offending party, or parties, and such expense may be sued for and recovered iu the name of the State, in any court having jurisdiction Approved December 11, 186L CHAPTER CI. AN ACT to aniemi an act entitleil fin act \o increase the fee for apprehending runaway slaves in the coun- ties of Tunica, Coahoma, Bolivar. Washington and Ts- saqiiens. Section' 1 , JJc it tiuu-ivd bij /he J.tifislalurc of tht State of Mississippi, That ai' act entitled an act to increase the fee for apprehending- runawa}' slaves,' in the count ies of Tunica, £!oalioma, Boli- var, Washington uud Lsaquenn, approved Feb- ruary 10, 18G0, 1)0 so amended as to allow the jterson apprehending- a. slave, in addition to the sum' already allowed by said act, ten cents per mile and all ferriages, for traveling in conveying sairl slave fo hi? ownei-. Sec. 2. L'c it j'vriher (.luului. 'That this act shall take effect and bo in full force fi-om and aftrr its passage. Approved December 11.-] ^^(^I . CHAPTER CH. AN ACT for the relief of William II. Browning. Whereas. William H. Browning dicl, on the Tth day of January, A. D. 1850, purchase from the auditor of public accounts, the f^dlowing lands, situate in the county of Issaquena, to-wit : The north-west quarter and west half of north- east quarter, section nineteen, township thirteen, range seven, west, at and for the sum of sixty- eight dollars and forty cents, and received a deed from .said auditor, in which tho State of ilississip- pi covenanted to refund to said Browning, the said sum of money in case ?aid J^rowning was evicted by some regular proceeding, in a court of compe- tent jurisdiction, v.ithin five years from the datv^ of said df:ed ; and whereas, tho said Browning has heen so evicted: Therefore. L—22 120 i.Awa OP MmsiHijipm. •.'I '^ ,Sec. i. Be it Ciiati(;d hy Via' Legidaiurt of the State of Mississippi, That the auditor of public accouni:^, be and he is hereb)- directed to issue to said William H . Browning, or liis attorney, a war- i-ant on the treasury for the said sum of sixty-eight dollars and forty cents ; and that this act take ef- fect and be m force from and after its passage. A.pproTed December 11, 1 -T»l. ■ OHAPTER Cni. AN ACT to authorize the Board of Police of Bolivar County to remunerale the Clerk of saifl Board, for extra oflSce services. Sec. 1. Beit enacted by the Legislature of the State of Mississippi, That the board of police of Bolivar county, be authorized to pay to the clerk of said board, such fees for extra services performed by said clerk, as said board may deem right and proper ; and that this act take effect and bo in force from and after its passage. Sec. 2, Be it further enacted, That the provi- sions of this act shall extend to the county of Is- saquena. Approved December 11, 1861. ' CHAPTER CIV. AN ACT for the relief of W. D. Baldwin,' of Sunflower County, and the Probate Clerks of Lauderdale^and Jas- per Counties. )oard of ])olice"to hold a meeting on the first Mon- hiy in November, 1S61, \V. D. Baldwin, clerk of Whereas, By reason of the omission of the hot the Probate court of said county, will be prevent- ed from transmitting a copy of the corrected as- sessment roll of said county to the auditor of public accounts, by tlie first Monday in December, 1861, as required by article 26, ckapter 3, of the lievised Code. Therefore, LA.VVS OF MISSISSIPPI. , 1.21 Sec. 1. Be it enacted by the Legislate/re of the State of 3fissisdppi, Tliiit W. D. Baldwin, clerk of the Probate court of Sunflower county, and the Probate clerks of Lauderdale and Jasper counties, be allowed until the 20th day of December, 1861, to file with the auditor of public accounts, copies of the assessment rolls of said coimties for the present year, and that they be released from the forfeiture to which they might othe; a ise be liable, provided they present to the auditor said copies of the assessment rolls on or before the said 20th day of December, 1861. Approved December 11, 18()1. CHAPTER C\. AN ACT to reduce the price of Swamp and Overflowed Lands, in the County of Jones. Section 1. Be it enacted hij the Leglslaiurc of the State of Mississijjpi, That from and after the first day of January, 1862, the minimum price per acre of the swamp and overflowed laud in Jones county, shall be twenty-five cents : Provided, this act shall not be so construed as to apply to any lands about which there is noAV a contest. Sbg. 2. Be it further enaded, That all laws now in force with regard to sales of swamp and overflowed lands in Jones county, coming in con- flict with this act, be and the .^ame are hereby re- pealed. Approved December 11. 1 8(^ I . CHAPTER CVI. AN ACT to legalize tfcc assousment roll oi Xntilviha Coun ty, for the year 1861. WiiEi^EAS, The assessor of taxes for the county of Neshoba, failed to file his assessment rolls for the year 1861, in the Police court of said county, at tlie time required bv law. to-wit. on or before U-23 1211 L>WS OF Mig^lS^«>.PL the first Monday in October, 1861, but filed th# same therein, on the 2lRt day Sf October, 1861 : and whereas, the said assessment has been approv- ed and certified by the police court at the t\ir\o and in the. manner required by law. Therefore, ^ Sec. 1. Be M enacted by the Legislature of the State of Mississi2:)iji^ That the assessment rolls of the comity of Neshoba, aa returned by the assessor, on the 21st day of October, 1861. shall be taken and received as though the same had been retumed and filed in the police coitrt of said county, on or before the 1st day of October, 1801. and tliat the compensation authorized by law to the said asses- sor, shall not be affected hf the failure to return said roll, as aforesaid. Sec. 2. Be it further enacted^ That this act shall take effect and be in force from and after its passage. Approved December 11, 1861, CHAPTER CVlI. AN ACT to appropriate one thousand dollars to repair and improve the Goverrior's Mansion. Section \: Be it enacted ht/ the Lcgislai iire of the State of Mississip'pi, That the sum of one thousand dollars be and the same is " hereby ap- propriated to the repair and improvement of the Governor's mansion, and other buildings and fencing on tlie same lot of ground, to be expended under the direction, supervision and control of his Excellencv, the Governor of the State. Sec. 2." Be it further enacted, That the Gov- ernor be and he is , hereby authorized to pay for said repairs and improvements out of the said sum of one thousand dollars, by • certifying over his name to the correctness of any account for work or material contracted for l.iy him ; and upon such account being filed with the auditor, so certified, the' auditor shall draw his warrant on the treasm-y for the amount of such account, until the appro- printif^ri i- ox]n:'''-C'l. '■ ... LAWS i)V Afff;>ii>>^ii'r 1. r2H Sec. o. Be it J'urini- '..cuLiti... Tlmi thL-s act shall take effect nnd be ia force from and after its passage. Approved December 11.1861. CllAlTKK r\niJ. AN- ACT tj prerent llie soiling o! iiUoxioaling liquors in less quantities than ton gallons, in the Town of Vcron:i. • SectiO'N' I . ^jV // cnacled by Ihv Lco-ishifinr of' the State of Missifsipin. That it sliall "not be lawful for ' any person to sell any vinous, spirituous, or intoxicatinjx liquor in any quantity less than ten gallons, within the incorporate limits of the town of Yerona. in Itawamba and Pontotoc counties, except for medicinal and >^acramontal purposes, in the manner \\\\f\ u]V)n the conditions now ])rovided bylaw. Sec. 2. B( it farther enacted, That any person for violating- the provisions of the first section of this act sliatl be subject to all the pains and pen- alties now imposed by laAv for selling vinous, spirituous and intoxicating liquors, in less quantity than one gallon, without license, from the board of police of the county being first obtained. Sec. 3. Be it farther enacted^ 'j'hat tliis act shall take effect and be in force from juid after its pas-., sage. * Approved December 12. 1861. CHAPTER CIX. .\N ACT requiring the Boards oi Police oC the .several counties to examine the oflBcial action of the commission era of swamp and ovcrllowod lands, and for other pur,- poses. Skc. 1. Be it enacted hy ike Legislature cf the State of Mississippi, That- it shall be the duty of the JDoards of police in the several counties in this State, to institute and make a thorough exam- lii— 24 124 t,,iW5l OF M!.«i?st8RlPPt; iuoiioij oi' the official aciion of ihc (.oiiimissioners of swamp and overflowed landn in their respec live counties ; they shall examine the accounts and vouchei'B of said commissioners ; the manner in wliicli they sold the s\ramp land scrip, and as- certain ^\ hether it was sold according to law, and whetiicr the commissioners were*the purchasers of any j.art of it : they shall also inquire into the location of said scrip, and ascertain what amount of land was entered by said commissioners, or b^ other persons wholly or partially for their benefit : ihej shall also inquire into and ascertain what dis- position was made of the money arising from the sale of said scrip : what amount of it has been paid out. to whom, and for what purpose, and whether it was paid out according to law. The result of said examination shall be entered in de- tail upon the records of the police court, and shall be open to the inspection of the people ; and to •■nable the said boards of police to make such ex- amination, it shall be the duty of the Seci'etary of State, and all other public officers, to furnish any information in their possession when required ; and the said boards shall also be invested with power to employ counsel at the expense of the , county, to be refunded to the county out of any money hereafter belonging to the swamp land fund, to assist them in such examination. Sec. 2. Be if further nnacted. That if upon such Counsel examination, the said boards of police shall iiud Dloved^"^" that the bond given by any person or persons upon entering upon the office of commissioner of swamp and overflowed lands as aforesaid, has been violat- ed, it shall be their duty to employ counsel, as in the preceding section of this act, to bring suit upon such bond, in any court having jurisdiction of the same. And if upon such examination, the o" Frauds g^id boards shall find that frauds were committed in the sale of any part of said scrip, or in the en- try of any part of said swamp and overflowed lands, it shall be their dutj^ to employ counsel as aforesaid, to bring and prosecute suits, to set aside and cancel all titles to lands thus obtained by fraudulent means, in any court of law or equity having competent jurisdiction : said suits shall be hk"^ OF vissiRsirF^i. 12/» prosecuted in the name of iho board of police of the proper county; and all lands that may haVe been fraudulently entered in the name or names of the same person or person-^, may be included in a single suit; and in all oasci? where the possession and ownei'?hip of any such lands sliall have passed out of the origiinal patentee, suit shall be brought against ihe person found in possession, and all under whom he holds ; and it shall be competent for the court in all cases where justice requires such a judgment, to awnrd the land in controversy to an innocent purcliaser for a valuable considera tiou, and to enter dectee (>r. judgment against the person fraudulently enterinji' it, for the money paid by the ih-st innocent purchaser. Sec. ;i. Re it further titaded, 'J'iiat a majority guorani of any boai-d oi" police shall he competent to dis- ^o ilo bu- charge the duties required by this act. and if any siness. board shall fail or refuse to perform said duties in good faith, each ajid evciy member so failing' oi- refusint;', shall forfeit and pay the sum of five hun- dred dollars, to be recovered in the Circuit Couj't of the county, on information given by any per- son : one half of said amount to be paid~ to the informer, and the other half t't tlie treasurer of the common scliool fiu;d. Sec. 4. lie It farther tnacted, That the provi- .<*ions of an act entitled an act to modify the collec- tion laws of this State, ap})roved August 5th, 18(11. shall not extend to any suits in law or equity, tliat may arise under the jirovisions of this act. Sec. 5. Be. it further enact eJ, That .this act shall not api^lv to any of the swamu, and overflowed lands donated to the c >mmissioncrs of the Homo chitto river, by an act of the legislature of this State, approved ^farcli 'M'(L 1; <.>■<< t/u/t ,,ft/u State of Mississip]jl, That the Auditor of Pablir Account? is iiereby directed to issue his warrani on the Treasury, payable out of any money nor Otherwise appropriated, lo Thomas S. Parkel', of Clarke county tor the sum of twenty-five dollars, it-beitig, the reward paid by said Parker "an Sheriff". 'tfec, for the apprehension of one Riley, who ib now coniined irlthe Penetentiary, and '^vho 'broke jail after- his conviction : and that this acjt fake (Effect from its passage. ' ..,..•■ t .. ,,,...■ Approved; • Decdmijei' 16. l'8'-> 1 : CHAPTER CXJX. AN ACI^ to reduce the taxes of Hancock o6»nty. and for other purposes. Section I. Be it enacted by the Legislature of Ifu State (f Mismsii^])x, That hereafter the inspectors, Clerks aod returning ofiicei-i? of election of Han- cock county shall not receive anything, for such Kervicesasnow provi Sec. 2. l?e it further enacted, That the petit and grand jurors summoned for the term to the Circuit Courts of Hancock county, shall receive one dollar nnd fifty cents per diem, instead of two dollars. Sec. '6. Ik it further enacted. That this act take effect and be in force from andaftcr its passagie. , Approved December 16, 1861. LAWS 01 MISSTSSIPPI. 181 CHAPTER CXX AN ACT to provide lor the defraviug the Fuiu-taI i^-xpenses of the late Col. I). K. Burt. Action I. Ik it vnaclcdby iHe Legislature of ike SloU ofMiasisnipp'u'VXi^i the Sum of one hundred' and ciirhly-six dollni-:^ and forty coiits \)(\ and iho H;\me is hereby approprialod oul ot any money in ihe Treasury uot utlii-rwii-oaj^propriated to defray ihoftuicral ox|jen>e-< uf the !atc Col. E. R. Burt, and the Auditm (irprihlie Aoi-ouuts "ue and he is hereby rcquerted t<> diaw hi> warrant on T'h'O Treasury IV>r said iiMnuidi in fnvor <•'" H. N. liarroNVf.. Sec. L Br it J'nrlhi r nuir/nl. That thi^ act take ♦ 'ffect and be in force from and after its |»ay>^a'_'"f. •A pprrtvcd . Dccenil km- 1 1> . 1 8 < • I . ('HAI'TER CXXl. AN ACT to amend an act entitled au act to regulate the laying out and workintj of roads, the establishment of fem'e^, and tho er'^'tion i>l liridprc?, approved the llth February 185'^ Skction 1. Jkif ''ni.i'frd /i;f (he [xecidru: fi of th(. Sfo.fe of .Vmissipiti, Tiiat the *Jlst article, section 1, of the loth chapter of the Revit'ed Code, be and the same is hereby so amended ne to require tlie -cveral Justices of the Peace, to whom a livSt of 'lefaultcrs referred to in .^aidjirticlemay be return- ed whenever the amount of the fines, or j^enalties, shall exceed tlie jurisdiction of a Justico of the Peace, to certify and return said list to the Dis- trict Attorney of his District. Avho .-.hall inptitutc suit thereon in the Circuit Court, \vhich suit shall l>e prosecuted in other respects according to the^ provision? of the act to which this ^^- n^- rtmend- ment. Set, 2. Beit fvrt her enacted, Tbai ihii act?liTill takf! effect, and be in force from and after its pa*- fage. Approved, December 10, 1801. # CHAPTER CXXIl, AN ACT for the relief ofW. H. Browninpand Thomas \V Deason. Whereas, VV. H. Brownin^^^ and Thoma:? ^V^ Deason did on the '28d day of January, A. D. 185ft purchase from tho Auditor of public Accounts the following lands,, situate in the county of Issaquena, to-wit,: the south west quarter and west half south east quarter, section eighteen, township thirteen, range seven west, at and for the sum of eighty-nine dollars and sixteen cents, and received a deed from said Auditor in which the State of Mississippi covenanted to refund to said Browning and Deason, the said sum of money in case they were evicted by some regular proceeding in a court of competent jurisdiction, within five years from the date of said deed ; and whereas, thes id Browning and Deason have been so evicted ; therefore. Section 1 . Be it enacted by the Legislature of the State of Mississipjn, That the Auditor of Public Accounts be, and he is hereby directed to issue to said Browning and Deason, or their Attorney a a warrant on the Treasury for said sum of eighty- nine dollars and sixteen cents, and that this act take eflfect, and be in force from and after its ^ passage. Approved, December 11, 1861. CHAPTER CXXni. AN ACT for the protection and defense of the Sea- Coast of the State of Mississippi. Section 1. Be it enacted Inj ike LegislcUnre of the State of Mississippi, That the sura of two hun- dred and fifty thousand dollars be and the stirae is hereby appropriated, out of any money or Treasu- ry notes heretofore authorized to be issued, not otherwise appropriated, to be used and expended for the purpose of building or procuring light draft Gun-BoatR, propelled by steam, and of mann- UWS or MIR8I«SIPPt, i8i ing, arming and equipping the same for the defense of the Sea-Cost of this State, iu such raannei>as « the Governor shall order and direct. Sec. 2. Bt it further cnadcd, That the said suiu of two hundred and fifty thousand dollars he, and the same is hereby placed under the control of the Governor of the State, who shall immediately pro- ceed to carry into full eflect the design and objects contemplated in tho first section of this act, and that said Governor shall have full powers, and it shall be his duty to have such steam gun boais built or procured, manned, armed and equipped and put in active service, on said Sea-Coast, in the shortest possible time ; and for that [>nrpose he shall have power to appoint and emph-ty such commissioners, as he shall deem proper ; and when so appointed, they shall at all times be under nnd subject to his orders and direction, and they or any of them, may be removed at his pleasure, and others appointed in their stead, as he may judge most advisable for promoting'the ends designed by this act. Sec. 3. Be if fu/t/ter endcfcc/, That this act r^hall take effect ami bo in force from and after its passage. Approved. December 10, IbOl. CHAPTER CXXIV. AN ACT to amend the law of evidence in criminal cases. Section. 1. Beit enacted by the Legislature c/f tfie State of Mississippi, That when two or more persons are joined in one indictment, the Court shall on application grant a severance and permit them to be tried separately, and each shall then be a competent witness for the ether, as well as for the State, and the Court and jury shall give such weight to the testimony of such witness, as in view of his or her situation, they may consider it fairly entitled to. Sec. 2. .find he it further enacted. That this act ^hall be in force from and after its jiassage. Approved. December 19. 1861. \y [ LAV.S OR MISSIS^:! ;^j, CHAPTER CXXT. AN ACT to prohibit the assessment and collection of taxes , on Bowie-knivos, Sword-canes and Dirk-knivcs. ... Section I. Be it enacted by th Legislature of V& State of il//s6/6vsipp?,l'hat' it shall not be lawful for any Sheriff or Tax-Collector . to collect from any tax payer the tax heretofore or hereafter, - assessed upou any bowie-knife, sword-cane, or dirk- knife, and that hereafter the owner of any bowib- knife, sword-cane or dirk-knife, shall npi be .re- quired to give in. to the tax assessors eitlicr of the aforesaid articles as taxable property, nny law to the coDtrary notwithstanding. . Sec. 2. Be it further enacted, That, this act be in force and take effect from anc) aftrr ire: pnssage. Approved, December 10.1861. ^HAPTEE CXXyi. AX ACT to iiiuond the laws in rt'latioi) t.o tlic Stiite University. Section 1. Be UenacUd by Ihc iA:gislaiure of Q^^^^^^^.fh^ State of Mississippi, That the Si ate Univer- tees. sity at Oxford shall hereafter be ujader the control and management of a Board of Tru^rtees thirteen in number, of wiiom the Governor of the S ate %r the time being shall be one, and shall be the Pre- sident of said Boai^d; in the absence of the Governor a President pro tein. shall be elected by the Trustees- from among their number present. The remaining, twelve: Trustees .-hall be chosen by a joint conven- tion of the two Houses- of the Legislature during' its present session. ' ...... . . . -■ ■ Sec.. 2. Be it fwiher^ enacted, That the said Trtistees when elected shall be notified by -the Tenure of Governor to assemble at the University at an office of early dav, to be fixed upon by him, and when so trustees, assembled they shnll proceed to dcvide the twelve Trustees so elected by lot, into three equal classes .and thememVjcr? of the first class shall hold their LATTS OF MISSISSIPPI, 13iS office for the term of t.-wo yeavo irom the clay ol their election, those of the second class four years and those of the third class six years, and four Trustees shall bo chosen' by the Legislature in joint convention at every regular ses'* places of the class who.-c term is about to expire. • Sec. 3. Be if. further enacted. That varancios iu said Boai'd. iiappening in the reces3 of the 0. vacan- • Lcp;islatnro by nou-atceptalice. death, resignation, ^'<''^' - removal from the Stat6or otherwise, t'hall be filled • by the remaining Trnsteii', by election to continue 'until the end \jf the next regular session of the Legislature, the vacancy or vacancies shall be . tilled h-y the Le*;islaturc in t}ie mode above direc- ted, at \)aq session succeeding the same.' '. ' ' ' • Seq^ 4. Be it furfhcr aHtdted. That the Jioani of Trustees 'Created in pursuance of tliisi act; shall 1't>wers oi posses? all the powers vested in- the present Board ^"^^^^^^• of Trustees of said University, and it shall be their duty to present to the Legislature at tht- commencement of cacli regular session a full report of the operation and eonditioh of the University and a detailed statement, of all ex|)enditures of ■ money on account thereof, and nlso to recommend such measures as they nifty think necessary for the interest, improvement and efficiency thereof kSEC. 5. Be it further unaclccJ, That nil laws in conflict vritli the provisions herein contained are •hereby I'epealed, and tliaf, this act phall take effeci from its passage. ' Ay^in-ovc'd. f)«>(»<>n,lM. J>\ an iMdinnnce, passed by llic Uou- veiition of the Slate of Miss-issippi, dated the 2(Uh day of Jnnuary, 1>^(»|, rntitled an ordinance snp "plcmental to an ordinance entitled an ordinance concerning the jurisdiction and property of the UnifrfT ^fntf'^ of A-morir-ir in the Pfnte of "Missis- 1H6 r.AWB OF MJfcSIBSlLPPr. sippi, passed on the day of January, 1861, authorized and required the Registers and Receiv- ers of the several Land Offices in this State to perform all the duties of said offices as therein directed ; therefore Section 1. Be it enacted by the Legislature of the State of Mississippi, That the Receiver of the above named land office, be, and he is hereby authorized to pay the salaries and commissions now due or which may hereafter become duo the Register and Receiver of said office out of any money in the hands or possession of the said Receiver at the date of the ordinance of, secession of said State. Sec. 2. Be it further enacted, That this act take effect and be in force from and after its passage. Approved, December 4, 1861 . CHAPTER CXXVIIl. AN ACT to provide for the payment of Iho Confederate States Tax. Governor SECTION 1. Be it enacted by the Legislature of authoriz'd fhe State of Mississippi, That the Governor of to borrow ^}jq State be and he is hereby authorized to borrow money. ^^ ^-^^q credit of the State, a sum sufficient to pay the taxes assessed, or now in process of assessment, against the citizens of this State, under and by virtue of an act of the Congress of the Confederate States, entitled, an act to authorize the issue of Treasury notes, and to provide a war tax for their redemption, approved August 19th, 1861, and to apply the same to the payment of the said taxes, as provided in the twenty forth section of the said act ; the Governor is authorized to borrow tho said sum in any funds receivable by the Confeder- ate States in payment of said taxes. Certifl- Sec 2. Be it further enacted, That the Trea- cates of surer, under the direction of the Governor, is here- stock, by authorized to cause to be prepared certificates of stock, or bonds, none of them to be of a lesp LAWg OF MISSISSIPPI. 1'61 denomination than fifty dollars, for the amount to be borrowed as aforesaid, to be signed by the Treasurer and Auditor of Public Accounts, bear ing interest at eight per cent, per annum, payable semi-annually, at the State Treasury and the ju'in cipal to be paid at such time as the Governor may deem expedient, and the faith of the State of Mis- sissippi is hereby pledged for the due payment of the principal and interest of the said certificates and bonds. Sec. 3. Br. it further vnactcd, That the said Bonds ne- certificates and bonds shall be negotiable under ^otiable. such regulations as the Treasurer, with the appro- bation of the Governor, may establish, and they shall, after their maturity, be receivable in payment ofany money due to the State,and any officer receiving any of them in payment of public dues shall endorse thereon the date of such receipt, and the amount of interest then due and sign his name thereto, and the interest shall cease from that date. Sec. 4. Be it further enacted, That the Auditor and Treasurer shall keep separate and full accounts Accounts of the number, date, and amount of the certificates, ^^^ ^^^pt. and bonds, by them respectively signed, and they shall keep similar accounts of all the said certificates and bonds redeemed, as the same shall be returnse, with a declaration that such ])erson is or in- lends to become from that time a permanent citi- zen of said corporation, subscribed by him ; which bhall be done at least four months before the elec. LAWS OP MISSISSIPPI. 13SJ tion ; but. this proviso fehall not apply to those who have been, and now arc re-iident citizens of the corporation, as to the next annual election in March next, i , ' ,,■ . . Sec. 2. Be it farther enacted, Tliat tlie lOlh nd 13th sections of said charter, and the 5th sec- tion of the act of 1S60, chapter 394, amendatory thereof,, be, and are hereby altered andjimended as follows: That the Mayor shall hereafter be enti- Fees of lied to such fees, and charges for official ccts as are Mayor allowed to Justices of the Peace by the laws of the *"*i ^^*''" State for like services, and no more ; and that the Mar.'^hal shall be entitled to such fees and charges as are allowed for such acts and like services to (Constables by the laws of this State, and no more; Itiit the Marshal shall receive for his services as assessor and collector, a further sum not to exceed in any one year two and a half per centum upon the amount of tlie assessment, for his services in nssessing, and two and a half per cent, upon the amount of taxes actually collected, for his services in' collecting the same ; and in addition to those fees, the Mayor and Marshal shall each receive a salary per annum not exceeding the sum of one hundred dollars ; and the corporation shall not be respon- sible for any fees, costs or cliargcs, of the Mayoi- nr Marshal in any suit, prosecution or proceeding at the instance or on behalf of the corporation, which shall be dismissed, or decided against the cor- poration, or which shall in any other way fail, or when the money due the corporation shall" fail to be made ; nor for any other charges, fees or costs against the corporation in behalf of the Mayor or Marshal. Sec. 8. Be U fvrthcv enacted, That the Uth ^ section of said charter be and the same is hereby i4th™s«;- amended so that the Mayor and Selectmen shall tion. have no power to us6 or appropriate any of the money or funds of the corporation for any other purpose than to the proper and direct objectr. ,cf the act of incorparation. Sec. 4. Be it further enacted. That the 19th section of the charter be and th6 same is hereby Section 10 amctded as to avtVorize the rorporntion to l^tVi. »pccify what persocB shall be siit^oct to putioi duty 140 LAvra OP jussiswppi. within its corporate limits, and what persons shall be exempt therefrom, whether subject to patrol duty or not under. the general patrol law applica- ble to the Boards of Police. , Sec. 5. Be it further enacted, That the meet- offi ^^^^ ^^ ^^^^ Board shall be held in the room in the Court House used for the grand jury, and the Mayor shall hold liis Courts and sittings in the Court room of the Court House unless when the Circuit Court shall have the same in use, at which time he shall hold his sittings in the grand jury room, but so as not to interfere with the grand jury. Sec. 6. Be it further enacted, That the Mayor and Selectmen shall each be entitled to one dollar 8 T"^' ^°^ attending each session of the Board ; Provided, a ion. rpj^g^j, jjQi^jje^. ii^Q Mayor nor any Selectman shall be entitled to or receive more than six dollars per quarter for his quarterly compensation for attend- ing said meetings. Sec. 7. Be it further enacted. That there shall Taxes be collected only one eighth of one per cent, upon limited, the value, as now assessed, of the real and person- al property within said corporate limits subject to ' taxation under the first clause of section 19th of the said charter and the second section of the afore- said act of 1860 ; and that the collection of all un- paid taxes assessed for the current year be, and are hereby suspended until the first day of May next; and that hercaiter the rate of taxes to be levied and collected from the property specified (y referred to in this section shall not exceed the rate of one eighth of one per centum ad valorem thereof, and that all taxes of property shall be uniform upon its value ; and no tax shaH hereafter be laid upon any slave for labor on the streets, and that no specific tax upon any white person for such labor shall be laid to exceed two dollars for ant one year upon each such white person. Sec. 8. Beit further enacted. That the Mayor nnd Selectoen ehall have no power to have the proceedings and minutes of their Board published m aay feew8psi«(^ oi^ otherwisoj at tlio etpeUse of LAWB op UISilBBIPPI. 14 1 and prorisions of the original charter, and amend- ments thereto, and of the ordinances of said cor- poration inconsistent witli tho above premises be, and are hereby repealed. Sec. 10. Be it further macted. That this act shall be in force from and after its passage. Approved December 19, 1861. CHAPTER CXXX. AN ACT to legalize the Assessmont of Taxes for ths year 1861 . T^HEREAS, by the existing law, Assessors" of Tax- es are reqnired to deliver their assessment rolls to tlie Clerks of the Probate Courts of their respec- tive counties, on or before the first day of October, and whereaf, the Boards of Police are required to hold a meeting on the first Monday of 'November to examine and receive them, and to cause them, when approved, to be certified; and whereas, the Assessor and Boards of Police in many counties have failed to comply with said requisitions within the time limited by law, tliereforo, Section 1. Be if enacted bj/ the Legislafvre of the State of Missisftipjv, That the Assessor of Taxes. Boards of Police and Clerks of Boards of Police shall be allowed to certify and return their assess- ment rolls to the Auditor of Public Accounts at any- time before the first day of February, 1862, and that the assessment of taxes made and certified in pursuance of this act shall be deemed and held as valid and binding as if they had been made and certified according to the provisions of law here- tofore existing ; and upon filing their rolls so cer- tified, the Auditor ehaU issue his warrant to ?aid Assessors for the amount of their fees. Sec. 2. P* it further enacted, ' That the provi- sions of tl^is act sliall only extend and apply to the assessniciiT of taxes for the year 18»il, and that this act sh^ll lake \ force from and after itft pt^Ba^e. 142 LAWS OF MrSSISSIPPI. CHAPTER CXXXI. . AN ACT to provide for Indexing the Papers in the Probate OflBcesof Lauderdale and Warren Countips and for other purposeH. SKOTiON I. Be it eno/:ted by the Legislature of the. State of Mississippi. That the Board of Police of Lauderdale county be authorized to make an appropriation to tlie Clerk of the Probate Court of said county, for the purpose of baying an index book or books as may be necessary for indexing the papers in said Probate Office. Sec. 2. Be it further enacted. That the Clerk of said Probate Court may proceed, under order of ^aid Board of Police, to index and file the papers in said office, in proper form ; and from time to time, hereafter, whenever necessary, such clerk shall continue to perform such services ; and that flie Board of Police of said county may make an appropriation to said clerk for services thus ren- dered, in filing and indexing said paficrs : Provided, .said Board shall have pcnver to order said work to be done or not. as in their discretion seem best. Extended Sec, ?>. Be it furthf^r enacted. Thnt the provi- to War- ^ioj^j, pf ^}jjg a(3t be and the same are liereby extended to the County oP Warren. Sec. 4. Be it further enacted. That this act take effect and be in full force from and after its pas- sage. Approved. December 19. 1801. CHAPTER CXXXII. AN ACT to abolish the Military Board of this State. - SECtiOK L Be it eimcttd hy the Legislature of tht State of Mississippi, That so mucn of an or- dinance adopted by the State Convention on Janu- ary the 23d, 1S61, that constitutes a Military Board, defines its . powers, and alleys pay to the ren Coun I,AWS VF MISSISSIPPI. 14;- inembers of said board, be and the same is hereby repealled. ,"^EC. 2. lie it fvrtler enaded. That this aol lake olVect and be in force from and after its jpassaue. Approved. Deeembor 20. I8<)1. . wWnVM GXXXIll. AN A<")' Ki re;j;ulatc llju payment of •■Ttniu Money into ibo State Treasun . Sectiox 1, he it enac.led by ,'he Lfgialature of the State oJ\Missis^ijji>i. That when any taxes shall be paid to the Aiidib>r in pursuance of the thirty- second article of the third chapt'>r of the Revised <-'ode, «.?DtitIed '■ An act in relation to the public reveuue," it shall be the duty of the Auditor, forthwith, to pay tlic same into tbc State Trcasui'v, issuing his recci]>i warrant in the manner required by law, and he shall ietuo to the lax collector?, at the time they make their settlements, a warrant ou the treasury for the amount, of county taxes collected by him, which shall bo drawn by the collector, or retained out of the money in his hands and to the State, and shall be pai^) by Tiim to tho Troasurer"of the proper county. Sec. 2. Be it fi/rt/ier enactecl That it ?^hall nol ^y . l->e lawful for the Auditor of Pifblic AccounK^, j^^^^. ^*^]^_ i^ecretary of .State, or Treas'-rer, to cash any ed. warrants on the treasury, or any other claim oi" demand ag-ain.-t the .*^tate. out (»:" any money in hi'^ or their liauds belongin,^' to the ■State, but all hucIi money shall be regularly ])aid into the treasury, in the manner prescribed bylaw; and ton v.^rrants regularly, , issue<1, or otherwise as the law may dire4'.t, i^izc. :3. Be it further t'nnricd. That the Auditor of Public Accounts, ^^ecretarv.,! State, ai.d Trea- r"'f>' '" •surer, reeeivnjg any jnoney whioli by law ought, to i^eil l>e paid into the Miitf. Treasui*-. .--.liall within oin- day, Sunday, excepted, after t!ie receipt of sueli. money, pay the same iut^» the State Treasury in 144 Laws of Missrsafppi. pursuance of law, and shall not deposit the sanio with any other person or in any manner, use, em- ploy or loan the same without exp:re3s authority of law. Sec. -J. Be it further enacted, That any person ^^ Penalty ^gi^g Auditor of Public Accounts, Secretary of tjon. *' State, or Treasurer, who shall violate any of the provisions of this act shall be liable to indictment, and on conviction, shall be fined not exceediug five thousand dollars, nor imprisoned in the Peniten- tiary not exceeding five years, or both, and shall bo removed from office : and that any person who shall commit any of the oflfeuces defined in the eighty-fifth article of the sixty-fom-th chapter of the Revised Code, entitled "An act to provide for the pmiishment of crimes and misdemeanors," shall in addition to the punishment prescribed by said article, be removed from office. Sec. 5. Beit furtJier enacted, That this act shall take effect in ten days from and after ats passage. Approved, December 19, 1861. CHAPTER CXXXIV. AN ACT to prevent unreasonable speculation in certain commodities. Section 1. Be it enacted by the Legisktiure of the State of Mississippi, That if any person or persons shall buy, or shall combine or agree to buy, any stock, victuals, or any other commodity, in view of an existing scarcity of such artilce or commodity in the market, or with intent to produce such scarcity, or with intent to hold the same until such scarcity shall occur; so that by reason of such scarcity, a liigher price may he obtained for such article or commodity, the person or -persons so offending shall be liable to indictment, and on conviction, may be punished by fine not exceeding one thousand dollars, or by imprisonment in the county jail not exceeding one year,, or by both such fine and imprisonment ; and by the word ma-rr ket, in this act, is meant not only places i7her« LAWS OF Missrssippr. ' 145 live stock, victuals, or coinmodities. are brought together for sa^e, but auy place in town or coun- try, where such things are |)ro(hiced, or sold, or "wanted . Approved, December 2(\ isiil. CHAPTER CXXXA^ AN ACT to aid in arming and cquipi)ini» the Cavalry Com- pany o! Capt. J. T. Mcliee Section 1 . H<' it enacted by the. Legislature of the Stc'fo of M' ^yii)pi. That the Governor of the State be aid he is hereljy authorized to cause to be issued to (?ai)t. John T. McBoc the sum of five thousand dollars, of the Treasui-y Notes authorized to br issued in the purchase of Arms and equip- ments of volunteers, authorized to be issued by the Convention, or any other nioueys iu the ti-easury not otherwise appropriated, Provided, that Capt. J. T. McBee shall give his bond to the Governor in the sum of twenty-five hundred dollars, condi- tioned fo the faithful appropi'iation of the funds to the purpose contemplated by this act ; And pro- vided oho, that the said ]\[cBee shall be authorised to apply for ard receive the same, that he and his compf ly oi c valry shall be nnistered into the military sc -vice of the State or the Confederate States for at least tAvelvc months. Sec. 2. Be it further enacted, That the Auditor is hereby authorized and required to issue his war- rant on the treasury in favor of said Capt. J. T. McBee, for the Eiid smn of money, taking his re- ceipt for the same, and the said J. T. McBee is herel)y reijuired to report to the Quarter Master General the nrnner in which said sum of money is expended, and shall return tlie arms purchased therewith to the State af ^lississippi upon the expiration of his term of service. Sec. 3. Be it further marfcd, That this act shall be in force and take effect from and after its pas- sage. Approved, December 19, 1861. L— 19 J4$ LAWS OP MISSISSIPPI. CHAFIER CXXXTI. AN ACT to suspend the collection of all taxes for the year 1862, upon lands heretofore purchased, or which may hereafter be purchased by the Levee Commissioners, or by the Treasurers of any special Levee Fund, in the Counties of Tunica, Coahoma, Bolivar, Washington, Is- saquena, Tallahatchie, DeSoto, Sunflower, Panola, and Yazoo. Sec. '■ . Be it enacted by the Legislature of the State of Mississijypi, That the collection of all State and County taxes which have heretofore been assessed, or which may hereafter be assessed upon any lands purchased by the levee commissioners, or by the special levee treasurer, in the counties of Tunica, Coahoma, Bolivar, Washington, Issa- quena, Sunflower, Yazoo, Panola, Tallahatchie, and DeSoto, be and the same is hereliy suspended until the meeting of the next regular session of the legislature, unless said lauds are redeemed or purchased from said levee commissioners, or from said levee treasurer. Sec. 2. Be it further tuacted. That nothing in this act shall be construed so as to release said lands from tax, but the same shall l>e charged up, and property accounted for, with interest, by said levee commissioners. Sec. 3. Be it further enacted, That the tax due and payable the present fiscal year only, l)e suspended by this act. Sec. 4. Be it further enacted, That this act shall take effect and be in force from its passage. Approved December 20, 1861. LAWS OP MISSISSIPPI. 147 CHAPTER CXXXVl]. AN ACT to incorporate the Bank of Jackson, and other Banks. Section 1. Be it enacted hj/ (he Legislature of the State of Mi-isissipjn, That a Bank sliall be established in the city of Jackson, and county of Hinds, the capital stock of which shall not exceed Capital the sum of one million (if dollars, to be divided $i,0OO,- into shares of one hundred dollars each : and for 000. the ijurf)0se of receiving subscriptions for said stock, Itooks shall be opened in said city, by five Co in mis commissioners, to be appointed by the board of sioners, police of said county, under whose superintendence, ^°^ ^P* or a majority of them, subscriptions to the capital P°^° ^ ' stock ma}' lie made and received in the manner hereinafter prescribed, and said connnissioners may appoint other persons to act as commissioners at other localities in the State, whose report of subscription lists shall be made to the said original commissionei's, and be subject to their approval. Sec. 2. Be it further enacted. That each sub- <, . .. scriber shall, for the amount of his, her or their gj.g ^^ ^;^^ subscription to said capital stock, be required to n o t* c execute and deliver his, her or their note, with two withsure- or more good and sufficient sureties, which said ties, sureties shall go before the judge of probate of the proi)er county, and each make oath before said judge, that he is worth, over and above all debts, claims, or liabilities against him, the amount of the said note upon which he is surety as aforesaid, and if both of said sureties on said note shall be , approved as such by said judge of probate, such -^^^^''^^t judge shall endorse on the affidavit made by said by Pro- sui'eties his approval, and shall file said affidavit, bate J'dge so endorsed, in the ])robate clerk's office of his county, in the form following, to-wit : $ I (or Ave) promise to pay to commissioners, or bearer, for and on account of the capital stock of the Bank of Jackson, the sum of , without interest, the same being amount of (my or our) subscription thereto. (Signed) &c. The said commissioners shall also 148 LAWS OF MISSISSIPPI. require the subscriber or subscribers to execute and deliver to them an instrument of conveyance in the form following, to-wit : I (or we) do hereby grant, bargain, sell and de- liver to commissioners of the Bank of Jackson, bales of good merchantable cotton, now in (my or our) possession at in tlie county of in the State of Mississi])pi, aver- Form of ^©i^'^S' ^^o^ l^ss tlian four hundred pounds per bale, affidavit, and which at twenty-five dollars per bale, will produce the sum of dollars, being the amount of (my or our) subscription note of this date, to the capital stock of the Bank of Jackson. And it is understood and agi-eed, tliat if upon a sale of said cotton there shall remain a surplus of the nett proceeds thereof, over and above the payment of (my or our) said subscription note, then such sur- plus shall be subject to (my or our) order in the hands of the factor selling said cotton, or be placed to (my or our) credit on the books of said bank at (my or ours) option ; it being further agreed that (I or we) shall have the privilege of designat- ing the factor or factors who shall make said sale. Given under (ni}^ or our) hand and seal this the day of , 186 . [seal.) At the same time it shall be the duty of said com- missioners to require the subscriber to make his, her or their affidavit before any of said commis- sioners (who are hereljy authorized to administer ' the same) or before some other person authorized Cotton by law to administer oaths, that he, she or they free from hold in his, her or their own absolute right and all liabili- possession, not bound by any judgment, lien, or ^®^' subject to any mortgage or deed of trust, the num- ber of bales of cotton named in the instrument of transfer offered to commissioners, and that said bales of cotton, number and marks described, are of the weights and quality therein specified ; which affidavit, in writing, shall be filed, and sup= ported by the testimony of at least one other cred- ible witness. If party proposing to subscribe, shall not be present, then the said note and the instrument of transfer may be duly authenticated, according to law, as in other cases of written documents, and l.AWS OF MISSISSIPPI. 149 in all thingfs the said applicant or applicauts for Parties stock in said bank, shall comply with the roquisi- a|^>sen t tions of tliis section, to the entire satisfaction of ™J^ said commissioners, or tliey shall not accept his, her or their proposed snhscription. Sec, 3. Be it further enacted, That so soon as one thousand shares, amounting to one hundred thousand dollars, of tlie capital stock of said ])ank, shall be su])scribed for and secured, as hereinbefore P ublic directed, public notice thereof shall be given, by notice to publication in some newspaper in said city and l)y ^e given posting at one or more public places, and a meet- *iooooO ing of the subscribers sliall tlioreby be called, to jg subscrib be held at least ton days after said notices are ed. issued. If at this meeting those or their agents who have a majority of votes according to the Seven rates hereinafter described be present, (if not ano- Directors ther meeting shall be called,) they shall ])roceed to *o ^ «- the election of seven directors who shall take ^^^^^^' charge of the books, notes, instruments of transfer, and other ])apers in the hands of the commission- ers, and innncd lately pursue the usual means to put this bank in operation, and proceed to the perform- ance of their duties under this charter. The said Term of directors shall remain in office for one year, unless oflRce. otherwise determined by the stockholders in gene- ral meeting, or until their successors are aj^pointed, and shall choose one of their own number to be President of this Bank. Sec. 4. Be it further enacted, That when the conditions hereinbefore prescribed shall have been fulfilled, the said subscribers to the capital stock of said bank, their successors and assigns shall be and arc herebv created a body politic in law and Charter to in fact, by the nauic and style of the ^' Bank of J^"^^^"^^® Jackson,'' and shall so continue until the firs.t day yg^rs^ ^ of January, eighteen hundred and eighty-one, and by the name and style aforesaid : they shall be capable in law to have, 'purchase, possess and enjoy for themselves and their successors, lands, tene- ments, rents, goods, chattels and effects, and the same to grant, devise, alien and dispose of, to sue and be sued, plead and be impleded, answer and be answered, defend and be defended, in courts of geai to be record, or in any place whatsoever ; and also to used. 150 LAWS OF MISSISSIPPI. make and use a common seal, which they may al- ter at discretion ; and also to ordain, establish and put ill execution such by-laws, ordinances and re- gulations as shall be necessary and convenient for the government of said corporation; and generally to do and perform all acts, matters and things which a corporation and body politic, in law, may or can lawfully do, consistent witli tlie purposes of its creation, and subject at all times to tlie rules, regulations, restrictions, checks and safeguards hereinafter prescribed and declared. Sec. 5. Be it further enacted, That the follow- ing rules, regulations and provisions, shall form \V h e n the fundamental articles of the constitution of this ^®®J^'°Sof corporation: A meeting of the stockliolders can- Lc^^^nrfr^^f Hot bc licUl, uulcss thosc who have a majority of ers cannot , t -, ^ o , i , • he held. ^"6 whole numljcr oi votes be present m person, and every act shall require a majority of the votes present ; every stockholder owning one share and not more than two, shall 1)C entitled to one vote ; for every two shares above two and not exceeding ten, one vote ; for every three sh.ares above ten ami not exceeding thirty, one vote ; for every four sliares above thirty and not exceeding sixty, one aKo. Af yQiQ . f-Qp cvei-y Ave shares above sixty and not quired to exceeding one hundred, one vote, and for every one vote. ^^^^ shares above one hundred, one vote. After the first irieeting, no share or shares shall confer a right to vote unless holden for three months prior When iQ iii^Q (lay of voting. A general meeting of the mee^in-^of stockholders shall "be held at least once in each stockhold- year, and at first meeting, the time for next annual ers shall meeting shall be ap})ointed, and thereafter, at each be held, annual meeting, the day for the next general meet- ing in tlie succeeding year shall be designated. Tlie stockholders in general meeting shall iix and determine the salary of the President of the bank, Salary of ^^^ they shall fix the salaries of the cashier, and the Presi- of such other subordinate officers as the board of dent and directors may deem necessary to perform the busi- cashier j^^ss of the bank ; which cashier and other officers by whom ^^^^ directors shall elect, and may remove at plea- sure. The cashier and other officers appointed by the directors shall give bonds, with two or more sureties each, in such suras as the directors may LAWS OF MISSISSIPPI. ISl name, with conditions of good behavior and the honest and faithful performance of duty. A num- ber of stockholders, not less than ten, who to.ecthcr Notice «f shall be owners of live hundred shares or upwards, meetings, shall have power at any time to call a general meeting of the stockholders concerning tlie aifairs of the institution, by giving at least twenty days' notice in two newspapers specifying object of the meeting. The stock of said bank may be 0*1, assigned and transferred according to the regula- transfetv tions and by laws for that ]iurpose, except in the able, case of stockholders" indebtedness to the Imnk, as hereinafter provided against. Sec. G. Be it further enacted, That when the said connnissioners shall have accepted the subscription note and instrument of transfer as hereinbefore directed, then in eacli case the absolute legal title to the cotton specified in such instrument of trans- When fer, shall vest immediately in said connnissioners, title to for the use and benefit of the capital stock of said y^gted^^ bank ; and by the act of delivery by said com- ^ank. missioners, of said papers, therewith connected, to the directors as provided for in the third section of this act, the right and title to said cotton shall vest absolutely in this bank, to the same extent and with all the legal effects, in every particular, as though said stock-note and instrument of transfer had been so executed and delivered in the first in- Cotton at stance. The subscriber and stockholder shall in r i s k f each case be bound to. keep and preserve the said subscriber cotton at his or her own risk, or at the joint risk of themselves, if more than one person unite in the same subscription. It shall be the duty of the said commissioners, before the organization of the bank, and afterwards of the managers of the same, to for- ward to the Probate Clerks of the several counties wherein any of said cotton may be situated, stored and kept, a list containing the names of subscribers, the number of bales of cotton, and the marks thereof, and where located in the county of each clerk respectively, and thereupon the Probate Clerk shall copy the same upon his public records, Lists to b© when such recorded list shall be deemed to give s e n 1 1« such notice of the transfer of said cotton to said Probate bank, that any person purchasing the same from ^^^^^^^ the subscriber having it in his or her possesgion '■®<'<'^'^*<* 152 LAWS OF MISSISSIPPI. shall obtain no title thereto ; and said bank shall be authorized to pursue and recover by law, the said cotton, or the price and value therr of. from any party who may have obtained, or in any man- ner, without the consent of the directors of the bank, have received the said cotton or any part thereof, from a subscriber, so having the same in possession. The said subscriber having any of said cotton in his or her charge and keeping, shall iSubscri- Protect the same from injury or loss while in his or ber re- her possession, and shall be responsible in damages sponsible to full extent of its value at price named in said for dam- instrument of transfer, and all expenses, if said ^®^' cotton or any part thereof, shall be injured or de- stroyed by exposure to weather or by fire, or by any other accident or cause while in his or her possession and care. If the said subscriber or subscribers, shall sell, dispose of, or remove, or conceal said cotton or any part thereof, or shall wrongly send, direct or ship liy improper bill of lading, when ordered by the bank to send forward said cotton, or shall knowingly permit the same, or any part thereof, to be taken, removed, concealed, Penalty missent or miscarried, with the intent fraudulently ■for at- to avoid the proper sale thereof by the directors to Smove ^^ ^^^^ ^^^^^' ^^^^ ^^ deieixt or delay the prompt fraudu- pf^y^ent of his, her or their stock-nore in bank, at lently &c. such time as the directors thereof shall oi'der the same to be paid through the sale of said cotton by him, her or them, transferred as aforesaid, to the bank ; then, and in that case, the said subscriber, or subscribers, shall be deemed guilty of felony, and on conviction thereof, shall be fined not less than one thousand nor more than five thousand dollars, and be imprisoned in the Penitentiary of the State, at the discretion of the court, not ex- To re- ceeding three years. In the event that the said place cot- cotton (or any part thereof,) transferred as afore- at ^ ri ^^^^" ^^ destroyed by fire or other casualitiee, while by fire\ "^ ^^^® ^^^"^ ^'^^ keeping of any of said subscribers, as above provided, then, and in that case, the said subscriber shall have the privilege, and it shall be his or her duty and obligation to replace said cot- ton or the cash value thereof in money, so destroyed with other cotton of equal weights and quality, to LAWS OF MrSSISSIPPf. 15S vest in the bank, and be sold by it for the payment of tlie stock-note of such subscriber as hereinbefore provided. Sec. 7. Be it further enacted, Tliat all obliga- tions, engagements, liabilities and penalties, here- inbefore, or to be liereinaftcr rendered binding and „pQn°^*U| operative upon the said subscribers to the capital ^^ stock of this bank, shall be and the same are here- by declared to be, equally binding and o])erative upon the heirs, executors and administrators of said subscribers so far as tlie same can or may at- tach to, or take effect upon, said legal rcpresenta- tatives of such subscribers. Sec. 8. Be it further enacted, That alter the After the present blockade of the ports of the Confederate blockade, States shall have been raised and removed, the di- f?'*'°y *** rectors of said bank may, and shall give notice to said subscribers to send forward the said cottoa in their charge and keeping respectively, for the pur- pose of being sold for specie, to pay oil" and dis- charge said stock-notes. If any subscriber, or sub- scribers, shall fail to comply with such order of said directors, he, she or they shall pay to said bank, interest on his, her or their subscription note, by the way of damages, at the rate of twenty per cent. per annum, from and after the date 'of receipt of such order and non-comiiliance therewith, until said note shall be fully discharged, unless such failure be the result of the state of the waters, or of some other unavoidable cause. If, however, such suljscribcr or subscribers, refuse, decline, or p ,, wholly neglect to deliver or forward said cotton ^^^ ^^J^ in strict obedience to the order and instructions s i ng to of said bank directors, then, on proof of such wilful fo rward neglect and refusal, the said subscriber or subscri- cotton to bers, shall be held guilty of a misdemeanor, and o'^'^^''- Hiay be indicted and punished by a fine not exceed- ing two thousand dollars, and be imprisoned in the county jail until said cotton be delivered according to the contract of subscription and the requisitions of this act ; or until said note be paid in gold or silver coin with said damages, at rate of twenty per cent, interest superadded in either case. It may be lawful, however, for any of said sub- scribers, by and with the consent of the president 154 LAWS OF MTTSSISSIPPI. Factor of the feaid bank, to change the factor or factors by maybe jjj^j^ \^q qj. them, first designated to sell said cotton, changed. -^^^^ -^ every instance the cotton shall be shipped in the name of said bank, and be sold directly for, Cotton ,^^^ Q,^ account of the bank, and if any of said shipped in subscribers shall draw, or attempt to draw, from the name the hands of the factor selling said cotton, or any o f t h e portion of the proceeds thereof, without the con- bank, sent or authority of said bank, then he, she or they shall be subject to all the fines and penalties pro- vided in the sixth section of this act, for the fraud- ulent selling, removing, concealing or the mis-di- recting or mis-sending of any of said cotton by any of said subscribers. Sec. '.t. Be it further encicled, That this corpo- Bankmay ^.r^^ion shall be a bank of discount, deposit and cir- drafts &c. culation, but shall deal in nothing except bills of exchange, drafts, promissory notes, and other evi- dences of debt, in gold or silver bullion, or in pro- fits of its lands, or in mint certificates, and the cer- tificates of the puV)lic debt of the Confederate States or of this State. The said corporation, how- ever, shall purchase and hold only such lands ten ements, rents and hereditaments as shall be required for the convenient transaction of its business, or as shall have been bona fide mortgaged to it by way of security, or conveyed to it in satisfaction of debts previously contracted in the course of its dealings, or purchased at sales upon judgments which shall have been obtained for such debts, provided that said ])ank shall not retain property so acquired for a longer period than five years, m Sec. 10. Be it further enacted, That said corpo- cent to be I'^-tion shall be authorised to take or receive interest charged, or discount, on notes or bills of exchange, at the rate of ten per cent, per annum, until it shall have obtained the privilege of issuing its notes of cir- culation to the extent of two to one upon its capital stock, but thereafter the said rate shall not exceed eight per cent. When ^^^* ^^- J^6 it further ertacted,Th2^t a ^nj -pev- placedun- son or persons indebted to said bank, shall fail, d e r pro- neglect or refuse to make payment at maturity of test. such indebtedness, he, she or they may be placed under protest for the non-payment thereof, and if LAWS W MTSSreSTFPI. 155 such person or persons shall still neglect or refuse to discharge such indebtedness, then the said bank may bring suit against said delinquent, or delin- quents, before any court liaving jurisdiction, for the recovery of the claim, and shall be entitled to judgment for amount duo at first term of sad court to which process sliall be returned, and bo ontitlcd to collection of such indebtedness. Seo 12. Be it further enacted. That tlic direc- Bank to tors of said bank shall be liekl and reriuircd to sell commence all said cotton transferred as aforesaid for the pay- ^ p e c i e ment of said stock-notes, for specie only: and the P*y™^°t. said l)ank shall be required and com})el!ed within twelve months after the removal of the blockade of *our ports, to redeem all its notes of circulation l^resented, in gold and silver coin, provided the banks of New Orleans and Mobile shall have re- sumed s}iecie payment 1)V the said time. Sec. 13. Be it furtln'r enacted, That (except a receipt from the commissioners or cashier for stock- note,) uo certilicate of stock in said bank shall be issued to any subscriber or subscribers until hi^;. Certifl- her or their subscription note shall have been paid <^*^es of and discharged in si^ecic, in whole or in part, and ^hen^is- if l)y any mishap tlie nett proceeds of his her or sued, their cotton, sliould not bo sufficient to pay oft' his, her or their said note, then he, she or they shall be entitled to certificates of stock only so far as pay- ment thereon shall have been made, and in that case, the balance due on such note shall remain a debt against such subscriber or subscribers, and shall operate as a lien, and have the eflect of a special mortgage upon all his, her or tlieir estate, real and personal, provided such note with the credits thereon be recorded in tlio offioo of jh*^ Pro- bate Clerk of the pro]ier county. Sec. 14. Be it further enacted, Tliai any .sub- scriber or subscribers may at any time discharge his, her or their stock-note by payment of the amount in specie ; and any other person may be- come a stockholder in ^aid liauk, while any portien Directors of its capital remains una])propriated, who sjiall not to re- pay tor such stock in specie, or by subscription note ^"se s u b- and transfer of cotton as hereinbefore provided ; ^ci^iptioos. and it sliall not be lawful for said directors or the 156 LAWS OF MISSISSIPPI. Stockholders of said bank to refuse such subscrip- tioas from proper persons, until the whole of its capital stock shall have been taken. Sec. 15. Be it fur'Jier enaeted, That this bank shall not issue its notes of circulation to a larger Amount r^mQ^^^ than one for one upon its capital stock tion. " subscribed as aforesaid, until it shall have com- menced specie payments ; but it may, and is hereby autliorized, thereafter to issue its notes to the ex- tent of two to one upon its capital stock which shall have been actually paid, in specie, as herein- before provided. Sec. 16. Bp it further enacted, That in case of the foilure of the Bank hereby created, the indi- Stockhol- vidual stockholders, in their private property, skall ders liable be liable to the holdcfs of its notes, in suras double for double the amount of stock by them respectively owned *f^ fiT'*' ^'^ ^^^^ Bank ; and judgment may betaken against stock ^"^^^ stockholders to that extent— which liability shall subsist against any stockholder selling his stock for the space of twelve months after such sale as well ;is against the purchaser and holder of the same. Sec. 17. J5e it further enacted, That each direc- Qualifica- tor of this Bank shall be a citizen of this State, and tions to be shall own at least ten shares of stock in the Bank, director, and shall be responsible individually and in his private property, for agreeing to any over issue of the notes of the Bank, as the same is limited in the fifteenth section of this charter, to the full extent p of such excess of issues, and shall also be liable for for over-is deficiency in capital, if he consent to any dividend suing. larger than the amount of profits on iiand, when such dividend shall be declared, and in addition to the iorlGiture of his said stock, he may be held guilty of a misdemcanoi', and on conviction, may be fined and imprisoned, at the discretion of the court. To fix this responsibility tiie cashier of the Record j^g^j^j, gijj^ii i-Qgp .^ ijook wherein he shall record w *° ^^'® proceedings of theboard of directors, the names ^ * of those present, the day and date of each nieeing, and shall enter the votes of yeas and nays, when called for by any director : which book shall be evidence in "courts of justice ; — And whei entering upon his office the said cashier shall take the fol- LAWS OF MISSISSIPPI. 157 lowing oath before some justico of the pearc, by whom it shall be filed in the office of the probate Oath of clerk of the county : "I (A. B.,) cashier, do solemn- cashier, ly swear to keep a just au Vacancies pointed to till a vacancy or commissioned upon an how filled, election, subsequent to the first, shall take rank according to priority of commission : Provided, That each Brigade Division, as now formed by the Convention of the State, be qualified to elect a Brigadier-General for each Brigade, and tho electors at large a Major-General. Sec. 2. Be it further enacted. That each of said Brigadier-Generals shall appoint a day iu Greneral each county of his district, commanding a general ^'^ster. muster of all persons in said county liable to do military duty under this act ; and the eurollers L— 2 166 LAWS OF MISSISSIPPI. hereinafter ajipointed, ?haJl deliver U) the Baid Brigadier-General the liRts of all persons to en- rolled. At the said general muster, the Brigadier- General, with the ai?sistancc of such person or persons as he may appoint, shall proceed to form the said militia into companies of not le?s than forty-eight, nor more than one hundred. A list of Com pany the persons composing each company shall then officers to jj^ made out in writing, and the said Brigadier bo elect'd. ^^^^y then and there order an election to be held for officers of the respective companie,", by such persons as he may appoint, who shall make to him returns of said election as soon as held . Said re- turns shall be transmitted to the Governor, who shall commission tlie persons elwted. and deposit said return?! in the office of the Adjutant-General. Immediately after the organization of the said companies, and before the issuance of said com- missions, the Brigadier-General shall instiintly proceed to form the said compvanies into regiments, rtegimen-s each regiment to contain not less than eight, nor to be more than ten companies. The companies com- forni e d pQgji^g (>ach regiment shall be numbered A, B, C, ^ rs ele^- ^^^ ^^ ^"' ^^^ ^^^^^^ ^'^^ entere't fnHher enacted, That it shall be the duty of the comnumding officers of the militia (companies to jiiara.de and drill on every other Saturday, beginning at eleven o'clock, A. M., and continuing for at least three hours ; and a battalion drill shall be had once in every eight weeks, beginning at 11 o'clock,/. M., and continuing at least four hours ; Provided, that where there arc not men enough in the county to form more than one company, said company shall LAWS -OF MJSSISSIHM. l7l [yQ exempt from batUilion or regimental parades. Sec. 8. Be it further enacted, That any private, corporal or sergeant, not apj)Garin,s; at a company, p-j^t.^ battalion or regimental drill, shall be fined not ox- (■jeeding three dollars, unless excused. Sec. 9. Be it further enacted, That any private, rfcrgeant or corporal, wlio shall appear at any bat- talion or regimental drill without a gun, or who p .. shall appear \vath a uun not in good order and re- ^^ /ffuns pair, for immediate use, shall be subject to the ex- not in amination by the commander of said battalion or gooe determined in the same manner as provided for in the sixth section of this act, in relation to company drills. The collection and appropriation of fines i\s adjudged, to be collected and appropriated under the general jn-ovisions in relation to regimental ,,? ^ " eourts-martial, the court martial to be lield imme- consist of. diately after the drill, as provided in the sixth section, shall consist of a commander of the bat- talion or regiment, and such other officers then ^ present as he may determine. Sec. 10. Beit /ur(kerenaded/r\\^i upon a call into active service of the militia, the same shall be conducted by and under the command of the then commanding officer, and of the companies, at least one lieutenant to the respective places at which the said militia may be required to rendezvous. , Upon reaching their destination, the militia shall vl ^'^ *^ bo organized into companies, battalions, regiments, :j,^ ^^ and brigades, by a Brigadier-General, assisted by »ucli persons as he may appoint, and sliall proceed to the election of the proper officers as herein pro- rided in regard to this first organization of the militia ; said officers shall be commissioned as in ©ther cases. Should any commissioned officer be included within any call into active service, or sliould any such officer volunteer to join any such iictive service, the vacancy thereby occasioned shall be filled, and the person elected or appointed, hold his office as in other cases of vacancy. All companies, battalions, regiments and brigade^--. shall retain their organization after any such call. n the same manner as if ^aid call had not been 172 LAWS OP MlSS78SlPPr. made, except as herein provided, in relation to the appointment or election of officers. Sec. 11. Be it further enacted, That the offi- cers of the militia, subordinate to the Commander- in-chief, in addition to the said Major-General, and AoDoint- ^^^^ Brigadier-Generals, shall be as follows : m^nf and "^^^ ^^^^ *^^ ^^^ Commander-in-chief to be ap- r.»nk of pointed by himself, to consist of one Adjutant- ©flScers. General, with the rank of Colonel, one Chief of Ordnance, with the rank of Colonel, one Quarter- master-general, with the rank of Colonel, and one Aid-de-camp, with the rank of Colonel. To each regiment there shall be one Colonel, one Lieu- tenant-Colonel, and one Major, with a staff, to- consist of one Adjutant, one Quarter-Master-Gen- eral, one Surgeon, and one Judge Advocate, each with the rank of Captain ; also, one Sergeant- Major, one Drum-Major, one Fife-Major, and a Chaplain. The said sta^fif officers shall be ap- pointed bj the colonels of the regiments. Sec. 12. jBe it further enacted, The Brigade staff, consisting of one Brigade-Inspector, one Bri-^ gade Judge Advocate, one Quarter-Master, with Brigade the rank of Major, and one Aid-de-Camp, with the and Regi- rank of Lieutenant, shall be appointed by the sev- Staff^ *ffl^ ^^'^^ Brigadier Generals. The Regimental Staff, j^jg ^ ' consisting of one Adjutant, one Quarter-Master, with the rank of Captain, one Surgeon, one Judge Advocate, one Sergeant-Major, one Drum-Major, one Fife-Major, and one Chaplain for each regi- ment, shall be appointed by the several colonels. All Staff officers who may be appointed, shall hold their respective offices during tlie continuance of the officer from whom tliey received their ap- pointment, unless such officer shall sooner vacate such appointment. Every commissioned officer, C>ath: before he enters on the duty of his office, shall take the oath prescribed in the Constitution of the State, before some judge of a court of record, jus- tice of the peace, some general or field officer, who has previously taken it himself, and who shall then be authorized to administer the same : a certificate shall be endorsed on the back of the commission, but no pay or fee shall be given or received for administering any such oatli or endorsement of LAWS OF MISSISSIPPI. . 178 certificate. The commanding officer of each com- pany shall appoint, by warrant, under his hand Company and seal, five sergeants, four corporals, one drum- officers, raer and one fifer, who phall serve for two years fram date of their appointments, unless vacated by promotion or draft, into actual service, or vol- unteering into the service of the State or Confed- erate States. Se*-. 13. Be it farther enacted, That every officer who shall remove out of the bounds of his com- . ?^-^ mand without tendering lijs resignation, and every absent.^°^ officer who shall be absent from his command three months, witoout leave of his immediate com- manding officer, iliall thereby vacate his office, and shall be liable to an indictment therefor in the Circuit Court of the county of his residence ; and upon conviction shall ))e fined not more than one hundred dollars. An election sliall innnediately be ordered to fill anv vacancy thus occuiing. Sec. U. Be it /urther enaded. That it shall be the duty of the Major-General to rcjwrt to the Commander-in-Chief, whenever required, the num- ber and condition of the militia and volunteer forces of the State, to arrest any Brigadier Gener- al against whom charges may be exhibited, and order a Court iNIartial for his trial ; to review the Duties of volunteer and militia forces of the State at such MajorGen times and places as he shall apjjoint, not less than ^^^^' twice in each year ; to obey jill orders given him by the Commander-in-Chief; and promptly and energetically to do and perform every act which shall in any way conduce to the innnediatc and complete organization, training and cifectiveness of all the volunteer and militia forces of the State here jilaced under his general connnand. Upon his failure thus to perform the duties he assumes to discharge, he shall be liable to arrest l)y the Gov- ernor, and trial for his neglect by a Court-Martial specially organized by the Commaude-in-Chief, and upon conviction shall forfeit his office, which said forfeiture the Governor, by itroclamation, shall declare. Sec. 15. Be it further enact- d, That tlie Ad- jutant-General shall receive for his services one ^dluton*^ thousand five hundred dollars a year. General. L — 6 174 LAWS OP MISSISSIPPI. Skc. 16. Be it further enacted, That the Quarter Master-General, wlio shall also act as Commissary Salary of ^^^^ Pay-Master General, and perform such other Quart e r duties as may be required of him by the Governor, Master. shall receive for his services fifteen hundred dol- lars a year. The Quarter-Master is authorized to employ a Clerk in his department, if the services of such Clerk be demanded by the public interest, who shall receive not exceeding the sum of one tliousand dollars a year, and in that proportion for sucli time as he may be employed. Sec. \1. Be it further enacted. That all com- jnissioncd and staff officers of brigades, for failure to comply witli the provisions of .this act, shall Fines. be fined not exceeding one hundred dollars ; Col- onelr!. Lieutenant-Colonels, Majors and Staff officers of the Conolel, for failure so to comply, shall be fined not exceeding seventy-five dollars ; Captains and Lieutenants, for failure so to comply, shall be fined not exceeding fifty dollars ; Orderly Sergeants for failure to discharge tlieir duties as by this act required, shall be fined not exceeding twenty-five dollars. Sec. 18. Be it further enoded. That the volun- ., . teer companies may be formed to consist of not less to^ insist *^^''^" sixty-four nor more than one hundred men, of. and to assume such name as they may select ; said companies shall be entitled to elect tlicir Captains Lieutenants, and the names of the persons so selec- ted, together with the list of the members of such companies shall be returned to the office of the Adjutant-General, and on receipt thereof, the officers so elected shall be commissioned by the When Governor. Said company or compai\ies, when so mustered organized, shall be considered as thereby mustered '"■ into the service of the State , of Mississippi, and shall be enrolled in the office of the Adjutant-Gen- eral, in the order in which they are received. — Transfer- c^^id company or companies, when so organized *^^*' and enrolled, shall also be subject to be transferred by the Governor to the service of the Confederate States, for a term not longer than twelve months from the date of the said transfer, unless said com- pany consents to a transfer for a longer time. The 2[»ictioQ. election of said officers may be held by any com- LAW3 OF MIS8fHSII»Pl. ITf) iiisdioncd officer of tho militia of the county in Tvhicb said company is organized, and the return of said election, and list of said company shall be returned by him, with his certificate api>cnded thereto. Sec, 19. Be it further emiNal, That all vol- antecr companies, formed and eni-olhxl under tho Volun- foregoing section nhall be entitled to adopt a con- ^^'^^^ ^^- stitution and by-laws for their own government. ^^^ ' and shall' be exempted from militai duty pre^-^crib- cd by this act. Sec. 20. Be it further enacted. Tliat wlien a demand shall be made for troops by the I'residcnt r.f the Confederate States, or other competent p'^^^f?^^^' authf)nty, upon the Governor of iho Srate. the ate stat^cV Governor shall order into the service ol tiie Con- federate Stales as many of the said volunteer com- panies or regiments as may be necessary to com- ply with tlie said requisition. Should any requisi- tion not be met by the volunteer companies so enrolled as aforesaid, the Governor is hei-eby authorized to transfer tiie number of troops neccs- i-iary to complete the same from the different counties of the State in proportion to the number of their enrolled militia and vohmloers, as |)rovi- (led in fifth section. Skc. 21. Be if further enacted. That the Major- Gcurral shall form the volunteer companies that ^*'>"o"^ may be enrolled in the office of the Adjutant-Gen- and^bri"^- eral, into such battalions, regiments, or biigade ades to U- districts as he may deem advisable. AVhen the formed, number of enrolled companies required to form a regiment, shall exist in a regimental district, the Brigadier-General conunanding shall order an election of field officei*s for such regiment, and shall prescribe the time and place for holding the same. ^.^^ Said electionshall be l>y ballot, and a majority of eiectSL^*^^ all the voters cast shall be necessary to a choice. — The Brigadier General shall transmit to the Adju- tant General the returns of said election, and there- upon commissions shall be issued by the Governor. Sec. _ 22. Be it further enacted, That the only exemption from military duty, excepting those who Persons may present a certificate as defined in the provis- «x»n>ipt. ion? of this act, shall be members of the Legislature. 176 LAWS OP MISSISSIPPI. Treasurer, Secretary of State, Auditor, Attorney General, Judge of the High Court of Errors and Appeals, and Clerk of the same ; Judges and clerks Of Circuit Courts; Probate Judges, clerk of Probates, Boards of Police, sheriffs and Assessors, Telegraph Operators, Railroad Agents and opera- tors, and those exempted by the Confederate laws. Sec. 23. Be it furtlier enacted, That sections nine and ten, of chapter thirty-four, of the Revised Sections 9 C!ode, defining the organization powers and duties and 10 of Courts Martial, are hereby declared to be a Eev 1 s e d part of this act, and all fines imposed thereby shall Code. be collected and appropriated as therein prescribed. Should any warrant issued to collect the same be returned ''nnlla bona,^' the proper Court Martial may impose such military discipline upon said defaulter as in their discretion may be deemed reasonable and proper. Sec. 24. Be it further enacted, That all other acts and parts of acts in relation to the volunteer and militia system of this State are hereby repeal- ed ; and, also, an ordinance to "regulate the mili- Actsre- tary system of the State of Mississippi," adopted pealed. January 23d li-61, is hereby repealed; and this act, with said sections nine and ten, of chapter 31st of the Revised Code, shall constitute the entire laws in relation to the military system of the State of Mississippi. Sec. 25. Be it furtJur enacted, ThSit the sa^me pay be allowed all officers and soldiers ordered into ^^' active service under the provisions of this act as is allowed by the Confederate Government. Sec. 26. Be it further enacted, That the Gov- ernor is hereby required to have one thousand No. copies copies of this act, together with said sections nine printed, and ten of chapters thirty-four of the Revised Code, printed in pamphlet form, and distributed to the various military officers of the State. Sec. 10. Beit further enacted, That this 2iCtshil\ take effect and be in force from its passage. Approved January 24, 1862. LAWS OP MISSISSIPPI. 177 SECTIONS IX AND X OF THE REVISED CODE, REFERRED TO IN SECTION TWENTY-THREE OF THE FOREGOING LAW. SECTION IX. Of Courts-Martial and CJourts of Inquiry. 1. OF COMPANY COURTS-MARTIAL. Art. 1 18. Company courts-martial are detailed Compooy by the captain of each company, on the first Satur- cou rts - day of May in each and every year, and hhall con- ™^''*'*^- slat of the commanding- officer thereof, as president, ajnd his sul)alterns ; and if it shall at any time hap- pen that any company ]xi deficient in commiasioued officers, one or more non-commissioned officers shall Im3 detailed upon such court, so that each court i^hali bo composed of three members. Art. 119. No member of a company court-mar- J^eu^ not tial shall be challenged on account of his having challeng'd reported the delinquency of any person on trial, when by law it was his duty to do so ; but every such member, notwithstanding such report, shall be deemed competent. Art. 120. If the members of such court shall ^.j^g^"^' fail to convene on the day appointed, the court journed. ' shall stand adjourned until the next day, when, if the court be not formed, it shall stand adjourned without day ; and all cases of deliquency shall ,*:tand continued to the next court. Art. 121. The president and members of the *^^ *^^ court, before they shall enter u|K)n their duties as ™®™"^'^- such, shall take an oath, one to the other, to render impartial justice to all, according to law, and to the best of their knowledge. Art. 122. Every such court when organized, Jurisdic- shall have jtirisdiction of all delinquences, failures ^'O"- and neglects of non-commissioncdomcers, musicians and privates, of the company for which the same shall have been detailed. L— 21 178 • ' ■ ^ 'fjA^ 'OF^'iiiMHSippi. Cases tak^-' • '^Ailtfh 2sP¥']ie'6(i)mt iMaYl- take up tl]?e"cak^' to on up ii^fb^triey, in tic oi-cler iA'^'liaSiriWjJ staiid(iSj>dn the erder. , . ^^Kytt':^: &3 >d if; %%G dtlmqU^U] I lisLvrng'; '^xn^ti ' duly served with a notice, does not appear, opvrender a sufficient excuse by affidavit, judgment shall forth- with be entered against him for the proper fine. Art. 124. Every such court-martial may miti- Fine, gate, or wholly remit,- any p^^alty or fine, directed w'hen re- to be imposed for any defici0iicy in arms, or equip- mitted. ments, of any delinquent whom the court shall judge so pOor as' not to bcirtble to"^ furnish himself with such arms or equipments ; and such court may mitigate o'r remit any fine agaiihst a' delinquent, on a sufficient excuse being shown by affidavit in ' writingl- ^ ''''■■ '' '■ ' ' '■'■''- ■ ' •'■• ■ Art. 125. From the senteiice of any sucli court, Appeal to gYQj.y person- thinking himself aggrieved, may ap- taf court." peal to the rie^imeht&l court-martial; by filing his petition 'in writing, with the president thereof, praying such appeal, tvithin ten days ofter the rendition thereof. Art. 126. It shall be the duty of any such pre- sident, to endorse upon such petition, the date of Petition to the filing thereof, and transmit the feame '' to the !^. *'^°^* commanding dfficer of the- regiment, and no peti- mitted. tion filed otherwise than is herein directed, shall be deemed an appeal. ^, , 2. OF REGIMENTAL COURTS-MAHTJAL. ',(1 ■ Art. 127. Regimental courts-martial aredetail- jiggjjjjgj^, ed twice in each j^ear, by the colonel of the regi- tal courts- mcnt, at such times and places as he shall direct, martial. and shall consist of the colonel or connnanding officer thereof, as president, the lieutenant-colonel, and the major, and four of the senior captains; of in the absence or inability to serve of either or thei^c, of the seven officers higlicst in rank of the regiment, any five of whom shall Constitute a court. Art. 128. Every member of such court, before ^t!^°^ he shall enter on his duties as such, sliall take be- members, ^^^^ the regimental judge-advocate, the' following oath, ' -I do swear or affirm, that I will well and truly try, and determine according to evidence, all matters between the State of Mississippi and any LAWS OP MISSISSIPPI. 179 person or ]K?ri^on?, Avhicli shall come before a rf'gi- iifciital court-martiul'. of . whicli Thave been appoint- ' ed a member." '-'''^^ •• '■'■ f i' ■ .sir.'; . ^•' 'Art. 129. S'lWH ^6Wrt-«ltti<^{ittl wheu di% organ- Jurisdic- ized, sliall have jinf^iBdicfiOrt of all ap^tils; from tion* cdhipany cOiirt.'^-maftial. ah<.l'<'>f th«Si 'assessments of fiiicsHjibi'i captain^; lielltenfvVils; an4' staff officers of tltd i-egiinent. ' "•(■-•• :::'>{■■ ,;. '"Art. 1 30. Tlie retiirfis of thd^ proper ' officers, Ketiffbi of made in j)ui-su;incc of tliis act. shall be received by °™*l^ ' ° > s'^cli court a^; evideiice, together Avitli such affida- ^^^^ *''" v^ts, OS ma>- l)e ])re^feritedi to^itching 'th^ material irtattJors in question; • "■ ■ • : • ' ■ "*'' 'Art. 131. In all cas<^ of appeals; the burden of Appeals to proof sluill bo upon tlic appellant, ftnd' the decision brigade of the court sliall be linal tliorcon ; iii all other *^'^"'"*- eases, an ajipoal may bo taken from the sentence of this court to the l)riua(le court-martial, in the same riianner, as is })rescribed in appealsfrom a company conrt-mnrtinl. :'.. OF llincADE COURTS-JIARTIAI- Art. 132. A brigade court-martial shall be de- tailed annually, in each In-igadc, to convene at such time and place, a^>^ tlic In-igadier-gcneral shall direct. Brigade and shall consist of the brigadier-general and six ecu r t s - cbminissioned officers of the line, two of vt^liom at ™*''''*'- least, shall be of the rank of colonel, and none be- low the rank of ca))tain, any live of wliom shall be sufficient to constitute a court. Art. 133. Tlie brigadier-goiicral when present President shall be jtresidcntof tlie Vu"igadc court-mai-tial, and oftheco'rt in his absence, the senior ofhccr, highest in rank, shall preside. • ' .■;i; • t vk. . !;o Art. 134. EVery member cf the ccmrt, before he shall enter on his duties as such, shall take before the Judge advocate of the lu-igade, tlie following n th o oath. "I do s^venr or affirm, that I will well members. and truly ti y, and dotermine according to the evi- dence, all matters ]>et\veon the H-tate of Mississippi, : and any peV!*on' or persons, which sha/ll come before a brigade conrt-martial. of which I have bi6«n appointed a n^omber."' Art. 135. Sdch coni^t when duly organized shall ■ <■■•■ i 'Iff! 180 LAWS OP MISSISSIPPI. Jurisdic- have jurisdiction of all appeals from regimental ft**^ courts-martial, within the brigade, of the delin- quencies of the regimental-adjutants, and of field and staff-officers of the brigade. Art. 13('t. The returns of the proper officers, made in pursuance of this act, shall be received by Sctums ^^^^ court as evidence, together with such affidavits eridence. ^^ ^^7 ^^ presented, touching the material matters in question. Art. 137. In all cases of appeals, the burden of . . proofshall be upon the appellant, and thedecisionof ^^* ■ the court shall be final thereon; in all cases an appeal may be taken from the sentence of the court, to the commander-in-chief. Art. 138. Every such appeal shall be taken by petition, in writing, filed with the president of such Petition court, before the expiration of ten days, from the aud bond, final adjournment thereof, together with a bond and sufficient surety to such president, conditioned that in case sentence be affiirmed, the party ap- pealing will satisfy the same. Art. 139. In every case of appeal from a bri- NQtes of gade court-martial, it shall be the duty of the bri- evidence gade judge-advocate, to furnish the commander-in- fumished. chief with the notes of tlie evidence taken therein. 4: OF SPECIAL COURT OP INQUIRY AN1> COURTS- MARTIAL, Art. 140. Court.s of inquiry may be instituted by the commander-in-chief, or the commanding inou^'^^ °^ officer of a division, or brigade, iu relation to those ir.quirj. Qg^g^j.^ fQ^. wliosc trial they are authorized to ap- point courts-martial, for the purpose of investiga- ting the conduct of any officer, either by his own solicitation, or on a complaint or charge of impro- per conduct, degrading the character of an officer, and for the purpose of settling rank. Art. 141. Such court shall consist of not less Hhwcom- than three, nor more than five commissioned offi- posed. cers, and the president shall, without delay, report a statement of facts to the officer instituting such court, who may in his discretion thereupon appoint a court-martial, for the trial of the officer, whose conduct shall have been inquired into. LAWS OP MISSISSIPPI. 181 Art. 142. Every court-martial, fer the trial of a brigadier-general, shall be ordered by the oomman- Court for der-in-chief, and shall conBipt of seven commissioned trial of oflSccrs, two of whom, at least, shall be of the rank Brigadier of major, any five of whom shall constitute a quorum. ^^°^''*'' Art. 143. Every court-martial, for the trial of a major-general, shall be ordered by the command- Trial of er-in-chief, and shall consist of nine commissioned Major- oflBccrs, one of whom, at least, shall be a general ^ener.'^l. officer, and three at least, of the rank of colonel, any seven of whom shall constitute a quorum. Art. 144. Every court-martial, for the trial of Trial of of the adjutant-general, or quiu-tcr-master-gencral, AdjuUnt- shall be ordered by tlio commander-in-chief, and °^ Q^ar- shall consist of seven commissioned ofliccrs; two of General, whom, at least, shall beof tlie rank of colonel, and any five shall eonstl||ite a quorum. Art. 145. All ofncr special courts-martial, for the trial of commissioned offiters, sfiall consist of seven officers, two of whom, at least, shall be of the rank of the officer accused, and any five of Avhom Other spe- shall constitute a quorum, and shall be ordered, if ^'^^ courts for the trial of officers above the rank of captain, ™^ * by the commanding oflicer of the division, and for all other officers by the commanding officer of the brigade. Art. 146. No officer arrested, shall be brought to trial at a special court-martial, unless a copy of Copy oi the charges and specifications, certified by the charges officer ordering the arrest, shall be delivered to delivered, him, or left at liis usual place of abode, within three days after his arrest, nor unless the officer ordering sucli court-martial, sliall have order- ed the same within thirty days aftei- receiving notice of tlie arrest, and a copy of the chnrges and specihations. nor until ten days after a copy of a list of tJie naine,« of the officers detailed to form the court, sliall have l>een delivered to tlie officer ar- retted, or lel't at his usual ])lace of abode. Vacancies Art. 147. The officer ordering such court, may ia court at any time supply any vacancy that foi- any cause supplied, may iia[)pen tlierein. Art. bH. If any officer accused, shall have any presideii;> cause of challenge to the president of the court, he how char shall, within a reasonable time after receiving a lengod. 182 LAWS OP Mississippr. ^ J= '^*M*i oifficei'i/ordcrjiygiiSvich -coui't, V"^! sbali. ,>thei;cup^i '■' ' ' determiiie :a)3 to t^hejV^jidi.tj'.ol^sucIi cjiallcnge. '^r^d if) in his opiiji4on,;tl}:cv€a,ib?e^ are, .sufficient, hc.ghall appoint anotltei- president of such cqui-t. a ^ , , ,, .^ . . • - , Akt, 140. xVfter the court shall ha);e assemble^, Oath of ^^^ ^^^ challenges, if any . arc , inadp,. shall, hajye members, been detcinniuj^d,. the jjLidgc-iwJvjOcate, |Whcther coip- nu83ioned Oi' Bpeq^^l, shall administer tp,each mgifi- ■ bcr the folloW(ing,OHtli. ;'You do sweai: or affirm that you will faithfully dischai'ge. the duties of,a member of tlie court-martiali now assembled, apcpi;^- ing to the best of your ability." . Art. 150. Every iudge-advocate. whether corn- Proceed- missioned or special, and every member of tjljie.. ings kept court martial, shall keep secret the sentence of secre . ^j^^ court, until the same shall be approved or dis- approved acccording to law, and sliall keep secret the vote, or opinion of any particular member of the court) unless required to give evidence thereof, by a court of justice. Sentence Art. 151. The sentence of such court-martial, of Court, shall be according to the naT:ure and degree of the offeuce, and according to military usage, but shall not extend further than cashitvring the officer con- victe 1, and disqualifying him from holding any office in the militia of this State, and imposing a fine not exceeding one hundred dollars. , Sentence Art. 152. The proceedings and sentence of to be ap- every court-martial shall, without delay, be deliv- proved. g^.p^j ^q i\^q officer ordering the court, who shall approve or disapprove thei'cof within fifteen days thereafter, and shall give notice of bis approval or disa])proval,: to the president of such court, and to the arrested officer, and shall publish the Transmit- sentence, as approved or disapproved, in orders. ■ted,^,A(i- Art. 153. ;t|G siiall also transmit such proceed- j u t a u t - lags and sentence and his approval or disapproval Gaaef^l. thereof, to the adjutant-general to keep in his of- fice. ; Itples of Art. 154. The rules and regulations relative to .proce'dlng courts-martial in the army of the Confederate States, not inconsistent wiiii the provisions of this act, shall b3 the rules and proceedings in courts-mar- tia! in this State. LAWS ;0^..:^U^^,SSIfpi.-.r/^ 18^ . AiJT. loo. The right ;0f Uj^peal to tji^..comijiap.dr . er-i.ii-qjiioL froiii all ?eut^nces or jv^spe^ial.courjt- Appeal to martial, Is reserved, but no appeal sliall be receiv- Comman- ed, unless^ made by petition in w.riting, filed "witli ^o°*^- cer of his brigade with the returns of the strength and condition of his regiment, when thereto re- quired, not less than twenty nor more than ijfty dollars. 2d. For failing lo give any notice required of him by this act, or to detail r. re^gimeutal court- m;iirtml,\ as is* Lei-eih' directed, 6r¥?>]f negMting^o ' ';, ^ take ijoticl'of hi) qirdi^ter-ma^tepj •fift^ dolI^lrsJ i-" ''J' .',,!,! . " . ^d. t'or ricglectiiig td' call btit Ms regimeiit,' iri-^ case oT any invasioni or iriSurrectioii,--dr immihfent'- danger tlieredf, ' or to hold any draft ^lily ■ drdiJlMV [ three hundred dollars. '-' ^'" • I'i i or 4th. For failing to return to the proper court- martial, any of the delinquencies of his commis- sioned officers, which were known to him, or of which he had received official -information, one hundred dollars, or for deficiency in any article of arms, or uniform, twenty dollars. : - 5th. For failing to attend any court-martial, when detailed as a member, or for neglecting to perform any other duty lawfully required of him, not less than twenty nor more than one hundred dollars. Art. no. Every lieutenant-colonel, or major of i Fines of ^ regiment, shall, without arrest, on due coijvjo- J4eut'nant tion, be subject for the following , offences, tO) the;i Colonel & fines thereto annexed : ; .«; v Major. 1st. For failing to furnish the commanding offi- cer of his regiment with returns of tlie strength and condition of his battalion when thereto re- quired, fifty dollars ; or to attend a court-martial, when detailed as a member, thirty dollars ; or for deficiency in any article of arms or uniform, tt^-en- ty dollars. 2d. For neglecting to call out his battalion, on. order, or to execute any order for a draft' thereio^ two hundred and fifty dollars. : • : 3d. For failing to attend any regimental or bat- talion muster, or drill of officers, or for neglecting' > to perform any other duty lawfully required of. him, not less than ten nor more^ than one hundred r dollars. Art. 171. Every captain of a company sha^-, Fihesof without arrest, on diie conviction, .ho subjeotufor. Captain, the follD^ving offences, to the fines-tbereto annexed: 1st. For failing to furnifth; the eommaudep Of his . battalion, or the adjutant of Ms regimejjt,i;wheBj; thereto required, with the returns of the strejogtiji. and condition of his company, fifty dollars, orn^^-o lecting to detail company courts-martial, -a0)her6;n required, or failing to return to the, je^imentai; coui'ts-rinirti^l,'%(5 dclinmibi'icics't^f lns''sii^#]ic*^h?, tWeiVty dollars." ■■ '' ;^^-:i- v ■ ;;.i .,•■ -I'.w,^ 'id.' F6l' failinfir'to liavc')ils"'compaiTy-rolI cidlM at every field, and comi)any muster, or for deficiencv of anv article of arms, or uniform, ten dollars. ' 3d. For iieglectiii. Every regimental-adjutant, judge- advocate, or quarter-master, who shall neglect ai!y of the duties enjoined on him by this act, or which Fines of in pursuance thereof, may be required by a supy- Regimentl rior officer, shall, without arrest, on due eonvic- S*^*^- tion thereof, pay a fine of not less than ten nor more than fifty dollars. Am. 174. r^very orderly-sergeant of a conipany who siiall neglect any of the duties enjoinoey the lawful order of superior officers, on any day of parade, or to perform any such military duty a,s liiay be re- quired, or departing from his post or gurad, or leaving his place or rank, without })ermission, or for drunkenness, mutiny, or other misconduct, not less than ona, nor more than five dollar^, and may be placed under guard for twelve hours. 3d. For refusing to turn out in case of inva- sion or insurrection, or imminent danger thereof, one hundred dollars. -1th. For failing to repair to the place of rendez- vous, or to furnish a sufficient substitute, when drafted, or otherwise qalled into the service of the Confederate States, or this State, one hundred dol- lars, and be subject to all the penalties to which a deserter of the Confederate States, or this State, ]» subject. Art. 177. If any civil officer or citizen, to whom an order of election shall be addressed and deli- LAWS or MISSBSIPPI. 189 vered, in purtjuance of this act, shall neglect or Fines for refuse to execnte the same, he shall pay a fine of f^^ ^^^' one hundred dollars, l« be recovered by action of *.° ^ ^'^c- debt, in the name of a State, for the ui^c of the military school fund. Art. 178. No actioi\ Hhall be maintained against any member of a court-martial, or officer or agent ,"?-^'?^ aKjting under it8 authority, on account of the ini- tobesued* position of a fine, or the execution of a sentence, on a pci'son not liable to military duty, if such person sliall have been returnal as a delinquent, and duly aummonod. and shall have neglected to eliow his exemption l)efore such court. 2. Oy THK COIJ.ECTIOX .VXD APPIJCATrON OF PKN- ALTIIW, FIM'>?, AND COMMUTATION MONKT. ApvT. 179. At the expiration of ten clays after each company court-martial, it shall be the duty of the president thereof to issue a warrant, under his Warrant hand, on all judgmeiitvS that have become final, and |;° ' ^suc remain unpaid, directed to any constable of the county, thereby commanding him to levy tlie fines, together with the fees, of the goods and chattels, lands and tenements, of each person against wliom they have been severally adjudged, as therein spe- ciffcd, and mako return thereof within sixty days, with hisdr>'!i2s thereon. Art. 180. If any person against wh^ra any such judgniiMit shall have been rendered, be under the age of twenty-one years, and live witli his father or mother, master, mistress or guardian, every such l^'ines of fine or fines, shall be levied of the goods and chat- J"^"i°,^^j tels, lands and tenement? of such father or mother, master, misti-ess or guardian, as the case may be. Art, 181. Ever con3tal)le in levying the said f.nes. shall procee ,, Greeting: You are Iteveby ofjmmanded to make of the goods and chattels, lands and tencn;cnts of the sum of ■ dollars being the amount of fines assessed against him by the regimen tal court-martial of the regime^it, held at on the — — day of —— in tbe year of Avith all fees accruing herein, and make return of this warrant to me, with your doings within sixty days. Witness my hand this day of in the year — — R. E. President of the Court. Duties of -'^liT- i*^^- Every sheriff shall endorse upon such sheriff warrant the day of its reception, shall proceed in thereon, its execution, in ^11 respects as upon a ^fieri facias issued by a circiiit court, and shall be entitled to tlie same fees, and liable to the same penalties. x\.RT. 186. The sheriff sjiall pay over the money made upon every such Avarrant, . to i\\e quarter- •jj master of the regiment, and on his failing to do so, paid ovei\ ^^ ^\^^^ be liable to a motion, in the circuit court, on the production of the record of the judgment by the court-martial, in the same manner as if he had collected money on execution issued from a circuit court. -I,. Art. 187. The president of every such court, warranto^ and his succe^ssor, is hereby authorized to issue alias .LjVW|>..OF MISSIgSIFPI. (,191 ;iOr, plur^es \vi)jL-^;afits. ujpoa,. every, such jtidg-martial^;j3lian be expended, how ex- after paying r^ucli costs as may 1)C allowed by tlie pcnded. , co^ict. (Under tlie direction of the colonel, or com- )mfmding;;Offi,cci(V>vijtJi Uie advice and approbation of the lieutenant coJonel and niajpr,. for the use of (itliC'iregjincnt. .,. .^ ; ,,, .. - . ri( .AjiT, 189. TJiepr<5siclent of every brigade court- .iWai'tiaK at tlie expiration often days after the final frombri°- . ;ft(^auinm.oiit of ^Ujcli court, sliali issup his warrant ajg, cpvrt^ , Qj[^,iall, jujigmeuts that have become final, and re- ipiaHi rnijaid, in the same manner and form as is ])resci-ilted in relation to process issuing fi-om a ,prCf*idou.t of a rogiinent-iil court-martial. ,: Aii;i;. 1()0. The sheriff on receipt of any such Mk^arraiit. shall endorse and proceed in the execution Duties of tihiereof, shall V)e entitled to the st\me fees, and sub- ^^^^^^-^ jocttO:tho samp penalties: ixivl proceedings, as is ,| , prGscvil.>ed in reference to warrants issuing from ijie president of a regimental court martial,, and . ;isi^^.ll, pay all moneys collected to tlie (luarter-mas- ter of the brigade. Am. 11)1. All the moucys collected for lines Moner . i,inposed l>y a brigade court-nuirtial, shall be paid how exi out by.,tihe (luarter-master of the l)rigade, on the pendcd. or)Ll|er in writing of the brigadier-general, or presi- . dent of the lu-igade court-martial, specifying the , .service for which such order shall have been made. . .2. or CO.MrKNSATlOX AX]> KKKSOF THE MEMBERS OF COnrrs-MAUTIAL. AXD. OTHER OFFICERS. . mArt. ll>2. There shall be allowed bv each bri- ^, _ g94c:Cpju-t-martial, and paid by the brigade quar- bri"'a«le ter-uiastcj', (>;i the order of the president thereof, court- out of any money in his hands : martial. : ;|,st. To all witnesses summoned to attend said i-ourt, on the jiart of the State, shall be allowed one dollar per day,.; , ,,. . ^d- To each brigade judge-advocate, and to each l)rQ{iident an/i uiembiCr of any brigade court-martial, twO; day aptiial^j^empjloyed on such, duty. .••,,.•.:,!,., , ; ,. ..,;,,. , , ", ,,, . m i.AWH OP MISSISSIPPI. Fees of lirigade- i a spector Allow- »ace to brigade q uarter- ittafiter. Fees on T egitneat- al courts - ijRirtial. 3d. To every regimental adjiitont, wiio may be required to attend upon any brigade court-martial, or execute the process thereof, or any summons is- sued by the president of such court, such compen- sation as to the court shall seem just. 4th. To the brigade quarter-master, the sum of eight per centum upon the amount of fines collect- ed, as compensation for his services. Art. 193. The brigade quarter-master, on the ■written order of his brigadier-general, specifying the services rendered, shall pay to the brigade- inspector and to the aid-de-camp of the brigadier- general, three dollars for each day actually employ- ed on duty, but not more than fifty dollars shall be lillowed to either in any one year. Art. 194. Each brigade quarter-master shall be allowed by the auditor of public accounts, from time to time, such sums of money, not exceeding one hundred dollars per annum, as bis brigadier- general shall certify to be necessary, for the keep- ing in repair of the ordnance, arms, munitions of war in his [)0?5eBsion, belonging to the State, which upon hi.s warrant, shall be paid out of tlio State treasury. Art," 195. There .sliall bo allowed by each regi- mental court-martial, and paid by the regimental <[uarter-niaster, on the order of the president there- of, out of any moneys in his hands arising from feee: Ist. To the president and each member of any regimental court-martial, one dollar and fifty cents for every day lie may sit a.^ such momlK-r ; and a like sum for every twenty miles of distance traveled to and from said court, computing on the nearest route to his domicil. 2d. To the commissioned and non-commissioned officers, Avho sliall have summoned delinquents to appear licforc the court, one dollar and fifty cents for each day he may have been necessarily so em- ployed, and the same for each day of his attendance on the court. ^■3d. To each witness summoned ujjon the part of the State to attend such courts, one dollar per day. 4th. To the regimental quarter-master, the sum ■of eight per centuisi upon the amount of fines col- lected, as compensation for his services. Art. 196. Every witness summened in behalf of LAWS OF MISSISSIPPI. 193 any officer accused, cn"pon«Oii returned aa delicqueut. Yt>c^ of to aay brigade or n^imcntal court-maJ-tial, shall ^ itnesses be entitled to demand and receive from the person '^'■»*<^"*'« in whose behalf he was summoned, one dollar per ^j, for each day's attendance. CHAPTER CXLI. AN ACT supplemental to oo act parsed at tb« present session of tho Legislature entitled an act to rerisa aiwi reduce iote one the Militia and rolunteer I>awR of tliis State. Section I. Be it enacted by tfis Lfgidaiure ©/ titt State of Mississippi , That it i.s hereby made the duty of the several Boardi^ of Police in eaeh cous- JP^EroHer, ty in this State to have enrolled every free, white ^^^^f ^P- male citizen or resident alien within their rciepec- ^ n*j ^is five counties, over the a^ of eighteen and under duties, ftfty years, liable to jxirforra militia duty, by the appointment of one or more discreet perpon* for that purpose in each Police Di.^trict, who shall re- port the number and name of orcry enrolled citizen afld alien resident to the Clerk of Probates in each ooHnty. wlio shall keep on file said reported rolls iti their re8{>ective offices^, and shall forward the aamber of the enrolled militia in their respective coanties to the Adjutant-General, who shall keep a list of same. in hia office, a« lurnL^hed from each county; the en rollers appointed by tbe Boards of Po- lice shall receive the same [>ay as is defined in th»^ fburth section of the act of which this is a supplement and l)e subject to tlie same fines and penalties therein imposed ; the enrolling officers directed and re- quired to be appointed under the provisions of this act to be known as Orderly Sergeants, who shall act in the capacity of Captains until one is elected an(i arc to l>e authorized to receive from the Pro- bate Clerk of his county, a certificate of said sei-- vice, which, when approvcnl by the Brigadier-Gen- erals of their respective conimands shall entitle tho holder to receive the pay definod in tho act to which this is a supplement. L— 2;> 19-^ f.AWB OF MlSSlSSIfPP]. V >iH'. li. Be it fitrther enacted, That said eiiroll- mtait when macle as herein proTideci, shall be as effective »,«' thougii tnade directly undei- the a|>- [►ointmeut of s^id Brigadiers. iSBO. '.^>. Be it fuithtr enadtd, That the Salary of jfajor-GeDeral provided to Lte electeii in said aet (HvKnX. K* vrhich this is a tui)pleniout, phall rewire a^larv at the rate of Two Thousand Dollars \n^r annum, Sbc. 4. Be a fiirtker emdcd, That the Adju- ,^ - tdnt-Gcueral shall liavc authority to employ a clerk AdiuU^n\ ^^"^ ^"*^^* ^'"^^ ^'^ ^^^ pervicerf of fuch clerk may Ix? Gteoeral. nocfe^ary in the discharge of the duties of said office, for which said clerk shall receive a salary at the rate of one tliousand dollars per annum. Sbc. 5. B<^ it further enacted, That tlic Quar- .^^ ter-Ma-ster General Ix) authorized in addition to the "m^bp^^tn ^^^ ^^^ allowal him in said act, to which this is a -g gjp J () y supplement, to employ a clerk, if such additional additioua 1 clerk l>e required to discharge the duties of said clerks. office, for which he shall receive asahlry at the rate of one thousand dollars i>er annum, and that lie have full [lower to eihploy such agent or agents a,* he may at any time deem necessary in the trans- portation of goods, or for other services requiring ta-avel aljroad in connection with the Quarter-Mas- ter's. Department in regard to the Mis^issipj^i troop?>, Provided hoioevtr, That such agent shall not re- ceive a comj>ensation grciiter than at the rate of one tliou.sand dollai-s i>er annum. Sec. 6. Be it further eruicfed, That the Chief- « . irf of Ordnance, provided for in the act to which tliis the Chief ^'^ '^ supplement, shall receive for his services a of Ord- Halai-y at the i-ate of fifteen hundred dollai-s per vAuw. annum. Said Chief-of-Ordnauc<.' however, only to i-eceive pay for such time as he may 1k^ employed under the direction of the Major-Geueral. Beo. 7. Be it fvrther e-)uided, That in addi- tion to those now exempt from militia duty, as now P pi-ovided in the 'J4th section of the act to which exeSr** thia is a supplement : Ministeif^ of tlie Gospel having pastoral charges hy the apj>ointraeut or ralee of their i-espective denominations, are hereby exempt : mechajiics and others engaged in the manufacture of ariys and munition* of war, and the Judge «f the Oriminwl court of Wa.T-ren coun- LAWS OF MISSJSPM'PK 'n^a l®5 t^fSmtX PJHtrkt attoniojs of this State, aiid.giiarcl>« actually employed at thi; State Poriilentiary. Sbc. 8. Be it fu'it'ur enacted, That thie act be j)ubliHlied with th«' act to which tliis Is a suppJe- laent, and that this act take cffwt oiul b* in force from and after iU< pas'^^'C. Approre*! January 2i', \b^2. ^HAPTKU , OXLl I. VJ^i. AN ACT to Ruspoiitl for u liiiiitt-d pchod touu; •<' the pro- visions of act 4, chapttr H, of the Code, so far as they ^elaie.to the county of Ifaripn. ;',^i^ ^; ■ Section 1. lie U timcted hy tfi£ Jjeglshfiure of the State of JI{.sfii\> . . Sec. 2, Bt ///M/7/iing th(.' isfsuance of any license for that j^urpose, are hereby repealenl : ProcUled, That this act sliall not apply to the peddling by any citi- zeu.'< of this State, of goods, wares, ov. uwirchaii- dize, luanufactured witljin the gai^^ ,, .^. ' C9S IWLW8 OF MWSTSSIPPf. Stic. 2. Be it fviHhcr cntwterf, That an/ per- son violating the pro\'isions of (h\» oct, shall be Uable to indictment, and npon conviction thereof. ghali be fined in a sum not less than one hundred, nor more than five hundred dollars, and imprison^ in the county jail not more than throe monthfl. Approved, January 20, 1862. CHAPTER CXLIV AN ACT to remoFB the civil disabilities of Kniclit Ed- wards, of Choctaw County, so far as t« render hka le^Uj qualified to act as executor of the Ust will aad tostMnent of his father Edward Edwards, rkcoa^od, late «f CSiOCtaw County, Sec. 1. Be. it enaded by the Legusfaiure of tke Sta4^ of Mississippi, That the civil di^bilitio* of Knight Edwards, a minor, of Choctaw eo-untj., be removed so far as to render him logaily qnali ^ed to act as executor of the last will and t«PtA- meat of his father Edward Edwards, dei^eawd, late of said county, and the bond executed by hrm •S executor, for the performance of hi^ duties Khali be valid and binding, as if he were of ftill age Sac. 2. Be tt further enacted, That this act tii:ke '?ffect and be in force from and after it^ pesftaj^. Approved, January 25, 1862. CHAPTER CXLV. AS ACT to legali?«) the assessment roll pi Wayne Co., and for the relief of lb« assessor of taxes of said county. WirBBBAS, By the l{>th article of Hrd chapter <»l" the revised code, each aeseasor of taxes is rc- ■qixired to set down in separate column? of the land assessment roll of his county, all the vacant land in his county, and the tax assessor of .said county Tiaving made out his land assessment roll, without netting down therein the vacant land of Wayne < sued, the number, date and amount of the warrant sopposed to be lost, and in place of which it. iih iaeucd, and attach to it his signature; and afkid auditof ftball also notify the treasurer, in writing. t<»* CAWS OlP MissrssiPf't/'^'^-* rff tliti re-iBSuaiice of snid \rarranta, giving Mm tlie amount, (la'te, number, and the person to whom issued of caoh warrant lost, ar.d i\\oh one be re- issued ; and it shall be lawful onlv for the treas- urer to pay the warrants last issued, and endprscd as herein required. '.'.'-'• '•' Sec. 2. Be if. further enacted, That thia act shall take effect and be in force from and after its passage. Approved January 25, 18t>2. CHAPTER CXLVIl. A-N" ACT to confirm the location, of swamp and over- flowed lands in Newton Coanty, and for other purposes. Sec. 1. B^ it enoct&i by the I^giMattire cf the State of Misslssijyin, That the locating of 'swamp and overflowed lands made by Isham Dansby, lo- cating agent for Newton county, duly appointed under an act of the Congress of the United States of America, approved September 28, 1850, 1)e and the same is hereby confirmed. Sec. 2. Be it further enacted, That upon the production of the certiticate of the Secretary of State, cei'tifyin;:'' the amount of said located lands, and that authenticated returns of the same have been filed in hi.s office, it shall bo the duty of the auditor of public accounts to issue his warrant in favor of said Isham Dansby, for the amount to virhicb he is respectively entitled for making said location a.s prescribed by the law, under whicbthe .«ame was made. Sbc. 3. Br it further enacted, That the pro- visions of this act shall not apply to any tract or .tracts of land located. by said Dansby, which may have been entered from the Federal or State Gov- ernment, by any person or persons at any time be- fore the passage of this act, and such entries shall jsot be disturbed. Sec. 4. Be it further enacted, That this act take ^^Saci and be in force from and after its passage. Approved December 20, 1861. LAWS OF lAJSSiasipri. 19y CHAPTER CXLVIII. ! • ■ ■ " • ■ ■ AN ACT to confer discretionary power on the Board of Police of Pike County, in relation to the Free Negroes of gaid County. Se€. 1. Be it enacted by the Ij'gislature of the State of Mi'msmppi, That tho board of police of Pike connty, are hereby authorized to issue license to such of the free nep^roes now livinj:^ in said county, to remain within its limita as shall upon witiafactory evidence to them appear to be of good, character and in nowi?e dangerous to the commu- nity, and they may revoke said license upon their becoming depraved and troublesome. Sec. 2. ^nd b; it further enacted, That it shall be the duty of the sheriff of said county, to appre- hend, and it shall be tho duty of the board of po- lice to have sold into slavery any fre« negro of s«,id county who shall bo found within i\s limits after the first day of March, 1862, without a license from the board of police to remain, and all funds so arising from the sales of free negroes shall pass to the credit of tho common school fund of said eounty. Sbc. 2. Bt it further amcfed, That thid act take effect from its passage. Appi'oved, Efecember 20, 1861. CHAPTER CXLTX. AN ACT to authorize the Prceide^t of the Boards oi Trustees of School Funds to qualify their own body, &c. Sectiox 1 . Be w enuictcd by the Legislature of the State of Mi-'^sissippi, That the President of the Boards of Trustees of tlie school funds of the sixteentli sections of the several counties of this State, and the presidents of other boards of school commissioners, aft^r first having been qualified by any person authorized to administer an oath, shall have full power to qualify, by oath, their own body, their successors in office, and the managerfl of elections, for trustees of said school funds. 200 LAWS OF MISSISSIPPI. Sec. 2. Be it furih'-r enacted, That this act shaU take effect and be in force from and after it8 pae- ?age. Approved, January 25, 1862. CHAPTER CL. AWlCT for the relie of debtors to the School fund 'of the several counties. Sec. 1. Be it enctcted by the Legislature of fJt£ State of Mlssisfiippi, That all persons who on tk« 6th day of August, 1861, were indebted to the school funds of the several townships and couritieB of this State, and who shall punctually pay all the interest on such debts as the same may fall due, and who shall, when required, renew the said debts, with good and satisfactory securities, and who shall also pay all costs that have accrued in any suit brought thereon, shall be entitled to all th^ benefit and protection of an act entitled an act to modify the collection laws of this State, approved August 6, 1861, anything in the said act contained to the contrary notwithstanding. Sec. 2. Be it furtJier enaded, That this aei shall take effect and be in full force from and aftw its passage. Approved January 22, ,18Q2. CHAPTER CLL .,AH ACT to change the time of holdiag the Probate Court ' '" of Pike county. SectiO!? 1 . Be it enacted by the Legislatwre of the State of Mississippi, That hereafter the probata court of Pike county shall commence on the fourth Monday of each month, instead of the first Moa- day as now provided by law, and that tliis act tak^ effect from and after the teith day of February., 1862, Approved Jao«ary 25, 1862. LAWS ol» MissmHipri. 201 CHAPTER CLII. AN ACT to pro^?ide lor payment oi cohtf> in prosecu- tions sgainpt sUveB. Whkrbas, doubt exist" under the law a.s it novr - stands, whether costs incurred in the prosecution of slaves are payable out of the county or State treapury ; and whereas, the auditor of public ac- coonts called upon the attorney-general for hi.- opinion, who held that the law as it t*et forth in Hutchinson's Code, by which such costs and ex- penses were paid out of the county trea,^ 'jnd conditions as maj appear to ftaid boards, mo«i conducive to tiio ia- terests of the school-funds ot Sivid county or coun- ties. Sec. iJ. Be it further enacted, That the funds p , arising from the sale of the lands in these town- ^^^°^f^ ghips divided by the county line, shall be equally pfted divided between the counties of Tunica 'ind Coa- homii, to be aj:»plied to school purposes in the town- ships in which the said sixteenth sections so sold may lie. The order of sale to be made by the Boards of Police of Tunica and Coahoma counties jointly, and advertised in each of these coi nties, and sold by the sheriff of Coahoma county j^ t the Court-house door thereof. Sec. 3. Be it further enacted, That the land* lying in these townships in Tunica county, shall b$ under the exclusive control of the Board of Police of said county, so far as to order the sale and term« and conditions thereof, but funds arising from the sale thereof, shall be applied to the purposes of education in the township in which the land so ifiold may be situated, unless the inhabitants of the towuijhip shall petition the Board of Police to con- LAWS OP Miesissippr. 2.#S «olidate the fund arising from the sale with the Chickasaw school fund of said county of Tunica, ka that case, the Board of Police may exorcise their Kllscrction. Sec. 4. Be it further enarted, That the sheriffs of the several counties of Coahoma and Tunica, ^^^ ^^^* 5hall within ten days after the sale of these lands, moBio^. j>ay over to the county treasurer or Rchool commifj- j-noners of tiie proper county, all the proceeds ari- : *^iug from the sale thereof, made in acdordauco t© '"■ tiie order of ?ale, by said Board or Boards of Police, taking a receipt therefor, which receipt ^all be recorded in the office of the Probate Comi. of each county, and operate as a discharge f»-oin any further liability of the sheriff thereof. Sec. 5. Be ii further enacted, Tliat this act shall l*e in force and take effect fi"bm its passage. Approyed, January 22, 1802. CHAPTER CLIV. AN ACT to authortzw and require the Clerk of the Circuit, Ohaooerj and Probate Courts of Harrison County to re- move the records aod papers of bis office, and for other purposes. Sectiow 1. Be it enacted by the Legi-dniinre of the Slate of Mis-9i£sippi, That the Clerk of the Circuit, Chaucerj and Probate Courts of Harrison be and he is hereby authorized and required to remoye all the records and papers in his several offices to some safe place in or out of the county, beyond the reach of the invading enemy. A Sbc. 2, Beit furfJier enacted, That the Board -J of County Police make said Clerk an allowance for the ex peases of the removal of said records and papers, said allowance to be paid out of the county treasury. Sec. 3. Be it further enacted, That this act take effect aad be in force from and after it.! pa,-siige. Approved, January 22, 1862. 2^4 j.AWfj OP Miasifisippi. CHAPTER CLV. AN ACT for the relief of W. G. Martin, of Laiayott* County. Wh-reahv the assessor of taxes for the county, of Lafayette, in making out the tax roll for the jear 1860, committed an error in estimating the amount of the State tax on the personal property of W. G. Martin, of fifteen dollars, which excess the said W. G. Martin ha«paid to the Collector of taxes of said co»unty, and has his receipt for the same, therefore, . i Section 1. Be it enacted by the Legislature oftbe State of Mississippi, That the Auditor of Publi© Accounts be authorized and he is hertby required* to issue his warrant on the State Treasurer in favor of the said W. (4, Martin, for the said amount of fifteen dollars to be paid out of any money m the treasury not otherwise appropriated. Sec. 2. Be it further macted, That .this act take effect and be in force from and after its passage. Approved, January 25, 1'862. CHAPTER CLVi. iK ACT to limit th^ amount of the lery of the Countf Tax for Green County for general purposes. I Sbction 1 . Beit enaded hy the Leg-I^shtwe of t/te State of Mississippi, That the Board of Police of Green county shall not hereafter levy a county tax for general purposes to an amount greater than one hundred per cent on the State levy for the jean* JL. D. 1861, for general purposes. Sec. 2, Be it further e^mded, That this act 8h»H take effect and be in* force from and after its,, pas- «e. . :- -. . Approved, January 25, 1862. artf^K CHAPTER CLVII. AJS ACT for the relief of the Sheriff&nd County Treasurer ^of Leake and Attala ceuatios. Section 1 . Beit enacted by tht> LegialcUt^re of th^ State of Mississippi, That tho Preaidents of the boards of Police of Leake and Attala counties be Mid they are authorized and empoMrercd Ut take and approve the additional bomi required to be gireu by tho SherifiEn and County Treasurers of •aid counties, before they collect and receive any apecial tax required tx> be collected or received by them or either of them, in ca"f aiiy money in the treiwury not otherwise appro- priated, t<) each of the above named companies, to-wit: two thousand dollars to the Panola Cavalry and the like aum to the Tillatoba Greys, for the [)nrchase of sabrci?, or other necest^ary arras or aquipments for said companicvs now in the Confed- rate service, and" in Camp at Grenada, Misjjiaaippi. Siic. 2. Be it further enacted, That the Auditor of Public Accounts be and he ia hereby inatructed to draw his warrant on the State Treasurer for the sum of two thousand dollars, in favor of Capt. W. G. Middleton, and for the like amount in favor of W, S. Eskridge, out of any money in the trea- sury not otherwise appropriated, pi'ovided aaid W. G. Middh>ton and W. S. Eskridge' shall each first execute his b*5ud for the safe keeping and delirert to the State of Mississippi of said sabres or othei- irittarms and equipments so purchased, at the expira- tion of the time of enlistment. Sec. 2. Be it further eva/ied, Hiat in'the CTcnt ' the above named companies, or either of them, .should be attached to the regiment now forming by Col. Starke, that the said Col. Starke be and So i» hereby required to return to the ti-eaaury of thf; ''^^ State the amounts herein appropriated to said eoi»r **^ Imnies or either of them. V Approved, January 22, 1802. CHAPTER GLIX, AN ACT in relation to the naTigation of Deer Creek fcy Keel-boats and other water-craft, so far as the same re- lates to the County of Issaquena. SECTiOJf 1. Be it enact fd hy the legislature of the Stxite of Mississippi, That whenever any keel- '**!, boats or other water-craft in navigating that por- tion of Deer Creek lying in the County of Issa- ^ «', That Rel>frca Col lirK«, the wife ol* J. W. Collins, of Green county, be and she is hereby relieved of her civil disabilities of minor- ity, so far a,s to enable her jointly with her husband to execute a decil of conveyance to any. purchaser* for the follo\ring parcels of land, to-wit : The south half of fractional fH^x'tion eleven, township five, range six went ; the north end of fractional section fourteen, township five, range six, west, bounded as followf), to-wit : Commencing at Ca-s- well's Bluff, on the wc'^t pide of Chicka?ahay rivoi and running due west to the flection line, thence with the said line to the north-west corner of said section, thence cast to the paid river, and thence with said river to the place of beginning ; all lying and being in Green county in this State, therel>y ^' transferring to such purchaser all of her right, title and intercut in and to ^aid land as fully and a.s validly as she could do if 8ho -vrere of |he age,, of ,i, twenty-one years. ' , Sec. 2. Be it further f'naci€d''d, That three fonrfhs of said Boai-d .shall be mernbcrs of Baptist churches. BfM". 2. B^ it fnrtht'r fjiackJd, That so much of action 3of Ujc'above it?cit<3d act as gives to the Ya/>oo Baptist Association the power to appoint annually a Board of Trustees for iraid College be and the 8aaie is hereby repealed. Sec. 3. Bf it furthei' oiaded, That this act *hall take effect and be in force iram and after its passage. T^' Approved January 22, 1862. LAWS OF MISSISSIPPI. %9 CHAPTER CLXIIL i 'AN ACT to repeal an act entitlied an act to incorporate tho .•^..,, town of Gallatin. *,. t Section, r. Be it enacted by the Legirskuurc of the State of 3Iissisaippi, That the act entitled an act to incorporate the town of Gallatin, in Copiah county, approved February 4th 1829, be and the same is hereby repealed, and that this act take effect and be in force from and after its passage. Approved, January 18, 1.^02. CHAPTER CLXIV. AN ACT to extend the time for the payment of taxes in the o^ce cf the Auditor of Public Accounts by persons own- . ing property in counties in which they do not reside. .Section 1. Be.itenaited by the Legislahire'o/ the State of Mississippi, That the time allowed oy law to persons ow^ning property in counties in which they do not reside within which they may pay taxes on such property 'in the office of the Auditor of I^iblio Accounts, be, and the same is hereby extended to the first Monday in May next and that the same shall be paid in said office by such persons pm-suant to the terms and conditions prescribed in chapter 3, section 8, article 32,9f the Kcvised Code, any law to the contrary notwith- standing, and the Auditor sliall transmit to tjie several collectors a list of such payments by tlie first day of June loUowing ; Provided hoKcvtr^ That nothing in this act contained shall be under- stood or construed to extend or interfere with the time now allowed by law for the payment in the Auditor's Office of that portion of the State Tax known as the Military Fund, levied under the or- dinance of the State Convention, but all pi rsons authorized and desiring to pay the said Military Fund Tax to the Auditor, shall pay the same on or L— 23 1 10 LAVl f MiKSftWir^U before the last day of Febmarj next, and the Audi- tor shall tranBmit to the aeroral colleotors a list of «uch payment by the first day of April next. Sbc. 2. Be it further enaded, That all lawi and parts of laws noir in force conflicting with th« provisions of thia act b6 and the sama arc repealed, and that thia act take effect and be in forc« from and after its passage. Approved, January 28, 1862, CHAPTER CLXV. An ACT to change the names of Rose Elizabeth Christine Pradat, Alice Caroline Arcene Pradat, MathHde Louise Pradat, and Camfelle Christopho Amaauel Pradat, aad for other purposes. Section 1 . Be it enacted by the Legislature of the State of Mississippi, That Rose Elizabeth Chris- tine Pradat, Alice Caroline Arcene Pradat, Mathilde Louise Pradat, and Camielle Christopho Amanuel Pradat, shall hereafter be called and known by the name of Rose Elizabeth Christine Toledano, Alice Caroline Arcene Toledano, Mathilde Louise Toledano, Camille Christophe Amanuel Toledano, and by said names may sue and be sued; plead and be impleaded in any court of law or equity. Whereas, Christophe Toledano, the natui-al father of the persons mentioned in the first section of this act, has since their birth married their mother Miss Mathilde Pradat, and both father and mother being anxious that they should bo made capable of inheriting their estates. Sec. 2. Be it further enacted, That the said Rose Elizabeth Christine Toledano. Alice Caroline Arcene Toledano, Mathilde lionise Toledano, Camille Christophe Amanuel Toledano, are hereby declared to be the lawful heirs, and made capable in law to inherit from the said Christophe Tole- dano and Mathilde Toledano, in the same manner as though they had been born in lawful wedlock. lawb or MISSISSIPPI. ^ittk Sbc. 3. Be it further enact«i. That this act taie effect and be in force from and after its passage. Approved, January 22, 1862. CHAPTER CLXVI. AN ACT to authorize William Noel, Administrator of the estate of Samuel Sample deceased, to purchase certain land. Section 1. Be it ejuwted hy the Legislature of the State of dfississippi, That William Noel, Ad- ministrator of tlie estate of Samuel Sample deceas- ed, late of the couatj of Holme?, with the will annexed, be and he is hereby authorized to pur- chase of Rolin Williams of said county, upon a credit, a tract of land, situate in said county, ad- jacent to or near the plantation of said Samuel Sample, containing about three hundred and twen- ty acroe, for the legatees of said testator ; Provided however, That the Probate Court of said county, shall approve of the purchase and the terms thereof, And provided further. That said Administrator Bhall be required to take good and sufficient title to said land, in the name of said legatees k) be ap- proved by said court and to record the same in the Clerk's office in said county. Sec. 2. Be it further enacted, That this act shall be in force from and after its passage. Approved, January 22, 1862. CHAPTER CLXYll. AN ACT supplemental to an act entitled an act to authorize Railioid Companies in this State to issue notes to be cir- culated as money, approved December 20th 1861. Section I. Be it enacifdh,' the Legislatvre of the State of Mississippi, lihiii in addition to the amount, of notes already alluwctl jp') lutliorized to be issued and rc-issueu i>\ m .AUflroad Companies named in the act to which inis is a supplemeutj. •**12 -IXAWSOF MISSTSSIPPT. the following" named Railroad Companies, may Amount issue and re-is?iie reppectively, these additiooal "issued by sums, to-wit: The Mississippi Central Railroad R. R. com- Company, one hundred and fifty tliousand dollars ; ipauies. ^i^g Mobile and Ohio Railroad Company, two hundred thousand dollars; the Southern Railroad Company, one hundred thousand dollar? ; the Mississippi and Tennessee l'«ailroad Coiiipany, *'^ seventy- five thousand dollars; the West Eelidna "''■Railroad Company, thirty thousand dollars' and the Grand Gulf and Port Gibson Railroad' 'Com- v,pany, the sum of three thousand dollars with all ^, the powers, rights, privileges and immunities, and ,.j3ubiect to all the limitations, restrictions lorfeit- ff- ures, and penalties, exj)ressed or imposed in and by the said original act. and that the North East and South West Railroad Company be authorised to have the benefit of this act. to an amount not exceeding ten .thousand dollars, and that said Company shall establish and keep an office in 'ihe town of Marion in Lauderdale county for the re- demption of the notes issued b}'' it under this act. Sec. 2. Be it further enacted, That said notes issued under this act or the act to which' this is a Notes, su})pleraent may be of any denomination of five when re-..dollars or uuder, and not less than five cents, and doomed, ghyll always be redeemed as provided for iii the oi'iginal act, when j)rescDtedin sums of five dol- lars or its multifile, i^aid n»tes shall be signed and countersigned, as povided in the act to which this is a sup|)lenient oitlt<'r by the President and Sec- retary or Treasurer of said companies respectively or by some other jierson or persons, specially de- puted in writing by the President or Board of Directors of the respective Railroad companies ht'ifin named. Sec. B. B H furth'iv /nadedy That the Mem- Officeat P^''^ and Charleston Railroad company ai-e hereby luka. authorized to issue and and re-issue an amount of notes untler the pi'ovisions of this act, and the act \ to which this is a supplement not exceeding, two hundred and fifty thousand dollars, and the said M'tni>his and Charleston Railroad Company shall estaWlif^li and Wave an oHice at the town of luka in tlii- State, where it sliall redeem, its notes iasued .'tAWB OF MISSISSIPPI. 218! under tlie provisions of this act and the act to which this is' a supplement and sliall in all things, so far as the issuance, re-issuance and redemption of the notes allowed to be issued under this act by said company be subject to the laws of this State. ^g. Sec. 4. Be it further enacted, That Macou in Macoa ' Noxubee county in this State, be and the same is hereby designated as the point for the redemption of the notes issued •by the Mobile and Ohio Rail-ro road company under this act. •■' Sec. 5. Be it further enacted, That should eith- er of the Railroad companies authorized to issue Penary notes to circulate as money, refuse to receive the r^' i"eru!*- bills of any of tlie roads authorized by this act, or '"^ ""^ "^ the act to whicli this is a supplement in payment i of freight or y)assage on their road, at ])ar, such-^^o Railroad company shall forfeit and pay to the per- •■ son or persons aggrieved, by vsuch refusal, double the amount of the notes so refused to be received, in any CQurt having jurisdiction thereof. SeC!. 0. Be it further cnaclcd, Tliat this act take eflect, and be in force from and after its ac- ceptance by a majority of live stockholders present at any annual or convened meeting in person or by proxy of the said companies respectively and filing a copy of such acceptance, in the office of . Secretary of State, so far as to bestow on said^'t Railroad companies respectively, all the powers and privileges, intended to be conferred by this act, and the act to which this is a supplement, •wl Sec. 7. Be it further maded. That the pre- sident of each Railroad company, herein named shall make oath before some person having legal authority to administer the same, that he will not sign or it-sue or authorize to be signed or issued,, any larger amouiit of said notes of circulation thatf ' the aggregate suih to which his company is limi- ted by this act and the act to which it is a supple- ment, wjiich affidavit shall be deposited in the office of the Secretary of State, and if any other person sliall be deputed to sign such notes instead^ of the President of any of said Railroad companies, then such deputy shall take the same oath to be deposited, with that ot the President of the same company as herein provided. Ml* LAWS or Missrssippf. Sec. 8. Be it further enacted, That if any holder of the notes of circulation issued by said Railroad companies be presented at the proper office of redemption and the same be not redeemed according to the requisitions of the act to which this is a supplement, such liolder of said unre- deemed notes, may then present the same again in Bums of twenty dollars, if aggregate sum by him or her held exceed that amount, and demand that the agent at the redemption oflfice shall give to the presenter, written acknowledgment of said pre- sentation and refusal to redeem and thereupon the said holder shall have the right to institute suit, before any justice of the peace in the county where said redemption office is located by pervice of pro- cess on the said redemption agent, and it shall be the duty of such justice of the peace to render judgment on each acknowledgment against said Railroad company, for the amount of all such notes with ten per cent, damages, and issue execution instanter, against said company, and the said plaintiff shall be entitled to collection and satis- faction of said execution according to law, out of any property belonging to said company, any law to the contrary notwithstanding. If such agent refuse to give the said required ackitowlodj/mont then on proof by any witness of such refusal the plaintiff sliall be entitled to judgment and execu- tion in same manner with damages to extent of twenty per cent. Approved, January 22, 1862. CHAPTER CLXVIII. AN ACT for the relief of J. 8. Yerger, Judge of the third Judicial District of the State of Mississippi. Section 1. Be it enacted hy the Legislature of the State of Missi.ssipjn, That Jacob S. Yerger Judge of the third judicial district of the State of Mississippi, be dnd he is hereby authorized, to be absent from the State of Mississippi, at such times and for such periods, as will not interfere with the holding of the courts in said judicial district. Approved January 18, 1862. Li.w« OF mssisBippt* its CHAPTER CLXIX, RESOLUTION is r«Ution io •arellod bllUu JStiohed by the Senate (the House concurring) That all bills passed by this Legislature and which have been enrolled shall lie over as unfinished bu- einees until the meeting of the Legislature in Jan- uary next. Approved, January 15, 1862. CHAPTER CLXX. AN ACT t« increase the p* j of the Clerk of th« Criminal Coort of Warren countjr. Section 1 . Be it enacted by the Legislature of the State of Mviinssippi, That the Clerk of the Crim- inal Court of Warren county hereafter be allowed the gum of two hundred dollars for his services and attendance as Clerk o^ said court in lieu of the amount at present allowed by law, to be paid out of the county Treasury. Sec. 2. Be it further enacted, That this act take effect and be in force from and after its pas- sage. Approved January 15, 1862. CHAPTER CLXXI. AN ACT to amend chapter 8th of the Rerised Code entitled an act establishing the fecR of certain officers, so far as relates to the Clerks of the Chancery and Probate Courts of Adams county. Section I. Be it enacted by the Legislature of the State of Mississippi, That the Clerks of the Chan- «erv and Probate Courts of Adams county shall be authorized to receive for copies of each bill, an- nrer, or other paper, for every hundred words the 216 LAWS OF MISSISSIPPI. 8uni of fifteen cents instead of ten cents, now allow- ed by law. ■ ■' '.-r:- .-, v(i..:. .1- .. .V..- • • Sec. 2. He it lurlJier enacted, That this act take effect and be in force from and after its passage.' Approved January 15, L8G2. ! ; CHAPT.Rll CLXXII. AN ACT to remove the civil disabilities of Joseph D. Quinn, a minor of Panola county. . f\ ' ■ ' ■ , Whereas, Joseph D. Quinn, a minor of Panola county, now about twenty years of age, has volun- teered and gone into the service of his country ; and whereas the said Quinn has negro property in the hands of his Guardian, and wishes to take with kim a boy to cook for him and mess, to which his said Guardian has no objection, provided, the', disabilities of his said ward be so far removed as*t to -authorize him to receipt for such negro ; there- t fore, Section 1. Be it enacted by the Lec^islatwe qf ■> the State of Mississippi, That the disabilitias of minority of Joseph D. Quinn of Panola county be,;; and the same are hereby so far removed, as to ena- ble him to receipt to his Guardian for oae negro boy to take with him to the war, but no further, nor for any other purpose, and that his receipt to his said Guardian to tliis purport and extent shall be as full, ample and binding as ifi the said Quinn had attained the full age of majority under our statutes. ' ' ' '■ *sent in force in this State. Also showing the amount received for .the redemption of tlie Treasury notes, issued for miUta- U8 LAWS Of tiasu»iFn, * Tj purposes by order of the Convention, and the amount of gold and silver received on account of said tax for the redemption of ^aid Bonds or Treasury notes. Approved, January 29, 1862. CHAPTER CLXXV. RESOLUTION in relation to th« shipment of cottOD. Resolved by the Legislatiire of the State of Mvh sissippi, That this Legislature do recommend to the Congress of the Confederate Governments the propriety of prohibiting by stringent legislation, the exportation of cotton from any of the ports of the Confederate States, unless in exchange for cargoes of arms and ammunition, or articles of prime necessity, to be delivered before any cotton shall be exported. Resolved further, That a copy of the above reso- lution be trangmitted by the Secretary of State to each of our Representatives, at present in the Pro- visional Congress, and also to each of our Senators and Representatives elect to the Permanent Co»- gres^ of the Confederate States. Approved January 29, 1862. CHAPTER CLXXVI. RESOLUTION outhoriiing the GoTtrnor to um eerttia mooejs. Resolved by the Senate (the House concurring), That the money received from the Confederate States or may hereafter be received in payment foi*^ funds advanced by the State of Mississippi in fur-j nishing arms and equipments of soldiers in the Confederate service, may be used by the Governor in purciiasing arms and munitions of war for the defense of this State or of the Confederate States, or for securing the issue of the Treasury notes to be advanced upon cotton, provided that the Got*^ ernor should not be able to procure a suflBcieo^^ M.W8 OF MlfiSiaBIPPI, Sflt amount under the proyiBionB of an act passed at the present session to pay the Confederate tax of this State. Approved, January 28, 1862. CHAPTER CLXXVn. RESOLUTION relating to claims agaiust the LunatM * Asylum. Resolved (the Senate concurring) That the Audi- tor of Public Accounts be and he is hereby auth- orized to isBue hie warrant or warrants on th« Treasury, in favor of all claims held by any per- son or persons against the Lunatic Asylum, which shall be certified to be correct and allowed by th« TrnstooR of the Lunatic Asylum^ and shall be paid out of the fund already appropriated for the use of said Asylum. Approved, January 29, 1862. CHAPTER CLXXYIIL AN ACT for the relief of Edwin J. Coleman, a minor of Bolivar county Miseissippi, aod for other purposes. Section 1. Be it enacted by the Ijegialature of thi State of Missistnppi, That the civil disabilitieg of Edwin J. Coleman, a minor of Bolivar county, Mij*sis8ippi, be, and the wime are hereby so far removed, as to authorize him to qualify and act as the Administrator of the rights, credits, goods and chattels of his father. William Coleman, deceased, late of said county, and he is hereby empowered when duly apj>ointcd and qualified as such Ad- ministrator, to discharge all the duties of said office ae if he wer« of full age, — and subject to all the liabilities incident thereto. Sec. 2. Be it Jurther evavfed, That the Pro- bate Court of said county in its discretion, is here- by authorized to appoint said Edwin J. Coleman, 220 'liAATS OF MIRSISSimM. administrator of said dcccdeni ut'deV tnc^Vclff!^y tions now provided by law for the appointment bf Administrators. •. < (' , ■.• Sec. 3. Be it further' encCtted, Tliat this act be in force from and after its passage. Approved, January 25, 1862. cHAPTEg,;(:!t.,xxix. oiTUJO&aa RESOLUTION in relation to the Women of the State, of Mississippi and the Confederate States. t ., iidsotvcd hy the Legishturei I'lifit t^'e worh'cn' of . the State of Mississippi and' of tlio Confederate.. States, for their exertions in behajf of the cause of Southern Independence, are entitled to the hearty thanks of every lover of his country, and this Lc-' gi^lature acting from a sense of justice land of grat- itude, in the name of the State of Mississippi, hereby extend to thorn individually and collectively the sincere thanks of the peo[)lo of this State, for their noble efforts in aiding the caasc of our com- mon country. ^Approved, January 28, 1862. RESOLUTION; in relation to the twelve months Volun- ; tcers now in service. It: Highly appreciating the important and valuable ficrvices rendered- to the great cause in which we are engaged, by the brave volunt-ccrs of our State, Be it Resolved by the legislature of the State of Mississippi, That we tender our warmest thanks to all our men, as well our soldiers as our of^cera, and assure them that so long as the honor of our coun- try in in their keeping, we feel that it is safe. Be it further resolved, That feeling the vast _ iiti- portance of retaining an organized and disciplined force in the face of the enemy, we do most earnest- ^.jj^w^ OF. i^i^s^ssippi , 221 ly i^pcouimcud to. our twelve months volunteers .again; to t, IS02. CHAPTER CLXXXI. AN ACT for the benefit of Janaes McAmis. Section' 1. Be it enadalhy the Legislature of the State of Mississippi, That tliesum of fifty-seven dollars ami (*int, think it anwif^ to titer or reduce the pay now given to the oflScera in the Confederate army, then yonr mcmorialiBt' would most rot*pectfully a^k Congress to increa«) the pay of privates in the Confederate army to fifteen or twenty dollars per month. Resolved, That the Governor bo instructed to fiimish a copy of thif< memorial to our penaton* and representatives in Congre??. Approved, January 29, 1862. CHAPTER CLXXXIII. AN ACT for the relief of Miles H. McG«hee. Section 1. Be it enacted hj the. Legislature of the State of Mississippi, Tliat there be refund(Kl to Miles H. McGeheo the sura of eighty dollars, being the amount paid by him to the State on the 23d of April, 1853. for the purchase of lots 35, 36, 37 and S8, in Bcction one, (1,) township twenty-four. (24.) range seven, (7.) west, sold to said McGehec as "swamp land," but which land was held by the State 38 '"Chickasaw pchool lands," and as such was sold by the State to James T. Rucks, from whom said McGchee. in order to perfect hir» title, afterwards purchased. Sec. '1. Be it further enacted, That this act shall take effect and be in force from and after its pas- sage. Approve Section 1 . Be it enacted by the Legid.U ure of the \ instate of Mississipjji, That all persons receiving the benefit of the provisions of this act to which this is amendatory shall ,be liable and are hereby Interest declared to be bound to pay interest at tlie'rate'of paid. eight ])er cent, per annum on the amount of his, her or their levee tax, the collection of which "was sus- pended under the operation of said original act from and after, the first day of April in each year in which the same was heretofore assessed, and became due and payable, to be collected with the principal of said levee taxes at the expiration of the term during which the collection of, the'^same is suspended by the said.ax5t'^to.^i^ljii^li Ithis ig an amendment. Sec. 2. Be it further enacted, That the Board of Levee Commissioners organized under the ori- Salaries of gj^al act of December 2d, 1858, shall be restricted '^ '^^' as follows, in fixing the salaries of the officers of said Board and of the Engineers acting under their authority, viz : The salary of the Chief Engineer shall not exceed the sum of two thousand dollars per annum, and the pay of assistant Engineers shall not exceed the rate of one .hundred dollars per month, and they shall receive compensation only for the time during which they are actually employed. The offices of secretary ai^l treiisurer shall bel)lended, and shall Ijc* filled liy one aiidthe same person who shall receive for his | services not exeeedidg fifteen lumdred dollars jicr annum. The Commissioners shall elect one of their own njiiul^er to act as President of the Board, which. Cdminis- sioner-so elected shall continue to represent in the Board of Levee Commissioners the coi^ntv which may have elected him to the said Board, anything in the act of which this is amendatory to/the con- trary notwithstanding, and the said President shall receive the com)iensatron now allowei^ to a Com- missioner of the Board and nothing more. , Sec. 3. Be it fitrthcr enactid, Thiit all'moneys LAWS OF MISSISSIPPI. 2ft^ hereafter received or collected under or by virtue of the provisions of the twenty-first section of an act entitled "'an act to aid in repairing and perfect- ing the levee of the Mississippi River in the coun- ties of DeSoto, Tunica, Coahoma, Bolivar, Wash- Mesfry, iugton and Issaquena, approved December 2, 1858, h o v'mv' shall be exclusively appropriated by the Board propriaUd. of Police of llie several counties in., which it is collected, to constructing, building or repairing the levee laid off and approved by or under the order of the Board of Levee Commissioners, crea- ted by the act in whicli ?aid twenty-first section i*i contained, and is part of and shall be used for no other purpose, or in the construction, building or repairing no other levee wliatevcr, any provision of the twenty fii*st section to the contrary notwith- standing. Sec. 4. £c itfwiihcr enacted, That all acts and parts of actvS in conflict with the provisions of this act be and the same are hereby repealed, and that this act shall take effect and be in force from and after its passage. Approved, January 2/), 1862. CHAPTER CLXXXVIL .TOINT RESOLUTION.. Resolved by the LegiskUure of the Slate o/" Mis- sissippi, That the Governor be requested forthwith to order the disbanding of the sixty day troops of the State, now at liowling Green and Union City, The Brigade under command of Gen. Davis to be disbanded at Corinth, and the Brigade under Gen. Alcorn at Holly Springs, and that the Quar- ter-master give each volunteer free transportation to his home from the place of his discharge. Approved, January 17, 1862. ■ -24 LAWS OP MISSISSIPPI. CHAPTER CLXXXVIII. AN ACT to legalize nnd confirm the sale of certain lands in Neshoba County. Section 1. Be it enacted by the Lpgislatvrf of the State of Mississippi^ That tlio b'ale of the south- west quarter of the north-east quarter of section twenty-eight, township eleven, range thirteen east, being in Neshoba county, made by virtue of the Probate Court of said county, be and the same is hereby ratified and confirmed. Sec. 2. Be it further enacted, That this act take effect and be in force from and after its passage. Approved, January 25, 1862. CHAPTER CLXXXIX. RESOLUTION authorizing the State Librarian to purchase certain books. Section 1. Be it resolved by the Legislature of tJie State of Mississippi, That the State Librarian be authorized to purchase for the use of the State Library one copy of a work entitled "Trotter on Slavery " and written by Gen. W. B. Trotter of this State, the cost of said work not to exceed one dollar, and to be paid out of the fund appropriated to purchasing books for the State Library ; also, one copy ot Physical and Moral Aspects of Geolo- gy, by W. J Barbee, of Mississippi. Approved, January 29, 1862. LAWS OP MISSISSIPPI. 227 CHAPTER CXC. AN ACT to procure .igricultural and mechanical statistics and to excite a spirit tor agricultural progress throughout the State. Section 1 . Be it enacted by the Legislature of the State of Mis'^issippi, That it shall be the duty of tha Secretary of State, after a blank form, or copy of blank embracing the interrogatories in second section of this act shall be furnished him by the - .*° j President of the Agricultural Bureau, to have said j^ asses- blanks printed and a number corresponding to sors. number of persons liable lo assessment in each county annually hereafter forwarded to the Asses- sor of each county, with the request that he hand one to each person assessed who in turn will request that the blanks be filled and returned to him as suon as practicable. The Assessors are re- quested to return all that are returned to them by *the first of October of each year to the Secretary of State, who shall, without delay, transmit them to the President of said Agricultural Bureau. Sec. 2. Be it further enacted, That the interrog- atories to be propounded and answered are aa follows : Number of acres planted in cotton, number of iDales, with average \reight produced, kind of land planted, manure used ; number of acres planted in corn, number of bushels gathered, manure used ; number of acres planted in wheat, int«rrog> number of bushels raised ; number planted in rye, a tories number ])lanted in oats, the yield of each number to ^ wi- of acres planted in grass ; kinds best for land and sweied. climate ; best for grazing ; best for hay ; number of acres in sweet potatoes, the yield ; in Irish pota- toes, the yield ; turnips, probable yield ; number of horses, number bouglit ; number of mules, number bouglit , treatment ; number of cattle, number sold; number of pounds of butter sold, price ; number of sheep, number sold ; number of pounds of wool clipped; number killed by dogs, breed ; number of hogs ; number of pounds of pork, hams and ba^on put up ; amount sold ; system of feeding, best breed ; number of acres in vineyard ; kind of grape best for climate and wine ; number of gal- 2M LAfm •¥ Mjjsesssipn. Ions of wine ; kind fruits grown, best for climate ; amount of leather tanned ; number of yards of cloth, woolen and cotton made ; number of farm implements ; what invented in the different branch- es of mechanics, number manufactured. Sec. 3. Be it further enacted, That this^act be in force from and after its passage. Approved, January 25, 1862. CHAPTER CXCI. AN ACT to proTide for the defence of the country. Section 1. Be it enacted hy the Legislature of the State of ATississippi, That the Governor of this State be and he is hereby requested to issue his proclamation immediately, calling for ten thousand Ten thou- "volunteers lor the defense of the country, to ren- I a n d dezvous at such time and at such places, and in troops such numbers as he may designate, within the limits «JIed out. of this State, Provided, however, that such volun- teers shall only bo required to rendezvous as fast as provision has been or shall be made for their Hupport, and for tonts and camp equipage. Sec. 2. Be it further enacted, That said volun- Term of ^^^^^ shall be enlisted in the military service of MTTice. ^^^^ State for the term of twelve months from the date of their said enlistment, with the right on the part of the Governor to transfer said troops into the service of the Confederate States, for any tcnu not exceeding twelve months from the date of their said enlistment, upon any call for said troops*^y the President of the Coufecjerate States. Sec. 3. Be it further enacted, That should a suf- ficient number of volunteers not be obtained after a reasonable time, to meet the said call, then, and in _^ that event, the Governor is hereby requested to Reordered '^^^^^ ^ draft from the militia to complete the same, which troops so obtained by draft, shall be enrolled in the service of the State for the term of twelve months from the date of their said enrollment, and Bubject to transfer to the service of the Confederate States, as herein provided in relation to the volun- LAiTO OP >aa'5i8sippf, 2Cf teers, Provided, that any ])Or&on po drafted maj obtain a substitute in accordance with the provi- sions of the act reducing into one, the militia and volunteer laws of the State. Sec. 4. Be it further maclcd, That tlic monthly pay of said troops shall l)e the same as that al- **y* lowed in the army of the Confederate States, Sec. 5. Be it further enacted, That all money, or other funds, that are now, or hereafter may be in the treasury, and not otherwise specially appro- priated, arc hereby appropriated to the organiza- tion, equipment, support and payment of the said troops, and shall be paid out upon the order of the Governor, drawn upon the Auditor, who shall draw his warrant upon the Treasurer for the same. Sec. 6. Be it further enaaiecl, That all money or other funds that may hereafter be obtained from the Confederate States in discharge of the indebt- edne-ss due by said States to the State of Missis- sippi, not otherwise specially appropriated, are Appropri- hereby appropriated to military purposes generally, ation. and as far as may be deemed necessary, in the opinion of the Governor, specially to the organiza- v tiou. equipment, support Hud payment of the troops herein re*^ *> the said certificates, as other money in the Treasu- "<>°*>' ry is disbursed by law. Sec. 2. Be it further enacted, That the Boards of Police of the several counties, and the corporate authorities of the several cities and towns of the State, are hereby authorized to make similar agree- ments with the said Secretary of the Treasury, for the postponement of the collection, or for the pay- ment of the taxes due, or to become due, to such counties, cities or towns respectively, for which the property of alien enemies is liable. LAWS OF iiississim. Sec. 3. Be it Jurther enacted, Tliat whenever the property of an alien enemy, sequestered or lia- ^^ fQ ble thereto, has been or shall hereafter be sold for taxes, the Secretary of the Treasury of the Con- federate States shall be and he is hereby authorized to redeem the same, by the payment of the sum or sums required to be paid by citizens in such case, or by the issue of certificates therefor, as provided in the first section of tliis act, should he deem it advisable. Sec. 4. Br it farther enncted. That tliis act shall take effect from its passage Approved, January 29, 18G2. ■©.tfJi ffCt CHAPTER CXCIV. AN ACT to provide for the collection of arms. Section 1 . Be it enacted hy the Lesrislature of the State of Mississippi, That it is hereby made the duty of the Sheriffs and their deputies of this State 1^ to proceed immediately to collect all guns of eve- rj kind (unless those not worth repair.) as well as all navy or other pistols suited to Cavalry service, in their i-espective counties by calling upon each citizen and demanding the surrender to him of said arms ; and it sliall be the duty of the Sheriff to demand ot each citizen to make affidavit that he has surrendered as aforesaid the arms in Ills possession — only reserving to himself the one <».xempted under this bill ; and upon the failure or refusal of any citizen, to make said affidavit or to give up his arms, as herein provided, he shall be deemed guilty of a misdemeanor, subject to indict- ment, and upon conviction shall be fined in a sum not less than one liundred dollars, nor more than five hundred dollars, and it shall be the duty of the ^ Sheriffs and deputies aforesaid to return to the grand juries information in reference to any refusal to make the affidavit and surrender of arms as aforesaid ; Provided, however, that all members of volunteer companies now formed, as well as any .head of a family, and all persons subject to militia- guns. LAWS OF MISSISSIPPI. SSt ry duty, shall bo entitled to retain one gun, said gun to be selected by them if they should own, or be in possession of more tiian one. Sec. 2. Be tt further enacted. That said sheriffs or deputies appointed by them, shall number said guns as they are received, keeping a list thereof,. "J^** and setting opposite the names of the owners, the bered. number of said guns, the same, when so received shall be collected at the point most convenient for shipment to such point hereafter mentioned, am may be most convenient to tlie respective counties of this State ; and when so collected shall be valu- ed by tliree competent commissioners to be ap- pointed by the Probate Judges of tlie respective counties of this State, and said commissioners shall make two lists of said valuations setting apposite the numbers the valuations thereof, said lists to be certified to by them, one copy to be fded in the sheriffs office of the counties respectively : the other to be filed in the office of the Chief of Ord- nance. Sec. 3. Be it further enacted. That said arms, when so collected and valued, shall, under tlie di- rection of said shorilYs or deputies, be forwarded Wh«r« by the most expeditious and convenient route to ">r^a™ed cither ©f these points, viz : Vicksburg, Natchez, Brookhaven, Enterprii-e, Jackson, Grenada, Holly Springs, or Aberdeen, as may be most convenient to the counties respectivelv. Sec. 4. Be if further 'enactnf, That the Chief of Ordnance is hereby required to appoint a com- Inspector petent Inspector for each of the a.bove points whose appointed, duty it slmll be to receive said arms so shipped to the above points respectively, and expeditiously to have such re})airs made to said arms as may most effectively fit them for service, and upon such terras as may be most advantageous to the State. Sec. 5. Be. it further enacted, That said sheriff's or deputies be allowed the sum of one dollar for ^*f rf each and every gun so collected, valued and ship- 8^fir»ff*»* ped, as before provided : and said commissioners^™™ * " and inspectors the sum of three dollars per day for the time actually employed in their duties as here- in provided, — their accounts to be approved bj the Chief of Ordnance and paid by the Quarter- Mastcr General. 284 LAWS OP MISSISSIPPI. Sec. 6. Be it further enacted, That upon the approval of the lists of valuation as herein provi- Bond and ^^^' ^^^ sheriffs of the respective counties of this security State, or in the absence of any sheriff now in raili- lobegiren tary service, his deputy shall, upon entering into bond in the penalty of twice the valuations as re- turned, conditions for the payment of the same to the parties to whom entitled, as by the certified lists of said valuations on file in their offices, may appear, with two good and sufficient sureties to be approved by the Governor ; said sheriffs or depu- ties shall receive said amounts due their counties respectively, and pay upon demand of parties enti- tled thereto. Sec. 7. Be it further enacted, That the Govern- or immediately issue his proclamation commanding said sheriffs or deputies, to immediately enter upon the discharge of the duties prescribed herein. Sec. 8. Be it fM-ther enacted, That this act take effect and be in force from and after its passage. Approved January 29, 1862. CHAPTER CXCV. AN ACT to authorize the Mississippi and Tennessee Rail Eoad Company to construct a branch road through the counties of Tallahatchie, Carroll, Holmes, Yazoo, and Madison, and for other purposes. Sec. 1. Beit enacted by the Legislature of the ligation. State of Mississippi, That the iVIississippi and Tennessee Railroad company are hereby author- ized to construct from the most convenient point of divergence on said road, a branch road through the counties of Tallahatchie, Carroll, Holmes, Ya- zoo and Madison. Said railroad shall be located through or in the vicinity of Greenwood, in the county of Carroll, terminating at Canton. City of gj,(.^ 2. Be it further enacted, That the mayor may mh- ^^^ aldermen of the City of Jackson, may sub- 8 r i b e scribe the sum of one hundred thousand dollars to $100,000, the capital stock of the Mississippi and Tennesseo LAWS OP MISSISSIPPI. 235 railroad company, upon the terms and conditions agreed upon and sanctioned by a vote of the citi- zens thereof, on the day of , 1860. Sec. 3. Be it further enacted, That the Mis- sissippi and Tennessee railroad company shall -^jj^^ ^^ commence the construction of said branch road, comm'nce within four years from the passage of this act, and finish it within seven years thereaitcr. Sec. 4. Be it further enacted, That said rail- -g. , . . road com])any shall have the right to construct construct such bridges as they may deem necessary to the Bridges, safety and interest ol' the pulilic and of the com- pany ; the material may be of iron or wood, or both, at the discretion of the company. Sec. 5. Be it further enacted, That all the rights, privileges and disabiliiics contained in the charter of the Mississippi and Tennessee railroad company, and the amendments thereto, be and the Privileges same are hereby conlerred upon said company, for <^o"'®"^"» tiie purpose of constructing the branch road herein authorized to be built by the Mississippi and Ten- nessee railroad company : Provided, a majority of tiie stockholders of said company, at a meeting called in accordance with the charter, adopt this amendment as a portion of the original charter of «aid company. Sec. 6. Be it further enacted, That this act shall take effect ani be in force from its passage. Approved January 29, 1862. CHAPTER CXCVI. AN ACT to suspend for a limited time certain parts of the statute of limitations. Sec. 1. Be it enaciedhy the Legislature of the State of Mississipjn, That all acts limiting the time for commencing actions founded on bonds, promissory notes, bills of exchange, open accounts, or other contracts for the payment of money; and all acts limiting the continuance of judgment liens, and the time for issuing executions on judgment, and all acts limiting the time for commencing suita •230 LAWS OF MlSSiaSIPPI. to enforce mechanics liens, be and the same aro hereby suspended until twelve months after the close of the present war, or until otherwise pro- vided by law; and that this act shall take effect from its passage. Approved January 20, 1862. CHAPTER CXCVII. AN ACT to ariiend chapter 6, section 7, article 82 of the Revised Code, in relation to compensation for printing bills, resolutions, &c. Section 1. Be it enacted by the Legislature of the Stat'' of Mississippi, That chapter 6, section 7, article 82 of the Revised Code, be amended so as to read as follows : '" for two hundred copies of bills, resolutions and memorials, the sum of three dollars and fifty cents per page for the number of pages in one copy thereof." Sec. 2. Be it farther enacted, That this act take effect from its passage. Approved January 29, 1862. CHAPTER CXCVm. AN ACT to refund certain moneys. Whereas, J. J. Pettus, Governor of this State, did on the 9th of January last (1861) order the Columbus Rifles and Southrons to repair imme- diately to Enterprize, Mississippi, and called upon the friends of Mississippi to aid them, with the means of moving, promising to settle the amount with them : And whereas, a portion of the citizens of Lowndes county, Mississippi, did on the 10th day of said month, contribute four thousand six hundred and sixty-one 28-100 dollars ($4661 28) which was used in the outfit, equipment and re- moval of said companies : Therefore, Section 1. Be it enacted by the Legislature of the State of Mississippi, That the auditor of public LAWi Of MTBSrSBtPPl. 35T accounts bo hereby authorized and required to issue his warrant upon the treasury for said amount of four thousand six hundred and sixty-one 28-100 dollars ($4661 28) in favor of J. M. Billui>s, Henry B. Whitfield, Jame^ W. Sykes, E. B. Fort, and James Blair, committee for the benefit of the contributors, out of any money in the treasury not otherwise appropriated, and the Governor shall require of the captain of the said company an ac- count of the expenditure of tiie said sums of money, and if there shall remain in the hands of said cap- tain any balance after deducting such sums as have been lawfully expended for the equipment, sub- sistence and transportation of his company to the place of rendezvoiL'«, it shall be the duty of the said captain to refund the same to the State treas- ury. Sec. 2. Be it further enacted, That this act take cftect and be in force from and after it?f passage. Approved January 21), 1862. #■■ CHAPTER CXOIX. AN ACT for the relief of L. D. Rhodes, Sheriff of Rankin County. Sec. 1. Be it cnnctcd hy the Lcgidalvre of tht State of Mississippi, That the auditor of public accounts is hereby authorized and required to issuo his warrant on the State treasury in favor of L.D. Rhodes, sheriff of Rankin county, for the amount of fifty dollars, the amount paid out by him for tlic recapture of a prisoner escaping from the jail of Rankin county, who is now in the penitentiary. Sec. 2. Be it further enacted, That this act take effect and be in force from and after its passage. Approved, January 20, 1862. 238 liAWS OP MISSISSIPPI. CHzVPTER CC. AN ACT to authorize C. F. Hamer to manumit his ser- vant, David Woold ridge. Whereas, Capt. C. F. Hamor has. on account of the fidelity of his slave, David Wooldridge, as well as his gallantry in Uie battle of the 21st of July, petitiored the legislature to permit him to emancipate said slave, and that he may be pe^mi^ ted to remain in the State : therefore, Sec. 1. Be it enacted hj the Legislature of the State of Mississ'ijypi, That (^)harles F. Hamer be and he is hereby empowered by deed or last will and testament to emancipate lii:^ slave, known as David Wooldridge, and the said slave during good behavior, shall have tlie privilege of remaining within the State. Sec. 2. Be it further enacted, That this act shall take effect and be in force from and after its pas- sage. Approved, January 29, 1862. CHAPTER CCI. AN ACT to amend an act entitled an act to authorize Rail- road Companies in this Slate to issue notes to be circulated as money, approved December 20th, 1861, and the sup- plement thereto, approved January 22, 1862. Section. 1 . Be it enacted by the Legislature of the State of Mississippi, That all the rights and privileges granted in the above recited acts to the various railroad companies in this State to issue notes as money for circulation, be and the same are hercV>y extended to the New Orleans, Jackson and Great Northern Railroad Company as fully as though said company was included in said original and su)>plemental acts. Sec. 2. Be it further enacted, Tliat the New Orleans, Jackson and Great Northern Railroad Company may and they are hereby authoiized to issue notes for circulation, to the amount of three hundred thousand dollars, redeemable at their of- LAWS OP MlbriiiWIPPI 22ft lices in Canton and New Orleans, subject to all the pains, penalties, rights, privileges and conditions as prescribed in said act and the supplement thereto, Sec. :3. Be it further emxcted, That tills act shall not take effect until ratified b}' the stockholders of said company, and as prescribed by the supple- mental act to whicii this is an amendment. Skc. 4. That this act take effect and be in force from and after its passage. Approved, January 28, 1862. CHAPTER ecu. AN ACT for the relief of Amos P. Eraos, oT VVaj ne Count}'. Section \. Beit enacted by tJie Legislature of live State of Mississippi, That upon the payment of all cost by the defendant, the Clerk of the Cir- cuit Court of Wayne County be and he is hereby authorized and required to dismiss the prosecution now pending in said Court in the name of the State of Mississippi against Amos P. Evans, upon a charge of bigamy, and that tliis act take effect from and aft( r its passage. Appr-n-od, January 27, 1862. CHAPTER CCm. AN ACT to amend the sixty-second chapter of the Revised Code, entitled '"an act in relation to Chancery Courts," and for other purposes. Be it enacted by the Legislature of the State of Mississippi, as follows, to-wit : Section 1. Tliat so much of the fifteenth article of the sixty-second chapter of tlie Revised Code, entitled an act in relation to Chancery Courts, as requires the proofs or dejiositions taken or filed by cither party, to be recorded, be and the same \b hereby repealed. $|# LAWS OP inssissrppi. Sec. 2. Tliat so much of the twcutj-sixth article of the same chapter as requires proofs to be made returnable on a day ten days after the time ot is- suance thereof, and to be executed ten days before the return day, be and the same is hereby repealed, and that hereafter such process shall be issued and executed five days before the return day thereof. Approred, January 27, 1862. CHAPTER GOV. AN ACT fbr the relief of Thomaa E. Lewis. Section 1. Be it enacted by the Lefrislature of the State of Mississipjn, Th?.t Thomas E. Lewis of the County of Copiah, be and he is hereby relieved of the civil disabilities of minority, and that he be and is hereby declared competent to contract and be contracted with, to sue and bo sued, in the same manner and with the binding effect, as if he were of the age of twenty-one years, and that this act shall take effect from its passage. Approved January 27, 1862. CHAPTER CCIV. V AN ACT to authorize a tax to be levied on gates erected on public roads in the Counties Oi Bolivar, Washington_and Issaquena and other Counties. Section 1. Be it enacted by the L'-gislature of the State of 3Iiss{.s»ippi, That the Board of Police of the Counties of Bolivar, Washington and Issaque- na, and Sunflower, Warren and Yazoo are author- ized to charge and tax any perse n who shall be allowed by said Board to e^-oct a gate or gates across public highways in said counties, a sum not less than five dollars and not more ^han fifty dol- lars for each gate, for every vear during which the privilege of keeping up such >'•>" 'c ' .To continued, and that this act shall take effect ^^ v^in its passage. Approved January 25. 1862. LAWS OF MISSISSIPPI. 241i CHAPTER CCVI. AN ACT to provide for leveeing Township fourteen, ot range one east, in the County of Warren. Section 1. Be it enacted by the Legislature of the .^, State of 3fississippi, as follows, to-wit :— That it ^ge ?" J^ shall be the duty of each and every proprietor construct- of land situated in township fourteen, of range ed. one east, in the County of Warren, to construct, finish and have in good repair on or before the first day of ^larch, 18G3, and thereafter, to keep in good repair, a good, secure and well built levee along the front of his own land, and con- necting with the levee of the adjacent proprietors, so as to protect his own land and all the land lying in said township and included within said levee, from being overflowed by the waters of the Mississippi River. The said levee to be three feet in height above the high water mark of the year DimeB- 185i", and to have at least five feet of base to each sions, foot of height, and to be constructed in the most approved and most substantial and durable manner. Sec. 2. That the proprietors of land in the said township, or their agents or overseers in their ab- sence, shall assemble on the first Monday of April next, at Bi ierfield, the plantation of Jefferson , ^T""" i\ ■ J ^1 /' \i Af 1 i> T • tendcnt to Davis, and on tlie nrst Alonday ol January, in every Reelected. year thereafter, and shall then elect a superinten- dent of the said levee, for the term of one year, who shall have full power to lay out the said levees and to direct and control the niannner in which the same shall be constructed, to re- move all timber and trees that may endanger ite safety, and to exercise full supervision and control over the erection and repair of said levee. The . Baid superintendent to receive three dollars per day while so employed, for his services, which shall be i)aid by the several proprietors of land in said township, in proportion to the number of slaves owned by each in the said township ; Provided, that the ])roprietors of said lands, or in their ab- sence, their agents, or the overseers of their planta- tions situated in said levee district, shall consti- tute a levee board for the purpose of deciding all L— 25 242 .LAWS OF MISSISSIPPI. exceptions whicli may be taken by any party in- terested, to the action of said superintendent, and said board shall have full power to hear and de- termine all exceptions to any act of said superinten- dent, and shall liave power by the vote of a major- Powers ^^y. Q^ jj^ii ^|jg proprietors, their agents or overseers, ^g^^^^ to set aside or confirm the action of such superin- tendent whenever any exception shall be taken to the action of said superintendent. The matter excepted to shall be suspended until decided by the board, and the superintendent shall forthwith call the board together, to meet at Bricrfiold, giving each member written notice of the time and ob- jects of the meeting to dispose of the exception. Sec. 3. That if any proprietor of land in the said township shall fail to buihi the said levee and have the same in complete order and condition on When to Q^. |3Qfore the time limited for that purpose by the aleted ™ ' ^^^^^^ section of this act, or shall fail to keep and have the said levee in good and complete repair and condition, and of the dimensions aforesaid, on or before the first day of March in every year thereafter, it shall be the duty of said superinten- dent forthwith to cause the said work to be dt)ne, as expeditiously as possible and on the most favora- Work let ble terms he can obtain, by letting the same out to tro lowest the lowest bidder, at the cost of such delinquent Udder. proprietor ; and if any such delinquent proprietor shall fail to pay to tlie said superintendent tlie cost of the work so done, on notice of the amount thereof, and demand of payment made by such su- perintendent, tlic amount of such work shall be- come a special lien upon all the land owned by such proprietor in said township, and the said superin- tendent, after giving thirty days notice of the time and place of sale in some newspaper published in the said county of Warren, or by putting up such Notice to notices at five public jdaces in the said co.inty, one be given, of wliich shall be on the premises to be sold, and one at the Courtliouse of said county, shall proceed to sell the land owned by such delinquent propri- etor, in the said township, or so much thereof as may be necessary to raise the amount due, with interest, and the costs of such sale, to the higliest bidder for cash, or on a credit, as he may deem ex LAWS OP MISSISSIPPI. 24S pedient, and shall execute a deed or deeds therefor to the purchaser, which deed shall vest in the pur- chaser such title as was owned or possessed by such delinquent proprietor at the time when the default in building such levee or keeping the same in good order or repair occurred, under the provi- 'sions of the first section of this act; Provided, that no sale of lands shall ])e made by said superinten- dent until said sale shall be ajjprovcd by a major- Two ity of said levee board, and that all persons whose years to lands arc sold under this act, shall have two years redeem, to redeem the same by refunding the purchase mo- ney with ten per cent, interest thereon ; Provided further, if the lands of a minor are sold he or she shall have, after arriving at the age of twenty-one, to redeem the same in. Sec. 4. That if it shall be found that the time limited by the first section of this act for the erec- . i°j^^" tion of the said levee is too short, the same may be extended by the written consent of two-thirds of all tlie owners of land in said township for such period as they may think ]iroper. Sec. 5. That this act shall take effect from its passage. A|>]irovc(l. January 27, 1802. CHAPTER CCVIT. AN ACT supplemental to an art a{)i)rovc(l December 16th, 1861, entitled an act to create a lund for tht» .support of destitute families of volunteers in the. State, and (or other purposes. Section J. Be ii enacted /, . ..'gislaturc of the Sidle of Hfia.sissippi, That if the Sheriff of any county should be absent and in the army, any regu- larly ' onstituted deputy oi'such Sheriff may, in his own n imc, execute tlic bond required by the act, to M'hi< h this act is supiih^ncntal, and said deputy and his sureties .'^hall be tliercl)y as Itdiy bound as 244 LAWS OK UISSISSIPI'I. if the said deputy was the Sheriff of such county, and said deputy, after the execution of said bond, shall be fully (qualified for the collection of said tax. Sec- 2. Be it further enacted, That tiiis act take effect from and after its passage. Approved, January 29, 18G2. CHAPTER CCVIII. AN ACT for the relief of J. B. Massie. Section 1 . Be it enacted hi/ the Legislature oj the Stdte of 3Iississippi, That the Auditor of Public Accounts be autliorized and required to draw his warrant in favor of J. B. Massie for twelve dol- lars, payable oat of any moneys in the treasury not otherwise appropriated. Sec. 2. Be it further enacted, That this act be in force from and after its passage. Approved, January 29, 1802. CHAPTER CCIX. AN ACT supplemental to an act making the Treasury Notes issued under an ordinance of Ibe State Convention, receiv- able in paj'ment of clues to tlie State at all times before and after the period fixed {or their redemption, and for other purposes. Sectioii 1 . Be it enacted by the Legislature of the State of Mississip^ji, That the Treasury Notes redeemable in 1863 and 18(U, which may bo re- ceived into the State treasury in 1862, according to the act to which this act is supplementary, shall be received and paid out of said treasury as other funds, or until the time fixed for the redemption by the ordinance of the Convention 'vrithout any endorsement thereon. Sec. 1. And he it furtive^' enacted, Th*t this act shall take effeat aail be in force from and after it« P&8M^«. l.pproT«i, January 29, I LAWS OF IMSvSlSSIPPI. 245 CHAPTER CCX. AX ACT for tho relief of G. G. Torrey, of Bolivar County. Section 1 . Be it enn/^ted hj the Legislature of the State of Mississippi, That the Auditor of Public Accounts be and he is hereby instructed to issue his warrant on the Treasurer in favor of G. G. Torrey, of Bolivar County, for the sum of one hundred dollars, to be paid out of any money in the treasury not otherwise appropriated, and that this act take cifect from and after its passage. Approved, January 29, 1862. CHAPTER CCXr. AN ACT to prohibit improper ivllowanees by tht Boards of Police. Whereas, it is represented that the Boacds of Police of certain counties have indulged the un- lawful habit of allowing their Clerks fees for en- tering orders on the minutes of said board and for making out, and delivering to the Sheriffs copies of orders appointing road overseers, and hare also allowed the Slieriffs compensation for serving said copies, and hare also allowed assessors compensa- tion for assessing county taxes, and, whereas, these And the like illegal practices should l>c prohibited, therefore, Sect[05 1. Be it enacted by tfve Legislature oftlu State of Mlssissi]r[)i, That if any Sheriff, Clerk, Assessor, or other person shall claim and receive from the Treasury of any couuty, any fee, a com- pensation not authorized by law, or if any member of any Board of Police shall, knowingly vote for the payment of any such unlawful claim he or she shall be subject to indictment, and on convic- tion, fined not exceeding double the amount of such unlawfid charge, or imprisoned in the County jail at the discretion of the Court. Approved January 29, 1802. 246 LAWS OF MISSISSIPPI. CHAPTER CCXir. AN ACT to amend art. eleven, section four of chapter thirty- nine of the Revised Code. Section 1. Be it enacted hy the Legislature of tJie State of Mississi'ppi, That in addition to the causes of divorce enumerated in article eleventh, section four of chapter thirty-nine of the Revised Code, it shall be lawful for any married woman to alledge as a cause of divorce, that her husband is engaged in the service of the United States of America, either in the army or navy, or from clioice reside in any one of the States of the United States in preference to residing in one of the Confederate States, Provided, that such divorce shall not render illegitimate the children of such marriage. Sec. 2. Be it further enacted, That this act shall take effect and be in force from and after its pas- Bage. Approved, January 29, 1862. CHAPTER CCXIIl. AN ACT for the relief of certain free persons of color, known as the Clark family, and for other purposes. Section 1 . Be it enacted hy the Legislature of the State of Mississippi, That certain free per- sons of color known as the Clark family, being Amy Clark and the descendant of the said Amy stnd Samuel Clark, deceased, her husband, now living and residing in Perry county, be and thej are hereby authorized and permitted to remain and live in said county and State. Sec. 2. Be it further enacted. That this act take effect and be in force from and after its pas- sage. ApproTcd January 29, 1862. LAWS OP MISSISSIPPI 247 CHAPTER CCXIY. AN ACT supplemental to an act passed at the present Bession of the Legislature, entitled an act authorizing tha issuance of Treasury Notes as advances upon Cotton. Notes to Section 1. Be it enacted by the Legislature of the State of HJi.ssisfiippi, That in order to expedite the issuance of the treasury notes autliorized to i,'"'°^w2a be issued in the act to which this is a supplement, on^elet- it shall be lawful for the governor and auditor to trotypei contract for their printing upon plates to be elec- plates, trotyped from the engraved plates upon which said governor and auditor are now required by said act to have said notes printed ; and said notes when so printed upon said electrotyped plates, shall be signed, countersigned and issued, and in all respects be considered as though they had been directly printed upon said engraved plates as in said origi- nal act provided. Sec. 2. Bf it further enacted^ That the auditor and treasurer are hereby fully authorized and em- Auditor powered to employ such number of clerks as they and treas- niay detnn necessary to sign and countersign said "rcr may notes for said auditor and treasurer respectively, t'^ploy so as conveniently to furnish said notes after they ^^^^'^ shall be printed according to the applications that may be made for them under the operation of said act to which this is a supplement, and the signa- tures of such clerks for said auditor and treasurer respectively, Avhen so employed and duly author- ized and cmj)0wered by said auditor and treasurer Bhall 1)6 of the same force and effect as though the same were directly signed by said auditor and treasurer. Sec. 3. Be it fin ther enacted, That executors, administrators and guardians shall be entitled to Ex ecu- receive advances of treasury notes u])on the cotton tors and of the estates under their control, in the same * ** ™ **"*" manner that other |>ersons arc permitted to obtain *'™*?'* •• such advances : Provided, the probate Judge of yancea the county in which the guardian, administrator, or executor has qualified, shall by order approve the proposed advance. Sec. 4. Be it further enacted, That each and tvcry person who shall receive an advance under 248 LAWS OF MISSISSIPPI. the act to which this is a supplement, sliall pay Applic'nts into the treasury one-half of one per cent, on the to pay for amount of said advance at the time of receiving plates, &c. the same, for the purpose of refunding to the State the amount expended for engraving the plates, and printing the notes issued under the provisions of said act. Sec. 5. Be it further enacted, That this act take effect and bo in force from and after its passage. Approved January 2!>, I 862. CHAPTER CCXV. AN ACT for the relief of H. J. Terrill. Section 1 . Beit enacted by the Legislature of tJie ■State of Mississippi, That the school commission- ers of Lafayette county be and they are hereby authorized and empowered to examine and allo"w any account for the tuition of proper beneficiaries of Lafayette county, for services rendered in the year 1860, by the said H. J. Terrill, as teacher, and that this act take effect from and after its passage. Approved January 29, 1862. CHAPTER CCXVL AN ACT to grant public lands to the Gulf and Ship Is- land Rail Road Company, and for other purposes. Sec. 1. Be it enacted by the Legislature of the J. , State of 31ississippi, That all the public lands gran'ted ^y^^S or being within fifteen miles of the line of within fif- the Gulf and Ship Island railroad, as now located, teen miles and not otherwise appropriated, be and the same of line of is hereby granted to the Gulf and Ship Island ™*** railroad company, to be held, used, hypothecated or sold by said company, and the proceeds thereof faithfully applied to the construction of said rail- LAWS OF MISSISSIPPI. 249 road, from a point or points on the Gulf of Afex- ico, at or between Mississippi Citj and Biloxi, through the town of Brandon to Canton, in ^ladi- son county : and said . grant shall embrace all tho public lands within fifteen miles on each side and along the entire length of said railroad, and shall also include the whole of the public lands in all the sections intersected by said boundaries : Pro- vided, that it shall not be in the power of said railroad company to sell any of said lands lying within said limits, until the said company shall have built and equipjied ten miles of said railroad, -^heji. to and in that event said company shall have power be sold. to sell the lands within the range of said ten miles and ten miles beyond, and so on as each ten miles arc finished, until the whole road is completed : Provided further, That said railroad company Mortea«« may mortgage any of said lands subject to the foregoing provision. And provided further, That this act shall not apply to any of said lands lying along the projected line of said railroad ten miles beyond where the said railroad shall not be fniish- ed within twenty years from the passage of this act. Sec. 2. Be it further madid. That all the lands comprehended in a grant made bj the Congress of the United States, approved August 11th, fsSG, to the State of Mississippi, to aid in the construction F<>rowr of a railroad from the Gulf of Mexico to Brandon, ^nfirmed' which grant was accepted by the act of the Legis- lature of this State, approved February 1857, and which lands were donated to the Gulf and Ship Island railroad company, by an act of the Legis- lature of this State, approved December 3d, 1858, be and the same are hereby confirmed to said Gulf and Ship Island railroad comjmny, together with all the rights and privileges, stipulations and con- ditions contained in the said act of Congress, which may or shall have attached to the same since the date of said original grant on the 11th day of August, 1856. Sec. 3. Be it further enacted, That the regis- ters of the several land ofiices in the districts in which any of the lands gianted and confirmed by the first and second sections of this act shall lie, 8S0 I.A.W8 OF MISSISSIPPI. shall each make out certified lists or schedules of said lands in their respective dicitricts, one list or schedule for all the lands contemplated in the first section, and another for all the lauds contemplated in the second section Of this act, which lists or schedules said registers shall deliver to the said Gulf and Ship Island railroad company, as soon after the passage of this act as the same can be done, and said lists or schedules shall have the force and effect of, and be the deed for said lands from the State of Mississippi t'^ the said Gulf and Ship Island Railroad Company. Sec. 4. Be it further enacie0, he mailed the said warrant at Pittsboro. in ("alhoiin county, to the Treasurer at Jack-on. for payment, and that the I'reasurer informed him the letter containing the said warrant never reached him ; thoreibre, Section' I. Br it cnaclidhy the Jj'gisJatvre of the State (f jMis.sis.sippi, That the Auditor of Public Aeeounts is hereljy authorized and required to issue hi^ duplicate warraiit on the Treasury in favor of A. J. Walker lor the sum of $21 50-1 b;i in lieu of a wirrant, numbei'ed 2 4, issued on the 12lhuay of.Iuiv, 1H(.0, lor like amount in favor of said ^66 liAWs OF Mississipn. Walker and -vrhich warrftnt was lost in course of transmission to the Treasurer, and that this act take effect from its passage. Approved, January 27, 1862. CHAPTER CCXXIV. AN ACT to provide for an appropriation of fire thousand dollars to purchase pistols and sabres for the Tishomingo Rangers, a company raised for the war. Section 1 . Be it enacted by the Legislature of the State of 3Hssissippi, That for the purchase of sabres and pistols for the use of the Tishomingo Rangers, a cavalry company raif^ed for the war, the sum of five thousand dollars is hereby appropria- ted out of any moneys not otherwise appropriated in the State Treasury, and the Auditor is hereby authorized to issue his warrant on the Treasurer for the same, in favor of P. D. Roddy, captain of said company. ' Sec. 2. Be it further enacted, That before said P. D. Roddy shall be entitled to apply for said ap- propriation he shall enter into bond in the penalty often thousand dollars, with two good securities, to be approved by the Governor, conditioned for the application of said money to the purposes provided herein. Sec. 3. Be it fartlier enacted, That upon said Roddy's making report of the application of said money, which he is hereby required to do, to the Quarter-Master-General, the said account shall be entered as a charge against the Confederacy, and presented for settlement as other claims now held by the State. Sec. 3. Beit further enacted, That this act take effect and be in force from and after its passage. Approved, January 27, 1862. LAWS 9F MIBSISSIPri. 257 CHAPTER CCXXY. AN ACT te revire a charter for bridge and turnpike grant- ed to J. D. Brooks in 1866. Section 1. Be it enacted hy the Legislature of the State of Mississippi, That an act to authorize J. D. Brooks, of Noxubee county, to build abridge and erect a turnpike, approved 25th of February, 1856, be and the same is hereby revived, and the said Brooks sliall have five years from the papsage of this act to complete said bridge and turnpike and no other bridge or turnpike shall be erected within three miles of the bridge and turnpike of said Brooks after the expiration of said five years, and that said charter shall exist for twenty years from the passage of this act. Sec. 2. Be it fvriher emcted, That this act shall take «fr«ct and be in force from and after its passage. Appro red January 27, 1862. CHAPTER CCXXVI. AN ACT to authorize the Judge of Probate in the county of Scott to hold a Probate Court in said county the first Monday in each month. Section 1. Be it eiwctcdhy the Legislature of the State of Mississippi, That it shall be the duty of the Judge of Probate in tlie county of Scott to hold a Probate court in said county on the first Monday in each month. Sec. 2. Be it further enacted. That this act shall take effect and be in force from and after its passage. Approved January 25, 1862. 26 258 LAWS OF MISSISSIPPI. CHAPTER CCXXYII. AN ACT to arm and equip Captain E. G. Wheeler's cavalry company, the Polk Hangers, now in camp at Columbus, Kentucky. Section 1. Be it enacted hy the Legislature of tJie State of Mississippi, That the sum of two thou- sand dollars be and the same is hereby appropria- ted out of an}' money in the Treasury not otherwise appropriated, for the purpose of arming and equip- ping Captain E. G.Wheeler's company of cavalry, the Polk Rangers, now in camp at Columbus, Kentucky. Sec. 2. Be it further enacted, That the Audi- tor of Public Accounts be and he is hereby author- ized and required to issue his warrant for the sum hereby appropriated in favor of the aforesaid Cap- tain E. G. AVheeler upon his executing bond with good and sufficient security, payable to the State of Mississippi, conditioned for the faithful application of the sum appropriated by this act to the object contemplated, and for the return and delivery of ■ the arms and equipments purchased, to the Govern- or of this State whenever said company shall be disbanded or discharged. Sec. y. Be it further enacted, That this act take effect and be in force from and after its passage. Apprpyetij-jJ^-iiuary 27, 1862. CHAi^iR ' C 6xiTtII. AN ACT to amend chapter 60, Revised Code, entitled an act providing for the establishment of the Probate courts, and for prescribing tho mode ofproceeding therein. Sec. 1. Be it enacted hy the Legislature of the State of Mississippi, That if the Judge of any Probate Court in this State, shall be absent at the time appointed for the holding any regular term of his court, as prescribed by law, the Sheriff may adjourn the court from day to day, for four days ; LAWS OF MISSISSIPPI. 259 and if the Judge shall not appear by twelve o'clock at noon on the fifth day, the court sliall stand ad- journed for the term. Sec. 2. Be i! further enacted, That this act shall take effect and be in force from and after its passage. Approved January 22, 1862. CHAPTER CCXXIX. AN ACT for the relief of AVm. R. Wynn, minor heir of Wm. VVynn, deceased. Section 1 . Be it enacted by the Legislature of the State of Mi.sslssippi, Tliat Robert E. Wynn, Guar- dian of William B. Wynn, minor, be, and he is hereby authorized, (by and with the consent of the Probate Judge of Yalobusha county) to purchase a farm or plantation, on which to work the slaves of said minor, also whatever is necessary to the proper working and care of the same, and make annual reports of the debts and credits there- of as in other cases. Sec. 2. Be it further enacted, Tiiat the said Robert E. Wynn, Guardian, be, and is hereby authorized, by and with the advice and consent of the Probate Court, to sell any negroes belonging to said minor, which it may be the substantial interest of his estate to sell. Sec. 3. Be it further ennded., That this act be in force from and after itB passage. Approved January 22, 1862. CHAPTER CCXXX. AN ACT for the relief of the minor heirs of Mrs. K S. Brungarde, deceased, and for other purposes. Whereas, Mrs. E. S. Brungarde, died several year? since leaving a considerable personal estate in Vicksburg, Mississippi ; and whereas, A. H, LAWS OF MISSISSIPPI. Arthur, of f^aid city, was appointed administrator of liersaid estate, tjy the Probate Court of Warren county, Mississippi ; and whereas, the only childrGn of said decedent, Harman, George, and Ada Brun- garde, are minors, residing in the State of Georgia, and liavc a guardian appointed in the latter State by the proper courts thereof ; and whereas, said Guardian is desirous of removing the pr()i)erty of said minors to the State of Geirgia; whereupon, Section 1. Be it enacted hj the Legislature of the State of Mississippi, That the Probate court of Warren county, upon tiie final settlement of the accounts of said Arthur as administrator aforesaid, is hereby empowered to order, and decree, that he shall pay over and deliver to the Guardian of said minors, all the moneys and effects, that may be in his hands as such administrator and to which they may be entitled as distributees of said decedent, first taking the receipt of said Guardian therefor ; Provided, That before said effects are paid and delivered to him, said Guardian shall file in said Probate Court of Warren county, a duly certified copy of his letter, and bonds as Guardian in the State of Georgia. Sec. 2. Be it further enacted, That the receipt pf said Guardian to said Arthur, for said effects, when taken in pursuance of this act, shall be as full a discharge to said Arthur, as if said Guardian had qualified as such in this act. Sec. 3. Beit further enacted. That this act take effect and be in force from and after its passage. Approved January 22, 1862. CHAPTER CCXXXI. AN ACT in rcl.'ition to the Private Secretary of the Gov- ernor, and for other purposes. Section 1. Be it enacted by the Legislature of the State of Mississippi, That the Governor is hereby authorized to appoint a Private Secretary, who shall hold his office subject to the discretion of thp Governor, not to extend beyond tmie for LAWS OF MISSISSlPPf. 261 which tlie Governor so appointing said Secretary, was elected. Said Secretary shall be paid at the rate of eight hundred dollars per year, lor the time he may so be employed, which shall be paid out of the State Treasury on the warrant of the Auditor, to be issued on tlie certificate of the Governor. Sec. 2. Be it further enacted, That the Govern- or is hereby authorized to emi)loy such other cleri- cal assistance as lie may require in discharging the duties of his office. Tlie compensation of said clerk or clerks shall not exceed the sura of three dollars per day, for eacli day they may so be actually em- ployed ; and shall be paid out ol the Treasury of the State,, on the warrant of the Auditor, to l>e issyed on the certificate of the Governor. This act shall be in force from its passage. Ajiprovcd, January 22, 1SG2. CHAPTER CCXXXII. AN-.^QT to amend the fifth section, chapter three of the ,. ',, „ , Revised Code. .^•r, ',;, ': . ^ , ^ ..^ECTIDN 1. Be it enacted hy the Legislature of the, State of 3fissis.sipp}, That tlie Assessors of this State in assessing the lands thereof, shall hereaf- ter report on oath to tlie Boards of Police of tlieir respective counties, at the first meeting of said Board, after completing their assessment rolls, or as soon thereafter as possible, a list of all valua- tions made l»y the owners of lands, which are in the opinion oi such Assessors, twenty per cent, below the intrinsic value of such lands, whoreuj)on like proceedings shall be had as now required in case of undervaluation of personal property. Sec. 2. Be it further enacted. That all acts and parts of acts, coming in conflict with this act, be atKJthc same are hereby ref)eala(], and that this act take effect and be in force from and after its passage. Approved, January 22, 1862. 262 LAWS OF MISSISSIPPI. CHAPTER CCXXXIII. AN ACT supplemental to an act passed at the present session of this Legislature, entitled an act to provide for the establishment of Hospitals for the Mississippi troops, and for other purposes. Section. 1. Beit enacted hy the Legislature of the State of Mississippi, That in addition to the appropriation of twenty-five thousand dollars in the fifth section of the act, to which this is a sup- plement, the further sum of twenty-five thousand dollars is hereby appropriated out of any money in the State Treasury not otherwise appropriated, and the Auditor is hereby required upon the re- quisition of the Governor, to issue his warrant on the Treasury for the same, said money, when re- ceived, to be appropriated in like manner as pre- scribed for the disposition of said twenty- fire thousand dollars in the act to which this is a supplement. Sec. 2. Be it further enacted, That the Gov- ernor shall require of the agents appointed or to be appointed under said act, bond with good and sufficient security, conditioned for the faithful dis- bursement of any part of said funds appropria- ted to them. Sec. 3. Be it further enacted. That this act take effect and be in force from and after its passage. Approved, January 22, 1862. CHAPTER CCXXXIV. AN AOT granting leave of absence to the Probate Judge of Tallahatchie county. Section 1. Be it enacted by the Legislature of the State of Mississippi, That the Hon, James Crawford, Probate Judge of the county of Talla- hatchie have leave of absence from the State for three months. Sec. 2. Be it further enacted, That this act shall take effect from its paspage. Approved, December 11, 18<)1. liAYfS OF Mississippi. 26t CHAPTER CCXXXV. AN ACT to extend an act entitled an act to regulate the fees of the Clerk of the Circuit and Chancery Courts of the county of Hinds to the county of Washington. Section 1. Be it enacfed, hy the Lef^sJature of the State of Mississippi, That the act aforesaid, be and tlio same is hereby extended and made ap- plicable to the county of Washington. Sec. 2. Be it further enacted , That this act take effect and be in force from and after its passage. Appi-oved, December 4, 1861. CHAPTER CCXXXVI. AN ACT to amend an act entitled an act to incorporate the Mississippi Central Kailroad Company, approved 10th March, 1862. Section 1 . Be it enacted hy tlie Legislature of the State of Mississijypi, That in the event of a sale by the Mississippi Central Railroad Company of the stock of any insolvent, or delinquent subscri- ber, therefore, for any unpaid instalments thereon, a8 provided for in the sixth section of the above recited'act, the said company may become the pur- chasers and the holders thereof ; Provided, other bids are not made for the full amount of the'install- raents due thereon. • Sec. 5. Be it further enacted, Tliat this act take effect and be in force from and after its passage. Approved December 4. 1861. i'^frtw &Si LAWS OF MISSISSII'l'I. CHAPTER CCXXXVII. AN ACT in relation to the publication of legal notices. '<-' »Sec. 1. Beit enacted h/ the Legislature of the State of Miss-issipjn, That all notices, publica- tions and advertisements, required by law to be published in a newspaper, shall, when there is no newspaper published in the county where such publication ought to be made, be made by posting up copies thereof in five public places in the coun- ty, one of which shall be at the door of tlie Court- house. And it shall be the duty of the court, making any order of publication against an absent or noD-rcsident party, to require the person apply- ing for such order to state in his affidavit the resi- dence of such absent or non-resident party if the same can be ascertained, and such court shall direct the clerk to transmit by mail a copy of such order to such absent or non-resident party. Sec. 2. Be it further enacted, That publica- tion made in the manner herein provided, may bo proved by affidavit taken and filed, and shall have the same force and eff"ect as if made in the manner now provided by law. Sec. 3. Be it furtheT enacted, That this act shall not apply to an act entitled " an act to pro- vide for the better security of titles to lands held and claimed under tax sales and tax titles, appror- ed February 10th, 1860. Sec. 4. Be it further enacted, That this act take effect from its passage. ' Appi'oved, January 15, 1862. CHAPTER CCXXXVIIL AN ACT to suspend the collection of the Mobile and Ohio Railroad tax, in the county of Kemper. Sec. 1. Be it enacted by the Legislature of the State of Mississippi, That an act to authorize the board of police of Kemper county to subscribe for stock in the Mobile and Ohio railroad, >^hich LAWS OP MISSISSIPPI 265 act was approved March G, 1850, be and the same is hereby suspended until one year at least after peace shall be restored between the Confederate States of America and the United States, l)ut this suspension in no way shall impair or destroy any • of the rights and privileges of said company in these taxes or any other matter. Approved November 21, 1861. CHAPTER CCXXXrX. AN ACT to be entitled nn act making certain appropria- tions therein named. Sec. 1. Be it enacted hi/ the Legislature of the State of 3Iississ{ppr, That tl)e following sums be allowed and paid out of any money in the treasury not otherwise appropriated : Art. 1. To L. Julienne, for stationery furnished in December last, the sum of six 75-100 dollars. Art. 2. To A. Virden, for hauling sand and water to State capitol, in November, 18. 9, the sum of fifty dollars. (150.) Art. 3. To James Taylor, for services of boy « Peter, twenty-one davs in January, 1861, the sum of thirty-one 50-100 dollars. (|31 50.) Art. 4. To J. IJ. Morcy, for stationery furnish- ed the Legislature this session, the sum of seven- teen 50-100 dollars. ($17 50.) Art. 5. To J. S. Sizer, for stationery furnished the Legislature this month, the sum of five dol- lars. ($5.) Art. 6. To J. Z. George, of Carroll county, for services as attorney in prosecuting before jus- tice of the peace, H- J- McGinty, for forgery in seven cases, the sum of fifty dollars. Art. 7. To L Strauss, for articles furnished the keeper of the capitol. as per account herewith rendered, the sum of thirty-three 65-100 ($33 65.) Art. 8. To Cooper 6c Kimball, (Mississippian office) for public } ri-itirg this session, the sum of forty-four 20-100 (»44 20.) »6 T,AWS OF MISSISSIPPL Art. 9. To Mrs. Margaret Saunders, for seven- teen days' services of boy Jim, since recess in attending on this house, the sum of thirty-four , dollars (834.) AfiT. 1 0. To JamCs Daniel, for hire boy A. Rcid, for seventeen days' services since recess in attend- ing this house, the sum of thirty-four dolkirs ($34) Art. U. To C. A. Moore, for stationery fur- nished the State officers and legislature, the sum of nine 75-100 dollars ($9 75.) Sec. 2. Be it further 'enacted, That this act be sufficient authority for the payment of the res- pective sums of money hereinbefore specified : Provided^ the auditor of public accounts shall be and is hereby required to take from the persons respectively to whom appropriations are herein made, a receipt in full to this date for services and items stated in their respective claims, and this act shall take eflect and be in force from and, after its passage. '■*... Approved, January 29, 1862, CHAPTER CCXL. AN ACT for the relief of the Judges of the Circuit Court of this State, in certain cases. Sec. 1. Be it enacted, hy the Legislature of the State of Mississippi, That no deduction shall be made from the salary of any circuit judge in this State, on account of his failure to hold any term of the court in his district, wliich by law ought to have been or to be held during the year one thou- sand eight hundred and sixty-one, and that this act take effect from its passage. Approved November 21, 1861. CHAPTER CCXLI. rect the Register to sell C( Thomas S. Red. Whereas, There are now on the west bank of AN ACT to direct the Register to sell certain Lands to Thomas S. Red. LAWS OF Missrssirn. Lake Washino^ton, certain vacant unappro])riated lands wliich are not subject to be sold by tlie re- gister and receiver of the land office under exist- ing law?!, and the said Innd being of value to Thomas S. Red, wliose plantation is situated back of said land, and he being desirous of purchasing said lands, and being willing to pay the expense of surveying the same, and also the usual price for government lands : Therefore, Section 1. Be it enacted by the Legislature of the State of Mississippi, That the register of the land office be and lie is hereby authorized and di- rected to sell to Thomas S. Red, all the unappro- priated lands lying and being on the west bank of Lake Washington, in front of sections 11, 13, 14 and 15, of township 14, range 8 west, upon the following terms, to-wit : That the said Red shall pay all expenses that may be incurred in surveying said lands, and shall also jiay the sum of one dol- lar and twenty-five cents per acre for all of said lands included in said survey. Sec. 2. Be it further enacted, That this act shall take effect and be in force from and after its pas- sage. Approved, January '27, 1862. CHAPTER CCXLII. AN ACT to amend an act approved Februaiy 28, 1856, entitled an act to amend an act approved March 16, 1852, (or the reclamation of the swamp and overflowed public lands, and for the improvement of the navigation of the various rivers and streams in this State, so far as the same relates to the county of Choctav/, and for other purposes. Section 1. Be it enact' d hi/ i lie Legiskitwe oj the Stiiif. of Mississippi, That the board of police of Choctaw county, he and they are hereby au- Board of thori/.ed to borrow from the commissioners of Police au- swnmj> lands in said county, nil monies now in the thoriied hands of the treasurer of said commissioners, or to borrow, belonging to said fund and not needed to pay for work already done or contracted for under the 268 I \WS OP MISSIBSIPPl. provisions of the act to which tiiis is an amend- ment ; and said hoard of police shall issue to the treasurer of said fund, a county warrant for the amount so borrowed, bearing interest at ten per cent, per annum, until paid ; and it shall be the duty of said board of police to open an account with the treasurer of the commissioners of swamp lands in said county; and whenever any money may be due for work, hereafter contracted for and done under the provisions of the act to which this is an amendment, it shall be the duty of the board Warrants ^^ police to issue their warrant for the same, pay- sued bear- ^^^^ ^^ ^^^® treasurer of swamp land commissioners, ing 10 per ^°cl bearing interest at the same rate until paid, cent, in- which shall be credited on the original warrant, terest. and the account thus kept until the whole amount of principal and interest shall be drawn for by the treasurer of swamp land commissioners, and the warrants so drawn by said treasurer shall be receivable in payment for work hereafter contract- ed for and done under the provisions of the act to which this is an amendment, and in payment of the county taxes of said county. Sec. 2. Be it further enacted^ That upon re- ceiving the money loaned under the first section of this act, it shall be the duty of the board of police of said county, to cause the same to be placed in the county treasury of said county, and set apart for the redemption ; first of all warrants issued under the first section of an act to extend the powers and to confirm the acts of the board of county police in certain cases, approved August 2, 1861, if there be an amount sufficient therefor, and to appropriate the balance to the payment of other claims against said county; it shall be the further duty of said board to revoke the levy of the special tax made under the first section of the above recited act, called the military relief tax, if a Emfficiont amount be borrowed to pay the tax thus lericd ; and if not sufficient to pay the Avhole amount of said tar, then the said board shall re- duce such levy so as to m«et the balance of the tax imposed by said levy, and the county treasurer of the county shall be allowed one per cent, upon the amount so borrowed, as commissions for receiving LAWS OF MISSISSIPPI. 269 and disbursing the same, and the clerk of said Compen- board such compensation as they may allow, both nation to to be paid out of the county treasury. treasurer Sp:o. 3. Be it furiher enacted, That the first section of the act to which this is an amendment, be and the same arc hereby so amended as to au- thorize and require the swamp land commissioners of said county, whenever any owner of discon- nected tracts of swamp and overflowed lands may desire it, to appropriate the whole amount of mo- ney paid into the swamp land fund for the diflbr- cnt tracts so owned, to tlic reclamatiou of any one tract selected by the owner thereof; and it shall be thc*d\ity of the commissioners of swamp lands whenever applied to by any owner there )f, to pro- ceed to contract for the leveeing or draining of .^'oinn^'s- the tract so selected under the provisions of this co n"ract act, and the act to which this is an amendment ; for levee- and upon the completion of the work contracted ing. for, it shall be the duty of the trea:*urcr of the commissioners of swamj) lands to apply to the board of police, whose duty it shall be to issue to said treasurer, under the provisions of the first section of this act, a warrant for the amount of work done, which shall be paid by him to the per- son authorized to rd eive the same, from said trea- surer, for the work ?o done. Src. 4. Be it fartritr fnnct''.d, That tiiis act take eflfect and be in force from and after its passage. Approved November 29, 1861. CHAPTER CCXLiri. AN ACT for the relief William Rice Hooker, a minor, of Hinds County. ' Section 1. Be it enacted hy the Leprislature of the ^ State of Mississipjn, That the Sheriff and Tax Collector of Copiah County, be and he is hereby authorized to correct the assessment of the person- al property belonging to the estate of Z. Hooker, deceased, of Copiah County, and the assessment 270. I.AW8 OF MISSISSIPPI. of the personal property belonging to William Rice Hooker, a minor, now absent from the State, in the army, so as to assess the property belonging to said minor, in his own right to the guardian of said minor, and the personal property belonging to the estate of Z. Hooker, deceased, to the ad- ministrator of said estate. Sec. 2. Beit furtlier enacted, "1^110,1 said" assess- ment shall be in all respects as valid and legal binding when made according to the provisions of the first section of this act as if the same had been made by the legally constituted assessor of said county. Sec. 3. Be it further enacted, That this act shall take effect and be \i\ foi-ce from and after its passage. Approved January 27, 1862. CHAPTER CCXLIV. AN ACT to amend an act entitled an act to incorporate the Town of Oakland, in Yalobusha County, approved February 28, 1848. . Section 1 . Beit enacted hy the Legislature of the State of Mississippi, That so much of an act en- titled an act to incorporate the town of Oakland in Yalobusha County, as defines the original limits of said town, be and the same is hereby repealed, and the corporate boundaries of said town of Oak- land shall be confined to the addition made to said town by an act approved February 10th, 18(50, entitled an act to amend an act entitled an act to incorporate the town of Oakland, in Yalobusha County, approved February 28, 1843. Sec. 2. Be it further enacted, Tliat all the provisions of said first mentioned act, except so much of the first section thereof as is hereby re- pealed, shall apply to said town of Oakland, aa limited Jifter the passage of this act. LAWS OF vississipri. ^O '<{ .-■' . » ^' Sec. 3. Be farther enacted, That this act sball take eft'ect and be in force from and after its pas- sage. Approved, January 27, 1862. CHAPTER CCXLV. AN ACT to remove the civil disabilities of John Estelle Tal|)ley, a minor, o( the County of Hinds, so far as to allow him to make a last will and testament. Section 1. Be. it enacted In/ the Legislature of the State of Misstfisij^ipi, That the civil disabilities of John Estcllc Tarpley, a minor, of tlie County of Hindp, be so far removed as to allow him to make a last will and testament, devising all pro- perty, real or personal, to which he is now entitled, or may herealter become entitled in the possession of any person whatever, and that tlie said will and testament have the same force and eflcct as though said minor had attained the age of majority pre- scribed by law. Sec. 2. Be it further enacted, That this act take effect and be in force from and after its passage. ^^ Approved, I'ecember 4, 1861. CHAPTER CCXLVI. AN ACT to remove the civil disabilities of Shepherd WasW ington, a minor, o.' the County of Hinds, so far as to en- able him to make a last wi'l and testament. Section 1. Be it enacted by the Lrgislature of the State of Misdssijjpi, That the civil disabilities of f^hcphcrd Washington, a minor, of the -County <•[ EHnds, be so far removed as to allow him to make a last will and testament, bequeathing all property, real and personal, lo which he may be now entitled, or may hereafter become entitled, now ill the hands of his mother, Mrs. H. P. AVaah- ingt n, of said county, 'm any other person what- soever,, and that the same have the same {binding, I'/i'i' .Iftii) il'>u'^ iri ••' !< 2T2 LAWS 9F MWBSISSJPPI. force and effect as though said minor had attained the age of majority prescribed by law. Sec. 2. Be it further enacted, That this act take effect and be in force from and after its passage. Approved, November 20, 1861. CHAPTER CCXLVn. AN i\CT m relation to suits pending in which alien ene- mies are plaintiffs. Be it enacted by the Legislature of the State of Missiftsijypi, That it shall be lawful for any court in this State, in which any suit may be pending in favor of an alien enemy, to order, on motion for that purpose, that the same be prosecuted to judg- ujent and execution in the name of such plaintiff for the use of the Confederate States of America, but all proceedings subsequent to such order, in all cases coming within the purview of any act passed, or to be passed, to delay the collection of debts during the present war, , shall be subject to the provisions of said acts, and suits shall not abate by reason of the death of the original plaintiff, bul shall be proceeded with in the same manner as if brought in the name of the said Confederate States; and that this act take effect from its passage. , Approved, December 20, 1861. CHAPTER CCXLVni. AN ACT to amend tha third section, chapter forty-eight of the Revised Code Section 1 . Be it enacted by the Legislature of the State of 3Iis-3issippi, That from and after the pas- sage of this act, in all trials under writs of habeas corpvs, where the State shall be a party, and shall not be represented by counsel, judge or court, be- fore whom such trial shall be had, may af)point an attorney to represent the State in such trial, and LAWS OF MISSISSIPPI... ^^ such attorney so appointed, shall be entitled to re- ceive for his services such fees as such jud^c or court shall certify to be reasonable and Just, not to exceed in any ca.'^c the sum of one hundred dol- lars, for the payuicut of whicli the Auditor of Public Accounts shall issue his warrant on thf^ presentation of surli ccrtiiicatc. Bec. 2. Be it farther enackd, That this act tate eftcct and bo in force from and after its passage- Api)roved Dcceinbor (*>. 1861. ClIAPTKR CCXIJX. AN ACT to arm Capts. J. \V. Piarnctt and Robert Mti^ drow's Cavalry Companies now in the Service of (he Ccn- federate Statf;s. Section' 1 . Be it curtctrd hj the Legislature of tM State of Mississij.ipi, That the breach loading ri He* and such other gun-^ and accoutrements as may hv: suitable for cavalry service, now in the armory artv • L» — 27 274 LAWS OF MISSISSIPPI. to a suit in clianccry, or other interested person, shall be examined as a witness before the court, his testimony at the time of its delivery shall be reduced to writing by the clerk, or other }")erson ajtpointed by the court, signed by the witness and authenticated by the clerk, or other person vSO ap- pointed ; wliereupon said testimony shall be fded as a paper in such suit, and tliis act shall be in force from its passage. Approved, November 25, 1861. CHAPTER CCLI. AN ACT in relation to the State Lunatic Asylum. Section 1. Beit enacted hi/ the Legislature of the State of Jlis.sissippi, That the Superintendent of the Lunatic xVsylum shall hereafter be called and TruBtee'4 known as the Trustees of said institution, and if at any time the term of of&ce of said Trustees or any of them shall expire before, the appointment and qualification of their successors, the said trus- tees shall continue in office until their successors shall be appointed and qualified. Sec. 2. He it furtlier enacted, That it shall be the t^lTke'^t '^"^^' ^^ ^^^^ Superintendent and the Trustees as separate^ far as practicable to keep tlic accounts of the pay- ing patients in the said Asylum separate and apart from those respecting the other inmates thereof. Sec 3. Be it furtker enacted, 'I'hat the appro- priations made for the support of the said Asylum shall hereafter be payable out of the State treasury quarterly in advance. Sec. 4. Be it further enacted, That the sum of five thousand dollars, bo, and the same" is hereby Contin- appropriated as a contingent fund for the benefit gent fund. Qf gr^i(j Asylum, to be expended on the requisition of the Governor, when necessary, to replace any loss to the institutum in consequence of the dis- count on Auditor's warrants or otherwise. Sec. 5. Be it Jurthir t suvted, That any now paying patient may be di^chargel by the Superin- tendent from the ^aid institution, on the applica- LAVffl OP Misaissippi.. 275 tion of relatives or friends of said patient, Provi- Paj pa- d°d, tlie superintentlent sliall consider such patient tientsmay to be harnile=;s and inofiensivc, and shall also be .' a^' satislied by affidavits or otherwise that such rela- ^ tives or fiiends are able and wiIliner care of such })aticnt. k^EC. C). Be i' jar} her enacted, That this act shall take efl'ect from its passage. Approveil, January 15, 1862. CHAPTER CCLll. AN ACT to amenil article fifty eight, section eleven, chap- ter thirty-three of the Revised Code, entitled an act in relation to slaves, free negroes and mulattoes Section 1. Be it enacted by the Legislature of the Stcife of' 3Iissis6ipfn, That so much of said fifty- eighth article as makes tiie attempt, by any slave to commit nuirder on the ])erson of any shive, free negro or mulatto, punisliable witli death, be and the same is repealed, and that such attempt shall be tried and. punished according to the sixty-eighth article, section twelve of sliid chapter. Sec 2. Beit furfh ; iricc and Circuit Courts of the Inited States we - leld, and for the Clerk and other officers of tl (, said m 27 G LAWS ©p urssTSsiPPJ. Confederato Court to have tlio use of tlio same rooms in the said City Hall, tliat were ap})ropri- ated to tlic ?aine officers of the ?aid United States Courts ; and the State of Mississippi hereby cedes to the Confederate States of An)erica the full right to the use of said rooms in the same manner as the same, before the secession of the State of Missis- sippi, was vested in the said United States, and that this act shall take effect from its passage. Approved, Ucceniber 12, 1801. CHAPTER CCLIY. AN A.CT to authorize the Boanl of Police of Tishomingo County to sell the Poor House and lands connected there- with. Section 1 . Be it cnacicd % t/:C Legiskdvre of the State of Mississijqn, That the Board of Police of ' Tishomingo County are hereby authorized to sell '-tind convey on sucli time and terms as they may think ]>roper, the Poor PTouse in said county, to- gether witli all the lands and appurtenances con- nected Avith the same, and l^^iat the proceeds arising from such sale shall be paid into the poor fund of faid county to be used as other pauper funds are. Sec. 2. Be it fvrlhtr enaefed, That nothing in this act shall l)e so construed as to prevent the jjoard of Police or overseers of the |K)or of said county from eraploying and contracting Tfilh a i^uperintendent o« keepei of tJie ytoor, as now re- quired by law, at iuch other place or piac^. in said county a» they n)«y de<'m he*t. and that said J3oard of Police f^hall alco haTe the right, and are hereby authoriiwil to purchase land and erect buildings TiiereCiii fw the purpof^es ©f the Poor House, at any other place in wiid county, that in the opinion dt said Board i*»y be mosi ^itabla Sec. 'i. B^ a farihier madfd, That this act shall '.ake effect ftnd be in force ttom and after its pas- ■aae. Avpro^od, Deceuibtt- 12, 1861. LAWS OF Mississippi. 277 CHAPTER CCLV. AN ACT to repeal an act entitled an act to prohibit the sslc of spirituous and Tinous liquors in the town of Hous- ton in the countj of Chickasaw, approved December IM, 1S58. SEOfTON 1 . Bf it cvorted hi/ tlif Legislature of the]^ State of 3/7 wf.s'.9//;;/t, That the foregoing act bf , ' and the same is h.crcl)T repealed, ?o far as the ?ame applies to the toAvn of Houston, in Chickasaw coun- ty, and that tliis act take effect and be in foro« from and after its passage. Approved, Novembei- 29, IHiil. CHAPTER CCLVI. AN ACT to legalize the assessment of taxes in th« county of Tjawrenct, for the year 1861. Whereas, it is re<|uired that the assessors of the soTcral counties in Ibis Stat? shall certify their a.^ses«ment rolls, and deliver the same to the clerk of the Prol>tte Court of his county, on or before the 1st Monday of October in each year ; and whcrea«, the assfssioont roll for 1861, of the county of Lawrance wa»s not returned until the second Monday ol N()veml)or, creating a doubt as to it»« legality. Section I . Be it enartrd by the Tjetrlsloivre of the State (^ yi.fititixijrjyi, That Raid assessment is here- by legalized and, confirmed, any law to th« contra- ry notwithstanding. Approred, I>«oemWer 11, 1^1. CHAPIT.R CCLVn. AN ACT in rt)tti«D to aTy^no* •( titla in Mrbaia casei. Sbctiojt 1 . Bek enacted by the Legiaiaturt of the State. eu8iop abore indicated; Provided, That all amounti under one dollar shall romaia under aod b» subject to the prorisioni of the abore recited act, iu the same manner as if thii act had not been passed, and prosecutions already com- menced shall be dismised upon the payment of eosti by the accostd. LAWS OF MISSISSIPPI. 279 Sec. 8. Be it furtlier enacted. That this act shall take effect from and after its passage. Approved December 16, 1861. CHAPTER CCLTX. AN ACT in relation to the Penitentiary. Section 1 . Be it enacted by the Legislature of the Stdte of Mississippi, That hereafter all transac- tions iu relation to the purchase of raw cotton and wool, and the receipts and sale of cotton and woolen fabrics, by tlie res])ective officers of the Penitentiary of this State, shall be kei)t separate Accounts and apart, from all the other lousiness of the said ^^^ ^*P*' Institution, in a book to be termed the "Cotton Book." Under one head, the Clerk of the Peni- tentiary, shall keep the number of pounds of raw cotton and wool alleged to have been purchased by the Superintendent, the price [icr pound, the time of its purchase, and the date and aggregate amount of payment for the same. Under another head shall be kept by said Clerk, the number of yards of cotton and woolen manufacture received from the Superintendent — the character of said fabrics, and the date of their receipt. Under another head, shall be kept by said Clerk, the num- ber of yards of cloth sold by hi\n, its character, the date when sold, and the price for which the same was sold ; said entries in the said "Cotton Book" shall begin and close, with the iiscal year hereinaf- ter specified, and the said Clerk is hereby required to enter in the said book, the number of poinids of cotton and wool, ns near as may be, and tii'- num- ber of yards of cloth that were on hand the lirst of October last, together with the amount of cotton and wool bought since, their jn-ice, and the date of purchase ; also, the number of yards of cloth sold since the said first of October, the date of sale, and the price at which the same was sold, and the num- ber of yards receivrd from the said Superintendent 10 as to separate all entries made since the first of October last, in relation to cotton and wool or year- 380 LAWS OF MISSISSIPIM. cotton and woolori cloth, fi-oin tlio jir neral busiuesa of the PcnitciitiuiT, as' i-cquirod in tliisFectioi). Sec. 2. Be it furfJia- eiinricl. 'i'liat the liscal iCiscal y®*"^"' ^'^ refei-eucG to tlie business aiid affairs of the JPenitentiarj, sliall horcaffor begi'i on the first daj of October, and end on the tliirtierli day of Sep- tember iuclnsivc ; and the officers of said Institntion •are required to keep their aecotnits in accordance ;tUerewith. Sec. 3. B it t'urlhn- nmctcd, That the second section of an act C!i titled an act to provide for th« sale of goods, wares and mcrcharidi'se, manufactur- ed in the Penitentiary, approved Feb 11th, I860, lie and the same is hereby "repealed ; and thathere- ■ ;5fter the Clerk of the l^enitentiary shall keep liis office at said Institution. Sec. 4. i?e it further- enacted, That all laws And parts of laws in conflict with this act, are here- by repealed, and that this act be in force from it« passage. Approred, January 15, 1862. CHAPTER (^CLX. « AN ACT for the relief of W. F. Stearns, T. J. Wh?.i ton, and tiie Estate of D. Ma)es, deceased. Whereas, In 1853. D. C. Glenn, then atior- ■aey-general, retained W. F. Stearns, T. J. Whar- ton, and D. Mayes, as assistant counsel under the law in force, authorizing him so to do, on behalf of tiic State, in the case then pending in the High Court of Errors and Appeals, in which the State of Mississippi was ai)pellant, and H. Johnson, ap- pellee, involving the question of the liability of said State for the bonds issued and fold by the CTnion Bank : and whereas, said Glenn, as attor- ney-general aforesaid, stipulated to pay them each the sum of one thousand dollars for tlieir services in this behalf, and the legislature at its session in 1854, ordered payment to each of said parties so iretained, of the sum of five lumdred dollars, or o'lc-half of the amount stipulated to be paid to ."■M.-'s-.'H-i:; ■]'. ■ LATTS OF lirSSlSSIPPI. 281 ■yi. .•('-■,(? , . _ -. ■•I.' •--it'. ' theiM : .and whereas, the said par ties ;accQ})ted the said;, sum of five hundred dolhins each, and insti- tuted suit in the Chancery Court for the balance due tliem : and wliereas, decrees were entered in said court on tlio '2Gtli day of January, 1855, in favor of said ])artics, eacti tor the sum of five huu- drcd and iifty dollars and nine cents, with interest at the rate of six per centum per annuin from said 2Gtli January, 1855, from which decrees tlie State prosecuted appeals to the High Court of Errors and Appeals : and whereas, on the 9th day of June, lf<55, said decrees were affirmed in said t High Court of Errors and Appeals, in all things : and whereas, no part of either of said decrees lias been ])aid, but the same remain in full force, un- j)aid and unrevers<', 1802. CHAPTER CCLXI. AN Ad'l" to regulate the actioo #1" the Police Courts, in Mrtain camss. Sj>r. 1. He it etuu^rd by i/w Ijtgi slat lire of tlys Hfr.tt- of J\iiid in any contract for any puldic work within tb« county, at any time while he shall be a member of sni^ Ixuird, or while he sliall b« I.'. .TS OF MISSISSIPPI- such commissioner ; and any person offending a<^ainst the provisions of this act shall be liable to indictment, and on conviction shall be fined not exceeding five hundred dollars, or imprisoned not exceeding six months, and such contracts shall be void. Approved Decetnber 16, 1861. CHAPTER CCLXII. AN ACT to legalize the assessment of taxes in the countT' of Warren, for the year 1861, and for other purposes. Whereas, The assessment roll in and for said county has not been properly made out, corrected and sent to the auditor, as the law requires : and whereas, the board of police of said county has directed said roll to be corrected, and a correct copy thereof returned to said auditor : Therefore, Section 1. Beit enacted by the Legislature of the State of''31ississi'ppi, Tliat said assessment roll, when corrected and returned to the auditor, shall be valid to all intents and purposes, and said as- sessment be as valid as if all the provisions of the law had been complied with. Sec. 2. Be it further enacted, That-W. A. Hop- kins, the assessor of said county, be, and he is here- by entitled to receive his compensation for said assessment, in the same manner as if no error had been made, and this act be in force from and after it^ jjassage. Approved December 12, 1861. CHAPTER CCLXm. i.N ACT for the protection of Robart D. Haden, Receiver of Public Monies at Columbus, Mississippi, and his secu- rities, and for other purposes. Whereas, Robert D. Haden, late receiver ol^ • >•> public monies at the land office at Columbus, Mis- sissippi, under the governmeiit of tlie United o Mi-Rfui hi. LAWS OF MISSISSIPPI. 28$ States, has in his possession money received from the sales of public lands as such receiver, prior to tlie act of secession by Mississippi : Therefore, Section 1. Be if enacted hy the Legislature of the State, of Missisxippi, That it shall be lawful and that it is hen by made tlie duty of Robert D. Ha- den, late receiver of public monies under the gov- ernment of the United States, at the land office at Columbus, Mississippi, to pay over to the treasurer of the State of Mississippi, all money in his hands, or which he mny have received on account of the sale of public lands sold by him, and which has not been settled or accounted for by him with the go^crnmcnt of the United States, after deducting the proper fees and charges to which the said Ko- bert D. lladen may be entitled, Sec. 2. Be it further enacted, That the State of Mississippi will ])rotect, defend and hold harm- less the said Robert D. Haden, and his securities, upon his official bond as receiver aforesaid, tlicir heirs, executors, administrators and assigns, against any and all damages or loss whicli tliey or either of them may sustain or be liable to, on account of the compliance of the said llobert D. Haden with the provirions and requirements of this act. Sec. 3. Be it further enacted, That this act shall take eilect and be in force from and after its pas- sage. Approved December 12, 1801. CHAPTER CCLXIV. AN ACT makiug certain apyjropriatioas iherain named. Section 1 . Be it eimrtrd hy the Lfgi-nlafi/re of the State of Minsis.'^ippi, That the following sums be allowed out of any monef in the Treasury not otherwise oppropriated : Art. 1. To J. E. Rogers of Tippah, $11 28-100 dollars for an improper a.'^c»ef^smfnt of merchandize for the year 1860. LAWS OP Missrssippr Akt. 2. To L. Julifinri^, for stationery furnished the Legislature, the piim of Eightv-eijrht and 85- 100 dollars, ($88 85-100.) ' ' ' "Art. 3. To J. B. Morey, forstntioncry furnished the Legislature the sr.m of fifteen 80-1(^0 dollars, ($tr^ 80-100) Art. 4. To C. A. Moan*, for stationery furnish- ed the Legislature, the sum of eleven dollars, ($11.) Art. 5. To J. S. Sl/.er. for stationery furnished tlie Legii^lature, the sum of fifry-onc dollars. (S51.) Art. ti. Beuj. B. W. Lee. assessor of Marion coiinty. the sum of two hundred dollars, (;>200.) Art. 7. To C. R. Dickson. Postmaster, Jack- son, for postage on public documents mailed by House of Rcpresentaitives per resolution, the sura of one liuudred and twenty and 60- 00 dollars. Art. 8. To R. L. Buck, Esq., for services as Dis- ti'ict Attoruey pro tern, for biennial Court of War- ren county, at November t-erm, 18dl,the suvn of eighty-three aitd >100 dollars, (i?83 33-100.) Art. 9. To Joseph G. Conwell, of Itawamba county, for over assessment on land for the year lS57,'thesum of twelve 5-100 dollars, ($12 5-100.) Art. 10. To James Daniel, for services of A. Eeid, a free boy of color, for forty-seven days at- tendenee as servant upon the House of Represen- tatives, from the 4th of November to 20th Decem- ber, 1861, the sum of ninety-four dollars, ($94.) Art. 11. To MrS. M. Saunders, forty-seven days attendance upon the House of Representatives, from November 4th to December 20th, 1861, the iwea. of ninety-four dollars, ($94.) Aet. 12. To Messrs. KimbalKfe Cooper, (Mis- .sissippian Office,) for printing for the Legislature ai regular Bession from November 4th to December 20t]i, 1861, the «um of nine hundred and fiftv and 80-100 dollars, ($'.*50 80-100.) Art. 1 3. To Messrs. Power & Cadwalladcr, for five hundred envelopes, the sum of seven 50-100 dollars, ($7 5«.i Art. 14. To Thomas Malone & Co., for impro- per as«e8sment of merchandize for the year I860, I the sura of thirty dollai^, ($30.) : Art. 15. To Mrs. Amanda J. Harris, of Law- 8-cxice countj, tlie bum of four 40-100 dollars for r,AT7s OF Mfsaipsipn. over assessment for (he vear 1S50. on slavca, ($4 40-100,) Art. IC). To V. A. W. Anderson, tlie sum of eighty- three and 33-100 dollars, for services ren- dered as District Attorney /)/o tcni, in the Circuit Court of Warren county. Art. 17. To Charles T. IJrndford tlie sum of thirty-four and 50-100 dollars, bcing^ witness fees allowed Nowctt DrcAv and C. W. Standard, State ■witnesses, in the ease of the State t\s. Matthews, allowed said witnesses by the biennial Court of Issaquena (^'ounty, and transferred by them to said Bradford. Art. 18. To Samuel Livingston, Clerk. halls of the Legislature, before the meeting of the pame, and for paste furnished l)y tlie boy JellVcy for tho use of the Senate, amountbg in all to the sum of one hundred and fifty-live dollars and fiftj cents. Art. 20. Mrs. Price, for hire of negro man for cutting wood for Slate Iloii-e, for two months aiu? eight days, at twenty-three doUars i)er month, making iifty four dollars. Skc. 2. Br {' jiiiihcr r3K"/ spcctive sums of money hereinbefore spcciticd. Provided, that the Auditor of Accounts shall ]>e. and he is hereby required to take from the per^tous respectively, to whom a)){>roj)riations arc tierciu made, a receipt in full to this date, for services and items stated in their respective claims, and this act Bhall take effect and be in force from and after its passage. Approved January 28. li* *. 286 LAWS OF MISSISSIPPI. CHAPTER CCLXV. AN ACT authorizing the issuance of Treasury Notes on behalf of the State. $2,500,- 000 to be issued* Form. Denomi- nation. Military fund crea- ted. ■ Section 1. Be it enacted h/ the Legislature of the State of Mississippi, That tlie Governor and Au- ditor of this State arc hereby required, as soon as possible, to contract for the printing- upon electro- type plates, of two and a half millions of dollars of the Treasury Notes of this State, which notes, signed by the Treasurer, and countersigned by the Auditor of Public Accounts, and ornamented with such designs as the Treasurer and Auditor may adopt, shall read on their face as follows : " The State of Mississippi promises to pay to bearer dollars at tho Treasury Office. Issued day of 186 Auditor, Treasurer. And on some portion of the face of said notes shall be inserted as follows : "Faith of the State pledg- ed ;" "Fundable in bonds bearing eight per cent., payable in ten years, 'When not less than five hun- dred dollars are presented." "Receivable in pay- ment of all dues to tlie State." Said notes shall be printed" in denominations of five, ten, twenty, fifty, one hundred and five hundred dollars, and in such proportions of each as the said Governor and Auditor may determine. Said plates shall be soldered up in a tin box and deposited in the office of the treasury. Sec. 2. Be it further enacted, That the said notes, when procured, sliall be deposited with the Treasurer, in the treasury of the State, and shall constitute a military fund to be expended in the defense of the State. All sums heretofore appro- priated for military purposes, may be paid out of the said fund, and tho Governor of this State is hereby authorized to draw his order upon the Au- ditor, who shall draw his warrant upon the Trea- surer, in favor of such persons and in such sums, and for such purposes as he may deem necessary in LAWS %F Mis.-,;ssippi. 287 providing for tho military exigeucies and general defense of the State. Skc. 3, Be it further nuicttd, That tlic Treasury Notes liereby autliorizod, m;iy be funded as follows: Any person holding not less than tlie sum of five Treasury hundred dollars of said notes, may present the notes how- same to the Treasurer, for the purj)ose of funding funded, the Siime, and thereupon a bond of this State, bearing ititcrcst at the rate of eight per cent, per annum, and payable in ten years from the date of the same, shall be issued to such persons for tho amount as presented aforesaid, which said bond shall be signed by the (Joveruorand countersigned by the Auditor and Treasurer of the State. Said Treasury notes so exchanged for said bonds, sliall be. immediately cancelled in some u.imis'.ukcablc Notes, manner, by the Treasurer and Auditor, in the pre- when and sencc of each other ; and the notes so cancelled ho^ can- shall be delivered to the Treasurer to lie deposited c^^'*^"- in the treasury of the State. The said Treasurer shall keep books showing the amount of said notes so lunded, the persons to whom, the amount in which, and the time when said bonds were issued, together with such other entries as may be neces- sary to explain and jireserve iiis actings and doings under this act. The Auditor shall keep a record in his liooks of the amount of said notes cancelled, the litlo of such cancellation and the persons to whom the same .were presented and returned. Sec. 4. Re it furt/yr enacted. That the said Notes, % Treasury notes shall be receivable in payment of what re- all taxes and other debts due to this State, except ceivable. the tax authorized by an ordinance, passed January 26th, 18G1, for the payment of the Treasury Notes issued by virtue of the same. Sec. 5. Be it further enacted, That the faith of Faith of the State of Mississippi is hereby pledged for the the State , ultimate redemption and payment of the notes and pledged, bonds authorized to l)e issued by this act. Sec. 6. Be it furthr vnacted, That all funds which now are, or which hereafter may be, in the Appropri- Ireasury, not otherwise appropriated, and all ation for fundrf which may be olHained from the Confederate printing. States in discharge of their indelitcdness to this State, are hereby appropriated as far as necessary, 288 i.Avrs OF Mississipri. to the payment of tlic debt contracted for the printing of said notes, and the Grovernor is author- ized to draw his order on the Auditor who sliall draw his warrant on the treasurer for the amount Governor ^^ ^^^'^ debt. In addition to the saiii ai)propria- may exe- tion, the Governor i.s hereby authorized, if in his cnte bond, opinion it may be necessary, to procure the print- ing of said notes at the earliest ]>ei'iod, to execute the bond of this State for the amount of said debt, bearing ten per cent, per annum interest from its date, aud payable at such time as he m^y agree, and for the payment of said bond, tlie faith af the State is hereby pledged. Sec. 7. Be it further enacM, That the Auditor- Auditor and Tjoasurer arc hereby authorized to employ the and Trea- gei-yiecs of such clerks as may be i-efained in their c'm^DlTv *^fi^^^'^' ^i"<^er any previous law. in carrying out the clerks. purposes of this act ; and should said' clerks be in- sufficient, then the said Auditor arid Treasurer arc hereby authorized t^o procure the services of such clerks as may be necessary to ^thatend ; Provided, the pay of said clerks shall not exceed the rate of eight hundr-^d dollars a year for the time they may of be so em})loyed, and any money in tlie treasury not otherwise appropriated is hereby appropriated to their payment. Sec. 8. Be it fnrthcr enacted, That this act be in force from its passage. Approved January 29, 1862. ^erks. CHAPTER CCLXYL AN ACT to amend the chnrter of the Columbus Life and General Insurance Company, and the Mississippi Mu- tual Insurance Comp;iny. Whereas, The Columbus Life and C4eneral In- surance Company, Jir-ting under and by virtue of a charter or act of incorporation, from the legislature of the State of MisBissip))i, with an actual capital paid in of three hundi-ed thousand dollars, has been in l^uccessful operation for a number of years, paying a large amount of taxea into the State treasiiry annually : and wliercas, there has'Srif^'en an emergency in the financial alTairs of the country requiring the employment of concentrated banking^ LAWS OF MISSISSIPPI. 289 capital or credit, either of our own or some other State or States : Therefore, Sec. 1. Beit enacted by the Legislature of the State of Mississippi, That the Columbus Life and General Insurance Company, be, and they arc Notes to hereby authorized and empowered to issue and put circulate in circulation as the representative of money, as money notes or bills, equal in amount to double the amount authoriz'd of their actually paid up capital, under the follow *° ^ '^' ing rules, regulationc, immunities, rights, privileges ^"^ ' and liabilities, in addition to those granted or im- posed in the charter of said company, as it now exists, to which this act is an amendment. Sec. 2. Be it further enacted. That in addi- tion to the capital stock of said company, the individual stockholders, or any co-partnership or stockhold body politic, owning or holding shares of stock in ers held said companies, shall be bound and held liable in double res|5ectively in the capacity in which said stock or ^^^® amo't shares of stock are held, and for twelve months °[ *^^"^ after any transfer or sale thereof, for the redemp- tion of all of said notes or bills that maybe issued and put in circulation by virtue of the first sec- tion of this act, to an amount double the stock or shares thus owned by each, upon ftiilure of the company to redeem the same. SEf. 3. Be it further enacted, That in case of an issue of notes or bills, and put in circulation by said company, greater than is hereby authorized, the president and directors, under whose adminis- ., tration it may have occurred, shall be liable and j^jj^gc- held responsible for the redemption of all the is- t^rs when sues of said company in their individual and pri- liable, vatc character, and suit may be instituted against them, or either of them, in any court having com- petent jurisdiction, by any creditor of said com- pany holding the notes or bills thus issued by said company, and such suits way be prosecuted to judgment and collection against said parties, any condition or agreement to the contrary notwith- standing, but the incorporation shall not on account of this provision be less liable or charge- able with such excess or over issue : Provided, h/nrcvrr. That the president and such of said di- rectors as may have been aliscnt when such excess L- 28' 2^0 LAWS OF MISSISSIPPI. or over issue was authorized, created or contracted, or who may have recorded their votes, if present, on the minutes of the board of directors against such excess or over issue, shall not be held subject to liability under this provision. Sec. 4, Be it further enacted. That it shall be illegal for said company, by order of their board of directors, or by the action of any officer or offi- cers of the said company, to issue and put into circulation an amount of notes or bills larger than the amount authorized by this act, to be issued and Penalty P^^^ ^^^*^ circulation by said company ; and the for over director or directors authorizing such issue, and ssue. the officer or officers of said company issuing and putting into circulation the same, shall be guilty of a high misdemeanor, and upon indictment and conviction therefor, shall be fined in any sum not exceeding tAviec the amount of such over issue, and imprisoned in tlie penitentiary not more than ten years. Sec. 5. Be it furtlier enacted. That said com- pany are hereby authorized to issue notes or bills as provided for in section one of this act, of such Bill less denomination ; not less than one dollar, as may be than $1 deemed proper by said company during the sus- not to be pension of specie payments by the banks of the issued. cities of New Orleans and Mobile ; but so soon as the banks of the cities aforesaid, or a majority of them, sliall have resumed specie payment, then and thereafter it shall not be lawful for the said Columbus Life and General Insurance Company to issue and put into circulation any of their notes or bills of a less denomination than five dollars, unless by legislative enactment notes or bills of less denomination than five dollars are allowed ta circulate jn this State. Sec. 6. Be it farther enacted, That the said company shall within ninety days after the resump- When to ^^^^ ^^ specie payment by the banks of the cities redeem in of New Orleans and Mobile, or a majority of gold and them, be required to redeem their circulation in silrer. coin, and at all times thereafter keep on hand gold or silver coin, one or both, in a proportion of not less than one-third of the amount of the notes or bills it shall have in circulation, and should this LAWS OP MISSISSIPPI. 2^ proportion be suddenly diminished by their re- sponse to an unusual presentation of its circulation and demand for coin, the deficiency must be at once remedied. Sec. 7. Be it further enacted, That the said company shall bo autliorized to take, to retain, or receive on its loans and purchases of notes or bills of exchange, interest off at tlic rate of eight per . . V*' cent, per annum, Init it shall be entitled to charge '" ^'* and receive legal per cent, per annum, running in- terest, upon all claims hereafter due to said com- pany, until paid : Provided, That said company may, in the purchase of notes or drafts, payable at its own counter, receive or retain eight per cent, per annum interest olT. Sec. 8. Be it further enacted, That whenever any bill or bills, note or notes, being issues of said company, arc presented at its counter for redemp- tion, after the time fixed in the sixth section of Bii]g^jj»„ this act for specie payments by said company, and ami h^w the company shall refuse to redeem the same, either pro tesUd. in gold or silver, the president or secretary shall, Interest, npon the requirement of the party presenting the same, write across the back of such bill or bills, note or notes, the word " protested," with the day and date thereof, and shall sign the same, and all such bills and notes so protested shall draw twelve per cent, interest from the date of the jnotest, un- til the same shall be redeemed, together with the interest that may have occurred thereon ; and if *any snch notes or bills be presented to said com- pany at its counter, and payment be refused, and such officer refuses to note the same protested as above piibvided, said company shall be subject to pay double the amount of the demand presented and refused, to be recovered by the person aggriev- ed in any court of record having competent juris- diction; and the officer so refusing to note the same for protest, shall be guilty of a high misde- meanor, and on conviction thereof in a competent court, shall ])e imprisoned in the county jail for a period not exceeding twelve months. Sec. 0. Be it further enacted. That if any debt or denuind against said company, being part of its circuhilirtn. for an amount exceeding one hundred -'t92 LAWS OP MISSISSIPPI. dollars, shall remain unpaid for more than ten days after proper demand made for payment, the holder of such debt may file a bill in the Chancery Court having jurisdiction, for the settlement of -all the debts of the company, if he elect so to do, and may, on sufficient proof of such refusal to pay, ■ on demand, and of the continuation of such refusal Wban in- made, to any chancellor or judge of any Circuit janctiba court of the State, pray an injunction to restrain Q- sssue. ^Ijq g^jj company, and all its officers from paying out, or in any way transferring or delivering to any person any money or assets of said company, or incurring any obligation or debt until such order be vacated or modified ; and if any such chancellor or judge shall be of opinion that the debt is justly due, and tliat the company has no just defence against the demand, and if it shall appear expedient and necessary upon the proof presented, in order to prevent fraud and injustice, he shall grant an order for such injunction: Pro- vided, the company shall have reasonable notice of -the application, as the chancellor or judge may ;: prescribe, and shall not be able to show sufficient •' cause against the same, and the said chancellor or judge shall then proceed further to inquire on such further notice as he may prescribe, whetiier the said company be clearly solvent or not, and may require the officers of the company to exhibit any and all of its books, papers, accounts, asi?ets, moneys and effects, and to be examined on oath touching the same before him, or a referee to be ■, appointed by him; and if it shall appear that said .company is not clearly solvent, then he may make -an order declaring the same to be insolvent and requiring its affairs to be wound up and settled ; and further, if in his opinion the safety of the creditors require it, such chancellor or judge may V Receiver ^PPoi^^^ ^ receiver or receivers, who shall give ■ when ap- ample security for the faithful discharge of their , poaoted. duty to take charge of all the assets of the com- pany and to close and settle its affairs, and may make all such orders for the accomplishing the same safely, properly and economically as the case may seem to require. But if it shall appear on such examination that the said company is clearly LAWS OF MISSISSIPPI. solvent, or if there shall appear to be a deficiency of assets, and the company shall proceed and give good security for the payment of any deficiency wliich may exist, and that the assets shall prove sufiicient to satisfy all tlie debts of the company to the satisfaction of the chancellor or judge, then no sucii receiver shall be appointed ; and upon the payment of the debt complained of, the injunction iQjnicFDt. and proceedings shall be dismissed. Such order dismissed; shall be made for the payment of costs, &c,, as the chancellor or judge shall deem just and proper : Provided, That such costs, &c., shall not be recov- ered against the company if it shall appear that suit was instituted for malicious or vexatious pur- poses, and that there was in reality no just grounds for the same. The proceedings to be made a matr ter of record in the proper court, and be subject to revision and correction by the High (. ourt of Errors and Apjicals, as in other cases. Sec. 10. Be it further ejiac^o?, That in case the said company be found insolvent and settlements of its affairs be ordered as herein provided, the same shall bo done upon bill filed in chancery court under the orders of the court and rules in chancery,, and full distribution shall be made of tl.e as-cts according to the rights of all parties. But the 'holders of the obligations issued by said company (Sjeatam for circulation as money, shall be first called in ^^^ ^ ^-^ and paid, and shall have priority over debts due incafteaff from said company, and after the holders of the ineoh »*- notes issued for circulation shall have been fully «y. paid off, then the balance shall be appropriated to the payment of the ordinary creditors who shall be paid in full if there should be sufficient assets to pay them, if not, the same shall be divided pro rata amongst them , and if there should be any surplus left after paying the ordinary creditors in full, then the same shall be divided pro rata amongst \ the stockholders. .* Sec. 11. lie it further enacted, That the sum- mary remedy in this act especially given for settling up and closing the affairs of said company shall apply to the case of insolvency or presumed insol-- vency, but shall not be allowed in the case ofa^ suspension only of specie payment when, and so- ■294 LyVWS OF MISSISSIPPI. long as such suspension shall be sanctioned by the Legislature, or by the Governor, during the recess of the same. But nothing in iliis act contained shall be construed so as to deprive a creditor of said company from his right to suit in any other appropriate mode of proceeding. Sec. 12. Be it further enacted, That half year- ly dividends may l)C made of so mucli of the profits Dividends of the company as shall appear to the Directors proper. But no dividend sliallbc paid which shall touch upon the capital of the compan3\ Sec. 13. Be it furf her enacted, That the Direc- tors shall have power to call a general meeting of ©irectors ^^^ stockholders at any time they may deem neces- may call a sary or expedient. Any number of stockholders meeting of who are proprietors of one thousand shares of stockhold- capital stock, may for the same reason call a gen- ^^' eral meeting of the stockholders, the notice and call in both cases to be public and reasonable. Sec. 14. Be it further enaeted, That the com- pany shall make to the Auditor'of Public Accounts, a report once in every six months, of its true situa- Report to ^^^"' showing the amount of its assets and liabilities Auditor, and of what they consist ; also a list of the stock- when and holders of said company, with the number of shares &QW made owned by each. This insurance company shall be required to deposit in the office of the Probate Clerk of the county in which they may do business on the first day of April in each year, a copy of their stock-book, verified on oath, to be subject to public inspection, and said copy or certified tran- script thereof shall be received as evidence in all the courts of this State. Sec. i5. Be it further enacted, That the said company may, at tlic discretion and by order of ^ital ^]jgi,. Board of Directors, increase their capital BeT^reaT ^^^^^^' ^^ ^^ ""^ *^^ exceed, in their entire capital ed. ' stock, the suMi'offivc hundred thousand dollars, and upon such increased capital stock as the same may be actually paid in, the said company may increase their issue of notes or bills for circulation in the same proportion, that they are authorized to issue upon their ])resent capital stock until such increas- ed issues shall amount, with their entire issues, to the sum of five hundred thousand dollars. LAWS OF MISSISSIPPI 2§5 Sec. 10. Be it further enacted, That this en- tire act amendatory of the charter of the Columbus Life and General Insurance company shall be in force from and after passnge, any law to the con- trary notwithstanding, and shall continue for the term of fifteen years and no longer, Provided, the charter of said company shall continue so long ; Provided hoiceviv, That it shall not take effect until it has been accepted by stockholders owning or representing a majority of the stock of said company as part of its charter, and notice thereof given to the Governor of the State. Sec. 17. Be it further enacted, That the Missis- sippi Mutual Insurance company, doing business at Aberdeen in this State is hereby invested with all Missis- the rights and privileges herein granted, subject to sippi Mu- all the penalties and restrictions in this aet provi- j^*l.g^^" vided, and may do a banking business on the amount of tlieir capital stock actually paid in and their profits reserved. The stockholders in said company may increase their capitol stock to a sum not exceeding two hundred thousand dollars, . which shall be the limit of their entire capital 3^0^^*200- whether paid sul)Scriptions or reserved profits ; qoo. Provided, That the bonus paid to the State by said company shall l)ear the same proportion to its capi- tal that the bonus to be paid by the Columbus Life and General Insurance Company bears to the capi- tal of the same. Sec. 18. Be it further enacted, That the insu- Fire and ranee companies to whom l)ankinff privileges are 'f^^' herein granted, shall not take any fire or life insu- i^^qj^\ ranee risks, at any time, to any amount exceeding the reserved profits and unpaid dividends of said com- panies during the time for which banking privileges are herein granted. Sec. 19. Be it further enacted, That nothing in this act contained shall be construed to take away from the Legislature the power to tax the capital stock, or issue of said corporations, in whatever manner or in whatever amount shall be deemed to the best interest of the State ; Provided, That tlie Capital tax levied shall never be at a lighter rate tlian for stock,how other loaned money in this State ; Jind Provided taxed. ako, That when such tax is levied the company 296 LAWS •? MiseisaiPM. shall be discharged from paying any bonus to the State. Sec. 20. Be it further enacted, That all acts and parts of acts which conflicts with the provisions of this act are liereby rendered inoperatire so far as they affect this charter and no farther. J. P. SCALES, Speaker of the House of Representatives. JAMES DRANB, President of the Senate. Approved January 25, 1862. JOHN J. PETTUS. [CERTIFICATE.] Secretary of State's Office, Jackson, Miss., March. 6, 1862. This is to certify that the foregoing printed Acts, Resolu- tions and Memorials, passed at a regular session of the Legis- lature of the State of Mississippi, held in Jackson in the months of November and December, 1861, and January 1862, are just and true copies from the originals in the oflSce of the Secretary of State. Given under my hand, and the great seal of the State of P 1 of Mississippi, the day and year first above '- ■ '^ written. C. A. BROUGHER, Secretary of State. INDEX. GENERAL AND PUBLIC ACTS. [A] AGRICULTURAL STATISTICS— President of Agricultural Bureau to furnish blank forms ^ 227 Secretary of State to have blanks printed. . . 227 Blanks furnished to assessors 227 Assessors to return blanks • 227 Interrogatories to be answered. • 227 ALIEN ENEMIES— In relation to suits when plaintiffs are 272 APPROPRIATIONS— Five hundred thousand dollars 49 For indigent families of Volunteers 53 For Hospitals 57 For the benefit of families of Volunteers. ... 96 To arm Capt. Pinson's Cavalry Company. . . 99 To arm Capt. Geo. ]>arnes' Cavalry Com- pany 99 For the relief of the third Battalion Missis- sippi Volunteers 103 To repair Governor's ^lansion 122 For the expenses of the funeral of Col. E. R. Burt 131 For defense of the Sea Coast 134 " benefit of Capt. J. T. McBee 145 " " '• tlie Panola Cavalry 205 " the Tillatoba Greys 205 " Military purposes generally 229 " benefit of the Tislioraingo Rangers 25f> " Polk Rangers 258 •' Missis.«!ip}>i Ilosjutals 202 Making certain 265 Julienne. L 265 300 INDEX. APPROPRIATIONS— Yirden, A 265 Taylor, James 265 Morey, J. B , 265 Sizer, J. S.. . ./. .y. . (.1 . . U;. A 265 George, 3.Z..:.,^.::\..il.^ 265 Strauss, 1 265 Cooper & Kimball , , 265 Saunders, Mrs. M 266 Daniels, James -^ . 266 Moore, C. A ...266 Making certain 283 Rogers, J. E 283 Julienne, L 284 Morey, J. B 284 Moore, C. A.... 284 Sizer, J. S .].... 284 Lee, B. B. C ' ....:.. 284 Dickson, C. R 284 Buck, R. L ..: 284 Conwell,J.C .' 284 Daniel, J 284 Saunders, Mrsi M. ......■.............=... 284 Cooper Qualifications to be Director 150 Record book to be kept 156 Penalty for overissue • •.••.. 156 Oath of Cashier 156 No. of Directors to constitute a board 157 When list of Stockholders to be filed 157 Length of time small bills may issue 157 Notes, when payable 157 Cashier to endorse protested bills .... . 158 Penalty for refu4ng to endorse- . . . . • 158 How taxed 158 Stockholders required to give good security 158 President andcasliier to what extent liable. . 158 ^ Directors may sell stock 159 Public advertisement to be given . ; 159 Limit of indebtedness of any one person. . . . 159 State Treasurer to furnish a statement 159 How published 160 President to make statement to Governor.. 160 Governor to appoint persons to examine books 160 Penalty for making false return 160 Penalty for making false entries 161 Provisions of act to extent to other 161 Other banks established 151 and 162 Their location 161 and 162 Capital stock - 161 and 162 Treasury notes to be received by 162 Penally for refusing said notes at par 162 Trustees, when appointed 163 Notes receivable for taxes 163 Small notes may issue 278 Bills under one dollar subject to provisions of Revised Code 278 BOARDS OF police- To examine the official action of commission- ers of swamp lands, &c., in this State. . . . 123 To employ counsel 124 To use swamp land fund 126 Counties excepted 126 To prohiljit improper allowances 245 Penalty for violation 245 INDEX. 305 BOOKS FOR THE BLIND— Board of Trustees empowered to locate pub- lishing bouse for printing 81 [C] CHANCERY COURTS— In relation to testimony in certain cases in . . 275 CIRCUIT COURT— For the relief of the Judnes of the 266 COMMODITIES— To prevent unreasonable speculation in certain 144 Penalty for violation 144 CONFEDERATE STATES COURTS— To provide for the accommodation of the . . 275 CONFEDERATE STATES TAX— To provide for the pnyment of the 136 Governor to borrow money to pay the 136 Certificates of stock to issue 136 Interest, when payable 137 Bonds negotiable 137 Separate accounts to be kept ; 137 Duties of county tax collectors 137 Claims against Confederate States, how applied 138 To prohibit bv proclamation the collection of the ■ 138. CONSTITUTION— Bill of rights, equality of rights, political power, and right to change government,.. 16' Religious worship free to all, 17 No preference given, 18 Truth to be given in evidence, 18 Security of person, ol commissioners to appoint inspectors in 111 Duties and pay of said inspectors, • - 112 For the relief of 0. W. Shipp, of - - 129 For the relie; of A. J Walker, - - 255 CANTON— To amend act incorporating the town of, 1 "8 Registry of Voters, - - - - 138 Fees of Mayor and Marshal, - - '139 Fourteenth section amended, - - - 139 Rooms in Court house occupied by city officers, 140 C'ompensation of Mayor and selectmen,' - 140 Amonnt of taxcb to be collected, - - 140 CAVALRY COMPANY— To aid in arming and equipping Capt. J. T. McBee's, 145 To report to Quartermaster, - - - 145 CENTRAL MISSISSIPPI FEMALE COLLEGE— To amend act incorporating, - - - 208 CLARK FAMILY— m For the relief of the, 246 CLARK, Z. A.— For the relief of • ........ . . 70 CLARK, W. IT.— Leive of al^ncnce granted, 78 CLIFTON. W. D.. iiec'd- For the relief of 107 INDEX. 326 CHICKASAW COUNTY— For the relief of W. T. Huggius of, lO^I For the relief of John White of, 228 To repeal actto prohibit the sale of vinous and spiritous liquors in Houston, in . . SW CHOCTAW COUNTY— To secure the payment of the school fnnd^ in -^9 To remove the civil disabilities of Knight Edwards of, '106 Board of Police authorized to borrow, ,26'J Warrants to issue, '268 Interest, 26« When redeemed, 2ft8 Compensation to treasurer and clerk, 2f Police, '...-..... U For the relief of J . I), i -avis of ^5 To reduce the pay of petit and grand jurors,. 1 3*» To reduce the taxes of J ^.t HARRISON COUNTY— To authorize clerk to remove records 206 Board of Police to pay expenses of such re- moval, 203 HINDS COUNTY— Transcripts of records ordered to be copied by Police court, when certified to, received as evidence, 52 To legalize the assessment roll of. for 1S6I,. . 116 Probate court invested with power to take charge of last will, 1,. 70 Commissions allowed for collecting-, 71 JONES COUNTY— To reduce the salary of the Probate Judge of. 91 To fix the pay of Memb'^r> of Board of Police, 91 Pay of Inspectors and Clerks of election,.. . . 92 Monies arising from the sa'e of estrays, run- aways, &c., how ap])ropriatcd in, 96 To reduce the price of swamp lands, 121 [K] KEMPER COUNTY— To leduco salary of Probate Judge of, 93 Clerks and inspectors of elections exempt from road duty in, 93 Pay of Members of I3oard of Police, 93 To suspend the collection of Mobile and Ohio Railroad tax in, 264 [L] LAUDERDALE COUNTY— Compensation to inspectors and clerks of elec- tion of, 86 Jurors of coroners inquests of, 86 Officers exempt from road duty, 86 Salary of Members of Board of Police, 86 Pay of petit jurors in, 87 For the relief of the clerk of, 121 To provide for indexing papers in Probate Courts in, 142 Board of Police to proTide compensation, . . . 142 LAFAYETTE COUNTY— To reduce the salary of Probate Judge of,. . . 96 For the relief of W. G. Martin, of, 204 For the relief of H. J. Terrill, of, 248 LANDS- Register to sell to Thomas S. Red, certain,. . 267 Expense of surrey of, 267 LBAKB COUNTY— J. C. Quinn, T. C. R&sberry and W. A. L. Harris, of, 128 For the relief of the Sheriff and Treaflurer of, 205 328 INDKX. LEVEE COMMIS>>TONERS— Salary of oflicers of, • 224 LEWIS, TH OS. E.— For the relief of, '. . . . 239 LOCK, L. J.— For the relief of, 94 [M] MARION COUNTY— To reduce the salary of Probate Judge of, . . . 96 To suspend W^r a lisnited period chapter 9 Re- vised Codt!. so '':)r as it relates to, 195 MASSIE, J. B.— For the relirf of, 244 MAYES, D.— For the reli.f of tlic estate of, 280 MARTIN, W. G.— For the relief of, 204 McMANUS RIFLES— Chief of Ordnance authorized to issue car- tridq;e aid cap boxes to, 78 McDonald. HUCr^i— For the reiief of, 109 McAMIS, JAMES— For the benefit of, 221 McGEHEE, MILES H.— For the relief of, 222 [N] NATCHEZ— To amend charter of the City of, 253 City patrol to be organized, 253 City officers, how elected, 253 NESHOBA COUNTY— Fees of officers reduced, 71 To legalize the assessment roll of,. 122 For the relief of Hugh McDonald of, 197 To legalize and confirm the sale of certain lands in, 226 NEWTON COUNTY— For the relief of Isham Dansby of, 88 To confirm the location of swamp and OTCr- flowed lands, 198 INDEX. 321) NEW ORLEANS, JACKSON & GREAT N. R. R.— Governor and Mayor not to vote at elec- tions of, for directors of, 101 Three citizens to be appointed to represent stock owned by Mississippi in 101 Notes to circulate as money, to be issued by, 238 [0] OAKLAND— To amend charter of the town of, 270 Boundary 270 [P] PONTOTOC COUNTY— To reduce the salary of the Judge of, 126 PRADAT— To change the name of R. E. C, A. C. A., M. L. and C. C. A 210 [Q] QUINN, J. D.— For the relief of, 216 [R] RANKIN COUNTY— To reduce the salary of the Probate Judge of, 128 For the relief of L. D. Rhodes, sheriff of,. . . 237 RESOLUTIONS- Appropriating cartridge boxes to Smith-Quit- man Rifles, 67 Authorizing Chief of Ordnance to equip Fireside Defenders, 67 In relation to furnishing the Newton Rebels with cartridge and cap boxes 68 Appropriating cartridge and cap boxes to Lafayette Sharpshooters, and other volun- teer companies, 73 Granting leave of absence to W. H. Clark,. 78 In relation to enrolled bills, 216 Keeper of capitol to distribute certain books, 217 In relation to State Treasurer, " In relation to the shipment of cotton, 218 Authorizing the Grovernor to use certain mo- neys " 330 DTDEI. RESOLUTIONS— Kelating to claima against the Lunatic Asy- lum, 210 Joint — disbanding 60 day troops, 224 Autliorizing librarian to purchase certain books, 226 RHODES, L. D.— For relief of, 23Y [S] SCOTT COUNTY— To prevent the sale of liquor within 5 miles of the town of Morton, in, 250 Druggists may sell, &c 250 Not less than ten gallons, 250 Affidavit to be filed in, of clerk of, 251 Penalty for violation, *' Probate Court, when to be held, 257 SHIPP, 0. W.— For Ihe relief of, 129 SIMPSON COUNTY— To prevent the sale of vinous and spirituous liquors, . 74 SMITH COUNTY— Board of Police to use certain monies, 72 Ranger and county treasurer to take county claims, &c 72 For the relief of L. J. Lock, of. 94 STARKE, P. B.— Appropriation to arm and equip a regiment raised by, 102 Bond to be given for said appropriation, .... " Arms to belong to State, and to be returned, . " To return certain moneys in certain cases, . . 208 STEARNS, W. F.— For the relief of, 288 SUNFLOWER COUNTY— Assessments of lands in, 47 For the relief of the probate clerk of, 121 To suspend the collection of taxes for 18C2, in, 14» Toll-gates to be erected on public roads in,. . 20 INDEX, 331 [T] TALLAHATCHIE COUNTY— To suspend the collection of taxes ior 1862, . . in, ... 146 Mtt ' Leave of absence granted to probate judge ^^ of, 262 TARPLEY, JOHN ESTELLE— To remove the civil disabilities of, 271 TERRILL, H. J.— For the relief of, 218 TH^PAH COUNTY— Salary of treasurer of, 89 To reduce salary of probate judge, 91 For the relief of W. P. Baldwin, of, 115 TISHOMINGO COUNTY— Salary of probate judge, : 75 To repeal act in relation to Circuit and Chan- cery courts of, • 97 Former prosecutions, subpoenas, &c., to be re- turned to Jacinto in, • 98 Books, papers, record^,